I’ve observed before that the Donald Trump odyssey that began in 2015 can be likened to the titles of the various movies in the Star Wars series. First we had, A New Hope. Then, in 2020, there was The Empire Strikes Back. 2024 brought us, The Return of the MAGA. And now that he’s back in office, the Rebel Alliance is taking fire from a new enemy, unelected, life-tenured judges, who have usurped the authority of the Executive branch. The next episodes in this series may be called, The Judicial Menace, and The Rise of the Robes.
In February alone, U.S. District Court judges imposed 15 nationwide injunctions on the Trump Administration to reverse, delay, or frustrate policy decisions. These injunctions include two on the Executive Order challenging birthright citizenship, and orders restoring fired employees of the Executive branch to their jobs, preventing the firings of probationary employees, ordering the military to reinstate transgender members, ordering frozen USAID grant money to be paid, and most recently, D.C. Judge Boasberg’s verbal order that planes deporting violent gang members to El Salvador must return to the United States.
Each of these injunctions represents an intolerable intrusion by the judiciary into the workings of the Executive Branch. The President’s authority derives from Article II of the Constitution, which is short and sweet. “The executive power shall be vested in a President of the United States of America.” The authority of a president to supervise and remove executive officers, execute the laws and conduct foreign policy has been recognized by the courts for 100 years.
Leftist judges are attempting to flaunt Supreme Court precedent with orders and injunctions that seek to prevent the Executive from implementing the policies that caused a majority of voters to cast their votes for Trump. This is a time-honored Democrat tactic. Having lost the presidency, the House and the Senate, the Democrats’ go-to tactic is to get judges to order policies that would never pass muster with the electorate. Simply put, that’s not the way it’s supposed to work.
In the Federalist Papers, the Founders envisioned the judiciary as the least powerful branch of the government. Bolshevik Bernie Sanders and AOC (All Out Crazy) currently are touring the country denouncing Trump’s use of his executive power as the creation of an “oligarchy,” rule by a few people. Once again, irony is lost on them.
77 million people put Trump into office. Democrats now are relying on a couple of hundred liberal judges to undo the election. In any case, Bernie and AOC know as much about oligarchy as they know about fascism. Newt Gingrich this week published an article on this issue, entitled, An Intolerable Judicial Dictatorship. In it, he quoted Thomas Jefferson’s statement that, making judges the ultimate deciders of law would “place us under the despotism of an oligarchy.” That oligarchy has arrived.
Not content to accept the vesting clause of Article II of the Constitution that they swore to uphold, these judges have taken it upon themselves to carry out the functions of the various departments of the Executive branch, including immigration enforcement, Executive branch personnel staffing, and even the operations of the Department of Defense.
DOGE uncovered massive waste, including payments of millions of dollars to terrorist groups under the guise of foreign aid. Trump froze disbursement of questionable grant spending pending a national security revue. An Obama appointed judge ordered the monies paid.
Another Obama appointee enjoined the firing of an NLRB member, and the stripping of security clearances from the Perkin Coie Law Firm. The judge denounced Trump as “A president who touts an image of himself as a ‘king’ or a dictator.” The law firm has since capitulated, making concessions that settled the matter.
Biden appointee, and self-professed lesbian, judge Ana Reyes thinks she’s running the Defense Department. Trump issued an Order banning transgender persons from the military. Ignoring the fact that the judiciary has no authority to decide who is and is not fit to serve in the military, Judge Reyes has ordered them reinstated. The order prompted Defense Secretary Pete Hegseth to observe, “Since ‘Judge’ Reyes is now a top military planner, she/they can report to Fort Benning at 0600 to instruct our Army Rangers on how to execute High Value Target Raids … after that, Commander Reyes can dispatch to Fort Bragg to train our Green Berets on counterinsurgency warfare.”
The worst example of judicial overreach is that of D.C. District Judge Boasberg. ICE has been rounding up criminal illegal aliens from Tren de Aragua and MS13 for immediate deportation. Such removals are are in accordance with immigration laws on the books.
In response to a hastily filed supposed class action lawsuit based on a newspaper article about deportations of criminals to El Salvador, Judge Boasberg conducted a hearing in which he issued a verbal order that the planes carrying the criminals were to be turned around and returned to the United States.
The deportations were based on the 1798 Enemy Alien Act, which the court claimed was inappropriately applied. I also thought the use of the Act was a stretch, until I researched it. The Act authorizes the summary removal of aliens where there has been a declared war, or where a president has proclaimed that the U.S. has been the victim of a “predatory incursion” by elements from a foreign government.
Trump issued such a proclamation, alleging that Venezuelan gang members were dispatched by the Maduro government to prey on the United States. Judge Boasberg held a second hearing in which he berated the government, “Why was this proclamation signed in the dark on Friday, early Saturday morning, and then these people rushed onto the planes? To me, the only reason to do that is if you know the problem, and you want to get them out of the country before a suit is filed.”
Boasberg is way over his head on this one. First, there is no requirement that the Executive branch give 10 days notice before taking action, so as to give every crook, nutcase, and anarchist a chance to throw a wrench into government operations.
Secondly, in 1948 the Supreme Court decided that the decision as to whether conditions enabling use of the Enemy Alien Act is justified, namely, whether there is a war or incursion, and whether or not it has ended, is a political decision invested in the president and is not subject to judicial review.
Thirdly, the Chief Judge of the D.C. District Court ought to know that, even a valid verbal order isn’t worth the paper that it’s not printed on. A valid order must be signed and filed with the court before it’s in effect.
Boasberg’s actions have prompted calls for his impeachment. I thought that was a bit much till I learned that Boasberg was the judge who signed the phony FISA court warrants that permitted the Obama Administration to spy on the 2016 Trump campaign, opening up the phony Russiagate investigation.
Then, when it became known that the evidence he was given was false, and that some of it was concocted by an FBI agent, Boasberg conducted the trial of the agent. After being found guilty, Boasberg said the agent had suffered enough and gave him probation. Most judges I know don’t appreciate being lied to, and when they learn the court was the victim of fraud, are in no mood to dispense mercy.
Boasberg then participated in the alleged reform of the FISA court regulations by appointing Obama DOJ veterans David Kris and Mary McCord to the job, both of whom helped to perpetrate the Russiagate collusion hoax. On this evidence, I’d say Boasberg is Chief Judge of the Deep State.
The only workable solution for the Attack of the Robes is a strong opinion of the Supreme Court, reminding the judges of the separation of powers and prohibiting nationwide injunctions.
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