Boasberg Orders Reuveni and Ensign to Testify on the Transfer Decision; D.C. Circuit Administratively Stayed the Order December 12

On December 8, 2025, Chief Judge James Boasberg ordered that Plaintiffs attempt to secure the presence of Erez Reuveni for testimony on December 15, 2025, at 9:30 a.m., and that the Government produce Drew Ensign for testimony on December 16, 2025, at 2:00 p.m. His order described the declarations the Government had submitted as “cursory declarations” from Secretary Kristi Noem and attorneys who advised her, said that the Court “cannot at this juncture find probable cause” that Noem’s actions constituted criminal contempt, and called a referral for prosecution “premature.”

On December 12, 2025, the Court denied the Government’s motion to reconsider. The same day, a D.C. Circuit panel ordered the December 8 order administratively stayed “pending further order of the court,” and said the stay “should not be construed in any way as a ruling on the merits.”

On April 14, 2026, the panel granted mandamus and vacated the December 8 order. On Jun 22, 2026, the full court ordered that its April 14, 2026 order “be vacated” and reheard the case en banc; see 2026-04-14–dc-circuit-mandamus-kills-boasberg-contempt-inquiry-blanche-bove.