Homeland Security Secretary Kristi Noem has been a focal point in a legal battle that has been ongoing for months, as the Department of Justice (DOJ) disclosed that she authorized the Trump administration’s deportation of more than 300 Venezuelan migrants to El Salvador, despite an emergency court order issued by Judge James Boasberg. This move has intensified the legal controversy surrounding the issue of contempt of court, as well as the potential for further legal repercussions for those involved in the decision-making process.
Boasberg, who has been presiding over the contempt inquiry, was seeking to prevent the Trump administration from using the 18th-century Alien Enemies Act to deport Venezuelan nationals. However, the deportations proceeded despite the court’s order, with the migrants being flown to El Salvador just hours after the order was issued. This has raised significant questions about the legality of the government’s actions and the potential for criminal contempt charges.
The DOJ’s newly submitted declaration has provided new insights into the government’s actions from nine months ago, including Noem’s involvement and the roles of other senior administration officials. According to the filing, two senior DOJ officials, Todd Blanche and Emil Bove, provided legal advice to the Department of Homeland Security (DHS) regarding the deportation flights that had already left the U.S. when Boasberg issued his emergency order. They also relayed Boasberg’s oral order that all flights be ‘immediately’ returned to U.S. soil, according to the filing.
Boasberg has indicated that he intends to move quickly on the contempt inquiry, ordering parties to submit proposed witness lists and deadlines for testimony. The inclusion of witnesses like Erez Reuveni and Drew Ensign could potentially provide critical evidence in determining whether the Trump officials willfully defied the court’s order. The government, as noted, is likely to resist any efforts to compel testimony from senior officials, who have made it clear that they do not believe the court should be considering the issue at all.
The legal battle has not only attracted the attention of the Department of Justice but also the scrutiny of the Trump administration, which has consistently criticized Boasberg as an ‘activist judge’ for his role in the Alien Enemies Act case. The administration’s resistance to the contempt inquiry has raised further questions about the potential for political and legal tensions as the situation continues to unfold.