DOJ lawyer appeals contempt order, claims it's an improper ruling
A DOJ attorney is appealing a contempt order and $10,000 fine imposed by a federal judge for not complying with a document production request from ICE, claiming the order was improper and threatens hโฆ
A U.S. Department of Justice attorney who serves as a JAG lawyer in Minnesota is asking the 8th Circuit Court of Appeals to overturn a personal contempt order that a federal judge imposed last month for refusing to make ICE comply with a courtโordered production of documents. The judge, U.S. District Judge John Tunheim, held the lawyer in contempt and levied a $10,000 fine, describing the refusal as โwillfulโ and โobstructive.โ The attorney, who apologized in court, says there is โreally not a legal dispute hereโ and that the order was โentirely improper.โ He filed the appeal on Friday, arguing the judge exceeded his authority and that the contempt finding threatens the attorneyโs ability to represent the government.
The dispute grew out of a 2022 lawsuit filed by immigrantโrights groups that challenged ICEโs practice of detaining individuals on โdetainerโ requests without a hearing. The court ordered ICE to turn over internal communications and logs showing how it handled those requests. The DOJโs JAG lawyer, who was tasked with reviewing the materials, argued that the subpoena ran afoul of nationalโsecurity concerns and attorneyโclient privilege, and he declined to produce the documents. Tunemanโs contempt ruling was the first time a judge has held a government lawyer personally liable for refusing a compliance order in an immigration case. Legal analysts say the case highlights the tension between court oversight of ICE and the governmentโs claim of executive authority.
The appeal will be heard by a threeโjudge panel of the 8th Circuit, which will decide whether the contempt order should be vacated and whether the fine should be lifted. If the panel reverses the ruling, the DOJ may be able to continue withholding the records, potentially limiting future courtโordered disclosures to ICE. If the panel upholds the contempt finding, the government could be forced to produce the documents and face additional penalties for nonโcompliance. The outcome could set a precedent for how aggressively courts can enforce discovery in immigration enforcement matters and may shape the balance of power between the judiciary and the executive in the ongoing debate over ICEโs role.
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