No Order in the Courts
The Trump Administration is playing fast and loose in courtrooms--and judges are not having it. Will the judiciary save democracy? Plus, Israel breaks ceasefire and kills hundreds more Gaza. How will it end?
"I am not going to abide by government officials... saying what they really mean to the public–and coming here to the court and telling me something different, like I'm an idiot. I am not an idiot." -District Judge Ana Reyes to DOJ lawyers during a court hearing on Trump's transgender troop ban
Last Saturday, District Court Judge James Boasberg found himself on an unexpected emergency video call, apologizing to Justice Department and ACLU lawyers for wearing a blue sweater instead of his black judge’s robe, according to The Washington Post. He hadn’t planned to work that day.
The ACLU had just learned that President Trump had quietly invoked the Alien Enemies Act (AEA) the night before—a 1798 law that lets a president deport foreign nationals from enemy countries during wartime – without any due process. It's been used only three times--during the War of 1812, WWI, and in WWII, when it paved the way for this country's shameful internment camps for Japanese Americans – most of whom were US citizens.
Trump claimed he was using it to deport Venezuelan nationals—including children as young as 14—whom he alleged were members of the Tren de Aragua gang and were “conducting irregular warfare” against the U.S.
The legal advocacy group was representing several Venezuelan nationals, including asylum seekers with no gang affiliations, who fear deportation under the AEA.
This week, what transpired in the case – or didn't – served as the first reality check for those unsure if we were facing a constitutional crisis. Now, I think many of those people will tell you that we've crossed the Rubicon.
More on that below—but first, let's turn to Gaza, where American-made, taxpayer-funded weapons have trapped Palestinians in a never-ending nightmare– again.
GAZA
This week, an explosive report in an Israeli newspaper confirmed what many have long suspected. Just days after the war began, Netanyahu ordered widespread bombing in Gaza—even without specifying targets—telling his chief of staff:
“I’m not interested in targets. Take down houses, bomb with everything you have!”
The report also noted that intelligence leaders wanted to advance to the second phase of the ceasefire, but Netanyahu refused, fearing far‑right ministers would “bring down his government” if he didn't resume the war. YNET
THE FIGHT OVER THE AEA
During the hearing last weekend, a terse Boasberg ruled against the DOJ, ordering all deportations halted immediately—even if it meant turning planes around. When asked whether any flights had already departed, the DOJ could not provide an answer. Boasberg granted them a 45‑minute recess to gather the information, but they returned without any.
Later, the court learned that – during that recess – at least two flights transporting Venezuelan nationals had taken off for El Salvador, where Secretary of State Marco Rubio had negotiated an arrangement with the country’s president to detain them for the US at a reduced fee. A third flight took off after the judge's ruling. The White House – ignoring or ignorant that the judiciary is an equal branch – maintains that this issue falls outside the court's jurisdiction and is seeking to dismiss the case.
After learning that deportations had continued, Boasberg demanded a detailed timeline from the DOJ to determine whether the government had defied the court order. Throughout the week, the DOJ stalled—first claiming it lacked access to the information, then arguing that sharing it would jeopardize national security.
Trump further intensified the crisis by calling for Boasberg’s impeachment on Truth Social, prompting a rare rebuke from conservative Supreme Court Chief Justice John Roberts, who stated that impeachment was “not an appropriate response” and that the “appellate review process exists for that purpose.”
Still waiting for answers, Boasberg stated at a hearing Friday: “I will get to the bottom of whether they violated my order—who ordered this and what the consequences will be.”
Earlier this week, ACLU lawyer Lee Gelernt told reporters that it was clear the government had defied court orders to halt deportations.
“I would caution people to accept at face value the administration’s characterization of these men,” he said, pushing back against claims justifying the removals.
By misusing the AEA and refusing to accept the court’s jurisdiction over the matter, the administration is undermining the country’s system of checks and balances.
“I do think we are slipping closer and closer to a constitutional crisis… I think we’re on dangerous ground here in the United States,” Gelernt said.
Want more? See the president's order here. You can get the nitty gritty here and here.
THIS WEEK, PRESIDENT TRUMP:
📚 Signed an executive order to dismantle the Department of Education: The administration claims it wants to give states more control, but states already manage most education decisions while the department is largely focused on financial aid and resources for children with disabilities. The White House insists these programs will continue under different agencies, yet concerns remain about their future. NPR
✈️ Ordered airstrikes on Yemen that killed at least 53 people, including women and children: The administration claims it targeted Houthi leaders but provided no names or evidence. The strikes come after months of relative quiet in the Red Sea. Responsible Statecraft
⛴️ Asked the military to draft plans for taking control of the Panama Canal: The proposal aims either to block China from using the canal or to station troops as a deterrent. The canal, built by the U.S., was transferred to Panama under President Jimmy Carter. NBC News
✍🏻 Claimed Biden’s pardons are void because they were signed with an autopen: Legally, this does not matter—there’s no requirement that a president physically sign pardons, and they cannot be overturned once issued. PolitiFact
🚙 Suggested sending Tesla vandals to El Salvador’s prisons: Trump proposed that people vandalizing Tesla dealerships be sent to prisons in El Salvador. The DOJ has charged three individuals for throwing Molotov cocktails into Tesla lots. Axios
❎ Ordered by a judge to reinstate 24,000 previously fired federal employees: A federal judge ruled that Trump’s mass firing of probationary employees was based on the false pretense that the employees had poor job performance. The Hill
☎️ Spoke to Vladimir Putin for nearly two hours: Putin refused to agree to a 30‑day ceasefire already accepted by Ukraine. He did, however, agree to avoid attacking Ukraine’s energy infrastructure—although attacks continued. AP
🪫 Spoke with Ukrainian President Volodymyr Zelenskyy: Trump suggested that the U.S. should take over Ukraine’s power plants to protect them from Russia. The Hill
🇨🇳 Denied that Elon Musk received a Pentagon briefing on possible war plans with China: Reports surfaced that Musk was set to receive the briefing on Friday; however, the White House denied it. The New York Times reported that plans were scrapped after the meeting was leaked, amid outrage over Musk’s potential access to sensitive information and his conflicting business interests in China. NYT
MORE FROM THE ADMINISTRATION:
To add to the challenge, DOGE is recommending the closure of 47 SSA offices, listed here.
QUICK-ISH HEADLINES
- NASA astronauts stranded in space for nine months finally return. Trump and Musk falsely claimed credit for their rescue. NPR
- A French official demanded the U.S. return the Statue of Liberty over Trump’s Ukraine policy. Le Monde
- With Congress in recess, lawmakers have returned to their home districts for town halls, where constituents are voicing outrage over job cuts to rising grocery prices. GOP leaders have recommended that lawmakers steer clear of holding the polarizing meetings.
- Meanwhile, Sen. Bernie Sanders and Rep. Alexandria Ocasio-Cortez have launched their “Fight the Oligarchy” tour in conservative areas, drawing thousands to their rallies. CPR
- US allies Germany, Finland, Denmark, Canada, and the UK have issued informal warnings for their citizens to avoid travel to the US if possible. Newsweek
- The Trump Administration has ditched Biden Surgeon General Vivek Murthy’s official advisory on gun violence, arguing it interferes with the constitutional right to bear arms. Trump also recently dismantled the White House Office of Gun Violence Prevention, established by Biden last year. Guns remain the number one cause of death for children in the US. Politico
- The National Archives released 77,000 previously classified documents related to the assassination of former President John F. Kennedy. Most files are now available online at the National Archives. Spoiler alert: Nothing interesting. Trump says he plans a similar release for documents related to Martin Luther King, Jr. The New York Times
- The White House shut down the US Agency for Global Media—which includes Voice of America (VOA), a radio-first outlet established during WWII to combat Nazi propaganda. Vox
