Judges Sound Favorable of Possible Kristi Noem Criminal Probe

Judges hearing the case on Tuesday expressed openness to allowing U.S. District Judge James Boasberg to continue his investigation into who may have violated a court order related to deportation flights for Venezuelan migrants to El Salvador. The full appeals court is deliberating whether to overturn a previous ruling that halted Boasberg's investigation, as the majority argued the probe should be stopped to avoid the district court encroaching on executive branch authority.

The outcome could decide whether a criminal contempt inquiry remains active and who may be held responsible, potentially including former Homeland Security Secretary Kristi Noem, the attorneys advising her, or another government official. The judges' questions indicated a concern about ending the investigation without identifying a responsible party.

One judge noted there was already probable cause to believe contempt may have occurred, and Boasberg did not want to refer a case if "it's nobody." The controversy centers around Noem, who was previously identified as the individual who made the final decision on transferring Venezuelan detainees to Salvadoran custody. The government maintains Noem acted after receiving legal advice from administration attorneys, and this advice has become a focal point of the litigation.