“Unprecedented”: Trump-Appointed Judge Rejects His Frivolous Lawsuit
The judge also slammed the Trump administration’s “smear” campaign against the judiciary.

A Trump-appointed federal judge just did something truly unexpected.
On Tuesday, U.S. District Court Judge Thomas T. Cullen dismissed the Department of Justice’s lawsuit challenging a Maryland judge’s two-day waiting period on deportations—and offered a scathing rebuke of the administration’s attacks on the federal judiciary.
The judge defended a previous ruling that granted immigrant detainees a 48-hour long temporary stay of removal, to provide judges with enough time to actually read their habeas petitions.
In May, Chief Judge George L. Russell III had originally ruled that the brief stay was necessary to “preserve existing conditions and the potential jurisdiction of this Court over pending matters while the Court determines the scope of its authority to grant the request[ed] relief.”
The DOJ challenged the ruling, alleging that the court had overstepped its authority, violated local court rules, and wrongly granted automatic relief to a special class of litigants.
But in his 39-page filing Tuesday, Cullen wrote that the government had gone about its grievances all wrong.
“Fair enough, as far as it goes. If these arguments were made in the proper forum, they might well get some traction,” Cullen wrote, adding, “But as events over the past several months have revealed these are not normal times—at least regarding the interplay between the Executive and this coordinate branch of government. It’s no surprise that the Executive chose a different, and more confrontational, path entirely.”
In a footnote, Cullen slammed the Trump administration’s “smear” campaign against the federal judiciary.
“Indeed, over the past several months, principal officers of the Executive (and their spokespersons) have described federal district judges across the country as ‘left-wing,’ liberal,’ ‘activists,’ ‘radical,’ ‘politically minded,’ ‘rogue,’ ‘unhinged,’ ‘outrageous, overzealous, [and] unconstitutional,’ ‘c]rooked,’ and worse,” Cullen wrote. “Although some tension between the coordinate branches of government is a hallmark of our constitutional system, this concerted effort by the Executive to smear and impugn individual judges who rule against it is both unprecedented and unfortunate.”
Cullen wrote that there was “no alternative but to dismiss” the government’s lawsuit.
“To hold otherwise would run counter to overwhelming precedent, depart from longstanding constitutional tradition, and offend the rule of law,” the judge wrote. “All of this isn’t to say that the Executive is without any recourse; far from it. If the Executive truly believes that Defendants’ standing orders violate the law, it should avail itself of the tried-and-true recourse available to all federal litigants: It should appeal.”