Judge Summons DOJ Lawyers for Testimony in Contempt Probe (1)

A federal judge has called for witness testimony about Trump administration actions as he weighs potential contempt findings against officials for potentially violating his order in March to stop deportation flights of Venezuelan migrants under a wartime law.

Chief US District Judge James “Jeb” Boasberg said in a Monday order that a declaration from Homeland Security Secretary Kristi Noem didn’t provide enough information “to determine whether her decision was a willful violation of the Court’s Order.”

He said that he can’t “at this juncture find probable cause that her actions constituted criminal contempt” and that a referral for prosecution “would be premature.”

Boasberg said he needs to hear witness testimony about the actions of administration officials to transfer the custody of the migrants from US custody to El Salvador on March 15. He instructed the department to make the Justice Department lawyer who initially argued the case before him, Drew Ensign, available for testimony on Dec. 16.

He also said attorneys for the migrants should try to secure Erez Reuveni, a former DOJ attorney who filed a whistleblower complaint tied to the case, for testimony on Dec. 15.

A Justice Department spokesperson declined to comment.

Boasberg’s order follows Trump administration officials’ declarations about their actions in the case. The documents provided few details about their roles in declining to turn planes around as Boasberg presided over a challenge to the deportations under the Alien Enemies Act.

Noem said in a one-page declaration that she “made the decision” to complete the transfer of the migrants to El Salvador after she received legal advice from the Department of Homeland Security’s chief counsel. She said that attorney shared guidance from Justice Department leadership.

A declarationby Judge Emil Bove of the US Court of Appeals for the Third Circuit made public Monday said he gave “privileged legal advice” as a Trump administration official on the Justice Department’s decision to move forward with transferring Venezuelan migrants to El Salvador’s custody despite the court order.

Bove, who was a top official at DOJ, said he was aware of the court case and Boasberg’s statements on March 15. He said he evaluated those materials and was one of the people who contributed to the legal advice given to Noem on the transfer of custody for the detained migrants under the Alien Enemies Act.

He said that the Justice Department hadn’t authorized him to share privileged information in the declaration.

Reuveni, the whistleblower who Boasberg has called to testify, alleged that Bove told government lawyers to ignore court rulings over deportations under the wartime law. Bove denied those claims.

Bove left DOJ in late August after being confirmed to the Third Circuit.

J.G.G. et al v. Trump et al, D.D.C., No. 1:25-cv-00766, order 12/8/25.