President Trump is expanding emergency powers to fight the border crisis, fentanyl, and corporate monopolies — but activist judges are striking back, threatening constitutional order. Steve Bannon and Mike Davis warn that partisan courts risk losing legitimacy with the American people, creating a potential judicial crisis while Big Tech continues to choke out competition and conservative voices.

Quick Clip:

Mike Davis On Rogue Activist Judges: "Their Job Is To Wear Robes, Not Capes" @mrddmia pic.twitter.com/Ag2LIlSFHN

— Bannon’s WarRoom (@Bannons_WarRoom) September 3, 2025

Trump Goes on Offense with Emergency Powers

On Bannon’s War Room, legal strategist Mike Davis broke down how President Trump is leveraging his constitutional authority. From invoking the Alien Enemies Act for mass deportations to bypassing Posse Comitatus restrictions for deploying the military in cities like D.C., Chicago, New York, and Los Angeles, Trump is pressing every tool available. According to Davis, activist judges are trying to block him — not out of law, but politics.

The Judicial Double Standard

Davis pointed out a glaring hypocrisy: for decades, unelected bureaucrats expanded the administrative state unchecked, yet courts rarely intervened. But when Trump acts within his constitutional mandate, suddenly activist judges rush to the barricades. "These judges are acting outside their lane,” Davis said, warning that they risk losing legitimacy altogether. Without public trust, the judiciary has no enforcement power — it relies on the executive branch to carry out rulings.

A Looming Constitutional Crisis

Davis compared today’s judicial overreach to Thomas More’s warning in A Man for All Seasons: when laws are cut down for political gain, nothing remains to protect the people. The danger, he said, is that courts are eroding their own foundation by pursuing partisan vendettas against an elected president. If Americans come to see judges as political operatives, the federal judiciary’s authority could collapse.

Big Tech: The Other Battlefield

Beyond the courts, Davis zeroed in on Big Tech monopolies — Google, Amazon, Facebook, and Apple — which he says have concentrated power to crush competition, shutter small businesses, and silence conservatives. While DOJ antitrust suits are underway, recent rulings handed down by Obama-appointed Judge Amit Mehta offered Google only a "timid remedy” despite acknowledging monopolistic behavior. Davis called this a major setback, insisting the DOJ must appeal.

The Stakes

For Bannon and Davis, this fight is about whether elected leadership can exercise constitutional power against entrenched elites — both in the courts and Silicon Valley. "These activist judges are being praised by the New York Times and CNN as heroes,” Bannon said, framing the judicial resistance as a deliberate effort to stall Trump’s agenda. Davis agreed, warning that the courts are playing for time, forcing Trump to fight harder and divert attention from other priorities.

Assessment: Trump is pressing forward with emergency powers and antitrust battles, but activist judges and tech monopolies remain entrenched obstacles. The risk isn’t just stalled policy — it’s a crisis of legitimacy for America’s judiciary, with profound consequences for constitutional order.

For more, visit Article3Project.org.

For more context, watch this WarRoom segment with Mike Davis:

Mike Davis On Rogue Activist Judges: “Their Job Is To Wear Robes, Not Capes”