WASHINGTON (AP) — The Justice Department on Friday asked an appeals court to block a contempt investigation regarding the Trump administration's failure to stop planes carrying Venezuelan migrants to El Salvador in March.
The department is also requesting Chief Judge James Boasberg's removal from the case, which has become a pivotal issue in the escalating confrontation between the executive branch and judiciary over court orders that obstruct portions of President Donald Trump’s expansive agenda.
It is anticipated that the U.S. Court of Appeals for the District of Columbia Circuit will rule on these requests before Monday, when Boasberg is scheduled to hear testimony from a former government attorney who filed a whistleblower complaint.
Officials from the Justice Department describe Boasberg's actions as biased and claim he is orchestrating “a circus that threatens the separation of powers and the attorney-client privilege alike.” They argue that the forthcoming hearing appears to be a trivial pursuit aimed at producing an ever-expanding roster of witnesses and extended testimonies, which they characterize as lacking a genuine objective of uncovering factual truths.
Boasberg, nominated to the federal bench by Democratic President Barack Obama, has stated that a recent ruling made by the appeals court empowers him to continue with the contempt inquiry. He is attempting to ascertain if there is enough evidence to warrant a referral for prosecution related to the administration's actions.
Boasberg has alleged that the Trump administration may have “acted in bad faith” by attempting to hastily deport Venezuelan migrants in spite of a judicial order that forbade their deportation to El Salvador.
The Justice Department has denied any wrongdoing, asserting that the judge's directive to return the planes was communicated verbally during court proceedings but was not included in a written order.
On Monday, a hearing is scheduled for testimonies by former Justice Department attorney Erez Reuveni, who claims a senior department official implied that the Trump administration may need to disregard court orders regarding the deportation of Venezuelan migrants.
The judge has also scheduled a subsequent hearing for Tuesday to receive testimony from Deputy Assistant Attorney General Drew Ensign, who the Justice Department claims communicated Boasberg’s March 15 directive to the Department of Homeland Security.
In a court filing on Friday, department officials expressed concern that this ongoing conflict could escalate into an unnecessary interbranch dispute, saying, “This long-running saga never should have begun; should not have continued at all after this Court’s last intervention; and certainly should not be allowed to escalate into the unseemly and unnecessary interbranch conflict that it now imminently portends.”
