Democrats Are Defending Trump in Court

Don't be fooled by performative opposition. The system protects its own.

PAUL J. RICHARDS/AFP via Getty Images

This past week, I’ve come across several notable news items that undercut the “Democrats are defending democracy” narrative.

First, the DOJ wants to block a subpoena to depose Donald Trump in the Peter Strzok case:

Julia Davis @JuliaDavisNews

The Justice Department is seeking to block a subpoena to depose former President Donald Trump in a lawsuit brought by former FBI agent Peter Strzok.

cnn.comDOJ seeks to block subpoena for Trump depositionThe Justice Department is seeking to block, for now, a subpoena to depose former President Donald Trump in a lawsuit brought by former FBI agent Peter Strzok.

Second, the Biden administration has nominated Gibson Dunn’s Jennifer Rearden, a Chevron lawyer first chosen by Trump, to the US District Court for the Southern District of New York.

Sarah Kendzior @sarahkendzior

Rearden is the second Trump-affiliated judge Biden nominated for SDNY. His other nominee, Jennifer Rochon, clerked for Trump's sister.

Melissa Quinn @MelissaQuinn97

Among the nine nominees to the U.S. district courts announced by the WH: Jennifer Rochon to the SDNY, who clerked for former President Trump’s sister https://t.co/hCCblgl5x7

Third, the Biden administration has continued Trump’s cruel policy of using Title 42 to expel asylum-seekers, and has argued before the Supreme Court in favor of indefinite detention for immigrants. The administration also backed out of a plan to compensate victims of Trump’s family separation (i.e. torture) policy: “Lawyers for the plaintiffs said the Justice Department did not give a clear reason for walking away from the negotiations and did not make an offer to the plaintiffs before doing so.”

Farida Jhabvala Romero @FaridaJhabvala

This morn Biden admin arguing before SCOTUS that some immigrants detained for 6 mo+, seeking humanitarian relief, are NOT entitled to ask a judge 4 release on bond. "All they are asking for is basic due process:"@ahilan_toolong @UCLA_Law who represents imm in Garland v. Gonzalez

It’s easy to distract voters with theatrics.

Photo by BRENDAN SMIALOWSKI/AFP via Getty Images

But behind the curtain, ruling class solidarity is real.

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UPDATE:

From the American Prospect: Garland Has Yet to De-Trumpify His Office of Legal Counsel

While we don’t know the full extent of the OLC’s misdirection under Trump, we do know that of the 48 opinions published on its website during Trump’s presidency, only three have been publicly revisited under President Biden.