DOJ May Invoke State Secrets Privilege in Showdown With Federal Judge, the Agency Says

Deputy Attorney General Todd Blanche confirmed statements issued by an ICE official this week.

U.S. District Judge James "Jeb" Boasberg in Washington on June 20, 2012. Diego M. Radzinschi/ALM via AP

The Department of Justice (DOJ) is considering invoking its state secrets privilege in its showdown with a federal judge over the invocation of the Alien Enemies Act and deportation of illegal immigrants, a high-ranking DOJ official said in a new court filing submitted Friday.

Deputy Attorney General Todd Blanche, a former criminal defense lawyer for President Donald Trump, confirmed a statement issued by Robert Cerna, a U.S. Immigration and Customs Enforcement (ICE) official, in court papers filed earlier this week in the case that Cabinet secretaries under Trump “are currently actively considering whether to invoke the state secrets privilege.”