Archives for category: Justice

Veteran prosecutor Joyce Vance shared some good news: the nomination of Ed Martin to be U.S. Attorney in DC is hanging by a thread and may be dead. Senator Thom Tillis of North Carolina interviewed Martin and said he would vote no in the Senate Judiciary Committee because Martin supported the January 6 insurrectionists, even those who assaulted police officers. Since the split on the committee is 12 Republicans and 10 Democrats, Martin’s nomination would not get to the Senate floor. If you live in North Carolina, please call Senator Tillis and thank him.

Vance writes:

Last night, I wrote to you about Ed Martin, Trump’s nominee to be the United States Attorney in Washington, D.C.. Martin, until quite recently, used the handle “Eagle Ed Martin” on Twitter, a reference to his days working for Phyllis Schlafly’s Eagle Forum. Apparently, someone mentioned to him during the last month that the handle wasn’t appropriate for a U.S. Attorney hopeful.

But no whisper in the ear could fix Martin’s other flaws, from utter lack of qualifications and knowledge about how to do the job to flagrant ties to people known for their open antisemitism. Last night, I suggested we all needed to be in touch with our senators on the Martin nomination. Although we still need to do that, the message is different now. That’s because North Carolina Senator Thom Tillis, a Republican who sits on the Senate Judiciary Committee, made it known that he won’t support Martin. 

Before Martin goes to the floor of the Senate for a confirmation vote, he has to make it out of committee. And that’s unlikely to happen now. The Senate Judiciary Committee is made up of 12 Republicans and 10 Democrats. All of the Democrats oppose Martin. With Tillis abandoning him, the best Martin could do is 11-11, and a nominee who receives a tie vote doesn’t advance. For all practical purposes, the outcome of that vote will be a death knell for his nomination.

Martin may end up rewarded for his loyal service to Trump and Musk with another plum job, one that doesn’t require Senate confirmation. But that doesn’t mean we shouldn’t celebrate the moment and the fact that it looks like he won’t be the top law enforcement officer in the District of Columbia. Defeating Martin’s nomination wasn’t a foregone conclusion—far from it. It took lots of research, lots of conversation, and lots of hard work by a lot of people. You never know which issue, or even which call or letter, is going to be the last straw. What matters is that Trump and his plans are not inevitable, and it makes a difference when all of us push back against the horrible as hard as we can.

Tillis told reporters this morning that he is unable to support Martin because of Martin’s support for defendants convicted of committing crimes in connection with January 6. He is certain to face a sustained backlash from MAGA’s inner circle, so if he’s your senator, make sure you thank him, and if your senator is on the Judiciary Committee (that’s Grassley, Graham, Cornyn, Lee, Cruz, Hawley, Tillis, Kennedy, Blackburn, Schmitt, Britt, and Moody on the Republican side and Durbin, Whitehouse, Klobuchar, Coons, Blumenthal, Hirono, Booker, Padilla, Welch, and Schiff for the Democrats) this is a good time to reach out and either thank them for opposing or encourage them to show a little backbone and follow Tillis’ lead. Martin, after all, supports the people who overran the Capitol, threatening these folks and their staff. He is the least qualified selection I can recall seeing to lead a U.S. Attorney’s office, even edging out Trump’s former attorney Alina Habba, the New Jersey nominee, who should be rejected as well. This is a very big win for pro-democracy forces.

There was also a win on a very different front, one that didn’t get a lot of national attention. Trump’s efforts to cut staff and funding at national parks have garnered a lot of attention in the protests that have cropped up across the country. Many protests have taken place at the parks themselves, notably at Yosemite, where staff unfurled an upside-down American flag atop El Capitan to signal distress. On March 1, people protested at all 433 sites in the national park system—the 63 national parks and additional sites like monuments and historic places. Americans, it turns out, love their national parks.

Despite that, the Trump administration continues to keep them on the chopping block. Last week, the Washington Post reported that the Trump administration had suspended all air-quality monitoring at national parks, stating that “The Interior Department, which includes the National Park Service, issued stop-work orders last week to the two contractors running the program, the email shows.”

The reporting provided detail that makes it clear this is a serious matter:

  • Data was being collected on ozone and particulate matter and being used in connection with requests to grant permits to industrial facilities like power plants and oil refineries in close proximity to the parks.
  • The pollutants data was being collected on are “linked to a range of adverse health effects,” including “heart attacks, strokes, asthma attacks and premature death.”
  • One goal of the program is “to curb regional haze,” which has “reduced visibility at scenic viewpoints in parks nationwide” over the past few decades.

Park Service employees pushed back and demanded that monitoring continue. They pointed out that states lack the equipment and resources to monitor and that without federal monitoring, they would be flying blind. It’s part and parcel of discontinuing environmental justice work at the Justice Department. Data makes it possible to protect the environment and the people who live in it. Trump is creating a permissive environment for business—when you can’t document the consequences of a new plant permit, for instance, it’s hard to oppose it.

But today, Washington Post reporter Teddy Amenabar posted on social media that “After The Post’s article was published, a Park Service spokesperson said the stop-work orders would be reversed and that ‘contractors will be notified immediately.’” Whether it’s traditional media, new media, protests, or our communications with our elected officials, it’s clear that none of what Trump wants to do is inevitable. Sunlight continues to act as a disinfectant. Government employees need public support right now, especially as many of them continue to bravely do the right thing, whether it’s federal prosecutors or park rangers. They richly deserve our support.

So if you’ve been questioning whether what you’re doing matters, it does. The signs you make, the protests you go to, the letters and calls you make to elected officials, your efforts to share information (like this newsletter) with people—all of these efforts matter. It all adds up, small victories and large ones.

Speaking of big ones, Donald Trump appears to have knowingly lied when he invoked the Alien Enemies Act (AEA) in order to deport alleged members of the Venezuelan Tren de Aragua gang. In his proclamation, he said, “TdA operates in conjunction with Cártel de los Soles, the Nicolas Maduro regime-sponsored, narco-terrorism enterprise based in Venezuela, and commits brutal crimes, including murders, kidnappings, extortions, and human, drug, and weapons trafficking. TdA has engaged in and continues to engage in mass illegal migration to the United States to further its objectives of harming United States citizens, undermining public safety, and supporting the Maduro regime’s goal of destabilizing democratic nations in the Americas, including the United States.”

Not so fast. An intelligence community memo was partially declassified yesterday, two weeks after a FOIA request was made for it—that’s lightning speed in the world of FOIA, where requests can drag on for years. The memo contradicts Trump’s claimed basis for invoking the AEA. Hat tip to my friend Ryan Goodman, whose new Substack is great if you haven’t seen it already, for highlighting the parts of the memo that contradict Trump’s claim that TdA is mounting an invasion of the U.S. on behalf of Venezuela’s government.

Someone involved in responding to FOIA requestsseems to have been highly motivated to make sure the American people have access to the truth. Win.

It’s not clear how or whether this will impact ongoing litigation. Judges largely defer to presidential assessments of this nature under the political questions doctrine. We don’t know if this revelation will have any impact in court, although there should be some ambit, even if it’s small, for courts to reject presidential assessments that run entirely contrary to the facts. But in the court of public opinion, where facts still matter, here are some facts, from the people who know the subject best.

Finally for tonight, the North Carolina Supreme Court race that we’ve been following so carefully since last November seems to finally be over, and Allison Riggs, the Democrat who won the race, will now be declared the winner per an order issued by a federal judge who is a Trump appointee. Two recounts confirmed Riggs’ victory, but the disgruntled loser challenged it nonetheless. He tried to convince courts to disallow ballots cast by North Carolina voters who complied with all of the rules for voting by changing the rules about what ballots could be counted after the fact. He could still appeal this ruling, but it is a solid decision and unlikely to be reversed on appeal. The bottom line democratic principle is that you don’t get to move the goal posts to secure a victory. Didn’t work for Trump, and it didn’t work in North Carolina. Chalk another one up for the rule of law.

Whether it’s lawsuits or your letters, engaged citizens get results. We have a long way to go, but take heart; we are making progress. We can get there. Every little step forward adds to the tally in favor of democracy.

We’re in this together,

Joyce

ProPublica revealed that Ed Martin, Trump’s choice, for the high-powered job of U.S. Attorney in D.C. is ethically challenged. We already knew that Martin was a strident defender of the January 6 insurrectionists and represented some of them as their attorney. We also knew that Ed Martin has a long history of promoting conspiracy theories.

We learned only a couple of weeks ago that Mr. Martin has appeared on Russian state media more than 150 times between 2016 and 2024, a detail he initially forgot to share with the Senate Judiciary Committee vetting him. The Washington Post reported, “In early 2022, Martin told an interviewer on the same arm of RT’s global network that “there’s no evidence” of a Russian military buildup on Ukraine’s borders, criticizing U.S. officials as warmongering and ignoring Russia’s security concerns. Russia invaded nine days later, igniting a war that continues today.”

What we didn’t know is that in one important case, he was coaching someone else to attack the judge hearing the case.

Trump has chosen many unqualified people for high positions. Ed Martin is one of his worst choices.

ProPublica wrote:

The attacks on Judge John Barberis in the fall of 2016 appeared on his personal Facebook page. They impugned his ethics, criticized a recent ruling and branded him as a “politician” with the “LOWEST rating for a judge in Illinois.”

Barberis, a state court judge in an Illinois county across the Mississippi River from St. Louis, was presiding over a nasty legal battle for control over the Eagle Forum, the vaunted grassroots group founded by Phyllis Schlafly, matriarch of the anti-feminist movement. The case pitted Schlafly’s youngest daughter against three of her sons, almost like a Midwest version of the HBO program “Succession” (without the obscenities).

At the heart of the dispute — and the lead defendant in the case — was Ed Martin, a lawyer by training and a political operative by trade. In Missouri, where he was based, Martin was widely known as an irrepressible gadfly who trafficked in incendiary claims and trailed controversy wherever he went. Today, he’s the interim U.S. attorney in Washington, D.C., and one of the most prominent members of the Trump Justice Department.

In early 2015, Schlafly had selected Martin to succeed her as head of the Eagle Forum, a crowning moment in Martin’s career. Yet after just a year in charge, the group’s board fired Martin. Schlafly’s youngest daughter, Anne Schlafly Cori, and a majority of the Eagle Forum board filed a lawsuit to bar Martin from any association with the organization.

After Barberis dealt Martin a major setback in the case in October 2016, the attacks began. The Facebook user who posted them, Priscilla Gray, had worked in several roles for Schlafly but was not a party to the case, and her comments read like those of an aggrieved outsider.

Almost two years later, the truth emerged as Cori’s lawyers gathered evidence for her lawsuit: Behind the posts about the judge was none other than Martin.

ProPublica obtained previously unreported documents filed in the case that show Martin had bought a laptop for Gray and that she subsequently offered to “happily write something to attack this judge.” And when she did, Martin ghostwrote more posts for her to use and coached her on how to make her comments look more “organic.”

Ed Martin exchanged emails with Priscilla Gray, who had worked in various roles for Phyllis Schlafly, about how to attack Judge John Barberis. (Documents obtained, formatted and highlighted by ProPublica)

“That is not justice but a rigged system,” he urged her to write. “Shame on you and this broken legal system.”

“Call what he did unfair and rigged over and over,” Martin continued.

Martin even urged Gray to message the judge privately. “Go slow and steady,” he advised. “Make it organic.”

Gray appeared to take Martin’s advice. “Private messaging him that sweet line,” she wrote. It was not clear from the court record what, if anything, she wrote at that juncture.

Gray told Martin she would direct message Barberis after she was blocked from commenting on his Facebook page. (Documents obtained, formatted and highlighted by ProPublica)

Legal experts told ProPublica that Martin’s conduct in the Eagle Forum case was a clear violation of ethical norms and professional rules. Martin’s behavior, they said, was especially egregious because he was both a defendant in the case and a licensed attorney. 

Martin appeared to be “deliberately interfering with a judicial proceeding with the intent to undermine the integrity of the outcome,” said Scott Cummings, a professor of legal ethics at UCLA School of Law. “That’s not OK.”

Martin did not respond to multiple requests for comment.

Martin’s legal and political career is dotted with questions about his professional and ethical conduct. But for all his years in the spotlight, some of the most serious concerns about his conduct have remained in the shadows — buried in court filings, overlooked by the press or never reported at all.

His actions have led to more than $600,000 in legal settlements or judgments against Martin or his employers in a handful of cases. In the Eagle Forum lawsuit, another judge found him in civil contempt, citing his “willful disregard” of a court order, and a jury found him liable for defamation and false light against Cori.

Cori also tried to have Martin charged with criminal contempt for his role in orchestrating the posts about Barberis, but a judge declined to take up the request and said she could take the case to the county prosecutor. Cori said her attorney met with a detective; Martin was never charged.

Nonetheless, the emails unearthed by ProPublica were evidence that he had violated Missouri rules for lawyers, according to Kathleen Clark, a legal ethics expert and law professor at Washington University in St. Louis. She said lawyers are prohibited from trying to contact a judge outside of court in a case they are involved in, and they are barred from using a proxy to do something they are barred from doing themselves….

As one of its first personnel picks, the Trump administration chose Martin to be interim U.S. attorney for the District of Columbia, one of the premier jobs for a federal prosecutor.

A wide array of former prosecutors, legal observers and others have raised questions about his qualifications for an office known for handling high-profile cases. Martin has no experience as a prosecutor. He has never taken a case to trial, according to his public disclosures. As the acting leader of the largest U.S. attorney’s office in the country, he directs the work of hundreds of lawyers who appear in court on a vast array of subjects, including legal disputes arising out of Congress, national security matters, public corruption and civil rights, as well as homicides, drug trafficking and many other local crimes.

Over the last four years, the office prosecuted more than 1,500 people as part of the massive investigation into the violence at the U.S. Capitol on Jan. 6, 2021. While Trump has pardoned the Jan. 6 defendants, Martin has taken action against the prosecutors who brought those cases. In just three months, he has overseen the dismissal of outstanding Jan. 6-related cases, fired more than a dozen prosecutors and opened an investigation into the charging decisions made in those riot cases.

Martin has also investigated Democratic lawmakers and members of the Biden family; forced out the chief of the criminal division after she refused to initiate an investigation desired by Trump appointees citing a lack of evidence, according to her resignation letter; threatened Georgetown University’s law school over its diversity, equity and inclusion policies; and vowed to investigate threats against Department of Government Efficiency employees or “chase” people in the federal government “discovered to have broken the law or even acted simply unethically.”

Martin “has butchered the position, effectively destroying it as a vehicle by which to pursue justice and turning it into a political arm of the current administration,” says an open letter signed by more than 100 former prosecutors who worked in the U.S. Attorney’s Office for the District of Columbia under Democratic and Republican presidents.

Thom Hartmann is a brilliant journalist who is fast to figure out the stories behind the headlines. Here, he explains why Attorney General Pam Bondi had Milwaukee County Jusge Hannah Dugan arrested and paraded her out of her courthouse in handcuffs. FBI Director Kash Patel tweeted pictures of the judge in handcuffs.

Hartmann writes that the goal was a warning to other judges:

The audience for Pam Bondi‘s performance yesterday — when federal agents swarm-raided a county judge — was not the general public. They don’t care if the story vanishes six or 12 or 24 hours into the news cycle, so long as vanishes. The real audience for their action was a very small number of people: the nation’s judges. They’ve pacified the Article I branch of government, Congress, and now they are in the process of pacifying the article III Judiciary branch. That will leave only the president in charge of the entire country under all circumstances in all ways. That is called dictatorship. Real dictatorship. Vladimir Putin style dictatorship. In fact it appears more and more every day that Putin is Trump’s mentor. If not his handler. And Trump is doing everything he can, with help from a South African billionaire, to destroy the traditional American infrastructure and nation and turn us into the newest member of the dictators club, joining Russia, China, Saudi Arabia, Belarus, Hungary, and the rest of the fascist and authoritarian world. And to get there, now that they have pacified Congress, they only have to seize control of the Judiciary and then nothing except we the people will stand in their way. And they know it. First, terrorize Congress. Second, terrorize the media. Third, terrorize the judges and lawyers. (the final step in that process for them will be the Supreme Court, and if they can first terrorize the entire federal judiciary it will be much easier to terrorize the Court). And finally begin terrorizing the individual citizens until the process is complete and we are fully Russia and all dissent is suppressed. And they know that time is running out because elections are coming and their popularity is already crashing. They are at maximum power right now and it is beginning to decline. This is another reason why they are pushing so hard to frighten judges. If Trump can do this as quickly as Hitler or Putin did, it could happen very quickly, possibly even in the next few weeks. Buckle up…

Hartmann also wrote about Trump’s habit of lying:

Busted: Trump stuns Time Magazine with outlandish lies to cover up his trade deal collapse. Donald Trump has lied his entire life, but China’s President Xi is committed to not letting him get away with lying about his trade negotiations with that country. On Tuesday, Trump sat down with two TIME Magazine reporters and repeatedly lied to them, saying that he was negotiating with China and that he’d already cut “over 200” deals with other nations to resolve the trade war he declared roughly a month ago. In fact, as the reporters pointed out, he’s not inked even one single deal so far and, to make things far worse for him, China is actively using social media to tell the world that they’re not even bothering to talk with his people, must less President Xi calling Trump himself. We’ve had some terrible presidents throughout our history and some have done some terrible things; John Adams imprisoning newspaper editors, Andrew Jackson and the Trail of Tears, both Richard Nixon and Ronald Reagan conspiring with foreign countries to steal American elections. But lying to the press and the people on such a routine basis — over 30,000 documented lies in his first term, and daily lies now — is something new in the American experience. Democracy can’t work when a nation can’t trust its leaders to tell them the truth on issues of consequence, which appears to be exactly Trump’s (and Putin’s) goal: the destruction of our republic from the inside, just as Khrushchev predicted.

Then Hartmann wondered why some of Trump’s Wall Street pals are getting stock tips:

Are Wall Street insiders getting stock tips from Trump? And why is Apple moving their production to India instead of the US? Fox’s senior business correspondent Charles Gasparino told his viewers on Thursday that “senior Wall Street execs with ties to the White House” had informed him that they were getting tips from the Trump administration on trade talks that could (and do) swing markets. When Gasparino approached Treasury Secretary and billionaire Scott Bessent’s press team, they refused to deny the reports. Remember when Martha Stewart went to prison for six months because a doctor friend told her about the results from clinical trials of a new drug and she passed that info along to her stockbroker? Hypocrisy doesn’t begin to describe the astonishing level of corruption across this administration. Of course, they have a hell of a role model to emulate in Donald Trump. Meanwhile, Apple reports they’re considering moving their iPhone production out of China in response to Trump’s tariff threats. But are they bringing it to Texas or Kentucky? Not a chance. India is the new destination, according to news reports. So much for Eisenhower’s “patriotic American companies”; that was so 1950s. The entire concept of doing good by the country that made you rich is long dead, the victim of the Reagan Revolution’s embrace of neoliberal free trade and doctrine of putting profits above people and patriotism.

As you read here, Michael Tomasky said that Trump was taking in millions from suckers by selling his meme coins, a for-profit deal that would have shocked the nation if it had been done by Biden or any other president.

Hartmann warns about the grifting, which the Mainstream Media doesn’t seem to care much about:

While America is burning (both economically and from climate change), professional grifter Trump is making out like a bandit. Are Americans paying attention yet? Can you imagine how Republicans would have responded if President Biden had announced that he and his son Hunter were going to start selling autographed pictures of himself for a few thousand dollars each and would be running the business out of the White House? And that the top purchasers — even if they were foreign nationals — would be having a private dinner with him and get a tour of the White House? They’d be fainting in the streets, screaming in front of the cameras, and convening investigations, grand juries, and criminal prosecutions faster than a weasel in a henhouse. But when Trump announced this week that he was selling his meme coins — which are just serial-numbered digital images of Trump or his wife with no intrinsic value — and the top 220 “investors” would have dinner with him, not even one elected Republican stood up to object. This is how far the party has fallen; they’re all in on the grift, and many are looking for ways to cash in on it as apparently Marjorie Taylor Greene did when it was reported it looked like she was buying and selling stocks based on insider information. 

Jamelle Bouie, one of the most insightful columnists for The New York Times, observes that Trump has no interest in governing. He is interested in ruling. He thinks he has a mandate, even though he did not win 50% of the popular vote. He thinks his will is as powerful as law. He does not share power with Congress, and he’s testing how far he can go to diminish the courts.

Bouie reflects on Trump’s indifference to the other branches of Govenment in this newsletter:

I think it’s obvious that neither President Trump nor his coterie of agents and apparatchiks has any practical interest in governing the nation. It’s one reason (among many) they are so eager to destroy the federal bureaucracy; in their minds, you don’t have to worry about something, like monitoring the nation’s dairy supply for disease and infection, if the capacity for doing so no longer exists.

But there is another, less obvious way in which this observation is true. American governance is a collaborative venture. At minimum, to successfully govern the United States, a president must work with Congress, heed the courts and respect the authority of the states, whose Constitutions are also imbued with the sovereignty of the people. And in this arrangement, the president can’t claim rank. He’s not the boss of Congress or the courts or the states; he’s an equal.

The president is also not the boss of the American people. He cannot order them to embrace his priorities, nor is he supposed to punish them for disagreement with him. His powers are largely rhetorical, and even the most skilled presidents cannot shape an unwilling public.

Trump rejects all of this. He rejects the equal status of Congress and the courts. He rejects the authority of the states. He does not see himself as a representative working with others to lead the nation; he sees himself as a boss, whose will ought to be law. And in turn, he sees the American people as employees, each of us obligated to obey his commands.

Trump is not interested in governing a republic of equal citizens. To the extent that he’s even dimly aware of the traditions of American democracy, he holds them in contempt. What Trump wants is to lord over a country whose people have no choice but to show fealty and pledge allegiance not to the nation but to him.

What was it Trump said about Kim Jong-un, the North Korean dictator, during his first term in office? “Hey, he’s the head of a country. And I mean he is the strong head. Don’t let anyone think anything different,” Trump said in 2018. “He speaks, and his people sit up at attention. I want my people to do the same.”

He wants his people to do the same.

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James Pindell of The Boston Globe predicts that Harvard University has a better hand than Trump in their epic confrontation. Harvard, like Trump, can employ the tactics of delay, delay, appeal, delay, appeal, which Trump used to avoid accountability for provoking an insurrection and trying to overturn the election that he lost. Despite plentiful evidence of the greatest crime against our in our history, Trump used delay-and-appeal to evade punishment.

Furthermore, Harvard has its pick of the best lawyers in the nation. And it has the funding to bear the burden of prolonged litigation.

He writes:

Harvard University is unrivaled when it comes to securing smart, high-powered legal advice, often from people who have the institution’s long-term interests at heart. Four of the nine current US Supreme Court justices are Harvard alumni. Retired Justice Stephen Breyer still maintains an office at the law school. And with a $53 billion endowment, Harvard can afford to hire virtually any white-shoe law firm it chooses.

But as Harvard formally resisted the Trump administration’s latest round of demands this week — unprecedented even by the administration’s own standards — it seemed, ironically, that the university might be borrowing a legal strategy from President Trump himself.

Step one: Deny any wrongdoing. Step two: Assemble a team of elite lawyers to challenge every question, motion, and investigation at length. Step three: Stall, delay, and wait it out.

This is a playbook Trump has used for decades. Most recently, it served as the foundation of his legal strategy in three criminal trials during his post-presidency. In each case, he managed to use procedural maneuvers and aggressive delay tactics to his advantage.

Sure, Trump’s ability to dodge accountability is often described as uniquely his own. But in this case, Harvard may actually hold the better cards, at least in terms of timing and institutional resilience.

In just 600 days, Democrats could reclaim the majority in the US House of Representatives. In four years, Trump will no longer be president. (Speculation about a third term is a separate column.) Harvard, by contrast, was founded 389 years ago. Those entrusted with its future are planning for it to exist at least another 400. From that perspective, Trump’s second term is a blip.

The Trump administration first went after Harvard two weeks ago, with what at the time was largely about antisemitism on campus following the Oct. 7 Hamas attack on Israel. But on Friday night, the Trump administration sent Harvard a second letter, escalating its pressure campaign. Unlike the first letter, which focused on claims of rampant antisemitism on campus and threatened a loss of federal research funding, this second demand went much further. The administration insisted that Harvard overhaul its hiring and admissions practices, abandon academic independence in curricular matters, and adopt some vague form of ideological “balance” — as defined by the administration now and in the future.

And in another move right out of Trump’s own playbook, Harvard isn’t just preparing for court — it’s leveraging the standoff as a public relations opportunity.

Columbia University, facing immense internal and external pressure, saw two university presidents resign in two years and ultimately made concessions. Harvard, too, had a president resign under pressure from conservatives in the wake of the Israel-Hamas war. But this week, by contrast, the school is being praised within academic circles for standing its ground. It is positioning itself as a standard-bearer for academic freedom and likely sees this moment as one that could define its leadership and credibility among peers.

But in the long term, Harvard uniquely may have the resources and the legal muscle to delay without conceding a single point, at least until there is a new US president. It also has the financial cushion to cover essential programs it deems vital to its mission. This, for Harvard, is what a rainy day looks like — and it has a very large umbrella.

The Trump administration apparently realized belatedly that they went too far in the demands they made in threatening Harvard. The New York Times reported that the letter demanding control of the curriculum, of admissions, and of “ideological diversity” among the faculty and students was sent in error and did not have the appropriate vetting.

Thom Hartmann explains the significance of what Trump did to our democracy yesterday. He killed it. He sneered at the Declaration of Independence and the U.S. Constitution. He snuffed out the rule of law, which is the foundation of democracy.

Thom Hartmann writes:

Yesterday was the day democracy in our nation officially died.

We no longer live in the America we grew up in: “The land of the free and the home of the brave.” The country the rest of the world looked up to and depended on. The country that claimed to follow the rule of law, and valued compassion and the protection of its most vulnerable people.

We are now in the midst of an outright coup against the Constitution, against the United States, and against our founding ideals: Donald Trump proclaimed it yesterday when he openly defied the Supreme Court and our founding documents with a sneer, and his neofascist sycophants chuckled and giggled in the Oval Office.

When Marco Rubio claimed that arresting and deporting a man legally living in the US was “foreign policy” that can’t be overseen by the Supreme Court and then congratulated himself on his cleverness.

Kilmar Abrego Garcia, a legal U.S. resident who committed no crime, is now held in El Salvador’s most notorious concentration camp, where as many as 75 men are packed into cells designed for a fraction of that number. 

Prisoners are not allowed outside — not for fresh air, not for exercise — and the fluorescent lights never go off. Food is minimal: plain rice or beans twice a day, with water. There is no possibility of appeal for him or the other 75,000 people El Salvadoran dictator Bukele has arrested and imprisoned without due process.

This father of three US citizens, this husband of a US citizen, who had been in the US with the permission of our government, is today packed in with savage gang members — literally murderers and rapists — in one of the most infamous and violent prisons in the world.

He has no access to legal counsel, no information about charges or release, and medical care is often denied except in extreme emergencies. Days blur into nights as men lie on concrete floors or sit in silence, many carving repetitive paths along the walls to stay sane. 

Kilmar may be doing the same, clinging to routine, to hope, to anything that reminds him he once belonged to a country that promised justice.

But then came the most lawless president in the history of America, who yesterday all but declared that we are no longer a constitutional democratic republic as long as he is president.

Article I, Section 9 of the United States’ Constitution is unambiguous about habeas corpus, Latin for “produce the body,” which means no person can be imprisoned without first knowing the charges against them, being able to challenge those charges, and having a court of law decide their fate.

This right embraced by our Founders and written into our Constitution literally dates back to the year 1215 when King John signed the Magna Carta at Runnymede, as Article I Section 9 clearly states:

“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

(Trump is falsely and cynically claiming in an illegal Executive Order that the government of Venezuela has sent gang members to “invade” the US. Bizarrely, even if a court were to uphold this “invasion” gimmick, Kilmar Abrego Garcia is neither a gang member nor even a Venezuelan; he’s a citizen of El Salvador who’s lived in the US since he was 16, is a union worker and beloved member of his community, and was here legally.) 

Fifth Amendment to the Constitution:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury… nor be deprived of life, liberty, or property, without due process of law…”

Sixth Amendment to the Constitution:

“In all criminal prosecutionsb, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

Seventh Amendment to the Constitution:

“[T]he right of trial by jury shall be preserved…”

Eighth Amendment to the Constitution:

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Please point out to me where, in our Constitution, it says that the President of the United States or the Secretary of State can simply order a “person” (see 5th Amendment; nowhere does the word “citizen” appear) to be arrested and transported to a foreign hellhole concentration camp without a warrant, without an attorney, without a trial, and without even advance notice that might give him a chance to protest his innocence.

An unanimous Supreme Court ruled last week that our Constitution, as quoted above, says exactly what it means and Trump must “facilitate” the return of Kilmar Abrego Garcia, who is not a criminal and has been denied all of the due process provisions detailed above in our Constitution and its amendments.

Justice Sotomayor was explicit:

“The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U. S. citizens, without legal consequence, so long as it does so before a court can intervene. … 

“[T]he proper remedy is to provide Abrego Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador. That means the Government must comply with its obligation to provide Abrego Garcia with ‘due process of law,’ including notice and an opportunity to be heard… 

“It must also comply with its obligations under the Convention Against Torture.”

Trump’s response yesterday was a resounding, “Fuck you” to our courts, our Constitution, and our laws. And to the millions of American citizens who are frightened by his systematic dismantling of our legal system.

It was an open assertion by Trump that he can do anything he wants, no matter how unlawful or unconstitutional, without fear of consequences. That he has successfully staged a coup against the government of the United States and her laws and has every intention of running this country like Russia or Hungary.

And not only that, he told El Salvador’s authoritarian president Bukele that the people he next wants to send to his slave labor camp are American citizens like you and me:

“Home grown criminals. Home growns are next. You gotta build about five more places. It’s not big enough.”

Which brings us to a frightening echo of Jefferson’s objections to the “tyranny” of King George II, as outlined in the Declaration of Independence he authored and was signed on July 4, 1776:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed

“The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good. …

“He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers. …

“He has made Judges dependent on his Will alone

“He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws

“For depriving us in many cases, of the benefits of Trial by Jury:

“For transporting us beyond Seas to be tried for pretended offences: …

“For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: …

“In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.” (emphasis added)

If Trump and his ass-kissing lackeys aren’t stopped by public outrage, our courts, and our Constitution and laws, then America has ceased to be a functioning republic and the future is unknowable but certainly grim.

That would be, the Declaration says, the very definition of tyranny. As Senator Chris Murphy just posted to Bluesky:

“You may not think this case matters to you. But Abrego Garcia was legally in the U.S., just like all the rest of us. His status as an immigrant doesn’t matter as a matter of law. If Trump can lock up or remove ANYONE — no matter what the courts say — we are all at grave risk.”

Trump should be impeached for his defiance of the Supreme Court and our Constitution. For spitting in the face of our Founders and every American veteran who has ever fought (or died) for this country and it’s ideals. For using foreign concentration camps.

Tragically, however, Republicans in Congress and across the country are now fully in on the coup. They have chosen an egomaniacal, self-centered narcissist and his billionaire friends over their integrity, country, and their oath of office.

Show up in the streets this coming Saturday and reach out to your elected representatives to demand a return to the rule of law. 

The number for Congress is 202-224-3121, at least for the moment; like with Social Security, Trump may cut that phone number off any day now, too. 

Petula Dvorak of the Washington Post wrote about the efforts by the Trump administration to rewrite American history. Trump wants “patriotic history,” in which evil things never happened and non-white people and women were seldom noticed. In other words, he wants to control historical memory, sanitize it, and restore history as it was taught when he was in school about 65 years ago (1960), before the civil rights movement, the women’s movement, and other actions that changed what historians know and teach.

Dvorak writes:

A section of Arlington National Cemetery’s website highlighting African American military heroes is gone.

Maj. Lisa Jaster was the first woman to graduate from Army Ranger school. But that fact has been scrubbed from the U.S. Army Reserve [usar.army.mil] and Department of Defense websites. [search.usa.gov]

The participation of transgender and queer protesters during the LGBTQ+ uprising at New York’s Stonewall Inn was deleted from the National Park Service’s website [nps.gov] about the federal monument.

And the Smithsonian museum in Washington, which attracts millions of visitors who enter free each year, will be instructed by Vice President JD Vance to remove “improper ideology.”

In a series of executive orders, President Donald Trump is reshaping the way America’s history is presented in places that people around the world visit.

In one order, he declared that diversity, equity and inclusion efforts “undermine our national unity,” and more pointedly, that highlighting the country’s most difficult chapters diminishes pride in America and produces “a sense of national shame.”

The president’s orders have left historians scrambling to collect and preserve aspects of the public record, as stories of Black, Brown, female or LGBTQ+ Americans are blanched from some public spaces. In some cases, the historical mentions initially removed have been replaced, but are more difficult to find online.

That rationale has galvanized historians to rebuke the idea that glossing over the nation’s traumas — instead of grappling with them — will foster pride, rather than shame.

Focusing on the shame, they say, misses a key point: Contending with the uglier parts of U.S. history is necessary for an honest and inclusive telling of the American story. Americans can feel pride in the nation’s accomplishments while acknowledging that some of the shameful actions in the past reverberate today.

“The past has no duty to our feelings,” said Chandra Manning, a history professor at Georgetown University.

“History does not exist to sing us lullabies or shower us with accolades. The past has no obligations to us at all,” Manning said. “We, however, do have an obligation to the past, and that is to strive to understand it in all its complexity, as experienced by all who lived through it, not just a select few.”

That is not to say that the uncomfortable weight of difficult truths isn’t a valid emotion.

Postwar Germans were so crushed by the burden of their people’s past, from the horrors of the Nazi regime to the protection of war criminals in the decades after the war, that they have a lengthy word for processing it: vergangenheitsbewältigung, which means the “work of coping with the past.” It has informed huge swaths of German literature and film and has shaped the physical way European cities create memorials and museums.

America’s version of vergangenheitsbewältigung can be found across the cultural landscape. From films to books to classrooms and museums, Americans are learning more details about slavery in the South, the way racism has affected everything from baseball to health care, and how sexism shaped the military.

Trump, however, looks at the U.S. version of vergangenheitsbewältigung differently.
“Over the past decade, Americans have witnessed a concerted and widespread effort to rewrite our Nation’s history, replacing objective facts with a distorted narrative driven by ideology rather than truth,” said the executive order targeting museums, called “Restoring Truth and Sanity to American History.”

That is what “fosters a sense of national shame,” he says in his order.

Historians take exception to that. “I would argue that it’s actually weird to feel shame about what people in the past did,” Georgetown history professor Katherine Benton-Cohen said.
“As I like to tell my students, ‘I’m not talking about you. We will not use ‘we’ when we refer to Americans in the past, because it wasn’t us and we don’t have to feel responsible for their actions. You can divest yourself of this feeling,’” she said.

Germans also have a phrase for enabling a critical look at their nation’s past: die Gnade der spät-geborenen, “the grace of being born too late” to be held responsible for the horror of the Nazi years.

Benton-Cohen said she honed her approach to this during her first teaching job in the Deep South in 2003, when she emphasized the generational gap between her students and the history they were studying.

“They could speak freely of the past — even the recent past, like the 1950s and 1960s, because they weren’t there,” she said. “They were free to make their own conclusions. It was exciting, and it worked. Many told me it was the first time they had learned the history of the 1960s because their high schools — both public and private — had skipped it to avoid controversy. We did fine.”

Trump hasn’t limited his attempt to control how history is presented in museums or memorials. Among the first executive orders he issued was “Ending Radical Indoctrination in K-12 Schooling.” Another one sought to eliminate diversity, equity and inclusion in the nation’s workplaces, classrooms and museums. His version of American history tracks with how it was taught decades ago, before academics began bringing more diverse voices and viewpoints into their scholarship.

Maurice Jackson, a history professor at Georgetown University who specializes in jazz and Black history, said Black Americans have fought hard to tell their full story.

Black history was first published as “The Journal of Negro History” in 1916, in a townhouse in Washington when academic Carter G. Woodson began searching for the full story of his roots. A decade later, he introduced “Negro History Week” to schools across the United States, a history lesson that was widely cheered by White teachers and students alongside Black Americans who finally felt seen.

“Black history is America’s history,” Jackson said. And leaving the specifics of the Black experience out because it makes some people ashamed gives an incomplete picture of our nation, he said.

After Trump issued his executive orders, federal workers scrambled to interpret and obey them, which in some cases led to historical milestones being removed, or covered up and then replaced.

Federal workers removed a commemoration of the Tuskegee Airmen from the Pentagon website, then restored it. They taped butcher paper over the National Cryptologic Museum’s display honoring women and people of color, then uncovered the display.

Mentions of Harriet Tubman in a National Park Service display about the Underground Railroad were removed, then put back. The story of legendary baseball player Jackie Robinson’s military career was deleted from the Department of Defense website, then restored several days later.

Women known as WASPs risked their lives in military service — training and test pilots during World War II for a nation that didn’t allow them to open a bank account — is no longer a prominent part of the Pentagon’s digital story.

George Washington University historian Angela Zimmerman calls all the activity. which happened with a few keystrokes and in a matter of days, the digital equivalent of “Nazi book burnings.”

In response, historians — some professional, some amateur — are scrambling to preserve information before it is erased and forgotten.

The Organization of American Historians created the Records at Risk Data Collection Initiative, which is a callout for content that is in danger of being obliterated

This joins the decades-long work of preserving information by the Internet Archive, a California nonprofit started in 1996 that also runs the Wayback Machine, which stores digital records.

Craig Campbell, a digital map specialist in Seattle, replicated and stored the U.S. Geological Service’s entire historical catalogue. His work was crowdfunded by supporters.

“Historical maps are critical for a huge range of industries ranging from environmental science, conservation, real estate, urban planning, and even oil and gas exploration,” said Campbell, whose mapping company is called Pastmaps. “Losing access to the data and these maps not only destroys our ability to access and learn from history, but limits our ability to build upon it in so many ways as a country.”

After astronomer Rose Ferreira’s profile was scrubbed from, then returned, to NASA’s website, she posted about it on social media. In response, an online reader created a blog, Women in STEM, to preserve stories such as Ferreira’s.

“Programs that memorialize painful truths help ensure past wrongs are never revived to harm again,” Rep. Steven Horsford (D-Nevada), said on X, noting that presidents are elected to “run our government — not rewrite our history.”

Authoritarian leaders have long made the whitewashing of history a tool in their regimes. Joseph Stalin expunged rivals from historic photographs. Adolf Hitler purged museums of modernist art and works created by Jewish artists, which he labeled “degenerate.” Museums in Mao Zedong’s China glorified his ideology.

While this may be unfamiliar to Americans, Georgetown University history professor Adam Rothman says that in the scope of human history, “these are precedented times.”

It’s not yet clear what the real-world effect of Trump’s Smithsonian order will be or exactly how it will be carried out. Who will determine what exhibits cause shame and need to be removed? What will the criteria be? Will exhibits that discuss slavery, for instance, be eliminated or altered?

“Our nation is an ongoing experiment,” says Manning, the Georgetown history professor, who has written books about the Civil War. “And what helps us do that now in 2024 compared to 1776 is that we do have a shared past.

“Every single human culture depends upon, grows out of, and is shaped by its past,” she said. “It is the past that has shaped all of us, it is our past that contains the bonds that can really hold us together.”

It’s what makes the study — and threat to — American history unique among nations. Benton-Cohen said that is what she sees happen with her students.

“The American striving to realize the democratic faith and all the difficulties it entailed and challenges overcome should inspire pride, not shame,” she said. “If you feel shame, as the kids would say, that’s a ‘you’ problem. That’s why I still fly the flag at my house; I’m not afraid of the American past, I’m alive with the possibilities — of finding common cause, of fighting for equality, of appreciating our shared humanity, of upholding our freedoms.”

ICE swept up a Maryland man and deported him to the infamous prison in El Salvador for terrorists and hardened criminals. But Abrego Garcia was not a terrorist or a gang member. The Trump administration admitted that his arrest and detention was an “administrative error” but claimed that he could not be returned because he was no longer in U.S. jurisdiction. The lower federal courts ordered the administration to bring him back. The Trump administration objected–unwilling to bring home an innocent victim of their error–and the case went to the Supreme Court. The Supreme Court released a unanimous ruling that seemed to favor the return of Abrego Garcia.

Allison Gill took a close look at the decision and finds many opportunities in its decision to keep Mr. Garcia imprisoned.

She wrote:

It appears to be a victory – that the Supreme Court “unanimously” agrees that the government must “facilitate” the return of Abrego Garcia – the Maryland father that was disappeared to the CECOT torture prison in El Salvador on a government-admitted “administrative error.” 

But the Supreme Court did the wrong thing here by even bothering to weigh in.

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Do you remember in the immunity ruling, when the Supreme Court sent the case back down to Judge Chutkan after they made their “rule for the ages?” They shoved their robes where they didn’t belong because they should have just denied Trump’s application. Remanding it back to the District Court left the door open for Judge Chutkan’s clarification on official acts to be appealed again – all the way back up to the Supreme Court if necessary – so that the supremes could once again have final say over what the lower court had decided. It also had the added bonus of tacking at least another year of delay onto the case – provided the Supreme Court would have let the case live after the second go-round.

In the Abrego Garcia case, the liberal justices say they would have denied Trump’s application outright, leaving the lower court order in place:

Because every factor governing requests for equitable relief manifestly weighs against the Government, Nken v. Holder, 556 U. S. 418, 426 (2009), I would have declined to intervene in this litigation and denied the application in full. (Statement of Justice Sotomayor, with whom Justice Kagan and Justice Jackson join.)

Technically, the ruling is unanimous because the three liberal justices ultimately agree with the court’s ruling, but by intervening instead of denying the application outright, the Supreme Court is asking the District Court to clarify it’s ruling “with due regard” to Trump: 

The rest of the District Court’s order remains in effect but requires clarification on remand.The order properly requires the Government to “facilitate” Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.

The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairsI mean, you could park a truck in that sentence. It might as well say “Hey District Court, go ahead and give it a shot but don’t cross the blurry lines we aren’t going to draw and don’t break the secret rules which we aren’t going to tell you about. See you in a month!” 

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They were super vague on their instructions to the lower court in the immunity ruling, too: virtually guaranteeing the case would come before them again. Remember Footnote 3? It was about as clear as mud:

“[a] prosecutor may point to the public record to show the fact that the President performed the official act. And the prosecutor may admit evidence of what the President allegedly demanded, received, accepted, or agreed to receive or accept in return for being influenced in the performance of the act. … What the prosecutor may not do, however, is admit testimony or private records of the President or his advisers probing the official act itself. Allowing that sort of evidence would invite the jury to inspect the President’s motivations for his official actions and to second-guess their propriety. As we have explained, such inspection would be “highly intrusive” and would “ ‘seriously cripple’ ” the President’s exercise of his official duties. … And such second-guessing would threaten the independence or effectiveness of the Executive.”

And just as with the immunity ruling, the Supreme Court will likely get another review of whatever the court orders the Trump administration to do to return Abrego Garcia. Because I’m pretty sure that the government isn’t going to want to do what the lower court tells it to, nor will it be forthcoming with the steps it’s taking to comply with court orders. The Trump administration will say “The Supreme Court told you to have deference for how we conduct foreign affairs. You’re not deferencing enough.”

So yes, it’s awesome that the Supreme Court didn’t outright abandon Abrego Garcia, but now we’re going to potentially drag out the remedy – while a man is wrongfully imprisoned in a gulag – and give the Supremes another at-bat when things don’t go smoothly. The high court should have outright denied the application, just as they should have done in the immunity case. 

Just my two cents. 

~AG

   

SCOTUS, Explained is a newsletter written by senior correspondent Ian Millhiser. Check out more developments on the United States Supreme Court on our site.

Friends,

We just wrapped up another busy sitting at the Supreme Court — this week, the Court looks very likely to give another big win to religious employers, and maybe a little less likely to blow up Medicaid in order to spite Planned Parenthood.

But, rather than send you my write-ups of those two arguments, I will invite you instead to consider that it is unwise for Trump to target John, Brett, and Amy’s friends and law school classmates.

—Ian

Trump’s single most arrogant action

All nine of the Supreme Court justices are lawyers. All of them have friends and law school classmates in private practice. All of them sit at the apex of a legal system that depends on lawyers to brief judges on the matters those judges must decide. Many of them were themselves litigators at large law firms, where their livelihood depended on their ability to advocate for their clients without fear of personal reprisals.

So it’s hard to imagine a presidential action that is more likely to antagonize the justices President Donald Trump needs to uphold his agenda, not to mention every other federal judge who isn’t already in the tank for MAGA, than a series of executive orders Trump has recently issued. These actions aim to punish law firms that previously represented Democrats or clients opposed to Trump.

The lawyers targeted by these orders are the justices’ friends, classmates, and colleagues. It would likely be easy for, say, Chief Justice John Roberts or Justice Brett Kavanaugh to empathize with law partners who do the exact same work they once did.

The striking thing about all the law firm executive orders is that they barely even attempt to justify Trump’s decision with a legitimate explanation for why these orders are lawful.

The order targeting law firm Perkins Coie attacks the firm for “representing failed Presidential candidate Hillary Clinton” in its second sentence. The order targeting WilmerHale accuses it of engaging “in obvious partisan representations to achieve political ends,” as if Democrats do not have the same right to hire lawyers who advocate on their behalf that everyone else does.

The order targeting Jenner & Block justifies that attack because the firm once hired Andrew Weissmann, a prominent television legal commentator who, in the executive order’s words, engaged “in partisan prosecution as part of Robert Mueller’s entirely unjustified investigation” into Trump. Weissmann left Jenner in 2021.

The sanctions laid out in these orders, moreover, are extraordinary. They attempt to bar the firms’ attorneys and staff from federal buildings, preventing lawyers representing criminal defendants from engaging in plea bargaining with federal prosecutors — and potentially preventing lawyers who practice before federal agencies from appearing before those agencies at all. They also seek to strip security clearances from the firm’s lawyers, and to strip federal contracts from companies that employ the targeted law firms.

It’s hard to think of a precedent for this kind of sweeping attack on a business that did some work for a president’s political opponents. During the second Bush administration, a political appointee in the Defense Department criticized lawyers who represent Guantánamo Bay detainees and suggested that their firms’ clients should look elsewhere for legal representation. But that official apologized shortly thereafter. And he resigned his position three weeks after his widely criticized comments.

George W. Bush himself did not attempt anything even resembling the sanctions Trump now seeks to impose on law firms.

As Perkins Coie argues in a lawsuit challenging the order against that firm, these sanctions are an existential threat to the firms Trump is targeting. Perkins says that it “has nearly 1,000 active matters that require its lawyers to interact with more than 90 federal agencies,” and it fears it can’t continue many of those representations if it isn’t even allowed into the building to meet with government officials. Similarly, the firm says many of its biggest clients, including its 15 biggest clients, “have or compete for government contracts” that could be canceled unless those clients fire the firm.

Trump, in other words, is claiming the power to exterminate multibillion-dollar businesses, with over a thousand lawyers and as many support staff, to punish them for things as innocuous as representing a Democrat in 2016.

It’s hard to count all the ways these orders violate the Constitution. Perkins, in its lawsuit, alleges violations of the First Amendment right to free speech and free association, due process violations because it was given no hearing or notice of the sanctions against it, separation of powers violations because no statute authorizes Trump to sanction law firms in this way, and violations of their clients’ right to choose their own counsel — among other things.

The Trump administration has not yet filed a brief laying out its response to these arguments, but in a hearing, one of its lawyers claimed that the Constitution gives the president inherent authority to “find that there are certain individuals or certain companies that are not trustworthy with the nation’s secrets.”

Normally, when a litigant wants the courts to permit something that obviously violates existing law, they try to raise the issue in a case that paints them in a sympathetic light. But Trump has chosen to fight this fight on the most unfavorable ground imaginable.

There may be a perverse logic to Trump’s decision to fight on such unfavorable terrain. If he wins the right to punish law firms for representing a prominent Democrat a decade ago, it is unlikely that the Supreme Court will stop him from doing anything at all in the future. Most lawyers will be too scared of retaliation to even bring lawsuits challenging Trump’s actions. Already, one of the firms targeted by Trump, Paul Weiss, appears to have caved to him by agreeing to do $40 million worth of free legal work on causes supported by Trump’s White House. (Like Perkins, Wilmer and Jenner sued to block the orders targeting them.)

And, of course, if Trump’s endgame is to openly defy the courts, an obviously unconstitutional executive order targeting law firms that are in the business of suing the government is a good way to bring about that endgame quickly.

These stunning executive orders dare the courts to either make themselves irrelevant, or to trigger what could be the final showdown over the rule of law.

The anti-Thurgood Marshall strategy

If you want to understand how litigants normally proceed when they want to convince the courts to make audacious changes to the law, consider Sweatt v. Painter (1950), a case brought by future Justice Thurgood Marshall a few years before he successfully convinced the justices to declare public school segregation unconstitutional in Brown v. Board of Education (1954).

Marshall’s goal was to convince the justices that, as they eventually concluded in Brown, “separate education facilities are inherently unequal,” even if a state attempted to equalize the resources provided to segregated Black and white schools. Before he brought the much more difficult challenge to K-12 segregation, however, Marshall chose a more favorable ground to fight for integrated educational facilities: law schools.

In Sweatt, a Black man was denied admission to the University of Texas Law School solely because of his race. Rather than integrate UT, Texas opened a new law school for aspiring Black lawyers, and argued that this facility solved the constitutional problem because now Black law students could receive a similar education to the one they would receive at the state’s flagship university.

But the justices, all of whom were lawyers, understood the subtle hierarchies of the legal profession — in which where you go to law school can determine the entire trajectory of your career — all too well to be fooled by this arrangement.

As the Court’s unanimous decision explained, “the University of Texas Law School possesses to a far greater degree those qualities which are incapable of objective measurement but which make for greatness in a law school” — qualities like a reputation for excellence, and an alumni network full of successful lawyers eager to lend a hand to UT’s graduates.

Marshall, in other words, understood that, by appealing to the professional sensibilities of the justices, he could make them see that the concept of “separate but equal” is at odds with itself. And once those justices took the easy step of empathizing with law students denied access to an elite school, it was much easier to get them to see themselves in grade school students shunted into an inferior elementary school.

Trump has done the exact opposite of what Marshall did in Sweatt. And that means that the same empathy that Marshall’s clients benefited from in Sweatt and Brown is likely to cut against Trump.

Not only that, but the justices who will ultimately hear this case are likely to have unique sympathy for lawyers attacked by a politician seeking to discredit them, because many of them experienced just that in their confirmation hearings.

When Chief Justice John Roberts was nominated to the Supreme Court, for example, one of the few controversies surrounding his nomination was whether the positions he took as a lawyer representing a client could be attributed to him personally. Roberts had been a judge for only about two years when he was nominated for the Supreme Court, so his judicial record was quite thin, and some Democrats and their allies hoped to point to his work as a lawyer to discredit him. Among other things, they pointed to a brief Roberts signed as a Justice Department lawyer, which argued that Roe v. Wade should be overruled.

The White House and Senate Republicans’ defense of Roberts at the time was that a lawyer’s job is to represent their clients’ interests, even if they do not agree with the client. So it is unfair to attribute a former client’s views to their lawyer. And this was an excellent defense! The Constitution gives everyone a right to hire legal counsel to represent them before the courts. This entire system breaks down if lawyers who represent unpopular clients or positions face professional sanction for doing so.

The point is that the most powerful judge in the country, like numerous other judges who’ve had their careers probed by the Senate Judiciary Committee, has a very personal stake in the question of whether lawyers can be punished because the wrong elected officials don’t like their clients.

That does not mean that the author of the Court’s unconscionable Trump immunity decision will suddenly have an epiphany and turn against Donald Trump. But if Trump’s goal is to turn Roberts (and numerous other judges) against him, attacking lawyers who stand in very similar shoes to the ones Roberts wore 20 years ago is a pretty good way to do it.

📲  For more thoughts from Ian Millhiser, follow him on the platform he refuses to call “X” or on Threads.

After nearly a year of bargaining, the Chicago Teachers Union reached a landmark agreement with the City of Chicago and the school board. Karen Lewis, the late President of the Chicago Teachers, was a champion for the city’s children, their teachers, and the public schools. She must be smiling in heaven to see what the CTU has accomplished.

The CTU announced:

Chicago Teachers Union

NEWS ADVISORY: 
For Immediate Release

April 2, 2025

CONTACT:312-329-9100
Communications@ctulocal1.org

CTU to Hold Press Conference to Announce Results of Special House of Delegates Meeting

Union to announce results of next step to transform Chicago Public Schools after the 60+ rank and file members of the Big Bargaining Team sent tentative agreement to the House of Delegate members for approval.

What: Press conference announcing results of House of Delegates vote

Where: Chicago Teachers Union, 1901 W Carroll Ave; enter through the East entrance off Wolcott; parking will be available for camera trucks in the South lot (on Fulton)

When: Immediately following House of Delegates meeting (Meeting starts at 4:45pm and we will alert press once the media is adjourned)

Who: CTU officers, big bargaining team members, and elected delegates

In the next step toward ratifying a contract that represents a major leap forward in the process of transforming Chicago Public Schools started by CTU in 2012, the union will hold a special House of Delegates meeting on Wednesday, April 2nd. At the meeting, the elected delegates of the union will vote on whether or not the tentative agreement landed by the 60 rank and file members of the Big Bargaining Team shall be sent to the full membership for a vote as early as next week.

The union will hold a press conference immediately following the meeting to announce whether the tentative agreement that creates smaller class sizes, a historic investment in sports, grants recess students were being denied, and enshrines protections for Black history and academic freedom – among more than 150 other items – is going to a full membership vote or back to the bargaining table for improvements.

BACKGROUND

After more than eleven months of bargaining, working without a contract throughout the entire school year, and for the first time in more than 15 years of doing so without a strike or strike vote, the Chicago Teachers Union announced their big bargaining team made up of rank and file members approved a tentative agreement with Chicago Public Schools.

The tentative agreement will go to CTU’s House of Delegates Wednesday which will decide whether or not to advance it to CTU’s 30,000 members for a ratification vote. If accepted, it will represent a major leap forward in the transformation of a district that is still recovering from the gutting and financial irresponsibility carried out by Trump’s Project 2025 style efforts under Rahm Emanuel, Arne Duncan, Paul Vallas, and other privatization forces that closed over 200 public schools between 2002 and 2018.

Despite the efforts of right wing actors like Paul Vallas, The Liberty Justice Center, and Illinois Policy Institute, and the MAGA forces that seek to deny the investments Chicago’s students deserve, this proposed contract builds upon the past several contracts won by CTU in 2012, 2016, and 2019. It charts a new direction of investment, expansion of sustainable community and dual language schools, increased staffing, and a focus on reparatory equity to provide the educational experience Chicago students deserve no matter what neighborhood they live in.

The 2012 strike won the air conditioning that kept CPS open during the back-to-school heatwave at the beginning of the school year. 2016 established the model of 20 sustainable community schools, a program that helped to stabilize and resource schools like Dyett High School whose boy’s basketball team won the state championship this year. 2019 won social workers and nurses in every school and established the sanctuary status that protected CPS students from Trump’s federal agents earlier this year.

In 2025, some highlights of the Chicago Teachers Union contract include:

  • Doubles the number of libraries and librarians for our schools
  • Enforceable and smaller class sizes for all grade levels
  • Ensuring social workers and nurses serve students in every school, every instructional day
  • Doubles the bilingual education staffing supports for students 
  • Additional staffing, curricular and enrollment supports for Early Childhood education students and programs. 
  • Creates 215 more case manager positions district-wide to support students with disabilities. 
  • A cost of living adjustment of 17-20% compounded (tied to inflation) over the four years of the contract
  • Provide new steps that compensate veteran educators for their experience
  • Increases in prep time for clinicians, elementary and special education teachers so students arrive to classrooms ready for them
  • Expanded benefits for dental, vision, infertility and abortion care, gender-affirming care, hearing aids, speech therapy, physical therapy, occupational therapy, chiropractic services
  • A more than tripling of the number of Sustainable Community Schools, from 20 to 70, over the course of the agreement. 
  • Provides CTU, CPS, City and sister agency coordination for the first time to provide housing support, section 8 vouchers, rental assistance and affordable units to CPS families in need. 
  • Enshrines 12 weeks paid parental leave, equal parental, personal illness, and supplemental leave rights for PSRPs to teachers
  • A Green Schools initiation of additional resources and collaboration to remediate lead, asbestos and mold in aging school buildings while upgrading to green energy with environmentally sustainable technology, materials and practices. 
  • Protections for academic freedom, Black history, and culturally relevant curriculum for the first time in the contract. 
  • An additional $10 million annual investment in sports programming
  • Protections for academic freedom that enshrine educators’ ability to teach Black, indigenous, and other history
  • Continuation of Sanctuary School procedures
  • A new article that creates LGBTQIA+ safe schools

See the full list of tentative agreements at https://www.ctulocal1.org/movement/contract-2024.

“Our union is bargaining for what every parent wants for their child in our school communities. It shouldn’t be a fight for children to get access to arts, sports, wrap around supports, and libraries. It’s what should already exist,” explains CTU Local 1 President Stacy Davis Gates. “We’re proud to have landed a transformative contract that turns away from decades of disinvesting in Black children and turns toward creating the world-class education system for every single student in CPS no matter their zip code. If the contract is ratified by our members, we will be one major leap forward toward the educational experience Chicago’s children and the mainly women workers who serve them in our schools deserve.”

Additional Information:

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The Chicago Teachers Union represents nearly 30,000 teachers and educational support personnel working in schools funded by City of Chicago School District 299, and by extension, more than 300,000 students and families they serve. The CTU is an affiliate of the American Federation of Teachers and the Illinois Federation of Teachers and is the third-largest teachers local in the United States. For more information, please visit the CTU website at www.ctulocal1.org.