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Emil Bove, the Department of Justice’s principal associate deputy attorney general, who Donald Trump nominated for the US court of appeals for the third circuit, reportedly said the department “would need to consider telling the courts ‘fuck you’” when it came to orders blocking the deportation of undocumented people.
Former attorney at the justice department, Erez Reuveni, claimed Bove said the agency should violate court orders. In a whistleblower letter to members of Congress first obtained by the New York Times, Reuveni painted the scene of a lawless justice department willingly to defy the courts and fire the people who stood in their way.
“Mr. Reuveni was stunned by Bove’s statement because, to Mr. Reuveni’s knowledge, no one in DOJ leadership - in any Administration – had ever suggested the Department of Justice could blatantly ignore court orders, especially with a ‘fuck you,’” says the letter, written by his lawyers at the Government Accountability Project.
The comments came in the context of Trump invoking the Alien Enemies Act to deport people on removal flights in mid-March, the letter contends, after Bove “stressed to all in attendance that the planes needed to take off no matter what”.
At the time of Bove’s alleged comments, Reuveni, who was in the meeting, said he was in disbelief. But in the three weeks that followed, his disbelief became “a relic of a different time” as the department undermined the courts and rule of law. In three separate cases Reuveni was involved in, he found “internal efforts of DOJ and White House leadership to defy (court orders) through lack of candor, deliberate delay and disinformation”.
Reuveni was a career attorney who had served across multiple administrations for 15 years in the department, including the first Trump administration.
Reuveni says he directly witnessed and reported to his superiors a host of misconduct, including “DOJ officials undermining the rule of law by ignoring court orders; DOJ officials presenting ‘legal’ arguments with no basis in law; high-ranking DOJ and DHS officials misrepresenting facts presented before courts; and DOJ officials directing Mr. Reuveni to misrepresent facts in one of these cases in violation of Mr.Reuveni’s legal and ethical duties as an officer of the court”.
Reuveni had notified the court in the case of Kilmar Ábrego García, the Maryland man erroneously deported to El Salvador who has since returned to the US, that Ábrego García’s deportation had been a “mistake”. He said he refused his superiors’ directive to file a brief to the court that would have misrepresented the facts of the case. He was subsequently put on administrative leave and then terminated on 11 April. Trump administration officials have said Reuveni didn’t “vigorously” or “zealously” defend his client, the United States.
“Discouraging clients from engaging in illegal conduct is an important part of the role of lawyer,” the whistleblower letter says. “Mr. Reuveni tried to do so and was thwarted, threatened, fired, and publicly disparaged for both doing his job and telling the truth to the court.”
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Bove is set for a confirmation hearing on his judicial nomination before the Senate judiciary committee on Wednesday, where the whistleblower’s claims are sure to enter into questioning.
The White House and justice department have denied Reuveni’s claims, according to the New York Times. Todd Blanche, the deputy attorney general and Bove’s boss, called Reuveni’s accounts “falsehoods purportedly made by a disgruntled former employee and then leaked to the press in violation of ethical obligations” and questioned the timing of its release ahead of Bove’s confirmation hearing.
