Judge expands criminal contempt probe over deportation flights, saying KRISTI NOEM failed to provide answers

Tuesday, December 9, 2025 -A federal judge has broadened the ongoing criminal contempt investigation into deportation flights, after Homeland Security Secretary Kristi Noem submitted a declaration that the court found inadequate. 

James Boasberg — presiding over the case — said Noem’s sworn statement failed to explain why she allowed the flights carrying Venezuelan detainees to continue to El Salvador, despite his earlier order to halt and redirect them.

As a result, Boasberg ordered that key witnesses — including top Justice Department attorney Drew Ensign and former DOJ lawyer Erez Reuveni — appear in court for live testimony. The judge said that only direct testimony can clarify whether the decision to proceed with the flights constituted a willful violation of his directive.

While the court previously found “probable cause” for criminal contempt, Boasberg held off on referring the matter for prosecution — saying doing so now would be premature without a clearer factual record. 

The intensifying probe underscores the high stakes and renewed scrutiny of the administration’s handling of the March 2025 deportations under the Alien Enemies Act.