#separation-of-powers

Trump's Own Justice Department Issued a Memo Declaring He Can Hide His Conversations With Private, Outside Advisers — Billionaires, Fixers, Private Lawyers, Even State Officials — Under "Executive Privilege," Stretching a Doctrine the Supreme Court Already Ruled Isn't Absolute, to Wall Off His Shadow Advisers From Congress Right Before the Midterms

On August 11, 2026, the Justice Department's Office of Legal Counsel published a 21-page opinion, signed by Assistant Attorney General T. Elliot Gaiser, declaring that executive privilege can shield the president's communications with "private advisers" — a category the memo defines to include essentially anyone Trump consults outside the executive branch, "whether they be members of the public, state officials, or employees of other branches of the federal government." It is the first time the Justice Department has explicitly extended executive privilege beyond the president and his immediate White House staff to private citizens. Historically the privilege reached only official advisers, and the Supreme Court held in United States v. Nixon (1974) that it is not absolute and yields in criminal cases. The immediate beneficiary is Boris Epshteyn — the outside Trump adviser and "fixer" whom the American Bar Association subpoenaed, and who coordinated the campaign of pressure that produced nearly $1 billion in pledged free legal work from law firms, and who helped steer the lawyers in Trump's sham IRS-immunity litigation. The memo would let all of that stay hidden. OLC opinions are not binding on courts, but they govern how the executive branch behaves, and this one is transparently timed: issued months before the midterms, it is pre-emptive armor to defeat the wave of congressional investigations the White House expects if Democrats retake the House. It converts a narrow, court-limited doctrine into a blanket secrecy cloak for government-by-crony — a way to keep the public from ever learning which unelected billionaires and operatives are shaping official decisions, and what they said.

After 23 States and Two Federal Courts Blocked It as Unconstitutional, Trump Asked the Supreme Court to Let His Mail-Voting Order Take Effect Before the Midterms — an Order That Would Bar the Postal Service From Mailing Ballots to Anyone Not on State-Submitted Lists, Put DHS in Charge of Screening Voter Rolls, and Prioritize Prosecuting Election Officials

On July 27, 2026, the Trump administration asked the Supreme Court — via an emergency "shadow docket" application filed by Solicitor General D. John Sauer — to lift lower-court blocks and let a sweeping executive order restricting mail voting take effect in time for the November midterms. The March executive order would: require states to submit lists of eligible mail voters to the U.S. Postal Service, which would be barred from sending a ballot to anyone not on those lists; give the Postal Service and the Department of Homeland Security new roles screening state voter rolls for supposed noncitizens; mandate individualized barcodes on ballot envelopes; and "prioritize" federal prosecution of state election officials who send ballots to ineligible voters. Twenty-three Democratic-led states sued, noting the Constitution leaves the running of elections to the states, not the White House. U.S. District Judge Indira Talwani blocked it as a separation-of-powers violation, and the Boston-based 1st U.S. Circuit Court of Appeals upheld that block over the weekend, finding the order would "sow confusion" and "threaten disenfranchisement of many eligible voters." Sauer argued the injunction was "extraordinary" and that the order "merely sets forth general policy guidance." Voting-rights groups called it "plainly unconstitutional... yet another attempt by the president to unlawfully take control of elections from the states, deter eligible voters from casting ballots, and sow chaos as the November midterms approach." It is the same campaign documented here through the FEMA counterterrorism-funding blackmail, the purge of the Election Assistance Commission, and the primetime "China stole 220 million voter files" speech — now escalated to the Supreme Court, asking the justices to green-light federal control over an election the president has spent months insisting will be stolen.

For the Second Time, the House Formally Voted to Order Trump to End His War in Iran — 214-208, With Four Republicans Crossing the Aisle — Because Congress Never Authorized the War, Troops Are Dying in It, and He Ignored the Last Resolution Telling Him to Stop

On July 23, 2026, the House of Representatives passed a war powers resolution, 214-208, directing President Trump to "remove the use of United States Armed Forces from hostilities against the Islamic Republic of Iran." It was sponsored by Rep. Pramila Jayapal (D-WA), and four Republicans — Thomas Massie (KY), Brian Fitzpatrick (PA), Warren Davidson (OH), and Tom Barrett (MI) — crossed the aisle to support it. It was the House's fifth vote on a measure to rein in Trump's Iran military actions, and only the second time it has successfully adopted one. The vote came days after four U.S. service members were killed in the Middle East and weeks after the ceasefire and memorandum of understanding Trump paraded as a triumph collapsed — he declared the MOU "over" and, on July 10, formally notified Congress that fighting had resumed. Congress never authorized this war; there is no AUMF for Iran, and under the Constitution the power to take the country to war belongs to the legislature. Jayapal called it "a big victory for the vast majority of the American people who want President Trump to end this illegal war," saying the House was "reasserting our authority over war." The Senate was set to vote the same day on a companion resolution from Sen. Chris Van Hollen (D-MD). But the resolution is a concurrent measure that does not go to the president for signature and cannot, by itself, force him to withdraw — the same kind Congress passed in June, which Trump simply ignored as he restarted the war. The vote is a genuine bipartisan rebuke and a real constitutional assertion. It is also a portrait of a broken check: the branch the Constitution entrusts with the power of war telling the president to stop, twice, while he wages on.

FEMA Will Withhold 20% of a $1 Billion Anti-Terrorism Grant Program — Money for Cybersecurity and Protecting Crowded Public Spaces — Unless States Rewrite Their Elections to Trump's Demands Before the Midterms, a Power the Constitution Gives Him Zero Authority Over

The Trump administration is holding counterterrorism money hostage to force states to change how they run elections before the November 2026 midterms. FEMA's fiscal-year 2026 Homeland Security Grant Program notice says the agency will withhold 20% of each state's total award — from a $1.064 billion program that funds cybersecurity, emergency planning, training, equipment, and protection of crowded public spaces — until the state proves it has complied with new "Election Security" requirements. Those requirements: submit a plan to abandon electronic voting systems that use bar codes/QR codes and move to hand-marked paper ballots (eliminating ballot-marking devices); conduct 5% manual post-election audits; reconcile voters against ballots cast; run the entire voter roll through the DHS "SAVE" citizenship database within 120 days; and verify the citizenship of every poll worker and vendor. In FY2025 the election-related hold was just 3% for three modest actions; FY2026 escalates it to 20% and a far larger list. The 3% election-security set-aside and the 20% holdback are explicitly separate — meeting one does not release the other. The grants flow largely to populous urban states: New York alone expects about $204 million in FY2026. Switching to hand-marked paper ballots would cost states hundreds of millions — Georgia's Republican secretary of state estimated $66 million for his state alone. The Constitution gives the president no authority over election administration; a federal judge recently wrote exactly that while blocking parts of Trump's anti-voting executive order, and another judge blocked DHS from using SAVE to purge voters, finding the administration "knowingly trampled on the privacy rights of American citizens." The DOJ has separately sued 30 states for refusing to hand over voter lists and warned election officials in all 50 states they could face criminal charges. New York Gov. Kathy Hochul: the administration is "once again putting New Yorkers' lives at risk to forward their political agenda." Maine Secretary of State Shenna Bellows: "Trump is trying to meddle in how states run American elections because he's terrified of losing power after the 2026 midterms."

On the Same Day Trump Held a Housing Bill Hostage for a Voter-ID Law, a Judge Permanently Struck Down His Voter-ID Executive Order — Ruling He Has No Power Over Elections At All

On June 24, 2026 — the same day Trump canceled the signing of a bipartisan housing bill to pressure Congress into passing his SAVE America Act voter-ID law — U.S. District Judge Denise Casper in Boston permanently struck down most of his elections executive order, including its requirement that Americans show documentary proof of citizenship to register to vote. In a 59-page ruling converting her year-old preliminary injunction into a permanent one, Casper held that the Constitution "does not grant the President any specific powers over elections," that authority belongs to the states and Congress, and that the order violated separation of powers. She also found the Justice Department "failed to demonstrate the alleged fraud" used to justify the order, and that the policy "would have disenfranchised thousands." The case was brought by 19 states. It is the latest in a string of defeats: three separate federal judges have now blocked the 2025 order. The ruling lays bare the futility loop Trump is in — courts say he can't do it by executive order, so he's trying to do it by legislation (the SAVE Act), which can't get 60 votes in the Senate, which is why he's now holding popular bills hostage to force it through. Noncitizen voting is already a felony and is vanishingly rare; the federal registration form already requires attesting to citizenship under penalty of prison or deportation.

Vance Crashes Supreme Court Dinner Uninvited — Chief Justice Roberts Ignores Him Completely

JD Vance showed up uninvited to a private dinner hosted by Chief Justice Roberts for his former law clerks, tagging along as a plus-one with his wife Usha. Roberts didn't give Vance special seating, didn't mention him in his remarks, and treated the Vice President of the United States as a forgettable guest. This from the man who called Roberts "profoundly wrong" for believing in checks on executive power — while Trump calls the justices "lap dogs" and "disloyal" and is trying to intimidate the court ahead of major rulings.

Systematic Attacks on Judicial Independence

The Trump administration has waged a sustained campaign against judicial independence — vilifying judges, threatening noncompliance with court orders, intimidating law firms, and defying rulings.