Goodman & Weissmann video discussion: New U.S. court filing shows military flight from Guantanamo to El Salvador apparently breached court's order
The court ordered deportations halted until detainees could vindicate torture claims. The government sent them anyway.
Hi all—
I thought to share a discussion I had with Andrew Weissmann about the unfolding developments in DVD v. Department of Homeland Security, a case that hasn’t gotten much national attention but raises urgent due process and constitutional concerns. Andrew posted the conversation to his Substack, and I’ve embedded the link below so you can listen or watch directly. It’s a striking example of the legal questions now emerging in multiple federal courts—and why this case, in particular, deserves your attention.
We analyze a significant government admission in a court filing on Wednesday night. It appears to show a willful violation of the district court’s ordering the government to halt deportations to El Salvador “UNLESS and UNTIL” (the district court uses all caps) detainees receive notice they’re being sent there (if they are not Salvadoran) and have an opportunity to apply to an immigration court if they believe they’re at risk of torture. The government appears to have deported them anyway.
Here’s the video:
You can also check out my further written analysis of this situation at Just Security, here: How March 31 Military Flight of Venezuelan Nationals to El Salvador Most Likely Violated Court Order.
Here are the relevant documents:
Court’s temporary restraining order of March 28
Government’s filing and ICE official’s affidavit of April 23
DHS Memorandum of Understanding with DOD on Guantanamo of March 7
As a reminder subscribing to the Just Security Substack is free and all content is available to all readers.
Ryan





What is it going to take to stop this? Seems like regime is doing whatever it wants w no consequences. Courts move too slow… “ might” be in contempt? Let’s hold weeks worth of hearings to decide, then do nothing or have T pardon them anyway! In the meantime, these people are suffering and maybe being trafficked or killed!
Thanks Andrew and Ryan for a clear and detailed explanation! I wish the government would develop some scruples and moral conscientiousness!