A Slo-Mo Constitutional Clash Is Already Well Underway

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

Stonewalling At The Highest Level

President Trump’s open defiance of the judicial branch isn’t happening with a thunderclap and banner headlines. It’s a slow, grinding, make-me-if-you-can refusal to recognize the legitimacy of the district court handling the mistaken deportation case of Kilmar Abrego Garcia, who has been wrongly imprisoned in El Salvador since March 15.

I ventured out to suburban DC Friday for what was shaping up, in the aftermath of the Supreme Court’s ruling the prior evening, to be an epic confrontation between the executive and judicial branches. It did not feel epic. It felt dreary and exasperating. Instead of a titanic constitutional clash, it was bureaucratic stonewalling by the President using the many layers between him and a willing stooge of a DOJ official to tell the court to pound sand.

Initially, U.S. District Judge Paula Xinis seemed willing to push back hard against Trump’s recalcitrance. But over the course of a few minutes, she went from adamant to head-in-hand frustrated to asking opposing counsel to give her a way out of the impasse. I felt the air leave the room when Xinis shifted the burden from the government to comply with her order to the lawyers for Abrego Garcia to argue what should be done about the government’s failure to comply. “It’s your case,” she told them.

Xinis settled on a dissatisfying half measure: requiring daily status updates from the government providing answers to the three questions she had posed in her order the night before and which the Trump DOJ had refused to answer in writing or in person at the hearing. It will not surprise you that the status updates Saturday (which was late-filed after her deadline) and Sunday did not answer the judge’s questions.

The status updates came in the form of declarations from administration officials that were not forthcoming and continued to argue the legal merits of the case (even though she had asked for attestations based on personal knowledge). The only new news was the first U.S. government confirmation that Abrego Garcia is in fact alive and confined at El Salvador’s brutal CECOT facility.

In the meantime, Abrego Garcia’s attorneys filed a follow-up motion seizing on Trump’s comments about the case late Friday: “If the Supreme Court said, ‘Bring somebody back,’ I would do that,” the president said. “I respect the Supreme Court.” That forced Trump to do some hasty cleanup work in a social media post on Saturday, declaring that the detainees like Abrego Garcia “are now in the sole custody El Salvador,” suggesting the United States can’t get them back if it tried. More stonewalling.

Against this backdrop, El Salvadoran President Nayib Bukele visits President Trump in the Oval Office this morning. The Trump DOJ used the presidential visit in opposing Abrego Garcia’s request for specific concrete steps to facilitate his release and expedited discovery: “That request is particularly inappropriate given that such discovery could interfere with ongoing diplomatic discussions—particularly in the context of President Bukele’s ongoing trip to the United States.”

Heads we win, tails you lose.

Khalil Loses In Immigration Court

Palestinian activist Mahmoud Khalil, the Columbia University graduate whose green card was unilaterally revoked by Secretary of State Marco Rubio, was declared eligible for deportation by an immigration judge in Louisiana. The Trump administration met the low standard for establishing removability. Khalil’s claims are still alive in federal court in New Jersey, where a court order blocking his deportation remains in effect.

Exclusive

A State Department memo in March subsequently described to the WaPo determined that the Trump administration had not produced any evidence showing that detained Tufts University student Rumeysa Ozturk engaged in antisemitic activities or made public statements supporting a terrorist organization, as the government has alleged.

Unreal

The North Carolina Supreme Court may have done just enough Friday to overturn the results of the 2024 election for one of its own seats. In narrowing a state appeals court decision that effectively threw out 60,000 already-cast ballots, the Supreme Court still put enough ballots in jeopardy to throw the close race from incumbent Democrat Allison Riggs to Republican Jefferson Griffin. Riggs imediately took the case to federal court, where a judge allowed the state Elections Board to proceed in accordance with the state court orders but barred it from certifying the results of the election while the federal case proceeds.

Five More Major Law Firms Reach Deals With Trump

The capitulators: Kirkland & Ellis, Latham & Watkins, A&O Shearman, Simpson Thacher & Bartlett, and Cadwalader, Wickersham & Taft.

Meanwhile, the WSJ reports that Boris Epshteyn – Trump’s private lawyer – has been the President’s point person on the shakedown of Big Law. Epshteyn doesn’t work for the White House or any other component of the federal government, so it’s unclear on whose behalf he is negotiating, other than Trump personally.

The Corruption: Trump DOJ Edition

The Trump DOJ is corruptly shifting the department’s approach to the case of the former FBI informant who pleaded guilty to lying to investigators in a smear of the Biden family – a con that current FBI Director Kash Patel amplified while he was out of government. The Trump DOJ said in a court filing that it is reviewing the basis for Special Counsel David Weiss’ prosecution of Alexander Smirnov and has asked for his release from custody while his appeal proceeds. Senior DOJ officials ordered the move, the NYT reports, and the prosecutors on the case withdrew on the day the motion was filed.

Trump DOJ Sinks Further Into The Abyss

  • In a highly inappropriate move, acting U.S. Attorney Alina Habba of New Jersey went on Sean Hannity’s program late last week and publicly announced she was targeting two Democratic state officials: Gov. Philip D. Murphy and Attorney General Matthew J. Platkin over whether they’re providing sufficient assistance with President Trump’s mass deportations. Habba said the investigation is a “warning for everybody” that “I will come after them hard.” 
  • “The Trump administration is retreating from some types of white-collar law enforcement, including cases involving foreign bribery, public corruption, money laundering and crypto markets,” the WSJ reports.
  • The FBI suspended analyst Brian Auten, who had appeared on Director Kash Patel’s so-called enemies list, the NYT reports. It’s not publicly known why Auten, who worked on the Trump Russia and Hunter Biden cases, was suspended.

ICYMI

I can’t think of any historical precedent for this: Attorney General Pam Bondi on Thursday used a cabinet meeting while TV cameras were present to engage in performative law enforcement in front of President Trump. The obsequious tone, the braggadocio, the politicization of prosecutions are precisely what nearly every other attorney general has assiduously avoided:

Bondi: "Within the next 24 hours you're going to be seeing another huge arrest on a Tesla dealership, president. And that person will be looking at at least 20 years in prison with no negotiations."

[image or embed]

— Aaron Rupar (@atrupar.com) April 10, 2025 at 1:11 PM

DOGE Watch

  • WaPo: Trump administration overrode Social Security staff to list immigrants as dead
  • Wired: Palantir Is Helping DOGE With a Massive IRS Data Project
  • Politico: Inside the DOGE immigration task force
  • WaPo: DOGE takes over federal grants website, wresting control of billions

The Destruction

  • The Trump administration is considering eliminating NOAA’s research arm, which has historically done critical work to improve weather forecasting.
  • The U.S. Department of Education is moving to cut off all federal funding for Maine public schools in retaliation for ignoring President Trump’s executive order banning transgender athletes from girls’ sports teams.
  • Just as important as which books were banned from the library at the U.S. Naval is which books were allowed to remain.

What Can You Do?

The New Yorker has an interesting piece on dissent in an era of rising “competitive authoritarianism”:

We analyzed the literature of protest and spoke to a range of people, including foreign dissidents and opposition leaders, movement strategists, domestic activists, and scholars of nonviolent movements. We asked them for their advice, in the nascent weeks of the Trump Administration, for those who want to oppose these dramatic changes but harbor considerable fear for their jobs, their freedom, their way of life, or all three. There are some proven lessons, operational and spiritual, to be learned from those who have challenged repressive regimes—a provisional guide for finding courage in Trump’s age of authoritarian fear.

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On the Role of the Universities #2

From TPM Reader XX

Sometimes analogies illuminate but sometimes they don’t.  Docs go into the business knowing the high likelihood of confronting danger-to-oneself at some point over career, if not from a pandemic than from a “routine” infectious agent that takes a virulent turn.  Universities at least in the US are not built and financed in a way to take account of the risk of an authoritarian “burn it down” mood in the national leadership which is prepared to proceed in a lawless, destructive way.  

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On the Role of Universities #1

From TPM Reader CA

Thank you very much for the piece on universities.  The connection you draw between social authority and public goods is exactly right.  Indeed, their status of tax-exempt non-profits depends on a version of this bargain.  But I would add to your analysis a problem that I think exists as a condition of possibility for the war being waged by the Trump administration.  This is the twofold shift that took place c. 1980, regarding who pays for education and who benefits from research.

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About Those Law Firm Deals

From TPM Reader AK

Just read your posts about this. I realize that law is quaint right now, and I haven’t researched the details. Maybe I’m missing something basic, or alternatively maybe it’s just so obvious that nobody is bothering to say it. But if Trump is extorting millions of dollars of value in his *personal* capacity in consideration for taking or desisting from taking official government action, that seems like a textbook definition of bribery or some other form of criminal misconduct, presumably with no official immunity. 

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Gov’s Mansion Firebombing

You probably saw the reports that there was an arson attempt of some sort at the Pennsylvania governor’s mansion last night on the first night of Passover. The original reports, at least the ones I saw, did not capture the gravity of what happened. “Firebombing” would be the only accurate way to describe the photos released this afternoon by the governor’s office. It’s possible that the original accounts provided to local media themselves didn’t capture the scale of the incident. A late afternoon press conference described it in more detail and released video and photographs. You can see the full collection of photos here. I’m republishing four of them below.

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Trump Anoints Himself With The Power To Secretly Repeal Regulations

Hello, it’s the weekend. This is The Weekender ☕️

No longer content to simply rip up the federal government, President Trump is now reaching into the past to undo agency regulations by fiat. 

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Why Aren’t We Seeing Any of These ‘Agreements’?

Here’s one thing that’s hardly been discussed as far as I can tell. We know about the Trump “deals” with various law firms. We know about the “deal” with Columbia University, which the administration has now violated to the extent it was ever actually a deal. But where are these deals? What are they exactly? I mean, have these agreements been committed to paper? In every one of these that I have seen each side has a general description of what’s been agreed to but there’s no document that you would have in the real world — or the real non-corrupt world — when two parties agree to something.

Another important question: Who are the parties to the agreements? Are they with the government of the United States or Donald Trump? I think it must be the latter since I’m not sure how you would legally structure such agreements. But that’s another matter. Where are the agreements? Why can’t we see them?

Beyond Showerheads: Trump’s Attempts to Kill Appliance Regulations Cause Chaos

This story first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Donald Trump makes no secret of his loathing for regulations that limit water and energy use by home appliances. For years, he has regaled supporters at his campaign rallies with fanciful stories about their impact. He is so exercised by the issue that, even as global stock markets convulsed Wednesday in response to his tariff plans, Trump took time out to issue an executive order titled “Maintaining Acceptable Water Pressure in Showerheads.”

Contemporary shower fixtures are only one of the items that rankle the president, who complains that “there’s no water coming and you end up standing there five times longer,” making it difficult to coif his “perfect” hair. He has frequently denounced dishwashers that he claims take so long and clean so poorly that “the electric bill is ten times more than the water”; toilets that require flushing “ten or 15 times”; and LED lightbulbs, which he faults for making him look orange.

In his first term, Trump pursued an array of gimmicks to try to undermine the rules. His moves were opposed by industry and environmental groups alike. If it’s possible for regulations to be popular, these ones are. They have cut America’s water and energy consumption, reduced global-warming emissions and saved consumers money. Legal prohibitions stymied most of Trump’s maneuvers back then, and the Biden administration quickly reversed the steps Trump managed to take.

Trump’s executive order on showerheads generated headlines, but it’s likely to have little effect (more on that later). Far more consequential steps have been taken outside the Oval Office.

With the aid of Elon Musk’s Department of Government Efficiency team, Trump appears to be attempting an end run that could succeed where his past attempts failed: by simply terminating the consulting contract that the Department of Energy relies on to develop and enforce the rules. In late March, DOGE’s “wall of receipts” stated that it had “deleted” a Department of Energy contract for Guidehouse LLP (a PricewaterhouseCoopers spinoff) for “Appliance Standards Analysis and Regulatory Support Service,” producing a listed savings of $247,603,000. That item has now disappeared from the DOGE website, and its current status remains unclear.

This has produced confusion for everyone from appliance manufacturers to government officials to the contractors paid to enforce the rules. If the contract is indeed canceled, experts told ProPublica, it would cripple the government’s efficiency standards program, which relies on the consulting firm’s technical expertise and testing labs to update standards, ensure compliance and punish violators.

“It would have a huge impact,” said George Washington University law professor Emily Hammond, who helped run the program as deputy general counsel at the Department of Energy and now serves on its appliance standards advisory committee. “DOE does not have the internal capacity to do that work. Taking that away pulls the rug out from under the agency’s ability to run that regulatory program.”

Appliance manufacturers seem almost as concerned. “This is not a positive development,” said Josh Greene, vice president for government affairs at A.O. Smith, the largest manufacturer of water heaters in the U.S. Terminating the Guidehouse contract, he said, would create “a wild Wild West” where “upstart manufacturers” are free to import poor-quality products because “they know there’s no one to enforce the rules. That’s not good for American manufacturing and it’s not good for consumers.”

The Department of Energy has made no public attempts to clarify the matter. An agency spokesperson did not respond to ProPublica’s requests for comment. Emails to DOGE and the White House brought no reply. And Guidehouse officials, reportedly eager to lay low, also offered no response to multiple requests for comment.

The government’s efficiency requirements originated with the Energy Policy and Conservation Act, signed into law in 1975, when the concern was an energy shortage, not global warming. Today, the Department of Energy is required to set rules for energy and water use by more than 70 appliances and commercial products sold in the U.S. The agency must consider imposing stricter standards for each product every eight years, based on what is “technologically feasible and economically justified.” Manufacturers then have three to five years to make their products measure up.

The Energy Department typically stiffens a requirement only after years of study, comment, negotiation and testing (and sometimes litigation) among industry, consumer and environmental groups. The law also includes an “anti-backsliding” provision that bars relaxation of standards that have been finalized. Guidehouse and its subcontractors have for years performed virtually all the necessary technical work; they also maintain a certification database that U.S. authorities use to keep illegal products from being imported.

Republican lawmakers, anti-regulation advocates and right-wing media have long decried the efficiency rules as an impingement on personal freedom, limiting product choice. The early rollout of water-throttling products produced some of the issues Trump complains about, lampooned in a 1996 “Seinfeld” episode titled “The Shower Head.”

But in the decades since, the standards have been widely embraced, dramatically cutting energy and water consumption, reducing emissions and providing plenty of attractive consumer choices. In 2023, Consumer Reports found that “even the simplest and least expensive showerheads can provide a satisfying shower.” Dishwashers and clothes washers clean better while using less than half as much water and energy as they once did. The transition to LED light bulbs, nearly complete, is estimated to have cut energy bills by $3 billion a year and eliminated the need for about 30 large power plants.

In January, days before Trump returned to office, a Department of Energy report estimated that the efficiency standards are now saving the average American household about $576 a year on their utility bills, while cutting the nation’s energy consumption by 6.5% and water consumption by 12%. A 2022 survey by the Consumer Federation of America found that 76% of Americans support the government setting efficiency standards for appliances.

None of that has slowed Trump’s attacks. During his first term, the Department of Energy ignored legal deadlines for considering efficiency updates on 28 products, blocked the long-planned rollout of new lightbulb rules and sought to bypass finalized appliance standards through byzantine legal maneuvers. Among other things, the Energy Department announced special new “product classes” for dishwashers, clothes washers and dryers that completed their “normal” cycle in an hour or less. This would exempt any such “short-cycle” devices that were introduced from the existing limits on water and energy use.

Manufacturers never brought those models to market. Most existing appliances already had a “short cycle” option that did their job well; those short on time simply had to push that button. And by mid-2022, Biden’s Energy Department had reversed Trump’s regulatory moves. The department went on to issue an array of tightened home appliance rules jointly recommended by industry and consumer groups; most were finalized early enough to be immune from congressional rollback.

This didn’t stop Trump from boasting on the 2024 campaign trail that he had changed everything during his first term. He vowed to fix it all again when he returned to the White House. “Eliminate energy efficiency standards for appliances” was on Project 2025’s list of “needed reforms.”

Sure enough, on his first day back in the White House, Trump issued two executive orders targeting the efficiency rules. On Feb. 11, he posted on Truth Social: “I am hereby instructing Secretary Lee Zeldin to immediately go back to my Environmental Orders, which were terminated by Crooked Joe Biden, on Water Standard and Flow pertaining to SINKS, SHOWERS, TOLIETS, WASHING MACHINES, DISHWASHERS, etc., and to likewise go back to the common sense standards on LIGHTBULBS, that were put in place by the Trump Administration, but terminated by Crooked Joe. I look forward to signing these orders.” (In fact, the rules Trump cited were issued and enforced by the Department of Energy, not the Environmental Protection Agency, where Administrator Zeldin presides.)

None of the standards Trump listed were subject to an executive order, or any other kind of rapid rollback. In simple terms, Trump did not have the legal authority to change these rules.

No matter. Energy Secretary Chris Wright — who had listed “affordability and consumer choice in home appliances” among his top nine priorities — took up the cause. Three days after Trump’s Truth Social post, Wright announced that the Department of Energy was postponing “seven of the Biden-Harris administration’s restrictive mandates on home appliances,” which “have driven up costs, reduced choice and diminished the quality of Americans’ home appliances.” Wright’s list of seven affected “home appliances” actually included three types of commercial equipment and three other regulations long past the point where they could be undone.

That left only one household-product regulation that could be challenged. It involved an item that seemed like an improbable symbol of “freedom” and “consumer choice”: the tankless, gas-fueled hot water heater.

The vast majority of U.S. homes have traditional water heaters with 40- to 50-gallon tanks. By contrast, tankless gas products represent 10% of sales. They are about the size of a carry-on suitcase and heat a stream of water on demand. They’re energy-efficient and roughly twice as expensive as standard heaters.

But the rules governing tankless gas water heaters were vulnerable because they were issued in the final weeks of Biden’s term. That meant lawmakers could reverse them under the Congressional Review Act, which allows lawmakers to block a recently enacted agency rule, if a resolution to do so passes both houses and is signed by the president.

Appearing at the Conservative Political Action Conference on Feb. 20, Wright drew cheers as he offered a Trumpian litany — “My dishwasher has to run for two hours now, and at the end I got to clean the dishes” — before turning to hot water heaters. “We have a factory in the southeastern part of the United States that employs hundreds of people to build a particularly popular product these days,” Wright said. “It is a tankless water heater powered by natural gas,” which he described as “selling like hotcakes.” So, what did the Biden administration do, he asked. “They passed a regulation that would make that product illegal, and that company would be dead.” But under Trump, declared Wright, waving his arms, “we are fixing that problem. That factory is staying open. … America is back, baby!”

Wright returned to “the hot-water thing” in a FoxBusiness interview a month later. Assailing “nanny-state, crazy, top-down mandates that makes it more expensive for American consumers and businesses to buy what they want,” he said the new rule was going to shut down a factory “just built in the southeast United States.” Wright acknowledged that U.S. law bars elimination of other efficiency updates that he and Trump have targeted because they’ve already been finalized. “We can’t officially get rid of them,” he commented. “So we just pushed back the enforcement date, hopefully, to never.”

Wright’s portrayal omitted significant details. The administration’s actions involve a single beneficiary: Rinnai, a Japanese appliance company with $3.3 billion in revenues last year. In 2022, Rinnai opened a $70 million factory south of Atlanta, where about 250 U.S. workers build “non-condensing” tankless gas water heaters, a major moneymaker for the company.

“Non-condensing” tankless heaters are less efficient and less expensive than “condensing” tankless heaters, which reuse heat from their exhaust gases. As a result, Rinnai wouldn’t be able to continue selling them when the new standards went into effect in December 2029.

That, however, wasn’t going to put the company out of business; it wasn’t likely to shut down its U.S. factory, either, though Rinnai raised that specter in government filings where its U.S. president warned the new standards would make the Georgia plant “largely obsolete … eliminating” all its jobs.

Rinnai sells a broad array of products across the world. It also already sold condensing tankless heaters in the U.S. that met the new standard and were imported from Japan. And Rinnai had plans to make them in Georgia, according to the company’s most recent annual report. (Rinnai agreed to make its U.S. chief, Frank Windsor, available for an interview with ProPublica, then canceled twice at the last minute. The company ultimately declined to respond to questions about its public representations.)

Nonetheless, the company, now backed by the Trump administration, has pursued a multitrack campaign to roll back the new standards. Its efforts appear to be on the point of success. A resolution has passed the House and won Senate approval on Thursday. Rinnai has spent $375,000 on Washington lobbyists since 2023, according to disclosure reports. The company also joined with Republican attorneys general in a court challenge to the energy rule.

Three major Rinnai competitors supported the Biden-era regulations. Wisconsin-based A.O. Smith has actively lobbied against Rinnai’s effort to win a congressional rollback. Greene said blocking the standard will “disadvantage” U.S. companies, which have already invested in more efficient condensing technology, by allowing continued sale of Rinnai’s less expensive competing products. “In this time of ‘America First,’ it just seems to us a shame that where we’re heading is rewarding foreign manufacturers,” Greene said. “There should be a level playing field.”

Meanwhile the administration’s campaign has expanded to multiple fronts. On Wednesday, the Department of Energy announced a review of its procedures for energy standards, which one expert described as a reprise of the first Trump administration’s attempts to create procedural hurdles to updating efficiency standards.

Then there was the executive order on showerheads that same day. It, too, seeks to revive a move by the first Trump administration: to circumvent the limits on waterflow by redefining “showerheads” to include multiple nozzles, each of which could emit as much water as the entire showerhead was previously allowed. The Biden-era Energy Department killed that regulation, and Trump is attempting to bring it back while proclaiming that “notice and comment is unnecessary because I am ordering the repeal.”

That order will have virtually no effect because manufacturers have little interest in making showerheads that exceed the current limits, according to Andrew deLaski, executive director of the Appliance Standards Awareness Project, a nonprofit coalition of groups that support the efficiency rules. “The president is asserting king-like authority,” he added, about Trump’s claim that he does not have to follow administrative procedures.

In the end, DOGE could have more of an impact than a would-be monarch, if it’s able to kill the Guidehouse contract. Then, deLaski said, “it would be next to impossible for DOE to enforce its efficiency standards.”

Doris Burke, Mark Olalde and Pratheek Rebala contributed research.

Trump Admin Defies Court Order To Provide Basic Info On Man It Wrongly Deported

GREENBELT, MARYLAND – The Trump administration defied a court order on Friday, telling a judge in writing and verbally that it could not provide information about a man that it admitted it wrongly deported to an El Salvador prison.

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Power, Obligation and the Universities

In the mid-80s, when I was a teenager, I had a brief conversation with a successful, well-off doctor. I wasn’t a patient. This person was sort of a family friend. In that conversation he said matter-of-factly but with the air of a let’s-be-real statement that he wouldn’t want to treat AIDS patients because he didn’t want to run the risk of getting AIDS himself.

Some context is important. This was still very early in the AIDS epidemic. The first blood test for HIV only became available in 1985. This was not a callous or uncaring man. And, at least at the margins, it wasn’t yet as clear as it would eventually be just how much risk physicians faced. But the comment stuck with me and I kept thinking about it. I still haven’t forgotten it 40 years later.

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