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特朗普政府未遵守半数法院禁令,法官严厉批评

Trump Administration Flouting Judges' Orders & Meta Trial | Bloomberg Law

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涉及行政权与司法权的实质性冲突,直接影响政策执行确定性。建议关注地缘政治风险溢价及监管套利机会。

This is Bloomberg Law with June Graasso from Bloomberg Radio.

这里是彭博法律,我是来自彭博广播的朱恩·格拉索。

The Trump administration is not following all court orders, and that's according to federal judges. The judges are fielding more requests to force the administration to comply with their rulings against the federal government than in any other administration, including the first Trump administration. One of the earliest cases, was when the chief DC judge in March of 2025 ordered the administration to turn back planes flying Venezuelan migrants to a prison in El Salvador, and the administration failed to do so.

特朗普政府并未遵守所有法院命令,这是联邦法官们的说法。法官们收到的要求强制该政府遵守其针对联邦政府的裁决的请求数量,超过了包括特朗普第一届政府在内的任何其他政府时期。其中一个最早的案例发生在2025年3月,当时华盛顿特区的首席法官下令政府阻止将委内瑞拉移民遣返至萨尔瓦多监狱的航班,但政府未能执行这一命令。

Now, a study by Bloomberg Law shows that judges have found the administration has failed to comply with their orders in more than half of the 25 cases identified regarding preliminary injunctions. Joining me is Bloomberg Law reporter Suzanne Manac, who's done the research and crunched the numbers. Normally, a judge issues an order and the parties comply with the order. What's been happening in several cases with orders issued against the federal government?

现在,彭博法律的一项研究显示,在已确定的25起涉及初步禁令的案件中,法官发现政府未能遵守其命令的比例超过一半。与我一起讨论的是彭博法律的记者苏珊娜·马纳克,她进行了这项研究并分析了数据。通常情况下,法官发布命令后各方会遵守。但在几起针对联邦政府发布的命令案件中,究竟发生了什么?

We've seen some recent examples where the Trump administration has been at least accused of and in some cases found of not fully complying with these court orders. I've tracked two dozen examples at least of times when initial preliminary injunction orders issued early in a case were not fully followed or at least the challengers alleged that they were not being fully followed by the government under this administration alone.

我们最近看到一些例子,特朗普政府至少被指控在某些情况下被发现未完全遵守这些法院命令。我追踪了至少两打这样的实例,即在案件早期发出的初步禁令命令未被完全遵循,或者至少挑战者声称在当前政府下未被完全遵循。

What kind of cases are we talking about?

我们谈论的是什么样的案件?

All different types of cases against the government. We've seen them in big cases over USAD funding cuts, the dismantling of international broadcaster Voice of America, other big cases across the country where there were early preliminary injunction orders granted against the administration telling them to stop doing something. And then we saw the challengers come back into court and claimed the administration wasn't fully following that order.

各种类型的针对政府的案件。我们在涉及美国国际开发署(USAID)资金削减、解散国际广播机构美国之音等重大案件中看到了这种情况,在全国各地的其他重大案件中,也出现了针对政府发出的早期初步禁令命令,要求他们停止某些行为。然后我们看到挑战者再次进入法庭,声称政府未完全遵守该命令。

And in about half of those 25 instances, the judge agreed, at least in part,

在这25个实例中,大约有一半的情况下,法官至少在部分问题上表示同意。

there was a scathing opinion by a Reagan appointee in the Voice of America case. And in another case, a senior DC federal judge said that the defense department's actions flout the court's explicit directives. So, these federal judges are not beating around the bush. How upset are the judges about this failure to comply with their explicit orders? in some cases pretty upset and obviously when it comes to judges sometimes they're upset and they still write a pretty boring opinion.

在“美国之音”案中,有一位里根任命的法官发表了尖刻的评论。而在另一案件中,一位资深华盛顿特区联邦法官表示,国防部的行为公然无视法院的明确指令。因此,这些联邦法官并没有拐弯抹角。他们对未能遵守其明确命令感到多么不满?在某些情况下,他们相当不满,而且显然,当涉及法官时,有时他们会表达不满,但仍会撰写一篇相当枯燥的意见书。

Um so it's hard to always know but yes as you mentioned in a couple of examples the judges did in fact let us know that they weren't happy with the government's conduct. In that one instance you mentioned Judge Lambert a Reagan appointee in DC when he was handling the Voice of America case said that he thought the government was quote in violation of even the most meager reading end quote of his court order. So definitely not pleased.

嗯,所以很难总是确切知道,但正如你提到的几个例子所示,法官们确实让我们知道他们对政府的行为不满意。在你提到的那个案例中,里根任命的华盛顿特区法官兰伯特(Lambert)在处理“美国之音”案时表示,他认为政府“即使按照最宽松的理解”,也违反了其法庭命令。所以肯定是不高兴的。

Um, we've also seen plenty of orders where the judge is kind of very matterof factly is like, I don't see the government as having fully complied with this order. These are inconsistent. You know, you need to do this differently if you want to be in compliance with my order.

嗯,我们还见过许多判决书,其中法官非常实事求是地表示,我认为政府并未完全遵守该命令。这些做法不一致。你知道,如果你想符合我的命令要求,你需要以不同方式行事。

A few judges wanted to take things further or did take things further. So, in Minnesota, you had the chief judge finding that ICE violated court orders in dozens of immigration cases. And then there was a federal judge who held a government lawyer in civil contempt, though that didn't last long. Tell us about that.

一些法官希望采取更进一步措施,或者确实采取了更进一步措施。例如,在明尼苏达州,首席法官发现移民和海关执法局(ICE)在数十起移民案件中违反了法院命令。此外,还有一位联邦法官对一名政府律师处以民事藐视法庭罪,尽管这一处罚持续时间不长。请告诉我们详情。

Yes, in this story, I was tracking motions to enforce preliminary injunctions, but there have been a lot of different types of motions filed uh to force compliance with court orders against this administration. And in that one example you mentioned, we saw a Minnesota federal judge actually held a government lawyer briefly in civil contempt of court for not correctly facilitating the release of a detained immigrant. he was released in the wrong state without his property and it came out that the lawyer hadn't forwarded the court's order to ICE on time.

是的,在这篇报道中,我一直在追踪关于执行初步禁令的动议,但已提交了许多不同类型的动议,旨在迫使本届政府遵守法院命令。在你提到的那个例子中,我们看到一位明尼苏达联邦法官曾短暂地对一名政府律师处以民事藐视法庭罪,原因是该律师未能正确协助释放一名被拘留的移民。该移民被错误地释放到另一个州,且未归还其财产,随后查明该律师未及时将法院命令转交给移民和海关执法局(ICE)。

Um so there was just a full breakdown in communication. The lawyer actually, you know, did apologize and said she's been really overwhelmed, but the judge had ordered essentially a financial penalty for every day that the detained immigrant, you know, was not with his property. And the government did remedy it very quickly. I I don't believe the government lawyer who was um acting in the capacity of representing ICE did actually end up having to pay anything personally, but it was a pretty significant sanction to see against the government.

嗯,所以沟通完全破裂了。那位律师实际上确实道了歉,并表示她当时真的忙得不可开交,但法官下令,对于被拘留的移民未能与其财产在一起的天数,每天都要处以经济处罚。政府很快进行了补救。我不认为当时以代表美国移民和海关执法局(ICE)身份行事的那位政府律师最终需要个人支付任何费用,但这确实是对政府施加的一项相当严厉的制裁。

So in these cases, the government is giving instructions about what the court said and what the agency is supposed to do. Do you know is it a lot of times that the government lawyers are screwing up or that the agency is just not complying?

所以在这些案件中,政府是在传达法院说了什么以及机构应该做什么。你知道,很多时候是政府律师搞砸了,还是机构根本没有遵守规定?

I think it's a mix. Um, in the case I just mentioned in Minnesota, um, that was a case where there was definitely seemed to be an overwhelmed lawyer for the government, uh, who was dealing with a lot of these immigration detention challenges known as habius cases. But certainly, I think there may be instances where it is, you know, the agency and we've seen the um, government actually like in that Minnesota case say like, look, we can't always be responsible for what the agency does.

我认为这是两者的混合。嗯,在我刚才提到的明尼苏达州的案例中,显然有一位不堪重负的政府律师,他正在处理许多被称为人身保护令(habeas)案件的移民拘留挑战。但当然,我认为在某些情况下,确实是机构和政府——就像我们在明尼苏达州那个案例中看到的那样——会说,比如,看,我们不能总是为机构的行为负责。

The Justice Department of course represents federal agencies in court. And so, you know, that's really kind of an interesting question as we see some of these compliance issues come up in cases. To what extent is the Justice Department responsible for a federal agency not fully following a court order or interpreting it too narrowly and and you know, not fully complying in the full spirit of the order. Um, I think that's an interesting question and one that we've seen come up already.

司法部当然在法庭上代表联邦机构。因此,当我们看到一些合规问题在案件中出现时,这确实是一个有趣的问题:在多大程度上,司法部要对联邦机构未完全遵循法院命令、或对其解释过于狭窄、且未在命令的完整精神下完全合规负责?嗯,我认为这是一个有趣的问题,而且我们已经看到它已经出现过了。

One of the first and probably still most famous cases is where the chief judge in DC, Judge Booseberg, ordered the government when they were sending Venezuelan immigrants to prisons in El Salvador to turn the planes around and they didn't. And he he wanted to have a criminal contempt investigation. But what happened? the DC circuit uh ruled against him on that issue um and you know blocked a hearing from being held. Proceedings are still pending on that issue.

最早且可能至今仍最著名的案例之一是,华盛顿特区的首席法官布斯伯格法官(Judge Booseberg)下令,当政府将委内瑞拉移民送往萨尔瓦多的监狱时,必须让飞机掉头,但他们没有照做。他想要进行刑事藐视法庭的调查。但结果如何?哥伦比亚特区巡回上诉法院在该问题上裁定反对他,并阻止了听证会的举行。关于该问题的诉讼程序仍在进行中。

Um but yes, that was probably one of the most famous issues of court compliance that have happened in this administration and it happened so early. Um kind of set the tone perhaps for some of the issues to come. Um and in that case we were talking about criminal contempt which is a different form of contempt than we were discussing with the Minnesota lawyer that was civil contempt. So quite a bit more serious. I mean, particularly it's noticeable in the immigration cases to me, but is it a reflection of the Trump administration sort of flexing or trying to flex its executive power or is it something else?

嗯,但确实,这很可能是本届政府期间最著名的法院合规问题之一,而且发生得非常早。嗯,也许为后续的一些问题定下了基调。嗯,在这种情况下,我们讨论的是刑事藐视法庭罪,这与我们之前与明尼苏达州律师讨论的民事藐视法庭罪不同。因此严重得多。我的意思是,特别是在移民案件中,这一点对我来说尤为明显,但这是否反映了特朗普政府试图展示或炫耀其行政权力,还是另有原因?

Certainly, it depends who you ask. Um, I think that it is fair to say that when we're seeing this many motions to force compliance of court orders, more motions to enforce preliminary orders, but also some of the other ones you've talked about to compel compliance to consider contempt, that does probably show that we're dealing with an executive branch that is, you know, maybe interpreting court orders in a new way or really, you know, drawing more of this litigation as well.

当然,这取决于你问谁。嗯,我认为可以说,当我们看到这么多强制遵守法院命令的动议、更多执行初步命令的动议,以及你们提到的其他一些要求考虑藐视法庭以强制合规的动议时,这确实可能表明我们正在应对一个行政部门,它可能在以一种新的方式解释法院命令,或者真的在更多地卷入此类诉讼。

Like it's also partly, you know, a bit of a numbers game. To be clear, the majority of cases we're not seeing these compliance orders. It is still a small share of them. It's just a significantly higher share than we've seen involving the government in administrations past. The Department of Justice did respond to our reporting and they blamed really more the the plaintiffs. You know, they said this is not a pattern of non-compliance on our part.

就像这也是部分地,你知道,有点像一个数字游戏。要明确的是,在大多数案件中,我们并没有看到这些合规命令。它们仍然只占一小部分。只是涉及政府的比例显著高于过去历届政府所见的比例。司法部确实回应了我们的报道,他们将责任主要归咎于原告。他们说,这并不是我们方面不合规的模式。

Like our DOJ lawyers work closely with the agencies to make sure they'r

就像我们的司法部律师与各机构紧密合作,以确保他们

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