Heather Cox Richardson's Blog, page 40
March 22, 2025
March 22, 2025
Perhaps in response to the growing outcry over last weekend’s rendition of Venezuelan migrants to El Salvador under a legal justification a federal judge has found questionable, President Donald Trump last night told reporters that he didn’t sign the proclamation that set that legal process in motion.
When asked when he signed the proclamation invoking the 1798 Alien Enemies Act, by which Trump claimed that Venezuela is invading the United States by sending alleged gang members over the border, Trump answered: “I don’t know when it was signed, because I didn’t sign it.” Trump was on his way to his golf club in New Jersey, and seemed to be handing off responsibility for the declaration to someone else, perhaps Secretary of State Marco Rubio. “Other people handled it,” he said. “But Marco Rubio’s done a great job. And he wanted them out, and we go along with that. We want to get criminals out of our country.”
But, as Matt Viser said in the Washington Post today, on Friday White House communications director Steven Cheung said Trump personally signed the proclamation, and his signature appears on the document in the Federal Register of official government documents. The gap between the two versions of events raises questions about who is in charge of White House policy.
Trump’s habit of deflection might explain last night's statement, and his habit of distraction might explain today’s social media post, in which the president returned to an exchange of words between him and Maine governor Janet Mills, a Democrat, more than three weeks ago. At a meeting of the nation’s governors at the White House on February 21, in a rambling speech in which he was wandering through his false campaign stories about transgender athletes, Trump turned to his notes and suddenly appeared to remember his executive order banning transgender student athletes from playing on girls sports teams.
The body that governs sports in Maine, the Maine Principals’ Association, ruled that it would continue to allow transgender students to compete despite Trump's executive order because the Maine state Human Rights Law prohibits discrimination on the grounds of gender identity. Trump asked if the governor of Maine was in the room.
“Yeah, I’m here,” replied Governor Mills.
“Are you not going to comply with it?” Trump asked.
“I’m complying with state and federal laws,” she said.
“We are the federal law,” Trump said. “You better do it because you’re not going to get any federal funding at all if you don’t….”
“We’re going to follow the law,” she said.
“You’d better comply because otherwise you’re not getting any federal funding,” he said.
Mills answered: “See you in court.”
As Giselle Ruhiyyih Ewing of Politico recounted today, after the exchange between Trump and Governor Mills at the White House the administration opened investigations by the Departments of Education, Health and Human Services, and Agriculture into Maine’s policies. The Department of Agriculture temporarily paused funding for the University of Maine, then restored it and cleared the university system of Title IX violations, saying it had “clearly communicated its compliance.” The University of Maine system said it was “relieved” and added that it had never violated Title IX compliance.
On March 11 the Department of Education abolished more than half of the offices in its Civil Rights Division, getting rid of more than half of the division's employees. Last Wednesday it said it had concluded its investigation into the Maine Department of Education and had determined that the state was violating Title IX by permitting transgender youth to play in the boys’ or girls’ sports that conform to their gender identity. It gave the state ten days to follow the administration’s interpretation of the law.
This morning, the president posted on social media: “While the State of Maine has apologized for the Governor’s strong, but totally incorrect, statement about men playing in women’s sports while at the White House Governor’s Conference, we have not heard from the Governor herself, and she is that one that matters in such cases. Therefore, we need a full throated apology from the Governor herself, and a statement that she will never make such an unlawful challenge to the Federal Government again, before this case can be settled. I’m sure she will be able to do that quite easily. Thank you for your attention to this matter and, MAKE AMERICA GREAT AGAIN!!! DJT.”
Mills was a former state attorney general, and her position is that it is her job as governor to follow state and federal law. But Trump seems to be trying to make his fight with her personal. So long as she is willing to kowtow to him, the “case” can be “settled.” Exactly what she is supposed to be apologizing to him for is unclear, unless it is that she stood up to him, a rare enough event that at the time, Shawn McCreesh of the New York Times noted: “Something happened at the White House Friday afternoon that almost never happens these days. Somebody defied President Trump. Right to his face.”
At the White House, Governor Mills was not only reinforcing the rule of law in the face of an authoritarian who is working to shatter that principle; she was standing up to a bully who claims to be protecting women and girls but who has bragged about sexual assault, been found guilty of sexually assaulting writer E. Jean Carroll, and barged in on teenaged girls dressing in the Miss Teen USA changing room.
Trump’s political stances have also belied his claim to protect women. He has worked to deny women and girls access to health care, including the right not to die needlessly from a miscarriage. He has undermined women’s right to control their own bodies and defunded or stopped the programs that protect their right to be safe from domestic violence and sexual assault. He has ended programs designed to protect women’s employment and has fired women from positions of authority.
Mills stands in dramatic contrast to Trump. Her career has focused on helping women and girls to overcome domestic violence, the threat of sexual assault, and inequities in the workplace. As a district attorney—the first woman elected as a DA in New England—she grew frustrated with the ways in which the criminal justice system failed victims of domestic violence. She co-founded the Maine Women’s Lobby to advocate for battered and abused women, which then led to her election to the Maine legislature and from there to state attorney general and then to the governorship.
While Trump’s demand that Mills make a “full throated apology” to him is in keeping with his habitual attempts to dominate women, Mills follows in a tradition of women from Maine who stood up for the principles of American democracy against bullies who would destroy it.
In a similar moment, Senator Margaret Chase Smith, of Skowhegan, Maine, stood up to Wisconsin senator Joe McCarthy. McCarthy and his supporters were hoping to gain votes in the 1950 midterm elections by stoking fear that the communists who had recently taken control of China threatened the U.S. On February 9, 1950, during a speech to a group gathered in Wheeling, West Virginia, to celebrate Abraham Lincoln’s birthday, McCarthy, a Republican, claimed that he had a list of 205 communists working for the State Department and that the Democrats refused to investigate these “traitors in the government.”
Sympathetic newspapers trumpeted McCarthy’s charges—which kept changing, and for which he never offered proof—and many of his colleagues cheered him on, while Republicans who disapproved of his tactics kept their heads down to avoid becoming the target of his attacks.
All but one of them did, that is. Senator Smith recognized the damage McCarthy and his ilk were doing to the nation. On June 1, 1950, with McCarthy sitting two rows behind her, Smith stood up in the Senate to speak. “Those of us who shout the loudest about Americanism in making character assassinations are all too frequently those who, by our own words and acts, ignore some of the basic principles of Americanism,” she said. Americans have the right to criticize, to hold unpopular beliefs, to protest, and to think for themselves, she said. She condemned those trying to stifle dissent.
“I do not want to see the Republican Party ride to political victory on the Four Horsemen of Calumny—Fear, Ignorance, Bigotry and Smear,” she said. “As an American, I condemn a Republican Fascist just as much as I condemn a Democrat Communist. They are equally dangerous to you and me and to our country. As an American, I want to see our nation recapture the strength and unity it once had when we fought the enemy instead of ourselves.”
Senator Smith ended with a warning: “It is high time that we all stopped being tools and victims of totalitarian techniques—techniques that, if continued here unchecked, will surely end what we have come to cherish as the American way of life.”
—
Notes:
https://www.washingtonpost.com/politics/2025/03/22/trump-deportations-autopen/
https://www.ed.gov/media/document/letter-of-finding-maine-doe-109602.pdf
https://www.nytimes.com/2025/02/21/us/politics/trump-maine-governor-transgender-athletes.html
https://www.politico.com/news/2025/03/22/donald-trump-trans-athletes-maine-00003871
https://www.senate.gov/artandhistory/history/resources/pdf/SmithDeclaration.pdf
https://apnews.com/article/trump-rape-carroll-trial-fe68259a4b98bb3947d42af9ec83d7db
https://www.maine.gov/governor/mills/about
Bluesky:
March 21, 2025
March 21, 2025
These days, I keep coming back to the quotation recorded by journalist Ron Suskind in a New York Times Magazine article in 2004. A senior advisor to President George W. Bush told Suskind that people like Suskind lived in “the reality-based community”: they believed people could find solutions based on their observations and careful study of discernible reality. But, the aide continued, such a worldview was obsolete. “That’s not the way the world really works anymore…. We are an empire now, and when we act, we create our own reality. And while you’re studying that reality—judiciously, as you will—we’ll act again, creating other new realities, which you can study too, and that’s how things will sort out. We’re history’s actors…and you, all of you, will be left to just study what we do.”
In 2004 that quotation seemed a reflection on how members of an administration hoped to shape the globe and public perceptions of their actions. Twenty-one years later, it seems we are seeing what happens when members of an administration believe they can shape not just perceptions but reality itself, and discover that reality is stubborn.
After news broke last night that the Pentagon was preparing a top-secret presentation for billionaire Elon Musk on plans for fighting a potential war with China, members of the administration denied that Musk’s visit to the Pentagon would include such a meeting. This morning, Musk posted on social media that the “leakers” “will be found.” “I look forward to the prosecutions of those at the Pentagon who are leaking maliciously false information to NYT,” he posted.
Aside from appearing to confirm the story—one can’t “leak” a false story—Sophia Cai, Danny Nguyen, Daniel Payne, Amy MacKinnon, and Eli Stokols of Politico suggest that Musk’s threat has backfired. “We are public servants, not Elon’s servants,” one Food and Drug Administration employee told the reporters, adding, “[t]he public deserves to know how dysfunctional, destructive, and deceptive all of this has been and continues to be.”
A senior Federal Aviation Administration official said, referring to Musk, “He IS A LEAKER. When you put hard drives on data systems at government agencies you are creating the biggest security breaches we have seen in years and years. Possibly ever.” A Department of Agriculture staffer said: “If the Biden administration or Obama had acted like this, no one would have tolerated it. The Trump administration doesn’t get a pass.”
Those angry at Musk and the cuts his Department of Government Efficiency team has made to the government have demonstrated their anger by launching a grassroots movement called “TeslaTakedown” that protests peacefully at Tesla dealerships. Law enforcement officers and experts in domestic extremism say they have found no evidence that acts of vandalism against cars, charging stations, and dealerships—there have been at least ten such instances—are coordinated.
Trump tried to shore up the brand with a sales pitch for Teslas at the White House on March 11, and Commerce Secretary Howard Lutnick on Wednesday urged the Fox News Channel audience to buy Tesla stock, an endorsement that violated federal ethics rules but did nothing to prop up the stock price.
On Tuesday, Attorney General Pam Bondi called vandalism of Teslas “domestic terrorism,” and today President Donald Trump insisted that the vandalism of Tesla products is far more serious than the January 6, 2021, attack on the U.S. Capitol when rioters tried to stop the counting of electoral votes and thus overturn the will of American voters. Trump issued a blanket pardon for those rioters, including those convicted of violence against law enforcement officers, but today he posted about Tesla vandals on social media: “I look forward to watching the sick terrorist thugs get 20 year jail sentences for what they are doing to Elon Musk and Tesla. Perhaps they could serve them in the prisons of El Salvador, which have become so recently famous for such lovely conditions!”
At the Social Security Administration, acting commissioner Leland Dudek is threatening to shut down the agency in response to the temporary restraining order issued yesterday by U.S. District Court Judge Ellen Lipton Hollander. In that order, Hollander noted that the “Department of Government Efficiency” was “essentially engaged in a fishing expedition at SSA, in search of a fraud epidemic, based on little more than suspicion,” and “never identified or articulated even a single reason for which the DOGE Team needs unlimited access to SSA’s entire record systems.”
She prohibited Social Security officials from sharing with DOGE any personally identifiable information (PII) that would make it possible to identify specific individuals. Dudek suggested that Hollander’s order could apply to all SSA employees because the administration has ordered them to cooperate with DOGE. “Everything in this agency is PII,” he said. “Unless I get a clarification, I’ll just start to shut it down. I don’t have much of a choice here.”
Dudek was a mid-level staffer at SSA until he won his position atop the agency by secretly cooperating with DOGE’s demands to review sensitive records after SSA’s head, Michelle King, stood in the way. “I confess. I bullied agency executives, shared executive contact information, and circumvented the chain of command to connect DOGE with the people who get stuff done,” he wrote on LinkedIn.
SSA oversees Social Security benefits for nearly 70 million people and, according to the agency, was expected to distribute about $1.6 trillion in benefits in 2025. For many people, that check is vital to survival. But billionaire Secretary of Commerce Howard Lutnick suggested that concerns about a stoppage in checks were overblown. He told billionaire podcast host Chamath Palihapitiya: “Let’s say Social Security didn’t send out their checks this month. My mother-in-law, who’s 94, she wouldn’t call and complain. She just wouldn’t. She’d think something got messed up, and she’ll get it next month. A fraudster always makes the loudest noise, screaming, yelling, and complaining.”
Lee Saunders, president of the American Federation of State, County, and Municipal Employees, disagreed: “For almost 90 years, Social Security has never missed a paycheck—but 60 days into this administration, Social Security is now on the brink…. Acting Commissioner Leland Dudek has proven again that he is in way over his head, compromising the privacy of millions of Americans, shutting down services that senior citizens rely on and planning debilitating layoffs, all in service to Elon Musk’s lies.”
Hollander responded to Dudek’s threat by calling his interpretation of the order “inaccurate” and specifying that SSA employees who are not members of DOGE or working on DOGE’s agenda are not subject to the order. “Moreover, any suggestion that the Order may require the delay or suspension of benefit payments is incorrect.” After Dudek continued to insist that SSA employees and DOGE are intertwined, Hollander issued another clarification tonight, saying that if that is the case, she “was misled by counsel for the government,” who said that just ten people at SSA are working for DOGE.
“More to the point,” she added, “in my earlier letter today…I directed the government to contact [the Court] immediately if there is any need for clarification of the [order]. As I write this letter, it is well after 6:00 p.m. and the government has yet to contact the Court.”
Catherine Rampell of the Washington Post observed today that “the ‘Department of Government Efficiency’ [is making] the federal government almost comically inefficient.” She wrote that Internal Revenue Service employees line up at shared computers on Mondays to submit their “five things I did last week” emails to DOGE while taxpayer service calls go unanswered. Federal surveyors at the Bureau of Land Management are no longer allowed to buy replacement equipment, so when a shovel breaks they can’t simply replace it; they have to locate a manager authorized to file an official procurement form and order one. Many have had to ignore their actual jobs in order to scrub words from official documents.
After interviewing frustrated civil servants for weeks, Rampell said, she has learned that “routine tasks take longer to complete, grinding down worker productivity,” while DOGE bogs workers down with “meaningless busywork, which sets them up to be punished for neglecting their actual duties.”
“All this talk of warfighter ethos, and our ‘priority’ is making sure there are no three-year-old tweets with the word ‘diversity’ in them,” one Pentagon staffer told Rampell. “Crazy town.”
Administration officials are discovering that their idea of slashing through government might not have adequately considered how actual people might react to that destruction. As constituents erupt with anger, Republican lawmakers are refusing to hold town hall meetings. Yesterday, Representative Harriet Hageman (R-WY) responded to boos and heckling by saying: “It’s so bizarre to me how obsessed you are with federal government…. [Y]our hysteria is just really over the top.” When protesters dressed as chickens to goad Representative James Comer (R-KY) into holding a town hall, he issued a statement: “Congressman Comer does not plan on holding therapy sessions for left-wing activists suffering from Trump Derangement Syndrome.”
In place of Republican town halls, Democrats are holding their own packed events in Republican districts. Senator Bernie Sanders (I-VT) and Representative Alexandria Ocasio-Cortez (D-NY) are on a “Fighting Oligarchy” tour across the country because, as Sanders says, people are “profoundly disgusted with what is going on here in Washington, D.C.”
Today, 11,000 people turned out to hear Sanders and AOC in Republican-led Greeley, Colorado. Another 34,000 turned out in Denver.
—
Notes:
https://www.wsj.com/politics/policy/social-security-commissioner-leland-dudek-doge-343d3f5e
https://www.politico.com/news/2025/03/21/musk-leakers-government-trump-doge-00243208
https://www.washingtonpost.com/politics/2025/03/21/social-security-benefits-trump-doge/
https://www.washingtonpost.com/opinions/2025/03/21/doge-government-efficiency-federal-workers/
Ron Suskind, "Faith, Certainty and the Presidency of George W. Bush," New York Times Magazine, October 17, 2004.
https://www.cnn.com/2025/03/11/business/tesla-stock-trump-white-house/index.html
https://www.npr.org/2025/03/20/nx-s1-5333315/tesla-attacks-ag-bondi-domestic-terrorism-trump-musk
https://www.nbcnews.com/tech/elon-musk/tesla-vandalism-not-coordinated-trump-musk-claims-rcna197369
https://thehill.com/homenews/administration/5207665-trump-tesla-jan-6-capitol-riot/
https://abcnews.go.com/Politics/trump-suggests-tesla-vandals-prison-el-salvador/story?id=120019715
https://www.axios.com/2025/03/21/social-security-lutnick-doge-checks
https://www.denverpost.com/2025/03/14/denver-rally-bernie-sanders-alexandria-ocasio-cortez-trump/
Bluesky:
jojofromjerz.bsky.social/post/3lkvfsyljrk2i
aoc.bsky.social/post/3lkwlajfsbs24
aoc.bsky.social/post/3lkw5ii4g5c24
lincolnproject.us/post/3lkvwb5if3c2h
March 20, 2025
It seems as if the Trump administration is rushing to tear apart as much as it can as opponents of its wholesale destruction of the United States government organize to stop them.
Today, members of the “Department of Government Efficiency” team showed up at the Institute of Museum and Library Services, which helps to fund libraries and museums across the country and whose elimination Trump called for in an executive order last week. They sent employees home, swore in a new acting director in the lobby, and proceeded to cancel contracts and grants.
Even as this dismantling was going on, District Judge Ellen Lipton Hollander was blocking the Department of Government Efficiency from accessing data at the Social Security Administration and ordering them to destroy copies of any personal information they have already accessed. “The DOGE Team is essentially engaged in a fishing expedition at SSA, in search of a fraud epidemic, based on little more than suspicion,” Hollander wrote. “It has launched a search for the proverbial needle in the haystack, without any concrete knowledge that the needle is actually in the haystack.”
Also today, U.S. District Judge James Boasberg, who said the government could not use the 1798 Alien Enemies Act to justify sending migrants to a prison in El Salvador, appeared to be out of patience with the government’s obfuscation of what actually happened in the process of that rendition last weekend. Boasberg’s order today laid out that he had repeatedly asked the government to provide information about the flights but that the government had “evaded its obligations,” providing only general information about the flights and appearing to cast about for further delays.
“This is woefully insufficient,” Boasberg wrote. He required that the government explain by March 25 why its failure to return the flights as ordered did not violate the court order to do so. Far from backing down, the administration appears to be considering escalating its fight with the courts. Devlin Barrett of the New York Times reported today that lawyers in the Trump administration believe the 1798 Alien Enemies Act Trump used to deport migrants also permits federal agents to enter people’s homes without a warrant, an assault on the Fourth Amendment to the Constitution.
The Trump White House and its MAGA supporters appear to be trying to cement their power to control the government by undermining the rule of law and the judges who are defending it. White House press secretary Karoline Leavitt yesterday called Judge Boasberg a “Democrat activist,” although he was originally appointed by President George W. Bush, and badly misrepresented Boasberg’s order. She also attacked Boasberg’s wife for her political donations.
In Talking Points Memo this morning, David Kurtz recorded how MAGA supporters Elon Musk and Laura Loomer have attacked Boasberg’s daughter, and in Rolling Stone, Andrew Perez and Asawin Suebsaeng noted that that the Attorney General of the United States, Pam Bondi, accused Boasberg of “attempting to meddle in national security,” adding: “This one federal judge thinks he can control foreign policy for the entire country, and he cannot.”
Last month, Vice President J.D. Vance wrote that “[j]udges aren’t allowed to control the executive’s legitimate power,” trying to obscure that it is the role of courts to determine whether or not the power the executive is claiming is, in fact, legitimate. On the Fox News Channel, “border czar” Tom Homan said: “I don’t care what the judges think.”
Kurtz noted that Representative Jim Jordan (R-OH), who chairs the House Judiciary Committee, has promised hearings on the many injunctions against the Trump administration. Kurtz also noted that angry Trump supporters have called in bomb threats against judges who have stood against Trump’s excesses, including Supreme Court Justice Amy Coney Barrett, and have sent anonymous pizza deliveries to the homes of judges and their relatives as a way to demonstrate that “we know where you live.”
Perez and Suebsaeng reported that the White House’s strategy is to “move fast” before courts can stop them. In the end, one source close to the president told them that the president’s ultimate power over judges comes from the fact that they do not command an army, while he does. “Are they going to come and arrest him?” the advisor asked, apparently confident that the answer is no.
The attack of Trump and his MAGA supporters on the courts and the rule of law has illustrated how quickly the United States is sliding from democracy to authoritarianism. “Honest to god, I’ve never seen anything like it,” Harvard political scientist Steven Levitsky told Amanda Taub of the New York Times. Along with his colleague Daniel Ziblatt, Levitsky wrote How Democracies Die. “We look at these comparative cases in the 21st century, like Hungary and Poland and Turkey. And in a lot of respects, this is worse,” Levitsky said. “These first two months have been much more aggressively authoritarian than almost any other comparable case I know of democratic backsliding.”
President Donald Trump’s attempt to undermine the courts, and thus the country’s legal system, appears to have kicked the alarm about the dismantling of the U.S. government into a new phase. Both the Washington Post and the New York Times ran op-eds today from law professors detailing the lawlessness of the Trump administration and warning that the courts will not be able to stop Trump and his administration from their authoritarian takeover of the government.
In the New York Times, Georgetown University professor of law Stephen Vladeck has faith that the courts will try to rein Trump in, while in the Washington Post, Harvard Law School professor Ryan Doerfler and Yale University professor of law and history Samuel Moyn are less convinced that the judges Trump himself appointed will stand against him, but all three of them warn that stopping Trump will require the people to demand “far more aggressive oversight from members of Congress,” as Vladeck puts it. Doerfler and Moyn wrote that “real resistance must take place in Congress, at government workplaces, and in the streets.”
That the courts are in the position of trying to stop a president who is ignoring the Constitution reflects that Republicans in Congress appear to have taken off the table impeachment, the political remedy the Constitution’s framers put into our system for such a crisis.
There has been remarkably little pushback from Republicans about the changes being made to the country in their names, but the news that dropped on March 18 that the administration is considering giving up a key role in the North Atlantic Treaty Organization (NATO) has sparked public objection from Republicans who care about the nation’s global role. Since NATO organized, the role of NATO’s Supreme Allied Commander Europe, known as the SACEUR, has been filled by an American.
Now the Trump administration is considering relinquishing that position as part of a massive restructuring plan that could save up to $270 million of the Defense Department’s $850 billion annual budget, or about 0.03% of it. The U.S. is also considering stopping its expansion and modernization of U.S. Forces Japan, which would save about $1.18 billion, according to Courtney Kube and Gordon Lubold of NBC News, but would weaken the cooperation designed to counter China.
“For the United States to give up the role of supreme allied commander of NATO would be seen in Europe as a significant signal of walking away from the alliance,” retired Admiral James Stavridis, who served as SACEUR and head of European Command from 2009 to 2013, wrote to Kube and Lubold. “It would be a political mistake of epic proportion, and once we give it up, they are not going to give it back. We would lose an enormous amount of influence within NATO, and this would be seen, correctly, as probably the first step toward leaving the Alliance altogether.”
House Armed Services Committee chair Mike Rogers (R-AL) and Senate Armed Services Committee chair Roger Wicker (R-MS) issued a joint statement saying they are “very concerned about reports that claim [the Department of Defense] is considering unilateral changes on major strategic issues, including significant reductions to U.S. forces stationed abroad, absent coordination with the White House and Congress. We…will not accept significant changes to our warfighting structure that are made without a rigorous interagency process, coordination with combatant commanders and the Joint Staff, and collaboration with Congress,” they wrote. “Such moves risk undermining American deterrence around the globe and detracting from our negotiating positions with America’s adversaries.”
Their concerns about protecting their power to have a say in U.S. foreign policy and to make sure that policy serves the American people are unlikely to be assuaged by events tonight.
Eric Schmitt, Eric Lipton, Julian E. Barnes, Ryan Mac, and Maggie Haberman of the New York Times reported that the Pentagon has scheduled a briefing tomorrow for billionaire Elon Musk on the U.S. military’s top-secret plans for any potential war with China. As the reporters noted, this information includes “some of the nation's most closely guarded military secrets.” Musk’s largest Tesla factory is located in China—Chinese lenders contributed $2.8 billion to it—and as Joshua Keating of Vox explained two days ago, China is the only EV market where Tesla sales are continuing to increase. Keating also pointed to a Financial Times report that Chinese investors have been funneling money into Musk’s other businesses.
After the New York Times story broke, chief Pentagon spokesperson Sean Parnell said: “The Defense Department is excited to welcome Elon Musk to the Pentagon on Friday. He was invited by Secretary Hegseth and is just visiting.” About an hour later, the reporters note, he posted on X: “This is 100% Fake News. Just brazenly & maliciously wrong. Elon Musk is a patriot. We are proud to have him at the Pentagon.” Secretary of Defense Pete Hegseth chimed in: “This is NOT a meeting about ‘top secret China war plans.’ It’s an informal meeting about innovation, efficiencies & smarter production. Gonna be great!”
Then Trump added: “The Fake News is at it again, this time the Failing New York Times. They said, incorrectly, that Elon Musk is going to the Pentagon tomorrow to be briefed on any potential ‘war with China.’ How ridiculous?’ China will not be even mentioned or discussed. How disgraceful it is that the discredited media can make up such lies. Anyway, the story is completely untrue.”
Shortly after Trump posted, Alexander Ward and Nancy A. Youssef of the Wall Street Journal confirmed the story, adding that their sources told them that Musk had asked for the briefing. They also reminded readers that Musk “has been in regular contact with Russian President Vladimir Putin, a close partner of China, the country that has supported Moscow’s invasion of Ukraine.”
Minnesota governor Tim Walz told Rachel Maddow tonight he was “speechless.” “I don’t know how to convey…how far out of the norm this is…. These are closely guarded secrets because our national and our global defense depends upon them…. I don’t understand where…are the Republicans? Where are Lindsay Grahams? Where are these people who know how this works? To not be terrified of where this is at…. Sharing our most guarded secrets on global conflict with a truly unstable private citizen who has no authority…. This is chilling…. Republican senators need to put a stop to this and pull this back.”
—
Notes:
https://www.npr.org/2025/03/20/nx-s1-5335600/library-museum-funding-doge-sonderling
https://www.nytimes.com/2025/03/20/us/politics/trump-alien-enemies-immigration-agents.html
https://www.democracydocket.com/news-alerts/musk-doge-social-security-access-blocked/
https://storage.courtlistener.com/recap/gov.uscourts.mdd.577321/gov.uscourts.mdd.577321.49.0.pdf
https://thehill.com/homenews/administration/5203530-white-house-trump-deportation-judge-attack/
https://talkingpointsmemo.com/edblog/doge-hits-the-institute-of-museum-and-library-services
https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.47.0_1.pdf
https://talkingpointsmemo.com/morning-memo/maga-is-raging-hard-against-the-judges-who-get-in-its-way
https://www.nytimes.com/2025/03/20/world/europe/trump-courts-defiance-autocrats-playbook.html
https://www.nytimes.com/2025/03/20/opinion/trump-courts-disrupt-break.html
https://www.washingtonpost.com/opinions/2025/03/20/supremecourt-trump-democracy-crisis/
https://armedservices.house.gov/news/documentsingle.aspx?DocumentID=5018
https://www.nytimes.com/2025/03/20/us/politics/trump-alien-enemies-immigration-agents.html
https://www.law.cornell.edu/wex/fourth_amendment
https://www.theguardian.com/us-news/2025/mar/20/defense-senate-house-republicans-nato
https://www.vox.com/world-politics/404621/elon-musk-china-tesla-trump
https://www.nytimes.com/2025/03/20/us/politics/musk-pentagon-briefing-china-war-plan.html
MSNBC:
Bluesky:
joshtpm.bsky.social/post/3lkuavzmbss2i
March 20, 2025
March 19, 2025
March 19, 2025
On the Fox News Channel’s The Five yesterday, the panel of Fox personalities expressed outrage that federal judge James Boasberg had ordered the Trump administration to stop its deportation of migrants based on the 1798 Alien Enemies Act. That act permits the president to arrest and deport citizens of other countries that are at war with the U.S. or invading it. If Trump’s claim that Venezuelan gang members are acting in concert with the Venezuelan government to invade the U.S. stands, it gives the president extraordinary scope to take power over immigration away from Congress by declaring any foreign country is invading the United States and thus making its citizens subject to deportation without going through the normal legal process.
The Fox News Channel hosts were also unhappy that when President Donald Trump called for Boasberg’s impeachment, Chief Justice of the Supreme Court John Roberts issued a relatively mild statement that did not mention the president by name but criticized his call for Boasberg’s impeachment by saying: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.”
Roberts was nominated for his position by Republican president George W. Bush and was the author of the Donald Trump v. United States decision establishing that a president cannot be prosecuted for crimes committed as part of his official duties, a decision that upended centuries of precedent to allow Trump to avoid criminal prosecution. Roberts can hardly be considered a member of the radical Left.
And yet, on The Five, Greg Gutfeld exploded: “Maybe a guy in a robe in D.C. can follow all the protocols, but Trump is the ‘f-ing’ president of the United States who protects 300 million plus people. He is a leader who does not have the luxury of opening up his little books to read ‘Oh my god, maybe he didn’t do it the right way.’ Roberts, shut the ‘f’ up. This is something that a president has to do. He HAS to do this.”
Gutfeld’s outburst shows just how far today’s right wing has slid toward autocracy. It is a grim marker for our democracy, when a commentator with a wide audience openly calls for the replacement of the rule of law with a dictator.
While Trump apologists are insisting that the men deported to El Salvador are part of a Venezuelan gang that has spread crime across the United States, the family members of some of the individuals who show up on videos of those deported insist their relatives are not gang members.
On Monday, March 17, two days after the men were deported, Acting Field Office Director Robert L. Cerna of Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations added support to their families’ statements when he revealed that “many” of those deported did not have criminal records in the United States, although he insisted that the men were nonetheless associated with the Tren de Aragua (TdA) gang. In a sworn declaration, Cerna told the court that if the deportees lack a criminal record, “that is because they have only been in the United States for a short period of time.”
He went on to say: “The lack of criminal record does not indicate they pose a limited threat. In fact, based upon their association with TdA, the lack of specific information about each individual actually highlights the risk they pose. It demonstrates that they are terrorists with regard to whom we lack a complete profile.”
That paragraph, from an American official, is worth rereading. It asserts to the court that a person’s lack of criminal record proves that they are more dangerous than people who do have a criminal record because their clean record simply shows that the government lacks a complete profile of their crimes.
Wow.
The United States has laws in place to prosecute criminals whether or not they are citizens and, if they are convicted, to imprison them and then, if they are not citizens, to deport them. This system was in operation long before Donald Trump became president. When people like Gutfield call for the president to act outside that system, they are saying that our legal system is insufficient to handle the conditions in modern America.
But arguing that the rule of law is obsolete is nothing new. It was common among certain circles in late nineteenth- and early twentieth-century America. Then, as now, gangs of Americans insisted that the courts had been corrupted by politicians who let members of certain populations off easily because they wanted their votes, and thus were unleashing criminals on the community.
In 1884, for example, Cincinnati, Ohio, erupted into three days of rioting when William Berner avoided a murder conviction after he and his fellow employee Joseph Palmer beat their employer, stableman William Kirk, strangled him, and threw his body in the woods outside the city. Convicted of manslaughter, Berner was sentenced to twenty years in prison rather than execution.
After the court announced Berner’s sentence, 8,000 of “the wisest and most prudent citizens” of the city, “well-known and respected citizens,” met to call for justice. They swept into the streets, becoming a mob that killed 56 people and injured more than 200 over the next two days. They fought against symbols of government authority, attacking the jail and police officers and burning the courthouse to the ground.
The argument used by the Cincinnati rioters—that a court system corrupted by politicians was letting criminals loose into the community—was the justification for the lynching of Black Americans from the 1890s onward.
Today, the attack on the rule of law is taking a different form. MAGA supporters are calling for the courts to be replaced not with lynching parties but with a dictator, a single man who will override the laws to bring what his supporters consider justice to those they claim are enemies. The end to the due process of the law leads to situations where a government official can argue that the lack of a criminal record for someone perceived to be an enemy of those in power just proves that person is a criminal.
The call to erase the rule of law and institute a dictatorship is more than just an attack on individuals’ rights. It is fundamentally an attack on the supreme power of the American people. “We the People of the United States,” our constitution reads, “do ordain and establish this Constitution for the United States of America.” That constitution, which establishes the legislative branch in Article I as the first among equals, sets out a process by which American citizens elect lawmakers who write, debate, and pass the laws under which we live. Under this system, our laws represent the will of the American people.
Trump and today’s MAGA Republicans are proudly ignoring those laws, not only in Trump’s attacks on the judiciary but also in things like the administration’s lie, reported today by Andy Kroll of ProPublica, that nearly 7,000 employees at the Internal Revenue Service were fired for poor performance despite the repeated warnings of a top IRS lawyer that this was “a false statement” that amounted to “fraud” on the courts.
The administration’s attempt to ignore the laws the Constitution charges it with executing amounts to an attack on the right of the American people to establish the rules under which we live.
In a webcast on Monday, Trump ally Steve Bannon defended the deportations even if, as his guest said, they swept in “some gardener or something who’d never been in trouble.” Bannon replied: “ Big deal…. Maybe some people got caught up in it. Who knows?... I think they got everybody who was a bad guy, but guess what? If there's some innocent gardeners in there? Hey, tough break for a swell guy. That's where we stand.”
Throughout our history, that is not where the laws of the United States, or the majority of its people, have stood.
—
Notes:
https://www.mediamatters.org/five/foxs-greg-gutfeld-supreme-court-chief-justice-roberts-shut-f
https://www.documentcloud.org/documents/25591745-cerna-march-17-declaration/
https://ohiomemory.ohiohistory.org/archives/6069
History of Cincinnati and Hamilton County, Ohio (Cincinnati: S.B. Nelson, 1894), pp. 367–378.
https://www.propublica.org/article/trump-irs-firings-doge-fraud-law-job-performance
Bluesky:
March 18, 2025
March 18, 2025
On Saturday, U.S. District Judge James Boasberg ordered that the Trump administration stop deporting anyone from the United States under the authority of the 1798 Alien Enemies Act and that the planes carrying individuals to prison in El Salvador be turned around. Despite the order, the administration declined to bring the planes back, and administration officials appeared to mock the order, with Secretary of State Marco Rubio reposting the message of Salvadoran president Nayib Bukele that read, “Oopsie… Too late,” along with a laughing emoji.
On Sunday, lawyers from the Department of Justice suggested that the planes were outside the jurisdiction of the U.S. when Boasberg issued the order, or that the order didn’t take effect until it was entered into the electronic docket, although his verbal order that he said had to be “complied with immediately” came about 45 minutes earlier, before at least one of the planes landed.
On Monday the Justice Department unsuccessfully asked a federal appeals court to remove Boasberg from the case. In a hearing, Boasberg asked the administration to clarify its actions after it appeared to defy the court by rushing the planes off the ground and to El Salvador. In response to the Justice Department’s claim that the judge’s orders had no authority over the flights once they left U.S. airspace, the judge noted that the power of the federal courts does not end at the end of U.S. airspace. Boasberg also appeared to reject the claim of the DOJ lawyers that there is no judicial order until it is published in a written filing. The DOJ also refused to tell Boasberg anything about the flights, saying that even their number was a question of national security, although the administration had talked extensively about them on public media.
Boasberg scheduled another hearing today to get the DOJ lawyers to answer the questions they had refused to address.
This morning, President Donald Trump took to social media to call Boasberg a “Radical Left Lunatic of a Judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama, was not elected President—He didn’t WIN the popular VOTE (by a lot!), he didn’t WIN ALL SEVEN SWING STATES, he didn’t WIN 2,750 to 525 Counties, HE DIDN’T WIN ANYTHING! I WON FOR MANY REASONS, IN AN OVERWHELMING MANDATE, BUT FIGHTING ILLEGAL IMMIGRATION MAY HAVE BEEN THE NUMBER ONE REASON FOR THIS HISTORIC VICTORY. I’m just doing what the VOTERS wanted me to do. This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!”
Trump’s post sounds as if he is nervous about the increasing unrest over his policies and is trying to convince people that he has a mandate although in fact more people voted for other candidates in the 2024 election than voted for him. But it was his suggestion that any judge with whom he disagrees should be removed that sparked pushback from Chief Justice of the Supreme Court John Roberts, who issued a statement saying: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.”
Roberts wrote the Trump v. United States decision of July 1, 2024, establishing that presidents cannot be prosecuted for crimes committed as part of their official presidential duties, and it seems likely that Trump did not expect a rebuke from him.
U.S. District Judge Theodore D. Chuang also sought to stop the administration’s power grab. In a scathing 68-page decision, Chuang found that the actions of Elon Musk and the “Department of Government Efficiency” to destroy the United States Agency for International Development, or USAID, “likely violated the United States Constitution in multiple ways.” Chuang explained that the destruction of USAID hurt not only the 26 current or recently fired employees and contractors of USAID who had filed a lawsuit against Elon Musk and the “Department of Government Efficiency.” That destruction also hurt “the public interest, because they deprived the public’s elected representatives in Congress of their constitutional authority to decide whether, when, and how to close down an agency created by Congress.”
While the question of who is in charge of the so-called Department of Government Efficiency is such a mystery that it has spawned its own social media hashtag—WITAOD, for “Who is the administrator of DOGE?”—Chuang clearly identified Elon Musk as the person in charge. Trump “identified Musk as the leader of DOGE,” he notes, and “Trump and Musk held a joint press conference in the Oval Office to answer reporters’ questions about DOGE.” Chuang noted the many, many times when Trump called Musk DOGE’s leader.
In the lawsuit, USAID employees argued that Musk has acted as an officer of the United States without having been duly appointed to such a role. The Constitution provides that the president can appoint such officers, who exercise “significant authority,” but that they must be confirmed with the advice and consent of the Senate. Musk, quite obviously, was not. The White House has tried to get around this issue by claiming that Musk is only an advisor to the president, but Chuang wasn’t buying it. “[B]ased on the present record,” he wrote, “the only individuals known to be associated with the decisions to initiate a shutdown of USAID…are Musk and DOGE team Members.” Musk therefore “exercises actual authority in ways that an advisor to the President does not.”
Chuang ordered that parts of USAID must be restored, although what effect that will have is unclear since the agency has been destroyed.
Trump continued his attack on the rule of law today when he fired the two Democratic commissioners at the Federal Trade Commission, which protects consumers from collusion and anti-consumer practices. The firings leave only two Republicans on the commission and leave it without a quorum to do business. Beginning with the 1935 case of Humphrey’s Executor v. United States, the courts have established that the president cannot fire officials in agencies created by Congress without a serious reason like neglect of duties. Legal analyst Mark Joseph Stern wrote: “Trump’s action here is brazenly illegal under any interpretation of the law as it stands.”
Trump held a phone conversation today with Russian president Vladimir Putin, allegedly about a proposed ceasefire in Russia’s invasion of Ukraine. During the 2024 presidential campaign, Trump boasted that he would end Russia’s war against Ukraine in a day, and he is now eager for any end to the hostilities. But Putin seems less eager to reach a solution than to demonstrate his dominance over Trump. Today, when the phone call was scheduled, Putin was on stage at an event. When his interviewer asked if he needed to go because he would be late for the call, Putin dismissed the question and laughter broke out. Brett Bruen, president of the Global Situation Room public relations firm wrote: “Making leaders wait is an old Putin power play. But, this is pretty brutal. Putin is publicly mocking Trump.”
While Trump’s team portrayed the conversation as productive, Putin maintained that Ukraine was the aggressor in the war, although it was Russia that invaded Ukraine. Putin also demanded that the U.S. and allies must stop all military aid and the sharing of intelligence with Ukraine, conditions that would hamstring Ukrainian resistance to the Russian invasion.
Finally today, Health and Human Services Secretary Robert F. Kennedy Jr. has proposed addressing the H5N1 bird flu that is decimating U.S. poultry and cattle farms by simply letting the disease run rampant. He suggests such a course would permit scientists to discover birds that are immune to the disease.
But veterinary scientists say that letting the virus sweep through flocks is “a really terrible idea, for any one of a number of reasons,” as Dr. Gail Hansen, a former state veterinarian for Kansas, told Apoorva Mandavilli of the New York Times. Chickens and turkeys don’t have the genes to resist the virus, and every infection is a chance for the virus to mutate into a more virulent form, one of which could mutate so it could spread among humans. If H5N1 were permitted to infect 5 million birds, “that’s literally five million chances for that virus to replicate or to mutate,” Hansen told Mandavilli.
The danger of this shoot first, ask questions later attitude of administration officials was on display today in articles about the men deported to El Salvador. A Washington Post article by Silvia Foster-Frau followed the story of four Venezuelan friends who had come to the U.S. illegally. They shared a townhouse in Dallas, where immigration officials picked them up last Thursday. The men signed deportation papers, expecting to return to Venezuela, but although there is no record that the men committed crimes in the U.S. and their families insist they are not affiliated with the Venezuelan Tren de Aragua gang whose members White House officials claim were on the weekend’s deportation flights, the men are shown in the videos of those deported to prison in El Salvador.
A Reuters story by Sarah Kinosian and Kristina Cooke reported that family members who suspect their loved ones have been sent to El Salvador have launched a WhatsApp helpline.
—
Notes:
https://www.politico.com/news/2025/03/16/deport-support-venezuela-el-salvador-00232379
https://www.politico.com/news/2025/03/17/judge-boasberg-trump-deportation-hearing-00234945
https://thehill.com/homenews/administration/5202045-trump-judicial-impeachment/
https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf
https://storage.courtlistener.com/recap/gov.uscourts.mdd.576293/gov.uscourts.mdd.576293.73.0.pdf
https://www.nytimes.com/2025/03/18/us/politics/elon-musk-usaid-doge-unconstitutional.html
https://www.democracydocket.com/news-alerts/trump-fires-2-democrats-federal-trade-commission/
https://www.newsweek.com/watch-putin-laughs-upon-being-told-hes-running-late-trump-call-2046618
Civil Discourse with Joyce Vance Deportations: It's not where it starts, it's where it ends.Just ahead of the hearing scheduled for 5 p.m. Eastern in the case we discussed last night, the Justice Department asked Judge James Boasberg to vacate the order setting the hearing. The government didn’t want to have to show up. Their reason? They wrote…Read morea day ago · 2648 likes · 293 comments · Joyce Vancehttps://www.washingtonpost.com/opinions/2025/03/18/trump-putin-ukraine-peace-talks/
https://www.nytimes.com/2025/03/18/health/kennedy-bird-flu.html
https://www.washingtonpost.com/immigration/2025/03/18/trump-migrants-venezuelans-deportation-bukele/
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