Bove Cites Legal Shield in Sharing Little on Removal Flights

Third Circuit Judge Emil Bove said that 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 a court order to stop the removal flights.

Bove provided the information in a declaration made public Monday, as Chief US District Judge James “Jeb” Boasberg weighs whether to hold Trump administration officials in contempt in the case.

Bove 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 Homeland Security Secretary Kristi Noem on the transfer of custody for the detained migrants under a wartime law.

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

Bove left DOJ in late August after being confirmed to the US Court of Appeals for the Third Circuit.

The declaration, dated Dec. 5, echoes those submitted Dec. 5 by other Trump administration officials in providing few details about their roles in declining to turn the 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.

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