The stripping away of illusions
President Trump does not seem to notice or care that if you betray people, or jerk them around, they will revile you. Over the last few weeks, the Europeans have gone from shock to bewilderment to revulsion. This period was for them what 9/11 was for us — the stripping away of illusions, the exposure of an existential threat. The Europeans have realized that America, the nation they thought was their friend, is actually a rogue superpower.
In Canada and Mexico you now win popularity by treating America as your foe. Over the next few years, I predict, Trump will cut a deal with China, doing to Taiwan some version of what he has already done to Ukraine — betray the little guy to suck up to the big guy. Nations across Asia will come to the same conclusion the Europeans have already reached: America is a Judas.
This is not just a Trump problem; America’s whole reputation is shot. I don’t care if Abraham Lincoln himself walked into the White House in 2029, no foreign leader can responsibly trust a nation that is perpetually four years away from electing another authoritarian nihilist.
Anti-Constitutional
An anti-constitutional act is one that rejects the basic premises of constitutionalism. It rejects the premise that sovereignty lies with the people, that ours is a government of limited and enumerated powers and that the officers of that government are bound by law.
The new president has, in just the first two months of his second term, performed a number of illegal and unconstitutional acts. But the defining attribute of his administration thus far is its anti-constitutional orientation. Both of its most aggressive and far-reaching efforts — the impoundment of billions of dollars in congressionally authorized spending and the attempt to realize the president’s promise of mass deportation — rest on fundamentally anti-constitutional assertions of executive authority.
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There is much to say about the administration’s decision to seemingly ignore a court order to halt or reroute deportation flights for these people and return them to United States. For now, let’s focus on the Justice Department’s initial defense of the president’s order, in which government lawyers argued the following: “Beyond the statute, the President’s inherent Article II authority is plainly violated by the district court’s order. As a function of his inherent Article II authority to protect the nation, the President may determine that [Tren de Aragua, a criminal gang] represents a significant risk to the United States … and that its members should be summarily removed from this country as part of that threat.”
In other words, according to the Justice Department, the president of the United States has an “inherent” power to summarily deport any accused member of Tren de Aragua (and presumably, any foreign national accused of membership in any gang) without so much as a hearing. What’s more, under this logic, the president can then direct his administration to send that person, without due process, to prison in a foreign country.
This is a claim of sovereign authority. This is a claim that the president has the power to declare a state of exception around a group of people and expel them from the nation — no questions asked. It is anti-constitutional — a negation of the right to be free, in Locke’s words, of “the inconstant, uncertain, unknown, arbitrary will of another man.”
There is nothing in this vision of presidential power that limits it to foreign nationals. Who is to say, under the logic of the Department of Justice, that the president could not do the same to a citizen?
Jamelle Bouie, Trump Has Gone From Unconstitutional to Anti-Constitutional (shared article).
If Congressional Republicans took their oaths of office seriously, they’d be impeaching Trump and removing him from office. He has already destroyed many of our most important international relationships (see David Brooks, above), and by “destroyed,” I mean that we face a long period of repair even if he were removed this afternoon.
Dems and Damon in the same headspace?
[M]y assumptions and style of analysis bring me back again and again to a feeling of fatalism rooted in the conviction that the time to stop Trump was in November 2016, in the immediate aftermath of the January 6 insurrection (via conviction in his second impeachment trial), or in November 2024. I don’t want to succumb to the feeling that it’s already too late to stop him. It’s just that I’m still trying to figure out how to break out of that cul-de-sac.
How to create a legal banana republic
To collapse the structure of American justice and replace it with a proper banana republic, each pillar holding it up needs to be weakened.
The president spent most of his first two months in office focused on a single pillar: law enforcement. He purged officials at the Justice Department and FBI and replaced them with clownish toadies like Pam Bondi, Kash Patel, and Dan Bongino. That was a sensible way for an authoritarian to prioritize: Of the institutional players I’ve mentioned, corrupt cops and prosecutors can do the most damage. As long as the DOJ is willing to behave like a secret police force, Donald Trump doesn’t need to send Liz Cheney or Mark Milley to prison to make their lives miserable. Investigations are punishment enough.
His Castro-esque speech on Friday to Justice Department officials reflected his priorities. The president labeled political enemies like former special counsel Jack Smith “scum,” claimed that CNN and MSNBC are behaving “illegally” somehow, babbled about the supposedly rigged 2020 election, and insisted that the January 6 defendants he pardoned were “grossly mistreated.” The speech ended with the song “YMCA,” as you might hear at one of his political rallies.
Watching it felt like watching a dog mark his territory.
Trying not to try
I may not have said this before: Trump’s shock and awe assault on norms, perceived enemies, constitutional limitations and the independence of “independent agencies” are so comprehensive, and so blur together in news coverage, that I couldn’t keep up, and couldn’t cogently predict which actions will ultimately be found unlawful, even if I tried.
And I’m trying not to try.
Oh, I still listen to legal podcasts, and they typically cover some of the cases brewing. If you get an opinion from me on a case, I’ll probably be regurgitating some of them, lightly post-processed.
I don’t feel responsible for Trump. He’s something I’m suffering along with everyone else — and my situation means I’m not personally suffering all that much except anxiety for my living descendants.
I don’t think Trump is the eventuality of true conservatism, though he may be the eventuality of the Moral Majority and other Religious Right activism starting in the 70s. I was never on board with them; I’m even less on board with them since becoming an Orthodox Christian; and I’m pleased to contemplate a knife fight between the New, Improved Religious Right (The New Apostolic Reformation! All you loved about the Moral Majority, but now with added Charismatic flakery!) and the Catholic Integralist “Common Good Constitutionalism.”
(Thoughts prompted by my deciding not to read a Wall Street Journal article on a Federal District court ruling against the demolition of USAID.)
Inflicting trauma
Russell Vought, a graduate of Wheaton College, now describes himself as a “Christian nationalist.” He also says:
“We want the bureaucrats to be traumatically affected,” he said. “When they wake up in the morning, we want them to not want to go to work because they are increasingly viewed as the villains. We want their funding to be shut down so that the EPA can’t do all of the rules against our energy industry because they have no bandwidth financially to do so.
“We want to put them in trauma.”
He may be a nationalist, but he puts his Christianity open to serious question by such hateful intentions. (Mark 8:36.) He’s rather unpopular at Wheaton, too, which is much to its credit.
Free speech lies
The president brags about ‘ending censorship’ while describing negative coverage about him as ‘illegal.’
Jonah Goldberg’s subheadline to his recent The Trump Administration’s Free Speech Hypocrisy. The whole (relatively short) thing is worth reading.
Weaponizing government
War is Peace. Freedom is Slavery. Ignorance is Strength. And Donald Trump is “Ending the Weaponization of Government”
David Post, Paul, Weiss Next on the Chopping Block
I suffer more from the humiliations inflicted by my country than from those inflicted on her.
Simone Weil, from a letter to Georges Bernanos.
[N]one of the things that I care about most have ever proven susceptible to systematic exposition.
Alan Jacobs, Breaking Bread With the Dead
I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on the only social medium I frequent, because people there are quirky, pleasant and real.
Tipsy Teetotaler ن 