We Don't Elect Kings
Make no mistake... Trump has already broken the law. Will anything be done about it?
(Note: Buckle Up… this is a long one)
Back in the mid to late 1700’s, a plucky band of chaps, living in a British Colony, decided that the Rule of Kings wasn’t their cup of tea. (smirk)
So, they decided to go their own way. Wrote some cool stuff, had a little revolution, and built a little nation of their own. For the next 240+ years, that little nation went through some stuff, had some ups and downs (and one really big family feud), and grew up into one of, if not the singular world power. It’s been a pretty good run.
And now, well, it’s not in a great place.
You see, we don’t generally elect kings. Our founders specifically wrote the rules to prevent that, including what they thought were a strong set of checks and balances, designed to ensure that no one branch of government became too powerful. For most of our history, that is exactly what has happened. However, in the last three or four decades, one of those branches, Congress (which was always designed to be just a bit more powerful, as it holds the purse, or control over the nation’s finances) has slowly given its power away to the Executive. The reasons and means for this abdication of duty are numerous and outside the scope of this writing, but the net result is that the foundation of our system of balanced power has slowly been disintegrating. It has not been dramatically evident because we have not had a demagogue leading the Executive Branch… until now.
Imagine a three-legged stool. It is sturdy and can support a significant amount of weight. Until one of those legs weakens (or is removed altogether). At that point, no amount of balance will be able to keep the stool upright indefinitely.
Enter the Monarch
When Donald Trump first ran for office in 2016, many (including myself) dismissed his candidacy out of hand. He had zero political experience, had a dubious history of failed businesses, stiffed contractors, thinly veiled (or not veiled at all) racism and sexism, and was considered by many to be, well, an asshole. And yet he pulled of the shock of the century, winning the election and being thrust into the halls of power.
His first term was replete with ham-handed attempts to circumvent the Constitution and shape the government into his own blunt tool. The problem he faced was two-fold: First, he had surrounded himself with career politicians, military staff, and lawyers who were able to staunch his worst efforts. Secondly, the sheer incompetence of the execution of his plans led many to fail.
This time around he is not making those mistakes. He has spent the last four years working with seasoned politicians and extremists from organizations such as the Heritage Foundation. He has purged from his orbit all but the most sycophantic yes men (and yeah, they are almost all men) to ensure no pushback on his agenda from within.
Feeling flush with his imagined mandate, Trump has unleashed a flurry of Executive Orders, extending his “Dictator on Day One” promise to, well, the entirety of his nascent administration, so far. His orders leave no doubt as to his intentions for this term, and he is doing exactly what he said throughout his campaign that he would do. (Sadly unsurprisingly, many pundits, including some from his own party, appear to be surprised that he is doing all of the illiberal things he said he would. Some people apparently learned nothing from his first term, or don’t believe that ‘it can happen here’)
Trump’s orders and actions since taking power have run the gamut, from petty and vindictive to straight-up illegal. Hell, he broke the law even before taking the oath of office. He has also kicked the grift machine into high gear. Many people assumed that Trump 2.0 would turn the corruption to eleven, but aside from perhaps the most jaded, I doubt many thought it would be this pervasive, obvious, and brazen.
Let’s take a look at some of the most serious issues.
Flat Out Illegal
TikTok - At the tail end of the Biden administration, the United States Congress passed a bipartisan bill banning TikTok until such time as it was purchased by an American company. This bill was signed into law by President Biden, and after a lawsuit challenging it, was ratified by the Supreme Court. On Sunday, January 19th, TikTok went offline in the United States, despite Biden stating that the US would not enforce the ban. Prior to the SCOTUS hearing, Trump, who at the time was still simply a private citizen, submitted an Amicus Brief to the Court, asking them to delay the implementation of the law until after his inauguration so that he could “do a deal” to avoid the shutdown. He also met with the CEO of TikTok at his Mar A Lago home and invited him to the inauguration. The app was only down for a handful of hours, during which a message was displayed to users blaming the government while stating that the company was working with (remember, private citizen) Trump towards a resolution. Amazingly, the app returned after less than half a day, complete with adulation for Trump for fixing the issue.
To recap, Trump, a private citizen, usurped a law that was dutifully passed by both houses of Congress, signed by the President of the United States, and survived a legal challenge with a 9-0 ruling by the Supreme Court.
Funding Freeze - On Monday, January 27th, the Office of Management and Budget issued a widespread freeze of Federal Spending, setting off a firestorm of chaos, confusion, and uncertainty. The move was not only blatantly unconstitutional but directly violates the Impoundment Control Act of 1974 which essentially prevents the President from unilaterally rescinding funding that has already been appropriated by Congress, or exactly what Trump is trying to do with this freeze. While a Federal judge immediately issued an injunction allowing funds to be released, the administration still argues that the freeze is within the President’s powers.
Firing of Inspectors General - On Friday night, January 24th, the Trump administration fired 18 independent Inspectors General, the watchdogs that ensure that government agencies abide by the rules and laws that apply to them. While the President does have the ability to remove an Inspector General, there is a process by which this is done, including a requirement to submit to Congress any request for removal, providing rationale as to why the Inspector is being removed. Additionally, there is a requirement for 30 day notice to Congress before the removal. None of this happened, and most IGs did not return to their offices, with the notable exception of Phyllis Fong at the USDA, a 22 year veteran who reported to work on Monday and forced security to escort her from the building.
Not Illegal, Just Unconstitutional
Repeal of birthright citizenship - In perhaps his most brazen move, Trump issued an EO ending birthright citizenship; the bedrock principal that any person born in the United States, with a very narrow set of exceptions, is an American citizen. The relevant part of the 14th Amendment reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” There’s not any grey area there, and yet Trump has unilaterally declared that this not the case. Multiple lawsuits challenging this EO have already been filed, and the issue will likely be decided by the Supreme Court.
Deporting Pro Palestinian Protestors - Just this week, Trump issued another EO stating that persons who are on student visas and protest against Israel can have their visas revoked and be deported. While couched in terms of preventing anti-Semitism, this is clearly a nod to AIPAC and Trump’s partner in crime Bibi Netanyahu. The specific targeting of a very specific type of protestor is sure to lead to challenges via First Amendment protections.
Technically Legal, but Really Bad Form
Perhaps his most striking and surprising (to those who weren’t paying attention, including many in his own party as well as his Vice President) action on his first day back in office was the issuance of blanket pardons to almost all of the 1500+ people that took part in his coup back on January 6th, 2021. The few people that he did not pardon outright were some of the folks convicted of the most serious crimes, but he did commute their sentences, meaning every person who took up arms against our country has been released back onto our streets. Make no mistake, this sends a very specific message to, well, the world.
In an incredibly petty and dangerous move, Trump canceled the security details for former National Security Advisor John Bolton, former Secretary of State Mike Pompeo, and Pompeo aide Brian Hook. All three had threats (from Iran) that the Biden Administration took seriously enough to continue their protection. Because they spoke out against Trump, he canceled that protection, stating that “They all made a lot of money. They can hire their own security, too.” Trump also canceled the security for Dr. Anthony Fauci, who has received death threats from Trump supporters since breaking with the former president during the Covid crisis.
Both of these, along with many of the other hurtful, vindictive, and irresponsible orders are well withing the President’s powers, but serve no purpose other than retribution and furthering of the divide our nation is currently facing.
Let’s Not Forget the Grift
It would be irresponsible to discuss all of this without mentioning the ongoing grift that Trump has maintained since his first administration. Outside of failing to provide tax returns or divesting himself from his personal businesses while serving as President, Trump has leveled up the cash grabs heading into his second term.
$Trump Coin - 48 hours or so before his inauguration Trump announced that he was releasing a “meme coin”, a digital instrument that is, basically, an online Ponzi scheme. Within hours, Trump had amassed over $25 billion on paper due to his percentage ownership of this coin. These coins are not regulated in any way, and are quite often scams. As an added bonus, this scheme essentially allows anyone to anonymously give Trump any amount of money. Not that he would use this for nefarious actions…
“Settlements” - Shortly before the inauguration, ABC News’ parent company Disney announced that they were settling a defamation lawsuit filed by Trump based on questions asked during an interview. Disney made a $15 million dollar “donation” to the Donald Trump Library Foundation (anyone want to take bets as to if this Library ever opens its doors?) Just this week Facebook’s parent company Meta announced that they too are settling, this time for $25 million, also to the Library. Additionally, CBS News’ parent company Paramount is thought to be leaning towards settling a $10 billion lawsuit Trump filed against the network and its 60 Minutes news magazine, claiming that the show edited an interview with then presidential candidate Kamala Harris.
While the motivations for each settlement may be different on the surface, the underlying theme is the same: Trump can sue those he disagrees with or those who attack his agenda and these companies can then “settle” the suit, paying him some amount of money. It’s a genius form of bribery, perpetrated in broad daylight and with the legitimacy afforded by the legal system. It’s also corrupt as hell, but that’s the baseline these days.
One Last Thing
Here are a couple of stories to keep an eye on:
Tennessee Representative Andy Ogles proposed last week that the Constitution be amended to allow Trump to serve a third term. This week federal prosecutors announced that they were withdrawing from an investigation into Ogles’ finances. Convenient, that.
Embattled New York City mayor Eric Adams, who is facing federal indictment on multiple counts including bribery and wire fraud, made the Perp’s Pilgrimage to Mar A Lago the weekend before the inauguration to meet with Trump. Just yesterday Adams’ attorney met with Federal officials to discuss the case. Going out on a limb to say that ICE raids in NYC may be a bit easier than they have been in other Blue cities.
Unfortunately, this will likely be the standard during this administration. It’s also likely just a start. No matter what pushback Trump gets on these actions, he will have almost certainly clawed even more power back to the Executive, making future transgressions that much easier. Additionally, most Americans are either not paying attention or simply don’t care, because they don’t see that this affects them at all.
Perhaps they should.