Lawfare Daily: The Trials of the Trump Administration, May 29

The Trump administration's legal and political maneuvers are facing unprecedented judicial pushback, with federal judges across multiple circuits rejecting efforts to weaponize government power for political ends. In a landmark decision, Judge Brinkema issued an injunction halting the Trump administration's new 'fund' for political retaliation, citing the risk of irreversible harm to the status quo and the First Amendment violations inherent in targeting political opponents. The case, brought by Democracy Forward and a coalition of plaintiffs including a former January 6 prosecutor, a jailed protester, and the city of New Haven, argues the fund violates equal protection and the separation of powers. Meanwhile, the Justice Department's criminal inquiry into E. Jean Carroll—triggered by her litigation funding from Reid Hoffman—has been widely dismissed as a politically motivated distraction, with judges rejecting the idea that civil deposition misstatements constitute criminal offenses. In Minnesota, a magistrate rejected overbroad search warrants targeting journalists, including Don Lemon, citing violations of the Privacy Protection Act and insufficient probable cause. Wyoming’s federal judges overturned nine indictments after a U.S. attorney’s improper grand jury conduct, and the Supreme Court reinforced the 'party presentation rule' in a narrow but ominous decision that could undermine independent oversight bodies like the MSPB.