Connect with us

Politics

Trump Grows Increasingly Combative in Showdowns With the Courts

Published

on

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.

Advertisement

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.

Advertisement

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.”

Advertisement

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.

Advertisement

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.”

Advertisement

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.

Advertisement

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.

Advertisement

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

N.I.H. Reinstates Employee Put on Leave After Criticizing Trump Research Cuts

Published

on

N.I.H. Reinstates Employee Put on Leave After Criticizing Trump Research Cuts

A National Institutes of Health employee who was put on paid leave after organizing a public letter that criticized the Trump administration said on Friday that she had been reinstated — a move that followed the reinstatement of 14 Federal Emergency Management Agency employees who had signed a critical letter of their own.

The employee, Jenna Norton, was a key organizer of “The Bethesda Declaration,” issued in June 2025 and signed by nearly 500 N.I.H. employees, which deplored the degradation of medical research under Mr. Trump. The document spawned a wave of other public letters, including one known as the Katrina Declaration, signed by the FEMA employees, which warned that the agency risked repeating mistakes it had made during the Hurricane Katrina disaster more than two decades ago.

Dr. Norton, a program director at the National Institute for Diabetes and Digestive and Kidney Diseases, was sent home with pay in November, when she tried to return to work after a 43-day government shutdown. She subsequently filed a whistle-blower complaint accusing her superiors of retaliating against her. She has emerged as a high-profile critic of the administration, speaking out on social media and in interviews.

This week, she received a four-sentence email telling her to return to work on Monday, she said, but it gave no reason for the reinstatement. A spokesman for Health Secretary Robert F. Kennedy Jr., who oversees the N.I.H., did not immediately respond to a request for comment about Dr. Norton.

Dr. Norton specializes in research aimed at eliminating disparities in the incidence and treatment of kidney disease. But an executive order Mr. Trump issued on his first day in office, ending government-sponsored “diversity, equity and inclusion” programs, led to the cancellation of many of the grants she oversaw.

Advertisement

Some have been reinstated as a result of lawsuits. “I wish I could say I was excited to return to my job,” Dr. Norton said in an interview, “but I’m very worried that that job doesn’t really exist anymore.”

When Dr. Norton was first placed on “nondisciplinary administrative leave,” health department officials gave various reasons. One said she had been put on leave because she had criticized the administration when she was supposed to be working. The N.I.H. director, Dr. Jay Bhattacharya, told an online publication, Just the News, that the health department was investigating Dr. Norton “for potentially violating the Antideficiency Act,” which bars federal employees from spending money beyond what Congress appropriates.

He also said that Dr. Norton might have violated communications policy, and that she did not have the “academic freedom” to speak out because she is not a full-time research scientist.

That is not true, said Debra S. Katz, the lawyer representing Dr. Norton in her whistle-blower case, which is still pending.

“Her participation as leader of the Bethesda Declaration is legal, First Amendment protected speech,” Ms. Katz said. “They went on a fishing expedition to try to find a reason to suspend and fire her, and there was none. So they have been left with an indefensible position, and forced to take her back.”

Advertisement
Continue Reading

Politics

Trump teases US will be ‘taking over’ Cuba ‘almost immediately’ in Florida speech

Published

on

Trump teases US will be ‘taking over’ Cuba ‘almost immediately’ in Florida speech

NEWYou can now listen to Fox News articles!

President Donald Trump appeared to joke during remarks at the Forum Club of the Palm Beaches in Florida Friday that the U.S. would be “taking over” Cuba “almost immediately,” while recognizing attendees including former Rep. Dan Mica.

“And he comes from, originally, a place called Cuba, which we will be taking over almost immediately,” Trump said.

“Cuba’s got problems. We’ll finish one first. I like to finish a job.”

TRUMP AIMS TO RESET WAR POWERS CLOCK WITH CONTROVERSIAL BID TO BYPASS CONGRESS

Advertisement

President Donald Trump speaks during an event at The Villages Charter School in Sumterville, Fla., on Friday. (Thomas Simonetti/Bloomberg via Getty Images)

Trump then riffed on a hypothetical show of American force.

“On the way back from Iran, we’ll have one of our big — maybe the USS Abraham Lincoln aircraft carrier — the biggest in the world,” he said. 

“We’ll have that come in, stop about 100 yards offshore, and they’ll say, ‘Thank you very much, we give up.’”

Advertisement

The president did not elaborate further.

The White House did not immediately respond to Fox News Digital’s request for clarification if the remarks were hypothetical or outlining policy plans.

Advertisement
Continue Reading

Politics

Your guide to the California Congressional District 27 race: Santa Clarita and the Antelope Valley

Published

on

Your guide to the California Congressional District 27 race: Santa Clarita and the Antelope Valley

p]:text-cms-story-body-color-text clearfix”>
  • Jason Gibbs: Republican, Santa Clarita City Council member, mechanical engineer

Gibbs has been a member of the Santa Clarita City Council since 2020 and was chosen by his peers to serve as the city’s mayor in 2023. He earned his bachelor’s and master’s degrees in mechanical engineering at Cal Poly and went on to work in the aerospace industry, according to his campaign website. He has lived in Santa Clarita for nearly a decade while raising two young children, his bio says, and has served on the local boards of the Boys and Girls Club, the Valley Industry Assn. and the Salvation Army.

  • George Whitesides: Democrat, incumbent

Whitesides defeated Republican incumbent Mike Garcia to represent the 27th Congressional District in 2024. Whitesides worked on President Obama’s transition team in 2008 and served as NASA chief of staff during the Obama administration, according to his campaign bio. He was the first chief executive of Virgin Galactic, co-founded Megafire Action, a nonprofit that advocates for legislation to address the growing problem of massive wildfires, and was a board member for the Antelope Valley Economic Development and Growth Enterprise, his bio says.

Others:

  • Roberto Ramos: Democrat, Marine veteran, UCLA master’s student
  • Caleb Norwood: Democrat, college student

A representative for David Neidhart, a Republican candidate, said he has withdrawn from the race. His name still will appear on the ballot.

Advertisement
Continue Reading
Advertisement

Trending