Tag Archives: democracy

Trump Invades Los Angeles

It started with ICE raids at Home Depots and other places undocumented immigrants might congregate to look for work.

Xochitl, a Guatemalan mother of two, was inside a McDonald’s that shares the parking lot with the Home Depot when she said she saw numerous agents running after men she sees every day but knows only by their nicknames. She said she momentarily froze but then began walking in the opposite direction of agents who were detaining food vendors on sidewalks.

“They were just grabbing people,” she said. “They don’t ask questions. They didn’t know if any of us were in any kind of immigration process.”

Anti-ICE protesters gathered, as they do in towns and cities all over America. (There’s a weekly protest outside a Massachusetts ICE facility one town over from mine. I haven’t attended yet, but I feel like I should.) Increasingly, ICE is targeting not the violent criminals Trump campaigned against (who never existed in the numbers he claimed), but the neighbors, friends, and co-workers of ordinary Americans.

By Friday, the situation had devolved into law enforcement officers using tear gas and protesters shooting fireworks at ICE. Who started the violence? Hard to say. In this video, a man describes an ICE raid causing a traffic jam. When agents began dragging people out of a local business, people stuck in the jam began taking videos on their phones. “We’re not there to protest. We were stuck at the light.” The tear gas, the man claims, was aimed at the people taking videos on their phones. “One of the agents, I hear them: ‘Go for the people with the phones’.”

Local officials thought the police response was appropriate to the size of the disturbance, but Trump evidently disagreed. Saturday, he federalized 2000 troops from the California National Guard and placed them under the command of Defense Secretary Pete Hegseth.

Using National Guard troops to control unrest is a well established practice, but usually the troops are requested by the governor. Here, Governor Newsom (and LA Mayor Karen Bass) opposed using the troops, but Trump sent them in anyway — something that hasn’t been done since 1965, when LBJ sent troops to Alabama to protect civil rights workers.

Trump’s over-the-top response has created an additional reason to protest: the appearance of a military takeover as federalized troops are used against the citizens of a major American city. A weekly blog can’t cover breaking news, so I’ll just have to wait and see how this plays out.

The legal authority here is tricky. Jay Kuo breaks it down: Trump is invoking his authority under Title 10, which allows him to use National Guard troops to respond to “a rebellion against the authority of the Government of the United States”. Characterizing spontaneous demonstrations as “rebellion” against the US government is a bit of a stretch, but it’s the kind of stretch the Trump administration has made before, like when it claimed illegal immigration is an “invasion” that justifies invoking the Alien Enemies Act.

But Title 10 doesn’t allow martial law.

So here’s the part that’s a bit hard to grasp at first. Title 10 permits the President to federalize the troops and put them under his command. But what they are permitted to do as military troops operating on domestic soil is still governed by other laws.

And one of those laws is the Posse Comitatus Act.

The PCA doesn’t allow federal troops to play the role of local law enforcement. All they can do is protect federal buildings and federal agents carrying out their duties.

The Insurrection Act makes an exception to the Posse Comitatus Act, and so would be a step towards martial law. But so far Trump has not invoked the Insurrection Act.

Now I’ll begin to speculate: It looks like Trump wants this confrontation, and is hoping the situation escalates. This will provide lots of violent video to show on Fox News, of blue-state citizens battling US troops. After a few days of that, he can justify invoking the Insurrection Act, turning LA into a military occupation zone.

It’s hard not to connect this directly provoked confrontation with the events scheduled for next Saturday. Trump has planned a North-Korea-style military parade in Washington. Ostensibly, the parade is to celebrate the 250th birthday of the US Army. But coincidentally, Saturday is also Trump’s own birthday.

Trump’s $45 million birthday party has incited plans for thousands of counter-protests around the country, under the theme “No Kings“. Whether he intends to meet these protests with state violence remains to be seen.

What’s up with the Supreme Court?

Consider this a follow-up to last week’s post of qualified optimism about the prospects for American democracy to outlive the Trump administration. We continue to be steaming towards a direct clash between Trump and the Supreme Court. How that plays out will be a big factor in whether our way of government survives.

A lot of the pessimists I talk with say this clash has already happened and the bad guys won. Specifically, the Court told the Trump administration to bring Kilmar Abrego Garcia back from the concentration camp Trump has established in El Salvador. Trump has ignored that order and gotten away with it. So: courts and laws are powerless and Trump will do as he pleases. For all practical purposes, American democracy is already dead.

I read the situation somewhat differently. To me, the Supreme Court and the Trump administration look like two fighters circling each other warily, each waiting to see if the other really wants to do this.

It already seems clear that the Court will not endorse Trump’s most obviously illegal acts. It will not deny that the 14th Amendment guarantees birthright citizenship, no matter how badly Trump wants that denial. It won’t agree that he can invoke wartime powers (like the Alien Enemies Act) when there is no war. It won’t endorse him unilaterally unmaking agencies made and funded by Congress. The administration seems to understand this, which is why it hasn’t pushed for the Court to resolve those issues quickly.

Instead, Trump’s lawyers keep offering the Court ways to surrender quietly, by writing itself out of the picture. For example, the portion of the birthright citizenship case that the administration argued in front of the Court this week did not seek an answer to the central question. Instead, it focused on whether lower court injunctions could cover the entire country. The acting Solicitor General argued for a system in which each loss in a lower court only affected the specific plaintiffs involved, leaving the administration free to ignore the birthright citizenship of any other Americans until they sued too. Only a Supreme Court ruling could shut the administration down completely.

This leaves an enormous loophole: If the administration simply refused to appeal a series of lower-court losses, none of the cases would make it to the Supreme Court, so there could be no national ruling against them.

In other words: You don’t have to endorse our position, Supremes, just write yourself out of the picture and let us proceed.

For its part, the Court has so far treated the Trump administration as if it were a good-faith actor, which it clearly is not. In the Garcia case, the Supremes supported a lower-court order to “facilitate” Garcia’s release, leaving the details to the executive branch. (That’s appropriate if the executive branch is acting in good faith, because the executive is presumed to be better equipped to deal with foreign governments.) In essence, it was offering Trump the opportunity to stop all this nonsense and start behaving like the kind of American president the Constitution envisions.

But of course he did not. The Trump administration interpreted “facilitate” in a ridiculously narrow way, and — surprise! — the details of Garcia’s release haven’t worked out. The government continues to give the lower-court judge a run-around as to what it is or is not doing to get Garcia back.

Sooner or later, Judge Xinis is going to tire of this and order the administration to present Garcia in his court on a particular date. That order will also get appealed up to the Supreme Court, which will then have to decide whether it is ready to confront Trump or surrender to him. If it isn’t ready to surrender, then Trump will have to decide whether he recognizes the authority of the Court. If he doesn’t, that’s the crisis point.

I don’t think anyone knows whether we’ll get there, or what will happen then. Trump himself may not know, and the answer may turn on how popular Trump is at the time, how the economy is going, how vigorously Republicans in Congress are standing up for him, how well organized anti-Trump protesters are, and a lot of other factors that have nothing to do with the case at hand.

It’s worth noting that so far the Trump administration is not acting as if it had thrown off the burden of judicial oversight. For example, on Friday the Supreme Court extended its previous ban on deporting any more people under the authority of the Alien Enemies Act until the administration’s invocation of the AEA’s wartime powers can be fully adjudicated. As best we can tell, the administration is obeying the order.

At least for now.

As we approach our crisis of democracy, we’re in better shape than I expected

During my two weeks off, I drove cross-country and saw a lot of my old friends plus a few like-minded relatives. I was struck by how depressed so many of them are with the current political situation. Again and again, I had to be the voice of optimism in the room. For the sake of depressed Sift readers I didn’t see during my travels, maybe I should explain why.

Partly, I feel optimistic because I got my pessimism out of the way early. After Trump’s inauguration, I think a lot of people were expecting a second Trump administration a lot like the first. We got through that, they thought, so we’ll probably get through this too.

I was much more negative. Everything and everybody who had restrained Trump’s worst impulses during his first administration was gone now, so it seemed obvious he would make a play to become a dictator. It was also clear how that would play out: He would keep pushing until either Congress or the Supreme Court tried to stop him. Then there would be a crisis and we’d see who won.

We seem to be reaching that crisis point now, as the Supreme Court is going to have to decide whether to call Trump out on his flouting of their Abrego Garcia ruling. (To be clear, the administration is denying that it’s ignoring the Court’s order, but it’s interpreting that order in an absurd way that makes it meaningless.) So now we see whether the Court has the courage to stand up to Trump, whether Trump will decide that the Court has no power over him, and whether (if he does) Congress will just stand by and let him do it.

In addition, courts up-and-down the line have been restraining Trump’s illegal actions. And surprisingly often, Trump officials are obeying. Rümeysa Öztürk, the Turkish Tufts student masked DHS agents snatched off the streets, is now free on bail and walking the streets of Somerville rather than rotting in a Louisiana detention camp. She seems likely to prevail in her attempts to complete her degree in the US. Another detained student, Mohsen Mahdawi, is also free.

This is the point we have been headed towards ever since Trump was elected last November. What I feel good about is that we’re hitting this point in much better shape than I thought we would. For several reasons:

  • Trump is unpopular. Imagine if he had just taken credit for the good Biden economy rather than starting all this tariff nonsense. Imagine if Musk had focused on actual government waste and could point to real accomplishments.
  • He has visibly declined. Falling asleep at Pope Francis’ funeral (while wearing an inappropriate blue suit) is just the most obvious example. (Imagine if Biden had done that.) And while he’s always had moments of incoherence, it’s now unusual when he appears coherent.
  • The administration has multiple competing factions. You can see this in the persistent leaks saying Trump as about to reverse his position on something. That’s an internal faction trying to nudge him to reverse a position backed by a different faction.
  • His promises are failing. Trump has always been good at declaring victory and making his followers believe him. But he made some very definite promises that are obviously not being fulfilled: Prices did not start dropping “on Day 1”. He didn’t solve the Ukraine War in 24 hours. And so on.
  • Popular opposition is rising. Early in the administration, I kept hearing anti-Trump people express their sense of isolation. No more.
  • Congress is wavering. You can see this in the floundering negotiations over the FY 2026 budget. More and more Republican congresspeople are realizing that they can’t get reelected on Trump’s endorsement alone.

All these factors add up to give the Supreme Court a little more spine, and to make Trump and his minions waver about open defiance. If Trump were riding high in the polls, at the peak of his powers, leading a united administration, facing little public protest, and backed by a solid Republican majority in Congress, standing up to him would be far more difficult, even for somebody like John Roberts who has an independent constitutional mandate.

That’s not to say that everything is going to go smoothly. There still might be rough waters ahead, and a Trump dictatorship is not impossible. But trends are going our way, and we’re in better shape than we were on Inauguration Day.

Reclaiming the Spirit of ’75

In its 250th year, New England’s revolutionary history has become relevant again.


Here in Massachusetts, April is the month of patriotism, centering on the April 19 anniversary of the battles of Lexington and Concord.

I live in Bedford, a town that sits between Lexington and Concord, and so has an understandable sense of inferiority (though Bedford’s Minutemen joined several other nearby community militias in mustering to defend Concord Bridge). Longfellow never wrote a poem about us, but we do have our own April revolutionary celebration: Pole Capping Day, on which people dress in colonial-era costumes, Minutemen march and fire muskets, and speeches are given. The center of the ritual is the erection of a pole, which some agile person climbs and adorns with a liberty cap, symbolizing Bedford’s rebellion against King George and the English monarchy.

Saturday, hundreds of people braved drizzle and sleet to celebrate. This year’s pole capping had an extra flavor, as autocratic rule no longer seems like a historical curiosity. For some while, townspeople have been decorating their yards with ambiguously historical/political signs: “No King”, “Resisting Tyranny Since 1775”, and so on. If anyone objects to these “partisan” messages, they have so far stayed quiet for fear of confessing their pro-dictatorial aspirations.

My church’s retired minister John Gibbons is the chaplain of the local Minuteman corps, and annually officiates in his colonial-parson costume. This year’s homily was cribbed from the Declaration of Independence, but seemed like a denunciation of the Trump administration’s current deeds and near-term ambitions. Consider these accusations against King George:

He has excited domestic insurrections amongst us.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences

Back in 2009, conservatives (and various other people upset to find themselves living in a country with a Black president) misappropriated New England’s revolutionary tradition and called themselves the Tea Party. As I pointed out in 2014, in one of the Sift’s most viral posts, they were actually a Confederate party, and drew much more from John Calhoun than John Adams.

Over the next 15 months, a lot of 250th anniversaries are going to roll around. I hope we use them to reclaim the true spirit of American patriotism from the fascist posers who so often usurp that legacy. Let us rededicate “our Lives, our Fortunes and our sacred Honor” to the cause of the inalienable rights of all people, and resist all attempts to impose one-man rule on these hallowed shores.

Is this a turning point?

The scenario where American democracy survives Trump got a little more credible this week.


Consider the events of this week, all of which will be described in more detail in the weekly summary I’ll post later this morning:

It’s tricky to evaluate the significance of all this. If you look at it all pessimistically, Booker’s speech was a stunt that produced no direct congressional action, off-year elections are notoriously bad predictors of subsequent elections, Trump has announced and withdrawn tariff plans before that whipsawed the markets, and massive protests in his first term seemed to have little consequence. A month or two from now, none of this may look all that important.

But.

Six weeks ago, I posted “How Things Stand“, a summary of how Trump was threatening American democracy and where things might go from there.

So now we’ve seen Trump’s opening moves: a blizzard of executive orders claiming unprecedented powers that can be found nowhere in the Constitution. That was all predictable.

What wasn’t predictable, and is still unknown, is how the other American power centers would respond. I’m talking about Congress, the courts, the state governments, and the People. That’s all still very hard to predict, because each of those power centers will influence the behavior of the others.

It’s important for us to be neither complacent about all this nor resigned to our fate.

I projected a scenario that avoided the establishment of a lasting Trump autocracy, emphasizing that it was just a scenario, not a prediction. My point was that a way out of this was still possible. The first steps were:

  • Trump continues losing popularity. He never had much, but his brand becomes politically toxic.
  • That lack of voter support makes support from congressional Republicans waver. They may not openly defy Trump, but the slim Republican majorities (especially in the House) lose their cohesion, making it impossible to pass legislation without at least some Democratic support.

I had hoped that the looming government shutdown of March 14 would be the time when congressional support would waver, and that Republicans wouldn’t be able to pass a continuing resolution without negotiating a deal with the Democrats. That didn’t happen. Mike Johnson was able to hold his small majority together to pass the CR on a nearly party-line vote. Then Chuck Schumer folded in the Senate (for reasons I found plausible but not necessarily convincing), ending the threat of a Democratic filibuster. So the government is funded through September.

However, the events of this week show that we’re still on the path I laid out. Again, I’m not saying that success is certain, just that there is still a way out of this through political processes, without widespread riots or civil war.

There is no legal or political mechanism that directly links public opinion, market crashes, or elections for relatively minor offices to the kinds of legal or congressional action that will halt the Trump/Musk coup or lead to the restoration of American democracy. However, autocratic movements rely on a sense of inevitability and self-confidence, with each usurpation of power emboldening its leaders and foot-soldiers to dare the next one. Autocrats depend on a sense of public helplessness that demoralizes opposition and makes each successive victim feel alone and unsupported.

The narrative of Trump’s inevitability and his opposition’s powerlessness ran aground this week. He remains in office and retains his grip on the levers of executive power. But his true supporters have never been more than about 1/3 of the American public, and many in Congress, the courts, the media, the business community, and elsewhere have lined up behind him more from intimidation or a lack of attractive alternatives than real conviction.

The momentum that has swept Trump forward can turn, with each act of opposition emboldening the next. All along, there has been a scenario in which his seizure of unconstitutional power fails. That scenario is still intact, and is more credible today than it was a week ago.

The Hands Off march in Portland, Oregon Saturday.

Politics in the Attention Economy

What happens to democracy when directing and misdirecting public attention becomes more important than convincing voters to agree with you?


Chris Hayes’ recent book The Sirens’ Call is worth reading in its entirety, but there is one particular aspect of it that I want to highlight. Once you’ve had this thought, it’s perfectly obvious, but I’ve never seen it spelled out so clearly before: Getting attention and holding attention are two very different problems. Getting attention is easy; holding attention is hard.

If you’re in a roomful of people and you want to get their attention, you have a lot of options: Drop something breakable, start yelling obscenities, run through the room naked or covered in blood, fire a gun in the air. The possibilities are endless.

But now imagine that you want to hold people’s attention long enough to explain something to them or convince them of something. That’s much harder. If the waiter who just dropped a tray of glasses starts trying to tell you about the dangers of climate change or rising government debt, you’re probably going to tune him out pretty quickly.

Traditionally, politics has been all about holding people’s attention long enough to change their minds about something or motivate them to do something. Politically active people might want to convince you that abortion is wrong or gays are people too or the rich have too much money or government regulations stifle economic growth, just to name a few possibilities. Yes, they need to get your attention. But more than that, they need to hold your attention long enough to present their case, maybe even long enough to overcome your initial resistance.

Hayes flashes back to something that seems unimaginable now: the Lincoln-Douglas debates. Back in 1858, people in Illinois more or less agreed that the biggest issue the nation faced was slavery and what to do about it. So that year’s two Senate candidates, Abraham Lincoln and Stephen Douglas, toured the state together, debating the slavery issue for three hours at a time. (My home town, Quincy, hosted one of the debates.) That format gave each man a chance to explain some fairly complex and subtle ideas.

Admittedly, that’s unusual. For well over a century, most American politics has revolved around slogans: “Equal pay for equal work”, “No third term”, “Remember the Maine”, and many others. A slogan boils a political message down to its absolute minimum. You still have to hold attention, but you don’t have to hold it very long. Sometime a slogan is just a placeholder that your supporters will flesh out later; it makes people curious to find out what the slogan means. In 2024, “Make America great again” and “Democracy is on the ballot” were both like that. If you didn’t have at least a little background, both were so vague as to be meaningless.

But Hayes describes a way of managing attention that skips the difficult hold-attention step completely. It has been pioneered by the social-media platforms and has now been adapted to politics: If you want to keep somebody on your platform for hours at a time, you don’t need to produce an epic like Lord of the Rings or Lawrence of Arabia — content capable of holding a person’s attention that long. Instead, you just grab somebody’s attention, then grab it again, and grab it again. Keep doing that for hours. That’s the secret of the infinite scroll. Hardly anybody sits down thinking they’re going to devote the next two hours to TikTok or Facebook. They just look up and realize they’re late for something.

Now apply that idea to politics. What if I’m not trying to explain anything at all, even at the slogan level? What if I’m just trying to grab your attention in a particular way and prevent my opponent from grabbing it some other way?

This is something the Trump campaign seemed to understand much better than the Harris campaign. If a voter went into the voting booth thinking about inflation, immigration, or trans athletes, probably that vote would go to Trump. But a voter thinking about democracy, climate change, racism, or healthcare probably would probably choose Harris. It almost didn’t matter what a voter thought about any of those issues. Just direct their attention and you command their vote.

That was the method behind the madness of the Trump campaign. As far back as 2015, Trump has been saying things that were supposed to be political suicide. When he said that immigrants were “animals” or spouted “facts” about them that were obviously false, it didn’t matter if he looked like an ignorant asshole, because he made you think about immigration. If he grossly overstated the price of bacon and was proven wrong the next day, so what? He made you think about inflation — and the debunking article the next morning made you think about it again.

Harris could never catch up. I kept reading columns by pundits frustrated that Harris didn’t just say X — and those columns frustrated me, because I knew that Harris DID say X, but nobody paid attention.

The big thing I got wrong about the election was that I expected voters to get serious at the end of the campaign; low-interest and low-information voters who had been checked out all summer would check back in long enough to decide who to vote for. It never happened. Right up to the last day, Trump dominated the news cycle with his look-here, look-there, look-at-this-other-thing tactics. He had no message to speak of, just the idea that things were bad and he would somehow make them better.

What we’ve been seeing these last two months is the new attention-politics as a governing strategy. In traditional politics, an incoming administration tried to focus on a few simple themes, with the idea of raising enough public support to push one or two big ideas through Congress. So George W. Bush came in promoting his tax cut. Barack Obama was focused on his stimulus plan and then healthcare. (I remember the frustration many environmentalists felt when a carbon tax and other items from a climate-change agenda were sidelined so as not to interfere with the healthcare push.)

Trump hasn’t been doing anything like that. Instead, he’s doing a million things at once, including many that circumvent Congress in a way that is flatly illegal. By ignoring Congress and relying on executive actions, he avoids the need to marshal public opinion. Quite the reverse: It’s the opposition that needs to marshal public opinion to stop him. And that’s difficult, because what opposition leader or opposition agenda can get attention when Trump grabs all the attention in the room with a new outrage every day? (Invade Greenland! Annex Canada! Brief Musk about China war plans! Defy court orders! Fire the people who keep track of nuclear weapons! Turn Gaza into a seaside resort!)

I’m frankly unsure what I ought to be rooting for. Eventually, assuming Trump doesn’t establish his own version of the Thousand-Year Reich, some Democrat will figure out how to master the new attention politics and become president. But how good is that outcome really? The new politics lends itself to autocracy. Probably a Democratic autocrat would do more things I like than Trump is doing. But I’m not sure what would take us back in the direction of democracy.

Rights, Privileges, and Mahmoud Khalil

Can a legal permanent resident be deported for expressing views the President disagrees with?


A long-standing debate runs through American history: Does the Bill of Rights enumerate human rights, i.e., something that anyone can claim by virtue of being human, or privileges of citizenship that our government can ignore when it deals with non-citizens?

The Declaration of Independence uses theistic language to promote a human-rights view: Human beings (or at least “all men”) have been “endowed” with rights “by their Creator”. To say that a man lacks rights is tantamount to claiming that he was not created by God. But in the Dred Scott decision of 1857, the Supreme Court took the opposite view: Rights derive from the social contract embodied in the Constitution. Africans residing in the United States, the Court held, were not party to that contract, and thus they “had no rights which the white man was bound to respect”.

Dred Scott has long been in the dustbin of history, and is widely viewed as one of the Court’s worst decisions. Currently binding Supreme Court precedents take an in-between view that leans towards human rights. Basically, the Court interprets the Constitution and the laws to mean exactly what they say: If lawmakers had intended a provision to apply only to citizens, they would have used the word “citizen” rather than some more general term like “person”. For example, the 14th Amendment uses both words:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

So there are privileges that apply only to citizens (the right to vote, for example), but due process and equal protection are not among them.

The Trump administration shows every sign of wanting to move that line. Just how far it wants to go is not clear. But the first case in point is Mahmoud Khalil.

Who is Mahmoud Khalil? Two weeks ago, Khalil (an Algerian citizen born in a Palestinian refugee camp in Syria) had the next layer of privileges short of American citizenship: He came here originally on a student visa, but became a legal permanent resident, a “green card holder”. He is married to an American citizen, who is eight months pregnant. If nothing goes wrong, in another month he’ll be the father of an American citizen.

He is also a pro-Palestine activist. Last spring, he participated in demonstrations at Columbia University, where he was a student at the time. (He has since finished his degree.) Wikipedia describes his views like this:

Following the start of the Gaza war in 2023, Khalil became involved in pro-Palestinian activism. He served as a negotiator for students associated with Columbia University Apartheid Divest (CUAD) when they were bargaining with Columbia University officials. In a 2024 interview, Khalil said, “As a Palestinian student, I believe that the liberation of the Palestinian people and the Jewish people are intertwined and go hand by hand, and you cannot achieve one without the other.” He characterized the movement as one “for social justice and freedom and equality for everyone”. Of concerns about antisemitism, Khalil said, “There is, of course, no place for antisemitism. What we are witnessing is anti-Palestinian sentiment that’s taking different forms, and antisemitism, Islamophobia, racism [are] some of these forms.”

The Trump administration describes him differently, claiming that he “led activities aligned to Hamas” and “engaged in pro-terrorist, anti-Semitic, anti-American activity“. But it has produced no specifics to back those claims up, and the language itself is slippery. What does it mean that an activity is “aligned with Hamas”? Aligned in whose view? Similarly, unless Khalil himself endorsed terrorism or attacked Jews or America in so many words — and if he had, I’d expect his critics to have produced specific quotes — “pro-terrorist, anti-Semitic, anti-American” is an opinion, not a fact.

Khalil’s arrest. A week ago yesterday, agents from the Homeland Security department arrested Khalil at his home in New York. Khalil’s wife Noor Abdalla recorded the event on her phone while simultaneously talking to Khalil’s lawyer on his phone. It isn’t exactly a classic police-state arrest — Khalil is not roughed up, for example — but it still has a lot of disturbing aspects. When Khalil’s wife asks for the names of the arresting agents, she is told “We don’t give our names.” They also refuse to say which agency they represent. All they’re willing to tell her is where Khalil is being taken: Immigration Custody at 26 Federal Plaza. They refuse to talk to Khalil’s lawyer, who is on the phone. “They’re literally running away from me,” Noor reports to the lawyer.

When Noor tried to visit Khalil at a detention center in New Jersey, she was told he was no longer there. It took some time for his lawyer to determine that Khalil had been moved to a facility in Louisiana, where at first he was not allowed to consult privately with lawyers. An immigration hearing to have him deported was scheduled for March 27.

Last Monday, a federal judge in New York ordered that Khalil not be removed from the US until a hearing in his court can determine whether deporting him violates constitutional rights.

The Just Security blog analyzes the legalities: No one in the executive branch can unilaterally revoke a green card.

To obtain authority to deport a green card holder, the government must charge (or accuse, as this is not a criminal matter) them with a condition under the immigration laws that in some way makes them “deportable.” “Deportable” is a term of art under the immigration laws. It refers to conduct defined in a set of provisions—most though not all involving criminal activity—codified at 8 U.S.C. 1227(a).

To prove that an [legal permanent resident] is deportable, the government must convene a “removal hearing” before an immigration judge. At that hearing, government attorneys must prove deportability by “clear and convincing” evidence.

Notably, the Trump administration has not accused Khalil of committing crimes, or of committing fraud in his green-card application (another deportability condition). Instead, it points to a condition that has never been used in this way before:

the government has invoked a rarely used “foreign policy” ground of deportation. That provision, located in section 237(a)(4)(C) of the Immigration and Nationality Act, makes deportable any “alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States” (emphasis added).

The statute contains a (freedom of speech and association) safe harbor, incorporated by reference to the inadmissibility provisions, prohibiting deportation “because of the alien’s past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States,” but then contains an exception for the safe harbor: “unless the Secretary of State personally determines that the alien’s [presence] would compromise a compelling United States foreign policy interest” (emphasis added).

It’s worth pointing out that much of what the administration claims about Khalil (even if true) consists of “beliefs, statements, or associations would be lawful within the United States”. The First Amendment would protect an American saying “I support what Hamas did on October 7”, even if most other Americans would find that statement reprehensible. (Again, Khalil seems not to have said anything like that.)

The foreign-policy justification is pretty obviously absurd: Khalil is up for deportation because Trump promised to deport pro-Palestinian campus demonstrators. There is no “compelling US foreign policy interest” involved. What the administration will probably argue, though, is that identifying US foreign policy interests is a judgment call that belongs to the executive branch, not the judiciary.

The case, then, will turn on whether an immigration judge feels empowered to use common sense, which says that the foreign policy interest here is a pretext, not a reason.

Protests. The administration has pledged that a Khalil deportation will be “the first of many“, and has already arrested a second Columbia protester. A third has returned to India after having her student visa revoked.

Protests calling for Khalil’s release were held in several cities this weekend. The most striking was organized by Jewish Voice for Peace. Thursday, over 100 demonstrators were arrested for occupying Trump Tower in New York.

It would be a mistake to conclude from this that American Jews in general support Khalil. (A pro-Israel group is apparently fingering pro-Palestinian protesters for deportation.) But the administration’s usurpation of the fight against “antisemitism” as an excuse for curtailing freedom of speech is making a number of American Jews uneasy. Whatever pretext they claim for curtailing human rights, authoritarian governments have a way of using their powers against Jews eventually. Elon Musk’s antisemitism, as well as Trump’s and Vance’s embrace of the antisemitic Alliance for Germany party, undermines the administration’s claims to be fighting antisemitism.

In truth, the administration seems to be fighting freedom of speech, not antisemitism. The Khalil case shows the lengths it will go in order to find legal pretexts to punish people it disagrees with. That should worry all of us, no matter what we think about Palestine or Israel.

How Things Stand

The struggle to preserve American democracy is still undecided.
Neither despair nor complacency is warranted.


I keep having the same conversation with my friends, who are anxious and/or depressed about the Trump/Musk attempt to establish an autocracy, and wonder how I stay so sanguine. There are three reasons, one of which is personal and won’t help anybody else. But the other two might.

The personal reason is that my wife died in December. So from my point of view, nothing worse is going to happen anytime soon. I realize that’s a very self-centered point of view, but it is what it is.

The other two reasons, though, are generalizable and linked:

  • Nothing about the current struggle should be all that surprising.
  • The events that will tell us how it plays out haven’t happened yet.

I didn’t read all 900+ pages of Project 2025, but I did see enough of it to realize that the first few months of a second Trump administration would constitute an all-out assault on American democracy. I can’t claim that I foresaw the details of the current mess — Elon’s role in particular surprised me — but the general outline was all there. And I know Trump denied Project 2025 was his plan, but nobody should have taken that denial seriously.

So now we’ve seen Trump’s opening moves: a blizzard of executive orders claiming unprecedented powers that can be found nowhere in the Constitution. That was all predictable.

What wasn’t predictable, and is still unknown, is how the other American power centers would respond. I’m talking about Congress, the courts, the state governments, and the People. That’s all still very hard to predict, because each of those power centers will influence the behavior of the others.

It’s important for us to be neither complacent about all this nor resigned to our fate. Things really are still up in the air. Let’s look at the possible resistance centers one by one.

The People. Let’s start with the People, who elected Trump in November with 49.8% of the vote — hardly the “mandate” he likes to claim. Historically, voters have rewarded election winners with a give-the-guy-a-chance response that pundits sometimes refer to this as a president’s “honeymoon”. So, for example, Barack Obama got 52.9% of the vote in the 2008 election, but his post-inauguration approval rating bounced up to 69% (the highest it ever got).

By contrast, Trump’s post-inauguration approval (as estimated by 538’s polling average) was almost identical to his vote total: 49.7%, with disapproval at 41.5% (indicating that some Americans who voted for Harris or someone else were now neutral. By contrast, Obama’s post-inaugural disapproval was a mere 13%.) Trump’s most recent split is still positive, 48.5%-47.0%, but just barely. Some recent polls have turned sharply negative, like Ipsos, which has gone from a post-inaugural 47%-41% to a recent 44%-51%.

Polls that focus more specifically on what Trump is doing look worse for him. A WaPo/Ipsos poll showed 57% of Americans believe that Trump has overstepped his authority. 54% disapprove of his management of the federal government. Elon Musk’s approval is 15 points underwater with 49% disapproving and only 34% approving.

Short version: As people see what Trump is doing, they’re turning against him. I expect this to continue as more and more Americans notice that Trump’s “temporary” actions aren’t temporary, and aren’t solving any of the problems he campaigned on. (Bought any eggs lately?) I anticipate worse polls for Trump and a lot more demonstrations like the one I participated in February 14 in Boston.

Congress. Republicans hold slim majorities in both houses, so Democratic responses are necessarily limited: Democrats on their own cannot pass legislation, hold hearings, or subpoena witnesses. They can make speeches and create photo ops, but that’s about it. And the press, knowing Democrats can’t do much, don’t pay much attention to them. (I often hear comments like “Why don’t the Democrats say or do X?” Chances are some of them have, but you didn’t hear about it.)

Initially, congressional Republicans have been loyal Trump supporters, including confirming obviously unqualified cabinet nominees like Pete Hegseth, RFK Jr., Kash Patel, and Tulsi Gabbard. (No Democrat voted for any of the four.) But Republicans can also read polls, and apparently constituents are burning up their phone lines, so some are beginning to get uneasy about cuts that affect their home districts.

But will they do anything to rein Trump in? The real test happens when the government runs out of money on March 14. It’s easy to be for or against things until somebody puts price tags on them and adds them all up. In order to get the bill he wants, Trump will need support from almost all of the Republicans in the House. If Democrats stay united and only two Republicans vote against a spending deal, it fails.

If that happens, that’s when congressional Democrats begin to have negotiating leverage.

State and local governments. Contrasting with decades of Republican rhetoric idealizing government close to the people and villainizing know-it-alls who meddle from distant Washington, Trump is trying to use federal power to overwhelm the states and cities.

The scandal over Trump’s deal to drop federal corruption charges against New York Mayor Eric Adams is all about Trump trying to make liberal cities dance to his tune, in spite of what their voters want. So is his attempt to cancel in New York City’s congestion pricing. Ditto for border czar Tom Homan’s threat to “bring Hell” to Boston after the Boston police commissioner said he would obey local laws that don’t give him the authority to enforce federal immigration laws. In a White House meeting with governors of both parties, Trump tried to bully Maine Governor Janet Mills into submitting to his executive order banning transwomen from women’s sports. “I’ll see you in court,” Mills replied.

All in all, Democratic officials at the state and local level are standing firm against federal usurpation. Democratic attorneys general are leading a number of the lawsuits against the Trump administration’s overreach. How well they succeed, though, largely depends on the courts.

The courts. Many of the things Trump is doing are illegal or unconstitutional. His attempt to undo birthright citizenship is a blatant contradiction of the 14th Amendment. His refusal to spend money already appropriated by Congress violates both the Constitution’s assignment of spending power to Congress and the Impoundment Act of 1974. He has no authority to disband agencies created by Congress, like USAID or the Consumer Financial Protection Bureau. His treatment of federal employees violates the laws establishing the civil service, as well as union contracts signed by previous administrations.

But laws do not enforce themselves if lawbreakers are determined to ignore them. Victims of the law-breaking have to go to court. Judges have to rule in accordance with the law in spite of executive pressure against them. Court orders can be appealed, so the process can take a long time.

So far, the lower courts are following the law and the Constitution, so Trump is losing most of the cases.

This is all leading up to two questions:

  • Will the Supreme Court invent new interpretations of our laws to back Trump up, essentially ending the rule of law as we have known it?
  • If the Court does rule against Trump, will he defy the Court’s orders?

In theory, Supreme Court decisions take place in an abstract world of law. In practice, though, public opinion will play an important role. If Trump’s excesses are popular, the Court will be more likely to jump on the fascist bandwagon. But if his poll numbers keep spiraling down the drain, the Court may not want to go down with him.

Similar considerations apply to the defiance option: If the public is solidly behind Trump and sees the Court as blocking him for no good reason, he will be more likely to ignore the Court’s orders. On the other hand, if the public is turning against him, the thought that even this Supreme Court thinks he’s wrong may increase the slide.

The first of the cases has already reached the Supreme Court, briefly, sort of. Hampton Dellinger was the head of the Office of the Special Counsel, and independent agency established by Congress to do things like protect whistleblowers in the government. He was appointed by President Biden and confirmed by the Senate to a five-year term. The statute establishing the position makes provision for the President to fire the special counsel “only for inefficiency, neglect of duty, or malfeasance.” But on February 7 Trump fired Dellinger without claiming any of those things. A district reinstated Dellinger temporarily, and the Trump administration appealed, losing 2-1 at the appellate level. From there they went to the Supreme Court.

The Court also declined to overturn the district court’s order, but it’s hard to read much into that decision, because essentially it is just giving time for the lower court to complete its work. The restraining order runs out Wednesday, when the district court has a hearing scheduled.

The issues here get to the heart of the separation of powers, because it’s hard to see how the OSC can do its job if the head of it can be fired on a presidential whim. Presidents typically dislike whistleblowers, so the OSC won’t be much of a protector if it has no independence from the President. If it finds for Trump, the Court will be saying that the goal the Congress had in mind can’t be achieved.

The good scenario. Obviously, Trump is going to do a lot of harm no matter what anybody else does. The USAID freeze is already killing people in Africa, and no one knows how much damage American medical research will suffer from having its funding stream interrupted or perhaps cut off altogether. A lot of the near-term impact of the research-funding freeze will depend on unpredictable events like whether some future mutation of bird flu enables human-to-human transmission. Trump’s almost vandal-like approach to Biden’s climate change initiatives is going to make it that much harder to deal with long-term challenges that already threaten catastrophe. In short, the voters made an enormous mistake in November, and that mistake will have consequences.

But in my mind those consequences pale compared to the establishment of a lasting autocracy in the United States — and that outcome is still avoidable. The scenario that avoids it goes like this:

  • Trump continues losing popularity. He never had much, but his brand becomes politically toxic.
  • That lack of voter support makes support from congressional Republicans waver. They may not openly defy Trump, but the slim Republican majorities (especially in the House) lose their cohesion, making it impossible to pass legislation without at least some Democratic support. The lack of legislative accomplishments feeds back into public opinion: Maybe Trump isn’t such a strong leader.
  • The Supreme Court, at least partly influenced by public opinion, refuses to invent new legal principles to justify Trump’s seizures of power.
  • The refusal of congressional Republicans and Trump’s own appointees on the Supreme Court to go along with his wishes feeds back into public opinion: If even his would-be minions can’t fully support him, maybe his critics are right.
  • Facing an extreme lack of public support as well as dissension in his own ranks, Trump reluctantly obeys court orders. Or, if he doesn’t, the military refuses orders to crack down on mass public protests.
  • Republicans get soundly defeated in the November, 2025 Virginia elections, sending Republican elected officials into a panic.
  • Democrats win back control of the House in 2026, putting them in a position to block future usurpations.
  • Trump is dissuaded from trying to hang onto power in 2028. The MAGA movement splinters into its component factions — tech bros, racists, burn-it-down nihilists, etc. — none of which is able to win the national election.

That scenario is far from a sure thing, but the way is still open. We’ll learn a lot from future polls, from how Congress handles the possible March 14 government shutdown, and from what the Supreme Court does as cases arrive on its doorstep.

How Do Things Change?

a tentative start to a historical investigation


Last week I argued that mere election tactics — a more attractive candidate, some new slogans, a better framing of the issues — will not be enough to overcome the MAGA movement in the long run. (We defeated them soundly in the elections of 2018 and 2020, but MAGA showed amazing resilience.) MAGA itself is not just an unfortunate convergence of political forces, it is a cultural movement of some depth. Defeating it will require a counter-movement.

The 2024 campaign showed that the counter-movement can’t just be a reversion to some prior status quo. My assessment of how the Harris campaign failed is that Trump managed to tag Harris as the candidate of the status quo and present himself as the candidate who will shake things up. [1]

Harris’ problem was that (as a whole) the status quo is not working for many Americans. I listed a number of ways that things are not working, but fundamentally they boil down to this: It gets harder and harder to plan for a successful life with any confidence that your plan will succeed. Far too many Americans feel that the system is stacked against them, and that simply trying harder is not the answer.

Rather than present any coherent program, Trump has responded to the public’s justified anxiety with scapegoating and nostalgia: Immigrants, foreigners, minorities, and people who rebel against their assigned gender roles are the problem, and we should look to the greatness of America’s past — now, apparently, the high tariffs of the 1890s — for our salvation. To the extent that he has a plan — like ignoring climate change and reverting to the fossil-fuel economy of the 20th century — it is likely to be counterproductive.

But “don’t do that” has turned out to be an unpersuasive message for the Democrats. It worked when Trump was in office, actively doing unpopular things. But as soon as he was defeated, nostalgia renewed its charms. To a large extent, Trump’s 2024 message was that electing him would make it 2019 again, and all the disruption of the Covid pandemic (including the parts he brought on himself) would be behind us.

But realizing that we need a deeper movement is not the same as having one, or even knowing what it would be or how it might come together.

With that question in mind, I’ve been looking at history. Despite recently being idealized as the new “again” in Make America Great Again, the late 1800s were a low point in American history, dominated by the robber barons of the Gilded Age. Industry after industry was reorganizing as a monopolistic trust with the power to maximally exploit both workers and consumers. It was a hard time both for urban factory workers and rural small farmers.

Somehow, things got better: Antitrust laws got passed. Governments began to regulate working conditions, product safety, and child labor. Standard Oil was broken up. Unions began to win a few battles. And the gap between rich and poor narrowed. The New Deal was unthinkable in 1880, but by the 1930s it was popular. This was a profound change in what David Graeber referred to as “political common sense“. How did it happen?

A friend recommended a place to start: The Populist Moment by Lawrence Goodwyn. The book was published in 1978, so to the extent that it says something about the present day, either about MAGA or how a democratic movement might oppose it, that message arises naturally from the history, and not from some pro- or anti-Trump bias of the author. [2]

What was Populism? These days, MAGA and similar neo-fascist movements in other countries are often described as “populist”, but the version in the late 1800s was quite different. There is a surface similarity — in each case, large numbers of working class people found themselves resisting their era’s educated consensus — but from there things diverge fairly quickly.

In the 19th century, farming was still the largest American occupation, employing over half the labor force as late as 1880. But the system was stacked against small farmers in two ways: First, farmers with no capital beyond their land found themselves at the mercy of “furnishing merchants”, who would lend money for them to plant a crop (and survive through the growing season) in exchange for a contract on the harvest. Once he had contracted with a furnishing merchant, the farmer was stuck with that merchant, and would typically end up both paying high prices for his supplies and receiving a low price for his crop. [3]

But second, that long-term situation was made much worse by post-Civil-War monetary policy. The Civil War had been financed in part by printing paper currency, known as “greenbacks“. That had caused inflation during the war, and the prevailing economic wisdom of the time was that the dollar needed to be made “sound” again. In other words, the greenbacks had to be withdrawn from circulation, so that all US money could be redeemable for gold again. (Greenbacks became fully convertible to gold in 1878.)

In modern terms, the government’s policy was to shrink the money supply. If expanding the money supply had caused inflation, shrinking it could be counted on to achieve deflation; i.e., prices would come back down.

if you think like a consumer, deflation sound great. (Just last fall, that’s what Trump was promising his voters: “Prices will come down. You just watch: They’ll come down, and they’ll come down fast.”) But now imagine being a farmer who is counting on selling his wheat or cotton at the end of the season: You bought and borrowed when prices were high, and now you have to sell when prices are lower. The result was that large numbers of farmers were failing to clear their debts. Every year, many would lose their land and wind up as sharecroppers or worse.

The conventional wisdom of the time was that, sure, times were hard. But the “sound dollar” had to be restored, so farmers would just have to become more efficient. If some had to go broke in the process, well, that’s capitalism for you. Creative destruction and all that.

At some point, though, farmers began to realize that this wasn’t a story of individual failure, but of a badly structured system. And some postulated a solution: Farmers could cooperate rather than compete. They could form “farmer alliances” to pool their resources, negotiate for common supplies, and market their crops collectively.

Through the 1870s and 1880s, farmer alliances played a game of escalating pressure with the merchants and banks. Initial co-op successes would lead to new merchant strategies to freeze the co-ops out of the market, resulting in some larger co-op plan. The ultimate trump card was played by the system’s last line of defense, the bankers: Banks would take mortgages on individual farms (the old model), but they would loan nothing to a co-op backed by the land of its members.

Watching the more prosperous classes act in concert to thwart their plans radicalized the farmers and made them turn to politics. They created the People’s Party, whose presidential candidate carried four western states in the 1892 election. The party was organized around a platform, some of which was achieved decades later, but much of which might still be considered radical today. It wanted a revision of the banking system that would orient it toward the interests of “the producing classes” rather than “the money trust”. It wanted a flexible money supply (which we have today) rather than a gold standard. And it wanted government ownership of the railroads and other essential utilities that could be manipulated against working people by monopolies and trusts.

Ultimately, the People’s Party supported the Democratic candidate, William Jennings Bryan, in 1896, and then faded into insignificance.

So Populism was a failure in the sense that it never achieved power. But David Graeber once said that “one of the chief aims of revolutionary activity is to transform political common sense”. By that standard, Populism was more successful. [4]

Partisanship. The People’s Party ran into partisan loyalties that were left over from the Civil War and generally had more to do with identity than with life experience. If you were a White Southern Protestant or a Northern urban Catholic, then you were a Democrat. But if you were a Northern Protestant or a Southern Negro, you were Republican. Those loyalties were hard to break, and each party charged that the Populists were really agents of the other party. “Patriotism” meant faithfulness to the team your people played on during the War.

How movements happen. Goodwyn has a lot to say about this, and argues against the view that protest movements arise naturally during “hard times”. History, he says, does not support this.

“The masses” do not rebel in instinctive response to hard times and exploitation because they have been culturally organized by their societies not to rebel. They have, instead, been instructed in deference.

He points to parallel ways this worked in his own day on both sides of the Iron Curtain. (This is 1978, remember.)

The retreat of the Russian populace represents a simple acknowledgment of ruthless state power. Deference is an essential ingredient of personal survival. In America, on the other hand, mass resignation represents a public manifestation of a private loss, a decline in what people think they have a political right to aspire to — in essence, a decline of individual political self-respect on the part of millions of people.

He then asks the billion-dollar question:

How does mass protest happen at all then?

Which he then proceeds to answer: There are four stages:

  • forming: the creation of an autonomous institution where new interpretations can materialize that run counter to those of prevailing authority
  • recruiting: the creation of a tactical means to attract masses of people
  • educating: the achievement of a heretofore culturally unsanctioned level of social analysis
  • politicizing: the creation of an institutional means whereby the new ideas, shared now by the rank and file of the mass movement, can be expressed in an autonomous political way.

And he notes that “Imposing cultural roadblocks stand in the way of a democratic movement at every stage of this sequential project.”

For the populist movement, the first stage was the creation of farmers’ alliances. After years of experimenting, the farmers alliances came up with a mass recruitment model: large-scale cooperatives that farmers could join in hopes of getting cheaper supplies, better crop prices, and various other benefits. Then the co-ops themselves became educating institutions that taught farmers how the monetary system tilted the playing field against them, and how an alternative system might work. And finally the People’s Party itself provided an electoral outlet.

How well the People’s Party did in various states corresponded to how well the previous stages had taken hold.

In the 20th century, labor unions played a similar role to the co-ops: Masses of workers would join a union in hope of getting better pay and improved working conditions. And the union would then educate them in the issues relevant to their situation. [5]

MAGA. It’s worth considering how Goodwyn’s model applies to MAGA. You wouldn’t expect it to fit perfectly, because fundamentally MAGA isn’t a democratic movement. There has always been big money behind it, and the grassroots aspects, while genuine in some sense, also include quite a bit of astroturf. [6]

However, there are a number of parallels. The initial hurdle MAGA faced was getting its working-class foot-soldiers to believe in themselves rather than be intimidated by experts like economists, climate scientists, and medical researchers. The internet has undoubtedly made this easier, but the validation of “doing your own research” was also key.

And what was the recruiting institution that could attract masses of people and educate them in the new way of looking at the world? Evangelical churches. People came to them for the variety of reasons that always attract people to churches, and usually not for political indoctrination. But once there, they could be taught that elite scientists (like those promoting anti-Genesis ideas of evolution) were agents of the Devil. Their sense of grievance could be raised and sharpened, and the whole idea of a fact-based or reason-based worldview could be undermined. You might join because you enjoyed singing in the choir, but after a few years you were ready to believe that DEI was an anti-White conspiracy, or that economic malaise was God’s punishment for tolerating gay marriage and trans rights. You were ready to march for Trump.

Counter-movement. The lack of an obvious recruiting-and-educating institution is an obvious hole in the formation of an anti-MAGA counter-movement. Conservatives seem well aware of possible avenues — like the universities, a revitalized union movement, or even charitable activities like refugee resettlement or soup kitchens — and are committed to shutting them down.

Conversely, this is why a number of left-leaning voices (Perry Bacon, for one) are encouraging their listeners to connect with institutions where they can meet with like-minded folks.

I find the historical pattern evocative, even if I can’t immediately see how to implement it: The recruiting-and-educating institutions offer a very simple practical advantage: higher wages, say, or better crop prices. But by engaging in the institution’s core activity, people begin to see the oppressive forces arrayed against them, and begin to radicalize.


[1] And indeed, he is shaking things up. In my opinion, however, the parts of the status quo he is attacking are the best parts: the rule of law, the separation of powers, and the independence of federal institutions like the Department of Justice and the military, just to name a few.

Trump’s attacks on what he calls “the Deep State” are telling. If you know any federal employees, you probably understand that there is a Deep State, but it’s not the monster Trump paints it as.

The Deep State consists of federal workers who are more committed to the mission of their agencies than they are to the current administration. So career EPA officials will resist a president who wants to harm the environment, career prosecutors will drag their feet about harassing the current administration’s political enemies, career public health officials will do their best to support best practices against pressure from above, and so on. To the extent that the agencies are well set up and well motivated, their employees’ loyalty to the agency mission is a good thing, not a bad thing.

[2] Populism is literally just a place to start. I’m going to be delving into other aspects of the 1870-1941 period in future posts.

[3] Something similar happened to miners and factory workers who were paid in vouchers that could only be redeemed at company-approved merchants, who used that monopoly power to drive workers ever deeper into debt. As 16 tons puts it “I owe my soul to the company store.”

[4] Another movement that benefits from Graeber’s political-common-sense standard is the French Revolution. It is frequently judged a failure (especially by comparison to the American Revolution) because it didn’t achieve a lasting Republic, but instead devolved into the Reign of Terror and the dictatorship of Napoleon. However, the French Revolution changed political history. Before the revolution, absolute monarchy was still seen as a valid and plausible form of government. Afterwards, it wasn’t. The Czars of Russia might hang on for another century or so, but the writing was on the wall.

[5] It is unfortunate that farmers alliances and labor unions didn’t peak at the same time. Combined, they might have achieved significant political power.

[6] MAGA precursors, like the John Birch Society and the Tea Party, always had wealthy donors. You can see the pattern in present-day groups like Moms for Liberty. While there are indeed concerned moms in Moms For Liberty, the group’s expansion has been greased by professional consulting and seed money from wealthy establishment groups like the Heritage Foundation.

Campaign or Movement?

Does the Trump resistance need a rival candidate, or a cultural turnaround?


This week, two very different articles caught my eye. In one, The Washington Post ranked “The 12 Democrats who make the most sense for 2028“, starting with Tim Walz at #12 and concluding with Josh Shapiro at #1. In the other, Rolling Stone picked “The 100 Best Protest Songs of All Time“, reminding us of moments when history was moved not so much by politicians as by songs (or perhaps, going further back, by novels like Uncle Tom’s Cabin or pamphlets like Common Sense).

Three years out from the 2028 campaign — assuming elections are still meaningful in three years — should we be uniting behind a candidate or promoting a broader cultural movement?

Maybe it’s the people I hang around with, but the anxieties of my friends keep manifesting in two opposite ways: Many are just refusing to watch the news at all. And the others are obsessed with campaign-and-candidate analysis: What states do Democrats need to flip? What demographic groups might be persuadable? What policy positions should our messaging emphasize? And most of all: Who can lead us to that promised land?

I’ve been pretty useless in those conversations, because (while I am watching the news) anything about candidates and strategy leaves me cold right now. I think they play into an unhealthy framing: politics as game. We lost the last game, so how are we going to win the next one?

What I think we need to reestablish in America is that politics is about something, and the things it is about are important. Our politics should be about the People banding together to make systems work for us rather than grind us into the dust.

And that’s what the list of protest songs symbolizes for me. Not candidates and campaigns, but ending wars, establishing justice, and liberating people from oppression.

What MAGA does. MAGA, of course, is both a candidate and movement. It’s a cult of personality, full of images of Trump as a superhero or God’s chosen one. But it’s also a culture of grievance revolving around the message that favored groups in America — Whites, men, Christians, etc. — are actually victims of some vast Satanic force. And America itself — the richest most powerful country on Earth — is the most aggrieved nation of all, battling a world system that is unfairly stacked against it.

In 2024, Trump often played the role of a typical American presidential candidate: He raised money, held rallies, won primaries, made TV commercials, and toured swing states. But it was the MAGA cultural movement that lifted him out of situations that would have doomed any previous candidate. Elected Republicans were ready to be done with Trump after the 2020 loss and his failed coup on January 6. But the movement would not hear of it, and party “leaders” were forced to come around.

If we could unstring the MAGA movement by winning an election, 2020 would have done it. But instead, being rejected by the voters was just one more grievance to add to its list. Getting past the MAGA moment in our politics will have to involve a change in the larger culture, not just a winning campaign.

What happened in 2024? Everyone has their own theory about what went wrong in 2024, and just about any of them can be justified if you slice and dice the exit polls with that conclusion in mind. Harris should have run further to the left or the center, said more or less about the economy, defended trans youth or thrown them under the bus, defended Biden better or denounced him. Maybe she should have picked a different VP, or maybe Harris herself was the problem and we should have run a White man. Maybe Biden should have gotten out of the way sooner. On and on.

But OK, I get it. Without some reasonable explanation, people begin to think that the currents of History are against us, or the Universe is, or God. Without a plan (or even a fantasy) of what we might do next, despair can seem overwhelming.

So let’s briefly talk the language of analysis. After considering the various theories, I’ve come down here: Trump won because he managed to cast himself as the candidate of change and Harris as the candidate of the status quo. The problematic part of Trump’s candidacy, which Harris tried to point out but never made stick in the minds of low-information voters, is that Trump was specifically running against the best parts of the status quo: the rule of law, the separation of powers, democratic process, and even the existence of Truth itself. What we’re seeing in the early days of the Trump administration is that he has no program for change beyond aggrandizing himself: His supporters are good and should be rewarded; his detractors are bad and should be punished.

But try as he might, it will be hard for Trump to avoid responsibility for the status quo going forward. So in my mind, the fundamental question for Democrats to answer in 2026 and 2028 is: What’s wrong with the status quo?

That was a hard question for Democrats to message in 2024, because the Biden/Harris administration really did have accomplishments it deserved credit for (but never got). It managed the post-Covid economic rebound well, resulting in spectacular job creation with inflation no worse than the rest of the world. It made investments for the future, ended the long fruitless war in Afghanistan, and began taking action against climate change. Biden left office with excellent economic statistics: GDP rising, unemployment low and steady, inflation under control.

But claiming credit for all that sounds a lot like claiming responsibility for the status quo, and arguing that it’s not so bad. (And it honestly wasn’t as bad as Trump kept making it sound. There never was an immigrant crime wave, for example. Or a crime wave of any kind.)

So let’s start here: What’s not to like about the status quo? Plenty, as it turns out. Put aside the statistics, and consider how life looks to a large number of Americans.

  • It’s hard to get out of college without a lot of debt.
  • Once you get out, it’s hard to get a career started.
  • If you do get a career started, it’s hard to find a house you can afford in a town with good schools.
  • If you’re not in a town with good schools, it’s hard to pay for private schools for your children.
  • If your children have any special problems — physical handicaps, learning disabilities, neuro-diversity, etc. — you’re on your own.
  • At any moment, you might fall through one of the cracks in our healthcare system and be bankrupted.
  • At every moment, you’re vulnerable to the risks of a market economy: Your good job may vanish. To get employed again, you may have to move away from your town with good schools.
  • Even if the difficulties of your own life work out, you may have to take care of your parents and deal with a nursing-home industry that can eat life savings of almost any size.
  • It’s hard to get your children through college without burdening them with a lot of debt.

In short, America may be a rich country statistically, but most Americans don’t feel rich. Life looks like a labyrinth with lots of dead ends.

Now, all those difficulties have been building for decades, so there’s no particular reason voters should have blamed them on Joe Biden or his party. (Republicans have held the presidency for 6 of the last 11 terms, and none of those situations improved during Trump’s first term.) But the Democrats did not tell a convincing story of how they were going to take on these problems.

To be fair, neither did Trump. It’s hard to look at any of the hardships on that list and paint a plausible picture of Trump solving that issue, or even helping you deal with it. Much of what he has proposed — eliminating ObamaCare, say, or defunding the Department of Education — will probably make some of them worse.

But Trump did do something politically clever. He told unhappy voters who to blame: immigrants who are stealing your opportunities; women who don’t know their place; rebels against the God-given order, where there are only two genders and you mate with the opposite one; people who worship the wrong God, or none at all; so-called “experts” who make you feel stupid by quoting “facts”; Chinese scientists who engineered the Covid bio-weapon, a.k.a. the Kung Flu; environmentalists who care more about fish or birds than about you or your children; and (most of all) liberals who enable all the other villains by putting the government on their side rather than yours.

What was going to solve these problems was not any particular Trump plan, but rather the abstract “greatness” of America, or perhaps of Trump himself. Or alternately, the greatness of God, who will once again shower His blessings on America once the atheists and Satanists are removed from power.

It’s not a rational story, but it is a story.

Prospects for 2026 and 2028. My thinking going forward is based on the assumption that Trump will provide his followers with entertainment and satisfying spectacles (like immigrant children in cages or FBI agents on trial), but he won’t actually improve anyone’s life. (He didn’t in his first term either, though he was able to take credit for the economic momentum established in Obama’s second term.) We can see that already in the skyrocketing price of eggs. Somehow, neither Trump’s inherent greatness nor his Day-One executive order is bringing prices down, and he has never had any actual plan to fall back on.

So if the labyrinth of American life looks difficult now, it’s not going to look any better in 2026 or 2028. Trump will likely have consolidated his influence over most major media platforms (both broadcast and social), but there are limits to propaganda’s effectiveness when it tells you that you ought to be happy when you’re not.

Consequently, I expect there to be considerable discontent with Trump in 2026 and 2028, just as there was in 2018 and 2020. (Now, it’s entirely possible that by then he has made elections irrelevant. I don’t expect that, but it’s a possibility. In that case, though, this whole discussion is moot; neither a candidate nor a movement has any hope.)

If that’s the lay of the land, how do we want to be positioned? In my mind, this is where the candidate-centered vision falls short — unless your candidate is a genuinely mythic figure whose mere presence will give the electorate hope. Unfortunately, I don’t see any of those on the horizon. If I’m, say, a 20-something worried about my future, I don’t think “Gretchen Whitmer will save me” goes very far. Nothing against Gretch — I’ll be happy to vote for her against the MAGA candidate in 2028 if it comes to that — but there’s nothing messianic about her or Gavin Newsom or anybody else on the Post’s list of 12. Plus, I expect the failure of salvation-by-Trump to discredit the whole idea of individual saviors.

Instead, I picture just about any Democratic candidate having a message like this:

  • I know many of you are facing a difficult path into the future.
  • Our explanation of who you should blame is better than MAGA’s. The oligarchs are to blame. While the American economy remains productive, the benefits of that economy keep getting channeled towards a smaller and smaller group of people, who keep exchanging wealth-for-power and power-for-wealth, with a profit on every transaction. (This point comes from the playbook of the Bernie/AOC left, but there’s no reason a centrist can’t use it too.) If Elon is still around (doubtful, I think), he can be the poster boy for the corrupt interplay between corporate and government power.
  • We have specific ideas that can help you, but the general idea is simple: The productivity of America needs to be redirected towards making people’s lives better, rather than further enriching the oligarchs.

The protest songs almost write themselves. America has a long tradition of songs about people being cheated out of the fruits of the economy they built. Here’s one from the Depression:

Once I built a railroad, I made it run, 
Made it race against time. 
Once I built a railroad; now it’s done. 
Brother, can you spare a dime? 

What about now? It’s important to recognize that Democrats currently have no national power base, so demanding that they “do something” is unrealistic. They can’t bring legislation to a vote. They can’t launch investigations or subpoena witnesses. They can vote No on things that do come up for a vote, but if all (or nearly all) Republicans vote Yes, those things will pass anyway.

The urge to do something is misplaced for another reason: Trump is the one who needs to show quick results right now. He has a unleashed a flurry of activity, and that will carry him for a while. But without some actual progress, the public disgust with the game of politics will rebound against him. All his activity will look (in MacBeth’s words) like “sound and fury signifying nothing”.

Some liberal pundits are calling for the kind of resistance shown in 2017, with millions of marchers and other displays of energy. But demonstrations that are simply anti-Trump harden people into their current stances. We just had an election about Trump, and we lost. Demonstrations will come into play again, I imagine, and probably soon. But it’s important that the demonstrations be about something more than Trump. Heather Cox Richardson puts it like this:

This is the time for the American people to say “Hang on just a red hot minute here. It’s my country. Those are my tax dollars. And this is what I want the government to do.” And to reshape the way we approach this moment from saying “I gotta stop this. I gotta stop this. I’m afraid of this.” to say “I care deeply about cancer research, something Trump has stopped money for.” [Lists other things you might care about.] Those things are ways to define America in this moment as something other than what Trump is trying to kill. Because that takes the initiative away from him, and away from his people, and gives it back to us.

The important thing to ask about any political activity is “Will this persuade anybody who wasn’t already on our side?”

Unfortunately, protests that are about something more than Trump require waiting for things to play out a little. There need to be visible results worth protesting, not just possibilities.

Similarly, Democratic votes in Congress will start to mean something again as we approach March 14, the date when the government runs out of money. If Speaker Johnson can’t muster unanimity among his troops — something he has never done in the past — then Trump and Johnson will need Democrats. Then there will be leverage to make demands.

More importantly, March 14 is when Trump’s vague promises and intentions have to resolve into actual numbers and legislation.

In the meantime, the only arena currently open for struggle is the courts, and they are being used. State-level Democrats have filed lawsuits to block illegal Trump actions, and so have organizations like the ACLU. Legal action means delay, and delay works in our favor.

These last two weeks have felt like an assault, as Trump tries to panic and stampede us. It’s a time to endure, to remember your core values, and wait for the wind to blow itself out. And if you can learn the guitar while you’re waiting, that would be good too.