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The courts, backed by impacted people, are proving to be a significant check on Trump’s thirst for absolute power.
US President Donald Trump is on a losing streak this week. Just look at the latest judicial decisions challenging his policies, from mass deportations to tariffs to his troop deployments to US cities.
The courts are proving to be a significant check on Trump’s thirst for absolute power.
These cases illustrate the point:
Over Labor Day weekend, Immigration and Customs Enforcement attempted to begin deporting up to 700 unaccompanied Guatemalan children. In the dead of night, the first children were loaded onto planes in south Texas. “These are unaccompanied children who do not have a parent or a guardian with them,” Efrén Olivares, an attorney representing the minors, said on the Democracy Now! news hour.
At 1:00 am on Sunday morning, Olivares and his colleagues filed an emergency complaint with the federal court in Washington, DC. Judge Sparkle Sooknanam was woken after 2:00 am, and by 4:00 am she issued a temporary restraining order blocking the deportations until the children had the immigration hearings to which they have a legal right.
Meanwhile in Texas, the 5th Circuit Court of Appeals, considered the nation’s most conservative, ruled that Trump’s use of the 1798 Alien Enemies Act to deport people was illegal.
The Appeals Court in Washington DC ruled that Trump’s so-called “Liberation Day” tariffs were illegal and unconstitutional, noting that only Congress has the power to impose tariffs. The ruling was “a sweeping decision that unequivocally rebukes President Trump’s idea that he can impose tariffs on American consumers on his own,” Neal Katyal, the attorney who argued the case, said on Democracy Now!
Trump says, “We’re going in,” threatening to invade Chicago using, among other forces, the Texas National Guard.
But in California, a federal judge, invoking the 1878 Posse Comitatus Act that bars the use of military in domestic law enforcement, ruled in favor of Gov. Gavin Newsom, finding Trump’s deployment of the California National Guard to the streets of Los Angeles, along with several hundred US Marines, was illegal. Judge Charles Breyer, the brother of retired US Supreme Court Justice Stephen Breyer, issued an injunction barring the Trump administration from “deploying, ordering, instructing, training, or using the National Guard currently deployed in California, and any military troops [from] engaging in arrests, apprehensions, searches, seizures, security patrols, traffic control, crowd control, riot control, evidence collection, interrogation, or acting as informants.”
These are just a few of the recent court cases that have rebuked Trump as he attempts to subvert the US Constitution.
We recently got a personal glimpse into what judicial wins over Trump look like. In the high mountain air of Telluride, Colorado, we had a chance to spend time with E. Jean Carroll, the renowned advice columnist and journalist. She was at the Telluride Film Festival for the premier of the new documentary, Ask E. Jean.
Carroll had a long and storied career as the advice columnist for Elle Magazine, and has published several books. In recent years she became known as one of the most prominent women to accuse Donald Trump of sexual abuse, saying he raped her in the dressing room of the Bergdorf Goodman department store in the mid-1990s, in Manhattan.
The courts are playing a central role in opposing the lawless Trump administration, but the core of the resistance are people.
Carroll sued Trump in civil court, and a jury found him guilty of sexually abusing her. Judge Lewis Kaplan wrote, “Trump did in fact ‘rape’ Ms. Carroll as that term commonly is used and understood.” She was awarded a $5 million settlement from Trump. After the verdict, he called her a liar. She then sued for defamation, and won an additional jury award of $83.3 million.
Carroll cut an elegant figure, walking along Telluride’s main avenue with the sweeping Continental Divide as a backdrop. Her film premiered to rave reviews, and, should there remain a film distributor in this country not cowed by threats of lawsuits from Trump, it should be available for viewing by a wide audience. The film highlights the story of one courageous woman refusing to be defined as a victim of Donald Trump, providing inspiration, no doubt, to the hundreds of survivors of Trump’s old friend, the now-dead sexual predator Jeffrey Epstein. Many of them spoke this week outside the US Capitol, demanding the full release of the Epstein files. The Trump administration, which controls the files, is resisting.
Behind each lawsuit are impacted people, whether immigrant children pulled from their beds in the middle of the night and thrown on planes, or people standing up in the streets of LA confronting illegally deployed troops, whether sexual abuse survivors banding together, or federal workers fired en masse.
The courts are playing a central role in opposing the lawless Trump administration, but the core of the resistance are people–people at every level organized in opposition, defending democracy.
"If major media outlets succumb to intimidation from the Trump administration, the First Amendment is in serious danger."
Independent U.S. Sen. Bernie Sanders of Vermont on Monday took aim at both President Donald Trump's attempts at "suing the media into submission" and news outlets' willingness to settle such cases and self-censor as "incredibly dangerous" precedents.
In a video posted on social media, Sanders highlighted that CBS News parent company Paramount is in talks with Trump's lawyers to possibly settle a $10 billion lawsuit filed by the president just days before the 2024 election accusing "60 Minutes" of deceptively editing an interview with Vice President Kamala Harris, the Democratic nominee.
Sanders also noted how ABC News agreed last year to pay a $15 million settlement that included a letter of regret after veteran anchor and political commentator George Stephanopoulos said Trump had been found "liable for rape" of writer E. Jean Carroll. A federal jury in Manhattan found Trump civilly liable for sexual abuse and defamation of Carroll, but not rape—even though Caroll testified in graphic detail that Trump raped her in a department store dressing room in the 1990s.
"I regard that as an incredibly dangerous precedent, both of those, ABC and CBS," Sanders said in the video, denouncing "major media outlets succumbing to pressure from the Trump administration."
"People have a right to express their own point of view," Sanders asserted. "Yeah, networks are wrong all of the time. They're wrong about me, wrong about Trump. But if you use the power of government to intimidate networks, they're not going to do the big stories. They're not going to do the investigations. Why should they go out on a limb and tell you something if they're afraid about being sued by the Trump administration?"
The video also notes Trump's lawsuit against pollster J. Ann Selzer, her polling firm Selzer & Company, The Des Moines Register, and the Iowa newspaper's parent company, Gannett, alleging fraud and "brazen election interference" over a November 2 poll showing Harris beating Trump by 3 points in the 2024 election. Trump won Iowa by 13 points.
"If major media outlets succumb to intimidation from the Trump administration, the First Amendment is in serious danger," Sanders stressed. "We need an independent press that reports the truth without fear of retribution."
Major media outlets have also been accused of self-censorship. Jeff Bezos and Patrick Soon-Shiong, the billionaire owners of The Washington Post and Los Angeles Times, respectively, have come under fire for prohibiting or restricting opinion pieces critical of Trump or supportive of his adversaries.
"If you believe The Washington Post's slogan that 'Democracy Dies in Darkness,' their owner was the first to switch off the light," journalist David Helvarg wrote last month for Common Dreams.
The Nation justice correspondent and columnist Elie Mystal wrote last month that "recent events have shown that Trump does not have to impose a new regime of censorship if the press censors itself first."
"And that, I believe, is what we are witnessing now: a press that gives away its First Amendment rights before Trump takes them away," he continued. "A press that will not speak truth to power if power threatens to kick their owners off a cocktail party list or gum up their operations."
"The debasement of the press will continue until readers and viewers reject the media that would rather lie to them than tell the truth to Trump," Mystal added. "The people who run these publications and news organizations are betting that we won't."
"A jury concluded that $88 million would be enough to deter Trump from further defaming E. Jean Carroll," said one legal observer. "I have my doubts."
A jury in New York City on Friday awarded E. Jean Carroll an $83.3 million judgment to be paid by Donald Trump for defaming her publicly on multiple occasions regarding rape allegations she made against the former president.
The judgment—by a 9-person jury with 7 men and 2 women—included $7.3 million in compensatory damages, $11 million designated for a reputational repair program, and a punitive portion—by far the largest—of $65 million.
As MSNBC reported from just outside the Manhattan courthouse:
According to the New York Times:
The award included $65 million in punitive damages, which the nine-member jury assessed after finding Mr. Trump, 77, had acted maliciously after Ms. Carroll's lawyers pointed to Mr. Trump's persisting in attacks on her, both from the White House and after leaving office.
On a single day recently, Mr. Trump made more than 40 derisive posts about her on his Truth Social website.
A civil jury in May of last year found Trump liable for sexually abusing Carroll and subsequently defaming her, but Friday's ruling was focused on Trump's ongoing defamation that continued even after that judgment. The financial judgement in last year's case was $5 million, but the much larger judgement on Friday could mean real financial pain for Trump.
"A jury concluded that $88 million would be enough to deter Trump from further defaming E. Jean Carroll," said former prosecutor and legal expert Renato Marioti in response to the verdict. "I have my doubts."