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		<title>Trump DOJ targets Wikipedia&#8217;s &#8216;propaganda,&#8217; nonprofit status</title>
		<link>https://homesafetytechpros.com/trump-doj-targets-wikipedias-propaganda-nonprofit-status/</link>
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		<dc:creator><![CDATA[homesafetytechpros]]></dc:creator>
		<pubDate>Sun, 27 Apr 2025 19:02:07 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump speaks in the Roosevelt Room of the White House in Washington, Monday, March 3, 2025 (Pool via AP). President Donald Trump‘s top prosecutor in Washington, D.C., has sent a letter to the nonprofit behind Wikipedia — the free online encyclopedia “anyone can edit,” according to the website — accusing it of “masking [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-doj-targets-wikipedias-propaganda-nonprofit-status/">Trump DOJ targets Wikipedia&#8217;s &#8216;propaganda,&#8217; nonprofit status</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_511841" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-511841" class="size-full wp-image-511841" src="https://am21.mediaite.com/lc/cnt/uploads/2025/03/AP25062810382860-1.jpg" alt="Donald Trump raises his right hand." width="1200" height="627"/></p>
<p id="caption-attachment-511841" class="wp-caption-text">President Donald Trump speaks in the Roosevelt Room of the White House in Washington, Monday, March 3, 2025 (Pool via AP).</p>
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<p><a href="https://lawandcrime.com/high-profile/just-deported-a-u-s-citizen-trump-appointed-judge-gives-admin-the-chance-to-dispel-strong-suspicion-that-louisiana-born-girl-2-was-removed-with-no-meaningful-process/" target="_blank" rel="noopener">President Donald Trump</a>‘s top prosecutor in <a href="https://lawandcrime.com/tag/washington-d-c/" target="_blank" rel="noopener">Washington, D.C.</a>, has sent a letter to the nonprofit behind <a href="https://lawandcrime.com/awkward/giuliani-gets-blasted-after-tweeting-wikipedia-quote/" target="_blank" rel="noopener">Wikipedia</a> — the free online encyclopedia “anyone can edit,” according to the <a href="https://en.wikipedia.org/wiki/Wikipedia:About" target="_blank" rel="noopener">website</a> — accusing it of “masking propaganda that influences public opinion” and “permitting information manipulation” in benefit of “foreign powers,” the letter says.</p>
<p><a href="https://lawandcrime.com/high-profile/egregiously-unqualified-political-hack-former-us-attorneys-eviscerate-ed-martin-with-over-100-voicing-opposition-to-trumps-selection-of-him-as-dcs-top-prosecutor/" target="_blank" rel="noopener">Ed Martin</a>, who is the president’s nominee to oversee the U.S. Attorney’s Office for the <a href="https://lawandcrime.com/high-profile/no-mere-technical-violation-trumps-cabinet-members-trying-to-shield-their-actions-from-public-scrutiny-with-continued-use-of-auto-deleting-signal-group-chats-watchdog-alleges/" target="_blank" rel="noopener">District of Columbia</a>, wrote that the <a href="https://lawandcrime.com/high-profile/worthy-of-a-3-year-old-trump-administration-shredded-over-temper-tantrum-behavior-in-perkins-coie-case-that-firm-blasts-as-national-insecurity/" target="_blank" rel="noopener">Justice Department</a> would be probing the “content manipulation” to see if Wikimedia Foundation was “engaging in a series of activities” that could violate its “obligations under Section 501(c)(3) of Title 26 of the United States Code,” which is what ultimately gives the organization its ability to operate as a nonprofit exempt from paying taxes.</p>
<p>“Wikipedia is permitting information manipulation on its platform, including the rewriting of key, historical events and biographical information of current and previous American leaders, as well as other matters implicating the national security and the interests of the United States,” Martin alleged.</p>
<p>“Masking propaganda that influences public opinion under the guise of providing informational material is antithetical to Wikimedia’s ‘educational’ mission,” the interim U.S. attorney said. “In addition, Wikipedia’s operations are directed by its board that is composed primarily of foreign nationals, subverting the interests of American taxpayers. Again, educational content is directionally neutral; but information received by my Office demonstrates that Wikipedia’s informational management policies benefit foreign powers.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The letter, which was first reported by <a href="https://www.thefp.com/p/trump-prosecutor-threatens-wikipedia" target="_blank" rel="noopener">The Free Press</a> on Friday, brought up issues that have been raised recently by other organizations, including the Anti-Defamation League, which <a href="https://www.adl.org/resources/press-release/new-adl-report-finds-evidence-biased-coordinated-campaign-wikipedia-related" target="_blank" rel="noopener">accused Wikipedia</a> of being an online channel for “widespread antisemitic and anti-Israel bias” in March.</p>
<p>“Wikipedia is one of the last places online that shows the promise of the internet, housing more than 65 million articles written to inform, not persuade,” the Wikimedia Foundation told <a href="https://www.washingtonpost.com/technology/2025/04/25/wikipedia-nonprofit-ed-martin-letter/" target="_blank" rel="noopener">The Washington Post</a> in a statement Friday, declining to address the Martin letter specifically. “Our vision is a world in which every single human can freely share in the sum of all knowledge,” the nonprofit added.</p>
<p>Wikipedia has been criticized by people — including Trump ally and unofficial DOGE leader Elon Musk — as of late for allowing what many have perceived to be “woke” information about current events and topics to be edited in.</p>
<p>“Stop donating to Wokepedia,” Musk <a href="https://x.com/elonmusk/status/1871443771424116954?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1871443771424116954%7Ctwgr%5E6e07789c4f90d121f08211dbf23c5adaaa09a58c%7Ctwcon%5Es1_&amp;ref_url=https%3A%2F%2Fwww.snopes.com%2Ffact-check%2Felon-musk-stop-donating-wikipedia%2F" target="_blank" rel="noopener">posted on X</a> in December 2024.</p>
<p>Wikipedia editor Molly White told The Post she viewed Martin’s letter as the Trump administration “weaponizing laws to try to silence high-quality independent information.”</p>
<p>White <a href="https://x.com/molly0xFFF/status/1915893488505524428" target="_blank" rel="noopener">wrote</a> on X, “Not to tell anyone how to do their jobs or anything but if i was a US attorney i might not write whole letters laying out how i was targeting nonprofits specifically for first amendment protected activities.”</p>
<p>Attempts by Law&amp;Crime to reach the DOJ and Wikimedia Foundation for comment on Sunday were not immediately successful.</p>
<p><strong><a href="https://lawandcrime.com/email-newsletter/">Love true crime? Sign up for our newsletter, The Law&amp;Crime Docket, to get the latest real-life crime stories delivered right to your inbox.</a></strong></p>
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<br /><a href="https://lawandcrime.com/high-profile/information-manipulation-trump-doj-goes-after-wikipedia-for-information-manipulation-and-threatens-nonprofit-status-accuses-it-of-boosting-foreign-powers/">Source link </a></p>
<p>The post <a href="https://homesafetytechpros.com/trump-doj-targets-wikipedias-propaganda-nonprofit-status/">Trump DOJ targets Wikipedia&#8217;s &#8216;propaganda,&#8217; nonprofit status</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Trump DOJ opposes giving Jan. 6 defendant access to evidence</title>
		<link>https://homesafetytechpros.com/trump-doj-opposes-giving-jan-6-defendant-access-to-evidence/</link>
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		<dc:creator><![CDATA[homesafetytechpros]]></dc:creator>
		<pubDate>Thu, 17 Apr 2025 05:07:57 +0000</pubDate>
				<category><![CDATA[Crime News]]></category>
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					<description><![CDATA[<p>Insets: Ryan Zink (Department of Justice). Background: FILE — Violent rioters loyal to President Donald Trump storm the Capitol in Washington on Jan. 6, 2021. (AP Photo/John Minchillo, File). A Jan. 6 defendant from Texas who ran for Congress last year and is reportedly attempting another political run has been granted permission to “examine and [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-doj-opposes-giving-jan-6-defendant-access-to-evidence/">Trump DOJ opposes giving Jan. 6 defendant access to evidence</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
]]></description>
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<div id="attachment_519908" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-519908" class="size-full wp-image-519908" src="https://am24.mediaite.com/lc/cnt/uploads/2025/04/Ryan-Zink.jpg" alt="Insets: Ryan Zink (Department of Justice). Background: FILE - Violent rioters loyal to President Donald Trump storm the Capitol in Washington on Jan. 6, 2021. (AP Photo/John Minchillo, File)." width="1200" height="627"/></p>
<p id="caption-attachment-519908" class="wp-caption-text">Insets: Ryan Zink (Department of Justice). Background: FILE — Violent rioters loyal to President Donald Trump storm the Capitol in Washington on Jan. 6, 2021. (AP Photo/John Minchillo, File).</p>
</div>
<p>A <a href="https://lawandcrime.com/high-profile/cannot-simply-act-as-a-rubber-stamp-judge-challenges-dojs-seemingly-inconsistent-effort-to-toss-jan-6-defendants-gun-case-over-trump-pardon/" target="_blank" rel="noopener">Jan. 6</a> defendant from <a href="https://lawandcrime.com/crime/evil-judge-doxxed-and-threatened-after-reducing-bond-for-track-meet-stabbing-suspect-while-the-teen-is-being-attacked-over-his-900k-house/" target="_blank" rel="noopener">Texas</a> who ran for <a href="https://lawandcrime.com/tag/congress/" target="_blank" rel="noopener">Congress</a> last year and is reportedly attempting another political run has been granted permission to “examine and publish” footage, evidence and discovery from his criminal case surrounding the events of the 2021 Capitol attack — but the Justice Department says not so fast.</p>
<p>Ryan Zink, 35, of Lubbock, was granted access last week by <a href="https://lawandcrime.com/high-profile/a-solemn-mockery-of-the-constitution-itself-judge-moves-to-hold-trump-admin-in-criminal-contempt-over-deportation-flights-ordered-to-turn-around/" target="_blank" rel="noopener">U.S. District Judge James Boasberg</a> on account of the DOJ not filing a memorandum in opposition to Zink’s March 22 motion to lift a protective order keeping his case material sealed. Boasberg issued a minute order on April 9 announcing his decision, which the DOJ apparently saw and responded to Wednesday with the document in question.</p>
<p>“As the Government has not opposed Defendant’s Motion to Lift Protective Order, the Court orders that the Motion is granted, and the Protective Order is lifted,” a docket entry from Boasberg said last week.</p>
<p>In response, the DOJ’s top prosecutor in Washington, D.C., <a href="https://lawandcrime.com/high-profile/martins-client-is-not-president-trump-dcs-top-prosecutor-has-fundamental-misunderstanding-of-the-role-and-needs-to-be-investigated-former-us-attorneys-say/" target="_blank" rel="noopener">Ed Martin</a>, signed off on a memorandum in opposition Wednesday that said granting such a request to Zink would put people at risk and pose a threat to national security.</p>
<p>“Lifting a protective order in this case creates a dangerous opportunity and could potentially place sensitive information in the possession of those who would use it to harm the national security, in addition to allowing terabytes of information including individual defendants’, witnesses’, and victims’ personal identifying information to be released to the public,” Martin said. “The government has thus demonstrated that release of these materials could cause a significant hazard to others, and there is no prejudice to the defendant from continuing the protective order here.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Zink, who was <a href="https://www.ntd.com/freed-jan-6-prisoners-seek-congressional-office_1060829.html" target="_blank" rel="noopener">defeated in the Republican primary</a> last year, is <a href="https://www.newsmax.com/newsmax-tv/texas-ryan-zink-jan-6/2025/03/26/id/1204514/" target="_blank" rel="noopener">reportedly</a> running for a seat in Texas’ 19th District. He was found guilty in the District of Columbia back in 2023 of three charges related to Jan. 6, including one felony and two misdemeanor offenses.</p>
<p>“While on restricted grounds immediately outside the Capitol building, Zink filmed a series of video clips,” the DOJ said in a <a href="https://www.justice.gov/usao-dc/pr/texas-man-found-guilty-felony-and-misdemeanor-charges-related-jan-6-capitol-breach" target="_blank" rel="noopener">press release</a> announcing his conviction.</p>
<p>“In one clip, the defendant recorded himself stating, ‘We knocked down the gates! We’re storming the Capitol! You can’t stop us!&#8221;” the DOJ said. “In the same video, Zink panned the phone camera to show the crowd around him and later began chanting, ‘We want Trump!’ as he moved through the crowd at the footsteps of the Capitol.”</p>
<p>Zink was caught on video and audio saying several different things that were brought up by DOJ prosecutors in his case file.</p>
<p>“You all want to know how it’s going? We are going to bum rush this s—!” he allegedly said in one clip.</p>
<p>“In a second video, the defendant filmed the crowd as it attempted to breach the Rotunda Doors to the Capitol,” the DOJ alleged. “Zink stated, ‘They’re not going to get this one.&#8217;”</p>
<p>In a third video, the DOJ said Zink shouted, “You wanted to see what it’s become? We’re in the doors!” Toward the end, he allegedly turned the camera to capture another individual smashing out a window near the Rotunda Doors.</p>
<p>“Broke down the doors,” Zink later allegedly wrote in text messages obtained by the DOJ. “Pushed Congress out of session … I’ll be posting pictures in a little bit when we get back … we accomplished the job,” Zink said.</p>
<p>He allegedly added, “I’m afraid the time for rioting is over better clean those guns and invest in some level 4 armor.”</p>
<p>Martin said Wednesday in the government’s opposition filing that since Zink has been pardoned by <a href="https://lawandcrime.com/tag/donald-trump/" target="_blank" rel="noopener">President Donald Trump</a>, like other Jan. 6 defendants, “there is no need for further discovery, and the defendant does not have any First Amendment right to the discovery provided to him.”</p>
<p><a href="https://lawandcrime.com/high-profile/entitled-to-reimbursement-trump-doj-says-jan-6-defendants-deserve-to-get-restitution-refunds-after-having-cases-invalidated/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: ‘Entitled to reimbursement’: Trump DOJ says Jan. 6 defendants deserve to get restitution refunds after having cases ‘invalidated’</strong></a></p>
<p>Martin claimed the protective order “continues to operate to protect information that is vital to national security” and “significantly affects the privacy rights of victims and witnesses, even after the conclusion of the investigation and prosecution,” per the filing.</p>
<p>“The defendant has cited no authority or rationale to release this volume of material, protected by these orders in hundreds of similar cases, in such a wholesale fashion, where this material is no longer necessary to his defense and could cause such damage to the national security and rights of third parties, including witnesses and victims,” Martin said.</p>
<p>“The defendant’s argument that the government should make its discovery databases available to the public fails to address the vast amount of information that has already been made public through the government’s investigations and prosecutions of these cases,” Martin added. “The events of January 6, and the ensuing investigations and prosecutions, are important to our history as a nation — events that must be considered through appropriate public access to government records and through public discourse. But criminal discovery is not the appropriate mechanism to vindicate that interest.”</p>
<p>Martin accused Zink of trying to “abuse the discovery process,” even though his counsel was given access to the materials in question while defending him.</p>
<p>“The defendant has no further right to, nor need of, the discovery in this matter,” Martin concluded. “The Court should deny the defendant’s motion.”</p>
<p>Zink’s attorney, Roger Roots, argued in their motion that he and other defendants — along with journalists, researchers and the public as a whole — have a right to examine and publish the footage, evidence and discovery that’s in question.</p>
<p>“The vast majority — perhaps almost the entirety — of camera footage, film and photos collected in these discovery databases do not concern any locations of the Capitol which are off-limits to the public,” the motion said. “Indeed millions of tourists have seen and been in the hallways and areas.”</p>
<p>Roots claimed that the public and press have a “presumptive First Amendment right of access” to judicial proceedings in criminal cases, which gives Zink the ability to make such a request.</p>
<p>“The roots of public access to court proceedings and records lie in ‘democratic values of accountability and openness,&#8217;” the motion said. “Few cases could be more crucial for publication of all court files and records than Zink’s case, and January 6 cases in general. January 6 cases are famously political, and President Trump has called the prosecutions a “grave national injustice.” Accordingly, the public’s interest is even more accentuated than in other types of cases.”</p>
<p><a href="https://lawandcrime.com/email-newsletter/" target="_blank" rel="noopener noreferrer"><strong>Love true crime? Sign up for our newsletter, The Law&amp;Crime Docket, to get the latest real-life crime stories delivered right to your inbox.</strong></a></p>
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		<title>Trump hit for using Bondi to attack &#8216;unreasonable&#8217; lawyers</title>
		<link>https://homesafetytechpros.com/trump-hit-for-using-bondi-to-attack-unreasonable-lawyers/</link>
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		<dc:creator><![CDATA[homesafetytechpros]]></dc:creator>
		<pubDate>Mon, 24 Mar 2025 02:32:13 +0000</pubDate>
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					<description><![CDATA[<p>Left: President-elect Donald Trump on “Meet the Press” Sunday, Dec. 8, 2024 (NBC News/YouTube). Right: U.S. Attorney General Pam Bondi announces lawsuit against New York’s immigration policies from Washington, D.C. on Feb. 12, 2025 (YouTube). President Donald Trump handed down orders to Attorney General Pam Bondi on Friday directing federal law enforcement to go after lawyers [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-hit-for-using-bondi-to-attack-unreasonable-lawyers/">Trump hit for using Bondi to attack &#8216;unreasonable&#8217; lawyers</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
]]></description>
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<div id="attachment_515140" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-515140" class="size-full wp-image-515140" src="https://am21.mediaite.com/lc/cnt/uploads/2025/03/Trump-and-Bondi.jpg" alt="Left: President-elect Donald Trump on “Meet the Press” Sunday, Dec. 8, 2024 (NBC News/YouTube). Right: U.S. Attorney General Pam Bondi announces lawsuit against New York" s="" immigration="" policies="" from="" washington="" d.c.="" on="" feb="" width="1200" height="627"/></p>
<p id="caption-attachment-515140" class="wp-caption-text">Left: President-elect Donald Trump on “Meet the Press” Sunday, Dec. 8, 2024 (NBC News/YouTube). Right: U.S. Attorney General Pam Bondi announces lawsuit against New York’s immigration policies from Washington, D.C. on Feb. 12, 2025 (YouTube).</p>
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<p>President <a href="https://lawandcrime.com/tag/donald-trump/" target="_blank" rel="noopener">Donald Trump</a> handed down orders to Attorney General <a href="https://lawandcrime.com/tag/pam-bondi/" target="_blank" rel="noopener">Pam Bondi</a> on Friday directing federal law enforcement to go after lawyers and law firms that challenge his administration with “frivolous, unreasonable, and vexatious litigation.”</p>
<p>The White House <a href="https://www.whitehouse.gov/presidential-actions/2025/03/preventing-abuses-of-the-legal-system-and-the-federal-court/" target="_blank" rel="noopener">issued a memo</a> late Friday announcing Trump’s memorandum, which was titled, “Preventing Abuses of the Legal System and the Federal Court.” In it, the Trump administration warns that lawyers and firms engaging in actions that violate the laws of the United States or rules governing attorney conduct “must be efficiently and effectively held accountable.”</p>
<p>“Accountability is especially important when misconduct by lawyers and law firms threatens our national security, homeland security, public safety, or election integrity,” the memo states. An example of “grossly unethical misconduct” is included in the memorandum, with Trump administration officials claiming it’s “far too common.”</p>
<p>“For instance, in 2016, <a href="https://lawandcrime.com/high-profile/you-fing-half-wit-carter-page-describes-death-threats-in-quest-to-save-lawsuit-that-was-already-dismissed/" target="_blank" rel="noopener">Marc Elias</a>, founder and chair of Elias Law Group LLP, was deeply involved in the creation of a false ‘dossier’ by a foreign national designed to provide a fraudulent basis for Federal law enforcement to investigate a Presidential candidate in order to alter the outcome of the Presidential election,” the memo alleges. “Elias also intentionally sought to conceal the role of his client — failed Presidential candidate <a href="https://lawandcrime.com/tag/hillary-clinton/" target="_blank" rel="noopener">Hillary Clinton</a> — in the dossier.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>According to the White House memo, Bondi and Homeland Security Secretary <a href="https://lawandcrime.com/high-profile/every-single-one-of-them-kristi-noem-vows-to-use-all-of-her-authorities-as-dhs-secretary-to-catch-criminal-leakers-including-polygraph-tests/" target="_blank" rel="noopener">Kristi L. Noem</a> have both been instructed to weigh legal action for “ethical misconduct” committed by junior attorneys to “partners or the law firm when appropriate.” It says when the attorney general determines conduct by an attorney or law firm in litigation against the Trump administration “warrants seeking sanctions or other disciplinary action” the attorney general shall — in consultation with “any relevant senior executive official” — recommend to the president additional steps that may be taken. This includes “reassessment of security clearances” held by the lawyers in question or termination of any federal contract for which the relevant attorney or law firm has been hired to perform services.</p>
<p>“I further direct the Attorney General, in consultation with any relevant senior executive official, to review conduct by attorneys or their law firms in litigation against the Federal Government over the last 8 years,” the memo says.</p>
<p>“If the Attorney General identifies misconduct that may warrant additional action, such as filing frivolous litigation or engaging in fraudulent practices, the Attorney General is directed to recommend to the President, through the Assistant to the President for Domestic Policy, additional steps that may be taken,” the order adds.</p>
<p><a href="https://lawandcrime.com/high-profile/commander-reyes-trump-defense-secretary-mocks-judge-who-ruled-against-transgender-ban-says-she-should-train-green-berets-since-shes-now-a-top-military-planner/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Commander Reyes’: Trump defense secretary mocks judge who ruled against transgender ban, says she should train Green Berets since she’s ‘now a top military planner’</strong></a></p>
<p>Trump’s memo notes “Federal Rule of Civil Procedure 11 prohibits attorneys from engaging in certain unethical conduct in Federal courts.” Specifically, it states that attorneys must not present legal filings “for improper purpose[s]” — including “to harass, cause unnecessary delay, or needlessly increase the cost of litigation,” the memo says.</p>
<p>“Unfortunately, far too many attorneys and law firms have long ignored these requirements when litigating against the Federal Government or in pursuing baseless partisan attacks,” the order claims. “To address these concerns, I hereby direct the Attorney General to seek sanctions against attorneys and law firms who engage in frivolous, unreasonable, and vexatious litigation against the United States or in matters before executive departments and agencies of the United States.”</p>
<p>Trump’s reasoning for involving Noem is that the <a href="https://lawandcrime.com/high-profile/intemperate-and-disrespectful-language-federal-judge-fed-up-with-tone-of-trump-admin-filings-promises-consequences-for-officials-who-violated-deportation-order/">immigration system</a> is likewise “replete with examples of unscrupulous behavior” being shown by attorneys and <a href="https://lawandcrime.com/high-profile/disdain-for-president-trump-doj-demands-removal-of-federal-judge-from-case-by-hillary-clinton-linked-law-firm/">law firms challenging Trump</a>, the document says.</p>
<p>The memo claims the “immigration bar” and “powerful Big Law” pro bono practices frequently “coach clients to conceal their past or lie about their circumstances” when asserting asylum claims. The White House condemns it as an attempt to “circumvent immigration policies” and “deceive the immigration authorities and courts” into granting them relief that is “undeserved” and not needed.</p>
<p>The memo says, “Gathering the necessary information to refute these fraudulent claims imposes an enormous burden on the Federal Government. And this fraud in turn undermines the integrity of our immigration laws and the legal profession more broadly — to say nothing of the undeniable, tragic consequences of the resulting mass illegal immigration, whether in terms of heinous crimes against innocent victims like <a href="https://lawandcrime.com/high-profile/suspect-who-allegedly-killed-laken-riley-indicted-for-murder-kidnapping-and-attempted-rape-in-addition-to-unrelated-peeping-tom-charge/">Laken Riley</a>, <a href="https://lawandcrime.com/crime/2-monsters-asking-for-directions-lured-12-year-old-girl-to-bridge-where-they-bound-strangled-her-before-dumping-body-in-bayou-da/">Jocelyn Nungaray</a>, or <a href="https://lawandcrime.com/crime/i-want-him-to-die-in-a-maryland-prison-system-sheriff-minces-no-words-for-accused-killer-of-rachel-morin-mother-of-5/">Rachel Morin</a>, or the enormous drain on taxpayer resources intended for Americans.”</p>
<p><a href="https://lawandcrime.com/high-profile/ensure-compliance-with-obligations-air-force-members-press-another-federal-court-to-issue-an-additional-restraining-order-blocking-trumps-transgender-military-ban/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Ensure compliance with obligations’: Air Force members press another federal court to issue an additional restraining order blocking Trump’s transgender military ban</strong></a></p>
<p>Legal experts, prosecutors and former Justice Department officials have called out the Trump administration for issuing the Friday order. Former Associate Attorney General Vanita Gupta, who served in the Obama and Biden administrations, told <a href="https://www.washingtonpost.com/national-security/2025/03/22/trump-litigation-lawyers-pam-bondi/" target="_blank" rel="noopener">The Washington Post</a> she believed the memo was a dangerous threat to the judicial system.</p>
<p>“I have both sued and defended the government with equal vigor,” Gupta said. “This presidential memorandum attacks the very foundations of our legal system by threatening and intimidating litigants who aim to hold our government accountable to the law and the Constitution.”</p>
<p>New Jersey Attorney General Matthew Platkin blasted the memo as “an unprecedented and frankly outrageous attempt to threaten lawyers simply for doing their jobs” — saying, “The president has consistently violated the law and hurt our residents in very real and direct ways — cutting their healthcare, denying their kids a quality education, and making them less safe. No baseless threat will stop me from doing my job, which is to protect my state from harm.”</p>
<p>Sue Hendrickson, president and CEO of the nonprofit rights organization <a href="https://humanrightsfirst.org/?gad_source=1&amp;gclid=Cj0KCQjw4v6-BhDuARIsALprm31EcAuBpLdXxXcDJmcdduK1BCFJa0koYEhymQJSfHl0yKSDIW4V-aUaAoXQEALw_wcB" target="_blank" rel="noopener">Human Rights First</a>, told the Post she felt the new memo was aimed at silencing Trump’s legal opposition directly.</p>
<p>“This policy is likely to go after cases that are opposed to [Trump’s] political views versus cases that are meritless,” Hendrickson said. “It was clear that [Trump] has had difficulty controlling the judges with lifetime appointments and now is going after the legal systems and the lawyers who are representing individuals in cases and in connection with immigration cases, asylum cases and efforts to protect due process and the First Amendment.”</p>
<p>Attempts by Law&amp;Crime to reach the Trump administration for comment Sunday were unsuccessful.</p>
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<p>The post <a href="https://homesafetytechpros.com/trump-hit-for-using-bondi-to-attack-unreasonable-lawyers/">Trump hit for using Bondi to attack &#8216;unreasonable&#8217; lawyers</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Trump firing Democratic labor board member &#8216;unlawful&#8217;: Judge</title>
		<link>https://homesafetytechpros.com/trump-firing-democratic-labor-board-member-unlawful-judge/</link>
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		<pubDate>Thu, 13 Mar 2025 01:27:31 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump arrives to deliver his address to a joint session of Congress in the House Chamber of the U.S. Capitol on Tuesday, March 4, 2025 (Tom Williams/CQ Roll Call via AP Images). A Democratic member of the Federal Labor Relations Authority, an independent administrative agency tasked with administering “labor-management relations” for over 2 [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-firing-democratic-labor-board-member-unlawful-judge/">Trump firing Democratic labor board member &#8216;unlawful&#8217;: Judge</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_512559" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-512559" class="size-full wp-image-512559" src="https://am22.mediaite.com/lc/cnt/uploads/2025/03/AP25066710646254-1.jpg" alt="Donald Trump address Congress." width="1200" height="627"/></p>
<p id="caption-attachment-512559" class="wp-caption-text">President Donald Trump arrives to deliver his address to a joint session of Congress in the House Chamber of the U.S. Capitol on Tuesday, March 4, 2025 (Tom Williams/CQ Roll Call via AP Images).</p>
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<p>A Democratic member of the Federal Labor Relations Authority, an independent administrative agency tasked with administering “labor-management relations” for over 2 million government workers, was “unlawfully removed” by <a href="https://lawandcrime.com/high-profile/seriously-misapprehended-trump-doj-insists-its-not-shredding-and-burning-essential-usaid-documents-claims-the-docs-are-meaningless-copies/" target="_blank" rel="noopener">President Donald Trump</a> last month, a federal judge ruled Wednesday.</p>
<p>Susan Tsui Grundmann, who was axed on Feb. 11, has been suing the Trump administration for what she claims was an “unconstitutional” removal from the FLRA, which is a three-member agency charged by Congress with “managing federal labor relations” in an “unbiased” and “fair” way that she says is not supposed to “shift with political whims.” With Grundmann in, the FLRA would have a 2-1 Democratic majority until her term expires in July.</p>
<p>On Wednesday, U.S. District Judge Sparkle Sooknanan <a href="https://www.documentcloud.org/documents/25559950-susan-tsui-grundmanntrump-opinion/" target="_blank" rel="noopener">handed down her ruling</a> in the case — siding with Grundmann and her argument that Trump’s firing of her was “unlawful” — after the Justice Department argued Article II of the Constitution gave Trump the power to remove executive branch officials without cause, including members of the FLRA.</p>
<p>“The Government vigorously defends Ms. Grundmann’s hasty termination on the basis that the Constitution vests the entirety of the ‘executive Power’ in the President,” Sooknanan said. “The government’s arguments paint with a broad brush and threaten to upend fundamental protections in our Constitution. But ours is not an autocracy; it is a system of checks and balances. Our Founders recognized that the concentration of power in one branch of government would spell disaster.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Grundmann is one of <a href="https://lawandcrime.com/high-profile/flat-wrong-judge-rubbishes-trump-for-describing-himself-as-king-in-harsh-rejection-of-unitary-executive-theory-reinstates-biden-appointed-member-of-national-labor/" target="_blank" rel="noopener">several federal officials fighting in court</a> after being booted by Trump over the past two months. Thousands of government workers have also been fired amid a massive push to cut costs and eliminate employees who aren’t “mission-critical” to the president’s agenda. At the U.S. Department of Agriculture, for instance, nearly 6,000 USDA workers have gotten their pink slips since Trump took office in January.</p>
<p>Sooknanan said Wednesday that Grundmann had met her burden to receive a permanent injunction reinstating her until July, when her term ends, by highlighting separation-of-powers concerns, as the FLRA was created by Congress to be an independent voice for the federal workforce. Sooknanan said Trump’s DOJ had actually helped Grundmann make her case.</p>
<p>“The Government takes the position that this Court lacks the authority to provide meaningful relief in these circumstances,” Sooknanan explained. “It argues that where a President removes a Senate-confirmed federal officer in violation of a duly enacted and constitutional statute, the only recourse is an award of backpay to that officer. Why? According to the Government, any order from this Court that results in the officer continuing her role against the President’s will would raise grave separation-of-powers concerns. In other words, where a President exceeds his power under Article II of the Constitution and intrudes on Congress’s Article I authority, the Government’s position is that an Article III court may not interpret the law and redress the resulting injury.”</p>
<p>Sooknanan concluded, “It is the Government’s own argument that raises grave separation-of-powers concerns. There can be no doubt that ‘the President is bound to abide by the requirements of duly enacted and otherwise constitutional statutes.’ And it is precisely the role of an Article III court to step in when that does not happen.”</p>
<p>When Congress formed the FLRA in 1978, it gave members five-year terms and ordered that they could only be removed “upon notice and hearing and only for inefficiency, neglect of duty, or malfeasance in office,” according to Sooknanan.</p>
<p>“In the nearly fifty years since the FLRA’s creation, no President has ever removed a Member,” the judge noted. “Until now.”</p>
<p><a href="https://lawandcrime.com/high-profile/is-that-really-how-you-think-this-all-works-outraged-judge-repeatedly-mocks-doj-lawyers-tears-into-them-for-being-unprepared-during-hearing-on-transgender-military-ban/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Is that really how you think this all works?’: Outraged judge repeatedly mocks DOJ lawyers, tears into them for being unprepared during hearing on transgender military ban</strong></a></p>
<p>While Grundmann’s reinstatement may be a legal win for federal workers, Trump’s DOJ has already managed to get a similar judgment <a href="https://lawandcrime.com/high-profile/satisfied-the-stringent-requirements-trump-given-free-rein-to-boot-biden-ethics-enforcer-who-helped-block-mass-firings/" target="_blank" rel="noopener">reversed by the U.S. Court of Appeals for the D.C. Circuit</a>, who gave Trump the green light last week to finally fire <a href="https://lawandcrime.com/high-profile/manufacturing-a-threat-trump-wants-to-contravene-nearly-a-century-of-precedent-with-biden-watchdogs-firing-embattled-official-says/" target="_blank" rel="noopener">Hampton Dellinger</a> — a booted-then-reinstated ethics enforcer who led the Office of Special Counsel — following weeks of legal jousting and the threat of a <a href="https://lawandcrime.com/high-profile/shoot-the-moon-tactics-trumps-scotus-bid-to-fire-biden-ethics-head-uniquely-weak-and-now-opens-floodgates-to-more-fire-drill-appeals-with-no-merit-enforcer-says/" target="_blank" rel="noopener">Supreme Court battle</a>.</p>
<p>The three-judge panel for the D.C. Circuit unanimously agreed to let Trump terminate Dellinger, who was appointed by Joe Biden in 2024 to enforce whistleblower laws, roughly a month after he tried axing the OSC head in a one-sentence email. Dellinger fought the firing with a lawsuit filed in federal court, which led to a temporary restraining order (TRO) being issued by U.S. District Judge Amy Berman Jackson on Feb. 12 and extended by her until last Saturday, when Jackson ruled in favor of letting Dellinger stay on board at OSC for the rest of his five-year term, which was set to end in March 2029. Jackson’s decision came after multiple failed attempts to get her TRO tossed last month, including an unsuccessful first bid in the appeals court. Judges Karen Henderson, Justin Walker and Patricia Millett saw things differently, though, when it came time for them to rule on the merits of Dellinger’s firing.</p>
<p>“Appellants have satisfied the stringent requirements for a stay pending appeal,” the panel said Wednesday, noting how an opinion would “follow in due course” at a later date. “This order gives effect to the removal of appellee from his position as Special Counsel of the U.S. Office of Special Counsel.”</p>
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<p>The post <a href="https://homesafetytechpros.com/trump-firing-democratic-labor-board-member-unlawful-judge/">Trump firing Democratic labor board member &#8216;unlawful&#8217;: Judge</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>States &#8216;cannot interject themselves&#8217; in Trump firings: DOJ</title>
		<link>https://homesafetytechpros.com/states-cannot-interject-themselves-in-trump-firings-doj/</link>
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		<pubDate>Tue, 11 Mar 2025 00:37:22 +0000</pubDate>
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					<description><![CDATA[<p>Republican presidential nominee former President Donald Trump speaks at an election night watch party, Wednesday, Nov. 6, 2024, in West Palm Beach, Fla. (AP Photo/Alex Brandon). State attorneys general in 20 states suing the Trump administration over its mass firings of federal workers have “no hope of success” against the president and his Justice Department [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/states-cannot-interject-themselves-in-trump-firings-doj/">States &#8216;cannot interject themselves&#8217; in Trump firings: DOJ</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_512971" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-512971" class="size-full wp-image-512971" src="https://am23.mediaite.com/lc/cnt/uploads/2025/03/Trump-.jpg" alt="Republican presidential nominee former President Donald Trump speaks at an election night watch party, Wednesday, Nov. 6, 2024, in West Palm Beach, Fla. (AP Photo/Alex Brandon)." width="1200" height="627"/></p>
<p id="caption-attachment-512971" class="wp-caption-text">Republican presidential nominee former President Donald Trump speaks at an election night watch party, Wednesday, Nov. 6, 2024, in West Palm Beach, Fla. (AP Photo/Alex Brandon).</p>
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<p>State attorneys general in 20 states suing the <a href="https://lawandcrime.com/high-profile/the-appointments-clause-has-nothing-to-say-trump-admin-scoffs-at-challenge-to-doges-authority-by-likening-agency-head-to-hillary-clinton-karl-rove/" target="_blank" rel="noopener">Trump administration</a> over its <a href="https://lawandcrime.com/high-profile/planned-eliminations-reinstated-biden-ethics-enforcers-proving-to-be-a-real-thorn-in-trumps-ability-to-fire-federal-workers/" target="_blank" rel="noopener">mass firings of federal workers</a> have “no hope of success” against the president and his<a href="https://lawandcrime.com/high-profile/abuses-of-the-criminal-justice-process-trump-doj-probing-tina-peters-election-conspiracy-case-and-state-conviction/" target="_blank" rel="noopener"> Justice Department</a> lawyers, the DOJ says — arguing in a new filing on Monday that “third parties cannot interject themselves” into government-employee affairs.</p>
<p>“The States cannot circumvent that channeling scheme by asserting downstream harm from those employment actions,” the DOJ said in an <a href="https://www.documentcloud.org/documents/25556609-trump-doj-opposition-to-plaintiffs-tro-motion/" target="_blank" rel="noopener">opposition filing</a> on behalf of the U.S. Department of Agriculture, Department of Education and other federal agencies being sued by unions in Washington, D.C., Maryland and 18 other states across the country where government workers live. “Nor do the States have any legitimate claims of their own,” the filing said.</p>
<p>DOJ lawyers are asking U.S. District Judge James Bredar to deny a motion filed by the states on Friday for a temporary restraining order (TRO) to “restrain and enjoin” the USDA from terminating federal probationary employees without making “specific, individualized determinations regarding the inadequacy of the employee’s conduct or performance” and without complying with requirements applicable to “Reductions in Force” procedures. The states are also seeking an order that would reinstate probationary employees who have been “unlawfully fired” by USDA officials and an order compelling the agency to file a status report with the court within 48 hours — and at “regular intervals thereafter” — identifying terminated probationary employees and describing the steps the government will take to comply with the order.</p>
<p>“Notably, this is not the first lawsuit to seek this relief,” the DOJ pointed out Monday in its opposition filing. “A set of unions sued in federal court in the District of Columbia a few weeks ago to rescind the termination of the probationary workers.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The case the DOJ is referring to, specifically, involves a lawsuit filed by the National Treasury Employees Union in the District of Columbia, which accuses the Trump administration and Office of Management and Budget Director Russ Vought of <a href="https://lawandcrime.com/high-profile/choked-out-of-its-very-existence-judge-fears-trump-will-dismantle-consumer-financial-protection-bureau-completely-before-she-can-stop-him/" target="_blank" rel="noopener">unlawfully firing Consumer Finance Protection Bureau (CFPB) employees</a> without cause.</p>
<p>The group’s attorney, Deepak Gupta, said in court last week that if the judge overseeing the case had not issued a consent order on Feb. 14 temporarily blocking the terminations and deletions, the Trump administration would’ve wiped out the CFPB that very same day.</p>
<p>According to the DOJ’s opposition filing Monday, the district court denied the relief requested in the CFPB case, similar to what’s being asked for in the USDA case. “Then, other unions and organizational plaintiffs sued in the Northern District of California, also claiming downstream harms from the terminations,” the DOJ said.</p>
<p><a href="https://lawandcrime.com/high-profile/protect-the-government-trump-doj-urges-judge-to-stop-upcoming-courtroom-showdown-with-opm-director-in-mass-firings-case/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Protect the government’: Trump DOJ urges judge to stop upcoming courtroom showdown with OPM director in mass firings case</strong></a></p>
<p>The judge in the California case agreed to restrain “since-revised guidance” on probationary removals from the Office of Personnel Management (OPM) and acknowledged that it “could not and would not” rescind terminations, according to the DOJ.</p>
<p>“The third time is not the charm,” DOJ lawyers said Monday. “Like the unions and the organizational plaintiffs, the States are strangers to the employment relationships at issue, and cannot disrupt the exclusive remedial scheme that Congress put in place to adjudicate these disputes.”</p>
<p>The DOJ props up its argument about the TRO denial and mass firings on “a promise” that it claims Trump made during his 2024 campaign to raise “standards” for federal government employment and “improve” the Civil Service workforce. Its opposition filing points to Trump’s signed memorandum on his first day in office declaring that “American citizens deserve an excellent and efficient Federal workforce that attracts the highest caliber of civil servants committed to achieving the freedom, prosperity, and democratic rule that our Constitution promotes.”</p>
<p>According to the DOJ, the firings are “consistent with the new administration’s focus on federal employee performance” and should not be blocked by states with no power over government-employee relations.</p>
<p><a href="https://lawandcrime.com/high-profile/government-cannot-just-press-a-button-trump-doj-blasts-2-billion-pay-or-else-order-that-requires-it-to-cough-up-federal-funds-following-usaid-freeze-in-scotus-bid/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Government cannot just press a button’: Trump DOJ blasts $2 billion ‘pay-or-else order’ that requires it to cough up federal funds following USAID freeze in SCOTUS bid</strong></a></p>
<p>“The action has no hope of success, because third parties cannot interject themselves into the employment relationship between the United States and government workers, which is governed by a comprehensive statutory scheme that provides an exclusive remedial avenue to challenge adverse personnel actions,” the DOJ said, alleging that a TRO would impose “significant and unrecoverable” costs on the USDA. “The relief sought by the States would require the federal government to pay salaries and benefits for persons who it otherwise would not be obligated to pay,” the DOJ said. “These expenses are likely unrecoverable from terminated probationers even if Defendants ultimately prevail in this action.”</p>
<p>USDA lawsuit, filed by the 20 states in Baltimore federal court, claims Trump admin officials failed to follow “reduction in force” procedures mandated under federal regulations, including providing 60 days’ notice to workers before kicking them to the curb.</p>
<p>“These large-scale, indiscriminate firings are not only subjecting the Plaintiff States and communities across the country to chaos,” the states say in their lawsuit. “They are also against the law.”</p>
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		<title>Trump dealt blow as fired USDA workers ordered back by MSPB</title>
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		<pubDate>Thu, 06 Mar 2025 10:47:46 +0000</pubDate>
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					<description><![CDATA[<p>US President Donald Trump arrives before signing the Laken Riley Act into law in the East Room at the White House in Washington on January 29, 2025 (Yuri Gripas/Abaca/Sipa USA/Sipa via AP Images). The U.S. Merit Systems Protection Board has temporarily blocked President Donald Trump‘s firings of approximately 5,900 probationary employees at the U.S. Department [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-dealt-blow-as-fired-usda-workers-ordered-back-by-mspb/">Trump dealt blow as fired USDA workers ordered back by MSPB</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_505189" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-505189" class="size-full wp-image-505189" src="https://am22.mediaite.com/lc/cnt/uploads/2025/01/AP25029743075152-1.jpg" alt="Donald Trump sighs during a press conference." width="1200" height="627"/></p>
<p id="caption-attachment-505189" class="wp-caption-text">US President Donald Trump arrives before signing the Laken Riley Act into law in the East Room at the White House in Washington on January 29, 2025 (Yuri Gripas/Abaca/Sipa USA/Sipa via AP Images).</p>
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<p>The<a href="https://lawandcrime.com/high-profile/independent-board-thwarts-trump-admins-firing-of-6-federal-workers-finding-6-agencies-engaged-in-a-prohibited-personnel-practice/" target="_blank" rel="noopener"> U.S. Merit Systems Protection Board</a> has temporarily blocked <a href="https://lawandcrime.com/high-profile/absolute-presidential-power-judge-highly-skeptical-of-trump-admin-unitary-executive-theory-arguments-during-hearing-over-firing-of-biden-appointed-labor-board-member/" target="_blank" rel="noopener">President Donald Trump</a>‘s firings of approximately 5,900 probationary employees at the U.S. Department of Agriculture who have been booted since he took office in January.</p>
<p>In a stay issued on Wednesday by embattled MSPB member Cathy Harris, who has been <a href="https://lawandcrime.com/high-profile/the-presidents-violation-of-law-judge-permanently-reinstates-biden-appointed-member-of-civil-service-board-who-trump-illegally-and-ineffectually-tried-to-fire/" target="_blank" rel="noopener">fighting for her job</a> herself, the board condemned the terminations as “planned eliminations” and violations of “personnel practice.”</p>
<p>“I find that there are reasonable grounds to believe that the agency engaged in a prohibited personnel practice,” Harris <a href="https://www.documentcloud.org/documents/25552076-order-on-stay-request-usdadellinger/" target="_blank" rel="noopener">wrote</a> in the MSPB order, noting how Biden ethics enforcer <a href="https://lawandcrime.com/high-profile/manufacturing-a-threat-trump-wants-to-contravene-nearly-a-century-of-precedent-with-biden-watchdogs-firing-embattled-official-says/" target="_blank" rel="noopener">Hampton Dellinger</a> — who is <a href="https://lawandcrime.com/high-profile/rogue-use-of-executive-authority-trump-doj-rips-judge-for-deeming-biden-watchdog-firing-illegal-and-pressures-dc-circuit-to-respond-before-scotus-showdown/" target="_blank" rel="noopener">battling Trump’s Justice Department</a> in federal court over his firing at the Office of Special Counsel — provided findings from an OSC investigation on the USDA removals this week that “reasonably” alleges and outlines personnel violations by the Trump administration.</p>
<p>Harris said the board believed there were “reasonable grounds” to stay the firings for 45 days while MSPB members continue to investigate, on account of there being so many people involved.</p>
<p>“Because there is a possibility that additional individuals, not specifically named in the agency’s response, may be affected by these probationary terminations, and given the assertions made in OSC’s initial stay request and the deference to which we afford OSC in the context of an initial stay request, I find that there are reasonable grounds to believe that the agency terminated the aforementioned probationary employees in violation of (civil service laws),” Harris explained.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Dellinger, who was appointed by <a href="https://lawandcrime.com/tag/joe-biden/" target="_blank" rel="noopener">Joe Biden</a> in 2024 to lead the Office of Special Counsel and enforce whistleblower laws, <a href="https://www.documentcloud.org/documents/25551043-usda-systemic-stay-dellinger/" target="_blank" rel="noopener">filed a petition</a> last Friday with the MSPB asking it to stay the firings of the nearly 6,000 workers who were sent packing “without consideration of their individual performance or fitness for federal employment,” the document alleged.</p>
<p>“Rather … it did not identify their positions as ‘mission-critical,&#8221;” Dellinger said. “USDA made no attempt to assess the individual performance or conduct of any of these probationary employees before deciding whether to terminate them.”</p>
<p>Dellinger was axed by Trump in January “in a one-sentence email,” <a href="https://lawandcrime.com/high-profile/direct-conflict-with-nearly-a-century-of-precedent-trump-violated-law-by-firing-biden-ethics-enforcer-appointed-to-stop-circumstances-such-as-these-lawsuit-says/" target="_blank" rel="noopener">according to a lawsuit</a> he filed last month in the District of Columbia. Last Saturday, U.S. District Judge Amy Berman Jackson ruled that Dellinger’s termination from the Office of Special Counsel after Trump took office in January was illegal and unprecedented.</p>
<p><a href="https://lawandcrime.com/high-profile/government-cannot-just-press-a-button-trump-doj-blasts-2-billion-pay-or-else-order-that-requires-it-to-cough-up-federal-funds-following-usaid-freeze-in-scotus-bid/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Government cannot just press a button’: Trump DOJ blasts $2 billion ‘pay-or-else order’ that requires it to cough up federal funds following USAID freeze in SCOTUS bid</strong></a></p>
<p class="qualified qualified-2">Harris, meanwhile, was fired on Feb. 10 in an email from an assistant that told her she was “terminated, effective immediately.”</p>
<p class="qualified qualified-1">A federal judge on Tuesday <a href="https://lawandcrime.com/high-profile/the-presidents-violation-of-law-judge-permanently-reinstates-biden-appointed-member-of-civil-service-board-who-trump-illegally-and-ineffectually-tried-to-fire/">reinstated Harris</a> — a Joe Biden appointee whose term expires in 2028 — temporarily after she sued to regain her position. Speaking in a <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.277372/gov.uscourts.dcd.277372.40.0_2.pdf" target="_blank" rel="noopener">35-page memorandum opinion</a>, U.S. District Judge Rudolph Contreras ruled firmly in Harris’ favor by granting her a preliminary injunction. The decision was based on a <a href="https://www.oyez.org/cases/1900-1940/295us602" target="_blank" rel="noopener">1935 U.S. Supreme Court case</a> keeping “quasi judicial and quasi legislative” agencies largely insulated from the whims of the president.</p>
<aside class="o-callout__recirculate o-callout">
<div class="o-section-heading">
<p class="qualified qualified-5">“The Court first considers the constitutionality of the MSPB’s structure, concluding that its members’ for-cause removal protections are constitutional,” the court’s opinion said. “Federal law thus prevents the President from removing members of the MSPB without cause, and the President’s attempt to terminate Harris was unlawful. As such, Harris is entitled to summary judgment.”</p>
<p>For the USDA firings, Dellinger and the OSC conducted an investigation and then filed a petition with the MSPB asking it to reverse the removals and issue a temporary stay while the OSC continues to investigate allegations of USDA’s “systemic merit systems abuses,” which include violations of civil service protections and federal personnel laws.</p>
<p>“In most cases, probationary employees in the competitive service may only be terminated if their performance or conduct demonstrates that they are unfit for federal employment,” Dellinger said. “If agencies wish to terminate probationary employees not for performance or conduct, but as part of a general restructuring or downsizing, they must initiate a reduction in force (RIF) and follow the relevant procedures for that process.”</p>
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		<title>Will defending (some) federal cases be different now?</title>
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		<pubDate>Thu, 27 Feb 2025 13:39:29 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump speaks after signing an executive order in the Oval Office of the White House, Monday, Feb. 3, 2025, in Washington. (AP Photo/Evan Vucci) Massive firings by Donald Trump’s administration have purged several federal agencies of thousands of career civil servants, but none more dramatically than in the U.S. Department of Justice. At [&#8230;]</p>
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<div id="attachment_505667" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-505667" class="size-full wp-image-505667" src="https://am24.mediaite.com/lc/cnt/uploads/2025/02/Donald-Trump-Feb-3-2025.jpg" alt="President Donald Trump speaks after signing an executive order in the Oval Office of the White House, Monday, Feb. 3, 2025, in Washington. (AP Photo/Evan Vucci)" width="1200" height="627"/></p>
<p id="caption-attachment-505667" class="wp-caption-text">President Donald Trump speaks after signing an executive order in the Oval Office of the White House, Monday, Feb. 3, 2025, in Washington. (AP Photo/Evan Vucci)</p>
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<p>Massive firings by <a href="https://lawandcrime.com/tag/doge/" target="_blank" rel="noopener">Donald Trump’s administration</a> have purged several federal agencies of <a href="https://nymag.com/intelligencer/article/how-many-federal-employees-fired-jobs-cut-trump-doge.html" target="_blank" rel="noopener">thousands of career civil servants</a>, but <a href="https://lawandcrime.com/high-profile/baffled-federal-prosecutor-says-clerking-for-scalia-instilled-duty-to-uphold-the-rule-of-law-as-she-quits-over-order-to-drop-eric-adams-case/" target="_blank" rel="noopener">none more dramatically</a> than in the <a href="https://lawandcrime.com/high-profile/pursue-justice-without-fear-or-favor-jack-smith-joins-over-900-former-federal-prosecutors-warning-trump-admin-may-stop-doj-efforts-aimed-at-protecting-the-public-from-government-corruption/" target="_blank" rel="noopener">U.S. Department of Justice</a>.</p>
<p>At least a dozen United States Attorneys <a href="https://www.npr.org/2025/02/12/g-s1-48193/trump-doj-january-6-cases" target="_blank" rel="noopener">have been removed</a>, and hundreds of lawyers and investigators who worked on the Jan. 6 and the Trump indictments face potential firing as well. And there is then the resignation of seven prosecutors who <a href="https://lawandcrime.com/high-profile/a-sword-of-damocles-ex-watergate-prosecutor-rails-against-corrupt-bargain-between-nyc-mayor-and-trump-admin-as-judge-orders-doj-to-explain-move-to-drop-charges/" target="_blank" rel="noopener">refused the Justice Department order</a> to dismiss criminal charges against New York City Mayor Eric Adams — leading, now, to a temporary delay in a case that is ultimately <a href="https://lawandcrime.com/opinion/ripple-effects-from-the-eric-adams-case-may-highlight-the-power-of-trumps-doj/" target="_blank" rel="noopener">likely to result in a dismissal</a> given the Justice Department’s unwillingness to prosecute it.</p>
<p>But apart from the removal of experienced and professional attorneys is what appears to be a radical transformation of the Department’s longtime guiding ethos. To many observers, the Justice Department has become under Trump’s regime a terrifying weapon to accuse and prosecute Trump’s enemies and protect his friends. To these observers, “Justice” now means “Trump justice,” not the way <a href="https://www.justice.gov/jm/jm-1-8000-congressional-relations#1-8.100" target="_blank" rel="noopener">justice is defined in the Justice Department’s manual</a> as dependent on the rule of law, an evenhanded approach to the administration of justice, and the requirement that legal judgments be made impartially and insulated from political influence.</p>
<p>So, the big question for defense lawyers is whether — and to what extent — prosecuting federal criminal cases may be different.</p>
<p>For as long as we can remember, most criminal defense lawyers believed they were dealing with fair-minded and nonpolitical federal prosecutors. Lawyers strategized to try to persuade prosecutors that the potential charges were weak on the merits; that the government could not sustain its burden of proof; that a key witness wouldn’t hold up; that the trial jury would be unimpressed with the evidence; that the jury wouldn’t be “outraged” by what would be presented to it; that there was some sympathetic fact about the defendant that might encourage the jury to acquit; or that there was some “nullifying” fact about the case or the victim’s motivations that would undermine the prosecution’s theory.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>And if those possibilities didn’t impress the prosecutors, the defense lawyer might frame her arguments to encourage the trial judge — even though the judge may lack the legal authority to dismiss the case based on these arguments — to make rulings that might potentially undercut the prosecution’s theory and possibly lead to the defendant’s acquittal.</p>
<p>Until now, though, the ability to defeat the case preindictment or even prior to trial largely rested in the interaction between the defense lawyer and the government lawyer, and sometimes even higher up within the U.S. Attorney’s Office or DOJ headquarters, often colloquially called Main Justice. The norms and traditions in the Justice Department largely walled off Main Justice from decision-making over prosecutions.</p>
<p>To be sure, different administrations may have instructed their justice departments to prioritize certain matters or de-emphasize the pursuit of certain forms of criminal conduct. But we cannot think of a prior administration that would aggressively participate in decision making for or against prosecution in specific cases. And if an administration strongly disagreed with a particular prosecution, the president could always extend a pardon to the individual defendant (sometimes notwithstanding the objection of the prosecutor). But that was the president’s constitutional right that was somewhat apart from the criminal justice system. And admittedly there have been abuses by many presidents — not just the current one — in their use of the clemency power. Its use, though, has not involved a direct invasion of the justice system.</p>
<p>Today, going forward, it does not appear that the traditional and conventional understandings between the federal litigation adversaries holds true. If the prosecution of Adams or the dismissals of the Jan. 6 defendants are any indication, it appears that criminal defense lawyers should rethink their strategies. They should not limit their efforts to persuade the prosecutors against bringing the case. Shocking to say, the White House or Mar-a-Lago should probably be on the itinerary of the erstwhile — or, perhaps we should say, aggressive — defense lawyer willing to consider all potential initiatives to defend his client. Of course, the President and his aides would not be interested in every case or every defendant whose lawyer manages to somehow get onto his radar, perhaps through some intermediary or confidant of the President — but you never know!</p>
<p>It may be the case that today all federal criminal litigation is transactional. Is there a litmus test for federal prosecutors? How are they to be hired? What are their backgrounds and qualifications? It’s not yet clear whether the merits of a case matter, or how line prosecutors and supervisors see their role. The classic model of a neutral, objective, and nonpolitical government attorney may have vanished.</p>
<p>And looking at it from the other side of the divide — and this may seem bizarre to actually articulate aloud in light of the current Justice Department crisis, demonstrated particularly by the Adams case — a defense lawyer may be ethically obligated to step outside the normal mode of criminal lawyering. The ethical duty of “zealous representation” on behalf of a client in whom the White House may have an interest for whatever reason — justifiable or not — may actually “require” that the attorney take action that he or she might not ordinarily take — that is, to advocate the client’s case not only to prosecutors at the Justice Department, but also directly to the White House itself, if possible.</p>
<p>Yes, in the past an occasional, well-connected criminal lawyer surely has approached the White House confidentially as a bridge to the attorney general, especially when a prosecution of their client might compromise national security. Here, though, we speak of an abhorrent circumstance — a White House potentially open to lawyers for friends — or friends of friends — of the administration who find themselves in trouble with the law.</p>
<p>This state of affairs can only come to an end with an attorney general willing to take her phone off the hook — and how likely is that? Unless she does, criminal lawyers for high-stakes clients with ties of some sort to the White House probably need to add 1600 Pennsylvania Avenue to their “zealous representation” itinerary.</p>
<p>And, oddly, if you can believe it, it might be unethical on their part not to!</p>
<p><em>Joel Cohen, a former state and federal prosecutor, practices white collar criminal defense law at Petrillo Klein Boxer. He is the author of “Broken Scales: Reflections On Injustice” (ABA Publishing, 2017) and an adjunct professor at both Fordham and Cardozo Law Schools.</em></p>
<p><em>Bennett Gershman is a Professor of Law at the Elisabeth Haub School of Law at Pace University, a former prosecutor in the Manhattan District Attorney’s Office, and a Special Assistant Attorney General in New York State’s Anti-Corruption Office.</em></p>
<p><em>This is an opinion piece. The views expressed in this article are those of just the author. </em></p>
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