Federal, even state judges have increasingly been slapping Trump’s lawyers including those from the DOJ down. In fact, so much so they are in (too) polite judicial terms telling Team Trump ‘I don’t believe you. You’re promises are worthless – unless you put them in writing AND in a sworn court filing.’ That will give even legal Trump goons pause because making a formal filing in court that gets ignored opens them to sanctions. Things like contempt of court or referrals to state Bar Associations are beyond the reach of Trump’s pardon powers.
If you think back to the 2020 election and all those sixty court cases lost (he got one win which was overturned after review) even crazies like Rudy G. and Sydney Powell were careful not to sling the same bullshit they spouted on the courthouse steps in front of judge once court was in session. In effect, they knew better than to formally swear to admissible evidence they claimed outside of court they had. Not in actual formal legal proceedings. Also, then AG ‘Bilirubin’ Barr wasn’t about to send DOJ lawyers into court with Trump’s bullshit allegations.
So there’s that but it’s a new administration and a new DOJ that work not for the people but for Trump Hell, there’s a HUGE banner of his ugly mug hanging over the entrance. Former AG Bondi and now her deputy who is Acting AG however will claim all manner of things in court. Make promises Trump and the DOJ have no intention of keeping and as this article from from Alternet tells us judges have had enough:
The DOJ is now refusing the request of a federal judge to submit a sworn declaration that it’s backing off from President Donald Trump’s controversial anti-weaponization fund. But legal observers say the White House had best get used to judges requiring signatures and receipts over the word of somebody like Trump.
Good for the judge, and others who’ve grown skeptical of verbal offerings in court. Anything Trump and his people only say, even in court simply can’t be trusted. You know it. I know it. And finally all judges are accepting that Trump and his people won’t just obfuscate and mislead courts, but that they will flat-out LIE. The way to hold them to account is to make them put ANY promises to the court that Trump/they will behave is to make them swear to it in writing. Which as I said gives a judge means to hold them to account with meaningful sanctions when they tell the court one thing then turn around and do something else.
In the case that prompted the linked article U.S. District Judge Leonie M. Brinkema ordered a formal statement in an already unusual case that the administration’s promises that the Trump Slush Fund (as most of us calls) to give money to Jan. 6 rioters/felons and other miscreants was dead. All the way dead. And that no effort would be made to revive the whole thing. Blanche and the DOJ blew past the deadline insisting Blanche’s word (non sworn) to Congress and Trump social media posts “proved” the fund was dead. According to MS NOW legal analyst Lisa Rubin Blanche and the DOJ are (on behalf of Trump) to “essentially trust all of the representations that they’ve made so far.” As we know the judge isn’t buying what they are selling. For some reason the judge just doesn’t trust Blanche and Trump. Gee, I wonder why… Team Trump is saying they’ve made ‘all these representations and the judge is flat-out saying “Not good enough.”
However, Rubin added that “this administration is replete with examples of judges asking the administration to put in writing effectively that they have complied with directives from the courts.” But if the administration puts in a sworn declaration that they are not going to pursue the fund and take steps to compensate these people, she said it would expose the administration to judicially imposed penalties, including potential criminal contempt.
Legal reporter David Rhodes says it’s an indication Trump does in fact intend to revive his slush fund despite what Blanche/the DOJ claimed in court. The article goes on to wryly point out the problem is that judges have caught on to the fact Trump and his lawyers LIE. A lot. More importantly as I said at the beginning they are not only fed up but are increasingly willing to put in the work to hold Team Trump’s feet to the fire. AND be able to dish out consequences:
“This is a reflection of what this judge is doing in Florida, reflects what judges have recently done in Chicago and Rhode Island and Washington, D.C. here,” said Rohde. “They have caught DOJ officials withholding information or making demonstrably false statements to federal judges. That hasn’t happened in the federal courts for years. It was sort of an accepted thing that just the justice department would not want to lie to judges just because it would slow down so many of their cases. But the second trump administration has done this repeatedly.”
“That’s why you have this judge pushing back so aggressively saying, ‘no, it’s not sworn testimony from Todd Blanche’. … And that’s why they need sworn statements,” Rohde added. “It’s an amazing moment to have judges so openly being distrustful of a justice department.”
It’s long past due but I say better late than never. Look for more and more cases where judges basically tell Trump/DOJ lawyers “I don’t believe what you say. If you mean it and want to to count in my courtroom put it in a sworn filing and sign your name to it.” It’s too much to hope that judges will have a ready made, printed sign to hold up when some lawyer for Trump makes promises that says “PUT IT IN WRITING” but we can hope. Maybe one about to retire and has zero f**ks to give about continuing on in Emeritus status will do it!
Friends, I know everyone begs you for money. I promise, among all those asking for spare change, we are the smallest and the hardest working. We’re a group of old, disabled people, except for one writer in his mid-50s. The rest of us are in our sixties and seventies, and this is a labor of love. All we’re asking for is the chance to keep telling the truth about Trump and help ensure democracy survives. If you can help, please do. Thank you. Ursula
