Trump Officials Weigh ‘State Secrets Privilege’ on Deportations/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ The Trump administration is weighing whether to invoke the “state secrets privilege” to avoid disclosing details about deportation flights of Venezuelan immigrants to El Salvador. A federal judge demanded answers or a formal claim of national security risk, prompting legal tension. The administration argues judicial overreach, as critics raise concerns over transparency.
Deportation Flights Debate: Quick Looks
- Trump administration may invoke “state secrets privilege” over deportation flight details
- Judge James Boasberg ordered the government to justify secrecy or face possible contempt
- Flights carrying Venezuelan immigrants continued despite a verbal judicial order
- DOJ claims only written orders apply, not oral rulings from the bench
- The deportations were conducted under an obscure 18th-century wartime law
- Trump allies push for Boasberg’s impeachment; Chief Justice Roberts defends judicial independence
- Friday’s hearing in Washington could escalate legal and political tensions
Trump Officials Weigh ‘State Secrets Privilege’ on Deportations
Deep Look
Trump Administration Considers ‘State Secrets Privilege’ in Response to Court Order on Deportation Flights
Top officials in the Trump administration are engaged in internal discussions over whether to invoke the rarely used “state secrets privilege” to avoid disclosing information about deportation flights carrying Venezuelan immigrants to El Salvador. The disclosure came in a court filing Friday morning, ahead of a scheduled hearing in a federal courtroom in Washington, D.C.
The Justice Department informed Chief Judge James Boasberg that “ongoing Cabinet-level discussions” were underway to determine whether releasing more details about the deportation flights would pose a threat to national security. In a sworn statement, Deputy Attorney General Todd Blanche indicated that a final decision had not yet been reached.
Judge Boasberg previously ordered the administration to provide further explanation for the flights or formally assert that releasing such information would endanger classified government operations. The administration has so far resisted the demand, characterizing it as an “unnecessary judicial fishing expedition.” Boasberg rejected that argument and called the administration’s limited response “woefully insufficient,” raising the possibility of contempt charges against senior officials.
The legal battle centers on the Trump administration’s controversial use of an 18th-century wartime statute to authorize the transfer of hundreds of Venezuelan immigrants to El Salvador. The flights gained national attention after several deportation planes were in the air on March 15 when Boasberg issued an oral order temporarily halting the transfers. The judge ordered the planes to return to the United States.
The Justice Department has argued that Boasberg’s oral instructions were not legally binding and that only a written court order would apply. Furthermore, the administration contends that flights already in the air were exempt from any subsequent orders issued after takeoff.
The case has intensified partisan tensions. Trump and some Republican lawmakers have responded by calling for the impeachment of Judge Boasberg, who was appointed to the federal bench by President Barack Obama. In a rare public comment on the matter, Chief Justice John Roberts pushed back, stating that “impeachment is not an appropriate response to disagreement concerning a judicial decision.”
The hearing scheduled for Friday afternoon may determine whether the court will compel the Trump administration to release information or accept a claim that such disclosures would compromise national security interests.
At stake are not only the specifics of the deportation program but broader questions about the limits of executive authority, the role of the judiciary in overseeing national security claims, and the rights of individuals subject to removal from the U.S.
The administration’s consideration of the “state secrets privilege”—a doctrine that allows the government to withhold evidence from court proceedings if disclosure would harm national defense—is expected to set up a significant legal test. Historically, courts have been hesitant to override such claims but have also required a strong factual basis for invoking the privilege.
As the debate unfolds, legal scholars and immigrant rights advocates are closely watching how the courts will balance government secrecy with judicial oversight and accountability, particularly in a politically charged environment leading up to a presidential election year.
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