• 7 hours ago
Donald Trump's Department of Justice is taking illegal positions in various courts, including a threat not to comply with federal judge orders. A new filing made by the Department of Justice in the District of Rhode Island concerns an injunction by Judge McConnell related to the federal funding freeze imposed by Trump. Judge McConnell found this freeze unconstitutional, a violation of the separation of powers, and the Administrative Procedures Act.
Despite this, Trump's lawyers argue they haven't stopped the executive order and can still stop the funding. They refuse to inform all federal agencies about the injunction, claiming that not all federal agencies are subject to a federal judge's orders. The Department of Justice, led by Brett Schumate, is taking unsustainable and legally insufficient positions.
In a similar case in Seattle, Judge Coffin declared Trump's executive order on birthright citizenship unconstitutional. Despite this ruling, the DOJ continues to make unsupported arguments in court.
Federal judges are anticipated to easily dismiss the Trump Department of Justice's unsustainable legal positions. The solicitor general for Trump, John Sauer, is expected to make extreme arguments to the Supreme Court. This is amidst other controversial cases, such as the banning of transgender soldiers, which was challenged in front of Judge Anna Reyes. A DOJ lawyer argued that animus-driven policies could be constitutional, which was met with disbelief by the judge.
Judges retain the inherent authority to enforce their orders, including jailing non-compliant individuals. Trump's administration has been known for disrespecting court processes and pardoning January 6 defendants, actions which continue to concern the judiciary.

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