Category Justice

You damn right nobody’s ever seen anything like this before

Pat Ryan 2 Comments

Do I have this straight: the president as a private citizen sued a department of his own government for billions of dollars, then dropped the suit as the Justice Department announced a fund that gives (essentially) him control of $1.8 billion to disburse at his whim, with no oversight, and the government agreed never to audit any of his prior income tax returns?  That doesn’t seem right…how did we get here?

As a candidate for president, who later was convicted of multiple dozens of felonies, he was asked to release his income tax returns as is customary in these elections, but said he was being audited and would release them once the audit(s) were complete.  (There is no law that prohibits the release of returns that are under audit, although some lawyers would urge their client not to while the matter is ongoing; the public release of tax returns is a nod to openness and to prove that the candidate will have no secret conflict of interest once in office.)

But then this candidate never did release his tax returns, and never gave any further reason why he chose not to do so.  (Some returns were released later by a House committee, though.)

The candidate (and we all know who I’m talking about) won the 2016 election, and later some of his federal tax returns were published after an investigation by the New York Times.  Those returns show the man who claims enormous wealth twice paid only $750 in federal income tax.  This same man had proudly boasted during the campaign that not paying taxes was an indication of his intelligence, rather than his greed or his unwillingness to pay his fair share of the operation of our nation’s government.

After the twice-impeached former president won re-election in 2024, which itself forced the termination of several other criminal cases against him due to a custom not to prosecute sitting presidents, he filed a $10 billion lawsuit – yes, TEN BILLION DOLLARS – against the Internal Revenue Service – yes, an arm of the same Executive Branch that he himself was now (again) the leader of – to recover for the alleged damages done to him by the Service’s alleged laxity in allowing his tax returns to have been published against his wishes.  That’s right: the president admits – he swears in the suit– that letting the public see his tax returns “caused Plaintiffs reputational and financial harm, public embarrassment, unfairly tarnished their business reputations, portrayed them in a false light, and negatively affected President Trump, and the other Plaintiffs’ public standing.”  Curious claim for such an outstanding and successful businessman, right, but there it is.

As the judge assigned to this case started to ask questions that indicated the suit may not have smooth sailing – that, for example, there didn’t seem to be any real conflict here if the president is suing his own government and he controls the lawyers on both sides – the president announced he has withdrawn the lawsuit.  As is his right.

But THEN, the president’s Justice Department – which has in this second TFG Administration brought shame upon itself and the nation for openly seeking revenge (under the cloak of “justice”) against the boss’ political enemies and those of the boss’ supporters – announced the creation of a giant (insert your own descriptive adjective here) fund controlled by the president’s supplicants that can be distributed by them/him, with no oversight from Congress or the courts, to those who claim damages from being victimized by a previous government of another party which had attempted (ineptly and too slowly, it turned out) to investigate allegations of lawbreaking by TFG himself.  And by his minions.

Mr. Trump’s decision to drop his suit against the I.R.S. appeared to be intended to strip Judge Kathleen M. Williams, who had been overseeing the I.R.S. case in the Southern District of Florida, of her appointed role in approving a formal settlement agreement. By dismissing the case in its entirety, Mr. Trump was able to reach an agreement with his own appointees [emphasis added] without risking the rebuke of an impartial and independent arbiter. Judge Williams, tacitly acknowledging her hands were tied, accepted the president’s dismissal of the suit and formally closed the case by the end of the day.

(snip)

Money for the fund will come from a special, unlimited account available to the Justice Department for settling lawsuits. That pool of money gives the department the authority to make monetary settlements without needing approval from Congress. A group of five people, selected by Mr. [acting attorney general Todd] Blanche, will oversee the operations of the fund, though Mr. Trump can fire its members at will. It will stop processing claims on Dec. 15, 2028, weeks before Mr. Trump leaves office.

Creation of the fund, which could be used to compensate Trump supporters who ransacked the Capitol on Jan. 6, 2021, is sure to please a president who has demanded not only retribution but recompense. But it could create major political problems for congressional Republicans already dealing with the political ballast of his unpopularity — and who will now be forced to say if they support or oppose allocating taxpayer cash to his allies at a time when many Americans are struggling economically.

AND, the agreement attempts to protect itself by claiming up front that no arm of Congress or the courts, or anyone else on this planet or any other, in perpetuity, has any legal right to try to do anything at all about it.  (We’ll see about that: two police officers who were in the Capitol on January 6 have already filed suit to block creation of the fund.  I bet there will be others.)

AND MORE THAN THAT, this agreement also bars the IRS from auditing TFG’s previous tax returns, or those of his sons, or their companies.  For ever.  (A get out of jail free card?  An after-the-fact non-disclosure agreement, shielding any evidence of any prior tax evasion?)

Is that about it?  What should we think about all this?

“This is one of the single most corrupt acts in American history,” said Donald K. Sherman, president of Citizens for Responsibility and Ethics in Washington, a nonprofit legal watchdog group that has been critical of the administration.

But others disagree, including some of the nearly 1600 people indicted for their role in the January 6 attack who have already been pardoned or had their convictions dismissed.  By TFG.  They could be getting a payout from the government they attacked.

Some felt that the fund validated their self-image as victims of the government. Others felt elated — albeit somewhat stunned — at the prospect of a payout. And not a few felt a bit confused at how the process of filing claims and receiving checks could play out.

“So many questions,” said Enrique Tarrio, the leader of the far-right Proud Boys who was sentenced to 22 years on a seditious conspiracy conviction arising from the riot. “But it’s a good direction.”

From the “most corrupt ever” reactions, to the folks annoyed by the nuisance of filling out the application, a more pertinent question (or impertinent, if you are TFG) would be, is this legal?  The answer is, I think: we will see.

The whole enterprise was a jarring shock to the conventional understanding of the constitutional system, raising what legal experts said were profound questions about presidential power. If the arrangement is allowed to stand, they said, Mr. Trump will have managed simultaneously to thwart Congress’s power of the purse and the ability of the courts to police the separation of powers.

(snip)

Professor [Samuel] Bagenstos, who served as the general counsel of the Office of Management and Budget and of the Department of Health and Human Services in the Biden administration, wrote in January about the danger posed by the Judgment Fund.

“An administration that wished to spend money on projects or beneficiaries not authorized by Congress,” he wrote, “could simply encourage its desired recipient to bring a lawsuit against the United States and then settle that lawsuit (no matter how frivolous) by making a payment from the Judgment Fund.”

While Congress has ceded power to the executive branch, it could also reclaim it. Indeed, Senator John Thune, Republican of South Dakota and the majority leader, said on Tuesday that he expected lawmakers to scrutinize how the president’s lawsuit had been ended.

(snip)

A Justice Department news release on Monday said that the “plaintiffs” — that is, Mr. Trump and his family — “will receive a formal apology but no monetary payment or damages of any kind,” a provision the White House used to defend the fund. Still, the opportunity to help direct payments approaching $2 billion to allies has value.

So does the elimination of the threat of an audit. In 2024, The New York Times reported that Mr. Trump could face a tax liability of more than $100 million.

The deal was open to question for other reasons.

The I.R.S. had plenty of defenses to Mr. Trump’s suit. For instance, it might well have been barred by the statute of limitations.

Nor was it clear that the agency was liable for the acts of Charles Littlejohn, a former I.R.S. contractor who pleaded guilty to leaking Mr. Trump’s tax information and whose actions Mr. Trump had cited as a reason he had been wronged by the government.

The sum Mr. Trump sought was also roughly equal to the agency’s annual budget.

And the suit was palpably collusive, ordinarily a reason for a judge to toss a case.

Tuesday’s addendum to the settlement, the codicil purporting to immunize Mr. Trump and his family, raised its own legal questions.

(snip)

Even under the Supreme Court’s 2024 decision conferring broad immunity on Mr. Trump for his official acts, purely private conduct, as the filing of a tax return would seem to be, is fair game for prosecution after a president becomes a private citizen. It is not clear whether the addendum could block a future administration from pursuing such a claim.

Weaponization for me, but not for thee

Pat Ryan Leave a comment

Hey Pat, why can’t you ever say anything nice about President Trump?

Um…how about this: he really knows how to hold a grudge, like nobody’s ever seen before!

You remember how he campaigned against the alleged/imagined “weaponization” of Joe Biden’s Justice Department, claiming it was “weaponizing the legal force of numerous Federal law enforcement agencies and the Intelligence Community against those perceived political opponents in the form of investigations, prosecutions, civil enforcement actions, and other related actions.”  He was so serious about it that he made it the subject of one of those first executive orders issued the very evening he was inaugurated last year.  Today I read that order more closely and realized that it states its purpose as setting “forth a process to ensure accountability for the previous administration’s weaponization of the Federal Government against the American people” (emphasis added) and directs the Administration to “correct past misconduct by the Federal Government” from such weaponization.  It never promises that this Administration won’t do the same as it claims Biden’s did.

Now, I can’t say for a fact that the Biden Justice Department (or that of any other previous president, except probably Nixon’s) never never ever went after political opponents when there was no legal case, although I have strong doubts.  But the poor Biden Administration clearly has nothing to compare to what’s going on now.  Why, just today, the Justice Department got a new indictment against former FBI director James Comey, a critic of Trump.

An indictment filed in North Carolina charged Mr. Comey with making a threat against the president, and transmitting a threat across state lines, according to court records.

The new case represents another twist in the department’s tortured efforts to satisfy the demands of Mr. Trump to pursue criminal charges against Mr. Comey, a longtime target of the president’s wrath. The first indictment against Mr. Comey was thrown out by a judge, and other prosecutorial efforts against Trump targets have faltered in the face of grand juries or judges.

(snip)

The new Comey charge stems from an incident nearly a year ago, when Mr. Comey, vacationing on the North Carolina coast, posted a photograph on social media showing seashells arranged to say “86 47,” combining the slang term “86” often used to mean dismiss or remove with an apparent reference to Mr. Trump, the country’s 47th president.

Members of the administration, as well as Mr. Trump’s family, declared that the meaning of “86” was to kill, and that the seashell message amounted to a threat to assassinate the president.

Seashells spell death threat by the seashore?

The original Comey indictment, alleging he made false statements and obstructed justice in connection with Senate committee testimony in 2020 (and had nothing at all to do with seashells), was thrown out by a judge who determined that the acting U.S. Attorney who worked the case had been illegally appointed.  By a president who likes to make his own rules.

Also today, a former federal prosecutor “who accused the Trump administration of firing her last year for political reasons, may proceed with a lawsuit in federal court over the government’s objection, a Manhattan judge ruled on Tuesday.”  Her name is Maurene Comey, James Comey’s daughter, who claims…

“…in her suit that there was no plausible explanation for her abrupt July 2025 dismissal other than Mr. Trump’s enmity toward her father or her “perceived political affiliation and beliefs, or both.”

The Trump administration had asked the judge, Jesse M. Furman of Manhattan federal court, to dismiss Ms. Comey’s suit against the government, saying it had to be pursued first before the Merit Systems Protection Board, an independent agency that hears complaints from federal workers about employment actions.

But Judge Furman held that her claim was “outside the universe of cases” that Congress intended the board to resolve, and therefore the court had jurisdiction to consider the suit. The judge did not rule on the merits of Ms. Comey’s claim.

This president has appointed a lawyer who tried to overturn the 2020 election result as the new head of the investigation of an Obama-era CIA chief who has been highly critical of Trump since he first took office.

[Joseph] DiGenova is a staunch Trump ally who repeatedly pushed conspiracy theories alleging the 2020 election was stolen. In 2021, he was forced to apologize to Chris Krebs, the former director of the Cybersecurity and Infrastructure Agency who was fired during Mr. Trump’s first term, after Krebs said he felt the 2020 election was free of major fraud or interference.

Krebs later sued DiGenova after he called for Krebs to be “drawn and quartered” and “shot” during a television appearance. Those comments, Krebs later alleged, sparked death threats against him.

This president’s Justice Department has charged a long-time civil rights group with financial crimes, “accusing it of defrauding donors by using their money to secretly pay informants inside extremist organizations.”  The fact that such an investigation will please MAGA’s white supremacist wing: just a coincidence.

At a news conference announcing the charges, Todd Blanche, the acting attorney general, said that from 2014 to 2023, the group made payments totaling more than $3 million to people who were affiliated with extremist organizations like the Ku Klux Klan and the National Socialist Party of America. The law center, he added, was “doing the exact opposite of what it told its donors it was doing — not dismantling extremism, but funding it.”

The indictment, however, offers little to support the notion that the group’s payments to informants was meant to aid the extremist groups they had infiltrated.

“Main Justice” had been investigating Jerome Powell, the Federal Reserve Board chair – who Trump himself appointed to the job back in his first term – on flimsy fraud charges, apparently in an effort to strongarm Powell into lowering interest rates.  Which the majority of the board (not just Powell alone) has repeatedly decided not to do, for reasons having nothing to do with the president’s political popularity.  But when some senators refused to approve Trump’s nomination of a new Fed chair while this Powell investigation was on-going, his puppet U.S. Attorney made the surprise announcement that the investigation was closed! 

The decision came just two days after Jeanine Pirro, the U.S. attorney for the District of Columbia, vowed to continue the investigation despite a federal judge dealing the inquiry a crippling blow in court last month.The move reflected the reality that Mr. Trump, who has spent years trying to get rid of Mr. Powell and browbeating him to lower interest rates, would not be able to install his choice for the job while the inquiry continued.

Curious, I think, that in closing the investigation Pirro thought to reserve the right to restart it again later, “should the facts warrant doing so.”  You don’t suppose she knows something we don’t?

Meanwhile, the FBI denies a report that it is investigating a reporter who wrote a story about (wait for it) the FBI director reportedly using the bureau’s assets “to provide his girlfriend with government security and transportation.”  They’re trying to make a case that the reporter was “stalking” Kash Patel’s girlfriend.

“The scrutiny of [reporter Elizabeth] Williamson is an example of the Trump administration examining whether to criminalize routine news gathering practices that are widely considered protected by the First Amendment.”

And it says right here that employees at EEOC say they are being pressured to bring cases that would satisfy the reverse discrimination beliefs of Trump supporters, even when there is little evidence:

Field staff at the federal agency that enforces civil rights laws in the workplace say they are under intense pressure from leadership to bring in cases that fit the Trump administration’s priorities, including charges of discrimination against white men and charges of antisemitism on college campuses.

That pressure has led investigators and lawyers at the agency, the Equal Employment Opportunity Commission, to focus its thin resources on pursuing and fast-tracking cases that have little evidence and tenuous legal bases, according to more than a dozen current and former employees, both Republicans and Democrats.

Last Thursday, two days before the White House Correspondents’ Association dinner at which a man was arrested for allegedly trying to assassinate the president, ABC late night host Jimmy Kimmel made a joke about TFG’s age and health when he said Melania Trump had the glow of “an expectant widow.”  Yesterday morning she criticized Kimmel’s comments, and just hours later her husband offered the opinion that Kimmel should be fired.  Today, the Federal Communications Commission “ordered a review of all station licenses owned by ABC, an extraordinary move to pressure a major television network whose programming has frequently angered President Trump.”  It said the review would be focused on ABC’s “diversity and inclusion policies.”  Right.

The F.C.C. action represented an escalation by the Trump administration and the president to punish major media outlets for their coverage. Mr. Trump has personally sued several news organizations, including The New York Times, and the Pentagon has tried to sharply restrict news media access.

Mr. Trump’s F.C.C. chairman, Brendan Carr, has repeatedly threatened to take action against broadcasters, including to take away their valuable station licenses. His agency’s action on Tuesday was the first direct step toward potentially doing so.

You want to know how you can tell that this Administration is serious about ending the evil of weaponizing government to fight political battles?  Well, there is this sign: it is arranging to pay “damages” to the subjects of Biden-era investigations like Michael Flynn, Mark Meadows and Carter Page.

“The settlements, arranged by the Justice Department, could help fuel the Trump administration narrative that the federal government had wrongly investigated or prosecuted these subjects — even though no court has made such a determination. And the payouts could be used to bolster the president’s repeated claims that the Justice Department had been weaponized to go after him and his supporters, making them victims of a corrupt legal system.

(snip)

Since Trump’s return to the White House last year, the Justice Department has paid at least $8.5 million to resolve high-profile legal claims brought by allies and supporters who allege they were improperly targeted by federal law enforcement during previous administrations, according to legal filings and people familiar with those deals who spoke on the condition of anonymity to discuss privately held details about the settlements.

And more could be coming.

The Justice Department has looming requests for major payouts that could help define the legacy of the law enforcement agency and its leaders during Trump’s second term. Two of those requests totaling about $230 million, alleging prosecutorial abuse in multiple cases, were made by Trump himself.

As a private citizen, Trump claimed he was entitled to money to compensate him for what he calls politicized investigations.

Because of course he is.  Of course they were.

This list of examples of Trump’s weaponization of the presidency to punish his opponents and reward himself and his family (the grift that keeps on giving) is not exhaustive, and I’m sure you have some favorites of your own; feel free to share.  All these stories happened just within the last ten days, a rate so bigly that I bet no other Administration could possibly match it.

How a bad thing can lead to your being grateful

Pat Ryan 1 Comment

Over the past month there have been enough examples of my state’s leaders behaving disgracefully to make me think I could write a nice satire about how I am thankful we have leaders who are willing to protect us from things we didn’t know we needed protection from.  You know, things like, Muslims in America exercising their First Amendment rights to the freedom of religion, or Texas state employees using personal social media accounts to promote a non-MAGA political rally, or university professors who are serious about exposing students to ideas their parents may not agree with, or actually anything done by anyone intent on telling truths that don’t align with the preferences of how those in power prefer their “truths” nowadays.  But before I could get there I found something that I really am grateful for: the first serious signs of a potential loosening of TFG’s grip on the Republican Party.

During the 2016 primary campaigns there were plenty of Republicans willing to be quoted disagreeing with the outrageous things Donald Trump had to say, right up until he won the nomination.  After that, as is usual, members of the party supported the party’s candidate.  But as time went on we saw an eerie, almost mystical transformation that left virtually every Republican unable to speak any criticism at all: they learned that (1) Trump was so thin-skinned that he could stand no disagreement of any kind at all on any issue, no matter how petty, (2) he had demonstrated how he would gleefully make good on his threat to support a challenger to any critic when he or she ran for re-election, and (3) MAGA nation was eager to do whatever TFG asked.  Republican senators and members of Congress – never shy and retiring types, always eager to defend their institutional prerogatives as well as their high and mighty personages – forgot how to disagree, however politely, with the Chief Executive.  They might as well have stopped meeting at all.  For a period recently, they pretty much did stop meeting.

When the president began issuing executive orders to take actions that have always been the right and/or responsibility of Congress, the Republicans who control both the House and Senate never raised a public peep about it.  When his administration took it upon itself to begin unprovoked attacks on private boats in international waters – destroying the ships and killing the crewmembers – while claiming the boats and their crews were hauling illegal drugs and therefore constituted an attack on the safety of the United States but never sharing with the world any evidence to prove the claim, there was one constant in the response from GOP members: the sound of crickets.  Until this weekend.

Last Friday the Washington Post reported (free link) on the questionable orders that Defense Secretary Pete Hegseth gave to the Navy SEALs executing the first of these attacks.

The longer the U.S. surveillance aircraft followed the boat, the more confident intelligence analysts watching from command centers became that the 11 people on board were ferrying drugs.

Defense Secretary Pete Hegseth gave a spoken directive, according to two people with direct knowledge of the operation. “The order was to kill everybody,” one of them said.

A missile screamed off the Trinidad coast, striking the vessel and igniting a blaze from bow to stern. For minutes, commanders watched the boat burning on a live drone feed. As the smoke cleared, they got a jolt: Two survivors were clinging to the smoldering wreck.

The Special Operations commander overseeing the Sept. 2 attack — the opening salvo in the Trump administration’s war on suspected drug traffickers in the Western Hemisphere — ordered a second strike to comply with Hegseth’s instructions, two people familiar with the matter said. The two men were blown apart in the water.

Hegseth’s order, which has not been previously reported, adds another dimension to the campaign against suspected drug traffickers. Some current and former U.S. officials and law-of-war experts have said that the Pentagon’s lethal campaign — which has killed more than 80 people to date — is unlawful and may expose those most directly involved to future prosecution.

The important thing to be emphasized here, beyond the claim that Whiskey Pete ordered the killing of “combatants” who might have been considered “non-combatants” after their boat was blown out from under them and were clinging to wreckage to keep from drowning, is that the talk of investigating potential “war crimes” is coming from Democrats AND Republicans!

The lawmakers said they did not know whether last week’s Washington Post report was true, and some Republicans were skeptical, but they said attacking survivors of an initial missile strike poses serious legal concerns.

“This rises to the level of a war crime if it’s true,” said Sen. Tim Kaine, D-Va.

Rep. Mike Turner, R-Ohio, when asked about a follow-up strike aimed at people no longer able to fight, said Congress does not have information that happened. He noted that leaders of the Armed Services Committee in both the House and Senate have opened investigations.

“Obviously, if that occurred, that would be very serious and I agree that that would be an illegal act,” Turner said.

(snip)

Republican Sen. Roger Wicker of Mississippi, chairman of the Senate Armed Services Committee, and its top Democrat, Rhode Island Sen. Jack Reed, said in a joint statement late Friday that the committee “will be conducting vigorous oversight to determine the facts related to these circumstances.”

That was followed Saturday with the chairman of the House Armed Services Committee, Republican Rep. Mike Rogers of Alabama, and the ranking Democratic member, Washington Rep. Adam Smith, issuing a joint statement saying the panel was committed to “providing rigorous oversight of the Department of Defense’s military operations in the Caribbean.”

“We take seriously the reports of follow-on strikes on boats alleged to be ferrying narcotics in the SOUTHCOM region and are taking bipartisan action to gather a full accounting of the operation in question,” Rogers and Smith said, referring to U.S. Southern Command.

This does not mean that ALL Republicans are challenging the White House, but today some of them are willing to say the quiet part out loud: that lawmakers have the responsibility to check this out for themselves…it might be that the president’s puppet, the demonstrably unsuitable nominee to lead the nation’s military that the Senate obediently approved even if holding their collective noses, might have given orders that violate the Geneva Convention.  And, they are saying, we won’t ignore this.

For that, I am grateful.

Recommended viewing

Pat Ryan Leave a comment

Among the things that happened today related to the Trump Administration:

  • The Senate voted a do-over, choosing to reclaim more than $9 billion dollars in funding that Congress had already approved for foreign aid and domestic public broadcasting; another House vote before the end of the day Friday will make it official.
  • The Administration widened its scope in fights with the nation’s universities, announcing an employment discrimination investigation against George Mason University for, apparently, daring to admit it had considered race and gender in hiring decisions to meet diversity goals that the government, until very recently, supported.
  • The House passed new legislation aimed at “boost[ing] the legitimacy of the cryptocurrency industry” but prohibiting members of Congress and their families from profiting off of the variety known as stablecoins…but pointedly NOT prohibiting the president and his family from participating as they grow their crypto scam empire.
  • The Senate Judiciary Committee chairman decided no one needed to hear the objections from Democrats to the nomination of Trump legal bully Emil Bove to a seat on a federal appeals court (one step shy of the Supremes!) and called for the vote, prompting the Democrats to walk out of the hearing…and hope the Senate parliamentarian will find the GOP leaders broke several Senate rules and today’s action is null and void. Bove is the guy who has denied the very believable whistleblower accusation that he told his subordinates at the Justice Department that the proper response to a court ruling against the Administration would be to tell the judge to “fuck off.”

There’s more, much more, but I hate a long list.

This is what the Trump Administration calls flooding the zone: doing so much stuff so fast — and not being afraid to be called on some of it by the courts — that people feel confused and the news media can’t keep up. MAGA America thinks that’s great, of course (except when they are fomenting revolt against the Supreme Leader and he tells them not to be duped by Democrats and that no one cares about Jeffrey Epstein anyway. So there.). I think the “flood the zone” tactic achieves its goal pretty effectively and the rest of America is struggling to keep its head above water. So I have a little life preserver for anyone who needs confirmation that, no, it’s not just you who feels overwhelmed.

This week’s new episode of “Frontline” on PBS is “Trump’s Power & The Rule of Law,” and you can watch it online at the Frontline website right here. Like most of the work on this series, which debuted in 1983, this extensive report carefully lays out the facts on the W I D E range of individual issues that are part of TFG’s current effort to take personal control of every aspect of the national government, for his personal benefit. As the producers put it, “FRONTLINE goes inside the high-stakes showdown between President Donald Trump and the courts over presidential power. Trump allies, opponents and experts talk about how he is testing the extent of his power; the legal pushback; and the impact on the rule of law.” Note that reference to the inclusion of Trump allies: there is extensive use of interview bites from multiple Trump Pumpers who get plenty of opportunity to have their say, uninterrupted by any nettlesome interviewer. I found that part to be perhaps the most frightening, hearing them describe what they want to have happen.

This report won’t make all the bad men go away, but it will help you get a better handle on what unconstitutional efforts by this White House and its henchmen are underway so you can direct your resistance as you feel most appropriate. Very much worth your time.

It ain’t over unless we let it be

Pat Ryan 1 Comment

The tariff fetishist is starting a trade war with our friends and our foes, and it’s going to mean higher prices for you and me, just as predicted by all sane economists. But he says he “couldn’t care less.”

The leader of the free world is trashing his country’s friendly relations with neighbors and threatening a new era of manifest destiny that is forcing some world leaders to publicly acknowledge they cannot trust America to be a loyal friend and ally. (But TFG suddenly changes his tune when one of them calls him on it.)

The chief of the executive branch of government authorized what amounts to a group of consultants to fire government employees and carry out cuts to government budgets, none of which has been authorized by the legislative branch which is suddenly incapable of protecting its own lawful perogatives. The action is sloppily conceived and largely illegal, and being sold to the public as fulfillment of a campaign promise to lower the cost of government…with hopes it will also clear financial objections to a planned upcoming extension of tax cuts for wealthy Americans. (And today he attacked unions representing federal employees.)

The champion of law and order is allowing the illegal kidnapping of people from American streets and having them held in secret, people whose “crime” was lawfully expressing an opinion contrary to the president’s or appearing to be an undesirable. And the guy who has never shut up about the alleged “weaponization” of the U.S. Justice Department by his political enemies to persecute him has installed an acting U.S. Attorney for the District of Columbia who is accused of threatening his political opponents and supports the president’s ludicrous calls to impeach judges who rule against questionable Trump policies. And, the president has brazenly used government authority to intimidate lawyers and law firms from daring to oppose his actions or represent anyone who does. Or who has at any time in the past. (The highly-respected conservative jurist Michael Luttig believes Trump will ultimately lose his legal fight against the courts; long-time federal trial attorney and columnist Sabrina Haake hopes the chief justice gets a chance to get specific about what presidential actions don’t qualify for immunity.)

The man who harshly criticized a previous president’s use of executive orders as a “power grab” is doing all this through an unprecedented wave of executive orders that is apparently not a power grab at all. Dan Balz sees it as evidence of Trump’s desire to rule rather than to govern: he can’t be bothered waiting for a Congress (that is already controlled by the party he controls) to pass laws when he can act as king and simply issue edicts.

Is all of this part of the MAGA plan? Is all of this what those Americans wanted to have happen, or expected to happen, when they re-elected him? For many of us who did not vote for him, there is a tendency to feel some level of helplessness, which I think is at least part of the administration’s intent with the non-stop pace of activity. But Timothy Noah reminds us that we don’t have to give up.

Surveying this Boschian hellscape, many good people will despair. Yes, Trump is much more dangerous than he was during his first term (which was harrowing enough). He’s more giddily reckless about impounding funds, shutting down agencies, disobeying court orders, and using the government to punish political enemies. But if you allow yourself to tune out this ugliness, you might as well have voted for the man. The president is counting on such demoralization.

(snip)

How can ordinary citizens fight back? To scout the best approaches, I canvassed activists, lawyers, scholars, politicians, and union leaders for advice. Some of what they suggest will lie beyond your abilities, expertise, financial resources, or sense of personal safety—in which case, choose something you can do. Just about everyone I spoke to emphasized that there is no silver bullet—no single arena, not even the courtroom, where Trump’s illegal power grab can be stopped. “There’s no messiah” who will “sweep in and make everything better,” said Randi Weingarten, president of the American Federation of Teachers. That’s up to you and me. The good news is there are a lot of us.

Indeed, there may be even more than we can know just yet. Because Trump isn’t careful about whose interests he acts against, Resistance 2.0 has potential to evolve into a bipartisan movement. “Successful authoritarian regimes determine what their winning coalition is,” observed Leah Greenberg, co-founder of the resistance nonprofit Indivisible, “and then they work very hard to keep that coalition together.” Trump lacks such discipline, and as a result he frequently screws over natural allies.

Trump alienates the military by installing as defense secretary Pete Hegseth, a boozer and womanizer who called an officer of the Judge Advocate General’s Corps a “jagoff” and, after he was confirmed, fired the top JAG officers in the Air Force, Army, and Navy. Trump alienates Big Pharma by installing as health and human services secretary a recovering heroin addict, womanizer, and (according to his cousin Caroline Kennedy) “predator” who less than two years ago said, “There’s no vaccine that is, you know, safe and effective.” As HHS Secretary, Robert F. Kennedy Jr. recommends treating measles with cod liver oil and letting bird flu spread unchecked through poultry flocks. Trump Treasury Secretary Scott Bessent says, “I’m not worried about inflation,” and “access to cheap goods is not the essence of the American dream.” Trump, meanwhile, terrorizes Wall Street with market-killing tariffs and stray threats not to honor the national debt.

No matter who joins this fight, it won’t be won next week, or next month. Barring impeachment and removal, Trump will be president for four long years, and not even his allies expect him to become less authoritarian and kleptocratic. So pace yourself. But the sooner you join in, the more effectively we can limit the damage.

The article goes on to outline a number of ways that each of us can do something, the best each of us can, to be part of the resistance, from protests to lawsuits to just staying informed. Don’t give up: the fight isn’t over.