In today’s edition, Jonathan Allen dives into what is likely to be a major feature of the Trump presidency: legal battles over his executive orders. Plus, our Capitol Hill team provides the latest on the state of play in the Cabinet confirmation battles, with Pete Hegseth clearing a key hurdle in the Senate. — Adam Wollner Was this email forwarded to you? Sign up here to receive it weekdays. |
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| Trump's bid to expand presidential power hits its first snag |
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It took all of three days for a judge to say one of President Donald Trump’s executive orders is “blatantly unconstitutional.” The order in question seeks to deny citizenship to children born in the United States whose parents are not citizens or lawful residents. The 14th Amendment to the Constitution reads in part: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Senior U.S. District Judge John C. Coughenour, an appointee of President Ronald Reagan, left little doubt about his thoughts on a president’s unilaterally redefining the Constitution in issuing a temporary restraining order blocking the policy from taking effect. "I’ve been on the bench for over four decades," Coughenour said. "I can’t remember another case where the question presented is as clear as this one. This is a blatantly unconstitutional order." The case seems likely to end up with the Supreme Court, which is nothing new or unexpected for Trump. During his first term, he had to try three times before the high court upheld a travel ban designed to keep people from five predominantly Muslim countries, Venezuela and North Korea out of the United States. Even Trump has appointed a third of the Supreme Court, the current justices have shown some willingness to limit his powers. If he is allowed to reinterpret the 14th Amendment, it logically follows that he could reinterpret any line of the Constitution he sees as an obstacle to his agenda. And, whether one is a fan of Trump or a critic, that is the point. It could end up as a test of just how far the Supreme Court is willing to cede the powers of Congress to amend the Constitution and write the country’s laws and the powers of the courts to interpret them to the executive branch. In his argument that the order is blatantly unconstitutional, Coughenour implies that the text Trump seeks to redefine is about as clear as any in the Constitution. But Trump doesn’t have to win every fight — just some of them — to claim expansive new powers. Russell Vought, his nominee to run the White House budget office, told senators during his confirmation hearing last week that he believes the Impoundment Control Act is unconstitutional. If Vought is right, Trump could refuse to spend money Congress has appropriated for various federal programs. That issue seems destined to land before the Supreme Court, too. It remains to be seen whether he can rewrite the 14th Amendment, but it’s clear that there is a lot at stake in terms of presidential powers. |
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What to know from Day 4 of the Trump presidency |
Despite the legal setback over one of his executive orders, Trump forged ahead with signing several more Thursday after delivering his first major economic remarks of his term. Here are the top lines: |
- Trump signed an executive order to declassify records relating to the assassinations of John F. Kennedy, Robert F. Kennedy and Martin Luther King Jr.
- He signed another executive order pardoning 23 anti-abortion-rights activists.
- He announced his administration will move to evaluate the creation of a "national digital asset stockpile" — making good on a promise to support the use of cryptocurrencies like bitcoin.
- One day after he spoke to Saudi Crown Prince Mohammed bin Salman, Trump pushed the kingdom to increase its U.S. investment, saying in virtual remarks at the World Economic Forum he would ask the Saudis to “round out” their promised $600 billion “to around $1 trillion.”
- The administration has withdrawn security details the federal government provided for former Secretary of State Mike Pompeo and State Department adviser Brian Hook, who both served in Trump's first term.
- Trump said he is open to having pardoned Jan. 6 defendants at the White House.
- Federal employees have received emails warning that they could face repercussions if they do not report on co-workers who work in diversity, equity, inclusion and accessibility positions that might have gone unnoticed by government supervisors.
- Trump revoked an executive order aimed at banning discrimination by federal contractors and subcontractors.
- And he said he would pick Media Research Center founder L. Brent Bozell III — who wrote a letter on behalf of his son, a convicted Jan. 6 rioter — to run the U.S. Agency for Global Media.
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Pete Hegseth clears a key Senate hurdle, despite some GOP opposition |
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Donald Trump also scored a big victory on Capitol Hill on Thursday, with his pick to lead the Defense Department, Pete Hegseth, clearing a key hurdle in the Senate, Scott Wong, Julie Tsirkin, Frank Thorp V and Kate Santaliz report. Senators voted narrowly, 51-49, to advance Hegseth’s nomination for defense secretary, which has been mired in controversies and appeared to be on the verge of collapse last month. He lost the support of two Republicans, moderate Sens. Lisa Murkowski of Alaska and Susan Collins of Maine, and no Democrats crossed party lines Thursday. But Hegseth, the former Fox News anchor and Army combat veteran, was able to win over other Republicans who were seen as key throughout the process, including Sens. Joni Ernst of Iowa and Thom Tillis of North Carolina, both of whom face re-election in 2026, as well as the former GOP Senate leader Mitch McConnell of Kentucky. Hegseth is now on track to be confirmed by the Senate by Friday night. The Senate also confirmed a less controversial nominee Thursday: John Ratcliffe to be CIA director, as Sahil Kapur and Frank Thorp V report. He’s the second pick, along with Secretary of State Marco Rubio, to receive full Senate approval. The vote was bipartisan, 74-25, with 21 Democrats joining all Republicans in support. And it was a departure from when Ratcliffe, a former congressman from Texas, faced the Senate in 2020 as Trump’s nominee for director of national intelligence. Then, he was confirmed by a much narrower 49-44 vote. Several major Cabinet fights are still looming. Robert F. Kennedy Jr., the health and human services nominee, and Tulsi Gabbard, the DNI nominee, are scheduled to have confirmation hearings next week. |
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🗞️ Today's other top stories |
🚫 ‘No regrets’: Jan. 6 offenders who received pardons this week expressed gratitude for Trump’s decision, but signs of remorse were in short supply. Read more → ✅ Fact check: In his vows to take back the Panama Canal, Trump has pointed fingers at China for “operating” the critical waterway. But China and Panama deny there is any interference in the running of the canal. Read more → ⌚ TikTok on the clock: YouTuber MrBeast, X owner Elon Musk and Oracle Chairman Larry Ellison are names that have floated around as potential U.S. buyers for TikTok. Read more → 🎤 On the stump: Vice PresidentJD Vance will speak at the March for Life rally in Washington on Friday, his first big speaking engagement since he took office. Read more →
👀 You don’t see this every day: A Mississippi state lawmaker introduced a bill that would seemingly ban men from engaging in other sexual acts when they have no “intent to fertilize an embryo.” It’s called the "Contraception Begins at Erection Act." Read more →
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Watch: Prosecutor in Jan. 6 cases responds to Trump's pardons of rioters |
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That’s all from the Politics Desk for now. Thanks to Faith Wardwell for helping compile today's newsletter.
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