Here’s how the Supreme Court is helping Trump put judges at risk

Federal judges are, by and large, a cautious lot, not given to dramatic public pronouncements or calling attention to themselves. But now that the judiciary is under a sustained attack from the Trump administration and allies, some judges are speaking out. 

During a Thursday webinar presented by the newly formed Speak Up for Justice, a nonpartisan group working to defend the judiciary, a couple of lower court judges were forthright about the threats they’ve faced after ruling against the Trump administration. 

U.S. District Court Judge John McConnell, an Obama appointee, revealed that, after blocking President Donald Trump’s catastrophic funding freeze, he received 6 credible death threats, along with more than 400 threatening voicemails. 

He played one during the webinar, with the caller saying, “How dare you try to put charges on Donald J. Trump,” and, “I wish somebody would fucking assassinate your ass.” 

A cartoon by Clay Bennett.

Similarly, after U.S. District Court Judge John Coughenour blocked Trump’s birthright citizenship ban, he was swatted as a result of someone anonymously telling the police that Coughenour killed his wife. 

From the bench, Coughenour has been forthright about Trump’s actions. 

“It has become ever more apparent that, to our president, the rule of law is but an impediment to his policy goals. The rule of law is, according to him, something to navigate around or simply ignore, whether that be for political or personal gain,” he told Justice Department lawyers.

Yes, much of this stems from the Trump administration’s near-constant attacks on judges, often whipped up by Trump personally. There’s also the willingness of congressional Republicans to go along with it, including some of Trump’s more ardent supporters introducing bills calling for the impeachment of judges who rule against him. 

But the Supreme Court, particularly Chief Justice John Roberts, is also at fault. 

Rather than squarely addressing the fact that these threats overwhelmingly come from the right and are driven by the president, Roberts has instead offered vague, anodyne statements

“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose,” he said in one statement. 

Yes, that’s all Roberts had to say after Trump personally called for the impeachment of U.S. District Judge James Boasberg, who ordered the Trump administration to return the planes of deportees heading to El Salvador—an order the administration defied. 

Related | Supreme Court cleared the way for Trump's war on homeless people

The Trump administration has now filed a misconduct complaint against Boasberg for private comments to his judicial colleagues, in which he expressed concern about the administration defying court orders. 

The problem isn’t just that Roberts is wishy-washy about these threats, speaking about them without ever mentioning Trump by name or acknowledging that his actions are the foundation for the attacks. But he has also joined the other conservatives on the Supreme Court to give Trump whatever he wants, constantly overturning lower court rulings. 

These days, separation of powers is indeed for suckers.  

Justice Department sues this state’s federal bench in wild new escalation

In an unprecedented and dangerous move, the Department of Justice has sued all 15 federal judges in Maryland—a sweeping retaliation against a court order that temporarily halts deportations. 

At the center of the legal firestorm is a May 21 order from Chief Judge George L. Russell III, which bans federal officials from deporting immigrants who file habeas corpus petitions in Maryland until at least 4 PM on the second business day after filing. 

The goal, Russell wrote, is to prevent rushed removals that deny immigrants a fair hearing, especially after business hours or on weekends, when proper review becomes logistically impossible.

“The recent influx of habeas petitions concerning alien detainees … filed after normal court hours and on weekends and holidays has created scheduling difficulties and resulted in hurried and frustrating hearings,” the order reads.

Russell cited the All Writs Act and a 1966 Supreme Court precedent that gives courts limited power to preserve jurisdiction while they review urgent matters.

But the Trump administration isn’t backing down. In a broad legal challenge, the DOJ argues that Russell’s standing order illegally grants blanket relief to all immigrants without considering individual cases and unlawfully restricts the president’s authority to enforce immigration laws. 

A cartoon by Clay Bennett.

“A sense of frustration and a desire for greater convenience do not give Defendants license to flout the law. Nor does their status within the judicial branch,” DOJ attorneys wrote.

The DOJ is asking the 4th Circuit Court to assign a judge from outside the Maryland district to hear the case, claiming that all 15 judges have an inherent conflict of interest since they are all named as defendants.

Legal analysts say this move is without recent precedent.

“It’s extraordinary. And it’s escalating DOJ’s effort to challenge federal judges,” Laurie Levenson, a law professor at Loyola, told The Associated Press.

Speaking to The Washington Post, J. Michael Luttig, a retired federal judge, was more blunt. 

“It is reckless and irresponsible and yet another direct frontal assault on the federal courts of this country,” he said.

The legal action appears to be the latest and most extreme salvo in the Trump administration’s ongoing war with the judiciary over immigration. And it didn’t take long for Democrats to sound the alarm. 

Maryland Gov. Wes Moore called the suit an “unprecedented effort to intimidate judges and usurp the power of the courts” and accused the Trump administration of “turning our Constitution on its head.”

Luttig says the administration helped create the chaos initially by rushing to deport immigrants en masse without proper notice or hearings. The Supreme Court recently ruled that one such group had a right to challenge their removal before being deported.

But that hasn’t stopped Trump officials, who have continued to lash out at judges who rule against them and openly question the courts’ authority to intervene.

Attorney General Pam Bondi clarified the Trump administration’s position in a statement on Wednesday.

“President Trump’s executive authority has been undermined since the first hours of his presidency by an endless barrage of injunctions designed to halt his agenda. This pattern of judicial overreach undermines the democratic process and cannot be allowed to stand,” she wrote.

President Donald Trump has criticized adverse rulings before—at one point calling for the impeachment of a federal judge who ordered for deported immigrants to be returned to the United States. While impeachment is unlikely and would require Senate conviction, it was enough to prompt a rare public rebuke from Supreme Court Chief Justice John Roberts.

“Impeachment is not an appropriate response to disagreement concerning a judicial decision,” he warned.

The Maryland bench, especially, has been a thorn in Trump’s side. Judges like Paula Xinis have forced the administration to reverse wrongful deportations. Others, like James K. Bredar, are overseeing lawsuits filed by Democratic state attorneys general who are challenging mass firings of federal employees. 

And in a year marked by sweeping executive actions, Maryland judges have blocked key Trump policies related to immigration, transgender health care, and civil service rights. Of the 15 judges in the district, 13 were appointed by Democratic Presidents Bill Clinton, Barack Obama, and Joe Biden. 

But legal scholars warn that the lawsuit could break long-standing norms between the executive and judicial branches. 

“The president and his attorney general will continue their ruthless attack on the federal Judiciary and the Rule of Law until the Supreme Court of the United States at least attempts to stop them,” Luttig warned. “Until now, the Supreme Court has acquiesced in the president’s war, while the devastating toll on the Federal Courts and the Rule of Law has mounted by the day.”

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Trump proves that he has no idea what the Constitution is—again

Attempting to deflect from courts repeatedly ruling against his immigration policy, President Donald Trump lied to reporters on Monday, claiming that the courts fabricated the need for cases to be heard—despite the right to a trial being a constitutional law for more than 234 years.

“The courts have all of a sudden, out of nowhere, they said, ‘maybe you have to have trials.’ Trials, we’re going to have 5 million trials? Doesn’t work, doesn’t work. You wouldn’t have a country left,” he said.

Trump has been under fire for denying detainees due process. Students like Mahmoud Khalil and Rümeysa Öztürk have been abducted for their pro-Palestinian advocacy, and legal U.S. resident Kilmar Abrego Garcia was wrongly captured and deported to El Salvador.

On April 30, a court ordered the release of Columbia University student Mohsen Mahdawi, a Palestinian immigrant who was held by the Department of Homeland Security while it tried to find a reason for his deportation.

Contrary to Trump’s statement, the U.S. Constitution explicitly lays out the right to a trial in the Sixth Amendment:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Similarly, the Seventh Amendment notes:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

These rights were part of the ten amendments ratified in 1791 as part of the Bill of Rights, and nothing in U.S. law or Trump’s executive orders have nullified them. The Sixth Amendment ensures that accusations leveled by the government against people have to be proven in a court of law and not just by royal fiat, as was done by the British government in the colonial era.

Trump’s unconstitutional remarks come just one day after he told NBC “I don’t know” when asked if the president needs to uphold the Constitution. Like every president before him, Trump took an oath of office, making it clear that this was a core element of his presidential duties.

The presidential oath of office states:

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

The oath is not ambiguous, and defense of the Constitution is not optional.

Trump’s ignorance of U.S. law and history was also on display when he recently argued that the Declaration of Independence was a “declaration of unity and love and respect.” The document famously severed the relationship between colonists and England, leading to the bloody Revolutionary War where hundreds of thousands died.

Of course, Trump is the only president who has been impeached twice. In both instances, he was found to be in violation of the Constitution.

No wonder he thinks the right to a trial came “out of nowhere.”

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Judges have 2 options: Rule in Trump’s favor or face death threats

There were numerous, er, notable moments from President Donald Trump’s address to a joint session of Congress on Tuesday, but perhaps one of the most striking was when he turned to Supreme Court Chief Justice John Roberts, patted him on the back, and said he “won’t forget it.” 

“Thank you again. Thank you again. Won’t forget it,” the president said while shaking Roberts’ hand after delivering his speech.

We don’t know exactly what Trump meant by this, considering all of the favors Roberts has done for him. After all, Roberts is responsible for authoring the decision that grants former presidents immunity from prosecution, essentially giving them power to commit crimes under the guise of “official acts” in office.

There was also the Roberts-authored ruling that narrowed obstruction charges for defendants accused of participating in the insurrection on Jan. 6, 2021, and the time when the Supreme Court’s conservative majority usurped the Fourteenth Amendment, ruling that states could not disqualify Trump from the ballot despite the Constitution’s ban on insurrectionists holding office.

In short, Trump could have been thanking Roberts for a number of things, but the president insists that his gesture was merely routine. 

“Like most people, I don’t watch Fake News CNN or MSDNC, but I understand they are going ‘crazy’ asking what is it that I was thanking Justice Roberts for? They never called my office to ask, of course, but if they had I would have told these sleazebag ‘journalists’ that I thanked him for SWEARING ME IN ON INAUGURATION DAY, AND DOING A REALLY GOOD JOB IN SO DOING!” Trump wrote on Truth Social, with “MSNDC” being a portmanteau of MSNBC and the Democratic National Convention.

Judge Juan Merchan presides over proceedings in the hush money case against President Donald Trump on May 7, 2024.

But as judges who bow to the president receive gratitude, those who don’t are met with death threats. 

According to Reuters, law enforcement has warned federal judges that they are facing unusually high levels of threat as they attempt to uphold the law despite Trump and his allies’ efforts to undermine it.

Eleven judges expressed concern to Reuters about their physical security, saying that they’ve faced death threats in recent weeks.

These threats come as Elon Musk, the unelected billionaire who seems to have undue influence over the federal government, has made several posts on X attacking judges as “corrupt” or “evil.” In one case, Musk called for a federal judge’s impeachment after he blocked DOGE access to sensitive Treasury Department data.

And Musk isn’t the only one criticizing the judiciary. 

In February, Vice President JD Vance posted on X that “judges aren’t allowed to control the executive’s legitimate power,” suggesting that Trump possesses ultimate authority.

While Roberts hasn’t been as compliant as some other members of the Supreme Court—and has even shown a willingness to break with his conservative colleagues—he’s still unlikely to serve as a check on Trump’s lawlessness. 

At least two judges, Tanya Chutkan and Juan Merchan, faced threats for presiding over cases involving Trump where the verdicts were rejected by conservatives. 

Meanwhile, the six Republican Supreme Court appointees, three of whom were appointed by Trump during his first term, have delivered some stunning victories in the president’s favor. And considering that conservative judges often assist Trump in his continued assault on democracy, he might have even more to thank them for in the future.

Roberts stated in December that “violence, intimidation, disinformation, and threats” jeopardize judicial independence, so it would be hypocritical if he’s now helping Trump dismantle existing statutes.

Trump has previously encouraged his followers to break the law on his behalf, and his actions on Tuesday will only serve to further politicize the courts.

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Donald Trump says he’d consider Ken Paxton for US attorney general

Trump told a reporter in Texas this weekend that Paxton is “a very talented guy.”

By Jasper Scherer, The Texas Tribune

Former President Donald Trump said he would consider tapping Texas Attorney General Ken Paxton for U.S. attorney general if he wins a second term in the White House, calling his longtime ally “a very talented guy” and praising his tenure as Texas’ chief legal officer.

“I would, actually,” Trump said Saturday when asked by a KDFW-TV reporter if he would consider Paxton for the national post. “He’s very, very talented. I mean, we have a lot of people that want that one and will be very good at it. But he’s a very talented guy.”

Paxton has long been a close ally of Trump, famously waging an unsuccessful legal challenge to Trump’s 2020 election loss in four battleground states. He also spoke at the pro-Trump rally that preceded the deadly U.S. Capitol riot in January 2021.

Paxton’s loyalty was rewarded with an endorsement from Trump in the 2022 primary, which helped the attorney general fend off three prominent GOP challengers.

Trump also came to Paxton’s defense when he was impeached last year for allegedly accepting bribes and abusing the power of his office to help a wealthy friend and campaign donor. After Paxton was acquitted in the Texas Senate, Trump claimed credit, citing his “intervention” on his Truth Social platform, where he denounced the proceedings and threatened political retribution for Republicans who backed the impeachment.

“I fought for him when he had the difficulty and we won,” he told KDFW. “He had some people really after him, and I thought it was really unfair.”

Trump’s latest comments, delivered at the National Rifle Association’s annual convention in Dallas, come after a series of recent polls have shown the presumptive Republican nominee leading President Joe Biden in a handful of key battleground states.

Paxton has also seen his political prospects rise in recent months, after prosecutors agreed in March to drop three felony counts of securities fraud that had loomed over Paxton for nearly his entire tenure as attorney general. The resolution of the nine-year-old case, along with Paxton’s impeachment acquittal in the Senate last fall, has brought him closer than ever to a political career devoid of legal drama.

Still, Paxton’s critics say he is far from vindicated. He remains under federal investigation for the same allegations that formed the basis of his impeachment, and he continues to face a whistleblower lawsuit from former deputies who said they were illegally fired for reporting Paxton to law enforcement. A separate lawsuit from the state bar seeks to penalize Paxton for his 2020 election challenge, which relied on discredited claims of election fraud.

If nominated, Paxton would need to be confirmed by the U.S. Senate. The chamber is narrowly divided along party lines, with Democrats holding a 51-49 majority. One of the most prominent Republican members, U.S. Sen. John Cornyn of Texas, has been an outspoken critic of Paxton, while Paxton has openly entertained the idea of challenging Cornyn in 2026.

Paxton is not the only Texan Trump has floated for a high-profile spot in his potential administration. In February, he said Gov. Greg Abbott is “absolutely” on his short list of potential vice presidential candidates. Abbott has since downplayed his interest in the job.

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