Judge orders top DOJ attorney to testify about Alien Enemies Act deportations

[BumRushDaShow]

Source: ABC News

December 8, 2025, 6:22 PM


After the Trump administration provided limited information about the decision to deport more than a hundred men under the Alien Enemies Act in March, a federal judge on Monday ordered a top DOJ attorney involved in the deportations to testify later this month. U.S. District Judge James Boasberg ordered Drew Ensign -- Deputy Assistant Attorney General for the Office of Immigration Litigation of the Civil Division -- to testify during a hearing on Dec. 16. He also ordered testimony on Dec. 15 from Erez Reuveni, a former DOJ attorney who alleged the Trump administration evaded court orders.

The Trump administration in March invoked the Alien Enemies Act -- an 18th century wartime authority used to remove noncitizens with little-to-no due process -- to deport two planeloads of alleged migrant gang members to the CECOT mega-prison in El Salvador by arguing that the Venezuelan gang Tren de Aragua is a "hybrid criminal state" that is invading the United States.

Boasberg issued a temporary restraining order and ordered that the planes be turned around, but Justice Department attorneys said his oral instructions directing the flight to be returned were defective, and the deportations proceeded as planned. Boasberg subsequently sought contempt proceedings against the government for deliberately defying his order.

"The Court thus believes that it is necessary to hear witness testimony to better understand the bases of the decision to transfer the deportees out of United States custody in the context of the hearing on March 15, 2025," Judge Boasberg wrote in his order Monday. "The events surrounding this decision should shed light on this question."

Read more: https://abcnews.go.com/US/judge-orders-top-doj-attorney-testify-alien-enemies/story?id=128222048

---

REFERENCE (includes links to earlier references) - https://www.democraticunderground.com/10143578173

[OldBaldy1701E]

1. "Boasberg subsequently sought contempt proceedings against the government for deliberately defying his order."

And...?

?

?

(Yeah, didn't think so. If I had been charged with contempt, you can damn well believe that I'd be in judicial custody before the judge dismissed the court.)

Two-tiered system.

[BumRushDaShow]

2. "And...?"

?

?

And he was slapped down by the D.C. Court of Appeals (by a 3-judge panel and the en banc review upheld the halt, but allowed more fact-finding to proceed - Appeals court declines to reinstate order finding 'probable cause exists' to hold Trump officials in criminal contempt (Nov. 14, 2025)

(snip)

Nearly three months ago, a three-judge panel of the appeals court wiped away Boasberg’s contempt ruling from April. Now, the entire appeals court has decided to keep that ruling intact. But the court’s decision does not fully tie Boasberg’s hands. Because of the way the appeals court ruled this summer – and the court’s decision on Friday to not disturb that ruling – Boasberg is able to move forward with his fact-finding inquiry around the officials involved in the matter, and several members of the court went out of their way to make that point clear Friday.

(snip)

(that's why I try to include references to the previous history of the stories )

[maxsolomon]

3. And now the full circuit decision goes to SCOTUS?

I'm trying to contain my cynicism.

[BumRushDaShow]

4. I don't think there is an "appeal" up to the next level associated with what is going on at this point... at least yet

I think Boasberg wants to still do a referral for contempt and apparently the 45 people had argued that the original "turn the plane around" "verbal order" was "defective", and the intent to do a contempt referral was vague and invalid because of that.

So it looks like he is doing a discovery to get all the ducks in a row, "i's dotted", and "t's crossed", regarding what happened and who authorized what and when, so he can try again with a contempt referral(s) (which may end up involving multiple people in addition to Noem).

ETA - the appeals court apparently didn't feel Boasberg had enough "probable cause" to go with the contempt referral, so he is trying to beef it up to show there WAS a violation of the order, thus justifying contempt referral.

This case goes all the way back to mid-March and all the CECOT mess.

[OldBaldy1701E]

5. My point stands.

They should have all been incarcerated before the appeal even got started.

I say again, if you or I had been charged with that level of contempt (blatantly and publicly defying the judge's ruling) we would have been waving to the press from the back of a patrol car. They get to walk away and give interviews.

Either the law applies to everyone or it apples to no one.

[BumRushDaShow]

6. They now have the full power (and money) of the federal government to use

that the average person doesn't have.

That was thanks to people who didn't bother to vote or didn't want to vote for a black-asian woman.

[OldBaldy1701E]

7. The fact that we allowed money to be so damned important is now biting us on the ass.

Who do we thank for that, I wonder?

And, why do we keep on believing that it is?

And, after seeing just how horrible this worship can be, we still prefer to do so.

I wonder why?

(Yes, those are rhetorical questions.)

[BumRushDaShow]

8. It's a human nature thing

where our societies eventually evolved into some kind of "hierarchy", whether lead by a monarch or a "Council of Elders", either of which is given a "higher power" than those below, and are afforded the "comforts" of that "higher authority".

[OldBaldy1701E]

9. So, humans are doomed to always end up in authoritarianism?

Because they just won't do what it takes to stay equal?

Just remember one thing... we could but we won't.

Which is why I am so enraged about a lot of what happens in this country.

They keep wanting to act like it is some kind of outside, mystical power that, for some reason, we cannot avoid and cannot do anything about.

No, it is just humans being dicks to each other.

And, we never want to change it in any way, it seems.

Again we could... but we won't. Which is the reason for a lot of what goes on in this country. We could fix things, but we refuse to do so.

Mainly because any real social adjustments would include removing the lies that created and maintain the 'power' class in the first place.

And, they will never, ever, ever do that. Ever.

(What amazes is that we know things would be better, but we still won't break that programming that tells us the current situation is the correct one. Astounding. And, pathetic.)