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Appellate judges question Trump’s authority to impose tariffs without Congress
Court Watch |
2025/08/01 06:30
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Appellate court judges expressed broad skepticism Thursday over President Donald Trump’s legal rationale for his most expansive round of tariffs.
Members of the 11-judge panel of the U.S. Court of Appeals for the Federal Circuit in Washington appeared unconvinced by the Trump administration’s insistence that the president could impose tariffs without congressional approval, and it hammered its invocation of the International Emergency Economic Powers Act to do so.
“IEEPA doesn’t even mention the word ‘tariffs’ anywhere,” Circuit Judge Jimmie Reyna said, in a sign of the panel’s incredulity to a government attorney’s arguments.
Brett Shumate, the attorney representing the Trump administration, acknowledged in the 99-minute hearing “no president has ever read IEEPA this way” but contended it was nonetheless lawful.
The 1977 law, signed by President Jimmy Carter, allows the president to seize assets and block transactions during a national emergency. It was first used during the Iran hostage crisis and has since been invoked for a range of global unrest, from the 9/11 attacks to the Syrian civil war.Trump says the country’s trade deficit is so serious that it likewise qualifies for the law’s protection.
In sharp exchanges with Shumate, appellate judges questioned that contention, asking whether the law extended to tariffs at all and, if so, whether the levies matched the threat the administration identified.
“If the president says there’s a problem with our military readiness,” Chief Circuit Judge Kimberly Moore posited, “and he puts a 20% tax on coffee, that doesn’t seem to necessarily deal with (it).”
Shumate said Congress’ passage of IEEPA gave the president “broad and flexible” power to respond to an emergency, but that “the president is not asking for unbounded authority.”
But an attorney for the plaintiffs, Neal Katyal, characterized Trump’s maneuver as a “breathtaking” power grab that amounted to saying “the president can do whatever he wants, whenever he wants, for as long as he wants so long as he declares an emergency.”
No ruling was issued from the bench. Regardless of what decision the judges’ deliberations bring, the case is widely expected to reach the U.S. Supreme Court.
Trump weighed in on the case on his Truth Social platform, posting: “To all of my great lawyers who have fought so hard to save our Country, good luck in America’s big case today. If our Country was not able to protect itself by using TARIFFS AGAINST TARIFFS, WE WOULD BE “DEAD,” WITH NO CHANCE OF SURVIVAL OR SUCCESS. Thank you for your attention to this matter!’'
In filings in the case, the Trump administration insists that “a national emergency exists” necessitating its trade policy. A three-judge panel of the U.S. Court of International Trade, a specialized federal court in New York, was unconvinced, however, ruling in May that Trump exceeded his powers.
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Immigration judges fired by Trump administration say they will fight back
Law Center |
2025/07/26 14:41
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Federal immigration judges fired by the Trump administration are filing appeals, pursuing legal action and speaking out in an unusually public campaign to fight back.
More than 50 immigration judges — from senior leaders to new appointees — have been fired since Donald Trump assumed the presidency for the second time. Normally bound by courtroom decorum, many are now unrestrained in describing terminations they consider unlawful and why they believe they were targeted.
Their suspected reasons include gender discrimination, decisions on immigration cases played up by the Trump administration and a courthouse tour with the Senate’s No. 2 Democrat.
“I cared about my job and was really good at it,” Jennifer Peyton, a former supervising judge told The Associated Press this week. “That letter that I received, the three sentences, explained no reason why I was fired.”
Peyton, who received the notice while on a July Fourth family vacation, was appointed judge in 2016. She considered it her dream job. Peyton was later named assistant chief immigration judge in Chicago, helping to train, mentor and oversee judges. She was a visible presence in the busy downtown court, greeting outside observers.
She cited top-notch performance reviews and said she faced no disciplinary action. Peyton said she’ll appeal through the Merit Systems Protection Board, an independent government agency Trump has also targeted.
Peyton’s theories about why she was fired include appearing on a “bureaucrat watchdog list” of people accused by a right-wing organization of working against the Trump agenda. She also questions a courthouse tour she gave to Sen. Dick Durbin of Illinois in June.
Durbin blasted Peyton’s termination as an “abuse of power,” saying he’s visited before as part of his duties as a publicly-elected official.
The nation’s immigration courts — with a backlog of about 3.5 million cases — have become a key focus of Trump’s hard-line immigration enforcement efforts. The firings are on top of resignations, early retirements and transfers, adding up to 106 judges gone since January, according to the International Federation of Professional and Technical Engineers, which represents judges. There are currently about 600 immigration judges.
Several of those fired, including Peyton, have recently done a slew of interviews on local Chicago television stations and with national outlets, saying they now have a platform for their colleagues who remain on the bench.
“The ones that are left are feeling threatened and very uncertain about their future,” said Matt Biggs, the union’s president.
Carla Espinoza, a Chicago immigration judge since 2023, was fired as she was delivering a verdict this month. Her notice said she’d be dismissed at the end of her two-year probationary period with the Executive Office for Immigration Review. |
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House subcommittee votes to subpoena Justice Department for Epstein files
Law Center |
2025/07/22 14:42
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A House subcommittee on Wednesday voted to subpoena the Department of Justice for files in the sex trafficking investigation into Jeffrey Epstein after Democrats successfully goaded GOP lawmakers to defy President Donald Trump and Republican leadership to support the action.
The vote showed the intensifying push for disclosures in the Epstein investigation even as House Speaker Mike Johnson — caught between demands from Trump and clamoring from his own members for the House to act — was sending lawmakers home a day early for its August recess. The House Committee on Oversight also issued a subpoena Wednesday for Ghislaine Maxwell, a convicted sex offender and girlfriend of the late Epstein, to testify before committee officials in August.
Meanwhile, Democrats on a subcommittee of the powerful House Oversight Committee made a motion for the subpoena Wednesday afternoon. Three Republicans on the panel voted with Democrats for the subpoena, sending it through on an 8-2 vote tally.
The Republican subcommittee chairman, Rep. Clay Higgins of Louisiana, said that work was beginning to draft the subpoena but did not give a timeline for when it would be issued.
“I’ve never handled a subpoena like this. This is some fascinating stuff,” said Higgins, who voted against the motion.
Democrats cheered the action as proof that their push for disclosures in the Epstein investigation was growing stronger. The committee agreed to redact information on victims, yet Democrats successfully blocked a push by Republicans to only subpoena information that was deemed to be “credible” — language that Trump has also used when discussing what he would support releasing.
“Democrats are focused on transparency and are pushing back against the corruption against Donald Trump. What is Donald Trump hiding that he won’t release the Epstein files?” said Rep. Robert Garcia, the top Democrat on the oversight committee. |
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A Virginia man accused of stockpiling bombs pleads guilty
Court Watch |
2025/07/19 12:11
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A Virginia man pleaded guilty Friday in a federal case that accused him of stockpiling the largest number of finished explosives in FBI history and of using then-President Joe Biden’s photo for target practice.
Brad Spafford pleaded guilty in federal court in Norfolk to possession of an unregistered short barrel rifle and possession of an unregistered destructive device, according to court documents. Each count carries a maximum sentence of 10 years in prison. His sentencing is scheduled for December.
Federal authorities said they seized about 150 pipe bombs and other homemade devices last fall at Spafford’s home in Isle of Wight County, which is northwest of Norfolk.
The investigation into Spafford began in 2023 when an informant told authorities that Spafford was stockpiling weapons and ammunition, according to court documents. The informant, a friend and member of law enforcement, told authorities that Spafford was using pictures of then-President Joe Biden for target practice and that “he believed political assassinations should be brought back,” prosecutors wrote.
Two weeks after the assassination attempt of then-presidential candidate Donald Trump in 2024, Spafford told the informant, “bro I hope the shooter doesn’t miss Kamala,” according to court documents. Former Vice President Kamala Harris had recently announced she was running for president. On around the same day, Spafford told the informant that he was pursuing a sniper qualification at the local gun range, court records stated.
Spafford stored a highly unstable explosive material in a garage freezer next to “Hot Pockets and frozen corn on the cob,” according to court documents. Investigators also said they found explosive devices in an unsecured backpack labeled “#NoLivesMatter.”
Spafford has remained in jail since his arrest last December. U.S. District Judge Arenda L. Wright Allen ruled against his release last January, writing that Spafford has “shown the capacity for extreme danger.” She also noted that Spafford lost three fingers in an accident involving homemade explosives in 2021.
Spafford had initially pleaded not guilty to the charges in January. Defense attorneys had argued at the time that Spafford, who is married and a father of two young daughters, works a steady job as a machinist and has no criminal record.
Defense attorney Jeffrey Swartz said at Spafford’s January detention hearing that investigators had gathered information on him since January 2023, during which Spafford never threatened anyone.
“And what has he done during those two years?” Swartz said. “He purchased a home. He’s raised his children. He’s in a great marriage. He has a fantastic job, and those things all still exist for him.”
Investigators, however, said they had limited knowledge of the homemade bombs until an informant visited Spafford’s home, federal prosecutors wrote in a filing.
“But once the defendant stated on a recorded wire that he had an unstable primary explosive in the freezer in October 2024, the government moved swiftly,” prosecutors wrote. |
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House Republicans grasp for response to demands for transparency in Epstein case
Law Firm News |
2025/07/16 12:11
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House Republicans were grasping late Thursday to formulate a response to the Trump administration’s handling of records in the Jeffrey Epstein sex trafficking case, ultimately putting forward a resolution that carries no legal weight but nodded to the growing demand for greater transparency.
The House resolution, which could potentially be voted on next week, will do practically nothing to force the Justice Department to release more records in the case. Still, it showed how backlash from the Republican base is putting pressure on the Trump administration and roiling GOP lawmakers.
The House was held up for hours Thursday from final consideration of President Donald Trump’s request for about $9 billion in government funding cuts because GOP leaders were trying to respond to demands from their own ranks that they weigh in on the Epstein files. In the late evening they settled on the resolution as an attempt to simultaneously placate calls from the far-right for greater transparency and satisfy Trump, who has called the issue a “hoax” that his supporters should forget about.
Yet the House resolution was the latest demonstration of how practically no one is moving on from Attorney General Pam Bondi’s promises to publicly release documents related to Epstein. Since he was found dead in his New York jail cell in August 2019 following his arrest on sex trafficking charges, the well-connected financier has loomed large among conservatives and conspiracy theorists who have now lashed out at Trump and Bondi for declining to release more files in the case.
“The House Republicans are for transparency, and they’re looking for a way to say that they agree with the White House. We agree with the president. Everything he said about that, all the credible evidence should come out,” House Speaker Mike Johnson said Thursday afternoon.
Democrats vehemently decried the resolution’s lack of force. They have advanced their own legislation, with support from nine Republicans, that would require the Justice Department to release more information on the case.
Rep. Jim McGovern, who led the Democrats’ debate against the Republican resolution Thursday night, called it a “glorified press release” and “a fig leaf so they can move on from this issue.”
Under pressure from his own GOP members, Johnson had to demonstrate action on the Epstein files or risk having Republicans support the Democratic measures that would force the release of nearly all documents.
“The American people simply need to know the truth, the whole truth, and nothing but the truth,” House Democratic Leader Hakeem Jeffries said at a news conference. “Democrats didn’t put this into the public domain. The conspiracy theory provocateur-in-chief Donald Trump is the one, along with his extreme MAGA Republican associates, who put this whole thing into the public domain for years. And now they are reaping what they have sown.”
Still, Democrats, who hold minorities in both chambers, have relished the opportunity to make Republicans repeatedly block their attempts to force the Justice Department to release the documents.
Trump in recent years has suggested he would release more information about the investigation into Epstein, especially amid speculation over a supposed list of Epstein’s clients.
In February, the Justice Department released some government documents regarding the case, but there were no new revelations. After a months-long review of additional evidence, the department earlier this month released a video meant to prove that Epstein killed himself, but said no other files related to the case would be made public.
A White House spokeswoman said Thursday that Trump would not recommend a special counsel in the case. But later Thursday, the president said he had asked Bondi to seek the release of testimony from grand jury proceedings in the case. |
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Trump says he’s considering ‘taking away’ Rosie O’Donnell’s US citizenship
Law Center |
2025/07/13 08:39
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President Donald Trump says he is considering “taking away” the U.S. citizenship of a longtime rival, actress and comedian Rosie O’Donnell, despite a decades-old Supreme Court ruling that expressly prohibits such an action by the government.
“Because of the fact that Rosie O’Donnell is not in the best interests of our Great Country, I am giving serious consideration to taking away her Citizenship,” Trump wrote in a social media post on Saturday. He added that O’Donnell, who moved to Ireland in January, should stay in Ireland “if they want her.”
The two have criticized each other publicly for years, an often bitter back-and-forth that predates Trump’s involvement in politics. In recent days, O’Donnell on social media denounced Trump and recent moves by his administration, including the signing of a massive GOP-backed tax breaks and spending cuts plan.
It’s just the latest threat by Trump to revoke the citizenship of people with whom he has publicly disagreed, most recently his former adviser and one-time ally, Elon Musk.
But O’Donnell’s situation is notably different from Musk, who was born in South Africa. O’Donnell was born in the United States and has a constitutional right to U.S. citizenship. The U.S. State Department notes on its website that U.S. citizens by birth or naturalization may relinquish U.S. nationality by taking certain steps – but only if the act is performed voluntary and with the intention of relinquishing U.S. citizenship.
Amanda Frost, a law professor at the University of Virginia School of Law, noted the Supreme Court ruled in a 1967 case that the Fourteen Amendment of the Constitution prevents the government from taking away citizenship.
“The president has no authority to take away the citizenship of a native-born U.S. citizen,” Frost said in an email Saturday. “In short, we are nation founded on the principle that the people choose the government; the government cannot choose the people.”
O’Donnell moved to Ireland after Trump defeated Vice President Kamala Harris to win his second term. She has said she’s in the process of obtaining Irish citizenship based on family lineage.
Responding to Trump Saturday, O’Donnell wrote on social media that she had upset the president and “add me to the list of people who oppose him at every turn.” |
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