Strict Scrutiny Podcast Summary

Episode Title: Are Trump Administration Officials in Criminal Contempt? Release Date: April 21, 2025 Host/Authors: Leah Littman, Kate Shaw, Melissa Murray (Crooked Media)

Introduction to the Case

In this gripping episode of Strict Scrutiny, constitutional law experts Leah Littman, Kate Shaw, and Melissa Murray delve deep into the controversial actions of the Trump administration concerning the use of the Alien Enemies Act. The focus centers on the wrongful rendition of Kilmar Abrego Garcia, a U.S. resident erroneously deported to an El Salvadoran mega-prison due to a "paperwork error."

Supreme Court's Unanimous Decision

Leah Littman begins by outlining the Supreme Court's unanimous decision requiring the administration to facilitate Garcia’s return to the United States. The Court asserted that while the judiciary cannot dictate foreign policy, it holds the authority to correct legal wrongs.

Leah Littman [02:10]: "So the Supreme Court, in a unanimous decision, ordered the administration to facilitate Abrego Garcia's return. There were no noted dissents."

Judge Boasberg’s Ruling and Contempt Proceedings

The conversation shifts to Judge Boasberg, the district court judge who presided over the initial lawsuit. Frustrated by the administration’s non-compliance, Judge Boasberg threatened criminal contempt proceedings.

Judge Boasberg [07:21]: "Excuse you the fuck you think you're talking to."

Leah highlights Boasberg's stern stance, emphasizing his commitment to upholding constitutional norms despite anticipated resistance from the administration.

Leah Littman [08:42]: "He is rising to the moment... acting as though the constitution and the law still matter."

The Administration’s Response

Melissa Murray discusses the administration's attempts to defy the Supreme Court's order through "magical thinking," claiming misinterpretation of the Court's directives.

Kate Shaw [05:55]: "Peewee German... alchemized defeat into victory."

Despite Boasberg’s clear orders, the administration's response has been evasive and defiant, leading to heightened tensions between the judiciary and the executive branch.

Senator Van Hollen’s Intervention

Kate Shaw lauds Senator Chris Van Hollen's proactive efforts to secure Garcia’s release, showcasing a beacon of hope amidst the legal turmoil.

Kate Shaw [21:55]: "Senator Van Hollen... refused to leave until Van Hollen saw him."

Their relentless advocacy pressured El Salvador's President Bukele to concede, resulting in Garcia’s release and highlighting the power of moral clarity and sustained public pressure.

Broader Implications and Due Process

The hosts emphasize the critical importance of due process, noting sloppy administration practices such as misspelling Garcia’s name and inadvertently sending deportation notices to U.S. citizens.

Kate Shaw [16:49]: "The administration is mistakenly sending deportation notices to citizens."

Leah Littman underscores the universal applicability of due process protections, regardless of one's immigration status, and criticizes Vice President JD Vance's stance against it.

Leah Littman [18:13]: "Due process is expensively inconvenient, so dispense with it."

Criminal Contempt and Legal Challenges

The discussion moves to the potential outcomes of Boasberg's contempt ruling, including the possibility of appointing an outside prosecutor or the president exercising his pardon power, referencing historical instances like the pardon of Joe Arpaio.

Kate Shaw [11:48]: "Criminal contempt of federal court orders is a pardonable offense."

The hosts debate the constitutionality of appointing outside prosecutors and the implications of presidential pardons in such contexts.

Supreme Court’s Partial Intervention

Kate Shaw reports on the Supreme Court’s recent involvement in restricting the administration from implementing wide-reaching deportation policies without due process, despite dissenting opinions from Justices Thomas and Alito.

Kate Shaw [29:10]: "The Supreme Court's order is actually encouraging... maybe the court is recognizing that these guys in the Trump administration aren't totally on the up and up."

Additional Legal Developments

The episode also touches on other significant legal battles, including:

• Harvard’s Stand Against Administration Pressure: Harvard University refuses to comply with the Trump administration's demands to limit academic freedoms, setting a precedent for institutional resistance.

• North Carolina’s Election Litigation: Ongoing lawsuits challenge election results using dubious legal theories, further straining the judiciary’s role in upholding democratic processes.

• Birthright Citizenship Challenges: The Supreme Court is scheduled to hear cases questioning the administration's attempts to strip birthright citizenship, with implications for constitutional interpretations of citizenship and executive power.

Kate Shaw [38:50]: "It is a big deal... the relationship between redressability and causation."

Conclusion and Forward Look

Leah Littman wraps up by reflecting on the judiciary's crucial role in maintaining constitutional integrity against executive overreach. The hosts express cautious optimism that sustained legal challenges and public pressure can uphold due process and protect individual rights.

Leah Littman [42:35]: "You can’t win if you don’t fight. And if you fight, you sometimes win."

They also highlight upcoming cases and the continued struggle to balance executive power with judicial oversight, urging listeners to stay informed and engaged.

Notable Quotes:

• Judge Boasberg [07:21]: "Excuse you the fuck you think you're talking to."
• Leah Littman [08:42]: "He is rising to the moment... acting as though the constitution and the law still matter."
• Kate Shaw [05:55]: "Peewee German... alchemized defeat into victory."
• Leah Littman [18:13]: "Due process is expensively inconvenient, so dispense with it."
• Kate Shaw [29:10]: "The Supreme Court's order is actually encouraging... maybe the court is recognizing that these guys in the Trump administration aren't totally on the up and up."

This episode of Strict Scrutiny offers a compelling analysis of the ongoing legal battles between the Trump administration and the judiciary, highlighting the critical importance of due process and the rule of law in maintaining democratic integrity.