Trump: president v. judges

 

Trump faces his loyal opposition

President v. judges

Gordon L. Weil

 

A war has been going on within the federal government since the day Donald Trump returned to the presidency.  Last week, a major battle took place, and Trump lost.

The war is not between the president and Congress or the Supreme Court.   It’s waged between him and federal district court judges, even some he appointed.  It’s not about parties to cases; it is a direct confrontation between the judges and the president. 

Trump believes that his 2024 election victory gave him almost unlimited freedom of action.  Hundreds of federal cases have been filed in U.S. district courts challenging his assertion of authority, frequently expressed through a massive flood of executive orders.

Federal cases start in district courts.  They decide on both the facts and the law.   The judges make the key decisions that often determine their outcome.  Appeals courts, including the Supreme Court, may decide if the law was applied properly.

Speaking of presidential actions, President Nixon said, “when the President does it, that means that it is not illegal, by definition.”  Trump agrees, which amounts to saying that he is the law.  District courts often get to decide on its validity in practice.   If they decide against him, some of their decisions may have national implications.

This arrangement inevitably sets up possible confrontations between Trump’s Department of Justice and district courts in the cases that have been brought against the Trump administration all over the country.

Courts usually decide carefully, and that can take time.  They may suspend the Trump action while considering a case.  But he is impatient and often asks appeals courts to block the suspension. They may allow his order to go into effect for an extended period, intentionally restricting the role of the district court.  The DOJ also finds ways to delay proceedings.

When a district court decides against him, Trump frequently attacks the judge.  Even if he had appointed some of the judges whose decisions he dislikes, he may call them weak or misguided.  He claims others are political partisans or incompetents.

Top DOJ’s lawyers have previously worked for Trump when he was out of office.   As federal government representatives, they may transition to supporting him as president.  But judges have increasingly found the quality of DOJ legal work substandard and inconsistent with the rules they must follow.

Taken together, these situations have brought to the surface the rift between Trump and many judges.  While Congress, his executive branch and even the Supreme Court conform to his views, the district courts have become the principal source of the checks and balances that are supposed to limit the other branches.

Last week, the conflict broke into the open, with a Florida district court judge ruling firmly against the president as a private citizen and head of the executive branch.

In 2019, Trump’s personal tax records were leaked to the press, and the culprit ended up in prison.  But Trump sued the IRS for an apology and compensation.

To bring a dispute to a court, the parties must be “adverse,” having conflicting interests creating a case for the court to handle.  Adverse parties may settle the case by agreement between themselves, leaving the judge and the court with no further role. 

Trump and the IRS reached what they called a settlement.  The IRS would apologize.  He would be compensated by gaining total freedom from IRS audits.  A $1.776 billion fund would compensate people who had supposedly been mistreated by the Biden administration.  While the DOJ says that fund has been dropped, Trump has not formally agreed, and the deal stands.

The district court judge found that Trump was trying to use a deal he had created with the IRS, which is under his control, to gain significant personal benefit.  First, he filed his complaint.  Then, without further proceedings, he settled the supposed claim.  The settlement legitimizes freedom for him and his family from IRS scrutiny.

But the judge ruled that, without adverse parties, there was no case and thus no settlement.  She found that the original filing did not qualify as a case, but was a contrived way to benefit Trump and his family.

The judge also ruled that the DOJ violated the Court’s rules and should pay the costs of other parties.   Rules violations by the DOJ’s lawyers would be referred to the bar authorities in states where they are licensed.   One such lawyer is Todd Blanche, Trump’s former personal attorney, nominated to be the U.S. Attorney General.

This judge and other district court judges can take on the president thanks to the life tenure of federal judges.  The war will continue, so they need that protection given them by the nation’s founders.

 

 

Pushback on Trump's power

Gordon L. Weil

When President Trump was asked about any limits on his powers in world affairs, he replied, “Yeah, there is one thing. My own morality. My own mind. It’s the only thing that can stop me.”

His view that he makes his own rules also applies to his authority in domestic affairs.  He has ignored the Constitution and laws.  His first year in office has shown his remarkable ability to do almost whatever he wanted without anybody being able to limit his moves.

In international affairs, American military and economic power discourage other nations from opposing him.  Most countries have accepted his unilateral actions, but he faced unexpected opposition.  China and Canada pushed back on his tariff policy, concluding that appeasement would not work.  Opposing his claim to Greenland, Europe has strongly backed Denmark.

In domestic affairs, Trump intimidated House and Senate GOP majorities by threatening to support primary challengers to disloyal Republicans.  His strategy worked, allowing him to get his way politically.  The thin red line held.  The Democrats could do nothing more than flail.  When he overrode Congress, the Supreme Court usually approved.

Signs are now emerging that his absolute power is limited.

His standing in public opinion polls has slipped.  A majority of the public is dissatisfied in all policy areas and in his overall performance.   Buoyed by good 2025 election results, the Democrats have begun to hope those sentiments would bring 2026 election victories, gaining them a congressional check on his actions.

Recently, his virtually total hold on congressional Republicans has begun to weaken.   House GOP representatives openly charge they are ignored.  A few Republicans have decided not to seek reelection. 

One probable reason for these signs of diminished loyalty is despair over Congress having lost most of its powers.  It is often bypassed or taken for granted.  And, some of his most loyal backers worry openly that he is abandoning basic MAGA isolationist commitments by sending American forces into conflicts involving Iran, Syria, Yemen and Venezuela.

MAGA loyalty verges on being a political cult, where anything Trump decides is deemed to be necessary and appropriate.  But its is now being challenged by some of its most loyal followers.   They align increasingly with traditional, conservative Republicans, who are not Trump backers.

The Democrats gained from resisting cuts to the Affordable Care Act, even though the result was a government shutdown.  Millions of Americans were placed in jeopardy by the GOP policy and are suffering from the end of the subsidies.  They are forced to pay budget-breaking premiums or lose coverage altogether.   

Some Republicans sought to adopt a short extension, allowing time for dealing with ACA reform, but the House was kept out of session, making any negotiations impossible.  Some members faced constituent anger.   They found that Trump & Co. put this government cost-cutting ahead of real human needs. 

This month, the dam broke.  Overcoming the obstinacy from GOP legislative leaders who followed Trump’s wishes, eleven House Republicans joined the Democrats in voting to extend the ACA subsidies.  The political reality of voter discontent pushed them to break ranks.  This was a major split with the president.

Previously, Congress had passed two bills unanimously.  One would bring a fresh water conduit to a part of Colorado. The other aided the Miccosukee Indian tribe in Florida and enhanced the environment.  Trump vetoed both bills.

He demands that the Democratic governor of Colorado pardon an MAGA-oriented election clerk convicted by a jury of tampering with voting machines, but the governor refuses.  Thus, the veto.   The tribe opposes the nearby Alligator Alcatraz for immigrants, which he favors.  Thus, the veto. 

It takes two-thirds of the House to override a veto and, in both cases, some Republicans lined up with Democrats.  But the result fell short of the required number as most GOP House members flipped their position to support the president.  Still, the defections showed that Trump’s absolute control is slipping.

The third event came after the Venezuela incursion.  The Senate voted that taking further Trump action there could be subject to a congressional override.  Though the resolution won’t become law and would not be used if it passed, five GOP senators were willing to break with a furious president. 

Maine Sen. Susan Collins was one of the five, and Trump said she should never again be elected to office.   Does he want her to face a MAGA primary challenger?  Does he want his loyalists to sit out the election?   Either way, he could be helping the Democrats pick up the seat. 

All this pushback happened in the one week of the new year.  For the first time in his second term, he was seriously and repeatedly challenged by his own party members.  He was not forced to change any policy, but he has now faced open GOP congressional concern with his being left to rule, checked only by his own “morality.”