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Trump's attempt to stop a judge's order banning funding freezes fails

U.S. president

Donald Trump

On Tuesday, the president lost the latest round of a legal battle in which he tried to stop federal spending. An appeals court refused to pause an order that required the government to keep delivering funds.

The U.S. Department of Justice asked the 1st U.S. The 1st U.S. Circuit Court of Appeals decided late Monday night to suspend an order issued by a Rhode Island federal court earlier in the day.

In a two-page decision, the 1st Circuit expressed confidence that the lower court will quickly clarify all the concerns raised by the government in its filing. This includes that the order prevents the president from exercising lawful authority.

The appeals court stated that the government can file any additional documents supporting its position before the end of Thursday.

The court's ruling on Monday marked the first instance since Trump's return to office in January that it had found the administration had violated a court order blocking a part of the Republican President's agenda.

The Justice Department stated that U.S. district judge John McConnell improperly tried to take power away from Trump. Trump's authority to direct agencies in a manner consistent with his policies preferences is "well-established."

The Justice Department's lawyers wrote: "This situation cannot continue for another day." A stay is warranted pending an appeal.

A group of Democratic State Attorneys General argued, however, that if McConnell’s order were paused Trump would "be immediately free to resume his sweeping and illegal policies," harming those who depend on federal funding.

Trump, Elon Musk and other members of his administration have all been critical of judges who have blocked important pieces of the President's agenda. In some cases, they have argued that judges do not have the authority to interfere with the president's power.

Trump tweeted on Tuesday, "certain activists and highly-political judges want us slow down or stop" the administration's efforts at eliminating federal government waste.

Musk, the richest person in the world, posted on Twitter on Tuesday that "democracy is being destroyed in America by judicial coup" after calling for impeachment of the judge in New York, who had barred his Department of Government Efficiency access to Treasury Department systems.

These comments have raised concerns over whether the Trump Administration would adhere to court rulings. In a Monday statement, the American Bar Association expressed concern about "widespread affronts against the rule of law" under Trump.

McConnell's lawsuit was brought by Democratic Attorneys General from 22 states and District of Columbia. They sued after the White House Office of Management and Budget released a memo that announced a spending freeze that involved trillions of dollars.

OMB later retracted that memo. McConnell, however, had determined that a temporary injunction was still needed because evidence showed that the funding freeze was still in place and OMB's withdrawal of the memo was "in name-only."

This is just one of many lawsuits where Democratic-led States, civil rights organizations and progressive advocacy groups have obtained court orders to block for the time being Trump's attempts to reduce the size and spending of the federal government and crackdown on immigration.

The Democratic State Attorneys General on Friday urged McConnell, to enforce his funding freezing order. They said that the administration took the position that they could still withhold millions of dollars in funding for infrastructure and the environment under the Inflation Reduction Act and Infrastructure Improvement and Jobs Act.

McConnell, a former president Barack Obama appointee, said his order on federal funding was "clear, unambiguous," and prohibited any categorical freezes or pauses. (Reporting and editing by Rod Nickel, Alexia Garamfalvi, and David Gregorio; Boston)

(source: Reuters)