Whistleblower letter reveals friction in handling of Abrego Garcia case

GREENBELT, Md. (DC News Now) — The same attorney who admitted in court that Kilmar Abrego Garcia was mistakenly deported has released a slew of emails backing up his whistleblower letter, claiming that a top Justice Department official was willing to outright ignore court orders.

Erez Reuveni, formerly the Acting Deputy Director for the Office of Immigration Litigation, said in a whistleblower complaint from June 24 that he became aware of the Department of Justice’s (DOJ) plans to resist court orders during its deportation efforts.

In the 27-page letter, Reuveni details his experience trying to argue on behalf of the government in three separate cases while refusing to violate laws. After adamantly expressing concerns to his superiors, he said his professional advice was mostly ignored by the DOJ and the Department of Homeland Security (DHS).

His 15-year legal career came to a crossroads when he admitted in court during the Abrego Garcia case that the Maryland resident and El Salvador national was deported in error, due to being granted a protected withholding of removal to his home country.

He believed that, despite the high-profile nature of the case, it would be resolved through a straightforward return of Abrego Garcia to the United States.

In his letter, Reuvini claimed that Abrego Garcia’s wrongful termination was the third “illegal order” that arose in recent months.

The emails between Reuveni and James Percival

Emails between Reuveni and James Percival — senior counsel to Homeland Security Sec. Kristi Noem — revealed that Percival inquired about the possibility of painting Abrego Garcia as an MS-13 leader as part of their defense. To which Reuveni responded with: “If we can get a declaration to the effect, yes.”

Partially redacted emails were sent by U.S. Immigration and Customs Enforcement (ICE) to Reuveni; the ICE member issued a declaration to support Abrego Garcia’s alleged MS-13 status.

The email states he was a “verified member,” but said they would have to do additional digging into whether he was a “leader.” The sender agreed that the Abrego Garcia case was a result of “administrative oversight.”

Various discussions highlighted some officials’ concerns with the MS-13 argument. One state official said that the Tennessee traffic stop, a key source document in these claims, provided little evidence to support the MS-13 claim.

During the 2022 traffic stop, Abrego Garcia was driving a vehicle with nine passengers without any luggage, prompting police to suspect human smuggling. No charges were filed at the time.

Several emails requesting answers on guidance from various DOJ, DHS and Department of Defense (DOD) leaders were ignored or deflected — or resulted in an atmosphere of finger-pointing at other departments. Conflicting orders, miscommunication and disinformation made providing answers to judges challenging.

When Reuveni received a call from Deputy Assistant Attorney General Drew Ensign asking why he didn’t argue the point of Abrego Garcia being deemed a “terrorist” and MS-13 gang leader — therefore nullifying his protected status — Reuveni explained that those arguments weren’t included in the government’s brief, nor had they been proven with substantial evidence.

In his opinion, he was additionally skeptical of the legal legitimacy of an argument that deeming someone a terrorist automatically voided their protected status.

As a result, Reuveni was put on administrative leave on April 5, and his employment was ultimately terminated on April 11.

“These high-level governmental personnel knowingly and willfully defied court orders, directed
their subordinate attorneys to make misrepresentations to courts, and engaged in a scheme to withhold relevant information from the court to advance the Administration’s priority of deporting noncitizens,” the letter reads.

Interaction with Emil Bove

Principal Assistant Deputy Attorney General Emil Bove, who is currently up for a federal appeals court judge position, was called out by the whistleblower, who alleged that Bove was among those leaders encouraging a disregard of the courts.

Bove stressed that the initial planes filled with immigrants after Trump invoked the Alien Enemies Act needed to take off “no matter what.” If the courts issued an order to stop the removals before they happened, Bove stated that DOJ would need to consider telling the courts “f— you” and ignore it, according to the whistleblower’s account.

“Mr. Reuvenie perceived that others in the room looked stunned, and he observed awkward, nervous glances among people in the room,” the 27-page letter read.

The letter explained that he was stunned by Bove’s statement because — as far as he knew — no one in DOJ leadership, in any administration, had ever suggested the department could blatantly ignore court orders.

On June 25, the day after the letter was released, Bove appeared in front of lawmakers regarding his confirmation hearing for the 3rd U.S. Circuit Court of Appeals — firmly denouncing Reuveni’s claims that he defied court orders and asserting he wasn’t Trump’s “enforcer.”

Where is Kilmar Abrego Garcia now?

Abrego Garcia was eventually returned to the U.S. after increasing pressure, escalating all the way up to the Supreme Court, which ordered the government to “facilitate” his return. Initially adopting a broad interpretation of “facilitate,” the Trump administration dragged its feet on Abrego Garcia’s return.

When he was finally back on U.S. soil, the El Salvador native was immediately arrested on human smuggling charges and confined to a Tennessee jail.

While the Trump administration can’t deport him back to his native country, a U.S. immigration official said on Thursday that Mexico and South Sudan might be willing to take him.

If Abrego Garcia is released from jail, Thomas Giles, an assistant director for U.S. Immigration and Customs Enforcement, testified in a Maryland federal court that ICE would detain him.

Abrego Garcia is due back in court on Friday.

Digital Content Producer Gabby Allen contributed to this reporting.