Archives for the month of: February, 2025

Many federal government websites went dark after Trump took office. Medical and scientific professionals were concerned when websites containing research were shut down. One reason for the lights out was the Trump administration’s determination to remove any research that contained language that referred to diversity, equity or inclusion and any research that related to sexuality, especially references to transgender or bisexual or any LGBT issues. The Trump administration has stated that there are only two genders–male and female–and that’s it.

The news was reported by The Washington Post:

The Centers for Disease Control and Prevention removed or edited references to transgender people, gender identity and equity from its website Friday, racing to meet a late-afternoon deadline imposed by the federal Office of Personnel Management.

Whole pages about HIV testing for transgender people, guidelines for use of HIV medication and information on supporting LGBTQ+ youth health were no longer available late Friday. The page that lists vaccines recommended by the CDC’s vaccine advisory committee was also no longer available. The vaccine to protect against mpox virus is recommended for groups including transgender, nonbinary or gender-diverse people.

By Saturday, the page of vaccine-specific recommendations was back online, with no mention of the mpox vaccine.

The blog Inside Medicine reported on the pall of censorship by the feds across the scientific community. Its report included the words that triggered the DEI censors.

In the order, CDC researchers were instructed to remove references to or mentions of a list of forbidden terms: “Gender, transgender, pregnant person, pregnant people, LGBT, transsexual, non-binary, nonbinary, assigned male at birth, assigned female at birth, biologically male, biologically female,” according to an email sent to CDC employees (see below).”

A screenshot of a CDC email shared with Inside Medicine of a list of terms that must be removed from any CDC-authored manuscript being seriously considered or “in press” (but not yet online or in print) at any medical or scientific journal.

An expansion of an emerging censorship regime at the CDC. 

The policy goes beyond the previously reported pause of the CDC’s own publications, including Morbidity and Mortality Weekly Report (MMWR), which has seen two issues go unreleased since January 16, marking the first publication gap of any kind in approximately 60 years. Emerging infectious Diseases and Preventing Chronic Disease, the CDC’s other major publications, also remain under lock and key, but have not yet been affected because they are monthly releases and both were released as scheduled in January, prior to President Trump’s inauguration. The policy also goes beyond the general communications gag order that already prevents any CDC scientist from submitting any new scientific findings to the public.

The National Science Foundation was directed to screen papers submitted for funding; it uses a list of words to flag papers that might offend the new administration.Being flagged means that the research needs a closer review to be sure that the topic is inoffensive.

Here is the NSF list:

Judd Legum and Rebecca Crosby of the blog “Popular Information” reported on censorship at the National Secutity Agency.

They wrote:

A memo distributed by NSA leadership to its staff says that on February 10, all NSA websites and internal network pages that contain banned words will be deleted. This is the list of 27 banned words distributed to NSA staff:

Anti-Racism
Racism
Allyship
Bias
DEI
Diversity
Diverse
Confirmation Bias
Equity
Equitableness
Feminism
Gender
Gender Identity
Inclusion
Inclusive
All-Inclusive
Inclusivity
Injustice
Intersectionality
Prejudice
Privilege
Racial Identity
Sexuality
Stereotypes
Pronouns
Transgender
Equality

The memo acknowledges that the list includes many terms that are used by the NSA in contexts that have nothing to do with DEI. For example, the term “privilege” is used by the NSA in the context of “privilege escalation.” In the intelligence world, privilege escalation refers to “techniques that adversaries use to gain higher-level permissions on a system or network.”

DOGE swept into the Institute of Education Sciences at the U.S. Department of Education and, following its advice, the Trump administration canceled $900 million in contracts. Bear in mind, this is the team of 20-somethings who knows a lot about software and coding. It’s unlikely that they know anything about education research.

This is the agency that I ran 30 years ago when I was Assistant Secretary of Education in the first Bush administration. At that time it was called the Office of Education Research and Improvement. I could have suggested some cuts, but certainly not $900 million!

What really bothers me is that this group of kiddies could not possibly know enough to judge the quality of the work they were canceling. Not in a day. Impossible. This was just a slash and burn operation.

ProPublica reported:

The Trump administration has terminated more than $900 million in Education Department contracts, taking away a key source of data on the quality and performance of the nation’s schools.

The cuts were made at the behest of Elon Musk’s cost-cutting crew, the Department of Government Efficiency, and were disclosed on X, the social media platform Musk owns, shortly after ProPublica posed questions to U.S. Department of Education staff about the decision to decimate the agency’s research and statistics arm, the Institute of Education Sciences.

A spokesperson for the department, Madi Biedermann, said that the standardized test known as the nation’s report card, the National Assessment of Educational Progress, would not be affected. Neither would the College Scorecard, which allows people to search for and compare information about colleges, she said.

IES is one of the country’s largest funders of education research, and the slashing of contracts could mean a significant loss of public knowledge about schools. The institute maintains a massive database of education statistics and contracts with scientists and education companies to compile and make data public about schools each year, such as information about school crime and safety and high school science course completion.

Its total annual budget is about $815 million, or roughly 1% of the Education Department’s overall budget of $82 billion this fiscal year. The $900 million in contracts the department is canceling includes multiyear agreements.

According to The Boston Globe, Trump doubled down on his intention to take control of Gaza, expel its inhabitants, and develop the Gaza Strip into a luxurious resort: The Riviera of the Middle East. He said that the Palestinians who live there would not have the right to return.

This statement is making Egypt and Jordan angry, because they have refused to accept the Palestinian Gazans for fear of Hamas terrorists on their soil. It also emboldens Netanyahu and his most extreme supporters, and it threatens to upend the ceasefire and hostage releases.

Where Trump goes, chaos goes with him.

WASHINGTON (AP) — President Donald Trump said Palestinians in Gaza would not have a right to return under his plan for U.S. “ownership” of the war-torn territory, contradicting other officials in his administration who have sought to argue Trump was only calling for the temporary relocation of its population.

Less than a week after he floated his plan for the U.S. to take control of Gaza and turn it in “the Riviera of the Middle East,” Trump, in an interview with FOX News’ Bret Baier that was set to air on Monday, said “No, they wouldn’t” when asked if Palestinians in Gaza would have a right to return to the territory. It comes as he has ramped up pressure on Arab states, especially U.S. allies Jordan and Egypt, to take in Palestinians from Gaza, who claim the territory as part of a future homeland.

“We’ll build safe communities, a little bit away from where they are, where all of this danger is,” Trump said. “In the meantime, I would own this. Think of it as a real estate development for the future. It would be a beautiful piece of land. No big money spent.”

Robert Reich is a relentless fighter for our democracy. He served in the administrations of Gerald Ford, Jimmy Carter, and Bill Clinton, in whose administration he was secretary of Labor.

He wrote recently to urge people to organize against Trump’s violations of the law.

Friends,

Before I post my Sunday cartoon, I want to share with you some thoughts about the third hellish week of Trump II.

As of Friday, Trump has signed more than 50 executive orders, covering every aspect of American life and much foreign policy. 

It’s not just that this number of executive orders is unprecedented in modern American politics. Many are unlawful, unconstitutional, or both. 

In the age of monarchs, kings issued decrees. The tsars of imperial Russia proclaimed ukases. The dictators of the 20th century made diktats. 

Trump issues executive orders.

Average people in the age of monarchs, tsars, and dictators were largely powerless. Resistance meant almost certain death. 

Many people were resigned to vulnerability. They practiced passivity. They knew no life other than repression. But their deference entrenched and ensured the power of monarchs, tsars, and dictators.

Arbitrary power depends on the acquiescence of everyone subjected to it. 

Right now, after three weeks of Trump’s “flooding the zone” (as Trumpers like to say) some of you may be feeling powerless. 

Trump wants you to feel powerless. He depends on your passivity in the face of his takeover of American democracy. 

He wants to be a strongman who can act unilaterally and arbitrarily — who can issue orders about anything that pops into his head. Purging, firing, prosecuting, or deporting anyone he wants removed. Obliterating, freezing, and pummeling any institution he wants destroyed. Unleashing the richest man in the world to do whatever the hell he wants with the government of the United States. 

If you are dumbfounded into inaction, if you don’t even want to hear the news, if you feel as though you’re living through a nightmare over which you have no control, I get it. Every other day I feel the same.

But hear me out. 

You and I have no real choice but to stand up to Trump, Musk, and their lapdogs. To allow them to bully us into submission invites more bullying, more lawlessness, more gonzo executive orders.

Last week I suggested a number of actions we can take. It wasn’t an exhaustive list, of course, only some possibilities. 

Millions of Americans — including many who have been purged from their positions of responsibility — are standing up to Trump and Musk’s tyranny. 

Republican Senator Lisa Murkowski says the Senate phone system has been receiving around 1,600 calls each minute, compared to the 40 calls per minute it usually gets — thus disrupting the system.

We are beginning to flood Trump and Musk’s zone. 

Let’s flood it out. 

This coming April 19 will mark the 250th anniversary of the battles of Lexington and Concord, which began the American Revolution and our war against monarchical power. 

Anti-royalist militia in Massachusetts refused to disperse when ordered to by British troops. A shot was fired, and the troops kept firing, killing eight of those American resisters. Later that day, the militiamen returned that fire, killing a number of British soldiers. The revolution had begun. 

Please don’t get me wrong. I do not advocate violence. I’m simply reminding you that this nation was founded on resistance to arbitrary authority. We built American democracy in the face of what seemed to be impossible odds. 

And we will never, ever give up that fight. 

My friend Harold Meyerson suggests that on April 19 we stage massive peaceful protests in every city and town — crowds of Americans celebrating the anti-monarchical uprising of 1775 and pledging their allegiance to that heritage by denouncing Trump’s increasingly autocratic rule: Thereby flooding Trump and Musk’s zone still further. 

Sounds like a good idea to me. You?

Heather Cox Richardson points out that Trump’s desire to cut the federal budgets threatens to undermine cancer research. Cutting cancer research? Yes. Is cancer research a “Marxist radical lunatic” or DEI activity?

Cancer research is important for all of us, regardless of our political views, or lack thereof. Why in the world would Trump want to cut its funding?

Yesterday the National Institutes of Health under the Trump administration announced a new policy that will dramatically change the way the United States funds medical research. Now, when a researcher working at a university receives a federal grant for research, that money includes funds to maintain equipment and facilities and to pay support staff that keep labs functioning. That indirect funding is built into university budgets for funding expensive research labs, and last year reached about 26% of the grant money distributed. Going forward, the administration says it will cap the permitted amount of indirect funding at 15%.

NIH is the nation’s primary agency for research in medicine, health, and behavior. NIH grants are fiercely competitive; only about 20% of applications succeed. When a researcher applies for one, their proposal is evaluated first by a panel of their scholarly peers and then, if it passes that level, an advisory council, which might ask for more information before awarding a grant. Once awarded and accepted, an NIH grant carries strict requirements for reporting and auditing, as well as record retention.

In 2023, NIH distributed about $35 billion through about 50,000 grants to over 300,000 researchers at universities, medical schools, and other research institutions. Every dollar of NIH funding generated about $2.46 in economic activity. For every $100 million of funding, research supported by NIH generates 76 patents, which produce 20% more economic value than other U.S. patents and create opportunities for about $600 million in future research and development.

As Christina Jewett and Sheryl Gay Stolberg of the New York Times explained, the authors of Project 2025 called for the cuts outlined in the new policy, claiming those cuts would “reduce federal taxpayer subsidization of leftist agendas.” Dr. David A. Baltrus of the University of Arizona told Jewett and Stolberg that the new policy is “going to destroy research universities in the short term, and I don’t know after that. They rely on the money. They budget for the money. The universities were making decisions expecting the money to be there.”

Although Baltrus works in agricultural research, focusing on keeping E. coli bacteria out of crops like sprouts and lettuce, cancer research is the top area in which NIH grants are awarded.

Anthropologist Erin Kane figured out what the new NIH policy would mean for states by looking at institutions that received more than $10 million in grants in 2024 and figuring out what percentage of their indirect costs would not be eligible for grant money under the new formula. Six schools in New York won $2.4 billion, including $953 million for indirect costs. The new indirect rate would allow only $220 million for overhead, a loss of $723 million.

States across the country will experience significant losses. Eight Florida schools received about $673 million, $231 million for indirect costs. The new indirect rate would limit that funding to $66 million, a loss of $165 million. Six schools in Ohio received a total of about $700 million; they would lose $194 million. Four schools in Missouri received a total of about $830 million; they would lose $212 million.

This post appeared originally on October 10, 2023. It explains why Elon Musk’s grandfather Joshua Haldeman left a prosperous life in Canada and moved his family to apartheid South Africa in 1950. He was a successful chiropractor and aviator. He was also involved in politics, but was not successful at winning elections.

Wikipedia describes Haldeman’s racism and anti-Semitism:

Haldeman was a supporter of South Africa’s apartheid policies and the ruling National Party of South Africa, telling a reporter for the extremist Die Transvaler newspaper, a tool of the Nazis in South Africa during World War II: “Instead of the Government’s attitude keeping me out of South Africa, it had precisely the opposite effect—it encouraged me to come and settle here”.[2] In 1951, he wrote an article about South Africa for the Saskatchewan newspaper, the Regina Leader-Post, defending apartheid and writing of Black South Africans: “The natives are very primitive and must not be taken seriously… Some are quite clever in a routine job, but the best of them cannot assume responsibility and will abuse authority. The present government of South Africa knows how to handle the native question.”[2][20]

Weeks after the Sharpeville massacre on 21 March 1960, Haldeman self-published The International Conspiracy to Establish a World Dictatorship and the Menace to South Africa, a 42-page response to the massacre. The United Nations passed Resolution 134, the body’s first official condemnation of apartheid and the beginning of decades of diplomatic isolation. Later Haldeman self-published a second book alleging again international conspiracies: The International Conspiracy in Health, which cast suspicion on fluoridation, vaccinations, and health insurance.[2][21]

Grandfather Haldeman was an energetic private pilot, who traveled the globe. He died in a plane accident in 1974, when Elon was only three years old. Maybe he had no influence on his grandchild.

Too bad Elon Musk didn’t stay there. He could have used his entrepreneurial brain to vitalize the economy of the African continent.

Robert Hubbell again eviscerates the efforts underway to make Trump a king or dictator, as Musk continues his raids on government offices while Trump cheers him on.

Hubbell writes:

It’s a coup. The sooner that congressional Democrats and the legacy media acknowledge that fact, the better we will be able to calibrate our response and mount an effective defense. Democrats in Congress are beginning to get the message, largely because they are being flooded with outraged calls from their constituents. See The New Republic“Disgusted” Democratic Voters Are Blowing Up Congress’s Phones.

To everyone reading this: Keep it up! In fact, redouble your efforts. There is no such thing as contacting your congressional representatives too much!

As noted yesterday, Democrats are starting to fight back in every venue possible. On Friday, Democrats and citizens who value the rule of law continued to make gains in the courts—even though it is not clear that court orders are being honored by Trump and Musk. 

Indeed, the facts suggest that DOJ lawyers are not being candid or forthcoming with federal judges—a practice also known as “lying.” Sooner or later, federal judges will figure out that they are being misled by officers of the court and then there will be hell to pay. But we are getting ahead of ourselves . . . .

On Friday, there was more (mostly) good news on the litigation front. Indeed, the DOJ seems to be strategically retreating so it can get its lies, er, I mean its “story” straight. Let’s take a look at the good news and then examine the evidence of backsliding by the administration.

Before looking at the news, let’s take a quick refresher on the Constitution and the immutable laws of the universe.


A refresher course on the Constitution and the Laws of the Universe

With the above firmly in mind, it is clear that Musk and Trump’s “cutting” spending in various agencies violates Articles I and II of the Constitution, the Impoundment Control Act of 1974, and the founding principle of separation of powers.

The “cuts” that Musk and Trump are imposing through computer hacking relate to funds that Congress has already appropriated—and which must be “duly executed” by the president. If Musk and Trump want to effectuate future cutsto budgets, they must convince Congress to pass an appropriations bill that makes such cuts.

Congressional Republicans have sat on their hands as Musk and Trump have overridden Congress’s Article I powers based on the vague excuse of “fraud,” which has never been specifically identified. Even if fraud exists, the remedy is not to override Congress’s role in the Constitution—it is to report the fraud to the DOJ for criminal prosecution and to Congress for remedial legislation.

Musk and Trump’s unlawful actions go far beyond unauthorized “cuts” accomplished by computer hacking; they extend to the extinguishment of entire agencies and departments created and funded by Congress under the authority of Article I of the Constitution.

So, the “cuts” and “closures” are not merely “controversial,” or “disputed,” or “illegal.” They overthrow the constitutional order and separation of powers by claiming that the president exercises the authority granted to Congress in Article I of the Constitution.

That is a coup. There is no other word for it.

Trump, having seized Congress’s authority under Article I of the Constitution, the open question is whether Trump will also claim the authority of the courts under Article III of the Constitution by asserting the right to decide which court orders, if any, he will obey.

Although the above sounds ominous, I remain confident and optimistic about the eventual outcome of this constitutional test. Why? because of the fourth branch of the government: the people. 

Trump and Musk will get away with their unconstitutional coup up to the point that a critical mass of the people take notice, rise up, and put a stop to the assault on the Constitution. Based on the posts in the Comment section to yesterday’s newsletter, achieving that critical mass may be closer than Trump and Musk believe.

And then there are the Second and Third Laws of the Universe: The “Law of You Broke It, You Own It,” and the Law of Unintended Consequences.” [Yesterday, I referred to the First Law of the Universe: “It is easier to break things than to fix them.”]

Taken together, the laws of the universe lead to the inevitable outcome in which something bad and unexpected happens, at which point Trump and Musk get 100% of the blame, regardless of whether they had anything to do with the event. 

We are already beginning to see that dynamic as MAGA supporters are complaining that the price of eggs continues to increase (because of avian flu that is decimating stocks of egg-laying chickens). See this (satiric) commentary in Real Clear Politics, Egg Prices Are Totally Donald Trump’s Fault!

It is also in the nature of things that everything in the universe regresses to the mean. Extreme events are rare and anomalous. They happen but then recede into the center regions of the Bell Curve, where we live most of our lives.

I do not suggest adopting a “This too shall pass” attitude. But we should recognize that as we fight to defend the Constitution, the immutable laws of the universe, the rules of probability, and the limits of human tolerance are on our side. We have every reason to be confident that we will prevail over the anti-democratic coup that is unfolding before our eyes. Let’s act like it! Act boldly and without fear!


Developments on Friday

The winning streak of coup opponents continued on Friday, with one exception. In the most significant victory, a federal judge prevented the administration from placing 2,200 USAID workers on paid leave. See press release from Democracy ForwardBreaking: Federal Judge Pauses Parts of USAID Shutdown in Response to Lawsuit.

Democracy Forward partnered with the Public Citizen Litigation Group to represent two groups of federal union employees seeking to prevent the illegal shuttering of USAID.

In the complaint, the core of the plaintiffs’ claim is set forth simply and elegantly:

Not a single one of defendants’ actions to dismantle USAID were taken pursuant to congressional authorization. And pursuant to federal statute, Congress is the only entity that may lawfully dismantle the agency.

The complaint also alleges:

  • The President of the United States has only those powers conferred on him by the Constitution and federal statutes
  • The President does not have the power under the Constitution unilaterally to amend statutes.
  • President Trump’s actions to dissolve USAID exceed presidential authority and usurp legislative authority conferred upon Congress by the Constitution, in violation of the separation of powers.

The logic made plain in the USAID complaint applies to virtually every unlawful action taken by the DOGE vandals to date.

In a second victory, a federal judge barred the FBI and DOJ from disseminating the names of the FBI agents who worked on the January 6 investigations. The judge entered an order on a stipulated consent order—i.e., a voluntary agreement between the plaintiff FBI agents (current and former) and the DOJ. The Consent Order is here: FBI Agents Association v DOJ | ORDER | 2025-02-07.

The consent order remains in effect until the hearing on a motion for preliminary inunction, or on two days’ notice, whichever is sooner.

But, in an action by employees of the Department of Labor, a federal judge denied the employees’ request for an order protecting their private information from DOGE hackers. See The Hill, Judge won’t block DOGE from accessing Labor Department systems

The order denying the AFL/CIO’s motion for temporary restraining order is here: AFL / CIO v. Dept of Labor | Order

The judge denied the request for a temporary restraining order on the ground that the plaintiffs have not yet suffered injury and, therefore, do not have standing to bring the suit at this time. The judge nonetheless scheduled a hearing on a preliminary injunction. In short, the case isn’t over.

However, even as employee unions are obtaining injunctive relief in court, it appears that Musk and Trump are continuing their march to the sea unabated. In a press availability on Friday, Trump said that he has effectively given DOGE free rein in making cuts—which, as noted above, violates Articles I and II of the Constitution and the Impoundment Control Act of 1974. See The GuardianTrump hints Musk ‘Doge’ team has free rein with Pentagon next in line for cuts.

At the press conference, Trump said,

Pressed on whether there was anything he has told Musk he cannot touch, Trump offered only a vague reply. “Well, we haven’t discussed that much,” he confessed. “I’ll tell them to go here, go there. He does it. He’s got a very capable group of people. Very, very, very, very capable.

“They know what they’re doing. They’ll ask questions, and they’ll see immediately as somebody gets tongue-tied that they’re either crooked or don’t know what they’re doing. We have very smart people going.”

No reporter asked Trump about the constitutionality or legality of Musk’s actions, asking instead whether anything is “off limits.” In response to that question, Trump said that the Department of Defense and the Department of Education are next:

I’ve instructed him to go check out education, to check out the Pentagon, which is the military. And you know, sadly, you’ll find some things that are pretty bad.

Finally, although a court order restrains Musk and DOGE from obtaining access to the Treasury payments system, Musk has managed to appoint a friend and fellow Silicon Valley venture capitalist to take charge of it. See The New RepublicElon Musk to Install DOGE Crony Amid Treasury Department Takeover.

There is no indication—yet—that Musk has violated the order prohibiting DOGE from having anything more than “read-only” access to the Treasury payment system. Still, two sources (Talking Points Memo and Wired) suggest that DOGE agents have moved beyond read-only access.

Shutting down USAID is simply unconstitutional. For all intents and purposes, USAID has ceased work and been defunded. How that happened is not clear, but the onus is on Trump to “take care that the laws are faithfully executed.” Instead, plaintiffs and legal advocacy groups are forced to play “twenty questions” and “hide the ball” with DOJ lawyers feigning ignorance of the facts.

Peter Navarro is an economist who currently serves as a trade advisor to Trump. In Trump’s first term, Navarro was also an aide on trade issues. When the January 6 commission asked him to testify, he refused. He was eventually sentenced to four months in prison for contempt of Congress.

Navarro claimed in an event sponsored by Politico that Trump’s plans to create an External Revenue Service to collect tariffs were brilliant. He predicted that tariffs would produce so much money for the government that they could eventually replace income taxes as the primary source of revenue.

Currently, Politico points out, tariffs are collected by the U.S. Customs and Border Protection Bureau. But the tariffs are paid not by the country selling the goods, but by the company importing them. Most economists predict that the price increases will be passed on to consumers, which is another way of “taxing” them.

In other words, tariffs increase inflation.

Trump has rolled out multiple executive orders that violate the law. He has installed submissive officials in key departments (like Justice) who will defend his law-breaking. The Republicans (who called Joe Biden a dictator) defend Trump’s reign of lawlessness. They have gleefully given Trump their Constitutional powers. Without a peep.

Dans Milbank advises Democrats: Don’t help him. He doesn’t need your vote.

He writes:

So, here’s a shocker: It turns out that, if you elect a felon as president of the United States, he will continue to break laws once he’s in office.

Who knew?

Ultimately, it will be up to the courts to determine which of President Donald Trump’s actions are illegal. But a case can be made — indeed, many cases already have been made in federal courts — that the new administration over the course of the last fortnight has violated each of the following laws. See if you can say them in one breath. In reverse chronological order of first enactment:

The Protecting Americans from Foreign Adversary Controlled Applications Act of 2024. The Administrative Leave Act of 2016. The Federal Information Security Modernization Act of 2014. The Affordable Care Act of 2010. The Foreign Affairs Reform and Restructuring Act of 1998. The Religious Freedom Restoration Act of 1993. The Computer Fraud and Abuse Act of 1986. The Inspector General Act of 1978. The Privacy Act of 1974. The Impoundment Control Act of 1974. The Rehabilitation Act of 1973. The Federal Advisory Committee Act of 1972. The Immigration and Nationality Act of 1952. The Administrative Procedure Act of 1946. The Public Health Service Act 1944. The Antideficiency Act of 1870.

That’s a century and a half of statutes shredded in just over two weeks. And those don’t include the ways in which Trump already appears to be in violation of the Constitution: The First Amendment’s protections of free speech and association; the Fifth Amendment’s guarantee of equal protection and due process; the Eighth Amendment’s prohibition against cruel and unusual punishment; the 14th Amendment’s promise of birthright citizenship; Article I’s spending, presentment, appropriations and bicameralism clauses; Article II’s take-care clause; and the separation of powers generally.

“The Trump administration so far has been the Advent calendar of illegality,” says Norman Eisen, whose group, State Democracy Defenders Action, has been filing lawsuits against the administration. At least seven federal judges appointed by presidents of both political parties have already blocked Trump’s moves to freeze federal funding, end birthright citizenship, extend a dubious buyout offer to government employees and deny treatment to transgender inmates.

Benjamin Wittes, who runs the popular Lawfare publication, predicts that, of the dozens of instances in which Trump is in conflict with existing law, he will ultimately lose 80 percent of the cases when they eventually arrive at the Supreme Court after 18 months or so of litigation. But that’s a long time to wait while the president’s lawlessness causes chaos and suffering. And even if the pro-Trump majority on the Supreme Court hands him a victory only 20 percent of the time, that could still fundamentally reshape the U.S. government, reducing Congress to irrelevance.

Republicans in Congress have for years asserted their Article I authority, and they howled about encroaching dictatorship when President Joe Biden did nothing more nefarious than forgive student-loan debt. (The Supreme Court struck that down.) So what are they doing about Trump usurping the powers of Congress? They’re applauding.

Sen. Thom Tillis, a North Carolina Republican, acknowledged that what Trump and Elon Musk are doing to cut off congressionally mandated funding “runs afoul of the Constitution in the strictest sense.” But, he told reporters this week, that’s “not uncommon” and “nobody should bellyache about that.”

House Speaker Mike Johnson, at a news conference Wednesday, was asked by Fox News’s Chad Pergram about the “inconsistency” of Republicans who are now “ceding Article I powers to the executive branch under Elon Musk.”

“I think there’s a gross overreaction in the media,” Johnson replied, with a forced chuckle. He admitted that what Trump is doing “looks radical,” but went on: “This is not a usurpation of authority in any way. It’s not a power grab. I think they’re doing what we’ve all expected and hoped and asked that they would do.”

These are not the words of a constitutionally designated leader of the legislative branch. These are the words of a Donald Trump handmaiden. And it is time for Democrats to treat him as such.

Democrats have been negotiating in good faith on a deal to fund the government for the rest of fiscal year 2025; the government shuts down in five weeks if funding isn’t extended. There’s no doubt that Rep. Tom Cole (R-Oklahoma), chairman of the House Appropriations Committee, and Sen. Susan Collins (R-Maine), chairwoman of the Senate Appropriations Committee, are also negotiating in good faith.

But the whole thing is not on the level. Trump has shown that he will ignore the spending bills passed by Congress and fund only those programs he supports — the Constitution, and the law, be damned. And Johnson has made clear that this is “what we’ve all expected and hoped and asked that they would do.”

In a letter to his Democratic colleagues this week, House minority leader Hakeem Jeffries said he told House GOP leaders that Trump’s efforts to cut off programs funded by Congress “must be choked off in the upcoming government funding bill, if not sooner.” But even if Democrats extracted from Republicans language in the spending bill that the programs must be funded as Congress specifies, Trump has already made clear that such a law wouldn’t be worth the paper it’s written on. And Johnson made it clear he has no intention of obliging Democrats with such a guarantee anyway; he said at his Wednesday news conference that Jeffries’s letter “laid out the foundation for a government shutdown.”

Clearly, there is no hope of good-faith negotiation with Trump, or with Johnson. Republicans control the House, Senate and White House. Let them pass a 2025 spending bill on their own. Let them raise the debt ceiling on their own. Let them enact Trump’s entire agenda on their own. They have the votes. Democrats ought not give them a single one.

Good parenting uses the idea of “natural consequences”: If your child refuses to wear her coat, let her be cold for the day. Either way, the voters will provide the consequences: FAFO. Trump knows what this means: He posted a picture of himself next to a FAFO sign, to deliver the message to Colombia’s president during their recent deportation standoff.

Democrats, by withholding their votes, will be giving Trump and Johnson some good parenting. Republicans can shut the government down. Or they can enact the sort of devastating cuts to popular programs that they like to talk about. Either way, the voters will provide the natural consequences.


The third week of the Trump presidency has been just as chaotic as the first two. Trump, who won the 2024 election promising to end wars and to put “America First,” now proposes to take over Gaza and to spend American taxpayer dollars to dismantle bombs and make it a “Riviera” on the Mediterranean. (He later clarified that Israel would handle the forced resettlement of the 2 million Palestinians there — “people like Chuck Schumer” — and then cede the Palestinian land to the United States.) The Trump-appointed chairman of the Federal Communications Commission is using his agency to assist Trump in his personal vendetta against CBS News, forcing the network to hand over unedited tapes of an interview with Kamala Harris that are the subject of a lawsuit Trump filed against CBS.

Funding was shut off to some Head Start programs for preschoolers. And the administration, though it isn’t deporting any more migrants than the Obama administration did, stepped up efforts to humiliate them and is now sending deportees to Guantánamo Bay.

Meantime, the world’s wealthiest man runs amok through the federal bureaucracy, and he appears to have access to private records of all Americans and highly classified information such as the identities of CIA operatives. He is reportedly doing this with a group of unvetted men in their early 20s — as well as a 19-year-old heir to a popcorn fortune who recently worked as a camp counselor. Musk, though he seems to be running much of the country, has exempted himself from all government disclosure and ethics requirements. But fear not: If Musk, whose companies get billions of dollars in federal contracts, “comes across a conflict of interest,” said White House press secretary Karoline Leavitt, he will — Scout’s honor — recuse himself. The administration’s attempt to induce federal employees to take a legally dubious buyout came in the form of an email with the same subject line — “fork in the road” — that Musk used to drive Twitter employees to quit.

The South Africa-born Musk, fresh from his encouragement of far-right extremists in Germany, replied “yes” this week to a post on X that said “we should allow more immigration of White South Africans.”

Musk moved to dismiss staff and shut down the U.S. Agency for International Development, which Musk calls “evil.” Maybe that’s because USAID’s inspector general was investigating the activities of Musk’s Starlink in Ukraine. But the administration and its allies rushed to justify the decision — by fabricating propaganda. At the White House, Leavitt told reporters that she was “made aware that USAID has funded media outlets like Politico. I can confirm that more than $8 million … has gone to subsidizing subscriptions.” Trump inflated the fiction further, to suggest “BILLIONS” went to “THE FAKE NEWS MEDIA AS A ‘PAYOFF’ FOR CREATING GOOD STORIES ABOUT THE DEMOCRATS.” In reality, $44,000 of USAID money went to Politico over several years — not from “payoffs” or “subsidies” but from officials subscribing to Politico Pro, as they did throughout the government (hence the $8 million). On Capitol Hill, Johnson provided a different fabrication, crediting Trump and Musk for stopping USAID from funding “transgender operas in Colombia,” “drag shows in Ecuador” and “expanding atheism in Nepal.” But it appears USAID did not fund any of those things.

The willy-nilly cancellation of all foreign aid would end lifesaving programs and various counterterrorism and counternarcotics efforts, dealing a lethal blow to U.S. soft power and driving countries into the arms of China and Russia, while hurting American farmers in the bargain. But it’s not just USAID. Trump and Musk, with their reckless and unfocused attack on federal workers, are raising the likelihood of any number of crises, at home and abroad. Their hollowing-out of the FBI and the Justice Department (with the notable exception of activities targeting Trump critics and migrants) raises the likelihood of a terrorist attack and foreign infiltration, not to mention more crime domestically. Their attempt to drive workers to quit at the CIA and NSA jeopardizes national security. Depleting the ranks of food-safety inspectors and bank regulators poses obvious dangers, as would Trump’s idea of abolishing FEMA. The administration tried to reduce personnel at the FAA — but last week’s plane crash in D.C. suddenly made it discover we need more air traffic controllers.

Yet Republican leaders on Capitol Hill either salute Trump or look the other way. They’re on their way to confirming all of Trump’s nominees, including vaccines opponent Robert F. Kennedy Jr. to run the federal government’s health programs; Tulsi Gabbard, who has a bizarre fondness for Russia, to oversee intelligence; and Kash Patel, Trump’s agent of vengeance, to run the FBI.

Senate Majority Leader John Thune (R-South Dakota) said the sort of thing Trump and Musk are doing to USAID is “probably true of any administration when they come in.” Handmaiden Johnson even welcomed the proposed U.S. takeover of Gaza, saying, contrary to reality, that it was “cheered by, I think, people all around the world.”

A few Republicans are raising objections. Collins doesn’t think Musk’s upending of USAID “satisfies the requirements of the law,” and she pronounces herself “very concerned.” But what’s the senator from Maine going to do about it? Apparently, nothing.

That will have to be up to Democrats. The out-of-power party has been bashed in the news media and by progressives for doing too little to stand up to Trump. Then, when Democratic lawmakers protested outside USAID headquarters, they were criticized for doing too much. “You don’t fight every fight,” Rahm Emanuel told Politico.

In truth, Democrats have almost no ability to stop Trump, but they do have the power, and the obligation, to stand in lockstep opposition to what the president is doing. Some of them might argue that the only way to protect certain programs, and the vulnerable people who need them, is to cut a deal with Trump and Republicans. But Trump has demonstrated abundantly that he will try to use unconstitutional means to kill off those programs regardless of what Congress does.

But if Democrats can’t stop a reckless president from creating unnecessary crises and harming millions of Americans, they certainly don’t need to give a bipartisan veneer to the atrocity. Let Republicans own the consequences of breaking government. Don’t save Trump from himself.

Heather Cox Richardson is a historian with deep knowledge of the nation’s institutions and its Constitution. It is not surprising that she is appalled by Trump’s calculated and mean-spirited assault on the agencies and departments of the federal government, ignoring laws and norms. Trump is motivated, he says, by a desire to eliminate waste, fraud, and abuse, yet one of his first acts as Presidents was to fire the independent, nonpartisan departmental Inspectors General, whose role is to investigate waste, fraud, and abuse in their agencies.

Richardson writes:

Maya Miller of the New York Times reported today that the congressional phone system has been jammed with tens of millions of calls from outraged constituents contacting their representatives to demand that they stand against President Donald Trump and his sidekick Elon Musk as they unilaterally dismantle the United States government and gain access to Americans’ private information. The Senate phone system usually gets about 40 calls a minute; now it is up to 1,600.

On Wednesday, Nicole Lafond of Talking Points Memo reported that Senate Republicans were not especially concerned about Musk and his Department of Government Efficiency team rampaging through the federal government, figuring that Musk won’t last long and that the courts will eventually stop him. Today, Musk posted on X: “CFPB RIP,” with a tombstone emoji. The Consumer Financial Protection Bureau has recovered more than $17 billion for consumers from fraudulent or predatory practices since it began in 2011.

Trump seems willing to let Musk continue to run amok through the government while he becomes a figurehead. Today he posted on his social media site that he has fired the chair and members of the board of trustees of the Kennedy Center, saying they “do not share our Vision for a Golden Age in Arts and Culture.” He promised to announce a new board, “with an amazing Chairman, DONALD J. TRUMP!” “For the Kennedy Center, THE BEST IS YET TO COME!” he wrote.

U.S. District Judge Carl J. Nichols, who was appointed by Trump in 2019, is less impressed with the direction of the Trump administration. Today, he blocked it from placing more than 2,000 employees of the United States Agency for International Development (USAID) on paid leave. Trump and his allies have claimed—without evidence—that USAID is corrupt, but Steven Lee Myers and Stuart A. Thompson of the New York Times reported today that the disinformation making those claims on social media posts, for example, comes from Russia.

Senator Angus King (I-ME) took his Republican colleagues to task yesterday for their willingness to overlook the Trump administration’s attack on the U.S. Constitution. King took the floor as the Senate was considering the confirmation of Christian Nationalist Russell Vought as director of the Office of Management and Budget. Vought, a key author of Project 2025, believes the powers of the president should be virtually unchecked.

King reminded his colleagues that they had taken an oath to “support and defend the Constitution of the United States against all enemies foreign and domestic” and noted that the Framers recognized there could be domestic enemies to the Constitution. “Our oath was not to the Republican Party, not to the Democratic Party, not to Joe Biden, not to Donald Trump,” King said, “but…to defend the Constitution.”

“And…right now—literally at this moment—that Constitution is under the most direct and consequential assault in our nation’s history,” King said. “An assault not on a particular provision but on the essential structure of the document itself.”

Why do we have a Constitution, King asked. He read the Preamble and said: “There it is. There’s the list—ensure domestic tranquility, provide for the common defense, ensure the blessings of liberty to ourselves and our posterity.” But, he pointed out, there is a paradox: the essence of a government is to give it power, but that power can be abused to hurt the very citizens who granted it. “Who will guard the guardians?” King asked.

The Framers were “deep students of history and…human nature. And they had just won a lengthy and brutal war against the abuses inherent in concentrated governmental power,” King said. “The universal principle of human nature they understood was this: power corrupts, and absolute power corrupts absolutely.”

How did the Framers answer the question of who will guard the guardians? King explained that they built into our system regular elections to return the control of the government to the people on a regular basis. They also deliberately divided power between the different branches and levels of government.

“This is important,” King said. “The cumbersomeness, the slowness, the clumsiness is built into our system. The framers were so fearful of concentrated power that they designed a system that would be hard to operate. And the heart of it was the separation of power between various parts of the government. The whole idea, the whole idea was that no part of the government, no one person, no one institution had or could ever have a monopoly on power.”

“Why? Because it’s dangerous. History and human nature tells us that. This division of power, as annoying and inefficient as it can be,… is an essential feature of the system, not a bug. It’s an essential, basic feature of the system, designed to protect our freedoms.”

The system of government “contrasts with the normal structure of a private business, where authority is purposefully concentrated, allowing swift and sometimes arbitrary action. But a private business does not have the army, and the President of the United States is not the CEO of America.”

In the government, “[p]ower is shared, principally between the president and this body, this Congress, both houses…. [T]his herky-jerkiness…this unwieldy structure is the whole idea,… designed to protect us from the…inevitable abuse of an authoritarian state.”

Vought, King said, is “one of the ringleaders of the assault on our Constitution. He believes in a presidency of virtually unlimited powers.” He “espouses the discredited and illegal theory that the president has the power to selectively impound funds appropriated by Congress, thereby rendering the famous power of the purse a nullity.” King said he was “really worried about…the structural implications for our freedom and government of what’s happening here…. Project 2025 is nothing less than a blueprint for the shredding of the Constitution and the transition of our country to authoritarian rule. He’s the last person who should be put in the job at the heart of the operation of our government.”

“[T]his isn’t about politics. This isn’t about policy. This isn’t about Republican versus Democrat. This is about tampering with the structure of our government, which will ultimately undermine its ability to protect the freedom of our citizens. If our defense of the Constitution is gone, there’s nothing left to us.”

King asked his Republican colleagues to “say no to the undermining and destruction of our constitutional system.” “[A]re there no red lines?” he asked them. “Are there no limits?”

King looked at USAID and said: “The Constitution does not give to the President or his designee the power to extinguish a statutorily established agency. I can think of no greater violation of the strictures of the Constitution or usurpation of the power of this body. None. I can think of none. Shouldn’t this be a red line?”

Trump’s “executive order freezing funding…selectively, for programs the administration doesn’t like or understand” is, King said, “a fundamental violation of the whole idea of the Constitution, the separation of powers.” King said his “office is hearing calls every day, we can hardly handle the volume. This again, to underline, is a frontal assault of our power, your power, the power to decide where public funds should be spent. Isn’t this an obvious red line? Isn’t this an obvious limit?”

King turned to “the power seemingly assumed by DOGE to burrow into the Treasury’s payment system” as well as the Centers for Medicare and Medicaid Services, with “zero oversight.” “Do these people have clearance?” King, who sits on the Senate Intelligence Committee asked. “Are the doors closed? Are they going to leave open doors into these? What are the opportunities for our adversaries to hack into the systems?… Remember, there’s no transparency or oversight. Access to social security numbers seem to be in the mix. All the government’s personnel files, personal financial data, potentially everyone’s tax returns and medical records. That can’t be good…. That’s data that should be protected with the highest level of security and consideration of Americans’ privacy. And we don’t know who these people are. We don’t know what they’re taking out with them. We don’t know whether they’re walking out with laptops or thumb drives. We don’t know whether they’re leaving back doors into the system. There is literally no oversight. The government of the United States is not a private company. It is fundamentally at odds with how this system is supposed to work.”

“Shouldn’t this be an easy red line?” he asked.

“[W]e’re experiencing in real time exactly what the framers most feared. When you clear away the smoke, clear away the DOGE, the executive orders, foreign policy pronouncements, more fundamentally what’s happening is the shredding of the constitutional structure itself. And we have a profound responsibility…to stop it.”

King’s appeal to principle and the U.S. Constitution did not convince his Republican colleagues, who confirmed Vought.

But today, Illinois governor J.B. Pritzker took a different approach, trolling Trump’s claim that the Gulf of Mexico would now be called “the Gulf of America.” Standing behind a lectern and flanked by flags of the United States and Illinois, Pritzker solemnly declared he was about to make an important announcement.

“The world’s finest geographers, experts who study the Earth’s natural environment, have concluded a decades-long council and determined that a Great Lake deserves to be named after a great state. So today, I’m issuing a proclamation declaring that hereinafter Lake Michigan shall be known as Lake Illinois. The proclamation has been forwarded to Google to ensure the world’s maps reflect this momentous change. In addition, the recent announcement that to protect the homeland, the United States will be purchasing Greenland, Illinois will now be annexing Green Bay to protect itself against enemies foreign and domestic. I’ve also instructed my team to work diligently to prepare for an important announcement next week regarding the Mississippi River. God bless America, and Bear Down [a reference to the Chicago Bears football team].”