Heather Cox Richardson..May 28
Political scientist Adam Bonica noted last Friday that Trump and the administration suffered a 96% loss rate in federal courts in the month of May. Those losses were nonpartisan: 72.2% of Republican-appointed judges and 80.4% of Democratic-appointed judges ruled against the administration.
The administration sustained more losses today.
U.S. District Judge Tanya Chutkan ruled that 14 states can proceed with their lawsuit against billionaire Elon Musk and the “Department of Government Efficiency.” The administration had tried to dismiss the case, but Chutkan ruled the states had adequately supported their argument that “Musk and DOGE’s conduct is ‘unauthorized by any law.’” “The Constitution does not permit the Executive to commandeer the entire appointments power by unilaterally creating a federal agency…and insulating its principal officer from the Constitution as an ‘advisor’ in name only,” she wrote.
U.S. District Judge Richard Leon struck down Trump’s March 27 executive order targeting the law firm Wilmer Cutler Pickering Hale and Dorr, more commonly known as WilmerHale. This law firm angered Trump by employing Robert Mueller, the Republican-appointed special counsel who oversaw an investigation of the ties between the 2016 Trump campaign and Russian operatives.
Leon, who was appointed to the bench by President George W. Bush, made his anger obvious. “[T]he First Amendment prohibits government officials from retaliating against individuals for engaging in protected speech,” Leon noted. “WilmerHale alleges that ‘[t]he Order blatantly defies this bedrock principle of constitutional law.’” Leon wrote: “I agree!” He went on to strike down the order as unconstitutional.
Today NPR and three Colorado public radio stations sued the Trump administration over Trump’s executive order that seeks to impound congressionally appropriated funds for NPR and PBS. The executive order said the public media stations do not present “a fair, accurate, or unbiased portrayal of current events to taxpaying citizens.” NPR’s David Folkenflik reported White House spokesperson Harrison Fields’s statement today that public media supports “a particular party on the taxpayers’ dime,” and that Trump and his allies have called it “left-wing propaganda.”
The lawsuit calls Trump’s executive order and attempt to withhold funding Congress has already approved “textbook retaliation.” “[W]e are not choosing to do this out of politics,” NPR chief executive officer Katherine Maher told NPR’s Mary Louise Kelly. “We are choosing to do this as a matter of necessity and principle. All of our rights that we enjoy in this democracy flow from the First Amendment: freedom of speech, association, freedom of the press. When we see those rights infringed upon, we have an obligation to challenge them.”
U.S. District Judge Paula Xinis today denied the administration’s motion for a 30-day extension of the deadline for it to answer the complaint in the lawsuit over the rendition of Kilmar Abrego Garcia, the Maryland man sent to El Salvador through what the administration said was “administrative error.”
Despite five hearings on the case, the administration’s lawyers didn’t indicate they needed any more time, but today—the day their answer was due—they suddenly asked for 30 more days. Xinis wrote that they “expended no effort in demonstrating good cause. They vaguely complain, in two sentences, to expending ‘significant resources’ engaging in expedited discovery. But these self-described burdens are of their own making. The Court ordered expedited discovery because of [the administration’s] refusal to follow the orders of this court as affirmed by the United States Court of Appeals for the Fourth Circuit and the United States Supreme Court.”
Trump is well known for using procedural delays to stop the courts from administering justice, and it is notable that administration lawyers have generally not been arguing that they will win cases on the merits. Instead, they are making procedural arguments.
Meanwhile, stringing things out means making time for situations to change on the ground, reducing the effect of court decisions. Brian Barrett of Wired reported today that while Musk claims to have stepped back from the Department of Government Efficiency, his lieutenants are still spread throughout the government, mining Americans’ data. Meanwhile, Office of Management and Budget director Russell Vought will push to make DOGE cuts to government permanent in a dramatic reworking of the nation’s social contract. “Removing DOGE at this point would be like trying to remove a drop of food coloring from a glass of water,” Barrett writes.
Political scientist Bonica notes that there is a script for rising authoritarians. When the courts rule against the leader, the leader and his loyalists attack judges as biased and dangerous, just as Trump and his cronies have been doing.
The leader also works to delegitimize the judicial system, and that, too, we are seeing as Trump reverses the concepts of not guilty and guilty. On the one hand, the administration is fighting to get rid of the constitutional right of all persons to due process, rendering people who have not been charged with crimes to prisons in third countries. On the other, Trump and his loyalists at the Department of Justice are pardoning individuals who have been convicted of crimes.
On Monday, Trump issued a presidential pardon to former Culpeper County, Virginia, sheriff Scott Jenkins, a longtime Trump supporter whom a jury convicted of conspiracy, mail and wire fraud, and seven counts of bribery. Jared Gans of The Hill explained that Jenkins accepted more than $70,000 in bribes to appoint auxiliary deputy sheriffs, “giving them badges and credentials despite them not being trained or vetted and not offering services to the sheriff’s office.” Jenkins had announced he would “deputize thousands of our law-abiding citizens to protect their constitutional right to own firearms,” if the legislature passed “further unnecessary gun restrictions.” Jenkins was sentenced to ten years in prison.
Although Jenkins was found guilty by a jury of his peers, just as the U.S. justice system calls for, Trump insisted that Jenkins and his wife and their family “have been dragged through HELL by a Corrupt and Weaponized Biden D[epartment] O[f] J[ustice].” Jenkins, Trump wrote on social media, “is a wonderful person, who was persecuted by the Radical Left ‘monsters,’ and ‘left for dead.’ This is why I, as President of the United States, see fit to end his unfair sentence, and grant Sheriff Jenkins a FULL and Unconditional Pardon. He will NOT be going to jail tomorrow, but instead will have a wonderful and productive life.”
Today Trump gave a presidential pardon to Paul Walczak, a former nursing home executive who pleaded guilty to tax crimes in 2024. The pardon arrived after Walczak’s mother donated at least $1 million to Trump. The pardon spares Walczak from 18 months in prison and $4.4 million in restitution. Also today, Trump announced plans to pardon reality TV stars Julie and Todd Chrisley, who were sentenced to 7 and 12 years in prison for conspiracy to defraud banks of $36 million and tax evasion. Their daughter spoke at the 2024 Republican National Convention.
Bonica notes that delegitimizing the judicial system creates a permission structure for threats against judges. That, too, we are seeing.
Bonica goes on to illustrate how this pattern of authoritarian attacks on the judiciary looks the same across nations. In 2009, following a ruling that he was not immune from prosecution for fraud, tax evasion, and bribery, Italy’s Silvio Berlusconi railed about “communist prosecutors and communist judges.” In 2016, Recep Tayyip Erdoğan of Türkiye rejected the authority of his country’s highest court and purged more than 4,000 judges. Zimbabwe’s Robert Mugabe pushed judges to stop protests, and the judiciary collapsed. In the Philippines in 2018, Rodrigo Duterte called the chief justice defending judicial independence an “enemy,” and she was removed. In Brazil in 2021, Jair Bolsonaro threatened violence against the judges who were investigating him for corruption.
But, Bonica notes, something different happened in Israel in 2023. When Benjamin Netanyahu’s coalition tried to destroy judicial independence, people from all parts of society took to the streets. A broad, nonpartisan group came together to defend democracy and resist authoritarianism.
“Every authoritarian who successfully destroyed judicial independence did so because civil society failed to unite in time,” Bonica writes. “The key difference? Whether people mobilized.”
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Notes:
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2025cv0429-93
https://www.whitehouse.gov/presidential-actions/2025/03/addressing-risks-from-wilmerhale/
https://www.cnbc.com/2025/05/27/trump-leon-wilmerhale-mueller.html
https://storage.courtlistener.com/recap/gov.uscourts.dcd.278933/gov.uscourts.dcd.278933.110.0_3.pdf
https://www.npr.org/2025/05/27/nx-s1-5413094/npr-public-radio-lawsuit-trump-funding-ban
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.163.0.pdf
https://www.wired.com/story/elon-musk-stepping-back-doge-final-form/
https://www.nytimes.com/2025/05/27/us/politics/trump-pardon-paul-walczak-tax-crimes.html
https://www.politico.com/news/2025/05/27/trump-pardon-reality-tv-couple-convicted-fraud-00371950
https://thehill.com/homenews/administration/5319140-trump-pardons-scott-jenkins/
Donald J. Trump, Truth Social post, May 26, 2025, 3:19 p.m.
https://www.theguardian.com/world/2009/oct/07/silvio-berlusconi-immunity-law-uncontitutional
https://www.npr.org/2025/05/27/1253209931/npr-trump-lawsuit-funding
Bluesky:
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