The Lawfare Podcast Lawfare Live: Debriefing the D.C. Circuit's Argument Over Contempt Inquiry
Sep 29, 2026
Anna Bower, a legal analyst focused on criminal law and executive power; Molly Roberts, a journalist covering courts and national security; and Roger Parloff, a federal courts and constitutional litigation specialist, unpack the D.C. Circuit’s hearing over the Venezuelan deportations. They explore alleged defiance of Judge Boasberg’s orders, mandamus, separation of powers, courtroom dynamics, Rule 42 contempt proceedings, and the officials who may face scrutiny.
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The Secret Flights That Triggered The Case
- In March 2025, Venezuelan detainees were secretly prepared for removal under the Alien Enemies Act, prompting emergency legal action.
- Lawyers learned of an alleged DOJ directive that planes had to depart despite a judge’s possible order.
The Order The Planes Ignored
- Judge Boasberg issued a class-wide oral order barring officials from deplaning the Venezuelans in El Salvador.
- Government lawyers warned officials repeatedly, but the planes departed during a courtroom recess.
The Written Order Ambiguity Defense
- DOJ and DHS built their defense around an alleged ambiguity between “removal” and surrendering custody to El Salvador.
- The panel discussion emphasized that officials appeared to understand the order but later relied on a textual distinction.