A President Isn’t Above the Law, Unless We Let Him Be

The DOJ is arguing that presidential power over immigration and foreign policy is “unreviewable.” That’s not law—it’s authoritarian.

Mar 20, 2025

On Monday, we laid it out: Trump was ordered to stop the deportations and respond to the court. The deadline was today, March 19. Instead of compliance, his lawyers made a ridiculous move—arguing that the courts don’t even have the power to stop him at all.

This isn’t just about ignoring a ruling. It’s about challenging whether the judiciary has any authority over the president in the first place. The Department of Justice, working under Trump, made it clear… they don’t believe a court order means anything if the president decides it doesn’t.

And they put it in writing.

In their Motion to Stay, filed on March 19, Trump’s lawyers argued that the court’s attempt to enforce its ruling was an “intrusion” into presidential authority:

The underlying premise of these orders… is that the Judicial Branch is superior to the Executive Branch, particularly on non-legal matters involving foreign affairs and national security. The Government disagrees. The two branches are coequal.

Let’s be clear… the judge wasn’t demanding classified intelligence. He wasn’t blocking a military operation. He wasn’t overstepping.

All Judge Boasberg asked for were simple answers:

Who was deported
Where were they sent?
Why did the government ignore the court’s stop order?

Instead of answering, the DOJ called the request “micromanagement.” They argued that the court was interfering in diplomatic negotiations and that any attempt to review these deportations would create “unacceptable uncertainty” for foreign governments.

They even floated the idea of invoking state secrets privilege, which would allow them to permanently block the release of any details.

And then they made their real argument:

The pending questions are grave encroachments on core aspects of absolute and unreviewable Executive Branch authority

“Absolute.” “Unreviewable.” That’s the argument.

This wasn’t just about dodging the court’s order. It was about defining the presidency itself.

Push, see if anyone pushes back. If they don’t… push further.

That’s the moment we’re in. Not just a legal fight—a fundamental question of power.

The Real Plan

Trump’s lawyers don’t need to win this fight. They just need to stall it.

The DOJ kicked this case up to the D.C. Circuit Court, where they expect a ruling “by the end of the week.” That’s the plan of the stay—delay everything until a higher court bails them out.

A stay is warranted because a decision by the D.C. Circuit on the Government’s request for a stay pending appeal is likely imminent.

They aren’t arguing that they didn’t ignore the order. They’re arguing that it DOES NOT MATTER.

That’s why they’re reframing the case. In the Stay, they claim the court is focused on “retrospective and immaterial facts” - meaning the deportations already happened, so why investigate?

The Court’s inquiries relate only to retrospective and immaterial facts, and not future compliance.

This is the strategy. Rewrite what’s at stake, stall the case and let it fade into irrelevance.

And they’re not stopping there. They’re also arguing that the plaintiffs should have filed a habeas corpus petition instead. A legal technicality. Habeas cases take longer, are harder to win and limit what courts can even rule on.

Plaintiffs’ claims necessarily and exclusively sound in habeas—which would incontrovertibly preclude this Court’s assertion of jurisdiction.

This isn’t just about one case. This is about blocking future lawsuits before they even start.

And if the D.C. Circuit sides with them? The ruling disappears, the deportations are locked in… leaving the Alien Enemies Act as a blank check for mass removals.

Judicial intervention is particularly unwarranted here.

That’s the bet.
Not that they’re right. Just that they can wait this out.

And when they do? The next time a president ignores a court order, they won’t even have to explain it.

The Courts Have the Law. Will They Enforce It?

The Trump administration ignored the order. Kept flying deportation planes. Told the judge to stay in their lane, and Trump is now calling for Judge Boasberg. impeachment.

Now the courts have to decide: do they mean what they say, or are they just talking?

But Chief Justice John Roberts, a conservative and institutionalist, weighed in—rebuking Trump for calling for Judge Boasberg’s impeachment. Chief Justice Roberts via Reuters:

A judicial decision is not grounds for impeachment. Public officials are always free to criticize the reasoning in our opinions, but when leaders claim that judges should be removed for ruling against them, they cross a dangerous line.

“A dangerous line.”

Not just because Trump ignored a ruling, but because his team is actively working to weaken the courts themselves.

If the highest judge in the country sees this for what it is, what excuse does anyone else have to look away?

There’s no in-between. Either Judge Boasberg holds them in contempt and makes it clear that defying a court order has consequences… or he lets them get away with it.

Again, this judgment being ‘unreviewable” isn’t an argument. It’s a yardstick.

And if the courts let this slide, it won’t just set a precedent. It will make one unnecessary.

Because if rulings don’t need to be followed, there’s no need to argue about them at all.

Congress Could Act—If We Force Them To

Congress could stop this. They could subpoena DOJ officials, hold hearings, and make it clear that a president doesn’t get to ignore a court order. They could show that when the executive branch defies the law, there are consequences.

But they won’t unless they’re forced to.

The Senate Judiciary Committee has every tool they need—they can hold officials in contempt, take this to court, and expose the DOJ’s playbook for what it is: a power grab. But history tells us what happens when Congress waits.

They waited after Bush expanded executive power under the guise of national security.
They waited as Obama’s DOJ justified drone strikes on American citizens.
They waited while Trump blocked subpoenas and dared them to stop him.

Every time they did nothing, the presidency got stronger. The courts lost ground. The law mattered less.

When Congress fails to act, it’s not just inaction—it’s permission.

There is no neutral stance here. Either they act, or they set the precedent that a court order is just a suggestion.

Congress won’t move unless we make them.

The Next Time Is Coming

If Trump gets away with this, what stops him from doing it again?

When courts rule on election interference, will he listen?
When courts block mass arrests of protestors, will it matter?
When the courts tell him he can’t shut down the press, will he stop…?

He’s already saying this case is “unreviewable.”

This stay and the rhetoric is how power shifts. Not with one big moment, but with small ones that people let slide. And right now, Trump’s team is winning.

The Moment Defines Everything After

A system doesn’t break overnight. It adjusts. It absorbs. It normalizes.

A case is filed. A ruling is issued. The government stalls.
A court order is ignored. No one forces compliance.
A new case is filed. No one expects enforcement.

And then? The expectation that rulings will be followed disappears.

That’s what’s shifting. Not just in law, but in assumption.

April 5th. We Show Up.

We’ve seen what happens when people wait.

This isn’t about waiting.

April 5th, the 50501 Movement, is turning up—NATION WIDE. It’t time Chicago!

Because what happens next isn’t decided in courtrooms or legal filings. It’s decided by what people let happen… and what they refuse to accept.

The law is the law. A ruling is a ruling. Power answers to the people—if we make it.

April 5th. Bring everyone.
Because no one else is going to stop this.

For those who don't know us yet, 50501 is a decentralized, national group of workers, veterans, students and immigrants and community members united against political repression and dedicated to peaceful resistance.

50501 stands for: 50 states, 50 protests, 1 movement.

We organize across America to peacefully protest against executive overreach, the unconstitutional actions of the current administration and project 2025.