Top officials in President Donald Trump’s administration are currently discussing the possibility of invoking the “state secrets privilege” following a judge’s inquiry about deportation flights carrying Venezuelan immigrants to El Salvador. A Justice Department official notified Chief Judge James Boasberg of this development ahead of a hearing on Friday.
Deputy Attorney General Todd Blanche stated in a court filing that there are ongoing discussions at the Cabinet level regarding the judge’s request for more information. Judge Boasberg had directed the Trump administration to either provide additional details about the flights or assert that disclosing the information would jeopardize state secrets.
The administration, led by Republicans, has pushed back against the judge’s demand, labeling it as an unnecessary fishing expedition. Judge Boasberg deemed their response insufficient, raising the prospect of potential contempt of court charges against administration officials.
Government lawyers submitted Blanche’s sworn statement shortly before the scheduled hearing on Friday in Washington. The administration has been transferring numerous Venezuelan immigrants to El Salvador under a centuries-old wartime law. When Judge Boasberg issued an order on March 15 to halt the deportations and return the planes to the U.S., flights were already in progress.
The Justice Department argued that the judge’s verbal instructions were not binding, emphasizing that only a written order must be followed and that it could not apply retroactively to flights that had departed the U.S. President Trump and several Republican supporters have called for Judge Boasberg’s impeachment, who was appointed by Democratic President Barack Obama. However, Supreme Court Chief Justice John Roberts recently clarified that impeachment should not be pursued as a response to disagreements over judicial decisions.
