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Threats to the Rule of Law

Under the Trump administration, attacks on the rule of law and the justice system are coming from all angles. It can feel impossible to keep track of legislation, executive orders, statements from right-wing media, and more–so let us do it for you.

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Threats By Trump & Allies
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Trump Administration

Pardoning insurrectionists

Within days of taking office, Trump pardoned or commuted the sentence of approximately 1,575 people for their role in the January 6 insurrection. But the administration didn’t stop there – in at least four cases, when these people were charged with other crimes, Trump’s DOJ has argued that the pardon covers these other crimes—reversing its earlier position after “consulting with Department leadership.”

Trump Administration

Pardoning allies

Separately, the son of a Trump fundraiser and political operative received a pardon a few weeks after his mother paid $1 million to attend a fundraising dinner with Trump. The administration also appears to be using the pardon power to undo public corruption prosecutions (at least, those against Trump’s allies) amid a flurry of at least 25 pardons for those with connections to Trump.

Trump Administration

Proposed elimination of support for civil legal aid

The Trump administration’s first budget this year proposed eliminating the Legal Services Corporation, which provides grants to support legal aid organizations, which provide legal help in civil contexts – such as getting legal protections against domestic violence, veterans’ benefits and more – to those in need.

Trump Administration

Ignoring Congress’s power of the purse

OMB head Russ Vought reportedly “directed several agencies, including EPA, the Interior and Health and Human Services departments as well as the National Science Foundation, to freeze upward of $30 billion in spending on a broad array of programs.” Vought declined to say whether his goal was to provoke a legal challenge that would allow the Supreme Court to overturn the Impoundment Control Act; his response: “We’re not in love with the law.”

Trump Administration

Expanding the bounds of domestic deployment of the military

In a memorandum, Trump sought to authorize the deployment of federal troops (federalized national guard and active-duty military) anywhere in the country that ICE operations “are occurring or are likely to occur.”

Trump Administration

Using immigration enforcement to deter media

A reporter was arrested while livestreaming a protest near Atlanta, Georgia. While other journalists were also nearby, police apparently only arrested Mario Guevara, a primarily Spanish-language reporter with a large social media following; while local charges were noted, it appears that ICE could now seek to deport Mr. Guevara.

Trump Administration

Unprecedented criminal charges against government officials

Officials moved quickly to file charges against Wisconsin judge Hannah Dugan after ICE sought to operate in her courthouse, despite serious legal and constitutional questions about the charges. Charges have already been dropped against Newark mayor Ras Baraka, and although DHS officials claim Lander was “assaulting law enforcement and impeding a federal officer,” he was released a few hours after his arrest and charges have not yet been publicly filed. However, charges continue against U.S. Rep. LaMonica McIver, alleging her actions violated a statute that prohibits impeding law enforcement officers.

Trump Administration

Excessive force against those who question ICE

Government officials seeking to question the actions of the administration were  subject to excessive force. At a press conference, security officers were caught on camera “grabbing [U.S. Senator Alex Padilla] by his jacket and shoving him from the room” when he tried to ask a question. New York City Comptroller Brad Lander was also forcibly detained and ultimately arrested when escorting immigrants who were leaving a court appearance.

Trump Administration

Forcing “deals” with law firms to avoid administration action

Trump entered into apparent agreements with nine law firms who agreed to take actions such as providing pro bono legal services in Trump-approved cases, changing internal pro bono and other policies, and more.

Trump Administration

Executive orders targeting disfavored law firms

Trump signed five orders directing the administration to take punitive action against several law firms that had represented causes and/or clients Trump disagreed with. Powerful law firms often assist in challenging administration actions, so intimidating the firms could permit Trump to get away with breaking the law.

Latest News

Link to Slate: Trump’s DOJ Launches Its Most Innovative and Menacing Assault on the Court System Yet

Slate: Trump’s DOJ Launches Its Most Innovative and Menacing Assault on the Court System Yet

Link to NPR: How Trump is picking his political battles as he tests the judicial branch

NPR: How Trump is picking his political battles as he tests the judicial branch

Link to The Guardian: Demand Justice launches ad campaign to highlight Trump's attacks on the rule of law

The Guardian: Demand Justice launches ad campaign to highlight Trump's attacks on the rule of…

Link to Newsweek: Trump's Attack on Our Courts Threatens Every American | Opinion

Newsweek: Trump's Attack on Our Courts Threatens Every American | Opinion

Link to The Hill: Trump’s attacks on the rule of law threaten all Americans 

The Hill: Trump’s attacks on the rule of law threaten all Americans 

Link to The Hill: Poll shows Trump’s clash with courts puts Senate GOP on defense

The Hill: Poll shows Trump’s clash with courts puts Senate GOP on defense