Trump And Johnson Push Funding Bill Through House Amid Dem Outcry Over DOGE, Gov’t Purges

The House passed Speaker Mike Johnson’s (R-LA) continuing resolution 217-213 Tuesday afternoon, bringing Congress one step closer to avoiding a shutdown just days before the government is set to run out of funding. 

Continue reading “Trump And Johnson Push Funding Bill Through House Amid Dem Outcry Over DOGE, Gov’t Purges”

Judge Questions Where Trump Is Getting Authority For Firing At Africa Agency—But Is Inclined To Let It Stand

A federal judge expressed unease about President Trump’s attempted takeover of yet another agency, yet indicated that he was inclined to let the firings stand, at least temporarily.

Continue reading “Judge Questions Where Trump Is Getting Authority For Firing At Africa Agency—But Is Inclined To Let It Stand”

Is NIH Brass Targeting South Africa?

A very odd query went out today through NIH: a “short turnaround call” from the office of the director looking for “every NIH investment in South Africa.” The query aims to collect a list of all “intramural projects, contracts or other projects” by tomorrow (Wednesday, March 11th, 2025).

The document went out today.

Continue reading “Is NIH Brass Targeting South Africa?”

Elon Musk and the the Threat of the Over-Mighty Subject, Part I

In the era that I studied when I was still part of the academic world, one recurrent topic was that of “over-mighty subjects.” This was more a reality of the 15th and 16th centuries, just before my period, the eras of the Yorkists and Lancastrians and the Tudors. But the fear hung over the British Isles and thus over their American colonies well into the 17th and 18th centuries. The term referred to subjects of the Crown who were themselves so powerful that they threatened the sovereign power of the Crown itself. They might command more wealth, hold castles and walled cities. They might command retinues that verged on private armies notwithstanding their notional obedience to the King. (The problem resurfaced in the late 18th century in the different, commercialized form of the British East Indian Company, which used its geyser of cash to quite effectively corrupt the House of Commons.) In the U.S. we have no sovereign; or, more specifically, we have no sovereign head of state. But there is a sovereign, the American people. This architectonic fact of the American order is written into every document that undergirds the Republic, from the founding charters to the simplest phrasings that permeate judicial proceedings where prosecutors appear in court representing “the people.”

Continue reading “Elon Musk and the the Threat of the Over-Mighty Subject, Part I”

Trump DOJ Befools Itself Over Restoring Mel Gibson’s Gun Rights

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

Another Lethal Weapon Sequel

We knew that the U.S. pardon attorney was fired by the Trump Justice Department on Friday in a new purge of senior attorneys. Now we know why.

In a interview with the NYT, Elizabeth G. Oyer says she was terminated hours after she refused to go along with a rushed, last-minute attempt to put actor Mel Gibson on a list of people who would have their gun rights restored.

Gibson cannot legally carry a firearm after a 2011 domestic violence misdemeanor conviction.

Oyer describes a careful deliberative process to come up with a list of people whose gun rights could be safely restored then her growing dismay as that process was circumvented to try to add Gibson, who had not been vetted.

Oyer said she came under increasing pressure to sign off on Gibson, culminating in a call from a senior official in the office of Deputy Attorney General Todd Blanche: “He then essentially explained to me that Mel Gibson has a personal relationship with President Trump and that should be sufficient basis for me to make a recommendation and that I would be wise to make the recommendation,” she said.

Oyer still declined to endorse adding Gibson to the list.

The entire episode took place over two days: The list was submitted Thursday and later that day the pressure began on Oyer to add Gibson to it. She resisted. Blanche fired her Friday. DOJ told the NYT that the Gibson incident played no role in Oyer’s firing.

The rule of law has eroded to the barest standard: “a personal relationship with President Trump.”

What’s Ed Martin Up To Now?

A quick update that I had missed from the weekend: Politico reports that acting D.C. U.S. Attorney Ed Martin has apparently gotten some traction in his corrupt effort to use criminal process to claw back some $20 billion in Biden EPA funds.

You’ll recall that a senior prosecutor in Martin’s office resigned rather than go along with his gambit, and a federal magistrate rejected Martin’s search warrant application.

Martin has now sent letters to two groups that were receiving the EPA funds before they were frozen by Citibank and directed them to provide documents to the FBI. “The groups also received a summons to provide testimony in federal court later this month, the two people said,” according to Politico.

That suggests, though the way it is written remains a bit opaque, that Martin has empaneled a grand jury to pursue the matter.

Perkins Coie Fights Back

NYT: “Perkins Coie, the law firm that President Trump targeted for punishment with an executive order last week for its role representing Hillary Clinton’s 2016 campaign, has hired an elite Washington firm, Williams & Connolly, to fight the order, according to four people briefed on the matter.”

Federal Judge Halts Deportation Of Mahmoud Khalil

The Trump administration’s detention of Palestinian activist Mahmoud Khalil not because he broke any laws – at least not that’s been yet alleged – but because they disagree with his politics marks a seismic shift in American political life.

In a rapid series of events over the weekend and into Monday:

  • Khalil was detained in NYC and the quickly transferred to a detention center in a remote area of Louisiana.
  • Khalil’s lawyers alleged that they filed for a writ of habeas corpus in federal court in Manhattan before Khalil was transferred to Louisiana, meaning jurisdiction should remain in New York. They are clearly trying to avoid having the case heard in Louisiana, which is in the Fifth Circuit, the most conservative circuit in the country.
  • U.S. District Jesse Furman of Manhattan ordered that Khalil not be deported and set a hearing in the case for Wednesday.

The Trump administration confirmed that Khalil was in custody but did not provide a coherent legal basis for his detention. On social media, President Trump celebrated Khalil’s detention and smeared him as “pro-Hamas” and “terrorist sympathizer.” “This is the first arrest of many to come,” the President promised.

For more context and analysis:

  • Steve Vladeck: “To spoil the punchline, although what the government has done to this point is profoundly disturbing, and is, in my view, unconstitutional retaliation for First Amendment-protected speech, I’m not sure it is as clearly unlawful as a lot of folks online have suggested. And that’s a pretty big problem all by itself.”
  • Michelle Goldberg: “If someone legally in the United States can be grabbed from his home for engaging in constitutionally protected political activity, we are in a drastically different country from the one we inhabited before Trump’s inauguration.”
  • John Ganz: “Here’s the most important thing about this whole affair: The state cannot make it up as it goes along. It can’t seize people in the night and invent flimsy pretexts later. And if it does, then we no longer live under the rule of law, we live under a police state. And don’t kid yourself: They will not stop at non-citizens.”

Trump’s Attack On The University

We often talk about the authoritarian playbook to weaken and co-opt other power centers in a civil society – the press, the university, professional experts, religious entities. The combination of the bogus attacks on universities as nothing but wellsprings of antisemitism plus the anti-DEI crusade on campus plus the attacks on science and research funding add up to a multi-front assault on higher ed:

  • The Trump administration warned 60 universities that they could face penalties from pending “investigations” into “antisemitism” on campus.
  • State Department funding freeze strands Fulbright and study-abroad scholars.
  • Harvard and Penn joined a number of other universities, including Notre Dame, Vermont, Emory, and Pitt, in instituting hiring freezes amidst the funding uncertainty created by the Trump administration.

Judge Rules USAID Spending Freeze Was ‘Unlawful’

In a blistering opinion that generously cited Supreme Court Justices John Roberts and Brett Kavanaugh, U.S. District Judge Amir H. Ali ruled that the Trump administration had likely violated the separation of powers by unilaterally cutting off USAID spending:

Congress, exercising its exclusive Article I power of the purse, appropriates funds to be spent toward specific foreign policy aims. The President, exercising a more general Article II power, decides how to spend those funds in faithful execution of the law. And so foreign aid has proceeded over the years

This case involves a departure from that firmly established constitutional partnership. Here, the Executive has unilaterally deemed that funds Congress appropriated for foreign aid will not be spent. The Executive not only claims his constitutional authority to determine how to spend appropriated funds, but usurps Congress’s exclusive authority to dictate whether the funds should be spent in the first place. In advancing this position, Defendants offer an unbridled view of Executive power that the Supreme Court has consistently rejected …

The Supreme Court last week declined to intervene in the case, but it is likely to wind up back at the high court in relatively short order. Anticipating that, Ali larded his opinion with citations to opinions by sitting justices that support his ruling.

Elon Musk Watch

  • Musk went on national TV with false and baseless claims about widespread fraud in Social Security and Medicare while calling the programs key targets for spending cuts.
  • Musk assigned three private equity veterans – Antonio Gracias, Scott Coulter, and Michael Russo – to the DOGE team rampaging through the Social Security Administration.
  • U.S. District Judge Christopher Cooper of Washington, D.C., ruled that Elon Musk’s DOGE is likely subject to FOIA and must preserve and produce documents to a watchdog group.

Federal Judge Orders Testimony Of OPM Acting Director

U.S. District Judge William Alsup of San Francisco has overruled the government’s objection and ordered the testimony of acting OPM Director Charles Ezell in a case brought by labor unions challenging OPM’s mass layoffs of probationary workers. Ezell was a low-level OPM bureaucrat before being plucked from obscurity for the acting director role.

RFK Jr. Lets His Freak Flag Fly In Midst Of Measles Outbreak

  • NYT: Kennedy Links Measles Outbreak to Poor Diet and Health, Citing Fringe Theories
  • NPR: RFK Jr. says most vaccine advisers have conflicts of interest. A report shows they don’t
  • WaPo: NIH will cancel or cut back dozens of grants for research on why some people are reluctant to be vaccinated and how to increase acceptance of vaccines, according to an internal email obtained by the WaPo.

SCOTUS Takes Conversion Therapy Case

In an ominous sign, the Supreme Court is taking up a case challenging a Colorado law banning conversion therapy after it previously sidestepped a series of similar cases.

Ruth Marcus Resigns From Bezos’ WaPo

Longtime WaPo columnist Ruth Marcus resigned after CEO Will Lewis spiked a column she wrote critical of owner Jeff Bezos’ new direction for the newspaper’s opinion section. Marcus had been with the WaPo for more than 40 years.

RIP Kevin Drum

Kevin Drum, one of the OG political bloggers, has died at the age of 66 after a long illness. TPM’s Josh Marshall offers his remembrance of Kevin.

Do you like Morning Memo? Let us know!

Remembering Kevin Drum

Kevin Drum died on Friday. Many of you knew Kevin’s blog. For those who didn’t, he was one of the first well-known politics bloggers, dating back to early in the first George W. Bush administration, and he never stopped. His last post was three days before he died. He began as “Calpundit” and then took his blog in-house at a series of publications before again going independent. His passing was not a great surprise. Kevin was first diagnosed with cancer a number of years ago and recently shared with readers that as part of that ongoing battle his health had grown acutely precarious.

I never knew Kevin terribly well. As I thought about it today, I’m not sure we ever met in person. But we would exchange notes, tips, even career advice on a couple of occasions. He was one of the few people to whom I could say, figuratively if not literally, I understand what you do. Because I do it too. And it’s a very weird, idiosyncratic and personal enterprise.

Continue reading “Remembering Kevin Drum”

The Supreme Court Got Its Fourth Justice To Hear Challenge To Conversion Therapy Ban

The Supreme Court on Monday announced that it would hear an attempt to overturn Colorado’s ban of conversion therapy for minors. 

Continue reading “The Supreme Court Got Its Fourth Justice To Hear Challenge To Conversion Therapy Ban”

5 Points On The Funding Bill Johnson And Trump Want To Squeeze Through The House

The week in which Republicans must find a way to fund the government has arrived. Without new legislation, a shutdown will begin on Saturday. 

House Republicans released their continuing resolution, aka CR, on Saturday, laying out legislation that they hope to use to fund the government until September 30 — the end of fiscal year 2025. The funding proposal comes as the constitution’s separation of powers is under strain, with billionaire Elon Musk and his nominally executive branch DOGE entity continue to plow through government, slashing line items and even entire offices and agencies with little regard for past funding legislation passed by Congress.

Continue reading “5 Points On The Funding Bill Johnson And Trump Want To Squeeze Through The House”

Will Dems Pick Up Their Sword?

(Ed. Note: I go into a lot of detail below. The bottom line is Democrats have about 48 hours to convince D senators to clip Elon’s wings. It’s still totally doable. But it has to happen in the next 48 hours.)

We’re now down to the wire with the so-called “continuing resolution” fight. And just to take this out of Congress-speak, this is a temporary spending bill that will keep the government running, such as it is, until Republicans can pass their full budget in the early fall — that’s the one that will slash health care coverage and other safety net spending to give the Elon crowd a massive tax cut. After almost two months of a criminal wilding spree on the republic, interspersed with lots of “cry more!”s and “sucks to be you”s, Republicans now come to Democrats and say: hey, now we need your help to keep going. The bill is essentially a license for Elon to keep the party going right through the fall.

The bill is being billed as a “clean CR” — in other words, just a continuation of the Biden budget. That’s not true. It’s the Biden-era stuff plus new money for a bunch of Trump priorities. What it doesn’t do is lock in the Musk-illegal cuts. What that also means is that it appropriates a bunch of money for stuff Elon has already shut down. So where’s that money go exactly?

Continue reading “Will Dems Pick Up Their Sword?”