In July 2019, a career Justice Department lawyer revealed in court that he was informed of former President Donald Trump’s position on a high-profile issue through one of his tweets. This incident highlighted Trump’s impulsive leadership style and added complexity to the administration’s legal battles. Despite facing defeat in many legal disputes during his first term, Trump has already indicated plans for provocative policy actions if re-elected, such as ending birthright citizenship and deporting millions of undocumented immigrants.
In a potential second term, Trump’s administration could face legal challenges on various fronts, including withholding federal funds from states that refuse to assist with deportation efforts and denying funds to schools accommodating transgender students. Adriel Cepeda-Derieux from the ACLU suggested that the administration might be better prepared legally the second time around.
Close Trump allies predict that a second-term Justice Department would continue to follow the president’s policy agenda, potentially creating tensions between political appointees and career lawyers. Despite this, there are limits to how far career lawyers can be pushed if they believe a directive is not compliant with the law.
During Trump’s first term, top-down pronouncements led to losses in court battles, such as the citizenship question case and attempts to end the DACA program. The administration also faced criticism for its response to racial justice protests and was impeached twice. While the Supreme Court now has a conservative majority, it may still limit Trump’s ability to carry out his agenda in a second term.
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