Particle.news
Download on the App Store

Noem Admits Authorizing El Salvador Transfers Despite Court Order as Judge Probes Contempt

Justice Department says she relied on legal advice, claiming that guidance is privileged.

Overview

  • Homeland Security Secretary Kristi Noem acknowledged in a court filing that she decided to continue transferring detainees to El Salvador despite Judge James Boasberg’s directive to return the planes.
  • Deputy Attorney General Todd Blanche and Emil Bove declined to detail their legal advice to Noem, asserting attorney–client and deliberative privileges in declarations to the court.
  • Justice Department lawyers argued that compelling live testimony from senior officials would be prejudicial and constitutionally improper, saying the court already has enough information to make any referral.
  • Judge Boasberg has restarted a fact-finding inquiry into whether officials defied his order and should face a contempt referral, following appellate rulings that allowed the inquiry to proceed.
  • The dispute stems from March removals under the Alien Enemies Act that sent two flights of mostly Venezuelan detainees to El Salvador’s CECOT prison, a policy now challenged in court by the ACLU.