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When Trump doesn't like court decisions...evict them! [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2025-02-14
You may remember stories starting two weeks ago about Musk being upset about unused government office buildings and space. Ones that would not even be fully utilized if workers stopped working remotely. With the effort to reduce the federal workforce by massive amounts, the need for buildings and space goes down even more.
Musk also wants to terminate leases on buildings and office space not used.
Elements of the judicial branch are part of the DOGE review.
"The prospect of President Trump and Elon Musk's DOGE infringing on judicial branch operations and prerogatives raises the constitutional stakes as the new administration sidelines Congress and unilaterally shutters agencies, purges federal workers, and imposes spending freezes."
Some federal public defender's offices received a notice last week from the general Services Administration titled: "Right Sizing the Federal inventory."
it "asked recipients to indicate whether terminating lease on their office will leave their mission 'irreperably compromised' and whether the location 'directly serves the public.'"
Senator Tim Kaine said that he had received a whistleblower tip saying that the Trump administration had told public defenders and probation officers that their leases could be immediately terminated.
Later, federal judges across the country received a "fork in the road" email much like the one sent to executive branch employees.
A memo sent out by the Administrative Office of U.S. Courts Thursday was titled, "Guidance Regarding Recent Executive Branch Actions Impacting Judiciary Facilities and Security."
The memo cites the return-to-office orders, which prompted executive branch agencies to contact courthouses and other judiciary facilities and ask about available office space.
Another memo said that the GSA is reviewing whether to terminate the leases on 160 judiciary-used locations around the country. They have to respond with an explanation of why their locations are needed.
The Administrative Office of U.S. Courts memo warned that there would be "confidentiality and security issues" with executive employees in judicial offices and violating Congress's appropriations for judicial, and not executive workspace.
"For those reasons, court units are advised not to house non-Judiciary employees in Judiciary facilities."
Even the US Marshals service could be affected as they provide security for federal courts and carry out certain court orders. The Marshalls are under the aegis of the Department of Justice but the Administrative Office memo says that the US Marshals have made clear that providing the court services is their top priority.
Just like everyone else, they're also concerned about DOGE's access to employee data at the Office of Personnel and Management.
The Association of Administrative Law Judges has filed a lawsuit against DOGE to protect their personal data. The union represents 910 judges that handle cases at the Social Security Administration.
Like most of the other suits against Musk, DOGE and the Office of Personnel Management, the case is based on the Privacy Act of 1974.
"Our members are frequently subject to threats, so enforcement of the Privacy Act is at the top of mind to members," said Association of Administrative Law Judges President Som Ramrup.
Administrative law judges are different from the federal judiciary, who are known as Article III judges. Administrative judges operate within executive agencies such as the Social Security Administration, the U.S. Dept. of Labor and the Drug Enforcement Administration.
All this seems to be much more than just an accident of the judiciary being hit in the crossfire.
Trump has needed courts and judges to handle all his cases, along with his lawyers, over the years. But, this is different, because he's acting as the government trying to go around the courts entirely with his edicts. If there's no longer a judiciary to stop him, well, he's won the war.
There have already been cases that have gone against Trump. Also, ones that have put his orders on hold like about birthright citizenship and freezing funds. Trump spokespeople and attack dogs have, of course, said, "Trump has a mandate so judges shouldn't be trying to interfere in the executive branch." Almost those exact words every day.
Some of the cases are being handled by Trump's appointees. When they rule against him, he feels betrayed. Remember when Trump referred to the Justices he put on the Supreme Court as "my Justices?" Many of these cases will probably wind up there. They absolutely must rule against Trump on the birthright citizenship, 14th Amendment cases. What will he do then?
As of today, Just Security's Litigation Tracker shows 68 cases against the Trump Administration. I remember it being 54 yesterday.
Congress has to fund the federal judiciary each year. Trump now has control of the House and the Senate. The judiciary makes it's request, appropriations committes add, amend, or cut provisions, and after passing, the President signs it. Suppose he doesn't. If Trump vetoes it, it takes a 2/3 majority to override in both Houses. Would that happen now with a Congress that has ceded their power to Trump?
A Marquette University study finds that 83% of respondents believe that the President should follow laws decided by the Supreme Court. But, 17% say that the President can ignore them and overrule those decisions.
Maybe I'm raising an alarm too early. But a court can't work if it doesn't even have the building it needs.
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