Friday, March 28, 2025

Judges Fight Back

These stories were reported in this morning’s TCinLA substack.

As I reported yesterday, Judge Boasberg was appointed to the case of a lawsuit to preserve the messages in the Signal group chat planning a military strike against Houthis in Yemen. This is the same judge that ordered planes to turn around that were carrying Venezuelans being deported to a prison in El Salvador.

On hearing the news President Trump ranted on his social media platform:

“How disgraceful is it that ‘Judge’ James Boasberg has just been given a 4th “Trump Case,” something which is, statistically, IMPOSSIBLE. There is no way for a Republican, especially a TRUMP REPUBLICAN, to win before him. He is Highly Conflicted in his hatred of me – Massive Trump Derangement Syndrome! Boasberg, who is the Chief Judge of the D.C. District Court, seems to be grabbing the ‘Trump Cases’ all to himself, even though it is not supposed to happen that way. There must be an immediate investigation of this Rigged System, before it is too late!”

Boasberg was appointed to the D. C. superior Court by George W. Bush and promoted to the District Court by President Obama. He was the judge who released Hillarie Clinton’s emails and allowed Trump to avoid having to release his income tax returns. Apparently Trump has a short memory.

In Thursday’s hearing Judge Boasberg, in an apparent response to Trump’s tweet, publicly explained how the case had come to him. He had been assigned to this case, he patiently explained, in the normal process of random selection out of the 24 judges in the district.

While Boasberg’s rebuttal to Trump’s lies was very mild, Judge Beryl Howell’s pushback was a tad stronger.

The Justice Department was trying to remove Howell from a case over Trump’s executive order attacking the Perkins Coie law firm. The DOJ accused Howell of “repeatedly demonstrat[ing] partiality against and animus towards the president” and is therefore “unable to impartially rule on the meritless challenges to President Trump’s efforts to implement the agenda that the American people elected him to carry out”.  

In a 21 page ruling Howell denied the bid to replace her on the case and called the DOJ and AG Pam Bondi out for attacking her character and undermining the judicial system. The bid to replace her, Howell wrote, “relies only on speculation, innuendo, and basic legal disagreements that provide no basis for disqualification.

In the order denying the bid to replace her, Judge Howell wrote:

“When the U.S. Department of Justice engages in this rhetorical strategy of ad hominem attack, the stakes become much larger than only the reputation of the targeted federal judge. This strategy is designed to impugn the integrity of the federal judicial system and blame any loss on the decision-maker rather than fallacies in the substantive legal arguments presented”.

She added that the Trump administration’s claims of “ongoing improper encroachments” on his executive powers … “reflects a grave misapprehension of our constitutional order. … Adjudicating whether an Executive Branch exercise of power is legal, or not, is actually the job of the federal courts, and not that of the president or the Department of Justice…”.

She wrote that the president’s actions (e.g. against Perkins Coie) send a chilling message that lawyers can be punished for representing clients unfavorable to the administration. “Such a circumstance threatens the very foundation of our legal system. Our justice system is based on the fundamental belief that justice works best when all parties have zealous advocates.”

Justices like Boasberg and Howell are fingers in the dike holding back the utter destruction of America by Trump and his gang of thugs.

Sources:

https://tcinla757.substack.com/p/poking-around-at-the-end-of-week-1ca

https://www.nytimes.com/2025/03/27/us/politics/signal-chat-houthis-court-decision.html

https://news.bloomberglaw.com/business-and-practice/judge-rejects-doj-bid-to-oust-her-from-trump-perkins-coie-fight

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