April 1, 2025
Since Donald Trump entered the political arena the number of times he has been involved in legal actions has grown enormously. And as he continues to be involved in politics, that list continues to expand.
Each of the times he has been charged with a crime or sued excites his political enemies, and provides them with ammunition to fight him with. And his supporters and some others say that is mostly why these allegations are made and charges are brought in the first place.
The term “lawfare” has become a common term. It means to use legal elements as warfare, or using the law as a weapon of political war.
A shining example provided by Trump supporters of how lawfare is used occurred in New York not too long ago. In May of 2024, he was charged by a Democrat DA who campaigned on “getting Trump,” and he was tried in a court in a heavily Democrat county, presided over by a judge with heavy Democrat ties, and found guilty by a jury of all or mostly Democrats.
Democrats disagree with that description, of course. But the heavy influence of Democrats in that part of that heavily blue state are inarguable.
And as time has passed more questionable actions have only added to the concerns that our legal system is sometimes driven more by politics than it is by the law and the Constitution.
U.S. District Judge James Boasberg ordered the Trump administration to immediately halt efforts to remove criminal illegal aliens until he has more time to consider whether Trump’s use of the Alien Enemies Act was illegal. And, there are other instances where a district judge has also intervened in a presidential action.
There are 94 federal judicial districts and each one has at least one district judge, who is appointed for a life term. In total there are more than 670 federal district judges in the U.S. And as some of these judges see it, each of them, having judicial authority over a very small area of the country, somehow has the power to overrule the President of the United States.
Other actions by trial judges have brought about resistance. New York Republican House of Representatives member Elise Stefanik produced two ethics complaints, alleging judicial abuse by two judges in cases against Trump.
One of them was Judge Arthur Engoron of the Manhattan Supreme Court. Stefanik’s complaint noted that Engoron had called Trump “a bad guy,” and had supported Attorney General Letitia James for going after him. When challenged on this, he refused to recuse himself.
During the trial, Engoron told Trump’s attorney, who was trying to file a routine motion, that he wasn’t interested in what he had to say, and “to just sit down.” He then issued a gag order against Trump.
The second complaint was filed against New York state Supreme Court Judge Juan Merchan, who presided over the trial in which Trump was convicted of 34 counts of falsifying business records. Stefanik provided evidence that Merchan’s daughter was working for the Kamala Harris presidential campaign, calling into question his ability to preside impartially.
The New York Judicial State Commission on Judicial Conduct did not even consider those complaints.
A theory on what has led to many judges making rulings and taking other actions beyond their actual authority is the existing assumption that judges hold absolute immunity for their actions. There are cases where obvious errors and deliberate improper actions by judges have been ignored. Judicial immunity has been awarded to judges by other judges.
One example: An Indiana judge ordered a 15-year-old girl to be surgically sterilized for no better reason than that her parents asked for it. There was no hearing of evidence or a trial that determined this action, and the girl was told she was going to have an appendectomy, not sterilization. She didn’t realize what had actually happened until she was married years later, and discovered she could not have the children she wanted.
The victim later sued the judge, but his peers defended him from being held accountable for his horrific action. You see, he was protected by absolute immunity. The court wrote that, “A judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority.”
The idea of judicial immunity was inherited from English common law, and has survived several legal challenges. However, this situation has caused some organizations to seek a change to this assumption of blanket immunity from all actions.
One of them, the Institute for Justice (IJ) — a nonprofit, public interest law firm — has launched the “Project on Immunity and Accountability.” The basis for this, IJ states, is this simple idea: “If we the people must follow the law, our government must follow the Constitution.”
We do not want a situation where judges and their decisions will be challenged every time one side or the other in a legal matter is displeased with the outcome.
But what we must have are conditions in existence that will insure that judicial decisions are based upon the law and the Constitution, as written, not on personal or political opinions.