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On Friday, President Donald Trump delivered an unusual speech at the Justice Department. Between fulminating against his political adversaries and long digressions about the late basketball coach Bob Knight, Trump declared, “We’re restoring fair, equal, and impartial justice under the constitutional rule of law.”

Then his administration spent the weekend proving otherwise.

People who believe the press is overhyping the danger to rule of law posed by the current administration have pointed out that although administration officials have repeatedly attacked the judicial system, the White House has not actually defied a judge.

But that may not be the case anymore, or for much longer. On Saturday in Washington, D.C., Judge James Boasberg issued a temporary restraining order barring the federal government from deporting Venezuelan immigrants to El Salvador, which it was seeking to do using a 1798 law that bypasses much due process by declaring an enemy invasion. Nonetheless, hundreds of Venezuelans alleged by the administration to be connected with the gang Tren de Aragua landed in El Salvador, where authoritarian President Nayib Bukele has agreed to take them. Separately, a federal judge in Massachusetts is demanding to know why Rasha Alawieh, a Lebanese doctor at Brown University’s medical school, was deported despite a valid visa and a court order temporarily blocking her removal.

The White House insists that it did not actually defy Boasberg’s judicial order, but its arguments are very hard to take at face value. “The Administration did not ‘refuse to comply’ with a court order,” White House Press Secretary Karoline Leavitt said in a statement. “The order, which had no lawful basis, was issued after terrorist [Tren de Aragua] aliens had already been removed from U.S. territory.” She’s trying to have it both ways—the order is unlawful, but also we didn’t ignore it. “The written order and the Administration’s actions do not conflict,” Leavitt said.

Although Boasberg’s written order did not specify, the judge told attorneys during the Saturday hearing that “any plane containing these folks that is going to take off or is in the air needs to be returned to the United States.” Politico reports that the plane left during a break in the hearing, as though the government was angling to get out just ahead of any mandate. During a briefing today, Leavitt also questioned whether the verbal order held the same weight as a written order, which is a matter of settled law. During a hearing early this evening, Boasberg seemed incredulous at the Justice Department’s arguments, calling one a “heck of a stretch.”

In the Boston case, a Customs and Border Protection official said in a sworn declaration that the agency had not received formal notification of the judge’s order when it deported Alawieh. CBP said in a statement yesterday that “arriving aliens bear the burden of establishing admissibility to the United States.”

The statements of Trump administration officials elsewhere make it even harder to take their actions as anything other than attempting to defy judges. Salvadoran President Bukele posted a screenshot of a New York Post story about the judge’s order on X with the commentary, “Oopsie … Too late” and a laughing-crying emoji. Chief Bureaucrat Elon Musk replied with the same emoji, and Secretary of State Marco Rubio shared Bukele’s post from his own account. “Border czar” Tom Homan appeared on Fox News this morning and said, “We’re not stopping. I don’t care what the judges think. I don’t care what the left thinks. We’re coming.”

These actions should be terrifying no matter who is involved. The fact that Tren de Aragua is indeed a vicious gang doesn’t nullify the law—the administration’s claim that the U.S. is contending with a wartime invasion is ridiculous on its face. Even more important is whether the White House decided to snub a ruling by a federal judge. Nor do customs officials’ claims in court filings that they found “sympathetic photos and videos” of Hezbollah leaders on Alawieh’s phone, or that she told them she had attended the Hezbollah leader Hassan Nasrallah’s funeral, mean the law doesn’t apply. For all we know, her actions may well justify her deportation. (Of course, we have little way of assessing any of these allegations clearly, because the administration has sidestepped the usual judicial proceedings in both cases. A lawyer for Alawieh’s family hasn’t commented on the allegations.) What matters is that the executive branch acted despite a judge’s order.

This is what we might call the Mahmoud Khalil test: No matter whether you think someone’s ideas or actions are deplorable, once the executive branch decides it doesn’t have to follow the law for one person, it has established that it doesn’t have to follow the law for anyone. After Khalil was arrested, Trump said that he was “the first arrest of many to come.” No one should have any illusion that the list will stop with alleged Tren de Aragua members. Throughout his career, Trump has tested boundaries and, if allowed to do so, pushed further. His actions at the start of this term show that he is more emboldened than ever, and traditionally institutionalist figures such as Rubio seem eager to abet him.

Watching Trump’s DOJ address, supposedly about law and order, offers some ideas of who else he might target while ignoring the law. So do his social-media accounts. This morning on Truth Social, Trump claimed that former President Joe Biden’s pardons of Liz Cheney and other members of the House January 6 Committee were not valid. “The ‘Pardons’ that Sleepy Joe Biden gave to the Unselect Committee of Political Thugs, and many others, are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT, because of the fact that they were done by Autopen,” Trump wrote. “In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!”

Trump wouldn’t bother with this if he didn’t hope to prosecute the people involved. Although Biden’s pardons were controversial because they were issued preemptively, the idea that an autopen, which allows the user to sign remotely, would invalidate them is concocted out of thin air. (Nor has Trump provided evidence that Biden did in fact use an autopen in these cases.) The Justice Department’s Office of Legal Counsel wrote a justification for the practice in 2005, and presidents have been using them to sign legislation since 2011, without serious incident. The Supreme Court could conceivably rule in favor of Trump’s view—the justices have adopted other long-shot Trump claims—but it is hard to imagine, and would be a real departure.

When Trump speaks about law and order, he means it very narrowly. He believes in swift justice for his adversaries, with or without due process of the law; meanwhile, he believes his actions should not be constrained by law, the Constitution, or anything else that might cause him problems, and he has used pardons prolifically to excuse the actions of his friends and allies, whether Paul Manafort and Roger Stone or January 6 rioters. Plenty of presidents have been frustrated by the limitations of the law. Richard Nixon even claimed, years after leaving office, that any action by the president, as head of the executive branch, is de facto legal. But no president until now has so aggressively or so frequently acted as though he didn’t need to follow the law’s most basic precepts.

Back in November, my colleague Tom Nichols invoked the Peruvian politician Óscar Benavides. Though he’s little known in the United States, here are a few striking facts about him: He served as president twice, first coming to power not through a popular election but through appointment by an elected assembly. Some years later, he returned to the presidency as an unabashed authoritarian. (Hmm.) “For my friends, everything; for my enemies, the law,” goes a quote sometimes attributed to Benavides. It could be the motto of the Trump administration over the past four days.

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Evening Read

Illustration by Jonelle Afurong / The Atlantic. Sources: Marsell Gorska Gautier / Getty; naumoid / Getty.

Sex Without Women

By Caitlin Flanagan

What a testament to man—how noble in reason, how infinite in faculties!—that he continued doing anything else after the advent of online porn. Plenty of women, of course, consume and enjoy or create and profit from porn—people of every sexual orientation and gender identity do. But the force that through the green fuse drives the flower (and the money) is heterosexual male desire for women. And here was porn so good, so varied, so ready to please, so instantly—insistently—available, that it led to a generation of men who think of porn not as a backup to having sex, but as an improvement on it. They prefer it.

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Batter up. Why aren’t women allowed to play baseball? They’ve always loved America’s pastime—but it’s never loved them back, Kaitlyn Tiffany writes.

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Stephanie Bai contributed to this newsletter.

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This is an edition of The Atlantic Daily, a newsletter that guides you through the biggest stories of the day, helps you discover new ideas, and recommends the best in culture. Sign up for it here.

The idea that millions of dead Americans are receiving Social Security checks is shocking, and bolsters the argument that the federal bureaucracy needs radical change to combat waste and fraud. There’s one big problem: No evidence exists that it’s true.

Despite being told by agency staff last month that this claim has no basis in fact, Elon Musk and President Donald Trump have continued to use the talking point as a pretext to attack America’s highest-spending government program. Musk seems to have gotten this idea from a list of Social Security recipients who did not have a death date attached to their record. Agency employees reportedly explained to Musk’s DOGE team in February that the list of impossibly ancient individuals they found were not necessarily receiving benefits (the lack of death dates was related to an outdated system).

And yet, in his speech to Congress last week, Trump stated: “Believe it or not, government databases list 4.7 million Social Security members from people aged 100 to 109 years old.” He said the list includes “3.5 million people from ages 140 to 149,” among other 100-plus age ranges, and that “money is being paid to many of them, and we’re searching right now.” In an interview with Fox Business on Monday, Musk discussed the existence of “20 million people who are definitely dead, marked as alive” in the Social Security database. And DOGE has dispatched 10 employees to try to find evidence of the claims that dead Americans are receiving checks, according to documents filed in court on Wednesday.

Musk and Trump have long maintained that they do not plan to attack Social Security, Medicare, and Medicaid, the major entitlement programs. But their repeated claims that rampant fraud exists within these entitlement systems undermine those assurances. In his Fox interview on Monday, Musk said, “Waste and fraud in entitlement spending—which is most of the federal spending, is entitlements—so that’s like the big one to eliminate. That’s the sort of half trillion, maybe $600, $700 billion a year.” Some observers interpreted this confusing sentence to mean that Musk wants to cut the entitlement programs themselves. But the Trump administration quickly downplayed Musk’s comments, insisting that the federal government will continue to protect such programs and suggesting that Musk had been talking about the need to eliminate fraud in the programs, not about axing them. “What kind of a person doesn’t support eliminating waste, fraud, and abuse in government spending?” the White House asked in a press release.

The White House’s question would be a lot easier to answer if Musk, who has called Social Security a “Ponzi scheme,” wasn’t wildly overestimating the amount of fraud in entitlement programs. Musk is claiming waste in these programs on the order of hundreds of billions of dollars a year, but a 2024 Social Security Administration report found that the agency lost closer to $70 billion total in improper payments from 2015 to 2022, which accounts for about 1 percent of Social Security payments. Leland Dudek, a mid-level civil servant elevated to temporarily lead Social Security after being put on administrative leave for sharing information with DOGE, pushed back last week on the idea that the agency is overrun with fraud and that dead people older than 100 are getting payments, ProPublica reported after obtaining a recording of a closed-door meeting. DOGE’s false claim about dead people receiving benefits “got in front of us,” one of Dudek’s deputies reportedly said, but “it’s a victory that you’re not seeing more [misinformation], because they are being educated.” (Dudek did not respond to ProPublica’s request for comment.)

Some 7 million Americans rely on Social Security benefits for more than 90 percent of their income, and 54 million individuals and their dependents receive retirement payments from the agency. Even if Musk doesn’t eliminate the agency, his tinkering could still affect all of those Americans’ lives. On Wednesday, DOGE dialed back its plans to cut off much of Social Security’s phone services (a commonly used alternative to its online programs, particularly for elderly and disabled Americans), though it still plans to restrict recipients’ ability to change bank-deposit information over the phone.

In recent weeks, confusion has rippled through the Social Security workforce and the public; many people drop off forms in person, but office closures could disrupt that. According to ProPublica, several IT contracts have been cut or scaled back, and several employees reported that their tech systems are crashing every day. Thousands of jobs are being cut, including in regional field offices, and the entire Social Security staff has been offered buyouts (today is the deadline for workers to take them). Martin O’Malley, a former commissioner of the agency, has warned that the workforce reductions that DOGE is seeking at Social Security could trigger “system collapse and an interruption of benefits” within the next one to three months.

In going anywhere near Social Security—in saying the agency’s name in the same sentence as the word eliminate—Musk is venturing further than any presidential administration has in recent decades. Entitlement benefits are extremely popular, and cutting the programs has long been a nonstarter. When George W. Bush raised the idea of partially privatizing entitlements in 2005, the proposal died before it could make it to a vote in the House or Senate.

The DOGE plan to cut $1 trillion in spending while leaving entitlements, which make up the bulk of the federal budget, alone always seemed implausible. In the November Wall Street Journal op-ed announcing the DOGE initiative, Musk and Vivek Ramaswamy (who is no longer part of DOGE) wrote that those who say “we can’t meaningfully close the federal deficit without taking aim at entitlement programs” are deflecting “attention from the sheer magnitude of waste, fraud and abuse” that “DOGE aims to address.” But until there’s clear evidence that this “magnitude” of fraud exists within Social Security, such claims enable Musk to poke at what was previously untouchable.

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Evening Read

Illustration by John Gall*

I’d Had Jobs Before, but None Like This

By Graydon Carter

I stayed with my aunt the first night and reported to the railroad’s headquarters at 7 o’clock the next morning with a duffel bag of my belongings: a few pairs of shorts, jeans, a jacket, a couple of shirts, a pair of Kodiak work boots, and some Richard Brautigan and Jack Kerouac books, acceptable reading matter for a pseudo-sophisticate of the time. The Symington Yard was one of the largest rail yards in the world. On some days, it held 7,000 boxcars. Half that many moved in and out on a single day. Like many other young men my age, I was slim, unmuscled, and soft. In the hall where they interviewed and inspected the candidates for line work, I blanched as I looked over a large poster that showed the outline of a male body and the prices the railroad paid if you lost a part of it. As I recall, legs brought you $750 apiece. Arms were $500. A foot brought a mere $250. In Canadian dollars.

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Stephanie Bai contributed to this newsletter.

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