Tag: doj
Donald Trump

Chin Up! We're Doing Better Than Expected -- Or At Least Trump Is Doing Worse

It’s wonderful to see isn’t it? A snake in the grass slithering up to bite the ass of the person who had beckoned it forth?

That is the spectacle we have been treated to for these weeks and months since January 20, as one executive order signed by Trump after another has fallen to the considerations of judges who, one, can read the law, and two, require that assertions made in the executive orders, and those made by Trump’s DOJ lawyers in court, must be backed up by evidence and that pesky bane of every authoritarian, reason.

Lawsuits have been filed and Trump’s hastily written executive orders have been subjected to scrutiny by legal minds sharper than those which backed up Trump’s Sharpie. Most recently, the ordinarily somnolent Court of International Trade, in a 3-0 ruling, blocked almost all of Trump’s tariffs, which he had imposed using powers he asserted under the International Emergency Economic Powers Act (IEEPA), a 1977 law which allows a president to regulate international commerce after declaring a “national emergency” due to an “unusual and extraordinary threat ... to the national security, foreign policy, or economy of the United States" originating from outside the borders of the country. The court found that retaliating for tariffs imposed by other countries, or otherwise addressing trade imbalances, does not constitute such a threat and thus does not justify the declaration of national emergency necessary for the assertion of powers under the IEEPA.

The Trump administration quickly appealed, and a court of appeals issued a stay of the trade court’s injunction rejecting or limiting Trump’s tariffs, at least until the case can be heard and a ruling can be issued on the merits. In the meantime, a district court issued a similar ruling blocking Trump’s tariffs in response to a lawsuit filed by a toy company that had been hugely and negatively affected by Trump’s tariffs on trade with China. That ruling has also been temporarily stayed on appeal.

Trump reacted to the trade court ruling by attacking the Federalist Society and its leader, Leonard Leo, on whom he had relied for advice on judicial appointments during his first administration. In a rage-filled post on Truth Social, Trump called Leo “a sleazebag” and “a bad person who, in his own way, probably hates America,” his catchall criticism for anyone he feels has wronged him in some way.

Trump’s assertion of power using executive orders has run counter to a Supreme Court decision that he and his arch-conservative legal allies had long sought. The decision, in Loper Bright Enterprises v. Raimondo, overturned the so-called “major questions doctrine” which dated back to 1984 and required courts to defer to federal agencies when interpreting complicated and ambiguous laws. The trade court cited the Loper decision in its ruling slamming Trump’s tariffs. Trump reacted with fury, writing, “The horrific decision stated that I would have to get the approval of Congress for these Tariffs.”

Well, yes, that is what the sting of the Loper decision feels like when it bites you in the ass.

We are witnessing a delicious moment best summed up by what we might call the hippie-era “what goes around, comes around” doctrine. That occurs when the thing that you wished for starts to affect you in ways that you had not contemplated, perhaps because your contemplation of what you wanted was inadequate in its consideration of what effect it might have in the future.

Multiple lawsuits and federal court rulings have kicked much of Trump’s executive order agenda to the curb. A federal court blocked Trump’s attempt to do away with birthright citizenship, which is written into the text of the Constitution. A federal judge in Boston ruled that Trump cannot stop Harvard from accepting foreign-born students. More lawsuits filed by Harvard seek to overturn Trump’s orders to strip Harvard of federal funds and grants. Legal experts say those lawsuits are likely to be successful because the reasoning behind Trump’s moves against Harvard is so blatantly punitive.

Other judges have overturned Trump’s attempts to bar several major law firms from entering federal government buildings, holding top secret security clearances, or representing companies doing business with the federal government, again because Trump’s orders have been nakedly punitive.

Other judges have ordered the return of people deported under false pretenses. The Supreme Court itself handed down an emergency ruling that the Trump administration must afford undocumented immigrants the same due process rights granted to everyone under the Constitution.

The news website Axios summed up the “flood” of rulings against Trump this way: “The headlines are constant: Judge blocks X; Judge freezes Y; Court allows Z to continue.

On Friday, Trump bid farewell to his erstwhile ally, Elon Musk, at the end of his time as a so-called “temporary federal employee” overseeing his DOGE worm-burrowing into federal agencies seeking to eliminate or undermine them, as he did with USAID and the Department of Education. But even in those two cases, federal judges have reversed some of the DOGE moves and reinstated funding and in some cases order the rehiring of employees who had been summarily fired without cause in violation of federal regulations.

The effect of DOGE and Musk has been, by their own measure, lame. Musk announced on the campaign trail and after he was appointed to head DOGE that he would reduce the federal deficit by $2 trillion. Then it was $1 trillion, then $200 billion, and Musk had stopped talking about the federal deficit and started claiming “savings” from the discovery by DOGE of “waste, fraud, and abuse,” which in Washington D.C. could be uncovered by a street sweeper with a broom and dustpan.

In the end, Musk claimed that he had “saved” $175 billion. Robert Hubbell yesterday called that figure a “mirage,” citing “A study by the Budget Lab at Yale estimates that cuts to the IRS will result in $350 billion in reduced tax collections over the next ten years—an amount that is double the alleged ‘savings’ by DOGE.”

Much if not most of what Musk and Trump attempted to do with DOGE has been overturned by federal courts, which have found certain of their moves unconstitutional and others to have violated previous Supreme Court decisions such as the Loper decision. In the meantime, the New York Times headlined on the front page of the Sunday paper a major investigative story on Musk’s drug use during the campaign and afterwards while he was working as a temporary government employee.

Musk was described as having used Ketamine, Ecstasy, psychedelic mushrooms, the stimulant Adderall, and the sleeping medication Ambien. The Times reported that Musk, like all federal employees, was supposed to have been drug-tested periodically during his employment. He was said to have been forewarned of the drug tests so that he could pass them.

So, Donald Trump has relied on a drug-addled madman with Nazi sympathies to undertake his reform of the government he is charged with overseeing. And now Musk has turned on him, criticizing Trump’s “big, beautiful bill” and its lifting of the debt ceiling.

When Trump rolled out his plethora of executive orders, signing the first bunch before an adoring MAGA crowd at a sports facility in Washington on inauguration eve, I first thought, Oh-oh. They’re serious this time.

I should have known. The lawyers Trump used to write the executive orders were not from the big law firms he would soon move to eliminate from working on federal government cases, because those firms had long refused to do legal work for him. According to Adam Bonica, a professor of political science at Stanford, Trump lost a stunning 96 percent of the cases filed against him in federal court during May. During April, he lost 76 percent. During March, the number was 74 percent. The judges ruling against the Trump administration were appointed by both political parties, with those appointed by Democrats outnumbering Republican judges by only 8 percent.

The Washington Post reported today that Trump’s FBI is in “chaos” due to the mismanagement of Director Kash Patel. Over at the Department of Defense, the top aides to Secretary Pete Hegseth are said to be at each other’s throats.

Here is my estimation of where we are on the first day of June, 2025. Things could be a whole lot worse, and they’re showing signs of getting better, as Trump continues to attack the judges he appointed to the bench and former allies like Elon Musk are now off the White House leash and his Adderall-fueled tongue is bound to start wagging.

Chin up. We’ve got a long way to go, but Trump and the fools he appointed to his cabinet are living up to every expectation we should have had about them.

Lucian K. Truscott IV, a graduate of West Point, has had a 50-year career as a journalist, novelist, and screenwriter. He has covered Watergate, the Stonewall riots, and wars in Lebanon, Iraq, and Afghanistan. He is also the author of five bestselling novels. He writes every day at luciantruscott.substack.com and you can follow him on Bluesky @lktiv.bsky.social and on Facebook at Lucian K. Truscott IV. Please consider subscribing to his Substack.

Reprinted with permission from Lucian Truscott Newsletter.

Attorney General Merrick Garland

Garland Will Release Special Counsel Report On Trump Coup Attempt

Attorney General Merrick Garland submitted a court filing Wednesday announcing his intention to release part of Special Counsel Jack Smith’s report on his investigation into Donald Trump relating to the 2020 election.

“The Attorney General intends to release Volume One to Congress and the public consistent with 28 C.F.R. § 600.9(c) and in furtherance of the public interest in informing a co-equal branch and the public regarding this significant matter,” the filing reads.

However, the filing includes the caveat that a second installment of the report—which includes Smith’s investigation into Trump’s handling of classified documents—will not be available to the public as long as Trump’s co-defendants, Waltine Nauta and Carlos De Oliveira, remain in criminal proceedings.

Trump faced two separate federal indictments: The first included four counts connected to his attempt to steal the 2020 election, and the second included 40 felony counts associated with the mishandling of classified documents—31 of which were brought under the Espionage Act.

Garland’s court filing comes one day after the Trump-appointed U.S. District Judge Aileen Cannon temporarily blocked the report’s release and two days after Trump’s lawyers sent an overwrought and convoluted letter to the attorney general threatening legal action if he were to release any of the report.

Cannon tried to dismiss Trump’s classified documents case in July. Smith appealed the decision but moved to have all charges against Trump dismissed shortly after the 2024 election, citing a 2000 opinion issued by the Office of Legal Counsel, which asserted that sitting presidents cannot be indicted or prosecuted.

Unfortunately, Garland’s decision leaves it up to Trump’s incoming Department of Justice to make a final decision on whether or not to release the second report.

Considering there is a high likelihood that Trump’s DOJ will drop the cases against his co-defendants, maybe Smith should have also dropped his cases against them, allowing Biden’s DOJ to release the entire report for public consumption.

Reprinted with permission from Daily Kos.

January 6 riot

New Inspector General's Report Debunks January 6 Conspiracy Theories

The U.S. Department of Justice's (DOJ) Inspector General's Office has released a report detailing the "handling of its confidential human sources and intelligence collection efforts in the "lead-up" to January 6, 2021.

The report's release has inspired a variety of responses. Some MAGA Republicans view the report as proof that FBI agents, on January 6, 2021, ventured to the U.S. Capitol Building that day in the hope of making MAGA Republicans and Donald Trump supporters look bad.

But according to HuffPost reporter Michael Delaney, the report "debunks" claims the FBI engaged in illegal behavior.

In a December 12 tweet, Trump supporter Greg Price wrote, "BREAKING: The FBI had 26 confidential human sources at the Capitol on January 6, including four who entered the Capitol building and 13 who entered the 'restricted area' around the Capitol, according to a just released DOJ Inspector General report."

Vice-president-elect JD Vance, responding to Price's tweet, wrote, "For those keeping score at home, this was labeled a dangerous conspiracy theory months ago."

But Delaney tweeted that the report is a "debunking" of a conspiracy theory — not proof that it has any merit.

Delaney posted, " The underlying report here says there were no undercover FBI agents at the Capitol and that the informants had not been asked by the FBI to get involved, break laws, or incite the crowd. The report is a thorough debunking of the conspiracy theory Vance is describing."

Reprinted with permission from Alternet.

Heading To Prison, Furious Bannon Sputters Threats Of Retribution

Heading To Prison, Furious Bannon Sputters Threats Of Retribution

Steve Bannon is due to report to federal prison on July 1 to begin a four-month prison sentence for contempt of Congress. But he clearly has plenty of contempt remaining to give, and he’s directing it at the entire legal system.

On his “War Room” podcast on Saturday, Bannon turned his anger toward former FBI Director James Comey and Deputy Director Andrew McCabe, threatening both with imprisonment or worse. "Get your passport, get the hell out of the country because hey, we're coming,” Bannon said, warning that a second Trump term would mean that Comey and McCabe would be targeted for persecution.

Bannon’s statements may seem like a tantrum being thrown by someone about to spend several long weeks in a very small room, but his statements are concerning to law enforcement officials. They serve as a reminder that when Donald Trump and his associates talk about “revenge” and “retribution” they don’t mean seeing that political opponents face the consequences of any illegal actions; They mean going after political opponents simply for being political opponents.

“We will hunt you down," Bannon said.

Bannon appeared to be angered by an appearance McCabe made on CNN’s The Source in which the former FBI deputy director expressed concern over what a second Trump term would mean for the rule of law. In particular, McCabe responded to a question from host Kaitlan Collins about the dangers represented by Trump’s calls for retribution.

McCabe called Trump’s recent comments “offensive and horrendous,” while saying that they were not surprising. “You know him,” McCabe said. “You know what motivates him. He is not a person who is driven by principle or ideology. He is someone, who's entirely transactional, that if he feels like he's been wronged, in some way, then he focuses on revenge, and vengeance. And so, he's made it perfectly clear that that's what he's going to do.”

McCabe warned that in his efforts to obtain revenge Trump “runs the risk of really dismantling and greatly incapacitating the Department of Justice and the FBI.”

But for Trump and his supporters, that’s a feature, not a bug. Turning the DOJ into a weapon and the FBI into the police force that can be used against anyone who opposes Trump is exactly what they have in mind.

Bannon didn’t appreciate McCabe pointing out the plan.

“Why is Andrew McCabe, Mr. Tough Guy, Mr. FBI Tough Guy wetting himself on national TV?” Bannon asked. “He's damn scared because he understands the end is near.”

These threats followed Trump’s appearance alongside “Dr. Phil” McGraw during which the television therapist attempted to get Trump to swear off revenge.

“I think you have so much to do,” said McGraw. “You don’t have time to get even.”

“Well, revenge does take time, I will say that,” Trump admitted. “And sometimes revenge can be justified, Phil. I have to be honest. Sometimes it can.”

During the criminal trial in which he was found guilty on 34 counts, Trump was under a gag order for his attempts to intimidate witnesses and threaten the families of court officials. But even as the judge attempted to protect the justice system—and innocent bystanders—from Trump’s anger, a long line of Republican surrogates made regular appearances outside the courtroom to keep the threats alive.

But if Trump was limiting himself to generating anger against those connected to his case in the hope that his followers would respond with violence, Bannon isn’t being that “subtle.” He’s not being vague either.

He’s just making overt threats.

“Go ahead, go to the ends of the earth,” Bannon said. “We will hunt you down and bring you back and you will stand accountable before the American people.”

Bannon is also not trying to make any pretense that this is about justice. It’s about revenge. It’s about seeing that anyone opposed to Trump is silenced.

“Lock them up” is so 2016.

Reprinted with permission from Daily Kos.

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