U.S. District Judge James Boasberg has expanded his criminal contempt inquiry into mid-March deportations to El Salvador under the Alien Enemies Act, ordering testimony from two Justice Department attorneys after finding a sworn declaration from DHS Secretary Kristi Noem, who made the decision to allow the transfers, ‘insufficient.’
Boasberg wrote: “As this declaration does not provide enough information for the Court to determine whether her decision was a willful violation of the Court’s Order, the Court cannot at this juncture find probable cause that her actions constituted criminal contempt.” He added: “The Court thus believes that it is necessary to hear witness testimony to better understand the bases of the decision to transfer the deportees out of United States custody.”
The judge ordered DOJ attorney Drew Ensign, who conveyed the court’s orders during the original proceedings, and former DOJ lawyer Erez Reuveni, a whistleblower alleging officials discussed ignoring court orders, to testify next week. The probe concerns deportation flights that continued despite Boasberg’s mid-March order to halt them and turn planes around.
