FACT CHECK: Senate GOP Attempts to Whitewash Trump Assault on the Judiciary in Sham Judiciary Hearing Easily Debunked by Facts
FOR IMMEDIATE RELEASE
June 4, 2025
PRESS CONTACT
WASHINGTON — In a Senate Judiciary Committee joint subcommittee hearing yesterday, Republican senators tried to whitewash Trump’s assault on the rule of law while trying to paint him as the victim of judicial overreach. To be clear, Trump is no victim – he has repeatedly attacked judges and ignored court orders, waging a war against Americans’ fundamental freedoms. Allies of the president on the Committee spouted blatant lies during the hearing such as “the Trump administration has followed every court order,” which are easily disproved by the administration’s brazen defiance of judicial orders. Republicans chose to ignore Trump’s unconstitutional executive orders and direct attacks on judges, instead peddling misleading narratives to provide cover for his lawless administration’s war on the rule of law.
This hearing revealed not only MAGA grievances, but their active participation in this assault on judicial independence. After surrendering their own constitutional authority to the executive branch, far too many Republicans in office are now helping Trump undermine a co-equal branch of government through false narratives and bad-faith attacks on judges who uphold their constitutional oath.
Here are some of the lies echoed during the hearing about Trump’s war on the judiciary.
Republicans falsely claimed judges unfairly targeted the Trump administration.
- Claim: Many Republican Senators, including Senators Schmitt and Cruz, argued that judges are unfairly targeting and ruling against Trump because they disagree with his political beliefs, suggesting a coordinated effort to undermine his presidency through biased rulings.
- Fact: Judges across the ideological spectrum, including Trump appointees, have consistently ruled against Trump’s policies because they likely violate the constitution or other federal law. Courts have blocked Trump’s illegal executive actions that likely violate constitutional principles and federal law – determinations based on Trump’s lawless actions, not political disagreement. As witness Professor Kate Shaw said during the hearing, “A very plausible explanation you have to consider is that he’s engaged in much more lawless activity than other presidents.”
Republicans mischaracterized the scope and impact of nationwide injunctions.
- Claim: Senator Hawley and others claimed Trump faces uniquely high numbers of injunctions from a small number of districts.
- Fact: This conveniently ignores that there have been 31 rulings blocking Trump policies from traditionally conservative district courts in Texas, Georgia, West Virginia, South Carolina, and other historically conservative jurisdictions.
- The pattern of injunctions reflects the administration’s systematic violations of law, not judicial bias.
Republicans claimed that lower courts have disproportionately issued nationwide injunctions against President Trump.
- Claim: Many Republican Senators, including Senator Hawley, claimed that President Trump’s actions have been halted by nationwide injunctions more than Presidents Biden or Obama.
- Fact: In just the first 100 days of Trump’s second term, the President signed 142 executive orders, far outpacing these earlier presidents. A flood of executive actions logically results in a higher number of legal challenges in court.
Republicans falsely claimed Trump has complied with all court orders.
- Claim: Senator Schmitt (R-MO) claimed that “to date, the Trump administration has followed every court order, enforced every judgment.”
- Fact: The Trump administration has repeatedly defied court orders and constitutional requirements. From ignoring judicial orders in the Kilmar Abrego Garcia deportation case to continuing policies after judges have blocked them, the administration has shown substantial disregard for judicial authority.
Republicans claimed Democrats were “utterly silent” about judicial threats under Biden.
- Claim: Senator Ted Cruz claimed Democrats were hypocritical for not speaking out against threats to conservative Supreme Court justices during the Biden administration.
- Fact: Democratic leaders consistently condemned threats against all judges regardless of ideology and took concrete bipartisan action to protect them. The Countering Threats and Attacks on Our Judges Act, led by Senators Coons, Cornyn, Whitehouse, and Moran, unanimously passed the Senate to establish threat monitoring and protection for judges. And before that, Senators Booker and others worked with the federal judiciary to spearhead the Daniel Anderl Judicial Security and Privacy Act. The contrast – with Trump himself personally attacking judges by name and Republican House members attempting seven different impeachments of judges who ruled against Trump – could not be more stark.
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