(May 15, 2026)

Judge Leon made preliminary findings that President Donald Trump’s administration likely violated Albanese’s right to free speech by imposing sanctions against her. In his 26-page decision, he discussed the applicability of the First Amendment to Albanese, including an extensive discussion of the significance of free expression. He wrote:

Albanese has done nothing more than speak! It is undisputed that her recommendations have no binding effect on the ICC’s actions–they are nothing more than her opinion… Finally, protecting the freedom of speech is “always” in the public interest… Indeed, the “proudest boast” of our First Amendment is that it protects the freedom to express even “the thought that we hate.” Enough said.