The government has cited national security concerns to avoid revealing flight details but admitted the information likely wasn’t classified. Boasberg challenged this, asking why such info wasn’t shared privately with the court. “Can you think of one instance where the state secrets privilege was invoked using unclassified info?” he asked. “Pretty sketchy,” he remarked.
Ensign named DHS and State Department officials who were notified of the order, writing their names for the court. The hearing comes amid broader legal battles over Trump’s use of the Alien Enemies Act, with another session scheduled for Tuesday to address a preliminary injunction request from plaintiffs.
