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Judge to proceed with contempt probe after US flew migrants to El Salvador prison in March

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WASHINGTON (AP) – A federal judge Wednesday asked attorneys to identify witnesses and offer plans for how to conduct a contempt probe of the Trump administration for failing to turn around planes carrying Venezuelan migrants to El Salvador in March.

U.S. District Judge James Boasberg in Washington said a ruling Friday by the U.S. Court of Appeals for the District of Columbia Circuit gave him the authority to proceed with the inquiry, which will determine whether there is sufficient evidence to refer the matter for prosecution.

On March 15, Boasberg ordered the aircraft carrying accused gang members to return to the U.S., but they landed instead in El Salvador, where the migrants were held at a notorious prison.

“I am authorized to proceed just as I intended to do in April seven months ago,” the judge said during a hearing Wednesday. He added later, “I certainly intend to find out what happened on that day.”

Boasberg said having witnesses testify under oath appeared to be the best way to conduct the contempt probe, but he also suggested the government could provide written declarations to explain who gave orders to “defy” his ruling. He said he wanted to start any hearings Dec. 1.

The Trump administration has denied any violation, saying the judge’s directive to return the planes was made verbally in court but not included in his written order. U.S. Justice Department attorney Tiberius Davis told Boasberg the government objected to further contempt proceedings.

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