Politics
Trump Grows Increasingly Combative in Showdowns With the Courts
The Trump administration’s compliance with court orders started with foot-dragging, moved to semantic gymnastics and has now arrived at the cusp of outright defiance.
Large swaths of President Trump’s agenda have been tied up in court, challenged in scores of lawsuits. The administration has frozen money that the courts have ordered it to spend. It has blocked The Associated Press from the White House press pool despite a court order saying that the news organization be allowed to participate. And it ignored a judge’s instruction to return planes carrying Venezuelan immigrants bound for a notorious prison in El Salvador.
But Exhibit A in what legal scholars say is a deeply worrisome and escalating trend is the administration’s combative response to the Supreme Court’s ruling last week in the case of a Salvadoran immigrant. The administration deported the immigrant, Kilmar Armando Abrego Garcia, to El Salvador despite a 2019 ruling from an immigration judge specifically and directly prohibiting that very thing.
Until recently, none of this was in dispute. “The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal,” the Supreme Court said on Thursday in an unsigned and to all appearances unanimous order.
The justices upheld a part of an order from Judge Paula Xinis of the Federal District Court in Maryland that had required the government to “facilitate” Mr. Abrego Garcia’s return. He had by then been held for almost a month in one of the most squalid and dangerous prisons on earth.
The administration’s response has been to quibble, stall and ignore requests for information from Judge Xinis. In an Oval Office meeting on Monday between Mr. Trump and President Nayib Bukele of El Salvador, both men made plain that they had no intention of returning Mr. Abrego Garcia to the United States.
In remarks in the Oval Office and on television, Stephen Miller, Mr. Trump’s top domestic policy adviser, said the administration’s earlier concessions, made by several officials and in a Supreme Court filing, were themselves mistaken, the work of a rogue lawyer. He added that the Supreme Court had unanimously endorsed the administration’s position that judges may not meddle in foreign policy.
Ed Whelan, a conservative legal commentator, said that was a misreading of the ruling.
“The administration is clearly acting in bad faith,” he said. “The Supreme Court and the district court have properly given it the freedom to select the means by which it will undertake to ensure Abrego Garcia’s return. The administration is abusing that freedom by doing basically nothing.”
White House officials did not respond to requests for comment.
The administration has also responded to court orders blocking its programs in other ways, speaking to audiences outside the courtroom. Mr. Trump and his allies have waged relentless rhetorical attacks on several judges who have ruled against the president, at times calling for their impeachment and at others suggesting that Mr. Trump is not bound by the law.
Assessing whether, when and how much the administration is defying the courts is complicated by a new phenomenon, legal scholars said, pointing to what they called a collapse in the credibility of representations by the Justice Department. These days, its lawyers are sometimes sent to court with no information, sometimes instructed to make arguments that are factually or legally baseless and sometimes punished for being honest.
Defiance, then, may not be a straightforward declaration that the government will not comply with a ruling. It may be an appearance by a hapless lawyer who has or claims to have no information. Or it may be a legal argument so outlandish as to amount to insolence.
Sanford Levinson, a law professor at the University of Texas, said the Trump administration had exposed dual fault lines, in the constitutional structure and in the limits of permissible advocacy.
“I would like to think that at least some of the Trump administration’s arguments have crossed that line,” Professor Levinson said, “but, frankly, I don’t really know where the line is.”
Courts generally give government lawyers the benefit of the doubt, presuming that they are acting in good faith even when they make ambitious arguments for a broad conception of executive power.
“We are beyond that point,” said Marin Levy, a law professor at Duke. “It is alarming that we are even having to ask whether the government is failing to comply with court orders.”
Just hours after the Supreme Court ruled in Mr. Abrego Garcia’s case, Judge Xinis asked the government three questions on Thursday night: Where was Mr. Abrego Garcia being held? What steps had the government taken to get him home? And what additional steps did it plan to take?
At first, the administration’s lawyers refused to respond, saying in a court filing on Friday that they needed more time and at a hearing that day that they had no answers to the judge’s questions.
Judge Xinis wrote that they had “failed to comply with this court’s order,” and she called for daily updates, at 5 p.m., a deadline the administration has treated as a suggestion.
On Saturday, an administration official grudgingly acknowledged that “Abrego Garcia is currently being held in the Terrorism Confinement Center in El Salvador.” The official said nothing about what the government was doing to facilitate the prisoner’s return.
Mr. Abrego Garcia’s lawyers have urged Judge Xinis to consider holding the government in contempt, a question she may consider at a hearing on Tuesday.
Ilya Somin, a law professor at George Mason University, said the administration was “certainly close to defiance in the Abrego Garcia case.”
“At the very least,” he said, “they are taking maximal advantage of possible ambiguity in the meaning of ‘facilitate.’ It is not plausible to interpret that term as meaning they need make no real effort.”
In a brief filed on Sunday, the administration argued that the Supreme Court’s requirement that it “facilitate” Mr. Abrego Garcia’s return meant only that it must “remove any domestic obstacles that would otherwise impede the alien’s ability to return here.”
That argument, Michael Dorf, a law professor at Cornell, wrote in a blog post, “does not pass the laugh test.”
Still, last week’s Supreme Court decision gave the administration some room to maneuver, notably in instructing Judge Xinis to clarify her initial ruling “with due regard for the deference owed to the executive branch in the conduct of foreign affairs.” The decision added: “For its part, the government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”
The dispute seems certain to return to the justices if the administration sticks to its hard-line approach. Should lower courts order Mr. Abrego Garcia’s return or hold officials in contempt, the administration will surely again ask the Supreme Court to intervene. And if Mr. Abrego Garcia’s lawyers cannot secure his return, they too will seek further help from the justices.
Other disputes have also raised questions about whether the administration is defying the courts. A district court judge in Washington, for instance, ordered the White House to back off from its stated policy of barring The Associated Press from its press pool. But the administration showed no signs of budging.
Last week, Judge Trevor McFadden ruled that the White House had discriminated against the wire service by using access to the president as leverage to compel its journalists to adopt the term “Gulf of America” in their coverage. When the outlet refused, the White House began to turn its reporters away from the pool of journalists who cover the president daily.
Until February, The A.P. and its competitors, such as Reuters and Bloomberg, reliably sent reporters to travel with the president on Air Force One and to cover exclusive events in the Oval Office and the East Room every day a president had scheduled public events.
Recognizing that the administration would most likely challenge his ruling, Judge McFadden put his decision on hold until Sunday, and the government promptly filed its appeal on Thursday. But the stay expired on Monday, and the appeals court did not intervene to keep it in place.
Even so, the administration did not allow either a print journalist or a photographer from The A.P. to be included in the pool to cover Monday’s events, including the meeting between Mr. Trump and Mr. Bukele. The White House’s only acknowledgment of the deadline appeared to be in a filing on Monday asking the appeals court to restore the temporary stay.
The Trump administration has seemingly capitalized on confusion in other cases.
Long after judges ordered the administration to unfreeze funding from contracts and grants disbursed by U.S.A.I.D. and FEMA, contractors and states led by Democrats repeatedly reported that payments were still being held up. Twice in February, judges granted motions to enforce their orders, finding that the administration was dragging its feet.
The gap between lawyerly obstinacy and flat-out defiance seems to shrink by the day, at least in the lower courts. For now, neither the president nor the justices seem eager for the ultimate constitutional confrontation.
“If the Supreme Court said, ‘Bring somebody back,’ I would do that,” Mr. Trump said on Friday. “I respect the Supreme Court.”
Zach Montague contributed reporting
Politics
Buttigieg, Newsom, AOC top three in new 2028 poll in key presidential primary state
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MANCHESTER, N.H. – Former Transportation Secy. Pete Buttigieg tops the list of potential 2028 Democratic presidential contenders in a new poll conducted in New Hampshire, which has traditionally held the first primary in the race for the White House for over a century.
Twenty percent of Democratic primary voters in New Hampshire said they would vote for Buttigieg if the 2028 presidential nomination contest was held today. California Gov. Gavin Newsom and Rep. Alexandria Ocasio-Cortez of New York were tied for second at 15%, with former Vice President Kamala Harris, the Democrats’ 2024 nominee, and Sen. Mark Kelly of Arizona each at 10%, with everyone else in single digits.
The University of New Hampshire Survey Center poll was released Thursday, a couple of hours before Buttigieg arrived in New Hampshire to campaign with Democrats running in this year’s midterm elections.
Asked about the survey by Fox News Digital, Buttigieg noted,” I’m not on any ballot right now.”
EARLY MOVES ALREADY WELL UNDERWAY IN 2028 WHITE HOUSE RACE
Former Transportation Secretary Pete Buttigieg greets patrons during a stop at a restaurant in Manchester, New Hampshire, on Feb. 19, 2026 (Paul Steinhauser/Fox News )
“Obviously it feels good to be well received,” added Buttigieg, who made plenty of friends in the Granite State as he came in close second in the 2020 New Hampshire Democratic presidential primary, slightly behind Sen. Bernie Sanders of Vermont.
Buttigieg’s stop in New Hampshire was his third in an early voting state in the Democratic nominating calendar since stepping down as Transportation secretary following the end of former President Biden’s administration, following trips last year to South Carolina and Iowa. While he mostly avoids 2028 talk, Buttigieg has said he would consider what he brings “to the table” in regards to another White House run.
As he kicked off a three-day swing in key New England swing state, Buttigieg teamed up with Rep. Chris Pappas, the clear frontrunner for the Democratic Senate nomination in the race to succeed retiring Sen. Jeanne Shaheen, a fellow Democrat. Shaheen’s seat is a top GOP target in the midterms.
Former Transportation Secretary Pete Buttigieg, center, and Rep. Chris Pappas of New Hampshire, a Democratic Senate candidate, campaign in Manchester, N.H. on Feb. 19, 2026 (Paul Steinhauser/Fox News)
Later Thursday, Buttigieg joined the state’s other Democratic House member, Rep. Maggie Goodlander. And he was scheduled to hold more events on Friday and Saturday, including a grassroots mobilization event that was expected to draw some top New Hampshire supporters from his 2020 presidential campaign.
Buttigieg is heading next week to battleground Nevada, and a source familiar told Fox News Digital Buttigieg has plans to campaign for candidates in Ohio, Georgia and Pennsylvania in the weeks ahead.
“I’m a big believer in going everywhere across the media landscape and geographically. Some are well known places on the political map. Some are a little bit off the beaten path. All of them deserve attention,” Buttigieg told Fox News Digital.
NEWSOM’S UPCOMING STOP IN KEY PRESIDENTIAL PRIMARY STATE SPARKS MORE 2028 BUZZ
He added that he’ll “continue to go wherever I think I can be useful in elevating attention to issues and working with candidates I believe in and Chris Pappas is a great example of a candidate I am proud to be supporting and speaking up for.”
Newsom will be next up in New Hampshire.
California Gov. Gavin Newsom speaks during an election night press conference at a California Democratic Party office Tuesday, Nov. 4, 2025, in Sacramento, Calif. (Godofredo A. Vásquez/AP Photo)
The California governor’s tour for his new book, “Young Man in a Hurry,” will bring him to Portsmouth, New Hampshire on March 5. It will be his first stop in the state in two years.
Newsom grabbed headlines this past weekend, as he was one of a handful of potential Democratic presidential contenders to speak at the high-profile Munich Security Conference in Germany.
TRUMP HAMMERS AOC MUNICH STUMBLES AS ‘NOT A GOOD LOOK FOR THE UNITED STATES’
Ocasio-Cortez was among the other Democrats in Munich. But the progressive champion, who has long been laser focused on affordability and other domestic issues, has faced intense criticism for nearly a week over a gaffe in Munich, when she asked during a panel discussion whether the U.S. should send troops to defend Taiwan from a possible invasion by China.
Rep. Alexandria Ocasio-Cortez, D-N.Y., attends the Munich Security Conference in Munich, Germany, on Friday, Feb. 13, 2026. (Liesa Johannssen/Reuters)
The four-term lawmaker appeared to stall for nearly 20 seconds before offering that the U.S. should try to avoid reaching a clash with China over Taiwan.
Social media posts on the right slammed her for offering up a world salad.
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But it wasn’t just Republicans who critiqued Ocasio-Cortez.
A veteran Democratic strategist who asked to remain anonymous to speak more freely told Fox News Digital, “It is abundantly clear that AOC is not ready for prime time given her remarks in Europe.”
Politics
Sen. Elizabeth Warren endorses former Rep. Katie Porter for governor
Sen. Elizabeth Warren (D-Mass.) endorsed former Rep. Katie Porter, her protege and former Harvard Law School student, for California governor on Thursday.
“From the moment Katie set foot in my consumer law class, I knew that she would be a warrior for working families,” Warren said in a statement, citing Porter’s work on the foreclosure crisis as well as her questioning of corporate leaders and members of the Trump administration while wielding a white board in hearings when she represented an Orange County district in Congress.
“No one will stand up to Trump with more grit and determination than Katie,” Warren said. “But just as importantly, she will champion the kind of bold, progressive vision that California workers and families deserve.”
The endorsement comes on the cusp of the California Democratic Party’s convention in San Francisco this weekend, at a time that there is no true front-runner in the crowded race to replace termed-out Gov. Gavin Newsom.
Porter was initially viewed as having a potential edge in the race, but her prospects dimmed after videos emerged in October of the UC Irvine law professor scolding a reporter and swearing at an aide. She expressed remorse for her behavior.
Warren and Porter, who met more than two decades ago, have a long-standing relationship, to the point that the senator is the namesake of one of Porter’s children.
Porter endorsed Warren during the 2020 presidential campaign, which caused consternation among some California Democrats since then-Sen. Kamala Harris, who as state attorney general appointed Porter in 2012 to oversee a $25-billion mortgage settlement with the nation’s top banks, was also running for the White House.
Porter pointed to their shared values, such as fighting to protect consumer protection in Congress, as she responded to Warren’s endorsement.
“Senator Warren and I fought together in Congress to hold Big Banks and giant corporations that cheat the American people accountable,” Porter said. “From the classroom to the Capitol, we have made … fighting for working families our lifework. I’ll be a governor who is unbought, undeterred, and unwilling to continue the special interest status quo that has left too many Californians behind.”
Politics
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