"We have Tyranny of the Judiciary," Elon Musk

by Harold Pease, Ph. D.

The Constitution is very clear, “The executive Power shall be vested in a president of the United States of America.” One, and only one, person elected by the whole nation in two ways—the people and also by the states through the Electoral College process. He, and those who serve with him, swear by oath to “preserve, protect and defend the Constitution of the United States of America.” He executes the laws of the land as passed by the Legislative Branch. All administrative authority come through this one person and through his office. Neither the elected Legislative Branch nor the non-elected Judicial Branch have administrative authority. No unelected bureaucrat or district judge has ANY independent authority

Yet it was the latter class that engineered the four, turns out, fake indictments against President Trump to destroy him in 2024. All America viewed those public displays of tyranny of the judiciary. Actually, they did much to elect Donald Trump.

Now district judges are coming out of the woodwork to thwart or destroy his sole administrative functions. Activist judges are stealing executive authority. These (mostly far-left Deep State judges) have blocked his cut off of federal funding to aid migrants entering the country illegally, his federal resignation plan of eight months advanced pay for those choosing to retire early, his audit access to Treasury’s and other departments vita data system to assess waste and fraud, his firing 2,000 USAID workers for funding un-American activities worldwide—even terrorists organizations, his NIH grant cuts which funded gain-of-function research, and his temporarily removing funding for some public health websites said to have weaponized the health industry.

An extreme case is Judge Amir Ali, a last November Biden appointee, who just ordered President Trump to release billions of foreign aid immediately (“Judge orders temporary reversal of Trump admin’s freeze on foreign aid,” By Bradford Betz, Fox News, February 13, 2025) Judge Ali has no authority to even advise the president on executive issues especially foreign aid—his position has no standing without perversion of the U.S. Constitution as written.

Currently there are 94 non-elected, appointed only, district court judges serving in 91 geographical districts. To think he, or any of the other district judges, has authority to restrict a president’s constitutional authority to govern the nation given him by the WHOLE country is beyond absurd. If 94 judges, each with their individual and varied political bias’ have authority to block the president of the United States we will never have an effective president or one that could curb the bureaucracy, the budget, or destroy the Deep State. These judges have effectively disarmed the executive branch of government something our Founders would have never tolerated. Yet they have poised themselves to block everything he advocates.

Elon Musk said it best, “If ANY judge ANYWHERE can block EVERY Presidential order EVERYWHERE, we do NOT have a democracy, we have Tyranny of the JUDICIARY.” (X, on X22 Report, Ep. 3582b, Feb. 26, 2025, 50:44). He added, “What is the point of having democratic elections if unelected judges can override the clear will of the people? Well, that's no democracy at all. The only way to restore rule of the people in America is to impeach judges. No one is above the law judges” (Ibid., Ep. 3583b, Feb. 27, 2025, 52:36).

Musk, an admitted life-long voting Democrat until Trump, may not know that the Founding Fathers did not create a democracy, they universally opposed it. They created a republic, because the majority does not, and can not, protect minority rights. Minority is defined as less than the majority not by race. A lynch mob is a democracy. One has the right to defend himself even if he is the only one in the room who believes so. It’s base is upon natural law not numbers. The Bill of Rights is a list of rights demanded by the people—even FROM THE MAJORITY.

But Musk did provide a constitutional solution to the tyranny of the judiciary problem—impeachment. But that would be way too time consuming, look bad, and be divisive for the nation. It is much better to get the matter before the Supreme Court and have a single rule nation wide on existing judicial tyranny and its usurping of constitutional executive branch authority.

However we do not have to wait until the Supreme Court can rule or even until Congress can stand together against judicial tyranny, it is law already on the books. There exists a solution right now ready for Attorney General Pam Bondi to implement. “A single district judge has issued a ruling blocking the executive branch from access to Treasury data,” something vital for the Executive Branch to know to govern fiscally and prudently. “There's a simple fix: DOJ should demand injunction bonds. Under Federal Rule of Civil Procedure, 65(c), judges can issue injunctions ‘only if’ the suing party post a bond to cover potential damages if they’re wrong. But …this rule is hardly used.… Frivolous lawsuits become a financial risk, not a free pass. The best part? This doesn't block activists from court, it just stops them from using preliminary injunctions to pause government action based on arguments that might not hold up in an appellate court.” (Thepoliticsbrief.com, Dan Huff, Feb. 15, 2025. Also the kylebecker.com, Feb. 15, 2025).

The Constitution is supposed to protect the innocent. Love him, like him, only tolerate him, or hate him, no phrase in that document can justify what they did to Trump in 2024 nor gives a district judge ANY independent authority over the executive branch of the United States.

About the author: Dr. Harold W. Pease is an expert on the United States Constitution and a syndicated columnist. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years. Newspapers have permission to publish this column. Read his weekly columns at http://www.LibertyUnderFire.org. This is column #810. Help preserve our Republic while we still can by sharing this column.