Weekly Spotlight: This is the Authoritarian Playbook
On Wednesday, the Department of Justice (DOJ) sued the entire federal judiciary of Maryland over a court order that prevents immediate removals by requiring a 48-hour pause on deportations that are under legal challenge.
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EXECUTIVE POWER GRAB
DOJ’s authoritarian playbook on clear display
On Wednesday, the Department of Justice (DOJ) sued the entire federal judiciary of Maryland over a court order that prevents immediate removals by requiring a 48-hour pause on deportations that are under legal challenge. The lawsuit is blatant retaliation by the Trump administration against the courts for issuing orders they do not like — and it seems their whole playbook for undermining the independence of the courts was on display this week. A whistleblower complaint released on Tuesday alleged that senior DOJ officials were advising staff to ignore court orders, as well as stonewall and even lie to judges who were standing in the way of mass deportation plans. Altogether, the administration is carrying out an unprecedented, multifaceted assault on the independence and integrity of the judiciary, a coequal branch of the government whose job it is to hold them accountable. This is authoritarianism.
- “The Administration’s efforts to delegitimize the courts is breathtaking. And is a classic authoritarian move,” POGO’s Danielle Brian reacts on Bluesky.
- The Maryland court order that is currently under attack was simply seeking to preserve habeas corpus rights. Read our explainer on this foundational democratic principle.
- The whistleblower’s complaint offers new insight into what was happening behind the scenes when the Trump administration was defying court orders and failing to provide information about the illegal removals under the Alien Enemies Act that occurred back in March.
- Emil Bove, one of the DOJ officials named in the complaint, had a confirmation hearing this week for his nomination to the federal appeals court. We are urging Congress to investigate the troubling claims against him.
- Instead of holding the line, SCOTUS clears the way: The justices ended a lower court’s block on third-country deportations, opening the door for more lawless removals.
On yesterday’s Supreme Court ruling
While yesterday’s ruling takes no clear position on the constitutionality of the administration’s birthright citizenship executive order, we must be clear about its impact. This decision will bring profound harm to communities that have been forced to rely on the courts as a last resort to defend the due process and constitutional rights currently under assault. By limiting the ability of the people to effectively protect themselves from an authoritarian administration, this court facilitates the very trampling of the Constitution it has a fundamental duty to stop.
POGO INVESTIGATIONS DESK
Top Trump official stands to profit from ICE arrests
Stephen Miller, President Trump’s deputy chief of staff for policy and one of the most powerful and influential players in the administration, holds up to $250,000 of stock in Palantir, a surveillance tech company that contracts with ICE. Read the breaking investigation on pogo.org.
- MSNBC’s Jen Psaki covered our investigation on her primetime show: Watch the segment. Our reporting was also picked up by The Independent, Rolling Stone, The New Republic, Fast Company, and more.
- Dig deeper into ICE with our investigative reporting:
CHECKS AND BALANCES
DHS attempts to pass a rule preventing Congress from doing their literal job
ICE issued a new policy — which has since seemingly been removed from their website for unknown reasons — that would block members of Congress from visiting their facilities unannounced. But Congress has full legal authority under federal law to do exactly that. Conducting oversight is Congress’s job. Knowing what we know about ICE detention facilities, it is crucial lawmakers have access to these spaces so they can note rights violations and hold the agency accountable. The administration continues to undermine vital checks and balances, and both Congress and the courts need to take these affronts seriously. The more ground they cede, the more our democracy erodes.
- ANALYSIS Where is Congress? The status quo — Congress yielding its power to the executive branch — is untenable, writes POGO’s Caitlin MacNeal.
- In the past few months, we have seen the administration retaliate against public officials who are trying to push back against abuses of power or simply do their job. Representative LaMonica McIver (D-NJ) was indicted on assault and interference charges for a skirmish during an attempted oversight visit to a detention facility in her home state last month. Most recently, New York City comptroller Brad Lander was briefly arrested by ICE agents for trying to prevent the lawless detention of a man at an immigration court.
- INVESTIGATION Migrant Dies in ICE Custody from Untreated HIV: An Ethiopian man with HIV and tuberculosis died in ICE custody without receiving treatment for either disease, writes POGO investigator René Kladzyk.
ANALYSIS
Iran and the War Powers Problem
(Illustration: Ren Velez / POGO)
The Constitution gives Congress — not the president — the power to declare war. But Democratic and Republican presidents alike have blown through this limit on their authority. Over the years and across administrations, we’ve urged Congress to reclaim and reassert their authority. If they fail to act, these major transgressions will continue.
- TAKE ACTION Urge your reps to reclaim and reassert their war powers, before it is too late: Side-stepping congressional involvement on matters of war is undemocratic and unconstitutional. The consequential and grave decision to enter a war should not be made unilaterally. It should be made by the people’s branch, in line with what is best for the people.
