Connect with us

The Dictatorship

Supreme Court allows Education Department to proceed with mass firings

Published

on

Supreme Court allows Education Department to proceed with mass firings

By Jordan Rubin

The Supreme Court granted the Trump administration’s bid to lift a judge’s order that required reinstating about 1,400 fired Education Department employees, allowing the government to move forward with its efforts to dismantle the agency.

The unsigned order, issued Monday via the so-called emergency docket, did not offer any rationale from the majority for allowing the firings to be carried out while litigation continues.

In a scathing dissent, Justice Sonia Sotomayor wrote, “When the Executive publicly announces its intent to break the law, and then executes on that promise, it is the Judiciary’s duty to check that lawlessness, not expedite it.” Calling the majority’s decision “indefensible,” the Obama appointee said it “hands the Executive the power to repeal statutes by firing all those necessary to carry them out. The majority is either willfully blind to the implications of its ruling or naive, but either way the threat to our Constitution’s separation of powers is grave.”

The two other Democratic-appointed justices, Elena Kagan and Ketanji Brown Jackson, joined Sotomayor’s dissent.

The Trump administration had argued that U.S. District Judge Myong Joun overstepped when he granted a preliminary injunction in May. Solicitor General John Sauer noted that the high court had recently lifted another order that Joun issued against the administration, on education-related grants.

“For the second time in three months, the same district court has thwarted the Executive Branch’s authority to manage the Department of Education despite lacking jurisdiction to second-guess the Executive’s internal management decisions,” Sauer wrote in his June 6 high court application.

“This Court curtailed that overreach when the district court attempted to prevent the Department from terminating discretionary grants,” Sauer continued, referring to the Supreme Court’s prior intervention, adding: “In this case, the district court is attempting to prevent the Department from restructuring its workforce, despite lacking jurisdiction several times over. Intervention is again warranted.”

Opposing the administration’s application, a coalition of states led by New York defended the district judge, saying he “correctly concluded, based on a detailed factual record unrebutted by petitioners, that the States are likely to show the RIF [reduction in force] is arbitrary and capricious, contrary to law, and unconstitutional.”

Monday’s decision is the second in as many weeks in which the Supreme Court sided with the Trump administration on mass layoffs of federal employees.

Subscribe to the Deadline: Legal Newsletter for expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in the Trump administration’s legal cases.

Jordan Rubin

Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.

Read More

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

The Dictatorship

‘Not going away’: Conservatives pressure Speaker Johnson over Epstein

Published

on

‘Not going away’: Conservatives pressure Speaker Johnson over Epstein
  • White House plagued by drum beat for more information on Epstein case

    12:53

  • ‘They blew it’: NY Gov. slams Republicans, says megabill will have deep impact on state

    14:52

  • ‘He’s not able to bury this story’: Trump faces revolt from MAGA base

    10:11

  • Mamdani will ‘discourage’ controversial term ‘globalize the intifada’: NYT

    07:06

  • Now Playing

  • UP NEXT

    The real reason the president suddenly sounds tougher on Russia

    07:52

  • Daniel Silva’s Gabriel Allon returns in the mystery-thriller ‘An Inside Job’

    08:02

  • ‘Empire of the Elite’ tracks the glory years of Condé Nast

    09:30

  • Democrats need to ‘fight’ and show that democracy can deliver: Stacey Abrams

    09:43

  • Charlie Sykes: Questions about Epstein files not going away any time soon

    12:47

  • Obama’s call to action for Democrats: ‘Toughen up’ and ‘less whining’

    05:39

  • Steve Rattner: Despite Trump’s trade war, markets keep rising

    07:46

  • After ‘lackluster campaign,’ Cuomo relaunches an independent bid for NYC mayor

    03:43

  • Trump not out of the woods yet with MAGA base, says conservative writer

    06:55

  • Joe: Trump loyalists drop decade of rage over Epstein files. Why?

    14:29

  • A look inside the alliance between the ‘Big Three’

    05:55

  • Trump was inevitable but also beatable, says host of ‘Autocracy in America’ podcast

    06:55

  • ‘Toxic impact’: Joe slams Secy. Noem calling judge ‘idiot’ over immigration detention ruling

    05:24

  • Trump turns on Putin, announces he’ll send Patriot missiles to Ukraine

    04:50

  • White House plagued by drum beat for more information on Epstein case

    12:53

  • ‘They blew it’: NY Gov. slams Republicans, says megabill will have deep impact on state

    14:52

  • ‘He’s not able to bury this story’: Trump faces revolt from MAGA base

    10:11

  • Mamdani will ‘discourage’ controversial term ‘globalize the intifada’: NYT

    07:06

  • Now Playing

    ‘Not going away’: Conservatives pressure Speaker Johnson over Epstein

    10:44

  • UP NEXT

    The real reason the president suddenly sounds tougher on Russia

    07:52

Read More

Continue Reading

The Dictatorship

Trump told MAGA to be quiet about Jeffrey Epstein. Fox News obeyed.

Published

on

Trump told MAGA to be quiet about Jeffrey Epstein. Fox News obeyed.

President Donald Trump’s allies at Fox News — and other major MAGA media figures — are obeying his marching orders to stop talking about Jeffrey Epsteinthe disgraced financier who was awaiting trial on charges that he sexually abused dozens of underage girls when he died by suicide in jail in 2019.

Prominent MAGA voices were in near-open rebellion last week after the Justice Department and Federal Bureau of Investigation issued in an unsigned July 6 memo stating that there was no “credible evidence found that Epstein blackmailed prominent individuals as part of his actions,” and that investigators “concluded that Jeffrey Epstein committed suicide in his cell.” Those conclusions contradicted dogmas pushed by Trumpist talking heads — including FBI Deputy Director Dan Bongino. Within days, many MAGA diehards were calling for Attorney General Pam Bondi’s resignation or firing.

By Sunday, the simmering discontent seemed primed to boil over, as Fox News anchors and prominent pro-Trump speakers at a summit organized by Charlie Kirk’s Turning Point USA warned that if Trump didn’t listen to his base, he risked losing them. But the president instead issued a statement that evening in which he stood by Bondi and demanded that his allies “not waste Time and Energy” on the Epstein saga.

By Sunday, the simmering discontent seemed primed to boil over.

Trump’s statement put to the test the MAGA pundits and influencers who had told their audiences for years that wealthy elites, corrupt officials and the mainstream press were covering up for Epstein. And most of them, particularly Fox’s anchors and hosts, promptly bent the knee.

Epstein’s name was brought up only eight times across the network’s programming on Monday, with its first reference coming well into the 6 p.m. hour. By contrast, Fox name-checked former President Joe Biden 158 times that same day.

Jesse Watters, who holds down the 8 p.m. time slot previously held by stars Bill O’Reilly and Tucker Carlson, provides a case study of the network’s compliance. The Fox host mentioned Epstein’s name across more than 100 episodes of his programs over the last six years. Watters said he was “leading the charge to expose Jeffrey Epstein’s list of fixers, clients, and famous friends,” unlike the corrupt mainstream press whose silence he claimed aided the “powerful people [who] want to keep you from knowing about Epstein’s world.”

But on Monday night, Watters obliged the demands of a powerful person with myriad, longstanding ties to the disgraced financier: Trump. The sole discussion of the Epstein story on his broadcast came during a segment in which his producer interviewed beachgoers.

Watters’ prime-time colleagues Sean Hannity and Greg Gutfeld likewise completely ignored the Epstein story on their Monday broadcasts. In the 7 p.m. slot, Laura Ingraham offered the following take: “As conservative influencers were eating their own about Epstein, the president was stealing the show on the one-year anniversary of the day he almost lost his life.”

In general, MAGA commentators have either gone silent like Fox News or are publicly championing the Trump line.

The silence from Watters and Hannity is particularly embarrassing because earlier this year both had claimed that members of the so-called “deep state” aimed to keep the Epstein documents from Bondi so she couldn’t expose them. The new narrative the president laid out on Sunday — that the likes of former President Barack Obama, former Secretary of State Hillary Clinton, and a slew of supposed deep state officials “created” the so-called Epstein files in order to undermine the MAGA movement — contradicts the hosts’ story.

Outside the Fox News portion of the MAGA ecosystem, there’s been somewhat more debate about the Justice Department memo. Some MAGA influencers pointed out the absurdity of Trump’s new narrative. “Barack Obama wrote the Epstein files? LOL. This is outright embarrassing,” commented Candace Owens on X. Benny Johnson, responding on a livestream Sunday, mentioned Trump’s theory and remarked“What?”

Others were even more critical, at times even implicating Trump himself. “Either Pam Bondi is royally screwed up … or there is something there and it’s being covered up and the president blessed it,” said Megyn Kelly, a member of the diaspora of former Fox News hosts who now compete for its audience. Daily Wire podcaster Matt Walsh said, “There just is no option that allows you to just, you know, vindicate the Trump administration entirely.”

But those cases seem like the exceptions — in general, MAGA commentators have either gone silent like Fox News or are publicly championing the Trump line.

“Is it time to move on from the Jeffrey Epstein case?” asked Souza Dinesh podcaster. “I want to argue the answer is yes.”

“I’m going to just have to defer to President Trump on this thing,” Newsmax’s Greg Kelly offered.

“I’m done talking about Epstein for the time being,” Kirk said Monday. “I’m gonna trust my friends in the administration” (though on Tuesday, Kirk claimed, “When I said ‘for the time being,’ I was talking yesterday”).

Cracks keep forming in the coalition that united around a shared hatred of the left and put Trump in office. Those fractures will almost certainly continue as his administration’s actions anger its various factions, and they may even come to threaten Trump’s cultlike hold over the MAGA movement and the largely sycophantic right-wing media. But we’re not there yet.

Matt Gertz

Matt Gertz is a senior fellow at Media Matters for America, a progressive research center that monitors the U.S. media. His work focuses on the relationship between Fox News and the Republican Party, media ethics and news coverage of politics and elections.

Read More

Continue Reading

The Dictatorship

Trump’s deportation machine is writing its own rules

Published

on

Trump’s deportation machine is writing its own rules

The last major overhaul of American immigration law took place decades ago and there’s been no will from Congress to revamp it since then. Instead, a string of presidents has sought to interpret the law to fit their preferred policies. What we’re seeing under President Donald Trump, though, is a federal bureaucracy abandoning the law as it exists, rewriting the rules that would constrain it from exercising maximum cruelty and dehumanization toward immigrants.

His determination marks a major shift in the way ICE functions and threatens to transform the immigration system more broadly overnight.

Over the last six months, Immigrations and Customs Enforcement has served as the tip of the spear in the Trump administration’s mass deportation push. According to The Washington Postacting ICE director Todd Lyons issued a memo last week that instructs officers to hold immigrants in their custody “for the duration of their removal proceedings” — however long that takes. He asserted that immigrants who’d previously been allowed to request bond hearings may not be released from ICE custody” with release on parole relegated to being a rarity.

Lyons’ decision is based on “a section of immigration law that says unauthorized immigrants ‘shall be detained’ after their arrest,” according to the Post, “but that has historically applied to those who recently crossed the border and not longtime residents.” A spokesperson for ICE told NBC News on Tuesday that the decision to prevent detainees from receiving bond hearings “closes a loophole” in current law, arguing that people arrested in the country’s interior should be treated the same as those apprehended at the border.

His determination marks a major shift in the way ICE functions and threatens to transform the immigration system more broadly overnight. There was already massive backlog of immigrations proceedings even before this recent escalation. According to ICE’s annual report for fiscal year 2024there are “more than 7.6 million noncitizens in removal proceedings or subject to final orders of removal on the agency’s non-detained docket.” If all of them were to have been held for the entirety of their proceedings, the number would wildly dwarf the 155,655 inmates currently held in the entire federal prison system.

Moreover, the detainees held in ICE facilities last year were only in custody for “an average of 46.9 days.” The report further noted that “detention is not punitive, and the agency detains noncitizens only when required by law or based on the unique circumstances of the case.”

Lyons’ orders entirely overturns that general guidance to instead make detention the norm rather than the exception.

This policy change will only place further strain on a system that has been tasked with widening its dragnet and ramping up its arrest numbers. NBC News reported last week that while detentions are surging under Trump, deportations are lagging: “According to ICE data, its agents arrested roughly 30,000 immigrants last month, the most since monthly data was made publicly available in November 2020. But the number of immigrants deported in June — more than 18,000 — amounted to roughly half the number of arrests, according to internal figures obtained by NBC News.”

The imbalance has led to a lack of space in ICE’s current facilities, where NBC News also recently reported that overcrowding has prompted complaints from detention centers across at least seven states of “complaining of hunger, food shortages and spoiled food.” A tsunami of funding from Congress for immigration enforcement is meant to vastly expand ICE’s available detention space. The new policy from Lyons helps ensure all those new beds will be filled — and then some.

These moves notably aren’t exclusive to ICE but taking place across the administration.

But turning over some of those beds will be easier — thanks to another new policy rewrite from Lyons. In a memo issued last weekthe acting director took advantage of a recent Supreme Court ruling to speed up the process for deporting immigrants to an “alternative” country than the one they left behind. In some cases, these people may be sent to a country where they know nobody, don’t speak the language, and have no support with less than 24 hours’ notice to challenge the order.

These moves notably aren’t exclusive to ICE but taking place across the administration. The Justice Department last month circulated a memo outlining its Civil Division’s new priorities. Rather than focusing on voting rights or violations of the Civil Rights Act, the few remaining lawyers at the storied branch must now prioritize denaturalization among other new focal points. The memo from Assistant Attorney General Brett Shumate provides 10 potential categories for the latter cases, including any referred to the division that it “determines to be sufficiently important to pursue.”

The overbroad scope of that last catch-all category is worrisome — but the one that most concerns me targets “individuals who acquired naturalization through government corruption, fraud, or material misrepresentations.” While that language sounds relatively benign, it dovetails well with right wing rhetoric that falsely claims that the Biden administration “illegally” allowed millions of immigrants into the country. Any migrant who came in during those years and gained citizenship could potentially see their naturalization threatened because of this new focus.

Disturbingly, ICE has also taken upon itself to rewrite the oversight laws that Congress has passed, limiting the window in which legislators can turn up unannounced for inspections. Members of Congress are explicitly allowed to visit facilities that “detain or otherwise house aliens” without providing notice, but they must now provide ICE with a 72-hour advancing warning before visiting an ICE field office. While the memo draws a distinction between offices and detention centers, the law doesn’t, and migrants have been reportedly held at field offices for days on end due to overcrowding.

Taken together, these revisions provide a window into how Trump’s deportation machine will operate when it is finally fully up to speed.

The steady inflow of migrants to detention centers and their speedy exfiltration to random countries is poised to escalate into a near automated process, with no oversight or chance for the banished to appeal their fate. In stripping these supposed undesirables of their rights to due processtheir freedom while awaiting a hearing, and the protections the law should provide them, the administration is robbing them of their very humanity.

How much longer then will it take for even this streamlined process, devoid of any chance of appeal or semblance of mercy to be considered too time-consuming or expensive? What then will be the fate of the people stuffed into these camps with no hope of release? The answer may be one that we swore as a civilization never to allow happen again.

Hayes Brown

Hayes Brown is a writer and editor for BLN Daily, where he helps frame the news of the day for readers. He was previously at BuzzFeed News and holds a degree in international relations from Michigan State University.

Read More

Continue Reading

Trending