MAGA Is Raging Hard Against The Judges Who Get In Its Way
INSIDE: James Boasberg ... Beryl Howell ... Mahmoud Khalil
A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.
They’re Coming For The Judges
The Trump White House and the MAGA hordes unleashed a withering volley of rhetorical fire Wednesday against the federal judiciary. It was partly a performative response to the series of legal setbacks President Trump suffered the day before, a show of defiance and strength to reestablish the sense of dominance that was eroded by the adverse court rulings and the rebuke from Supreme Court Chief Justice John Roberts.
The White House blasted U.S. District Judge James Boasberg, dragging his wife into the melee in classic Trump fashion (see below), while MAGA figures Elon Musk and Laura Loomer attacked the judge’s daughter. Rep. Jim Jordan (R-OH), the chair of the House Judiciary Committee, fecklessly promised hearings as soon as next week on the spate of injunctions against the Trump administration. GOP House members who have been agitating to impeach judges for rulings they don’t like got a boost from Musk, who maxed out his political contributions to them.
All of this came against a backdrop of heightened security threats to judges and their families that became glaringly obvious with the right-wing backlash that targeted Supreme Court Justice Amy Coney Barrett for her vote in the USAID case. Some people, it won’t surprise you to learn, can’t distinguish between the rhetorical excesses of Trump and actual harassment and intimidation. Nor is it a distinction Trump has ever shown any interest in maintaining. It leads to things like this, as collected by the NYT:
a mailbox pipe bomb hoax at the Charleston, South Carolina home of one of Justice Barrett’s sisters;
a “swatting” attack against U.S. District Judge John C. Coughenour of Seattle;
a mailbox bomb hoax against Judge Coughenour;
a series of anonymous Domino’s pizza deliveries to the homes of judges, including the immediate family of Justice Barrett, suggesting “we know where you live.”
There is always a background level of threats against federal judges. It’s often forgotten that a federal judge was killed in the 2011 attempted assassination of Rep. Gabby Giffords (D-AZ). The son of a federal judge was killed in 2020 in their New Jersey home by a gunman targeting the jurist. What’s different now is the level of rhetorical vitriol coming from the president himself and amplified and extended on his behalf by elected officials and supporters.
Trump White House Goes After Judge’s Wife
White House Press Secretary Karoline Leavitt went on a long rant against the chief federal judge in DC, including targeting the judge’s wife for her political contributions:
Trump DOJ Hits New Low In Absurdity
In what was probably the most absurd legal filing I’ve ever seen the Justice Department file, the Trump administration flipped shit – to use the term of art – at U.S. District Judge James Boasberg in a last-ditch effort to keep from having to reveal information that would help him determine whether the government violated one of his orders in the Alien Enemies Act case.
Boasberg remained measured, almost bemused, in the face of a suddenly rogue DOJ making preposterous arguments, presenting unreliable assessments of the law, and trying to bully its way into avoiding having to comply with court orders.
The upshot was that Boasberg gave the Justice Department another 24 hours to either answer his questions or to go ahead and invoke the state secrets privilege, a threat he didn’t find very credible. As a former presiding judge of the Foreign Intelligence Surveillance Court, Boasberg clearly knows the legal terrain better than the Trump DOJ lawyers on this case. The new deadline is noon ET today.
Again, this ruckus is about whether the government disregarded a valid court order and continued deportations under the Alien Enemies Act. As to the substance of the deportations, Boasberg has scheduled a hearing tomorrow.
Judge Declines To Block DOGE Takeover Of Institute Of Peace
TPM’s Kate Riga reports on the hearing before U.S. District Judge Beryl Howell in which she expressed dismay over the armed DOGE takeover of the U.S. Institute of Peace but declined to immediately put a stop to it.
The Courts Alone Won’t Save Us
Steve Vladeck on the practical limits of using judicial power to reign in a rogue president.
Khalil’s Deportation Blocked By Second Federal Judge
After a federal judge in Manhattan transferred the case of detained Palestinian activist Mahmoud Khalil to New Jersey, U.S. District Judge Michael Farbiarz quickly entered an order barring Khalil’s deportation until the court can review and rule on his claims.
It’s Not Just Khalil
Georgetown University fellow Badar Khan Suri was reportedly detained Monday on the streets of suburban DC and swiftly transferred to Louisiana after his student visa was revoked under the same dubious law used to target Mahmoud Khalil for his political views. “Suri has close connections to a known or suspected terrorist, who is a senior advisor to Hamas,” a DHS spokesperson said, a possible references to Suri’s in-laws. His wife is an American citizen whose father has been described in the past as a Hamas adviser.
A French scientist traveling to Houston for a conference was reportedly denied entry to the United States on March 9 after phone messages critical of the Trump administration research policies were found on his phone.
Germany updated its advisory on U.S. travel after several German citizens were recently detained at the border.
Ummm, Not Sure What To Make Of This
Brad Karp, the chairman of Paul Weiss and one of the most powerful lawyers in New York, has been in Washington this week meeting with officials in President Donald Trump’s orbit, people familiar with the matter said, days after the White House issued an executive order revoking the security clearance of attorneys working at the firm.
Karp, people familiar with the matter said, is discussing a particular path back into the administration’s good graces: helping the White House respond to alleged instances of antisemitism that came out of the wave of campus protests last year.
The Attack On Higher Ed Continues
WSJ: Columbia Is Nearing Agreement to Give Trump What He Wants
NYT: Trump’s Battles With Colleges Could Change American Culture for a Generation
AP: Trump administration suspends $175 million in federal funding for the University of Pennsylvania over transgender swimmer
Quote Of The Day
“When for any reason, in a university on private foundation or in a university supported by public money, the administration of the institution or the instruction in any one of its departments is changed from an influence from without; when an effort is made to dislodge an officer or a professor because the political sentiment or the religious sentiment of the majority has undergone a change, at that moment the institution has ceased to be a university, and it cannot again take its place in the rank of universities so long as their continues to exist any appreciable extent of coercion.”–William Rainey Harper, founding president of the University of Chicago, in a speech he gave in 1900 (h/t Genevieve Lakier)
Lack Of Imagination Is The Big Obstacle To Trans Acceptance
An especially thoughtful essay by Jennifer Finney Boylan on what it means to be a trans woman:
[T]he Trump administration’s attacks on us are, in some ways, founded on the supposition that women like me are “really” men. Whenever I hear, for instance, the simplistic edict that there should be “no men in women’s sports,” my first instinct is to agree. Because transgender women are not “really” men. We are women. We may have different histories than other women, but then, every woman has her own history.
DOGE Watch
AP: DOGE lieutenant takes the reins at USAID, an agency DOGE dismantled.
NYT: Meet Elon Musk’s Top Lieutenant Who Oversees DOGE
Politico’s Kyle Cheney: In new sworn declaration, DOGE administrator Amy Gleason says DOGE has 89 employees and no “formal front office or organizational chart.”
The Purges
DoE: President Trump could sign as soon as today an executive order purporting to abolish the Department of Education.
Hollow victories: Many purged government workers reinstated by the courts find themselves in the limbo of paid administrative leave while they wait to see if the Trump administration uses other legal authority to terminate them again.
Down The Pentagon’s Memory Hole
Articles about the Holocaust, Sept. 11, cancer awareness, sexual assault and suicide prevention have been removed or flagged for removal from Pentagon websites purportedly as part of the Trump administration’s crackdown on DEI.
A Defense Department article honoring the military legacy of baseball legend Jackie Robinson was removed Wednesday before being restored later in the day.
White House Plans Military Zone Along Southern Border
WaPo: The Trump administration is evaluating plans for the Pentagon to take control of a buffer zone along a sprawling stretch of the southern border and empower active-duty U.S. troops to temporarily hold migrants who cross into the United States illegally, according to five U.S. officials familiar with the deliberations.
On America Destroying Its Own Symbols
Ukrainian Stanislav Aseyev, who was tortured by the Russians for his reporting for Radio Liberty, writes about the Trump administration shutting down the U.S. government broadcaster:
When you’re sitting in a chair, wires hooked up to your body, in some sense everything is simple. You are an enemy, and opposite you are your enemies. The electric current that ran through my body on April 11, 2017, for articles I’d written for Radio Liberty, forces my muscles to contract. Victims’ psyches “contract” in the same way, enabling them to endure torture: the organism musters everything it has.
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Justice Coney Barrett is getting the full-on, in-the-barrel MAGA treatment for even minimally going against Lord Jesus tRump, and one wonders if her fellow Court members will join CJ Roberts in responding to these vicious attacks that could put the entire Court in physical jeopardy...well, except for you-know-who.
Roberts surely to god must realize that he's got a tiger by the tail, giving tRump total immunity for his actions both past and future, and has to understand that the upshot of a runaway, rogue presidency is the abolishment of Art. III constraints on tRump's traducing of constitutional guidelines, and indeed what we once quaintly referred to as "the rule of law".
If the Chief Justice has any at all institutional regards for the federal courts - and SCOTUS itself - he must form and join a Court majority that can rise definitively to the unprecedented challenges hurled at the courts by the tRump mob, and slap these brigands and privateers down at the first opportunity presented. Failing that, they will have failed the Constitution and we the people. it's that simple.
I don't recognize the
country my ancestors
fought for, that I've been
raised and lived in my
whole life. Like my
ancestors though, I will
not give up. There's too
much here worth saving
from the likes of Trump,
Musk and their dirty
dozen times whatever.