Lawyers for the Trump administration moved this week to halt a revived contempt investigation led by U.S. District Judge James Boasberg, asking the court to cancel two upcoming witness appearances or allow the administration to block testimony citing executive privilege.
In filings, Justice Department attorneys argued the court is overstepping its authority, stating that “criminal contempt is a criminal offense, and the investigation and prosecution of crimes is [a] core executive power reserved to the Executive Branch.”
The inquiry focuses on whether senior Trump officials willfully defied Boasberg’s March order attempting to temporarily block the administration’s use of the 18th-century Alien Enemies Act to deport hundreds of Venezuelan immigrants to El Salvador.
Boasberg scheduled testimony from Drew Ensign, the DOJ’s deputy assistant attorney general, and former Justice Department lawyer Erez Reuveni, who has publicly accused the administration of ignoring court orders, including in this case. The judge said the testimony is necessary “to better understand the basis of the decision to transfer the deportees out of United States custody in the context of the hearing on March 15, 2025.”
The inquiry was revived after the D.C. Circuit vacated an earlier ruling and returned the matter to Boasberg. The administration told the court it plans to challenge the proceedings, requesting a protective order for privileged information, limiting testimony scope, and preventing plaintiff participation.
