Judge James Boasberg granted a 24 hour stay in the Enemies Alien Act case, but he made sure to blast the Trump Administration in his latest court order.
President Trump’s DOJ earlier Tuesday accused Judge Boasberg of being engaged in “picayune dispute over micromanagement of immaterial factfinding” for asking whether the government defied his previous order related to ordering planes en route to Central America deporting dangerous Venezuelan aliens to turn around.
“What began as a dispute between litigants over the President’s authority to protect the national security and manage the foreign relations of the United States pursuant to both a longstanding Congressional authorization and the President’s core constitutional authorities has devolved into a picayune dispute over the micromanagement of immaterial factfinding. In a series of orders this Court has requested the Government to provide it details about the movements of aircraft outside of the United States and interactions with foreign nations which have no bearing on any legal issue at stake in the case,” the DOJ wrote.
There is currently a showdown between the DOJ and Boasberg after he demanded national security details from President Trump on the routes and times of his flights of violent illegal aliens to El Salvador.
The Justice Department on Tuesday once again refused to give Judge James Boasberg sensitive information in a case against Trump’s invocation of the Alien Enemies Act.
As White House advisor Stephen Miller pointed out on CNN, the Supreme Court previously ruled that any Alien Enemy Act removals by a US President are not subject to judicial review.
The DOJ on Wednesday morning slammed Judge Boasberg’s latest order as an “egregious overreach” into the powers of the Executive Branch.
Boasberg later Wednesday granted a 24-hour stay, he blasted the Trump Administration in his order.
The Judge challenged the government’s argument related to disclosing state secrets and said it has to make a “formal claim of privilege, lodged by the head of the department.”
Judge Boasberg said disclosing sensitive information won’t put state secrets in danger because Secretary of State Marco Rubio has publicly spoken about the deportation flights.
“Defendants make that claim despite their own extensive promotion of the particulars of the flights. For example, the Secretary of State has revealed many operational details of the flights, including the number of people involved in the flights, many of their identities, the facility to which they were brought, their manner of treatment, and the time window during which these events occurred,” the judge wrote.
“The Court is therefore unsure at this time how compliance with its Minute Order would jeopardize state secrets,” the judge said in a snarky remark.
The Court, accordingly, ORDERS that:
1. Defendants’ [37] Motion is GRANTED IN PART and DENIED IN PART; and
2. Defendants shall have until March 20, 2025, at 12:00 p.m. to provide the information discussed in the Minute Order of March 18, 2025, or to invoke the state-secrets doctrine and explain the basis for such invocation.
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