Judge Boasberg orders DHS Sec Kristi Noem and other officials to submit declarations.

[mahatmakanejeeves]

Last edited Fri Nov 28, 2025, 08:22 PM - Edit history (1)

Chris Geidner
‪@chrisgeidner.bsky.social‬

BREAKING: As part of his contempt inquiry, Judge Boasberg orders DHS Sec Kristi Noem and other officials to submit declarations by 12/5 attesting to their actions relating to the decision not to turn around March 15 Alien Enemies Act flights.

Background:
https://www.lawdork.com/p/aclu-lawyers-name-emil-bove-now-a

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
J.G.G., et al.,
Plaintiffs,
V.
DONALD J. TRUMP, et al.,
Defendants.
Civil Action No. 25-766 (JEB)
ORDER
At the hearing on November 19, 2025, the Court offered both sides an opportunity to propose next steps in its inquiry into whether a criminal-contempt referral is appropriate. The
Government, now for the first time, has identified who purportedly made the decision not to
recall planes containing Alien Enemies Act detainees on March 15, 2025: Homeland Security
Secretary Kristi Noem. See ECF No. 195 (Def. Resp.) at 2. Defendants nonetheless maintain, relying heavily on Judge Katsas's concurring opinion for the D.C. Circuit panel, that her decision
was proper and not contumacious. Id. at 3-4 (citing J.G.G. v. Trump, 147 F.4th 1044, 1052
(D.C. Cir. 2025) (Katsas, J., concurring)). As a result, the Government posits that "no further steps are warranted" because "Defendants did not violate this Court's order." Id. at 1. Given that the other two panel members (plus the majority of the en banc court) did not agree with J.
Katsas, the Court is not prepared at this juncture to terminate its inquiry. Instead, it must
determine whether Secretary Noem or anyone else should be referred for potential contempt
prosecution. In other words, the Court must decide if: (1) the court order was "clear and
reasonably specific"; (2) "the defendant violated the order"; and (3) "the violation was willful."
ALT

United States v. Young, 107 F.3d 903, 907 (D.C. Cir. 1997) (quoting United States v. NYNEX
Corp., 8 F.3d 52, 54 (D.C. Cir. 1993)).
In conducting such inquiry, Plaintiffs submit that the Court should "require the
government to promptly file declarations) identifying all individuals involved in the decision not
to halt the transfer of class members out of U.S. physical custody on March 15 and 16, 2025." ECF No. 193 (Pl. Resp.) at 1. "[O]nce these declarations are filed and depending on what
information they disclose, the Court should then determine the appropriate sequence of witness
testimony, and the manner in which that testimony should be provided." Id. The Government
similarly notes: "If the Court believes any further information is needed for [its inquiry],
Defendants respectfully request an opportunity to provide that information to the Court by way
of declarations in the first instance (as even Plaintiffs agree is appropriate)." Def. Resp. at 1.
The Court will adopt the parties' agreement on starting with declarations; it will then
assess the need for witness testimony. It therefore ORDERS that by December 5, 2025, the
Government shall submit declarations from all individuals involved in the decision not to halt the
transfer of class members out of U.S. physical custody on March 15 and 16, 2025. Such
declarations shall detail their roles in such decision.
/s/ James E. Boasberg
JAMES E. BOASBERG
Chief Judge
ALT
Nov 28, 2025, 4:55 PM

BREAKING: As part of his contempt inquiry, Judge Boasberg orders DHS Sec Kristi Noem and other officials to submit declarations by 12/5 attesting to their actions relating to the decision not to turn around March 15 Alien Enemies Act flights.

Background: www.lawdork.com/p/aclu-lawye...

— Chris Geidner (@chrisgeidner.bsky.social) 2025-11-28T21:55:11.903Z

[wcmagumba]

1. They will ignore this, Trumpers don't need no stinking laws...