Fact Check Analysis: Trump administration invoking state secrets privilege over deportation flight information sought by federal judge




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Investigating Deportation Flights and Judicial Orders

The article published by CNN reports on the Trump administration’s invocation of the state secrets privilege in response to a federal judge’s inquiry into deportation flights. A user has specifically asked whether deportation flights continued after Judge James Boasberg issued temporary restraining orders blocking Trump’s use of the Alien Enemies Act.

Historical Context of Deportation Flights

The use of deportation flights has long been a subject of legal and political debate, particularly during administrations emphasizing strict immigration control. The Alien Enemies Act, a centuries-old measure, has historically been invoked in times of conflict or heightened security concerns. The controversy in this case stems from whether the administration defied a court’s order by continuing deportations after the judge temporarily halted them.

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Fact-Checking Key Claims

Claim #1: The Trump administration violated a judicial restraining order by continuing deportation flights on March 15

The article states that the administration “appeared to have violated” Judge Boasberg’s order by allowing two deportation flights to continue on the evening of March 15. However, it does not provide conclusive proof of a violation. Judge Boasberg issued the restraining orders on the same day, but the exact time the flights departed is unclear. Without evidence confirming whether the flights were in the air before or after the order was issued, the claim remains unverified.

Claim #2: The Department of Justice argued that state secrets privilege justified withholding flight details

This claim is accurate. The article correctly quotes DOJ officials, who stated that disclosing timing details about the flights could harm national security and diplomatic relations. The Justice Department filing explicitly mentioned that “further intrusions” could risk foreign partnerships and operational security.

Claim #3: The judge requested specific flight timing details, which the Trump administration refused to provide

This claim is also correct. Judge Boasberg sought information on “the exact timing of when the two planes took off” and when the deported individuals left U.S. custody. The DOJ chose to invoke state secrets privilege rather than disclose this information under seal, reinforcing its argument that the court already had sufficient facts to rule on compliance issues.

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Conclusion

The CNN article accurately reports the DOJ’s legal position and the judge’s efforts to assess compliance with his orders. However, its assertion that the administration “appeared to have violated” the order lacks definitive evidence. The timing of the flights relative to the restraining orders remains unclear due to the DOJ’s refusal to release specific details. While the government’s justification for withholding information is accurately presented, the article leaves readers with an unresolved implication of wrongdoing.

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