Mark Osler, a professor at the University of St. Thomas School of Law, spoke to Forbes about a judge ruling that Trump officials likely committed criminal contempt by flying migrants to El Salvador despite a court order forbidding it.
From the story:
Federal law states contempt charges should be prosecuted by the government, “unless the interest of justice requires the appointment of another attorney.” That means if the government refuses to prosecute someone – as the Trump administration likely would – the court would then appoint a different attorney to prosecute the contempt charges.
Doing so would be “relatively novel at a trial court in a criminal case,” Mark Osler, a former federal prosecutor and professor at University of St. Thomas School of Law, told Forbes, noting the more common scenario is private attorneys taking over for the DOJ in civil cases they withdraw from in appeals courts. Boasberg noted in his ruling Wednesday he would appoint an outside prosecutor should the Trump administration refuse.
