Phang broke down the filing in a video Wednesday on the Katie Phang News Channel. The Justice Department lodged the complaint with the Eighth Circuit Court of Appeals against U.S. District Judges Patrick Schiltz and John Tunheim, along with unnamed colleagues on Minnesota's federal bench. It targets comments they made to The New York Times for a September 17 article on the Trump administration's immigration enforcement surge in the state.
The complaint, signed by DOJ officials Stanley Woodward and Trent McCotter, accuses the judges of "unethical and partisan commentary" and asks that they be recused from cases involving the Department of Homeland Security. It also seeks an investigation into judges who it says "covet publicity."
In the Times piece, Schiltz, who served as the court's chief judge last winter, called the Trump administration's actions "a grave threat to the rule of law" and said Immigration and Customs Enforcement had violated nearly 100 court orders in January alone. Phang noted that Judge Nancy Brasel, a Trump appointee, was among the seven judges who spoke to the paper.
Phang then read Schiltz's response, as reported by Politico's Kyle Cheney.
"As legal ethics experts have confirmed, I was acting well within the ethical rules that apply to federal judges in speaking to the New York Times," Schiltz said. "Indeed, in February of this year, the Committee on Codes of Conduct issued an advisory opinion to emphasize that federal judges may speak and write on core judiciary matters such as advocacy for the rule of law and judicial independence. That is exactly what I did."
Washington, D.C. — Today, Rep. Robert Garcia, Ranking Member of the House Committee on Oversight and Government Reform, Rep. Joe Morelle, Ranking Member of the Committee on House Administration, and Rep. Rosa DeLauro, Ranking Member of the Committee on Appropriations, sent a letter to President Donald Trump demanding information about the production of a new television advertisement with the disclaimer: “Paid for by the U.S. Government.”
While Americans are struggling to pay rent, feed their families, and afford a trip to the doctor, Donald Trump and Republicans have done nothing to address the crushing cost of living crisis. Instead, they have prioritized vanity projects like this advertisement and flagrantly abused hardworking taxpayer dollars while escalating the conflict abroad in Iran, leading to the worst economic catastrophe since the Great Recession.
“This advertisement indicates a potential significant misuse of taxpayer funds and federal government resources for what appears to be political advertising. Given the proximity to the November midterm elections, this advertisement—and the circumstances surrounding its development and production—warrants an immediate investigation,” the Members wrote.
The Ranking Members demanded the Trump administration immediately cease airing the advertisement. They also outlined that Americans have a right to know:
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Whether any federal agency or office authorized and paid for the advertisement and if so, which one;
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Where the advertisement was written and developed—specifically whether any part of the advertisement was produced on government property or with government resources;
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The specific appropriation and statutory authority used to fund and justify the advertisement;
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What person or persons individually authorized and approved the advertisement’s development and content; and
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What, if any, legal review of relevant federal statutes was conducted before it was broadcast
The Members continued, “the President of the United States already has broad latitude to speak publicly and advocate for his or her policies. Neither you nor your unnamed ideological apparatchiks, however, have the power to funnel taxpayer-funded government resources toward a political advertisement. Such behavior deepens the American people’s preexisting fury at your Administration’s rampant corruption and injures the civic health of our nation. While federal law already limits the ability of the White House to produce advertisements of this nature, it may be that Congress must consider what further legislation is needed to strengthen these guardrails to ensure that no future president—no matter how personally insecure—is able to abuse taxpayer resources as you have.”
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By many measures, though, Mr. Hegseth has never been weaker. He is leading the military through an unpopular war. Republicans in Congress complain privately — and increasingly in public — that he and his staff are dismissive of their questions and frequently unprepared for briefings.
If Democrats win a majority in the House, Mr. Hegseth will likely face new calls for his impeachment.
Mr. Hegseth’s firing and sidelining of senior military officers, often with no explanation, has fed mistrust and led many in the top ranks to question his leadership.
How Mr. Hegseth manages the contradiction between his tough guy image and his growing vulnerabilities in Washington and around the world could determine whether Mr. Trump — the person Mr. Hegseth must ultimately please — keeps him in the job.
Mr. Hegseth’s most immediate problems are in Iran, where the U.S. war shows no signs of ending, and on Capitol Hill. In the aftermath of the midterm elections, Mr. Hegseth will have to persuade a skeptical Congress to pass a $1.5 trillion defense budget and confirm nominees for key Pentagon posts. Several of his choices are being blocked by Republicans in the Senate.
He will also have to convince Congress to keep paying for the war, which the American people broadly oppose.
***WATCH: Senator Murray’s remarks***
Washington, D.C. — Today, U.S. Senator Patty Murray, Vice Chair of the Senate Appropriations Committee, joined Senator Jeff Merkley (D-OR), Ranking Member of the Senate Budget Committee, in seeking unanimous consent to pass a commonsense bill to stop President Trump from robbing the American people through illegal “pocket rescissions.”
But Senator Ron Johnson (R-WI) blocked the bill, which would (1) nullify the illegal “pocket rescission” that President Trump announced on Friday and (2) prevent the president from attempting to use a “pocket rescission” again by forbidding any president from submitting rescissions requests under the Impoundment Control Act with fewer than 90 days before the funds expire. This ensures Congress can act on the request and presidents cannot try to simply run out the clock.
Democrats have repeatedly sought to bar the Trump administration from so much as attempting this illegal maneuver—when marking up draft Senate spending bills, in votes on the floor, and in negotiations over spending packages, including negotiations over the continuing resolution that was recently signed into law. But Republicans have rejected every Democratic attempt over the last 18 months to enact new protections against pocket rescissions.
Senator Murray’s remarks ahead of the attempt to pass the bill, as delivered, are below:
“Thank you to my colleague from Oregon for setting out what is going on here because, as he said, on Friday night, President Trump announced that he was stealing more money from the American people. Trump and his budget director Russ Vought call it a ‘pocket rescission.’ Well, whatever you call it, it’s illegal.
“Trump is taking the bipartisan funding that we passed—funding that Democrats and Republicans agreed on, that he signed into law—and he is now ripping out the pages he doesn’t like. Forget about ideas like Congress and the law.
“Look, this is theft from the American people—plain and simple. In this case, Trump is tearing away funding to help Americans buy a home, he’s cutting off funds for health care research which would prevent things like dangerous hospital infections that are dangerous or saving taxpayers literally billions of dollars.
“But you know what, Trump could not care less. While he blows your tax dollars on an illegal war, Trump is illegally cutting off funding for health research, housing, and more.
“And I guess that’s no surprise given how this President is constantly out-of-touch with American families, saying ‘tariffs’ is his favorite word, ore saying he loves inflation, or saying he wants housing costs to go up—he said that.
“But where are my Republican colleagues who helped pass these funds that Trump is now stealing? Because this didn’t come out of left field. No one can pretend to be surprised by what is happening now.
“When Russ Vought was nominated as Trump’s budget chief, he was pretty darn transparent about the fact that he planned to break the law, he planned to tear up our bills, and he dared us to stop him. But that didn’t stop every Republican Senator from voting for him—and when his deputy was nominated and told us this summer that pocket rescissions were very much still on the table, what happened? Once again, every Senate Republican voted to confirm him too.
“Anyone watching could see this coming from a mile away—Trump used this scheme to unlawfully impound $5 billion last summer, for heaven’s sake. That’s why Democrats have fought again, and again, and again, to prevent the president from being able to use this illegal tactic, including in recent negotiations over the CR that’s now law.
“But Republicans have refused to work with us to prevent Trump and Russ Vought from stealing from the American people. Time, after time, after time, they have shot down our attempts to stop this administration from defying Congress and robbing our constituents.
“Let’s talk more about this ‘pocket rescission’ scheme for a minute and what’s at stake. President Trump and Russ Vought are saying: ‘Hey, we can ignore the law, we can ignore bipartisan deals, and just make our own decisions, as long as we do it last minute.’
“Everyone knows that is ridiculous and illegal. Congress would never have created a system that gave any President the ability to decide to just ignore or bypass a law.
“It makes no sense. And in fact, GAO has looked at what this President has done and has said it’s clearly illegal—twice. Now, my Republican colleagues know some of this, some of them have even said so. But whenever they have had the chance, they have not joined us to put an end to this. Democrats had language Republicans could have let us put in the last CR, or the CR before it.
“We’ve taken vote after vote on versions of this language—on the floor, and in committee—and, of course, we had the vote where Republicans confirmed the un-abashed architect of Trump’s illegal scheme as Budget Director.
“Well now they are getting one more chance. Senator Merkley and I and others have a bill to help Congress re-assert its authority—our authority—and head off Trump’s completely illegal pocket rescission scheme.
“We should be clear: Trump isn’t just illegally robbing our constituents through this pocket rescission. There are a whole lot of other funds that he is refusing to get out the door: more health research funding, grants to prevent teen pregnancy, funding to protect Americans from global health threats, and even a quarter of a billion dollars to help families in rural areas get the financing they need to finally achieve their dream of owning a home.
“Hundreds of families in rural America will be denied the shot to buy a home as Trump lights this money on fire tonight.
“So, it’s not just the pocket rescission—it’s all the rest of the money this administration is holding up or misspending. And Republicans have been pretty quiet about it.
“Russ Vought has always made his message to Congress painfully clear: he thinks the votes that we all take here don’t count. He thinks the laws we pass are optional.
“Now is the time for our Republican colleagues who said they would never let this happen to help us pass a bill that makes our message to Russ Vought equally clear: stop stealing from our constituents and start following our laws.”
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