Judge Boasberg to revive contempt proceedings over Alien Enemies Act deportations
A federal judge is planning to revive contempt proceedings against Trump administration officials who disobeyed his order to turn around deportation flights destined for El Salvador.
The proceedings were put on hold for months as the U.S. Court of Appeals for the District of Columbia Circuit mulled the matter. But U.S. District Judge James Boasberg said at a hearing Wednesday that he’s now authorized to move forward after the appeals court cleared the way.
“I believe that justice requires me to move promptly on this,” Boasberg said.
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The move stems from President Trump’s invocation of a wartime law to swiftly deport alleged Venezuelan gang members to a notorious megaprison in El Salvador earlier this year.
Trump first invoked the 1798 Alien Enemies Act in March to remove people the administration accused of being members of Tren de Aragua, a transnational gang that the administration has designated as a terrorist organization.
At a pivotal hearing, Boasberg learned of the deportation flights as they were already in motion and ordered the administration to stop them, kicking off the legal battle that has led to the potential contempt.
The Department of Justice (DOJ) mmediately objected to further contempt proceedings, but Boasberg said he plans to press forward regardless, now that the appeals court has given the green light.
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Boasberg told lawyers for the Venezuelans and DOJ to submit proposals on how to proceed in writing by Monday. However, he said the best next step would seem to be an evidentiary hearing.
He expects to hear from at least two witnesses: former DOJ lawyer Erez Reuveni, a whistleblower fired in April, and DOJ lawyer Drew Ensign.
Reuveni claimed that Emil Bove, then the No. 3 official at DOJ but now a federal appeals court judge, floated defying potential court orders blocking the use of the Alien Enemies Act and said the administration may need to tell the courts “f— you.”
He also referenced Ensign, who previously told Boasberg he was unaware if flights would take off in the next 24 to 48 hours.
“He knows they are being removed,” Reuveni said of Ensign in a text message to a co-worker during the hearing, specifying that he knew “about the flights.” The co-worker agreed and wondered whether Ensign could escape the situation without a sanction.
Boasberg said Reuveni is someone he would “like to hear from.”
“I certainly intend to find out what happened that day,” the judge said.
At the same time, the underlying case challenging Trump’s use of the Alien Enemies Act is still under Boasberg’s review. The deported migrants were released from the Salvadoran megaprison known as CECOT and transferred to Venezuela in a large-scale prisoner swap.
Boasberg’s role in the deportation case has made him a target of President Trump and Republicans, who have called for his impeachment and urged the appeals court to suspend him.
Lee Gelernt, an American Civil Liberties Union lawyer for the Venezuelans, said Wednesday it’s been “hard to reach” the challengers, and even when they can be reached, there is “real fear.” Nonetheless, they “overwhelmingly” wish to proceed with the case, he said.
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