Boasberg orders Dec. 5 declarations in contempt probe over El Salvador flights; DOJ details Noem decision chain
Citing a D.C. Circuit opinion, Judge James Boasberg ordered all officials involved in the mid‑March deportation flights to submit sworn declarations by Dec. 5 as he resumes a contempt investigation into why planes carrying Venezuelan detainees were transferred to El Salvador rather than being returned after his oral “turn around” directive. DOJ filings say DHS Secretary Kristi Noem made the final decision to allow the transfers after legal advice from Deputy AG Todd Blanche and Principal Associate DAG Emil Bove conveyed through Acting DHS General Counsel Joseph Mazzara, argue the oral directive was nonbinding and therefore no violation occurred, and oppose live testimony even as plaintiffs seek witnesses including whistleblower Erez Reuveni.
📌 Key Facts
- An 8–3 D.C. Circuit opinion left in place the block on Judge James Boasberg’s April contempt order but affirmed his authority to continue investigating the March deportation flights to El Salvador; the joint opinion emphasized that “judicial orders are not suggestions” and described the district court’s response as measured.
- Boasberg ordered sworn declarations from all officials involved in not returning the March 15 flights by Dec. 5, instructed parties to identify witnesses and propose procedures by the coming Monday, said he aims to start hearings Dec. 1, and will decide after the declarations whether to take witness testimony or refer individuals for potential contempt prosecution.
- DOJ filings say DHS Secretary Kristi Noem made the final decision to transfer AEA detainees to Salvadoran custody after Boasberg’s oral mid‑air “turn around” directive, and identify a chain of communication in which DOJ officials (Deputy Attorney General Todd Blanche and Principal Associate DAG Emil Bove) provided legal advice that was relayed via Acting DHS General Counsel Joseph Mazzara (with DOJ official Drew Ensign also involved in conveying the rulings).
- The government argues Boasberg’s oral directive was nonbinding because it was delivered in court and not reflected in the written order, notes that two planes were already outside U.S. territory when the directive was issued, contends its actions were lawful and a reasonable interpretation of the written order, and asks the court that no live testimony is warranted at this time.
- Plaintiffs are seeking testimony from up to nine senior Trump administration officials — specifically naming Emil Bove and whistleblower former DOJ attorney Erez Reuveni — and Boasberg has floated calling Reuveni, who has alleged senior officials suggested ignoring court orders and has said DOJ should not have deported Kilmar Abrego Garcia.
- More than 200 Venezuelan migrants were on the flights that proceeded to El Salvador and were transferred to the CECOT prison; advocates say the detainees suffered harm there, and some were later returned to Venezuela in a prisoner swap.
- Boasberg pointed to public statements by Secretary of State Marco Rubio and Salvadoran President Nayib Bukele as evidence suggesting possible deliberate defiance of the court’s order, a point informing the contempt inquiry.
📊 Relevant Data
In 2023, 17 percent of Venezuelan immigrants in the United States were in poverty, compared to 14 percent of all immigrants and 12 percent of the U.S.-born population; this disparity may be related to 59 percent of Venezuelan immigrants ages 5 and over reporting limited English proficiency, compared to 47 percent of all immigrants.
Venezuelan Immigrants in the United States — Migration Policy Institute
As of 2023, approximately 770,000 Venezuelan immigrants lived in the United States, with 74 percent having arrived since 2010.
Venezuelan Immigrants in the United States — Migration Policy Institute
Homeland Security records reveal that more than half of the 238 Venezuelans deported to El Salvador in March 2025 had no criminal record in the U.S.
Trump admin knew most deported Venezuelans had no U.S. criminal convictions before sending them to El Salvador prison — Texas Tribune
In a November 2025 operation, the Homeland Security Task Force arrested more than 150 illegal aliens, including 27 suspected Tren de Aragua gang members.
Homeland Security Task Force Operation Results in the Arrest of More Than 150 Illegal Aliens, Including Tren de Aragua Gang Members — U.S. Department of Homeland Security
In November 2025, 51 confirmed Tren de Aragua gang members were arrested during a raid in San Antonio, Texas.
51 confirmed Tren de Aragua gang members arrested in North Side raid, report says — KMPH
📰 Sources (7)
- Judge James Boasberg ordered sworn declarations by December 5 from all officials involved in not returning the March 15 flights.
- DOJ filing states DHS Secretary Kristi Noem made the transfer decision after advice from Acting DHS GC Joseph Mazzara, who received legal input from DAG Todd Blanche and PADAG Emil Bove.
- Government reiterates the judge’s mid‑air 'turn around' directive was delivered orally in court and not in the written order.
- Boasberg outlined the contempt standards and said he must determine whether Noem or others should be referred for potential contempt prosecution.
- Boasberg will decide after the declarations whether to take witness testimony.
- DOJ’s new declaration publicly states DHS Secretary Kristi Noem directed that AEA detainees already removed before the court’s order be transferred to El Salvador’s custody.
- DOJ identifies Todd Blanche and Emil Bove as the senior DOJ officials who advised DHS and relayed Judge Boasberg’s emergency and subsequent oral orders to 'immediately' return flights.
- DOJ argues Boasberg’s oral 'immediate return' directive was nonbinding and says the government’s actions did not meet the clarity required for criminal contempt.
- Plaintiffs are seeking testimony from nine senior Trump officials, specifically including Emil Bove and DOJ whistleblower Erez Reuveni.
- The filing specifies that more than 200 Venezuelan migrants were on the flights that proceeded and arrived in El Salvador hours after the order.
- DOJ filing says DHS Secretary Kristi Noem directed the transfers to Salvadoran custody after Judge Boasberg’s oral order to return the planes.
- DOJ identifies who provided legal advice: Deputy Attorney General Todd Blanche and then–Principal Associate Deputy Attorney General Emil Bove, conveyed via DHS acting General Counsel Joseph Mazzara.
- DOJ argues Boasberg’s oral directive was not a binding injunction and says two planes were already outside U.S. territory when the directive was issued.
- Context added that deportees were later returned to Venezuela in a prisoner swap; advocates say they suffered harm at El Salvador’s CECOT prison.
- DOJ filing says DHS Secretary Kristi Noem made the final decision to allow mid‑March deportees to be transferred to El Salvador after the judge’s order.
- Chain of communication identified: DOJ official Drew Ensign conveyed the rulings; Deputy AG Todd Blanche and Principal Associate DAG Emil Bove advised DHS’s acting general counsel, who relayed advice to Noem.
- DOJ argues the decision was lawful and consistent with a reasonable interpretation of Judge Boasberg’s written order and asserts no violation occurred.
- DOJ contends 'no live testimony is warranted at this time,' as Boasberg moves to resume the contempt inquiry.
- Filing highlights discrepancy between Boasberg’s verbal directive to 'turn around a plane' and the subsequent written order that did not explicitly restate that requirement.
- Context reaffirmed: flights sent accused Venezuelan gang members to El Salvador under the Alien Enemies Act; ACLU seeks to call multiple DHS/DOJ witnesses, including whistleblower Erez Reuveni, whose allegations DOJ denies.
- An 8–3 D.C. Circuit ruling left in place the block of Boasberg’s April contempt order but affirmed his authority to continue investigating potential violations.
- Boasberg publicly stated, “I will be going forward with it… I certainly intend to find out what happened that day,” indicating next steps.
- The joint opinion by Judges Nina Pillard, Robert Wilkins and Bradley Garcia called the district court’s response to “shocking executive branch conduct” measured and essential.
- Potential witness named: DOJ attorney Erez Reuveni, who admitted DOJ should not have deported Kilmar Abrego Garcia and was later put on leave and fired; he told 60 Minutes he was called to a meeting with then–No. 3 DOJ official Emil Bove.
- Boasberg’s opinion cited “boasts” by Secretary of State Marco Rubio and Salvadoran President Nayib Bukele as suggesting deliberate defiance of the court’s order.
- Judge Boasberg said a Friday D.C. Circuit ruling gives him authority to proceed with a contempt investigation into March deportation flights to El Salvador.
- He ordered parties to identify witnesses and propose procedures by Monday and said he aims to start hearings on Dec. 1.
- Boasberg floated calling a former DOJ attorney whistleblower who alleged a top official suggested the administration might ignore court orders.
- DOJ attorney Tiberius Davis objected to further contempt proceedings; the administration argues the return directive was verbal and not in the written order.
- The DC Circuit opinion (Judges Pillard, Wilkins, Garcia) emphasized that 'Judicial orders are not suggestions' in allowing the probe to move forward.