Trump's Is Not The First Fascist Regime To Try To Intimidate The Judiciary By Arresting Judges

Trump Has Found The Fight He's Been Looking For

Even before Trump had Judge Hannah Dugan arrested, a Siena Poll showed that most voters see his use of power as overreaching. A trio of NY Times writers reported that “Broad numbers of independent voters sided with Democrats in believing that he had overreached. Overall, a 54 percent majority said that Trump was ‘exceeding the powers available to him,’ including 16 percent of Republicans and 62 percent of independent voters… Broad majorities said they would prefer to place limits on exactly the kinds of powers that Trump has tried to exercise… Overall, 54 percent of voters said Trump’s changes to the country’s political and economic systems had ‘gone too far,’ with 63 percent of independent voters feeling that way.”

Andrew Weissmann, former general counsel for the FBI, addressed the arrest of Judge Dugan head-on and asserting that, “It’s very hard to look at this case and not see it as part of a broader assault on the judiciary, particularly as judges continue to stand up to actions taken by the administration. There has been a violation here, but not by the judge— rather by Pam Bondi, the Attorney General, and Kash Patel, the head of the FBI. Both have spoken publicly in ways that appear to violate longstanding DOJ rules. Kash Patel, for instance, tweeted denigrating remarks about the judge— a tweet he later deleted, presumably because someone at the FBI recognized it violated internal policies prohibiting public commentary on pending cases. Pam Bondi went on Fox News and essentially threatened judges, claiming they were out of control and would be prosecuted. This is deeply concerning… As we’ve seen in other institutions standing up to Donald Trump, this case seems designed to intimidate rather than uphold justice.”

Many Democrats in Congress— though not Republicans— agree with Weissmann’s assessment. Yesterday, Andrew Solender, wrote that “Democratic lawmakers reacted with ferocity— and some Republicans with cheers— to the Friday arrest… [T]he arrest marks a significant escalation in President Trump's efforts to consolidate power and use federal law enforcement to crush legal obstacles to his agenda. ‘It is remarkable that the Administration would dare to start arresting state court judges,’ said House Judiciary Committee ranking member Jamie Raskin (D-MD). ‘It's a whole new descent into government chaos.’ ‘The Trump administration again is breaking norms in how it's dealing with immigration, the legal system, and normalcy. ... This is stuff I expect from Third World countries… If ICE is allowed to be above the law, then clearly they need to have their operation looked at closely’ Rep. Mark Pocan (D-WI) told Axios. Said Rep. Greg Landsman (D-OH): ‘They arrested a judge?! They can no longer claim to be a party of law and order. This will have to be a red line for congressional Republicans. Unbelievable.’”

Fascist-aligned Republicans have a very different perspective. Derrick Van Orden, a neo-Nazi fighting for his political life in western Wisconsin said “It is abundantly clear that many activist judges around the country have been acting politically in order to sabotage President Trump's agenda, and disenfranchise the 77 million Americans that voted for him. Judges are not supposed to write the law, and they certainly are not above it.” Another neo-Nazi, Troy Nehls (R-TX), said “Lock em up!!”

In the Senate, Bernie took a lead role in denouncing the Trump regime for illegally usurping congressional powers… Let’s be clear. Trump's arrest of Judge Dugan in Milwaukee has nothing to do with immigration. It has everything to do with his moving this country toward authoritarianism. He is suing media that he dislikes. He is attacking universities whose policies he disagrees with. He is intimidating major law firms who have opposed him. He is ignoring a 9-0 Supreme Court decision to bring Kilmar Abrego García back from El Salvador, where he was illegally sent. He is threatening to impeach judges who rule against him. Trump's latest attack on the judiciary and Judge Dugan is about one thing— unchecked power. He will attack and undermine any institution that stands in his way. Trump continues to demonstrate that he does not believe in the Constitution, the separation of powers, or the rule of law. He simply wants more and more power for himself. It is time for my colleagues in the Republican Party who believe in the Constitution to stand up to his growing authoritarianism.” Fat chance!

Bottom line is this: The arrest of Judge Dugan is not just an attack on an individual— it is a direct assault on judicial independence and the constitutional separation of powers. In authoritarian regimes throughout history, from Mussolini’s Italy to Erdoğan’s Turkey, one of the first moves is to dismantle or neutralize the judiciary. Why? Because the courts are often the last institutional check on executive power. When judges become targets for criminal prosecution based on their rulings or perceived political leanings, the rule of law collapses into rule by decree. In fascist-aligned Hungary, Orbán’s government forced early retirements of senior judges and packed courts with loyalists, while in Poland, disciplinary chambers were created to punish judges deemed politically inconvenient. What’s happening to Judge Dugan follows this script precisely: arrest a judge under the guise of law enforcement, frame it as protecting national sovereignty, and signal to the rest of the judiciary that resistance has consequences. This tactic doesn’t just reshape the judiciary— it reshapes society’s understanding of justice. In Hungary and Poland, once the courts were cowed, the legal system was used to harass civil society groups, prosecute political opponents, and give a veneer of legitimacy to increasingly repressive measures. Trump’s arrest of a sitting judge isn’t about one undocumented immigrant— it’s a test of the system’s tolerance for autocratic power. And if it succeeds, as it did in Budapest and Warsaw, it will not be the last.

What we’re witnessing here is a transition away from democratic norms and toward a system in which legal authority is subordinated to political loyalty. The arrest of a sitting judge for allegedly shielding an undocumented immigrant— a move more akin to civil disobedience than high treason— sends an unmistakable message: dissent within the legal system will be punished. And we’ve seen this movie before. In Nazi Germany, Hitler’s regime swiftly moved to purge judges and lawyers who were deemed insufficiently loyal, creating “People’s Courts” where outcomes were dictated in advance. In Chile, after Pinochet’s coup, judges were intimidated into compliance or removed entirely. The arrest of Judge Dugan may seem like an isolated incident, but it is part of a pattern: the Trump administration is weaponizing federal power against institutions that could restrain it. When the judiciary is cowed into silence or stacked with loyalists, the road to authoritarianism is wide open.

If we assume Trump continues on this trajectory— criminalizing dissent within the judiciary— there are very real electoral risks for Republicans, especially in suburban and swing districts where voters may be conservative but still value democratic norms. It may be a popular show of strength to Trump’s extremist base, but it is likely to ultimately backfire with key voting blocs in the midterms. In recent years, we’ve seen American voters respond sharply when they perceive that core democratic institutions are under threat. In the 2018 midterms, for example, suburban districts swung hard against Trump-aligned Republicans, driven in part by concerns about the rule of law and the separation of powers. If the arrest is perceived not as a legitimate law enforcement action but as political retaliation against an independent judge, it risks galvanizing the same kinds of educated, middle-class voters— particularly women— who turned out in droves to flip the House that year. The Democrats could make strong gains among voters who may have once tolerated Trump’s bluster but draw the line at criminalizing judges.

Republican incumbents, especially those in purple districts or with a reputation for institutionalist conservatism, now face a choice: denounce Trump’s authoritarian tactics or risk being tarred by association. Many will try to thread the needle— staying quiet, or vaguely calling for “due process”— but silence may not be an option if the headlines continue. 

Summer Lee (D-PA) tweeted that “arresting judges is the kind of crackdown you see in a police state. This is how dictators take power. They manufacture crises, undermine our institutions, and erode our checks and balances. If they'll come for one, they'll come for all.’

Similarly, Jasmine Crockett (D-TX) tweeted that "Trump's playbook is simple: punish anyone who stands in his way. This ain't law and order— it's a rise of authoritarianism in real time.”

After Trump made a show of arresting Judge Dugan, Public Citizen and dozens of allied organizations— including Constitutional Accountability Center and Stand Up America, along with the American Federation of Teachers, Citizens for Responsibility and Ethics in Washington (CREW), Common Cause, Demand Justice, Indivisible, The Leadership Conference on Civil and Human Rights, MoveOn, National Women’s Law Center, People For the American Way— noted that “arresting judges is another page right out of the authoritarian playbook” and issued the following public statement:

We are deeply troubled by the Trump administration’s actions regarding the arrest of a sitting judge in Milwaukee. While the facts are still emerging, the manner in which this arrest was handled— deliberately turned into a public spectacle by administration officials, including the FBI Director— represents just the latest example of a broader campaign against the judiciary and Americans’ fundamental freedoms.

Donald Trump is not a king, yet his administration consistently works to erode judicial independence with intimidation tactics, public attacks on judges who issue what the Trump administration perceives to be unfavorable rulings, and blatant disregard for court orders. FBI Director Kash Patel’s public politicization of law enforcement in this matter demonstrates this administration’s calculated strategy to weaken checks and balances through political theater designed to intimidate the judiciary.

These assaults strike at the very heart of our democratic system and must be recognized for what they are— a direct threat to the constitutional principles that safeguard the liberty of all Americans.

Wisconsin state Sen. Chris Larson, who represents part of Milwaukee, and several of his colleagues from the state legislature released this letter on Friday after the arrest: