UJ
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On Saturday, President Donald Trump shared an enigmatic one-sentence observation that seems to encapsulate the underlying philosophy driving the initial weeks of his presidency, along with his broad and remarkable attempts to redefine the extent of executive power.
“He who saves his Country does not violate any Law,” Trump asserted in a social media post, which is now highlighted at the top of his profile.
Trump has significantly redefined the boundaries of his executive authority at the beginning of his second term, enacting numerous executive actions. This initiative has been reinforced by the administration’s implicit faith in its ability to withstand legal scrutiny, as Trump, in part, endeavored to reshape the judiciary during his first term.
Nevertheless, Trump’s remarkable attempts to augment the powers of the executive branch have encountered legal obstacles recently. Numerous lawsuits have quickly challenged Trump’s policies, leading judges to temporarily halt some implementations in order to assess their legality. These lawsuits include challenges related to halting federal foreign aid, dismissing federal employees, terminating government programs, and even shutting down agencies entirely.
Trump’s social media statement from Saturday is likely to resonate within the courtroom, as government attorneys defending his policy decisions against over 60 lawsuits are advocating to both safeguard and expand executive authority.
So far, the court cases have led Justice Department lawyers to argue that Trump’s presidential powers should not be constrained within the executive branch nor should they be entangled with the federal judiciary, particularly as he makes important decisions related to the federal workforce and budget. Several lawsuits have positioned the Trump administration to challenge congressional authority, especially regarding financial matters and the checks Congress has historically placed on executive power.
Some cases prepare the Trump administration for a direct confrontation with Congress’ appropriation powers, focusing on the constitutional framework for presidential authority.
One rapidly evolving case notable for its speed examines the president’s authority over an independent federal employee watchdog, the Office of Special Counsel. Trump dismissed that official weeks ago, but a court quickly reinstated him. On Sunday, the Trump administration escalated the matter to the Supreme Court for urgent review, marking the first case before the justices that will test the limits of executive power.
The rapid firing of officials seems aimed at compelling the Supreme Court to take action, mirroring Trump’s eagerness to challenge long-standing legal precedents, such as birthright citizenship and the president’s authority to pause funding.
On Wednesday, Acting Solicitor General Sarah Harris informed Senate Democrats that the Justice Department “plans to ask the Supreme Court to overturn” a 1935 ruling that allows Congress to safeguard specific federal officials from being dismissed without just cause. In the Trump administration’s perspective, these protections hinder “the president from effectively overseeing principal officers in the executive branch who enforce the laws on the president’s behalf.”
In a communication to Illinois Senator Dick Durbin, the leading Democrat on the Senate Judiciary Committee, Harris noted that her office would cease defending the constitutionality of removal provisions for the Federal Trade Commission, National Labor Relations Board, and Consumer Product Safety Commission.
“The department,” Harris stated, “has determined that those tenure protections are unconstitutional.”
Hampton Dellinger, the government’s special counsel, is among several independent officials challenging their dismissal by the White House. In a lawsuit filed in federal court in Washington, D.C. last week, Dellinger referenced the 1935 case Humphrey’s Executor v. United States as “binding Supreme Court precedent” that should prevent his termination by the president.
Trump’s latest significant challenge to executive authority was seen in his criminal case related to January 6, 2021, where he sought and received immunity from prosecution for official actions conducted while in office.
“The president is not above the law,” Chief Justice John Roberts articulated in that ruling. “However, Congress cannot criminalize the president’s conduct in fulfilling the responsibilities of the executive branch under the Constitution.”
The quote shared by Trump closely parallels one found in a 1970 film about Napoleon Bonaparte, whose aspirations included expanding French territory. Trump has shown interest in annexing both Canada and Greenland.
“President Trump has raised a question as old as the republic itself: Does the president have the authority to disregard a law if it is necessary to address a threat to national security?” remarked conservative lawyer John Yoo, who advocates for exploring the limits of presidential power, in an interview with UJ.
“The issue revolves around whether, even if such a prerogative power exists, the current circumstances are dire enough to warrant its use. Personally, I don’t believe they are, but the president possesses access to more information, much of which is classified or secret, than the general public. I suspect President Trump, as is often the case, is raising the issue even though he doesn’t plan to act on it,” he added.
The president’s post elicited mild backlash from some prominent Democratic lawmakers, as the Democratic Party has struggled to find a unified stance following Trump’s 2024 victory.
“Spoken like a true dictator,” remarked Sen. Adam Schiff from California, a member of the Senate Judiciary Committee, in response to Trump’s post.
Sen. Amy Klobuchar, a Democrat from Minnesota and also a member of that committee, offered a more resigned perspective regarding the latest actions of the Trump administration, which included the recent resignation of the top prosecutor in Manhattan and other high-ranking officials following the Justice Department’s directive to halt the prosecution of New York City Mayor Eric Adams on corruption allegations.
“This is just another day in the Trump administration. Costs are rising. Chaos is proliferating, and indeed, corruption is escalating. They have effectively turned the Mayor of New York City, who was facing serious bribery charges, into their own political pawn,” Klobuchar expressed during her appearance on UJ’s “State of the Union” on Sunday.
UJ’s John Fritze contributed to this report.
