Retired Federal Judge Accuses Trump of Waging War on Constitution

WASHINGTON — Retired Federal Judge J. Michael Luttig, a respected conservative jurist, has issued a blistering critique of President Donald Trump, accusing him of being “at war with the Constitution and the rule of law.” Luttig, who served on the U.S. Court of Appeals for the Fourth Circuit from 1991 to 2006, made the statement amid growing controversy over the Trump administration’s refusal to comply with a Supreme Court order to return a wrongfully deported Maryland man, Kilmar Armando Abrego Garcia.

Abrego Garcia, a Salvadoran immigrant legally residing in Maryland since 2011, was deported to El Salvador’s Terrorism Confinement Center on March 15, 2025, despite a 2019 court order barring his removal due to gang threats against his family. The Trump administration admitted the deportation was an “administrative error” but has resisted returning him, even after a unanimous 9-0 Supreme Court ruling on April 10 ordered the administration to “facilitate” his return. El Salvadoran President Nayib Bukele, meeting with Trump on April 14, refused to release Abrego Garcia, baselessly labeling him a “terrorist.”

Luttig, known for his staunch defense of constitutional principles, sees this as a dangerous precedent. His criticism echoes concerns from Democratic lawmakers like Senator Chris Van Hollen, who warned that the executive’s defiance threatens due process for all Americans. Luttig, who previously called Trump a “clear and present danger” during the 2022 January 6th Committee hearings, views the administration’s actions as a direct assault on judicial authority and the separation of powers.

The case has sparked outrage in Maryland, where Abrego Garcia lived with his U.S. citizen family. Protests have targeted ICE, demanding his return, while on X, reactions are split—some users echo Luttig’s alarm, with posts like “Trump’s lawlessness is a threat,” while others defend the administration, citing unproven gang allegations. Legal experts warn that this standoff could erode trust in the judiciary if the executive continues to flout court orders.

Luttig’s statement carries significant weight given his conservative credentials and influence, having mentored figures like Chief Justice John Roberts. As the Trump administration considers its next steps, possibly appealing the Supreme Court’s directive, the clash between executive power and constitutional limits intensifies. For now, Luttig’s words serve as a stark warning: ignoring the rule of law risks a broader crisis that could undermine the foundations of American democracy.

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