DOJ invoking state secrets privilege in deportation case – Washington Examiner

The Department of Justice (DOJ) announced it would invoke the state secrets privilege to deny Judge James Boasberg access to information regarding deportation flights. This decision came after the Trump administration claimed that revealing details about the flights transporting Venezuelan migrants to El Salvador would jeopardize national security. Attorney General Pam Bondi and other DOJ officials argued that further disclosures could threaten diplomatic relations and overall national security. Judge Boasberg has been investigating whether the Trump administration’s deportation actions complied with his previous orders. There is ongoing tension between the judge and the Trump administration, with Trump and his allies reportedly calling for Boasberg’s impeachment. The DOJ’s assertion of state secrets privilege has raised questions about its applicability, as Judge Boasberg has indicated skepticism regarding this defense.


DOJ invoking state secrets privilege to deny Boasberg information in deportation case

The Trump administration told Judge James Boasberg on Monday night that it would not disclose additional information about its flights that deported migrants and said to do so would be to divulge state secrets.

Attorney General Pam Bondi and other top Justice Department officials argued that releasing further information about the flights carrying Venezuelan migrants to El Salvador would jeopardize national security.

“The court has all of the facts it needs to address the compliance issues before it,” the DOJ said in a filing. “Further intrusions on the executive branch would present dangerous and wholly unwarranted separation-of-powers harms with respect to diplomatic and national security concerns that the court lacks competence to address.”

In its invocation, the department included declarations from Secretary of State Marco Rubio and Homeland Security Secretary Kristi Noem. It argued not only national security could be compromised, but also relations with other countries.

For nearly 10 days, Boasberg, the chief judge of the district court in Washington, D.C., and an Obama appointee, has been requesting information from the Trump administration about the deportation flights. After Trump invoked the Alien Enemies Act to direct the deportations, Boasberg issued a 14-day block on the action.

DOJ GIVES SEALED ANSWER TO JUDGE BOASBERG’S QUESTIONS ABOUT DEPORTATION FLIGHTS

The judge has attempted to ascertain whether Trump administration officials allowed two deportation flights carrying what they believed to be Tren de Aragua gang members to reach El Salvador even after his order for them to return to the United States. There has been growing tension between the Trump administration and Boasberg, with President Donald Trump and some of his allies calling for his impeachment.

The DOJ signaled last week that it was considering asserting the privilege of state secrets. Boasberg expressed doubt that the privilege, first recognized by the Supreme Court in 1953, could be applied.



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