Originally published at: Judge Finds Admin Not Complying With Court Order After Musk, Vance Rail Against Judiciary
It’s quite a split screen: The president, vice president, White House deputy chief of staff and unelected co-president publicly goad each other on to ignore a judge’s order, which would usher in a full-blown constitutional crisis. Meanwhile, the Trump Justice Department on Sunday took up nearly a whole page in a short filing to assure…
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How many branches does the damn Rubicon have?
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or, at least, that the administration is too incompetent to fully comply with court orders as it takes a sledgehammer to the federal government
“We broke it but good and even we cant be sure how it works at this point” is sorta the point.
But that gives them too much credit. Theyre probing the fences, seeing what they can get away with, and daring the judge—or anyone else— to do anything about it.
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OK, what’s next? And how soon?
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Constitutional Crisis: Day, what 21?
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The federal judiciary doesn’t have an army to enforce its rulings, instead relying on norms and the rule of law. Chainsaw Trump and his minions don’t care about nor respect either, so we are in a world of trouble here.
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The federal judiciary has the US Marshals Service, the authority to deputize state and local law enforcement, and the coercive power of holding parties in contempt.
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At some point one of these cases will reach SCOTUS, and even this SCOTUS (a majority of it, anyway) will be very unhappy with Trump and his administration’s public disdain for the lower federal courts’ authority since it undermines their authority. That’s when the shit will hit the fan. Will Trump ignore a SCOTUS ruling? He and Vance and Musk are talking like he will. Oh, and Bondi will play her part.
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“When liberty exceeds intelligence, it begets chaos, which begets dictatorship.”
― Will Durant
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I know there is something new everyday. That is by design. It is a ruse to distract from the main front.
Keep your eyes out on the serious fraud, corruption, and waste charges against the Treasury. Any problems at Treasury is a consequential matter that could snowball. It is an agency that is a black box and has not received much political interest or oversight by both Parties in a long time.
Remember, the global financial crisis under Bush was caused by corruption, fraud, and poor quality tranches of derivatives by Wall Street ratings agencies. The housing crisis was caused by the corruption, fraud, and waste at MERS colluding with Wall Street banks.
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We’re at an inflection point.
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What is being missed is that there is no downside for Trump even if the Courts rule against him and are able to enforce their rulings. That is even if the guard rails hold, they will be weakened by the Trump’s assaults and at worst his power is limited to the Constitution like every other president.
but as serendipitous… pointed out, this “is a ruse to distract from the main front.”
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I cannot recall if the integrity and security of the US Marshals system has been tested on scale. It would have been if the January 6 Coup had marched on the Supreme Court according to the original plan by the Family.
I know it is crazy, but the first image of a US Marshal that comes to my mind is the guy who stands by Judge Judy, and Steve, the burly bald guy who helped the late Jerry Springer (PBUH, I used to enjoy his show).
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The Supreme Court will be reluctant to take any case that Trump might ignore in terms of ruling. I would bet that they take very few of these cases. Trump has already ignored the TikTok ruling from the Supreme Court with no consequences.
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From the US Marshal’s Office
28 USC 566 Powers and Duties
(a) It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals, the Court of International Trade, and the United States Tax Court, as provided by law.
(b) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court.
(c) Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties.**
(d) Each United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director may carry firearms and make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony.
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Thanks txlawyer. We are entering new territory here, no(?), with the Executive Branch of the US government teasing or actually and willfully ignoring a Federal Judge’s Order(s)? I need some guidance here. Thanks.
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According to this piece I read at NPR the other day, nobody seems to be sure whether judicial rulings actually can be enforced against a president unless Congress and members of the President’s party can threaten the Prez in a way that gets him or her to comply … Nixon complied when credibly threatened with impeachment. But Donnie’s already been impeached twice (…and probably feels pretty secure about actual conviction, given his other two impeachment experiences…) . This prof they talked to – Tara Grove teaches law at the University of Texas, Austin, with a focus on the constitutional separation of powers – makes it all seem pretty shaky.
TARA GROVE: So the Constitution does give the federal courts the judicial power, which some people say means people have to abide by their orders. And federal judges can give increasingly intense, enthusiastic orders. But at the end of the day, the really important thing is that presidents have complied with federal court orders. One example is the Nixon administration. So as some may remember, there was a big fight over the tapes related to the Watergate scandal. This went to court. During the litigation, President Nixon’s lawyers indicated that they might not abide by a Supreme Court decision that said you have to turn over the tapes.
During the oral argument, President Nixon’s attorney suggested that President Nixon might not abide by that order. At the time, Justice Thurgood Marshall did not take kindly to that suggestion. When the Supreme Court ultimately did issue its decision, President Nixon did comply. And one important thing to know about that history is that members of Congress, including members of Congress in President Nixon’s own party, made it quite clear that he would be impeached if he failed to comply with the Supreme Court’s decision. President Nixon complied. Now, as it turned out, that the release of the tapes did, in fact, destroy the Nixon administration. And President Nixon resigned…
MARTÍNEZ: Yeah.
GROVE: …Two weeks after the decision. But this is an example where everyone came together and said the president must comply with judicial decisions.
MARTÍNEZ: So it sounds like it requires some measure of solidarity then.
GROVE: Yes.
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Completely OT here, but you know, Superbowl. And, if this has been discussed on another thread, please disregard.
How is it that Kayne West’s “Yeezy” brand was able to still show his commercial, starring him, even after he became a self-confessed Nazi and made those horrific anti-semitic statements on the former Twitter? Was it just because Fox and the NFL just don’t care about human rights any more? I’m probably answering my own question.
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Similar to how DeJoy had the USPS rip out and destroy various sorting machinery before the 2000 Election.
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Per the 2024 US Marshalls Service report, there are less than 4,000 active Marshalls, spread out across the entire country. Less “cops” than Philly or New York City. Whatever Marshalls posted at SCOTUS would have been overrun quickly, if not supported by Capitol Police. Just my hypothetical 2 cents.
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