New York Times: Trump Declares Dubious Emergencies to Amass Power, Scholars Say

In disputes over protests, deportations and tariffs, the president has invoked statutes that may not provide him with the authority he claims.

To hear President Trump tell it, the nation is facing a rebellion in Los Angeles, an invasion by a Venezuelan gang and extraordinary foreign threats to its economy.

Citing this series of crises, he has sought to draw on emergency powers that Congress has scattered throughout the United States Code over the centuries, summoning the National Guard to Los Angeles over the objections of California’s governor, sending scores of migrants to El Salvador without the barest hint of due process and upending the global economy with steep tariffs.

Legal scholars say the president’s actions are not authorized by the statutes he has cited and are, instead, animated by a different goal.

“He is declaring utterly bogus emergencies for the sake of trying to expand his power, undermine the Constitution and destroy civil liberties,” said Ilya Somin, a libertarian professor at Antonin Scalia Law School who represents a wine importer and other businesses challenging some of Mr. Trump’s tariffs.

https://www.nytimes.com/2025/06/10/us/politics/trump-emergency-powers-invasion.html?unlocked_article_code=1.N08.tEO-.S_2DmAE6Yws9&smid=url-share

Trump’s crackdown on LA protests is pure hypocrisy – and incredibly dangerous

America surely cannot withstand three and a half more years of this

Donald Trump has ordered the National Guard to enter Los Angeles in their thousands, in a move with the potential to set off the biggest domestic political crisis the US has faced since Trump’s supporters attempted an insurrection in Washington DC in 2021.

The very fact of deploying the National Guard is striking in itself, but it is the circumstances surrounding Trump’s Saturday night decision to do so that are particularly extraordinary. Foremost among those is that no-one has asked for the help of the National Guard, and there is no obvious crisis in LA for them to solve.

The United States is both a nation and a coalition of 50 states. This is something that’s easy to forget when looking at the USA from overseas, but it is fundamental: city and state governments matter, and so do the choices they make. States’ rights – the freedom of each State to make its own choices, except where the Constitution says something is a federal matter – are usually a fundamental rallying call for Republicans. And those states’ rights usually mean that the federal government doesn’t send troops into a state unless they have been requested.

And yet Trump has ordered at least 2,000 National Guardsmen into the Californian city after three days of protests against Immigration and Customs Enforcement (ICE) officials. ICE had deployed tear gas and non-lethal munitions against the protests, but in a statement late on Saturday evening, Los Angeles Police Department issued a statement confirming the protests “remained peaceful” and “concluded without incident”. While some turbulence on the streets escalated in the evening, LA’s police also stressed they were in a “heightened readiness posture” and “ready to ensure the continued safety of communities”.

LA’s police, in short, are saying the protests are largely peaceful and they are able to handle them. The protests have occurred because of the actions of ICE, who are engaging in aggressive immigration raids across LA despite it being a “sanctuary city”, a term for a city in which laws have been passed barring all state officials and law enforcement from aiding immigration authorities. ICE was acting in an inflammatory way against the will of local voters, and was facing protest as a result.

In his executive memorandum ordering in the troops, Donald Trump said that those peaceful protests “constitute a form of rebellion against the authority of the Government of the United States” – using this as a justification for the first non-consensual deployment of federal troops in this way since the civil rights clashes in the South. As if all of this wasn’t enough, Trump’s defence secretary (and former Fox News presenter) Pete Hegseth threatened to send in Marines to LA – a move California’s governor Gavin Newsom has rightly called “deranged”.

The dangers of Trump’s unprecedented escalation here should be obvious to anyone: the federal government has no business sending armed troops where they are neither needed nor wanted. Should things escalate into violence, it would be the federal government who poured petrol onto the fire. When armed troops are on the streets and top government officials are fanning the flames, people can easily be killed – and events can spiral.

But the blazing hypocrisy of Trump and his top officials should stand out, too. One of Trump’s first actions on regaining the presidency in January was pardoning thousands of insurrectionists who participated in a violent invasion of Congress – including those who assaulted police. Now, mere months later, Trump claims to be so outraged by peaceful protest, which is protected by the First Amendment of the US constitution, that he is deploying troops against them.

This risks a full-scale collapse of the USA’s already crumbling political norms. Trump has pardoned his own supporters for violent insurrection even as he deploys armed soldiers against his political opponents. This is the behaviour of dictators, not democratic leaders. It is a sign of a society reaching its breaking point.

It has to be hoped that cooler heads prevail and manage to pull this particular crisis back from the brink. The people who actually make up the National Guard are not fanatics: they signed up to help their nation during crises, not to be a private army for a dictatorial president. California’s government and senior law enforcement officials will be trying to find ways to deploy troops that don’t risk escalating the situation. As always happens when Donald Trump is president, people will be working quietly to try to save America from the man leading it.

Hopefully America’s luck will hold and they will be successful – but as Trump embraces his tyrannical impulses ever more openly, there are fewer and fewer people around him with either the ability or the inclination to hold him back.

The citizens of Los Angeles were protesting against Trump’s unlawful use of the federal agency ICE to deport their friends and neighbours. For that, they are being called rebels against the state, and facing its military force. However the mess Trump has made in LA ends, America surely cannot withstand three and a half more years of this.

https://archive.is/LuOnt#selection-1999.0-2015.340

Associated Press: The 911 presidency: Trump flexes emergency powers in his second term

Despite insisting that the United States is rebounding from calamity under his watch, President Donald Trump is harnessing emergency powers unlike any of his predecessors.

Whether it’s leveling punishing tariffs, deploying troops to the border or sidelining environmental regulations, Trump has relied on rules and laws intended only for use in extraordinary circumstances like war and invasion.

An analysis by The Associated Press shows that 30 of Trump’s 150 executive orders have cited some kind of emergency power or authority, a rate that far outpaces his recent predecessors.

The result is a redefinition of how presidents can wield power. Instead of responding to an unforeseen crisis, Trump is using emergency powers to supplant Congress’ authority and advance his agenda.

“What’s notable about Trump is the enormous scale and extent, which is greater than under any modern president,” said Ilya Somin, who is representing five U.S. businesses who sued the administration, claiming they were harmed by Trump’s so-called “Liberation Day” tariffs.

https://apnews.com/article/trump-emergency-powers-tariffs-immigration-5cbe386d8f2cc4a374a5d005e618d76a

The Hill: Why are ICE agents running amok? Because they can. 

As the Trump administration pushes for more mass deportations, law enforcement officers from the Department of Homeland Security are suddenly everywhere. 

In San Diego, Homeland Security officers conducted a SWAT-style raid on a restaurant, handcuffing 19 employees over an hour and slamming the manager against a wall in the process. Eventually, they arrested four people. The raid was so heavy-handed that the officers had to deploy flashbang grenades to escape from the angry crowd that gathered in response.

Even members of Congress aren’t safe. Last week, Homeland Security officers forced their way into Rep. Jerry Nadler’s (D) New York office without a warrant. When one of the staffers protested, she was handcuffed and detained

The cases you hear about are only the tip of the iceberg. Federal officers are fanning out across the country, conducting raids, traffic stops, even scooping people up at courthouses when they appear for immigration hearings and carting them away in leg irons and shackles — harsh treatment that you seldom see even when felons are arrested. 

This heavy-handedness and cruelty isn’t a glitch — it’s intentional, as Secretary of the Department of Homeland Security Kristi Noem and Tom Homan, President Trump’s border czar, attempt to frighten immigrants into leaving the country. Even legal residents and American citizens are getting caught up in the crackdown.

And the worst part is, while things like barging into a congressman’s office and detaining his staffers aren’t legal, there is nothing anyone can do about it. If Immigration and Customs Enforcement agents force their way into your house without a warrant, slap you around and detain your family at gunpoint while conducting an illegal search, you have no way of getting your constitutional claims into federal court. As a practical matter, these agents are above the law and cannot be held accountable for violating your constitutional rights. 

https://thehill.com/opinion/immigration/5335758-homeland-security-raid-immigration

CNN: Trump returns to Supreme Court with emergency appeal over mass firings

The Trump administration returned to the Supreme Court on Monday to ask the justices to reverse a lower court order that has blocked mass firings and major reorganizations at federal agencies, a case that could have enormous implications for the president’s power to reshape the federal government.

The latest emergency appeal involving President Donald Trump’s second term to reach the Supreme Court followed an order last week from the 9th US Circuit Court of Appeals that kept on hold Trump’s plans for the sweeping layoffs – known as reductions in force, or RIFs.

Loser Trump has lost at the first two levels (district court & court of appeals); let’s make it 3 for 3!

https://www.cnn.com/2025/06/02/politics/trump-returns-to-supreme-court-with-emergency-appeal-over-mass-firings

The Atlantic: The Unconstitutional Conservatives

Not too long ago, Republicans believed in the rule of law, limiting the power of government, and protecting individual liberty. Then came Donald Trump.

In one of his first official acts, Trump granted clemency to more than 1,500 people charged in connection with the violent attack on the Capitol on January 6, 2021, including those convicted of seditious conspiracy.The president and his family are engaging in a level of corruption that was previously unfathomable. And he and his administration have shown no qualms about using the federal government to target private companieslaw firms, and universitiessuing news organizations for baseless reasons; and ordering criminal probes into former administration officials who criticized Trump.

The Trump administration is a thugocracy, and the Republican Party he controls supports him each step of the way. Almost every principle to which Republicans once professed fealty has been jettisoned. The party is now devoted to the abuse of power and to vengeance.

The significance of this shift can hardly be overstated. A party that formerly proclaimed allegiance to the Constitution and the rule of law, warned about the concentration and abuse of power, and championed virtue, restraint, and moral formation has been transmogrified. The Republican Party now stands for everything it once loathed.

https://www.theatlantic.com/ideas/archive/2025/05/trump-unconstitutional-conservative-republican/682987

SF Gate: ICE stormed SF court to arrest 4 asylum seekers, denounced as unlawful

Four asylum seekers were detained by federal agents on Tuesday at San Francisco Immigration Court, a move the Department of Homeland Security has portrayed as part of a broader return to “the rule of law” but that immigration attorneys have called unconstitutional and unprecedented in U.S. history. 

According to the San Francisco Bar Association, the individuals were arrested by U.S. Immigration and Customs Enforcement in two separate sweeps, one in the morning and one in the afternoon, while attending hearings to claim asylum. All four had pending asylum applications.

“It’s a clear violation of the Constitution and due process rights,” Milli Atkinson, an immigration attorney with the SF Bar Association’s Attorney of the Day program, told SFGATE. Association members were at the courthouse when ICE swept in during the morning and were advocating for one of the detainees.

Atkinson added that ICE had already determined at the time of arrest that each individual should pursue asylum before a judge – a legal process outlined by Congress. She argued that the agency is now attempting to reverse course by claiming a change in circumstances, a justification she described as unfounded.

Under federal law, those eligible for asylum are permitted to stay in the U.S. while their applications are reviewed by an immigration judge. Atkinson said Tuesday’s arrests short-circuited that process. 

https://www.sfgate.com/bayarea/article/asylum-seekers-arrested-ice-san-francisco-20349387.php

Alternet: Trump-capitulating law firms keep losing in a bad deal that is becoming worse by the day | Opinion

Trump Loses Again

In a 52-page opinion, U.S. District Court Judge John D. Bates—a 2001 appointee of President George W. Bush—rejected the Justice Department’s effort to defend Trump’s executive order targeting Jenner & Block. Trump’s own words doomed it:

Like the others in the series, this order—which takes aim at the global law firm Jenner & Block—makes no bones about why it chose its target: It picked Jenner because of the causes Jenner champions, the clients Jenner represents, and a lawyer Jenner once employed. (Jenner & Block v. U.S. Department of Justice, et al. Civil Action No. 25-916 (JDB) p. 1)

The court left no doubt that Trump had violated the Constitution:

Going after law firms in this way is doubly violative of the Constitution. Most obviously, retaliating against firms for the views embodied in their legal work—and thereby seeking to muzzle them going forward—violates the First Amendment’s central command that government may not “use the power of the State to punish or suppress disfavored expression.” (Id.; citations omitted.)

Describing how Trump’s actions undermine democracy, Judge Bates previewed the fate awaiting similar orders:

This order, like the others, seeks to chill legal representation the administration doesn’t like, thereby insulating the Executive Branch from the judicial check fundamental to the separation of powers. It thus violates the Constitution and the Court will enjoin its operation in full. (Id.; emphasis supplied.)

The firms that challenged Trump remain undefeated in the courtroom.

https://www.alternet.org/trump-law-firms-2672221371

Reason: ‘Banal Horror’: Asylum Case Deals Trump Yet Another Loss on Due Process

President Trump is entitled to try to execute his immigration policy. He is not entitled, however, to violate the Constitution.

The Trump administration this week formally agreed to comply with a ruling that ordered it to facilitate the return of a migrant who was unlawfully deported—in what was another loss for the government as it attempts to subvert basic due process rights in immigration proceedings.

The migrant—named in court documents as O.C.G., who has no criminal history—arrived in the U.S. in May 2024 and sought asylum. An officer agreed he had a credible fear of persecution and torture if returned to Guatemala; a judge assented as well and granted him withholding of removal to that country.

During his proceedings, when he asked if he might be sent to Mexico, a judge replied: “We cannot send you back to Mexico, sir, because you’re a native of Guatemala.” Deportations to a nonnative country legally require, at a minimum, additional steps in the process.

That was particularly relevant to O.C.G.’s case, because, as he testified in court, he claims to have been held for ransom and raped while passing through Mexico, securing release only after a family member paid the sum. Yet two days after his withholding of removal was granted, the government unlawfully deported him—without a chance to contest it—to Mexico, after which he returned to Guatemala, where his attorneys say he lives in hiding and in fear of serious harm.

https://reason.com/2025/05/29/banal-horror-asylum-case-deals-trump-yet-another-loss-on-due-process

Newsweek: Veteran’s daughter living in US 48 years locked up by ICE

President Donald Trump‘s immigration enforcers have reportedly arrested the daughter of a U.S. veteran.

Alma Bowman, 58, was taken into custody by Immigration and Customs Enforcement (ICE) in March during a scheduled check-in at its Atlanta field office, according to Atlanta News First. She has been living in the country since she was 10 years old.

Her father, Lawrence Bowman, a U.S. Navy service member from Illinois, was stationed in the Philippines during the Vietnam War. Alma Bowman was born in the Philippines in 1966, and her family relocated to the United States a decade later. She has lived in Macon, Georgia, for almost 50 years.

Certain legal provisions allow for the extension of citizenship to family members of individuals who have served in the U.S. military.

https://www.newsweek.com/alma-bowman-veteran-daughter-detained-ice-immigration-2077893