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		<title>Judge halts parts of Trump&#8217;s election integrity directive</title>
		<link>https://homesafetytechpros.com/judge-halts-parts-of-trumps-election-integrity-directive/</link>
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		<pubDate>Fri, 25 Apr 2025 10:12:30 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump addresses a joint session of Congress on Capitol Hill in Washington, Tuesday, March 4, 2025 (AP Photo/Alex Brandon). A federal judge in Washington, D.C., on Friday halted key sections of President Donald Trump’s sweeping executive order purporting to unilaterally change the rules regarding how federal elections are run, finding that the plaintiffs [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/judge-halts-parts-of-trumps-election-integrity-directive/">Judge halts parts of Trump&#8217;s election integrity directive</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_512416" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-512416" class="size-full wp-image-512416" src="https://am23.mediaite.com/lc/cnt/uploads/2025/03/AP25064588870589-1.jpg" alt="President Trump address Congress." width="1200" height="627"/></p>
<p id="caption-attachment-512416" class="wp-caption-text">President Donald Trump addresses a joint session of Congress on Capitol Hill in Washington, Tuesday, March 4, 2025 (AP Photo/Alex Brandon).</p>
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<p>A federal judge in <a href="https://lawandcrime.com/tag/washington-d-c/">Washington, D.C.</a>, on Friday halted key sections of <a href="https://lawandcrime.com/tag/donald-trump/">President Donald Trump’s</a> sweeping executive order purporting to <a href="https://lawandcrime.com/high-profile/the-president-possesses-no-such-authority-lawsuit-pits-kavanaugh-against-5th-circuit-in-challenge-to-trumps-order-that-aims-to-dictate-new-rules-for-national-elections/">unilaterally change</a> the rules regarding how federal elections are run, finding that the plaintiffs in the case were “substantially likely to prevail” on the merits.</p>
<p>In a <a href="https://s3.documentcloud.org/documents/25914850/opinion-125-cv-00946-ckk.pdf">120-page order</a>, U.S. District Judge Colleen Kollar-Kotelly issued a preliminary injunction blocking the president’s measure that would require amending the national voter registration form to require proof of U.S. citizenship as well as a provision ordering federal agencies to “assess the citizenship” of individuals who receive public assistance before they are provided a voter registration form.</p>
<p>Kollar-Kotelly, an appointee of President Bill Clinton, wrote that allowing those measures to be implemented would cause “irreparable harm” to the plaintiffs and “would not be in the public interest.”</p>
<p>“Our Constitution entrusts Congress and the States — not the President — with the authority to regulate federal elections,” the order states. “Consistent with that allocation of power, Congress is currently debating legislation that would effect many of the changes the President purports to order. And no statutory delegation of authority to the Executive Branch permits the President to short-circuit Congress’s deliberative process by executive order.”</p>
<p>The court noted that the legislation in Congress is the Safeguard American Voter Eligibility [SAVE] Act, a Republican-backed measure critics have said could <a href="https://apnews.com/article/congress-save-act-citizenship-republicans-women-0c0ba9fd8e6a01cf144736490c71df21">potentially disenfranchise millions</a> of eligible voters. Many provisions of the SAVE Act are encompassed by Trump’s executive order.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The consolidated case challenging Trump’s Executive Order, “<a href="https://www.whitehouse.gov/presidential-actions/2025/03/preserving-and-protecting-the-integrity-of-american-elections/">Preserving and Protecting the Integrity of American Elections</a>,” was brought by three plaintiffs: two voting rights groups and the Democratic National Committee.</p>
<p>In their complaint, the plaintiffs claimed that the president lacks the power to issue the directives in his order, asserting that the executive has “no role in regulating federal elections” under the U.S. Constitution and relevant federal laws.</p>
<p>Kollar-Kotely rejected the plaintiffs’ request to block three other parts of Trump’s order because the claims were premature or were better addressed by a different court. Provisions not halted by the court include one directing the Departments of Homeland Security and State to give access to the so-called Department of Government Efficiency access to databases to “search for non-citizens who have registered to vote,” and two requiring states to stop counting mail-in votes received after election day or have federal funds withheld.</p>
<p>Trump’s order is an apparent attempt to bolster the false claim that he won the 2020 presidential election. Since his loss to Joe Biden, Trump has repeatedly promulgated erroneous conspiracy theories positing that the election was rife with voter fraud and rigged in favor of Democrats.</p>
<p>“[T]he United States now fails to enforce basic and necessary election protections employed by modern, developed nations, as well as those still developing,” Trump’s directive stated. “Free, fair, and honest elections unmarred by fraud, errors, or suspicion are fundamental to maintaining our constitutional Republic. The right of American citizens to have their votes properly counted and tabulated, without illegal dilution, is vital to determining the rightful winner of an election.”</p>
<p>Trump has continued to promote that fictitious narrative even after he took office for the second time. Earlier this month, he <a href="https://truthsocial.com/@realDonaldTrump/posts/114333660655935996">wrote on social media</a> that the war between Russia and Ukraine “would never have happened if the 2020 Election had not been RIGGED, in other words, if I were President.”</p>
<p>Following Kollar-Kotelly’s order, White House spokesperson Harrison Fields issued the <a href="https://www.cbsnews.com/news/trump-executive-order-election-overhaul-judge-blocks/">following statement</a> to CBS News:</p>
<p>“President Trump will keep fighting for election integrity, despite Democrat objections that reveal their disdain for commonsense safeguards like verifying citizenship. Free and fair elections are the bedrock of our Constitutional Republic, and we’re confident in securing an ultimate victory in the courtroom.”</p>
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<p>The post <a href="https://homesafetytechpros.com/judge-halts-parts-of-trumps-election-integrity-directive/">Judge halts parts of Trump&#8217;s election integrity directive</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Colorado judge to rule on Trump&#8217;s controversial deportations</title>
		<link>https://homesafetytechpros.com/colorado-judge-to-rule-on-trumps-controversial-deportations/</link>
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		<pubDate>Tue, 22 Apr 2025 15:25:16 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump at a press conference at the White House in Washington on February 27, 2025 (Yuri Gripas/Abaca/Sipa USA; via AP Images) A federal judge in Colorado this week appeared skeptical of allowing the Trump administration to resume using an 18th-century wartime authority to fast-track the removal of Venezuelan migrants with limited notice and [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/colorado-judge-to-rule-on-trumps-controversial-deportations/">Colorado judge to rule on Trump&#8217;s controversial deportations</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_511262" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-511262" class="size-full wp-image-511262" src="https://am22.mediaite.com/lc/cnt/uploads/2025/02/asdfadfadasfsadf.jpg" alt="President Donald Trump at a press conference at the White House in Washington on February 27, 2025 (Yuri Gripas/Abaca/Sipa USA; via AP Images)" width="1200" height="627"/></p>
<p id="caption-attachment-511262" class="wp-caption-text">President Donald Trump at a press conference at the White House in Washington on February 27, 2025 (Yuri Gripas/Abaca/Sipa USA; via AP Images)</p>
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<p>A federal judge in <a href="https://lawandcrime.com/tag/colorado/">Colorado</a> this week appeared skeptical of allowing the Trump administration to resume using an 18th-century wartime authority to fast-track the removal of Venezuelan <a href="https://lawandcrime.com/tag/immigration/">migrants</a> with limited notice and minimal, if any, due process.</p>
<p>U.S. District Judge Charlotte N. Sweeney on Monday heard arguments from attorneys representing the Justice Department and immigration rights groups regarding whether she should <a href="https://lawandcrime.com/high-profile/may-never-get-out-of-these-prisons-judge-orders-trump-admin-to-not-remove-venezuelans-after-aclu-says-they-were-persecuted-as-criminals/">renew a temporary restraining order</a> (TRO) preventing the government from <a href="https://lawandcrime.com/high-profile/cannot-be-squared-with-the-facts-on-the-ground-aclu-implores-scotus-to-find-trumps-use-of-alien-enemies-act-unconstitutional/">invoking the Alien Enemies Act of 1798 (AEA)</a> to deport migrants to a notorious work camp in El Salvador.</p>
<p>The hearing came after the U.S. Supreme Court in the early morning hours of Saturday issued an order — <a href="https://lawandcrime.com/high-profile/the-court-does-not-trust-the-trump-administration-legal-experts-take-stock-of-extraordinary-and-massively-significant-scotus-order-barring-summary-deportations/">the first and only Saturday order issued this term</a> — directing the government “not to remove” any immigrant detainees subject to President Donald Trump’s proclamation invoking the AEA in northern Texas.</p>
<p>The Saturday order follows <a href="https://lawandcrime.com/high-profile/an-extraordinary-threat-to-the-rule-of-law-justice-sotomayor-excoriates-inexplicable-decision-to-side-with-trump-admin-in-high-profile-deportation-case/">the justices April 7 order in which they unanimously held</a> that “AEA detainees must receive notice after the date of this order that they are subject to removal” under the AEA “within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.”</p>
<p>In light of the high court’s ruling, an incredulous Sweeney questioned how the government could prevail in the instant case, asking the government’s attorney, “How could I not continue the temporary restraining order?” the Daily Camera <a href="https://www.dailycamera.com/2025/04/21/colorado-alien-enemies-act-deportations-paused-hearing/">reported</a>.</p>
<p>Seeking to have the TRO lifted, the DOJ assured the court that any individuals subject to removal under the act would be given 24 hours to challenge their deportation before a judge, Denver CBS affiliate KCNC <a href="https://www.cbsnews.com/colorado/news/trumps-alien-enemies-act-deportations-face-legal-test-colorado-court/">reported</a>.</p>
<p>Attorneys from the ACLU and the Rocky Mountain Immigrant Advocacy Network, the organizations representing the two unnamed petitioners in the case, pushed back on the administration’s position, asserting that affording migrants only one day to file individual habeas corpus petitions could not possibly comply with the Supreme Court’s directive requiring “reasonable time” for court challenges.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>“The government wants to give as little notice as possible so they can pull people out of the country without a judge reviewing it,” Tim Macdonald, legal director of the ACLU of Colorado, told KCNC following the hearing. “The idea that 24 hours is sufficient for someone who’s detained at the Aurora detention facility, who likely doesn’t speak English, who may not have a high level of education, who doesn’t have a lawyer, who doesn’t have access to a phone — the idea that person can file a, quote, ‘writ of habeas corpus’ in 24 hours is preposterous.”</p>
<p>Macdonald reportedly requested that Sweeney not only prevent his clients from removal under the AEA, he also sought an order barring the deportation of any similarly situated individuals in Colorado. He claimed that of the approximately 1,200 people currently being held at the Immigration and Customs Enforcement (ICE) facility in Aurora, about 85% do not have legal representation.</p>
<p>“They tried to remove people with hours’ notice and ship them out before a court could question that,” Macdonald said during the hearing, <a href="https://www.denver7.com/news/politics/federal-judge-in-colorado-hears-arguments-on-request-to-halt-deportations-under-alien-enemies-act">per</a> Denver ABC affiliate KMGH. “They’re trying to use [the AEA] in a way that is unconstitutional and illegal.”</p>
<p>Before the hearing concluded, Sweeney, a Joe Biden appointee, reportedly said that she planned to issue a formal ruling within 24 hours.</p>
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<p>The post <a href="https://homesafetytechpros.com/colorado-judge-to-rule-on-trumps-controversial-deportations/">Colorado judge to rule on Trump&#8217;s controversial deportations</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>ACLU asks SCOTUS to declare Trump&#8217;s AEA invocation illegal</title>
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		<pubDate>Tue, 22 Apr 2025 07:16:28 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump gestures for members of the press to be escorted out after he signed executive orders in the Oval Office of the White House, Thursday, April 17, 2025, in Washington (AP Photo/Alex Brandon). Attorneys representing several Venezuelan men being detained in Texas have asked the U.S. Supreme Court to once again weigh in [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/aclu-asks-scotus-to-declare-trumps-aea-invocation-illegal/">ACLU asks SCOTUS to declare Trump&#8217;s AEA invocation illegal</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="post-body">
<div id="attachment_520851" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-520851" class="size-full wp-image-520851" src="https://am24.mediaite.com/lc/cnt/uploads/2025/04/euhguqerhque.jpg" alt="President Donald Trump gestures for members of the press to be escorted out after he signed executive orders in the Oval Office of the White House, Thursday, April 17, 2025, in Washington (AP Photo/Alex Brandon)." width="1200" height="627"/></p>
<p id="caption-attachment-520851" class="wp-caption-text">President Donald Trump gestures for members of the press to be escorted out after he signed executive orders in the Oval Office of the White House, Thursday, April 17, 2025, in Washington (AP Photo/Alex Brandon).</p>
</div>
<p>Attorneys representing several Venezuelan men being detained in <a href="https://lawandcrime.com/tag/texas/">Texas</a> have asked the <a href="https://lawandcrime.com/tag/scotus/">U.S. Supreme Court</a> to once again weigh in on the <a href="https://lawandcrime.com/tag/donald-trump/">Trump</a> administration’s unprecedented use of an 18th-century wartime authority to fast-track deportations of accused gang members, claiming that the government has been flouting the court’s order to provide detainees with notice before they’re removed to a notorious work prison in El Salvador.</p>
<p>The high court in the early morning hours of Saturday issued an order — <a href="https://lawandcrime.com/high-profile/the-court-does-not-trust-the-trump-administration-legal-experts-take-stock-of-extraordinary-and-massively-significant-scotus-order-barring-summary-deportations/">the first and only Saturday order issued this term</a> — directing the government “not to remove” any immigrant detainees subject to President Donald Trump’s proclamation invoking the Alien Enemies Act of 1798 (AEA). The Saturday order came after <a href="https://lawandcrime.com/high-profile/an-extraordinary-threat-to-the-rule-of-law-justice-sotomayor-excoriates-inexplicable-decision-to-side-with-trump-admin-in-high-profile-deportation-case/">the justices on April 7, unanimously held</a> that “AEA detainees must receive notice after the date of this order that they are subject to removal” under the AEA “within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.”</p>
<p>In Monday’s <a href="https://www.supremecourt.gov/DocketPDF/24/24A1007/356074/20250421045953494_2025.04.21%20AARP%20SCOTUS%20Reply_Final%20pdfa.pdf">15-page filing</a>, the ACLU, which represents the detainees, asserted that the administration was not abiding by the court’s order. Instead, they allege the government has been shuffling groups of migrants between different judicial districts and providing them with “English-only AEA notices” less than a day before they are deported without “any explanation” as to how they may seek judicial review.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Such actions by the government “cannot by any stretch be said to comply with this Court’s order,” the filing states. And rather than defend its current procedures, the administration responded to the justices’ order by <a href="https://lawandcrime.com/high-profile/improperly-skipped-over-the-lower-courts-trump-doj-says-its-fatally-premature-of-scotus-to-block-deportations-carried-out-under-obscure-wartime-law/">arguing that the petitioners “jumped the gun”</a> by filing with the Supreme Court before exhausting their options at the lower courts.</p>
<p>But according to the plaintiffs, that claim “cannot be squared with the facts on the ground.”</p>
<p>“Applicants filed an emergency renewed [temporary restraining order] motion about thirty minutes after midnight on April 18 informing the district court that individuals were being told they would be removed later that same day, Friday, April 18,” the filing states. “The information was not a false alarm. As it turned out, individuals were loaded onto buses that left the Texas facility around 5:35 p.m. CDT, only later to be turned around, presumably because of Applicants’ filing in this Court.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Justice Samuel Alito <a href="https://lawandcrime.com/high-profile/literally-in-the-middle-of-the-night-justice-alito-slams-scotus-for-issuing-unprecedented-relief-by-stopping-trump-deportations-carried-out-under-wartime-law/">penned a dissent</a> to the Saturday order that was joined by Justice Clarence Thomas, in which they criticized the majority for intervening “literally in the middle of the night,” saying it was too soon. Before the high court stepped in, a DOJ attorney on Friday told a federal judge in Washington, D.C., that the administration was not planning on removing any migrants from the U.S., however, the government also reserved the right to start deportation flights Saturday morning.</p>
<p>In order to prevent similar situations from occurring “again and again,” the ACLU asked the justices to go a step beyond what any of the lower courts have had the opportunity to address — whether Trump’s usage of the AEA is constitutional.</p>
<p>“[B]ecause there is a substantial likelihood that the Court would grant <em>certiorari</em> to review the weighty question whether the AEA can be invoked outside of wartime against a criminal organization and for only the fourth time in U.S. history, Applicants respectfully request that this Court retain jurisdiction, maintain the injunction, and also consider treating this application as a petition for certiorari before judgment,” the ACLU wrote. “Applicants recognize that this is an extraordinary request given that the district court has not yet ruled on the merits, but believe it is appropriate in light of the government’s actions on April 18, its position that there is no remedy for wrongfully removed individuals, and the fact that the government is moving Venezuelans whom they have labeled as gang members all around the country, making it likely that habeas actions will be required in multiple districts.”</p>
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		<title>Federal judge&#8217;s warning about potential violence after Trump&#8217;s comments was not ethics violation, 3rd Circuit says</title>
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					<description><![CDATA[<p>Home Daily News Federal judge&#8217;s warning about potential violence… Judiciary Federal judge&#8217;s warning about potential violence after Trump&#8217;s comments was not ethics violation, 3rd Circuit says By Debra Cassens Weiss March 25, 2025, 3:29 pm CDT A federal judge didn’t violate ethics rules when he commented about the potential for violence when “people in positions [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/federal-judges-warning-about-potential-violence-after-trumps-comments-was-not-ethics-violation-3rd-circuit-says/">Federal judge&#8217;s warning about potential violence after Trump&#8217;s comments was not ethics violation, 3rd Circuit says</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<h2>Federal judge&#8217;s warning about potential violence after Trump&#8217;s comments was not ethics violation, 3rd Circuit says</h2>
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<p class="byline">By <a href="https://www.abajournal.com/authors/4/" title="View this author's information" style="color:{default_link_color};">Debra Cassens Weiss</a></p>
<p class="dateline"><time>March 25, 2025, 3:29 pm CDT</time></p>
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<p><em>A federal judge didn’t violate ethics rules when he commented about the potential for violence when “people in positions of authority” make negative comments about a judge or the judge’s family members, according to a federal appellate judicial council. (Image from Shutterstock)</em></p>
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<p>A federal judge didn&#8217;t violate ethics rules when he commented about the potential for violence when “people in positions of authority” make negative comments about a judge or the judge’s family members, according to a federal appellate judicial council.</p>
<p>Senior U.S. District Judge Reggie B. Walton of Washington, D.C., didn’t comment on the merits of a pending matter and did not engage in conduct prejudicial to the administration of justice, said Chief Judge Michael A. Chagares of the 3rd U.S. Circuit Court of Appeals at Philadelphia. Chagares wrote the opinion for the 3rd Circuit’s judicial council that dismissed two ethics complaints against Walton.</p>
<p><a href="https://www.reuters.com/legal/us-judge-who-faulted-trump-attacks-judiciary-cleared-ethics-complaints-2025-03-20">Reuters</a> and <a href="https://www.law360.com/articles/2314034">Law360</a> have coverage.</p>
<p>Chagares’ <a href="https://www.ca3.uscourts.gov/sites/ca3/files/03-24-90134_03-24-90135.O.pdf">Jan. 31 opinion</a>, which was released last week, did not identify Walton as the judge in question. But a Walton representative confirmed to Law360 and Reuters that he was the subject of the opinion.</p>
<p>Walton had commented on CNN on March 28, 2024, in response to a question about then-candidate Donald Trump’s social media attacks against New York Judge Juan Merchan, according to prior coverage <a href="https://www.reuters.com/legal/government/federal-judge-speaks-out-cnn-after-trump-attacks-ny-judges-daughter-2024-03-29">by Reuters</a>. Merchan <a href="https://www.abajournal.com/news/article/meet-judge-juan-merchan-a-colombian-immigrant-who-is-presiding-in-trumps-arraignment">was presiding</a> in a case accusing Trump of falsifying business records to conceal a hush-money payment to adult film actress Stormy Daniels. Trump <a href="https://www.abajournal.com/news/article/trump-could-make-these-appellate-arguments-after-trial-he-calls-rigged-aba-president-comments">was convicted in May 2024</a>.</p>
<p>Trump had criticized Merchan as a “radical left judge” and a Trump hater at “the highest level” in a March 22, 2024, post on Truth Social, his social media platform, according to another prior story <a href="https://www.reuters.com/investigates/special-report/usa-election-threats-courts">by Reuters</a>. Trump also labeled Merchan’s daughter a “rabid Trump hater” before Walton appeared on CNN.</p>
<p>Reuters published this comment by Walton: “I think it’s very important that people in positions of authority be very circumspect in reference to the things that they say, so that they’re not causing others to act on what they say and maybe cause injury or death to someone as a result of that.”</p>
<p>Law360 referred to additional comments from Walton’s interview.</p>
<p>“I can’t get into someone’s mind to say whether they appreciate the impact that they’re doing, but I would think that he’s—any reasonable thinking person would appreciate that when they say things, they can sometimes resonate with others,” Walton said. “And I think that’s particularly true when you have somebody who has status in our society, and they make certain statements that can cause people to act on those statements, even if they don’t necessarily intend for someone to do so.”</p>
<p>None of Walton’s remarks concerned the merits of Trump’s case, and they do not constitute partisan political activity, Chagares said.</p>
<p>“Rather, [Walton] spoke about the experience of receiving threats, reflected on the tragedy of colleagues whose family members had been killed, and encouraged circumspection with respect to public remarks that can have unintended consequences,” Chagares said. Walton “also emphasized the importance of the independence of judicial officers in maintaining the rule of law and ensuring that laws are applied equally to all who appear before a judge.”</p>
<p>Chagares did not identify who filed the complaints. But conservative activist <a href="https://www.abajournal.com/news/article/federal-judge-who-sought-female-attorneys-as-class-counsel-has-acknowledged">Mike Davis</a>, the founder of the Article III Project, a conservative group, <a href="https://www.article3project.org/post/article-iii-project-files-complaint-against-judge-reggie-walton">has said</a> he filed one of them.</p>
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		<title>Trump&#8217;s cabinet broke laws by using messaging app</title>
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		<pubDate>Wed, 26 Mar 2025 03:37:01 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump listens as Defense Secretary Pete Hegseth speaks in the James Brady Press Briefing Room at the White House, Thursday, Jan. 30, 2025, in Washington (AP Photo/Alex Brandon). Members of President Donald Trump‘s cabinet violated federal law by using the encrypted Signal messaging app to discuss military actions in the Middle East, a [&#8230;]</p>
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<div id="attachment_514526" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-514526" class="wp-image-514526 size-full" src="https://am22.mediaite.com/lc/cnt/uploads/2025/03/asdfafddf.jpg" alt="President Donald Trump listens as Defense Secretary Pete Hegseth speaks in the James Brady Press Briefing Room at the White House, Thursday, Jan. 30, 2025, in Washington (AP Photo/Alex Brandon)." width="1200" height="627"/></p>
<p id="caption-attachment-514526" class="wp-caption-text">President Donald Trump listens as Defense Secretary Pete Hegseth speaks in the James Brady Press Briefing Room at the White House, Thursday, Jan. 30, 2025, in Washington (AP Photo/Alex Brandon).</p>
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<p>Members of President <a href="https://lawandcrime.com/high-profile/dangerous-and-wholly-unwarranted-trump-admin-invokes-privilege-in-denying-judge-info-on-deportation-flights-calling-inquiry-dubious-and-trivial/" target="_blank" rel="noopener">Donald Trump</a>‘s cabinet violated federal law by using the encrypted Signal messaging app to discuss military actions in the Middle East, a lawsuit filed Tuesday in Washington, D.C., alleges.</p>
<p>In a <a href="https://www.documentcloud.org/documents/25868850-american-oversight-v-hegseth/" target="_blank" rel="noopener">16-page filing</a>, nonprofit government transparency organization American Oversight alleges Secretary of Defense Pete Hegseth and various other Trump administration officials violated the Federal Records Act (FRA) during a multiple-day group chat about how to plan and “coordinate imminent U.S. military strikes in Yemen.”</p>
<p>The conversations in question occurred between March 11 and March 15, according to the lawsuit. The government’s use of the popular messaging app was first reported this week when the editor-in-chief of The Atlantic, Jeffrey Goldberg, <a href="https://www.theatlantic.com/politics/archive/2025/03/trump-administration-accidentally-texted-me-its-war-plans/682151/" target="_blank" rel="noopener">reported that he was accidentally added to the group chat</a> by national security adviser Michael Waltz.</p>
<p>Signal is widely used for its encryption functions. The app is also well-known for its ability to automatically delete messages after a certain period of time, subject to user specifications. The use of the auto-delete feature in the chat, the plaintiffs say, runs afoul of federal law.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>“According to the Atlantic Article, at least one participant in the Signal chat enabled the function that makes messages disappear after set time limits,” the lawsuit claims. “Defendant Waltz set at least some messages to disappear after one week, and at least some messages to disappear after four weeks.”</p>
<p>So far, the plaintiffs allege, at least one message in the chat was already deleted by the time Goldberg reported on his experience.</p>
<p>That lone deletion — and the likelihood of other potentially more forthcoming — violates several federal laws and implicates the Freedom of Information Act (FOIA) as well, according to the lawsuit.</p>
<p>“Defendants, as members of the Signal chat, know or reasonably should know that one or more messages in the Signal chat were or remain subject to automatic deletion in violation of the FRA and implementing rules and regulations of Defendants’ respective agencies, the lawsuit reads. “Defendants have failed and continue to fail to implement measures to prevent the automatic deletion of messages in the Signal chat, which violates their obligations under the FRA.”</p>
<p>The filing goes on, at length:</p>
<blockquote>
<p>American Oversight has regularly requested DoD’s communications through FOIA, including Signal messages, and it will continue to do so in the future. Upon information and belief, under current DoD recordkeeping rules and practices, officials do not forward Signal messages, including messages from the Signal chat, to their official email accounts, thereby barring American Oversight and other FOIA requesters from obtaining responsive records to which they are otherwise entitled under FOIA, particularly if such Signal messages have enabled the disappearing function.</p>
</blockquote>
<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 noreferrer"><strong>More Law&amp;Crime coverage: ‘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>To hear the plaintiffs tell it, the use of Signal by federal agencies violates the FRA and the Administrative Procedure Act (APA), a statute that broadly governs administrative agencies. The alleged APA violation is due to the “final” nature of the deleted messages, in question, the lawsuit claims.</p>
<p>“Signal is not an authorized system for preserving federal records and does not comply with recordkeeping requirements,” the filing goes on. “Messages in the Signal chat about official government actions, including, but not limited to, national security deliberations, are federal records and must be preserved in accordance with federal statutes, and agency directives, rules, and regulations.”</p>
<p>The lawsuit also lays out a specific set of allegations against Secretary of State Marco Rubio, due to his current dual role as the acting Archivist of the United States and therefore the head of the National Archives. The use of Signal is at least a double whammy against Rubio because he has “an independent non-discretionary duty under the FRA to initiate a recovery action” under the NARA under the present circumstances, the plaintiffs allege.</p>
<p>And, at least so far, Rubio has failed to exercise his mandatory duties under NARA, the lawsuit claims. This alleged failure, according to American Oversight, also violates the APA for various reasons.</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>
<p>The filing generally purports to be an effort “to prevent the unlawful destruction of federal records and to compel Defendants to fulfill their legal obligations to preserve and recover federal records created through unauthorized use of Signal for sensitive national security decision-making.”</p>
<p>The lawsuit specifically requests a bevy of declaratory judgments that the group chat participants violated federal law, that the messages in question are subject to FRA, and that failure to maintain the messages violated the FRA. The plaintiffs are also seeking an injunction that orders the defendants to comply with their duties under federal records laws, and that might lead to “the recovery or restoration of any deleted or destroyed materials to the extent possible.”</p>
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		<pubDate>Sat, 22 Mar 2025 01:36:57 +0000</pubDate>
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					<description><![CDATA[<p>US President Donald Trump sits during his meeting with NATO Secretary General Mark Rutte in the Oval Office of the White House in Washington on March 13, 2025. Photo by Yuri Gripas/Abaca/Sipa USA (Sipa via AP Images). A federal judge in Washington, D.C., on Friday, took the Trump administration to task over its use of [&#8230;]</p>
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<p id="caption-attachment-513669" class="wp-caption-text">US President Donald Trump sits during his meeting with NATO Secretary General Mark Rutte in the Oval Office of the White House in Washington on March 13, 2025. Photo by Yuri Gripas/Abaca/Sipa USA (Sipa via AP Images).</p>
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<p>A <a href="https://lawandcrime.com/tag/federal-court/">federal judge</a> in Washington, D.C., on Friday, took the <a href="https://lawandcrime.com/tag/donald-trump/">Trump</a> administration to task over its use of an 18th-century wartime power to summarily deport more than 100 alleged Venezuelan gang members to a notorious prison in El Salvador without due process. The case <a href="https://lawandcrime.com/high-profile/the-government-again-evaded-its-obligations-judge-upbraids-trump-admins-woefully-insufficient-explanation-for-flouting-court-order/">quickly became a legal tinderbox</a>, beginning when the administration allegedly ignored a court order directing it to have two planes full of migrants immediately returned to the country.</p>
<p>U.S. District Judge James Boasberg wasted no time in calling out Deputy Assistant Attorney General Drew Ensign over the Justice Department’s conduct in connection with the case, particularly highlighting the tone and tenor the government has employed in recent court filings.</p>
<p>The judge said the filings contained “the kind of intemperate and disrespectful language that I am not used to hearing from the United States.”</p>
<p>Boasberg also repeatedly indicated that he was skeptical that President Donald Trump’s invocation of the Alien Enemies Act of 1798 could be used during peacetime and against a nebulously defined “enemy” — in this case the Venezuelan gang Tran de Aragua (TdA) — as opposed to a foreign government.</p>
<p>The judge appeared even more concerned that those detained and deported under the statute seemingly have no way to challenge being detained and shipped off to another country’s prison.</p>
<p>“I agree the policy ramifications of this are incredibly troublesome and problematic and concerning,” Boasberg said. “I agree it’s an unprecedented and expanded use of an act that has only been used in the War of 1812, World War I and World War II, when there was no question there was a declaration of war and who the enemy was.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>At several points during Friday’s hearing, Boasberg also said that Ensign “must agree” that granting a president that much power was an “awfully frightening prospect” that was apparently “a long way” from what Congress intended when the law was enacted. Ensign repeatedly avoided responding to the judge’s prompting, eventually saying that it would be up to the political branches of government to curtail such powers if they saw fit.</p>
<p>Boasberg also pledged to learn whether the Trump administration had intentionally flouted his March 15 oral order to have two planeloads of migrants being deported under the Alien Enemies Act returned to the country.</p>
<p>“The government’s not being terribly cooperative at this point, but I will get to the bottom of whether they violated my word and who ordered this and the consequences,” he said.</p>
<p>In court filings, the government has claimed that because the directive wasn’t memorialized in Boasberg’s written order, they viewed it as a non-order. However, Ensign on Friday confirmed that he understood the order was to have the planes turn around, telling the judge, “I understood your intent and that you meant [the order] to be effective at that time.”</p>
<p>Contentious exchanges between Boasberg and DOJ attorneys throughout the week led to President Trump <a href="https://lawandcrime.com/high-profile/a-troublemaker-and-agitator-trump-calls-for-impeachment-of-judge-who-put-stop-to-deportations-under-obscure-wartime-authority/">calling for the judge’s impeachment</a> from his lifetime appointment to the bench. A House Republican introduced articles of impeachment for Boasberg a short while later.</p>
<p>Trump’s diatribe against Boasberg led to a <a href="https://lawandcrime.com/high-profile/not-an-appropriate-response-chief-justice-roberts-scolds-trump-after-potus-calls-for-impeachment-of-judge-who-ruled-against-administration/">swift rebuke</a> from Supreme Court Chief Justice John Roberts, who issued a rare public statement saying that “impeachment is not an appropriate response to disagreement concerning a judicial decision.”</p>
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<p>The post <a href="https://homesafetytechpros.com/trumps-use-of-wartime-power-incredibly-troublesome-judge/">Trump&#8217;s use of wartime power &#8216;incredibly troublesome&#8217;: Judge</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Teachers say Trump&#8217;s anti-DEI rules are unconstitutional</title>
		<link>https://homesafetytechpros.com/teachers-say-trumps-anti-dei-rules-are-unconstitutional/</link>
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		<pubDate>Thu, 06 Mar 2025 02:34:50 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington, D.C. (Photo/Alex Brandon). The Trump administration has hung “a sword of Damocles” over the heads of teachers and schools in their efforts to forbid diversity, equity, and inclusion (DEI) initiatives in public education, a lawsuit [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/teachers-say-trumps-anti-dei-rules-are-unconstitutional/">Teachers say Trump&#8217;s anti-DEI rules are unconstitutional</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_507260" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-507260" class="size-full wp-image-507260" src="https://am24.mediaite.com/lc/cnt/uploads/2025/02/AP25042763969855-1.jpg" alt="Donald Trump in the Oval Office." width="1200" height="627"/></p>
<p id="caption-attachment-507260" class="wp-caption-text">President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington, D.C. (Photo/Alex Brandon).</p>
</div>
<p>The <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">Trump administration</a> has hung “a sword of Damocles” over the heads of teachers and schools in their efforts to forbid diversity, equity, and inclusion (DEI) initiatives in public education, a lawsuit filed Wednesday in New Hampshire federal court alleges.</p>
<p>On Valentine’s Day, the civil rights division within the U.S. Department of Education (DOE) sent out a “<a href="https://www.ed.gov/media/document/dear-colleague-letter-sffa-v-harvard-109506.pdf" target="_blank" rel="noopener">Dear Colleague” letter</a> to educational institutions that receive federal funding. The <a href="https://www.ed.gov/about/news/press-release/us-department-of-education-directs-schools-end-racial-preferences" target="_blank" rel="noopener">government warned</a> institutions “must cease using race preferences and stereotypes as a factor in their admissions, hiring, promotion, compensation, scholarships, prizes, administrative support, sanctions, discipline, and beyond” or “face investigation and loss of federal funding.”</p>
<p>The plaintiffs, in their <a href="https://www.documentcloud.org/documents/25552092-nea-v-doe/" target="_blank" rel="noopener">48-page lawsuit</a>, said the DOE’s guidance amounts to a “fundamental contradiction” by referencing civil rights law, violates “due process in failing to set clear standards,” and chills “First Amendment protected speech and expression” in a way that “could not stand no matter the process followed.” To that end, the correct — mandatory — process was not followed, the lawsuit adds.</p>
<p>“The Letter fails to acknowledge — let alone explain — its marked change from [the DOE’s] prior guidance and interpretations of Title VI, as well as other federal civil rights and education laws,” the filing reads. “And it fails to account for reliance interests created by decades of law, regulations, and longstanding agency guidance and interpretations. Moreover, it exceeds [the DOE’s] authority and is contrary to law, including the body of law it purports to interpret.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Led by the National Education Association and its New Hampshire affiliate, the lawsuit seeks a declaratory judgment that the Feb. 14 letter violates the First and Fifth Amendments, that the letter is “arbitrary, capricious, an abuse of discretion, not in accordance with law, contrary to constitutional right, in excess of statutory jurisdiction, and without observance of procedure required.”</p>
<p>The chief problem with the letter, according to the plaintiffs, is that it is unconstitutionally vague because it relies on “conclusory and unsupported generalizations” while at the same time offering “no guidance that would help a school to understand how [the DOE] would apply existing legal precedent to reach these conclusions.”</p>
<p>These “sweeping conclusions about the existence of legal violations across states, local educational agencies, and educational institutions” amount to defects that make it impossible for people to understand what, exactly, is being changed, how to abide by the changes, and on what authority the changes are even being made. And this state of affairs violates the constitution, the lawsuit alleges.</p>
<p>“The Letter is impermissibly vague and violates the Fifth Amendment due process rights of Plaintiffs,” the filing reads. “All of its prohibitions are unclear and undefined, broad in scope, and turn on subjective judgement. To take an example, although the Letter asserts that ‘DEI programs’ unlawfully ‘discriminate,’ it fails to define what constitutes a ‘DEI program,’ explain how such programs ‘preference’ certain racial groups, or provide criteria for determining the circumstances under which educational programs that in any way address race might violate federal anti-discrimination law.”</p>
<p>Other examples follow:</p>
<blockquote>
<p>Member B is an 8th Grade Social Studies teacher who covers United States history from the Civil War to the modern era, including state-required instruction on genocide and antisemitism and lessons on Juneteenth, the Reconstruction era, the Civil Rights Act of 1866, the Fourteenth and Fifteenth Amendments, the Black Codes, the KKK, the Jim Crow Era, the Compromise of 1877, the Tulsa race massacres, and other topics that necessarily touch on concepts of race, racism, and slavery. She does not know how she can teach or facilitate student research and discussion of these topics without creating a risk of being accused of violating the Letter’s vague conception of illegal discrimination. She feels that she is being held hostage to students and parents’ vague conceptions of discrimination and DEI under the Letter, which creates a risk to her career through its reporting mechanisms</p>
</blockquote>
<p><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"><strong>More Law&amp;Crime coverage: ‘Planned eliminations’: Reinstated Biden ethics enforcers proving to be a real thorn in Trump’s ability to fire federal workers</strong></a></p>
<p>As a close second, the letter also infringes on First Amendment rights to free speech and free association, the plaintiffs allege.</p>
<p>“The Letter unconstitutionally penalizes the protected speech of Plaintiffs’ members by threatening to withhold federal funding from any educational institution that provides a ‘DEI program,&#8221;” the lawsuit reads.</p>
<p>And, to hear the plaintiffs tell it, the Trump administration made matters worse for teachers with the <a href="https://www.ed.gov/about/news/press-release/us-department-of-education-launches-end-dei-portal" target="_blank" rel="noopener">late February announcement</a> of a website where “members of the public” are invited to upload so-called “receipts of betrayal” that identify educational institutions that promote “divisive ideologies and indoctrination.”</p>
<p>The filing predicts a dire upshot from such efforts, at length:</p>
<blockquote>
<p>The loss of federal funding would be devastating to almost any educational institution, including the institutions that employ Plaintiffs’ members. A [DOE] investigation premised on the vague prohibitions in the Letter, in conjunction with the so-called “receipts of betrayal,” would impose onerous legal, administrative, and reputational costs on the targeted institution.</p>
<p>To avoid these costs, it is foreseeable that educational institutions will take steps to suppress any expression that could be construed as a “DEI program.” Because the Letter does not offer any guidance as to what constitutes a DEI program, any curricular or even extracurricular speech at an educational institution that conceivably runs afoul of [the DOE’s] positions on race, diversity, equity, or inclusion is at risk of being censored or penalized.</p>
<p>Plaintiffs’ members reasonably fear that their educational institutions will investigate, discipline, or take other adverse action against them if they continue to discuss with students issues pertaining to race, diversity, equity, or inclusion. Plaintiffs’ members also fear adverse action if they continue to assign readings, invite guest speakers, or engage in discussion and debate with students on anything that might be construed to fall within these prohibited categories</p>
</blockquote>
<p>The lawsuit also complains the letter and its associated guidance was improperly issued by the agency and subagency in question.</p>
<p>“The Letter reflects final agency action,” the lawsuit reads. “It sets forth substantive obligations that it vows to ‘vigorously enforce,’ declares [the DOE’s] intention to ‘take appropriate measures to assess compliance with the applicable statutes and regulations based on the understanding embodied in th[e] letter,’ invites complaints, and announces that [the DOE] will begin enforcement as of February 28, 2025. Yet throughout the Letter, [the DOE] wholly eschews the congressionally imposed procedures designed to ensure that agency actions are not arbitrary and capricious but reasoned and within their sound expertise.”</p>
<p>At the heart of the matter is the plaintiffs’ belief that the Trump administration is attempting to dictate school curriculums and teachers’ lesson plans in order to root out the bugbear of DEI.</p>
<p>“In addition to its many procedural failings, the Letter’s substance is contrary to the constitutional rights of academic institutions and educators,” the filing goes on. “In its parts and as a whole, the Letter mandates compliance while at the same time leaving schools and educators without clear notice of the law, opening them to arbitrary and discriminatory enforcement. And it further oversteps the federal government’s role by reaching into curriculum, chilling the free speech and scholarship of academics and educators, and likewise impinging on the ability of students to hear perspectives the federal government finds objectionable.”</p>
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<p>And, in service of this effort, the DOE is playing fast-and-loose with language while rewriting and ignoring the relevant law, the lawsuit says. Here, specifically, the plaintiffs accuse the government of misapplying and misinterpreting the landmark <a href="https://www.oyez.org/cases/2022/20-1199" target="_blank" rel="noopener">2023 U.S. Supreme Court decision</a> barring colleges from affirmative action in admissions.</p>
<p>“The decision only addressed race as a formal admissions factor in higher education — it did not ban curriculum, student groups, DEI programming, or race-neutral diversity initiatives,” the American Civil Liberties Union, whose attorneys are representing the teachers union plaintiffs, said in a <a href="https://www.aclu.org/press-releases/aclu-and-nea-sue-u-s-department-of-education-over-unlawful-attack-on-educational-equity" target="_blank" rel="noopener">press release</a> announcing the litigation.</p>
<p>The lawsuit, at its core, also reads as a full-throated endorsement of DEI principles from the nation’s largest labor union.</p>
<p>The original petition begins:</p>
<blockquote>
<p>“The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.” Our schools cannot fulfill their role as the nation’s “nurseries of democracy,” without teaching students about the world, including the historical and lived experiences of people of different races, genders, and abilities. Diversity, equity, and inclusion initiatives are critical to that effort by both expanding equal educational opportunity and providing students with an education that prepares them to succeed in a diverse democratic society.</p>
</blockquote>
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		<title>Judge halts Trump&#8217;s refugee admissions crusade</title>
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		<pubDate>Wed, 26 Feb 2025 05:01:09 +0000</pubDate>
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					<description><![CDATA[<p>Republican presidential nominee former President Donald Trump speaks at the National Guard Association of the United States’ 146th General Conference, Monday, Aug. 26, 2024, in Detroit. (AP Photo/Carolyn Kaster) A federal judge in Seattle slammed the brakes Tuesday on President Donald Trump’s “dismantling” of the U.S. refugee resettlement system, saying his decision to suspend support [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/judge-halts-trumps-refugee-admissions-crusade/">Judge halts Trump&#8217;s refugee admissions crusade</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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</p>
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<div id="attachment_478565" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-478565" class="size-full wp-image-478565" src="https://am24.mediaite.com/lc/cnt/uploads/2024/08/AP24239735079503.jpg" alt="Republican presidential nominee former President Donald Trump speaks at the National Guard Association of the United States" general="" conference="" monday="" aug.="" in="" detroit.="" width="1200" height="627"/></p>
<p id="caption-attachment-478565" class="wp-caption-text">Republican presidential nominee former President Donald Trump speaks at the National Guard Association of the United States’ 146th General Conference, Monday, Aug. 26, 2024, in Detroit. (AP Photo/Carolyn Kaster)</p>
</div>
<p>A federal judge in <a href="https://lawandcrime.com/high-profile/it-oversteps-the-presidents-authority-judge-says-trumps-transgender-care-order-is-unconstitutional-and-blocks-kids-from-treatments-completely-unrelated-to-gender-identity/" target="_blank" rel="noopener">Seattle</a> slammed the brakes Tuesday on President Donald Trump’s <a href="https://lawandcrime.com/high-profile/no-authority-for-the-executive-judge-urged-to-kibosh-trump-admins-irrational-and-indefinite-refugee-resettlement-ban/" target="_blank" rel="noopener">“dismantling” of the U.S. refugee resettlement system</a>, saying his decision to suspend support for 90-day intervals “crossed the line” of separation of powers.</p>
<p>“To be sure, the president has substantial discretion to suspend refugee admissions, but that authority is not limitless,” U.S. District Judge Jamal Whitehead said in court after issuing a preliminary injunction from the bench, according to the <a href="https://www.seattletimes.com/seattle-news/politics/seattle-judge-blocks-trumps-refugee-ban/" target="_blank" rel="noopener">Seattle Times.</a> “I cannot ignore Congress’ detailed framework on refugee admissions. The plaintiffs face concrete irreparable harm.”</p>
<p>A coalition of faith organizations, <a href="https://lawandcrime.com/tag/refugees/" target="_blank" rel="noopener">refugees</a> and U.S. citizens whose family members are refugees are suing the Trump administration in the Western District of Washington. They were seeking a temporary restraining order, a preliminary injunction and a permanent injunction over an executive order that the president handed down last month — <a href="https://www.federalregister.gov/documents/2025/01/30/2025-02011/realigning-the-united-states-refugee-admissions-program" target="_blank" rel="noopener">Executive Order 14163</a> — which aims to suspend the U.S. Refugee Admissions Program (USRAP) for 90-day intervals “until such time as the further entry into the United States of refugees aligns with the interests of the United States.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Whitehead, who is a <a href="https://lawandcrime.com/high-profile/no-such-power-judge-blocks-trumps-unlawful-attempt-to-fire-biden-appointed-member-of-civil-service-board/" target="_blank" rel="noopener">Joe Biden appointee</a>, granted a preliminary injunction Tuesday that bars Trump from carrying out EO 14163 while he weighs the legality of the lawsuit and claims being made by the plaintiffs. She said that the order ultimately “crossed the line from permissible discretionary action to effective nullification of congressional will.”</p>
<p><a href="https://lawandcrime.com/high-profile/put-simply-this-makes-no-sense-fani-willis-rips-appeals-court-over-disqualification-from-trump-case-seeks-reversal-from-state-supreme-court/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Put simply, this makes no sense’: Fani Willis rips appeals court over disqualification from Trump case, seeks reversal from state supreme court</strong></a></p>
<p>“No refugees will be getting on planes tonight,” David Duea, the president of Lutheran Community Service Northwest, one of the groups suing, told local NBC affiliate <a href="https://www.king5.com/article/news/community/facing-race/washington-immigration/refugee-aid-groups-sue-trump-refugee-ban-court-hearing/281-ea6a2d69-dc03-43a3-8bbe-9d39092190f3" target="_blank" rel="noopener">KING</a> after Whitehead’s decision came down. “We’re not going to resettle anyone else today, and the refugees we resettled over the last 90 days, it’s still a bit in limbo. We’ll see how the administration reacts.”</p>
<p>The plaintiffs, in their <a href="https://storage.courtlistener.com/recap/gov.uscourts.wawd.344495/gov.uscourts.wawd.344495.1.0_1.pdf" target="_blank" rel="noopener">46-page complaint</a> filed on Feb. 10, say the targeting of refugee support is a “stark violation of federal law” — and not the first time Trump has “attacked refugees and the system that facilitates their resettlement,” the complaint says.</p>
<p>“This Court, as well as courts around the country, uniformly rejected those prior attempts,” the coalition blasts. “Rather than learn from past mistakes, the Trump Administration has repeated them and engaged in severely harmful and irrational conduct that flouts the rule of law.”</p>
<p>Led by a Congolese refugee identified only by the pseudonym Pacito, the refugee resettlement lawsuit accuses Trump of violating the <a href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157&amp;num=0&amp;edition=prelim" target="_blank" rel="noopener">1980 Refugee Act</a>, which is part of the broader Immigration and Nationality Act (INA). This federal law “sets out detailed policies and procedures” that make up the USRAP, according to the lawsuit, and the plaintiffs say portions of it are “statutorily mandated.”</p>
<p><a href="https://lawandcrime.com/email-newsletter/" target="_blank" rel="noopener"><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>
<p>The coalition points to Trump’s temporary ban on the admission of refugees from Muslim-majority countries during his first presidency. The present ban goes further by applying to all refugees and being positioned as “indefinite,” their suit says. The plaintiffs include nine people who are affected by Trump’s EO and a trio of resettlement organizations, including <a href="https://lcsnw.org/" target="_blank" rel="noopener">Lutheran Community Services Northwest</a> in Tacoma and the Seattle-based faith group <a href="https://cwsglobal.org/" target="_blank" rel="noopener">Church World Service</a>.</p>
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		<title>Judge says Trump&#8217;s anti-DEI orders violate First Amendment</title>
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		<pubDate>Sat, 22 Feb 2025 17:00:32 +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. The law, named after a Georgia student murdered by an undocumented immigrant is the first bill of the second Trump administration (Yuri Gripas/Abaca/Sipa USA/Sipa via AP Images). A [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/judge-says-trumps-anti-dei-orders-violate-first-amendment/">Judge says Trump&#8217;s anti-DEI orders violate First Amendment</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. The law, named after a Georgia student murdered by an undocumented immigrant is the first bill of the second Trump administration (Yuri Gripas/Abaca/Sipa USA/Sipa via AP Images).</p>
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<p>A federal judge on Friday blocked the Trump administration’s plans to make “diversity, equity, and inclusion” (DEI) initiatives illegal.</p>
<p>In late January, the <a href="https://lawandcrime.com/tag/donald-trump/" target="_blank" rel="noopener">45th and 47th president</a> signed executive orders which purported to root out DEI from federal government contracts and by barring government contractors with DEI programs of their own. Additionally, Trump directed the U.S. Attorney General to “deter” such “programs or principles” and to consider launching “civil compliance” investigations to effectuate such deterrence.</p>
<p>On Feb. 3, the National Association of Diversity Officers in Higher Education (NADOHE) and several other plaintiffs filed a <a href="https://storage.courtlistener.com/recap/gov.uscourts.mdd.575287/gov.uscourts.mdd.575287.1.0_4.pdf" target="_blank" rel="noopener">42-page lawsuit</a> in Maryland federal court. The group describes itself as an organization that aims to help members “advance equity, inclusion, and the value of belonging within their campus communities.”</p>
<p>In their complaint, the plaintiffs alleged the Trump administration’s anti-DEI directives were unconstitutional for myriad reasons. On Friday, a federal court agreed on at least two counts.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>In a <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.276842/gov.uscourts.dcd.276842.50.1.pdf" target="_blank" rel="noopener">63-page memorandum opinion</a>, U.S. District Judge Adam B. Abelson, a Joe Biden appointee, the court found the anti-DEI directives both “unconstitutionally vague on their face” and in violation of the <a href="https://lawandcrime.com/tag/first-amendment/" target="_blank" rel="noopener">First Amendment</a> guarantee to freedom of speech.</p>
<p>Under the <a href="https://lawandcrime.com/tag/fifth-amendment/" target="_blank" rel="noopener">Fifth Amendment</a>‘s Due Process Clause, a basic principle of constitutional caselaw is that “an enactment is void for vagueness if its prohibitions are not clearly defined,” the judge notes — citing a <a href="https://supreme.justia.com/cases/federal/us/408/104/" target="_blank" rel="noopener">U.S. Supreme Court case from 1972</a>.</p>
<p>Here, the court determined that the “Termination Provision” of the anti-DEI directive — the provision that intends to broadly impact all existing contracts and any current or would-be contractors — has two major definitional flaws.</p>
<p>“First, the vagueness of the term ‘equity-related’ grants or contracts’ invites arbitrary and discriminatory enforcement,” Abelson writes. “Second, the vagueness of the term offers insufficient notice to current grantees about whether and how they can adapt their conduct to avoid termination of their grants or contracts.”</p>
<p>The court also found Trump’s directive for law enforcement to enforce the anti-DEI crusade through civil compliance investigations vague under the 5th Amendment’s guarantee of due process under the law.</p>
<p>From the opinion, at length:</p>
<blockquote>
<p>Defendants have rescinded swaths of existing executive branch guidance on what the executive branch considers the federal civil rights laws to require, prohibit, or allow. Yet neither [executive] Order gives guidance on what the new administration considers to constitute “illegal DEI discrimination and preferences,” or “[p]romoting ‘diversity,’” or “illegal DEI and DEIA policies,” or what types of “DEI programs or principles” the new administration considers “illegal” and is seeking to “deter.” The due process clause of the Fifth Amendment requires that “prohibitions” on conduct be “clearly defined.”</p>
</blockquote>
<p>“Vague laws invite arbitrary power,” the opinion goes on — directly quoting Supreme Court Justice Neil Gorsuch.</p>
<p>“Plaintiffs here have shown substantial evidence of the risks of such arbitrariness here,” Abelson continues. “By threatening the ‘private sector’ with enforcement actions, based on those vague, undefined standards, the Enforcement Threat Provision is facially unconstitutional under the due process clause of the Fifth Amendment.”</p>
<p>The court also found several First Amendment violations.</p>
<p>“There is a label for government action that seeks to ‘deter . . . principles,’ that the government disagrees with: ‘restrict[ion]’ of ‘expression because of its message, its ideas, its subject matter, or its content.’ And the most ‘blatant’ and ‘egregious form of content discrimination’ is viewpoint discrimination,” the opinion goes on. “The Certification and Enforcement Threat Provisions squarely, unconstitutionally, ‘abridge the freedom of speech&#8221;”</p>
<p>Specifically, the court found that the effort to force potential contractors to certify compliance with anti-DEI principles and the threat against private businesses to stop their existing DEI policies in violation of the First Amendment.</p>
<p>Abelson explains, again at length:</p>
<blockquote>
<p>The Enforcement Threat Provision applies broadly to the private sector; therefore, unlike with the other provisions, the analysis is based on pure private speech regulated by the First Amendment as opposed to the speech of federal contractors or grantees. Plaintiffs have shown a likelihood of success on the merits of their claim that the Enforcement Threat Provision, which threatens to bring enforcement against perceived violators of undefined standards, is, on its face, an unlawful viewpoint-based restriction on protected speech. The Enforcement Threat Provision expressly focuses on “deter[ring] DEI programs or principles that constitute illegal discrimination or preferences” and “encourag[ing] the private sector to end illegal discrimination and preferences, including DEI,” without, for example, a similar restriction on anti-DEI principles that may also be in violation of existing federal anti-discrimination laws That is textbook viewpoint-based discrimination.</p>
</blockquote>
<p>Ultimately, the judge issued a preliminary nationwide injunction against each of the three anti-DEI directives. The court declined, however, to enjoin the Attorney General from preparing a report — as one of Trump’s orders directs her to do.</p>
<p>The injunction will remain in effect pending the resolution of the case itself at the district court level, or, unless the administration is granted and wins a reprieve from a federal court of appeals.</p>
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		<title>Appeals court stops Trump&#8217;s Hampton Dellinger fight</title>
		<link>https://homesafetytechpros.com/appeals-court-stops-trumps-hampton-dellinger-fight/</link>
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		<pubDate>Sun, 16 Feb 2025 21:35:31 +0000</pubDate>
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					<description><![CDATA[<p>Left: President Donald Trump gives remarks during an event celebrating the 2024 Stanley Cup Champion the Florida Panthers in the East Room of the White House in Washington, DC on Monday, February 3, 2025 (Photo by Aaron Schwartz/Sipa USA)(Sipa via AP Images). Right: Hampton Dellinger (Office of Special Counsel). A federal appeals court has rejected [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/appeals-court-stops-trumps-hampton-dellinger-fight/">Appeals court stops Trump&#8217;s Hampton Dellinger fight</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_507029" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-507029" class="size-full wp-image-507029" src="https://am23.mediaite.com/lc/cnt/uploads/2025/02/Hampton-Dellinger-and-Trump.jpg" alt="Left: President Donald Trump gives remarks during an event celebrating the 2024 Stanley Cup Champion the Florida Panthers in the East Room of the White House in Washington, DC on Monday, February 3, 2025 (Photo by Aaron Schwartz/Sipa USA)(Sipa via AP Images). Right: Hampton Dellinger (Office of Special Counsel)." width="1200" height="627"/></p>
<p id="caption-attachment-507029" class="wp-caption-text">Left: President Donald Trump gives remarks during an event celebrating the 2024 Stanley Cup Champion the Florida Panthers in the East Room of the White House in Washington, DC on Monday, February 3, 2025 (Photo by Aaron Schwartz/Sipa USA)(Sipa via AP Images). Right: Hampton Dellinger (Office of Special Counsel).</p>
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<p>A federal appeals court has rejected President <a href="https://lawandcrime.com/high-profile/hereby-fully-enjoined-federal-judge-blocks-trump-admin-from-enforcing-or-implementing-key-aspects-of-executive-order-on-transgender-medical-care/" target="_blank" rel="noopener">Donald Trump</a>‘s attempt to <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">boot the Biden administration’s whistleblower advocate Hampton Dellinger</a> from his post at the Office of Special Counsel, voting 2-1 to let him keep his job through a temporary restraining order (TRO) <a href="https://lawandcrime.com/high-profile/intrudes-on-the-presidents-lawful-authority-trump-doj-fires-back-at-judge-who-let-biden-ethics-enforcer-keep-job-with-motions-to-stay-her-order/" target="_blank" rel="noopener">issued by a lower court judge</a>. Trump’s Justice Department had asked the<a href="https://lawandcrime.com/tag/us-circuit-court-of-appeals/" target="_blank" rel="noopener"> U.S. Court of Appeals for the D.C. Circuit</a> to rule by noon Friday, saying it has “the opportunity to seek expeditious review” from the <a href="https://lawandcrime.com/tag/u-s-supreme-court/" target="_blank" rel="noopener">Supreme Court</a>, should they be swatted down. The rejection came Saturday just before 11 p.m.</p>
<p>“The relief requested by the government is a sharp departure from established procedures that balance and protect the interests of litigants, and ensure the orderly consideration of cases before the district court and this court,” <a href="https://media.cadc.uscourts.gov/orders/docs/2025/02/25-5028LDSD.pdf" target="_blank" rel="noopener">wrote</a> judges Florence Pan and J. Michelle Childs in the late night ruling. “The government asks us to resolve disputed issues that plainly have not been finally adjudicated by the district court. The litigation of Dellinger’s motion for a preliminary injunction is ongoing … and that litigation raises issues that are overlapping, if not identical, to those that would be presented in an appeal of the TRO.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Trump’s DOJ filed motions last week for an “immediate administrative stay” of the lower court’s TRO in both district and appeals court after it was granted by U.S. District Judge <a href="https://lawandcrime.com/high-profile/judge-amy-berman-jackson-had-very-little-sympathy-for-manafort-during-his-sentencing-hearing/" target="_blank" rel="noopener">Amy Berman Jackson</a> to allow Dellinger to keep his job while she weighs whether his firing by Trump on Feb. 7 was legal. The move came after Dellinger, who was appointed by Biden in February 2024 to enforce whistleblower laws, filed a lawsuit in the District of Columbia after being fired by the <a href="https://lawandcrime.com/high-profile/no-deference-is-warranted-transgender-woman-wins-temporary-restraining-order-after-mocking-trump-admin-for-declining-to-defend-gender-ideology-policy-on-the-merits/" target="_blank" rel="noopener">Trump administration</a> “in a one-sentence email,” according to his federal complaint.</p>
<p>In its <a href="https://www.documentcloud.org/documents/25520301-hampton-dellinger-v-scott-bessent-25-5025/" target="_blank" rel="noopener">appeals motion</a>, the DOJ said it was “unaware” of any other occasion in American history where a federal court has “purported to install a principal officer of the United States after the president has removed him — let alone to do so without finding that he was likely to prevail on the merits of his claim, as the district court did here.” The motion pointed to SCOTUS precedent as well as former President Joe Biden’s own 2021 firing of Andrew Saul, who was social security commissioner at the time, as reasons for slapping down the lifeline Jackson tossed to Dellinger last week.</p>
<p>In a 12-page dissent to the Saturday ruling, U.S. Circuit Judge<a href="https://lawandcrime.com/judiciary/progressives-deeply-concerned-trump-will-appoint-third-loyalist-to-crucial-d-c-circuit/" target="_blank" rel="noopener"> Greg Katsas</a> — a Trump appointee — said he believes the president “is immune from injunctions directing the performance of his official duties, and Article II of the Constitution grants him the power to remove agency heads.” Katsas argued that “the extraordinary character of the order at issue here” is the fact that it directs the president to “recognize and work” with an agency head whom he has already removed, which warrants “immediate” appellate review.</p>
<p>“The TRO unjustifiably intrudes into a core institutional prerogative of the President, while Dellinger’s modest individual injury could be remedied in an action for backpay,” the dissenting judge wrote. “An injunction preventing the President from firing an agency head —and thus controlling how he performs his official duties — is virtually unheard of. And in any event, Article II of the Constitution empowers the President to remove the head of an agency with a single top officer.”</p>
<p><a href="https://lawandcrime.com/high-profile/accelerating-their-terminations-trump-admin-continues-to-cancel-usaid-contracts-suspend-grants-lawsuit-says/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Accelerating their terminations’: Trump admin continues to cancel USAID contracts, suspend grants, lawsuit says</strong></a></p>
<p>In their ruling, Pan and Childs said they felt that it was ultimately the lower court’s job to decide whether Dellinger was allowed to keep his job through the TRO issued by Jackson, a 2011 Barack Obama appointee, on account of TRO’s “ordinarily” not being an appealable order. “The government asks us to make an exception and hear its appeal because the TRO ‘works an extraordinary harm’ and is set to last for 14 days,” the judges note.</p>
<p>The government had requested that the appeals court “construe its stay motion as a petition for a writ of mandamus and grant the petition,” which the judges said would have the same effect of reversing the TRO. “The government filed its appeal and stay motion on the evening of February 12, 2025, and requested a ruling from this court within two days, by noon on February 14, 2025, so that the Acting Solicitor General ‘has the opportunity to seek expeditious review from the Supreme Court if this Court denies relief,&#8221;” the judges explained.</p>
<p>“Instead of entertaining an emergency appeal of a TRO, the normal course would be for us to wait for the district court to issue a ruling on the preliminary injunction, which would be immediately appealable,” the pair concluded. “Indeed, many of the issues raised in the stay motion will be addressed by the district court at the preliminary-injunction hearing on February 26, 2025. The district court has promised to issue its preliminary-injunction ruling with ‘extreme expedition.&#8217;”</p>
<p>In district court, Trump’s DOJ claimed last week that Dellinger had not established how he will suffer irreparable harm if Jackson’s TRO is stayed pending an appeal. “A stay is not necessary to prevent any cognizable harm to plaintiff,” the DOJ’s motion said.</p>
<p>In his complaint, Dellinger claims that by firing him from the Office of Special Counsel, the Trump administration “jeopardized” the functioning of an agency designed to stop exactly that. The DOJ, however, insists that OSC can function just fine without Dellinger in charge.</p>
<p>“To the extent Plaintiff asserts irreparable harm to the functioning of OSC itself, that assertion is misplaced,” the department’s <a href="https://www.documentcloud.org/documents/25520297-dellinger-v-bessent-1-25-cv-00385/" target="_blank" rel="noopener">district court motion</a> said last week. “Both because OSC can continue to function with an Acting Special Counsel (who had already assumed Plaintiff’s role before the district court’s order) and because Plaintiff would lack standing to raise such a harm.”</p>
<p>Dellinger, 57, was appointed by Biden to serve a five-year term before he was fired by Trump. His termination and lawsuit came less than a week after an employee of the National Labor Relations Board, an independent federal agency that enforces labor laws and protects workers’ rights to organize, sued Trump after being axed in January in similar fashion.</p>
<p><strong><a href="https://lawandcrime.com/high-profile/directly-violates-the-law-trump-defying-90-years-of-supreme-court-precedent-in-firing-labor-board-member-after-unlawful-termination-lawsuit-says/" target="_blank" rel="noopener">More from Law&amp;Crime: ‘Directly violates the law’: Trump defying ’90 years of Supreme Court precedent’ in firing labor board member after ‘unlawful’ termination, lawsuit say</a></strong></p>
<p>A group of federal watchdogs who got booted from their posts last month have also <a href="https://lawandcrime.com/high-profile/obvious-illegality-trumps-firing-of-us-watchdogs-violated-federal-law-as-he-kicked-longtime-public-servants-to-the-curb-without-properly-telling-congress-suit-says/" target="_blank" rel="noopener">teamed up to sue</a> the Trump administration — saying the firings violated “unambiguous federal statutes” — in a joint legal bid to get their jobs back.</p>
<p>The group of watchdogs suing the Trump administration includes former Department of Defense inspector general Robert Storch; former Department of Veterans Affairs IG Michael Missal; former Department of Health and Human Services IG Christi Grimm; former State Department IG Cardell Richardson; former Department of Education IG Sandra Bruce; former Department of Agriculture IG Phyllis Fong; former Labor Department IG Larry Turner; and Small Business Administration IG Michael Ware.</p>
<p>Last Monday, the White House reported that Cathy Harris — who is on the three-member Merit Systems Protection Board, which protects terminated federal workers from “partisan political and other prohibited personnel practices,” according to its government website — was being fired, along with its vice chair Ray Limon. Harris responded to her termination with a lawsuit as well, calling it “unlawful” and having “no basis in fact.”</p>
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