Faced with reproaches from the courts, Stephen Miller and Elon Musk threaten the independence of the judiciary.
The deputy head of the White House administration Stephen Miller is present at the event of the commission “Make America again Healthy” (Maha) in the eastern room of the White House on Thursday, May 22, 2025.
(Jacqueline Martin / AP)
The second term of Donald Trump was marked by such sharp attacks on the Constitution that even the judges appointed by Trump were horrified. On Saturday, the District Judge of the United States Karin Immerghus, nominated by Trump in 2019, Blocked President of 200 military personnel of the National Guard in Portland, Oregon. Trump had Stated that Portland “is torn by the war” and “is in the siege” from the “Antif and other internal terrorists”. Judge Immerg He dismissed The justification of Trump as “not attached to the facts” and confirmation: “This is a country of constitutional law, not martial law.”
Responding to the Decree on Sunday, Trump justified the accusation that he “broke away from the facts” due to the incorrect gender approach to Judge Immergut. “People who choose judges did not help me very much,” Trump complained Journalists on Sunday. “If he made such a decision, Portland will burn to the ground … This judge should be ashamed of himself.”
Even more alarming were attacks on the judicial system by the two most important political associates of Trump, Deputy Head of the administration of Stephen Miller and technical billionaire Ilon Mask.
On Saturday, Miller Published on x (the site of the social network belonging to the mask):
Legal uprising. The President is the Commander -in -Chief of the Armed Forces, and not the judge of Oregon. Portland and Oregon’s law enforcement agencies, on the instructions of local leaders, refused to help ICE employees who have encountered constant terrorist attacks and threats of life … This is an organized terrorist attack on the federal government and its officers, and the placement of troops is an absolute need to protect our laws, our government, public order and the republic itself.
The White House official who called the court decision “uprising” is a considerable case. But Musk went even further, urging Trump to imitate the Nyaba Book, the authoritarian president of Salvador, who destroyed the independent judicial system of his country. Right expert Eric Dogerty then quoted The booklet attacked the judicial system and insisted: “We need to improve our judicial system. See how this country is corrected quickly.” Musk supported Daughtery Twit, writing “important.” He answered On another tweet with criticism of the judge of the Immergut, simply saying “treason.”
Former adviser Obama Tommy Wind Provided A certain significant context for tweet Mask, in which he notes that “the book was supplanted independent judges, filled the courts with loyalists, and then announced a state of emergency, which allowed him to arrest and detain people for an indefinite period without any proper legal procedure. When we say that these guys advocate fascist ideas, this is because it is in the literal sense of the word.”
These incendiary attacks on the judicial system reflect not only anger against the judge of the Immergut or many other federal judges who make decisions against Trump's policy regarding immigration and other issues. They also prepare the ground for a series of impending battles, which Trump has to face in the Supreme Court.
While federal judges of the lower level became the main restraining factor in Trump’s policy, the Supreme Court is a completely different game. He granted Trump emergency (albeit presumably temporary) powers in a number of emergency decrees, which were almost always in favor of the president. Washington Post, quoting In the study of the scientist-legalist from Georgetown Irving L. Gornstein, it is noted: “The Trump administration has achieved great success in these preliminary matters, winning in 18 matters, losing two and receiving ambiguous decisions in two others.” But the newspaper also notes that in a new term of authority, which begins on Monday, the court and Trump will have to “pay”, since these preliminary decisions will have to give way to “full, final verdicts”.
The tilt of the court towards Trump seems to make the usual presidential intimidation tactics unnecessary. But why take risks? Miller and Musk, perhaps, are trying to keep the court under control, clearly making it clear to the whole anger of Maga if the decisions are made contrary to the desire of Trump.
This threat may even be literal. New York Times observer David French, conservative never Trump, claims That Miller’s rhetoric is “incredibly dangerous” and can provoke violence against the judge of the Immergut or any other judge who causes Trump's anger. This statement is quite believable, given the history of the violence of Maga, including the attack on Capitol on January 7, 2021. (On Saturday, the house of Dayana Gudsty, the judges of the state of South Carolina, was destroyed. burned to the ground. Although it is too early to talk about whether Gudstein became a deliberate target or what could be the motivation of any potential suspect, Hudshtein was reported to death after the decision against the Trump administration in September.)
The most optimistic reading of Miller's words is that they come out of fear. Miller knows that his possibilities for establishing durable authoritarianism in America are small, and now he has to act in desperately. Such an interpretation of events is confirmed by an unlikely source, the extreme right thinker Kertis Yarvin, a writer who is very admired Technical Lord Peter Til and Vice President Jay Di Wans. IN hysterical post in SubstackYarvin is concerned that Trump’s revolution “fails” and is on the verge of provoking a fierce political reaction:
Since the revenge, measured after her failure, will eclipse revenge after 2020 (since the successes of the second revolution are much greater than the first), I feel that I personally need to begin to realistically think about how to escape from the country. All the others who are in a similar position should also have a plan for 2029. And it is not not clear that it will wait until 2029: the loss of the Congress will instantly force the administration to take a defensive position.
Yarvina should be read with caution. It is torn off from reality and for the most part is useless as a conductor of events. But he has supporters among the extreme right, because he is an accurate indicator of their mood. In addition, there are many reasons for the pessimism of Yarvin. Polls show that immigration, which once was a serious problem for Trump, is now a problem in which the majority of the population does not approve of his policy. New York Times Reports That 51 percent of the Americans believe that Trump has gone “too far” in matters of immigration control. In cities such as Los Angeles And ChicagoRepressions against immigration were met by fierce local protests. In combination with resistance from federal judges and upcoming intermediate elections, there is every reason to believe that Miller’s war with immigrants is expired.
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A change in public opinion on the issue of immigration occurred, despite the cowardice of the Democratic Party. Believing that the party is stronger in such economic issues as healthcare, democrats in Congress Drowned From the disputing of Trump on immigration issues. Further, referring to Miller's instigating tweet, Senator from Hawaii Brian Shatz indicated that there is often a tendency to damage the dangerous rhetoric of the White House. Shatz said that he recognized “the need not react too sharply, and I understand that no one in the media does not want to worry about this little,” while recognizing that Miller’s words seem “escalating and rather emotional”.
But, given the comments of Miller and the mask, this ostrich strategy no longer makes sense. Miller and Musk made a gift to the democrats: a way to connect the protection of immigrant rights with a broader protection of constitutional norms. Since Trump’s White House is in defense, it would be stupid to avoid attacks for the Democrats.