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      Appeals court likely to keep Trump in control of national guard deployed in LA

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      A federal appeals court on Tuesday seemed ready to keep Donald Trump in control of California national guard troops after they were deployed following protests in Los Angeles over immigration raids.Last week, a district court ordered the US president to return control of the guard to Democratic governor Gavin Newsom, who had opposed their deployment. US district judge Charles Breyer said Trump had deployed the Guard illegally and exceeded his authority. But the administration quickly appealed and a three-judge appellate panel temporarily paused that order.Tuesday’s hearing was about whether the order could take effect while the case makes its way through the courts, including possibly the supreme court.It’s the first time a US president has activated a state national guard without the governor’s permission since 1965, and the outcome of the case could have sweeping implications for Trump’s power to send soldiers into other US cities. Trump announced on 7 June that he was deploying the guard to Los Angeles to protect federal property following a protest at a downtown detention center after federal immigration agents arrested dozens of immigrants without legal status across the city. Newsom said Trump was only inflaming the situation and that troops were not necessary.In a San Francisco courtroom, all three judges, two appointed by Trump in his first term and one by Joe Biden, suggested that presidents have wide latitude under the federal law at issue and that courts should be reluctant to step in.“If we were writing on a blank slate, I would tend to agree with you,” Judge Jennifer Sung, a Biden appointee, told California’s lawyer, Samuel Harbourt, before pointing to a 200-year-old supreme court decision that she said seemed to give presidents the broad discretion Harbourt was arguing against.Even so, the judges did not appear to embrace arguments made by a justice department lawyer that courts could not even review Trump’s decision.It wasn’t clear how quickly the panel would rule.Judge Mark Bennett, a Trump appointee, opened the hearing by asking whether the courts have a role in reviewing the president’s decision to call up the national guard. Brett Shumate, an attorney for the federal government, said they did not.“The statute says the president may call on federal service members and units of the Guard of any state in such numbers that he considers necessary,” Shumate said, adding that the statute “couldn’t be any more clear”.Shumate made several references to “mob violence” in describing ongoing protests in Los Angeles. But mayor Karen Bass lifted a curfew for downtown Los Angeles Tuesday, saying acts of vandalism and violence that prompted her curfew a week ago had subsided.“It is essential that this injunction be stayed, otherwise, lives and property will be at risk,” Shumate said.Harbourt argued that the federal government didn’t inform Newsom of the decision to deploy the guard. He said the Trump administration hasn’t shown that they considered “more modest measures to the extreme response of calling in the national guard and militarizing the situation”.Harbourt told the panel that not upholding Breyer’s ruling would “defy our constitutional traditions of preserving state sovereignty, of providing judicial review for the legality of executive action, of safeguarding our cherished rights to political protest”.Breyer’s order applied only to the national guard troops and not the marines, who were also deployed to LA but were not yet on the streets when he ruled.skip past newsletter promotionafter newsletter promotionNewsom’s lawsuit accused Trump of inflaming tensions, breaching state sovereignty and wasting resources just when guard members need to be preparing for wildfire season. He also called the federal takeover of the state’s national guard “illegal and immoral”.Newsom said in advance of the hearing that he was confident in the rule of law.“I’m confident that common sense will prevail here: the US military belongs on the battlefield, not on American streets,” Newsom said in a statement.Breyer ruled the Trump violated the use of title 10, which allows the president to call the national guard into federal service when the country “is invaded”, when “there is a rebellion or danger of a rebellion against the authority of the Government,” or when the president is unable “to execute the laws of the United States”.Breyer, an appointee of former president Bill Clinton, said the definition of a rebellion was not met.“The protests in Los Angeles fall far short of ‘rebellion,’” he wrote. “Individuals’ right to protest the government is one of the fundamental rights protected by the First Amendment, and just because some stray bad actors go too far does not wipe out that right for everyone.”The national guard hasn’t been activated without a governor’s permission since 1965, when President Lyndon B Johnson sent troops to protect a civil rights march in Alabama, according to the Brennan Center for Justice. 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      ‘I have never seen such open corruption’: Trump’s crypto deals and loosening of rules shock observers

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      Cryptocurrency multibillionaire Justin Sun could barely contain his glee.Last month, Sun publicly flaunted a $100,000 Donald Trump-branded watch that he was awarded at a private dinner at Trump’s Virginia golf club. Sun had earned the recognition for buying $20m of the crypto memecoin $Trump, ranking him first among 220 purchasers of the token who received dinner invitations.Trump’s much-hyped 22 May dinner and a White House tour the next day for 25 leading memecoin buyers were devised to spur sales of $Trump and wound up raking in about $148m, much of it courtesy of anonymous and foreign buyers, for Trump and his partners.Memecoins are crypto tokens that are often based on online jokes but have no inherent value. They often prove risky investments as their prices can fluctuate wildly. The $Trump memecoin was launched days before Trump’s presidential inauguration, spurring a surge of buyers and yielding tens of millions of dollars for Trump and some partners.Trump’s private events on 22 May to reward the top purchasers of $Trump have sparked strong criticism of the president from ethics watchdogs, ex-prosecutors and scholars for exploiting his office for personal gain in unprecedented ways. But they fit in a broader pattern of how Trump has exploited the power and lure of his office to enrich himself and some top allies via cryptocurrencies.“Self-enrichment is exactly what the founders feared most in a leader – that’s why they put two separate prohibitions on self-benefit into the constitution,” said former federal prosecutor Paul Rosenzweig. “Trump’s profiting from his presidential memecoin is a textbook example of what the framers wanted to avoid.”Scholars, too, offer a harsh analysis of Trump’s crypto dealings.“I have never seen such open corruption in any modern government anywhere,” said Steven Levitsky, a professor of government at Harvard University and an expert on authoritarian regimes who co-authored the book How Democracies Die.Such ethical and legal qualms don’t seem to have fazed Trump or Sun. The pair forged their ties well before the dinner as Sun invested $75m in another Trump crypto enterprise, World Liberty Financial (WLF), that Trump and his two older sons launched last fall and in which they boast a 60% stake.The Chinese-born Sun’s political and financial fortunes, as well as those of other crypto tycoons, have improved markedly since Trump took office and moved fast to loosen regulations of cryptocurrency ventures at the Securities and Exchange Commission (SEC), the justice department and other agencies to upend Joe Biden’s policies.As the SEC has eased regulations and paused or ended 12 cases involving cryptocurrency fraud, three Sun crypto companies that were charged with fraud by an SEC lawsuit in 2023 had their cases paused in February by the agency, which cited the “public interest” and reportedly has held settlement talks.Trump’s and Sun’s mutually beneficial crypto dealings symbolize how the US president has boosted his paper wealth by an estimated billions of dollars since he returned to office, and worked diligently to slash regulations fulfilling his pledges to make the US the “crypto capital of the planet” and end the “war on crypto”.After the 22 May dinner, Sun posted: “Thank you @POTUS for your unwavering support of our industry!”Although Trump’s crypto ventures are less than a year old, the State Democracy Defenders Fund watchdog group has estimated that as of mid-March they are worth about $2.9bn.In late March, Reuters revealed that WLF had raised more than $500m in recent months and that the Trump family receives about 75% of crypto token sales.Trump’s pursuit of crypto riches and deregulation represents a big shift from his comments to Fox News in 2021, when he said that bitcoin, a very popular crypto currency, “seems like a scam”.View image in fullscreenIn July 2019, Trump posted that “Unregulated Crypto Assets can facilitate unlawful behavior, including drug trade”, and noted that their value was “highly volatile and based on thin air”.Now, Trump’s new pro-crypto policies have benefited big campaign donors who lead crypto firms as well as Elon Musk, the world’s richest person, who spent almost $300m to help elect Trump, and who boasts sizable crypto investments in bitcoin through his electric car firm Tesla and his other ventures. Though Trump and Musk have since fallen out, the mogul’s crypto fortunes seem to have improved due to the president’s deregulatory agenda.Trump’s special envoy to the Middle East, Steve Witkoff, is a real estate billionaire who helped found WLF, in which he has a stake; Trump’s two oldest sons, Eric and Don Jr, and Witkoff’s son Zach have played key roles promoting WLF in the Middle East and other places.Trump’s use of his Oval Office perch to increase his wealth through his burgeoning crypto businesses while his administration rapidly eases regulations is unprecedented and smacks of corruption, say scholars, many congressional Democrats and some Republicans.“To me, Trump’s crypto dealings seem pretty explicit,” Julian Zelizer, a Princeton University professor who focuses on political history, told the Guardian. “Policy decisions are being made regarding parts of the financial industry that are being done not to benefit the nation, but his own financial interests … It’s hard to imagine what he’s doing benefits the nation.”Rosenzweig stressed that “not only do Trump’s extravagant crypto ventures benefit him personally as his administration slashes crypto regulations and takes pro-crypto steps at the SEC; they also benefit his tech bro backers who will take full advantage of the end of regulatory enforcement”.In Congress, leading Democrats, including Richard Blumenthal, a senator from Connecticut, and Jamie Raskin, a representative from Maryland, in May announced separate inquiries by key panels in which they are ranking members into Trump’s crypto dealings, and attacked Trump for using his office to enrich himself via his crypto operations.“With his pay-for-access dinner, Trump put presidential access and influence on the auction block,” Blumenthal told the Guardian. “The scope and scale of Trump’s corruption is staggering – I’ll continue to demand answers.”Last month, too, the Democratic senator Jeff Merkley, from Oregon, and the Senate minority leader, Chuck Schumer, introduced the “end crypto corruption” bill, which 22 other Democrats have endorsed.“Trump’s crypto schemes are the Mount Everest of corruption,” Merkley told the Guardian. “We must ban Trump-style crypto corruption so all elected federal officials – including the president, vice-president and members of Congress – cannot profit from shady crypto practices,” which his bill would curtail.Some former congressional Republicans are also incensed by Trump’s blatant use of his presidency to peddle $Trump. “Nobody should be allowed to use their public positions while in office to enrich themselves,” said ex-Republican congressman Charlie Dent of Pennsylvania, who once chaired the House ethics panel. “A member of Congress would not be permitted to engage in the kind of memecoin activities which the president has been doing.”Trump and his family have dismissed critics concerns about the 22 May events and his other crypto ventures.Before the 22 May dinner, Trump’s press secretary, Karoline Leavitt, told reporters that the president would attend his crypto gala in his “personal time” and it was not a White House event, but declined to release names of the many anonymous and foreign attendees.To allay criticism, the Trump Organization said in January that Trump’s business interests, including his assets and investments, would be placed in a trust his children would manage and that the president wouldn’t be involved in decision-making or daily operations. Trump’s family also hired a lawyer as an ethics adviser.But those commitments have been dwarfed by Trump’s public embrace of his crypto ventures and strong deregulatory agenda. In March, for instance, Trump hosted the first-ever “crypto summit” at the White House, which drew a couple dozen industry bigwigs who heard Trump promise to end Biden’s “war on crypto”.Trump’s crypto critics worry that the president’s strong push for less industry regulation may create big problems: the crypto industry has been battered by some major scandals including ones involving North Korean hackers and has been plagued by concerns about industry’s lack of transparency and risks.For instance, a report last December by leading research firm Chainalysis found that North Korean hackers had stolen $1.34bn of cryptocurrency in 2024, a record total and double what they stole the year before.The report concluded that US and foreign analysts believe the stolen funds were diverted in North Korea to “finance its weapons of mass destruction and ballistic missile programs”.Other crypto fraud schemes in the US have spurred loud alarms.In an annual report last September, the FBI revealed that fraud related to crypto businesses soared in 2023 with Americans suffering $5.6bn in losses, a 45% jump from the previous year.Sam Bankman-Fried, who founded the now bankrupt FTX crypto exchange, was sentenced to 25 years in prison in March 2024 by a New York judge for bilking customers out of $8bn.Nonetheless, a justice department memo in April announced it was closing a national cryptocurrency enforcement team that was established in 2022, which had brought major crypto cases against North Korean hackers and other crypto criminals.The memo stressed that the justice department was not a “digital assets regulator” and tried to tar the Biden administration for a “reckless strategy of regulation by prosecution”. The memo stated that a pro-crypto Trump executive order in January spurred the justice department’s policy shift.Ex-prosecutors and ethics watchdogs worry increasingly that crypto scandals and conflicts of interest will worsen as the Trump administration moves fast to ease crypto oversight at the justice department, the SEC and other agencies.Some of WLF’s high-profile crypto deals have involved overseas crypto firms which have had recent regulatory and legal problems in the US, fueling new concerns, watchdogs and ex-prosecutors say.View image in fullscreenOne lucrative deal raised eyebrows when WLF was tapped to play a central role in a $2bn investment by Abu Dhabi financial fund MGX that is backed by the United Arab Emirates in the world’s largest crypto exchange, Binance.As part of the deal, the Abu Dhabi fund bought $2bn of a WLF stablecoin, dubbed USD1, to invest in Binance. Stablecoins are a popular type of cryptocurrency that are often pegged to the dollar.The WLF deal comes after Binance in 2023 pleaded guilty to violating US money-laundering laws and other violations and the justice department fined it a whopping $4bn.Furthermore, Binance’s ex-CEO and founder, Changpeng Zhao, pleaded guilty in the US to violating the Bank Secrecy Act and failing to maintain an effective anti-money-laundering program.Zhao, who still owns 90% of Binance, served a four-month jail term last year.WLF’s $2bn deal was announced at an Abu Dhabi crypto conference on 1 May that drew Eric Trump two weeks before Trump’s visit to the UAE capital, sparking concerns of foreign influence and ethics issues.Increasing WLF’s ties further with Binance, the crypto exchange announced on 22 May that it had begun listing the stablecoin for trading purposes. Binance got some good news at the end of May, too, when the SEC announced the dismissal of a civil lawsuit it filed in 2023 against the exchange for misleading investors about surveillance controls and trading irregularities.Paul Pelletier, a former acting chief of the justice department’s fraud section, noted that SEC moves back in February “to emasculate its crypto enforcement efforts sent crypto fraudsters a welcome mat of impunity”.He added: “The recent dismissal of the SEC’s lawsuit against Binance for mishandling customer funds, days after it began listing the Trump family’s cryptocurrency on its exchange, seemed to be the natural consequence of such enforcement laxity. Victims be damned.”Other agency deregulatory moves that favor crypto interests can boost Trump’s own enterprises and his allies, but pose potential risks for ordinary investors, say legal scholars.Columbia law professor Richard Briffault noted that as part of the Trump administration’s wide-ranging and risky crypto deregulatory agenda which can benefit Trump’s own crypto ventures, the Department of Labor in late May nixed a Biden-era “extreme care” warning about 401K plans investing in crypto.“[The labor department] has rescinded the red light from the Biden years for 401K retirement plans, which is another sign of the Trump administration’s embrace of crypto,” Briffault said.Briffault, an expert on government ethics, has told the Guardian more broadly that Trump’s crypto ventures and his 22 May memecoin bash are “unprecedented”.“I don’t think there’s been anything like this in American history,” he said. “Trump is marketing access to himself as a way to profit his memecoin. People are paying to meet Trump and he’s the regulator-in-chief. It’s doubly corrupt.”In late May, in a new crypto business twist, the Trump Media and Technology Group, the parent of Truth Social, said it had sealed a deal to raise $2.5bn to be used to buy bitcoin, creating a reserve of the cryptocurrency.Meanwhile, Trump’s stablecoin fortunes and those of many industry allies could get boosts soon from a Senate stablecoin bill, dubbed the “genius act”, that’s poised to pass the Senate on Tuesday but which critics have said loosens regulatory controls in dangerous ways unless amended with consumer protections and other safeguards.Senators Merkley and Elizabeth Warren, of Massachusetts, led unsuccessful efforts to amend the bill to thwart potential criminal abuses, protect consumers and prevent Trump from using his office to profit his crypto businesses.“The ‘genius act’ fails to prevent sanctions evasion and other illicit activity and lets big tech giants like Elon Musk’s X issue their own private money – all without the guardrails needed to keep Americans safe from scams, junk fees or another financial crash,” Warren told the Guardian.“Donald Trump has turned the presidency into a crypto cash machine,” Warren said. The Genius act, Warren stressed, should have “prohibited the President AND his family from profiting from any stablecoin project.”More broadly, Kedric Payne, the general counsel and ethics director at the Campaign Legal Center, said: “President Trump’s financial stakes in the crypto industry at the same time that he is determining how the government will regulate the industry is unprecedented in modern history. This is precisely the type of conflict of interest that ethics laws and norms are designed to stop.” More

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      Eight US states seek to outlaw chemtrails – even though they aren’t real

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      Political leaders love an empty statement or proclamation, but when Louisiana’s state house of representatives moved against “chemtrails” last week, they were literally seeking to combat something that does not exist.It was an act of political symbolism that delved deep into the sort of anti-government conspiracy theories that have flourished under Donald Trump and are taking rooting in some US legislative chambers across the US.Known to less conspiratorially minded as aircraft contrails, or the white vaporous lines streaming out of an airplane’s engines at altitude, chemtrails are a longstanding conspiracy theory.Believers in chemtrails hold that the aircraft vapor trails that criss-cross skies across the globe every day are deliberately laden with toxins that are using commercial aircraft to spray them on people below, perhaps to enslave them to big pharma, or exert mind control, or sterilize people or even control the weather for nefarious motives.Despite the outlandishness of the belief and the complete absence of evidence, a 2016 study showed that the idea is held to be “completely true” by 10% of Americans and “somewhat true” by a further 20%-30% of Americans.At least eight states, including Florida and Tennessee, have now introduced chemtrail-coded legislation to prohibit “geo-engineering” or “weather modification”. Louisiana’s bill, which must pass through the senate before reaching Governor Jeff Landry’s desk, orders the department of environmental quality to record reported chemtrail sightings and pass complaints on to the Louisiana air national guard.While there are no penalties for violations, the bill calls for further investigation and documentation. Opponents fear it could be used to force airlines to re-route flights, challenge the location of airports and bring legal action against carriers.The US Environmental Protection Agency states that the plumes of aircraft exhaust vapor are a natural result of flight and pose no risk to weather patterns, while the National Oceanic and Atmospheric Administration (Noaa) has publicly denied undertaking or planning any weather modification experiments.But the theories abound, including that last year’s Hurricane Helene stalled over and devastated parts of western North Carolina as a result of government weather interference that was designed to force North Carolinians off their land and then exploit it for rare earth mineral mining. Federal emergency managers set up a webpage to dispel false information.But government weather programs have existed in the past.For two decades, from 1962 to 1983, Project Stormfury conducted experiments to release a silver iodide compound into “the belt of maximum winds” to reduce the strongest winds. And cloud-seeding occurs in western states to induce rain or snow fall.“It’s increasingly clear that humanity isn’t merely subjected to whatever weather a cloud portends – we also create and influence it through our everyday actions,” says Nevada’s Desert Research Institute. “Scientists now regularly harness their moisture and pull it to Earth, bringing water to parched communities and landscapes around the world.”Nor has the government always been entirely straightforward in its use of aerial-dispersed chemicals. The US military dropped 19m gallons of herbicide, including the cancer-linked Agent Orange, during the Korean and Vietnam wars, leading to potential long-term health problems related to exposure and spina bifida in children of veterans.Efforts to stop geo-engineering are gaining support in the administration where conspiracy-minded politicians now hold office or wield powerful influence.“We are going to stop this crime,” the health secretary, Robert F Kennedy Jr, posted on X in August. Georgia representative Marjorie Taylor Greene said in a post before Hurricane Milton struck in October: “Yes they can control the weather. It’s ridiculous for anyone to lie and say it can’t be done.” Even Donald Trump has spread the conspiracy theory that Joe Biden is dead and has been replaced by a robotic clone.A recently published book, The Ghosts of Iron Mountain, traces at least some responsibility for current conspiratorial thinking to 1960s radicals, including the 1967 anti-war satire Report from Iron Mountain by Leonard Lewin, written at the suggestion of future Nation editor Victor Navasky, which posed as a leaked government study about the necessity of continuous war for social stability.In The Ghosts of Iron Mountain, author Phil Tinline traces how a leftwing hoax was adopted by the right, absorbing much of the former’s anxieties about a military-industrial complex and elite control and repurposing it around “the deep state” with its attendant spin-offs in QAnon and militia thinking.This mischief-making, Tinline writes, acts as a “warning about the consequences that await if you don’t keep an eye on the line between your deep story and how power works, and what the facts support”.Timothy Tangherlini, a professor at the Berkeley School of Information who studies the circulation of folklore, says the chemtrails conspiracy theory has a potent history because, like all folktales, it begins with a kernel of history truth – programs like Agent Orange – and speaks to potent contemporary fears.“There are certain things that were sprayed by airplanes that did have a massive impact on the environment and on people’s health,” he says, pointing out that Vietnam veterans had fallen sick and the US was revealed as having exposed them to cancer-causing agents and then covering it up.“Fast-forward 50 years, there’s a deep suspicion of the government and things that fly,” he said.Fear of things in the sky was evident in the hysteria late last year in the panic over drones that appeared over New Jersey, close to a nuclear power station and a military arsenal, which prompted a federal investigation that has yet to release its findings.Tangherlini called the cross-fertilization of theories, whether around chemtrails, vaccination hesitancy or any number of other fringe beliefs that have made their way into the American mainstream via the internet and social media, “the wall of crazy”.“Jets flying though the air and contrails of condensed water should not in any way be linked to disease, viruses, mind control, but you look at some of the extractions we get from our mining social media, and if it wasn’t real you’d think your code wasn’t working or in hysterics.”But narratively, Tangherlini pointed out: “It’s a very interesting thing to do – you can create this totalizing threat everywhere you look. What is the strategy for dealing with it? Call the FAA. No, the FAA is in on it. What can we do to protect our health? Well, the doctors and big pharma are in on it. So there is a siege mentality.” More

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      From friends to foes: how Trump turned on the Federalist Society

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      The world’s attention last week was gripped by Donald Trump’s abrupt fallout with the tech tycoon Elon Musk. Yet at the same time, and with the help of a rather unflattering epithet, the president has also stoked a rift between his Maga royal court and the conservative legal movement whose judges and lawyers have been crucial in pulling the US judiciary to the right.The word was “sleazebag”, which Trump deployed as part of a lengthy broadside on Truth Social, his social media platform. The targets of his wrath were the Federalist Society, an influential conservative legal organization, and Leonard Leo, a lawyer associated with the group who has, in recent years, branched out to become one of the most powerful rightwing kingmakers in the US.In his post, Trump said that during his first term “it was suggested that I use The Federalist Society as a recommending source on Judges. I did so, openly and freely, but then realized that they were under the thumb of a real ‘sleazebag’ named Leonard Leo, a bad person who, in his own way, probably hates America, and obviously has his own separate ambitions. He openly brags how he controls Judges, and even Justices of the United States Supreme Court – I hope that is not so, and don’t believe it is!”Founded in 1982, the Federalist Society is an important player in the conservative movement. Many conservative lawyers, judges, law students and law clerks are members of the group, attend its events or run in its general orbit. Republican presidents use its recommendations to pick judges for vacant judicial seats.In the days following Trump’s Truth Social harangue, people in the conservative legal world, which is centered in Washington DC but spans law schools and judge’s chambers across the country, are wondering what this rift portends. Is this a classic Trump tantrum that will soon blow over? Or does it speak to a larger schism, with even the famously conservative Federalist Society not rightwing enough – or fanatically loyal enough – to satisfy Trump?“I don’t think this will blow over,” Stuart Gerson, a conservative attorney and a former acting US attorney general, said. “Because it’s not an event. It’s a condition … He thinks judges are his judges, and they’re there to support his policies, rather than the oath that they take [to the constitution].”In recent months, Trump has been stymied repeatedly by court rulings by federal judges. His rage has been particularly acute when the judges are ones whom he or other Republican presidents appointed. The Maga world has turned aggressively against Amy Coney Barrett, for example, after the supreme court justice voted contrary to the Trump line in several key cases.The immediate cause of Trump’s recent outburst was a ruling by the US court of international trade against his sweeping tariffs on foreign goods. In this case, his anger appears to have had less to do with the judges than with the fact that a group of conservative lawyers and academics, including one who co-chairs the board of the Federalist Society, had filed a brief in the case challenging his tariffs.Trump is probably also aware that the New Civil Liberties Alliance (NCLA), an anti-regulation, pro-free market legal group affiliated with Leo and the billionaire Charles Koch, has sued, separately, to stop the tariffs.John Vecchione, an attorney at the NCLA, noted that the Federalist Society is a broad tent, with conservative jurists of many different inclinations and factions, including free marketeers and libertarians who do not subscribe to Trump’s economic nationalism. Members often disagree with each other or find themselves on different sides of a case. This February, a federal prosecutor affiliated with the group, Danielle Sassoon, resigned after she said the Trump administration tried to pressure her to drop a case.The “real question”, Vecchione said, is what diehard Maga lawyers closest to Trump are telling him.“Are they trying to form a new organization? Or are they trying to do to the Federalist Society what they’ve done to the House Republican caucus, for instance … where nobody wants to go up against Trump on anything?” he said. “I think that some of the people around Trump believe that any right-coded organization has to do his bidding.”A newer legal organization, the Article III Project (A3P), appears to have captured Trump’s ear in his second term. The organization was founded by Mike Davis, a rabidly pro-Trump lawyer, and seems to be positioning itself as a Maga alternative to the Federalist Society. On its website, A3P claims to have “helped confirm” three supreme court justices, 55 federal circuit judges and 13 federal appellate judges.skip past newsletter promotionafter newsletter promotionDavis recently asserted in the Hill that the Federalist Society “abandoned” Trump during his various recent legal travails. “And not only did they abandon him – they had several [Federalist Society] leaders who participated in the lawfare and threw gas on the fire,” Davis said.Although Leo was a “a close ally” of Trump during his first term, the Wall Street Journal reported, Trump and Leo “haven’t spoken in five years”.Leo has responded to Trump’s outburst delicately. In a short statement, he said he was “very grateful for President Trump transforming the federal courts, and it was a privilege being involved”, adding that the reshaping of the federal bench would be “President Trump’s most important legacy”.Yet this Tuesday, a lengthy piece in the Wall Street Journal – pointedly titled “This Conservative Is Doing Just Fine, Thank You, After Getting Dumped by Trump” – argued that Leo is “unbounded by the pressures of re-election or dependence on outside money”, and is the “rare conservative, who, after being cast out of Trump’s inner circle, remains free to pursue his own vision of what will make America great again”. In 2021, a Chicago billionaire gave Leo a $1.6bn political donation, thought to be the largest such donation in US history. As a result, Leo has an almost unprecedented power in terms of dark-money influence.The article also noted that much of Leo’s focus has shifted to the entertainment industry, where he is funding big-budget television series and films that channel conservative values.Vecchione thinks that Trump’s tendency to surround himself with sycophants and loyalists will work against him.“If you have a lawyer who only tells you what makes you happy, and only does what you say to do, you don’t have a good lawyer,” Vecchione said. “That’s not a good way to get lawyers. Not a good way to get judges, either.” More

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      Stop bending the knee to Trump: it’s time for anticipatory noncompliance | David Kirp

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      During the first 100-plus days of his presidency, Donald Trump has done his damnedest to remake the US in his image. Fearing Hurricane Donald, a host of universities, law firms, newspapers, public schools and Fortune 500 companies have rushed to do his bidding, bowing before he even comes calling. Other institutions cower, in hopes that they will go unnoticed.But this behavior, which social scientists call “anticipatory compliance”, smoothes the way to autocracy because it gives the Trump regime unlimited power without his having to lift a finger. Halting autocracy in its tracks demands a counter-strategy – let’s call it anticipatory noncompliance.Examples of anticipatory compliance are legion.Goodbye, academic freedom: Trump means to impose his anti-intellectual ideology on higher education. He is using unproven allegations of antisemitism and claims of discriminatory diversity, equity and inclusion (DEI) programs as an excuse to punish top-ranked private universities – initially hapless Columbia, then other schools including Harvard, Princeton, Cornell and Northwestern – by withholding billions of dollars in federal grants. My own university, the University of California, Berkeley, anticipates that it will be added to this list when Trump turns his attention to nationally renowned public universities.“Be afraid” is the message for every university – threats to withhold funds from schools that use “woke” language have prompted some that aren’t even under the gun to censor themselves, excising words like “race”, “gender”, “class” and “equity” from course titles and curriculums.Anticipatory compliance also affects the actions of public schools. Worried that, because of their alleged “wokeness”, they will lose the federal dollars that deliver extra help to those who need it most, school systems have altered their curriculum to whitewash the historical record and restrict the literature available to students. Adieu, Toni Morrison and Rosa Parks.Goodbye, free press: Disney and Meta shelled out a combined $40m to settle baseless libel lawsuits brought by Trump, and Paramount is negotiating to make Trump’s spurious 60 Minutes lawsuit disappear.On the eve of the 2024 election, Jeff Bezos, Amazon’s founder and the owner of the Washington Post, pulled an editorial endorsing Kamala Harris, to stay in Trump’s good graces. So did the Los Angeles Times, whose owner is a billionaire businessman.Goodbye, legal representation: Nine leading law firms succumbed to blackmail to get rid of the president’s executive orders that punished a few firms for displeasing him. Collectively, they agreed to provide more than $1bn worth of pro bono legal work to causes of Trump’s choosing. Now they’re being asked to defend the coal industry and tariffs, which surely isn’t what they expected.What’s more, some top-drawer firms have stopped providing pro bono work on immigration lawsuits and other hot topic issues. Instead, they are putting their talent at Trump’s disposal, neutering themselves while the White House makes mincemeat of the rule of law.Hello, toadying: To curry favor and avoid ridicule in a Trump tweet, dozens of major companies, ranging from Amazon to Pepsi, are treating the president as if he were king, reducing or abandoning their DEI programs without being specifically threatened.Those who bend the knee rationalize their actions as simply a prudent survival strategy. But that’s delusory, for the historical record shows that anticipatory compliance paves the road to autocracy. Bullies like Trump always demand more from their supplicants – more money, more abandoning principles, more loyalty-oath behavior. Anticipatory compliance feeds the beast, showing authoritarians how much they can get away with.Here’s the good news – anticipatory noncompliance is on the rise. Challenges to Trump’s unconstitutional actions have emerged in higher and K-12 education, the legal profession and the corporate world. The citizenry is now making its voice heard.Spearheaded by Harvard’s defiant pose, a growing number of colleges and universities are pushing back against Trump’s outrageous demands. A recent statement from hundreds of college administrators declared that “we speak with one voice against the unprecedented government overreach and political interference now endangering American higher education”. Faculty senates in the Big 10 Academic Alliance crafted a “mutual defense compact”; behind the scenes, the presidents of about 10 elite private universities are deciding what red lines they won’t cross.skip past newsletter promotionafter newsletter promotionRather than meekly comply with Trump’s monarchical demand that public schools eliminate DEI initiatives or risk losing federal funds, 19 states have gone to court, contesting the administration’s contorted reading of civil rights law.The CEOs that scaled back their companies’ diversity programs misread the market and have suffered the consequences. Diversity is a popular goal that many investors and consumers take into account in their decisions. When Target rolled back DEI, the company had to confront a consumer boycott and a 17% stock drop. Meanwhile, corporations like Costco and Apple, which have stood firm, are on buyers’ and investors’ good guy list.Several law firms refused to cave in the face of Trump’s blackmail tactics, instead taking the administration to court. Not only is that the right thing to do; it could turn out to be the profitable course. The judges are unequivocally on their side. And when Microsoft dropped a firm that surrendered to Trump, signing on with a firm that’s taking the administration to court, it signaled that virtue may be financially rewarded.After months of quiescence, with the populace overwhelmed by the tsunami of outrages, popular opposition is emerging. On May Day, tens of thousands of demonstrators participated in nearly 1,000 anti-Trump demonstrations.Restoring democracy is no easy task, for it is infinitely easier to destroy than rebuild. It will take a years-long fight that deploys an arsenal of tactics, ranging from mass demonstrations and consumer boycotts to litigation and political organizing. It’s grueling work, but if autocracy is to be defeated there’s no option. “Not everything that is faced can be changed; but nothing can be changed until it is faced,” observed James Baldwin, in a 1962 New York Times article. A half-century later, that message still rings true.What’s giving me hope nowCourts have stood firm in their defense of the rule of law, pushing back against Trump’s power-grab executive orders. Americans are participating in mass demonstrations nationwide and voting for Democratic candidates in local elections. What’s more, Americans are voting with their wallets – spurred by a consumer boycott, the value of Tesla shares has plunged by close to $700bn from its peak a year ago.

      David Kirp is professor emeritus at the Goldman School of Public Policy, University of California, Berkeley More

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      Judge blocks Trump’s ban on Harvard’s foreign students from entering the US

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      A district judge in Boston has blocked the Trump administration’s ban on Harvard’s international students from entering the United States after the Ivy League university argued the move was illegal.Harvard had asked the judge, Allison Burrough, to block the ban, pending further litigation, arguing Trump had violated federal law by failing to back up his claims that the students posed a threat to national security.“The Proclamation denies thousands of Harvard’s students the right to come to this country to pursue their education and follow their dreams, and it denies Harvard the right to teach them. Without its international students, Harvard is not Harvard,” the school said in a filing to the judge.The filing also argued that the national security argument was flawed as the ban did not stop the same people from entering the country, it only barred them from entering to attend Harvard.Harvard amended its earlier lawsuit, which it had filed amid a broader dispute with the Republican president, to challenge the ban, which Trump issued on Wednesday in a proclamation.White House spokesperson Abigail Jackson earlier called Harvard “a hotbed of anti-American, antisemitic, pro-terrorist agitators”, claims that the school has previously denied.“Harvard’s behavior has jeopardized the integrity of the entire US student and exchange visitor visa system and risks compromising national security. Now it must face the consequences of its actions,” Jackson said in a statement.The suspension was intended to be initially for six months but can be extended. Trump’s proclamation also directs the state department to consider revoking academic or exchange visas of any current Harvard students who meet his proclamation’s criteria.The Trump administration has launched a multifront attack on the nation’s oldest and wealthiest university, freezing billions of dollars in grants and other funding and proposing to end its tax-exempt status, prompting a series of legal challenges.Harvard argues the administration is retaliating against it for refusing to accede to demands to control the school’s governance, curriculum and the ideology of its faculty and students.Trump’s directive came a week after Burroughs announced she would issue a broad injunction blocking the administration from revoking Harvard’s ability to enrol international students, who make up about a quarter of its student body.Harvard said in Thursday’s court filing that the proclamation was “a patent effort to do an end-run around this Court’s order”.The university sued after the homeland security secretary, Kristi Noem, announced on 22 May that her department was immediately revoking Harvard’s student and exchange visitor program certification, which allows it to enrol foreign students.Noem’s action was temporarily blocked almost immediately by Burroughs. On the eve of a hearing before her last week, the department changed course and said it would instead challenge Harvard’s certification through a lengthier administrative process.Wednesday’s two-page directive from Trump said Harvard had “demonstrated a history of concerning foreign ties and radicalism” and had “extensive entanglements with foreign adversaries”, including China.It said Harvard had seen a “drastic rise in crime in recent years while failing to discipline at least some categories of conduct violations on campus”, and had failed to provide sufficient information to the homeland security department about foreign students’ “known illegal or dangerous activities”.The school in Thursday’s court filing said those claims were unsubstantiated. More

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      Trump keeps being overruled by judges. And his temper tantrums won’t stop that | Steven Greenhouse

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      It’s hard to keep track of all the temper tantrums that Donald Trump has had because he’s so ticked off that one judge after another has ruled against his flood of illegal actions. In seeking to put their fingers in the dike to stop the US president’s lawlessness, federal judges have issued a startling high number of rulings, more than 185, to block or temporarily pause moves by the Trump administration.Livid about all this, White House press secretary, Karoline Leavitt, has railed against “judicial activism”, while Trump adviser Stephen Miller carps about a “judicial coup”. As for Trump, the grievance-is-me president has gone into full conniption-mode, moaning about anti-Trump rulings and denouncing “USA-hating judges”. On Truth Social, he said: “How is it possible for [judges] to have potentially done such damage to the United States of America? Is it purely a hatred of ‘TRUMP’? What other reason could it be?”Trump is acting like the 10-year-old bully who pummeled a dozen classmates in the schoolyard, but when his teacher called him out for his thuggishness, he burst into tears and screamed: “This is so unfair! Why are you picking on me?”A word of advice to Trump: you should realize that dozens of judges keep ruling against you because you have flouted the law more than any previous president and because you and your flunkies keep misinterpreting and stretching the nation’s laws far beyond their meaning.Take Trump’s Liberation Day tariffs, when he announced steep, across-the-board tariffs against 57 countries. On that day, Trump became the first president to use the International Emergency Economic Powers Act of 1977 to impose tariffs. To Trump’s dismay, three judges on the US court of international trade unanimously ruled that he had overstepped his authority and gone far beyond what that 1977 law allows presidents to do. The trade court wrote that the constitution gives Congress, not the president, power over tariff policy and that the 1977 law didn’t give Trump “unbounded” authority to impose tariffs.After that 28 May ruling, Trump’s latest tantrum began.Then, there’s his chest-thumping, cold-hearted rush to expel as many immigrants as possible. To accomplish that, Trump became the first president to invoke the 227-year-old Alien Enemies Act in peacetime. twisting that law’s language to declare that several dozen gang members from Venezuela constitute a war-like invasion force, similar to an enemy army, who could therefore be deported without due process. But several sane, sober judges told Trump that he is full of it. There’s no war-like invasion here.And then there’s Trump’s effort to stomp on several prestigious law firms that have done things or hired people he doesn’t like. Trump became the first president to essentially put a gun to various law firms’ heads to try to make them submit to him. He sought to undermine those firms’ business with astonishingly vengeful executive orders that not only said that their lawyers couldn’t enter federal buildings and would lose their security clearances, but that their corporate clients might lose their federal contracts. And then there was the unspoken threat that Trump would block corporate deals that those firms’ lawyers were working on. This is poisonous stuff, punishing law firms for doing what our legal system has long called on firms to do: represent clients, even unpopular ones (even ones Trump doesn’t like).Here, Trump was engaging in a shakedown, in effect saying: “That’s a nice law firm you have. It’s a shame if something happens to it. (So you’d be smart to submit to my demands.)” Again, several judges told Trump he’s full of it, that the law firms hadn’t done anything wrong to warrant such illegal shakedown efforts.There are cases galore in which judges found that Trump acted illegally. Judges have provisionally blocked his push to bar international students from attending Harvard and ordered the release of several immigrant graduate students his administration arrested. Judges have ruled against Trump’s dismantling of the Department of Education, his freezing up to $3tn in funding for the states and his firing thousands of federal civil servants.Hating to see judges rule against his boss, Stephen Miller absurdly asserted: “We are living under a judicial tyranny,” while Leavitt carped that judges have “usurp[ed] the authority of President Trump to stop him from carrying out the mandate that the American people gave him”. (What mandate? Trump didn’t even receive 50% of the vote, beating Kamala Harris by a mere 1.5 percentage points. Nor did Americans vote for Trump’s tariff chaos or his all-out war against universities.)What we’ve heard from Trump (and mouthpieces Leavitt and Miller) is dangerous stuff. Trump is essentially rejecting the idea of judicial review. Like many authoritarian rulers, he hates having judges weigh whether his actions have violated the law. Trump forgets that under the constitution, judges (not the president) are the umpires who rule whether the president or Congress is following or flouting the law. As Ty Cobb, a former lawyer for Trump, said: “Trump’s attack on the judges is an attempt to undo the separation of powers. It’s an attempt to take what is three coequal branches and make it one dominant branch.”Trump’s attacks against the judiciary are dangerous in another way – they have literally endangered judges’ safety. In the five months before 1 March, 80 judges received threats, but after Trump’s tirades against judges began to crescendo in February, the number of threats soared: more than 160 judges received threats in the six weeks after 1 March. On Memorial Day, Trump loosed another rant, calling judges who ruled against him “monsters who want our country to go to hell”.With these diatribes, Trump is seeking to delegitimize the judiciary and turn the public against judges, just as his unrelenting attacks against the news media have helped cause many people to lose faith in the media, no matter that many news organizations are as accurate and fair-minded as ever (and far more truthful than Trump).Trump’s war against the judiciary has taken another form – his administration has evaded, skirted and ignored numerous judicial orders – stonewalling a judge’s request for information in an immigration case, failing to comply with the US supreme court’s call to “facilitate” the return of a wrongly deported immigrant, dragging its feet in restoring funding that had been illegally frozen.After the trade court’s ruling, Leavitt griped that judges issued more “injunctions in one full month of office, in February, than Joe Biden had in three years”. Leavitt is blind to the obvious reason for this – Trump, in churning out more than 150 executive orders, a record number – has far too often violated the law and the constitution with abandon, while Biden was far more scrupulous in complying with the law.Trump and cronies should recognize that there’s a very simple way to get judges to stop overruling his actions. All Trump has to do is stop taking all these illegal, vindictive actions and stop issuing all these destructive, lawless executive orders. What’s more, considering that Trump once tweeted: “He who saves his Country does not violate any Law,” he needs to stop acting like a modern-day king or Napoleon who is above the law.

      Steven Greenhouse is a journalist and author, focusing on labour and the workplace, as well as economic and legal issues More

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      Trump pardons two divers convicted of theft for freeing sharks off Florida coast

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      Donald Trump has pardoned two south Florida shark divers convicted of theft for freeing 19 sharks and a giant grouper from a fisherman’s longline several miles from shore.Pardons for Tanner Mansell and John Moore Jr were signed on Wednesday. They had been convicted in 2022 of theft of property within special maritime jurisdiction.The two men avoided prison time, but they were ordered to pay $3,343.72 in restitution, and the felony convictions prevented them from voting in Florida, owning firearms and traveling freely outside the US.“We never stopped fighting, and justice has finally prevailed,” Moore’s attorney, Marc Seitles, said in a statement. “We are thrilled the White House considered our arguments and determined this was an unjust prosecution. We could not be happier for John and Tanner.”Moore, who was captain of a shark-diving charter boat, and Mansell, a crew member, spotted the longline about 3 miles (5km) off the Jupiter Inlet in August 2020, according to court records. Believing it was an illegal fishing line, the men freed the sharks and grouper, reported it to state wildlife officials and brought the line back to shore.Federal prosecutors later charged the men with theft. Officials said the line actually belonged to a fisherman licensed by the National Oceanic & Atmospheric Administration (Noaa) to catch sharks for research.Mansell and Moore were convicted by a jury, and their appeals were later denied. The full and unconditional pardons signed by the US president erase those convictions.“This case never should have been filed,” Mansell’s attorney, Ian Goldstein, said in a statement. “These gentlemen made an honest mistake and were trying to save sharks from what they believed to be an illegal longline fishing setup. I can’t think of two individuals more deserving of a Presidential Pardon.” More