The Justice Department on Monday afternoon asked a federal appeals court to intervene and remove Judge Boasberg from Trump’s Alien Enemies Act case.
As previously reported, on Saturday, Judge Boasberg, an Obama appointee, issued an emergency injunction (it wasn’t filed yet) and ordered the Trump Administration to turn around planes that were deporting dangerous Tren de Aragua Venezuelan gang members.
“Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States however that is accomplished,” Boasberg said in an oral order, according to Politico. “Make sure it’s complied with immediately.”
Later Sunday, the Trump DOJ provided an update to Boasberg’s order and said the criminal aliens were outside of US territory when the order came down.
The DOJ argued that the judge has zero jurisdiction over international airspace.
The DOJ asked the appeals court to intervene shortly before Monday’s contentious hearing. Judge Boasberg demanded the DOJ answer sensitive questions related to national security decisions involving the removal of dangerous criminal aliens.
“The district court has now set an open, public hearing for 5pm Eastern and ordered that the “Government shall be prepared to provide answers to the questions raised by Plaintiffs,” the DOJ wrote.
Judge Boasberg gave the Trump DOJ a Tuesday deadline to respond to his questions.
The judge demanded to know:
1) How many planes departed US on Saturday carrying anyone based on Proclamation;
2) How many people in each category;
3) What foreign country/countries did they landed;
4) Time took off & wear; time you contend left US air space; what time landed in each country; what time transferred into that countries custody
JUDGE: These are questions I want answers for & why you won’t me:
1) How many planes departed US on Saturday carrying anyone based on Proclamation;
2) How many people in each category;
3) What foreign country/countries did they landed;
4) Time took off & wear; time you…— Margot Cleveland (@ProfMJCleveland) March 17, 2025
The Justice Department said activist judge is trying to force the government to disclose sensitive national security and operation security concerns.
“That development escalates the stakes of the district court’s inappropriate exercise of jurisdiction and the risks that the district court may force the government to disclose sensitive national security and operational security concerns or face significant penalties from the court. The Government cannot—and will not—be forced to answer sensitive questions of national security and foreign relations in a rushed posture without orderly briefing and a showing that these questions are somehow material to a live issue. Answering them, especially on the proposed timetable, is flagrantly improper and presents grave risks to the conduct of the Government in areas wholly unsuited to micromanagement supervision by a district court judge,” the DOJ wrote in a correspondence to the clerk of US District Court of Appeals.
The DOJ asked the appeals court to remove Judge Boasberg and reassign the case to another judge.
“This Court should also immediately reassign this case to another district court judge given the highly unusual and improper procedures—e.g. certification of a class action involving members of a designated foreign terrorist organization in less than 18 hours with no discovery and no briefing from the Government—that have been employed in the district court proceedings to date,” the DOJ wrote.
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