The Judges and Juries Saving the Republic From Trump
Judge Fred Biery in Texas was even more blunt when ordering the release of 5-year-old Liam Conejo Ramos from a federal immigration detention center last month. “Observing human behavior confirms that for some among us, the perfidious lust for unbridled power and the imposition of cruelty in its quest know no bounds and are bereft of human decency,” he wrote in a three-page order. After his signature, he affixed a photo of young Liam being detained by immigration agents and affixed two Bible quotes, Matthew 19:14 (“Jesus said, ‘Let the little children come to me, and do not hinder them, for the kingdom of heaven belongs to such as these’”) and John 11:35 (“Jesus wept”).
This is not how federal judges write opinions and orders in normal circumstances. The growing pace with which the federal judiciary is being compelled to speak in such direct, unvarnished terms is a sign of how far the country has drifted from legitimate constitutional government. Take, for instance, the Trump administration’s unconstitutional campaign to punish six Democratic lawmakers for a video they published last November. At the time, the White House and the Pentagon were under intense scrutiny for a series of military strikes in the Caribbean targeting alleged drug-trafficking boats. Many observers have warned that these strikes could violate international law.
In the video, the six members of Congress—all of whom had previously served in the military—directly addressed American troops to tell them to “refuse illegal orders” if issued to them. “No one has to carry out orders that violate the law, or our Constitution,” they collectively said. “Know that we have your back.” Under the Uniform Code of Military Justice, the legal code for the U.S. armed forces, soldiers are obligated to not follow illegal orders and face the potential risk of prosecution if they carry them out.