Overview
- Chief Judge James Boasberg ordered whistleblower Erez Reuveni to testify on Dec. 15 and Deputy Assistant Attorney General Drew Ensign on Dec. 16 to address the decision-making around the March 15 deportation flights.
- Boasberg deemed Homeland Security Secretary Kristi Noem’s sworn account too cursory and said a criminal referral would be premature without live testimony clarifying whether her actions were a willful violation.
- The Justice Department has argued the judge’s instruction to return the planes was delivered orally and not reflected in the written order, while also acknowledging Ensign promptly conveyed the court’s directives to DHS and DOJ leadership.
- Noem said she chose not to return the planes after receiving privileged legal advice from DHS’s acting general counsel and senior DOJ leaders, and former senior DOJ official Emil Bove filed a declaration stating he contributed to that advice.
- The D.C. Circuit previously paused the contempt proceedings but recently allowed Boasberg to resume fact-finding, as the court examines whistleblower claims that officials contemplated ignoring judicial orders under the Alien Enemies Act removals to El Salvador.