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Allegations of Judicial Interference in a DOJ Contempt Inquiry

By Drooid · · How we work

Alleged Contact Between a Trump Official and a D.C. Circuit Judge

Senator Sheldon Whitehouse (D-RI) suggested that a former senior Justice Department official, now a federal appeals judge, may have been contacted by a Trump-era appointee to influence a contempt investigation. Whitehouse described a hypothetical in which the official communicated with Judge Neomi Rao, a D.C. Circuit judge appointed by former President Donald Trump, to secure an administrative stay that kept key facts from the Senate Judiciary Committee and delayed scrutiny of alleged Department of Justice misconduct. Legal analyst Michael Popok, co-host of the “Legal AF” podcast, responded that such interference could lead to criminal consequences.

Judicial Proceedings and Pauses

Chief U.S. District Judge James Boasberg has been overseeing the contempt inquiry, which stems from a March 2025 order halting deportation flights to El Salvador. In April 2025, a panel of Judges Rao and Gregory Katsas, another Trump appointee, issued a pause on Boasberg’s inquiry that lasted more than three months. The Senate confirmed the former Justice official, Emil Bove, to the Third Circuit by a narrow 50-49 vote during that interval. Later, a panel including Rao and Justin Walker ordered Boasberg to end the inquiry, but the full D.C. Circuit reversed that decision in June and scheduled arguments for late September on whether the inquiry could resume.

Senators’ Requests and Responses

Whitehouse, together with Senator Richard Blumenthal (D-CT), sought records of any communications between the judges’ chambers and political appointees at the Justice Department. They also pressed the circuit’s chief judge, Sri Srinivasan, about the stay. According to Whitehouse, the response to their inquiry was “radio silence,” indicating no documented contact.

Implications and Ongoing Inquiry

The allegations raise questions about the independence of the judiciary when political officials are alleged to intervene in ongoing investigations. While no concrete evidence of contact has been publicly released, the senators’ pursuit of records underscores congressional oversight of potential judicial interference. The D.C. Circuit’s upcoming arguments will determine whether Boasberg’s contempt inquiry can proceed, a decision that could shape future checks on executive actions within the justice system.