Politics
With New Decree, Trump Threatens Lawyers and Law Firms
President Trump broadened his campaign of retaliation against lawyers he dislikes with a new memorandum that threatens to use government power to punish any law firms that, in his view, unfairly challenge his administration.
The memorandum directs the heads of the Justice and Homeland Security Departments to “seek sanctions against attorneys and law firms who engage in frivolous, unreasonable and vexatious litigation against the United States” or in matters that come before federal agencies.
Mr. Trump issued the order late Friday night, after a tumultuous week for the American legal community in which one of the country’s premier firms, Paul, Weiss, Rifkind, Wharton & Garrison, struck a deal with the White House to spare the company from a punitive decree issued by Mr. Trump the previous week.
Vanita Gupta, who as a civil rights lawyer and a former Justice Department official has both sued the government and defended it in court, said Mr. Trump’s memo “attacks the very foundations of our legal system by threatening and intimidating litigants who aim to hold our government accountable to the law and the Constitution.”
In response to criticism of the memo, a White House spokeswoman, Taylor Rogers, said: “President Trump is delivering on his promise to ensure the judicial system is no longer weaponized against the American people. President Trump’s only retribution is success and historic achievements for the American people.”
The president has long complained that Democratic-leaning lawyers and law firms have pursued what he calls “lawfare” in the form of investigations and lawsuits against him and his allies that he claims are motivated by politics. Since being sworn into office he has targeted three firms, but the new memo seems to threaten similar punishment for any lawyer or firm who raises his ire.
After Mr. Trump issued an order suspending security clearances for Paul Weiss lawyers, and sharply limiting their employees from entering government buildings or getting government jobs, the firm agreed to a series of commitments to get the president to cancel the order.
As part of the deal, the firm said it would provide $40 million in legal services to causes Mr. Trump has championed, including his task force to combat antisemitism.
Perkins Coie, another firm targeted by Mr. Trump, chose a different tack — suing him in federal court and getting a temporary restraining order against the president.
Trump’s attacks on law firms, and Paul Weiss’s decision to cut a deal rather than fight it out in court, have sent shock waves through the legal community. The sweeping nature of the president’s latest demand comes as he has also stepped up his public attacks on judges and the very notion that the courts can tell him what to do or not do.
The executive branch “should neither fear nor punish those who challenge it and should not be the arbiter of what is frivolous — there are protections in place to address that,” Ms. Gupta said. “This moment calls for courage and collective action, not capitulation, among lawyers and the legal profession.”
It also comes amid a showdown between a federal judge in Washington and the administration over the president’s invocation a week ago of the Alien Enemies Act, which he used to immediately send more than 100 Venezuelan migrants he said were gang members to a large prison complex in El Salvador.
Civil rights activists say the deportations violated the law, and that the administration’s refusal to give clear answers on its conduct flouts the very premise of the U.S. court system.
One law firm that is suing the administration over its policies said it would not back down in the face of threats from the White House.
The leaders of Keker, Van Nest & Peters, a San Francisco firm that has sued over the Trump administration over its immigration raids, called Mr. Trump’s latest memorandum “inexcusable and despicable.”
“Our liberties depend on lawyers’ willingness to represent unpopular people and causes, including in matters adverse to the federal government,” the firm said in a statement. “Our profession owes every client zealous legal representation without fear of retribution, regardless of their political affiliation or ability to pay.”
The firm also encouraged other lawyers to join a nationwide effort to submit a “friend of the court” brief in the Perkins Coie lawsuit against Mr. Trump.
Mr. Trump’s Friday night memo, titled “Preventing Abuses of the Legal System and the Federal Court,” complains that lawyers have long engaged in unethical conduct in opposing him, or opposing deportations. The memo also suggests that the Trump administration will make disciplinary referrals against lawyers who pursue cases without merit “particularly in cases that implicate national security, homeland security, public safety, or election integrity.”
Mr. Trump also used the announcement to attack one particular lawyer by name, Marc Elias.
Mr. Elias previously worked at Perkins Coie, and has long represented Democrats. Mr. Trump blames Mr. Elias, among others, for a dossier of unsubstantiated allegations about his links to Russia that was investigated by the F.B.I. in 2016 and 2017.
“President Trump’s goal is clear. He wants lawyers and law firms to capitulate and cower until there is no one left to oppose his administration in court,” Mr. Elias said in a written statement. He added, “There will be no negotiation with this White House about the clients we represent or the lawsuits we bring on their behalf.”
Politics
Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins
NEWYou can now listen to Fox News articles!
The Justice Department is turning to former Trump attorney Joeseph diGenova to spearhead a probe into ex-CIA Director John Brennan and others over the origins of the Trump-Russia investigation, as the department reshuffles leadership of the sprawling inquiry.
Acting Attorney General Todd Blanche has tapped diGenova to serve as counsel overseeing the matter, according to a New York Times report, putting a former Trump attorney in a key role in the high-profile probe. A federal grand jury seated in Miami has been impaneled since late last year.
The Department of Justice did not immediately respond to Fox News Digital’s request for comment.
DOJ ACTIVELY PREPARING TO ISSUE GRAND JURY SUBPOENAS RELATING TO JOHN BRENNAN INVESTIGATION: SOURCES
Joseph diGenova represented President Donald Trump during special counsel Robert Mueller’s investigation. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova, a former U.S. attorney in Washington, D.C., who represented Trump during special counsel Robert Mueller’s investigation, has repeatedly accused Brennan of misconduct tied to the origins of the Russia probe—allegations that have not resulted in criminal charges.
He also said in a 2018 appearance on Fox News that Brennan colluded with the FBI and DOJ to frame Trump.
The origins of the Russia investigation have been the subject of ongoing scrutiny by Trump allies, who have argued that intelligence and law enforcement officials improperly launched the probe.
BRENNAN INDICTMENT COULD COME WITHIN ‘WEEKS’ AS PROSECUTORS REQUEST OFFICIAL TRANSCRIPTS
Joseph diGenova has previously said that ex-CIA chief John Brennan colluded with the FBI and DOJ to frame Trump. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova’s appointment follows the ouster of Maria Medetis Long, a national security prosecutor in the South Florida U.S. attorney’s office. She had been overseeing the inquiry, including a false statements probe related to Brennan and broader conspiracy-related investigations.
As the investigation continues, federal investigators have issued subpoenas seeking information related to intelligence assessments of Russian interference in the 2016 election.
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
John Brennan has denied any wrongdoing related to the Russia investigation. (William B. Plowman/NBC/NBC NewsWire via Getty Images; Alex Wong/Getty Images)
Brennan has previously denied wrongdoing related to the Russia investigation and has defended the intelligence community’s assessment that Moscow interfered in the 2016 election.
Politics
Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’
WASHINGTON — A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.
He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.
What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.” The court will hear arguments on the issue on April 27.
Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.
Civil libertarians say the new “digital dragnets” work in reverse.
“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.
But these new data scans can be effective in finding criminals.
Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”
Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.
The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.
Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal next week.
The justices agreed to decide whether geofence warrants violate the 4th Amendment.
The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.
This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.
Judges are deeply divided on how this fits with the 4th Amendment.
Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”
Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.
(Alex Wong / Getty Images)
Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.
The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.
Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”
Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.
“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.
He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.
Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.
Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.
Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.
Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.
The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.
After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.
The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.
That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”
The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.
By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.
The data confirmed Carpenter was nearby when four of the stores were robbed.
Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.
The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.
But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.
In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.
Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.
The justices will issue a decision by the end of June.
Politics
Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC
NEWYou can now listen to Fox News articles!
President Donald Trump mocked the Islamic Revolutionary Guard on Sunday morning for staking claim to a Strait of Hormuz “blockade” the U.S. military had already put in place.
“Iran recently announced that they were closing the Strait, which is strange, because our BLOCKADE has already closed it,” Trump wrote on Truth Social. “They’re helping us without knowing, and they are the ones that lose with the closed passage, $500 Million Dollars a day! The United States loses nothing.
“In fact, many Ships are headed, right now, to the U.S., Texas, Louisiana, and Alaska, to load up, compliments of the IRGC, always wanting to be ‘the tough guy!’”
Trump declared Saturday’s IRGC fire was “a total violation” of the ceasefire.
“Iran decided to fire bullets yesterday in the Strait of Hormuz — A Total Violation of our Ceasefire Agreement!” his post began.
“Many of them were aimed at a French Ship, and a Freighter from the United Kingdom. That wasn’t nice, was it? My Representatives are going to Islamabad, Pakistan — They will be there tomorrow evening, for Negotiations.”
Trump remains hopeful about diplomacy, but is not ruling out a return to force, where he once warned about ending “civilation” in Iran as they know it.
“We’re offering a very fair and reasonable DEAL, and I hope they take it because, if they don’t, the United States is going to knock out every single Power Plant, and every single Bridge, in Iran,” Trump’s stern warning continued.
“NO MORE MR. NICE GUY!
“They’ll come down fast, they’ll come down easy and, if they don’t take the DEAL, it will be my Honor to do what has to be done, which should have been done to Iran, by other Presidents, for the last 47 years. IT’S TIME FOR THE IRAN KILLING MACHINE TO END!”
-
Movie Reviews1 minute agoFILM REVIEW: ROSE OF NEVADA – Joyzine
-
World13 minutes ago
Oil prices rise anew after a US-Iran standoff in the Strait of Hormuz strands tankers
-
News19 minutes agoVideo: 8 Children Killed in Louisiana Shooting, Police Say
-
Culture55 minutes agoPoetry Challenge: Memorize “The More Loving One” by W.H. Auden
-
Lifestyle1 hour agoPhotos: How overfishing in Southeast Asia is an ecological and human crisis
-
Technology1 hour agoBlue Origin successfully reused its New Glenn rocket
-
World1 hour agoDistress call captures tanker under fire, Iran shuts Hormuz trapping thousands of sailors
-
Politics1 hour agoTrump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins