WASHINGTON (TNND) — On the use of the Alien Enemies Act of 1798 to deport 261 alleged criminals and gang members, there was a full-court press from the White House.

On Sunday, President Donald Trump told reporters, “These were bad people. That was a bad group of, as I say, hombres."

On Monday, White House Deputy Chief of Staff Stephen Miller said, "They are actually foreign terrorists and alien enemies of the United States."

And in an interview with Fox News Monday night, Attorney General Pam Bondi said "Our founding fathers knew exactly where they were doing in it applies to situations like this, Tren de Aragua are a foreign armed -- arm of the Venezuelan government. They are organized, they have a command structure and they have invaded our country. The murdering, they are raping at U.S. citizens and Donald Trump invoked the alien enemies act just like he should and he has gotten rid of them."

But perhaps a more critical question stems from how the action itself was carried out.

Many are now wondering, did the Trump Administration deliberately disobey the orders of a federal judge when he sent the migrants to El Salvador to be housed in a high-security prison there?

The Trump Administration argues the plan was already in motion when the judge's order came down.

"By the time the other order came, the plane was already over international waters," insisted White House Border Czar Tom Homan. "What are you gonna do? Refuel over international waters, and bring terrorists back to the United States?"

The timing of the decision is central to Judge James Boasburg’s directive to Justice Department lawyers to provide in writing, the details of who knew and decided what, when.

Legal experts have pushed back against the notion the writtenorder came too late.

"That's not a thing," said Justin Levitt, a Constitutional Law Professor, with Loyola Law School. "For the executive to say we weren't sure whether you had to write it down or say it or sign it in crayon or put it in quill. When a court issues an order that’s an order."

An order Trump has asserted he doesn’t have to follow. In a post on Truth Social, Trump called on the judge to be impeached.

I’m just doing what the VOTERS wanted me to do. This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!! WE DON’T WANT VICIOUS, VIOLENT, AND DEMENTED CRIMINALS, MANY OF THEM DERANGED MURDERERS, IN OUR COUNTRY. MAKE AMERICA GREAT AGAIN!!!"

The post prompted a rare rebuke from Chief Justice John Roberts, writing in a statement, "Impeachment is not an appropriate response to disagreement concerning a judicial decision." He added, "The normal appellate review process exists for that purpose.”

The behavior by the Executive Branch of government is so rare, that it's caused many people in Washington to wonder what the consequences might be if President Trump did deliberately violate the order.

Levitt said he can be held in contempt but perhaps more effective would be "economic sanctions."

"Courts can order escalating fines so for example, a thousand dollars each day that you don’t comply with my order doubling each day becomes a million dollars by day 11, a billion dollars by day 21," he said.

There are also questions about the role of Congress, which is supposed to provide a check on presidential power, but so far, has chosen not to.