American Oversight Sues DOJ for Video of Venezuelan Nationals’ Removal to El Salvador in Reported Defiance of Court Order

Thursday, American Oversight filed suit against the Department of Justice (DOJ) in the U.S. District Court for the District of Columbia seeking the release of photographs and audio/video recordings of the March 2025 removals of Venezuelan nationals to El Salvador. The removals were carried out under President Trump’s unprecedented invocation of the Alien Enemies Act and reportedly proceeded despite a federal court order blocking them.

The records in question and related metadata could help corroborate whistleblower allegations that then-Principal Associate Deputy Attorney General Bove told DOJ attorneys the removals would happen “no matter what” and pressured them to ignore any court orders halting the removals.

“Trump Administration officials — including Emil Bove, who has since been confirmed to a lifetime seat on the federal bench — are alleged to have ignored a court order and forcibly sent people to a notorious foreign prison, stripping them of their due process. These are human beings whose freedom and dignity were on the line, and the public deserves to know the full truth of what happened. The Justice Department cannot just bury evidence or ignore the law to cover its tracks,” said Chioma Chukwu, Executive Director of American Oversight. “If the DOJ is allowed to stonewall here, it signals to every corner of government that misconduct can be hidden without consequence. Transparency isn’t optional in a democracy — without it, accountability collapses and there is no public trust.”

The nonpartisan watchdog’s lawsuit cites the DOJ’s failure to process its FOIA request for photos and audio/video recordings of the removal flight on an expedited basis ahead of Bove’s confirmation to the Third Circuit Court of Appeals, and seeks to compel the DOJ to process the requests on an expedited basis and release all non-exempt responsive records.

Additionally, the complaint notes that similar FOIA requests were filed with the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE), which were referred to the DOJ. In July, the DOJ instructed American Oversight to direct its request for ICE records to El Salvador — a foreign government that is not subject to FOIA. The watchdog promptly filed an administrative appeal, which has since been granted.

The records could shed further light on whether Bove and other senior administration officials were engaged in an effort to disregard court orders and violate the constitutional rights of individuals caught up in the mass removals. Federal courts, including the Supreme Court, have already found that these removals violated constitutional due process protections and that Trump’s order was likely an improper use of the Alien Enemies Act.

In a whistleblower complaint, submitted to Congress and the DOJ Inspector General, longtime DOJ attorney Erez Reuveni alleged that Bove, then a high-ranking DOJ official, told DOJ attorneys the removals would happen “no matter what” and pressured them to ignore any court orders halting the removals — explicitly stating the DOJ should consider telling courts “f— you” if injunctions were issued.

Bove claimed in his confirmation hearing for the U.S. Court of Appeals for the Third Circuit that he did not recall making these statements, but Reuveni’s account includes contemporaneous emails and messages, outlining three separate court order violations and a broader culture of political pressure and ethical breaches at the highest levels of DOJ leadership.

Reuveni, who had just been promoted and had previously defended controversial Trump-era immigration policies, said DOJ and White House officials engaged in a coordinated effort to ignore or misrepresent facts in court, mislead judges, and conceal information to facilitate removals despite court orders to the contrary. He described being directed by DOJ officials to support false claims in court, such as labeling Kilmar Abrego Garcia as a terrorist without evidence. He was ultimately fired after refusing, stating, “I didn’t sign up to lie.”

The DOJ’s refusal to release the requested records follows an ongoing pattern of obfuscation by the administration around the removals. In August, DHS informed American Oversight that it can no longer search for text messages belonging to Secretary Kristi Noem and other senior leaders — and that it has not preserved any text messages created since April — timing that appears to coincide with heightened public scrutiny over the wrongful deportation of Kilmar Abrego Garcia.