The U.S. judge whom President Donald Trump has argued should be impeached for blocking him from using wartime powers to deport Venezuelan migrants is set to hear a new lawsuit over administration officials’ use of the messaging app Signal to share highly sensitive military plans.
The Atlantic magazine’s editor-in-chief, Jeffrey Goldberg, who was inadvertently included in the chat, has reported that Defense Secretary Pete Hegseth texted the start time for the planned killing of a Houthi militant in Yemen on March 15 along with details of further U.S. airstrikes.
The revelation that highly sensitive attack plans were shared on a commercial messaging app, possibly on personal cellphones, has triggered outrage in Washington and calls from Democrats that members of Trump’s national security team be fired over the leaks.
The lawsuit was filed on Tuesday by a liberal-leaning government watchdog group, American Oversight, which argued that officials failed to implement measures to prevent the automatic deletion of messages in the Signal chat, in violation of their duties under the Federal Records Act.
The lawsuit seeks a court order declaring their actions unlawful and an injunction requiring Trump administration officials including Hegseth to preserve records and recover any deleted materials to the extent possible.
The administration has not responded to the lawsuit. But officials have said no classified information was shared on Signal, which White House Press Secretary Karoline Leavitt called an approved app loaded onto government phones at the Pentagon, Department of State and Central Intelligence Agency.
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The case was assigned to Boasberg, the chief judge of the U.S. District Court for the District of Columbia, through the court’s usual random assignment process, a court spokesperson said.
The White House and U.S. Department of Justice did not respond to requests for comment.
Boasberg has been at the center of an escalating dispute with the Trump administration, which has raised concerns among the president’s critics about a potentially looming constitutional crisis if the administration defies judicial decisions.
The judge last week instructed Justice Department lawyers to give him a justification for the administration’s failure to return the flights carrying alleged Venezuelan gang members deported to El Salvador on March 15 despite his order blocking such deportations for two weeks.
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The administration has said the deportations were carried out under the 1798 Alien Enemies Act. Justice Department lawyers on Tuesday reiterated their position that the flights did not violate Boasberg’s order.
Trump last week called for Boasberg’s impeachment. That prompted a rare rebuke from Chief U.S. Supreme Court Justice John Roberts, who said in a statement “impeachment is not an appropriate response to disagreement concerning a judicial decision,” which can be appealed.
Republican lawmakers have filed resolutions seeking the impeachment of Boasberg and five other judges who have stymied Trump’s agenda as the White House has continued to ramp up attacks on the judiciary.