Trump attorney Emil Bove looks on at a hearing

Trump attorney Emil Bove looks on at a hearing in front of New York State Judge Juan Merchan on January 10, 2025 in New York City.

(Photo: Angela Weiss/Pool/Getty Images)

Whistleblower Says Top DOJ Official Pushed to Ignore Court Orders to Carry Out Deportations

Emil Bove "does not belong on the federal bench," said one Democratic lawmaker ahead of confirmation hearings on the Justice Department official's judicial nomination.

With the Senate scheduled to hold a confirmation hearing on federal judicial nominee Emil Bove on Wednesday, Democrats urged the Republican Party to consider an explosive whistleblower complaint as they weighed Bove's nomination—one that revealed allegations that he directed U.S. Department of Justice staffers to ignore court orders to carry out the Trump administration's mass deportation agenda.

The whistleblower complaint was filed Tuesday with federal lawmakers and the DOJ's inspector general by a veteran lawyer in the agency's Office of Immigration Litigation, Erez Reuveni, who was fired in April after expressing concerns in federal court that the administration had wrongly deported Kilmar Abrego Garcia to El Salvador.

In the 27-page complaint, filed by Reuveni's lawyers at the Government Accountability Project, the attorney described a meeting on March 14 in which Bove, the principal associate deputy attorney general, told his subordinates that President Donald Trump would soon invoke the Alien Enemies Act (AEA) to quickly remove a group of immigrants from the U.S., sending more than 200 people to El Salvador's notorious Terrorism Confinement Center (CECOT).

Bove "stressed to all in attendance that the planes needed to take off no matter what," the complaint reads. He noted that "a court order would enjoin those removals before they could be effectuated," but said the DOJ "would need to consider telling the courts 'fuck you' and ignore any such order."

"Mr. Reuveni perceived that others in the room looked stunned, and he observed awkward, nervous glances among people in the room. Silence overtook the room," reads the complaint.

Reuveni also alleged that DOJ lawyer Drew Ensign lied in court on March 15, the day Trump invoked the AEA, when he told Chief Judge James Boasberg of the U.S. District Court in Washington, D.C. that he didn't know whether any deportation flights were scheduled to leave in the coming 24-48 hours.

"Ensign had been present in the previous day's meeting when Emil Bove stated clearly that one or more planes containing individuals subject to the AEA would be taking off over the weekend no matter what," reads the complaint.

Reuveni said that by April, he was "frozen out" of discussions about the Trump administration's use of the AEA to carry out deportations.

That month, he said in a court hearing that the deportation of Abrego Garcia, a Maryland man with no criminal record, had been a mistake. Abrego Garcia was sent to CECOT in March. The administration repeatedly said it would not facilitate his return to the U.S. as it was ordered to by the U.S. Supreme Court, before Abrego Garcia was indicted in Nashville on smuggling charges and abruptly returned to the U.S., where he is still detained, earlier this month.

After the hearing, Ensign asked Reuveni in a phone call why he hadn't supported the administration's claims in court that Abrego Garcia was a terrorist and gang member. He replied that no evidence supported the claim, and noted that even if Abrego Garcia was a criminal he would still be entitled to due process, which he was not afforded when he was sent to El Salvador.

As The New York Timesreported:

The next day, Mr. Reuveni was told he should sign an appeal brief making the terrorism claim against Mr. Abrego Garcia.

Mr. Reuveni's lawyers say he resisted, arguing that the law does not allow advocates to make new factual claims, which he saw as "contrary to law, frivolous, and untrue."

That led to a final standoff with his supervisor... who told him "he should sign the brief and that he had signed up for the responsibility to do so," the account states.

Mr. Reuveni responded, "I didn't sign up to lie."

He was placed on administrative leave hours later, and fired the next week.

Sen. Cory Booker (D-N.J.) responded to the report by saying that Bove "does not belong on the federal bench."

Sen. Dick Durbin (D-Ill.), the ranking member of the Senate Judiciary Committee, urged Republicans on the panel "not to turn a blind eye to the dire consequences of confirming Mr. Bove to a lifetime position as a circuit court judge."

"The accusations against Emil Bove are serious. Not only do they speak to his failure to fulfill his ethical obligations as a lawyer, they also demonstrate his part in a broader pattern by the Trump-Bondi DOJ to undermine the rule of law," he said, referring to Attorney General Pam Bondi—who has been accused of "serious professional misconduct that threatens the rule of law and the administration of justice."

Rep. Jamie Raskin (D-Md.), ranking member of the House Judiciary Committee, applauded Reuveni "for having the great courage to come forward to expose the lawlessness of Mr. Bove and Trump's DOJ."

"Whistleblowers are the first line of defense to hold those in power accountable," said Raskin. "The extraordinary nature of the disclosure demands further investigation by Congress, and Judiciary Democrats are committed to getting to the truth on all of the Trump administration's efforts to turn the Department of Justice into a gangster state law firm devoted to violating the rights of the people, lying to federal judges, violating court orders, and persecuting those who uphold their oaths and speak the truth."

The news of the whistleblower complaint came two days after Judge Barbara Holmes of the Federal District Court in Nashville said Abrego Garcia should be freed from immigration detention.

Holmes took issue with the Trump administration's central claim about Abrego Garcia: that he is a member of the gang MS-13.

"Abrego has no reported criminal history of any kind. And his reputed gang membership is contradicted by the government's own evidence," said Holmes.

U.S. Rep. Pramila Jayapal (D-Wash.) said Holmes' ruling was "remarkable."

The opinion, she said, "completely [dismantled] all the allegations and 'evidence' against him as 'defy[ing] common sense' and not credible."

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