一名联邦法官周一就特朗普政府是否故意违反法院命令举行了“事实调查”听证会移交超过200名所谓的帮派成员周末向萨尔瓦多当局告诉DOJ律师，他们认为可以无视他的命令是“见鬼的延伸”。
美国地区法官詹姆斯·博斯伯格(James Boasberg)在周六的听证会上发出口头指示，要求政府好转任何已经离开这个国家的飞机，如果它们还在空中的话。然而，消息人士称，政府中的高级律师和官员做出决定，因为这些航班是在国际水域上空，博斯伯格的命令不适用，飞机没有掉头。
博阿斯伯格的口头指示伴随着一项临时限制令，该限制令阻止特朗普政府驱逐目前在押的非公民，该法官在特朗普试图援引18世纪的《外国敌人法》驱逐委内瑞拉帮派Tren de Aragua的涉嫌成员不到两小时后发布了该限制令。
副总检察长Abhishek Kambli周一在法官Boasberg thay召开的“事实调查”听证会上辩称，法官周六晚上关于航班返航的指令直到当晚晚些时候以书面形式提交后才生效。
“你早上就知道下午5点会有一场听证会，所以你在那段时间或那段时间乘坐的任何飞机，你都知道我会参加听证会，”法官回答道。“所以当我直接说让那些飞机掉头时，我的书面命令更简洁，可以忽略这一点的想法，是一种延伸。”
司法部的律师拒绝提供有关特朗普政府最近根据《外国敌人法》驱逐出境的任何额外信息，认为披露这些信息是“国家安全和外交关切”。
坎布利坚称，特朗普政府遵守了法院的书面命令，但没有提供额外的信息来支持这一说法，然后提供了看似矛盾的辩护，并辩称特朗普作为总统的权力范围使免职合法。
“一旦它们进入国际水域，总统就拥有《外国敌人法》之外的权力，而《外国敌人法》不会受制于任何一项命令，”卡姆布利说。
“我的衡平法权力很清楚，它们不会在水边失效，”博斯伯格回答道。
然而，Kambli一再拒绝提供更多信息来支持他的说法，坚称这些信息会危及国家安全。
“我被授权提供的信息是，在书面命令下达后，没有一架飞机从美国起飞，”卡姆布利说。
博斯伯格法官曾监管美国外国恐怖分子驱逐法庭，他反驳了不能向法庭透露信息的观点。
“不向我披露的依据是什么?”他说。
“法官阁下，这是基于对飞行模式等国家安全问题的考虑，”卡姆布利说。
博斯伯格命令DOJ在周二中午之前提交一份宣誓声明，说明他们在周一提交的文件中所代表的内容——在他周六发出书面命令后起飞的第三架飞机载有根据《外国敌人法》以外的理由可以转移的被拘留者。
他说，他将在周五举行另一场听证会，禁止上诉法院暂停诉讼。
在听证会之前，DOJ的律师在周一的法庭文件中辩称，法院应该取消听证会，因为他们不认为他们违反了法院的命令，他们不准备向原告或公众提供任何进一步的操作安全或国家安全细节。
司法部律师随后要求巡回法院介入并停止听证会，并将案件分配给不同的法官，但听证会按计划进行。
DOJ最高领导层在一份文件中写道，“口头指令不能作为强制令执行”-声称政府没有违反任何命令，因为在法庭上于美国东部时间周六下午6点46分发布的口头指令不在美国东部时间下午7点25分提交的书面指令中。
在周日晚间提交的一份法庭文件中，美国公民自由联盟(ACLU)和民主前进基金会(Democracy Forward Foundation)的律师认为，特朗普政府可能已经“公然违反”了法院的指令，好像该命令只适用于美国领空的航班和美国领土上的个人。
“法庭口头上明确无误地指示政府让任何载有根据AEA公告被驱逐人员的飞机掉头，”该文件称。
司法部的律师在周日的一份法庭文件中坚持认为，在法院发布命令之前，他们根据特朗普的《外国敌人法》公告清除了“帮派成员”。
然而，代表一些移民的律师认为，这一主张不仅与美国宪法相冲突事件时间表而且当美国失去对非公民的管辖权时也会引起误解。
“无论飞机是否已经离开美国领土，美国至少在飞机降落和这些人被移交给外国政府之前保留拘留权，”原告的文件称。“法院非常清楚地表明，它担心的是如果这些人被移交给外国政府，它将失去下令遣返这些人的管辖权和权力，而不是飞机是否已经越过美国领土，甚至已经在另一个国家降落。”
原告律师表示，根据公开信息，根据《外国敌人法》，似乎有两架载有移民的航班是在法院发出口头和书面命令后降落的。他们补充说，“被告和萨尔瓦多总统的公开评论”吹嘘法院“太晚”停止驱逐，这加剧了人们对特朗普政府可能违反命令的担忧。
律师们辩称:“被告本可以让飞机掉头，而无需交出受公告和本法院(临时限制令)约束的个人。”。
发现驱逐出境将造成不可挽回的伤害，博阿斯伯格周六的临时限制令禁止特朗普政府在至少14天内驱逐“所有受AEA公告管辖的非公民”。
博阿斯伯格在周六的听证会上说:“你应该立即通知你的客户，任何载有这些人的飞机将要起飞或在空中需要返回美国。”“不管怎样，这是成功的，让飞机掉头，或者不让任何人登机。...这是你需要确保立即遵守的事情。”
'Heck of a stretch': Judge grills DOJ over Trump deportation flights
A federal judge conducting a "fact-finding" hearing Monday over the whether the Trump administration knowingly violated a court order when ithanded overmore than 200 alleged gang members to El Salvadoran authorities over the weekend told DOJ attorneys it was "heck of a stretch" for them to argue that his order could be disregarded.
U.S. District Judge James Boasberg, in verbal instructions issued during a hearing on Saturday, told the government toturn aroundany aircraft that had already departed the country if they were still in the air. However, sources said top lawyers and officials in the administration made the determination that since the flights were over international waters, Boasberg's order did not apply, and the planes were not turned around.
The verbal instructions from Boasberg accompanied a temporary restraining order blocking the Trump administration from deporting noncitizens currently in custody, which the judge issued less than two hours after Trump attempted to invoke the 18th century Alien Enemies Act to deport alleged members of the Venezuelan gang Tren de Aragua.
Deputy Associate Attorney General Abhishek Kambli argued Monday during a "fact-finding" hearing convened by Judge Boasberg thay the judge's directive on Saturday evening to turn around the flights did not take effect until it was put in writing later that evening.
"You knew in the morning that there would be a hearing at 5 p.m., so any plane that you put into an air in or around that time you knew that I was having a hearing about," the judge responded. "So when I said directly to turn those planes around, the idea that my written order was pithier, that this could be disregarded, that's a heck of a stretch."
Lawyers with the Department of Justice refused to provide any additional information about the Trump administration's recent deportations under the Alien Enemies Act, arguing disclosure of the information "national security and diplomatic concerns."
Kambli insisted that the Trump administration had complied with the court's written order -- but provided no additional information to support the claim -- before offering seemingly conflicting defenses and arguing the breadth of Trump's authority as president made the removals lawful.
"Once that they are in international waters, the president has authority outside of the Alien Enemies Act, which would not have been subject to either order," Kambli said.
"My equitable powers are pretty clear that they do not lapse at the water's edge," Boasberg replied.
Kambli, however, repeatedly refused to provide more information to support his claims, insisting the information would risk national security.
"The information that I am authorized to provide is that no plane took off from the United States after the written order came through," Kambli said.
Judge Boasberg -- who previously oversaw the United States Alien Terrorist Removal Court -- pushed back on the idea that the information could not be disclosed to the court.
"What's the basis for not disclosing it to me?" he said.
"Your Honor, it is based on national security concerns with flight patterns and things of that sort," Kambli said.
Boasberg ordered the DOJ to submit, by noon Tuesday, a sworn declaration of what they represented in a filing Monday -- that a third flight that took off after his written order on Saturday carried detainees who were removable on grounds other than the Alien Enemies Act.
He said he would hold another hearing on Friday, barring any stay on the proceedings from the appeals court.
Prior to the hearing, DOJ attorneys argued in a Monday court filing that the court should vacate the hearing because they do not believe they violated the court's orders, and they are not prepared to provide any further operational security or national security details to the plaintiffs or to the public.
Justice Department attorneys subsequently asked the circuit court to step in and stop the hearing and to assign the case to a different judge, but the hearing proceeded as planned.
Top DOJ leadership wrote in a filing that "an oral directive is not enforceable as an injunction" -- claiming the government not violate any order because the oral directive in court, issued at 6:46 p.m. ET Saturday, was not in the written order that was filed to the docket at 7:25 p.m. ET.
In a court filing late Sunday night, lawyers with the ACLU and Democracy Forward Foundation argued that the Trump administration may have committed a "blatant violation" of the court's directive by acting as if the order only applied to flights in U.S. airspace and individuals on American soil.
"This Court orally and unambiguously directed the government to turn around any planes carrying individuals being removed pursuant to the AEA Proclamation," the filing said.
Lawyers with the Department of Justice insisted in a court filing Sunday that they removed "gang members" pursuant to Trump's Alien Enemies Act proclamation before the court issued its order.
However, lawyers representing some of the migrants argued that assertion not only conflicts with thetimeline of eventsbut also misconstrues when the United States loses jurisdiction of the noncitizens.
"Whether or not the planes had cleared U.S. territory, the U.S. retained custody at least until the planes landed and the individuals were turned over to foreign governments," the plaintiffs' filing said. "And the Court could not have been clearer that it was concerned with losing jurisdiction and authority to order the individuals returned if they were handed over to foreign governments, not with whether the planes had cleared U.S. territory or had even landed in another country."
Plaintiffs' attorneys said that based on publicly available information, it appears that two flights carrying migrants under the Alien Enemies Act landed after the court's verbal and written orders. They added that "public comments made by Defendants and the President of El Salvador" boasting about the court being "too late" to stop the deportations reinforces concerns that the Trump administration may have violated the order.
"Defendants could have turned the plane around without handing over individuals subject to the Proclamation and this Court's [Temporary Restraining Order]," the lawyers argued.
Finding the deportations would cause irreparable harm, Boasberg's temporary restraining order on Saturday barred the Trump administration from deporting "all non-citizens who are subject to the AEA proclamation" for at least 14 days.
"You shall inform your clients of this immediately any plane containing these folks that is going to take off or is in the air needs to be returned to the United States," Boasberg said during Saturday's hearing. "However that's accomplished, turning around the plane, or not embarking anyone on the plane. ... This is something that you need to make sure is complied with immediately."
