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Department of Justice leadership directed federal prosecutors to give them examples by Friday of hurdles they have encountered with judges when it comes to working on cases about attacks on law enforcement and antifa.
Deputy Attorney General Todd Blanche’s office sent the order one day prior to some U.S. attorneys, according to a memo reviewed by Fox News Digital. The memo instructed the prosecutors to give “2-3 examples of unusual judicial system obstacles” their offices have encountered in the courts in certain areas. The memo was first reported by Reuters.
The areas were laid out in a bulleted list and included assaults on law enforcement, obstruction of immigration authorities, investigations into certain “domestic terror organizations, such as Antifa” or “interstate threats, doxxing, and/or hoaxes.”
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Deputy Attorney General Todd Blanche testifies before the Senate Judiciary Committee in Washington, D.C., on February 12, 2025. (Daniel Heuer/Bloomberg via Getty Images)
The judicial obstacles, the memo said, should be those that cropped up when prosecutors were bringing charges, litigating cases or carrying out other legal processes.
The directive marks the latest instance of the DOJ targeting the judiciary as prosecutors fail to secure charges and convictions in some high-profile cases and as the Trump administration faces hundreds of lawsuits and frequent adverse rulings in the lower courts.
It also comes after Blanche railed against what he said were “rogue activist judges” and declared a “war” on them during a Federalist Society convention last week.
Federal agents face off with protesters outside the ICE building in Portland, Oregon, on Sept. 28, 2025, following President Trump’s order to deploy military troops to protect ICE facilities. (Mathieu Lewis-Rolland/Getty Images)
In a statement to Fox News Digital, a DOJ spokesperson said “judicial activists — liberals in robes” were improperly blocking the administration’s work and undermining the Supreme Court at times.
“Courts exist to apply the law, not invent policy from the bench,” the spokesperson said. “The Department is committed to strengthening our litigation posture at every level so we can better defend public safety initiatives and prevent activist judges from undermining the rule of law.”
Prosecutors have encountered roadblocks in the courts in numerous areas, including on immigration, federal appointments and firings, government funding, transgender policies, fights with big law firms and more. On rare occasions, the administration has turned to the Supreme Court for temporary relief in pivotal cases and almost always won.
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U.S. District Judge James Boasberg is seen at the E. Barrett Prettyman Courthouse in Washington, D.C. (Photo via Getty Images) (Getty Images)
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The DOJ filed misconduct complaints this year against two D.C. judges, Judge James Boasberg and Judge Ana Reyes, Obama and Biden appointees, respectively.
Judge Mark Wolf, a 78-year-old Reagan appointee, recently announced his retirement in the Atlantic and attributed it to his desire to speak out against Trump’s “assault on the rule of law.” Wolf said he now plans “to advocate for the judges who cannot speak publicly for themselves.”
