President Trump’s attempt to unilaterally withhold foreign aid. That’s $2 billion that had not only already been allocated by Congress, but the work for which had already been completed; the plaintiffs were literally asking the government to pay its bills.
It was an easy case, but a big test nonetheless; if the Supreme Court greenlit that hokum, what wouldn’t they allow? Justice Samuel Alito wrote a furious dissent, reframing the payment for work done as a sudden $2 billion tax levied on the unsuspecting public by a tyrannical district court judge.
Chief Justice John Roberts and Justice Amy Coney Barrett joined the liberals — prompting a particularly gruesome and predictable backlash to the latter from the MAGA online.
That shaky coalition, a sporadically institution-preserving Roberts and a sporadically independent Barrett plus the liberals, seems increasingly likely to be the only potential check on the Trump administration. But the Court’s biggest tests are still to come — and are heading its way quickly.
In the lower courts this week, unlawfully fired members of the National Labor Relations Board and the Merit Systems Protection Board were reinstated by federal judges. Both decisions have already been appealed to the circuit court. Judge Beryl Howell, the presiding judge in the NLRB case, acknowledged during oral arguments that she’s merely a “speed bump” en route to the Supreme Court.
Those cases will determine whether independent agencies will be allowed to keep existing at all, or whether the entire executive branch will come under Trump’s direct power. Those decisions could bring the unitary executive theory to life, a conception of an all-powerful presidency that the right has been pushing since the Reagan administration. Roberts, who has led the charge in weakening agency protections, will likely have to recreate the federal funding coalition for the agencies to have a chance at survival.
“Thank you again, I won’t forget it,” Trump told Roberts, captured on a hot mic at his address to Congress this week. But the Court isn’t willing to greenlight all of the most extreme expressions of his lawless agenda — at least not yet.
— Kate Riga
Here’s what else TPM has on tap this weekend:
Khaya Himmelman reports on House Democrats’ efforts to pin NYC Mayor Eric Adams down on specifics about the Trump Justice Department’s attempts to dismiss the criminal case against Adams and a reported agreement between Adams and the Trump administration.
Kate Riga outlines what we’re watching as the nation careens toward a government shutdown: both on the degree to which Democrats are willing to exercise what little power they have to rein in Musk and Trump, and in just how much of their power congressional Republicans allow the co-presidents to hoard for themselves.
Emine Yücel outlines President Trump’s swift reversal this week when it appeared, at least momentarily, that he was publicly putting new limits on Elon Musk.
Let’s dig in.
Eric Adams Refused To Answer Dems’ Questions About Reported Convos With Trump
Testifying before the House Oversight Committee on Wednesday alongside other sanctuary city mayors, New York City Mayor Eric Adams was grilled by fellow Democrats about his criminal indictment and an ongoing effort by the Justice Department to drop federal corruption charges against him.
Adams, expectedly, refused to engage with questions about his case or a reported agreement with the Trump administration while the case is ongoing. As it stands now, the Department of Justice’s effort to dismiss the case is still pending.
But throughout this week’s hearing, Democrats pressed Adams on whether he had entered into a quid pro quo with the Trump administration to have his case dismissed in exchange for his cooperation in carrying out the administration’s immigration agenda in New York City.
Rep. Robert Garcia (D-CA) was the first to bring up a possible quid pro quo on Wednesday, asking Adams outright if he was “selling out New Yorkers to save yourself from prosecution?” Adams responded by saying: “there is no deal, no quid pro quo, and I did nothing wrong.” Adams has said that before, including in court.
Adams repeatedly responded to Democrats’ questions about the case by saying that out “of deference” to U.S. District Judge Dale Ho, who is presiding over Adams’s corruption case, he would not answer questions about the matter.
“And anything dealing with this case out of deference to Judge Ho, who’s now addressing it, I’m going to refer to his actions,” Adams told Garcia.
Rep. Suhas Subramanyam (D-VA) similarly asked Adams if he had ever discussed his case with anyone in the Trump administration. Adams, again, refusing to address the question specifically, simply said he would not talk about the case, out of “deference to Judge Ho.”
Later in the hearing, Rep. Alexandria Ocasio-Cortez (D-NY) asked Adams if he knew if his attorneys had met with anyone in the Trump administration in a January 31 meeting to discuss dropping criminal charges against him. In response, Adams said, again: “this case is in front of Judge Ho and out of deference to the criminal justice process” that he would defer to him.
In response to the questions from Democrats, Trump administration border czar Tom Homan, in a post on X attempted to defend Adams, saying the mayor is “trying to protect New Yorkers from violent illegal aliens,” and calling some of the questioning from Democrats “simply disgusting.”
— Khaya Himmelman
If You Like TPM’s The Weekender, Join Us
One of the ways you survive 25 years as a digital media organization is through evolving and adapting to meet the needs of your audience. This is quite a different endeavor than making changes as a company to appease advertisers or social media algorithms. TPM never pivoted to video, we never ditched our front page, and we aren’t laying off reporters and replacing them with AI. Other outlets can take a chance on every perceived silver bullet that comes along, but we’ll keep focusing on doing good journalism and being a good place to work.
The Weekender is one such evolution to better serve our readers. We’re a small shop and longtime readers will know that for many years, the site sort of just shut down on Saturday and Sunday as our staff was off. But, we knew that readers wanted something TPM-y to read while having a Saturday morning coffee. We also had an inkling that readers might want something a little lighter, that puts a bow on the week that was. Thus, The Weekender was born.
We’re able to offer The Weekender as a free product — like the Morning Memo and Where Things Stand — because of support from our members. We’ve tried to construct a journalism ecosystem at TPM that benefits the most people because, while we obviously need revenue to produce journalism, it’s in everyone’s best interest for that journalism to reach as many people as possible each and every day of the week.
Five years ago when I spoke with Josh Marshall for our 20th Anniversary celebration package, he said, “I can really say the company is in better shape than it’s ever been.”. Well I can really say we’re in even better shape now — thanks to our members. That’s why we’re in the market for another reporter. So, we hope you’ll join TPM. Our commitment to you is as that as we grow, so will our value to you.
— Joe Ragazzo
Guide To The Shutdown
As we head into next week, Friday’s shutdown deadline fast approaches. Much Hill coverage will have a familiar, horse-racey tone: Will the shutdown happen? How will Reps. X, Y or Z vote? Rep. Z just came out of Speaker Mike Johnson’s (R-LA) office, and here’s what she said.
We at TPM are going to be very focused on different elements of the shutdown.
For one, it’s the first real chance Democrats will have to exert some leverage. Continuing resolutions are subject to the filibuster, so the government will shut down unless a handful of Senate Democrats join the Republicans. If Democrats help Republicans avert a shutdown — without iron-clad guarantees that Trump and Elon Musk will stop illegally dismantling the federal government, with enforcement mechanisms and short deadlines to ensure these famous liars keep their words — the many “we’re cooked” lamentations will take on real weight.
Second, there are reasons that Trump and Republicans are pushing so hard for a one-year continuing resolution — a stopgap that would prolong the levels established under the Biden administration. For one, they likely don’t want the fight of doing usual appropriations, which is arduous and hard and demands compromise. But for another, the White House is requesting “anomalies” or additions to a truly clean CR. Rather than going through Congress (the Pentagon gets $x — $x of that to this project, $x of that to this department, etc.), an unallocated pot of money just goes to the Pentagon — a slush fund for Musk and Pete Hegseth.
Democrats are pushing for a much shorter continuing resolution to avert the shutdown, then getting back to work on the regular order of appropriations.
Next week will be revelatory, both on the degree to which Democrats are willing to exercise what little power they have to rein in Musk and Trump, and in just how much of their power congressional Republicans allow the co-presidents to hoard for themselves.
— Kate Riga
Inside TPM: Nicole Lafond
If you want to understand the inner workings of TPM, there’s really no better person to seek out than Nicole.
In addition to overseeing and authoring Where Things Stand and The Weekender, Nicole is TPM’s deputy editor who works with all of our reporters. Nicole first came to TPM as an editorial intern back in 2014 and then returned in 2017. So, suffice to say, she has seen a lot. Did you know she once worked at the Daily Caller and I thought she might be some kind of plant infiltrating TPM? We discuss that (she wasn’t, obviously.) How has TPM evolved to cover Trump II? We talk about that. What’s the philosophy behind The Weekender and Where Things Stand? She explains. Do you watch Rings of Power? We do, and we talk about it. So check it out, it’s a good one!
— Joe Ragazzo
Words Of Wisdom
“We’re gonna be watching them. And Elon and the group are gonna be watching them. And if they can cut, it’s better. And if they don’t cut, then Elon will do the cutting.”
That’s President Donald Trump saying billionaire Elon Musk actually will make spending cuts to federal agencies if the heads of those agencies or Cabinet officials fail to do so themselves.
Just hours before this statement, Trump held a meeting with his Cabinet secretaries, telling them staffing decisions will be left up to them — not Musk and DOGE. He walked that back with the above remarks almost immediately.
And this wasn’t even the first time this week a similar contradiction surfaced.
During his joint address to Congress on Tuesday, Trump introduced Musk as the leader of DOGE, crumbling weeks of White House efforts to convince the media, the public and the courts of the opposite. That mishap, of course, was the best part of that 100-minute long speech for plaintiffs and lawyers challenging the constitutionality of DOGE’s rampage through the executive branch.
The Trump White House has taken its attempt to seize direct control over the entire executive branch to a new level and laid out a startling legal rationale for the move in a previously unreported email obtained by TPM. If successful, Trump would be making a dramatic end run around the Senate’s advice and consent power for certain appointed positions.
A new episode of The Josh Marshall Podcast is live! This week, Kate and Josh discuss Trump’s bizarre economic actions, the response to his joint address to Congress and how slashing the federal government is playing in the courts.
One of Elon Musk’s Starship rockets exploded over the Gulf of Mexico early yesterday evening, creating a spectacular fireworks-like display and disrupting commercial air traffic from Florida up through the eastern seaboard. Flight radar maps showed numerous commercial airliners in the eastern Caribbean scrambling to leave the debris zone. Starship is SpaceX’s new mega-rocket intended for missions to the moon and possibly Mars. I want to flag a couple details.
Musk had a running feud with former FAA Administrator Michael Whitaker and is generally believed to have helped force Whitaker into retirement when Donald Trump was sworn in in January, though the precise details are murky. Musk had claimed repeatedly that he was over-regulated by the FAA, especially after the agency fined SpaceX $633,000 for launching rockets with unapproved changes. He repeatedly called for Whitaker’s resignation and accused the FAA of “harassing SpaceX about nonsense that doesn’t affect safety while giving a free pass to Boeing even after NASA concluded that their spacecraft was not safe enough to bring back the astronauts.” The FAA also had to fine Starlink for skirting safety regulations.
In a dramatic escalation of his lawlessness, President Trump issued a new executive order targeting the Seattle-based international law firm Perkins Coie in an act of retribution for what he labeled its “dishonest and dangerous activity.”
It’s the firm’s past work in DC and in Democratic Party politics that has put it on Trump’s radar for years. Democratic superlawyer Marc Elias used to work at Perkins Coie. Trump blames the law firm for the Steele dossier. Former Perkins Coie partner Michael Sussmann was criminally charged in Trump’ first term then acquitted by a DC jury.
Among other acts of targeted retribution, the executive order:
blackballs the firm’s employees from government jobs and strips them of their security clearances;
targets law firms like Perkins Coie (if not explicitly Perkins Coie itself) for an EEOC investigation for racial discrimination (which we should understand to mean discriminating against whites);
terminates where possible Perkins Coie’s contracts with the federal government and denies its employees access to federal buildings and facilities.
The executive order is breathtaking abuse of power by a sitting president. It has no precedent in American history other than his executive order last month targeting another major firm, Covington & Burling, for daring to represent former Special Counsel Jack Smith.
For years, we’ve warned of what’s to come in a Trump II presidency. It’s here. This is it. We are in the thick of it now.
Georgetown Law Dean Sets Ed Martin Straight
Don’t mess with the Jesuits.
Georgetown Law School Dean William Treanor sent a steely letter back to acting D.C. U.S. Attorney Ed Martin, who bumbled his way into a First Amendment minefield by threatening to blackball the university’s students if it didn’t drop all DEI efforts:
With his permission, I'm sharing Dean Treanor's response to Ed Martin's letter:
Senate Dems File Ethics Complaints Against Trump DOJers
Democrats on the Senate Judiciary Committee have filed separate ethics complaints with the attorney disciplinary bodies in New York and Washington, D.C., against two key Trump DOJ figures:
The obscure US African Development Foundation has mustered a so-far-unusual level of defiance to efforts by the Trump administration to dismantle it. On Wednesday, USADF refused to allow DOGE emissaries access to its DC office. On Thursday, the DOGE team returned with U.S. marshals in tow and were able to gain access.
The president of USADF immediately filed a highly readable federal lawsuit detailing the dramatic events , and a judge in DC quickly issued a short stay of any further efforts by the Trump administration to take over or dismantle USADF.
It was a rapid-fire series of events that stretched well beyond the boundaries of the Constitution’s Appointments Clause, raised questions about the proper role of the U.S. marshals in the takeover effort, and yielded this memorable scene in downtown DC:
The staffers inside the office exited the building via a stairwell — bypassing the elevators because of an ongoing power outage — leaving behind their personal belongings to avoid confrontation with DOGE employees and U.S. Marshals, USADF officials said.
As agency personnel waited outside and huddled together at a nearby business, some received calls from Nate Cavanaugh, the 28-year-old tech entrepreneur working with the U.S. DOGE Service, who was on-site and had claimed for a second day to be a USADF employee and requested employees to return and grant him access to the computer systems. But no USADF officials returned to the office, a senior USADF official said.
Quote Of The Day
“When you see important societal actors — be it university presidents, media outlets, C.E.O.s, mayors, governors — changing their behavior in order to avoid the wrath of the government, that’s a sign that we’ve crossed the line into some form of authoritarianism.”–Steven Levitsky, a professor of government at Harvard who co-authored 2018’s “How Democracies Die.”
What The Courts Did Yesterday
NLRB: U.S. District Judge Beryl A. Howell ordered Gwynne Wilcox reinstated to her position on the National Labor Relations Board after finding Trump’s firing of her was unlawful in a blistering ruling that’s worth a read.
USAID: In the big USAID case, U.S. District Judge Amir H. Ali set out a timeline for the Trump administration to begin paying out tens of million of dollars owed contractors after weeks of delay despite his earlier orders.
OMB: U.S. District Judge John J. McConnell Jr. extended his order blocking the OMB’s indiscriminate spending freeze, writing: “Here, the executive put itself above Congress. It imposed a categorical mandate on the spending of congressionally appropriated and obligated funds without regard to Congress’s authority to control spending.”
If Trump Defies the Courts, Then What?
Erwin Chemerinsky, dean of the UC-Berkeley School of Law, does not offer any reassuring answers.
Fired U.S. Special Counsel Abandons Effort To Get Job Back
Hampton Dellinger, the fired U.S. special counsel who was temporarily reinstated to his job by a federal judge, has dropped his lawsuit against the Trump administration after the D.C. Circuit Court of Appeals ruled that he could not remain in his post while the case was on appeal.
This is a win for the Trump administration, but it may have been a strategic decision by Dellinger to allow more promising cases protecting agency independence to get to the Supreme Court first rather than his own less favorable one.
Did Elon Musk Go Too Far Even For Trump?
It’s possible, but yesterday’s declaration by President Trump that cabinet secretaries – not Elon Musk – have hiring and firing authority seemed primarily intended to cure problems with the Trump administration’s legal defenses to the DOGE lawsuits. The problem is that Trump immediately undid whatever clean up his initial comments had achieved:
Trump on his cabinet members: "We're gonna be watching them. And Elon and the group are gonna be watching them. And if they can cut, it's better. And if they don't cut, then Elon will do the cutting."
WaPo: DOGE is driving Social Security cuts and will make mistakes, acting head says privately
WaPo: DOGE targets child support database full of income data
WaPo: DOGE wants them ‘gone’ but makes it hard for federal workers to move on
WaPo: DOGE uses bogus claims of fraud to justify purges.
The Purges
Your occasional reminder that the purges are a precursor to installing loyalists and demanding fealty from government workers. Among the current loyalty tests being administered to potential political hires, according to Bloomberg:
Would you be willing to serve as a spokesperson for mass deportations? Which of Trump’s executive orders is your favorite? Who won the 2020 presidential election? And which Trump policy do you disagree with?
In other purge news:
FEMA: The brand new acting chief counsel of FEMA has been placed on leave for reasons that aren’t entirely clear.
IRI: Republicans quiet as DOGE slashes GOP-backed International Republican Institute, a pro-democracy group
IC: The intelligence community braces for a Trump purge.
Reverse purge: Some federal agencies have quickly reversed course and begun reinstating workers.
The Destruction
Wired: A Sensitive Complex Housing a CIA Facility Was on GSA’s List of US Properties for Sale
NYT: The State Departments plans to close at least a dozen consulates and fire local employees.
NYT: “The Ebola outbreak in Uganda has worsened significantly, and the country’s ability to contain the spread has been severely weakened by the Trump administration’s freeze on foreign assistance, American officials said this week.”
The Retribution
A perfunctory four-day pretextual Trump Education Department investigation targeting Maine for its policy on trans athletes has quickly concluded the state is in violation of Title IX, without having contacted the governor’s office or the state Department of Education.
Ugh …
President Trump has a new anti-NATO refrain that strikes at the mutual defense agreement that lays at the heart of the military alliance: “If they don’t pay, I’m not going to defend them.”
Is Trump Aggression Against Canada For Real?
Prime Minister Justin Trudeau seems to think so, speaking of the Trump tariffs earlier this week: “What he wants is to see a total collapse of the Canadian economy, because that’ll make it easier to annex us.”
The 2020 Election Never Ends
A federal judge in Minnesota held My Pillow CEO Mike Lindell in contempt of court for failing to turn over discovery materials in Smartmatic’s defamation lawsuit against him.
Trumpism Is As Stupid As It Is Scary
Keyword searches for suspected DEI terms have swept up the Enola Gay – get it? “gay” – in a Pentagon purge of online photos and posts.
If you want to understand the inner workings of TPM, there’s really no better person to seek out than Nicole. In addition to overseeing and authoring Where Things Stand and The Weekender, Nicole works as an editor with all of our reporters. Nicole first came to TPM as an editorial intern back in 2014 and then returned in 2017. So, suffice to say, she has seen a lot. Did you know she once worked at the Daily Caller and I thought she might be some kind of plant infiltrating TPM? We discuss that (she wasn’t, obviously.) How has TPM evolved to cover Trump II? We talk about that. What’s the philosophy behind The Weekender and Where Things Stand? She explains. Do you watch Rings of Power? We do, and we talk about it. So check it out, it’s a good one!
Just found out that a new memorandum from the Office of the Secretary of Defense (OSD), dated March 5th, 2025, directs all acquisitions executives through the military to stop including language which requires contractors to agree that they will not use segregated facilities as a condition of being a DOD contractor.
You see in the feature well we have Josh Kovensky’s piece on the U.S. African Development Foundation’s efforts to resist takeover by DOGE and a purported new presidential appointee Pete Marocco. After we published this afternoon, Marocco and DOGE showed up with U.S. Marshals and forced their way into the Foundation’s offices, changed the locks and took over. The issue here is the U.S. Marshals. The U.S. Marshals are part of the Justice Department. But their primary function is to protect the federal judiciary and execute its orders. They also have statutory authority to enforce certain laws. They are not a police force working for the White House and they certainly aren’t a police force for DOGE. As far as I know there’s no court order here. So under what authority did any of this happen? Under what authority were the Marshals there and under what authority did they employ force to facilitate this takeover?