- United States
- Md.
- Letter
No One Is Above the Law — Unless You Let Them Be: Act Now to Stop Trump’s Court Defiance
Congress must act immediately to stop Donald Trump’s escalating defiance of federal court orders—a direct attack on the Constitution and the separation of powers.
Chief Judge James Boasberg found probable cause that Trump officials committed criminal contempt of court by violating an order halting deportations under 28 U.S. Code § 401, which gives federal courts the authority to punish for contempt. Despite this, Trump’s administration deported asylum seekers like Kilmar Abrego Garcia in defiance of the court, violating the Due Process Clause of the Fifth Amendment and the Suspension Clause of Article I, Section 9.
This is not a legal gray area. It is a criminal act and a constitutional crisis. Enforcement of court orders—normally carried out by the U.S. Marshals Service and Federal Bureau of Prisons, both under the DOJ—is now obstructed by a president who controls those agencies and refuses to uphold the law.
Trump is also violating the Take Care Clause (Article II, Section 3), which requires the president to faithfully execute the laws. Failure to enforce judicial rulings is a textbook example of an impeachable offense.
I urge you to:
1. Hold emergency hearings on violations of 28 U.S.C. § 401 and the Due Process Clause.
2. Subpoena DOJ leadership and Trump officials tied to the illegal deportations.
3. Pass legislation enabling court-appointed special prosecutors to independently enforce contempt rulings.
4. Use congressional appropriations power to block funding to agencies defying lawful court orders.
5. Establish a post-Trump enforcement framework to prosecute contempt and restore judicial supremacy.
If Congress does nothing, the message is clear: presidents are above the law. That is dictatorship, not democracy.
The rule of law is not optional. Act now.