Trump's Broad Attack On Democracy and Civil Society

As I said when I announced my new plans for this blog, I may not have much of a voice, but what little voice I do have, I want to use to document the autocratic behavior of cult leader, convicted felon, and failed President Donald Trump. Make no mistake about it, Trump is a serious threat to democracy in the United States. I have been writing about various specific aspects of Trump's attacks on our political system, but it occurred to me that I might be missing the forest for the trees. Therefore, today I want to take a step back and review the breadth of Trump's actions and the broad impact that they are having on the rule of law, civil society, and fundamental democracy in our country. Looking at the big picture, it is really quite astonishing.

Congress

Trump has launched a direct attack on our system of three co-equal branches of government. The easiest branch for Trump to neutralize was the legislative branch. This was primarily because the Republican majorities in the House of Representatives and the Senate were willing participants in the institution's emasculation. Trump has used three tactics to control Congress. The first of these has simply been to ignore the institution. Instead of working with Congress to pass legislation, Trump bypasses the legislative branch and simply signs executive orders. Despite Trump's contention, these EOs cannot create law. Yet, Trump acts like, and much of the country goes along with the charade, that these EOs are imperial diktats. The second tactic is fear and intimidation, relying on his own political strength and the threat to fund opponents posed by Shadow President Elon Musk. Elected Republicans know that if they step out of line, they are risking their political futures. Third is the use of carrots. Trump has quelled some Republican opposition by promising to use the powers that they concede to him for their benefit. The most clear example of this was how Trump managed to convince all Republican Members of Congress except one to vote in favor of the recent continuing resolution. A significant number of Republicans demanded budget cuts in order to vote in favor of a CR. Trump told those members that they needn't worry, that he had no intention of spending all the authorized funds. This is blatantly illegal and violates the Congressional Budget and Impoundment Control Act of 1974. However, illegal actions are not a bug of the Trump administration, but rather a feature.

The Courts

The Judiciary Branch has not yet fallen under Trump's control, but that is not for lack of trying. Trump personally appointed three members of the current U.S. Supreme Court and clearly expects them to do his bidding. After his recent address to a joint session of Congress, Trump approached Chief Justice John Roberts and thanked him — presumably for pro-Trump rulings such as the one protecting the President from prosecution — and promised Roberts that he would not forget. Trump has launched strident attacks on lower court judges who have ruled against him. Trump has called for the impeachment of judges whose rulings he disputes, and articles of impeachment have already been introduced in the House to target one such judge. The Trump administration routinely flouts judicial hearings, offering half-hearted cooperation at best, and has ignored judicial rulings. Trump's immigration czar, Tom Homan, has clearly stated that he doesn't care what judges say and does not respect their authority to limit his actions. Trump's strategy towards the courts appears to be to ignore, intimidate, and, ultimately, hope that his hand-picked Supreme Court will rule in his favor.

Law Firms

The legal profession is an important component of civil society in the United States. Trump has directly targeted law firms in an attempt to prevent them from presenting threats to his rule. This has primarily been done by the use of executive orders aimed at preventing unfriendly firms from working with the federal government. In February, Trump issued an EO targeting Covington & Burling LLP. This month, Trump issued EOs retaliating against both Perkins Coie LLP and Paul, Weiss, Rifkind, Wharton & Garrison LLP. These EOs could have the impact of putting these firms out of business and, at a minimum, prevent them from effectively representing many of their clients. This was an unprecedented attack on the legal profession and is contrary to one of the fundamental tenets of the rule of law. Trump was successful in compromising Paul Weiss, who accepted limits on the firm's hiring, operation, and legal representation while agreeing to $40 million in pro bono legal services on behalf of organizations supporting Trump's priorities. If such arrangements become the rule, it will become impossible to mount legal action against the Trump administration because no lawyer would dare oppose the President. Moreover, might this tendency extend beyond the government? Could Trump, for instance, threaten a law firm that might be suing Tesla in order to protect Musk? Trump's actions, and Paul Weiss's cave-in, present a threat to the entire legal profession.

The Media

Sometimes called the Fourth Estate, the media has long been seen as an important component of civil society. The traditional media environment was already mostly wrecked even before Trump's second term began. Consolidation of local news outlets and the closing of many of them have left large parts of the country without local newspapers, or with hollowed-out facsimiles of what were once important civic institutions. Most of the major news outlets are owned either by multinational corporations or billionaires. Trump easily found weaknesses among these that he could exploit. Prior to Trump's inauguration, ABC News agreed to settle a defamation suit involving Trump that was filed in response to a statement by George Stephanopoulos. Stephanopoulos had said Trump had been found liable for the rape of writer E. Jean Carroll. This is an easily defensible statement, and the settlement represented a complete capitulation to Trump, just as happened with Paul Weiss. ABC News is owned by the Disney Corporation, which probably had a number of concerns about ending up on the wrong side of a sitting, and vindictive, president. Jeff Bezos, owner of the Washington Post, stopped the paper's intended endorsement of Vice President Kamala Harris and has completely neutered the newspaper's opinion section. He may well be more interested in selling rockets to the government and preventing anti-trust actions against Amazon than he is in running a newspaper. Similarly, Patrick Soon-Shiong, owner of the Los Angeles Times, also suppressed a planned endorsement of Harris and killed a series of anti-Trump articles. Trump routinely attacks the media, calling journalists the "enemy of the people" and subjecting them to ritual humiliation. Yesterday, Trump referred to New York Times reporter Maggie Haberman as "Maggot Hagerman". This is a childish action of the sort to which we have come to expect from Trump, but it will not stop Haberman from presenting Trump in the best light possible. She knows full well that overly aggressive reporting would put an end to her access to Trump and mean no more books to publish after Trump completes his term. Trump has decades of experience manipulating the media and knows exactly which strings to pull. As such, the traditional media is much less likely to speak truth to power than is needed at this crucial time.

Higher Education

Our institutions of higher education are another component of civil society. True to form, Trump is attempting to eviscerate universities and eliminate them as a threat to his rule. Trump has issued a number of EOs regarding colleges and universities. This is rather remarkable given that such institutions are normally private or state-funded. Trump is using the influence of federally-provided funds to control these schools. A major target for Trump has been diversity, inclusion, and equity programs that are either practiced on campus or used for admissions. Trump has also targeted free speech on campuses, especially with regard to Israel and the Middle East. The most public intervention by the Trump administration involved Columbia University, where Trump issued a list of nine specific demands that Columbia would have to implement in order to restore millions of dollars of federal funds that Trump had cut. While most items on the list were concerning, perhaps the most outrageous was a demand that the Middle East, South Asian, and African Studies department be put under academic receivership. This essentially is the U.S. government telling a private university what it can teach and how it can teach it. Sadly, but not surprisingly, the university agreed to most of Trump's demands. But, as if often the case with bullies, giving into them only encourages them further. The administration has given mixed signals about whether Columbia has done enough. Meanwhile, academic freedom is severely at risk.

Civil rights

Trump's threat to civil rights is widespread, and I will probably write an entire post on the topic. But for today, I will address how the threat is demonstrated with regard to immigrants. Authoritarians frequently begin with easy and unpopular targets in order to normalize their practices. In Trump's case, that has meant immigrants. Starting with the aforementioned Tom Homan, who has publicly proclaimed that he does not care what judges say, the Trump administration has had little concern for the rule of law when it comes to immigrants. Trump officials have made themselves both the judge and the jury when it comes to determining the guilt or innocence of immigrants. In at least two cases, green card holders associated with universities have been detained and threatened with deportation on the basis of nothing more than the legal exercise of free expression. Based only on determinations by Secretary of State Marco Rubio, these individuals have been arrested, secreted off to a detention center in another part of the country, and face deportation, which would separate them from their U.S. citizen spouses. It is the position of the Trump administration that these cases deserve no judicial review.

In another highly publicized case, the Trump administration deported hundreds of individuals accused of belonging to violent gangs to El Salvador, where they will be imprisoned in a notorious prison. It is important to understand that many, if not most, of those deported were not charged with crimes. Homan has refused to release evidence demonstrating that the individuals are indeed gang members and has mocked the suggestion that they deserve due process. Similar to how the administration acted toward the green card holders, it has simply detained these people, determined their guilt, and deported them. There has been no judicial review. In one prominent case involving Jerce Reyes Barrios, a former soccer player in Venezuela, there is considerable evidence that he was wrongly detained and deported. According to his attorney, Reyes Barrios had been arrested and tortured in Venezuela due to his opposition to Venezuelan President Nicolás Maduro. He then fled to Mexico and applied to enter the U.S. via the CBP One app and was given an appointment upon which to present himself to CBP officials. On the basis of a tattoo and a social media post showing Reyes Barrios making a hand gesture, DHS officials determined that Reyes Barrios was a gang member. However, the tattoo, rather than demonstrating gang affiliation, is a tribute to the Spanish soccer club Real Madrid, his favorite soccer team. The hand gesture is sign language for "I love you." It is very likely that judicial review of this case would result in considerable doubt over whether Reyes Barrios should be deported, highlighting the importance of such reviews. But, in true authoritarian style, neither Trump nor Homan wants to be second-guessed. They expect their word to be law.

Conclusion

With the spikes atop the White House fence metaphorically adorned with the heads of ABC News, Paul Weiss, Columbia University, and others, it is no longer a question of whether Trump is a threat to democracy and the rule of law. That answer is clear: Trump is a grave threat. America is turning to fascism with a whimper rather than a roar. In a perfect example of a frog being boiled, this is happening both in plain sight and without us actually realizing it. Trump is systematically seizing control of all aspects of civil society and our political system, attempting to leave no independent avenue for challenging him.