Judge Boasberg’s Demands for Testimony
U.S. District Judge James Boasberg has requested that the Justice Department send a key attorney to testify regarding three deportation flights to El Salvador that occurred in March, despite his belief that there were clear orders to halt these flights.
On Monday, Judge Boasberg, appointed by former President Obama, expressed interest in hearing from Erez Reuveni, a former DOJ employee turned whistleblower. Reuveni has alleged that department lawyers discussed disregarding judges’ orders prior to the flights.
The judge is contemplating whether to refer Trump administration officials for prosecution on grounds of criminal contempt. He indicated dissatisfaction with the limited information provided by senior government officials and emphasized the need to hear from Drew Ensign, a Justice Department lawyer involved in the case.
Additionally, Judge Boasberg has requested that the American Civil Liberties Union (ACLU), which challenged the deportation flights, assist in securing Mr. Reuveni’s testimony to clarify the circumstances surrounding these actions.
The judge stated, “The court thus believes that it is necessary to hear witness testimony to better understand the bases of the decision to transfer the deportees out of United States custody in the context of the hearing on March 15, 2025.” He has scheduled Mr. Reuveni’s testimony for December 15 and Mr. Ensign’s for December 16.
The Justice Department opposed in-person testimony and challenged Judge Boasberg to proceed with a contempt case if he deemed it necessary. In recent filings, Homeland Security Secretary Kristi Noem claimed responsibility for proceeding with the flights based on legal advice received.
Several senior government attorneys have stated they provided legal guidance but refrained from elaborating further. The Justice Department argued that calling these lawyers would breach attorney-client privilege and involving Secretary Noem could disrupt separation of powers among branches of government.
The controversy centers around flights carrying Venezuelan migrants allegedly linked to Tren de Aragua and some Salvadorans who were deported on March 15. The Venezuelans were expelled under the Alien Enemies Act, which bypasses standard immigration procedures.
Judge Boasberg had ordered these planes grounded during a hearing; however, two planes had already taken off before his order was issued. The third flight departed after his ruling but was claimed by the Justice Department as compliant with normal immigration law procedures.
The Supreme Court later determined that Judge Boasberg lacked jurisdiction over these flights but acknowledged his concerns regarding potential defiance of his orders.
Mr. Reuveni was dismissed from his position at the DOJ after contradicting government claims related to Kilmar Abrego Garcia’s case. As a whistleblower, he has alleged that Emil Bove, a former personal lawyer for Trump and then-senior DOJ official, suggested ignoring any judicial attempts to obstruct these deportations.
