For example, in another case, U.S. District Judge Royce C. Lamberth Standard Judgment Memo of January 6, 2021, Participant James Little blasted election deniers and January 6 apologists. “Courts are used to defendants refusing to admit they did anything wrong,” he wrote. “But in my 37 years as a judge, I can’t recall a time when such senseless criminal conduct was justified in the mainstream.”
Lamberth did not identify MAGA supporters, but denounced “distortion and outright falsehoods.” [that] It will permeate the consciousness of the people. He added: “Some celebrities are trying to rewrite history, claiming that the rioters behaved ‘in an orderly manner’ like ordinary tourists, I was shocked to see such defendants being martyred as “political prisoners” or, unbelievably, “hostages.” (The latter has come from MAGA supporters, including Trump’s running mate, New York Rep. Elise Stefanik.) Lamberth said such claims are “ridiculous. “Such destructive and misguided rhetoric could pose further danger to our country.”
This was not an unruly protest. It was a riot. As is clear from my previous case, it is in many ways an organized insurrection. …The “protesters” were likely simply sharing their opinions about the election—as were the thousands of others who did not approach the Capitol that day. But those who invaded and occupied the Capitol building and grounds halted the counting of electoral votes, as required by the 12th Amendment.
The rioters disrupted a necessary step in the constitutional process, disrupted the legitimate transfer of power, and thereby endangered America’s constitutional order. Although the rioters did not achieve their ultimate goal, their actions still resulted in the deaths of multiple people, injuries to more than 140 law enforcement personnel, and lasting trauma across our nation. This was not patriotism. It was the opposite of patriotism.
And the rioters achieved this result by force. … The First Amendment does not give anyone the right to enter restricted areas or to riot inside the Capitol.
Although he admitted that in his opinion he could not stop the flood of lies, he expressed hope that “a little truth will go a long way.” His extraordinary warnings (similar to former federal judge J. Michael Luttig’s identification of Trump and his supporters as a “clear and present danger”) are against the MAGA movement’s attacks on the rule of law. It shows the seriousness of the situation.
Similarly, in sentencing President Trump’s former economic adviser Peter Navarro for contempt of Congress, U.S. District Judge Amit P. Jackson said: Mehta advised: … [The House Jan. 6 committee] I had a job to do and you made it even harder. ” He accused Navarro of trying to play the victim, calling it “nonsense.” He told the defendant: You are not subject to political prosecution. These are situations of your own creation. ” He then chided Mr. Navarro, saying executive privilege is not a “magic dust to avoid duty” or a “get-out-of-jail-free card.” All of these words would apply equally to Trump and his legion of initiatives.
These reprimands serve as a long-awaited declaration from the judiciary that lying upon lie will not be tolerated in our justice system. Facts matter in court. Criminals cannot escape responsibility for breaking the law. These justices refuse to allow MAGA’s widespread contempt for the courts and the Constitution to become the norm. They remind ordinary Americans that Trump and his minions are not above the law.
Despite these efforts, judges can and must do more to confront Republican lawmakers who ignore the law and the truth. After the Supreme Court issues an opinion directing Alabama to redraw its congressional districts to create a second majority black district, the Republican legislature and governor draw new maps that defy the court’s order. did. The Department of Justice went back to court and ordered Alabama to comply with the high court’s order, but unfortunately the Alabama Republican was not found in contempt. Their defiance not only cost taxpayers additional money and court time; They have set a troubling precedent that there are no consequences for flaunting your base in defiance of the courts.
Meanwhile, Texas’ Republican governor, Greg Abbott, has placed life-threatening razor wire in the Rio Grande, invading federal immigration jurisdiction. He deployed the Texas National Guard and “seized” the border by denying access to federal border officials. “The Supreme Court on Thursday granted the Biden administration’s request to allow federal Border Patrol agents to cut and remove razor wire installed by the state of Texas along part of the U.S.-Mexico border.” reported Scotus Blog. “Three migrants – a woman and two children – drowned near the disputed area on January 12, the Biden administration told judges in a filing last week, while the Mexican government said more migrants, one woman and two children, drowned near the disputed area. We had to rescue two people.”
Mr. Abbott announced that he was defying the Supreme Court’s order and violating his oath to uphold the U.S. Constitution and other laws. The Department of Homeland Security’s general counsel sent a letter to Texas Attorney General Ken Paxton (who, you may recall, filed the lawsuit to overturn the 2020 election) requesting permission from the court to enter. . The stalemate continues.
Equally troubling, Speaker Mike Johnson (Louisiana) and other House Republicans cheered Mr. Abbott’s override attempt. They blatantly encourage illegal activity when it serves their interests. (This reflects Mr. Johnson’s skill in rallying more than 125 House Republicans to sign a brief calling for disenfranchising millions of Americans and stealing the election from Mr. Trump.) ing.)
If Mr. Abbott continues to ignore the Supreme Court, the federal government should go back to court to obtain a contempt order against him. Unless the executive branch and courts put an end to antebellum-style state legal nullification, it will become the norm.
As we saw on January 6th, when elected leaders defy the law, they encourage their supporters to do the same. Chaos reigns, courts become powerless, and mob rule (directed by authoritarian leaders) prevails. As President Trump rails against judges and prosecutors and promises to “weaponize” the Justice Department, judges maintain a zero-tolerance policy for defiance of laws and court orders by officials (and former officials); Their claims of persecution must be ignored. Judges should continue to condemn the contempt for courts, law, and truth that Republicans routinely display.
President Trump will succeed in tearing apart the foundations of our democracy unless the courts deliver harsh consequences for this willful disregard of the law and this attack on the legitimacy of the courts. Judges just have to toe the line.