Justice Department Considers State Secrets Privilege in Controversial Deportation Case

Justice Department Analyzes State Secrets Privilege in Deportation Controversy

The Justice Department revealed on Friday its intention to possibly invoke the state secrets privilege in a high-profile court case concerning deportation flights from the Trump administration to El Salvador. This privilege may allow the government to withhold certain information on the grounds of national security.

Deputy Attorney General’s Declaration

In a declaration submitted to the court, U.S. Deputy Attorney General Todd Blanche informed U.S. District Court Judge James Boasberg that discussions at the cabinet level about invoking state secrets privilege are ongoing. This declaration was filed that same morning.

Importance of Serious Consideration

Blanche emphasized that invoking this privilege requires serious consideration. He stated that such a decision involves national security and foreign relations and cannot be made hastily. The deputy attorney general noted the gravity of such matters, indicating they cannot be resolved in just 24 hours.

Judge’s Response to the Administration’s Deadline

The declaration followed Judge Boasberg’s issuance of a deadline on Thursday, requiring the government to disclose information about the recent deportation flights that transported Venezuelan nationals to El Salvador over the weekend. This deadline coincided with an emergency court order temporarily barring the Trump administration from continuing these deportations.

Deficient Compliance with Court Orders

In a critical order released Thursday evening, Judge Boasberg condemned the administration for failing to meet the noon deadline for information submission. The court had granted the administration the option to file information under seal to maintain confidentiality, yet they submitted only a brief six-paragraph declaration from a regional ICE officer in Texas.