Invoking the Alien Enemies Act of 1798 the Department of Justice refuses to disclose to the Chief
Judge of the District of Columbia federal trial court the details of the flights transporting arrested Venezuelans asserted to be members of a criminal gang.
The United States District Judge - James Boasberg [^above^] - ordered the flights to be turned back. The United States failed and refused to comply.
NOTICE INVOKING STATE SECRETS PRIVILEGE
The Executive Branch hereby notifies the Court that no further information will be provided in response to the Court’s March 18, 2025 Minute Order based on the state secrets privilege and the concurrently filed declarations of the Secretary of State and the Secretary of Homeland Security. This is a case about the President’s plenary authority, derived from Article II and the mandate of the electorate, and reinforced by longstanding statute, to remove from the homeland designated terrorists participating in a state-sponsored invasion of, and predatory incursion into, the United States.
The Court has all of the facts it needs to address the compliance issues before it. Further intrusions on the Executive Branch would present dangerous and wholly unwarranted separation-of-powers harms with respect to diplomatic and national security concerns that the Court lacks competence to address.
Accordingly, the states secrets privilege forecloses further demands for details that have no place in this matter, and the government will address the Court’s order to show cause tomorrow by demonstrating that there is no basis for the suggestion of noncompliance with any binding order.
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