As Trump’s goons continue their attempt to intimidate the judiciary, the judges are fighting back. Actually, that’s not quite accurate. Judges don’t need to fight or even file claims. Judges simply rule. And yesterday, Chief Judge John J. McConnell, Jr. of the U.S. District Court of Rhode Island, ruled that his prior Temporary Restraining Order (TRO, for short) was an actual, bonafide judicial order and not a mere suggestion.
What happened?
Just a couple days ago, the Court ordered the Trump Administration to un-freeze the frozen federal funding (how’s that for an alliteration?), on the grounds that “Federal agencies cannot pause, freeze, impede, block, cancel, or terminate any awards or obligations on the basis of the OMB Memo, or on the basis of the President’s recently issued Executive Orders.” The Court found sufficient evidence that such an emergency action was necessary (i.e., evidence showed that a blanket, abrupt end to federal funding causes irreparable harm and is, most likely, unconstitutional).
Then what happened?
The Defendants, including Trump and various administrators he hand-selected, such as real-life Cruella de Vil Kristi (the “i” is pronounced like the “e” in “evil”) Noem, IGNORED THE ORDER. Yep, they kept freezing the funds.
Folks, I have been in court when negligent fathers don’t show up with $212 in child support; the judges are livid. And have you ever attempted to evade a juror summons? I hope not, because you will go to jail.
In other words, ignoring a Court order is NOT NORMAL. And the states knew it, and they filed a motion to enforce the order.
NOW what’s gonna happen?
It’s unclear what happens next, but Judge McConnell wrote a five-page opinion setting expectations:
First, the Court acknowledged the TRO was “plain in its language.”
In other words, even lawyers willing to defend Trump can read.
Second, the Court acknowledged the Defendant’s excuse (“rooting out fraud”), and quickly shut it down, writing, “But the freezes in effect now were a result of the broad categorial order, not a specific finding of possible fraud.” The Court also offered the Defendants an opportunity to request “targeted relief from the TRO” if they can show “a specific instance where they are acting in compliance with this Order but otherwise withholding funds due to specific authority.”
In other words, don’t gaslight the Court.
Third, the Court acknowledged that the freezing of funds “continues to cause irreparable harm to a vast portion of this country.”
In other words, Mr. President, Goons … your pig has lipstick on it.
Finally (and this is the best part!), the Court acknowledged that nobody … not the President, not Kristi, not Elon, and not the people Elon paid to be his friends and late-night Fascist Hackathoners, is above the law, citing one case, Maness v. Meyers:
[It is a] basic proposition that all orders and judgments of courts must be complied with promptly. … Persons who make private
determinations of the law and refuse to obey an order generally risk criminal contempt even if the order is ultimately ruled incorrect. The orderly and expeditious administration of justice by the courts requires
that an order issued by a court with jurisdiction over the subject matter and person must be obeyed by the parties until it is reversed by orderly and proper proceedings.
The highlight is mine, but the choice of precedent was the Court’s.
Stay tuned.
Update: As of late Tuesday, the Trump administration continues to push on this issue. Trump’s Department of Justice appealed Judge McConnell’s order, asking that the 1st U.S. Circuit Court of Appeals place it on hold (in other words, will you temporarily restrain my temporary restraining order?)
The Court of Appeals declined.