Great thread from Judge Luttig on Bluesky, about Trump targeting Chris Krebs and Miles Taylor

[highplainsdem]

Thread starts here:

https://bsky.app/profile/judgeluttig.bsky.social/post/3lmhwiybck22k

judgeluttig.bsky.social
‪@judgeluttig.bsky.social‬

The President’s unprecedented Executive Order yesterday targeting Messrs. Chris Krebs and Miles Taylor for nothing but the exercise of their First Amendment rights is the President’s most constitutionally corrupt Executive Order to date.

April 10, 2025 at 11:34 AM


That this is occurring in the United States of America is shameful. But this is what America is today. Until these times pass, it is impossible to say that we have “a government of laws, not of men,” as our Founding Fathers and the Framers of our Constitution intended and provided.


It is a travesty of justice that Mr. Krebs and Mr. Taylor, and the nation’s law firms and legal profession, are being forced to defend themselves against the President of the United States and his palpably unconstitutional conduct.


The President obviously thinks the Supreme Court will ultimately side with him. It is just as obvious that it will not.


But the innocent American citizens targeted with these unconstitutional Executive Orders should not have to wait one day longer for vindication of their constitutional rights.


Their professional lives and livelihoods will be destroyed before such time as the Supreme Court rules. That’s exactly what the President is counting on. That’s why he continues to issue Executive Orders in defiance of the rulings of the federal courts.


Both Mr. Krebs and Mr. Taylor should immediately bring lawsuits in the federal district court in Washington, D.C. against the President, the Attorney General, and the Director of the FBI for vindictive/malicious prosecution,


in violation of their rights under the Fourth and Fourteenth Amendments to the U.S Constitution,


and be prepared to litigate all the way to the Supreme Court the question whether their vindictive and malicious prosecution claims are cognizable before the two men are actually prosecuted.


Given that the President’s order on its face makes plain that there is not even an arguable basis for criminally investigating these two American citizens except for their exercise of their First Amendment rights — the express basis upon which the President ordered them to be investigated


— in my view the lower federal courts should summarily strike down this Executive Order and quash the President’s ordered criminal investigation of these two honorable American citizens.


The Supreme Court of the United States thereafter should summarily affirm.


The Constitution requires nothing less, lest it become the “suicide pact” that Justice Robert Jackson feared in Terminiello v. Chicago that it could.


We all know what’s going on here at this point. The President is not going to stop until he is stopped once and for all by the federal courts.

April 10, 2025 at 11:34 AM

[sop]

1. Luttig is absolutely correct.

[MiHale]

2. Please explain to me in simple words...

How the heck are the Federal Courts going to stop him? He owns the Supremes…disregards the rest. They will rule…who’s going to enforce?
We watched him laugh at the courts for 4 years when he wasn’t president. Nothing.

[hlthe2b]

4. To some degree, Roberts and ACB (and more rarely, Kavanaugh) have been holding the line...

So, not all hope is lost. No, I'm no fan of any of them lest that be anyone's instinct to call me out. I am speaking to some of the most important cases since Trump was inaugurated.

[MiHale]

5. My main need of explanation is about enforcement...

Yes the courts will rule but do you think he’ll obey them? The courts are ‘words’ …who is bringing the ‘action’?

[hlthe2b]

6. All bets are off, but SCOTUS & other Federal courts are NOT powerless. They CAN order US Marshalls to

follow a legal order, they can enable private attorneys to serve as special prosecutors, and they can even direct local law enforcement in certain cases. Those US Marshalls may be reticent to go against their DOJ bosses, but a court order--especially from SCOTUS does have weight and to ignore it does put themselves at serious legal consequences. If DOJ were to fire them, they have legal protections there too. Further, should this wind up in an executive v judicial branch standoff, I am not going to bet the farm that all hope is lost with Congress--no matter how worthless the R's have been. It is their future at risk as well.

[muriel_volestrangler]

10. It's worth Luttig saying they will, though, because it might push Roberts and Coney Barrett into doing so

He has conservative legal credibility. It's unlikely that him saying "Trump owns the Supremes" would get those two to say "no, we'll show him he's wrong!" and do the right thing; it's more likely that him saying "they're honorable, they'll do the right thing" would help get them to think about their reputation and "legacy".

[wordstroken]

3. Great explanation, well said.

Much appreciated, highplainsdem.

[LudwigPastorius]

7. "The President...thinks the Supreme Court will ultimately side with him. It is just as obvious that it will not."

[Irish_Dem]

9. Of course it is not obvious the SC will uphold the rule of law.

Came to type the same thing you did!

[Renew Deal]

8. Krebs also said it in his professional capacity as a DHS employee