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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMS NOW- Why Judge Boasberg's ruling on DOJ's Jerome Powell investigation is bigger than one case
The judge treated Trumps own words as evidence of motive and may signal a broader judicial willingness to scrutinize politicized legal process.
Why Judge Boasbergâs ruling on DOJâs Jerome Powell investigation is bigger than one case www.ms.now/opinion/judg...
— Skeptical Brotha ð³ï¸âð (@skepticalbrotha.bsky.social) 2026-03-19T00:52:58.247Z
https://www.ms.now/opinion/judge-boasberg-jerome-powell-doj-subpoena-fed-chair
It was that he refused to suspend common sense. He read the subpoenas against the public record that produced them. He took President Donald Trump at his word. That is what made the opinion so important.
Judge Boasberg did not begin with dry procedural throat-clearing. He began with Trumps own attacks on Federal Reserve Chair Jerome Powell and the broader campaign of presidential and White House pressure on the Federal Reserve to cut interest rates.
He quoted Trump calling Powell TOO ANGRY, TOO STUPID, & TOO POLITICAL, to have the job of Fed Chair. He cited another post calling Powell one of the dumbest, and most destructive, people in Government. He noted Trumps statement that Powells termination cannot come fast enough! and his threat that if the Fed did not cut rates, I may have to force something.....
Judge Boasberg wrote that there was abundant evidence that the dominant, if not sole, purpose of the subpoenas was to harass and pressure Powell either to yield to the president or resign and make way for someone who would. On the other side of the scale, he said the government had offered no evidence whatsoever that Powell committed any crime other than displeasing the president. By the end of the opinion, that judgment hardened even further: The government had produced essentially zero evidence of criminality, and its stated justifications looked like a convenient pretext for another unstated purpose......
When a president has repeatedly identified the official he wants pressured or removed, made his desired outcome unmistakable and then his Justice Department shows up with a paper-thin theory aimed at that same target, a court does not have to pretend those events are unrelated. Judge Boasbergs opinion suggested that at least some courts may be losing patience with that formalism.
What made the opinion important was not just that Judge Boasberg drew that inference here. It was that he did so openly, in a way that may signal a broader judicial willingness to read executive motive more realistically in politically saturated cases.
That is not judicial activism. It is common sense......
When a president has repeatedly identified the official he wants pressured or removed, made his desired outcome unmistakable and then his Justice Department shows up with a paper-thin theory aimed at that same target, a court does not have to pretend those events are unrelated. Judge Boasbergs opinion suggested that at least some courts may be losing patience with that formalism.
What made the opinion important was not just that Judge Boasberg drew that inference here. It was that he did so openly, in a way that may signal a broader judicial willingness to read executive motive more realistically in politically saturated cases.
That is not judicial activism. It is common sense.
Several courts have suspended the presumption of regularity with respect to lawsuits brought by the DOJ. See https://www.democraticunderground.com/100221015053 and https://www.democraticunderground.com/100221027542 The presumption of regularity is the concept that the courts will presume that lawyers representing the DOJ/government are acting in good faith and are telling the truth. A good number of courts have rejected this presumption. The ruling by Judge Boasberg is an extension of the rejection of the presumption of regularity. Now courts are no longer required to assume that the DOJ/government are acting in the ordinary course of business and that the courts can rely on the truth of the facts asserted but now the court can look at the statements of trump to ascertain the true motives.
LetMyPeopleVote
(179,343 posts)The Department of Homeland Security has effectively set its credibility on fire but the larger problem goes well beyond DHS.
Link to tweet
https://www.ms.now/rachel-maddow-show/maddowblog/the-trump-administration-faces-a-credibility-crisis-of-its-own-making
In 2026, that presumption has fallen on hard times. MS NOW reported late last week:
Federal prosecutors are investigating whether two Immigration and Customs Enforcement officers lied under oath about the shooting of a migrant in Minneapolis last month, an ICE spokesperson said Friday.
The about-face on the case, which Homeland Security Secretary Kristi Noem initially called an attempted murder of federal law enforcement, marks the latest instance in which immigration authorities have had to walk back such claims in the face of evidence contradicting them.
About a month ago, a federal immigration agent shot 24-year-old Julio Cesar Sosa-Celis, and immediately after the incident, federal officials described Sosa-Celis as a violent criminal illegal alien who was part of a group that attacked an officer with a snow shovel and a broom handle during an attempted arrest....
The same day the administrations case against Sosa-Celis unraveled, acting ICE Director Todd Lyons appeared before a Senate committee and testified under oath that local law enforcement personnel in Colorado leaked plans for a law enforcement raid, which in turn allowed gang members to escape.
Soon after, Lyons story also collapsed under scrutiny.
The acting director of ICE told Congress, under oath, that local law enforcement in Colorado leaked raid plans, allowing gang members to escape.
— Kyle Clark (@kylec.bsky.social) 2026-02-15T16:58:15.296Z
After 9NEWS questioned ICE's claim and its timeline, ICE deleted the claim from its social media platforms.
....Trumps Justice Department is so dishonest, so frequently, that former Republican Gov. Chris Christie, a former federal prosecutor, said on ABC News This Week on Sunday, What youre seeing now is absolutely the destruction of the credibility of the Justice Department with our judicial system.
The Department of Health and Human Services and its many agencies are no longer reliable. Government data is suspect in ways without modern precedent. The Environmental Protection Agency is led by a former GOP congressman who thinks the entirety of international climate science is a con job, while the Pentagon is led by a former Fox News host whom even other Republicans struggle to trust.
The idea that the public can trust the Office of the Director of National Intelligence is plainly laughable. The idea that the public can trust claims from the White House is almost certainly worse.
This is obviously just a small sampling, but it speaks to a larger truth: Donald Trump is leading a team facing a systemic credibility crisis, which the administration is choosing to ignore and making no effort to resolve. The result is a civics crisis in which Americans have no idea what, if anything, to believe from the federal government that ostensibly exists to serve their interests.
LetMyPeopleVote
(179,343 posts)Jerome Powell is not going to leave office until these silly charges are finally dismissed.
Donald Trump's attempt to force Federal Reserve Chair Jerome Powell out of office appears destined to backfire spectacularly, with the botched criminal prosecution potentially extending Powell's stay rather than shortening it.
— Raw Story (@rawstory.com) 2026-03-22T22:00:10Z
https://www.rawstory.com/trump-powell-2676572479/
According to reporting from Yahoo Finance's Jennifer Schonberger, the failed prosecution effort has been complicated further by the possibility that Powell's successor, Kevin WarshTrump's nominee for the positioncould remain stuck in confirmation limbo indefinitely.
Powell made clear this past week that he intends to serve as the Fed's chair pro tempore if Warsh fails to win Senate confirmation before Powell's term expires in May. "That is what the law calls for," Powell told reporters Wednesday, pointing to historical precedent for such arrangements, including his own delayed confirmation to a second term under former President Joe Biden.
Powell also announced for the first time that he will not resign from the Federal Reserve's Board of Governors until the Justice Department investigation targeting him personally is fully resolved. "I have no intention of leaving the board until the investigation is well and truly over with transparency and finality," he said following the Fed's policy meeting.
The legal warfare intensified in January when D.C. U.S. Attorney Jeanine Pirro's Justice Department launched a criminal probe into Powell's congressional testimony regarding cost overruns on renovations to the Fed's Washington headquarters.