DOJ Lawyers Removed Over Misconduct in Deportation Case

BySophia Johannson

Two senior Department of Justice attorneys have been placed on administrative leave after one admitted frustration with the administration’s position during a heated federal court hearing over a wrongful deportation. Attorney General Pam Bondi took swift action Saturday, suspending the lawyers just one day after a judge ordered the government to return a mistakenly deported Maryland resident from El Salvador by Monday night.

“Any attorney who fails to abide by this direction will face consequences,” Bondi said in a statement confirming the suspension of Erez Reuveni, acting deputy director for the Office of Immigration Litigation, as reported by USA Today. A second official, August Flentje, Reuveni’s supervisor, was also suspended for “failure to supervise a subordinate,” according to sources who spoke with ABC News.

Photo Source: Gage Skidmore/Pam Bondi/WikipediaCommons

Attorney’s Courtroom Admission Prompts Action

During Friday’s hearing before U.S. District Judge Paula Xinis, Reuveni openly expressed discomfort with the government’s arguments after the judge pressed for details about the deportation of Kilmar Abrego Garcia. “The government made a choice here to produce no evidence,” Reuveni told the court, adding, “My answer to a lot of these questions is going to be frustrating, and I am frustrated.”

This rare display of attorney candor about his own client’s position appears to have triggered the suspensions. Bondi’s statement emphasized that Justice Department attorneys are “required to zealously advocate on behalf of the United States” – suggesting Reuveni’s expressions of frustration with the administration’s handling of the case violated this expectation.

The suspensions came despite the Justice Department’s earlier acknowledgment in court filings that Garcia’s deportation resulted from an “administrative error,” raising questions about whether attorneys are expected to vigorously defend even admittedly mistaken government actions, according to Money Reign.

Judge Orders Immediate Return

Judge Xinis, an Obama appointee, rejected the government’s claim that it lacked jurisdiction to bring Abrego Garcia back because he is now in a foreign country. “If federal authorities were able to strike terms and conditions for his placement in El Salvador, then certainly they have the functional control to unwind the decision – the wrong decision,” she stated during Friday’s hearing.

The 29-year-old Maryland resident was among hundreds deported under President Trump’s invocation of the rarely-used 1798 Alien Enemies Act. Despite having previously secured a court order protecting him from deportation, Abrego Garcia was pulled over by federal immigration agents near his Beltsville home on March 12 and expelled to El Salvador three days later.

The judge also questioned the government’s unsupported assertion that Abrego Garcia belonged to MS-13. “In a court of law, when someone is accused in such a violent and predatory organization, it comes in the form of an indictment, complaint, a criminal proceeding that has then a robust process so that we can assess the facts,” she said. “I haven’t heard that from the government.”

Appeal Despite Admitted Error

Despite acknowledging the deportation was a mistake, the administration has appealed Judge Xinis’s decision to the 4th Circuit Court of Appeals. The unusual move creates the paradoxical situation where the government continues to fight against correcting an error it has already admitted making.

Legal observers note that Reuveni’s suspension appears to send a message to other Justice Department attorneys about the consequences of publicly questioning administration positions. The case highlights tension between attorneys’ professional obligations to both represent their client zealously and maintain candor toward the tribunal.

The appellate brief submitted Saturday morning bears Flentje’s electronic signature, despite his already having been placed on administrative leave. This procedural irregularity further underscores the hasty nature of the suspensions and the administration’s determination to challenge the return order despite acknowledging the underlying error.

Photo Source: jetcityimage2/DepositPhotos

Monday Deadline Approaches

With the court’s deadline of 11:59 p.m. Monday rapidly approaching, it remains unclear whether Abrego Garcia – currently held in what Judge Xinis described as a “violent El Salvador prison” – will be returned to U.S. soil as ordered. The case has drawn national attention as a test of executive branch compliance with judicial orders and willingness to correct acknowledged mistakes in deportation proceedings.

Immigration advocates point to the case as evidence of the risks inherent in expedited deportations, while the administration’s supporters defend the need for aggressive enforcement against alleged gang members. Meanwhile, the suspended attorneys face uncertain professional futures after being caught between zealous advocacy and acknowledgment of government error.

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