The Trump administration is considering the possibility of having a federal judge enforce any deal it reaches with Columbia University, a move that could give the White House continued influence over the prestigious institution. This arrangement, if implemented, would involve a consent decree that ratifies the agreement between the administration and the university, allowing for ongoing oversight by a judge.
The administration’s discussions about pursuing a consent decree come after the federal government revoked approximately $400 million in grants and contracts from Columbia, citing the school’s alleged failure to address harassment of Jewish students on campus. While a deal has not yet been reached between the two parties, the prospect of a consent decree could have far-reaching implications for the university and serve as a precedent for other schools engaging in negotiations with the White House.
A consent decree involves a judge approving an agreement between two parties, typically the United States and an entity under scrutiny, and retaining authority to monitor the terms of the agreement for an extended period. This approach, as reported by The Wall Street Journal, would require either the administration or the university to file a lawsuit in federal court to formalize the agreement as a consent decree.
Tobias B. Wolff, a law professor at the University of Pennsylvania, explained that a judge cannot simply decree an agreement without proper jurisdiction over a lawsuit. Therefore, the process of establishing a consent decree would involve legal action and approval from both parties. At present, neither the administration nor the university has initiated legal proceedings, and the inclusion of a consent decree in any final agreement remains uncertain.
Negotiations between administration officials and Columbia representatives have continued following the university’s commitments to enhance security measures, revise protest policies, and increase oversight of its Middle Eastern studies department. The potential pursuit of a consent decree stems from a task force within the Trump administration dedicated to combatting antisemitism, which initially targeted 10 universities, including Columbia.
Recently, Sean Keveney, acting general counsel of the Department of Health and Human Services and a task force member, deposed Katrina Armstrong, Columbia’s former interim president, as part of an investigation into alleged civil rights violations against Jewish students. In a leaked transcript of the deposition, Mr. Keveney accused Dr. Armstrong and the university of not adequately addressing allegations of antisemitism.
As the negotiations between the Trump administration and Columbia University unfold, the possibility of a consent decree looms large, potentially reshaping the dynamics of their relationship and setting a precedent for future engagements between universities and the White House.
