Musk’s big mouth, and the DOJ’s unlawful meme obsession

Injustice for All is a weekly series about how the Trump administration is trying to weaponize the justice system—and the people who are fighting back.

Last week was … a lot, legally speaking. While much of the Trump administration’s efforts have shifted to trying to get courts to agree that President Donald Trump can deploy troops from red states to bring blue cities to heel, there are still many other terrible developments. 

We’ve got a throwback to Elon Musk’s idiotic actions, the Fifth Circuit is likely going to decide it’s totally groovy to force religion into the classroom, James Comey’s attorney is taking a page from Trump’s playbook, and the Supreme Court looks primed to strike down conversion therapy bans—because why not hurt trans kids more. Oh and last—but never least—is the Department of Justice’s meme antics undermining its own case against Luigi Mangione. 

Musk and the Trump administration FAFO

Well, well, well. If it isn’t the consequences of Musk’s own actions. 

The New York Times recently prevailed in its Freedom of Information Act lawsuit over the Trump administration’s refusal to provide a list of Musk’s security clearances when he was a government contractor prior to 2025. Now the administration will have to cough it up.

Elon Musk stands beside President Donald Trump.

They tried to say that it would violate Musk’s privacy, but the court noted that Musk bragged publicly of his “top secret clearance” in 2024, making it not really all that private to begin with. 

The Times did not request additional information—like Musk’s application for clearances or any investigative materials—but the government still claimed that it couldn’t provide the form because it would show whether clearances were subject to any conditions, even if the conditions themselves were redacted.

This is where Musk’s boasts about his ketamine use, his cringe-worthy blunt rotation with Joe Rogan, and his chats with Vladimir Putin came back to bite him. 

To grant a security clearance, the Defense Counterintelligence and Security Agency must review foreign influences and drug use. The court said that, while Musk has not publicly discussed any conditions, he has publicly addressed his drug use and contacts with foreign leaders. And since the DCSA is supposed to consider those things, the public has an interest in the DCSA’s performance of its duties. 

You can expect the Trump administration to continue fighting this because it would likely crack open the door for FOIA requests about Musk’s clearances at the so-called Department of Government Efficiency—and they desperately don’t want that

The Fifth Circuit will keep hearing Ten Commandment cases until they get the desired result

In another horrible development, the Fifth Circuit has ordered a full court review of the three-judge panel decision in Roake v. Brumley—and it’s not an exaggeration to say that we should all be worried. 

Both the Louisiana lower court and the three-judge panel ruled that the law requiring public schools to permanently display the Ten Commandments was unconstitutional, because it so obviously is. 

The fact that they agreed to a review and requested new briefs and oral arguments is a sign that there’s an appetite to reverse it. This would mean getting a decision on the books holding that the government can force the display of the Ten Commandments—but only the Protestant version chosen by the state. 

Next stop will be the Supreme Court because, much like they did with abortion, states are going to keep passing objectively unconstitutional laws, shoving them up to the Supreme Court to bless them. Terrific system we have here.

Unlawful appointments giveth, but they may also taketh away

One of the challenges James Comey’s attorney, Patrick Fitzgerald, has said he will raise—and file a motion to dismiss the case—is an unlawful appointment claim. 

Former FBI Director James Comey

Basically, that would be that Lindsey Halligan, installed as interim U.S. attorney in the Eastern District of Virginia for the sole purpose of indicting Trump’s enemies, is not legally allowed to be in her role. Her predecessor, Erik Siebert, served the limit of 120 days in the interim position, allowing the federal judges to appoint him

The issue is whether that created a new vacancy or not. If it did not, then that 120-day interim use is gone forever, which is why the court ruled that Alina Habba isn’t legally in her role in New Jersey. In that case, the Trump administration argued that the 120-day clock starts over with each interim appointment, but that would make the 120-day interim limit entirely useless. 

There would be a sort of grimly hilarious symmetry if the Comey prosecution falls apart because a judge decides that Halligan was not properly in her role. Trump hit a stroke of luck when his all-time favorite lower-court judge Aileen Cannon ruled, wildly incorrectly, that Jack Smith was unlawfully appointed and threw out the entire classified documents case. 

What’s good for the goose, etc.

SCOTUS tips its hand, and it’s not great

Tuesday’s oral argument in Chiles v. Salazar made it clear that the Supreme Court is going to strike down Colorado’s ban on conversion therapy for minors. Doing so would also knock out similar laws throughout almost half of the country. 

There’s no credible argument for conversion therapy, which tries to force minors to be heterosexual and cisgender. Major health care organizations have denounced it, and people forced to undergo it report high levels of post-traumatic stress disorder and depression. 

The right-wing argument in Chiles is that it violates the free speech of therapists if they can’t compel children to listen to how their identity is bad and wrong. 

It’s an absolute sham of a lawsuit, with no evidence that the plaintiff ever intended to offer conversion therapy or received any complaints. Her lawyer, with the rabidly anti-LGBTQ+ group Alliance Defending Freedom, told the court that Chiles was the subject of “anonymous complaints” that they declined to provide. 

This is just another case where the plaintiff is nothing but a straw man standing in to get the desired conservative result—which is to protect the free speech of bigots at the expense of the wellbeing of LGBTQ+ kids. 

Trump and the DOJ are going to tweet Luigi Mangione right out of jail

The DOJ is in trouble over how hyped it is to talk about Mangione’s guilt while in the midst of prosecuting him, with the public affairs deputy director posting on X interviews of Trump saying that Mangione “shot someone in the back as clear as you’re looking at me.” 

Luigi Mangione is seen in a courtroom wearing a bulletproof vest.

This is pretty much a textbook example of prejudicial pretrial statements, which are not allowed, as pretty much every DOJ prosecutor knows. But the DOJ is being steered by people whose main interests are creating cool meme content and hurting people, so they might not be so familiar.

When the court ordered the Trump administration to explain what happened here, they said that, since the person who made the post wasn’t part of the prosecution team, they weren’t violating the rule. 

This is nonsense, of course, as it would basically mean that the DOJ could pop off with these statements any time as long as the actual prosecutor on the case isn’t the one to say it. 

But this isn’t the first time that the attention-hungry, meme-driven administration ran into trouble with Mangione, who’s now moving to block the DOJ from seeking the death penalty because of the highly televised perp walk they made him do.

Clarence Thomas is big mad, and big law pays off the president

Injustice for All is a weekly series about how the Trump administration is trying to weaponize the justice system—and the people who are fighting back.

Would you like some good news, even if it is only a temporary dopamine hit? Of course you would. Let yourself experience the sheer joy of seeing the D.C. Circuit Court of Appeals treat the Trump administration’s legal arguments with precisely what they deserve—scorn. 

On Wednesday, the appellate court issued a decision denying the administration’s request to overturn Judge James Boasberg’s order that blocked the Trump team from deporting migrants without due process. 

The ban is a mere two weeks long, briefly halting the practice of piling migrants into planes and sending them to a brutal mega-prison in El Salvador, where Homeland Security Secretary Kristi Noem did a cutesy media hit earlier this week. Donald Trump has justified this by invoking the Alien Enemies Act, previously used only in times of war. 

Homeland Security Secretary Kristi Noem films her social media content in a brutal Salvadoran prison.

The administration found the idea of a two-week delay so outrageous, it made an emergency appeal to the D.C. Circuit, saying Boasberg infringed on the executive branch’s power regarding national security. 

Things started going badly for the administration during oral argument when Judge Patricia Millett said that “Nazis got better treatment under the Alien Enemies Act.” 

Ouch. 

Judge Karen Henderson, a George W. Bush appointee, wrote an opinion concurring with the decision to uphold the stay, rejecting the administration’s ridiculous argument that courts aren’t even allowed to review the government’s conduct because national security blah blah blah. 

She also took the administration to task for using a random dictionary definition of “invasion” as its only support for the argument that we are somehow under attack by Venezuelan gangs, and therefore migrants can be deported. 

Millett’s concurring opinion pointed out the absurdity of the administration saying it doesn’t have to comply with the temporary restraining order while simultaneously challenging the order. 

“The one thing that is not tolerable,” Millett wrote, “is for the government to seek from this court a stay of an order that the government at the very same time is telling the district court is not an order with which compliance was ever required.”

The administration may take this to the Supreme Court, where Trump can see if the conservative majority will do him a solid, like they so often do, and let him keep deporting anyone he wants based on, well, nothing except the dictionary. 

The judiciary rouses itself from slumber

The judicial branch finally seems to have realized that it is suboptimal for judges to be threatened with impeachment and defunding just because the president doesn’t like their rulings. There’s also the tiny problem of death threats

It no doubt stings that the Trump administration has lost lower court battles over its unprecedented funding freeze, its mass firing of government workers, and its horrific deportations. No other administration, though, has reacted to losses in court by deciding to just rid the world of these meddlesome judges. 

The judiciary has set up a task force about security and the independence of the courts. Federal judges and court clerks will make up the task force, which will help the judiciary “respond to current risks, and to anticipate new ones.”

There should be no risk to judges for ruling against Trump, and it’s appalling that it’s reached the point where a task force is needed. But here we are, and it’s good the judiciary eventually noticed. 

Clarence Thomas is incandescent with rage that we can’t all have ghost guns like the founders intended

Earlier this week, the Supreme Court upheld an incredibly mild Biden-era rule about ghost guns. Ghost guns are sold as parts, not complete weapons, to be assembled by the buyer or another private party. They’re untraceable, have no serial numbers, and you don’t need a license to buy them. 

A ghost gun that police seized from an organized shoplifting crime ring.

Regrettably, the regulation doesn’t ban ghost guns. All it requires is that ghost guns are treated like other firearms, requiring sellers to add serial numbers, verify buyers are at least 21, and perform background checks. 

You will not be surprised to learn that Justice Clarence Thomas finds this an outrageous limitation on freedom. His dissent predictably whines about “government overreach” and contains what feels like eleventy-thousand words debating the meaning of words in the rule. 

What he’s really mad about, though, is a worry that the ghost gun rule could be applied somehow to block home modification of AR-15s. God forbid. 

Have you considered that the people who really need reparations in America are the Jan. 6 rioters?

When Ed Martin, the interim U.S. attorney for Washington, D.C., isn’t protecting a GOP House member from domestic violence charges, investigating nonexistent voter fraud, or threatening law schools, he’s very busy calling for reparations for the Jan. 6 rioters who stormed the Capitol. 

Martin fixated on this well before Trump tapped him as the top prosecutor in D.C. Back in January 2024, he mused that he had “finally come around” to reparations and that J6 insurrectionists should get “a big pot of money, like the asbestos money we got for asbestos victims.” 

Yes, literal insurrectionists who received the benefit of full due process in the judicial system are precisely the same as people who got mesothelioma thanks to breathing cancer for decades. It’s also an odd comparison because asbestos victims are paid out from private compensation funds, not the government, though veterans who were exposed during their service can apply for disability compensation. 

U.S. Capitol Police security video showed Tyler Bradley Dykes, marked in red, breaking into the Capitol. He had been sentenced to nearly five years in prison for assaulting police officers.

Now Trump has picked up the torch, saying he’s thinking about establishing a government compensation fund for the very criminals he pardoned. Trump is not, of course, down with reparations for the descendants of enslaved persons. 

Guess we’ve finally found something the administration will spend money on. Too bad it’s this. 

Two more law firms get their turn in the barrel for … reasons

It was only a week ago that the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP rolled over and showed their tummies to Trump to get him to rescind an executive order targeting the firm. 

It was inevitable that capitulation would embolden Trump, who promptly issued new executive orders targeting additional firms he has beef with, Jenner & Block and WilmerHale. These executive orders generally suspend the security clearances of firm employees, block their access to federal buildings, and drastically restrict their ability to talk to government employees. 

WilmerHale was targeted because Robert Mueller worked there before and after his role as special counsel investigating Russian interference in Trump’s first election. In the case of Jenner & Block, attorney Andrew Weissmann, former deputy to Mueller, previously worked there. 

Former special counsel Robert Mueller

Never mind that Mueller retired from WilmerHale four years ago, and Weissmann hasn’t been at Jenner & Block since 2021 and is now a Substacker.

Both WilmerHale and Jenner & Block sued the administration on Friday. WilmerHale’s lawsuit points out that the executive order violates the separation of powers, the right to due process, and the right to counsel. 

Jenner & Block’s complaint explains that the executive order threatens not only the firm, but the legal system itself and that the Constitution “forbids attempts by the government to punish citizens and lawyers” based on their choice of clients, their legal positions, and the people they associate with.”  

Trump’s attack on law firms has had the desired effect, as firms are starting to refuse to represent his opponents. 

On Thursday, The New York Times reported that mega-firm Skadden, Arps, Slate, Meagher & Flom had entered into talks with the Trump administration to stave off a similar executive order. By Friday afternoon, Skadden was reportedly agreeing to give $100 million in pro bono work to administration-approved causes, which Trump called “essentially a settlement.”

Now that’s some complying in advance.   

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