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Judges Worry Trump Could Tell U.S. Marshals to Stop Protecting Them

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Judges Worry Trump Could Tell U.S. Marshals to Stop Protecting Them

On March 11, about 50 judges gathered in Washington for the biannual meeting of the Judicial Conference, which oversees the administration of the federal courts. It was the first time the conference met since President Trump retook the White House.

In the midst of discussions of staffing levels and long-range planning, the judges’ conversations were focused, to an unusual degree, on rising threats against judges and their security, said several people who attended the gathering.

Behind closed doors at one session, Judge Richard J. Sullivan, the chairman of the conference’s Committee on Judicial Security, raised a scenario that weeks before would have sounded like dystopian fiction, according to three officials familiar with the remarks, who spoke on the condition of anonymity to discuss internal deliberations: What if the White House were to withdraw the protections it provides to judges?

The U.S. Marshals Service, which by law oversees security for the judiciary, is part of the Justice Department, which Mr. Trump is directly controlling in a way that no president has since the Watergate scandal.

Judge Sullivan noted that Mr. Trump had stripped security protections from Mike Pompeo, his former secretary of state, and John Bolton, his former national security adviser. Could the federal judiciary, also a recent target of Mr. Trump’s ire, be next?

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Judge Sullivan, who was nominated by President George W. Bush and then elevated to an appellate judgeship by Mr. Trump, referred questions about his closed-door remarks to the Administrative Office of the U.S. Courts, which stated its “complete confidence in those responsible for judicial security.”

There is no evidence that Mr. Trump has contemplated revoking security from judges. But Judge Sullivan’s remarks were an extraordinary sign of the extent of judges’ anxiety over the threats facing the federal bench. And they highlight a growing discomfort from judges that their security is handled by an agency that, through the attorney general, ultimately answers to the president, and whose funding, in their view, has not kept pace with rising threats.

“Cutting all the security from one judge or one courthouse — stuff like that hasn’t happened, and I don’t expect it to,” said Jeremy Fogel, a retired federal judge who directs the Berkeley Judicial Institute at the University of California, Berkeley, and is in frequent contact with current judges. “But, you never know. Because it’s fair to say that limits are being tested everywhere. Judges worry that it could happen.”

The Marshals Service said in a statement that it acted “at the direction of the federal courts” and “effectuate all lawful orders of the federal court.” The integrity of the judicial process, the statement read, depends on “protecting judges, jurors and witnesses.”

Harrison Fields, a White House spokesman, said Mr. Trump’s decision to strip security from Mr. Pompeo and Mr. Bolton, two former officials, had no bearing on his approach to sitting judges. He called worries that the president would deprive judges of their security “speculation” that was “dangerous and irresponsible.”

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Founded in 1789, the U.S. Marshals Service has a wide range of law-enforcement duties, in addition to its central function of supporting the judiciary. There are now 94 presidentially appointed and Senate-confirmed U.S. marshal positions, one for each judicial district. The agency’s director reports to the deputy attorney general.

The concerns about who oversees the marshals come as threats against judges have been on the rise, expanding the burdens on the service.

Statistics released by the agency show that the number of judges targeted by threats more than doubled from 2019 to 2024, before Mr. Trump returned to office. In those years, he disputed the result of the 2020 election in court, and the Supreme Court overturned Roe v. Wade, the ruling that made access to abortion a constitutional right. In June 2022, after the Supreme Court’s ruling on Roe leaked, an armed man made an attempt to assassinate Justice Brett M. Kavanaugh at his home.

In his end-of-year report for 2024, Chief Justice John G. Roberts Jr. noted “a significant uptick in identified threats at all levels of the judiciary.”

Since Mr. Trump took office in January, he and his supporters have insulted individual judges on social media and called for their impeachment in response to rulings they don’t like. In a message posted on Easter, Mr. Trump referred to “WEAK and INEFFECTIVE Judges” who are allowing a “sinister attack on our Nation to continue” in regard to immigration.

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Judges and their family members have in recent weeks reported false threats of bombs in their mailboxes. As of mid-April, dozens of pizzas have been anonymously sent to judges and their family members at their homes, a means of signaling that your enemy knows where you live.

According to Ronald Zayas, the chief executive of Ironwall, a company that contracts with district courts, state courts and some individual judges to provide data protection and security services for judges and other public officials, the number of judges using his services for emergency protection is more than four times the average number for last year. He said 40 judges also used their own money to bolster their security with Ironwall, twice as many as on Jan. 1.

In a letter to Congress dated April 10, Judge Robert J. Conrad Jr., who directs the Administrative Office of the U.S. Courts, complained that funding for court security remained frozen at 2023 levels through the 2025 fiscal year “at a time when threats against federal judges and courthouses are escalating.” Judges have issued similar warnings for years.

The total amount spent has remained nearly flat, rising to $1.34 billion in 2024 from $1.26 billion in 2022, according to statistics from the administrative office and the marshals, despite inflation and staff pay increases.

At the same time, burdens on the service have grown.

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In recent years, the U.S. Marshals said in a statement, they have started helping to protect the homes of the Supreme Court justices, whose security is primarily handled by the separate Supreme Court Marshal’s Office. Last summer, a U.S. marshal stationed outside Justice Sonia Sotomayor’s home in Washington shot and wounded an armed man in an attempted carjacking.

In January, the Trump administration gave the marshals, along with other law enforcement agencies, the new power to enforce immigration laws. That move prompted Judge Edmond E. Chang, who chairs the Judicial Conference’s criminal law committee, to write a memo to all district-court and magistrate judges warning about the potential impact on the marshals’ ability to protect them. (Judge Chang declined to comment; his memo was reported earlier by Reuters.)

In addition to protecting judges’ lives, U.S. law states the marshals’ “primary role and mission” is “to obey, execute, and enforce all orders” from the federal courts. Enforcing court orders can entail imposing fines and imprisonment for anyone judges find to be in contempt of court, including, in theory, executive branch officials.

The Trump administration’s posture in some cases raises the possibility that the already-stretched marshals could emerge as a crucial referee between the branches. In the courtroom, Justice Department lawyers have come close to openly flouting court orders stemming from the unlawful deportation to a prison in El Salvador of a group of nearly 140 Venezuelans and Kilmar Armando Abrego Garcia, whose removal officials admitted was an “administrative error.” Two judges have responded by opening inquiries that could lead to administration officials being held in contempt of court.

“What happens if the marshals are ordered to deliver a contempt citation to an agency head that has defied a court order?” asked Paul W. Grimm, a retired federal judge who leads the Bolch Judicial Institute at Duke University. “Are they going to do that? The question of who the Marshals Service owes their allegiance to will be put to the test in the not-too-distant future, I suspect.”

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Concern over the oversight of the Marshals Service is not new. A 1982 report by the Government Accountability Office called the marshals’ oversight arrangement “an unworkable management condition.” As a possible solution, it proposed legislation to move control of the marshals to the judiciary.

Some members of Congress have begun proposing a similar solution.

“Do you think you could better protect judges if your security was more independent?” Representative Eric Swalwell, Democrat of California, asked a federal judge testifying on behalf of the Judicial Conference at a hearing in February, a few days before Judge Sullivan’s remarks.

Representative Darrell Issa, Republican of California, responded that he considered the question of independent oversight legitimate. The judge answered that the conference would consider the matter.

In an interview, Mr. Swalwell said he was drafting legislation that would put the judiciary in charge of its own security.

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Last month, Ronald Davis, who led the agency under President Joseph R. Biden Jr., issued a stark warning on LinkedIn of “a constitutional crisis if a president refuses to enforce or comply with a federal court order.” He too proposed measures to insulate the marshals from potential interference by the executive branch.

In the meantime, the administration’s immediate goal for the Marshals Service may be to shrink it.

On April 15, Mark P. Pittella, the agency’s acting director, sent a letter to more than 5,000 employees of the service as part of the staff-cutting measures associated with Elon Musk’s project, known as the Department of Government Efficiency, offering them the opportunity to resign and be eligible for more than four months of administrative leave with full pay. In the letter, obtained by The New York Times, Mr. Pittella wrote that agency leadership would review applications to ensure they did not “adversely impact U.S.M.S. mission-critical requirements.”

But a spokesman for the service said the offer was open to employees in all areas of responsibility, including marshals tasked with protecting judges.

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Gabbard says Comey should be 'put behind bars' after picture allegedly 'issuing a call to assassinate' Trump

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Gabbard says Comey should be 'put behind bars' after picture allegedly 'issuing a call to assassinate' Trump

Director of National Intelligence Tulsi Gabbard said ex-FBI Director James Comey should be “put behind bars” for a post he made on Instagram on Thursday allegedly “issuing a call to assassinate [President Donald Trump.]”

Earlier on Thursday, Comey shared a picture on Instagram with seashells formed in the numbers “86 47.” To some, the number “86” is a call sign for murdering or getting rid of someone or something and “47” is typically used to refer to the 47th President of the United States.

“Cool shell formation on my beach walk…,” Comey wrote in the caption of the picture, which has since been deleted.

Gabbard made the comments on “Jesse Watters Primetime” Thursday night after Comey said he wasn’t aware that the number “86” stands for some sort of violence.

EX-FBI CHIEF COMEY’S ‘86 47’ SOCIAL MEDIA POST CONDEMNED BY WHITE HOUSE AS ATTEMPT TO PUT ‘HIT’ ON PRESIDENT

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National Intelligence Director Tulsi Gabbard said ex-FBI Director James Comey should be in jail for posting an Instagram photo of the numbers “86 47,” which has been interpreted as a threat to Trump. (ANDREW CABALLERO-REYNOLDS/AFP via Getty Images)

“I posted earlier a picture of some shells I saw today on a beach walk, which I assumed were a political message,” Comey said after deleting the initial picture. “I didn’t realize some folks associate those numbers with violence. It never occurred to me but I oppose violence of any kind so I took the post down.” 

Gabbard said Comey and his people “need to be held to account according to the law” regardless of why he said he posted the picture.

“The rule of law says people like him who issue direct threats against the POTUS, essentially issuing a call to assassinate him, must be held accountable under the law,” Gabbard said, adding that she thinks he should be in jail.

Ex-FBI Director James Comey posted an Instagram photo of seashells arranged in the numbers "86 47" – which has been interpreted as a threat on President Donald Trump's life.

Ex-FBI Director James Comey posted an Instagram photo of seashells arranged in the numbers “86 47” – which has been interpreted as a threat on President Donald Trump’s life. (AP)

The national intelligence director said Comey’s post has her “very concerned for [the president’s life.]”

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“I’m very concerned for the president’s life; we’ve already seen assassination attempts. I’m very concerned for his life and James Comey, in my view, should be held accountable and put behind bars for this,” she said.

‘NEVER TRUMPER’ COMEY’S ’86 47′ TRUMP POST UNDER INVESTIGATION

Gabbard also said Comey has a lot of influence and that there are “people who take [him] very seriously.”

Shortly after Comey removed the post, Fox News Digital learned from a Secret Service source that the agency was aware of the incident and agents are being sent to investigate and interview Comey.

The White House also condemned Comey’s actions, with White House deputy chief of staff and Cabinet Secretary Taylor Budowich calling his post “deeply concerning.”

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“While President Trump is currently on an international trip to the Middle East, the former FBI Director puts out what can clearly be interpreted as ‘a hit’ on the sitting President of the United States — a message etched in the sand,” Budowich wrote on X. “This is deeply concerning to all of us and is being taken seriously.”

 

Comey, who led the FBI during Trump’s first term before he was fired from the spot, had no comment when reached by Fox News Digital earlier on Thursday.

Fox News Digital’s Alec Schemmel and David Spunt contributed to this report.

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Justices skeptical of Trump plan to limit birthright citizenship but also injunctions that block it

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Justices skeptical of Trump plan to limit birthright citizenship but also injunctions that block it

The Supreme Court gave a skeptical hearing Thursday to a lawyer for President Trump who was appealing rulings that blocked his plan to deny citizenship to newborns whose parents were in this country illegally or temporarily.

None of the justices spoke in favor of Trump’s plan to restrict birthright citizenship, and several were openly skeptical.

“Every court is ruling against you,” Justice Elena Kagan said. “There’s not going to be a lot of disagreement on this.”

If his plan were to take effect, “thousands of children will be born and rendered stateless,” Justice Sonia Sotomayor said.

But Thursday’s hearing was devoted to a procedural question raised by the administration: Can a single federal judge issue a nationwide order to block the president’s plan?

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Shortly after Trump issued his executive order to limit birthright citizenship, federal judges in Maryland, Massachusetts and Washington state declared it unconstitutional and blocked its enforcement nationwide.

In response, Trump’s lawyers asked the court to rein in the “epidemic” of nationwide orders handed down by district judges.

It’s an issue that has divided the court and bedeviled both Democratic and Republican administrations.

Trump’s lawyers argued that on procedural grounds, the judges overstepped their authority. But it is also procedurally unusual for a president to try to revise the Constitution through an executive order.

Thursday’s hearing did not appear to yield a consensus on what to do.

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Justice Brett M. Kavanaugh said the plaintiffs should be required to bring a class-action claim if they want to win a broad ruling. But others said that would lead to delays and not solve the problem.

Justice Neil M. Gorsuch said he was looking for a way to decide quickly. “How do we get to the merits expeditiously?” he asked.

One possibility was to have the court ask for further briefing and perhaps a second hearing to decide the fundamental question: Can Trump acting on his own revise the long-standing interpretation of the 14th Amendment?

Shortly after the Civil War, the Reconstruction Congress wrote the 14th Amendment, which begins with the words: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside.”

Before that, Americans were citizens of their states. Moreover, the Supreme Court in the infamous Dred Scott decision said Black people were not citizens of their states and could not become citizens even if they were living in a free state.

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The amended Constitution established U.S. citizenship as a birthright. The only persons not “subject to the jurisdiction” of the laws of the United States were foreign diplomats and their families and, in the 19th century, Indians who were “not taxed” and were treated as citizens of their tribal nations.

However, Congress changed that rule in 1924 and extended birthright citizenship to Native Americans.

Since 1898, the Supreme Court has agreed that birthright citizenship extends to the native-born children of foreign migrants living in this country. The court said then that “the fundamental rule of citizenship by birth, notwithstanding the alienage of parents” had been established by law.

The decision affirmed the citizenship of Wong Kim Ark, who was born in San Francisco in 1873 to Chinese parents who were living and working there, but who were not U.S. citizens.

But several conservative law professors dispute the notion that the phrase “subject to the jurisdiction” of the United States means simply that people living here are subject to the laws here.

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Instead, they say it refers more narrowly to people who owe their undivided allegiance to this country. If so, they contend it does not extend broadly to illegal immigrants or to students and tourists who are here temporarily.

On Jan. 20, Trump issued an executive order proclaiming the 14th Amendment does not “extend citizenship universally to everyone born within the United States.” He said it would be U.S. policy to not recognize citizenship for newborns if the child’s mother or father was “not a United States citizen or lawful permanent resident at the time of said person’s birth.”

Immigrants rights groups sued on behalf of several pregnant women, and they were joined by 22 states and several cities.

Judges wasted no time in declaring Trump’s order unconstitutional. They said his proposed restrictions violated the federal law and Supreme Court precedent as well as the plain words of the 14th Amendment.

In mid-March, Trump’s lawyers sent an emergency appeal to the Supreme Court with “a modest request.” Rather than decide the “important constitutional questions” involving birthright citizenship, they urged the justices to rein in the practice of district judges handing down nationwide orders.

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They have “reached epidemic proportions since the start of the current administration,” they said.

A month later, and without further explanation, the court agreed to hear arguments based on that request.

Solicitor Gen. D. John Sauer struggled to explain how judges should proceed when faced with a government policy that would be unconstitutional and harm an untold number of people. Is it wise or realistic to insist that thousands of people sign on to lawsuits? the justices asked.

He also had a hard time explaining how such a new policy would be enforced.

“How’s it going to work? What do hospitals do with a newborn?” Kavanaugh asked. “What do states do with a newborn?”

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“Federal officials will have to figure that out, essentially,” Sauer replied, noting that Trump’s order, if upheld, would not take effect for 30 days.

California joined 21 other states in suing successfully to block Trump’s order, but California Atty. Gen. Rob Bonta said it was important those rulings apply nationwide.

“The rights guaranteed by the U.S. Constitution belong to everyone in this country — not just those born in states whose attorneys general have stood up to challenge the president’s unlawful executive order. It’s clear that a nationwide injunction is not only appropriate here to avoid devastating harm to the states and their residents, but is also directly aligned with prior Supreme Court precedent,” Bonta said after Thursday’s argument.

The justices are likely to hand down a full opinion in Trump vs. CASA, but it may not come until late June.

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Video: Ben and Jerry’s Founder Arrested at Kennedy’s Senate Hearing

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Video: Ben and Jerry’s Founder Arrested at Kennedy’s Senate Hearing

new video loaded: Ben and Jerry’s Founder Arrested at Kennedy’s Senate Hearing

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Ben and Jerry’s Founder Arrested at Kennedy’s Senate Hearing

Ben Cohen, a co-founder of the ice cream brand Ben and Jerry’s, was among a group of protesters that interrupted a Senate committee hearing to protest Congress’s funding for Israel’s military as it wages war against Hamas in Gaza.

I’m presenting today supports these goals and reflects — [protesters shouting] The witness will suspend. The committee will come to order. Members of the audience are reminded disruptions will not be permitted while the committee conducts its business. Capitol Police are asked to remove the individuals from the hearing room.

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