The Department of Justice met its deadline to inform a federal court about Cabinet-level discussions regarding the possible invocation of the state secrets privilege in a case concerning deportation flights of suspected Venezuelan gang members.
Deputy Attorney General Todd Blanche notified U.S. District Judge James E. Boasberg on Friday that he has been directly involved in Cabinet-level discussions about the state secrets privilege.
Boasberg is seeking more information about three flights that departed the U.S. on Saturday — after President Donald Trump invoked the Alien Enemies Act.
Invoking the state secrets privilege could allow the government to withhold information from the court on national security grounds.
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On Saturday, Boasberg verbally ordered the flights to return and later issued a written order barring further removals under the president’s proclamation for at least two weeks.
Acknowledging that discussions about the state secrets privilege are ongoing was just one deadline the DOJ had to meet. The next is on March 25, when the DOJ must inform the court whether it will invoke the privilege. It will also have to explain why it believes allowing the flights to leave the U.S. did not violate the judge's orders.
El Salvador President Nayib Bukele said 238 suspected gang members from the flights arrived in his country over the weekend and were transferred to the "Terrorism Confinement Center," where they will reportedly be held for a year.
