Who’s going to prosecute it? The DOJ certainly isn’t. State prosecutors would be unsuccessful due to the supremacy clause. Congress could appoint a special prosecutor, but then we’re back to political will.
What judges can have prosecuted without the DOJ’s cooperation is contempt of court, and they do have the power to appoint special prosecutors themselves in that case (but not for ordinary crimes like kidnapping).
The state that he was taken in should file charges, the states that he flew over should file charges, the state where he was put on a plane to El Salvador should file charges. Simply the states should charge those involved since the federal doj won’t do it.
As I said in the previous comment, state prosecutors would be unsuccessful due to the supremacy clause. State kidnapping laws cannot punish Federal officials for deporting foreigners in accordance with Federal law, or with a good faith belief that they are enforcing Federal law.
Federal court orders can, of course make a deportation illegal, and did in this case. Still, criminal contempt would only apply to officials who knew about the court order, which has not been alleged with regard to the initial decision to deport Abrego Garcia. There was, however a separate order from judge Boasberg to turn the planes around. As yet unnamed officials who knew about that order and had the ability to carry it out discussed it and decided not to obey. They are guilty of criminal contempt.
