Opinion - Trump's legal strategy: If you can't win in court, threaten the judge
President Trump's savaging of the judiciary goes back far and deep. This despicable approach starts with his mentor in legal evil, Roy Cohn.
When an associate reported to Cohn that the law was against their client, Cohn famously retorted, 'F— the law, who's the judge?
Cohn saw judges not as prelates of a logical system of ethical ideals, nor as keepers of our sacred right to justice, but as politicians in robes — vulnerable to coercion, denunciation and threats. Trump was well-schooled in how to do it at the feet of the master.
Remember Judge Gonzalo Curiel? He was the Obama-appointed federal judge in California who oversaw the Trump University fraud case, which Trump settled for $25 million in 2016 just 10 days after his election. Trump launched a $1 million counterclaim for defamation (a favorite Cohn gambit) to pressure the plaintiff class representative to go away. Under a state law that aims to protect individuals from lawsuits intended to silence or intimidate them for exercising their rights to free speech, Curiel dismissed the counterclaim and awarded the plaintiff $1 million for her trouble.
Curiel went on to certify the class, which had alleged that Trump University was a fraudulent endeavor, then denied Trump summary judgment and ordered the case to trial.
Trump retaliated with a series of racist attacks on Curiel. He told Fox News that Curiel was personally biased against him because he wanted to build a wall on the U.S.-Mexican border. Trump told the Wall Street Journal that the Indiana-born Curiel could not preside because of his 'Mexican heritage.' He said he had a judge who was a 'hater of Donald Trump, a hater' and referred to Curiel— a graduate of the same law school as Mike Pence — as a 'Mexican.' He further suggested taking some action against the judge. Vintage Roy Cohn!
Trump's despicable attacks on the judiciary have persisted during the first 100 days of Trump 2.0. He has oozed the bile of pure hatred towards judges who have ruled against him, calling for their impeachment. House Republicans are following his lead, seeking to impeach at least six judges who have ruled against parts of Trump's agenda.
Trump's statements earned him a shocking rebuke from Chief Justice Roberts. Without mentioning him by name, Roberts thundered in March that 'for more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.'
The rare statement from the Chief Justice came just hours after a social media post from Trump, who described District Judge James E. Boasberg as an unelected 'troublemaker and agitator,' and a 'radical left lunatic' after Boasberg had blocked deportation flights that Trump claimed were authorized in wartime by the 18th-century Alien Enemies Act.
Top Trump advisor Stephen Miller has also railed against a cabal of 'Communist' judges who are determined to keep 'terrorists' in the country, while Elon Musk in a post on X said judges who defy the president should be impeached.
The threats have also been delivered through physical means. Several judges have faced a slew of 'intimidation tactics' sending the message that their home addresses are publicly known. A New Jersey judge, for example, received a pizza addressed to her murdered son.
Earlier this month, a Wisconsin County Court judge was arrested by the FBI in her own courthouse and led away in manacles after allegedly helping an undocumented immigrant evade arrest. Other judges who defied the administration have faced bomb threats and threats of physical violence.
One Supreme Court justice is now speaking out more forcefully. Justice Ketanji Brown Jackson received a standing ovation at a conference of judges in Puerto Rico last week after denouncing the administration's 'relentless attacks' on federal judges, seeing in them a threat to the rule of law (but again without mentioning Trump by name).
Jackson said, 'Across the nation, judges are facing increased threats of not only physical violence, but also professional retaliation just for doing our jobs … And the attacks are not random. They seem designed to intimidate those of us who serve in this critical capacity.'
'The attacks are also not isolated incidents,' Jackson told the assembled judges. 'That is, they impact more than just individual judges who are being targeted. Rather, the threats and harassment are attacks on our democracy, on our system of government and they ultimately risk undermining our Constitution and the rule of law.'
'A society in which judges are routinely made to fear for their own safety or their own livelihood due to their decisions is one that has substantially departed from the norms of behavior that govern a democratic system,' she stated. 'Attacks on judicial independence is how countries that are not free, not fair and not rule-of-law oriented, operate.'
'Other judges have faced challenges like the ones we face today, and have prevailed,' she said, pointing to similar attacks on judges who issued controversial rulings during the Civil Rights Movement and the Watergate scandal.
Her 18-minute denunciation is the strongest statement yet by any member of the Supreme Court during Trump's second term. It is hard to believe that her prepared remarks were not approved by the Chief Justice.
Judges have few avenues to fight back ethically against unprincipled personal attacks. Lawyers are supposed to speak out on their behalf, but we now know that Big Law is afraid of reprisals from Trump that might affect their billion-dollar revenues.
Judge Curiel mildly jabbed at Trump in court papers stating his derogatory comments about him had 'placed the integrity of these court proceedings at issue.' He was forbidden from further public comment because of ethical rules about commenting extrajudicially on pending cases.
Roy Cohn knew this, and so does Trump. Bullies lash out at the defenseless. We are living in trying times.
James D. Zirin, author and legal analyst, is a former federal prosecutor in New York's Southern District. He is also the host of the public television talk show and podcast Conversations with Jim Zirin.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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But it does provide civil (not criminal) immunity by allowing anyone charged with causing property damage, personal injury or even death to plead self-defense because their actions "arose from" someone "acting in furtherance of a riot." Self-defense is what James Alex Fields Jr. claimed when he was found guilty of murder in 2017 for driving into a protest, hitting and killing civil rights activist Heather Heyer while she was counterprotesting the white nationalist Unite the Right Rally in Charlottesville. Between May and October 2020, there were over 100 incidents of drivers driving into crowds of protesters, and at least eight of them were in Florida, reported. In May 2020, a Georgia man drove his pickup into a crowd of marchers protesting the death of George Floyd. No criminal charges were filed. DeSantis signed a sweeping "anti-riot" bill in 2021 in the wake of the George Floyd protests to increase punishments for people who violently riot, loot and destroy properties and add several new crimes including "mob intimidation" and "aggravated rioting," calling it the "strongest anti-rioting, most pro-law enforcement piece of legislation in the country." HB 1 was blocked in the courts for being potentially unconstitutional, chilling against free speech, and overly vague about what defines a "riot." The Florida Supreme Court ruled in favor of the new law in 2024, clarifying peaceful protesters should not be arrested if involved in a protest where violence occurs, and an appeals court allowed the state to enforce it. Protesters are not permitted to willfully obstruct the "free, convenient, and normal use" of any public street, highway, or road. Gatherings of three or more people to commit a break of the peace or commit unlawful acts are considered unlawful assemblies, a second-degree misdemeanor. Knowingly protesting within 500 feet of a residence, cemetery, funeral home, house of worship, or other location when a funeral or burial has just occurred, will occur soon, or is occurring is a first-degree midemeanor. A riot is defined as a violent public disturbance involving three or more people acting to assist each other in violent and disorderly conduct. It is a third-degree felony. Aggravated rioting, a second-degree felony, is a riot consisting of 25 or more people where great bodily harm or property damage is caused, someone displays or uses a deadly weapon, or blocks safe movement of a vehicle by force or threat of force. Inciting a riot is a third-degree felony. Aggravated inciting a riot, a second-degree felony, occurs if the suspect incites a riot resulting in great bodily harm to a non-participant, property damage in excess of $5,000, or supplies a deadly weapon to another person or teaches them how to prepare one for use in a riot. Committing assault in furtherance of a riot is a first-degree misdemeanor; an aggravated assault is a third-degree felony. Burglary during a riot is a first-degree felony. Any group of three or more who act with common intent to use force or threaten to in order to compel someone else into changing a personal viewpoint against their will commits "mob intimidation," a first-degree misdemeanor. Battery against a law enforcement officer in a riot means a minimum term of six months in jail. Defacing or damaging a memorial or historical property worth more than $200 is a third-degree felony. Destroying one is a second-degree felony. Defendants who cause personal injury, wrongful death or property damage to protesters in a riot may claim self-defense. The law "does not prohibit constitutionally protected activity, such as a peaceful protest," according to Florida statutes. First and foremost, the "No Kings" website tells participants not to bring any weapons, act in accordance with local laws, and de-escalate any potential confrontation with law enforcement or anti-protesters. Public protests are protected in the United States by the First Amendment and are legal in public areas providing you are not blocking car or pedestrian traffic or blocking access to government buildings. That said, law enforcement may interpret your intentions differently and some may act with force. The Human Rights Campaign advises protesters to scope out the area of the protest ahead of time and identify multiple routes out of the area. An offline-accessible map can help. During the protest, remain aware of your surroundings and what's happening around you. Protest signs and sunscreen are just the beginning. Experts at Physicians for Human Rights suggest bringing the following: Backpack or string bag: You won't want anything bulky and you'll want your hands free. Face mask or bandanna, hat and sunglasses: Useful for helping to shield your eyes from pepper spray or tear gas, can also protect you from identification by law enforcement or online doxxing if that's a concern. Water: Stay hydrated. Bring as big a bottle as you can, with a squirt top in case you need to quickly wash off your skin or eyes. Glasses: Avoid wearing contact lenses, which can trap irritating chemicals. If you must wear contacts, wear shatter-resistant goggles with a tight seal. Avoid wearing makeup. Comfortable clothes, closed shoes: Pick neutral colors without obvious slogans or easily identifiable markings. Consider bringing a spare change of clothes in case what you're wearing gets sprayed. Identification, contact information: Make sure you can identify yourself (and your citizen status). Write your emergency contact info on your skin. If you have a lawyer, write that number, too. A few days of any vital medication: Ideally, they should be in a labeled prescription bottle. Cash: In case you need bail. Snacks: High energy, high protein munchies are preferred. Many organizations advise protesters to leave their phones at home to protect their privacy as they can easily be tracked. If you must take your phone, keep it turned off until you need it and, before you go, disable Face ID or fingerprint security and stick with the 6-digit passcode instead. You may also consider buying a cheap secondary phone to use. According to the No Kings website, more than 75 protests (including several in some cities) are planned across Florida as of June 10. ➤ Find an event near you Apalachicola Apopka Boca Raton Boynton Beach Bronson Casselberry Clermont Center Lake Park Clermont City Hall Clermont Town Cocoa Coral Springs Davenport Daytona Beach DeLand Delray Beach Ellenton Englewood Fernandina Beach Fort Lauderdale Fort Myers Fort Walton Beach Gainesville Hollywood Inverness Jacksonville Duval County Courthouse Beach Boulevard and Hodges Boulevard Key Largo Key West Kissimmee Lakeland Lake Mary Lake Worth Beach Largo Leesburg Marathon Miami Miami Beach Mount Dora Naples New Port Richey New Smyrna Beach Ocala Orlando Orange City Orange Park Palatka Palm Bay Palm Beach/Mar-a-Largo Palm Beach Gardens Palm Coast Palm Harbor Panama City Pensacola Ninth Avenue/Airport Boulevard The Graffiti Bridge Plant City Poinciana Port Charlotte Port St. Joe Port St. Lucie Riverview Sarasota University Parkway J.D. Hamel Park Sebastian Sebring Spring Hill St. Augustine St. Johns County St. Petersburg Tallahassee Tampa The Villages Venice Vero Beach West Palm Beach According to the ACLU of Florida, the First Amendment generally prohibits restrictions based on speech content; however, this does not mean that the Constitution completely protects all types of speech in every circumstance. Threatening someone with violence is not protected, and government official can place "reasonable" restrictions on the time, place and manner. Your rights are strongest in "traditional public forms" such as streets, sidewalks and parks, but you can be asked to disperse if you are blocking car or pedestrian traffic. You may also protest at government buildings as long as you don't block access to them or interfere with the purpose of it. When you are lawfully present in a public space, you have the right to photograph or video anything in plain view, including federal buildings and the police, the ACLU said. Law enforcement may not confiscate your photos or video without a warrant and may not demand you delete anything, but they can order you to stop if you're interfering with legitimate law enforcement operations. In Florida, that can be a wide definition. The "HALO" law – Honoring and Listening to Our Officers – went into effect in January. Under the law, if a first responder such as law enforcement, firefighters and medical personnel ask you to back off in the course of their duties, you must move 25 feet away or face a second-degree misdemeanor charge punishable by up to 60 days in jail or a $500 fine. (This story was updated because an earlier version included an inaccuracy.) This article originally appeared on Tallahassee Democrat: Fla Gov. DeSantis OKs running over No Kings protesters if threatened
