The Contempt of Court Buck Stops With … Kristi Noem?
INSIDE: Emil Bove ... Elissa Slotkin ... Eric Swalwell
A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.
Not Buying it for One Hot Second
For the first time, the Trump administration has provided a federal judge with a list of lawyers and officials it claims were involved in defying an emergency court order that blocked deportations under the Alien Enemies Act while they were underway in mid-March.
The new filing in the original Alien Enemies Act case in Washington, D.C., came as U.S. District Judge James Boasberg resumes a criminal contempt of court inquiry to determine who was responsible for violating his order. When Boasberg ordered the deportations halted and the planes turned around, more than 100 Venezuelan men were en route to El Salvador, where they would remain imprisoned at the notorious CECOT facility for months before being repatriated to Venezuela.
In providing the names of the officials from the Justice Department and Department of Homeland Security, the administration is making its first real representations about who was involved and who was ultimately responsible for proceeding despite Boasberg’s order. But given how frequently its representations to the court in this case in particular have been misleading, incomplete, or downright false, it’s worth taking its initial cast of characters with a grain of salt.
Specifically, the administration places ultimate responsibility for the decision to deplane the Venezuelan men in El Salvador on DHS Secretary Kristi Noem. Perhaps. But making Noem the final decision-maker also serves to shield the Trump White House from scrutiny for its involvement in one of the most serious second-term clashes between the executive and judicial branches. No White House officials are listed in the administration’s new filing.
Nothing about the conduct of the Trump II White House would suggest that Noem was running the Alien Enemies Act operation herself, let alone out there freelancing on her own. As TPM has reported, the Alien Enemies Act operation had been underway for months before President Trump secretly signed the AEA proclamation, all with the clear intent of bypassing judicial scrutiny until the deportations were a fait accompli.
“We wanted them on the ground first, before a judge could get the case, but this is how it worked out,” a senior administration official told Axios on March 16, in a report that said White House Deputy Chief of Staff Stephen Miller “orchestrated” the process in the West Wing in tandem with Noem.
The AEA deportations were one of the White House’s first major moves in its mass deportation scheme, the signature initiative of President Trump’s second term. But we’re supposed to believe that the buck stopped with … Kristi Noem.
The Administration Witness List
Here’s the full list of potential witnesses mentioned in the administration’s filing in the contempt of court inquiry:
Deputy Assistant Attorney General Drew Ensign
Deputy Attorney General Todd Blanche
Principal Associate Deputy Attorney General Emil Bove
DHS Acting General Counsel Joseph Mazzara
Secretary of Homeland Security Kristi Noem
The ACLU Witness List: Emil Bove et al
Morning Memo mused last week whether now-Judge Emil Bove of the Third Circuit Court of Appeals would be called to testify in the contempt of court inquiry. Bove appears on both the administration’s and the ACLU’s potential witness list.
The ACLU’s full list, which it says came entirely from the whistleblower disclosure of fired DOJer Erez Reuveni:
Former Acting Deputy Director of the Office of Immigration Litigation Erez Reuveni
Deputy Assistant Attorney General Drew Ensign
Former Acting Director of Office of Immigration Litigation August Flentje
Counselor to the Deputy Attorney General James McHenry
Associate Deputy Attorney General Paul Perkins
Senior Counselor to the Secretary of Homeland Security James Percival
Acting General Counsel for the Department of Homeland Security Joseph Mazzara
Former Acting Assistant Attorney General (now Principal Deputy Assistant Attorney
General) Yaakov RothFormer Principal Associate Deputy Attorney General Emil Bove
Venezuela Watch
NYT: Satellite Data Reveals How the U.S. Navy Is Deployed Near Venezuela
The Guardian: US justice department memo about boat strikes diverges from Trump narrative
NYT: What the Pentagon’s Attack Videos Reveal About the Boat Strikes at Sea
The Retribution: Lawful Orders Edition
The new retribution campaign against congressional Democrats is inextricably intertwined with President Trump’s saber-rattling toward Venezuela, and in particular his lawless campaign of lethal strikes on the high seas. It was in part because of the attacks on alleged drug-smuggling boats that Democrats with military and intelligence backgrounds reminded service members that they’re not obligated to follow illegal orders.
In a reaction that bears all the hallmarks of a performative lashing-out by deputy White House chief of staff Stephen Miller, the administration has lobbed baseless charges of sedition against the Democratic lawmakers, with President Trump accusing them of being traitors who should executed.
The Pentagon targeted Sen. Mark Kelly (D-AZ), a former Navy captain, with threats of returning him to active duty to court-martial him. The White House is now also abusively using the FBI by dispatching it to interview the Democratic members involved in the video. Sen. Elissa Slotkin (D-MI) said the FBI’s Counterterrorism Division “appeared to open an inquiry into me.”
The FBI has reportedly approached Capitol Police about interviewing the lawmakers, who enjoy not just the Constitution’s First Amendment protections but also the shelter of the Speech or Debate Clause.
Like the Russians Didn’t Already Know How to Play Trump
U.S. special envoy Steve Witkoff coached Vladimir Putin’s top foreign policy aide on how to use flattery to sell Russia’s “peace” plan to President Trump, according to a recording of their Oct. 14 call that was obtained by Bloomberg.
Swalwell Goes on the Offensive
Rather than waiting around to see if he’ll be a target of one of President Trump’s vindictive prosecutions, Rep. Eric Swalwell (D-CA) filed a federal lawsuit in Washington, D.C., against Bill Pulte, the renegade head of the Federal Housing Finance Agency, for allegedly rifling through Swalwell’s personal mortgage records.x
Swalwell is one of several prominent Democrats whom Pulte has referred for criminal charges based on specious claims of mortgage fraud that he’s ginned up using his position at FHFA. Pulte is also the chairman of Fannie Mae and Freddie Mac, which along with FHFA, are also named as defendants in the lawsuit.
In the lawsuit, Swalwell alleges that the defendants violated the Privacy Act and illegally retaliated against him for exercising his rights under the First Amendment.
Indiana Redistricting Is Back On
In a sharp reversal, Indiana GOP lawmakers will now reconvene in December to consider the mid-decade redistricting being pushed by President Trump.
The Destruction: Fox in Henhouse Edition
Former Rep. Ralph Abraham (R-LA) — who as Louisiana’s surgeon general halted the state’s mass vaccination campaigns — has been quietly installed as the No. 2 official at the CDC.
The Corruption: Belated Revelation Edition
After dragging his feet for a year, President Trump finally fulfilled his promise to release the names (but not the amounts) of the 46 individual donors to his presidential transition. Trump eschewed federal transition funding because of the ethical requirements attached, but pledged to reveal the donors to his privately funded transition. Now he has.
It Was an Age of Excess
Trump is reportedly in disagreement with his architect over how big, garish, and obtrusive his new White House ballroom should be, “reflecting a conflict between architectural norms and Trump’s grandiose aesthetic,” the WaPo reports.
Happy Thanksgiving!
This is the first Thanksgiving since the death of my old friend Paul Johnson, whose widely published recipe for turkey gumbo I’ll be using Friday. My son, Paul’s nephew, sent me this text last month that turned into a reflection on cooking, repetition, and memory:
I have a wooden spoon of Pableaux’s, and he lives in the asymmetric wear in the spoon’s bowl from him stirring right-handed. The left side of the neck of the spoon is splintered from being knocked against the edge of the pot to keep it from dripping onto the counter. I have 3 9” cast iron pans in my kitchen (one from each parent and one from Pableaux). The one I got from you, dad, is the same exact model as the one I inherited from Pableaux. When I helped Pableaux cook for his Red Beans Roadshow in 2016(17?), he showed me how he cooks his cornbread most of the way before taking the skillet out of the oven, flipping the whole loaf like a pancake, and catching it back in the skillet before topping it with butter and putting it back in the oven to finish cooking. The butter would pour out of the pan when the bread was turned out and dribble down its side, and after what I can only imagine was hundreds of iterations, a thick, bubbly crust of carbonized butter has built up on the left side of the pan, 90 degrees from the handle, right where a right-handed cook would let it dribble out. These are the places where I find Pableaux.
May you add another crusty layer to your own well-worn Thanksgiving traditions.
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Thank you for the memories stored in pots and utensils. May we all create more loving pot memories for own beloved families, however we name them.
Thank you for revisiting the tributes to your beloved friend Pableaux. How you must miss him. How you must cherish his memory.