“They’re putting attorneys who have dedicated themselves to public service in the impossible position of fealty to the President or fealty to the Constitution – candor to the courts or keeping your head low and lying if asked to do so,” Reuveni told The New Yorker. “That is not what the Department of Justice that I worked in was about. That’s not why I went to the Department of Justice and stayed there for fifteen years.” 

Shortly after three planes filled with alleged Tren de Aragua gang members took off for an El Salvador supermax prison in March, a judge issued a verbal order with a simple instruction to government lawyers:  turn the planes around. The planes, however, continued to El Salvador. 

Now, a whistleblower says a top Department of Justice (DOJ) official authorized disregarding the judge’s order, telling his staff they might have to tell the courts “f- you” in immigration cases.

The official was Principal Associate Attorney General Emil Bove, whom President Donald Trump nominated to be a federal judge. Leaked emails and texts from whistleblower and former DOJ lawyer Erez Reuveni, released during the week of July 7, came days before a Senate Judiciary Committee vote on Bove’s nomination to the 3rd U.S. Circuit Court of Appeals. If the committee approves, Bove’s nomination will advance to the full Senate.

At Bove’s direction, “the Department of Justice is thumbing its nose at the courts, and putting Justice Department attorneys in an impossible position where they have to choose between loyalty to the agenda of the president and their duty to the court,” Reuveni told The New York Times.

Bove is perceived by some as a controversial choice for the lifetime position. He served on Trump’s defense team in the state and federal indictments filed after Trump’s first term in the White House.

In 2024, after Trump appointed him acting deputy attorney general, Bove ignited controversy over his firing of federal prosecutors involved in cases involving the Jan. 6, 2021, assault on the U.S. Capitol and over his role in dismissing corruption charges against New York City Mayor Eric Adams.

Early this year, the federal government was using an arcane 18th-century wartime law – the Alien Enemies Act of 1798 – to remove the alleged gang members from the United States without court hearings. U.S. District Judge James Boasberg of the District of Columbia ruled the removals violated the men’s right to due process, setting up the conflict with the DOJ.

The leaker’s emails and texts suggest Bove advised DOJ attorneys that it was okay to deplane the prisoners in El Salvador under the Alien Enemies Act. 

The messages also cite Bove’s instruction for lawyers to consider saying “f- you” to the courts.

 When Reuveni asked DOJ and Department of Homeland Security officials if they would honor the judge’s order to stop the planes to El Salvador, he received vague responses or none at all.

While the email and text correspondence allude to Bove’s instruction, none of the messages appear to have come directly from Bove himself. The official whistleblower complaint was filed on June 24.

Bove denies giving that instruction. At a Senate Judiciary Committee hearing last month, Bove said he “never advised a Department of Justice attorney to violate a court order.”

The leak prompted outrage from both sides of the political spectrum. Some say deporting people without trial to a supermax prison in El Salvador violates due process rights and a  DOJ lawyer telling other lawyers to ignore a court order should put him in contempt of court. 

However, Attorney General Pam Bondi – who served as one of Trump’s defense attorneys during his first Senate impeachment trial in 2020 – responded on X, saying there was no court order to defy. 

“As Mr. Bove testified and as the Department has made clear, there was no court order to defy, as we successfully argued to the DC Circuit when seeking a stay, when they stayed Judge Boasberg’s lawless order. And no one was ever asked to defy a court order,” the attorney general wrote Thursday, July 10, when the emails and texts were released. 

Bondi was referring to the DOJ’s immediate emergency appeal to the D.C. Circuit of Appeals requesting a stay of Boasberg’s temporary restraining order. The DOJ did not turn the planes around, arguing that a verbal order by the lower court is not binding and that the planes had already left U.S. airspace.

On March 26, the DOJ lost its appeal, with the D.C. Circuit voting 2-1 to uphold Boasberg’s ruling. The DOJ appealed again, this time to the Supreme Court, arguing that the lower courts had interfered with national security and overreached on executive immigration power. The Supreme Court ruled in favor of the DOJ, 6-3, and lifted the lower court’s injunction on April 9.

Bondi accused the whistleblower Reuveni of spreading lies. She said on X that this is “another instance of misinformation being spread to serve a narrative that does not align with the facts.” 

“This ‘whistleblower’ signed 3 briefs defending DOJ’s position in this matter and his subsequent revisionist account arose only after he was fired because he violated his ethical duties to the department,” Bondi wrote.

Reuveni worked at the DOJ for 15 years, mostly in the Office of Immigration and Litigation. Bondi fired Reuveni in April for failing to “zealously advocate” for the United States in the case of Kilmar Abrego Garcia, the Maryland man who was accidentally deported to the El Salvador prison and whose return the Supreme Court eventually ordered.

Bondi and other Trump administration officials have fired many DOJ and FBI employees, saying the administration has broad constitutional power to do so. 

“They’re putting attorneys who have dedicated themselves to public service in the impossible position of fealty to the President or fealty to the Constitution – candor to the courts or keeping your head low and lying if asked to do so,” Reuveni told The New Yorker. “That is not what the Department of Justice that I worked in was about. That’s not why I went to the Department of Justice and stayed there for fifteen years.” 

DOJ whistleblower says Trump appointee ordered defiance of courts

A Trump judicial nominee told DOJ lawyers to ignore court orders to return planes carrying alleged gang members, a whistleblower claims.

https://san.com/cc/doj-whistleblower-says-trump-appointee-ordered-defiance-of-courts