It’s time to rehabilitate Richard Nixon’s reputation. True, he had a bunch of inept burglars break into the Denocratic National Committee’s headquarters. True, he had an enemies’ list. True, he appointed an ally to lead the Justice Department.
Nixon resigned before he could be impeached. Republicans in Congress were as angry as Democrats.
Nixon had a sense of shame. He resigned rather than be impeached. Trump has no sense of shame.
But all that pales compared to what is happening now. Trump has nominated a long list of completely unqualified people to run major Departments of the federal government. He has started a purge of the FBI, intending to oust anyone who participated in investigating him or the January 6 insurrection.
He has given free access to Elon Musk to enter every Department, copy its files, and fire any career employee who stands in his way.
Bill Kristol, once a conservative stalwart and editor of The Weekly Standard, now writes for The Bulwark, which sees Trump as the sociopath he is.
by William Kristol
In disregard of the rule of law, he knowingly misused the executive power by interfering with agencies of the executive branch, including the Federal Bureau of Investigation . . . in violation of his duty to take care that the laws be faithfully executed.
In all of this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.
Article II, section 5, of the Articles of Impeachment Adopted by the House of Representatives Committee on the Judiciary, July 27, 1974
Half a century ago Congress, the courts, other key institutions within and outside of the government, and the American public, faced an assault launched by President Richard Nixon and his henchmen to the constitutional order and the rule of law.
They defeated it.
Today, we face a crisis greater than Watergate.
Are we up to dealing with it?
We’re going to find out.
The crisis is multi-faceted and fast-moving. President Donald Trump and his sidekick Elon Musk—nominated for no federal office, employed by no federal agency, accountable to no one—are racing on several fronts to undermine laws, procedures, and norms that would constrain their arbitrary exercise of power. But the assault on the rule of law seems centered on the Federal Bureau of Investigation.
It began with the nomination of Trump apparatchik and defender of the January 6th rioters Kash Patel to be FBI director. Patel tried to reassure Senators during his confirmation hearing last Thursday that “all FBI employees will be protected from political retribution.”
But the next day, Emil Bove, Trump’s former defense lawyer, who is now acting deputy attorney general and in charge of the Justice Department, ordered the removal of at least six top FBI career executives. Bove also requested the names of all FBI agents who worked on January 6th cases.
All seemed on track for Trump’s efforts to purge the agency and remake it in his own image.
But FBI officials may not permit their agency to go gentle into the dictatorial night.
Over the weekend, in a blizzard of activity (helpful reporting can be found here, and here, and here), FBI officials moved to resist the attempted coup.
Though he had carried out the order to decapitate the bureau’s top executives the day before, on Friday acting FBI Director Brian Driscoll reportedly refused to agree to fire certain agents involved with January 6th cases, and was trying to block a mass purge of such agents. In a message to staff Saturday, Driscoll reminded FBI agents of their rights to “due process and review in accordance with existing policy and law,” and emphasized “That process and our intent to follow it have not changed.”
The FBI Agents Association sent a memo to employees over the weekend to remind them of their civil service protections. The memo urged them not to resign or to offer to resign, and recommended that agents respond to one question in the survey they’ve been instructed to answer: “I have been told I am ‘required to respond’ to this survey, without being afforded appropriate time to research my answers, speak with others, speak with counsel or other representation.”
And in a remarkable letter, obtained by The Bulwark, the president of the Society of Former FBI Agents—a group that seeks to stay out of politics—said the following:
The obvious disruption to FBI operations cannot be overstated with the forced retirement of the Director, Deputy Director, and now all five Executive Assistant Directors. Add in the immediate removal of a number of SACs [Special Agents in Charge] and the requests for lists of investigative personnel assigned to specific investigations and you know from your experience that extreme disruption is occurring to the FBI—at a time when the terrorist threat around the world has never been greater.
Then on Sunday the top agent at the FBI’s New York field office, James Dennehy, wrote in an email to his staff: “Today, we find ourselves in the middle of a battle of our own, as good people are being walked out of the F.B.I. and others are being targeted because they did their jobs in accordance with the law and F.B.I. policy. . . . Time for me to dig in.”
It’s surely time for many others to dig in. Especially the United States Congress, which authorizes FBI activities, appropriates its funds, and before whom Kash Patel’s nomination is pending.
It’s pointless to ask President Trump to recall the oath he took two weeks ago, to “faithfully execute the Office of President of the United States” and to “preserve, protect and defend the Constitution of the United States.”
But members of Congress also take an oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic.” As it was fifty years ago, so it is today: The fact that the Constitution’s enemies now include the president of the United States does not relieve members of Congress of their responsibility to that oath.
Diane Ravitch's blog 
Republicans? You might want to listen up. Bill Kristol isn’t exactly a hippie.
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This is not going to end well.
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I urge everyone here to read and share this article. We are in such deep trouble, we may not be able to recover at all.
It contains an excellent explanation of why legacy computer programming like COBOL is still used in conjunction with more modern languages, and why Musk’s “engineers”can do so very much harm.
https://www.crisesnotes.com/elon-musk-wants-to-get-operational-control-of-the-treasurys-payment-system-this-could-not-possibly-be-more-dangerous/
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Having been a victim of three serious cases of identity theft — when a university human resources department, a hospital medical records unit, and a doctor’s office got hacked — each of which took a couple years of grief to clear up, I can tell you this massive data breach will be orders of magnitude more of a risk to the American Public and National Security than anyone can yet imagine.
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Call me an ol’ fashioned pessimist, but the coup is already a *fiat accompli. *
The majority of Congress supports the coup and fears opposing the coup. – The legislatures of half the states support and cheer onward the coup. – Half the federal judges have enabled and support the coup. – The U.S. Supreme Court majority has enabled the coup and will do nothing to reverse it. – Half of American voters voted for the coup leader and support him . – The traditional media have fallen in line with what their corporate leaders see as inevitable and even profitable. – Myriad Internet media channels support the coup and form an impenetrable silo of echoing support for the coup and its Beloved Leader, and with most Americans clueless of what a republic even is, the propaganda is all they know. – The Democratic Party knows that the coup is a fiat accompli, and Democratic politicians will do nothing more than voice some statements of protest rather than risk their political skin.
AMERICA IS ALREADY AN OLIGARCHY…HAS BEEN FOR DECADES
After researching government laws passed since Citizens United, Princeton University researcher Martin Gilens and Northwestern University researcher Benjamin Page documented that the U.S. is no longer a representative republic because the government does not represent the interests of the majority of the country’s citizens, but is instead ruled by the rich and powerful. The researchers analyzed 1,800 U.S. policies enacted over a period of two decades and compared the laws and regulations that were passed to those favored by average Americans to those favored by wealthy Americans and corporations, and here’s what the research revealed: “EVEN WHEN A MAJORITY OF CITIZENS DISAGREES WITH ECONOMIC ELITES OR WITH ORGANIZED SPECIAL INTERESTS, ORDINARY CITIZENS GENERALLY LOSE.”
America has become an oligarchy because of the Supreme Court. Today’s Roberts Court will live in the same odious infamy as the Taney Court whose 1857 Dred Scott ruling declared that human beings are mere property, which lit the fuse to the ruinous Civil War from which America has yet to recover. In its 2010 Citizens United ruling, the Roberts Court ruled that mere property is equal to a human being, leading to corporations being given the “human right” to pour unlimited dollars into America’s political system, putting government up for sale to the highest bidder and corrupting the system to the extent that our nation has become an oligarchy that no longer represents or serves We the People.
Today, America has the best government that money can buy and is an oligarchy, serving the interests of corporations and billionaires.
So, ordinary folk who have no clue what the word “oligarchy” means have nonetheless long recognized the fact that their government is no longer by and for We the People. The System simply no longer “works” for them, so, like the biblical Samson, they want to tear down The System, even if that means bringing it crashing down onto their own heads.
I call this “THE SAMSON SYNDROME”.
This “Samson Syndrome” is why they voted for Trump in 2016 and again in 2024: They know he’s a liar and wholly amoral, but they are counting on him to tear down The System that they hate, even if that means it crushes them. THAT’S why they have voted again and again against their own self-interests…and that’s why they cheer for the coup and their Samson in the White House.
The Republic is dead! Vive la Republique!
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Thanks for your thought provoking post. Billionaires have bought most of our politicians. The Citizens United decision and a corrupt Supreme Court work for the ultra-rich. There is an alliance of special interests behind Trump led by billionaires-oligarchs, Christian Nationalists, libertarians and disaffected voters that are tired of the status quo. Both parties have failed to meet the needs of We the People. If the Democrats do not fight back, we are in greater peril. When the impact of what Musk and Trump are doing hits those disaffected people, it could lead to a revolt and anarchy. We live in dangerous times. The rule of law has been overrun by Trump and Musk’s goon squad.
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“They know he’s a liar and wholly amoral, but they are counting on him to tear down The System that they hate, even if that means it crushes them”
I completely disagree, and I grew up in what is now Trump country. That is not at all true of most Trump voters. They are told by the corporate media that Trump will make it BETTER for them – not that he will tear down their Medicare system and Social Security.
Biden did a lot to make their lives better despite Republicans blocking him. But all they heard is that Biden did nothing for them because Dems only care about giving sex change operations to children and having open borders for immigrants who commit crimes. They heard over and over that “even the liberal NYT” says that Dems are elites who don’t care about them and Trump does.
This whole thing about Americans wanting to tear down the government is simply a right wing narrative designed to make Trump tearing down the government palatable by falsely presenting Trump’s actions as if Trump tearing down the government is the reason that Americans voted for Trump. While some small percentage might have wanted that. most Trump voters either liked Trump’s racism, bullying and hate because it appealed to who they are (the wannabes who follow the bully and do his bidding), or they believed Trump’s false promises that he was doing something that would make them more prosperous.
The rhetoric you used is right wing propaganda to manufacture consent for what Trump is doing, and it is directed to people who don’t like Trump but who are told that Trump is no worse than the evil Democrats. It’s really tiresome but also very dangerous. WTF? Jimmy Carter was a pro-corporate Democrat who embraced the neo-liberal policies of Republicans and rejected FDR, Truman and LBJ’s progressive agenda. Oligarchs have ALWAYS had too much power in America but that didn’t make Jimmy Carter a tool of the oligarchs who was no better than Reagan. But idiots believed that. I was one of those idiots who believed that, but in my defense, I was a teenager and it only took a short of time of seeing Reagan’s agenda to know I was played for a fool. It’s shocking when I see adults who keep making the same mistake over and over again and never realize how they are simply useful idiots for the far right.
I may have hated Carter and thought it was as evil as similarly deluded folks believe “the Democrats” are. But I never wanted to tear down the system.
Neither do most Americans, even if they are told that it’s all the Democrats fault over and over and over again. Trump won because too many Americans believed he would do something for them, while the others believed the lie that the Democrats are elites who only care about gay and trans people and illegals while they obey the oligarchs.
There has always been too much influence by oligarchs – there wasn’t a time in history when the oligarchs didn’t have too much power. But when Democrats had big majorities, it was possible to fight them, as FDR, LBJ and Truman did. When the Democrats have tiny majorities or the Republicans are empowered, it is near impossible to fight the oligarchs.
Trump voters want their Medicare and Social Security.
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I only disagree with one point:
Th Roberts Court will b considered more infamous. They abetted and enabled what is happening and what is coming. “Originalism” was always a faux philosophy.
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The Roberts court will only be considered infamous if historians are free to think. Oligarchs control thought, as was done during the ante bellum period with respect to Taney. Back then, most folks liked old Roger.
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It says much about the USA state of politics that these days it’s possible to get away with a comment along the lines of ‘Well for all their faults at least Nixon / George W Bush……’ and not get howled down by everyone.
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Perhaps an essential difference is that Trump, being a stupid person himself, deliberately cultivates stupidity among especially Republican members of Congress and his MAGA followers. Did Nixon do that? Certainly, stupidity is that aspect of “the interrelated structure of reality” (MLK Jr) that operates to generate varying “logic[s] of destruction” (T. Snyder).
“In his famous letters from [a Nazi Germany] prison, [Dietrich Bonhoeffer] argued, ‘Stupidity was a more dangerous enemy of goodness than evil. While we can protest and fight against evil, we are virtually powerless against stupidity. Neither protest or use of force has any effect. Even reason proves futile, because stupidity triumphs over it.
‘Another critical aspect is that stupidity becomes particularly dangerous when combined with power. Bonhoeffer observed that individuals and groups who are under the influence of authoritarian leaders become more susceptible to stupidity. The crowd provides them a sense of security, while responsibility for their actions is transferred to the group or its leadership. This explains why people are willing to ignore self-evident truth and support disastrous decisions. In authoritarian systems especially, stupidity is deliberated cultivated, as obedience and conformity ensure the preservation of power.’”
And, again, there’s economist Carlo Cipolla’s Five Basic Laws of Human Stupidity
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Right after Nixon’s defeat, Roger Ailes started Fox expressly to counteract what he felt was a bias against the Nixon he knew. This started us down a path that has ended here, with wholesale violation of the constitution. The steps that brought us here were filled with denial and inaction.
The path to this crisis is littered with the carcasses of politicians who opposed the conservative coup and called it out. It is strewn with false allegations and false equivalencies.
May God help us; it doesn’t look like any of us are.
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Well said, Roy.
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Is there a reason why other bad guys have to be “rehabilitated” just because Trump is bad? Is it not possible that Nixon is still bad and still shouldn’t be rehabilitated (along with Dubya Bush)?
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And while Musk & Team engage in unprecedented identity theft. We are reminded by the Wall Street Journal that The first flights from the United States to Guantanamo Bay with “illegal” migrants are now under way
The first flights carrying detained migrants from the U.S. to Guantanamo Bay have headed to the American naval base in Cuba.
One flight Tuesday 2/4 from Fort Bliss in Texas to Guantanamo, is scheduled to leave in the afternoon and has roughly a dozen migrants on board. An additional flight left the U.S. on Monday 2/3.
White House press secretary Karoline Leavitt confirmed the developments Tuesday 2/4 on Fox Business. “The first flights from the United States to Guantanamo Bay with illegal migrants are under way,” she said, listing recent immigration-related actions that President Trump has taken. “He’s not messing around.”
https://www.wsj.com/politics/policy/u-s-begins-migrant-flights-to-guantanamo-bay-9fec8df3?mod=hp_lead_pos2
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Starting to get some visibility on the plans for the DOE, which should come soon:
https://amp.cnn.com/cnn/2025/02/04/politics/education-department-trump-executive-order
CNN
—
The Trump administration has begun drafting an executive order that would kick off the process of eliminating the Department of Education, the latest move by President Donald Trump to swiftly carry out his campaign promises, two sources familiar with the plans told CNN.
The move would come in two parts, the sources said. The order would direct the secretary of Education to create a plan to diminish the department through executive action.
Trump would also push for Congress to pass legislation to end the department, as those working on the order acknowledge that shuttering the department would require Congress’ involvement.
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Trump can’t eliminate the dept of education without Congressional approval. He can’t dismantle it w/o Congressional approval
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He seems to acknowledge that, according to the reports.
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Unfortunately he owns Congress. The Democrats can slow the process down but unless some of the Republicans find their souls or their constituents threaten to lynch them, it’s only a matter of time. That being said, if we don’t fight, we can’t win. Am I channeling Kamala?
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Good column by Jonathan Chait today.
The Constitutional Crisis Is Here: If Congress won’t stop Donald Trump and Elon Musk from arrogating its power over federal spending, who will?
By Jonathan Chait
Sometimes a constitutional crisis sneaks up on you, shrouded in darkness, revealing itself gradually. Other times it announces itself dramatically. Elon Musk, to whom Donald Trump has delegated the task of neutering the congressional spending authority laid out in Article I of the Constitution, could hardly be more obvious about his intentions if he rode into Washington on a horse trailed by Roman legions.
“This is the one shot the American people have to defeat BUREAUcracy, rule of the bureaucrats, and restore DEMOcracy, rule of the people,” Musk wrote at 3:59 a.m. today on his social-media platform. “We’re never going to get another chance like this. It’s now or never. Your support is crucial to the success of the revolution of the people.” Here is Musk, as proxy for Trump, casting himself as a revolutionary force and embodiment of the popular will, demanding extraordinary powers to fight some unstated emergency.
Why, exactly, is eliminating these programs right this very instant so important? If, as Musk says, they are teeming with waste and fraud, presumably Congress could pass legislation to reduce or eliminate the problem, and if that were to fall short, it could try again later. Instead, Musk cites a vague crisis that requires suspending normal operations and concentrating power in his own hands. According to various reports, he is holed up in the Eisenhower Building with a small team of young engineers who possess neither government experience nor the authority to question his impulsive judgments, on the hunt for Marxist plots lurking within long-standing federal programs.
The situation exposes a well-known flaw in the design of the Constitution. The Founders, famously, failed to anticipate the rise of political parties. They assumed that each branch of government would jealously guard its own powers, and thus check the others. But political parties created a different incentive system, in which members of the legislative branch can see their role as essentially employees of the president. Trump, who has convinced the Republican base that his interests are indistinguishable from the party’s and transposed his overbearing Apprentice boss persona onto his relations with co-partisans in Congress, is exploiting these incentives more than any other president in history.
In theory, Congress ought to revolt against the prospect of Musk deciding which federal programs should live and which should die. In reality, they largely share Trump’s goals—and to the extent that they don’t, they correctly fear that opposing him would invite a primary challenge. What’s more, this particular constitutional crisis has an inherent partisan asymmetry. If Trump and Musk succeed in taking the power of the purse from Congress, they will effectively reset the rules of the game in favor of the right. Congress’s spending powers would be redefined as setting a ceiling on spending, but not a floor. A world in which the president could cut spending without exposing Congress to accountability would hand small-government conservatives the opportunity to carry out policies they’ve long desired but been too afraid to vote for.
And so, although a handful of conservative intellectuals, including the budget wonk Brian Riedl of the Manhattan Institute and the law professor and former Bush-administration lawyer Jack Goldsmith, have described Musk’s ambitions as unconstitutional, most of the establishment right has cheered him on or stayed quiet. Senator Thom Tillis of North Carolina conceded that Musk’s project might not be strictly constitutional, but nonetheless told the news site NOTUS that “nobody should bellyache about that.”
Making things even more disturbing is the chaotic legal gray area in which Musk is operating. Musk and his team are working in secret, without hearings or public debate. According to Wired, they gained access to the Treasury Department’s federal payment system, shoving aside the long-time staffer overseeing it and ignoring its safety protocols. Democrats suspect that Musk is breaching numerous federal laws, but without any oversight, it is hard to tell precisely what he is doing. In any case, Musk might not have much reason to care about following the law. Trump has already made plain, by issuing mass pardons and commutations for the January 6 insurrectionists, that he will protect illegal conduct on his behalf.
Meanwhile, Musk has adopted Trump’s habit of deeming opposition to his actions inherently criminal. He has called the United State Agency for International Development, a decades-old program with support in both parties, a “criminal organization.” After an X user posted the names of the young engineers working with Musk, previously reported by Wired, he responded, “You have committed a crime.” The X user’s account has since been suspended.
Reporting on the identities of powerful public officials is, in fact, not a crime—even, or especially, if those officials have assumed public powers without going through formal channels. Musk has nonetheless gotten backup for his threats from Edward R. Martin Jr., a former “Stop the Steal” organizer whom Trump installed as U.S. attorney for the District of Columbia. In a vague but menacing message posted (naturally) on X, Martin warned that “certain individuals and/or groups have committed acts that appear to violate the law in targeting DOGE employees.” Martin declined to identify either the individuals or the laws they’d allegedly broken, nor did he acknowledge that reporting about or criticizing Musk’s work constitutes First Amendment–protected activity. Whether Martin acts upon these threats remains to be seen. In the meantime, however, he is contributing to the atmosphere of menace surrounding Trump and Musk by delivering their threats with a legal sheen, like some kind of MAGA Tom Hagen.
The courts will have the final say over Trump’s audacious power grab. In all likelihood, they will affirm congressional authority to set spending levels authorized by the Constitution. But the Constitution ultimately means whatever five Supreme Court justices say it means. The Court’s more conservative justices often apply the most right-wing interpretation of the text they can plausibly defend, and occasionally one they can’t plausibly defend.
What’s more, Musk seems to have intuited that he can destroy programs and bureaucratic cultures faster than the system can restore them. Firing officials en masse, throwing the people and clients that rely on those programs into confusion and financial risk, and striking fear into the whole federal apparatus can break down the institutions and destroy their institutional knowledge. Rebuilding is painfully slow; destruction is rapid. This may be the dynamic Musk has in mind when he insists that his work must happen “now or never.”
Not even the most committed small-government conservative lawmaker would design a process like the one now occurring: a handful of political novices, many of them drinking deep from the fetid waters of right-wing conspiracy theorizing, tearing through the federal budget, making haphazard decisions about what to scrap. And indeed, no elected body has designed this process. Trump and Musk have arrogated the power to themselves. The true urgent cause is to return that power to the legislature before the damage becomes irreversible.
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Just came back from a Town Board meeting…had my phone off etc….
FELON47 says he wants the U.S. to take ownership of Gaza….make it a resort? ( ME: Like he did in Atlantic City?) What???
I feel like I almost just fell out of my chair…
My jaw dropped like in a cartoon…
My God, this guy is out of his mind!
https://apnews.com/live/trump-presidency-updates-day-16
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He’s a madman…..not in any good, life of the party way, either. No, no, no, siree!
No, this is death of the world sort of stuff. Like, the planet. Humanity.
He says we’ll buy Gaza and Greenland and make Canada the 51st state to boot. And, God help Iran if Donny boy slips on a banana peel and meets his demise. Folks, we’re only two weeks in.
Four years of this???
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John,
You are so right. I suddenly felt depressed this evening thinking about the chaos we face for four years. If only the Republicans had the backbone to stand up to him.
They are soon to confirm some of the worst nominees in history. KENNEDY, Gabbard, and Patel.
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Did Jonathan Chait really write “Sometimes a constitutional crisis sneaks up on you, shrouded in darkness, revealing itself gradually. Other times it announces itself dramatically.”??
And sometimes the constitutional crisis has been going on in plain sight for years, but the cowardly “liberal” media is so fearful of being called “biased” that they assured America that the Republicans who believe that (Republican) presidents are kings and the constitution says whatever the Republicans say it does are just as credible as those “elitist Dems” who don’t care about working people and only care about open borders and trans rights.
It’s not being alarmist to recognize the danger BEFORE it gets to DEFCOM 1. Some – Heather Cox Richardson, Rebecca Solnit, Jennifer Rubin, et al – saw the extreme danger in the liberal media normalizing what the Republicans were doing – always going overboard to normalize the Republican spurning the Constitution and the blatant lying, while amplifying supposed “scandals” to push the narrative that the only real truth that both sides agree on is that elitist Democrats are dangerous and untrustworthy and don’t care about anyone but illegal immigrants and trans people. No one knows whether or not what the Republicans tell America is credible, but the “important” story is to remind the public for the 100,000th time that regular Americans sure love Trump and the Republicans because they know the Republicans care about them so much.
Trump lied about winning an election, and incited a violent insurrection to stay in power. He loudly supported the insurrectionists for 4 years and promised to pardon them if he won. He demanded immunity from his crimes in office and the right wing Republicans on the Supreme Court – 3 of whom he appointed – discovered that Nixon was right – if the president does it, it’s not a crime. All of that was a clear alarm bell that the Constitution and rule of law were meaningless to Republicans. What they plan to do is just more of what they ALREADY have done. Keep the media on bended knee. Use the friendly judges to find anything to punish those who threaten the Republican takeover of the country and loudly proclaim that all Republican crimes that help Trump are legal. The NYT will always bend over backward to give the Constitution-spurning narrative legitimacy. They are still doing that. Reporting this obvious illegal coup with the spin that these actions may not be liked by all, and no one knows for sure whether or not they are perfectly fine and legal, and now it’s time to write 100 stories about how many good people in diners just love what Trump is doing.
Just imagine what Americans would be hearing every day, on every media source if a Democrat president tried even 1/10th of what Trump is doing to impose their will.
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Democracy dying in darkness indeed. The Putin puppet and his treasonous minions have now acquired the keys to the Treasury and to your financial information as Congress sits idly by. Putin’s long stated operational goal of destroying the FBI is now in full swing. All of this bluster as our country and our democracy is in flames and not a single man in the room. Cowards, “yes” men and snowflakes every last one of them.
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