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Justice Department Moves to Stop Boasberg Contempt Probe and Disqualify Judge Ahead of Testimony

The emergency appeal asks the D.C. Circuit to halt planned witness examinations tied to a probe of March deportation flights carried out under the Alien Enemies Act.

Overview

  • The department urged the D.C. Circuit to block Chief Judge James Boasberg’s revived contempt inquiry and to remove him from the case, alleging bias and separation‑of‑powers concerns.
  • Boasberg has set testimony for former DOJ attorney and whistleblower Erez Reuveni on Monday and Deputy Assistant Attorney General Drew Ensign on Tuesday.
  • Prosecutors argued the court’s inquiry exceeds judicial authority, invoked executive privilege to limit questioning, and asserted that criminal contempt investigations are core executive functions.
  • The fact‑finding centers on whether Trump administration officials defied Boasberg’s March directives as planes carrying Venezuelan migrants were transferred to El Salvador under the Alien Enemies Act.
  • DOJ filings have identified DHS Secretary Kristi Noem as authorizing the transfers, and she has said she relied on advice from Justice Department and DHS counsel.