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
Republican House leader signals plan to begin contempt proceedings against Bill and Hillary Clinton
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GOP House Oversight Committee Chairman James Comer said he plans to commence contempt of Congress proceedings against Bill and Hillary Clinton for ignoring the committee’s subpoenas related to its ongoing probe into the Jeffrey Epstein scandal.
In July, a bipartisan House Oversight Subcommittee approved motions to subpoena Bill and Hillary Clinton and a slew of other high-profile political figures to aid its investigation looking into how the federal government handled Epstein’s sex trafficking case.
The subpoenas were then sent out in early August, and the Clinton’s were scheduled to testify Dec. 17-18.
“It has been more than four months since Bill and Hillary Clinton were subpoenaed to sit for depositions related to our investigation into Jeffrey Epstein and Ghislaine Maxwell’s horrific crimes. Throughout that time, the former president and former secretary of state have delayed, obstructed, and largely ignored the committee staff’s efforts to schedule their testimony,” Comer said in a press release issued Friday evening.
DOJ CLEARED TO RELEASE SECRET JEFFREY EPSTEIN CASE GRAND JURY MATERIALS
Former Secretary of State Hillary Clinton and her husband, former U.S. President Bill Clinton. (Justin Sullivan/Getty Images)
“If the Clintons fail to appear for their depositions next week or schedule a date for early January, the Oversight Committee will begin contempt of Congress proceedings to hold them accountable.”
Comer’s threats come as Democrats from the House Oversight Committee released a new batch of photos obtained from Epstein’s estate, which included further images of the disgraced financier with powerful figures like President Donald Trump and former President Bill Clinton. Thousands of images were reportedly released, with potentially more to come.
Other high-profile figures subpoenaed by the Oversight Committee include James Comey, Loretta Lynch, Eric Holder, Merrick Garland, Robert Mueller, William Barr, Jeff Sessions and Alberto Gonzales.
FEDERAL JUDGE APPROVES RELEASING GHISLAINE MAXWELL CASE GRAND JURY MATERIAL
House Oversight Committee Chairman James Comer and Jeffrey Epstein. (Tom Williams/CQ-Roll Call, Inc via Getty Images; Neil Rasmus/Patrick McMullan via Getty Images)
In addition to testimony from these individuals, Comer and the Oversight Committee issued subpoenas to the Department of Justice (DOJ) for all documents and communications pertaining to the case against Epstein.
In September, the committee released tens of thousands of pages of Epstein-related records in compliance with the subpoena, and the Oversight Committee indicated the DOJ would continue producing even more records as it works through needed redactions and other measures that must occur before they are released.
U.S. Attorney General Pam Bondi, Jeffrey Epstein and President Donald Trump. (Getty Images)
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Politics
Kristi Noem grilled over L.A. Purple Heart Army vet who self-deported
The saga of a Los Angeles Army veteran who legally immigrated to the United States, was wounded in combat and self-deported to South Korea earlier this year, became a flashpoint during a testy congressional hearing about the Trump administration’s immigration policy.
Homeland Security Secretary Kristi Noem was grilled Thursday on Capitol Hill about military veterans deported during the immigration crackdown launched earlier this year, including in Los Angeles.
“Sir, we have not deported U.S. citizens or military veterans,” Noem responded when questioned by Rep. Seth Magaziner (D-R.I.).
Rep. Seth Magaziner (D-R.I.) speaks during a hearing of the House Committee on Homeland Security on Thursday. He was joined on a video call by Sae Joon Park, a U.S. military veteran who self-deported to South Korea.
(Mark Schiefelbein / Associated Press)
An aide then held up a tablet showing a Zoom connection with Purple Heart recipient Sae Joon Park in South Korea. The congressman argued that Park had “sacrificed more for this country than most people ever have” and asked Noem if she would investigate Park’s case, given her discretion as a Cabinet member. Noem pledged to “absolutely look at his case.”
Park, reached in Seoul on Thursday night, said he was skeptical that Noem would follow through on her promise, but said that he had “goosebumps” watching the congressional hearing.
“It was amazing. And then I’m getting tons of phone calls from all my friends back home and everywhere else. I’m so very grateful for everything that happened today,” Park, 56, said, noting that friends told him that a clip of his story appeared on ABC’s “Jimmy Kimmel Live!” show Thursday night.
The late-night host featured footage of Park’s moment in the congressional hearing in his opening monologue.
“Is anyone OK with this? Seriously, all kidding aside, we deported a veteran with a Purple Heart?” Kimmel said, adding that Republicans “claim to care so much about veterans, but they don’t at all.”
Park legally immigrated to the United States when he was 7, grew up in Koreatown and the San Fernando Valley, and joined the Army after graduating from Notre Dame High School in Sherman Oaks in 1988.
Sae Joon Park received a Purple Heart while serving in the Army.
(From Sae Joon Park)
The green card holder was deployed to Panama in 1989 as the U.S. tried to depose the nation’s de facto leader, Gen. Manuel Noriega. Park was shot twice and honorably discharged. Suffering post-traumatic stress disorder, he self-medicated with illicit drugs, went to prison after jumping bail on drug possession charges, became sober and raised two children in Hawaii.
Earlier this year, when Park checked in for his annual meeting with federal officials to verify his sobriety and employment, he was given the option of being immediately detained and deported, or wearing an ankle monitor for three weeks as he got his affairs in order before leaving the country for a decade.
At the time, Department of Homeland Security Assistant Secretary Tricia McLaughlin said Park had an “extensive criminal history” and had been given a final removal order, with the option to self-deport.
Park chose to leave the country voluntarily. He initially struggled to acclimate in a nation he hasn’t lived in since he was a child, but said Thursday night that his mental state — and his Korean-language skills — have improved.
“It hasn’t been easy. Of course, I miss home like crazy,” he said. “I’m doing the best I can. I’m usually a very positive person, so I feel like everything happens for a reason, and I’m just trying to hang in there until hopefully I make it back home.”
Among Park’s top concerns when he left the United States in June was that his mother, who is 86 and struggling with dementia, would die while he couldn’t return to the county. But her lack of awareness about his situation has been somewhat of a strange blessing, Park said.
“She really doesn’t know I’m even here. So every time I talk to her, she’s like, ‘Oh, where are you?’ And I tell her, and she’s like, ‘Oh, when are you coming home? Oh, why are you there?’” Park said. “In a weird way, it’s kind of good because she doesn’t have to worry about me all the time. But at the same time, I would love to be next to her while she’s going through this.”
Politics
Video: Trump Signs A.I. Executive Order
new video loaded: Trump Signs A.I. Executive Order
transcript
transcript
Trump Signs A.I. Executive Order
Trump signed an executive order on Thursday that would limit individual states in regulating the artificial intelligence industry.
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“It’s a big part of the economy. There’s only going to be one winner here, and that’s probably going to be the U.S. or China. You have to have a central source of approval. When they need approvals on things, they have to come to one source. They can’t go to California, New York.” “We’re not going to push back on all of them. For example, kids’ safety — we’re going to protect. We’re not pushing back on that. But we’re going to push back on the most onerous examples of state regulations.”
By Shawn Paik
December 11, 2025
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