FEDERAL JUDGE ESCALATES CRIMINAL CONTEMPT PROBE: Kristi Noem’s “Cursory” Declaration Fails to Satisfy Boasberg in Defied Deportation Order Case!
On December 17, 2025, U.S. District Judge James Boasberg intensified his criminal contempt inquiry into Homeland Security Secretary Kristi Noem, rejecting her brief declaration as insufficient to explain why she authorized deportation flights to El Salvador despite his March 15 order to halt them under the Alien Enemies Act.
Noem admitted in a November filing that she made the final decision to transfer over 137 alleged Venezuelan gang members to the notorious CECOT mega-prison after receiving privileged legal advice from DOJ and DHS counsel, including Emil Bove (now a Third Circuit judge) and others.
Boasberg dismissed claims of attorney-client and executive privilege, invoking the crime-fraud exception for potential willful violations. He ordered live testimony from key DOJ figures, including whistleblower Erez Reuveni (fired for honesty) and Deputy Assistant AG Drew Ensign.
The DOJ, led by Attorney General Pam Bondi, filed an emergency petition to the D.C. Circuit on December 12, accusing Boasberg of “lawless judicial activism” and seeking his removal, calling the probe a “retaliatory campaign” threatening separation of powers.
An appeals panel temporarily paused hearings on December 15, but Boasberg’s persistence highlights tensions over executive defiance. Plaintiffs allege the deportees faced abuse and torture, violating due process.
Noem’s actions followed her abrupt exit from a December 11 congressional hearing, dodging questions on immigration enforcement amid protests and Democratic calls for resignation.
Bondi defended the deportations as targeting “Venezuelan terrorists,” but critics, including ACLU, decry lack of hearings and human rights concerns at CECOT.
As the D.C. Circuit reviews, this case tests limits of presidential power in mass deportations, with potential criminal referrals looming if contempt is found – a rare challenge to a cabinet secretary.
