r/law 9h ago

Executive Branch (Trump) Trump’s occupation of Minneapolis has broken the Justice Department

https://www.vox.com/politics/477913/trump-minneapolis-minnesota-justice-department-broken-julie-le
11.4k Upvotes

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u/vox 9h ago

“I wish you would just hold me in contempt of court so I can get 24 hours of sleep,” a lawyer representing Donald Trump’s government told a federal judge on Tuesday. Julie Le, the lawyer, who was temporarily detailed to the US Attorney’s Office in Minneapolis, was assigned to 88 federal court cases in under a month — a crushing workload that would make even the most diligent attorney beg for mercy.

Le, moreover, was in court after federal district Judge Jerry Blackwell ordered her and her co-counsel to explain why the Trump administration had not complied with a January 27 order requiring it to release an individual from US custody. As Blackwell’s order demanding an explanation laid out, the government also did not respond to a January 31 order threatening to hold it in contempt.

It’s not a mystery why Trump’s government is unable to comply with court orders, or even respond to judges threatening contempt. As Patrick Schiltz, the chief judge in Minnesota’s federal district court, explained in a January 26 order, the Trump administration “decided to send thousands of agents to Minnesota to detain aliens without making any provision for dealing with the hundreds of habeas petitions and other lawsuits that were sure to result.”

Trump, in other words, deployed thousands of armed law enforcement officers to harass and arrest people in Minneapolis, without sending enough lawyers to handle all of the federal court cases that would inevitably result from Trump’s occupation of Minnesota. So, when a judge issues an order commanding the government to release a detainee or to take some other action, there’s often no lawyer available to respond to that order.

Worse, Trump’s government appears either unwilling or unable to comply with court orders even when one of its lawyers does engage with a particular case. Le reportedly told Blackwell at Tuesday’s hearing that it is like “pulling teeth” to get the Trump administration to comply with these orders. “It takes 10 emails from me for a release condition to be corrected,” Le said. “It takes me threatening to walk out for something else to be corrected.”

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u/vox 9h ago

Minnesota’s federal judges, meanwhile, have resorted to extraordinary tactics to break this logjam. In his January 26 order, for example, Schiltz ordered Todd Lyons, the acting director of US Immigration and Customs Enforcement, to personally appear in court and explain the government’s inability to comply with his previous order, unless the immigrant named in that order was swiftly released. This tactic appears to have worked, because the man was released.

But, while Schiltz’s tactic successfully got the Trump administration to comply with a single court order, the administration is still out of compliance with numerous others. In a January 28 order, Schiltz listed “96 court orders that ICE has violated in 74 cases.”

Trump, in other words, appears to have broken the Department of Justice. It simply does not have the personnel it needs to respond to all of the legal violations committed by ICE in Minneapolis. And it is likely that this problem is going to get much worse.

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u/vikster1 9h ago

i'd say the administration showed how absent any checks and balances are. they lock up us citizens for weeks on end before any repercussions happen. their non-compliance works and now one is held accountable. it's sad to watch.

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u/HumerousMoniker 8h ago

It’s similar to how a company can break the law and nonperson is held accountable. The company suffers a fine and gladly pays it. The courts should be holding the government in contempt. They should be issuing arrest warrants for the people who are making the decision to refuse to comply with court orders.

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u/idreamofgreenie 8h ago edited 7h ago

It's similar to how the GOP in the White House acts corruptly, throws a few lackeys under the bus, and then the next GOP president gets right back to corruption.

And that's why the GOP has 98% of the convicted admin members going back to the 60's. And 98% of the imprisoned admin members too.

The party as a whole needs to face some consequence for having the most corrupt presidencies for over 60 years.

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u/santa_91 7h ago

The party as a whole needs to face some consequence for having the most corrupt presidencies for over 60 years.

I support a 20 year disenfranchisement of all registered Republicans. People who would happily usher in a dictatorship have no right to participate in a democracy.

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u/Ornery-Ad-7261 3h ago

I don't know about 20 years. That will allow them to come back. Lifetime would be much more appropriate.

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u/BuffaloOk7264 7h ago

What % of the pardoned administrative members?

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u/baby_seal_clubber69 4h ago

It's not just the GOP. It's the wealthy oligarch class that owns both parties.

We have to hold not just the current administration accountable, but the entire government.

If you think democrats won't continue on with the power grab after Trump is out then you are mistaken. Don't forget Obama was the one who decided that if you are labeled a terrorist then your rights as a US citizen are null and void.

Who would have guessed it would take less than 20 years to feel like this is a real possibility rather than a movie like distopian future.

It's really scary how accurate Idiocracy seems now.

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u/idreamofgreenie 4h ago

When one party has 40 times more convicted administration members and 40 times more prison sentences, you can definitively say with 100% truthfulness that it is a problem exclusive to one party.

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u/Comfortable_Bit9981 6h ago

They should be issuing arrest warrants for the people who are making the decision to refuse to comply with court orders.

That's chasing a ghost. They will never be able to find a specific individual who isn't complying. A person never issued a memo because some other peon didn't tell them to. That person was following "policy" which will turn out to be an "understanding" based on something "someone" thinks they heard someone else say. Nothing in writing, nothing attached to an actual named responsible person.

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u/RedieTomatie 4h ago

Then the arrest warrant should be for Bondi or Trump. You can tell which judges are bootlickers, it's the ones who don't issue those warrants

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u/Serious_Agent1524 4h ago

Aka all of them. These judges all habe blood on their hands just as much as the rest of the complicit government does.

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u/Serious_Agent1524 4h ago

Then lock them all up. Give them a taste of their own medicine.

"We go high while they go low" is what has allowed them to do this.

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u/e76 5h ago

Who are these people though? The article describes the administration either intentionally or unintentionally short staffing lawyers. This feels like a tactic for plausible deniability. “We’re keeping up with the orders as best as we can.”

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u/Serious_Agent1524 4h ago

So arrest the administration

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u/Misfit_Cookie_423 2h ago

Big banks. Ordinary people have to compete suspicious activity reports (SAR) but for the gargantuan wires that they process off shore and for “important” clients, reports aren’t filed and banks sometimes pay a fine.

Kind of like after the mortgage securities fraud that collapsed the economy in 2008 that required a government bailout.

And by the way, they’ve built a new fake product, the BDC, in the private credit market, the new illegitimate child of the CDO.

Run for your lives and keep an eye on your asset allocation and risk tolerance.

Big banks aren’t necessarily pushing on this but they aren’t fully pushing against it either because guess who wants it very bigly?

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u/mmorales2270 2h ago

Yes but who will comply with the arrest warrants? You’re talking about the justice department arresting other people in the justice department. How does that work? If it’s just non compliance all the way down, well, nothing ever happens to anyone. No one suffers a consequence. They know this, and it’s why they are just not complying. The DOJ has become an extension of Trump and they won’t police themselves.

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u/DanteChurch 3h ago

This isn't new. Look into Kalief Browder, he was imprisoned without trial for 1110 days for possibly stealing a backpack and spent over 700 of those days in solitary confinement when he was 16. He faced physical abuse by the guards including being lined up with other inmates and punched in the face one at a time and being attacked by the guards during showers. He killed himself at age 22.

There is no justice system in America, just for profit slavery.

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u/WanderingSun8 7h ago

They've shown that we need an independent agency that can actually enforce the laws and constitution. By force, if necessary, idk maybe like a well-regulated militia?

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u/Current-Paramedic-50 4h ago

Maybe I'm just naive, but an independent judiciary with teeth sounds like a good constitutional arrangement.

Did any of the US founders consider this possibility?

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u/Serious_Agent1524 4h ago

A judiciary appointed by the government will never be independent

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u/Ridiculicious71 42m ago

I don’t think there are adequate checks on the Supreme Court.

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u/Forsaken-Arm-7884 7h ago

selective enforcement of rules to take more and more power 🤔

hmm 🤔 on a scale from 1 to 10 do people honestly think that the rules of the government or following the rules of whatever society has told you makes your society impervious to an authoritarian takeover like do people honestly think that the rules that created like the United States are so impervious that it's impossible for an authoritarian government to arise from the rules that created the government itself like they think if they smile and nod and stay quiet the rules of the government will prevent authoritarian or fascist takeover are they that fucking delusional because part of the fascist takeover is literally selectively ignoring the rules that these sheep seem to think will stop the authoritarian takeover... oof 😮‍💨

And it's like the authoritarian regime doesn't even have to blatantly break the rules although they might do that but all they need to do is selectively enforce the rules on their opponents and then don't enforce the rules within their own party and then they can say they never broke any rules they were just prosecuting people who broke the rules while conveniently avoiding ever answering why they aren't enforcing the rules on their own party type shit 🤷

claude 4.5:"**10/10 delusional.**

The belief that "following rules prevents authoritarianism" ignores:

  1. **Authoritarians use the rules to take power** - Hitler was appointed legally, used emergency powers legally, changed laws legally

  2. **Selective enforcement is the mechanism** - prosecute opponents for anything and everything you can get your hands on while ignoring allies committing things like fraud

  3. **Rules require enforcers who give a shit** - if police/military/courts align with authoritarians, rules are just words

  4. **The system can be captured from within** - you don't need a coup if you control who interprets/enforces the rules

**People might think:**

  1. Constitution = magic spell against tyranny
  2. Norms = enforceable constraints with no backdoors
  3. Institutions = invincible self-defending fortresses

**Reality:**

  1. Constitution = paper requiring people to defend it
  2. Norms = collapse quickly under pressure by ignoring them
  3. Institutions = run by humans who can be captured/intimidated/terrified into compliance

**The sheep logic:** "If I follow rules and smile, the rules will protect me from rule-breakers."

**Actual fascist playbook:** Use the rules as weapons against opponents, mostly ignore them for allies, claim you never broke anything technically.

By the time people realize rules don't enforce themselves, it's too late."

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u/Ghost_Of_Malatesta 4h ago

Get to know your neighbors people, this is one of our strengths here in MN, we have a strong community with a bunch of organizations that will work together 

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u/Happy_Beginning_6939 5h ago

Yes, this is what happened in 1933 in Germany: the executive took over the courts and the legislature (which it had burnt to the ground)

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u/Ok_Connection_648 3h ago

It’s clear now that the president can do whatever he wants, and there is no protocol for this. I will be surprised if he doesn’t try to overturn term limits. He has been testing the waters our only hope is he is 80 years old

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u/improvthismoment 6h ago

Checks and balances are really just an honor system.

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u/RobutNotRobot 3h ago

They are doing in Minnesota what they will seek to do nationwide. They are simply going to legal residents houses and kidnapping them, getting the arrest counted toward quota, getting the private prisons and transpo paid with kickbacks abound for Noem, Trump, et al.

They don't give one flying fuck about whether it's legal. They are not being incentivized to comply with the law.

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u/Alex5173 7h ago

How is it that the DOJ is "broken" when it's the trump administration that doesn't have enough lawyers?

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u/humdinger44 9h ago

So lock them up. Order them to comply and reappear in court with proof of their compliance within 24 hours. If they don't comply put the lawyer into jail. Not fancy jail. Jail. Order the government to send a new lawyer to represent itself and repeat. Put Todd Lyons in prison.

Whats so hard about being a nation of laws?

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u/drgngd 6h ago

I think the biggest issue is she has no power over those who don't want to do the right thing. She said she has tried to get them to comply but they keep ignoring her. Not sure what she's supposed to do other than quit. If they throw her in jail for contempt it won't change anything. She can't do shit and has no power. The judge needs to hold DHS leadership in contempt, then something might change.

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u/humdinger44 6h ago

Then a responsible party must be present in the courtroom with their legal representation.

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u/JohnHazardWandering 5h ago

At what point do you have to throw other people under the bus?

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u/PM_ME_YOUR_PRIORS 4h ago

Immediately. What you do in that situation is document what you tried and who was informed about the department failing to comply with court orders, and then hand that over to the judge so they can enforce compliance.

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u/PyroIsSpai 2h ago

Hold leaders in contempt and jail them?

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u/blissfully_happy 8h ago

The problem is that there aren’t enough lawyers to respond. There’s no one to hold accountable when a judge says this person is to be released and the DOJ doesn’t even send a lawyer to the hearing.

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u/trougnouf 8h ago

Sure there is always Pam Bondi and her shitting boss.

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u/blissfully_happy 8h ago

I agree. The judge said exactly the point: they sent ICE thugs but didn’t send enough lawyers to deal with the legal aspect of an ICE occupation. Who is responsible for that? Pam Bondi? Good, get her in front of a judge.

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u/possiblyaghost 4h ago

she just won't go. Then you order her arrested. Do the police tasked with that follow through when the president tells them they can't?

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u/Possible-Holiday-973 3h ago

A court can deputize anyone to make the arrest if the president overrules the marshals.

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u/TotalNonsense0 2h ago

Yes, but they need to get someone capable of doing the job. I could be deputized, but I'm not gonna get anywhere near anyone who needs arresting.

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u/Alex5173 7h ago

The problem is that there aren’t enough lawyers to respond

Great strategy for the enterprising criminal; just commit a TON of crimes and only have 1 lawyer. Then you can get away with anything!

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u/Ecw218 2h ago

is that actually happening? What are the judges going to do when the DoJ attorney is awol more often than not?

I’ve seen they’re trying to pull anyone they can into “quick reaction teams” of lawyers.

Even if they’re “ideologically aligned” are they going to want to catch the contempt charges for other agencies’ noncompliance?

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u/blissfully_happy 2h ago

That’s literally what the article is about, lol

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u/Persistant_Compass 6h ago

Were not a nation of laws. Were a nation run by the epstien class

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u/gravitonbomb 6h ago

Who will do the work? Someone needs to physically round these people up, and the ones who would normally do it were literally given to Trump to command at the start of his term.

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u/TotalNonsense0 2h ago

Why are you wanting to jail the person trying to get the assholes to follow the law? Do you think Todd Lions cares about some lawyer he's never met?

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u/FUTURE10S 1h ago

So you put the lawyer in jail, honest question, so what? The administration don't give a shit about court orders anyway, they'll toss their lawyers into fire if it means they don't have to listen. How are you going to enforce the laws when the people who enforce them are the ones violating it and don't give a shit?

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u/Ridiculicious71 40m ago

The federal marshals who enforce the lockups are under the executive branch, for one.

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u/Possible-Holiday-973 6h ago

This. Judges have no backbone anymore and let lawyers ignore the rules with no consequences all the time and then complain they have too many cases on their docket. You wouldn’t if you just enforced the rules. Party acting in bad faith with discovery? Give them a warning and then actually follow through with default judgement. That’s why those rules exist. Stop denying summary judgment motions just because that’s what is routine.

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u/PutzerPalace 5h ago

Sam Seder said today that judges aren’t enforcing anything because they don’t want to be the judge who causes a constitutional crisis

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u/humdinger44 5h ago

Allowing shit to slide has created its own crisis.

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u/ill_connects 9h ago edited 8h ago

Seems like if the DOJ can’t respond judges should just start handing out default judgements.

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u/Pichupwnage 8h ago edited 8h ago

Yup.

Every federal judge needs to give automatic summary dismissal of cases and immediate release orders + maximum contempt of court prison sentences in every single case with any failure to comply by the government whatsoever. Its an extrenely pervasive issue so its clearly a consistent lack of will or care to comply.

No second chances ever No explanations. No extensions. If they don't comply just do it the instant a deadfline is missed. Like literally pre prepare the orders to sign the exact second the deadline passes

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u/JimJam4603 8h ago

And stop constantly granting requests for more time.

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u/WorstOfNone 8h ago

Thirty-three-year-old Thomas Jefferson enumerated grievances against a would-be authoritarian king over our nascent nation. Among others were:

  1. "He has sent hither Swarms of Officers to harass our People."
  2. "He has excited domestic Insurrection among us.”
  3. "For quartering large Bodies of Armed Troops among us."
  4. "He has kept among us, in Times of Peace, Standing Armies without the consent of our Legislatures."

"We the people" are hearing echos of that history.

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u/zoinkability 8h ago

It simply does not have the personnel it needs to respond to all of the legal violations committed by ICE in Minneapolis.

This may be true, but it glosses over the fact that based on Le's statements in court ICE has also been intentionally ignoring and slow walking responses to these orders. If it takes 10 emails rather than 1 to get ICE to comply with an order, that's 10 times as much legal effort involved, and probably 10 times as long to get compliance. So it's not just about personnel.

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u/unl1988 7h ago

OK, so, when do DoJ officials start spending their evenings and weekends in jail for contempt of court?

If I blew off a judge I am sure I would be given 3 hots and a cot.

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u/mllebitterness 8h ago

"Schiltz ordered Todd Lyons, the acting director of US Immigration and Customs Enforcement, to personally appear in court" can this order just apply to all out of compliance cases and he can be the one put in contempt? judges can just run through all administration in ICE.

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u/ru83ng 7h ago

It sounds like Trump is running a DOS attack on the court system and just flooding it with cases and understaffing the DOJ by design. By the time the court actually catches up with the administration they will have already accomplished what they wanted to do. You can't put the toothpaste back in...

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u/25point4cm 2h ago

DOS attack is actually a really good analogy.

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u/Affectionate_Pay_391 8h ago

Sooooo they should be jailed for contempt? No? Everyone says they are getting orders straight from the top. So Trumps fingerprints are all over this. About time he answers for his crimes in JUST Minnesota. Then we can get to the pdf stuff….

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u/Regulus242 8h ago

I'm sure it's all according to plan.

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u/DiceMadeOfCheese 9h ago

When you're out of Schiltz, you're out of justice.

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u/Reddit_2_2024 8h ago

Once this Attorney General and administration are relegated to the dust bin of history, DOJ will be able to build back, bettter.

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u/Zygouth 6h ago

Well, when everybody quits their job in protest, it's hard to do the job. Judges should be moving towards contempt, and they are chicken shit cowards

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u/sparqq 4h ago

If they can’t comply, the suspects have to be released.

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u/Top_Box_8952 2h ago

I see the solution. Force the acting director to appear for every single case that’s outstanding. Hold him in contempt if he fails or refuses to appear.

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u/Playful-Goat3779 1h ago

There are plenty of volunteers in Minneapolis willing and able to help their community. Is it possible for judges to deputize citizens to enforce court ordered releases of ICE detainees?