What a profoundly personal and yet universal piece today. Both, because indeed, it is up to all of us to step up and pitch in right now. Thank you, David, for this lovely framing.
David, query: As I wondered the other day, might the non-MAGA federal district court judges be reaching a point of taking judicial notice that US attorneys are not to given the benefit of the doubt on anything, that their word, without some support, is worthless.
So, David: See any sign of that at the Abrego Garcia hearing? Even if not, is there any sign of it that you’ve seen? Or am I tripping on too much hopium?
The Substack writer, Michael Sellers, has an excellent piece today about how various Minnesota federal judges are going full-bore in holding the DOJ accountable for the continuing flouting of direct court orders concerning immigrant arrestees' rights, and how *criminal contempt* is the only remaining tool left to force compliance with judges' decisions sanctioning illegal conduct by the trump regime.
No longer are federal judges accepting wholesale procedural abuse of *presumption of regularity* and complete lack of good-faith efforts on the part of govt. attorneys as the default govt. posture, and are reacting accordingly.
It's not just the ACLU and other interested parties demanding justice, as the actions by DHS — and DOJ's wholly unprofessional defense of them — have ipso facto made the courts their allies, escalating the coming confrontation between the two branches of government, and forcing a resolution of judicial primacy vs a runaway Executive.
Thanks David. I think one of the reasons that you feel so alone in observing the push back against the Trump/fascist/oligarchic regime is that journalists instinctively discount the enormous, dispersed, popular resistance and self-organization among ordinary people. It showed itself in MPLS and the media went -- "oh really ... what's this?" We don't like this regime; we put ourselves on guard to support our neighbors and each other and existing media are ill-equipped to see us. But we amount to a lot of sand in the gears.
Critical observation to raise. A credible argument can be made that 'Someone must be taking care of that' led to the particular debacle in '24, and its evolution over the decades. No one seems prepared to acknowledge, much less to act upon, what MM today IDs: no one is t-a-k-i-n-g c-a-r-e of it. Unless we do.
As a volunteer Legal Aid attorney for years while holding g down my “real” legal job, raising kids and the like I can assure you that no one has it covered but we do the best we can. That means praying who you help will also have an impact beyond the individual so that the inequities in the system see sunshine. And judges who hear these cases piecemeal start to see a pattern and eventually seen the SYSTEM flaws and take that into consideration. Even before Trump there are such gaps and people suffered. The difference between economic class and the difference between being white and POC is expressed literally daily in the legal field. But we made up for the lack of resources with a true belief that using our privilege to help others is worth every sacrifice and frustration. So yeah, I get the ACLU attorney - it’s just him fighting the good fight and he’s up against the well resourced. But the ACLU, Legal Aid attorneys etc really show us what true grit means.
What a profoundly personal and yet universal piece today. Both, because indeed, it is up to all of us to step up and pitch in right now. Thank you, David, for this lovely framing.
David, query: As I wondered the other day, might the non-MAGA federal district court judges be reaching a point of taking judicial notice that US attorneys are not to given the benefit of the doubt on anything, that their word, without some support, is worthless.
So, David: See any sign of that at the Abrego Garcia hearing? Even if not, is there any sign of it that you’ve seen? Or am I tripping on too much hopium?
Not a sign AT the hearing but the fact that the hearing even happened in a sign what you refer to. Likewise, this is a good example of the dynamic: https://www.mprnews.org/story/2026/02/26/judge-summons-minn-us-attorney-to-court-threatens-contempt
Thanks, David!
The Substack writer, Michael Sellers, has an excellent piece today about how various Minnesota federal judges are going full-bore in holding the DOJ accountable for the continuing flouting of direct court orders concerning immigrant arrestees' rights, and how *criminal contempt* is the only remaining tool left to force compliance with judges' decisions sanctioning illegal conduct by the trump regime.
No longer are federal judges accepting wholesale procedural abuse of *presumption of regularity* and complete lack of good-faith efforts on the part of govt. attorneys as the default govt. posture, and are reacting accordingly.
It's not just the ACLU and other interested parties demanding justice, as the actions by DHS — and DOJ's wholly unprofessional defense of them — have ipso facto made the courts their allies, escalating the coming confrontation between the two branches of government, and forcing a resolution of judicial primacy vs a runaway Executive.
https://michaeldsellers.substack.com/p/one-way-or-another-ice-will-comply
Thanks David. I think one of the reasons that you feel so alone in observing the push back against the Trump/fascist/oligarchic regime is that journalists instinctively discount the enormous, dispersed, popular resistance and self-organization among ordinary people. It showed itself in MPLS and the media went -- "oh really ... what's this?" We don't like this regime; we put ourselves on guard to support our neighbors and each other and existing media are ill-equipped to see us. But we amount to a lot of sand in the gears.
Thank you David, for your personal perspective as a reporter. As a caring person, I would think your job is very difficult at times.
Critical observation to raise. A credible argument can be made that 'Someone must be taking care of that' led to the particular debacle in '24, and its evolution over the decades. No one seems prepared to acknowledge, much less to act upon, what MM today IDs: no one is t-a-k-i-n-g c-a-r-e of it. Unless we do.
As a volunteer Legal Aid attorney for years while holding g down my “real” legal job, raising kids and the like I can assure you that no one has it covered but we do the best we can. That means praying who you help will also have an impact beyond the individual so that the inequities in the system see sunshine. And judges who hear these cases piecemeal start to see a pattern and eventually seen the SYSTEM flaws and take that into consideration. Even before Trump there are such gaps and people suffered. The difference between economic class and the difference between being white and POC is expressed literally daily in the legal field. But we made up for the lack of resources with a true belief that using our privilege to help others is worth every sacrifice and frustration. So yeah, I get the ACLU attorney - it’s just him fighting the good fight and he’s up against the well resourced. But the ACLU, Legal Aid attorneys etc really show us what true grit means.
Is Justice Connection a 501(3)(c) organization. I tried to use their published email to find out, but it is not a "recognized address."