D.C. Circuit Judges Show Openness to Continuing Noem-Related Contempt Probe

On Tuesday, the full U.S. Court of Appeals for the D.C. Circuit heard arguments suggesting it may permit Chief District Judge James Boasberg to resume a criminal contempt investigation linked to deportation flights that transferred Venezuelan migrants to El Salvador. The case stems from accusations that a court order was willfully ignored, and the appellate court is reconsidering an earlier split-panel ruling that stopped the inquiry on grounds of executive-branch authority.

Judges probed whether the investigation should identify a responsible party before being dismissed, with particular attention to former Homeland Security Secretary Kristi Noem, the attorneys who counseled her, and other officials. Assistant Attorney General Brett Shumate contended the fact-finding should cease, while other judges noted probable cause and the need to pinpoint the individual, whether mid-level or senior. The hearing follows an unusual en banc rehearing after a divided three-judge panel barred the probe, and comes after an amicus brief signed by roughly 200 former judges urging the court to allow the contempt inquiry to proceed.