The full D.C. Circuit heard arguments over whether a federal judge may continue investigating who authorized deportation flights that proceeded after he ordered them halted. The court did not rule from the bench, leaving the inquiry on hold while the appeal remains unresolved.
The September 29 en banc hearing concerned Judge James Boasberg’s criminal-contempt inquiry into the transfer of Venezuelan migrants to El Salvador in March 2025 under the Alien Enemies Act. The government argues that the inquiry exceeds a district judge’s authority and intrudes on executive decision-making. Lawyers for the migrants say a court must be able to determine whether its order was disobeyed and who was responsible before deciding whether a contempt referral is warranted.
The dispute reaches beyond the fate of the inquiry. It asks how far a court may go to establish the facts behind an alleged violation of its own order when the conduct under examination involves senior executive officials. An earlier three-judge panel had blocked the investigation; the full court later took up the matter for rehearing.
The en banc court’s decision is pending. The official advisory identifies the case as In re: Donald J. Trump, No. 25-5452, and confirms that an audio recording of the argument is available.
Official D.C. Circuit advisory and argument details
