Welcome To The White Christian Nationalist Presidency
A lot of things happened. Here are some of the things. This is TPM's Morning Memo. Sign up for the email version.
Before jumping into the day's news, I want to elevate another prism through which to examine the Trump II presidency: white Christian nationalism.
By now I'm sure it's obvious that Morning Memo is mostly structured around tracking the erosion of the rule of law as a singular threat to democracy. I've also offered narrower frameworks – like the trifecta of retribution, destruction, corruption – to help you organize in your own mind the depredations of the Trump II presidency.
But I have this persistent feeling that while the rule of law prism is plenty broad enough to include the anti-DEI and anti-trans rampages, sustained attacks on voting rights, anti-immigration policy except for white South Africans, performative white aggrievement, anti-semitism masquerading as anti-anti-semitism, and a host of other Trump II initiatives, I need to be more explicit about the white Christian nationalism suffused throughout the last four months.
Perhaps for now it is enough just to say it out loud and offer it as a lens through which to view today's particularly pungent array of news. You might also find it useful to train that lens backwards for additional clarity on what we've been living through since January.
U.S. District Judge Brian Murphy of Boston spent most of the day trying to unwind the Trump administration's South Sudan gambit, a brazen violation of his order imposing strict conditions on third country deportations
I could write at length about the various elements of the case, but let me boil it down as succinctly as I can: Murphy found that the Department of Homeland Security 'unquestionably' violated his order, but he set aside for now the question of punishment for contempt of court to focus on what to do about the ghost flight of eight migrants with alleged criminal convictions that was reportedly originally headed to South Sudan. Here's where he landed:
Over objections from the migrants' counsel, Murphy ordered that deportees would remain abroad somewhere in U.S. custody and be given all of the due process remotely that they had been entitled to receive before their unlawful removals.
Murphy 'clarified' his preliminary injunction so that the Trump administration could not feign confusion again about what it said.
Murphy ordered the Trump administration to provide by the end of the day today a declaration addressing a news report that South Sudan says any foreign migrants it receives from the United States will simply be 're-deported to their correct country.' That kind of workaround is illegal under U.S. law.
Murphy gave the Trump DOJ a deadline to provide proof that it had notified all the necessary government components of his order and of the risk of contempt of court if it were violated again.
Murphy didn't tip his hand as to punishment for the violation, but it comes against a backdrop of what he referred to at one point as an 'overwhelming series of errors in this case in its short existence.'
That remark came as Murphy was wrangling with the implications of DHS having provided him with false-and-now-retracted information about the related case of a gay deportee, who fears persecution and goes by the initials O.C.G. (but was not aboard in the South Sudan flight). 'This is a really big deal. It's a big deal to lie to a court under oath. … I could not take this more seriously,' Judge Murphy admonished.
If you were looking for harsh sanctions against Trump administration officials for defying the courts, you came away disappointed. I get it. I also think the leash the courts are giving the administration has shortened dramatically, and each subsequent judge that comes to these cases, having seen what their judicial colleagues have dealt with, are exhibiting less credulity. But it's a slow, grinding process.
The Alien Enemies Act case in Houston is one example of a judge who is coming in later to the Trump immigration cases sidestepping some of the initial nonsense and cutting straight to the heart of the case. They've seen the stonewalling in the Abrego Garcia and Cristian cases out of Maryland. They've seen even the Roberts Court lose patience with the chronic due process violations. So the later cases are poised to move more quickly.
In the Houston case, U.S. District Judge Keith P. Ellison on Monday gave the Trump administration 24 hours to file a declaration confirming the location and condition ofa Venezuelan man deported to El Salvador under the Alien Enemies Act on March 15. Yesterday Ellison found the government's declaration wholly inadequate:
Defendants' declaration provided no meaningful information regarding Plaintiff Agelviz-Sanguino's location, health, or the legal basis for his detention. The U.S. Embassy's purported inquiry to El Salvadoran authorities—unsupported by details or evidence—does not satisfy the Court's previous order.
Ellison, a 75-year-old Clinton appointee, issued a new order demanding a laundry list of specific details from the Trump administration about its handling of this case and the AEA deportations more broadly.
Expect this case to make its way rapidly to a hostile 5th Circuit Court of Appeals, which is already under strict orders from the Roberts Court on how to handle AEA cases.
Relying on internal documents, the NYT goes deep inside the Trump administration's handling of the case of the mistakenly deported Kilmar Abrego Garcia:
In the days before the government's error became public, D.H.S. officials discussed trying to portray Mr. Abrego Garcia as a 'leader' of the violent street gang MS-13, even though they could find no evidence to support the claim. They considered ways to nullify the original order that barred his deportation to El Salvador. They sought to downplay the danger he might face in one of that country's most notorious prisons.
It appears that the Trump administration is dismissing pending immigration cases on a wholesale basis as a way of sidestepping immigration courts. By dismissing the cases, the administration can arrest migrants on the spot in court and put them on a faster track to deportation.
A federal magistrate judge savaged the Trump DOJ for its 'embarrassing retraction of charges' against Newark Mayor Ras Baraka, who had been arrested at a controversial ICE detention center in his city.
'An arrest of a public figure is not a preliminary investigative tool. It is a severe action,' U.S. Magistrate Judge Andre M. Espinosa told the DOJ prosecutor. 'It should only be undertaken after a thorough, dispassionate investigation of credible evidence.'
Interim U.S. Attorney Alina Habba had announced the charges would be dropped the same day she announced charges against Rep. LaMonica McIver (D-NJ) arising from the same incident. Baraka and McIver are both Black.
The Justice Department moved to drop civil rights cases against the police departments in Minneapolis and Louisville that had arisen from two of the highest profile police killings of the past decade: George Floyd and Breonna Taylor. Both cases had been resolved with consent decrees which the Trump DOJ is now abandoning.
Pete Hegseth led a Christian prayer service at the Pentagon yesterday, during which his own pastor praised President Trump as 'sovereignly appointed' by God, the NYT reports.
In a now-familiar Oval Office set piece, President Trump confronted South African President Cyril Ramaphosa with false claims of genocide against white Afrikaners, played him a propaganda video, and held up a photo of violence from another country. All while America's most notorious South African migrant, Elon Musk, was standing by in person. 'Trump Casts Himself as a Protector of Persecuted White People' was an apt headline for the day and the historic moment:
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