In this video, I discuss three court cases that serve as a clarion call that the end of our constitutional democracy is nigh: secret detentions, invented government filings, and outright defiance of judicial authority. The courts are pushing back, but the Trump Administration is increasingly in open defiance.
From Houston to Maryland to Massachusetts, what’s unfolding points to a growing authoritarianism that threatens our legal system to its core. These aren’t isolated incidents — they’re a unified assault. It’s time to pay close attention.
Stay engaged.
–Andrew
P.S. The YouTube link can be found here.
TRANSCRIPT
Folks, I wanted to talk to you about something incredibly serious that’s going on in the courts. I’m going to talk really briefly about three cases and explain why we are on full authoritarian dictator watch right now.
It is just unbelievable what is going on in this country. Let’s leave aside that a state court judge has been arrested and is being prosecuted, and that a member of Congress was just charged. These are both the kinds of things that show full-on authoritarianism. Even if there was guilt here, these are such minor offenses, and it’s only being done as a way to promote a sort of reign of terror.
That term comes from the French Revolution in connection with Robespierre, who, in the name of public liberty, actually massacred thousands of people in a matter of just a year. We don’t have death happening yet, but we do have the kidnapping of people and storing them—against all constitutional norms—in a foreign prison.
Here’s what’s going on.
Let’s start in Houston. A federal judge has ordered the government to identify where the plaintiff is. Counsel is trying to find and communicate with his client, and the judge has ordered the government to disclose the person’s location and ensure that defense counsel can speak to him. It’s remarkable that the lawyer doesn’t even know where his client is. The court has said that if the government claims it cannot comply, it must, within 72 hours, provide chapter and verse explaining why.
Second, in Maryland, there’s a case involving a pseudonymous plaintiff called Christian. The district judge, Susan Gallagher—appointed by Donald Trump—has ordered that Christian be returned and that the government must contact El Salvador to facilitate his return. That order was appealed and the appeal has so far been rejected.
One thing Christian’s lawyers pointed out is that, after litigation began, the government filed a document they describe as contrived—created solely for the purposes of the litigation—claiming the Department of Justice had determined that Christian is a danger to the community, but provided no facts to support it. As the district judge said: a court of law is a place where evidence governs. The Fourth Circuit rejected that document, noting the government’s silence in defending it was deafening. In other words, Christian’s counsel said it was made up and unsupported, and the court agreed.
Now let’s turn to Massachusetts and the DVD case. Here, the government—represented by a civil DOJ attorney named Mary Larkers, a senior litigation counsel—submitted a statement correcting a prior declaration by Brian Ortega.
Let me read part of it to you:
“Defendants hereby advise the court of an error in the March 25, 2025, declaration of Brian Ortega. The declaration represented, based on internal database information, that ICE verbally asked OCG [a plaintiff] if he was afraid of being returned to Mexico. At this time, OCG stated he was not afraid of returning to Mexico.”
In other words, the sworn statement said this person had no fear of persecution if returned to Mexico—and the court relied on that. But now, the government admits: “Upon further investigation, defendants cannot identify any officer who asked OCG whether he had a fear of return to Mexico.”
Let me repeat that: they cannot find any officer who asked that question. Nor can they find the officer who allegedly told OCG he was being deported. Accordingly, they submitted a new declaration correcting the previous one. Yet they still maintain that OCG received notice of his removal. Of course, mere notice isn’t enough—what matters is what language was used, how much time he had, and whether he understood his rights. That alone shouldn’t carry the day.
This is why you’re seeing courts across the country, including those appointed by Trump, pushing back. It’s just remarkable: people being forcibly seized and removed from the country. And when called out, the government either doesn’t respond or, in some cases, provides false claims that later need to be corrected—like in the DVD case.
Finally, there’s the Abrego Garcia case, which now appears to involve multiple people like Christian. In this case, Senator Marco Rubio has made an assertion of state secrets. I’ll be talking more about that with Mary McCord on our podcast Maine Justice—what that assertion means and just how facially thin it is. In other words, there are no details or facts; it’s simply a way of saying: “You can’t look behind what we’re telling you.”
But the track record here is a lack of evidence. People are being physically taken and removed, and even when it’s in error, even when mistakes are made, even when false statements are submitted to the court, there’s no effort by this government to bring them back.
And now, as I mentioned, you have a judge and a member of Congress being prosecuted. We are in full authoritarian mode. This is a complete lack of due process. This is essentially saying the Constitution is a dead letter, that judges should not weigh in, and that defense counsel of any sort is anathema to this administration—especially what they’re doing with law firms.
People should really be on high alert. I’ve touched on three cases to keep an eye on. Unfortunately, I think there are going to be many, many more.
And for those of you who think this isn’t happening—it is. It’s time to wake up. And it’s time to make sure you’re using all peaceful, democratic methods to express your views to elected officials: voting, contributing time or money if you can.
Because this is not the country we are entitled to have. And there are far too many examples of authoritarian practices happening. If we don’t wake up and do something about it, it really is going to be too late.
Take care. Stay engaged.
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