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Trump’s least favorite judge has friends in high places


Before they were federal judges, James Emanuel Boasberg and Brett M. Kavanaugh were classmates at the Yale Law School and roommates in a terraced house outside Campus of Rossi brick, where they forged a bond that carries on until today.

Their friendship, according to the interviews with six classmates of the legal school, is based on a basis of common elements: both men are the children of lawyers and have attended private high school high schools in Washington – Georgetown Preparatory for Justice Kavanaugh, St. Albans for Judge Boasberg. Both went to Yale as university students. Both were appointed for the first time on the bench by President George W. Bush. Like judges, they overlapped for more than seven years at the United States Court of E. Barrett in Washington, DC

The two jurists, none of whom commented this story, “have a lot in common,” said Amy Jeffress, a former classmate of jurisprudence, who said judge Boasberg and judge Kavanaugh have been close since he knew them at school.

Friends and colleagues describe judge Boasberg, who goes to Jeb, like a moderate, known for his calm temperament and weighted jurisprudence. He is also a particularly respected jurist with deep links with the members of the conservative legal establishment, such as judge Kavanaugh.

In 2018, President Trump raised judge Kavanaugh to the Supreme Court. Last month, the president asked for the removed judge Boasberg from the bench after having issued an order temporarily preventing the administration from using the Alien Enemies Act, a law in war, to expel men accused of being members of Venezuelan bands in El Salvador. Trump defined Judge Boasberg, 62, “a root left crowd, a plane and a agitator”.

The lawyers, the observers of the court and other judges who know judge Boasberg say that among the 635 judges of the trial court on the federal bench, Trump has chosen a particularly hard goal to paint as a radical out of step.

“He and I could have different opinions on how to interpret a statute or the Constitution, but in any case in which I saw his work, I found the epitome of an impartial judge who does his best to apply the law faithfully,” said Thomas B. Griffith, a retired judge who served for 15 years in the United States Court for the DC circuit after being appointed by President George W. Bush.

In a hearing on Thursday, judge Boasberg said it would soon govern If there was a probable cause to maintain the context administration for having ignored its order last month, starting about 100 Venezuelan deportees to have flown to El Salvador. A sentence of contempt would represent a new level of constitutional tension between the judiciary and the administration.

Kenneth Christmas, who lived with judge Boasberg and judge Kavanaugh in the terraced house at 61 Lake Place in New Haven, in Connecticut, said that the characterization of Judge Boasberg of Mr. Trump did not match the man he knew. Mr. Christmas said the common points between the two jurists went beyond their background.

“In our group, they are ballast,” he said. “Both are their ground. They have a point of view, but both are anxious to hear what the other part has to say.”

Mr. Christmas, now a lawyer and entertainment consultant, recalled that as students, the group was called “puppies” or “cubbies”. For the following 30 years, the eight men gathered every year for “Cub Weekends” to “commiserate, commemorate and support each other,” said Christmas.

Their 2001 weekend, aboard a 55-foot sailboat, emerged years later, when a Judge of e-mail Kavanaugh wrote it emerged during his process of confirmation of the Tesa Supreme Court.

In 2004, Mr. Christmas said he and judge Boasberg were among a few dozen guests invited to the White House to celebrate the wedding of their colleague Justice Cub Kavanaugh, who was then the secretary of the staff of President George W. Bush. Judge Boasberg and the other guests enjoyed a Roseto dinner, an oval tour and an informal chat with the president, recalled Mr. Christmas.

Judge Boasberg engaged in the United States Court of Appeal for the ninth circuit and worked in a private study, where he was briefly a colleague of the judge Neil M. Gorsuch in Kellogg, Huber, Hansen (now Kellogg Hansen) before becoming a federal prosecutor in Washington.

He was appointed to judgments by presidents of both sides, first by President Bush at the Higher Court of the DC in 2002, then to the bench of the Federal District Court by President Barack Obama in 2011, to which he was confirmed the following year with a vote of the Senate of 96-0.

Among the 44 Republican senators who voted in his favor there were Marco Rubio della Florida and Jeff Sessions in Alabama, both of whom would become members of a Trump cabinet. Judge Kavanaugh, who was then judge of federal appeal, administered the oath to the investiture ceremony of judge Boasberg.

In 2014, the supreme judge John G. Roberts Jr. appointed judge Boasberg at the foreign intelligence surveillance court, also known as the Fisa court. It is a sensitive assignment that deals with secret mandates for interceptions and government research. The Supreme Judge Roberts appointed him “Challenge Judge” of the Court in 2020, a position that commissioned him of his administrative issues. Has become Chief judge of the DC district court in 2023.

Judge Boasberg is known as a “feeding judge”, with 17 employees who served in his chambers going to work on the Supreme Court. Five worked for judges appointed by the Republican presidents – three for the head of justice Roberts, one for judge Kavanaugh and one for judge Anthony Kennedy.

Judge Boasberg is “a uniform judge who does what the judges should do, which is simply doing the right thing in any case that precedes him”, said judge Reggie B. Walton, appointed of the republican presidents who have served with him on the district court of Washington and the Court of Fisa.

At the court, judge Boasberg, who is just six and a half feet tall, is a visible and popular figure, often seen walking through the corridors chatting in a deep voice with journalists, security guards and other judges.

“He had a very easy way with the jurors,” said Mrs. Jeffress, who worked with him as a federal prosecutor. “Even if he is tall and dominant, he has a way of building a relationship through his personality.”

Some of the most ardent supporters of Mr. Trump, on the other hand, argue that the deep ties of judge Boasberg with his peers jurists simply illustrate their criticisms of the judiciary as a welcoming club. Judge Boasberg is “a political actor”, said Mike Davis of the project of article III, a conservative judicial defense group.

“The main judge put him on the field FISA and was long -standing friends with other judges,” said Davis, who was instrumental in assistance Confirmation of judge Kavanaugh to the Supreme Court. “He is leaving in front of his skis on this, but we will see if his friends protect him or will follow the Constitution.”

Despite Mr. Trump’s complaints, Judge Boasberg has governed both in favor and against Mr. Trump and his allies in the past.

Weeks before the 2016 elections, judge Boasberg ordered the State Department To process almost 15,000 and -mail from Hillary Clinton, therefore a candidate, for their potential liberation. The following year, he blocked the release of the tax returns of Mr. Trump, decreeing that only him or the congress could force the documents to the eyes of the public.

As a chair judge of the Court of the FISA in 2020, judge Boasberg managed the repercussions from the discoveries of an inspector general that the FBI had mistreated wiretap applications in the Trump-Russia investigation; Him prohibited agents involved by them from working on future wiretap applications and imposed new restrictions on the Bureau.

He also rejected an attempt to block the vice president Mike Pence from the certification of the victory of President Biden on Mr. Trump. That cause “would be laughable if his goal was not so serious”, wrote judge Boasberg, “the mineraling of a democratic election for the President of the United States”.

“Some can consider his opinions as conservatives, and others may see them as liberals, but they are all faithful questions of the law before him,” said David Tatel, a retired judge who was appointed on the bench by President Bill Clinton and served for 29 years at the United States Court of Appeal for the DC circuit.

Judge Boasberg is “nice” and “his behavior is excellent on the bench”, said Tom Fitton, president of the conservative group Judicial Thu that is an explicit supporter of Mr. Trump. But he did not agree that the reputation more hand of the judge was completely deserved. Mr. Fitton observed that judge Boasberg had rulled against His organization when they sued for the release of images that show the Osama Bin Laden corpse.

“He postponed to the government,” said Fitton, of the Bin Laden case. “Here, you have President Trump who makes a proclamation on foreign terrorists present in the United States, in concert with a foreign government, and closes it within a minute.”

The case that deals with the Alien Enemies Act is not the only question of high profile of judge Boasberg. On April 14, the FTC v. Meta Platforms, a successful antitrust case that Mark Zuckerberg, CEO of Meta, it’s lobbying Mr. Trump to fall.

Then there is American Sopio A group chat on the Signal App Where the defense secretary Pete Hegseth and other best officials of the Trump administration accidentally shared sensitive information with Jeffrey Goldberg, chief editor of the Atlantic.

Trump accused the judge of “grabbing the” trump cases “for himself”, but the cases have been assigned through a normal random selection process. During an audition on the sign of the signal, judge Boasberg calmly explained that trial from the bench and did not seem to be amazed. Then He ordered The officials involved to preserve their signal messages.

J. Michael Luttig, a former appeal judge and respected member of the conservative legal movement that has become a critic of Mr. Trump, called attacks on judge Boasberg part of a wider scheme of Trump “trying to browse the judges in submission to his will”.

He contested that judge Boasberg was trying to usurpate the presidential power, as Trump said, but said instead that the judge had issued a series of temporary orders to allow time for further deliberations on the fact that the use of Trump of the Alien Enemies Act is legal.

“This is what the judges do: it is their role par excellence,” said Judge Mourning. “They determine what the law is.”

Charlie Savage Contributed relationships. Sheelagh McNeill Research contribution.



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