Trump and allies ramp up attacks on judges, courts as agenda hits legal roadblocks
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(WASHINGTON) — As courts block parts of his agenda, President Donald Trump and his allies are ramping up criticism of judges and continuing to question judicial oversight of the executive branch.
While he’s said he would abide by their rulings — but also appeal them — he kept up the effort to undermine the authority of the courts on Wednesday, alleging in a social media post that a “highly political, activist judge” wanted to stop the work of Elon Musk’s Department of Government Efficiency.
Musk’s aggressive and controversial cost-cutting effort has faced several lawsuits, one resulting in his team being temporarily restricted from accessing the Treasury Department’s vast federal payment system containing sensitive information of millions of Americans.
The court action prompted swift rebuke from Musk and Trump’s team. Vice President JD Vance went so far as to suggest judges “aren’t allowed to control the executive’s legitimate power.”
“Maybe we have to look at the judges because I think that’s a very serious violation,” Trump said in the Oval Office on Tuesday afternoon alongside Musk, who defended his team’s work.
White House press secretary Karoline Leavitt continued to blast the courts at Wednesday’s press briefing, claiming “each injunction is an abuse of the rule of law and an attempt to thwart the will of the people.”
“We will comply with the law in the courts, but we will also continue to seek every legal remedy to ultimately overturn these radical injunctions and ensure President Trump’s policies can be enacted,” she said.
The escalating clash between the new administration and the courts has some legal experts sounding the alarm, and is prompting fears of a potential constitutional crisis.
“The entire premise of our constitutional system of limited government of checks and balances and separation of powers involves deference to judicial determinations of what the law says and complying with it. This goes back to the beginning of the republic,” said David Schultz, a constitutional law professor at Hamline University.
Ray Brescia, a professor at Albany Law School, called the theory being pushed by Trump allies that the executive branch should operate free of judicial checks “preposterous.”
“They are velociraptors testing the fence. They’re looking for holes. They’re looking for weaknesses. They’re checking to see where they can push the envelope,” Brescia said of the Trump administration. “I think for now, the system has largely held but we’ll see as these cases get to the appellate courts, and ultimately, many of them are likely to go to the Supreme Court.”
Much of Trump and Musk’s attempt to overhaul the federal government is being met with lawsuits, including the dismantling of USAID and the Consumer Financial Protection Bureau as well as the buyout offer extended to tens of thousands of federal employees.
The key question is how Trump and his officials will respond as the court challenges progress.
In his first term, Trump amended his policies to comply with judicial rulings. One example was what Trump referred to as his “Muslim ban” restricting travel from several countries that have a majority Muslim population, which was rewritten several times before it passed muster with the Supreme Court.
“We thought that administration was so shocking and bending the rules on executive authority and so on, but it turns out to have been nothing compared to this one where it is seriously being discussed and contemplated whether or not the executive branch has a duty to follow the courts,” said Claire Finkelstein, a professor at the University of Pennsylvania Carey Law School.
ABC News Senior Political Correspondent Rachel Scott asked Trump directly on Tuesday: “If a judge does block one of your policies, part of your agenda, will you abide by that ruling? Will you comply?”
“Well, I always abide by the courts and then I’ll have to appeal it. But then what he’s done is he slowed down the momentum,” the president responded.
If that were to ever change, however, it would be uncharted territory in the modern political era with no obvious recourse.
Judges can push back if the administration refuses to comply but their power is limited, experts said. They could hold the administration in contempt, and either impose fines or in extreme cases direct the U.S. Marshals Service to take individuals into custody.
There are complications, though. The U.S. Marshals Service falls under the Justice Department, which is unlikely to go after Trump officials.
“Presidential refusal to comply with court orders undermines the very concept of constitutional order and limited government our country is supposed to respect and if Trump were to refuse to comply, then we have a constitutional problem,” said Schultz.
Early this month, as part of President Donald Trump’s crackdown on illegal immigration, the first flight carrying “high threat” migrants landed at Guantanamo Bay, home of the notorious U.S. prison camp that administration officials said would house the most violent “worst of the worst” migrants apprehended on American soil.
ABC News, however, has spoken with the families of two migrants who say they’re being held there despite having no criminal record.
“President Donald Trump has been very clear: Guantanamo Bay will hold the worst of the worst. That starts today,” said Homeland Security Secretary Kristi Noem after releasing photos of the migrants boarding a C-17 military plane in Texas on Feb 4.
The move followed an executive order by Trump directing the secretaries of the Department of Defense and the Department of Homeland Security to “expand the Migrant Operations Center at Naval Station Guantanamo Bay to full capacity” for “high-priority criminal aliens unlawfully present in the United States.”
“There’s a lot of space to accommodate a lot of people,” Trump said in the Oval Office last month when he signed the order. “So we’re going to use it.”
But in the weeks that have followed, as more migrants have been sent to Guantanamo, immigrant advocacy groups and some relatives of those detained claim the administration has provided no evidence that those detained are “high-threat” — and that people are being sent to the military base without access to legal counsel or the ability to communicate with relatives.
“It’s troubling enough that we are even sending immigrants from the U.S. to Guantanamo, but it’s beyond the pale that we are holding them incommunicado, without access to attorneys, family or the outside world,” said Lee Gelernt, an attorney for the American Civil Liberties Union.
A federal lawsuit, filed in Washington, D.C., last week and backed by the ACLU, says this is the first time in U.S. history that the government has detained noncitizens on civil immigration charges at the U.S. naval base in Cuba.
A DHS spokesperson told ABC News last week that in addition to holding violent gang members and other “high-threat” migrants, the military is also holding other undocumented migrants with final deportation orders.
An ABC News review of 53 Guantanamo detainees whose names were published by The New York Times found federal cases associated with 14 of the names. That number does not account for possible variations in spelling, nor does it include any possible state cases.
According to federal court records, among those cases, one individual was charged with assaulting, resisting, or impeding an officer during a riot at a detention center. Another was charged for allegedly being involved in an “illegal alien smuggling scheme,” and one was charged with “intentionally conspiring to transport” undocumented people in Texas.
In the other federal cases ABC News found, the individuals were charged for entry or illegal reentry into the U.S., a criminal offense.
ABC News spoke with the families of two migrants who are in Guantanamo, who claimed their detained relatives do not have ties to the Venezuelan gang Tren de Aragua or other criminal groups as authorities have alleged.
A senior DHS official told ABC News the two migrants are members of Tren De Aragua, but did not elaborate or offer any details.
“There is a system for phone utilization to reach lawyers,” added the official. “If the AMERICAN Civil Liberties Union cares more about highly dangerous criminal aliens including murderers & vicious gang members than they do about American citizens — they should change their name.”
The family members said they believe their relatives were unfairly targeted because of their tattoos.
“He told us he was being targeted because of his tattoos … he was accused of being part of Tren de Aragua, but that is not true,” said Barbara Simancas, the sister of Jose Rodriguez Simancas who is reportedly one of the migrants in Guantanamo. “His tattoos have nothing to do with that … they are of his children’s names.”
Barbara Simancas told ABC News that her brother last spoke to a relative on Feb. 4 to let them know he was being transferred to the military base in Cuba the next day. She said her brother surrendered to authorities after crossing the southern border last year and claiming asylum, and that he was placed in a detention center in El Paso, Texas.
Barbara Simancas maintains her brother does not have a criminal record and provided to ABC News a criminal background check from Venezuela.
Rodriguez Simancas was charged with “improper entry” into the U.S. in May 2024. Court records obtained by ABC News noted that he has “no criminal history” other than the improper entry to which he pleaded guilty.
Barbara Simancas said she has not been able to get in touch with ICE or DHS since her brother was sent to Guantanamo.
“I just ask the government to send him back to Venezuela,” Simancas said. “His kids are worried. They want to see their dad.”
ABC News also spoke with Jhoan Lee Bastidas, the father of Jhoan Lee Bastidas Paz, who is being held at Guantanamo Bay. He was charged with “improper entry” into the U.S. in November 2023 and pleaded guilty. Court records also indicate he has “no criminal history” besides that charge.
Lee Bastidas told ABC News he found out about his son’s detention when his other son saw a photo on social media of Bastidas Paz on a military flight to Guantanamo.
“When I saw the photo of him, I said ‘Oh my God,'” said Lee Bastidas, who told ABC News that his son’s name was also in the list of Guantanamo detainees published by the Times.
“We’re thinking the worst things because on social media, they say Guantanamo is the worst … that it’s where they house the terrorists,” Lee Bastidas said. “I am tormented.”
(WASHINGTON) — President Donald Trump signed an executive order on Thursday to declassify files related to the assassinations of John F. Kennedy, Robert F. Kennedy and Dr. Martin Luther King.
“That’s a big one,” Trump said as put his signature to the order in the Oval Office. He asked an aide standing nearby to give the marker to Robert F. Kennedy Jr., who he’s nominated to be secretary of Health and Human Services.
Trump has long vowed to make the information public. He released a trove of documents in 2017 related to the 1963 killing of John F. Kennedy but left some of it redacted based on recommendations from the CIA and FBI.
A 1992 law passed by Congress required the release of the JFK files by 2017 unless the president authorized that they be withheld longer.
According to the White House text of the order, Trump has “now determined that the continued redaction and withholding of information” on JFK “is not consistent with the public interest and the release of these records is long overdue.”
“And although no Act of Congress directs the release of information pertaining to the assassinations of Senator Robert F. Kennedy and the Reverend Dr. Martin Luther King, Jr., I have determined that the release of all records in the Federal Government’s possession pertaining to each of those assassinations is also in the public interest,” the order states.
The records, however, will not immediately be made available.
The order gives the director of national intelligence and attorney general 15 days to present a plan to Trump for the “full and complete” release of records for JFK and 45 days for a plan for the RFK and MLK documents.
The Biden administration also released documents related to JFK’s assassination — more than 13,000 of them.
At the time, the National Archives said more than 97% of records in the collection, which contain more than 5 million pages, were publicly available. The CIA also said that 95% of its collection had been released, and that no documents remained entirely redacted.
In 2023, Robert F. Kennedy Jr. called on then-President Joe Biden to release all the files related to his uncle’s assassination.
Last year, as he ran for president first as a Democrat then as an independent before endorsing Trump, RFK Jr. pushed a conspiracy theory that the CIA was directly involved in the assassination of JFK.
When Robert F. Kennedy Jr. stood on stage with Trump in August after making his endorsement, Trump announced he would establish a “a new independent presidential commission on assassination attempts” tasked with releasing “all remaining documents pertaining to President John F. Kennedy’s assassination and other events in question.”
JFK was shot and killed in November 1963 during a visit to Dallas at the hands of Lee Harvey Oswald.
RFK and MLK were killed in 1968. RFK was shot on the night he won the 1968 California Democratic presidential primary by Sirhan Sirhan. King was killed in Memphis, where he was supporting a sanitation workers strike, by James Earl Ray.
“Lot of people are waiting for this for a long — for years and decades,” Trump said as he signed the order on Thursday.
(WASHINGTON) — In some high-stakes political drama, the House of Representatives on Friday voted to reelect House Speaker Mike Johnson to lead the 119th Congress by a razor-thin margin.
Johnson, a Louisiana Republican who ascended to the leadership post in 2023 after the historic ouster of Kevin McCarthy, had secured President-elect Donald Trump’s support as he sought a second term.
But Johnson’s handling of the government spending fight just before Christmas angered some of the GOP’s right flank. Three Republicans initially defected from Johnson during the vote, but two ultimately changed their votes to hand him the gavel.
Trump called GOP holdouts during vote, sources say
President-elect Trump started working the phones following the no votes from GOP Reps. Ralph Norman and Keith Self.
Trump spoke to both Norman and Self, according to sources familiar with the conversations, and shortly after those conversations occurred the two men changed their votes.
Self confirmed he spoke with Trump when he was meeting with Johnson off the floor as the vote was stalled. Self called it a “lively discussion,” when asked if Trump was angry.
Self said his objections were over government spending. He said he changed his vote after the speaker “shored up” the negotiating team for upcoming negotiations on federal budget legislation, which is also expected to include a number of Trump’s legislative priorities.
“And so that’s all I wanted to do today, was to make this Congress successful.”
-ABC News’ Jay O’Brien and Katherine Faulders
Johnson handed speaker’s gavel
After nearly 20 minutes of remarks, House Minority Leader Hakeem Jeffries passed the gavel to Johnson.
“I’m grateful for this election, the confidence that this chamber has placed in me,” Johnson said. “It is the great honor of my life to serve this body with all of you.”
Jeffries says Democrats want bipartisanship but will fight ‘far-right extremism’
Democrat Hakeem Jeffries, the House minority leader, addressed the chamber just after Johnson’s victory.
Jeffries began by urging bipartisanship in the new Congress to address issues top of mind for Americans like high prices on everything from groceries to childcare costs.
But Jeffries said at the same time, Democrats would “push back against far-right extremism whenever necessary.”
Democrats frequently cheered during his remarks, though Republicans broke out in applause when he said the American people elected Trump as the 47th president.
“Thank you for that very generous applause,” Jeffries said before taking a swipe at some of his GOP colleagues. “It’s okay. There are no election deniers on our side of the aisle.”
Johnson wins speakership on 1st round after last-minute vote changes
Johnson staved off a failure in the first round of voting to win a second term as speaker.
After nearly two hours, Johnson secured the 218 necessary votes.
At first, he appeared on track to lose with three Republicans voting for someone else.
But after leaving the chamber to huddle with defectors, two lawmakers changed their votes to hand him the gavel.
House Republicans stood and gave Johnson a standing ovation as his win was announced.
Two GOP defectors change their vote to Johnson
Reps. Ralph Norman and Keith Self changed their votes to Johnson, which would bring him to the 218 needed to be speaker.
Johnson exits chamber as vote remains open
As lawmakers waited for the final House vote to be called, Johnson was seen huddling with various lawmakers, including Reps. Dusty Johnson, Tim Burchett, and Nancy Mace.
He also was spotted talking with other GOP leaders like House Majority Leader Steve Scalise and House Republican Conference Chair Lisa McClain, who nominated him for speaker.
He ultimately walked out of the chamber before the vote closed.
Johnson appears on track to lose 1st round
With three defections so far, Johnson appears on track to lose this first round of voting.
Rep. Keith Self, a Texas Republican, is the third Republican to vote for another candidate. He cast his ballot for Florida Rep. Byron Donalds.
However, members can still change their votes as the roll call is ongoing.
Another Republican defects from Johnson
South Carolina Rep. Ralph Norman just voted for Ohio Rep. Jim Jordan, the chairman of the House Judiciary Committee.
Norman is the second Republican to vote for someone else besides Johnson.
Rep. Thomas Massie is 1st Republican to not vote for Johnson
As expected, Rep. Thomas Massie of Kentucky did not vote for Johnson.
Instead, Massie cast his ballot for Minnesota Rep. Tom Emmer, who currently serves as the House majority whip.
Several GOP hard-liners withholding vote for now
Rep. Andy Harris of North Carolina, chairman of the House Freedom Caucus, did not respond when his name was called to vote.
He is one of several Republican holdouts who did not reply when called.
Magic number for Johnson is 218
433 members recorded their presence for the quorum call but Rep.-elect Hank Johnson of Georgia, a veteran Democratic lawmaker, has arrived and can now vote for a speaker.
That means 434 members are voting, leaving Johnson with 218-vote threshold to retain the gavel — unless any members vote present. So far, none has.
All 215 Democrats are expected to uniformly support Jeffries for speaker.
1st round of voting begins
The first round of voting has begun. There are 434 members present for this vote.
Pete Aguilar nominates Hakeem Jeffries
House Democratic Caucus Chair Pete Aguilar has nominated Minority Leader Hakeem Jeffries for speaker.
Democrats are expected to support Jeffries throughout the speaker showdown.
Democratic Whip Katherine Clark told ABC News just before the House convened that Democrats would not cross party lines to help bail out Johnson, should he need it.
“Today I rise on behalf of the governing majority of the House of Representatives,” Aguilar said in his speech, a nod to Democrats helping Republicans pass funding bills and avoid shutdowns in the previous Congress.
Lisa McClain nominates Johnson for reelection as speaker
House Republican Conference Chair Lisa McClain rose to give the nominating speech for Johnson after the quorum call.
“On Nov. 5, the American people gave us a great opportunity to get America back on the right track … And ladies and gentleman, today we have the opportunity to do just that,” she said, prompting cheers from GOP members.
She praised Johnson, saying he was given a tough task when he took over for McCarthy in late 2023.
“No speaker is perfect, and no one will ever be, however, achieving perfection requires incremental gains and hard decisions along the way,” she said.
Johnson outlines new commitments ahead of high-stakes vote
Just before voting is set to start, Johnson posted a lengthy statement on X about how he plans to deliver on fiscal responsibility if elected.
He said as speaker, he would commit to creating a working group of independent experts to work with House committees and the “Department of Government Efficiency” — an outside government group to be led by Trump allies Elon Musk and Vivek Ramaswamy.
Those experts, he said, will be tasked with reviewing existing audits of federal agencies and issuing a report to his office that he will make public.
Johnson also pledged to request House committees “undertake aggressive authorizations and appropriations reviews, including providing additional resources where needed, to expose irresponsible or illegal practices and hold agencies/individuals accountable that have weaponized government against the American people.”
Democrats cheer as Nancy Pelosi returns to Capitol after hip surgery
Former House Speaker Nancy Pelosi, who just underwent a hip surgery after falling during a congressional delegation trip abroad, is present for Friday’s vote.
Democrats clapped and cheered when she briefly walked into the chamber.
Pelosi was seen on the House floor without crutches.
In a social media post, Pelosi said she was “proud” to return the Capitol to support Hakeem Jeffries, the House minority leader, for speaker.
Johnson brushes off possibly losing on 1st round
Johnson told ABC News’ Jay O’Brien if he loses on the first ballot, it says “nothing.”
“It’s a part of the process but I expect that we will get it done,” Johnson said before entering the House chamber for the speaker’s vote.
Johnson said he believes he will gain the votes today to win, trying to project confidence while walking with a swarm of reporters.
“We have to get this job done and unify the conference,” Johnson said, adding “And I’m here for the long haul.”
House kicks off opening day of 119th Congress
The House has gaveled in for the official start of the new Congress.
After a call to order and opening prayer, the House will begin an electronic vote to establish a quorum. Attendance is a critical factor for Johnson, who is navigating a historically tight House majority as he seeks another term as speaker.
Speaker vote also a test for Trump
Trump appears to be working the phones ahead of the high-stakes vote.
In an interview with CNN, Trump confirmed he’s been in touch with Republican holdouts.
ABC News previously reported Trump and his team were working to strike a deal with Rep. Chip Roy of Texas, an influential member of the House Freedom Caucus who remains undecided on Johnson.
“Chip Roy will do what’s right for the country,” Trump said during a phone interview with CNN.
What happens if the House can’t elect a speaker
The House can’t conduct any business without a speaker, including swearing in members.
If the chamber can’t come to an agreement before Monday, the certification of Trump’s 2024 election victory could be thrown into chaos.
The House and Senate will convene on Jan. 6 for a joint session of Congress for a finalization of the results of the presidential race, a constitutionally mandated responsibility for lawmakers.
Johnson insists he’s not making deals for the gavel
Despite days of closed-door meetings with Republican holdouts, Johnson insists he’s not cutting any deals to win them over.
“My simple message to my colleagues is make suggestions about process and improvements. We are open to that at all times. But I don’t make deals with anyone,” he said.
“There’s no quid pro quo here,” Johnson added. “I don’t do anything in exchange for a vote other than commit to make this institution work as effectively and efficiently as possible.”
In the previous Congress, McCarthy was forced to meet Republican hardliner demands to be elected speaker after a four-day voting process. One of those demands — a lower threshold to bring a motion to vacate — led to his downfall just seven months later when he was forced out of leadership by a small group of GOP members.
Johnson’s message to GOP: ‘We don’t have time for drama’
Johnson had a simple message for his conference ahead of the vote.
“We don’t have time for drama,” Johnson told reporters.
Johnson said he was speaking with members and urging them to be unified so they can quickly get to work on Trump’s agenda.
“This election is not just about one person. It’s about moving forward with the America First agenda. A mandate was given by the American people — the electorate — President Trump got 77 million votes. The House Republicans got almost 75 million. Thats a record number. They are expecting us to get to work,” Johnson added.
What Johnson is thinking
Johnson expressed confidence in winning the speaker vote as he entered the Capitol on Friday.
Asked by ABC News if he will be successful in the first round, he replied: “I think so.”
But privately, House leadership sources say they’re also preparing for the very real possibility of a bruising floor fight, going multiple rounds of voting.
In 2023, it took McCarthy 15 rounds of voting and several concessions to be elected speaker.
Johnson has been adamant he won’t make any backroom deals to keep his job. And moderate Republicans have been publicly cautioning Johnson against giving too much away to the further-right undecided votes.
-ABC News’ Jay O’Brien
Trump wishes Johnson luck
Trump is doubling down on his support for Johnson, and said a victory for Johnson would be a “big win for the Republican Party.”
“Good luck today for Speaker Mike Johnson, a fine man of great ability, who is very close to having 100% support,” Trump wrote in an early morning post on his social media platform.
“A win for Mike today will be a big win for the Republican Party, and yet another acknowledgment of our 129 year most consequential Presidential Election!! – A BIG AFFIRMATION, INDEED. MAGA!”
How the House speaker vote works
The House will meet at 11:00 a.m. for legislative business and then officially convene for the start of the 119th Congress at 12:00 p.m.
At noon, there will be a quorum call to determine how many members are present and voting. With the GOP’s razor-thin majority in the House, Johnson needs almost every Republican vote to win.
The election for speaker is expected to take place between 12:45 p.m. and 1:00 p.m.
Read more about what will happen on the first day of the new Congress here.
Johnson’s future uncertain as he fights for reelection
Johnson has publicly expressed confidence that he will retain the speaker’s gavel, but spent the final day before the vote on Capitol Hill meeting with Republican holdouts.
Several House Freedom Caucus members were spotted at his office, many leaving the hourslong meeting dodging questions from reporters. The few who did speak said they thought they were making progress but none had committed to voting for Johnson.
Meanwhile, Trump’s team and the president-elect himself were working behind the scenes this week to strike a deal with one GOP hardliner in particular — Rep. Chip Roy of Texas — sources told ABC News.
