Lawyers representing the Trump administration are attempting to pause an ongoing contempt investigation led by U.S. District Judge James Boasberg. They filed a motion arguing that the court should either stop the questioning of two scheduled witnesses for next week or allow the administration to invoke “executive privilege” to block their testimonies.
This week, Justice Department attorneys stated in a filing that the court has overstepped its authority. They claim, “Initially, the court’s investigation exceeded its authority and now violates the privileges of comparable branches,” emphasizing that the power to investigate criminal contempt lies with the executive branch.
The core allegations are part of a renewed contempt investigation that highlights the ongoing tensions between the Trump administration and Judge Boasberg, who previously triggered frustration from Trump when he sought to temporarily stop the administration from using the Hostile Alien Act to deport Venezuelan immigrants to El Salvador back in March.
Recently, Boasberg summoned two officials from the Justice Department who played significant roles in the deportation efforts. This action comes despite a temporary restraining order aimed at blocking the use of the Hostile Alien Act for 14 days. The court is examining whether senior officials from the Trump administration intentionally disregarded this order.
Specifically, he directed Assistant Attorney General Drew Ensign to appear for questioning and cross-examination on Monday, responding to concerns from lawyers representing deported Venezuelan immigrants. Boasberg has also ordered Erez Lubeni, a former Justice Department attorney, to give testimony the following day. Lubeni, after separating from the Justice Department, has publicly alleged that the administration overlooked court orders in this instance.
Boasberg expressed the need to hear testimonies related to a March 15 hearing to better grasp the reasons behind the deportation decisions. He noted that understanding these events is crucial for addressing the current investigation. The inquiry was revived after a ruling from the D.C. Circuit sent the matter back to Boasberg, leading to new revelations about the government’s actions regarding the March flights, with more information anticipated soon.
Nonetheless, court filings reveal that the Trump administration intends to oppose these developments vigorously. They’ve requested that, if the court moves forward with testimony, it should issue a confidentiality order for privileged information, allow defendants to pursue appeals ahead of testimony, and limit the topics discussed.
In the last month, officials have identified Secretary of Homeland Security Kristi Noem as the key figure who approved the deportation decision after consulting with Justice Department and DHS legal counsel. Recently, Boasberg remarked that it was “premature” to refer anyone for prosecution under this renewed contempt investigation and hesitated to compel Noem to testify at this point.
Noem stated that her decision was guided by legal advice from the Justice Department attorney and DHS counsel. The controversy surrounding this case has drawn criticism from some Republicans and Trump himself, who has labeled Boasberg an “activist judge” due to his handling of the Alien Enemy Act case and ensuing investigations.
Judge Boasberg seems largely unaffected by the backlash. He mentioned that this matter has been neglected for a significant time and that he feels justice necessitates swift action. “The government can support me to the extent it wants,” he added.
