erez reuveni

Column: Will Trump weaken the federal judiciary with specious accusations against judges?

Last week, Atty. Gen. Pam Bondi, who shows more fealty to President Trump than to the U.S. Constitution she swore to uphold, filed a complaint against the only federal judge who has initiated contempt proceedings against the government for defying his orders.

U.S. District Court Judge James Boasberg, she alleged, had undermined the integrity and impartiality of the judiciary by making “improper public comments” about Trump to a group of federal judges that included Supreme Court Chief Justice John G. Roberts Jr.

What is Boasberg alleged to have said?

No transcript has emerged, but according to Bondi’s complaint, at a March session of the Judicial Conference of the United States, Boasberg is alleged to have expressed “a belief that the Trump Administration would ‘disregard rulings of the federal courts’ and trigger ‘a constitutional crisis.’ ”

The Judicial Conference is the perfect place to air such concerns. It is the policy-making body for the federal judiciary, and twice a year about two dozen federal judges, including the Supreme Court chief justice, meet to discuss issues relevant to their work. Recently, for example, they created a task force to deal with threats of physical violence, which have heightened considerably in the Trump era. But nothing that happens in their private sessions could reasonably be construed as “public comments.”

“The Judicial Conference is not a public setting. It’s an internal governing body of the judiciary, and there is no expectation that what gets said is going to be broadcast to the world,” explained former U.S. District Court Judge Jeremy Fogel, who spent seven years as director of the Federal Judicial Center in Washington, a kind of think tank for the judiciary. I reached out to Fogel because he is part of a coalition of retired federal judges — the Article III Coalition of the nonpartisan civic education group Keep Our Republic — whose goal is to defend the independence of the judiciary and promote understanding of the rule of law.

Bondi’s complaint accuses Boasberg of attempting to “transform a routine housekeeping agenda into a forum to persuade the Chief Justice and other federal judges of his preconceived belief that the Trump Administration would violate court orders.”

You know how they say that every accusation is a confession in Trump World?

A mere four days after Boasberg raised his concerns to fellow federal judges, the Trump administration defied his order against the deportation of Venezuelans to a prison in El Salvador.

You probably remember that one. A plane carrying the deportees was already in the air, and despite the judge’s ruling, Trump officials refused to order its return. “Oopsie,” tweeted El Salvador’s President Nayib Bukele after it landed. “Too late!”

Thus began the administration’s ongoing pattern of ignoring or flouting the courts in cases brought against it. It’s not as if the signs were not there. “He who saves his Country does not violate any law,” Trump wrote on social media in February, paraphrasing Napoleon Bonaparte, the dictatorial 19th century emperor of France.

In June, Erez Reuveni, a career Department of Justice attorney who was fired when he told a Maryland judge the government had deported someone in error, provided documents to Congress that implicated Emil Bove, Trump’s one-time criminal defense attorney, in efforts to violate Boasberg’s order to halt the deportation of the Venezuelans. According to Reuveni’s whistleblower complaint, Bove, who was acting deputy attorney general at the time, said the administration should consider telling judges who order deportations halted, “F— you.”

Bove denied it. And last week, even though other Justice Department whistleblowers corroborated Reuveni’s complaint, Bove was narrowly confirmed by the Senate to a lifetime appointment as a federal appeals court judge.

“The Trump Administration has always complied with all court orders,” wrote Bondi in her complaint against Boasberg. This is laughable.

A July 21 Washington Post analysis found that Trump and his appointees have been credibly accused of flouting court rulings in a third of more than 160 lawsuits against the administration in which a judge has issued a substantive ruling. The cases have involved immigration, and cuts to the federal funding and the federal work force. That record suggests, according to the Post, “widespread noncompliance with America’s legal system.”

Legal experts told the Post that this pattern is unprecedented and is a threat to our system of checks and balances at a moment when the executive branch is asserting “vast powers that test the boundaries of the law and Constitution.”

It’s no secret that Trump harbors autocratic ambitions. He adores Hungarian strongman Viktor Orbán, who has transformed the Hungarian justice system into an instrument of his own will and killed off the country’s independent media. “It’s like we’re twins,” Trump said in 2019, after hosting Orbán at the White House. Trump has teased that he might try to seek an unconstitutional third term. He de-legitimizes the press. His acolytes in Congress will not restrain him. And now he has trained his sights on the independent judiciary urging punishment of judges who thwart his agenda.

On social media, he has implied that Boasberg is “a radical left lunatic,” and wrote, “This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!”

Some of Trump’s lapdogs in the House immediately introduced articles of impeachment (which are likely to go nowhere).

Roberts was moved to rebuke Trump: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” he said in a statement. “The normal appellate review process exists for that purpose.”

Some described his words as “stern.” I found them to be rather mild, considering the damage Trump’s rhetoric inflicts on the well-being of judges.

“It’s part of a longer term pattern of trying to … weaken the ability of the judiciary to put checks on executive power, ” Fogel told me. He is not among those who think we are in a constitutional crisis. Yet.

“Our Constitution has safeguards in it,” Fogel said. “Federal judges have lifetime tenure. We are in a period of Supreme Court jurisprudence that has given the executive a lot of leeway, but I don’t think it’s unlimited.”

I wish I shared his confidence.

Bluesky: @rabcarian
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Trump judicial nominee Emil Bove denies advising lawyers to ignore court orders

A top Justice Department official nominated to become a federal appeals court judge said Wednesday that he never told department attorneys to ignore court orders, denying the account of a whistleblower who detailed a campaign to defy judges to carry out President Trump’s deportation plans.

Emil Bove, a former criminal defense attorney for the Republican president, forcefully pushed back against suggestions from Democrats that the whistleblower’s claims make him unfit to serve on the 3rd U.S. Circuit Court of Appeals. Bove’s nomination has come under intense scrutiny after the whistleblower, a fired department lawyer, claimed in a complaint made public Tuesday that Bove used an expletive when he said during a meeting that the Trump administration might need to ignore judicial commands.

“I have never advised a Department of Justice attorney to violate a court order,” Bove told the Senate Judiciary Committee on Wednesday. He added: “I don’t think there’s any validity to the suggestion that that whistleblower complaint filed yesterday calls into question my qualifications to serve as a circuit judge.”

Bove was nominated last month by Trump to serve on the 3rd U.S. Circuit Court of Appeals, which hears cases from Delaware, New Jersey and Pennsylvania. A former federal prosecutor in the Southern District of New York, Bove was on the defense team during Trump’s New York hush money trial and defended Trump in the two federal criminal cases brought by the Justice Department.

The White House said Bove “is unquestionably qualified for the role and has a career filled with accolades, both academically and throughout his legal career, that should make him a shoo-in for the Third Circuit.”

“The President is committed to nominating constitutionalists to the bench who will restore law and order and end the weaponization of the justice system, and Emil Bove fits that mold perfectly,” White House spokesperson Harrison Fields said in an email.

The whistleblower, Erez Reuveni, was fired in April after conceding in court that Kilmar Abrego Garcia, a Salvadoran man who had been living in Maryland, was mistakenly deported to an El Salvador prison. Reuveni sent a letter on Tuesday to members of Congress and the Justice Department’s inspector general seeking an investigation into allegations of wrongdoing by Bove and other officials in the weeks leading up to his firing.

Reuveni described a Justice Department meeting in March concerning Trump’s plans to invoke the Alien Enemies Act over what the president claimed was an invasion by the Venezuelan gang Tren de Aragua. Reuveni says Bove raised the possibility that a court might block the deportations before they could happen. Reuveni claims Bove used profanity in saying the department would need to consider telling the courts what to do and “ignore any such order,” Reuveni’s lawyers said in the letter.

Deputy Attorney General Todd Blanche called the allegations “utterly false,” saying that he was at the March meeting and “at no time did anyone suggest a court order should not be followed.”

“Planting a false hit piece the day before a confirmation hearing is something we have come to expect from the media, but it does not mean it should be tolerated,” Blanche wrote in a post on X on Tuesday.

Bove has been at the center of other moves that have roiled the Justice Department in recent months, including the order to dismiss New York City Mayor Eric Adams’ federal corruption case. Bove’s order prompted the resignation of several Justice Department officials, including Manhattan’s top federal prosecutor, who accused the department of acceding to a quid pro quo — dropping the case to ensure Adams’ help with Trump’s immigration agenda.

Richer writes for the Associated Press.

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Trump judicial pick suggested ignoring court orders on deportations

A top Justice Department official suggested the Trump administration might have to ignore court orders as it prepared to deport Venezuelan migrants it accused of being gang members, a fired department lawyer alleged in a whistleblower complaint made public Tuesday.

The whistleblower’s claims about Principal Assistant Deputy Atty. Gen. Emil Bove come a day before Bove is set to face lawmakers Wednesday for his confirmation hearing to become a federal appeals court judge.

In a letter seeking a congressional and Justice Department watchdog investigation, the former government lawyer, Erez Reuveni, alleges he was pushed out and publicly disparaged after resisting efforts to defy judges and make arguments in court that were false or had no legal basis.

The most explosive allegation in the letter from Reuveni’s lawyers centers on a Justice Department meeting in March concerning President Trump’s plans to invoke the Alien Enemies Act over what the president claimed was an invasion by the Venezuelan gang Tren de Aragua. Reuveni says Bove raised the possibility that a court might block the deportations before they could happen. Reuveni claims Bove used a profanity, saying the department would need to consider telling the courts “f— you,” and “ignore any such order,” according to the filing.

“Mr. Reuveni was stunned by Bove’s statement because, to Mr. Reuveni’s knowledge, no one in DOJ leadership — in any Administration — had ever suggested the Department of Justice could blatantly ignore court orders, especially with” an expletive, the filing says. In the weeks after the meeting, Reuveni says he raised concerns in several cases about efforts to violate court orders through “lack of candor, deliberate delay and disinformation.”

Reuveni’s claims were first reported Tuesday by the New York Times.

Deputy Atty. Gen. Todd Blanche called the allegations “utterly false,” saying that he was at the March meeting and “at no time did anyone suggest a court order should not be followed.”

“Planting a false hit piece the day before a confirmation hearing is something we have come to expect from the media, but it does not mean it should be tolerated,” Blanche wrote in a post on X.

Reuveni had been promoted under the Trump administration to serve as acting deputy director of the Office of Immigration Litigation after working for the Justice Department for nearly 15 years under both Republican and Democratic administrations.

Reuveni’s firing came after he acknowledged in an April court hearing that a Salvadoran man, Kilmar Abrego Garcia, should not have been deported to an El Salvador prison, and expressed frustration over a lack of information about the administration’s actions. After that hearing, Reuveni says, he refused to sign on to an appeal brief in Abrego Garcia’s case that included arguments that were “contrary to law, frivolous, and untrue.”

“The consequences of DOJ’s actions Mr. Reuveni reports have grave impacts not only for the safety of individuals removed from the country in violation of court orders, but also for the constitutional rights and protections of all persons — citizen and noncitizen alike — who are potential victims of flagrant deliberate disregard of due process and the rule of law by the agency charged with upholding it,” Reuveni’s lawyers wrote.

U.S. District Judge James E. Boasberg in April found probable cause to hold the Trump administration in criminal contempt for violating his order to not deport anyone in its custody under the Alien Enemies Act. Boasberg had told the administration to turn around any planes that already headed to El Salvador, but that did not happen.

The administration has argued it did not violate any orders, saying the court decision didn’t apply to planes that had lready left U.S. airspace by the time Boasberg’s command came down.

Trump nominated Bove last month to fill a vacancy on the 3rd U.S. Circuit Court of Appeals, which hears cases from Delaware, New Jersey and Pennsylvania. He was already expected to face tough questioning before the Senate Judiciary Committee given his role in some of the department’s most scrutinized actions since Trump’s return to the White House in January.

The top Democrat on the committee, Sen. Dick Durbin, said Tuesday that the allegations from Reuveni are part of a “broader pattern by President Trump and his allies to undermine the Justice Department’s commitment to the rule of law.”

“I want to thank Mr. Reuveni for exercising his right to speak up and bring accountability to Mr. Bove,” Durbin said in a statement. “And I implore my Senate Republican colleagues: do not turn a blind eye to the dire consequences of confirming Mr. Bove to a lifetime position as a circuit court judge.”

Democrats have raised alarm about several other actions by Bove, including his order to dismiss New York Mayor Eric Adams’ corruption case that led to the resignation of a top New York federal prosecutor and other senior Justice Department officials. Bove also accused FBI officials of “insubordination” for refusing to hand over the names of agents who investigated the U.S. Capitol riot, and ordered the firings of a group of prosecutors involved in the Jan. 6 criminal cases.

Richer writes for the Associated Press.

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