DOJ whistleblower says he witnessed government officials undermining the rule of law – CBS News

Report on Allegations of Misconduct within the U.S. Department of Justice and Implications for Sustainable Development Goal 16

Introduction: Whistleblower Allegations and the Challenge to Strong Institutions

A report has emerged concerning allegations by former Department of Justice (DOJ) attorney Erez Reuveni, whose 15-year career ended following his claims of witnessing severe ethical and legal breaches by government lawyers. These allegations directly challenge the principles of Sustainable Development Goal 16: Peace, Justice and Strong Institutions, which calls for the promotion of the rule of law and the development of effective, accountable, and transparent institutions. Mr. Reuveni, a career attorney who had previously defended the administration’s policies and received multiple promotions, asserts that he was terminated after refusing to participate in actions that undermined judicial authority and violated the due process rights of individuals, thereby compromising the DOJ’s commitment to ensuring equal access to justice for all (Target 16.3).

Violations of Judicial Process and Due Process Rights

The core of the allegations centers on the administration’s immigration policy and its execution, which Mr. Reuveni claims involved deliberate deception of the judiciary and a disregard for court orders. These actions represent a significant departure from the principles of accountable governance central to SDG 16.

The Alien Enemies Act and Disregard for Court Orders

A pivotal event occurred on March 14th, when senior DOJ officials, including the newly appointed number three, Emil Bove, informed career attorneys of a plan to invoke the Alien Enemies Act of 1798. This wartime law was to be used to expel over 100 Venezuelans designated as terrorists, denying them judicial review. The sequence of events raises critical questions about adherence to the rule of law:

1. Senior leadership allegedly indicated that deportation flights must proceed, “no matter what.”
2. Mr. Reuveni claims Mr. Bove suggested that if a court issued an order to halt the deportations, the department might have to consider disregarding it.
3. During a subsequent emergency court hearing, government lawyer Drew Ensign informed Judge James Boasberg that he did not know if the planes were leaving that weekend, despite having been at the meeting where the urgency was stressed.
4. The planes departed during the hearing. Judge Boasberg issued an order to halt the removals and return anyone already in the air.
5. The order was not followed, and the detainees were transported to a maximum-security prison in El Salvador, in direct contravention of a federal court’s mandate.

This episode illustrates a direct conflict with SDG Target 16.3, which seeks to ensure equal access to justice. By circumventing judicial oversight, the actions undermined the very foundation of a just legal system.

The Case of Kilmar Abrego Garcia: A Test of Legal Ethics

Further compounding the institutional challenges, Mr. Reuveni was later ordered to argue against the return of Kilmar Abrego Garcia, a man deported to El Salvador by mistake. He was instructed to file a brief labeling Mr. Abrego Garcia an MS-13 gang member and a terrorist. Mr. Reuveni refused, stating the claims were not factually or legally correct and constituted a “lie.” He argued that the fundamental issue was the violation of due process rights, a cornerstone of justice that protects all individuals from arbitrary government action. His refusal to sign the brief led to his termination. This incident highlights the internal pressures that can compromise the integrity of public institutions, moving them away from the accountability and transparency mandated by SDG Target 16.6.

Systemic Implications for Sustainable Development Goals

The allegations made by Mr. Reuveni are not isolated, according to legal analysis, and point to a broader pattern of conduct that erodes public trust and disproportionately affects vulnerable populations, undermining progress on multiple SDGs.

Erosion of Trust in Public Institutions (SDG 16)

Ryan Goodman, a law professor at New York University, has compiled court records showing widespread judicial concern over the DOJ’s conduct. This analysis reveals a systemic issue impacting the credibility of a key national institution. Findings include:

• Over 35 cases where judges, appointed by both Democratic and Republican presidents, stated the government provided false or misleading information.
• Judicial rebukes describing the DOJ’s work as “highly misleading” and a “serious violation of the court’s order.”
• A warning from one judge that “trust that had been earned over generations has been lost in weeks.”

This loss of trust directly threatens the stability and effectiveness of the justice system, a core component of achieving SDG 16.

Impact on Equal Access to Justice and Reduced Inequalities (SDG 10)

The actions described have a profound impact on immigrant communities, creating systemic barriers to justice and exacerbating societal divisions. By denying individuals their day in court, these practices contravene the principles of SDG 10: Reduced Inequalities. Specifically, they undermine Target 10.3 (ensure equal opportunity and reduce inequalities of outcome) and Target 10.7 (facilitate orderly, safe, and responsible migration). When legal processes are subverted for specific groups, it reinforces inequality and undermines the commitment to justice for all, regardless of origin or status.

Official Responses and Case Outcomes

The officials implicated in the allegations have denied any wrongdoing. Emil Bove, who has since been confirmed for a federal judgeship, stated during his confirmation hearing, “I have never advised a Department of Justice attorney to violate a court order.” He characterized Mr. Reuveni’s claims as “a mix of falsehoods and wild distortions of reality.” Other officials declined to be interviewed.

Regarding the legal cases, Kilmar Abrego Garcia was returned to the U.S. but was not charged with terrorism. The Supreme Court later ruled unanimously that the Venezuelan detainees sent to El Salvador had been entitled to their day in court, affirming the principle of judicial review that had allegedly been circumvented.

Conclusion: The Role of Whistleblowing in Upholding Strong Institutions

Mr. Reuveni has filed a whistleblower disclosure, stating that his oath to uphold the Constitution compelled him to speak out against actions that damage the rule of law and the integrity of the Department of Justice. His case underscores the critical role of internal accountability in maintaining strong, effective, and just institutions. The events detailed in this report serve as a case study on the fragility of institutional norms and the importance of steadfast commitment to the principles embodied in Sustainable Development Goal 16 to ensure that justice is not only done but is seen to be done for all.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 16: Peace, Justice and Strong Institutions

  This is the most prominent SDG related to the article. The entire narrative revolves around the functioning of the U.S. Department of Justice, the rule of law, access to justice, and the accountability of government officials. The article details allegations of government lawyers lying in court, disregarding judicial orders, and denying individuals their right to due process, all of which directly challenge the principles of strong, accountable, and just institutions.

• SDG 10: Reduced Inequalities

  The article touches upon SDG 10 by highlighting how a specific group—immigrants, particularly Venezuelans—were targeted for rapid expulsion without the due process afforded to others. This points to inequalities in the application of the law and access to justice based on nationality and immigration status. The denial of a “day in court” for this group represents an inequality of outcome within the legal system.

2. What specific targets under those SDGs can be identified based on the article’s content?

• SDG 16: Peace, Justice and Strong Institutions

  • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

    This target is central to the article. The core conflict arises from the alleged violation of the rule of law by the Justice Department. Specific examples include the plan to tell a court “‘f*** you'” and proceeding with deportations despite a judge’s order to halt them. Furthermore, the denial of a hearing for the Venezuelan detainees and the case of Kilmar Abrego Garcia, who was deported by mistake, are direct examples of a failure to “ensure equal access to justice for all.” Peter Keisler’s statement, “Everybody deserves their day in court,” explicitly reinforces this principle.

  • Target 16.6: Develop effective, accountable and transparent institutions at all levels.

    The article questions the accountability and transparency of the Department of Justice. Erez Reuveni’s decision to become a whistleblower by filing a disclosure with the Government Accountability Project is an attempt to hold the institution accountable for its actions. The alleged actions of misleading courts and defying orders demonstrate a breakdown in institutional accountability. A judge’s comment that “trust that had been earned over generations has been lost in weeks” signifies a decline in the perceived effectiveness and integrity of the institution.

• SDG 10: Reduced Inequalities

  • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices.

    The article describes the use of the Alien Enemies Act of 1798 against more than 100 Venezuelans, denying them the right to be heard by a judge. This application of a wartime law to a specific national group in the absence of a declared war represents a practice that creates a profound inequality of outcome in the justice system. These individuals were denied legal recourse that is typically available, highlighting a disparity in how justice is administered based on their status.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Indicators for Target 16.3 (Promote the rule of law and ensure equal access to justice)

  • Number of documented instances of government lawyers providing false or misleading information to courts.

    The article explicitly provides a quantifiable indicator through the research of law professor Ryan Goodman. He states, “We found over 35 cases in which the judges have specifically said, what the government is providing me is false information.” This serves as a direct measure of the integrity of legal proceedings.

  • Number of instances of government non-compliance with judicial orders.

    The central event of the article—the deportation of detainees after a judge “specifically ordered us to not remove anyone… and to return anyone in the air”—is a clear indicator of a failure to adhere to the rule of law. Tracking such instances would measure the government’s respect for judicial authority.

• Indicators for Target 16.6 (Develop effective, accountable and transparent institutions)

  • Number of whistleblower disclosures filed concerning misconduct in public institutions.

    Erez Reuveni’s action of filing “a whistleblower disclosure” with the Government Accountability Project is mentioned as a mechanism for accountability. An increase or decrease in such filings could indicate trends in institutional integrity and the willingness of individuals to report misconduct.

  • Judicial and public trust in government institutions.

    While not a hard number, the article implies this indicator through a judge’s quoted warning that “trust that had been earned over generations has been lost in weeks.” This qualitative assessment from the judiciary reflects the perceived accountability and trustworthiness of the Justice Department.

4. Table of SDGs, Targets, and Indicators

Source: cbsnews.com