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A federal judge in the United States reopened the criminal contempt investigation against officials of the Government of Donald Trump, following new concerns regarding the legality of several deportation flights to El Salvador that took place in March, despite court orders demanding their halt.
The decision came after the Secretary of Homeland Security, Kristi Noem, provided a sworn statement last week on why she allowed the migrants to be deported to the Central American country.
However, District Judge James Boasberg said that Noem provided little information on the matter.
According to a report by CNN, Boasberg, who had previously determined in April that there was "probable cause" to find the Government in contempt, has now ordered that two attorneys related to the case testify in person.
The first is Drew Ensign, a senior attorney at the Department of Justice (DOJ) who was involved in the proceedings related to the flights on March 15. The department itself admits that he conveyed Boasberg's orders that day to the addresses of the Department of Homeland Security and the DOJ.
The second is Erez Reuveni, a former attorney from the Department of Justice who reported this year that a former high-ranking official from the agency claimed that the Government intended to ignore court orders as part of Trump's deportation policy.
Judge Boasberg explained that the lack of details in Kristi Noem's affidavit prevented the determination of whether her actions constituted a deliberate violation of his order.
For this reason, he stated that direct testimony from those involved was necessary to clarify what happened in mid-March, when flights with migrants were sent to El Salvador, despite his order for them to be returned while an appeal regarding the use of the Foreign Enemies Act by the Trump administration was being evaluated.
Deported migrants were held for months in a mega-prison in El Salvador, known for its harsh conditions, before being released this summer as part of a prisoner exchange with Venezuela.
The legal process was suspended in the summer, but in November, the Washington Circuit Court of Appeals allowed its resumption.
Boasberg, appointed by former President Barack Obama, expressed his intent to move quickly: "I certainly intend to find out what happened that day… justice requires that I act promptly."
From the legal representation of migrants, the attorney for the American Civil Liberties Union (ACLU), Lee Gelernt, stated that the existing evidence suggests the Government "deliberately violated" the court order.
"The stakes could not be higher if senior U.S. officials decided to challenge a federal court, especially when the consequence was sending people to torture in a horrific Salvadoran prison without any due process," he emphasized.
With the new testimonies scheduled for next week, Boasberg's investigation enters a crucial phase to determine who authorized and executed the deportations that the judge had explicitly prohibited.
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