The federal judge assigned to oversee the criminal case against former Trump national security advisor John Bolton is an Obama-era appointee who made headlines during both Trump administrations for halting or pausing some of his most sweeping executive orders.
U.S. District Judge Theodore Chuang, a 2014 appointee to the federal bench in Greenbelt, Maryland, is far from the only judge whose rulings have been viewed by Trump allies as unfavorable to the administration. Dozens of judges have issued temporary orders and injunctions during Trump’s second term aimed at pausing or blocking certain directives while courts consider their merits.
But Chuang is noteworthy for being the judge who in 2017 issued a nationwide injunction blocking Trump’s revised ‘travel ban’ from taking force. The March 2017 executive order suspended travel for 90 days from six majority-Muslim countries — Iran, Libya, Somalia, Sudan, Syria and Yemen — and paused the entry of asylum seekers for 120 days.
Chuang ruled that Trump’s order was likely motivated by anti-Muslim sentiment, describing it as a revised ‘realization’ of Trump’s ‘long-envisioned Muslim ban,’ which he had floated repeatedly during his first presidential bid.
‘Simply because a decisionmaker made the statements during a campaign does not wipe them from the ‘reasonable memory’ of a ‘reasonable observer,” he said in the injunction, which was quickly appealed to the 4th Circuit U.S. Court of Appeals.
Shortly after Trump took office in January, Chuang again drew the administration’s ire when he blocked Trump and the Elon Musk-led Department of Government Efficiency (DOGE) from continuing efforts to dismantle the U.S. Agency for International Development. In a 70-page ruling, he said the actions likely violated the U.S. Constitution ‘in multiple ways.’
The preliminary injunction was the first to attempt to constrain DOGE, which at the time had already cut 98% of USAID staffers. The 4th Circuit also set aside Chuang’s ruling on appeal several weeks later, clearing the way for DOGE to continue its efforts to gut USAID.
Chuang has also presided over lesser-known cases, including temporarily suspending in-person requirements for women who were seeking the morning-after pill during the COVID-19 pandemic. That decision was later reversed by the Supreme Court in a 6-3 decision.
Trump’s executive actions and orders have sparked 220 lawsuits since January, according to a litigation tracker from Lawfare Media.
Many of the early actions were blocked by federal judges, including Chuang, through emergency orders or temporary injunctions pending review.
(Court watchers and legal experts attribute this imbalance to congressional inaction, which has prompted an increase in executive orders by the last four presidents and, in turn, more judicial review.)
Like other federal judges who have held up Trump’s agenda, if only temporarily, in his second term, Chuang’s orders have been castigated by the president’s allies and some Republicans in Congress.
Earlier this year, Rep. Andy Ogles, R-Tenn., introduced a House resolution seeking to impeach Chuang and five other federal judges who had challenged Trump administration actions. (The attempt prompted a stern warning from the New York City Bar Association, which cited ‘grave concerns’ about the effort.)
Bolton appeared Friday in federal court in Greenbelt, Md., where he pleaded not guilty to 18 counts.
Bolton’s indictment makes him the third Trump foe to have been indicted in federal court in as many weeks, following the high-profile indictments brought against former FBI Director James Comey and New York Attorney General Letitia James. But his case has not touched off the same concerns or allegations of political retribution as the others.
The investigation into Bolton’s handling of classified materials moved forward in part during the Biden administration, and career prosecutors in the U.S. attorney’s office signed off on the charges — a contrast to the cases against Comey and James, which were brought by Trump’s former attorney Lindsey Halligan.
A magistrate judge ordered Bolton released on the condition that he remain in the continental United States and surrender his passport, which he did. His next court appearance is scheduled for Nov. 21.