Mr. President, yesterday marked 100 days since Donald Trump was sworn in as President. It happened right down that hallway. He promised a golden age for America. He has not delivered that golden age. In fact, in that 100 days, all he has…
Mr. President, yesterday marked 100 days since Donald Trump was sworn in as President. It happened right down that hallway. He promised a golden age for America. He has not delivered that golden age. In fact, in that 100 days, all he has delivered is chaos and destruction.
Consumer confidence is plummeting, and today we learned that our economy is shrinking. This is all a totally self-inflicted, Trump- inflicted wound on America and American families.
That is here at home. On the world stage, Candidate Trump promised to be the great peacemaker, to end the wars in Ukraine and Gaza on day one, but he has nothing to show for that other than distrust from our allies and smiles from our adversaries. He has thrown the Ukrainian people under the bus, and in Gaza, the hostages have not been released, and we are witnessing a humanitarian catastrophe.
Over the last 100 days, Donald Trump has embarked on a lawbreaking spree that has torn up our Constitution, torn apart our government, and torn down our economy.
Over 200 lawsuits have been filed in Federal courts around the country because we are watching this President break laws on every front, on everything from his illegal freezing and impoundments of taxpayer funds for important public programs that benefit communities all over the country, to his illegal firing of patriotic Federal employees, including many veterans who provide critical public services, to letting Elon Musk loose on Federal Government programs with a chain saw--not to make government more efficient but to rig government for the already rich and powerful like Elon Musk at the expense of everybody else.
President Trump has also been abusing his authority to create tariff chaos that has sent consumer confidence plummeting, badly damaging our economy. He is violating the First Amendment by cracking down on students at colleges and universities for their exercise of free speech and right to assemble and also violating another vital constitutional provision: the constitutional right to due process for those who live in America.
It is a staggering amount of lawbreaking in just 100 days. That is why all of us should fight back--in the courts, in this Congress, and in communities all over America.
We know that the American people don't like what they are seeing, what they are experiencing. They are rising up in communities all over America to voice their disapproval with President Trump's performance. They are giving him a big fat F for the first 100 days--total, miserable, failure.
The only people who don't seem to get it are some of our Republican colleagues here in the Congress who apparently live in constant fear of being on the wrong end of a tweet from Donald Trump or Elon Musk and want to look the other way in the face of this massive lawbreaking and ripping up of the Constitution.
So I want to take a little inventory, just a small sampling of the actions of this lawless President. I want to cover four categories: his violations of constitutional due process rights; his violation of First Amendment rights; his illegal withholding and impoundment and freezing of public funds that benefit communities all over America; and fourth, exceeding his authorities, claiming emergency powers that he doesn't have in the area of tariffs, making sham claims to justify his tariff chaos that is sabotaging our economy as we speak.
I want to start with Trump's violations of the constitutional right of due process--a bedrock American principle.
As we speak, President Trump is violating the due process of many, many individuals, including the rights of a man by the name of Kilmar Abrego Garcia, who was snatched off the streets of Maryland and illegally shipped to one of the most notorious prisons in Latin America, called CECOT. As I have repeatedly said, this case is not about one man alone. It is about all of us. I am not vouching for Mr. Abrego Garcia, but I am vouching for his constitutional right to due process--because, if Donald Trump can ignore court orders and trample over the rights of one man, he threatens the rights of everyone who lives in the United States of America.
Mr. Abrego Garcia had legal status in the United States. He lived in Maryland with his family. He had a work permit. He was an apprentice with the sheet metal workers, SMART Local 100, where he worked full- time to help support his family. He was driving in his car with his 5- year-old autistic son when he was pulled over by Federal agents. He was taken to some facility in Baltimore where he asked to make a phone call to let folks know what was happening. He was denied the opportunity to make that phone call.
He was then shipped to the State of Texas. From there, his feet were shackled. He was handcuffed. He was put in a plane where he couldn't see out the windows, and he didn't know where he was going, and he landed in El Salvador and was taken to one of the most notorious prisons in our hemisphere, a place reserved for the worst of the worst, for terrorists.
Now here is the thing: There was a standing court order not to deport him to El Salvador because doing so could put his life in jeopardy from gangs. Indeed, the Trump administration admitted in Federal court that Abrego Garcia was wrongfully seized and shipped to this prison in El Salvador. But instead of fixing the problem they admitted to in court, what did they do? They punished the lawyer who told the truth in court.
And now the Trump administration is ignoring orders from the Federal district court, the Fourth District Court of Appeals, and a 9-to- nothing order from the Supreme Court. We don't get 9-to-nothing decisions out of the Supreme Court very often. But that is what all those courts ordered the Trump administration to do with respect to facilitating the return of Mr. Abrego Garcia, to facilitate his return.
This is not just trampling over his rights. And, again, I want to emphasize: If you allow the President to trample over the rights of one person, you do threaten the rights of everybody who lives in America.
That is why yesterday I wrote to President Trump about this case, and I am going to read that letter to the Senate so no one can say they don't know what is going on in this matter.
Here is what I wrote in that letter:
Dear President Trump,
I read with great interest your interview with Time
Magazine regarding the Supreme Court's 9-0 decision ordering
you and your Administration to ``facilitate'' the return of
Kilmar Abrego Garcia, who your lawyers admitted in federal
court was wrongfully seized and deported to prison in El
Salvador. You conceded in that interview--
This is the interview he had with Time magazine just a short while ago.
You conceded in that interview that you have not asked
President Bukele--
That is the President of El Salvador--
to return him. You also said, regarding this case, that you
``don't make that decision'' because your lawyers do. Your
comments and the actions of your Administration clearly
demonstrate your failure to comply with court orders as you
continue to violate Mr. Abrego Garcia's constitutional and
due process rights--and when you deny the due process rights
of one person, you threaten them for everyone in America. The
American public knows this. Recent polling shows that a
majority of Americans reject your trampling over
constitutional rights in this case.
I went on to write this:
During my visit to El Salvador, I had the opportunity to
meet with [the] Vice President. . . . My conversation with
him revealed the extent to which you and your Administration
are violating the orders of the federal courts and the
Constitution of the United States. Our discussion--
Again, referring to my discussion with the Vice President of El Salvador--
showed that your Administration is doing nothing to comply
with and implement the Supreme Court order to ``facilitate''
Mr. Abrego Garcia's return to the United States and revealed
that the Government of El Salvador is holding him solely at
the request of your Administration and, specifically, because
you are paying them to imprison him.
While I had expected a private meeting with Vice President
Ulloa, when I arrived at his office there were several
cameras rolling--
I think they were probably his own private cameras. I don't know, but they were rolling to record the conversation.
[So] I agreed to have our conversation on the record.
And then I write:
[Mr. President,] I want to report some important details of
our [conversation].
Vice President . . . told me that, ``El Salvador is not
able to take any action regarding the case because the case
is in the U.S. and usually we do not express any opinion on
domestic affairs.''
He went on to say--
I quoted him again--
I mean, the ball is in your court.
Meaning the ball is in America's court, and he used that expression multiple times during our conversation.
I went on to tell President Trump that the Vice President of El Salvador:
. . . made clear that ``once the case will be resolved
definitely and there will be clear instruction regarding this
case . . . El Salvador's government will apply [our]
principles . . . of course we will act accordingly.'' He
indicated that, ``at this current moment we cannot take any
actions because the case is still in the United States'
situation.'' He reinforced this point throughout our
conversation, saying the ``bottom line is this is an issue
that has to be solved in the United States. We have not
expressed, we cannot express any opinion on that case,
because it is up to you.''
Again, this is what the Vice President of El Salvador told me and what I reported to President Trump in this letter.
I went on in my letter to President Trump to say:
All of this makes crystal clear that, even though your
Administration's lawyers admitted in federal court that Mr.
Abrego Garcia was wrongfully detained in Maryland and sent to
prison in El Salvador and despite the Supreme Court's order
to ``facilitate'' his return, your Administration has not
lifted a finger to comply with the court order. As [the] Vice
President. . . . indicated, ``the ball is in your court.''
When I asked--
And I am continuing to report this to the President of the United States.
When I asked [the] Vice President. . . . whether El
Salvador had any evidence that Mr. Abrego Garcia had
committed a crime, his response was, ``how can I have it?''
He said the Government of El Salvador does not ``qualify
those persons who are there, we just take them.'' I asked if
El Salvador is imprisoning Mr. Abrego Garcia simply because
the United States is paying to keep him and others there. His
response was, ``exactly, that's it.'' He also said, ``I mean,
if the person that you send is not a criminal, is not
whatever, I mean it is up to you, that's what I'm saying. I
don't want to express any opinion . . . I think it is up to
you . . . The ball is in your court.''
And the Vice President of El Salvador ``made it clear that they did not review the file of Mr. Abrego Garcia.''
He said, ``we have a deal with the U.S. government. They
send people. We host them. They pay. And that's it.''
When I asked the Vice President why El Salvador cannot
release Mr. Abrego Garcia from prison when the U.S.
government conceded in court that he was wrongfully
abducted--and whether he is being charged under El Salvador's
law--he responded, ``What is your recommendation to El
Salvador's government? We can take him to the airport and ask
an airline to take him to the States? Are you saying the
airline would take a person without a passport? What kind of
visa should we carry?''
He went on to say--this is the Vice President of El Salvador:
President Bukele said we cannot smuggle a person to the
United States. Because if we send a person without a visa,
tourist visa, working visa, student visa, what kind of reason
can we call to get legally into the United States?''
Regarding his papers, he asked, ``Who will provide that? We
don't have it.''
So I continued to report on this conversation in my letter to President Trump, and I said:
I repeatedly pointed out that neither I nor anyone else was
asking El Salvador to ``smuggle'' Mr. Abrego Garcia back into
the United States. That argument is, of course, a red
herring. I repeatedly pointed out that Attorney General Bondi
had said, when President Bukele was in the Oval Office with
you--
Referring to the President of the United States--
that the U.S. would send a plane to pick up Mr. Abrego
Garcia. So, I was not asking the Government of El Salvador to
``smuggle'' him into the United States, only to release him
from prison.
And I pointed out to President Trump that ``Your Administration illegally took Mr. Abrego Garcia to El Salvador in a plane, and Attorney General Bondi has said the United States could send a plane to pick him up. And the U.S. government can certainly provide him with the papers necessary to return.''
I went on in my letter to President Trump to say this:
My conversation with [the] Vice President. . . . clearly
demonstrates that the Government of El Salvador has no
independent legal basis for imprisoning Mr. Abrego Garcia;
that, as they readily concede, the only reason for keeping
him in prison is that they entered into an agreement with
your Administration to be paid by the United States. This
also reveals that your Administration could easily facilitate
his release by letting El Salvador know that--given his
wrongful detention--they are not contractually bound to
continue imprisoning Mr. Abrego Garcia. My conversation with
Vice President Ulloa shows that your Administration's claim
that El Salvador is exercising its ``sovereign'' decision to
continue to hold Mr. Abrego Garcia is a farce. The Government
of El Salvador is imprisoning him because your Administration
is paying them to do so and they claim to be contractually
obligated. Obviously, your Administration could say El
Salvador was no longer contractually obligated to imprison
Mr. Abrego Garcia. Then El Salvador can release him, and
Attorney General Bondi can, as promised, send the plane.
I went on to write to President Trump that:
It is outrageous that Mr. Abrego Garcia and his family have
been forced to suffer through this trauma because your
Administration has, to date, refused to follow the
requirements of the Constitution and the orders of the
federal courts. Instead of fixing the egregious
``administrative error'' that the Administration conceded has
wrongfully deposited Mr. Abrego Garcia in a prison in El
Salvador, your Administration chose to attack and punish the
lawyer who told the court the truth. That is shameful.
I went on to write to the President--I think this is important.
It is also shameful that you and your Administration
continue to try to change the subject in this case. You--
Referring to President Trump--
continue to put out information on social media asserting
that Abrego Garcia is a member of MS-13 and Vice President
Vance falsely asserted that he has been convicted of crimes
in the United States. Yet the federal district court judge in
this case said your Administration had presented the court
with ``no evidence linking Abrego Garcia to MS-13 or to any
terrorist activity.'' So your Administration should put up or
shut up in court. I am not vouching for the man, Kilmar
Abrego Garcia, I am vouching for his rights.
I am going to take a little departure here. I don't know if my colleagues witnessed the interview that President Trump had with an ABC reporter, Mr. Moran, yesterday, but it is all over social media because it turned out that, you know, President Trump had taken a picture of what was Abrego Garcia's fingers, and he had superimposed--or someone in the administration put an ``MS-13,'' written that on. That had been photoshopped or otherwise falsely there. Apparently, no one informed the President of this, or he just decided to pretend he didn't know.
In this interview, he said: He had MS-13 on his knuckles, tattooed. The reporter said: That was photoshopped. And Trump's response was to the reporter: Terry, they are giving you a big break of a lifetime. I picked you, but you are not being very nice.
Well, my point here, again, is whatever evidence there may be, the proper form to submit it is in the courts of the United States. And at least today, judges in those cases have made clear that the declaration has not relied on such evidence.
I went on in my letter to President Trump to say this:
It is also dangerous for you to suggest that we cannot
fight gang violence without trampling over constitutional
rights. More than two decades ago [I pointed out to him] I
helped establish a regional anti-gang task force to combat
MS-13 and other gang violence in the Maryland-Virginia-D.C.
area. We have made substantial progress in this fight, but
there is more that can be done. But that is not what you and
your Administration are doing. You are engaged in gross
violations of the Constitution and due process rights.
I then, in this letter, cite Judge Harvie Wilkinson, who wrote on behalf of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit the following. I am going to quote him, and I have this in my letter to President Trump:
It is difficult in some cases to get to the very heart of
the matter. But in this case, it is not hard at all. The
government is asserting a right to stash away residents of
this country in foreign prisons without the semblance of due
process that is the foundation of our constitutional order.
Further, it claims in essence that because it has [already]
rid itself of custody there is nothing [else] that can be
done. This should be shocking not only to judges, but to the
intuitive sense of liberty that Americans far removed from
courthouses still hold dear.
I should point out that Judge Wilkinson was a Reagan administration appointee and this was a unanimous opinion of the three-court panel.
I went on in my letter to President Trump to say:
The Fourth Circuit got to the heart of the case. Kilmar
Abrego Garcia was snatched from his car while he was driving
in Maryland with his five-year-old autistic son, then
illegally stashed away in a prison in El Salvador. His wife,
his mother, and his brother have been unable to communicate
with him in any way. He has a work permit and his fellow
sheet metal workers have been organizing to bring him back
[home], as have thousands of Americans. His constitutional
rights must be respected.
I close with this paragraph in my letter to the President:
This case is not about Kilmar alone. It is about everyone
in America. While Mr. Abrego Garcia is at the center of this
case, its consequences impact the due process rights of
everyone who lives in America. If your Administration can
strip away the constitutional rights of one man in defiance
of court orders, it can do it to all of us. I will continue
to fight to defend the Constitution and due process rights of
all who live in America.
That was my letter to President Trump. I haven't heard anything back from them, and they continue to violate the Supreme Court orders.
You know, colleagues, Members can look the other way but cannot deny the fact that this is happening as we speak today. I would urge every Senator to recognize the threat to everybody's rights under the Constitution.
Now I want to turn to another area of lawbreaking--constitutional violations being committed by the Trump administration because not only are they violating the due process clause of the Constitution in the Abrego Garcia case and others, but they are also tearing up the First Amendment and trampling over free speech rights of individuals in America, especially students on college and university campuses but many others as well.
The Trump administration and Secretary Rubio apparently think the First Amendment is like an a la carte menu. In other words, they seem to believe that the U.S. government can punish those who engage in speech that they don't like. That is not how it works. They don't get to cherry-pick speech under the First Amendment and use governmental power, state power, to sanction those who disagree with their points of view.
But that is exactly what they are doing in cases like those of Rumeysa Ozturk, Mahmoud Khalil, and Mohsen Mahdawi. Mohsen Mahdawi was illegally snatched as he was taking his citizenship test in the State of Vermont.
I want to read one of the questions that is on the U.S. citizenship test. It is important that everybody recognize what we ask those who are working to become citizens to understand. Question 6 on the citizenship test reads:
What is one right or freedom from the First Amendment?
And under it there are a number of things, but the first one on there is speech. The second one on there is assembly--speech and assembly. I think members of the Trump administration need to take a refresher course, the kind we ask citizens to take in this country because, apparently, President Trump, Vice President Vance, Secretary Rubio, and others would like to cross that question right off the citizenship test.
We observed recently, when Vice President Vance took an overseas trip, that he lectured some of our European allies like the UK and Germany about freedom of speech. He said that they had too many limits on freedom of speech; that they were curtailing freedom of speech for people who lived in their countries, but here at home, they are tearing up the First Amendment of the Constitution. Apparently, here at home for the Trump administration, freedom of speech exists only for those who agree with their point of view.
Mr. President, you know that our colleague who served with us, Senator Rubio, used to take to this Senate floor regularly to talk about an American foreign policy based on democracy, based on human rights, based on freedom of religion, and, yes, based on freedom of speech and suppression around the world, telling other countries that it was wrong to have the governments lock them up for expressing their points of view. And yet now in their home, Secretary of State Rubio is trashing freedom of speech. He is ripping up the First Amendment of the Constitution, and it is shameful. The American people should not stand for it because if you rip up the First Amendment for some people, you threaten it for everybody who lives in the United States of America.
I was fortunate to grow up in a Foreign Service family. We sort of went back and forth between the United States and other countries. I was proud to be from a family that represented the United States overseas. We are far from perfect, and we have a lot of work to do to live up to the principles that we say we stand for around the world. But one of the things we do--or used to do--is stand up as a beacon for human rights and freedom of speech. That is no longer happening. You can't say you want everybody else around the world to live up to that principle when you are violating it right here at home.
Now Secretary Rubio has doubled way back into a McCarthy-era statute from what was called the McCarran-Walter Act. That was a law passed at the height of the McCarthy era, and he is using that to claim that these students represent a threat to the foreign policy of the United States.
It is pretty pathetic that students expressing their views represent a threat to the foreign policy of the United States. We have students of all different faiths who are protesting the war in Gaza and advocating for Palestinian rights. Others may agree or strongly disagree with what they say, but to claim that they somehow represent a threat to the foreign policy of the United States is ridiculous. It is so clearly being used as a ruse to deny their First Amendment freedom of
speech rights that I hope the courts will see right through it. What it is, is an effort to punish speech.
Donald Trump's lawbreaking doesn't end with his efforts to tear up the constitutional rights of due process and the First Amendment. He is also tearing up article I of the Constitution by illegally freezing, withholding, and impounding funds for important public purposes--funds that have been appropriated by the Congress and signed into law.
The Trump administration has frozen billions of dollars of investments to support public services in communities all over America. The latest count is they are holding up about $430 billion that was appropriated by the Congress.
You know, just this morning, we had a hearing in the Senate Appropriations Committee about the Trump administration's freezing and cutting of funds for NIH, the National Institutes of Health. There was lots of powerful testimony from witnesses, including from a mom who was there with her daughter who had suffered through childhood cancer. And because of past research at NIH, her daughter's cancer was, thankfully, in remission, gone away. But she was there--the mother was there--to say she wants other families who have kids with cancer to have the same opportunities and that those opportunities only exist if we continue to do research into lifesaving cures and treatments. And yet, the Trump administration is sowing chaos at NIH and has frozen some clinical trials.
Meanwhile, Elon Musk and his DOGE cronies are taking a chain saw to the Federal Government and are destroying the ability of the Federal Government to deliver reliable services to the American people, like the damage they are doing at the Social Security Administration. First they say there is no more phone service, use the internet. People couldn't get through on the internet. Go to the local Social Security offices. We are closing the local Social Security offices, and, by the way, we are also firing thousands of people so there won't be anyone in those local offices. And then they say: Oh, well, maybe we better turn the phones on again.
This isn't about government efficiency. This is about rigging the government for people like Elon Musk at the expense of everybody else.
This is an issue that should concern every Member of Congress because it is a direct attack on article I, and it is an attack on the American people and their rights to have these investments made when their elected officials direct them to be made on their behalf.
And yet, just yesterday, the head of the Government Accountability Office, as we know by GAO, testified before a Senate appropriations subcommittee that the Trump administration was stonewalling GAO's efforts to investigate this illegal withholding of funds. Gene Dodaro, who is the Comptroller General, testified that the Office of Management and Budget ``has not been responsive'' to GAO's questions about the freezing of billions of dollars in funding Congress had already approved.
Now, this is not the first time we have seen a Trump administration violating the Impoundment Control Act. The last time President Trump was in office, he illegally withheld funds that the Congress had appropriated for helping the people of Ukraine, and he refused to spend those funds--Donald Trump did.
So, back at the time, I wrote a letter to the GAO, asking them to investigate that withholding to see if it violated the Impoundment Control Act. That is a statute of the United States of America. In that case, the GAO found that, yes, the Trump administration--the first round--had illegally withheld those funds. It was an illegal impoundment. So that is what we are seeing right now, and they are not even working too hard to show that they are violating the Impoundment Control Act.
When the head of OMB--the Office of Management and Budget--Russ Vought, was before the Senate Budget Committee for his nomination, at his confirmation hearing, I asked him about the Impoundment Control Act, and I asked him about the past violations of the Impoundment Control Act because, guess what, he also was the head of OMB at the time of the earlier violation, and Russ Vought is back at it again as the head of OMB. So when I asked him about the Impoundment Control Act at his hearing, I got this answer. I asked him about President Trump and the Impoundment Control Act. Here was his answer at the hearing:
Senator, the President ran against the Impoundment Control
Act.
My response to him:
Mr. Vought, I know what the President did. He wants to
change a lot of things. He can submit legislation to do that.
But you are going to be the head of OMB, and here today, at
this hearing, you are refusing to comply--to commit to
comply--with the Impoundment Control Act; is that right? Are
you refusing to commit to complying?
This dance went on and on, and never did he commit to comply with the Impoundment Control Act.
So that is what we are witnessing right now--a violation of the Impoundment Control Act.
We, the Senate, were supposed to get the Trump administration's spending plans for the remainder of fiscal year 2025 a few days ago. For many Agencies, we haven't seen them yet. So we don't know what they say their plans are, but we do know that, as of now, they are withholding about $430 billion of appropriated funds.
Finally, I want to talk about another area where Donald Trump is violating the law to the detriment of our economy, and that is in the area of tariffs.
Now, Presidents, of course, have some authority to apply tariffs, and I have supported targeted tariffs in the past for strategic purposes. But a number of small businesses around the country and others have filed lawsuits against the Trump administration for their illegal use of the International Emergency Economic Powers Act.
I see the ranking member of the Finance Committee on the floor here, and he has spoken to this many times, and I want to thank him for his leadership.
I do want to read directly from the complaint that has been filed because the complaint--and this is one.
Congress passed the International Emergency Economic Powers Act to counter external emergencies, not to grant Presidents a blank check to write domestic economic policy.
They go on to point out that, yes, we have a fentanyl crisis in America--all of us agree with that--but using this statute, which is for economic emergencies, and using the statute in the way the Trump administration is doing is a gross violation of the President's legal authority.
As we can see by the downturn in the economy--we just learned that we are seeing the economy contract; we are seeing consumer confidence plunge--President Trump's illegal use of that statute is causing incredible economic pain across the country.
So I want to end with this: When you see this kind of massive lawbreaking going on--violations of the due process clause, violations of the First Amendment, violations of article I and the Impoundment Control Act--I mean, you can just take a marker through the Constitution and cross out those provisions, right? The 14th Amendment--cross it out. The First Amendment--cross it out. Cross out article I. That is what everybody in this body who is not standing up to the President is complicit in right now.
What bullies do--and make no mistake, President Trump is a bully. What they do is they try to pick on people they think are weak. If the rest of us don't stand up for the rights of those people, then it is a very fast and slippery slope to losing the rights of everybody who lives in America.
So I hope that, as we review this first 100 days and the massive lawbreaking that is going on and the tearing up of the Constitution and the tearing apart of the government and the tearing down of our economy, we will all wake up because the American people are waking up. They understand what is going on, and they don't like what they see. So we had better do our jobs here in the U.S. Senate, and I hope, starting today, all 100 Senators will begin to do exactly that.
I yield the floor.