Attorney Alan Dershowitz said Monday that many of the injunctions blocking actions by President Donald Trump, ranging from his executive orders to his efforts to address wasteful and fraudulent spending, will be thrown out on appeal.
The Trump administration is appealing injunctions imposed by federal judges that targeted the Department of Government Efficiency (DOGE) and Trump’s Jan. 20 executive order ending birthright citizenship, among others. Dershowitz said during “The Dershow” that the cases will eventually be resolved by the U.S. Supreme Court. (RELATED: ‘Sorry, Mr. President’: Alan Dershowitz Says One Of Trump’s Executive Actions May Be Halted In Court)
“Nobody ever said that our system of checks and balances would make it easy to govern or would make it efficient to govern. No, no, the design of our system of checks and balances was to create enough power to govern effectively while, at the same time, denying any one part of our government enough power to create a tyranny. So we have to counter our system of checks and balances, and it’s working, even today, as we speak,” Dershowitz said. “The president issues executive order after executive order after executive order, and what do the states do? They get their attorneys general to bring a lawsuit.”
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“They search all over the country for the best judges. They hand-pick the judges. They file the lawsuits, and you get judges saying, ‘Uh-uh, no, Mr. President, you can’t do that,’ and so you get a single judge for about an hour being able to stop the president from doing something. I say an hour metaphorically. It could be days, but ultimately those issues are brought up to the court of appeals and eventually to the Supreme Court. It will be resolved, and the president will obey, wouldn’t do what Andrew Jackson did, saying, ‘The chief justice made the ruling, now let him enforce it,’” Dershowitz said.
United States District Judge John J. McConnell Jr. of the District of Rhode Island threatened Trump with criminal contempt charges over the spending freeze Trump ordered.
“President Trump has never defied a court order, and he has indicated that he would comply with court orders, but he needs to know that he has the right to appeal these court orders. Many of them will be found to be improper. The courts don’t have the power to stop this or stop that,” Dershowitz said.
Dershowitz also took aim at Democrats who joined protests outside the headquarters of the United States Agency for International Development and the Treasury Department Tuesday after Tesla CEO Elon Musk announced plans to close down the former agency in his capacity as chairman of DOGE. (RELATED: CNN’s Elie Honig Says Trump ‘Strategy’ On Border, DOGE Is ‘Not Unconstitutional’)
“People keep forgetting, the bureaucracy, the bureaucracy, the alphabet agencies. They are not an independent branch. They are part of the executive, and the executive is the president. Now, it’s complicated, because Congress created many of these agencies,” Dershowitz said. “For example, you know some of them, Federal Communications Commission, federal security, federal drug, those are created by Congress, but they’re part of the executive department. Some of the people are confirmed by Congress, and so your argument is you can’t fire them, only Congress can unconfirm them, but that’s never been the rule. For example, the head of the FBI is confirmed, and all cabinet members are confirmed by the Senate, yet the president can fire any of those heads of agencies at his whim. He doesn’t even have to have a reason to do it.”
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