Despite the Trump regime attacking the Constitution, eroding our rights, and filling every office with incompetent or malevolent individuals, our legal system has frustrated some (certainly not all) of their evil designs.
Not three hurrahs but only two. Why? The Department of Justice is now wholly under Trump’s control. It has become Trump’s law firm, answering only to him. The U.S. Supreme Court has been far too accepting of Trump’s reckless policies. Too many federal judges have gone along with him.
All too often, the regime has ignored the judges. Rulings against Trump’s policies have come from all kinds of judges, including some appointed by Trump. Grand juries have refused his efforts to indict his enemies.
Nonetheless, many federal judges across the country have repeatedly blocked the regime. Many have defended the right of due process for immigrants, many of whom are arrested without a warrant or access to a lawyer, then disappeared into a detention camp or deported to a country they never lived in.
Here are reasons for cheer.
The U.S. Supreme Court declared that Trump does not have the power to slap tariffs on every other country, because the Constitution gives the power of the purse to Congress, not the President. Trump, furious, responded by slapping a 10% tariff on every country, then raised it to 15%. Will the Supreme Court ignore his open defiance?
This is the same Court that ruled that the President is above the law. Absolute immunity. Trump is the kind of guy who loves absolute immunity for any actions he takes.
Even more powerful than the decisions of judges has been the refusal of grand juries to indict Trump’s enemies and critics. That’s why he attacked Iran without congressional approval. Why should he bother? He is above the law, the dream of a habitual law-breaker.
Many federal judges have repeatedly defended the very American idea that immigrants–even undocumented immigrants–have legal rights. They have repeatedly interfered with ICE’s efforts to arrest, detain, and oust immigrants, without a hearing, without due process.
Federal judges confounded Trump’s vendetta against big law firms who represented Trump’s enemies.They frustrated his vengeance so consistently that the Justice Department dropped the charges. The law firms that quickly acquiesced to Trump have egg on heir collective faces.
The grand juries have been dogged in their refusal to bow to Trump’s pursuit of vengeance.
When Sean Charles Dunn, a paralegal in the Justice Department hurled his footlong Subway sandwich (turkey) at US Customs and Border Patrol agents, he was charged with a crime, fired from his job, and hauled before a grand jury. The grand jury refused to indict him. The “Sandwich Guy” was briefly a folk hero for his defiance.
Mark Joseph Stern, writing in Slate, said that the grand jury’s refusal to indict appeared to be an instance of jury nullification, stating that “a grand jury will typically indict a ham sandwich, but it turns out a D.C. grand jury won’t indict the guy who threw the sandwich.”
Trump told Pam Bondi to go after his enemies and she did.
She charged former FBI Director James Comey with lying to Congress, but the grand jury refused to indict him. She charged him again, and the next grand jury did not indict him.
Bondi then went after New York State Attorney General Leticia James, who won successful convictions of Donald Trump in New York state courts.
Trump wanted her indicted for bank fraud and mortgage fraud. (DOJ allegedly received confidential information from Bill Pulte, chair of the Federal Housing Finance Agency). Eric Siebert, the first interim federal prosecutor in Virginia, who was respected by both parties, refused to bring charges because the evidence was flimsy. He resigned and was replaced by Lindsay Halligan, a personal attorney of Trump’s who had no experience as a prosecutor.
Halligan persuaded a grand jury to indict James but the prosecution was invalidated because Halligan had not been confirmed by the Senate and her predecessor had used up the 120 days when he was interim prosecutor.
Two new grand juries refused to indict James, even though they heard only the prosecutors’ evidence, not her defense. .
In another high-profile case, Secretary of Hegseth wanted to punish six members of Congress–all military veterans–who endorsed a video declaring that members of the military should not obey illegal orders. Hegseth himself was on video saying exactly the same thing a few years ago, but no matter. Trump said that their actions were “seditious” and deserved the death penalty. In another comment, he called them “traitors.” Trump’s top aide Stephen Miller said that the six were engaged in an “insurrection.”
The case was put before a grand jury by the U.S. Attorney for D.C., Jeanine Pirro, a former FOX News host.
The grand jury unanimously refused to indict them.
Not one member of the Grand Jury supported the indictment.
In a separate case, Hegseth tried to reduce Senator Mark Kelly’s rank and pension to punish him for participating in the video. Kelly said he had free speech rights. Federal Judge Richard Leon, a Bush II appointee, enjoined Hegseth’s actions. Hegseth is appealing; he wants to bring Kelly down. His case, however, is absurd. How can a U.S. Senator be muzzled because he is a veteran? How can the Secretary of Defense be allowed to vindictively reduce the rank and pension of those who served honorably but had the temerity to speak their mind?
A few days ago, Federal Judge Brian Murphy in Massachusetts ruled that the government’s policy of deporting immigrants to third countries–countries they have never lived in–is illegal. This is an unusually cruel policy. The decision will of course be appealed.
So three cheers for the brave judges who stand up for the rights of individuals.
Three cheers for Grand Juries, especially those who think for themselves and refuse to be cowed by political bigwigs.
And two cheers for our legal system, which moves very slowly and can bankrupt anyone who does not have a pro bono lawyer.
