The Justice Department — in a new court filing — says Homeland Security Secretary Kristi Noem was the official who directed that detainees who were deported be turned over to El Salvador even though a federal district judge had ordered them returned to the United States.

Government lawyers argue in the response to a court order that while United States District Judge James Boasberg had orally mentioned the return of the men who were deported, his written order only barred the government “from removing” detainees.

The Trump administration argues that since the two flights carrying deported individuals were already outside United States territory and airspace there was no reason to try to turn them around.

The filing states that Ms. Noem made her decision after being “formally advised about compliance” by Justice Department leadership and the Homeland Security department’s acting general counsel.

Judge Boasberg is reviving his contempt investigation into administration officials after more than 100 migrants had their deportations continue against his wishes. He claims the government exhibited a “willful disregard” for his commands and determined that there was “probable cause” to initiate criminal contempt proceedings.

The District of Columbia Circuit of the United States Court of Appeals had quashed Judge Boasberg’s criminal contempt order in August. Judge Boasberg says the circuit court has now given him the authority to proceed with the inquiry to determine if there is enough evidence to refer the incident for prosecution.

Judge Boasberg has emerged as one of Mr. Trump’s highest-profile foes on the bench, with the president labeling him a “deranged left wing lunatic” and calling for him to be impeached.

Chief Justice Roberts rejected those calls for impeachment in a rare statement.

The government asserts its right to deport members of Tren de Aragua gang under the 1798 Alien Enemies Act, which delivers the president expansive powers of removal in the case of a “war” or “foreign invasion.” Judge Boasberg blocked the use of that statute, but the Supreme Court overruled him and moved the cases out of his jurisdiction to Texas.

Judge Boasberg is continuing to pursue contempt charges despite no longer presiding over the merits of the case. The Department of Justice denies intentionally disobeying any of Judge Boasberg’s orders and — in its filing — says there is no need for the criminal contempt investigation.

Judge Boasberg plans to receive testimony from a fired U.S. Justice Department attorney who has claimed Trump administration officials ignored court orders as it prepared to deport Venezuelan migrants.
The judge also wants to hear from a deputy assistant attorney general, Drew Ensign, who had said during a March hearing that he wasn’t aware of any plans for deportation flights, Politico reported. Planes were in the air when he made that statement.