A federal judge has asked for testimony from a Justice Department whistleblower who alleged leadership appeared to lie to the court when they said they were unaware of pending flights that sent more than 100 men to a Salvadoran mega prison.
The inquiry comes as U.S. District Court Judge James Boasberg has ignited contempt proceedings to determine whether Trump officials defied his order to halt or turn around any flights carrying men President Trump had accused of being gang members.
Boasberg on Monday will hear from Erez Reuveni, who was fired shortly after he told another judge in a related case that Kilmar Abrego Garcia was deported due to an administrative error.
Reuveni was present for meetings as the Trump administration prepared to ignite the rarely used Alien Enemies Act (AEA), including a March 14 meeting where former No. 3 Justice Department official Emil Bove is alleged to have said that the “DOJ would need to consider telling the courts ‘f— you’ and ignore any such court order,” according to Reuveni’s account.
Documents previously provided by Reuveni show frantic emails from Reuveni the night of March 15 as the American Civil Liberties Union sought a court order to block suspected flights.
The emails show him referencing the meeting with Bove to another colleague the next day after his alerts to multiple agencies to halt the flights went largely unanswered.
Reuveni, in listening mode on the telephonic hearing, relayed orders from the judge to halt the flights.
“The judge specifically ordered us not to remove anyone in the class, and to return anyone in the air,” he wrote.
“We need to address this asap to avoid contempt,” Reuveni wrote. “In particular [for] the flight landing in three minutes.”
His pleas went largely unanswered.
Boasberg has also asked for testimony from Justice Department attorney Drew Ensign, a figure who was also referenced in the emails and texts sent by Reuveni.
“He knows they are being removed,” Reuveni said of Ensign, specifying that he knows “about the flights.”
Ensign has been called to testify on Tuesday.
In a filing last month, the Justice Department said it was Homeland Security Secretary Kristi Noem who directed that the flights continue.
The Trump administration has argued that Boasberg’s verbal order to ground the flights did not amount to a judicial directive, only his later signed order. However, judges routinely issue oral orders from the bench.
Boasberg said it’s too early in the proceedings to hear from Noem.
“As this declaration does not provide enough information for the Court to determine whether her decision was a willful violation of the Court’s Order, the Court cannot at this juncture find probable cause that her actions constituted criminal contempt,” he wrote in the Monday order.