Stephen Miller's outside army
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Deputy Chief of Staff Stephen Miller is setting policy from inside the White House, but a legal group he co-founded is shaping policy from the outside, through legal complaints and lawsuits against corporations and even the Trump administration itself.
Why it matters: The group — America First Legal — is the latest example of how Miller has amassed power in the new administration.
- The law group is a key part of Miller's larger mission to make diversity, equity and inclusion (DEI) programs illegal across the country — based on the argument that they violate the civil rights of white people.
Driving the news: In recent weeks America First Legal has been aggressively filing complaints and lawsuits to try to make the federal bureaucracy comply with the new president's executive orders.
- The group has become a private enforcement arm of the White House's assault on DEI — or as it has billed itself, a right-wing version of the ACLU.
In early February, the group petitioned the Department of Education to investigate five school districts in Virginia for allegedly not complying with Title IX, which does not allow sex-based discrimination.
- Citing Trump's executive order on Jan. 29 that focused on K-12 schools, America First Legal argued that allowing transgender students who identify as girls to use girls' bathrooms would violate others' civil rights.
- Less than two weeks later, the Civil Rights office of the Education Department announced it was opening an investigation into the school districts.
Late last month, America First Legal petitioned the Labor Department to investigate whether outside federal contractors were in compliance with Trump's executive order banning federal contractors and subcontractors from "allowing or encouraging ... workforce balancing based on race, color, sex, sexual preference, religion, or national origin."
- The group singled out contractors such as Lyft, Meta, Paramount, Twilio and others.
Zoom in: America First Legal also has been filing and threatening lawsuits against corporations — including Apple — over their DEI policies.
- Several large tech companies, including Meta and Amazon, quickly backtracked after Trump's victory.
Apple and its CEO Tim Cook have been an exception — so far the company has stood firm.
- In February, the company fought a shareholder proposal aimed at its DEI policies.
- Cook has acknowledged the legal landscape could result in some changes but that "we'll continue to work together to create a culture of belonging where everyone can do their best work."
In response, America First Legal sent Apple a letter threatening that the company's role as a federal contractor could be in jeopardy.
- "If Apple continues to proceed with its DEI policies without disclosing the potential risks of lawsuits and market backlash to its shareholders, Apple could face significant liability in the future," the group wrote in a letter to Cook.
- "It is in the interest of Apple, its Board, and its shareholders to vote to abolish its DEI policies."
Zoom out: Miller isn't the only presence America First Legal has inside the Trump White House.
- His co-founder, Gene Hamilton, joined the White House as senior counsel. And Reed Rubinstein, America First Legal's senior vice president, has been nominated to be the State Department's legal adviser.
- Hamilton worked in the Justice Department and the Department of Homeland Security in the first Trump administration.
Asked whether Miller and Hamilton were still coordinating with the legal group, a White House spokesperson did not respond.
- America First Legal has received $27 million in donations in recent years from the Bradley Impact Fund, a group that sends money to conservative organizations.
The other side: The group has been adept at filing complaints and lawsuits that make for good headlines, but it also has been rebuked in court for making frivolous arguments.
- In late February, an Arizona judge dismissed one of America First Legal's many voting rights suits, saying its claims were "unsupported by facts or rely on convoluted readings of the election statutes."
