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      ‘Rogue president’: growing number of US judges push back against Trump

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      US district and appeals courts are increasingly rebuking Donald Trump’s radical moves on tackling crime, illegal immigration and other actions where administration lawyers or Trump have made sweeping claims of emergencies that judges have bluntly rejected as erroneous and undermining the rule of law in America.Legal scholars and ex-judges note that strong court pushback has come from judges appointed by Republicans, including Trump himself, and Democrats, and signify that the administration’s factual claims and expanding executive powers face stiff challenges that have slowed some extreme policies.Among the toughest rulings were ones this month by Judge Karin Immergut in Oregon and Judge April Perry in Chicago. Both district judges sharply challenged Trump’s plans to deploy national guard troops to deal with minimal violence that Trump had portrayed as akin to “war” zones, spurring the judges to impose temporary restraining orders.Immergut, whom Trump nominated for the court in his first term, rejected Trump’s depiction of Portland as “war-ravaged”, and in need of saving from “Antifa and other domestic terrorists” concluding that the “president’s determination was simply untethered to the facts”. But a court of appeals ruled on 20 October that Trump could send national guard troops to the city.Elsewhere, district judge William Young in Boston issued a scathing 161-page ruling last month calling some of Trump’s deportation policies illegal efforts to deport non-citizen activists at colleges in violation of their first amendment rights “under the cover of an unconstitutionally broad definition of antisemitism”. Young was nominated by Ronald Reagan.Some former appeals court judges say that the district courts and courts of appeals are responding appropriately to a pattern of unlawful conduct by Trump and his top deputies.“The president and attorney general are openly contemptuous of the constitution and laws of the United States and of the federal courts, and the arguments they make to the courts mirror that personal contempt,” said retired court of appeals judge J Michael Luttig. “The federal district courts and the courts of appeals well understand that and they are going to have none of it.”View image in fullscreenRecent court rulings reveal a pattern of strong judicial rebukes to the Trump administration from district and appeals courts on multiple issues since Trump took office again, which the legal news and analysis site Just Security has documented.A Just Security study, which was spearheaded by New York University law professor Ryan Goodman, revealed that courts’ distrust of government information and representations hit over 40 cases as of 15 October versus 35 cases in mid-September. Similarly, it noted that courts’ findings of “arbitrary and capricious” administrative action totaled 58 cases on 15 October versus 52 in mid-September. The study showed courts’ concerns over noncompliance with judicial orders totaled over 20 cases as of 15 October up from 15 cases a month before.But despite the growing number of strong lower court rulings against the administration, some may well get reversed by the supreme court given its 6-3 conservative majority, and its rulings that have markedly expanded presidential powers.Nonetheless, legal scholars and ex-federal judges stress that recent district court rulings against Trump’s radical policies are grounded in fact and reveal profound scepticism about a number of the administration’s sweeping legal claims.“US district judges have the responsibility to determine the relevant facts before applying the law. Accordingly, the credibility of a party and its counsel are immensely important,” said former federal judge John Jones, who is now president of Dickinson College.“Simply put, the president’s reputation for hyperbole that lapses into outright lies precedes him in these cases, and judges are increasingly refusing to take the administration’s rationale for its actions at face value.”For example, Perry called the Department of Homeland Security’s depiction of events in Chicago “simply unreliable” with a “lack of credibility”. She noted that state and local law enforcement contradicted the case for deploying the national guard and Trump’s assertion that it was a “war zone”, and warned that using the guard could fuel “civil unrest”.Days later, the seventh circuit court of appeals upheld Perry’s ruling that denied a White House request to deploy national guard troops on Chicago streets in response to a lawsuit brought by the city of Chicago and Illinois.But on Friday the Trump administration asked the supreme court to pause those rulings and permit Trump to deploy troops in Illinois, boosting efforts to send the national guard into the Chicago area.Elsewhere, on Monday a three-judge appeals court panel ruled 2-1 that the Trump administration can send the national guard to Portland, lifting Immergut’s ruling and allowing some 200 federalized guard troops to be sent to the city to protect federal buildings.Responding to the ruling, Oregon’s attorney general said if the decision is allowed to stand Trump would have “unilateral power to put Oregon soldiers on our streets with almost no justification”.More broadly, scholars and other experts voice strong criticism of the administration’s legal claims.“Trump is abusing the laws that authorize domestic military deployment in a crisis, and the courts are starting to push back,” said Liza Goitein, the Brennan Center’s senior director of liberty and national security.“In the United States, federal armed forces cannot be used to execute the law except when civilian authorities have been completely overwhelmed. As judges in Oregon and Illinois have recognized, the facts on the ground simply don’t justify deployment of the military.“A court could reach the opposite conclusion only by extending a dangerous level of deference to the president, effectively giving him free rein to use the military as a domestic police force. That would be contrary to American principles and traditions, and it would pose a grave threat to democracy and individual liberty.”Not surprisingly, some recent rulings by district judges have outraged Maga world and top Trump officials, who have decried them in incendiary terms. The White House deputy chief of staff, Stephen Miller, called Immergut’s ruling “legal insurrection”, which some analysts worry could incite violence.Trump, too, fired back at Immergut’s ruling. “I wasn’t served well by the people who pick judges,” Trump told reporters soon after the ruling, seemingly forgetting he had nominated her, and then misidentifying her sex. “Portland is burning to the ground … That judge ought to be ashamed of himself.”Trump’s attacks on Immergut and earlier dust-ups with judges who ruled against the administration were advanced this month by El Salvador’s authoritarian leader Nayib Bukele, who urged the Trump administration to emulate his policies and impeach “corrupt judges”.“If you don’t impeach the corrupt judges, you CANNOT fix the country,” Bukele tweeted, sparking multi-billionaire and Maga ally Elon Musk to retweet it as “essential”.But legal experts say the ruling by Immergut and other district judges who have pushed back hard against administration policies are fully warranted and reasonable, given extreme moves by Trump on immigration, crime and other fronts they deem unjustified or illegal.“I think the strong district court response in these contexts is striking,” said Columbia law professor Gillian Metzger. “It’s occurring in other Trump contexts as well – for example, the administration’s efforts to deny appropriated funding or target law firms – but immigration enforcement and calling out the national guard are traditional executive areas where you’d expect the president to get deference.”Metzger said: “Judges are perceiving an administration that is asserting power in novel ways and at odds with basic norms and longstanding practices – eg, employing the national guard in a partisan fashion over the objections of state and local leaders, deploying Ice officers in aggressive ways, etc – and at times violating governing statutes.”Other legal scholars go further.“The problem is not rogue judges, but a rogue president. The problem is not what judges are doing but what the president is doing,” said former Massachusetts judge Nancy Gertner, who now teaches law at Harvard.Gertner pointed in particular to Young’s ruling in a deportation case involving efforts by the Department of State and the Department of Homeland Security to deport pro-Palestinian non-citizen students and professors who protested against Israel’s actions in Gaza.In his ruling, Young wrote that Trump’s conduct violated his oath to “preserve, protect and defend the constitution of the United States” and the actions of his administration represented a “full-throated assault on the first amendment”.Gertner noted that the “case involved sending people to countries without due process. We gave due process to people involved with the September 11 attacks. Sending people to countries where they had no relatives, NO TIES, was a flagrant violation of law.“What the Trump administration has been doing is so unprecedented and so far from normal and so illegal it makes sense that judges have issued injunctions stopping them.”Luttig stressed: “The judges of the United States will not be threatened and intimidated by this president and this attorney general. They will continue to honor their oaths to the constitution, which means the president and attorney general can expect loss after loss after loss, at least before the nation’s lower federal courts.” More

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      ‘We are on a dangerous path’: Oregon attorney general slams decision allowing Trump to send troops to Portland – live

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      The Oregon attorney general, Dan Rayfield, has issued a statement following the ruling from the ninth circuit court of appeals, which lifted the temporary restraining order blocking the deployment of the state’s national guard.He said that if the ruling is allowed to stand, it would give Donald Trump “unilateral power to put Oregon soldiers on our streets with almost no justification”.“We are on a dangerous path in America,” he added.The three-judge panel was split in their decision, with Clinton-appointee Susan Graber dissenting from her colleagues. Rayfield added:
      Oregon joins Judge Graber in urging the full Ninth Circuit to ‘act swiftly’ en banc ‘to vacate the majority’s order before the illegal deployment of troops under false pretenses can occur.’ And, like her, we ‘ask those who are watching this case unfold to retain faith in our judicial system for just a little while longer’.
      In a court-ordered disclosure filed on Monday, the US interior department revealed that it plans “to abolish 2,050 positions”, including sweeping cuts to the Bureau of Land Management, and smaller numbers at the Fish and Wildlife Service, US Geological Survey and other agencies. Among the positions slated for elimination are Bureau of Reclamation workers who provide maintenance for the Hoover Dam.The declaration, with a detailed appendix of positions to be cut from Rachel Borra, the interior department’s chief human capital officer, was submitted to comply with an order issued by the US district court for the northern district of California in a lawsuit brought by the American Federation of Government Employees (AFGE) and four other national unions that represent federal workers at risk of losing their jobs.The planned layoffs are paused for now by a temporary restraining order that US District court judge Susan Illston expanded during an emergency hearing on Friday.As our colleague Anna Betts reports, construction crews started demolishing part of the East Wing of the White House to make way for Donald Trump’s planned ballroom on Monday.The Washington Post on obtained and published a photo of the demolition activity, showing construction in progress and parts of the exterior ripped down.A Daily Mail reporter shared video of the demolition on social media.Read the full story here:Hakeem Jeffries, the leader of the House Democratic minority, just called on Republicans to negotiate an end to the government shutdown by citing Marjorie Taylor Greene, the Maga Republican from Georgia.“The Republican health care crisis, as Marjorie Taylor Greene has repeatedly indicated, is real,” Jeffries told reporters. “And it’s having devastating impacts that are becoming increasingly apparent to the American people. In Idaho, 100,000 Americans are at risk of losing their health care if the Affordable Care Act tax credits expire, because it will become unaffordable for them.”He went on to cite examples in other states where some people are “finding out that their health insurance premiums are about to increase by more than $2,000 per month.”A growing share of Americans believe religion is gaining influence and society – and view its expanding role positively, a new report by the PEW research center has found. It comes as the Trump administration has sought to fuse conservative Christian values and governance, especially in the wake of the assassination of Charlie Kirk. In just one year, the share of US adults who believe religion is gaining influence in American society has increased sharply. While still a minority view, 31% say religion is on the rise — up from just 18% a year earlier, in February 2024 – the highest figure recorded in 15 years.Meanwhile, the percentage who say religion is losing influence dropped from 80% to 68%.According to the PEW survey, these changing perceptions of religion suggest a broader shift in a country that was rapidly secularizing. Nearly 6 in 10 Americans (59%) now express a positive view of religion’s influence in public life, either because they see its rising power as a good thing, or view its decline as a bad thing. Only 20% express negative views, while the rest remain neutral or uncertain.Notably, the shift is not confined to one party or demographic. Both Republicans and Democrats, as well as nearly all major religious groups and age brackets, have become more likely to say religion is gaining ground — and more likely to feel their religious beliefs conflict with mainstream American culture. That sense of cultural conflict is now a majority view, with 58% of US adults reporting at least some tension between their beliefs and broader society.Finally, while views on religious truth vary, nearly half of Americans (48%) say many religions may be true — more than double the share (26%) who say only one religion is true.Pew’s findings suggest a significant cultural shift unfolding under an administration that has explicitly championed Christian conservatism as a governing ethos.It is perhaps significant that Susan Graber, the lone dissenting voice on the three-judge federal appeals court panel that just permitted Donald Trump to deploy federal troops to Portland, Oregon, in the only one of the three to be based in Portland.Graber, a former law school classmate of Bill and Hillary Clinton who was nominated to the federal bench by Clinton while serving on the Oregon supreme court, wrote a scathing dissent to the majority ruling, which lifts a lower-court order that had temporarily blocked Trump from sending in troops to what he falsely claims is a “war-ravaged” city.The other two judges on the panel, both nominated by Trump during his first term, are based in Arizona and Idaho.Graber said in an interview in 2012, that “it was kind of love at first sight with Portland” for her when she first moved to the city to work as a law clerk.In her dissent, she urged the full appeals court to reverse the decision by the panel, writing that there was “no legal or factual justification supported the order to federalize and deploy the Oregon National Guard”.She continued: “Given Portland protesters’ well-known penchant for wearing chicken suits, inflatable frog costumes, or nothing at all when expressing their disagreement with the methods employed by ICE, observers may be tempted to view the majority’s ruling, which accepts the government’s characterization of Portland as a war zone, as merely absurd. But today’s decision is not merely absurd. It erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions.”The judge added: “The majority’s order abdicates our judicial responsibility, permitting the President to invoke emergency authority in a situation far divorced from an enumerated emergency.”Graber concluded:“We have come to expect a dose of political theater in the political branches, drama designed to rally the base or to rile or intimidate political opponents. We also may expect there a measure of bending – sometimes breaking – the truth. By design of the Founders, the judicial branch stands apart. We rule on facts, not on supposition or conjecture, and certainly not on fabrication or propaganda. I urge my colleagues on this court to act swiftly to vacate the majority’s order before the illegal deployment of troops under false pretenses can occur. Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer.”The Oregon attorney general, Dan Rayfield, has issued a statement following the ruling from the ninth circuit court of appeals, which lifted the temporary restraining order blocking the deployment of the state’s national guard.He said that if the ruling is allowed to stand, it would give Donald Trump “unilateral power to put Oregon soldiers on our streets with almost no justification”.“We are on a dangerous path in America,” he added.The three-judge panel was split in their decision, with Clinton-appointee Susan Graber dissenting from her colleagues. Rayfield added:
      Oregon joins Judge Graber in urging the full Ninth Circuit to ‘act swiftly’ en banc ‘to vacate the majority’s order before the illegal deployment of troops under false pretenses can occur.’ And, like her, we ‘ask those who are watching this case unfold to retain faith in our judicial system for just a little while longer’.

      A three-judge panel on the ninth circuit court of appeals has ruled that the Trump administration can deploy the national guard to Portland, Oregon. They lifted a lower court judge’s decision that blocked the president from federalizing and sending roughly 200 troops to the city to guard federal buildings, as largely small and peaceful protests took place in recent weeks outside an immigration facility in the city.

      Donald Trump welcomed Australian prime minister, Anthony Albanese to the White House, signing a rare earth minerals deal as trade tensions with China escalate. The pair just signed a rare earths agreement which opens up Australia’s vast mineral resources. Albanese added that the deal was an “eight and a half billion dollar pipeline” to supply critical rare earths to the US. Meanwhile, Trump doubled down on his threat of imposing a 157% tariff on Chinese imports if both nations can’t reach a trade deal. This, after Beijing announced they were tightening exports of rare earth minerals. “We have a tremendous power, and that’s the power of tariff, and I think that China will come to the table and make a very fair deal,” the president added.

      Donald Trump said he didn’t think Ukraine would win back land that was captured by Russia during the war. “They could still win it,” Trump remarked during his meeting with Australian Prime Minster Anthony Albanese. “I don’t think they will. They could still win it. I never said they would win it. Anything can happen. You know, war is a very strange thing.” Trump’s seeming skepticism of a Ukrainian victory came several days after a meeting with Volodymyr Zelenskyy, during which he appeared more keen on negotiating a peace agreement than supplying the nation with Tomahawk cruise missiles.

      The president has said that Hamas is “going to behave” or will face severe repercussions. While taking questions from reporters today, Trump said that Hamas are “going to be nice, and if they’re not, we’re going to go and we’re going to eradicate them”. This comes after Israel launched waves of deadly airstrikes on Sunday and cut off all aid into Gaza “until further notice” after a reported attack by Hamas, in escalations that marked the most serious threat so far to the fragile ceasefire in the devastated territory.

      The government shutdown entered its 20th day, with little end in sight. The House remains out of session, as lawmakers on both sides of the aisle blame the other party for the impasse on Capitol Hill. Earlier, White House economic adviser said that shutdown would “likely” end this week after the No Kings protests took place across the country. The Senate will vote, for the 11th time, on a House-passed funding bill to reopen the government at 5:30pm ET.
      A three-judge panel on the ninth circuit court of appeals has ruled that the Trump administration can deploy the national guard to Portland, Oregon.They lifted a lower court judge’s decision that blocked the president from federalizing and sending roughly 200 troops to the city to guard federal buildings, as largely small and peaceful protests took place in recent weeks outside an immigration facility in the city.Per that last post, it’s worth putting that in the context of Greene’s decision to buck the Republican party line in recent months.My colleagues David Smith and George Chidi, have been reporting on the Georgia’s congresswoman’s “streak of independence” on issues ranging from healthcare to Gaza to the Jeffrey Epstein files. They report that Greene has broken ranks with Republicans and won unlikely fans among Democrats, stirring speculation about her motives – and future ambitions.David and George write that the lawmaker, who was once “one of Donald Trump’s most loyal foot soldiers” has stopped short of directly criticising the president himself and has so far avoided incurring his wrath. “But her willingness to dissent is all the more remarkable under a president who notoriously prizes loyalty and punishes critics,” they note.You can read more of their reporting below.Marjorie Taylor Greene, a representative of Georgia, on Monday morning criticized Mike Johnson’s strategy to keep the House shuttered for weeks, calling on the lower chamber to return to session immediately.“The House should be in session working,” Greene wrote on X. “We should be finishing appropriations. Our committees should be working. We should be passing bills that make President Trump’s executive orders permanent. I have no respect for the decision to refuse to work.”The callout from Greene, who is aligned with the right flank of her party, is a noticeable crack in support for Johnson’s hardline approach from the GOP over an extended congressional recess. Since 19 September, when members last cast votes, the chamber has not been conducting legislative business, although members have staged press conferences.According to Politico, House speaker Mike Johnson spoke with the president earlier, and will be at the White House at 4pm as Donald Trump welcomes the Louisiana State University (LSU) baseball champions.Also present will be the athletes from LSU Shreveport, the city where Johnson was born and raised. Part of his congressional district also includes the city.in BogotáColombia has recalled its ambassador to Washington amid a furious war of words between the Colombian president, Gustavo Petro, and Donald Trump over deadly US strikes on boats in the Caribbean.The row took a sharp turn this weekend when Petro accused the US of “murdering” a Colombian fisher in an attack on a vessel in its territorial waters. Petro and his administration said the mid-September strike was a “direct threat to national sovereignty” and that the victim was a “lifelong fisherman” and a “humble human being”.In response, Trump, who has claimed such attacks are designed to stop drug-smuggling to the US, called Petro an “illegal drug dealer” and vowed to end aid payments to Colombia, one of the largest recipients of US counter-narcotics assistance. He also ordered Petro to “close up” drug cultivation sites, saying if not “the United States will close them up for him, and it won’t be done nicely”. Speaking onboard Air Force One, Trump added that he would announce new tariffs on Colombian goods.Colombia’s interior minister, Armando Benedetti, said the remarks were a “threat of invasion or military action against Colombia”. Petro said that Colombia’s five-decade conflict stemmed from “cocaine consumption in the United States” and claimed American contributions had been “meagre and null in recent years”.Texas Republican congressman Chip Roy suggested using the “nuclear option” to end the shutdown that would avoid Senate filibuster requirements which mandate a 60-vote majority to reopen the US government, The Hill reports.“We need to be taking a look at the 60-vote threshold. We really do,” Roy said on Monday.Top Republican senators used this tactic to avoid needing Democrats’ support to confirm a host of Trump nominees in September. South Dakota Republican Senator John Thune, the Senate majority leader, said he would not do this to achieve a continuing resolution that would reopen the government, per the Hill.“At a minimum, why don’t we take a look at it for [continuing resolutions]?” Roy reportedly said. “Why don’t we just say, look, I mean, we have a 50-vote threshold for the budget, we have a 50-vote threshold for reconciliation, why shouldn’t we have a 50-vote threshold to be able to fund the government?”Republicans have supported this 60-vote benchmark when Democrats hold the majority. Thune has said that maintaining the filibuster is among his leading priorities, the Hill reported.“I think Republicans ought to take a long, hard look at the 60-vote threshold, because I think we’re just being beholden to a broken system right now,” Roy also said.Republican House Speaker Mike Johnson has expressed concern about eliminating this threshold.”I would be deeply concerned if the Democrats had a bare majority in the Senate right now, Marxist ideology taking over the Democrat party,” Johnson reportedly said earlier this month. “Do I want them to have no safegaurds and no stumbling blocks or hurdles at all in the way of turning us into a communist country? I don’t think that’s a great idea.”While the US Senate is poised to vote – for the 11th time – on a House-approved bill that would reopen the government this afternoon, Americans could face still more shutdown-related travel delays if funding efforts fail.US Transportation Secretary Sean Duffy said on Monday that travelers might see more disruptions because air traffic controllers are not getting paid during the shutdown.Air traffic controllers are deemed “excepted” staffers, meaning they still work during shutdowns, but receive back pay when the government reopens and funding resumes, CBS News explains.“They got a partial paycheck a week ago Tuesday. Their next paycheck comes a week from Tuesday, and in that paycheck there will be no dollars. They don’t get paid,” Duffy said in a Fox and Friends interview.“I think what you might see is more disruptions in travel as more of them look to say, how do I bridge the gap between the check that’s not coming and putting food on my table?” CBS noted him saying. “And we have heard they are taking Uber jobs. They are doing DoorDash, they are figuring out ways to keep their families afloat … And, again, a lot of them are paycheck to paycheck.”Donald Trump on Monday doubled down on his threat of imposing a 157% tariff on Chinese imports if both nations can’t reach a trade deal.“We have a tremendous power, and that’s the power of tariff, and I think that China will come to the table and make a very fair deal, because if they don’t, they’re going to be paying us 157% in tariffs,” Trump told reporters during his sit-down with Australian Prime Minster Anthony Albanese.Trump, who claimed that “China has treated us with great respect” not afforded to prior administrations, said that if a deal weren’t brokered, “I’m putting on an additional 100%” on 1 November.Trump and China’s president, Xi Jinping, are expected to meet in several weeks to discuss trade.Trump’s reiteration of this tariff threat comes just several days after he admitted that a 157% tax is unfeasible.“It’s not sustainable, but that’s what the number is,” Trump said in an interview with Fox Business’s Maria Bartiromo. “It’s probably not, you know, it could stand. But they forced me to do that.”Donald Trump said he didn’t think Ukraine would win back land that was captured by Russia during the war.“They could still win it,” Trump remarked during his meeting with Australian Prime Minster Anthony Albanese. “I don’t think they will. They could still win it. I never said they would win it. Anything can happen. You know, war is a very strange thing.”Trump’s seeming skepticism of a Ukrainian victory came several days after a meeting with Volodymyr Zelenskyy, during which he appeared more keen on negotiating a peace agreement than supplying the nation with Tomahawk cruise missiles.Trump told Ukraine and Russia to “stop the war immediately”.The comments mark yet another shift in Trump’s position on Ukraine’s chances in the years-long conflict. Trump said in September that he believed Ukraine could regain all territory seized by Russia.During Trump’s presidential campaign in 2024, and early this year, Trump said that Ukraine would have to give up territories seized by Russia to stop the war, The Associated Press notes.The president has said that Hamas is “going to behave” or will face severe repercussions.“They’re going to be nice, and if they’re not, we’re going to go and we’re going to eradicate them,” Trump added.This comes after Israel launched waves of deadly airstrikes on Sunday and cut off all aid into Gaza “until further notice” after a reported attack by Hamas, in escalations that marked the most serious threat so far to the fragile ceasefire in the devastated territory.“Hamas has been very violent, but they don’t have the backing of Iran any more. They don’t have the backing of really anybody any more. They have to be good, and if they’re not good, they’ll be eradicated,” Trump said in the Cabinet Room at the White House. More

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      Comey asks judge to dismiss criminal charges claiming selective prosecution

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      Former FBI director James Comey formally asked a federal judge to dismiss criminal charges against him, arguing he was the victim of a selective prosecution and that the US attorney who filed the charges was unlawfully appointed.“The record as it currently exists shows a clear causal link between President Trump’s animus and the prosecution of Mr Comey,” Comey’s lawyers wrote in their request to dismiss the case, calling a 20 September Truth Social post in which he disparaged Comey and called for his prosecution “smoking gun evidence”. “President Trump’s repeated public statements and action leave no doubt as to the government’s genuine animus toward Mr Comey.” Comey’s lawyers attached an exhibit to their filing on Monday, which contains dozens of public statements from Trump criticizing Comey.Comey was indicted on 25 September with one count of making a false statement and one count of obstructing a congressional proceeding. The charges are related to Comey’s 30 September 2020 testimony before Congress, and are connected to Comey’s assertion he had never authorized anyone at the FBI to leak information. The precise details of the offense have not been made public and Comey has pleaded not guilty and forcefully denied any wrongdoing.The charges were filed against Comey, though career prosecutors in the justice department determined charges were not warranted. Trump forced out Erik Siebert, the US attorney for the eastern district of Virginia, in September and installed Lindsey Halligan, a White House aide. The Comey charges were filed days later.“In the ordinary case, a prosecutor’s charging decision is presumptively lawful and rests within her broad discretion. This is no ordinary case,” Comey’s lawyers wrote. “Here, direct evidence establishes that the President harbors genuine animus toward Mr. Comey, including because of Mr. Comey’s protected speech, that he installed his personal attorney as a ‘stalking horse’ to carry out his bidding; and that she then prosecuted Mr. Comey—days before the statute of limitations expired, with a faulty indictment—to effectuate the President’s wishes.”Comey’s Monday filing says that the fact that career prosecutors did not believe there was enough evidence to bring a case bolsters his argument that he was selectively prosecuted. They also argue that the indictment mischaracterizes the question Comey was asked that prompted the answer prosecutors say was a lie and the basis of his criminal false statement.According to the indictment, Comey was asked by a US senator whether he “had not ‘authorized someone else at the FBI to be an anonymous source in news reports’ regarding an FBI investigation concerning PERSON 1”. (Comey’s lawyers wrote in their filing on Monday that Person 1 was Hillary Clinton.)The accusation relates to a question from Senator Ted Cruz of Texas. During the 2020 hearing, Cruz noted that in 2017 congressional testimony, Comey denied “ever authoriz[ing] someone else at the FBI to be an anonymous source in news reports about the Trump investigation or the Clinton Administration”. Cruz went on to note that Andrew McCabe, the former deputy director of the FBI, had said Comey authorized him to leak information to the Wall Street Journal.In response, Comey said he stood by his prior testimony. Comey’s lawyers argued on Monday the indictment was defective because Cruz’s question had been focused on McCabe, but the government informed them that the person Comey is alleged to have authorized to leak to the media is Daniel Richman, a friend of Comey’s and professor at Columbia University.“The indictment omits Senator Cruz’s words that explicitly narrow the focus of his questions to Mr. McCabe and misleadingly implies that the questioning related to Mr. Richman. In fact, Mr. Comey’s September 2020 exchange with Senator Cruz made no reference whatsoever to Mr. Richman, who ultimately appears in the indictment,” they wrote. They also note that Cruz asked about the “Clinton administration” and not “Hillary Clinton”.Career prosecutors interviewed Richman as part of their investigation into Comey and found him not helpful to making a case, according to the New York Times. John Durham, a special counsel appointed to investigate the FBI’s inquiry into Russian meddling, also told investigators he did not uncover evidence to support charges against Comey.Comey’s lawyers also argued on Monday that the case should be dismissed because Halligan was not lawfully appointed.“The United States cannot charge, maintain, and prosecute a case through an official who has no entitlement to exercise governmental authority,” they wrote.US attorneys must be confirmed by the Senate and can only serve for 120 days on an interim basis unless their appointment is extended by the judges overseeing their district. Siebert, Halligan’s predecessor, served for the 120-day limit and Halligan does not appear to have met other exceptions that would allow her to continue to serve.“The period does not start anew once the 120-day period expires or if a substitute interim U.S. Attorney is appointed before the 120-day period expires,” Comey’s attorneys wrote.Halligan has also overseen criminal fraud charges against New York’s attorney general, Letitia James, in connection to allegations she lied on mortgage documents. James has said she is not guilty. Legal experts have said that case does not appear to be strong. More

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      Donald Trump claims to be the president of peace, but at home he is fomenting civil war | Jonathan Freedland

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      Donald Trump had better hope the members of the Nobel committee are not paying attention to what’s happening inside the United States. If they did take a look, they’d notice a jarring pattern. While the US president likes to play the peacemaker abroad, at home he is Trump, bringer of war.It’s easy for the first fact to conceal, or divert our attention away from, the second. This week was a case in point. It began with Trump travelling to Israel, where he was hailed as a latter-day Cyrus, a mighty ruler whose name would be spoken of for millennia to come, the man who had brokered what he himself boasts is an “everlasting” peace.Never mind that Trump’s success, for which he certainly deserves some credit, was in pushing Hamas and Israel to agree a ceasefire and release of hostages and prisoners, a fragile arrangement that does not address, let alone solve, the underlying Israeli-Palestinian conflict. He presented it as a triumph of the ages and one more notch on his peacemaker’s bedpost, taking the tally of wars he claims to have ended to eight.Indeed, buoyed up by his success, he is having another go at the one he thought would be easy but which, to his irritation, has proved as complex as all the hated experts and deep state naysayers warned it would be: Russia’s war on Ukraine. On Thursday he announced his plan to meet yet again with Vladimir Putin, this time hosted by Viktor Orbán in Budapest (which has the happy side-benefit of trolling the EU).Unfazed by the failure of their last meeting in Alaska, and by his own failure ever to stand up to Putin, Trump clearly believes he has pacific momentum and that the healing magic his touch brought to Gaza will similarly unite Moscow and Kyiv.But what undermines this new, Nobel-ready look of Trump’s is not only the absurd braggadocio, or even the confusion of the style and optics of peacemaking for the substance and hard graft it requires. It is the fact that he is fomenting war at home on his own citizens. I am not speaking metaphorically. Increasingly, serious analysts not prone to hyperbole are warning that Trump seems bent on provoking a second American civil war. The evidence is piling up.The most obvious is Trump’s deployment of US troops on the streets of America’s cities. He claims that his original decisions to send in the National Guard to Los Angeles, Washington DC, Chicago, Portland and Memphis were motivated solely by concern over crime. In his telling, these places were “overrun” by violence and local police needed his help. But that doesn’t stack up.The data shows that most of the cities Trump has targeted have lower rates of violent crime than other large cities that have remained untouched. (Of the 10 major US cities with the biggest crime problems, Trump has hit only one: Memphis.) So why would Trump be sending in the troops?One explanation is that he lives in such a closed filter bubble, his sources of information so narrow, that he is not in possession of the actual facts. Earlier this month, he described Portland, Oregon as a “burning hellhole”, adding that “You see fires all over the place. You see fights, and I mean just violence. It’s just so crazy.” The people of Portland – cycling or taking their kids to the park, as normal – were bemused. It seemed Trump had been watching Fox News, confusing footage from the riots of 2020 with today.But none of this is a mistake. For what the likes of Chicago, LA and Portland have in common is not imagined rates of runaway crime but something that angers Trump much more: they are Democrat-run cities in Democrat-led states. (The giveaway is that Cleveland, Ohio and Kansas City, Missouri have higher rates of violent crime but are under Republican governors. So they have been left alone.)This is a political act by Trump, designed to intimidate potential strongholds of opposition. Some critics suspect the administration hopes to provoke violence from those whose cities now feel like occupied territory. Perhaps a riot or an attack on the military that can be instantly spun, as the assassination of Charlie Kirk was, as an act of leftist terrorism that merits a further crackdown, seizure of emergency powers or suspension of liberties.Others believe this is about normalising the presence of troops on the streets before next year’s midterm elections, a crucial contest that could see Republicans lose the House of Representatives, handing Democrats a serious check on Trump’s power. In this view, troops will be in place either to scare away minorities and others who might usually vote for the Democratic party, or for the battle after polling day, to enforce an attempt by the White House to void results that don’t go their way. Think of a re-run of 6 January 2021 – except this time with the armed forces on hand to ensure Trump’s will is done.The obvious objection to this scenario is that the US military would surely refuse to let itself be used as a partisan political instrument. But that is to miss what Trump and Pete Hegseth – now rebranded not as secretary of defence, but as secretary of war – are doing to the US military. Witness last month’s jawdropping meeting of hundreds of top US admirals and generals, gathered from across the globe. Trump could not have been clearer, instructing them that they now faced an “enemy from within”, that their job was to deal with “civil disturbances” and that they should regard America’s “dangerous cities as training grounds”. At one point, Hegseth said that any officer who disagreed with the new, Trumpian conception of the US military should “do the honorable thing and resign”.All of this comes in the context of a president who is nakedly using the justice system to punish his critics – note the indictment issued on Thursday against his former national security adviser John Bolton – whose chief adviser called the Democratic party a “domestic extremist organisation” even before the Kirk killing; that sends masked agents to snatch people, including US citizens, off the streets; that is using the government shutdown to eliminate “Democrat agencies”, meaning those pockets of the independent civil service that might act as a restraint on presidential whim, while cutting funds to institutions, from the universities to public broadcasting, that might do the same; and that is imposing ideological orthodoxy on the entire federal bureaucracy, with the FBI’s firing of an employee who had displayed the pride flag only the latest example.Trump likes talking the peace talk when it comes to Palestinians and Israelis or Russians and Ukrainians. But inside the US, where red meets blue, he does not see a contest between rivals but rather a conflict with an enemy he admits he hates – one that has to be fought by any means necessary, even to the very end.

      Jonathan Freedland is a Guardian columnist

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      in US Politics

      Judge dismisses suit by young climate activists against Trump’s pro-fossil fuel policies

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      A federal judge has dismissed a lawsuit filed by young climate activists that aimed to halt Donald Trump’s pro-fossil fuel executive orders.The dismissal by US district judge Dana Christensen on Wednesday came after 22 plaintiffs, ages seven to 25 and from five states, sought to block three of the president’s executive orders, including those declaring a “national energy emergency” and seeking to “unleash American energy” – as well as one aimed at “reinvigorating” the US’s production of coal.According to the plaintiffs, the executive orders amount to unlawful executive overreach and breach the state-created danger doctrine – a legal principle designed to prevent government officials from causing harm to their citizens.Among the plaintiffs were also several young individuals who had previously been part of the landmark 2023 Held v Montana case – the first constitutional climate trial in the United States. In that case, a judge ruled in favor of the youth plaintiffs who argued that the Montana state government had violated their constitutional right to a healthy environment.In Wednesday’s ruling, Christensen said that the plaintiffs have presented “overwhelming evidence that the climate is changing at a staggering pace, and that this change stems from the rise in atmospheric carbon dioxide, caused by the production and burning of fossil fuels”.However, Christensen went on to say: “Yet while this court is certainly troubled by the very real harms presented by climate change and the challenged [executive orders’] effect on carbon dioxide emissions, this concern does not automatically confer upon it the power to act.”He added: “Granting plaintiffs’ injunction would require the defendant agencies, and – ultimately – this court, to scrutinize every climate-related agency action taken since” the start of Trump’s second presidency on 20 January 2025.“In other words, this court would be required to monitor an untold number of federal agency actions to determine whether they contravene its injunction. This is, quite simply, an unworkable request for which plaintiffs provide no precedent,” Christensen continued.According to a new report from Public Citizen, a consumer advocacy and ethics non-profit, Trump has picked more than 40 people who were directly employed by coal, oil and gas companies to be part of his administration.skip past newsletter promotionafter newsletter promotionSince taking office, Trump has launched broad attacks on both sustainable energy alternatives and climate science. In August, his administration released a report that said “climate change is a challenge – not a catastrophe”, a claim that drew sharp criticism from climate experts who called the report a “farce” filled with misinformation. More

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      in Elections

      Jack Smith hits back at claims that Trump prosecutions were politically motivated

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      In a rare interview former justice department special counsel Jack Smith has hit back against accusations that the federal prosecutions of Donald Trump he oversaw were politically motivated, calling the claims “absolutely ludicrous”.Speaking with former federal prosecutor Andrew Weissmann at the UK’s University College London in an interview last week, Smith defended the integrity of the criminal investigations he led and his work as special counsel in the Biden administration.“The idea that politics played a role in who worked on that case, or who got chosen, is ludicrous,” Smith said in the interview which was posted online on Tuesday.Smith led two federal investigations that resulted in unprecedented indictments against a former president, when Trump was charged in 2023 – one case concerning his efforts to overturn the results of the 2020 presidential election and the other involving his handling of classified materials after leaving office and the obstruction of government efforts to retrieve them. Trump pleaded not guilty in both cases and denied any wrongdoing.Both cases were dismissed following Trump’s re-election in 2024, consistent with a justice department policy barring indictment of a sitting president, which Trump became again in January 2025.Smith, who resigned from the justice department in January, said in the interview that his special counsel team had acted independently and were not interested in politics.“Those people I brought in were all former longtime, former federal prosecutors who had worked in both Republican and Democratic administrations over and over again,” he said. “These are team players who don’t want to do anything but good in the world. They’re not interested in politics.“I get very concerned when I see how easy it is to demonize these people for political ends when these are the very sort of people I think we should be celebrating,” he added. “The idea that politics would play a role in big cases like this, it’s absolutely ludicrous and it’s totally contrary to my experience as a prosecutor.”When describing the actions of the current justice department under Trump, Smith said that “nothing like what we see now has ever gone on.”He pointed to the department’s dismissal of a federal corruption case against Eric Adams, New York City’s mayor.“This case in New York City, where the case against the mayor was dismissed in the hopes that he would support the president’s political agenda,” Smith said. “I mean, just so you know, nothing like it has ever happened that I’ve ever heard of.”He also criticized the recent indictment of former FBI Director James Comey, who has been charged with one count of making a false statement to Congress and one count of obstruction of a congressional proceeding, which he denies.“This latest prosecution of the former director of the FBI,” Smith said, “just reeks of lack of process.”“Process shouldn’t be a political issue,” Smith said. “If there’s rules in the department about how to bring a case, follow those rules, you can’t say, ‘I want this outcome, let me throw the rules out’.”Smith said that the firings and attacks on public servants, “particularly nonpartisan public servants” has a “cost for our country that is incalculable” adding that “it’s hard to communicate to folks how much that is going to cost us.”“If you think getting rid of the people who know most about national security is going to make our country safer, you do not know anything about national security,” he said. “And that’s happening throughout the department – it makes me concerned.”Smith also noted how some career prosecutors have left the justice department.“They’re being asked to do things that they think are wrong and because they are not political people, they’re not going to do them,” Smith said. “And I think that explains why you’ve seen the resignations you’ve seen.”The White House and Department of Justice did not immediately respond to a request for comment from the Guardian.In a statement to NBC, the White House said: “The Trump Administration will continue to deliver the truth to the American people while restoring integrity and accountability to our justice system.”Meanwhile, on Tuesday, House Republicans requested that Smith testify about what they described as his “partisan and politically motivated prosecutions” of Trump. More

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      in US Politics

      The mortgage fraud case against Letitia James is ‘bupkis’, experts say

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      A prosecutor installed by Donald Trump may have been able to secure an indictment against the New York attorney general, Letitia James, but actually obtaining a conviction may be an uphill battle, legal experts say.Even before a grand jury handed down the indictment on Thursday, there was already deep skepticism about possible charges. Career prosecutors in the US attorney’s office for the eastern district of Virginia had looked at accusations James committed mortgage fraud and concluded there was no probable cause to charge the case. Lindsey Halligan, Trump’s handpicked interim US attorney, nonetheless went ahead and presented the case to the grand jury. Her decision to do so reportedly caught top justice department officials off-guard.The indictment handed down on Thursday charges James with bank fraud and making a false statement when she secured a mortgage to buy a second home in Norfolk, Virginia, in 2020. As part of the purchase, James signed a rider that indicated she would use it as her second home and prohibited her from renting it out, according to the indictment. James proceeded to then rent out the home, prosecutors allege. By lying on the mortgage statement, prosecutors say, James secured a better mortgage rate and a seller credit that saved her about $18,933 over the life of the loan.“In this case, prosecutors will be required to show that at the moment James signed the mortgage paperwork, she was aware of the provision regarding a secondary home, that she intended to use it for some different purpose, and that she intended to obtain a financial benefit as a result of her deceit,” said Barbara McQuade, a former US attorney for the eastern district of Michigan. “That can be very difficult for a prosecutor to do because we cannot read other people’s minds. Anyone who has ever participated in a mortgage closing is familiar with the daunting pile of papers they put in front of you.”The second-home rider James signed does not prohibit renting the home outright, Adam Levitin, a law professor at Georgetown University, wrote in a blogpost. Instead, the rider prevents the owner from giving control over rental decisions to someone else. The agreement also only imposes the restriction starting one year after the agreement. The indictment made public on Thursday does not say when James rented the home or for how long.The rider also includes an exemption for “extenuating circumstances”, Levitin noted, pointing out that the mortgage was obtained in August 2020 during the Covid-19 pandemic.“I’m unaware of the federal government having previously charged anyone for fraud based on renting out a second home,” Levitin wrote in the post on Credit Slips. “It’s clear why the career prosecutors in the Eastern District of Virginia refused to bring a case: James doesn’t appear to have made any misrepresentation in her mortgage because the mortgage does not directly prohibit rentals.”James has forcefully denied the charges. Last month, Trump publicly admonished the US attorney general, Pam Bondi, to indict her, along with the former FBI director James Comey and California senator Adam Schiff.“These charges are baseless, and the president’s own public statements make clear that his only goal is political retribution at any cost. The president’s actions are a grave violation of our Constitutional order and have drawn sharp criticism from members of both parties,” James said in a statement on Thursday evening.Trump’s public statements, combined with the conclusion of career prosecutors about a lack of probable cause, make it likely James will bring a selective prosecution argument to try to get the case thrown out.“Normally, a claim [that] this is a vindictive prosecution does not work,” said John Coffee, a professor at Columbia Law School. But, he added: “You don’t usually have the president calling for these sort of things.”The charges against James come as William Pulte, the head of the Federal Housing Finance Agency, has deployed mortgage filings to attack Trump’s rivals. In April, Pulte, a staunch Trump ally, sent a criminal referral to the Department of Justice regarding two different real estate transactions involving James. Neither of the transactions in the referral were the ones actually charged this week.Pulte has also accused Schiff of mortgage fraud as he has the Federal Reserve governor Lisa Cook, whom Trump is trying to remove from the central bank. In Cook’s case, Pulte has made an allegation similar to the one against James, alleging she rented out a property she indicated was her second home on mortgage documents.skip past newsletter promotionafter newsletter promotionAlso unusual in James’s case is the amount of money she is said to have benefited from because of the fraud. Typically, investigators in the inspector general’s office at the Federal Housing Finance Agency, which handles mortgage fraud investigations, pursue cases where there are substantial losses to Fannie Mae or Freddie Mac, government-sponsored enterprises that support the housing market by guaranteeing mortgages.Even the most junior prosecutor in a US attorney’s office would turn down a case with a loss amount that low, said Jacqueline Kelly, a former federal prosecutor in New York who is now a partner at Boies Schiller Flexner.“It would never be signed off on by a supervisor with a loss amount that low,” she said. The low loss amount could also bolster James’s claims of selective prosecution. “When she has to prove that someone similarly situated would not have been prosecuted, she is on really strong ground there because if you look at other cases charged under these same statutes, you’re not going to find one similar to this at all.”While the length of James’s loan is not clear, if it was a standard 30-year mortgage she would have defrauded the government out of about $633 each year.“That’s bupkis,” said one former federal prosecutor who spoke on condition of anonymity to avoid professional repercussions. “Are you really going to believe when you get up there that the attorney general of New York would commit this willfulness over $600 a year?“It’s a race as to whether this is weaker than the Comey case or stronger because they’re the two weakest cases I’ve ever seen in my life.” More

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      Stephen Miller is the most dangerous man in the Trump administration | Judith Levine

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      In an interview on Monday, CNN’s Boris Sanchez asked Stephen Miller, the White House deputy chief of staff, whether Donald Trump intended to abide by federal judge Karin Immergut’s order blocking the deployment of the national guard in Oregon.Miller said neither yes nor no. But the implication was no. The administration had already filed an appeal with the ninth circuit. He said: “I would note the administration won an identical case in the ninth circuit just a few months ago with respect to the federalizing of the California national guard.” Actually, it didn’t quite win. As I understand it (and lawyers, please correct me) the administration won a temporary stay on a temporary injunction against federalizing the California national guard in Los Angeles.Then Miller continued: “Under Title 10 of the US Code, the president has plenary authority, has–”There he abruptly stopped. The man whose entire head looks as if it’s covered by a stocking mask seemed to betray a feeling. Maybe regret, maybe embarrassment. Maybe: Oh shit, I just gave away the game.Miller blinked several times. Sanchez called his name and asked if he could hear him. Miller did not respond. Then Sanchez apologized for technical difficulties and cut to a commercial break. When the interview came back on the air, the words plenary authority were not uttered. The clip CNN posted to the internet deleted that bit of the conversation, but it was widely posted and viewed anyway.Plenary authority, or plenary power, means absolute, unlimited, and unchecked power. The power of a king. The power of Caesar, of Hitler, of Stalin.Title 10 of the US Code, which covers the structure and laws of the military, refers little to the president, and most of that is about appointing secretaries and submitting a budget to Congress. There’s nothing in the code that remotely suggests absolute presidential power.The constitution gives the president only one unchecked power: the power of the pardon. Even the Insurrection Act, under which a president can impose martial law and overstep other laws and judicial orders, is restricted by the Posse Comitatus Act, which prohibits the use of the military for domestic law enforcement. Or so some commentators, sunnier than I, have reassured.In short, the executive branch is supposed to be checked and balanced by the other two branches of government. That the other two branches of government don’t feel like checking or balancing at the moment does not give the president absolute power.The meticulously lawyerly way in which Miller lied about the US Code is complemented by the vague, all-encompassing apocalyptic rhetoric with which he is preparing Maga for war against the domestic enemy.“We are the storm,” he thundered at Charlie Kirk’s funeral, in a speech some listeners have compared to one the Nazi propaganda minister Joseph Goebbels gave at a 1932 campaign rally. “Our enemies cannot comprehend our strength, our determination, our resolve, our passion. Our lineage and our legacy hails back to Athens, to Rome, to Philadelphia, to Monticello. Our ancestors built the cities. They produced the art and architecture. They built the industry,” he continued. “We stand for what is good, what is virtuous, and what is noble.”And who are “our enemies”? They are both mighty – “the forces of darkness and evil” – and puny. Turning his address to “you”, the enemy, he went on: “You are nothing. You have nothing. You are wickedness, you are jealousy, you are envy, you are hatred. You are nothing! You can build nothing, you can produce nothing. You can create nothing.“You have no idea the dragon you have awakened. You have no idea how determined we will be to save this civilization. To save the west, to save this republic.”Miller referred to the future generations of “our children” and to the nothingness to which “you” will eventually come. Or rather, be delivered.As Trump grows increasingly incoherent and emotionally labile, Miller grows more and more influential. He is the president’s brain, his discipline. Where Trump has no guiding principles, Miller is a resolute ideologue of white, western supremacy and a tactician of final solutions. Trump is easily lampooned, but Miller is the grimmest of reapers.Timothy Snyder, the historian and author of the influential book On Tyranny, posted a video on his Substack, comparing Miller to Stalin. One thing he said is that Stalin gained power as Lenin’s health failed. Lenin’s leadership ran from 1917 to 1924, but he was incapacitated by strokes beginning in 1922. Stalin’s murderous reign lasted until 1953.In Stephen Miller, we see that Maga will not simply end with Trump. We must keep our eyes on him, contest everything he does and says. Because – while this may be hard to fathom – if the US ends up with Miller as its dictator, we are in even deeper trouble than we are with Trump, and it could last a lot longer.

      Judith Levine is a Brooklyn-based journalist, essayist and author of five books. Her Substack is Today in Fascism More