Trump, Vance and Musk take aim at the courts as judges halt some of 2nd term agenda
Roberto Schmidt/AFP via Getty Images
(WASHINGTON) — President Donald Trump and key members of his administration are lashing out at judges who have halted some of his second-term agenda, suggesting they don’t have the authority to question his executive power.
So far, the courts have pushed back on Trump’s attempts to end birthright citizenship, freeze federal grants, and the overhaul of federal agencies like USAID and the Consumer Financial Protection Bureau.
Over the weekend, the administration hit another roadblock when a federal judge temporarily restricted Elon Musk’s Department of Government Efficiency from accessing the Treasury Department’s vast federal payment system, which contains sensitive information of millions of Americans.
Musk accused the judge of being “corrupt” and called for him to be immediately impeached.
Vice President JD Vance, as he’s done before, questioned judicial oversight of the executive branch. In an interview with ABC News’ George Stephanopoulos last year, Vance suggested a president can ignore a court’s order — even a Supreme Court order — he considers illegitimate.
“If a judge tried to tell a general how to conduct a military operation, that would be illegal. If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that’s also illegal. Judges aren’t allowed to control the executive’s legitimate power,” Vance said over the weekend.
Trump was asked on Sunday about Vance’s comments and some of his setbacks in court.
“When a president can’t look for fraud and waste and abuse, we don’t have a country anymore,” Trump told reporters. “So, we’re very disappointed, but with the judges that would make such a ruling. But we have a long way to go.”
“No judge should, frankly, be allowed to make that kind of a decision,” the president added. “It’s a disgrace.”
Their pushback against the judiciary comes as Trump and his allies assert a sweeping theory of presidential power, one they say gives him sole control of the executive branch. Legal experts told ABC News they believe the Trump administration is trying to set up cases to test that theory before the Supreme Court.
Democrats say Trump is trying to subvert checks and balances under the U.S. Constitution, including the role of Congress in setting the scope of federal agencies and conducting oversight.
“I think this is the most serious constitutional crisis the country has faced certainly since Watergate,” Connecticut Sen. Chris Murphy said on ABC’s “This Week” on Sunday. “The president is attempting to seize control of power, and for corrupt purposes.”
California Democratic Sen. Adam Schiff responded directly to Vance’s suggestion judges aren’t “allowed to control” Trump’s executive power on X, writing: “JD, we both went to law school. But we don’t have to be lawyers to know that ignoring court decisions we don’t like puts us on a dangerous path to lawlessness.”
Republicans are largely aligned behind the president. Arkansas Sen. Tom Cotton slammed the judge who blocked DOGE’s access to Treasury data as an “outlaw.” Rep. Jim Jordan, chairman of the House Judiciary Committee, largely defended Musk’s actions as “carrying out the will” of Trump on CNN on Sunday.
Michael Gerhardt, a constitutional law expert at the University of North Carolina, told ABC News Trump’s rhetoric is largely “bravado” as “judges are entitled to review the constitutionality of presidential actions.”
“The conflict between the Trump administration and the courts is not just brewing; it is likely to persist throughout his second term,” Gerhardt said, noting Trump has a long history of criticizing judges with whom he disagrees even if they were appointed by Republican presidents.
“I think this battle will define Trump’s presidency,” Gerhardt added.
(WASHINGTON) — President Donald Trump on Thursday claimed, without evidence, that diversity, equity and inclusion initiatives for air traffic controllers at the Federal Aviation Administration — under Democratic presidents — were partly to blame for the tragic plane and helicopter collision in Washington on Wednesday night.
The air disaster occurred as an American Airlines passenger jet approaching Reagan Washington National Airport collided with a U.S. Army Black Hawk helicopter on a training flight.
“I put safety first, Obama, Biden and the Democrats put policy first, and they put politics at a level that nobody’s ever seen,” Trump told reporters in the White House briefing room, referring to the policies, even as the investigation into what happened is just getting underway.
“I had to say that it’s terrible,” he said, citing what he called a story about a group within the FAA that had “determined that the [FAA] workforce was too white, that they had concerted efforts to get the administration to change that and to change it immediately. This was in the Obama administration, just prior to my getting there, and we took care of African Americans, Hispanic Americans.”
But when a reporter pressed him, saying that similar language on DEI policies existed on the FAA’s website under Trump’s entire first term, Trump shot back, “I changed the Obama policy, and we had a very good policy and then Biden came in and he changed it. And then when I came in two days, three days ago, I said, a new order, bringing it to the highest level of intelligence.”
When asked by ABC News Chief White House Correspondent Mary Bruce whether he was saying the crash was the result of diversity hiring, Trump said, “we don’t know” what caused the crash, adding investigators are still looking into that. “It just could have been. We have a high standard. We’ve had a higher, much higher standard than anybody else.”
Even as he made unfounded claims about the FAA’s diversity initiatives being a factor in the disaster, he then said the Army helicopter crew could be at fault — and claimed he wasn’t blaming the air traffic controller who communicated with the helicopter.
When asked how he could come to the conclusion that FAA diversity policies had something to do with the disaster, he said, “Because I have common sense, OK, and unfortunately a lot of people don’t.”
Trump called Pete Buttigieg, the transportation secretary in the Biden administration, “bulls—,” and said he had “run [the Department of Transportation] right into the ground with his diversity.”
“Despicable. As families grieve, Trump should be leading, not lying,” Buttigieg responded in a statement on X. “We put safety first, drove down close calls, grew Air Traffic Control, and had zero commercial airline crash fatalities out of millions of flights on our watch. President Trump now oversees the military and the FAA. One of his first acts was to fire and suspend some of the key personnel who helped keep our skies safe. Time for the President to show actual leadership and explain what he will do to prevent this from happening again.”
Jamaican born African American nationalist Marcus Garvey, circa, 1920. Image via Library of Congress.
(WASHINGTON) — A group of 21 House Democrats signed a letter urging the president to exonerate former civil rights leader Marcus Garvey, according to a statement sent by the lawmakers to ABC News on Monday.
Congresswoman Yvette D. Clarke (D-NY) led the panel of lawmakers — mostly from the Congressional Black Caucus — to exonerate Garvey on the heels of President Joe Biden’s commutation of 37 sentences from federal death row on Monday.
Garvey, one of the earliest internationally-known Black civil rights leaders, was convicted of mail fraud in 1923 and was given a five-year sentence, according to a letter sent to Biden from the Congress members, obtained by ABC News. President Calvin Coolidge pardoned Garvey two years into his sentence. Garvey was immediately deported to his birth country of Jamaica.
“Exonerating Mr. Garvey would honor his work for the Black community, remove the shadow of an unjust conviction, and further this administration’s promise to advance racial justice,” the lawmakers said in the letter to the president. “At a time when Black history faces the existential threat of erasure by radical state legislatures, a presidential pardon for Mr. Garvey would correct the historical record and restore the legacy of an American hero.”
Congress members have been trying for decades to clear Garvey’s name, according to the congress members. Congressman John Conyers led hearings in 1987 for the House Judiciary Committee on Garvey’s exoneration. Congressman Charles Rangel introduced resolutions, highlighting alleged injustices against the former civil rights leader in 2004.
“Exactly 101 years ago, Mr. Garvey was convicted of mail fraud in a case that was marred by prosecutorial and governmental misconduct,” The congress members said in the letter. “The evidence paints an abundantly clear narrative that the charges against Mr. Garvey were not only fabricated but also targeted to criminalize, discredit, and silence him as a civil rights leader.”
The White House did not immediately reply to ABC News’ request for a response.
Garvey, who was born in Jamaica in 1887, was a notable Pan-Africanist, believing that people of African descent around the world should be unified because of their alleged common interests.
Garvey was the founder of the Universal Negro Improvement Association (UNIA) which was created to challenge racial inequality, according to the lawmakers. The organization championed self-determination and economic independence for Black people at a time when Jim Crow laws oppressed African Americans and colonization subjugated Africans on their own continent.
Garvey also established the Black Star Line, one of the first Black-owned shipping companies in the Western Hemisphere, connecting Black businesses across the Americas, according to the lawmakers. The civil rights leader eventually wanted to route the vessels to Africa for a redemption program, according to the U.S. National Archives and Records Administration. He wanted to establish a nation for those who were born into slavery or were the descendants of enslaved people, according to The Washington Post.
Garvey also created the Negro World Newspaper which, at its peak, reached a circulation of 200,000 readers weekly, according to the congressmembers.
Garvey shared the segregationist views of the Ku Klux Klan as he sought a separate state for those of the African diaspora, according to The Washington Post.
“I regard the Klan the Anglo Saxon clubs and white American societies as far as the Negro is concerned, as better friends of the race than all other groups of hypocritical whites put together,” Garvey said according to The New York Times.
Other Black civil rights activists were outraged. W. E. B. Du Bois said Garvey was the most dangerous enemy of the Negro race and was either “a lunatic or a traitor,” according to PBS. Du Bois also said Garvey “suffered from serious defects of temperament and training.”
The newly formed Bureau of Investigation, later becoming the FBI, and the director of its intelligence division, a-young J. Edgar Hoover, brought mail fraud proceedings against Garvey in connection to the sale of Black Star Line shipping stock, according to The Washington Post. He was sentenced to five years in prison and served two years before his pardon and eventual deportation by Coolidge.
The FBI declined ABC News’ request for a comment.
Garvey never returned to the U.S. again, according to the U.S. National Archives and Records Administration.
“As we approach the conclusion of your administration, this moment provides a chance to leave an indelible mark on history,” the lawmakers told Biden in their letter.
ABC News’ John Parkinson contributed to this report.
(WASHINGTON) — At noon today, Donald Trump takes the presidential oath for a second time, capping a historic political comeback to the White House.
The ceremony has been moved inside to the U.S. Capitol Rotunda because of frigid weather for only the first time since Ronald Reagan’s second inauguration 40 years ago.
Trump has told ABC’s Rachel Scott the themes of his inaugural address with be “unity, strength and fairness.” He will call for a “revolution of common sense,” according to excerpts of his speech.
Mike Pence to attend inauguration
Former Vice President Mike Pence announced his plans to attend the inauguration.
“Today, I will attend the Inauguration of President Donald Trump and Vice President J.D. Vance at the U. S. Capitol,” Pence wrote on X. “This is a day when every American does well to celebrate our democracy and the peaceful transfer of power under the Constitution of the United States.”
Pence was seen arriving at the U.S. Capitol at around 9:30 a.m.
Trump and Vance have had a contentious relationship and did not interact publicly for four years after Pence broke with Trump by refusing to reject the 2020 election results.
Biden tells Trump: ‘Welcome home’
As Trump exited his limousine, Biden said to him: “Welcome home.”
Trump walked up the steps with Melania Trump and they shook hands with the Bidens.
Trump is now at the White House
Trump has arrived at the White House, where he will have tea with President Biden.
The two men will later ride together to the U.S. Capitol for Trump’s swearing in.
Trump’s return caps what has been a remarkable political comeback unlike anything in American history.
This isn’t Trump’s first time back at the White House. Biden invited him for an Oval Office meeting days after his victory in November.
Hundreds available to attend inauguration from inside the Capitol Rotunda
Guests will attend the inauguration from the Capitol Rotunda and overflow areas, with 800 able to attend from inside the Rotunda.
About 1,300 can attend in the Emancipation Hall, and 500 can watch from the theater in the Capitol Visitor Center.
— ABC News’ Justin Gomez and Allison Pecorin
Trump will rename Gulf of Mexico the ‘Gulf of America’ among 1st actions
Among the first executive orders set to be signed by President-elect Donald Trump will be an order to rename the Gulf of Mexico as the “Gulf of America.”
During his January press conference at Mar-A-Lago, Trump declared he would change the name, saying it’s currently run by cartels and that “it’s ours.”
“We’re going to be changing the name of the Gulf of Mexico to the Gulf of America, which has a beautiful ring that covers a lot of territory, the Gulf of America,” Trump said. “What a beautiful name. And it’s appropriate. It’s appropriate. And Mexico has to stop allowing millions of people to pour into our country.”
Presidents have the authority to rename geographic regions and features via executive order.
-ABC News’ John Santucci and Kelsey Walsh
Biden takes selfie with first lady at White House
President Joe Biden snapped a selfie with first lady Jill Biden outside the White House, documenting their final morning in office.
The Bidens will soon host the Trumps for tea and coffee at the White House.
Bidens greet Harris at the White House Vice President Kamala Harris and second gentleman Doug Emhoff have arrived at the White House.
They exchanged handshakes with President Joe Biden and first lady Jill Biden.
The Trumps will soon join Biden at the White House for tea. They have just exited St. John’s Episcopal Church.
Supporters line up outside Capital One Arena before dawn, despite sub-freezing temps
Temperatures in the high teens and low 20s did little to stop Trump supporters from lining up early to attend inauguration events at Capital One Arena.
Those at the front of the line arrived at 3 a.m., despite the fact that Trump was eight hours away from taking the oath, and doors were four hours away from opening.
Thousands were lined up by the time doors opened at 7 a.m.
ABC News spoke with supporters from all over the nation including southern California, Florida, and New York. Many arrived with family members that spanned generations.
ABC News’ Meghan Mistry
Trumps arrive for church service
Donald Trump and Melania Trump have arrived for a church service at St. John’s in Washington, a tradition for presidential inaugurations.
Trump said he’s feeling “great.”
After church, President Biden and first lady Jill Biden will welcome the Trumps to the White House — an invitation that Trump did not offer the Bidens four years ago when he skipped the inaugural events entirely.
First to ABC: Sarah Huckabee Sanders, Tom Homan and Kellyanne Conway to speak at Capital One Arena, per sources
Arkansas Gov. Sarah Huckabee Sanders, “border czar” Tom Homan and Kellyanne Conway will speak at Capital One Arena, per sources familiar with the planning.
Elon Musk will join the speakers list as well.
The president will also swing by the Capital One Arena for the 60th Presidential Inaugural Ceremony Viewing & Parade.
The evening will include the Oval Office Signing Ceremony, followed by the Commander and Chief Ball, Liberty Ball, and Starlight Ball.
— ABC News’ Kelsey Walsh
Members of Trump’s family arrive at St. John’s
Trump is about to leave Blair House for the first event of the day: a service at St. John’s Episcopal Church.
Members of his family, including his children Ivanka Trump and Eric Trump, were seen arriving for the service.
Senior Trump adviser dismisses significance of Biden pardons
Jason Miller, a senior adviser to President-elect Donald Trump, dismissed the significance of President Joe Biden’s preemptive pardons for prominent political figures in an interview with “Good Morning America” on Monday.
“Today is about President Trump and starting to undo some of the disasters from the past four years,” Miller said shortly after the news of Biden’s inauguration day pardons broke.
“I really don’t care about Joe Biden anymore,” Miller added. “This is about the plan of action President Trump is going to start implementing, starting today.”
A preview of Trump’s inaugural address
Excerpts of Trump’s inaugural address, obtained by ABC News, show Trump will call for a “revolution of common sense.”
“I return to the presidency confident and optimistic that we are at the start of a thrilling new era of national success. A tide of change is sweeping the country,” he will say.
Trump will also hint at the sweeping executive action he will take, with as many as 200 orders prepared for Day 1.
“Today, I will sign a series of historic executive orders,” he’ll say. “With these actions, we will begin the complete restoration of America and the revolution of common sense.”
“My message to Americans today is that it is time for us to once again act with courage, vigor, and the vitality of history’s greatest civilization.”
What Trump has said he’ll do on Day 1
Mass deportations, Jan. 6 pardons and tariffs on trade partners. That’s just some of what Trump repeatedly vowed to do immediately after he is sworn into office.
Sources told ABC News Trump is likely to sign executive orders at the U.S. Capitol after his swearing-in and then additional ones later at Capital One Arena.
Separately, top Trump officials told ABC News he is preparing to take more than 200 executive actions on his first day in office.
While plans are still being finalized, sources said they could include declaring a national emergency on the U.S.-Mexico border, rescinding any DEI directives from the Biden administration and offsetting limits for offshore drilling on federal land.
Biden’s attendance restores hallmark of American democracy
After a bitter 2024 campaign, Biden will put politics aside and stand near his successor as he takes the presidential oath spelled out in the Constitution.
The gesture is a tradition of American democracy, but especially notable given that Trump skipped Biden’s inauguration four years ago after refusing to concede.
Still, Biden made sure to issue a final warning to Americans before he left office to be vigilant against potential abuses of power ahead.
“Today, an oligarchy is taking shape in America of extreme wealth, power, and influence that literally threatens our entire democracy, our basic rights and freedoms, and a fair shot for everyone to get ahead,” he said in his farewell address. “We see the consequences all across America.”
How to watch Trump’s inauguration
ABC News will have comprehensive coverage of the inauguration throughout the day.
Trump is expected to begin his day with a service at St. John’s Episcopal Church and a private tea at the White House before his swearing-in ceremony at noon in the Capitol Rotunda.
The network’s coverage will begin with a special edition of “Good Morning America” at 7 a.m. EST, followed by a day-long special report beginning at 9 a.m. EST and led by “World News Tonight” anchor and managing editor David Muir from Washington.
Inauguration coincides with MLK Day
Trump’s second swearing in is occurring on Martin Luther King Jr. Day.
The last time that happened was former President Barack Obama’s second inauguration in 2013. Obama, the nation’s first Black president, took the oath of office that year using two Bibles, one that belonged to King and one that belonged to Abraham Lincoln.
The overlap isn’t expected to happen again until 2053.
Fauci, Milley react to preemptive pardons from Biden
Following Biden’s announcement of preemptive pardons to potential targets of the incoming Trump administration, the recipients express their gratitude to the outgoing president.
“I really truly appreciate the action President Biden has taken today on my behalf,” Dr. Anthony Fauci told ABC News Chief Washington Correspondent Jonathan Karl. “Let me be perfectly clear, Jon, I have committed no crime, you know that, and there are no possible grounds for any allegation or threat of criminal investigation or prosecution of me.”
Retired Gen. Mark Milley also expressed that he was “deeply grateful for the President’s action.”
“After forty-three years of faithful service in uniform to our Nation, protecting and defending the Constitution, I do not wish to spend whatever remaining time the Lord grants me fighting those who unjustly might seek retribution for perceived slights. I do not want to put my family, my friends, and those with whom I served through the resulting distraction, expense, and anxiety.”
“I wish this pardon weren’t necessary, but unfortunately, the political climate we are in now has made the need for one somewhat of a reality,” said Harry Dunn, former Capitol Police officer. “I, like all of the other public servants, was just doing my job and upholding my oath, and I will always honor that.”
