Federal Appeals Court Involved
The Trump administration has urgently approached a federal appeals court, requesting intervention to stop Judge James Boasberg’s inquiry into whether Homeland Security Secretary Kristi Noem should be subjected to a criminal contempt investigation regarding contentious deportation flights.
Lawyers from the Justice Department argue that Judge Boasberg is disrupting the balance of power among government branches by conducting in-person hearings on Monday and Tuesday. These hearings aim to clarify events from March 15, when Ms. Noem proceeded with three deportation flights to El Salvador despite the judge’s orders.
Judge Boasberg plans to hear testimony from a former Justice Department lawyer who has become a whistleblower, as well as insights from a current department lawyer.
Tiberius Davis, another DOJ attorney, expressed concerns that the judge’s actions infringe upon attorney-client privilege during arguments presented to the U.S. Circuit Court of Appeals for the District of Columbia.
Davis urged the court to act swiftly to prevent an unnecessary ‘constitutional confrontation’ between the executive and judicial branches in his brief submitted for consideration.
The controversy centers around flights carrying Venezuelan migrants alleged to be affiliated with Tren de Aragua, along with some Salvadorans, who were deported on March 15 under the Alien Enemies Act—a legal shortcut bypassing standard immigration procedures.
Among those deported was Kilmar Abrego Garcia. On that day, Judge Boasberg had ordered that these planes be grounded; however, two had already taken off before his directive. The third flight departed after his ruling, but according to the Justice Department, all passengers were being deported under standard immigration law and thus not subject to the judge’s order concerning the Alien Enemies Act.
The Supreme Court later determined that Judge Boasberg lacked jurisdiction over these flights. Nevertheless, he maintains concern over what he perceives as intentional defiance of his orders.
This belief is bolstered by allegations from Erez Reuveni, a recently dismissed Justice Department lawyer who claimed he participated in discussions where senior officials plotted to disregard any judicial attempts to ground these flights.
Reuveni is expected to testify on Monday. Additionally, Judge Boasberg has indicated he wishes to hear from Drew Ensign, who represented Ms. Noem and her department during the events of March 15. Ensign has submitted a declaration asserting that his role was limited to providing legal advice protected by attorney-client privilege.
Noem herself has filed a declaration stating she made decisions based on legal counsel received. The government opposes her testimony, citing potential violations of separation of powers principles.
