Here we go again. At the beginning of his first term as president, Donald Trump issued an executive order temporarily banning travel from several countries - Yemen, for example, Sudan, Libya, and four others - that had been identified as major exporters of terrorism. The left went nuts, excoriating Trump for his “racist” “Muslim travel ban.”
It wasn’t a “Muslim travel ban,” but try telling that to Seattle District Court judge James Robart.
He sniffed the air, sensed the pleasing hysteria and press coverage, and issued a cursory restraining order against Trump’s executive order. The humorous part of Robart’s order came towards the end. As I wrote at the time, Robart insisted that the “declaratory and injunctive relief” outlined in his order be applied immediately and on a “nationwide basis” (my emphasis).
Seattle has spoken, Comrades! Judge Robarts finds (where? how?) that his court has jurisdiction over … well, over just about everything: the president and the head of the Department of Homeland Security, for starters, but also “the United States of America (collectively).”
So all across the fruited plain, “Federal Defendants and all their respective officers, agents, servants, employees, attorneys, and persons acting in concert or participation with them are hereby ENJOINED and RESTRAINED” from enforcing the President’s executive order.
This may be the best place to pause and point out that Donald Trump, acting as the president of the United States, was perfectly within his rights to issue an executive order to suspend travel from particular countries.
And so it is now with Trump’s deputies in the Department of Government Efficiency.
Tasked with the Herculean labor of unscrambling the byzantine Rube Goldberg device that is the 21st-century administrative state for furthering corruption, illegal payments, and partisan influence at home and abroad, DOGE commander Elon Musk and his laptop-and-algorithm-toting lieutenants have been patiently uncovering the pyramid of waste, fraud, and abuse that is the foundation of the United States government in its twenty-first-century incarnation.
No committees. No approvals. No red tape. Just four coders with unprecedented access and algorithms ready to run.
“The beautiful thing about payment systems,” noted a transition official watching their screens, “is that they don’t lie. You can spin policy all day long, but money leaves a trail.”
That trail led to staggering discoveries. Programs marked as independent revealed coordinated funding streams. Grants labeled as humanitarian aid showed curious detours through complex networks. Black budgets once shrouded in secrecy began to unravel under algorithmic scrutiny.
I suspect that the squeals and tantrums of the ruling party and its minions will amount to no more than theater. I further suspect that Trump will resort not only to “nonacquiesence” but also to non-payment. In 2022, New York received $383 billion in federal spending. There are many ways in which Trump could stanch the flow of federal dollars to obstreperous states. I think he should consider them all. I am also happy to see some official pushback. Rep. Darrell Issa, for example, just announced that he is “immediately introducing legislation next week to stop these rogue judges and allow Trump and DOGE to tell you where government is spending your money.” Good for him.
One final suggestion. If left-wing regime-party judges can issue emergency restraining orders with “immediate nationwide effect,” why couldn’t a politically mature district judge in, say, Alabama do the same, overturning the order issued by his left-wing colleague on an “immediate, nationwide basis?” I offer the idea free and for nothing.
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