Archives for category: Justice

In this essay in The Washington Post, columnist Dana Milbank offers to give Elon Musk private lessons about the Constitution. At no extra fee, he will let Donald Trump join the class. Both men are woefully ignorant of the foundational principles of American law. Musk was raised in South Africa, when apartheid was in force, so his ignorance is understandable. Trump has no excuse.

Milbank writes:

The man President Donald Trump put in charge of taking a chain saw to federal agencies showed once again this week that he lacks even a rudimentary understanding of the government he is dismembering.

“This is a judicial coup,” Elon Musk proclaimed, reacting to the growing list of federal judges who have moved to halt the Trump administration’s headfirst plunge into lawlessness. “We need 60 senators to impeach the judges and restore rule of the people.”

How did this guy pass his citizenship test?

As the framers wrote in the Constitution, it is the House, not the Senate, that has “the sole power of impeachment.” And the Senate needs “the concurrence of two thirds of the members present” — 67, assuming full attendance, not 60 — to convict.

More important, the framers wrote that judges hold their offices for life “during good behavior” — which has been understood to mean they can only be impeached for corruption. That is how it has been since the 1805 impeachment trial of Supreme Court Justice Samuel Chase, when Chief Justice John Marshall, himself a Founding Father, persuaded the Senate to abandon the idea that “a judge giving a legal opinion contrary to the will of the legislature is liable to impeachment.”

Musk, growing up in apartheid-era South Africa, probably wasn’t taught to revere constitutional democracy. But what’s the excuse of his colleagues in the Trump administration?

They have issued scores of executive orders that flatly contradict the Constitution and the laws of the land. Apparently, they are hoping a submissive Supreme Court will reimagine the Constitution to suit Trump’s whims — and federal judges have reacted as they should, by slapping down these lawless power grabs. As such, the administration is on a prodigious losing streak in court. Judges, in preliminary rulings, have already blocked the administration more than 50 times. Over the past week alone, judges:


• Ended Musk’s access to the private Social Security data of millions of Americans for a “fishing expedition.”
• Halted Musk’s continued destruction of the U.S. Agency for International Development.
• Blocked enforcement of Trump’s executive order banning transgender people from military service.
• Stopped the administration from terminating $20 billion in grants from a congressionally approved climate program.
• Ordered the Education Department to restore $600 million in grants to place teachers in struggling schools.
• And, most visibly, required the administration to halt the deportation flights of Venezuelan migrants to a Salvadoran prison without any judicial review — an order the administration evidently defied.

There’s an obvious reason Trump is getting swatted down so often: He’s breaking the law. Instead of changing course, the administration is now trying to discredit the courts — and the rule of law. White House adviser Stephen Miller denounced “insane edicts of radical rogue judges” and declared that a judge had “no authority” to stop Trump. Border czar Tom Homan went full-on authoritarian on Fox News: “We’re not stopping,” he said of the deportation flights a judge had temporarily halted. “I don’t care what the judges think.”

Trump called the U.S. district judge in the case, James Boasberg (appointed to the bench by George W. Bush and elevated by Barack Obama) a “radical left lunatic” who, “like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!” This drew a quick rebuke from Chief Justice John Roberts (in case Musk doesn’t know this, he’s also a Bush appointee), who reminded Trump: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.”

Trump later told Fox News that he “can’t” defy a court order — welcome news, except he apparently had done exactly that in more than one case — while arguing that something had to be done “when you have a rogue judge.”

Someone has gone rogue here, but it isn’t the judge. Boasberg’s actions are squarely within the best tradition of the judiciary, for they are in defense of principle, enshrined in the Bill of Rights, that no person in this country, citizen or alien, may be “deprived of life, liberty, or property, without due process of law.” This is precisely what the Trump administration denied to those it deported and imprisoned.

Violations of due process have been alleged in dozens of the cases against Trump’s executive actions: terminating workers and programs; eliminating grants; violating union contracts; denying care to transgender people; banning the Associated Press from the White House; abolishing civil rights enforcement and everything else the administration calls “DEI”; harassing law firms; and summarily deporting migrants. All of these things were done without notice, without recourse, without adjudication and without clarity about which laws give the president the power to do them.


“Due process” might sound technical, but it was elemental to our founding and remains at the heart of our legal system. Trump’s flagrant denial of due process is so radical that it isn’t only at odds with 200 years of U.S. law — it’s also contrary to another 600 years of English law before that. For the benefit of Musk (who doesn’t seem to know about such things) and his colleagues (who don’t seem to care), perhaps a refresher is in order.

For this, I called Jeffrey Rosen, who runs the nonpartisan National Constitution Center, which finds consensus between conservative and liberal scholars. The concept of due process, he explained, is in the Magna Carta, which in 1215 asserted that “no free man shall be arrested or imprisoned … except by lawful judgment of his peers or by the law of the land.” Britain’s 1628 Petition of Right, written during parliament’s struggle against the dictatorial Charles I, holds that “no man … should be put out of his land or tenement nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of law.” The king, who imposed forced loans on his subjects and imprisoned people without trials, was beheaded during the English civil war.


“That example completely inspired the American Revolution,” Rosen explained. “They compared the tyranny of George III to the arbitrary rule of Charles I, saying George III was violating due process of law by insisting that patriots are tried in England rather than in local courts, that they can be put in jail without trial, and their liberty is at the whim of the king.” During the revolution, due-process provisions appeared in the constitutions of Pennsylvania, Virginia, New York, North Carolina and Vermont. Similar language was included in the Fifth Amendment to the Constitution, then eventually repeated in the 14th Amendment to apply to all states.
“The very foundation of constitutionalism, which means a government according to law rather than autocratic whim, is the due process of law,” Rosen told me. “What distinguishes a constitutional officeholder from an absolute monarch or a tyrant is that he is bound by the Constitution and by laws.” Without due process, there is no free market, because private property can be taken without justification or explanation. Without due process, there are no civil liberties, for a person’s freedom can be taken for any reason, or none at all.


Without due process, you have what we see today: a leader using a wartime statute in peacetime to declare certain people to be dangerous gang members without providing any evidence, then imprisoning them without charges and finally denying the authority of the courts and defying a court order requiring the leader to obey the laws as written. It is no exaggeration to say that this is the road to despotism.

The Trump administration’s attempt to upend 800 years of settled law is staggering, but it is easily lost in all the other chaos the president is spreading. The Federal Reserve this week said that it expects slower growth and higher inflation than it did before Trump took office, in large part because of his tariffs, while falling confidence among consumers and businesses has raised the danger of recession.

In foreign affairs, Israel has restarted the war in Gaza, and Trump has launched a military campaign to see the Iran-backed Houthi militants in Yemen “completely annihilated.”

Trump failed to get Russian dictator Vladimir Putin to agree to a ceasefire in Ukraine, despite Trump’s bullying of Kyiv and his termination of efforts to document Russian war crimes — including the kidnapping of Ukrainian children.

Trump silenced the Voice of America, to the benefit and delight of China, Russia and Iran. Even the annual visit of the Irish prime minister to the White House for St. Patrick’s Day became mired in controversy when MMA fighter Conor McGregor, given the podium in the White House briefing room, proclaimed that “Ireland is at the cusp of potentially losing its Irishness” because illegal migrants are “running ravage on the country.” Responded the prime minister: “Conor McGregor’s remarks are wrong, and do not reflect the spirit of St Patrick’s Day, or the views of the people of Ireland.”

The new administration’s bows to white nationalism continue apace. It removed, at least temporarily, thousands of pages from the Pentagon website and others that celebrated the integration of the armed forces and the contributions of people of color: a Native American who helped hoist the U.S. flag on Iwo Jima, the Navajo code talkers of World War II, the Native American who drafted the Confederacy’s terms of surrender, baseball great Jackie Robinson, and a Black Vietnam veteran, on whose page the URL was changed to “deimedal-of-honor.” Trump, meanwhile, reiterated his offer to give “safe refuge” to White South Africans, while at the same time expelling the South African ambassador. The administration has restored the names of Fort Benning and Fort Bragg, which honored Confederates — getting around a law prohibiting this by technically renaming the bases for other people with the surnames “Benning” and “Bragg.”

The Forward, a Jewish newspaper, reported this week that the head of Trump’s antisemitism task force shared a post on X on March 14 from a white-supremacist leader asserting that “Trump has the ability to revoke someone’s Jew card.” (The aide apparently later unshared the post, whose author led a group that called on Trump supporters to become “racially aware and Jew Wise.”)

The sabotage of the federal government continues, as recklessly as before: dramatically cutting Social Security staff, offices and phone support while simultaneously requiring millions more of the elderly and disabled to apply for benefits in person rather than online; slashing the taxpayer help staff at the IRS and calling off audits; scaling back scientific research at the Environmental Protection Agency and the National Institutes of Health. Paul Dans, the former chief of Project 2025, told Politico that there “is almost no difference between Project 2025 and what Trump was planning all along and is now implementing.”

Trump appointed conspiracy theorist Michael Flynn, Sean Spicer, Steve Bannon’s daughter and the former White House valet to boards overseeing the U.S. military academies. He took time to visit the Kennedy Center, where he has fired the leadership — and used the visit to share “personal stories and anecdotes, including about the first time he saw ‘Cats’ and which members of the cast he found attractive,” as The Post’s Travis Andrews reported. The administration ordered the release of files on the John F. Kennedy assassination before bothering to remove the Social Security numbers of some people who are still alive.

Trump and his cronies continue to use the federal government for personal gain. Following last week’s promotional event for Musk’s Tesla at the White House, the commerce secretary recommended people buy Tesla stock, and the White House has installed Musk’s Starlink service despite security concerns. At the same time, Trump’s crypto project released a second crypto coin, raising $250 million to bring its total to $550 million — and 75 percent of the earnings go into the Trump family’s pockets. All of this is about as on the level as Trump’s golf game. “I just won the Golf Club Championship … at Trump International Golf Club,” he announced on Sunday, as storms and tornadoes ravaged a swath of the country. “Such a great honor!”

The most ominous development, though, is Trump’s expanding abuse of power to silence critics and disable political opponents. He went to the Justice Department last week and delivered a speech attacking lawyers who opposed him, such as Jack Smith, Andrew Weissmann, Norman Eisen and Marc Elias, as “scum” and “bad people” — and the administration has revoked the security clearances of many such lawyers. After issuing executive orders seeking to destroy three law firms because of their ties to Trump’s opponents, the administration has gone after 20 more law firms over their supposed DEI programs.

In the case of the alleged Venezuelan gang members, administration officials and allies are celebrating their defiance of the court. President Nayib Bukele of El Salvador, which the Trump administration is paying to jail deported migrants at its infamous 40,000-inmate prison, responded on X to Judge Boasberg’s order by saying “Oopsie … too late,” with a laugh-cry emoji. Secretary of State Marco Rubio retweeted it, and Musk added his own laughing emoji. And Attorney General Pam Bondi outrageously claimed “a DC trial judge supported Tren de Aragua terrorists over the safety of Americans” — even though the migrants would not have been released under the court order, which only delayed their deportation.

After a reporter asked the president whether he would cut off Secret Service protection for former president Joe Biden’s children, Trump did exactly that. Trump’s acting head of the Social Security Administration admitted that he had canceled contracts with the state of Maine because he was “upset” at Maine Gov. Janet Mills, a Democrat, for not being “respectful” of Trump during a public exchange they had. Congressional Republicans, meanwhile, have asked Trump’s FBI to probe the main Democratic fundraising platform, saying it “has advanced the financial interests of terror.”

Trump cut off $175 million of government funds going to the University of Pennsylvania because of its policy on trans athletes, following the White House’s suspension of $400 million of funds to Columbia University over Gaza protests there and its demand that the school change its discipline and admissions policies. More than 50 other universities are under investigation. Trump’s acting U.S. attorney for D.C., Ed Martin, has threatened to punish Georgetown Law School if it doesn’t change its curriculum, calling it “unacceptable” for the school to “teach DEI.”

Trump, in his appearance at DOJ, said negative coverage of him on CNN and MSNBC “has to be illegal.” He proclaimed that Biden’s use of the pardon, a constitutional power, to preemptively protect members of the House Jan. 6 committee from Trump’s harassment was “null and void.”

He fired the two Democratic commissioners from the Federal Trade Commission, his latest defiance of federal statutes protecting independent commissions. His administration fired the board of the independent U.S. Institute of Peace and seized control of its building, physically removing its president and threatening prosecution.

Then there are the summary deportations of people Trump finds undesirable. The administration has arrested and is seeking to deport a Columbia graduate student who is a green-card holder with no criminal record because of his role in Gaza protests. It deported a Brown University doctor even though a judge had issued an order requiring 48 hours’ notice before her deportation.

In the House, Trump’s allies raced to obey his instructions, filing impeachment articles against Boasberg on Tuesday. Freshman Rep. Brandon Gill (R-Texas) submitted the articles, joined by five others. House Republicans have also moved to impeach four other federal judges over disagreements with their rulings.

Thus are Trump and his allies ignoring 215 years of precedent, going back to Samuel Chase, that objections to courts’ opinions are to be resolved through the appeals process, not impeachment.
Thus are Trump and his allies turning their backs on 810 years of precedent, going back to the Magna Carta, in which we protect ourselves from tyranny through the due process of law.

But this is where we are. White House press secretary Karoline Leavitt, in a delectable Freudian slip, proclaimed in a briefing this week that “we want to restore the Department of Justice to an institution that focuses on fighting law and order.”


If that is the goal, the Trump administration is to be congratulated on a job well done.

Jay Kuo is a lawyer , blogger, and author who here explains a very important court ruling that finally, at last, challenged the constitutionality of Musk and his DOGE vandals. They have gone through agency after agency, copying personal data, firing employees without any knowledge of their role, and generally wreaking havoc.

Anyone with the barest knowledge of the Constitution knows that the power of the purse belongs to Congress, not the President and certainly not to the President’s biggest campaign donor and his team of young hackers. If they know even more about the Constutution, they know that no one can shut down an agency or Department that was authorized by Congress except Congress itself.

One judge said stop.

Jay Kuo explains the decision and why it is important. The post appeared on Wednesday March 19.

He writes:

There are a lot of lawsuits and a lot of moving parts. But best I can tell, yesterday’s ruling from Judge Theodore Chuang of the federal district of Maryland was the first time any judge has directly addressed the illegality of Musk’s appointment as head of DOGE and then ordered his actions unwound.

Specifically, Judge Chuang, in a 68-page preliminary injunction, blasted the illegal appointment of Musk, ruled the ensuing shutdown of USAID by DOGE illegal, and barred Musk and DOGE from any further work at USAID.

A lot has happened since Musk first took the reins at DOGE, so to understand the impact of this order—specifically what it does and does not do within USAID and how it might have ripple effects in other cases—it’s useful to go back in time to the beginning of February, when Musk and DOGE first started taking a chainsaw to the federal government.

“Fed to the woodchipper”

In early February, DOGE workers arrived at USAID and sought access to the agency’s systems. Because USAID operates in many foreign countries, intelligence reports and assessments are commonly generated around its work. When DOGE members attempted to gain access to classified files, two security officials with the agency attempted to stop them. In response to the officials’ frankly heroic actions, they were placed on leave by the administration.

That was one of the first signs things were going to get very bad, very quickly. Musk even bragged online that over that weekend he and DOGE had “fed USAID into the wood chipper.”

DOGE proceeded to cut off email and computer access to USAID workers. Then, as CBS News summarized, hundreds of USAID officials were placed on administrative leave, the agency’s website went dark, email accounts were deactivated, and USAID’s Washington, D.C., headquarters were occupied by U.S. Customs and Border Protection.

Secretary of State Marco Rubio quickly named himself acting director of USAID and then proceeded to cancel 83 percent of its contracts. This left nonprofits around the world unable to continue their life saving work. The New York Times estimated that USAID’s shutdown would lead to hundreds of thousands, or even millions, of deaths worldwide from disease.

Dozens of USAID staffers sued, arguing that Musk’s and DOGE’s actions were wholly unauthorized because Musk was never appointed and confirmed by the Senate, as required under the Constitution. They further argued that only Congress, not the executive branch, has the authority to shutter an agency established by statute rather than by executive order.

An “end-run around the Appointments Clause”

One of the most important parts of Judge Chuang’s ruling confirms that the administration tried to have it both ways with Musk.

On the one hand, there Musk was, with DOGE members already inside of an agency, bragging about how he had destroyed it in the course of a weekend. Musk made public statements and posts claiming he had firm control over DOGE, and Trump even praised Musk for this in his joint address to Congress.

Per the New York Times,

The judge noted that Mr. Musk, during a cabinet meeting he attended at the White House last month, acknowledged that his team had accidentally slashed funding for Ebola prevention administered [by USAID]. He also cited numerous instances in which Mr. Trump and Mr. Musk have both spoken publicly about their reliance on Mr. Musk’s team to effectuate goals like eliminating billions in federal contracts.

In addition to the “wood chipper” post, Judge Chuang noted that Musk wrote in February that it was time for USAID to “die” and that his team was in the process of shutting the agency down.

On the other hand, the government tried to argue that Musk was only serving in some kind of advisory rather than official role. Government attorneys have argued in many cases that Musk does not have formal authority to make government decisions, and therefore he didn’t need to have been formally appointed by Trump and officially confirmed by the Senate.

When pressed as to who was actually in charge of DOGE then, the White House claimed last month that a woman named Amy Gleason, who worked for DOGE’s predecessor, was its acting administrator.

That’s so very odd, because as Kyle Cheney of Politico noted with a journalistic eagle eye, in a recent court filing in another matter the administration revealed that Gleason was actually hired by Health and Human Services as an “expert/consultant” on March 4. That’s just a few days after the White House insisted she was the acting administrator of DOGE.

The fact is, the government has been DOGE-ing the truth for weeks about who was really in charge. Everyone knew and bragged that it was Elon Musk, but that actually created a legal problem because of the pesky Appointments Clause. So they apparently filed false affidavits with the courts to try and backfill the position with someone who was never in charge of it, and then they got caught.

Judge Chuang wrote this while ruling for the plaintiffs on their Appointments Clause claim:

To deny plaintiffs’ Appointments Clause claim solely on the basis that, on paper, Musk has no formal legal authority relating to the decisions at issue, even if he is actually exercising significant authority on governmental matters, would open the door to an end-run around the Appointments Clause.

If a president could escape Appointments Clause scrutiny by having advisors go beyond the traditional role of White House advisors who communicate the president’s priority to agency heads and instead exercise significant authority throughout the federal government so as to bypass duly appointed officers, the Appointments Clause would be reduced to nothing more than a technical formality.

Judge Chuang further noted that Musk appears to have been involved in the closure of the Consumer Financial Protection Bureau headquarters and that he and DOGE “have taken other unilateral actions without any apparent authorization from agency officials,” including firing staff at the Department of Agriculture and National Nuclear Security Administration.

“Under these circumstances, the evidence presently favors the conclusion that contrary to defendants’ sweeping claim that Musk acted only as an advisor, Musk made the decisions to shutdown USAID’s headquarters and website even though he ‘lacked the authority to make that decision,’” Chuang wrote, throwing arguments made by the Trump administration right back at them.

Musk’s “unilateral, drastic actions”

Plaintiffs also claimed that the executive branch had acted outside of its authority in seeking to shut down an agency established by congressional statute. Judge Chuang agreed.

“There is no statute that authorizes the Executive Branch to shut down USAID,” Judge Chuang wrote, noting that only Congress has the constitutional authority to eliminate agencies it has created.

“Where Congress has prescribed the existence of USAID in statute pursuant to its legislative powers under Article I, the president’s Article II power to take care that the laws are faithfully executed does not provide authority for the unilateral, drastic actions taken to dismantle the agency,” Chuang wrote.

He concluded, “The public interest is specifically harmed by defendants’ actions, which have usurped the authority of the public’s elected representatives in Congress to make decisions on whether, when and how to eliminate a federal government agency, and of officers of the United States duly appointed under the Constitution to exercise the authority entrusted to them.”

But… he can’t truly undo the damage

The judge was stark in his assessment of the fatal injuries Musk and DOGE have inflicted upon USAID. He noted that because of the firings, the freezing of funds, the locking out of staff access to computers and communications, and the shuttering of the building itself, USAID is no longer capable of performing as required by statute.

“Taken together, these facts support the conclusion that USAID has been effectively eliminated,” Chuang wrote.

And while he ordered DOGE to reinstate email access to all employees and to submit a plan to allow them to reoccupy the building, he acknowledged that it wouldn’t be long before someone with actual authority could allow DOGE back in. That’s because even though something may have been illegal and unauthorized at the time it was done, someone with the proper constitutional and legal authority can in theory come back later and ratify those actions.

That effectively means that Secretary of State Marco Rubio, who is Senate-confirmed and now the acting director of USAID, is still free in a couple of weeks to order the permanent closure of the main facility in Washington, as he had planned. And even though another judge has ordered $2 billion in USAID’s frozen foreign aid funds released, and there might even be enough employees now available to make that happen, once that work is done USAID might still functionally cease to exist.

So is this an empty victory?

If USAID employees get to return to the building and access their emails and computer systems, only to be kicked out of it later and likely fired all over again, isn’t this just a hollow win?

The ruling may not save USAID from its fate, especially with an administration so bent on eliminating it entirely and the power to ratify DOGE’s activities after the fact. But thinking ahead a bit, this ruling could still throw significant sand in the gears of DOGE going forward.

If Elon Musk is, as Judge Chuang has ruled, the effective head of DOGE, and his position and consequential actions as an effective agency head requires him to have been formally appointed by Trump and confirmed by the Senate, then this will help other litigants in other cases put an immediate stop to what DOGE is doing currently. That could gum things up for Musk, who would suddenly lack the power to slash and burn the government using just his team of hackers.

Instead, the agencies and departments themselves would have to order all of the cuts, cancellations and terminations. And there may be far more statutory limits and processes governing what they as agencies can do. Further, plaintiffs are likely far more accustomed to challenging a familiar foe like a big government agency than an inter-agency, non-transparent wrecking crew like DOGE.

We will have to wait and see how this plays out. But I imagine Judge Chuang’s decision is going to start showing up as a big red stop sign in every case challenging the authority of DOGE to have done what it did and to keep doing what it’s doing.

David Kurtz of Talking Points Memo describes the evisceration of all guardrails that protect us from looting by public officials and private billionaires.

Trump’s flunkies have eliminated the Inspectors General in every Department; they are the nonpartisan watchdogs who scrutinize contracts and official actions to prevent waste, fraud, and abuse. They were all summarily fired, without even the 30-day notice to Congress required by law and without cause.

Kurtz writes about the purge at the Justice Department, which will never again investigate Trump or any of his allies.

Attorney General Pam Bondi has eviscerated the Department of Justice’s Public Integrity Section, NBC News reports, in another sign that rampant unrestrained public corruption will be a defining feature of the Trump era.

We didn’t get here overnight. A social, political, and legal transformation over the past decade has removed many of the most important guardrails to contain public corruption. The 2016 Supreme Court decision in McDonnell v. United States was the most overt early sign that democracy’s endemic but manageable corruption was going to be allowed to run free.

The implications of that and similar subsequent decisions are hard to isolate from the wholesale corruption that Donald Trump brought to the table beginning that same year. But the rank corruption of his first term pales next to the structural changes he’s already wrought less than two months into his second term.

The Trump White House’s takeover of the Justice Department writ large is the greatest boon to public corruption, but there have been a series of particularly egregious actions – like Trump’s executive order crapping all over the Foreign Corrupt Practices Act – that have cleared the way for more wrongdoing and less accountability for wrongdoers.

Bondi’s decision to strip the Public Integrity Section bare leaves Main Justice’s experienced career prosecutors on the sidelines in public corruption cases, shifts the onus to bring (and not to bring) such cases to more politically malleable U.S. attorneys, and weakens the mechanism for ensuring nationwide consistency across investigations and cases.

Unrestrained public corruption creates its own perverse political culture. It feeds into cynicism and nihilism about government that in turn is exploited by figures like Trump to justify further weakening and undermining the rule of law. It’s a death spiral and we’re now firmly in the grips of it.

It’s not customary for the President to speak at the Department of Justice, which seeks a measure of independence, but Trump is not a traditionalist. He spoke today at the DOJ, whined about how unfairly he had been treated (by clipping and hiding top secret documents and inspiring an insurrection to overturn the election), and railed against those who had prosecuted him. It was typical Trump: aggrieved, bitter, self-pitying, angry.

He said that his courtroom opponents were “scum,” the judges were “corrupt,” and the prosecutors “deranged.”

He said the people who did this to him are “bad people,” and they should be imprisoned.

Trump vowed to “remake the agency and retaliate against his enemies.”

He is unhinged, deranged, vindictive, and we are in deep trouble.

In this post, historian Heather Cox Richardson reminds us of the struggle to secure voting rights for Black Americans, as she commemorates the anniversary of “Bloody Sunday.” For most people, these stories are history. For me, because I am old, they are memories. in my lifetime, Black voters across the South were disenfranchised. People who advocated for civil rights, the right to vote, and racial equality put their lives at risk in the South. The KKK was active. Black churches were bombed. Civil rights leader Medger Evers was murdered while standing in his driveway.

The struggle for equal rights was violent and bloody. Yet today, we are told by our President and his allies that we shouldn’t talk about these parts of the past. It’s not patriotic. It’s “woke.” It’s DEI. It’s divisive. Let’s not talk about race anymore. Let’s all be colorblind. That’s what Dr. King wanted, wasn’t it? Cue the quote about being judged by “the content of their character, not the color of their skin.” No, that’s not what he wanted. He spoke hopefully about a future where no one was disadvantaged by the color of their skin. Where everyone had the same and equal rights. Where racism and prejudice no longer existed.

But that’s not the society we live in today. We live in a society where people of color and women are openly disparaged by the President as “DEI hires.” When race and gender are no longer reasons to belittle and demean people, then we can judge everyone by the content of their character. But that day has not arrived.

Heather Cox Richardson writes:

Black Americans outnumbered white Americans among the 29,500 people who lived in Selma, Alabama, in the 1960s, but the city’s voting rolls were 99% white. So in 1963, Black organizers in the Dallas County Voters League launched a drive to get Black voters in Selma registered. The Student Nonviolent Coordinating Committee, a prominent civil rights organization, joined them.

In 1964, Congress passed the Civil Rights Act, but the measure did not adequately address the problem of voter suppression. In Selma a judge had stopped the voter registration protests by issuing an injunction prohibiting public gatherings of more than two people.

To call attention to the crisis in her city, Amelia Boynton, a member of the Dallas County Voters League acting with a group of local activists, traveled to Birmingham to invite Reverend Martin Luther King Jr. to the city. King had become a household name after delivering his “I Have a Dream” speech at the 1963 March on Washington, and his presence would bring national attention to Selma’s struggle.

King and other prominent members of the Southern Christian Leadership Conference arrived in January to push the voter registration drive. For seven weeks, Black residents tried to register to vote. County Sheriff James Clark arrested almost 2,000 of them on a variety of charges, including contempt of court and parading without a permit. A federal court ordered Clark not to interfere with orderly registration, so he forced Black applicants to stand in line for hours before taking a “literacy” test. Not a single person passed.

Then on February 18, white police officers, including local police, sheriff’s deputies, and Alabama state troopers, beat and shot an unarmed 26-year-old, Jimmie Lee Jackson, who was marching for voting rights at a demonstration in his hometown of Marion, Alabama, about 25 miles northwest of Selma. Jackson had run into a restaurant for shelter along with his mother when the police started rioting, but they chased him and shot him in the restaurant’s kitchen.

Jackson died eight days later, on February 26.

The leaders of the Southern Christian Leadership Conference in Selma decided to defuse the community’s anger by planning a long march—54 miles—from Selma to the state capitol at Montgomery to draw attention to the murder and voter suppression. Expecting violence, the Student Nonviolent Coordinating Committee voted not to participate, but its chair, John Lewis, asked their permission to go along on his own. They agreed.

On March 7, 1965, sixty years ago today, the marchers set out. As they crossed the Edmund Pettus Bridge, named for a Confederate brigadier general, Grand Dragon of the Alabama Ku Klux Klan, and U.S. senator who stood against Black rights, state troopers and other law enforcement officers met the unarmed marchers with billy clubs, bullwhips, and tear gas. They fractured John Lewis’s skull and beat Amelia Boynton unconscious. A newspaper photograph of the 54-year-old Boynton, seemingly dead in the arms of another marcher, illustrated the depravity of those determined to stop Black voting.

Images of “Bloody Sunday” on the national news mesmerized the nation, and supporters began to converge on Selma. King, who had been in Atlanta when the marchers first set off, returned to the fray.

Two days later, the marchers set out again. Once again, the troopers and police met them at the end of the Edmund Pettus Bridge, but this time, King led the marchers in prayer and then took them back to Selma. That night, a white mob beat to death a Unitarian Universalist minister, James Reeb, who had come from Massachusetts to join the marchers.

On March 15, President Lyndon B. Johnson addressed a nationally televised joint session of Congress to ask for the passage of a national voting rights act. “Their cause must be our cause too,” he said. “[A]ll of us…must overcome the crippling legacy of bigotry and injustice. And we shall overcome.” Two days later, he submitted to Congress proposed voting rights legislation.

The marchers remained determined to complete their trip to Montgomery, but Alabama’s governor, George Wallace, refused to protect them. So President Johnson stepped in. When the marchers set off for a third time on March 21, 1,900 members of the nationalized Alabama National Guard, FBI agents, and federal marshals protected them. Covering about ten miles a day, they camped in the yards of well-wishers until they arrived at the Alabama State Capitol on March 25. Their ranks had grown as they walked until they numbered about 25,000 people.

On the steps of the capitol, speaking under a Confederate flag, Dr. King said: “The end we seek is a society at peace with itself, a society that can live with its conscience. And that will be a day not of the white man, not of the black man. That will be the day of man as man.”

That night, Viola Liuzzo, a 39-year-old mother of five who had arrived from Michigan to help after Bloody Sunday, was murdered by four Ku Klux Klan members who tailed her as she ferried demonstrators out of the city.

On August 6, Dr. King and Mrs. Boynton were guests of honor as President Johnson signed the Voting Rights Act of 1965. Recalling “the outrage of Selma,” Johnson said: “This right to vote is the basic right without which all others are meaningless. It gives people, people as individuals, control over their own destinies.”

The Voting Rights Act authorized federal supervision of voter registration in districts where African Americans were historically underrepresented. Johnson promised that the government would strike down “regulations, or laws, or tests to deny the right to vote.” He called the right to vote “the most powerful instrument ever devised by man for breaking down injustice and destroying the terrible walls which imprison men because they are different from other men,” and pledged that “we will not delay, or we will not hesitate, or we will not turn aside until Americans of every race and color and origin in this country have the same right as all others to share in the process of democracy.”

As recently as 2006, Congress reauthorized the Voting Rights Act by a bipartisan vote. By 2008 there was very little difference in voter participation between white Americans and Americans of color. In that year, voters elected the nation’s first Black president, Barack Obama, and they reelected him in 2012. And then, in 2013, the Supreme Court’s Shelby County v. Holder decision struck down the part of the Voting Rights Act that required jurisdictions with a history of racial discrimination in voting to get approval from the federal government before changing their voting rules. This requirement was known as “preclearance.”

The Shelby County v. Holder decision opened the door, once again, for voter suppression. A 2024 study by the Brennan Center of nearly a billion vote records over 14 years showed that the racial voting gap is growing almost twice as fast in places that used to be covered by the preclearance requirement. Another recent study showed that in Alabama, the gap between white and Black voter turnout in the 2024 election was the highest since at least 2008. If nonwhite voters in Alabama had voted at the same rate as white voters, more than 200,000 additional ballots would have been cast.

Democrats have tried since 2021 to pass a voting rights act but have been stymied by Republicans, who oppose such protections. On March 5, 2025, Representative Terri Sewall (D-AL) reintroduced the John R. Lewis Voting Rights Advancement Act, which would help restore the terms of the Voting Rights Act, and make preclearance national.

The measure is named after John Lewis, the Student Nonviolent Coordinating Committee leader whose skull law enforcement officers fractured on the Edmund Pettus Bridge. Lewis went on from his days in the Civil Rights Movement to serve 17 terms as a representative from Georgia. Until he died in 2020, Lewis bore the scars of March 7, 1965: Bloody Sunday.

The news every day is hard to stomach. It was bad enough that the Republicans appointed Kash Patel to lead the FBI, despite his documented history as a Trump flunkie, a conspiracy theorist, and a liar. Republicans who served in the first Trump term were aghast at his selection. Republican Senators choked but confirmed him.

Trump selected as the #2 at the FBI a guy who is even worse than Kash Patel: Dan Bongino.

Bongino started his career in the New York City Police Department, then joined the Secret Service. He left the Secret Service and morphed into an extremist. He ran for office three times and lost three times. He found his niche as a far-rightwing podcaster. He used his wildly popular podcast to stir hatred and fear. He, like Patel, is a conspiracy theorist.

He fervently believes that Trump won the 2020 election but was cheated by the Democrats. He ranted against vaccines and masks during the pandemic. He has said that the FBI is corrupt and should be cleaned out (Patel previously said that if he ever led the FBI, he would close its headquarters and turn it into a museum of the Deep State).

TIME magazine wrote this about Bongino:

The deputy director serves as the FBI’s second-in-command and is traditionally a career agent responsible for the bureau’s day-to-day law enforcement operations. The position does not require Senate confirmation. But Bongino, like Patel, has never served in the FBI, raising questions about their experience level when the U.S. is facing escalating national security threats…

The two are inheriting an FBI gripped by turmoil as the Justice Department over the past month has forced out a group of senior bureau officials and made a highly unusual demand for the names of thousands of agents who participated in investigations related to the Jan. 6, 2021, riot at the U.S. Capitol.

Bongino served on the presidential details for then-Presidents Barack Obama and George W. Bush, before becoming a popular right-wing figure. He became one of the leading personalities in the Make America Great Again political movement to spread false information about the 2020 election, which Trump and allies have continued to maintain was marred by widespread fraud even though such claims have been widely rejected as false by judges and former Trump attorney general William Barr.

In another article in TIME, Bongino was described:

Bongino, like many new leaders across the Trump Administration including Patel, represents a radical departure from convention for his role. The FBI deputy director, which does not require Senate confirmation, is traditionally an active agent with significant operational expertise and experience—something Patel reportedly agreed to maintain before selecting Bongino.

Bongino, a 50-year-old former Secret Service agent turned conservative-media commentator, is instead most well known for his outspoken support for Trump and his frequent spreading of misinformation, including about the FBI…

Bongino’s popularity and brash style earned him a contract in 2018 with NRATV, the National Rifle Association’s short-lived online video channel. “My entire life right now is about owning the libs,” Bongino famously said during a segment in October 2018.

Over the years, Trump took notice of Bongino, frequently posting on social media about his comments. “Did you see what Bongino said?” Trump reportedly told a confidant after seeing Bongino as a contributor on Fox News in 2018, according to the Daily Beast. “He’s so right, he’s just so right about it all. You have to see it.”

In other words, Trump can be certain that he will not be investigated by the FBI. He owns it. Any agent who participated in the investigation of his ties to Putin or his theft of highly classified documents is likely to be ousted.

Trump controls the FBI, the Justice Departnent, the intelligence agencies, and the military.

Its pretty damn terrifying.

At a White House meeting with Trump, he picked a fight with Janet Mills, the governor of Maine. He asked if she was present, then berated her because Maine allows transgender women to compete in women’s sports. Governor Mills stood up for Maine’s laws and didn’t back down. Trump threatened to cut off all federal funding to Maine. Mills said, in a direct challenge to Trump, “we will see you in court.”

Republicans used to be the party that believed in local control and in diminishing federal control over state and local decisions. No more. Trump is obsessed with the transgender issue. He signed an executive order banning their participation in women’s sports. In other orders, he has tried to erase any civil rights for transgender men or women, any access to medical care for them, and to define them out of existence.

I am not sure where I stand on the question of whether transgender women should participate in women’s sports; after all, biologically, men are typically stronger and faster than women. I am not sure it is fair to have biological men and women competing in races that require physical strength.

But of this I am sure: transgender men and women should be allowed to live their lives without harassment by government. Their decisions are theirs alone. They should get the medical care they seek from qualified professionals. They should use whichever bathroom they want. People don’t become transgender so they can go to a different bathroom. Women’s bathrooms all have closed stalls. Are men worried that a transgender man might see them pointing their penises at a urinal? Really?

Government should butt out of people’s personal decisions. Government should stay out of our bedrooms and out of our doctor’s offices. The decisions we make about our lives that don’t hurt anyone else should not be controlled by government. As Governor Tim Walz memorably said, “Mind your own damn business.”

The Boston Globe reported:

President Trump had a testy exchange with Maine Governor Janet Mills on Friday over his threat to withhold federal funding from the state unless it bans transgender athletes from competing in women’s and girls’ sports.

“You better do it, because you’re not going to get any federal funding,” Trump told the Maine Democrat at a White House event.

Mills told Trump the state’s policy is “complying with state and federal laws” and hinted at a potential legal battle over Trump’s order.

“We’re going to follow the law, sir,” she said.

“We’ll see you in court,” she added.

“Good, I’ll see you in court. I look forward to that — that should be a real easy one,” Trump said. “Enjoy your life after governor because I don’t think you’ll be in elected politics.”

The confrontation came a day after Trump told a group of governors that he “heard men are still playing in Maine” and threatened to withhold funding under the terms of an executive order he signed earlier this month.

“So we’re not going to give them any federal funding. None, whatsoever, until they clean that up,” Trump said Thursday at the Republican Governor’s Association meeting in Washington, D.C.

The executive order barred transgender girls and women from participating in female sports, reinforcing a key Republican stance in the 2024 campaign. The order grants federal agencies broad authority to enforce Title IX according to the Trump administration’s interpretation, which defines sex as a person’s gender at birth.

Several lawsuits have been filed against Trump’s transgender policies, with more challenges expected.

The Maine Principals’ Association allows transgender student athletes to choose between competing on a team based on their sex at birth or one that matches their gender identity. Despite Trump’s order, the group said it will continue to allow transgender female athletes to compete.

Mills, who was elected in 2019, said in a statement that Maine “will not be intimidated” by Trump’s threats, adding the state will “take all appropriate and necessary legal action.”

“If the president attempts to unilaterally deprive Maine schoolchildren of the benefit of federal funding, my administration and the attorney general will take all appropriate and necessary legal action to restore that funding and the academic opportunity it provides,” Mills said.

Do you have 10-15 minutes to read a very important article? It contains a lot of alarming details about the 19-year-old computer whiz on Elon Musk’s DOGE team.

Brian Krebs, a former Washington Post reporter, writes a blog about Internet security called Krebs on Security. In this awesome post, he describes the links of Edward Coristine to known cyber criminals.

Krebs is an expert on cybercrime.

He writes:

Wired reported this week that a 19-year-old working for Elon Musk‘s so-called Department of Government Efficiency(DOGE) was given access to sensitive US government systems even though his past association with cybercrime communities should have precluded him from gaining the necessary security clearances to do so. As today’s story explores, the DOGE teen is a former denizen of ‘The Com,’ an archipelago of Discord and Telegram chat channels that function as a kind of distributed cybercriminal social network for facilitating instant collaboration.

Since President Trump’s second inauguration, Musk’s DOGE team has gained access to a truly staggering amount of personal and sensitive data on American citizens, moving quickly to seize control over databases at the U.S. Treasury, the Office of Personnel Management, the Department of Education, and the Department of Health and Human Resources, among others.

Wired first reported on Feb. 2 that one of the technologists on Musk’s crew is a 19-year-old high school graduate named Edward Coristine, who reportedly goes by the nickname “Big Balls” online. One of the companies Coristine founded, Tesla.Sexy LLC, was set up in 2021, when he would have been around 16 years old.

“Tesla.Sexy LLC controls dozens of web domains, including at least two Russian-registered domains,” Wired reported. “One of those domains, which is still active, offers a service called Helfie, which is an AI bot for Discord servers targeting the Russian market. While the operation of a Russian website would not violate US sanctions preventing Americans doing business with Russian companies, it could potentially be a factor in a security clearance review.”

Mr. Coristine has not responded to requests for comment. In a follow-up story this week, Wired found that someone using a Telegram handle tied to Coristine solicited a DDoS-for-hire service in 2022, and that he worked for a short time at a company that specializes in protecting customers from DDoS attacks.

DDoS is “denial of service, meaning that one’s access to the internet has been cut off. So, I learned that there are companies that can be paid to implement a DDoS and companies that can be paid to protect against DDoS. Presumably, a clever cyber criminal could be on both sides, sort of like the early 20th century mobsters who demanded protection money from small-time merchants so that no one would break their windows.

Krebs’ writing about cybercriminals got personal when they retaliated:

The founder of Path is a young man named Marshal Webb. I wrote about Webb back in 2016, in a story about a DDoS defense company he co-founded called BackConnect Security LLC. On September 20, 2016, KrebsOnSecurity published data showing that the company had a history of hijacking Internet address space that belonged to others.

Less than 24 hours after that story ran, KrebsOnSecurity.com was hit with the biggest DDoS attack the Internet had ever seen at the time. That sustained attack kept this site offline for nearly 4 days.

The other founder of BackConnect Security LLC was Tucker Preston, a Georgia man who pleaded guilty in 2020 to paying a DDoS-for-hire service to launch attacks against others.

The aforementioned Path employee Eric Taylor pleaded guilty in 2017 to charges including an attack on our home in 2013. Taylor was among several men involved in making a false report to my local police department about a supposed hostage situation at our residence in Virginia. In response, a heavily-armed police force surrounded my home and put me in handcuffs at gunpoint before the police realized it was all a dangerous hoax known as “swatting.”

Woven throughout this story is the career trajectory of Edward Coristine, a core member of DOGE’s elite team. He possibly has a thumb drive with all of your and my personal data on it.

Krebs wonders whether and how Coristine got a top security clearance, given his history.

Given the speed with which Musk’s DOGE team was allowed access to such critical government databases, it strains credulity that Coristine could have been properly cleared beforehand. After all, he’d recently been dismissed from a job for allegedly leaking internal company information to outsiders.

According to the national security adjudication guidelines (PDF) released by the Director of National Intelligence (DNI), eligibility determinations take into account a person’s stability, trustworthiness, reliability, discretion, character, honesty, judgment, and ability to protect classified information.

The DNI policy further states that “eligibility for covered individuals shall be granted only when facts and circumstances indicate that eligibility is clearly consistent with the national security interests of the United States, and any doubt shall be resolved in favor of national security.”

Now that Tulsi Gabbard is DNI, maybe she’ll give young Edward the clearance he needs.

Please read it and let me know if you were as horrified as I.

Yes, Virginia, there are men and women of integrity who defend the rule of law. Yesterday, it was Danielle Sassoon, the acting U.S. Attorney for the Southern district of New York. She resigned rather than drop the case against NYC Mayor Eric Adams. Her devotion to the rule of law was greater than her allegiance to Trump, who appointed her only a month ago. Her resignation was followed by several resignations in the Public Integrity Division of the U.S. Department of Justice.

The New York Daily News today reported another principled resignation by a federal prosecutor.

One of the lead prosecutors handling the sweeping public corruption case against Mayor Adams resigned on Friday — in a searing letter to President Trump’s Department of Justice saying he wouldn’t be the “fool” who files a motion to dismiss the case based on support for the administration’s immigration objectives and not the law.

Assistant U.S. Attorney Hagan Scotten, a highly regarded prosecutor in the Southern District of New York and decorated U.S. Army veteran who served in Iraq, in his resignation letter to Trump’s acting No. 2 at the DOJ Emil Bove, said he was “entirely in agreement” with the former acting U.S. Attorney Danielle Sassoon, who resigned Thursday.

Sassoon said she could not sign off on the request to drop the charges against Adams that stemmed from what’s effectively a “quid pro quo” between the mayor and the president that included the DOJ dropping the charges in exchange for Adams getting in line with the president’s immigration policies in the nation’s largest sanctuary city.

In the letter, which was first reported by The New York Times, Scotten — who has clerked for Supreme Court Justice John Roberts and Justice Brett Kavanaugh — said some may view Bove’s “mistake” in light of their negative views of the Trump administration, which he said he did not share.

“I can even understand how a Chief Executive whose background is in business and politics might see the contemplated dismissal-with-leverage as a good, if distasteful, deal. But any assistant U.S. attorney would know that our laws and traditions do not allow using the prosecutorial power to influence other citizens, much less elected officials, in this way,” Scotten wrote.

“If no lawyer within earshot of the President is willing to give him that advice, then I expect you will eventually find someone who is enough of a fool, or enough of a coward, to file your motion. But it was never going to be me…

Scotten’s blistering resignation letter came the morning after what many have already dubbed the “Thursday night massacre” at the DOJ, echoing President Nixon’s infamous 1973 DOJ purge

He marks the seventh DOJ staffer to resign after Trump’s former criminal defense lawyer, managing the daily functioning of the federal government’s law enforcement arm in an interim capacity, ordered the dismissal of the bombshell case against Adams set to go on trial in April.

Following the mass resignations, Reuters reported Friday that Bove had threatened to fire every member of the DOJ’s public integrity section — where the case was transferred following Sassoon’s resignation — unless someone volunteered to file the dismissal motion in Manhattan federal court, where Judge Dale Ho must approve it. According to the report, Bove gave them an hour to decide, and one ultimately stepped up.

Facing multiple criminal charges for corrupt activities, Mayor Eric Adams flew to Mar-A-Lago to discuss his problems with Trump. Adams agreed not to impede ICE roundups. Trump ordered the federal prosecutor in the Southern District of New York to drop the charges and not to investigate Adams any more. This office–the SDNY– has a sterling reputation for its independence from politics.

The top prosecutors resigned, rather than follow Trump’s order. Among the resignations was that of Danielle Sassoon, whom Trump had appointed as the acting U.S. Attorney on January 21, the day after his inauguration. Sassoon is a 38-year-old conservative Republican, a member of the Federalist Society. She clerked for Justice Antonin Scalia. Her devotion to the law was stronger than her loyalty to Trump, so she tendered her resignation.

The Wall Street Journal reported:

NEW YORK—The Justice Department’s order to dismiss charges against New York City Mayor Eric Adams triggered a series of resignations Thursday and ignited a feud between top Trump appointees and career prosecutors.

The departures started with Danielle Sassoon, a longtime federal prosecutor who refused to comply with the demand to drop the Adams case. President Trump had elevated Sassoon to be the acting Manhattan U.S. attorney after he took office. 

Others followed suit, including Kevin Driscoll, the senior-most career official in the Justice Department’s criminal division, and John Keller, head of the department’s public-integrity section. They left when it became clear they would be ordered to dismiss the case after Sassoon refused, people familiar with the matter said. Three other supervisors in the Justice Department’s public-integrity unit also resigned Thursday, one of the people said.

Sassoon wrote in a letter Wednesday to Emil Bove, the acting No. 2 official at the Justice Department: “Because the law does not support a dismissal, and because I am confident that Adams has committed the crimes with which he is charged, I cannot agree to seek a dismissal driven by improper considerations.”

Bove shot back in a letter Thursday saying he had stripped the Adams case from the New York office and criticizing her for disobeying orders. He said he was putting two main Adams prosecutors on leave and opening an investigation into their conduct—and Sassoon’s.

“Under your leadership, the office has demonstrated itself to be incapable of fairly and impartially reviewing the circumstances of this prosecution,” Bove wrote.

“The Justice Department will not tolerate the insubordination and apparent misconduct reflected in the approach that you and your office have taken in this matter,” he wrote. Both letters were viewed by The Wall Street Journal.

Sassoon is a profile in courage.