Donald Trump’s administration has made a “bold” and highly unusual legal move in response to emergency lawsuits filed against his executive orders—leaving legal experts stunned.
After being sworn in as the 47th President of the United States, Trump wasted no time, signing off on over 70 executive orders as of February 20. However, many of these orders have faced immediate legal challenges, including lawsuits over:
- Elon Musk’s newly created Department of Government Efficiency (DOGE) gaining access to sensitive federal payment records
- Trump’s executive order impacting transgender women in prisons
Now, in response to these lawsuits, the White House has circulated a memo invoking an obscure legal rule—one that could make it much harder for people to challenge the administration in court.
Trump’s Legal Move: A Rare Rule That Forces Plaintiffs to Pay
The memo, obtained by CNN, reveals that Trump’s administration is invoking a long-overlooked legal rule that could require anyone challenging the government in court to pay upfront costs before their lawsuit can proceed.
It states:
“It is the policy of the United States to demand that parties seeking injunctions against the Federal Government must cover the costs and damages incurred if the Government is ultimately found to have been wrongfully enjoined or restrained.”
In simple terms, this means that if someone sues to block a Trump policy but loses the case, they could be forced to reimburse the government for legal fees and other costs.
Why This Rule Is Controversial
Legal experts say this move could deter people from challenging Trump’s policies, as they may be unable to afford the risk of paying massive legal costs.
However, the final decision on whether to enforce these payments would fall to the judge in each case. Judges could:
✅ Waive the requirement entirely
✅ Set the amount at a low or high level
✅ Enforce full payment, making lawsuits financially impossible for many challengers
Legal Experts React: ‘I Can’t Believe They Found This Rule’
Legal experts have been shocked by the administration’s strategy.
Washington lawyer Mark Zaid told CNN:
“It’s a very bold move that violates norms and could give the Trump administration incredible power.”
CNN reporter Katelyn Polantz described how legal experts reacted when she asked if the rule was real:
“People, even liberal lawyers involved in these cases, started laughing and said, ‘Wow, I can’t believe someone found this rule.’ They can invoke it—no one ever does—but the Trump administration is going for it.”
Why Trump’s Administration Says the Rule Is Necessary
The memo defends the move by arguing that lawsuits against Trump’s executive orders are wasting taxpayer money and delaying policies Americans voted for.
It states:
“Taxpayers are forced not only to cover the costs of their antics when funding and hiring decisions are enjoined, but must needlessly wait for Government policies they voted for.”
The memo also claims that legal challenges drain resources from the Department of Justice, preventing it from focusing on public safety and law enforcement.
A Legal Battle Like No Other
While Trump’s administration has often tested legal boundaries, this little-known rule could become one of the most aggressive strategies yet to block lawsuits and fast-track controversial policies.
The final decision now lies with the courts—and legal experts say this battle is just beginning.
