Former President Trump’s once-solid alliance with the conservative legal movement has fractured in recent years, raising concerns about his potential judicial picks and approach to the Justice Department in a second term.
Shifting Alliances:
- Break with Federalist Society: Trump has broken with many leaders and allies of the Federalist Society, despite its crucial role in his first-term judicial appointments. He now criticizes the group and no longer speaks to key figures like Leonard Leo.
- Frustration with Courts: Trump expresses dissatisfaction with his first-term judges, claiming they are too “independent” and the court system is biased against him. He seeks judges “truly committed to helping him accomplish his agenda.”
- Justice Department Concerns: Trump criticizes his first-term Justice Department leadership as weak and vows to select stronger figures who will be more aggressive in pursuing his goals.
- Potential for Unorthodox Picks: Trump may consider controversial figures outside the traditional legal establishment for key positions like Attorney General.
Impact of a Second Term:
- Further Judicial Shift: Trump’s potential picks could significantly shift the federal judiciary further to the right, with concerns about qualifications and adherence to the rule of law.
- Erosion of Legal Firewall: Trump’s desire for loyalty and potential disregard for legal norms could imperil the traditional separation between the White House and the Justice Department.
- Internal Debate in Conservative Legal Circles:Â There is a heated debate among conservative lawyers about whether to support and work for a second Trump term, with some expressing deep concerns but resigned to his likely nomination.
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Uncertain Future:
- Campaign Focus: Trump’s current campaign focuses less on judicial issues than in 2016, leaving his second-term plans unclear.
- Public Concerns: While some conservative lawyers remained silent during Trump’s first term, others express regret and highlight the importance of speaking out against potential violations of legal principles.
- Ongoing Investigations: Trump faces 91 felony charges, which could impact his eligibility for office and further complicate the future of the conservative legal movement.
