Heather Cox Richardson's Blog, page 54

February 12, 2025

February 12, 2025

Yesterday afternoon, in a bizarre performance, President Donald Trump hosted reporters in the Oval Office, the formal working space of the President of the United States. As Trump sat quietly behind the Resolute Desk, a gift from Queen Victoria to the United States as a symbol of international friendship, billionaire Elon Musk held center stage. Musk talked to the reporters, wearing a jacket over a T-shirt, and a “Make America Great Again” ball cap—a likely violation of the Hatch Act, which Trump’s people routinely ignore—while his young son X wandered around the room, at one point exchanging a look with a downcast Trump that observers immediately captioned: “You’re sitting in my daddy’s chair.”

The event was Trump signing another executive order, this one essentially putting Musk’s “Department of Government Efficiency” (DOGE) in charge of the U.S. government. The executive order, titled “Implementing The President’s ‘Department of Government Efficiency’ Workforce Optimization Initiative,” provides for an operative from DOGE to be assigned to every agency, where that operative will be in charge of all hiring and firing. It also puts downsizing in DOGE’s hands and establishes that only one new employee can be hired to replace four who leave.

Josh Marshall of Talking Points Memo noted that these operatives report to Musk, who is “clearly operating here as an independent actor whose actions the President blesses after he’s found out what’s happened. This is a parallel overlaying of authority over the entire structure of the U.S. government.”

Trump said that Musk had found “billions and billions of dollars in waste, fraud and abuse,” but in fact they have produced no evidence of such waste. Today Representative Jared Moskowitz (D-FL) said Congress has had no information from Musk or DOGE, and when asked to produce evidence of fraud, White House press secretary Karoline Leavitt simply listed things that seemed to be “against the president’s policies and his America-first agenda.”

As both the New York Times and the Washington Post reported today, the big winner from all the cuts to the government has been Musk himself, who has eliminated the agencies that were scrutinizing his businesses.

On the floor of Congress today, Moskowitz pointed out that Musk’s claims to have uncovered waste, fraud, and abuse present a problem for Congress. Led by House speaker Mike Johnson (R-LA), the Republicans have not yet managed to fund the government for 2025, but rather than trying to pass the 12 appropriations bills necessary before the March 14 deadline for a government shutdown, Johnson is hoping to pass a continuing resolution that will extend funding as a comprehensive package. Moskowitz pointed out that if, in fact, the government is full of waste, fraud, and abuse, Congress should debate each appropriations bill in detail rather than use a continuing resolution that would perpetuate what the Republicans say is billions of dollars of waste, fraud, and abuse.

Long gone is any pretense that the administration will work to lower prices for ordinary Americans. The Consumer Price Index report out today from the Bureau of Labor Statistics shows that inflation surged in January, gaining a half a point as the cost of gas, rents, and groceries went up. Egg prices rose 15.2%. On Monday, Trump levied a 25% tariff on steel and aluminum, raising concerns that prices for cars and trucks, as well as appliances and rebar for construction, will also rise.

Today Senator Mitch McConnell (R-KY) published an op-ed in the Louisville Courier Journal warning that “Kentuckians can’t afford the high cost of Trump’s tariffs,” which could cost the average Kentucky resident $1,200 a year. “[P]reserving the long-term prosperity of American industry and workers requires working with our allies, not against them,” McConnell wrote, and he called for “strengthen[ing] our friendships abroad.”

Trump responded to today’s report by posting on social media: “BIDEN INFLATION UP!”

The Republicans submitted their budget resolution for funding the government today. It called for cuts of $2 trillion to mandatory spending, a category that includes Social Security and Medicare. Two Republican lawmakers told Meredith Lee Hill of Politico that Republicans expect to cut food aid for more than 40 million low-income Americans; Hill’s colleague Grace Yarrow reports the House Agriculture Committee is eyeing about $150 billion in cuts to supplemental nutrition programs. The proposal also calls for $4.5 trillion in tax cuts for the wealthy and corporations and an increase of $4 trillion in the debt ceiling.

Today saw a landmark shift in the foreign policy of the United States. Since World War II, the U.S. has stood behind the international organizations that worked to stabilize the globe by creating spaces for countries to work out their differences without resorting to war. Among the principles of those organizations was that bigger countries couldn’t simply take over other, smaller countries, and one of the ways countries enforced that principle was through the North Atlantic Treaty Organization (NATO), the collective security agreement in which signatories agreed that an attack on one would be an attack on all.

In 2016, Trump’s people weakened the U.S. stance against Russia’s incursions on Ukraine by softening the language of that year’s Republican platform, and Russia worked to help Trump get elected, apparently because Putin believed Trump would look the other way as Russia took not only Ukraine's Crimea but also significant territory in eastern Ukraine. Then, in his first term in office, Trump often took Putin’s side and threatened to take the U.S. out of NATO.

President Joe Biden and Secretary of State Antony Blinken worked hard to strengthen NATO and pulled together a strong coalition to back Ukraine when Russia launched a full-scale invasion in 2022. But when he took office just three weeks ago, Trump alarmed observers by suddenly talking about taking over other countries like Panama and Canada, and Denmark’s territory of Greenland. Such moves would directly undermine the post–World War II international organizations the U.S. has always championed. They would destroy NATO and the North American Aerospace Defense Command (NORAD), a joint U.S.-Canadian organization that protects North America from aerospace threats, and would also rip apart the Five Eyes intelligence alliance that has joined Australia, Canada, New Zealand, the United Kingdom, and the United States since World War II.

Today it appears Trump is making good on this threat to turn away from the longstanding policy of the U.S. and toward the foreign policy advocated by Russian president Vladimir Putin.

Trump has been talking about demanding $500 billion worth of Ukraine’s mineral resources in exchange for continued U.S. support, but today, at the Ukraine Defense Contact Group, a group put together under Biden to coordinate assistance to Ukraine, Secretary of Defense Pete Hegseth suggested a new U.S. position. Hegseth echoed Putin’s demands, saying that “returning to Ukraine’s pre-2014 borders is an unrealistic objective” and that the U.S. will not support NATO membership for Ukraine, thus giving up two key issues without apparently getting anything in return. He said that Europe must take over assistance for Ukraine as the U.S. focuses on its own borders. He wanted, he said, to “directly and unambiguously express that stark strategic realities prevent the United States of America from being primarily focused on the security of Europe.”

Trump’s social media account—it did not sound like his own words—posted today that he “just had a lengthy and highly productive phone call with President Vladimir Putin of Russia…. We agreed to work together, very closely, including visiting each other’s Nations,” thus offering a White House visit to Putin, who has been isolated from other nations since his attacks on Ukraine. And, the post said, they had agreed to start negotiations over Ukraine, although it also specified they had not included Ukraine’s president, Volodymyr Zelensky, in their talk. The post said that Trump “feel[s] strongly, [the talks] will be successful.”

The Russian government’s readout of the call added that “bilateral economic relations between Russia and the United States were also brought up during the conversation,” language that almost certainly means Putin wants Trump to lift the economic sanctions imposed after Russia invaded Ukraine that have wreaked havoc on the Russian economy.

The Trump administration also swapped U.S. teacher Marc Fogel for Alexander Vinnik, a kingpin of Russian cybercrime who operated one of the world’s largest currency exchanges, facilitating drug trafficking, ransomware, and money laundering. When announcing Fogel’s release, Trump was asked if Russia had given anything in exchange. He answered: “Not much, no. They were very nice. We were treated very nicely by Russia, actually." Russia refused to include Fogel, who was wrongfully detained in 2021, in the large prisoner swap of June 2024.

Today, the Senate approved Tulsi Gabbard, who has often made comments sympathetic to Russia and who has defended former Syrian leader Bashar al-Assad, who fled to Russia after the Syrian people ousted him, as the U.S. director of national intelligence. All Democrats voted against Gabbard and all Republicans voted in favor of her, with the important exception of Senator Mitch McConnell, who said: “The ODNI wields significant authority over how the intelligence community allocates its resources, conducts its collection and analysis, and manages the classification and declassification of our nation’s most sensitive secrets. In my assessment, Tulsi Gabbard failed to demonstrate that she is prepared to assume this tremendous national trust.”

Tonight, France, Germany, Poland, Italy, Spain, and the United Kingdom released a joint statement vowing to protect Ukraine’s sovereignty and making it clear that “Ukraine and Europe must be part of any negotiations.”

Notes:

https://talkingpointsmemo.com/edblog/not-hyperbole-anymore-musk-is-in-charge-of-the-us-government

https://www.whitehouse.gov/presidential-actions/2025/02/implementing-the-presidents-department-of-government-efficiency-workforce-optimization-initiative/

https://www.washingtonpost.com/politics/2025/02/11/trump-workforce-cuts-elon-musk/

https://www.axios.com/newsletters/axios-macro-c9cfca50-e948-11ef-aa3f-a Nm e329e76baab5.html

https://www.nytimes.com/2025/02/11/business/economy/tariffs-steel-aluminum-manufacturing.html

https://www.defense.gov/News/Speeches/Speech/Article/4064113/opening-remarks-by-secretary-of-defense-pete-hegseth-at-ukraine-defense-contact/

https://abcnews.go.com/International/russian-held-us-released-wake-fogel-release-kremlin/story?id=118725555

https://www.usnews.com/news/world/articles/2025-02-12/kremlin-says-one-jailed-russian-released-in-exchange-for-u-s-schoolteacher-fogel

https://newrepublic.com/post/191469/donald-trump-press-secretary-karoline-leavitt-fraud

https://www.auswaertiges-amt.de/en/newsroom/news/baerbock-weimar-2700212

https://apnews.com/article/inflation-economy-federal-reserve-48e77a855078b37bf3ccd58c9db94c82

https://abcnews.go.com/Business/inflation-increased-january-posing-obstacle-tariff-plans/story

https://foreignpolicy.com/2025/02/12/trump-ukraine-rare-earth-critical-mineral-deal-bessent/

https://www.reuters.com/world/us-treasury-secretary-bessent-visit-ukraine-talks-rare-earth-minerals-source-2025-02-11/

https://www.politico.eu/article/trump-demands-500b-in-rare-earths-from-ukraine-for-support/

https://www.theguardian.com/us-news/2025/feb/12/tulsi-gabbard-confirmed

https://www.mcconnell.senate.gov/public/index.cfm/pressreleases

http://en.kremlin.ru/events/president/news/76259

https://www.cbsnews.com/news/house-republicans-budget-resolution-trump/

https://docs.house.gov/meetings/BU/BU00/20250213/117894/BILLS-119NAih.pdf

https://www.politico.com/live-updates/2025/02/12/congress/house-gop-budget-targets-snap-cuts-00203872

https://www.politico.com/newsletters/weekly-agriculture/2025/02/10/gop-plots-snips-to-snap-00203297

https://thehill.com/homenews/administration/5141580-trump-putin-meet-saudi-arabia/

https://www.courier-journal.com/story/opinion/contributors/2025/02/12/trump-tariffs-damage-kentucky-economy-bourbon-mcconnell/78393549007/

https://www.usatoday.com/story/money/food/2025/02/12/breakfast-food-inflation-egg-prices/78458663007/

https://www.nytimes.com/2022/11/02/magazine/russiagate-paul-manafort-ukraine-war.html

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Published on February 12, 2025 22:41

February 11, 2025

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Published on February 12, 2025 12:06

February 11, 2025

February 11, 2025

On February 12, 1809, Nancy Hanks Lincoln gave birth to her second child, a son: Abraham.

Abraham Lincoln grew up to become the nation’s sixteenth president, leading the country from March 1861 until his assassination in April 1865, a little over a month into his second term. He piloted the country through the Civil War, preserving the concept of American democracy. It was a system that had never been fully realized but that he still saw as “the last, best hope of earth” to prove that people could govern themselves.

Lincoln grew up in rural poverty as wealthy enslavers took over prime land in his family's home state of Kentucky and pushed them across the Ohio River to Indiana, where Nancy Lincoln died. From there, they moved on to the frontier state of Illinois, where Abraham sowed seed, hoed fields, grubbed roots, cut trees, made fences, and harvested crops both at home and for farmers to whom his father hired him out for wages, for the elder Lincoln never managed to get his feet under him after leaving Kentucky.

In 1831, finally an adult, Abraham set out to make his mark in the world, as did thousands of other young men in his dynamic era. But making it on his own wasn’t much easier for the young Lincoln than it had been for his father. He settled in the town of New Salem, a village of about a hundred people on a bluff above the Sangamon River, where he failed as a storekeeper, then cobbled together various jobs, eking out a living splitting rails and making deliveries. Government appointments, first as a postmaster and then as a surveyor, kept him afloat and made him well enough known that in 1834, voters elected him to the state legislature, and he was on his way to prominence.

Lincoln’s time as a young man on the make had made him think hard about the relationship between Americans and their government. In his era, elite southern enslavers insisted that government had no role to play in the country except in protecting property, a concept of government that permitted them to amass fortunes thanks to the labor of their Black neighbors. But Lincoln had watched his town of New Salem die because its settlers—hard workers, eager to make the town succeed—could not dredge the Sangamon River to promote trade by themselves.

Lincoln later mused, “The legitimate object of government is ‘to do for the people what needs to be done, but which they can not, by individual effort, do at all, or do so well, for themselves,’… as public roads and highways, public schools, charities, pauperism, orphanage, estates of the deceased, and the machinery of government itself.”

Once elected to the presidency, Lincoln joined with members of his new Republican Party to make the government work for the American people. They created national money and the income tax. They took land from speculators and gave it to men willing to farm it. They established public colleges to enable poor men to get an education, the Department of Agriculture to make sure poor men had access to good seeds, and transcontinental railroads so poor men could both get to western lands and get their products back to eastern markets. And they used the power of the federal government to end human enslavement in the United States except as punishment for crime.

A generation later, under Republican president Theodore Roosevelt, progressives at the turn of the twentieth century expanded on Lincoln's understanding of the role of government in supporting the American people. In that era, corrupt industrialists increased their profits by abusing their workers, adulterating milk with formaldehyde and painting candies with lead paint, dumping toxic waste into neighborhoods, and paying legislators to let them do whatever they wished.

Those concerned about the survival of democracy worried that individuals were not actually free when their lives were controlled by the corporations that poisoned their food and water while making it impossible for individuals to get an education or make enough money ever to become independent.

To restore the rights of individuals, progressives of both parties argued that individuals needed a strong, active government to protect them from the excesses and powerful industrialists of the modern world. Under the new governmental system that Theodore Roosevelt pioneered, the government cleaned up the sewage systems and tenements in cities, protected public lands, invested in public health and education, raised taxes, and called for universal health insurance, all to protect the ability of individuals to live freely without being crushed by outside influences.

Reformers sought, as Roosevelt said, to return to “an economic system under which each man shall be guaranteed the opportunity to show the best that there is in him.”

In the 1920s, the idea that the government should be run as a business eclipsed Roosevelt’s progressive government, but after the Great Crash of 1929 and the ensuing Great Depression, Democrats under President Franklin Delano Roosevelt in the 1930s offered a “new deal for the American people.” That New Deal meant that the government would no longer work simply to promote business, but would also regulate business, provide a basic social safety net, and promote infrastructure. World War II accelerated the construction of that active government, and by the time it was over, Americans quite liked the new system.

After the war, Republican Dwight Eisenhower embraced the active government. He explained that in the modern world, the government must protect people from disasters created by forces outside their control, and it must provide social services that would protect people from unemployment, old age, illness, accidents, unsafe food and drugs, homelessness, and disease.

He called his version of the New Deal “a middle way between untrammeled freedom of the individual and the demands of the welfare of the whole Nation.” One of his supporters echoed Lincoln when he explained, “If a job has to be done to meet the needs of the people, and no one else can do it, then it is the proper function of the federal government.” Both Republicans and Democrats embraced this idea, which became known as the “liberal consensus.” In the second half of the twentieth century, they expanded the role of government to protect civil rights, the environment, access to healthcare and education, equal opportunity in employment, and so on.

But those who objected to the liberal consensus rejected the idea that the government had any role to play in the economy or in social welfare and made no distinction between the liberal consensus and international communism. They insisted that the country was made up of “liberals,” who were pushing the nation toward socialism, and “conservatives” like themselves, who were standing alone against the Democrats and Republicans who made up a majority of the country and liked the new business regulations, safety net, infrastructure, and protection of civil rights.

That reactionary mindset came to dominate the Republican Party after Ronald Reagan’s election in 1980. Republicans began to insist that anyone who embraced the liberal consensus of the past several decades was un-American and had no right to govern, no matter how many Americans supported that ideology. And now, forty-five years later, we are watching as a group of reactionaries dismantle the government that serves the needs of ordinary Americans and work, once again, to concentrate wealth and power in the hands of an elite.

The idea of a small government that serves the needs of a few wealthy people, Lincoln warned in his era, is “the same old serpent that says you work and I eat, you toil and I will enjoy the fruits of it. Turn in whatever way you will—whether it come from the mouth of a King, an excuse for enslaving the people of his country, or from the mouth of men of one race as a reason for enslaving the men of another race, it is all the same old serpent.”

—-

Notes:

https://quod.lib.umich.edu/l/lincoln/lincoln2/1:261

Dwight D. Eisenhower, February 2, 1953, Message to Congress.

Arthur Larson, A Republican Looks at His Party (New York: Harper & Brothers, 1956), quotation on p. 159.

https://teachingamericanhistory.org/document/speech-at-chicago-illinois/

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Published on February 11, 2025 20:44

February 10, 2025

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Published on February 11, 2025 12:25

February 10, 2025

February 10, 2025

As soon as President Donald Trump took office, his administration froze great swaths of government funding, apparently to test the theory popular with Project 2025 authors that the 1974 law forbidding the president from “impounding” money Congress had appropriated was unconstitutional. The loss of funding has hurt Americans across the country. Today, Daniel Wu, Gaya Gupta, and Anumita Kaur of the Washington Post reported that farmers who had signed contracts with the U.S. Department of Agriculture to improve infrastructure and who had paid up front to put in fences, plant different crops, and install renewable energy systems with the promise the government would provide financial assistance are now left holding the bag.

With Republicans in Congress largely mum about this and other power grabs by the administration, the courts are holding the line. Chief Judge John McConnell of the U.S. District Court for the District of Rhode Island today found that the Trump administration has refused to disburse federal funding despite the court’s “clear and unambiguous” temporary restraining order saying it must do so. McConnell said the administration “must immediately restore frozen funding” and clear any hurdles to that funding until the court hears arguments about the case. This includes the monies withheld from the farmers.

This evening, Massachusetts U.S. District Judge Angel Kelley blocked the Trump appointees at the National Institutes of Health from implementing the rate change they wanted to apply to NIH grants. But, as legal analyst Joyce White Vance notes, the only relief sought is for the twenty-two Democratic-led states that have sued, keeping Republican-dominated states from freeloading on their Democratic counterparts. As Josh Marshall noted today in Talking Points Memo, it appears a pattern is emerging in which Democratic-led states are suing the administration while officials from Republican-led states, which are even harder hit by Trump’s cuts than their Democratic-led counterparts, are asking Trump directly for help or exceptions.

As soon as he took office, Trump’s director of the Office of Management and Budget, Russell Vought, who was a key author of Project 2025 and who is also acting as the head of the Consumer Financial Protection Bureau, announced he was shuttering the agency. That closure was a recommendation of Project 2025, which called the consumer protection agency “a shakedown mechanism to provide unaccountable funding to leftist nonprofits.” Immediately, the National Treasury Employees Union sued him, saying that Vought’s directive to employees to stop working “reflects an unlawful attempt to thwart Congress’s decision to create the CFPB to protect American consumers.”

MAGA loyalists, particularly Vice President J.D. Vance, have begun to suggest they will not abide by the rule of law, but before Trump and Vance took office, Supreme Court Chief Justice John Roberts called out Vance’s hints that he would be willing to defy the rulings of federal courts as “dangerous suggestions” that “must be soundly rejected.”

Today the American Bar Association took a stand against the Trump administration’s “wide-scale affronts to the rule of law itself” as it attacks the Constitution and tries to dismantle departments and agencies created by Congress “without seeking the required congressional approval to change the law.”

“The American Bar Association supports the rule of law,” president of the organization William R. Bay said in a statement. “That means holding governments, including our own, accountable.” He cheered on the courts that “are treating these cases with the urgency they require.”

“[R]efusing to spend money appropriated by Congress under the euphemism of a pause is a violation of the rule of law and suggests that the executive branch can overrule the other two co-equal branches of government,” Bay wrote. “This is contrary to the constitutional framework and not the way our democracy works. The money appropriated by Congress must be spent in accordance with what Congress has said. It cannot be changed or paused because a newly elected administration desires it. Our elected representatives know this. The lawyers of this country know this. It must stop.”

He called on “elected representatives to stand with us and to insist upon adherence to the rule of law…. The administration cannot choose which law it will follow or ignore. These are not partisan or political issues. These are rule of law and process issues. We cannot afford to remain silent…. We urge every attorney to join us and insist that our government, a government of the people, follow the law.”

Today, five former Treasury secretaries wrote an op-ed in the New York Times that also reinforced the legal lines of our constitutional system, warning that “our democracy is under siege.” Robert E. Rubin and Lawrence H. Summers, who served under President Bill Clinton; Timothy F. Geithner and Jacob J. Lew, who served under President Barack Obama; and Janet L. Yellen, who served under President Joe Biden, spoke up about the violation of the United States Treasury’s nonpartisan payment system by political actors working in Elon Musk’s “Department of Government Efficiency.”

That DOGE team “lack training and experience to handle private, personal data,” they note, “like Social Security numbers and bank account information.” Their involvement risks exposing highly sensitive information and even risks the failure of critical infrastructure as they muck around with computer codes. The former Treasury secretaries noted that on Saturday morning, a federal judge had temporarily stopped those DOGE workers from accessing the department’s payment and data systems, warning that that access could cause “irreparable harm.”

“While significant data privacy, cybersecurity and national security threats are gravely concerning,” the former secretaries wrote, “the constitutional issues are perhaps even more alarming.” The executive branch must respect that Congress controls the nation’s money, they wrote, reiterating the key principle outlined in the Constitution: “The legislative branch has the sole authority to pass laws that determine where and how federal dollars should be spent.”

The Treasury Department cannot decide “which promises of federal funding made by Congress it will keep, and which it will not,” the letter read. “The Trump administration may seek to change the law and alter what spending Congress appropriates, as administrations before it have done as well. And should the law change, it will be the role of the executive branch to execute those changes. But it is not for the Treasury Department or the administration to decide which of our congressionally approved commitments to fulfill and which to cast aside.”

That warning appears as Trump indicates that he is willing to undermine the credit of the United States. Yesterday, on Air Force One, he told reporters that the members of the administration trying to find wasteful spending have suggested that they have found fraud in Treasury bonds and that the United States might “have less debt than we thought.” The suggestion that the U.S. might not honor its debt is a direct attack on the Fourteenth Amendment to the Constitution, which says that “[t]he validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.” That amendment was written under similar circumstances, when former Confederates sought to avoid debt payments and undermine the power of the federal government.

Lauren Thomas, Ben Drummett, and Chip Cutter of the Wall Street Journal reported yesterday that “for CEOs and bankers, the Trump euphoria is fading fast.” Consumers are losing confidence in the economy, and observers expect inflation, while business leaders find that trying to navigate Trump’s on-again-off-again tariffs is taking all their attention.

Meanwhile, Trump has continued his purge of government employees he considers insufficiently loyal to him. On Friday he tried to get rid of Ellen Weintraub of the Federal Elections Commission, who contended that her removal was illegal. He also fired Colleen Shogan, the Archivist of the United States, head of the National Archives and Records Administration (NARA), the government agency that handles presidential records. The archivist is the official responsible for receiving and validating the certified electoral ballots for presidential elections—a process Trump’s people tried to corrupt after he lost the 2020 presidential election.

It was NARA that first discovered Trump’s retention of classified documents and demanded their return, although Shogan was not the archivist in charge at the time.

The courts happened to weigh in on the case of the retained classified documents today, when U.S. District Judge Beryl Howell ruled that the FBI must search its records in response to a Freedom of Information Act request from journalist Jason Leopold after Leopold learned that Trump had allegedly flushed presidential records down the toilet when he was president, and later brought classified documents to Florida. The judge noted that the Supreme Court ruling in Trump v. United States that the president cannot be prosecuted for crimes committed as part of his official duties and is “at least presumptive[ly] immune from criminal prosecution for…acts within the outer perimeter of his official responsibility” means that there is no reason to hold back information to shield him from prosecution. Indeed, Howell notes, that decision means that the FOIA request is now the only way for the American public to “know what its government is up to.”

Howell highlighted that the three Supreme Court justices who dissented from the Trump v. United States decision described it as “mak[ing] a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law.” In a footnote, Howell also called attention to the fact that presumptive immunity for the president does not “extend to those who aid, abet and execute criminal acts on behalf of a criminally immune president. The excuse offered after World War II by enablers of the fascist Nazi regime of ‘just following orders’ has long been rejected in this country’s jurisprudence.”

Today, Trump fired David Huitema, director of the Office of Government Ethics, the department that oversees political appointments and helps nominees avoid conflicts of interest.

On Friday, Trump fired the head of the Office of Special Counsel, U.S. Special Counsel Hampton Dellinger. That office enforces federal whistleblower laws as well as the law that prohibits federal employees from engaging in most political activity: the Hatch Act. Congress provided that the special counsel can be removed only for “inefficiency, neglect of duty, or malfeasance in office,” and today Dellinger sued, calling his removal illegal.

Tonight, Judge Amy Berman Jackson blocked Dellinger’s firing through Thursday as she hears arguments in the case.

Notes:

https://storage.courtlistener.com/recap/gov.uscourts.rid.58912/gov.uscourts.rid.58912.96.0_2.pdf

https://storage.courtlistener.com/recap/gov.uscourts.mad.280590/gov.uscourts.mad.280590.25.0.pdf

https://www.washingtonpost.com/politics/2025/02/10/trump-judges-vance-musk-defy-orders/

https://www.washingtonpost.com/opinions/2025/01/01/roberts-vance-court-orders-trump-constitution/

https://newrepublic.com/post/191345/union-sue-trump-vought-cfpb-shutdown

https://www.americanbar.org/news/abanews/aba-news-archives/2025/02/aba-supports-the-rule-of-law/

https://www.nytimes.com/2025/02/10/opinion/treasure-secretaries-doge-musk.html

https://www.nytimes.com/2025/02/07/nyregion/attorneys-general-trump-musk-suit.html

https://www.washingtonpost.com/nation/2025/02/10/farmers-agriculture-funding-frozen/

https://static.project2025.org/2025_MandateForLeadership_FULL.pdf, p. 837

https://constitution.congress.gov/constitution/amendment-14/

Civil Discourse with Joyce Vance All The LitigationAt least one federal judge isn’t intimidated by Trump cronies attacking federal judges who have ruled against the new administration during its first three weeks of operation. Those attacks have taken the form of Elon Musk posting that 1% of the constitutionally life-tenured…Read more13 hours ago · 1197 likes · 172 comments · Joyce Vance

https://www.reuters.com/markets/us/trump-says-us-might-have-less-debt-than-thought-2025-02-09/

https://www.wsj.com/economy/consumers/americans-jittery-over-inflation-university-of-michigan-survey-suggests-1476cf39

https://www.wsj.com/business/deals/trump-boom-corporate-uncertainty-6383263d

https://www.politico.com/news/2025/02/07/trump-fires-national-archives-chief-00203246

https://www.politico.com/news/2025/02/07/donald-trump-fec-commissioner-firing-014200

https://www.politico.com/news/2025/02/10/trump-executive-branch-lawsuit-00203354

https://www.govexec.com/management/2025/02/ethics-and-whistleblower-officials-fired-trump/402887/

https://www.politico.com/news/2025/02/10/fbi-trump-classified-docs-case-015570

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2022cv1921-44

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2022cv1921-44

https://talkingpointsmemo.com/edblog/blue-state-law-red-state-law

https://www.newsweek.com/judge-rips-supreme-court-immunity-ruling-records-case-related-trump-2029103

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Published on February 10, 2025 22:42

February 9, 2025

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Published on February 10, 2025 11:18

February 9, 2025

February 9, 2025

On Friday, President Donald Trump issued an executive order “protecting Second Amendment rights.” The order calls for Attorney General Pam Bondi to examine all gun regulations in the U.S. to make sure they don’t infringe on any citizen’s right to bear arms. The executive order says that the Second Amendment “is foundational to maintaining all other rights held by Americans.”

In fact, it is the right to vote for the lawmakers who make up our government that is foundational to maintaining all other rights held by Americans.

The United States Constitution that establishes the framework for our democratic government sets out how the American people will write the laws that govern us. We elect members to a Congress, which consists of the House of Representatives and the Senate. That congress of our representatives holds “all legislative powers”; that is, Congress alone has the right to make laws. It alone has the power to levy taxes on the American people, borrow money, regulate commerce, coin money, declare war, “to make all Laws which shall be necessary and proper.”

After Congress writes, debates, and passes a measure, the Constitution establishes that it goes to the president, who is also elected, through “electors,” by the people. The president can either sign a measure into law or veto it, returning it to Congress where members can either repass it over his veto or rewrite it. But once a law is on the books, the president must enforce it. The men who framed the Constitution wrote that the president “shall take Care that the Laws be faithfully executed.” When President Richard Nixon tried to alter laws passed by Congress by withholding the funding Congress had appropriated to put them into effect, Congress shut that down quickly, passing a law explicitly making such “impoundment” illegal.

Since the Supreme Court’s 1803 Marbury v. Madison decision, the federal courts have taken on the duty of “judicial review,” the process of determining whether a law falls within the rules of the Constitution.

Right now, the Republicans hold control of the House of Representatives, the Senate, the presidency, and the Supreme Court. They have the power to change any laws they want to change according to the formula Americans have used since 1789 when the Constitution went into effect.

But they are not doing that. Instead, officials in the Trump administration, as well as billionaire Elon Musk— who put $290 million into electing Trump and Republicans, and whose actual role in the government remains unclear— are making unilateral changes to programs established by Congress. Through executive orders and announcements from Musk’s “Department of Government Efficiency,” they have sidelined Congress, and Republicans are largely mum about the seizure of their power.

Now MAGA Republicans are trying to neuter the judiciary.

After yet another federal judge stopped the Musk/Trump onslaught by temporarily blocking Musk and his team from accessing Americans’ records from Treasury Department computers, MAGA Republicans attacked judges. “Outrageous,” Senator Tom Cotton (R-AR) posted, spreading the lie that the judge barred the Secretary of the Treasury from accessing the information, although in fact he temporarily barred Treasury Secretary Bessent from granting access to others. Senator Mike Lee (R-UT) said the decision had “the feel of…a judicial” coup. Right-wing legal scholar Adrian Vermeule called it “[j]udicial interference with legitimate acts of state.”

Vice President J.D. Vance, who would take over the office of the presidency if the 78-year-old Trump can no longer perform the duties of the office, posted: “Judges aren’t allowed to control the executive’s legitimate power.”

As legal scholar Steve Vladeck noted: “Just to say the quiet part out loud, the point of having unelected judges in a democracy is so that *whether* acts of state are ‘legitimate’ can be decided by someone other than the people who are undertaking them. Vermeule knows this, of course. So does Vance.” Of Vance’s statement, Aaron Rupar of Public Notice added: “this is the sort of thing you post when you’re ramping up to defying lawful court orders.”

The Republicans have the power to make the changes they want through the exercise of their constitutional power, but they are not doing so. This seems in part because Trump and his MAGA supporters want to establish the idea that the president cannot be checked. And this dovetails with the fact they are fully aware that most Americans oppose their plans. Voters were so opposed to the plan outlined in Project 2025—the plan now in operation—that Trump ran from it during the campaign. Popular support for Musk’s participation in the government has plummeted as well. A poll from The Economist/YouGov released February 5 says that only 13% of adult Americans want him to have “a lot” of influence, while 96% of respondents said that jobs and the economy were important to them and 41% said they thought the economy was getting worse.

Trump’s MAGA Republicans know they cannot get the extreme changes they wanted through Congress, so they are, instead, dictating them. And Musk began his focus at the Treasury, establishing control over the payment system that manages the money American taxpayers pay to our government.

Musk and MAGA officials claim they are combating waste and fraud, but in fact, when Judge Carl Nichols stopped Trump from shutting down USAID, he specifically said that government lawyers had offered no support for that argument in court. Indeed, the U.S. government already has the Government Accountability Office (GAO), an independent, nonpartisan agency that audits, evaluates and investigates government programs for Congress. In 2023 the GAO returned about $84 for every $1 invested in it, in addition to suggesting improvements across the government.

Until Trump fired 18 of them when he took office, major departments also had their own independent inspectors general, charged with preventing and detecting fraud, waste, abuse, misconduct, and mismanagement in the government and promoting economy, efficiency, and effectiveness in government operations and programs.

The Federal Bureau of Investigation also investigates corruption, including that committed by healthcare providers.

According to Musk’s own Grok artificial intelligence tool on X, the investigative departments of the Securities and Exchange Commission (SEC), the Department of Justice (DOJ), the Federal Aviation Administration (FAA), the National Highway Traffic Safety Administration (NHTSA), the Environmental Protection Agency (EPA), the National Labor Relations Board (NLRB), the U.S. Fish and Wildlife Service, the Department of Transportation, the Federal Trade Commission (FTC), as well as USAID, have all launched investigations into the practices and violations of Elon Musk’s companies.

But Trump has been gutting congressional oversight, apparently wanting to make sure that no one can oversee the president. Rather than rooting out waste and corruption in the government, Musk and his ilk have launched a hostile takeover to turn the United States of America into a business that will return huge profits to those leaders who, in the process of moving fast and breaking things, are placing themselves at the center of the lives of 332 million people. Breaking into the U.S. Treasury payment system puts Musk and his DOGE team at the head of the country’s nerve center.

The vision they are enacting rips predictability, as well as economic security, away from farmers, who are already protesting the loss of their markets with the attempted destruction of USAID. It hurts the states—especially Republican-dominated states—that depend on funding from the National Institutes of Health and the Department of Education. Their vision excludes consumers, who are set to lose the Consumer Financial Protection Bureau as well as protections put in place by President Joe Biden. Their vision takes away protections for racial, ethnic, religious, and gender minorities, as well as from women, and kills funding for the programs that protect all of us, such as cancer research and hospitals.

Musk and Trump appear to be concentrating the extraordinary wealth of the American people, along with the power that wealth brings, into their own hands, for their own ends. Trump has championed further tax cuts for the wealthy and corporations, while Musk seems to want to make sure his companies, especially SpaceX, win as many government contracts as possible to fund his plan to colonize Mars.

But the mission of the United States of America is not, and has never been, to return huge profits to a few leaders.

The mission of the United States of America is stated in the Constitution. It is a government designed by “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity.” Far from being designed to concentrate wealth and power in the hands of a single man, it was formed to do the opposite: spread wealth and power throughout the country’s citizenry and enable them to protect their rights by voting for those who would represent them in Congress and the presidency, then holding them accountable at the ballot box.

The people who think that bearing arms is central to maintaining American rights are the same people who tried to overturn the 2020 presidential election by storming the United States Capitol because they do not command the votes to put their policies in place through the exercise of law outlined in the U.S. Constitution.

Notes:

https://www.whitehouse.gov/presidential-actions/2025/02/protecting-second-amendment-rights-7b90/

https://www.politico.com/news/2025/02/09/trump-courts-block-early-agenda-00203230

https://www.politico.com/news/2025/02/07/judge-blocks-trump-administration-plan-usaid-workers-leave-00203205

https://www.gao.gov/press-release/gaos-work-yields-70.4-billion-savings-federal-government-fy23

https://oig.ftc.gov/what-you-need-know-about-office-inspector-general

https://www.archives.gov/founding-docs/constitution-transcript

https://d3nkl3psvxxpe9.cloudfront.net/documents/econtoplines_c1AfT3R.pdf

https://thehill.com/homenews/administration/5129353-gop-support-for-musk-influence-with-trump-falls-dramatically-poll/

https://talkingpointsmemo.com/edblog/bama-senator-howls-like-stuck-pig-after-she-sees-nih-cuts-impact-in-state

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Published on February 09, 2025 19:00

February 8, 2025

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Published on February 09, 2025 10:52

February 8, 2025

February 8, 2025

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

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

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

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

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

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

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

Lawmakers from Republican-dominated states are now acknowledging what those of us who study the federal budget have pointed out for decades: the same Republican-dominated states that complain bitterly about the government’s tax policies are also the same states that take most federal tax money. Dana Nickel of Politico reported yesterday that Republican leaders in the states claim to be enthusiastic about the cuts made by the Department of Government Efficiency but are mobilizing to make sure those cuts won’t hurt their own state programs that depend on federal money. Oklahoma governor Kevin Stitt told Nickel that governors can provide advice about what cuts will be most effective. “Instead of just across the board cutting, we thought, man, they need some help from the governors to say, ‘We can be more efficient in this area or this area, or if you allow block grants in this area, you can reduce our expenditures by 10 percent.’ And so that’s our goal.”

Yesterday, Tim Carpenter of the Kansas Reflector reported that Senator Jerry Moran (R-KS) is concerned about the Trump administration’s freeze on food distributions through the United States Agency for International Development (USAID). USAID buys about $2 billion in U.S. agricultural products a year, and farmers are already struggling with rising costs, low prices, and concern with tariffs.

Their spokespeople urge the continuation of USAID: the senior director of government affairs at the American Farm Bureau Federation said that “USAID plays a critical role in reducing hunger around the world while sourcing markets for the surplus foods America’s farmers and ranchers grow.” Moran added: “Food stability is essential to political stability, and our food aid programs help feed the hungry, bolster our national security and provide an important market for our farmers, especially when commodity prices are low.”

Meanwhile, federal employees are telling the stories of the work they’ve done for the country. Yesterday, a public letter whose author claimed to be an employee of the Federal Bureau of Investigation whose job is at risk in Trump’s purge of the agency wrote an amalgamation of the FBI agents being purged: “I am the coach of your child’s soccer team,” the letter read. “I sit next to you on occasion in religious devotion. I am a member of the PTA. With friends, you celebrated my birthday. I collected your mail and took out your trash while you were away from home. I played a round of golf with you. I am a veteran. I am the average neighbor in your community.”

But there is another side to that person, the author wrote. “I orchestrated a clandestine operation to secure the release of an allied soldier held captive by the Taliban. I prevented an ISIS terrorist from boarding a commercial aircraft. I spent 3 months listening to phone intercepts in real time to gather evidence needed to dismantle a violent drug gang. I recruited a source to provide critical intelligence on Russian military activities in Africa. I rescued a citizen being tortured to near death by members of an Outlaw Motorcycle Gang. I interceded and stopped a juvenile planning to conduct a school shooting. I spent multiple years monitoring the activities of deep cover foreign intelligence officers, leading to their arrest and deportation. I endured extensive hardship to infiltrate a global child trafficking organization. I have been shot in the line of duty.”

“[W]hen I am gone,” they wrote, “who will do the quiet work that is behind the facade of your average neighbor?”

Less publicly, Joseph Grzymkowski expressed on Facebook his pride in 38 years of service “with utmost dedication, integrity, and passion. I was not waste, fraud, and abuse,” he wrote. “Nor was I the “Deep State.... We are the faces of your Government: ordinary and diverse Americans, your friends and neighbors, working behind the scenes in the interest of the people we serve. We are not the enemy.”

Wth his statement, Grzymkowski posted a magazine clipping from 1996, when he was a Marine Analyst working in the Marine Navigation Department for the National Imagery and Mapping Agency (NIMA), located in Bethesda, Maryland—now known as the National Geospatial-Intelligence Agency (NGA) in Springfield, Virginia. That office provides maritime intelligence for navigation, international obligations, and joint military operations.

On January 6, 1996, a historic blizzard dumped snowfalls of 19 to 31 inches on the East Coast. Stranded alone in the station when his relief couldn’t get through the snow to work, Grzymkowsky stayed at the radio. “I realized there were mariners who needed navigation safety messages delivered, and I wasn’t about to jeopardize the safety of life or cargo at sea simply because we were experiencing a blizzard,” he told a journalist. “One doesn’t leave a watch on a ship until properly relieved, and I felt my responsibility at the watch desk as keenly as I would have felt my responsibility for the navigation on the bridge of a ship.”

For 33 hours, he stayed at his desk and sent out navigation safety messages. “I had a job to do and I did it,” he recalled. “There were ships at sea relying on me, and I wasn’t going to let them down. It’s nothing that any other member of this department wouldn’t do.”

Notes:

https://grants.nih.gov/grants-process

https://crsreports.congress.gov/product/pdf/R/R43341/45

https://report.nih.gov/nihdatabook/report/20

https://www.nih.gov/about-nih/what-we-do/budget

https://www.unitedformedicalresearch.org/nih-in-your-state/alabama

https://www.nih.gov/about-nih/what-we-do/impact-nih-research/serving-society/direct-economic-contributions

https://www.nytimes.com/2025/02/07/us/politics/medical-research-funding-cuts-university-budgets.html

https://www.washingtonpost.com/politics/2025/02/06/trump-usaid-money-american-farms/

https://kansasreflector.com/2025/02/07/kansas-moran-davids-sound-alarm-on-delay-of-usaid-food-aid-to-starving-people-worldwide/

https://southfloridareporter.com/a-trump-policy-change-will-restrict-billions-in-funding-for-medical-research-programs-at-universities/

https://docs.google.com/document/d/12HuhGA67_QPIibLa6nB32BtepQR3zQE_DvDTDGrZ5dU/edit

Grzymkowski article is from a 5th Anniversary Special Edition (1996–2001) of NIMA's Edge magazine, an authorized, internal information publication published for the National Imagery and Mapping Agency personnel and its customers.

https://msi.nga.mil/

https://msi.nga.mil/whats-new

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Published on February 08, 2025 18:29

February 7, 2025

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Published on February 08, 2025 09:59

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