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Related: About this forumTrump's DOJ Lawyers Creep Closer to Contempt of Court - Glenn Kirschner
In the ongoing litigation over whether the Trump administration violated Judge James Boasberg's order to turn around plans carrying Venezuelan immigrants whose constitutional rights had been violated, DOJ attorneys are now refusing to provide additional information about who was deported and when the planes took off and landed.
The DOJ lawyers are claiming that such information can't be disclosed under the "state secrets" doctrine. This video takes on the contention that the information being sought by Judge Boasberg to determine if the Trump administration violated his orders and should be held in contempt can't safely be disclosed to Judge Boasberg, who, incidentally, is also the Chief Judge of the United States Alien Terrorist Removal Court.
Might it be that the real reason the Trump administration won't provide that basic information to the judge is because it will prove that they violated the judge's order? - Glenn Kirschner - 03/25/2025.
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Trump's DOJ Lawyers Creep Closer to Contempt of Court - Glenn Kirschner (Original Post)
Rhiannon12866
Mar 25
OP
LetMyPeopleVote
(161,795 posts)1. Deadline: Legal Blog-Trump officials invoke 'state secrets' in a bid to avoid sharing deportation information
Facts that are in the public record are NOT state secrets. This stunt is questionable and desperate. the trump DOJ is worried about sanctions for being held in contempt.
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-state-secrets-alien-enemies-act-rcna197946
While U.S. District Judge James Boasberg shines a light on whether the Trump administration violated his orders on deportations, the government just attempted a legal version of a blackout. Invoking the state secrets privilege, the Justice Department told Boasberg that he has all the facts he needs and that the privilege invocation forecloses further demands for details that have no place in this matter.
Attorney General Pam Bondi took that position in a court filing Monday to the Washington, D.C., trial judge, on the same day that a federal appellate panel heard arguments in the DOJs attempt to halt the judges temporary restraining orders while it appeals them.
Despite that pending appeal, whether officials violated Boasbergs orders is a separate matter that he is still examining.
Boasberg issued the restraining orders March 15, temporarily halting Trumps use of the rarely invoked Alien Enemies Act to summarily deport alleged Venezuelan gang members. The judge subsequently told the government to explain how it didnt violate his orders when it failed to return people on certain planes that had left the U.S. that same day. Boasberg expressed skepticism about the governments ability to invoke the state secrets privilege in this situation, but he gave officials a chance to try.
That they have done so adds another wrinkle to Boasbergs attempt to get to the bottom of what happened and what hell do about it if he finds any violation. The Executive Branch hereby notifies the Court that no further information will be provided, the DOJ wrote in Mondays filing, arguing that the information the judge wants is subject to the privilege because disclosure would pose reasonable danger to national security and foreign affairs. The DOJ also wrote that it intends to address Boasbergs order to explain its compliance Tuesday by demonstrating that there is no basis for the suggestion of noncompliance with any binding order.
The keyword there might be binding, which suggests an admission that the government violated his order but that, in the governments view, it doesnt matter because the judge lacked the authority to issue the order in the first place (again, in the governments view).
Whether the administration can invoke the state secrets privilege could be a question that, like the validity of his underlying orders, is something that an appellate court and perhaps the Supreme Court will need to resolve.
Attorney General Pam Bondi took that position in a court filing Monday to the Washington, D.C., trial judge, on the same day that a federal appellate panel heard arguments in the DOJs attempt to halt the judges temporary restraining orders while it appeals them.
Despite that pending appeal, whether officials violated Boasbergs orders is a separate matter that he is still examining.
Boasberg issued the restraining orders March 15, temporarily halting Trumps use of the rarely invoked Alien Enemies Act to summarily deport alleged Venezuelan gang members. The judge subsequently told the government to explain how it didnt violate his orders when it failed to return people on certain planes that had left the U.S. that same day. Boasberg expressed skepticism about the governments ability to invoke the state secrets privilege in this situation, but he gave officials a chance to try.
That they have done so adds another wrinkle to Boasbergs attempt to get to the bottom of what happened and what hell do about it if he finds any violation. The Executive Branch hereby notifies the Court that no further information will be provided, the DOJ wrote in Mondays filing, arguing that the information the judge wants is subject to the privilege because disclosure would pose reasonable danger to national security and foreign affairs. The DOJ also wrote that it intends to address Boasbergs order to explain its compliance Tuesday by demonstrating that there is no basis for the suggestion of noncompliance with any binding order.
The keyword there might be binding, which suggests an admission that the government violated his order but that, in the governments view, it doesnt matter because the judge lacked the authority to issue the order in the first place (again, in the governments view).
Whether the administration can invoke the state secrets privilege could be a question that, like the validity of his underlying orders, is something that an appellate court and perhaps the Supreme Court will need to resolve.
Rhiannon12866
(232,562 posts)2. Wow! Thanks so much!

