Dear John,
As Congress enables, law firms capitulate, and corporations cower, it will be up to the courts to preserve the rule of law and our Constitutional democracy. More than 200 lawsuits have been filed against the new administration, alleging that many of the Executive Orders and related agency actions are illegal and unconstitutional. And many courts agree.
So what does an administration do when responding to claims that it is lawless? Apparently, this one tries to intimidate the courts and the judges.
The President has cast doubt on the ability of the courts to prevent the implementation of his administration orders. He also called for the impeachment of the judge who halted the deportation of immigrants without due process, calling him a “Radical Left Lunatic of a Judge.”
The Vice President has suggested that judges are not authorized to control the power of the executive. The Deputy Chief of Staff criticized decisions of “radical rogue judges.” And the unelected co-President, Elon Musk, regularly lashes out at members of the judiciary.
The result is as dangerous as it is predictable. The Guardian has reported that the US Marshals are warning of “unusually high threat levels” against federal judges as the administration increasingly discredits court decisions and vilifies individual judges.
And now the administration has moved beyond words in its intimidation tactics. Last month, Milwaukee County Circuit Court Judge Hannah Dugan was arrested in front of her own courthouse and criminally charged for actions she took in her official capacity while on the bench.
After this arrest, the Attorney General of the United States actually said this: “What has happened to our judiciary is beyond me ... they’re deranged ... we are sending a very strong message today ... we will come after you and we will prosecute you. …We will find you."
Government officials have made it clear that they serve the President, not the public. The Constitution and the legal protections on which we have long depended are fraying more each day.
We must all do what we can to preserve our freedoms. Every voice matters. Every action helps. Do not stay silent in the face of these relentless attacks on the norms and principles of our democratic system of government. Step up in your community to defend the justice system from these attacks.
LDAD continues to speak out in every way that we can. In a new article in Verdict, LDAD board member Professor Gary Simson raises a unique constitutional challenge to the recent Executive Orders against law firms and provides a legal roadmap for the firms fighting those orders in court.
Professor Simson explains why the orders violate the Constitution’s categorical ban on bills of attainder – laws that single out persons or groups for punishment without trial and that punish them for activities typically not even unlawful at the time at which they acted. Please see: The President’s Orders Targeting Law Firms as Unconstitutional Bills of Attainder—Damning Lessons from the Past.
There is much work ahead for us all, and you will soon be hearing from us about some major projects. Please continue to follow and support LDAD.
Lawyers Defending American Democracy
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