Archives for category: Democracy

Trump’s war on higher education is similar to his war on every other major institution. He wants everyone to be afraid of him. He wants no critics to escape his wrath. He wants dissident voices silenced. He wants to be our king, our emperor, our dictator.

He has threatened to punish law firms that have represented his opponents, such as his 2016 challenger Hillary Clinton and Special Counsel Jack Smith, who gathered evidence of Trump’s crimes but was ultimately defeated by Trump’s delaying tactics.

He has threatened the news media, hitting CBS News “60 Minutes” with a $10 billion lawsuit for editing its interview with Kamala Harris (which is standard practice) and suing ABC News for a remark by George Stephanopoulos that he didn’t like. Both of these are frivolous lawsuits, but CBS is negotiating a settlement and ABC paid out $15 million to end the lawsuit. In a pre-emptive conciliatory move, Amazon (Jeff Bezos) bought the rights to a documentary about Melania Trump for $40 million, which will be produced by Melania. Bezos owns The Washington Post, where he has told the editorial board to go easy on Trump. The Post lost some of its best journalists after Bezos groveled to Trump.

He has threatened to cut off federal funding to universities if they don’t meet his demands. The ostensible reason for targeting universities is to compel them to combat anti-Semitism on their campuses, but it’s hard to credit Trump’s sincerity. He has defended anti-Semites, dined with them, and received their support. His best friend Elon Musk supported Germany’s far-right AfD party in the recent elections. A man who cares so little about civil rights, who attacks academic freedom, who defunds education and social services, who belittles minorities, who threatens democracy, and who is so utterly lacking in compassion–is no friend of Jews.

Last Friday, Trump said on his “Truth Social” account:

“We are going to be taking away Harvard’s Tax Exempt Status,” Trump wrote in a social media post. “It’s what they deserve!”

The President of the United States cannot take away the tax-exempt status of any individual or organization. That is a decision made by the IRS, and it is illegal for the President or Vice-President or any other government official to interfere in that decision. Such a decision is made by the IRS, must be made for cause, and the institution has the right to defend itself. The process can take years.

If the President could order the IRS to audit or investigate his enemies, it would be a very dangerous policy. He can’t. With Trump, the law is a minor inconvenience, so who knows what he will do. The Supreme Court told him he has absolute immunity so maybe he can disregard the law.

The Trump administration is blasting away at Harvard on multiple fronts. The Department of Homeland Security has threatened to revoke Harvard’s ability to enroll international students, who are 27 percent of Harvard’s enrollments.

The Education Department has demanded that Harvard supply the names and email addresses of all foreign students who were expelled since 2016. The Department also wants the names of all scholars, researchers, students and faculty associated with any foreign government. Just a few days ago, Secretary McMahon informed Harvard that it is no longer eligible for new funding so long as it continues to oppose the president’s agenda. That would mean allowing Trump’s agents to take control of admissions, hiring, and curriculum. The nation’s most prestigious university would have to abandon its independence to Trump.

The Department of Health and Human Services and the National Science Foundation have suspended over $2 billion in grants to Harvard for medical and scientific research. Studies that are focused on causes and cures for tuberculosis and ALS, for example, have come to a halt. Another $7 billion in research funding could be suspended. This could damage the research and work of hospitals across the Boston metro area, and the economy of Massachusetts as well. Since Massachusetts is a blue state, Trump doesn’t care.

If this looks like harassment, that’s because it is.

Trump is certainly no libertarian. He is using every federal source of funding to compel universities, colleges, schools, cities, and states to follow his commands.

That’s not democracy. That’s dictatorship.

New York State law requires private and religious schools to offer an education that is substantially equivalent to what is offered at secular public schools. Some Orthodox Jewish schools refuse to comply. Repeated inspections have found that the recalcitrant Yeshivas do not teach English and do not teach math and science in English.

Dr. Betty Rosa, an experienced educator and New York State Commissioner of Education, has insisted that Yeshivas comply with the law. She fears that their students are graduating from high school without the language skills required for higher education and the workplace.

The Hasidim are a tight-knit group that often votes as a bloc to enhance their political power. They vote for whoever promises to support their interests. Both parties compete for their endorsement.

Eliza Shapiro and Benjamin Oreskes reported the story in the New York Times:

New York lawmakers are considering a measure that would dramatically weaken their oversight over religious schools, potentially a major victory for the state’s Hasidic Jewish community.

The proposal, which could become part of a state budget deal, has raised profound concern among education experts, including the state education commissioner, Betty Rosa, who said in an interview that such changes amount to a “travesty” for children who attend religious schools that do not offer a basic secular education.

“We would be truly compromising the future of these young people,” by weakening the law, Ms. Rosa said. “As the architect of education in this system, how could I possibly support that decision,” she added.

Gov. Kathy Hochul on Monday announced a $254 billion budget agreement but acknowledged many of the particulars are still being hashed out.

Behind the scenes, a major sticking point appears to be whether the governor and the Legislature will agree to the changes on private school oversight, according to several people with direct knowledge of the negotiations, which may include a delay in any potential consequences for private schools that receive enormous sums of taxpayer dollars but sometimes flout state education law by not offering basic education in English or math.

The state is also considering lowering the standards that a school would have to meet in order to demonstrate that it is following the law.

Though the potential changes in state education law would technically apply to all private schools, they are chiefly relevant to Hasidic schools, which largely conduct religious lessons in Yiddish and Hebrew in their all-boys schools, known as yeshivas.

The potential deal is the result of years of lobbying by Hasidic leaders and their political representatives…

The Hasidic community has long seen government oversight of their schools as an existential threat, and it has emerged as their top political issue in recent years.

It has taken on fresh urgency in recent months, as the state education department, led by Ms. Rosa, has moved for the first time to enforce the law, after years of deliberation and delay….

There is little dispute, even among Hasidic leaders, that many yeshivas across the lower Hudson Valley and parts of Brooklyn are failing to provide an adequate secular education. Some religious leaders have boasted about their refusal to comply with the law and have barred families from having English books in their homes.

Mayor Eric Adams’s administration, which has been closely aligned with the Hasidic community, found in 2023 that 18 Brooklyn yeshivas were not complying with state law, a finding that was backed up by state education officials.

A 2022 New York Times investigation found that scores of all-boys yeshivas collected about $1 billion in government funding over a four-year period but failed to provide a basic education, and that teachers in some of the schools used corporal punishment.

It is clear why Hasidic leaders, who are deeply skeptical of any government oversight, would want to weaken and delay consequences for the schools they help run.

It is less obvious why elected officials would concede to those demands during this particular budget season. There is widespread speculation in Albany that Ms. Hochul, facing what may be a tough re-election fight next year, is hoping to curry favor from Hasidic officials, who could improve her chances with an endorsement….

Hasidic voters are increasingly conservative and tend to favor Republicans in general election contests.

New York’s state education law related to private schools, which is known as the substantial equivalency law, has been on the books for more than a century.

It was an obscure, uncontroversial rule up until a few years ago, when graduates of Hasidic yeshivas who said they were denied a basic education filed a complaint with the state, claiming that their education left them unprepared to navigate the secular world and find decent jobs.

 

Last February, Trump met with the nation’s governors. He gave them a lecture about his agenda. When it came to his determination to ban transgender athletes, he called out Governor Janet Mills of Maine. He warned her that had “better comply” with his executive order. They exchanged words. She was unbowed. She said to Trump: “See you in court.”

Trump told the Agriculture Department to hold back $3 million in food from Maine schools.

Maine sued to get the money that was due.

They settled. Maine got its $3 million. Governor Mills changed nothing.

The New York Times reported:

The state’s attorney general, Aaron M. Frey, said his office had withdrawn a lawsuit it filed in objection to the funding freeze, which had held up around $3 million, he estimated, and was initiated by the Agriculture Department last month. The federal dollars, Mr. Frey said in an interview, pay for food preparation in schools and child care centers, and also assist in feeding disabled adults in congregate settings…

“The food doesn’t just buy itself, deliver itself, cook itself,” Mr. Frey said Friday, adding that the Trump administration had tried to “bully” Maine. “The message here is if you don’t follow the law and you try to target Maine without relying on any shred of law to support it, we’re going to have to take you to court.”

The White House deferred comment to the Agriculture Department. 

Ms. Mills said in a statement that the Trump administration had made an “unlawful attempt to freeze critical funding.” But the agreement, she said, will preserve healthy meals for about 170,000 schoolchildren across Maine.

That’s the thing about bullies. If you stand up to them, they back off. They get their power by intimidation. At bottom, they are cowards. Take Trump. He dodged the draft. Five times. Don’t be afraid of him.

Yesterday was World Press Freedom Day.

Press Freedom is at risk in every authoritarian regime, but also in the U.S. Trump has filed frivolous lawsuits against ABC and other news outlets. ABC paid him $15 million to make peace.

Trump sued CBS for $10 billion for editing a “60 Minutes” interview with Kamala Harris and is now in settlement talks. Editing a pre-taped interview is standard practice. The interview may last for an hour, but only 20 minutes is aired. Since Trump won the election, how was he damaged? It is hard to imagine he would win anything in court.

But Trump’s FCC chairman, Brendan Carr, has the power to destroy CBS. And the owner of CBS–Shari Redstone– is currently negotiating a lucrative deal that needs FCC approval. What will CBS pay Trump?

Given Trump’s legendary vindictiveness, will he succeed in eviscerating press freedom? Will the media dare criticize him as they have criticized every other president?

See CNN’s Brian Stelter on the state of press freedom today.

Now comes Trump’s puzzling vendetta against the Voice of America. In March, he issued an executive order to shut it down, although Republicans have traditionally supported it. On April 22, a federal district court judge overturned Trump’s executive order and demanded the rehiring of VOA staff. They were told they would be back at work in days. But yesterday, a three judge appeals court stayed the lower court’s ruling and VOA’s future is again in doubt. Two of the three appeals court judges were appointed by Trump.

The Voice of America has a unique responsibility. It brings objective, factual, unbiased news to people around the globe. For millions of people, the Voice of America is their only alternative to either government propaganda or no news at all.

Why does Donald Trump want to kill the Voice of America.

He has never explained.

He has called VOA “radical,” “leftwing,” and “woke,” but there is no factual basis for those attacks. They are talking points, not facts.

He appointed his devoted friend, Kari Lake, who ran for office in Arizona and lost both times, as the agent of VOA’s demise. She was an on-air commentator, so she knows something about media.

VOA seems to be in a death spiral, like USAID and the Department of Education.

The Washington Post reported on the Appeals Court’s ruling. Kari Lake described the decision as a “huge victory for President Trump.”

Trump has never explained why the Voice of America should be silenced.

Apparently no one at the VOA understands. I found this interview by Nick Schifrin of PBS (also on Trump’s chopping block), Lisa Curtis, and Michael Abramowitz, Director of VOA:

  • Nick Schifrin: Lisa Curtis is the chair of the board of Radio Free Europe/Radio Liberty and a former senior director on President Trump’s first National Security Council staff.
  • Lisa Curtis: While it’s understandable that President Trump wants to cut down on government waste and fraud, I think this is the wrong organization to be attacking. Russia, Iran, China, these countries are spending billions in their own propaganda, their own anti-American propaganda. So I think it’s critical that the U.S. government is supporting organizations like RFE/RL that are pushing back against that disinformation, misinformation.
  • Nick Schifrin: And she says RFE/RL’s content reaches more than 10 percent of Iranians, many of whom have protested the regime.
  • Lisa Curtis:So I think it really is part of U.S. soft power, but they actually call it the hard edge of soft power because it is so effective in getting out the truth about America, about what’s happening in their local environments. And this is absolutely critical.
  • Nick Schifrin:Curtis said she considers the freeze and their funding illegal because the money is congressionally appropriated and RFE/RL’s mission is congressionally mandated. And they will sue the Trump administration to get it restored.To discuss this, I turn to Michael Abramowitz, who since last year has been the president of Voice of America and before that was the president of Freedom House.Michael Abramowitz, thanks very much. Welcome back to the “News Hour.”As you heard, President Trump in his statement on Friday night referred to VOA as a radical propaganda with a liberal bias. Is it?Michael Abramowitz, Director, Voice of America: I don’t think so.I do think that people at many different news organizations have been accused of bias on both right and left, like many different news organizations. VOA is not perfect, but we’re unusual among news organizations because we are one of the few news organizations that by law has to be fair and balanced.Every year, we look at each of our language services, review it for fairness, for balance. I have been a journalist in this field for a long time, and I think the journalists at VOA stand up very well against people from CNN, FOX, New York Times, et cetera, in terms of the commitment to balance.When we do talk shows, for instance, broadcasting into Iran, we will have Republicans, we will have Democrats. We are presenting the full spectrum of American political opinion, which is required by our charter.
  • Nick Schifrin:You have heard from other administration officials or allies of the president. Ric Grenell, who is a special envoy, called it — quote — “a relic of the past. We don’t need government-paid media outlets.”
  • Elon Musk says:“Shut them down. Nobody listens to them anymore.”Fundamentally, why do you believe taxpayers should pay for VOA journalism?
  • Michael Abramowitz:You know, the media is changing, the world is changing, and the Cold War doesn’t exist anymore.But what is happening around the world is that there is a huge, really, battle over information. The world is awash in propaganda and lies, and our adversaries like Russia and China, Iran are really spreading narratives that directly undermine accurate views about America.And we have to fight back. And VOA in particular has been an incredible asset for fighting back by providing objective news and information in the languages, in 48 languages that people in the local markets we serve. No other news organization does that.
  • Nick Schifrin:Let me ask a little bit about the status of the agency. You and every employee were put on leave over the weekend. Today, all contractors have been terminated. Do you have any notion of what the goal is from the administration? Is it to reform VOA, or is it simply to destroy it?
  • Michael Abramowitz:Candidly, I don’t know.Ms. Kari Lake, who is supposed to be my successor at some point she’s given some interviews, and I think she clearly recognizes in those interviews that VOA serves an important purpose. I think there are a lot of Republicans, in particular, especially on the Hill, who recognize the value of Voice of America, who recognize that, if we shut down, for instance, our program on Iran, which is really an incredible newsroom — we have 100 journalists, most of whom speak Farsi, has a huge audience inside Iran.When the president of Iran, when his helicopter went down over the summer, there was a huge spike in traffic on the VOA Web site because the people of Iran knew that they could not get accurate information about what was going on, so they came to VOA to get it. That’s the kind of thing that we can do.
  • Nick Schifrin:I want to point out, we heard from Lisa Curtis, the chair of the board of Radio Free Europe/Radio Liberty.Voice of America and the Cuba Broadcasting, previously known as Radio Marti — we have got a graphic to show this — those are fully federal networks.(Crosstalk)
  • Nick Schifrin:What RFE/RL is talking about, they are a grantee. They get a grant from the U.S. government. RFE/RL will sue. Does VOA have any recourse today?
  • Michael Abramowitz:Well, I think we are — I mean, there’s a lot of discussion about some lawsuits that different parties are making. I know that the employees may be thinking about that.I think — I’m not sure that litigation in the end is going to be the most productive way. Maybe — I mean, you have to see what happens. But I think what would be really great is if Congress and the administration get together, recognize that this is a very important service, recognize that it’s sorely needed in a world in which our adversaries are spending billions of dollars, like Lisa said, and reformulate VOA to be effective for the modern age.
  • Nick Schifrin:And, finally, how — what’s the impact of this decision and the language that we have heard from the Trump administration on the very idea that information, that journalism sponsored by the U.S. government can support freedom and democracy?
  • Michael Abramowitz:We have been on the air essentially for 83 years through war, 9/11, government shutdown. VOA has kept — has kept its — has kept the lights on, has not been silent.So we’re silenced for the first time in 83 years. That’s devastating to me personally. It’s devastating to the staff. It’s devastating to all the thousands of people who used to work at VOA. I mean, this is a very special and unique news organization. It deserves to live. It doesn’t mean we can’t reform, but it deserves to survive.

I still don’t understand why Trump wants to close down America’s voice to the world.

I ask myself, who benefits if the Voice of America is stifled.

The obvious culprits: America’s enemies, especially Russia.

During the decades of the Cold War, VOA beamed information to dissenters behind the Iron Curtain. It kept hope alive.

No one would be happier to see VOA shut down than Putin.

After Trump introduced Elon Musk and his so-called “Department of Government Efficiency,” several Republican-controlled states created their own DOGE operations. Like the one Musk launched, these were non-governmental, unelected, unaccountable cost-cutters, set loose to apply a chainsaw to state government.

John Thompson reports on what happened in Oklahoma.

CBS’s Sixty Minutes recently reported on the danger of H5N1 bird flu spinning out of control. It cited Dr. Kamran Khan who explained why “We are really at risk of this virus evolving into one that has pandemic potential.” Another expert agreed that “this flu could make Covid look like a walk in the park.”

This frightening reporting comes as the DOGE–OK seeks to cut nearly $150 million for programs that provide immunization services, pathogens surveillance, and emerging infectious diseases prevention, and provide Epidemiology and Laboratory Capacity for Prevention of Control of Emerging Infectious Diseases.

And this is only one reason for looking into the DOGE–OK process.

Anyone paying attention to Elon Musk’s leadership of the Trump administration’s DOGE campaign to cut federal programs has reason the fear the DOGE campaigns launched in 26 states. After all, as the Economic Policy Institute (EPI) explains, when Governor Kevin Stitt opened Oklahoma’s DOGE-OK, he called for a reduction in our personal income and corporate tax rates, thus making the state’s tax code even more regressive.

The EPI further explained that Stitt selected Marc Nuttle, “who was the ‘chief strategist’ behind Oklahoma’s 2001 so-called right-to-work referendum—a policy designed to disempower workers and lower wages (and contrary to proponents’ claims, it did not bolster job growth in the state).” The executive order empowered Nuttle to lead efforts of a newly formed agency to study the state budget.

Moreover, the EPI explains:

DOGE-OK is itself duplicative since the Office of the State Auditor and Inspector is constitutionally mandated to “examine the state and all county treasurers’ books, accounts, and cash on hand, stipulating that [the office] shall perform other duties as may be prescribed by law.” Similar to DOGE-OK, the auditor reviews staffing levels, assesses state spending, and issues public reports to promote transparency.

The DOGE-OK report now explains:

Once DOGE-OK ideas are received, they are analyzed and vetted with the appropriate group. If validated, ideas are added to the DOGE-OK website. 

But, when I studied the report, I found no sign of hard evidence to back its claims. For instance, they didn’t explain their methodology, and offered no cost/benefit analyses. DOGE didn’t explain what “groups” it considered to be “appropriate,” and what data was used to analyze and vet, and validate their ideas.  

Since the first DOGE headlines focused on $157 million in supposedly “wasteful health grants” by the federal government, I focused on Medicaid and Department of Health cuts.

These proposed cuts are especially disturbing because, as Shiloh Kantz, the executive director of the nonpartisan Oklahoma Policy Institute, explained, “Oklahoma already ranks among the worst in health outcomes.”

First, DOGE-OK claimed that $60 million per year would be saved if the state, not the federal government, performed eligibility checks on children. And, they cited two drugs that received accelerated approval without working, costing $42 million. But, they did not mention the number and the benefits of the other drugs, like the Covid vaccine, that received accelerated approval.

Also, DOGE-OK inexplicably said that easing the prescription drug cost cap would improve prices. And they recommended repeal of staffing requirements for Long-Term Care facilities in order to save $76 million annually, without mentioning harm to elderly patients due to under-staffing.

DOGE-OK also said that three Oklahoma State Department of Health programs should be cut by almost $150 million because their funding exceeded the amount necessary.  As already mentioned, in the wake of Covid pandemic, and as measles and bird flu spread, these programs provide immunization services, pathogens surveillance, and emerging infectious diseases prevention, etc. So, how did DOGE reach the conclusion that the full funding of those programs is no longer necessary?  

Then, DOGE-OK said that 7 programs should have cuts because of “duplication,” with partners doing the same or similar work. They said $2.2 million would be saved by getting rid of the team efforts necessary to improve health.

And Sex Education should be cut by $236,000 because of its low Return on Investment.

Again, I saw no evidence behind their recommendations for $157,606,300 in overall health care reductions. Neither did they address financial costs of implementing their ideas. And, there is no evidence that DOGE seriously considered the costs in terms of the lives that would be damaged or lost.

Given the history of the Trump/Musk DOGE, none of the DOGE–OK should be a surprise. When Gov. Stitt selected Nuttle, a true-believer in Milton Friedman, to run the project, Stitt said, “With his help, we’ll leave state government leaner than we found it.”

Is that the proper way to launch a supposedly balanced and evidence-driven investigation of such complex and crucial policy approaches?

Stitt’s news release previewed Nuttle’s methodology: “use his knowledge of the inner workings of government to comb through agency budgets, legislative appropriations, and contracts.”

So, to paraphrase the DOGE-OK report’s description of its methodology, its proposals would be “analyzed and vetted” by what they see as the “appropriate group.”

In other words, Oklahomans were never promised an open, balanced, evidence-based DOGE process for making our state better. But the same is also true for Musk’s federal DOGE chainsaw.

The Constitution says Congress has the power of the purse, not the president. The president executes the funding decisions of Congress.

Yesterday Trump called on the Corporation for Public Broadcasting to stop funding public radio and public television. Never mind that National Public Radio brings news to listeners in areas totally saturated by rightwing Sinclair stations. Never mind that PBS is the best source of documentaries about science, history, nature, medicine, other nations, and global affairs. PBS is educational television at its best.

The Washington Post reported:

President Donald Trump signed an executive order on Thursday evening seeking to prohibit federal funding for NPR and the Public Broadcasting Service (PBS). The order, which could be subject to legal challenge, called the broadcasters’ news coverage “biased and partisan.”

It instructs the Corporation for Public Broadcasting to cease providing direct funds to either broadcaster. It also orders CPB to cease indirect funding of the services through grants to local public radio and television stations.

CPB is the main distributor of federal funds to public media. It receives about $535 million in federal funds per fiscal year, which it mostly spends on grants to hundreds of stations nationwide. The stations spend the grants on making their own programming or on buying programming from services such as NPR and PBS.

CPB, created by an act of Congress in 1967, also sometimes provides direct grants to NPR and PBS to produce national programs.
Thursday’s order instructs the CPB board to ensure that stations receiving its grants “do not use Federal funds for NPR and PBS.”

Thom Hartmann sees the pattern on the rug. Trump and Musk are stifling democratic institutions and rushing headlong towards the tyranny they both admire. Trump thinks that he can make himself dictator for life, Like his buddies in Russia and North Korea. Will the public defend the Constitution?

He wrote:

When Harvard, one of America’s oldest and most revered institutions of higher learning, stands defiant as the federal government freezes billions in funding simply because it refuses to knuckle under to authoritarian demands — like gutting DEI programs and turning faculty into immigration informants — we’re no longer playing the usual game of politics.


This is the open throttling of academic freedom, part of a larger, deliberate campaign to silence dissent, centralize power, and erase democratic norms.


We’ve seen this playbook before in other countries — but now it’s being run right here, in the land that once proudly called itself the world’s beacon of liberty.


Democracy doesn’t die in darkness, as the saying goes; it suffocates in broad daylight.


Americans are witnessing an unprecedented assault on the very foundations of our democratic experiment, orchestrated with a precision that would make authoritarian strongmen worldwide nod in approval.


Senator Chris Murphy has raised alarm bells about what he describes as a methodical attack on American institutions that are supposed to keep government accountable to its citizens. By his account, the strategy isn’t dramatic coups or burning parliaments; that’s not how modern democracies perish. Instead, they’re slowly dismantled through the calculated erosion of accountability mechanisms.


History provides a disturbing playbook, and we’re watching it unfold right now here in America. Putin, Orbán, and Erdoğan didn’t need tanks in the streets. They understood that the process is multi-part but straightforward:


— Legitimize political violence,
— Capture the media,
— Intimidate lawyers,
— Install corrupt leaders within regulatory and police agencies,
— Disappear first minorities and later opposition leaders,
— Silence universities, and
— Starve opposition movements by denying their nonprofit status and funding.


Consider what we’re seeing unfold. The recent January 6 pardons sent an unmistakable message about the acceptability of political violence. When legislators openly express fears of “retaliation” — as Senator Lisa Murkowski just did — we’re already several steps down a dangerous path.


Meanwhile, the concentration of media power in the hands of billionaires who increasingly bend to political pressure isn’t accidental. Whether through ownership, lawsuits, or regulatory threats, the ability to speak truth to power is being systematically constrained.


Universities, traditionally bastions of free thought and youth activism, face unprecedented pressure to conform or lose federal support.

Legal professionals, our front-line defenders of constitutional rights, are being asked to choose between principles and practice.


The economic dimension of this strategy can’t be ignored. Targeted tariffs and funding cuts effectively create a corporate compliance regime where business survival depends on political loyalty. When small-dollar online giving platforms become targets, it’s clear this is about drying up resources for political opposition.


Senator Murphy’s warning carries particular weight: “I still believe we can stop it,” he says. His prescription includes institutional solidarity, mass mobilization, and political courage. These steps aren’t just wishful thinking: history shows they work when deployed with determination.


The challenges are clear, but so is the path forward. Democrats and defenders of democracy must recognize this isn’t politics as usual. The systematic undermining of accountability mechanisms isn’t merely partisan: it’s anti-democratic in the most fundamental sense.


It’s the first stages of outright tyranny, the first American dictatorship.


If conventional resistance proves insufficient, Murphy suggests civil disobedience may become necessary. That’s not a suggestion to be taken lightly, especially from a sitting US senator.

The coming months will test America’s democratic resolve. The institutions being targeted aren’t merely political; they’re the scaffolding of self-governance itself. As Murphy warns, “We still have the power, but we probably have less time than most think.”


For those wondering where the line exists between alarmism and appropriate warning, consider this: When elected officials speak openly about fear of retaliation, when media owners preemptively capitulate, when universities face unprecedented political pressure, and when legal professionals must toe ideological lines, we’re no longer discussing hypotheticals.


The American experiment has faced threats before, but, outside of the Confederacy, rarely have they been so comprehensively designed or so methodically executed.


Recognition of this reality isn’t partisan, it’s patriotic. The future of American democracy depends on understanding what’s at stake and acting accordingly.


The assault on Harvard is just one chapter in a larger story — one where the villains aren’t hiding in shadows, but are operating in full view with chilling precision.


The question isn’t whether this is happening. It’s whether enough Americans will recognize the danger in time to stop it.

Joyce Vance was the U.S. Attorney for the Northern District of Alabama. She writes a smart blog called Civil Discourse, in which she writes about court cases and the law, in language accessible to non-lawyers. In this post, she explains how massive protests can change the course of history.

She writes:

This coming Tuesday marks Donald Trump’s 100th day in office, a tenure that has led to a steady decline in the economy. If we use that measure, which many voters said led them to vote for Trump, these first 100 days have been a failure. Even as Trump has successfully seized power from Congress and some organizations have bent the knee to his every request, lawyers are winning in court, and some law firms, businesses, universities, and individuals are standing up to the president who would rather be a king. Trump may not have lost the first 100 days, but he hasn’t exactly won them either. Our democracy has been weakened, but it can still be saved.

Thursday is May Day, May 1st. There will be renewed protest marches across the country, many of them focused on Americans’ increasing awareness that the fundamentals of democracy, which we’ve taken for granted for so long, are in danger. It’s not just due process concerns, although that is an enormous part of it, as the deportations continue. Last week we learned that included some involved American citizen children and children with cancer, with Secretary Rubio offering a sorry rejoinder on Meet the Press this morning, blaming the mothers who took young children back to their countries of origin with them, rather than being forced to abandon them. There are plenty of reasons to march.

This will not be the first time Americans have engaged in mass protests on May Day. In 1971, tens of thousands of people took to the streets in Washington, D.C., to protest the Vietnam War. They began on May 3 and continued for two more days. By the time the protest ended, more than 12,000 protestors had been arrested. The protesters’ goal was to cause a traffic jam that would keep government employees from getting to work; their slogan was “If the government won’t stop the war, we’ll stop the government.”

Mass protests that are large and sustained have an impact on even an entrenched presidency. They did with Nixon. The White House Historical Association’s official version of events concludes that “the enormity of the protest pushed Nixon to accelerate the nation’s exit from Vietnam.” 

Even though it’s a different era, protests are bound to get to the thin-skinned president whose staffers, during his first term in office, had to prepare folders of positive stories about Trump for him to review twice each day. Imagine having thousands of people protesting within earshot of the White House. It must be even more galling because these protests are nonviolent and aim to support democracy through a legitimate exercise of First Amendment rights. They make a powerful statement, in contrast to a president who has abandoned the rule of law. 

In 1970, two-thirds of Americans had come to believe U.S. involvement in the Vietnam War was a mistake. We are not quite there yet when it comes to people’s view of the Trump administration. The most recent NBC News Stay Tuned Poll shows only 45% of Americans approve of the job Trump is doing. But, when asked about how strongly they hold their beliefs about the president, “the vehemence of the opposition outweighs the intensity of support from the president’s MAGA base.” Twenty-three percent of Americans said they were “furious” about what Trump is doing.

Thursday is also Law Day, an annual celebration of the rule of law. Although it has been in effect since 1958, it doesn’t usually receive much attention. This year, lawyers across the country have big plans for the day—make sure you look to see what’s going on in your area. President Dwight Eisenhower established Law Day as a day of national dedication to the principles of government under law. State Bar Associations hold essay competitions for school children, and there are state and national dinners most years. In 2025, Law Day takes on special significance as Americans’ concerns about due process come to the forefront. How fitting that the May Day protests sync with the Law Day commemoration. 

I’ve been doing a lot of research and writing about the origins of Law Day for my book (Giving Up Is Unforgivable, due out October 21), so I’ll leave that for another time, but I want to make sure everyone knows about Law Day. This year, many lawyers across the country will retake their oath to show their support for the rule of law. There is no reason the rest of the country can’t participate too!

The president issues a proclamation every year for Law Day. Trump did during his first term in office, too. In 2019, the proclamation began, “On Law Day, we renew our commitment to the rule of law and our Constitution. The rule of law requires that no one be above the obligations of the law or beneath its protections, and it stands as a bulwark against the arbitrary use of government power.” Unfortunately, he never lived up to those sentiments. On Thursday, we can look for the proclamation and point out the inconsistencies between what we expect from our presidents and how this one is behaving. The hypocrisy is always full force, and we shouldn’t shy away from pointing it out.

Due process is the sleeper issue of the second Trump presidency. No one really expected democracy issues, let alone concepts like the rule of law and due process to animate a country’s protests. But it’s increasingly clear that Americans are smart, and when we are well-informed, we have no difficulty assessing what matters and what is true. We see more and more of that as Americans carry signs that say “No Kings” and “Due Process” at local rallies. All of us can be advocates for democracy, not just the lawyers among us.

Here at Civil Discourse, we all understand the importance of this. We need to make sure the rest of the country does too. Until the Trump administration is over, it has to be Law Day every day. 

In 2024, the Law Day theme was “Voices of Democracy,” recognizing that the people are the rulers in a democracy. Americans express their views without fear of retribution because of the First Amendment and vote in elections to select their leaders. It’s up to us to make sure it stays that way.

This week will bring more briefings in the Abrego-Garcia case and others. There will be outrages, like the fact that Trump has a website hawking merchandise, literally selling the presidency. It’s not just the $50 price tag on the hat; there’s also the slogan, “Trump 2028,” a reference to Trump’s not-so-subtle hints that he’d like to serve a Constitution-busting third term in office. It’s not a joke. It never is with him.

So, make sure you take some time this week to celebrate Law Day. Invite people over. Go for a walk with friends or neighbors and share your views. Talk with your kids. Democracy is not automatic; it’s a participatory sport we must all play in together, one with critically important outcomes. Democracy is important. Let’s make sure we play for keeps.

We’re in this together,

Joyce

Jamelle Bouie, one of the most insightful columnists for The New York Times, observes that Trump has no interest in governing. He is interested in ruling. He thinks he has a mandate, even though he did not win 50% of the popular vote. He thinks his will is as powerful as law. He does not share power with Congress, and he’s testing how far he can go to diminish the courts.

Bouie reflects on Trump’s indifference to the other branches of Govenment in this newsletter:

I think it’s obvious that neither President Trump nor his coterie of agents and apparatchiks has any practical interest in governing the nation. It’s one reason (among many) they are so eager to destroy the federal bureaucracy; in their minds, you don’t have to worry about something, like monitoring the nation’s dairy supply for disease and infection, if the capacity for doing so no longer exists.

But there is another, less obvious way in which this observation is true. American governance is a collaborative venture. At minimum, to successfully govern the United States, a president must work with Congress, heed the courts and respect the authority of the states, whose Constitutions are also imbued with the sovereignty of the people. And in this arrangement, the president can’t claim rank. He’s not the boss of Congress or the courts or the states; he’s an equal.

The president is also not the boss of the American people. He cannot order them to embrace his priorities, nor is he supposed to punish them for disagreement with him. His powers are largely rhetorical, and even the most skilled presidents cannot shape an unwilling public.

Trump rejects all of this. He rejects the equal status of Congress and the courts. He rejects the authority of the states. He does not see himself as a representative working with others to lead the nation; he sees himself as a boss, whose will ought to be law. And in turn, he sees the American people as employees, each of us obligated to obey his commands.

Trump is not interested in governing a republic of equal citizens. To the extent that he’s even dimly aware of the traditions of American democracy, he holds them in contempt. What Trump wants is to lord over a country whose people have no choice but to show fealty and pledge allegiance not to the nation but to him.

What was it Trump said about Kim Jong-un, the North Korean dictator, during his first term in office? “Hey, he’s the head of a country. And I mean he is the strong head. Don’t let anyone think anything different,” Trump said in 2018. “He speaks, and his people sit up at attention. I want my people to do the same.”

He wants his people to do the same.

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Trump’s FBI and ICE agents arrested Milwaukee County Circuit Judge Hannah Duggan in her courtroom and led her away in handcuffs because she sent a defendant out a back door. Trump officials said the judge was helping the defendant evade arrest, and they demonstrated that “no one is above the law” ( except Donald Trump). Critics said that Trump’s Department of Justice made a mockery of the law by arresting a judge.

See the comments of this Wisconsin Appeals Court judge who told CNN the Trump administration was sending a message to judges everywhere to bend to the will of the Trump administration. He was “appalled” that Judge Dugan was publicly humiliated, and that the director of the FBI Kash Patel posted a tweet of her being led away.

Judge Dugan told the agents that they should return with the correct warrant. One agent rode in the same elevator with the man sought by the Feds, but made no attempt to arrest him.

The New York Daily News editorial board said:

The FBI arrest of a Milwaukee local judge on felony counts related to immigration enforcement is an unwarranted and dangerous escalation by the Trump administration.

For the FBI to arrest someone at their workplace, they usually have to have been charged with something especially dire. For Milwaukee County Circuit Judge Hannah Dugan, this offense was allegedly refusing to hand defendant Eduardo Flores Ruiz, who had just had a hearing before the judge, over to an ICE task force that showed up in her courtroom. Dugan was charged with two federal felonies and taken into custody, which FBI Director Kash Patel gloated about on social media.

Attorney General Pam Bondi, for whom advancing the MAGA movement’s political agenda supersedes ensuring the equal and fair administration of justice, went on TV to say: “no one is above the law.” Aside from the dissonance of serving under a president who was only able to evade extremely serious federal charges by being elected to the White House, Bondi either doesn’t realize or doesn’t care that Dugan was in fact attempting to ensure the integrity of the legal process.

Flores may have been guilty of his misdemeanor charges, or he may not. The point of the proceedings before Dugan was to establish that and, if appropriate, what his punishment should be. Because of ICE’s detention, that won’t happen, which is bad for Flores, bad for any alleged victims — who won’t see justice — and bad for the larger community as immigrants and their families begin to see the courthouse as a dangerous place to be.

Having ICE at the courthouse means immigrants won’t report crimes, assist law enforcement, or show up for their own court hearings, which makes everyone less safe, not to mention completely undercuts the baseline American ideal of due process, not something that Bondi and her cadre seem to hold in very high esteem.

It’s ironic that Dugan was charged with “obstructing a proceeding” when the only people obstructing an official proceeding here were the task force that showed up to take Flores into custody. This task force, per the government’s own criminal complaint, consisted of just one ICE agent plus one Customs and Border Protection agent, two FBI agents and two DEA agents.

We wonder if six federal agents, four of whom are not in immigration-focused agencies, could have found a better use of their time than detaining a single person at a courthouse. Now, more federal resources will be wasted on this fiasco as the government tries to move forward with a prosecution of a sitting judge whose alleged crime was simply letting a defendant walk through a different hallway.

Patel, Bondi and Trump are overplaying their hand, especially as the president’s immigration policy approval keeps dropping amid public outrage over authoritarian assaults on due process and separation of powers. Going to war with the judiciary is not going to end well, especially given the volume of federal judges, including Trump-appointed and conservative judges and the Supreme Court’s own conservative majority, that are questioning the administration’s power grab.

Federal judges aren’t likely to look favorably on this flagrant assertion of power in arresting a popular county-level counterpart just for not letting her courtroom become an ICE staging ground.