Then-former President Donald Trump sits in a courtroom next to his lawyer Emil Bove, left, before the start of the day”s proceedings in the Manhattan Criminal court, Tuesday, May 21, 2024, in New York. (Dave Sanders/The New York Times via AP, Pool).
The Trump administration is violating the Freedom of Information Act (FOIA) by refusing to release documents about President Donald Trump’s former personal attorney and current judicial nominee Emil Bove, a lawsuit filed Thursday in Washington, D.C., alleges.
In a 24-page complaint, American Oversight, a transparency-focused watchdog group, accuses of the federal government of repeatedly violating FOIA laws on numerous occasions over several months.
The lawsuit comes hot on the heels of released internal DOJ communications which purport to show Bove suggested the government might have to consider ignoring court orders related to the deportation of immigrants under the Alien Enemies Act (AEA).
“The American public — and the U.S. Senate — have every right to see the full record of Emil Bove’s potential misconduct before he is considered for a lifetime seat on the federal bench,” American Oversight Executive Director Chioma Chukwu said in a press release announcing the litigation on Thursday morning. “The whistleblower allegations against Bove add to an extremely troubling portrait: a top DOJ official willing to defy court orders, mislead judges, and interfere in criminal prosecutions for political gain. The American people deserve to know how Bove wielded the immense power of his office — and whether he betrayed the rule of law in the process.”
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Bove, currently nominated for a lifetime seat on the U.S. Court of Appeals for the 3rd Circuit, currently serves as Principal Associate Deputy Attorney General and was previously one of Trump’s personal criminal defense attorneys in the Manhattan business records case.
The filing itself alleges DOJ withheld records potentially related to Bove’s alleged involvement in politically motivated prosecutions and firings, defiance of federal court orders, and deportation practices during his tenure as a top official in the U.S. Department of Justice.
“Over the past six months, information has come to light suggesting that Mr. Bove may have violated his ethical obligations and acted to defy the Constitution and the rule of law, including, most recently, reports that he encouraged other DOJ attorneys to defy court orders,” the lawsuit reads. “The U.S. Senate may vote on Mr. Bove’s judicial nomination in mere weeks, as soon as the end of this month.”
The group cites a litany of news reports documenting the “Enforcer”-like role Bove has assumed in the second Trump administration.
From the filing:
On January 27, 2025, Mr. Bove signed a memorandum transferring decision-making authority over sensitive matters at DOJ — including ethics, employee discipline, and release of information sought by inspectors general and Congress — from senior career officials to political appointees. One of these political appointees is “a former criminal defense lawyer for President Donald Trump” and the other is “a 2021 law school graduate.”
The lawsuit goes on to say Bove “reportedly forced transfers of top nonpolitical DOJ officials whom he deemed insufficiently supportive of President Trump’s agenda” and “oversaw the firings of Justice Department January 6 Capitol riot prosecutors in the U.S. Attorney’s office in Washington, D.C.”
The complaint seeks the release of records responsive to several FOIA requests submitted in February and March.
Among the records requested are notes from a Jan. 31 meeting during which Bove allegedly negotiated the dismissal of federal corruption charges against New York City Mayor Eric Adams in exchange for “cooperation with implementing Trump’s mass deportation policy,” the lawsuit says.
Emil Bove exiting the New York State appellate court, Monday, April 8, 2024, in New York (AP Photo/Peter K. Afriyie).
The lawsuit also seeks Bove’s communications with or regarding Trump officials Stephen Miller and FBI Director Kash Patel prior to his confirmation about the “quick” removal of “targeted FBI employees.”
The group is also aiming to uncover documents concerning the DOJ’s use of the AEA to deport immigrants to foreign countries.
In terms of those deportations – which occurred in violation of court orders – the lawsuit lays at least some of the blame at squarely at Bove’s feet. This blame stems from a meeting held on March 14, attended by the since-fired attorney who famously told U.S. District Judge Paula Xinis that Kilmar Abrego Garcia “should not have been removed.”
Again, from the filing, at length:
Mr. Bove told [Office of Immigration Litigation] attorneys that one or more planes containing individuals being removed under the Alien Enemies Act of 1798, would be taking off over the weekend “no matter what.”
Apparently anticipating the constitutional implications of summarily removing individuals from the United States without affording them due process, Mr. Bove also allegedly told the OIL attorneys in that meeting that they would need to consider ignoring any court orders that would enjoin removals of deported persons under the AEA.
“Just as Mr. Bove had directed during the March 14 meeting, the government ignored the District Court’s mandate,” the lawsuit goes on.
More Law&Crime coverage: ‘Failure to respond’: Trump admin violating FOIA by refusing to release documents about ‘shifting’ immigration enforcement priorities and deportations, watchdog says
According to the complaint, seven FOIA requests were submitted to two distinct sub-agencies within the DOJ.
In each instance, the agencies acknowledged the requests and assigned tracking numbers, sometimes promised expedited processing, other times requested extensions, but summarily went radio silent.
“As of the date of this filing, American Oversight has not received any further communication from DOJ regarding this FOIA request,” each section of the lawsuit detailing each of the requests reads.
The government, through the actions of the DOJ and its various sub-agencies, violated two FOIA prongs, the plaintiffs say.
“Defendant has failed to either (a) notify American Oversight of any determination regarding its FOIA requests, including the scope of any responsive records the agency intends to produce or withhold and the reasons for any withholdings; or (b) produce the requested records or demonstrate that the requested records are lawfully exempt from production,” the complaint continues. “Through Defendant’s failure to respond to American Oversight’s FOIA request within the time period required by law, American Oversight has exhausted its administrative remedies and now seeks immediate judicial review.”
The lawsuit seeks a court order directing the defendants to perform the requested searches “reasonably calculated to uncover all records responsive to American Oversight’s FOIA requests” and to provide “all non-exempt” records to the group within 20 days. The plaintiffs also want an injunction barring the DOJ from “continuing to withhold any and all non-exempt records.” The plaintiffs are also requesting attorneys fees.
