Washington — As Justice Department lawyers work to defend President Trump’s second-term policies in scores of lawsuits, the president’s proclivity for posting on social media is providing a trove of evidence for lawyers challenging his actions in court.
In at least a dozen cases out of hundreds that have been filed, judges have pointed to social media posts from Mr. Trump or senior members of his administration in their rulings against the government on a range of issues.
Some of the decisions came in First Amendment challenges stemming from actions the Trump administration has taken against law firms, news outlets and international students protesting against Israel. Others arose from attempts to withhold federal benefits and grants, fire scores of federal workers and end temporary deportation protections for immigrants from certain countries.
In one ruling blocking subpoenas issued by the U.S. Attorney’s Office in Washington, D.C., to the Federal Reserve, U.S. District Judge James Boasberg referenced more than 100 of Mr. Trump’s social media posts that denounced Fed Chairman Jerome Powell and found that the justifications for the subpoenas were pretext.
“A mountain of evidence suggests that the dominant purpose is to harass Powell to pressure him to lower rates,” Boasberg wrote of the subpoenas in his March decision. “For years, the President has publicly targeted Powell because the Fed is not delivering the low rates that Trump demands.”
Jeanine Pirro, the U.S. attorney in Washington, announced last month that her office is dropping its probe into Powell and renovations of the Fed’s headquarters.
“We say, let him keep talking. Let him keep tweeting,” said Skye Perryman, president and CEO of Democracy Forward, a legal organization that has filed hundreds of lawsuits against the administration. “Because every time that the president engages in or his associates and administration officials engage in this type of brash rhetoric, it is often helping us in court and exposing for both the court and the American people that the administration is taking a range of actions that are motivated, often unconstitutionally motivated, by the president’s own viewpoint or retribution agenda.”
One lawsuit brought by Democracy Forward lawyers on behalf of small businesses and nonprofit organizations last November challenged the Agriculture Department’s suspension of Supplemental Nutrition Assistance Program benefits during the government shutdown. A federal judge pointed to Mr. Trump’s venting on Truth Social as evidence that the administration withheld the food aid for political reasons.
Mr. Trump had declared that the benefits “will be given only when the Radical Left Democrats open up government, which they can easily do, and not before!”
“This Court is not naïve to the administration’s true motivations,” U.S. District Judge John McConnell wrote in his decision. “Far from being concerned with Child Nutrition funding, these statements make clear that the administration is withholding full SNAP benefits for political purposes. Such ‘unjustifiable partisanship’ has infected the USDA’s decision-making, rendering it arbitrary and capricious.”
The White House defended Mr. Trump’s use of social media and attacked lower court judges who have ruled against the administration.
“The American people love and value President Trump’s transparency. His posts aren’t the problem — the problems are the unrelenting, unlawful rulings issued by lower court judges pushing their own policy agenda who are clearly triggered by President Trump’s agenda,” Abigail Jackson, a White House spokeswoman, said in a statement to CBS News. “President Trump will not waver when implementing the America First initiatives he was elected on.”
Shining a light on decisionmaking
Since returning to the White House, the president has sought to use federal dollars as leverage against entities he has long criticized. In April 2025, the Trump administration said it would be freezing more than $2 billion in federal grants to Harvard University, citing the school’s treatment of Jewish students and antisemitism on campus.
Harvard sued, alleging that the moves to halt and then end the grants altogether were made in response to its refusal to comply with a slew of demands made by the Trump administration. U.S. District Judge Allison Burroughs ruled in favor of Harvard in September, finding in part that the administration retaliated against it in violation of the First Amendment. The Justice Department has appealed that decision.
Citing Mr. Trump’s social media posts after the administration announced its funding freeze, Burroughs wrote that those statements, among others from senior officials, “corroborate that the government-initiated onslaught against Harvard was much more about promoting a governmental orthodoxy in violation of the First Amendment than about anything else, including fighting antisemitism.”
Mr. Trump had called Harvard a “joke” that “should no longer receive Federal Funds,” and lambasted the school for “hiring almost all woke, Radical Left, idiots and ‘birdbrains’ who are only capable of teaching FAILURE to students.”
Nikhel Sus, chief counsel for Citizens for Responsibility and Ethics in Washington, said the contents of Mr. Trump’s posts, and his willingness to speak openly on all manner of topics, are causing trouble for the Justice Department as it seeks to defend the administration in court. But for the public, the musings provide a window into the president’s motivations.
“If the president is going to take a particular action and then he wants to speak to the American people through some social media channel or through the press in ways that are honest and the real reason behind a particular policy, even if they hurt the government’s legal case, I think that’s a good thing, because courts should not have to guess about why the president or the executive branch is taking a particular stance or adopting a particular policy,” he said. “To the extent that the government is making major decisions, it owes the American people an explanation of why it is making those decisions and it owes them an honest explanation.”
Similar to the decision to strip Harvard of federal funds, Mr. Trump signed an executive order that sought to keep National Public Radio and the Public Broadcasting Service from receiving public dollars because of what the president said was biased reporting.
The two news outlets argued the president’s directive violated the First Amendment because it discriminated and retaliated against them based on their viewpoint and editorial choices. Mr. Trump had often railed against PBS and NPR on social media, claiming they were a “Radical Left Disaster, and 1000% against the Republican Party!” and “arms of the Radical Left Democrat Party.”
U.S. District Judge Randolph Moss ruled the president’s executive order was unconstitutional and permanently blocked the Trump administration from enforcing it, finding that it targeted the outlets for viewpoints Mr. Trump dislikes.
“On this record, there can be no doubt that the Executive Order does not target Plaintiffs merely because they have a viewpoint or consistent perspective and therefore fail to live up to some yet-to-be-attained platonic ideal of ‘unbiased’ journalism, but because he views their speech as unfavorable to him and the Republican party,” he wrote.
Moss continued: “To be sure, the President is entitled to criticize this or any other reporting, and he can express his own views as he sees fit. He may not, however, use his governmental power to direct federal agencies to exclude Plaintiffs from receiving federal grants or other funding in retaliation for saying things that he does not like.”
Out-of-court statements generally are not admissible in court, according to the federal rules of evidence. But the statements by an opposing party are an exception. In the legal challenges against the Trump administration, those are typically from the president or senior officials.
“With this administration, where President Trump has taken a maximalist view of his authority as the president, his position is that the president has ultimate control over the entire executive branch,” Sus said. “So falling from that reasoning, statements he makes about things that his administration does and the executive branch does would bind the Department of Justice in litigation against the federal government.”
X and the 2020 election
The president has faced legal issues before as a result of his social media posts and public statements, most notably relating to the 2020 election and his alleged efforts to subvert the transfer of presidential power.
Civil lawsuits and the federal indictment related to the Jan. 6, 2021, assault on the U.S. Capitol relied in part on Mr. Trump’s tweets repeating false claims that he won the 2020 election and alleging election fraud in key battleground states. In those cases, then-special counsel Jack Smith and a group of Democratic lawmakers and U.S. Capitol Police officers argued that through his postings and public comments, the president deceived his supporters about the outcome of the 2020 election and fomented violence at the Capitol.
Smith’s prosecution of Mr. Trump ended after he won the 2024 election. But a recent decision from U.S. District Judge Amit Mehta allowed the civil suit to proceed after finding the president fell short of showing he was engaged in official acts and therefore is not immune from suit for that conduct.
Mehta evaluated nearly three dozen tweets from Mr. Trump related to the Jan. 6 attack and the 2020 election to determine whether they constituted official conduct — an analysis undertaken after the Supreme Court’s 2024 decision finding a former president is immune from prosecution for official acts that occurred while in the White House. He said that nearly all of these social media postings fell outside Mr. Trump’s duties as president and were the unofficial actions of a candidate trying to hold onto office.
A “Trumpian characteristic”
As Mr. Trump leans on social media to make pronouncements about personnel and policies — and level insults against his perceived political enemies — judges have been left grappling with how to evaluate his posts.
During an October hearing in a challenge to the president’s decision to federalize members of the Oregon National Guard and send them to Portland, U.S. District Judge Karin Immergut questioned Justice Department lawyers about the use of Truth Social posts from the president as justification for the deployment.
“Really? A social media post is going to count as a presidential determination that you can send the National Guard to cities? I mean, is that really what I should be relying on?” Immergut asked.
The president had said in a Sept. 27 post that he was directing Defense Secretary Pete Hegseth to send troops to “protect war ravaged Portland, and any of our ICE facilities under siege from attack by Antifa, and other domestic terrorists.”
Similarly, when a federal judge considered Mr. Trump’s bid to fire Lisa Cook from the Federal Reserve Board of Governors last year, she found that Cook did not receive notice and an opportunity to contest the allegations against her that prompted her removal. Mr. Trump had written on Truth Social last August that Cook “must resign, now!!!” and included a link to a news article about a referral letter to the Justice Department claiming she committed mortgage fraud.
Five days after his message, Mr. Trump shared on Truth Social a letter informing Cook she was being fired.
“The Court is highly doubtful that Cook should have been required to piece together the evidentiary basis for a ‘for cause’ removal from a scattered assortment of social media posts and news articles,” U.S. District Judge Jia Cobb wrote last September. “Even if the notice provided had been sufficient, Cook’s due process rights were nevertheless likely violated because she was not given a ‘meaningful opportunity’ to be heard.”
Members of the Supreme Court, too, questioned whether Mr. Trump’s social media post constituted sufficient notice.
“This whole case is irregular, starting with the Truth Social notice or thinking of it as notice at all,” Justice Sonia Sotomayor told Solicitor General D. John Sauer during oral arguments in January. “It certainly didn’t invite an opportunity to be heard.”
Justice Ketanji Brown Jackson later asked Cook’s lawyer, Paul Clement, about how the Fed governor would receive information about the allegations against her and the chance to contest them.
“Are you conceding that a posting on social media is sufficient notice in a situation like this when the president is seeking to remove a governor for cause?” she asked, later pressing Clement about what to do if Cook didn’t have a Truth Social account.
The Supreme Court has not yet said whether Cook can remain in her job, but appeared likely to reject the president’s attempt to oust her.
Ted Boutrous, a lawyer with the firm Gibson Dunn who has litigated scores of First Amendment cases, said Mr. Trump’s use of social media to make official announcements has become more pronounced in his second term, leaving courts wrestling with how to interpret his posts.
“He’s using Truth Social and these posts to make declarations and announce decisions as president, and so that’s where the courts seem to be going with these issues,” he told CBS News. “When that’s the chosen means of communication, then we should all be able to rely on them for better or worse.”
Beyond Mr. Trump, senior administration officials have also found their social media posts factoring into decisions from judges.
In March, U.S. District Judge Paul Friedman ruled in favor of the New York Times in its challenge of the Pentagon’s new restrictive press policy, finding in part that the rules discriminated on the basis of viewpoint in violation of the First Amendment.
Friedman cited a broadside shared to X by chief Pentagon spokesman Sean Parnell calling the New York Times and other news outlets “Trump-hating” and “obsessed with destroying anyone committed to President Trump’s agenda.” Parnell and another member of the Pentagon’s press team also lambasted the Washington Post on social media over its reporting, including calling for “severe punishment” of its reporters.
Journalists who signed the Pentagon’s new press policy, meanwhile, were praised by officials on social media.
“The undisputed evidence reflects the Policy’s true purpose and practical effect: to weed out disfavored journalists — those who were not, in the Department’s view, ‘on board and willing to serve,’ — and replace them with news entities that are. That is viewpoint discrimination, full stop,” Friedman wrote.
Boutrous, who represented the New York Times and NPR, said the social media posts are direct evidence of viewpoint hostility, which is a violation of the First Amendment.
“It’s really a Trumpian characteristic in that putting hostility and viewpoint discrimination on the record is extremely rare,” he said, adding, “it’s very unusual and it’s very powerful.”
