Courts & Litigation Executive Branch

Lawfare Daily: Two Appeals Concerning Alien Enemies Act Removals in Apparent Defiance of a Court Order

Roger Parloff, Lee Gelernt, Jen Patja
Tuesday, September 22, 2026, 7:00 AM
The chief ACLU litigator on Alien Enemies Act cases, Lee Gelernt, discusses two upcoming D.C. CIrcuit arguments.

Lee Gelernt, the chief ACLU litigator on Alien Enemies Act cases, speaks to Senior Editor Roger Parloff about two upcoming DC Circuit arguments he’ll be making relating to the March 15, 2025, removals of 137 Venezuelans under the Alien Enemies Act.

In one, the en banc court will grapple with whether to permit Judge James Boasberg to conduct fact-finding on whether to seek contempt charges against high-level Trump administration officials, including current Attorney General Todd Blanche and current U.S. Court of Appeals Judge Emil Bove.

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Roger Parloff is a journalist based in Washington, D.C. For 12 years, he was the main legal correspondent at Fortune Magazine. His work has also been published in ProPublica, The New York Times, New York, NewYorker.com, Yahoo Finance, Air Mail, IEEE Spectrum, Inside, Legal Affairs, Brill’s Content, and others. An attorney who no longer practices, he is the author of "Triple Jeopardy," a book about an Arizona death penalty case. He is a senior editor at Lawfare.
Lee Gelernt is a lawyer at the ACLU’s national office in New York. He is the deputy director at the ACLU Immigrants’ Rights Project.
Jen Patja is the editor of the Lawfare Podcast and Rational Security, and serves as Lawfare’s Director of Audience Engagement. Previously, she was Co-Executive Director of Virginia Civics and Deputy Director of the Center for the Constitution at James Madison's Montpelier, where she worked to deepen public understanding of constitutional democracy and inspire meaningful civic participation.
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