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Josh Hawley's Illogical Defense of Trump's Lawlessness Reveals GOP's Blind Loyalty Over Constitutional Principles

Categories: Liberal Opinions
June 4, 2025

Senator Josh Hawley's argument that nationwide injunctions against Donald Trump represent weaponized government falls apart under basic scrutiny. Kate Shaw, co-host of the Strict Scrutiny podcast, dismantles Hawley's reasoning during a hearing, pointing out the more obvious explanation: Trump faces more injunctions because he's attempting more lawless actions. From claims of politicized prosecutions to defending unconstitutional executive orders like the birthright citizenship ban, Republicans have constructed a circular logic where holding Trump accountable for anything automatically proves corruption. Eight Trump-appointed judges have ruled against him with nationwide injunctions, undermining the conspiracy theory. The GOP's willingness to abandon critical thinking, constitutional literacy, and basic integrity in service of Trump has become the price of advancement in the party.

The Nationwide Injunction Argument

During a Senate hearing, Josh Hawley attempted to argue that the unprecedented number of nationwide injunctions against Donald Trump represented evidence of a weaponized judicial system targeting the president. He pointed to historical data showing that nationwide injunctions were rarely used before the 1960s and exploded during Trump's first term in office.

Kate Shaw, co-host of the Strict Scrutiny podcast, quickly dismantled this reasoning with a simple logical counter: "A very plausible explanation you have to consider is that he is engaged in much more lawless activity than other presidents."

When Hawley insisted the practice was never used before the 1960s, Shaw corrected him, noting that scholars trace the beginning of such injunctions to different periods, with some pointing to 1913 and others to earlier in the republic. She added an important contextual point: "The federal government was doing a lot less until 100 years ago, so there's many things that have changed in the last hundred or the last 50 years."

The exchange revealed Hawley's partisan framework: nationwide injunctions are acceptable when targeting Democratic presidents but represent judicial overreach when applied to Republicans. Shaw pointed out this double standard directly, asking how the system of law could survive on such principles.

The Weaponization Narrative

This tortured logic isn't new to Trump's defense. Throughout the 2024 campaign, while Trump faced multiple criminal prosecutions, Republicans consistently claimed these were examples of weaponized government rather than legitimate accountability for criminal conduct.

JD Vance tweeted: "Biden is attacking the most likely 2024 opponent. He's using the justice system to preemptively steal the 2024 election. This is what's happening, plain and simple."

Tucker Carlson went even further: "This won't stop Trump. He'll win the election if he's not killed first. But it does mark the end of the fairest justice system in the world. Anyone who defends this verdict is a danger to you and your family."

This talking point saturated right-wing media, with commentators claiming Democrats were making up crimes, conducting show trials, and rigging convictions with handpicked judges. Speaker after speaker appeared outside Trump's trial to denounce it as a "travesty of justice," a "sham," and evidence that America had become a "third rate banana republic."

The narrative conveniently ignored the actual criminal conduct: campaign finance violations, theft of classified documents from the White House, refusal to return those documents, attempted interference with election certification, and participation in a racketeering scheme in Georgia.

The Circular Logic Trap

The Republican defense of Trump has created an impossible logical circle: any effort to hold Trump accountable for his actions automatically becomes evidence of weaponized government. This means Trump can commit crimes with impunity, because attempting to prosecute those crimes proves corruption on the part of prosecutors.

Heads Trump wins, tails everyone else loses.

This framework serves a purpose for Republicans who need some explanation for Trump's corruption that allows them to keep their own hands clean. They don't want to answer for the administration's illegal orders, its attempts to eliminate due process, its defiance of court rulings, its firing of people without proper authority, its shuttering of agencies beyond its power to close, or its withholding of funds already allocated by Congress.

So instead, they aggregate all of these actions and pretend the entire situation represents a weaponized justice system rather than legitimate checks on executive overreach.

Fatal Flaws in the Argument

Two major points undermine this entire narrative.

First, at least eight judges appointed by Trump himself have ruled against him with nationwide injunctions. To believe Hawley's conspiracy theory requires accepting that even Trump's own judicial appointees are part of a grand plot against the very person who gave them their positions.

Second, Trump's lawlessness is plainly visible to anyone paying attention. Take the birthright citizenship executive order as an example. The reason multiple courts issued nationwide injunctions wasn't political bias—it was because the order directly contradicts the plain text of the Constitution.

The Fourteenth Amendment states clearly: "All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. Nor shall any state deprive any person of life, liberty, or property without due process of law, nor denied to any person within its jurisdiction the equal protection of the laws."

An injunction against an executive order that directly refutes constitutional text isn't weaponization—it's the judicial branch performing its fundamental role of checking executive overreach.

The Price of GOP Advancement

Josh Hawley's blind defense of Trump's illegality demonstrates how extreme partisan hackery has clouded the ability for critical thinking among Republican leaders. His willingness to ignore constitutional principles, basic logic, and observable reality in service of defending Trump isn't a bug in today's GOP—it's a feature.

Success in the modern Republican Party requires casting aside dignity, integrity, and honesty in deference to Donald Trump. This complete abandonment of constitutional literacy and critical thinking has become the path to advancement, allowing politicians to fail upward as long as they remain loyal to the party's leader regardless of his actions or their constitutional implications.

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Video Transcript

[00:00] the principle of when an injunction

[00:02] biting nonparties which was never done

[00:04] in this country before the 1960s and

[00:07] let's see the chart the Trump chart

[00:09] which was done really only once Trump

[00:13] came into office for the first time now

[00:14] you don't think this is a little bit

[00:15] anomalous you don't think that's a

[00:17] little bit strange a very plausible

[00:19] senator you have to consider is that he

[00:20] is engaged in much more lawless activity

[00:22] than other presidents right that you

[00:24] must never used before the 1960s and

[00:27] suddenly Democrat judges

[00:30] decide we'd love the nationwide

[00:31] injunction and then when Biden comes

[00:33] office now it's Republican appointees as

[00:35] well senator and the 1960s is where some

[00:37] scholars begin sort of locate the

[00:39] beginning of them maone who's another

[00:42] scholar of universal injunction suggest

[00:44] 1913 is actually the first others in the

[00:46] 20 endured the republic endured for 150

[00:49] years before a nationwide injunction

[00:50] well the federal government was doing a

[00:52] lot less until 100 years ago so I'm I

[00:54] you know there's many things that have

[00:55] changed in the last hundred or the last

[00:57] 50 years so so As long as it is a

[01:00] Democrat president in office, then we

[01:02] should have no nationwide injunctions.

[01:03] If it's a Republican president, then

[01:05] this is absolutely fine, warranted, and

[01:06] called for. How can our system of law

[01:09] survive on those principles? Professor,

[01:12] I think a system in which there are

[01:14] constraints on the president is a very

[01:17] dangerous system. That's Kate Shaw,

[01:18] co-host of the Strict Scrutiny podcast,

[01:20] giving Josh Holly a quick lesson in

[01:22] basic logic and common sense. Holly,

[01:25] among other Republicans, has decided

[01:27] that an unprecedented number of

[01:29] nationwide injunctions against this

[01:30] president means that the courts are

[01:32] stacked against him and just one more

[01:34] instance of the weaponization of

[01:36] government against dear leader Donald

[01:38] Trump, as opposed to the more logical

[01:40] reason, which is that Donald Trump is

[01:42] getting dealt more nationwide

[01:43] injunctions by the courts because he is

[01:45] doing more lawless things that the

[01:47] courts have to stop. Logic, what does it

[01:50] mean? And let's be clear, this isn't the

[01:52] first time that this tortured brand of

[01:53] reason has emerged in defense of Trump.

[01:55] Remember how we spent the entirety of

[01:57] the campaign while Donald Trump was

[01:58] contending with his prosecutions.

[02:00] Listening to Republicans claim that

[02:02] these prosecutions were examples of the

[02:04] weaponization of government. JD Vance

[02:06] would tweet, "Biden is attacking the

[02:08] most likely 2024 opponent. He's using

[02:10] the justice system to preemptively steal

[02:12] the 2024 election. This is what's

[02:14] happening, plain and simple." Tucker

[02:16] Carlson said, "This won't stop Trump.

[02:18] He'll win the election if he's not

[02:19] killed first. But it does mark the end

[02:21] of the fairest justice system in the

[02:23] world. Anyone who defends this verdict

[02:24] is a danger to you and your family. In

[02:27] fact, this talking point was ubiquitous

[02:29] across the right. Beware in the

[02:31] weaponized Biden criminal justice

[02:33] system, well, political differences are

[02:36] now considered especially heinous. And

[02:39] if New York's powerful Democrats hate

[02:41] your politics, well, a prison cell might

[02:43] well be in your future or some kind of

[02:45] conviction for something well that they

[02:48] make up. Without a second thought, well,

[02:50] those these Democrats, they'll make up a

[02:52] crime, conduct a show trial, rig a

[02:55] conviction with a handpicked Biden

[02:57] donating judge, regardless of the

[02:59] evidence, if they could even explain it.

[03:01] I called President Trump and told him I

[03:02] wanted to be here myself to call out

[03:05] what is a travesty of justice. And I

[03:08] think everybody around the country can

[03:10] see that this is the the the fifth week

[03:12] that President Trump has been in court

[03:14] for this sham of a trial. They are doing

[03:17] this intentionally to keep him here and

[03:20] keep him off of the campaign trail. And

[03:22] I think everybody in the country can see

[03:23] that for what it is. This is a

[03:25] politicized persecution that is nakedly

[03:28] apparent. This is a sham. This is not

[03:31] the United States of America. This is

[03:32] some third rate banana republic. If this

[03:34] were happening in another country, we

[03:37] would be laughing at them as a sham

[03:38] democracy. I am ashamed as an American

[03:41] citizen. You have a

[03:43] prosecutor who is ignoring crimes

[03:46] happening every single day in his

[03:48] jurisdiction and he chooses to go back

[03:51] many many years ago uh to try to use

[03:55] something about po pornst star hush

[03:57] money payments. You know, that's an

[03:59] example of pursuing a political agenda.

[04:02] lawfare at its finest or at its worst.

[04:05] Yes, it must be weaponized government

[04:08] and totally definitely not the fact that

[04:11] this president simply committed more

[04:13] crimes. Definitely not the fact that

[04:14] this president committed campaign

[04:16] finance violations and stole classified

[04:18] documents from the White House and

[04:19] refused to return them and tried to

[04:20] interfere with the certification of a

[04:22] free and fair election and engaged in a

[04:24] racketeering scheme in Georgia. Nope.

[04:26] any effort to hold him to account for

[04:28] his own actions is simply evidence of a

[04:31] weaponized government and he bears no

[04:33] responsibility for his own actions

[04:35] whatsoever. And so in effect it is

[04:38] actually impossible to hold Donald Trump

[04:40] to account for anything because if you

[04:41] try then it's automatically another

[04:43] example of weaponized government at the

[04:45] hands of the communist Marxist leftist

[04:47] Democrats. So Trump can commit crimes

[04:50] with impunity. And if you even try to

[04:52] hold him responsible for his own

[04:53] actions, in fact, you're the one who's

[04:56] corrupt. Heads eye win, tails, you lose.

[04:59] In reality, it's easier for these

[05:01] Republicans to pretend that Donald Trump

[05:02] being held to account for his own

[05:03] criminality is somehow the fault of the

[05:05] left because they need some excuse to be

[05:08] able to explain away his corruption

[05:10] while trying to keep their own hands

[05:11] clean. They of course don't want to have

[05:13] to answer for his administration's

[05:15] illegal orders. His administration's

[05:17] attempt to eliminate due process. His

[05:19] administration defying court rulings.

[05:21] His administration firing people they

[05:22] don't have the authority to fire. His

[05:24] administration shutting down agencies

[05:26] they don't have the authority to

[05:27] shutter. His administration withholding

[05:29] funds that were already allocated duly

[05:31] by Congress. And so it's just easier for

[05:33] the Republican party to take all of

[05:35] those things in aggregate and pretend

[05:37] that it's all just evidence of a

[05:38] weaponized justice system. Of course,

[05:41] that's undermined by a couple of points.

[05:43] First, there have been at least eight

[05:45] judges who Trump himself appointed who

[05:48] have ruled against him with these

[05:49] nationwide injunctions. So, to believe

[05:51] Holly's talking point, that would mean

[05:53] that even Trump appointees are part of a

[05:55] grand conspiracy against the very guy

[05:57] who gave them their jobs. And the second

[05:59] point is that we can all plainly see

[06:01] Trump's lawlessness. I get that Josh

[06:03] Holly wants us to get lost in the

[06:05] minutia of his argument and the

[06:06] intricacies of his details. But when

[06:08] Trump tries to ban birthright

[06:10] citizenship, for example, the reason

[06:12] that there were three nationwide

[06:14] injunctions is because birthright

[06:16] citizenship is guaranteed in the US

[06:18] Constitution. In fact, here's the plain

[06:20] text. All persons born or naturalized in

[06:23] the United States and subject to the

[06:25] jurisdiction thereof are citizens of the

[06:27] United States and of the state wherein

[06:29] they reside. No state shall make or

[06:31] enforce any law which shall abridge the

[06:34] privileges or immunities of citizens of

[06:36] the United States. Nor shall any state

[06:37] deprive any person of life, liberty, or

[06:39] property without due process of law, nor

[06:42] denied to any person within its

[06:43] jurisdiction the equal protection of the

[06:45] laws. So I would love for someone to ask

[06:48] Josh Holly whether he thinks an

[06:49] injunction against an executive order

[06:51] that directly refutes the plain text of

[06:53] the Constitution is wellounded or if

[06:55] that too is somehow evidence of a

[06:57] weaponized government. starting to

[06:59] understand why Holly's blind defense of

[07:01] Trump's illegality is so stupid. Holly's

[07:04] partisan hackery is so blatant, so

[07:06] extreme that it's clouding his ability

[07:08] to have even an ounce of critical

[07:10] thinking. And yet, that's what it takes

[07:12] to succeed in today's GOP. As long as

[07:14] you'll cast aside every bit of dignity,

[07:16] of integrity, and of honesty in

[07:18] deference to Donald Trump, you can fail

[07:21] all the way to the

[07:23] [Music]

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