DOJ Tells Judge Boasberg No Contempt Action Is Warranted, ACLU Has No Role

by | Nov 26, 2025

The U.S. Department of Justice responded late Tuesday to Judge Boasberg’s request for next steps in his contempt inquiry, maintaining that the Trump administration did not violate the court’s oral order and arguing that no further action is justified.

 

In the filing, DOJ attorneys said the government followed a reasonable interpretation of the court’s directive and that its actions do not meet the standard for criminal contempt. The dispute centers on a March 15–16 decision not to recall flights that were already in transit and instead transfer detainees out of U.S. custody.

The department also pushed back on the involvement of the plaintiffs, including the ACLU, arguing they have no standing in a criminal contempt proceeding because such matters are meant to protect the authority of the court, not serve private litigants. Under that view, the plaintiffs could only participate as fact witnesses, not as active parties shaping the process.

If Judge Boasberg decides more information is needed, the DOJ asked that it be allowed to provide that material through sworn declarations rather than expanded litigation. The filing was submitted on behalf of President Trump and other federal officials named as defendants.

 

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