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The Dictatorship

Trump may have chosen the wrong scapegoat this time

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Trump may have chosen the wrong scapegoat this time

Last week, Donald Trump turned his fire on the Federalist Societya powerful conservative advocacy group, and its co-founder Leonard Leo, a key adviser to Trump on judicial nominations during his first term. In a post on Truth SocialTrump called Leo a “sleazebag” and blamed the Federalist Society for “the bad advice they gave me on numerous Judicial Nominations.”

The impetus for the post was a ruling by a three-judge panel of the U.S. Court of International Trade holding that he did not have legal authority for his most sweeping tariffs (an appeals court paused the ruling the following day). When something goes wrong for Trump, he always looks for a scapegoat — and his political allies aren’t immune to such treatment.

For Trump, the conservatives’ failure to help him stay in the White House would be seen as a betrayal.

However, in the Federalist Society and Leo, Trump may have chosen the wrong targets. It is self-destructive to throw them under the bus when they have deep and continuing ties to members of the Supreme Court’s conservative majority, and when their political operation was crucial to Trump’s judicial nominations in his first term.

As Blue Light News reports“Trump’s relationship with [Leo] is known to have grown strained” after the fiasco of Trump’s 2020 election denialism and coup attempt. The president was sorely disappointed that the Supreme Court, including the three justices he appointed in his first term, did not do what it had done 20 years earlier when it, in effect, threw the election to George W. Bush.

Both the Federalist Society and Leo had played key roles in helping the president choose those three nominees: Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. As NPR reported in 2022all three were on a list of potential justices that Trump shared during the 2016 campaign — “A list that was personally curated by Leo.” Justices Clarence Thomas and Samuel Alito are also close to Leo, who played a key role in securing their nominations and confirmation. Leo has becomeas former Trump adviser Kellyanne Conway told ProPublica, a “den mother” to the justices, helping “take care of the judges even after they had made it to the highest court in the country.”

For Trump, for whom every action is transactional, the conservatives’ failure to help him stay in the White House would be seen as a betrayal — not just by the justices but by their patron. However, Blue Light News reports that “despite the falling out between Trump and Leo, many legal conservatives said in recent months that they expected him to remain influential in the choices Trump makes for judicial nominations in his second term.”

This week’s ruling, however, seems to have changed that. Already, a group Leo helped fundedthe New Civil Liberties Alliance, had challenged Trump’s tariffs on Chinese imports, raising the same claims of executive overreach that the trade court accepted Wednesday. And one of the three judges on the trade court who made that decision, Judge Timothy Reif, was appointed by Trump during his first term.

It is not clear what, if any, role either the Federalist Society or Leo played in Reif’s elevation to the bench. But it is clear that during his first term, Trump credited both of them for helping him transform the federal judiciary. Leo had laid the groundwork for that transformation, as ProPublica reported in 2023:

Decades ago, he’d realized it was not enough to have a majority of Supreme Court justices. To undo landmark rulings like Roe, his movement would need to make sure the court heard the right cases brought by the right people and heard by the right lower court judges. Leo began building a machine to do just that.

Besides pampering members of the Supreme Court, he placed Federalist Society members in “clerkships, judgeships and jobs” not only at the federal level but throughout the states as well.

That, it seems, was then. Now, says Trump, Leo is “a bad person who, in his own way, probably hates America.” The president’s changing mood doesn’t change the fact that, as Time reporter Chad de Guzman explains“the President may be relying on Leo’s greatest accomplishment to ultimately push his agenda through.”

Already, however, Republican-appointed judges are ruling against Trump’s second administration nearly as often as Democratic-appointed judges. And while there were far fewer vacant judgeships at the start of Trump’s second term compared to his firstthere are still nearly 50 empty seats. But replacing Leo’s voice with more combative, less experienced voices like Trump aide Mike Davis means that nominating candidates for those seats will likely be a slower, more fraught process than in Trump’s first administration.

“Conservative judges are going to be much more open to stepping down if they’re confident that their replacements will be high quality,” former Bush administration lawyer Ed Whelan told The New York Times. “Trump’s bizarre attack on his judicial appointments in his first term doesn’t inspire confidence.”

Even the president, as he raged at Leo, seemed to recognize the importance of the latter’s project. Referring to the trade court decision, he said, “Hopefully, the Supreme Court will reverse this horrible, Country threatening decision, QUICKLY and DECISIVELY.” But lashing out at a “den mother” is hardly the way to curry favor with those who are the beneficiaries of their care.

Austin’s saps

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. The views expressed here do not represent Amherst College.

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The Dictatorship

Maddow sums up Musk’s time in Washington with one metaphor

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Maddow sums up Musk’s time in Washington with one metaphor

On the heels of Elon Musk’s exit from the federal government, Rachel Maddow shared the metaphor she believes best sums up the billionaire’s time in Washington.

During Monday’s show, Maddow highlighted one particular agency that was targeted by Musk’s Department of Government Efficiency, aka DOGE. In March, the United States Institute of Peace (USIP) sued DOGE after it faced a “takeover by force” of its Washington headquarters. With the help of law enforcement, DOGE seized USIP’s building and laid off the independent agency’s employees.

Earlier this month, a federal judge ruled that the takeover was illegal and ordered the Trump administration to return the headquarters to USIP. When employees returned, they found the office in a state of disarray, full of water damage, rats and roaches, according to a sworn statement from the agency’s chief executive.

While Maddow acknowledged that many have used Musk’s black eye, on display during his Oval Office goodbye last week, as a metaphor for his time with the White House, she argued that USIP provided a more “on the nose” way to describe the billionaire’s legacy.

“A building seized pointlessly, shut down pointlessly, left to be infested by vermin — all so its rightful owners can eventually come back and have to put it all back together again. For no reason at all,” Maddow said. “I think that’s a better metaphor.”

You can watch Maddow’s full take on Musk’s exit above.

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The Dictatorship

Judge sides with transgender plaintiffs in case on Trump’s prisons executive order

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Judge sides with transgender plaintiffs in case on Trump’s prisons executive order

By Jordan Rubin

A federal judge on Tuesday sided with a class of transgender plaintiffs against one of President Donald Trump’s executive orders. Granting a preliminary injunction, U.S. District Judge Royce Lamberth told the Federal Bureau of Prisons to keep providing gender-affirming care to inmates, notwithstanding Trump’s order that had sought to bar federal funds “for any medical procedure, treatment, or drug for the purpose of conforming an inmate’s appearance to that of the opposite sex.”

After Trump issued his order in January, the plaintiffs’ access to hormone medications and social accommodations (like clothing and hair removal devices) was cut off or reduced. Hormone medication access came backbut they still couldn’t get social accommodations. On behalf of a class of plaintiffs diagnosed with gender dysphoria, they sought to halt the order.

Lambertha Reagan appointee, agreed with them at this early stage in the case. He said the BOP must make social accommodations available to all class members to the same extent they were available prior to Trump’s order, as well as provide hormone therapy to all class members who were prescribed hormone medications by BOP or other medical personnel to the same extent as prior to Trump’s order.

The preliminary injunction is not a final decision on the subject but rather a move by the judge to maintain the status quo while the case proceeds.

But in siding with the plaintiffs at this preliminary stage, Lamberth said they’re likely to succeed on the merits. He said he agreed that the government’s enforcement of the order is “arbitrary and capricious” by failing to justify the executive action while treating gender dysphoria differently from other medical conditions.

Quoting from Trump’s executive order, the judge said it failed to “make any effort whatsoever to explain how providing hormone medications or social accommodations to prisoners hampers ‘scientific inquiry, public safety, morale, trust in government,’ or any other virtue animating the Executive Order.”

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.

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The Dictatorship

Ukraine’s drone attack on Russia could reshape global military strategy

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Ukraine’s drone attack on Russia could reshape global military strategy

By Rachel Maddow

This is an adapted excerpt from the June 2 episode of “The Rachel Maddow Show.”

They nicknamed it the “Bear.” It’s a military aircraft first designed in Russia in the 1950s and built to compete with the American B-52 bomber. The Tupolev Tu-95 can fly across continents before it has to stop and refuel, and it can carry eight long-range missiles.

For decades, Russia has had dozens of Tu-95 bombers and other planes like it. On Sunday, Ukrainian drones struck several Russian air basesdestroying a fleet of planes, including several Tu-95 bombers.

Russia has been hammering Ukraine with these bombers for years, and this weekend, Kyiv decided that rather than just trying to intercept the missiles that these planes keep firing from the sky, it would instead try to take out the planes.

According to NBC NewsUkraine’s Security Service smuggled more than a hundred drones into Russia. They hid them under the roofs of mobile wooden cabins in a process that took months.

Ukraine just disabled a primary piece of Russia’s nuclear arsenal with devices that look like they came from RadioShack.

Then all at once, simultaneously, with no warning, the cabin roofs were opened via remote control, and then the drones flew off to do their thing, packed with explosives.

Ukraine says they destroyed planes across four different military sites in Russia, including in Siberia at a site almost 3,000 miles away from Ukraine. Of Russia’s entire fleet of military bombers, Ukraine says they were able to destroy or severely damage about a third of them.

Now, was Russia aware that this was going to happen? Clearly no. Did they have defenses in place to protect their planes? Well, that’s a funny story.

In a video of Sunday’s drone attack, put out by Ukraine’s Security Service, you can see round objects on the wings of Russia’s bomber planes. Those circles are actually tires — like the tires you put on your car. Apparently, this is a thing Russia has been doing for a while now. One NATO military official told CNN in 2023, “We believe it’s meant to protect against drones. … We don’t know if this will have any effect.”

Well, now we know. As Sunday’s strike shows, tires do not prevent drones from destroying your attack planes.

This whole thing is just astonishing, not just in a foreign policy way, but also in an action movie kind of way. It also has really serious implications beyond Russia and Ukraine. Those bomber planes Ukraine just torched are not only equipped to carry regular missiles, they also can carry nuclear warheads.

If you are Russia, the United States or any country with nuclear weapons, your national security policies are based around the fact that you have an impenetrable nuclear deterrent. Why would anyone attack you if you could then retaliate by blowing them off the map with your nuclear stockpile?

But Ukraine just disabled a primary piece of Russia’s nuclear arsenal with devices that look like they came from RadioShack, which means it has to contend with the fact that its impenetrable nuclear arsenal is not so impenetrable after all.

Sunday’s strike also has really important strategic consequences for every country that thinks of itself as having a nuclear deterrent.

For our country, wouldn’t this be a good time to have a robust, competent national security apparatus thinking about those kinds of implications and making smart, well-informed strategic decisions on how to react to them?

Rachel Maddow

Rachel Maddow is host of the Emmy Award-winning “The Rachel Maddow Show” Mondays at 9 p.m. ET on BLN. “The Rachel Maddow Show” features Maddow’s take on the biggest stories of the day, political and otherwise, including in-depth analysis and stories no other shows in cable news will cover.

Allison Detzel

contributed

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