It wasn’t necessary to watch all of Trump’s speech last night to understand where we are as a country. The state of our union, as I noted Sunday night, is compromised. And that comes as no surprise to any of us. But two moments from last night are worth noting, as markers of where we are.
The Stupid: “I have created the brand new Department of Government Efficiency, DOGE. Perhaps you’ve heard of it. Perhaps. Which is headed by Elon Musk, who is in the gallery tonight,” Trump said during his speech.
Only one problem. That’s not what the Justice Department has been telling judges in litigation involving the Musk-led effort to privatize government. They’ve been doing everything they can to claim Musk is not in charge of DOGE, including telling the judge that a woman named Amy Gleason, who was on vacation in Mexico when they made the representation to the court, is the Acting Administrator. It didn’t take lawyers long to point that out. Trump was barely finished when Kel McClanahan filed a “Notice of New Evidence” in Lentini v. DOGE, one of three cases that have been consolidated to hear claims about DOGE’s legality in the District of Maryland.
McClanahan argued that Trump’s statement about Musk “conclusively demonstrates that expedited discovery is urgently needed to ascertain the nature of the Department of Government Efficiency and its relationship to the United States DOGE Service.” The best outcome for Trump, following his epic foot in mouth, is that Judge Jia Cobb grants the motion to expedite which would make this the first case where pro-democracy lawyers would gain access to information about the inner workings of DOGE, likely a treasure trove that would further underscore the lawless manner in which Trump is acting.
The worst case is that someone gets held in contempt, either civil or criminal. That would open an entire can of worms about how the courts enforce their orders against a Trump administration that has at least suggested it might not comply with ones it doesn’t like. But that fight is, inevitably, coming, and judges don’t like it when parties lie to them, especially when it’s so explicit and when it’s the government doing it, here, rather uniquely, with the president’s involvement.
The Corrupt: After his speech, Trump shook hands with people in the room, including the four active Supreme Court Justices who were present in their long black robes. Their tradition of dress is meant to ensure that no one mistakes who they are. It separates them from the political fray, even as they attend. That message, however, was lost on Trump.
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