Archives for category: Freedom

Someday, somehow, there will be another President of the United States, and his name won’t be Trump. That future President might well be a Democrat. That President might be in a position to exercise unchecked power, thanks to the acquiescence of the current Congress and Supreme Court, which are allowing Trump to exercise the powers of a dictator. The second and third branches of our government have willingly wiped out the separation of powers and ceded their authority to the President.

Congress has voted to give its power of the purse to King Donald. The Supreme Court (the Supine Court) has stood aside and approved of whatever the King wants, regardless of precedent. Justice Thomas said recently that precedent was irrelevant; he is no longer an originalist.

Now comes what might be considered the most important question. May the President send in troops–either the state’s National Guard, the National Guard of other states, or even the regular military–to cities that he believes need to be suppressed?

A Trump-appointed federal judge ruled that he could not. Justice Karin Immergut, appointed by Trump, ruled that Trump could not send troops to Portland, because it is not “war-ravaged,” as he claimed, or in a state of rebellion. In other words, you can’t just make sh-t up to do whatever you want, even if you are the President.

Constitutional lawyer Steve Vladeck, a scholar at the Georgetown University Law Center, noted that Trump’s advisors are claiming that the President doesn’t need approval of the courts before using the troops on American soil. He explains here why the President can’t ignore the judiciary.

Welcome back to “One First,” an (increasingly frequent) newsletter that aims to make the U.S. Supreme Court more accessible to all of us. If you’re not already a subscriber, I hope you’ll consider becoming one (and, if you already are, I hope you’ll consider upgrading to a paid subscription if your circumstances permit):

I wanted to put out a quick issue this morning in light of Judge Karin Immergut’s remarkable ruling yesterday, granting a temporary restraining order against President Trump’s federalization of members of the Oregon National Guard to quell the “violence” in “war-ravaged Portland.” That ruling has prompted a slew of claims this morning from the President’s advisers and outside supporters that federal courts, in general, lack the power to halt domestic deployments of the military.

Before this claim makes it too far, it seems worth helping to educate folks about a key early precedent that, in my view, cuts entirely in the other direction—and that provides powerful evidence, to those who care about such things, that the Founding-era understanding not only tolerated a robust judicial role in such cases, but, for a time, actually required one. That’s not to say Judge Immergut’s specific analysis in this case is correct (although I’m sympathetic); it’s to say that there is nothing categorically inappropriate about federal courts reviewing—and, where necessary, halting—domestic uses of the military while they are ongoing. Indeed, it would be striking if it were otherwise.

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The modern-day Insurrection Act traces its lineage all the way back to a statute Congress enacted on May 2, 1792—which has often been referred to as the Calling Forth Act or First Militia Act. That statute was designed to carry into effect the Constitution’s grant of power to Congress, in Article I, Section 8, Clause 15, “[t]o provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.” 

The idea was that Congress would identify the circumstances in which military power could be used domestically—and would thence delegate that power to the President. As Justice (Robert) Jackson would remind us in his concurring opinion in Youngstown, the Clause’s “limitation on the command power, written at a time when the militia rather than a standing army was contemplated as the military weapon of the Republic, underscores the Constitution’s policy that Congress, not the Executive, should control utilization of the war power as an instrument of domestic policy.”

But how, exactly, should that delegation work? This question was the subject of a rich debate in the Second Congress—one that culminated with the 1792 statute. I’ve summarized that debate elsewhere; for present purposes, the key point is that Congress’s principal concern was not with the last two circumstances in which it was to delegate power to the President (“to suppress Insurrections and repel Invasions”), but with the first circumstance (“to execute the Laws of the Union”). And the way Congress addressed its concerns was to delegate the authority to use the military, but with meaningful procedural checks. 

Here’s the full text of section 2 of the act, image first; block quote second, with the key provisions highlighted:

[W]henever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, the same being notified to the President of the United States, by an associate justice or the district judge, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of a state, where such combinations may happen, shall refuse, or be insufficient to suppress the same, it shall be lawful for the President, if the legislature of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary, and the use of militia, so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the ensuing session.

In other words, unlike section 1 (which dealt with insurrections and invasions), section 2 imposed two procedural requirements on domestic use of the military to carry out the laws of the union: a district judge or Supreme Court justice had to make the requisite factual findings before the President could do anything;¹ and, if out-of-state militia were used, there was a baked-in sunset.

Even though the Congress that enacted the 1792 act was full of folks who were either at the Constitutional Convention (and helped to draft that document) or who were central in the ratification debates, my research found no evidence that members made constitutional objections to the judicial review that section 2 required. And President Washington, in putting down the Whiskey Rebellion two years later, followed the statute’s mandates to the letter—obtaining the requisite judicial determination from Supreme Court Justice James Wilson (one of the six people to sign both the Declaration of Independence and the Constitution) before he sent troops to Western Pennsylvania to restore order.

The 1792 act was written as a temporary experiment. Congress decided to delegate comparable authority on a permanent basis in 1795—and, alas, removed the ex ante judicial review requirement. But there was no suggestion at the time, and I’m unaware of any since, that the provision was eliminated for constitutional reasons—as opposed to Congress’s broader (if, alas, myopic) view that the checks weren’t needed in light of how responsibly President Washington had behaved during the Whiskey Rebellion.

Thus, although there are later examples of courts issuing injunctions against domestic uses of the military (Youngstown itself stands out as a fairly prominent example), the relevant point for present purposes is that there was no Founding-era aversion to a robust judicial role in these cases. The first statute Congress ever enacted on the subject required such a role, and there was no contemporaneous suggestion that the Constitution forbade it.

I am, as regular readers of this newsletter likely know, no great fan of “originalism” as a conclusive methodological approach to constitutional interpretation. Thus, the way that I tend to think about these things, the existence of the judicial review provision in the Calling Forth Act of 1792 is useful evidence of how the Constitution was understood at the time, but nothing more. Rather, the argument for judicial review being available to halt, where necessary, unlawful domestic uses of the military rests on a lot more, in my view, than what some folks believed more than 230 years ago.

But for those who ascribe to the view that we are, today, bound by how the Constitution was understood then, I do not see how one can reconcile the 1792 precedent with any claim that prospective judicial review is categorically precluded when it comes to domestic use of the military. And given current and recent events, such review, if anything, seems more important than ever—whatever its outcome.

Larry Ellison, founder of Oracle, has recently been contending with Elon Musk for the title of world’s richest man. Both have wealth in the neighborhood of $350-400 billion. I mean, really, who cares? I can think of so many ways they could do something good for others with all that moola-boola, but no! They are on a power trip. Instead of feeding hungry children or endowing a hospital or funding wells in African villages, they buy self-aggrandizing toys.

Elon Musk wants to build a rocket to Mars and control the world’s satellite communications systems.

Larry Ellison bought CBS. He’s a friend of Donald Trump. CBS cancelled Stephen Colbert’s show. Colbert ridicules Trump. His show will be on the air until May so he has months in which to make jokes about Trump.

But CBS was not enough now Ellison wants to buy CNN and HBO. In its headline, the New York Times calls Ellison “the Billionaire Trump Supporter Who Wants to Own the News.”

William D. Cohan writes:

Larry Ellison is already a major stakeholder in CBS and Paramount. Now CNN, HBO and a major share of TikTok are in his sights. If all goes as anticipated, this tech billionaire, already one of the richest men in the world and a founder of Oracle, is poised, at 81, to become one of the most powerful media and entertainment moguls America has ever seen.

For the rest of us, the effect of Mr. Ellison’s gambit could be every bit as consequential, if not more so, than what happened a generation ago when Rupert Murdoch brought his brand of Down Under snark and cynicism to create what has become Fox News, intensifying our political polarization.

Mr. Ellison’s expected incursion into Hollywood and Big Media, if successful, could also go well beyond what other tech moguls like Jeff Bezos and Marc Benioff have attempted through their acquisitions of The Washington Post and Time magazine, respectively. For those men, the acquisitions were more like expensive hobbies.

Mr. Ellison is up to something very different: transforming himself into a media magnate. Along with his son, David, he could soon end up controlling a powerful social media platform, an iconic Hollywood movie studio and one of the largest content streaming services, as well as two of the country’s largest news organizations. Given Mr. Ellison’s friendship with, and affinity for, Donald Trump, an increasingly emboldened president could be getting an extraordinarily powerful media ally — in other words, the very last thing our country needs right now.

This consolidation of the news media is not good for democracy. What will freedom of the press mean if billionaires control the news?

Open the link to continue reading.

Please watch. I am sorry this clip appears on Instagram. If anyone can find an independent link, please add. It is a powerful speech that reminds me what it’s like to have an intelligent, articulate national leader. That makes me sad.

https://www.instagram.com/reel/DNiok7rx5sW/?igsh=OWkyZ294NHRoM3Zs

The German data company Datapulse released a report showing the vast and growing power of billionaires in the U.S. The report confirms your and my suspicions about the rigging of our economy and our politics. Surely it’s no surprise that Trump’s Cabinet is packed with billionaires. Guess who they are looking out for? Not you.

They cheered on Elon Musk’s ignominious DOGS as they slashed vital government programs. They didn’t complain when Musk closed USAID, causing the ultimate deaths of millions of children and parents because of the halt in US food, medicine and health clinics.

They are thrilled to see Trump send in the troops to halt protests against ICE tactics.

A democracy is supposed to be of the people, for the people, by the people. We are rapidly devolving into an autocratic regime where the rich run the show.

Here is what Datapulse found:

The report, “The Rich Aren’t Just Getting Richer—They’re Running the Show” moves beyond familiar headlines to provide fresh, specific data points on wealth, power, and policy.

Key findings include:

  • The Myth of “Tax Flight”: Contrary to popular narratives, the mega-rich are not fleeing high-tax states. Our data shows that California and New York, states with progressive tax codes, are home to 40% of all U.S. billionaires.
  • Explosive Growth: The number of U.S. billionaires has nearly tripled since 2007, growing from 329 to 877 today. This trajectory is unique to America; China’s billionaire class, by comparison, is stalling.
  • The Rise of the Billionaire Political Class: In the post-Citizens United era, the top 10 political donors, all billionaires, contributed over $420 million in the 2024 cycle alone, directly translating wealth into political influence.
  • Policy for the Few: The study analyzes the direct impact of billionaire-backed policy, such as the House’s 2025 “Big Beautiful Bill,” which could see billionaires gain over $390,000 in annual after-tax income while households earning under $51,000 see their incomes shrink.
  • Concentrated Wealth: Tech and Finance now account for nearly half of all U.S. billionaires, with tech titans alone commanding 37% of total billionaire wealth.

The full study with all 10 interactive charts is available here:
https://www.datapulse.de/en/billionaires-usa/ 

This data provides a new lens through which to view the intersection of wealth and power in America.

The report was compiled by Datapulse.


https://www.datapulse.de/en/
(+49) 30-75437064

Voice of America is known worldwide for its straightforward, unbiased presentation of world news. Trump placed MAGA enthusiast Keri Lake in charge. At his behest, she just laid off most of the VOA staff. Remember when America was great? We thought we had a message for the world and that the truth would set us free.

But Trump doesn’t want to “Make America great Again.” He wants to make America a land of bitter divisions, where the rich get richer, and the poor get poorer and sicker, unable to get health insurance, medical care, good schools, or any opportunity to rise into the middle class. For that, you need unions and good jobs.

The New York Times just reported:

The Trump administration sent layoff notices on Friday to more than 600 employees at Voice of America, a federally funded news organization that provides independent reporting to countries with limited press freedom.

The layoffs, known as reductions in force, will shrink the staff count at the news organization to less than 200, around one-seventh of its head count at the beginning of 2025. They put Voice of America journalists and support staff on paid leave until they are let go on Sept. 1.

The termination notices are the latest round of the Trump administration’s attack on federally funded news networks, including Voice of America.

In March, President Trump accused the news group of spreading “anti-American” and partisan “propaganda,” calling it “the voice of radical America.” He then signed an executive order that effectively called for dismantling of the news agency and put nearly all Voice of America reporters on paid leave, ceasing its news operations for the first time since its founding in 1942.

Kari Lake, a fierce Trump ally and a senior adviser at the news organization’s oversight agency, U.S. Agency for Global Media, notified Congress earlier this month that her agency intended to eliminate most positions at Voice of America. Her letter identified fewer than 20 employees who must remain at the media organization, according to laws passed by Congress to establish and fund it. Friday’s termination notices leave around 200 employees.

Ms. Lake’s decision “spells the death of 83 years of independent journalism that upholds U.S. ideals of democracy and freedom around the world,” Patsy Widakuswara, a former Voice of America White House bureau chief who was placed on leave and is leading a lawsuit against Ms. Lake and the U.S. Agency for Global Media, said in a statement.

She encouraged Congress to intervene and to signal support for Voice of America, which was founded to combat Nazi propaganda and reported in countries that suppress independent reporting and free speech.

“Moscow, Beijing, Tehran and extremist groups are flooding the global information space with anti-America propaganda,” Ms. Widakuswara said. “Do not cede this ground by silencing America’s voice.”

Benjamin R. Cremer is pastor at the United Methodist Church in Boise, Idaho. I read his essays regularly. He is truly a Christian. He preaches love, not hate. He knows and tries to exemplify the Beatitudes.

He wrote about the meaning of this day:

On June 19, 1865—two and a half years after the Emancipation Proclamation was signed—enslaved Black Americans in Galveston, Texas were finally informed of their freedom. This day, now known as Juneteenth, marks not just the delayed enforcement of a national promise, but the resilient hope and courage of a people who endured unspeakable injustice while still holding onto the belief that liberation would come.

As Christians, we must understand that Juneteenth is not just a historical footnote—it is a call to theological clarity and moral responsibility. Scripture consistently reveals a God who hears the cries of the oppressed (Exodus 3:7), who calls for justice to “roll on like a river” (Amos 5:24), and who sets the captives free (Luke 4:18). The story of God is a story of liberation—not just personal salvation, but also the dismantling of systems that crush the image of God in others.

Juneteenth challenges us to confront a difficult truth: that much of American Christianity was complicit in slavery, and that the legacy of that sin continues in our institutions, our policies, and yes—even in some of our pulpits. But the gospel does not shy away from hard truths. It invites us to repentance. To truth-telling. And to the costly work of reconciliation and repair.

In our time when people are heard saying “Illegal is illegal,” Juneteenth invites us to remember that slavery was once legal. Harboring a fugitive enslaved person was illegal. Black freedom illegal. “Illegal is illegal” has always been used to defend injustice. Legality ≠ morality. Justice calls us higher.This is not about shame. It’s about grace. Grace that tells the truth. Grace that restores what has been broken. Grace that refuses to be silent in the face of injustice. 

Observing Juneteenth as Christians means celebrating the faith and dignity of Black Americans who have carried the gospel with courage even when the church failed to. It means honoring the day freedom was announced, and lamenting that it was so long withheld.

May we not be a people who forget. May we be a people who remember rightly, act justly, and walk humbly with our God (Micah 6:8).

If you are looking for a tangible way to get involved in communal justice work, I want to let you know about Be Love day, put on by the King Center. Be Love is a growing movement of courageous acts to achieve justice, which is based on these words from Dr. Martin Luther King, Jr.: “Justice at its best is love correcting everything that stands against love.” Be Love seeks to strategically define and unleash the true power of love to unite humanity, cultivate true peace, and create the Beloved Community. The movement is holding “Be Love Day” on July 9th. Click the link above to learn more.

Open the link to continue reading.

Joyce Vance is a former federal prosecutor for North Alabama. She writes an important blog called Civil Discourse, where she usually explains court decisions and legal issues. Today she turns to education.

Today I’m recovering from the graduation tour, one in Boulder and one in Boston in the last two weeks, and getting back into the groove of writing as I continue to work on my book (which I hope you’ll preorder if you haven’t already). The graduations came at a good moment. 

Watching my kids graduate, one from college and one with a master’s in science, was an emotional experience—the culmination of their years of hard work, sacrifice, and growth, all captured in a single walk across the stage. They, like their friends, my law students, and amazing students across the county, now enter society as adults. Even beyond the individual stories of hardships overcome and perseverance, witnessing these rites of passage makes me feel profoundly hopeful. The intelligence and commitment of the students—many of whom are already tackling big problems and imagining new, bold solutions—gives me a level of confidence about what comes next for our country. In a time when it’s easy to get discouraged, their commitment and idealism stands as a powerful reminder that they are ready to take on the mess we have left them. 

The kids are alright, even though they shouldn’t have to be. Talking with them makes me think they will find a way, even if it’s unfair to ask it of them and despite the fact that their path will be more difficult than it should be. Courage is contagious, and they seem to have caught it. Their educations have prepared them for the future we all find ourselves in now.

As students across the country prepared to graduate this year, Trump released his so-called “skinny budget.” If that’s how they want to frame it, then education has been put on a starvation diet—at least the kind of education that develops independent thinkers who thrive in an environment where questions are asked and answered. Trump pitches the budget as “gut[ting] a weaponized deep state while providing historic increases for defense and border security.” Defense spending would increase by 13% under his proposal.

The plan for education is titled, “Streamline K-12 Education Funding and Promote Parental Choice.”Among its provisions, the announcement focuses on the following items:

  • “The Budget continues the process of shutting down the Department of Education.” 
  • “The Budget also invests $500 million, a $60 million increase, to expand the number of high-quality charter schools, that have a proven track record of improving students’ academic achievement and giving parents more choice in the education of their children.”

As we discussed in March, none of this is a surprise. Trump is implementing the Project 2025 plan. In December of 2024, I wrote about how essential it is to dumb down the electorate if you’re someone like Donald Trump and you want to succeed. A rich discussion in our forums followed. At the time I wrote, “Voters who lack the backbone of a solid education in civics can be manipulated. That takes us to Trump’s plans for the Department of Education.” But it’s really true for the entirety of democracy.

Explaining the expanded funding for charter schools, a newly written section of the Department of Education website reads more like political propaganda than education information: “The U.S. Department of Education announced today that it has reigned [Ed: Note the word “”reigned” is misspelled] in the federal government’s influence over state Charter School Program (CSP) grant awards. The Department removed a requirement set by the Biden Administration that the U.S. Secretary of Education review information on how states approve select entities’ (e.g., private colleges and universities) authorization of charter schools in states where they are already lawful authorizers. This action returns educational authority to the states, reduces burdensome red tape, and expands school choice options for students and families.”

There are already 37 lawsuits related to Trump’s changes to education. Uncertainty is no way to educate America’s children. Cutting funding for research because you want to score political points about DEI or climate change is no way to ensure we nurture future scientists and other thinkers and doers…

I am reminded again of George Orwell’s words: “The most effective way to destroy people is to deny and obliterate their own understanding of their history.” The historians among us, and those who delve into history, will play a key role in getting us through this. Our love and understanding of history can help us stay grounded, understanding who we are, who we don’t want to become, and why the rule of law matters so damn much to all of it….

Thanks for being here with me and for supporting Civil Discourse by reading and subscribing. Your paid subscriptions make it possible for me to devote the time and resources necessary to do this work, and I am deeply grateful for them.

We’re in this together,

Joyce

The crowds were larger and more animated at the No Kings rallies than on Constitution Avenue, where Trump summoned up a parade in honor of his 79th birthday.

Yesterday evening, I saw tweets comparing the demeanor of the American service members to their parade counterparts in Russia, North Korea, and China. The soldiers in other countries marched in perfect symmetry, with not an eye or a boot out of place. The Americans seemed to be strolling. The tweets were meant to mock us. Some were posted by someone in another country. I responded, “Those Russian troops in perfect formation have not been able to beat Ukraine in three years. If they engaged American troops, our army would kick them all the way back to Moscow.”

Anand Girihadaras wrote a wonderful reflection on the same videos:

The country that invented jazz was never going to be good at putting on a military parade. It was never going to be us.

In the wake of Donald Trump’s flaccid, chaotic, lightly attended, and generally awkward military parade, a meme began doing the rounds. Its basic format was the juxtaposition of images of the kinds of parades Trump presumably wanted with the parade he actually got.

Over here, thousands of Chinese soldiers marching in perfectly synchronized lockstep; over there, a lone U.S. soldier holding up a drone. Over here, North Korean legs kicking up and coming back down with astounding precision; over there, a dozen U.S. soldiers walking somewhat purposelessly through Washington.

Trump’s biggest mistake was wanting a military parade in the first place. The United States military is not a birthday party rental company. Any therapist will tell you that no number of green tanks on the street is enough to heal the deep void left by a father’s withheld love.

But, setting aside the wisdom of wanting a military parade, there is the issue of execution. Even if you’re going to do the wrong thing, do it well. Do it with flair. With the most powerful military in history at his disposal, Trump couldn’t even pull off a decent parade.

But I’m here to say it’s not his fault alone. It’s hard to wring a military parade of the kind he dreamed of from a people free in their bones.

You see, it is a good thing not to be good at some things. The great beauty of his terrible parade is the reminder that Trump is waging a war against the American spirit, and this fight he is struggling to win.

No matter how much money and effort you throw at the parade, you cannot escape the fact that America is not the country of North Korean unity. We’re the country of Korean tacos.

The Korean-American comedian Margaret Cho once described those tacos, as made famous by the chef Roy Choi, of similar heritage, thus: “There were so many things happening: The familiarity of the iconic L.A. taco, the Korean tradition of wrapping food, the falling-apart short rib that almost tastes like barbacoa, the complementing sweetness of the corn tortilla.” Korea running into Mexico, running into North Carolina, and beyond. Today on the website of the Kogi food empire that Choi built, these are some of the recipes: a Korean barbecue pizza, a Korean Philly cheesesteak, a kimchi fried chicken sandwich, a Korean gyro, and Korean pulled pork nachos. I may be wrong, but here is my hypothesis: the kinds of places good at putting on parades like North Korea’s will never come up with food like this; and the kinds of places good at making food like this will never rival the give-me-synchronicity-or-give-me-death parades of places like North Korea.

America is not the country of perfectly synced swinging arms. It’s the country of “It Don’t Mean a Thing (If It Ain’t Got That Swing).” That song, by the legendary Duke Ellington, belongs to a genre of music that could only have been invented in America — jazz. As the documentarian Ken Burns explained, jazz was born in New Orleans when and because people from so many heritages were jammed together — the sounds of Africa and the sounds of Appalachia and the sounds of Germany and the sounds of indigenous people colliding to make something new. It was never scripted, always improvisational. Ellington himself made the connection to democracy:

Put it this way: Jazz is a good barometer of freedom…In its beginnings, the United States of America spawned certain ideals of freedom and independence through which, eventually, jazz was evolved, and the music is so free that many people say it is the only unhampered, unhindered expression of complete freedom yet produced in this country.

I may be wrong, but it seems to me societies that have the thing Trump wanted in his parade don’t got that swing, and societies that got that swing don’t have the thing he craved.

America is not a country of uniformity, even in its uniforms. It’s a big multicolored mess.

What is striking in the images of Chinese and North Korean and Iranian parades is the uniformity, right down to the uniforms themselves. The soldiers are often seen wearing the same thing. It gives the kind of picture Trump likes. But the images this weekend were not like that at all. In America, different units wear different uniforms. Images from the parade this weekend showed one uniform after another. The military is not a monolith. It is made up of units with their own histories and traditions and identities and loyalties. There are rivalries and competing slogans.

I may be wrong, but I would wager that societies that have first-rate matchy-matchy uniform aesthetics may look good but fight wars mediocrely, and societies that allow for variety and diversity may give less pleasant aerial shots during parades but fight wars better.

Today is ten years to the day since Trump came down the escalator and changed the course of the country and, in so many ways, changed us. It is a moment to think back and think of how much coarser, uglier, crueler the nation has become in the hands of an unwell man. The daily drumbeat of abductions and cuts and eviscerations and illegal actions and sadistic policy ideas slowly corrodes the heart. We are being remade in Trump’s sickness.

And yet. And yet what the parade reminded me is that Trump, in one regard, at least, faces steep odds. His project depends on turning Americans into something we are deeply not: uniform, cohesive, disciplined, in lockstep.

But we are more hotsteppers than locksteppers. We are more improvised solo than phalanx. We are more unruly than rule-following. Trump has a lot working in his favor as he seeks to build a dictatorship for his self-enrichment. But what will always push against him is this deep inner nature that has stood through time: the chaotic, colorful spontaneity of the American soul. We don’t march shoulder to shoulder. We shimmy. 

Heather Cox Richardson demonstrates the negative effects of Elon Musk’s DOGS, which protected his interests and saved little, if any, money. With Trump’s “big, beautiful” tax plan, the deficit will increase by $4-5 trillion, so Musk’s chainsaw contributed nothing but demoralization and destruction of the federal workforce. She also summarizes the multiple ways in which Trump is sabotaging the rule of law. She includes footnotes, as usual. Subscribe to her blog to see them.

She writes:

In July 2024, according to an article published today by Kirsten Grind and Megan Twohey in the New York Times, billionaire Elon Musk texted privately about his concerns that government investigations into his businesses would “take me down.” “I can’t be president,” he wrote, “but I can help Trump defeat Biden and I will.”

After appearing on stage with Trump on October 5, Musk texted a person close to him: “I’m feeling more optimistic after tonight. Tomorrow we unleash the anomaly in the matrix.” About an hour later, he added: “This is not something on the chessboard, so they will be quite surprised. “‘Lasers’ from space.”

Musk invested about $290 million in the 2024 election and, when Trump took office, became a fixture in the White House, heading the “Department of Government Efficiency.” It set out to kill government programs by withholding congressionally approved funds, a practice that courts have ruled unconstitutional and Congress expressly prohibited with the 1974 Impoundment Control Act.

Musk vowed that his “Department of Government Efficiency” would cut $2 trillion from the U.S. budget, but he quickly backed off on those numbers. In the end, DOGE claimed savings of $175 billion, but that claim is unverifiable and CNN’s Casey Tolan says it’s probably wrong: less than half of it is backed up with any documentation.

Instead, as CNN’s Zachary B. Wolf reported today, since DOGE cut staffing at the enforcement wing of the Internal Revenue Service, for example, and cut employees at national parks, which also generate revenue, its cuts may well end up costing money. Max Stier, who heads the Partnership for Public Service, suggests DOGE cuts could cost U.S. taxpayers $135 billion because agencies will need to train and hire replacements for the workers DOGE fired. Stier called DOGE’s actions “arson of a public asset.”

Grind and Twohey reported that Musk’s drug consumption during the campaign—they could not speak to his habits in the White House, although he appeared high today at a White House press conference—was “more intense than previously known.” He was a chronic user of ketamine, took Ecstasy and psychedelic mushrooms, and traveled with a box that held about 20 pills for daily use. Those in frequent contact with him worried about his frequent drug use, erratic behavior, and mood swings. As a government contractor, Musk should receive random drug tests, but Grind and Twohey say he received advance warning of those tests.

It was never clear that Musk’s role at DOGE was legal, and the White House has tried to maintain that he was only an advisor, despite Trump’s February 19 statement, “I signed an order creating [DOGE] and put a man named Elon Musk in charge.” On Tuesday, U.S. District Judge Tanya Chutkan ruled that 14 states can proceed with their lawsuit against billionaire Elon Musk and the “Department of Government Efficiency,” saying the states had adequately supported their argument that “Musk and DOGE’s conduct is ‘unauthorized by any law.’”

Trump posted today on social media: “This will be his last day, but not really, because he will, always, be with us, helping all the way. Elon is terrific!” In a press conference today, Trump reiterated that Musk “is not really leaving.”

Musk’s time at the helm of DOGE might not have saved taxpayer money, but it has changed the world in other ways. Musk has used his time in the government to end investigations into his companies, score government contracts, and get the government to press countries to accept his Starlink communications network as a condition of tariff negotiations. According to John Hyatt of Forbes, Musk’s association with Trump has made him an estimated $170 billion richer.

The implications of DOGE’s actions for Americans are huge. DOGE operatives are now embedded in the U.S. government, where they are mining Americans’ data to create a master database that can sort and find individuals. Former Ohio Democratic Party chair David Pepper called it “a full-scale redirection of the government’s digital nervous system into the hands of an unelected billionaire.”

Today, Sheera Frenkel and Aaron Krolik of the New York Times reported that Musk put billionaire Peter Thiel’s Palantir data analysis firm into place across the government, where it launched its product Foundry to organize, analyze, and merge data. Thiel provided the money behind Vice President J.D. Vance’s political career. Wired and CNN had previously reported how the administration was using this merged data to target undocumented immigrants, and now employees are detailing their concerns with how the administration could use their newly merged information against Americans more generally.

Internationally, Musk’s destruction of the United States Agency for International Development, slashing about 80% of its grants, is killing about 103 people an hour, most of them children. The total so far is about 300,000 people, according to Boston University infectious disease mathematical modeller Dr. Brooke Nichols. Ryan Cooper of The American Prospect reported today that about 1,500 babies a day are born HIV-positive because Musk’s cuts stopped their mothers’ medication.

In the New York Times today, Michelle Goldberg recalls how Musk appeared uninterested in learning what USAID actually did—prevent starvation and provide basic healthcare—and instead called it a “radical-left political psy-op,” and reposted a smear from right-wing provocateur Milo Yiannopoulos calling USAID “the most gigantic global terror organization in history.” Goldberg also recalls Musk’s tendency to call people he disdains “NPCs,” or non-player characters, which are characters in role-playing games whose only role is to advance the storyline for the real players.

Aside from DOGE, the focus of Trump’s administration—other than his own cashing in on the presidency—has been on tariffs and immigration. Like the efforts of DOGE, those show a disdain for the law in favor of concentrating power in the executive branch.

During the campaign, Trump fantasized that constructing a high tariff wall around the U.S. would force other countries to fund the national deficit, enabling a Republican Congress to extend Trump’s 2017 tax cuts for the wealthy and corporations. In fact, domestic industries and consumers bear the costs of tariffs. Trump’s high tariffs, many of which he imposed by declaring an economic emergency and then using the 1977 International Emergency Economic Powers Act (IEEPA), created such havoc in the stock and bond markets that he backed off.

Yesterday, Sayantani Ghosh, David Gaffen, and Arpan Varghese of Reuters reported that although most of the highest tariffs have yet to go into effect, Trump’s trade war has cost companies more than $34 billion in lost sales and higher costs.

Trump has changed tariff policies at least 50 times since he took office, and traders have figured out they can buy stocks cheaply when markets plummet after a dramatic tariff announcement, and sell when Trump changes his mind. This has recently given rise to Trump’s nickname “TACO,” for “Trump Always Chickens Out.”

This moniker has apparently irritated Trump so much he has taken to social media to defend his abrupt dropping of tariffs on China, saying he did it to “save them” from “grave economic danger,” although in fact, China turned to other trading partners to cushion the blow of U.S. tariffs. Trump went on to suggest China did not live up to what he considered its part of the bargain, and he would no longer be “Mr. NICE GUY!”

On Wednesday a three-judge panel at the U.S. Court of International Trade ruled that President Donald J. Trump’s sweeping “Liberation Day” tariffs based on the IEEPA are illegal. The Constitution gives to Congress, not to the president, the power to levy tariffs. Trump launched a social media rant in which he attacked the judges, insisted that “it is only because of my successful use of Tariffs that many Trillions of Dollars have already begun pouring into the U.S.A. from other Countries,” and said that he could not wait for Congress to handle tariffs because it would take too long—in fact, most of Congress does not approve of the tariffs—and that following the Constitution “would completely destroy Presidential Power.” “The President of the United States must be allowed to protect America against those that are doing it Economic and Financial harm.”

Yesterday the U.S. Court of Appeals for the Federal Circuit paused that ruling until at least June 9, when both parties will have submitted legal arguments about whether the stay should remain in place as the government appeals the ruling that the tariffs are illegal. White House senior counsel for trade and manufacturing Peter Navarro, the key proponent of Trump’s trade war, said: “Even if we lose, we’ll do it another way.”

Today Trump said he will double the tariff on steel imports from 25% to 50%.

The other major focus of the administration has been expelling undocumented immigrants from the U.S. During the 2024 campaign, Trump whipped up support by insisting that former President Joe Biden had permitted criminals to walk into the U.S. and terrorize American citizens. Trump vowed to launch the “largest domestic deportation operation in American history” and often talked of deporting the estimated 11 million undocumented immigrants in the U.S., although his numbers have ranged as high as 21 million without explanation.

The administration has hammered on immigration to promote the idea that it is keeping Americans safe. But its first target of arresting at least 1,200 individuals a day has fallen far short. In Trump’s first 100 days, Immigration and Customs Enforcement says it arrested an average of about 660 people a day.

On Wednesday, White House deputy chief of staff Stephen Miller, who along with Secretary of Homeland Security Kristi Noem is the face of the administration’s immigration policy, told the Fox News Channel that the administration is now aiming for “a minimum of 3,000 arrests…every day.” Administration officials hope to deport a million people in Trump’s first year in office.

CNN reported yesterday that those officials are putting intense pressure on law enforcement agencies to meet that goal. This means that hundreds of FBI agents have been taken off terror threats and espionage cases involving China and Russia to be reassigned to immigration duties. Some FBI offices are offering overtime pay if agents help with “enforcement and removal operations.” Officers from other agencies, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) have also been deployed against immigrants in place of their regular duties.

Steven Monacelli of The Barbed Wire noted today that local law enforcement and state troopers have also been diverted to immigration, using a national network of cameras that read license plates. Joseph Cox and Jason Keobler of 404 Media reported yesterday that a Texas sheriff used the same system over the course of a month to look for a woman whom he said had a self-administered abortion, saying her family was worried about her safety.

Their attempt to appear effective has led to very visible arrests and renditions of undocumented migrants to prisons in third countries, especially the notorious CECOT terrorist prison in El Salvador. The administration has deliberately flouted the right of persons in the United States to due process as guaranteed by the Constitution. The administration has met court orders with delay and obfuscation, as well as by attacking judges and the rule of law.

The administration continues to insist those it has arrested are dangerous criminals who must be deported without delay, but more and more reporting says that many of those expelled from the country had no criminal convictions. Today, ProPublica reported that the Trump administration’s own data shows that officials knew that “the vast majority” of the 238 Venezuelans it sent to CECOT had not been convicted of crimes in the U.S. even as it deported them and called them “rapists,” “savages,” “monsters,” and “the worst of the worst.”

ICE has increasingly met quotas by arresting immigrants outside of immigration check-ins and courtrooms: yesterday Dina Arévalo of My San Antonio reported that ICE arrested five immigrants, including three children, outside of an immigration court after a judge had said they were no longer subject to removal proceedings. The officers used zip ties on all five individuals.

At stake is the turn of the United States away from democracy and toward the international right wing. Yesterday the U.S. State Department notified Congress that it intends to use the Bureau of Democracy, Human Rights, and Labor to promote “Democracy and Western Values.” On Tuesday a senior advisor for that bureau, Samuel Samson, who graduated from college in 2021, explained that the State Department intends to ally with the European far right to protect “Western civilization” from current democratic governments.

It also plans to turn the Bureau of Population, Refugees, and Migration, which manages the flow of people into the U.S., into an “Office of Remigration” to “actively facilitate” the “voluntary return of migrants” to other countries and “advance the president’s immigration agenda.”

“Remigration” is a term from the global far right. As Isabela Dias of Mother Jones notes, its proponents call for the “mass expulsion of non–ethnically European immigrants and their descendants, regardless of immigration status or citizenship, and an end to multiculturalism.” Of the congressional report, a person who works closely with the State Department told Marisa Kabas of The Handbasket: “All of it is pretty awful with some pieces that definitely violate existing law and treaties. But institutionalizing neo-Nazi theory as an office in the State Department is the most blatantly horrifying.”

This concept is behind not only the expulsion of undocumented immigrants, but also the purge of foreign scholars and lawful residents. The Supreme Court blessed this purge today when, during the period that litigation is underway, it allowed the administration to end immigration paroles for about 500,000 people from Cuba, Haiti, Nicaragua, and Venezuela admitted under a Biden-era program, instantly making them undocumented and subject to deportation.

The court decided the case on the shadow docket, without briefings or explanation. In a dissent joined by Justice Sonia Sotomayor, Justice Ketanji Brown Jackson wrote: “[S]omehow, the Court has now apparently determined…that it is in the public’s interest to have the lives of half a million migrants unravel all around us before the courts decide their legal claims.”

Jackson added a crucial observation. The court, she wrote, “allows the Government to do what it wants to do regardless [of the consequences], rendering constraints of law irrelevant and unleashing devastation in the process.”

William Kristol was a leading figure in the conservative movement. His father Irving Kristol was renowned as the godfather of neoconservatism. Bill was the editor of the Weekly Standard for many years. But because he is a principled conservative, he loathes what Trump is doing to our nation. He writes at The Bulwark, my favorite Never-Trump blog.

What’s happening is not normal, he writes:

If the Trump administration’s sudden assault on thousands of foreign students legally studying at Harvard seems unprecedented, it’s because it is. If the abrupt abrogation of temporary protected status for hundreds of thousands of Venezuelans legally living and working in the United States seems unprecedented, it’s because it is. If the sudden arrests and deportations of law-abiding immigrants checking in as ordered at government offices seems unprecedented, it’s because it is. If the deportations of other immigrants without anything like due process and basically in defiance of court orders to prisons in third countries seems unprecedented, it’s because it is.

And if it all seems utterly stupid and terribly cruel and amazingly damaging to this country, it’s because it is.

But it turns out nativism is one hell of a drug. The Trump administration has ingested it in a big way, and it’s driving its dealers and users in the administration into a fanatical frenzy of destructive activity. And the Republican party and much of Conservatism Inc.—and too much of the country as a whole—is just watching it happen.

The United States has many problems. No one seriously thinks that Harvard’s certification to participate in the Student and Exchange Visitor Program is one of them. And the Department of Homeland Security’s announcement of the action against Harvard makes clear this isn’t just about Harvard: “Let this serve as a warning to all universities and academic institutions across the country.” Are our other institutions of higher education suffering from their ability to attract and enroll students from abroad, if they chose to do so? Are the rest of us?

No. And to the degree there are some discrete problems, nothing justifies this kind of action against Harvard. As Andrea Flores, a former DHS official, told the New York Times, “D.H.S. has never tried to reshape the student body of a university by revoking access to its vetting systems, and it is unique to target one institution over hundreds that it certifies every year.”

Similarly, what’s the justification for the Trump administration’s unprecedented sudden and early abrogation of temporary protected status for 350,000 Venezuelans who fled tyranny and are now living peacefully and working productively in this country? There is no broad unhappiness at their presence, no serious case that they are causing more harm than doing good. Nor for that matter is there a real argument that the presence of 20,000 Haitians living and working in Springfield, Ohio, is a problem that required first lies to denigrate them and now attempts to deport them.

And this week, the nominee to head U.S. Citizenship and Immigration Services said the Trump administration intends to end the well-established Optional Practical Training Program, which is the single largest channel for highly skilled immigrants to stay and work in the United States after finishing their education here. A study by a leading immigration scholar, Michael Clemens of George Mason University, finds that slashing that program would cause permanent losses to U.S. innovation, productivity, economic growth, and even job opportunities for native workers.

But here we are, with an administration where fantasy trumps reality, ideology trumps evidence, and demagoguery trumps decency. As the economist Dani Rodrik puts it, “Three things made the US a rich and powerful nation: the rule of law, its science & innovation system, and openness to foreign talent. Remarkable how Trump has taken a sledgehammer to all three. No enemy of this country could do more.”

Foreigners studying and working here are not damaging the United States. A virulently nativist administration is what’s damaging the United States. It’s doing so in ways from which it will be difficult to recover. Just as important, it’s doing so in ways that will be a permanent stain on this nation’s history.