Tag Archives: Trump administration

Can Ethical People Work in the Trump Administration?

This week seven federal prosecutors resigned rather than follow unethical orders from their bosses in Trump administration. This case raises a more general question: Given Trump’s disrespect for ethical norms intended to insulate certain key government functions from inappropriate political interference, will there be space in the Trump administration for ethical government employees to do their work?


The Guardian provides the shortest possible summary of the current situation:

[S]even prosecutors – including the acting US attorney in southern district of New York, the head of the criminal division and the head of the public integrity section – resigned in protest rather than dismiss the case [against New York Mayor Eric Adams] for political reasons.

Now let’s back up and review this story from the beginning, following a timeline compiled by ABC News: After an investigation that had been going on for at least a year, last September federal prosecutors at the Southern District of New York (SDNY) sought and received a grand jury indictment of Mayor Adams.

At the time, the Adams indictment was used in arguments that the Biden Justice Department had not been politicized or “weaponized”, as Trump frequently claimed. Yes, a special prosecutor appointed by Attorney General Merrick Garland had indicted Trump, but that was because Trump had broken numerous laws. DoJ also went after Democratic lawbreakers like Adams and New Jersey Senator Robert Menendez.

The indictment, which is unsealed the next day, alleges Adams accepted illegal gifts, including plane upgrades and hotel stays, from Turkish businessmen and officials in exchange for preferential treatment when he was Brooklyn borough president and later as mayor. The indictment also alleges Adams received illegal campaign straw donations from Turkish nationals.

Adams denied the charges, refused to resign, and pleaded not guilty. [1] A trial was scheduled to begin in April. During the transition period after Trump’s election win in November, Adams met with Trump at Mar-a-Lago and with Trump’s border czar Tom Homan. Adams attended Trump’s inauguration. The next day, Adams began claiming that his indictment was retribution for criticizing President Biden’s immigration policies (even though the timeline on that doesn’t work). On February 10, after additional meetings between Adams, his attorneys, and Trump officials, Deputy Attorney General Emil Bove sent a letter instructing SDNY to dismiss charges against Adams “without prejudice”, meaning that the charges could be refiled in the future.

Danielle Sassoon. Dismissing a federal indictment is not an automatic thing. The prosecutor’s office has to file a motion with the court asking for the dismissal. The motion typically contains some justification for the dismissal, which the judge then must rule on. And that brings Danielle Sassoon, the acting U.S. Attorney for SDNY, into the picture.

Sassoon is not anybody’s idea of a liberal Democrat. She clerked for the late Supreme Court Justice Anton Scalia, a legendary figure in conservative legal circles. Trump had appointed her as acting US attorney just three weeks before. Sassoon responded to Bove’s instructions by writing an eight-page letter to his boss, Attorney General Pam Bondi. [2]

Mr. Bove rightly has never called into question that the case team conducted this investigation with integrity and that the charges against Adams are serious and supported by fact and law. Mr. Bove’s memo, however, which directs me to dismiss an indictment returned by a duly constituted grand jury for reasons having nothing to do with the strength of the case, raises serious concerns that render the contemplated dismissal inconsistent with my ability and duty to prosecute federal crimes without fear or favor and to advance good-faith arguments before the courts. … I cannot fulfill my obligations, effectively lead my office in carrying out the Department’s priorities, or credibly represent the Government before the courts, if I seek to dismiss the Adams case on this record.

Sassoon went on to recount the Bove’s justifications for dismissing charges, the first of which she finds unethical

First, Mr. Bove proposes dismissing the charges against Adams in return for his assistance in enforcing the federal immigration laws, analogizing to the prisoner exchange in which the United States freed notorious Russian arms dealer Victor Bout in return for an American prisoner in Russia. … Adams has argued in substance and Mr. Bove appears prepared to concede that Adams should receive leniency for
federal crimes solely because he occupies an important public position and can use that position to assist in the Administration’s policy priorities.

and the second unbelievable.

Second, Mr. Bove states that dismissal is warranted because of the conduct ofthis office’s former U.S. Attorney, Damian Williams, which, according to Mr. Bove’s memo, constituted weaponization of government as defined by the relevant orders of the President and the Department. The generalized concerns expressed by Mr. Bove are not a basis to dismiss an indictment returned by a duly constituted grand jury, at least where, as here, the Government has no doubt in its evidence or the integrity of its investigation. … In short, because there is in fact nothing about this prosecution that meaningfully differs from other cases that generate substantial pretrial publicity, a court is likely to view the weaponization rationale as pretextual. [3]

The first consideration is the disturbing one, because it suggests a truly dystopian role for the Department of Justice: If elected officials refuse to play ball with the Trump administration, Trump could use a Justice Department investigation to get something on them, then hold that potential prosecution over their heads until they do what he wants.

In a footnote, Sassoon lays it out:

I attended a meeting on January 31, 2025, with Mr. Bove, Adams’s counsel, and members of my office. Adams’s attorneys repeatedly urged what amounted to a quid pro quo, indicating that Adams would be in a position to assist with the Department’s enforcement priorities only if the indictment were dismissed. Mr. Bove admonished a member of my team who took notes during that meeting and directed the collection of those notes at the meeting’s conclusion. [4]

In her letter, Sassoon asked AG Bondi for a meeting, and offered her resignation if Bondi did not want to further justify or reconsider DoJ’s position. Her resignation was accepted.

Public Integrity. The obvious next option for Bove would have been to ask SDNY’s second-in-command to file the motion to dismiss the charges, but (perhaps seeing Sassoon’s resistance as an SDNY independence issue), he pulled the case back to DoJ’s aptly named Public Integrity Section in Washington, which often handles political corruption cases. ABC reports:

However, as soon the Public Integrity Section was informed it would be taking over, John Keller, the acting head of the unit, and his boss, Kevin Driscoll, the most senior career official in the criminal division, resigned along with three other members of the unit, according to multiple sources.

The case soon claimed a seventh scalp, SDNY’s Assistant US Attorney Hagan Scotten, another prosecutor with impeccable conservative credentials, having clerked for Brett Kavanaugh and John Roberts. He expressed no hostility to the policy goals of the Trump administration, but strongly implied that someone needs to explain legal ethics to the President.

There is a tradition in public service of resigning in a last-ditch effort to head off a serious mistake. Some will view the mistake you are committing here in the light of their generally negative views of the new Administration. I do not share those views. I can even understand how a Chief Executive whose background is in business and politics might see the contemplated dismissal-with-leverage as a good, if distasteful, deal. But any assistant U.S. attorney would know that our laws and traditions do not allow using the prosecutorial power to influence other citizens, much less elected officials, in this way. If no lawyer within earshot of the President is willing to give him that advice, then I expect you will eventually find someone who is enough of a fool, or enough of a coward, to file your motion. But it was never going to be me.

Friday night, the motion did get filed, though apparently with great reluctance.

The roughly hour-long meeting, where the public integrity section weighed whether to resign en masse after agreeing that the dismissal of the Adams case was improper, culminated with [Edward] Sullivan, a veteran career prosecutor, agreeing to take the fall for his colleagues, according to two people familiar with the matter.

The judge. The judge in the case, Biden appointee Dale Ho, appears to have little choice but to ultimately accept a motion to dismiss. After all, a judge can’t also prosecute the case if the government is unwilling to do so.

However, Ho would be within his rights to hold a hearing into the circumstances of the dismissal motion. Sassoon had warned about this in her resignation letter:

Seeking leave of court to dismiss a properly returned indictment based on Mr. Bove’s stated rationales is also likely to backfire by inviting skepticism and scrutiny from the court that will ultimately hinder the
Department of Justice’s interests. In particular, the court is unlikely to acquiesce in using the criminal process to control the behavior of a political figure.

One option I can imagine (though I don’t fully understand the law here) is that Ho could give DoJ a choice: proceed with the prosecution or accept a motion to dismiss with prejudice, meaning that DoJ would lose the option to refile the charges if Adams wasn’t cooperating completely enough with Trump’s political goals. That change would take away Trump’s leverage over Adams going forward.

Larger considerations. Benjamin Wittes (founder of the Lawfare web site) takes a step back to

  • describe the inherent conflict between the way politicians behave as a matter of course (horse-trading, partisan maneuvering) and the ethical behavior we expect from prosecutors,
  • discuss the Justice Department norms intended to insulate prosecutors from politics,
  • explain how Trump has undone those norms.

Then he concludes:

There is a deep problem here and it goes way beyond the Adams case: Having ripped apart the only system that allows prosecutors to function ethically, we no longer have a mechanism by which federal prosecutors can function ethically. We have a rule in which the president can reach down to the assistant U.S. attorney level and order political favors for his friends in exchange for other remunerations. And we have ethical expectations of prosecutors that they will not entertain such demands.

The result? We have resignations. And we’re going to have more. Because if the president or his minions care about the case you’re working on, there is no place in government for an ethical prosecutor any more. …

As long as a prosecutor can do good work, my plea is to stay in place. But at this point, all federal prosecutors need to be prepared to resign. They are all one phone call away from being put in the position of facing a demand to behave unethically, one phone call away from a demand that is fundamentally political in character, not about justice. And when that call comes, it is imperative that prosecutors do as these ones did—resign publicly, showing their work along the way.

Wittes is talking specifically about prosecutors, but similar considerations apply throughout the government. Every profession within the government has its own ethical standards that protect against inappropriate political interference, and it’s not hard to imagine situations where Trump might circumvent those standards to pursue his goals. (Paul Krugman warns against buying inflation-protected TIPS bonds, precisely because Trump might make himself look good by pressuring government statisticians to minimize the rate of inflation.)

So the admonition Wittes gives to prosecutors needs to apply to federal employees across the board: As long as you can do your job ethically, keep doing it. Don’t resign and give Trump an opportunity to appoint someone more loyal to him than to the nation or to the mission of your agency. But if at some point you’re faced with a choice between your job and your soul, defend your soul and resign.

And if you can make a lot of noise on your way out the door, so much the better.


[1] New York’s state constitution gives Governor Hochul the power to remove Adams. While his case was playing out in court, it made some sense for Hochul to keep her distance. But now that the fix is in, her lack of action is mysterious.

[2] It’s worth pointing out that both Bondi and Bove had been defense lawyers for Trump before being appointed to head DoJ. They are literally Trump’s lawyers, not lawyers for the United States.

[3] A similar statement could be made about dismissing the classified-documents indictment against Trump.

[4] Not wanting anyone to take notes indicates what lawyers call “consciousness of guilt“.

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.

Week One

Trump is president now, and that fact has consequences. But he’s not all-powerful. We need to educate ourselves about how to oppose him most effectively.


Last Monday, while I was taking some time off, the second Trump administration began. During the campaign, Trump made a great deal of noise about what he would do on Day One, including be a dictator. (So far, that seems not to have happened.)

So let’s look at what did happen. Day One (or Week One) is shorthand for two things: his inaugural address and his first executive orders.

The Inaugural Address. Inaugural addresses have no force of law behind them, but they provide a motivating vision for the new administration. They are typically occasions for soaring rhetoric, like “Ask not what your country can do for you; ask what you can do for your country” or “the only thing we have to fear is fear itself” or “The mystic chords of memory, stretching from every battlefield and patriot grave to every living heart and hearthstone all over this broad land, will yet swell the chorus of the Union, when again touched, as surely they will be, by the better angels of our nature.”

But Trump does not soar, he markets. In particular he markets himself: “I was saved by God to make America great again.” (FDR survived an assassination attempt just a month before his first inaugural; he didn’t consider it worth mentioning.) And he makes salesman-like promises about his effect on the nation.

From this day forward, our country will flourish and be respected again all over the world. We will be the envy of every nation, and we will not allow ourselves to be taken advantage of any longer. … America will soon be greater, stronger, and far more exceptional than ever before. I return to the presidency confident and optimistic that we are at the start of a thrilling new era of national success. A tide of change is sweeping the country, sunlight is pouring over the entire world, and America has the chance to seize this opportunity like never before.

Elon Musk sounded a similar note in his inauguration day speech (and then gave a Nazi salute).

This was no ordinary victory. This was a fork in the road for human civilization. … It is thanks to you that the future of civilization is assured.

The whole world will benefit from this surge in American power.

Our power will stop all wars and bring a new spirit of unity to a world that has been angry, violent, and totally unpredictable.

However, the clock has already run out on Trump’s promise to end the Ukraine War in 24 hours. So far, Putin seems unimpressed by his threat of sanctions and tariffs — as if the Biden administration had never considered putting economic pressure on Russia.

And that leads to the other thing I draw from this address: Truth will continue to place no restrictions on what Trump says. His 49.8% plurality is “a mandate to completely and totally reverse a horrible betrayal and all of these many betrayals that have taken place”. It demonstrates that “the entire nation is rapidly unifying behind our agenda. … National unity is now returning to America, and confidence and pride is soaring like never before.”

We will be a rich nation “again”. (The Biden economy’s post-Covid recovery has been the envy of the world.) “America will be a manufacturing nation once again”. (200K manufacturing jobs were lost during the first Trump administration, while 775K manufacturing jobs were added during Biden’s four years.) His government will wave a magic wand to roll back recent price increases:

I will direct all members of my cabinet to marshal the vast powers at their disposal to defeat what was record inflation and rapidly bring down costs and prices.

And he will achieve these results by reinstating the 20th century economy, based on oil and gas, the “liquid gold under our feet”. He will “drill baby drill”. (American oil production is already at an all time high, easily surpassing Russia and Saudi Arabia. Given how expensive the world’s remaining oil is to find and produce, it’s not clear how much lower oil prices can possibly go in the long term.) He will end the nonexistent “electric car mandate” and let Americans “buy the car of your choice” (which I just did by buying a hybrid in September; pure EVs currently account for just 8% of sales and no one is forced to buy one).

The speech doubled down on many of the lies of the fall campaign: “millions of criminal aliens” come here “from prisons and mental institutions” and belong to “foreign gangs and criminal networks”. They bring “devastating crime to U.S. soil, including our cities and inner cities”. (Violent crime has been dropping nationally, and in nearly all American cities. Trump has never provided the slightest evidence for his “prisons and mental institutions” claim. The vast majority of undocumented people keep their heads down, work hard for very little money, and do jobs it would be hard to fill without them.)

New tariffs will bring in vast new revenues from “foreign sources”.

Instead of taxing our citizens to enrich other countries, we will tariff and tax foreign countries to enrich our citizens.

(Tariffs are paid by American importers, not foreign exporters, and ultimately the money comes from American consumers.) China is running the Panama Canal (it isn’t), and “American ships are being severely overcharged and not treated fairly” (not true).

Rhetorically, Trump’s speech evoked a lot of 19th-century imagery, including the phrase “manifest destiny”. He talked about the “untamed wilderness” and winning “the Wild West” (as if the continent had been empty and Native American civilizations had never existed). Ominously, he envisioned once again becoming “a growing nation” that “expands our territory”.

Three kinds of executive orders. I agree with Jay Kuo in dividing Trump’s executive orders into three classes. My reframing of those classes goes like this:

  • legitimate orders that exercise recognized presidential powers. They may not be moral or wise, but yes, a president can do that.
  • speculative orders that test what the courts or Congress will let him get away with. It sure looks like laws or the Constitution forbid this, but who’s going to tell him?
  • fanciful orders intended to excite his base and/or troll his opponents. Like when King Canute ordered the tide not to come in. He’s just trying to upset you, so don’t fall for it.

Legitimate orders. Presidential pardon power is essentially unchecked, so Trump’s pardon of all 1250+ January 6 criminals is a done deal. That includes the people convicted of seditious conspiracy, as well as the folks who sent more than 100 police to the hospital.

Similarly, Trump and the Republican Senate majority have the power to turn the Defense Department over to an inexperienced misogynistic guy with a drinking problem. There’s no recourse; it’s done. Fortunately, all Senate Democrats voted against the nomination, so when the inevitable Hegseth scandal arises, they’ll be in prime I-told-you-so position.

Presidents have broad latitude over programs concerning refugees, so Trump’s order suspending the refugee resettlement program looks sound. Remember: These are not people sneaking over the border. These are people from countries with recognized problems that previous administrations have given refuge to. They have applied via a legal process, been vetted, and may have waited a long time. Some are victims of natural disasters. Others are people we owe something to, like the Afghans who helped our soldiers.

He really can pull the US out of the Paris Climate Accords, but not immediately. He can impose tariffs, which will backfire on him, because they will raise prices on US consumers.

Since these cases are just Trump using the powers the voters (unwisely) gave him in the election, all we can do in response is register our disapproval, publicize the unfortunate results as they appear, and hold Trump-supporting officials responsible in future elections. In some cases, protests or civil disobedience might be appropriate.

David Litt has some good advice about messaging on these issues: Fight big lies with small truths.

Everyone will have different ways of winning the ideas war over the next four years and beyond. For right now, if a total stranger asked me to sum up this week, I’d say something like this:

“There’s a guy named Daniel Rodriguez. On January 5th, 2021, he texted his friends ‘There will be blood.’ On January 6th, when he stormed the Capitol, he grabbed a police officer and shocked him repeatedly in the neck with a stun gun. A jury of peers sentenced him to twelve years in prison for his violent crime. And less than 24 hours after taking office, Trump let Daniel Rodriguez back out on the street.”

I could say more, of course. But that’s the most important thing: a story about one person, who isn’t Donald Trump – and one action Trump took which just about everyone can agree makes us less safe.

In other words, don’t hit your Trumpist friends and relatives with big rhetoric about ending democracy and establishing dictatorship, because they’ll just write you off. Come at them with small stories about people Trump has wronged, and specific ways that he is making all our lives harder.

Speculative orders. These are the most dangerous ones, because if the courts and Congress don’t step up to oppose them, Trump will amass dictatorial power. And if public opinion doesn’t rise against them, Trump may decide that his “mandate” extends to defying the other branches of government.

The most egregious of his speculative orders was the one ending birthright citizenship, i.e., the full citizenship of anyone born in the United States. What’s dangerous about this is that it violates the clear text of the 14th Amendment.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

The order attempts to wriggle through a loophole created by “subject to the jurisdiction thereof”, which until now has chiefly been interpreted to mean people the US government has to deal with through some other government, like diplomats and their families. But Trump wants to reinterpret it like this:

the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

U.S. District Judge John C. Coughenour, a Reagan appointee, was having none of it. He quickly issued a 14-day restraining order, pending a hearing on whether to extend his order to a permanent injunction.

“I’ve been on the bench for four decades, I can’t remember another case where the question presented is as clear as this one is,” Coughenour said, describing Trump’s order as “blatantly unconstitutional.”

Undocumented immigrants are subject to US courts and can be arrested by the police without consulting any other country’s government. Clearly the US claims jurisdiction over them.

I wish I could remember who pointed out an unintended consequence of nixing birthright citizenship: Disputes over citizenship become open-ended. Previously, if someone doubted your citizenship, you could produce your birth certificate and be done. But under Trump’s interpretation, your birth certificate just pushes the question back a generation: What about your parents’ citizenship status? And their parents? Where does it end?

Coughenour’s common-sense reading of the Constitution should stand at least until the case reaches the Supreme Court, which may or may not side with the Constitution against Trump.

Other speculative orders include his attempts to redefine the civil service, creating the kind of political machine the Civil Service Reform Act of 1883 was intended to outlaw. Federal employee unions are suing over that.

It’s also not clear how much of Trump’s attempt to define two genders will be upheld. A trans woman in federal prison is already suing, claiming that her pending transfer to an all-male facility will expose her to rape. An aside: The order is laughably wrong about science:

“Female” means a person belonging, at conception, to the sex that produces the large reproductive cell.

Since male characteristics don’t develop until 6 or 7 weeks into gestation, the order literally means that everyone is female.

Speculative orders are subject to the same public-opinion responses as legitimate orders, but the main battleground will be in the courts. So you’ll want to stay informed through some reliable legal news source. (I recommend Law Dork.) Also, contribute to the ACLU. If you’re in a blue state, encourage your attorney general to sue the Trump administration. Ditto for any union you belong to.

Fanciful orders. A lot of what Trump does or announces is intended just to make headlines and get people arguing with each other. So the Gulf of Mexico is now the Gulf of America? Just laugh. Or when he ordered his underlings to stop inflation, i.e., “to deliver emergency price relief, consistent with applicable law, to the American people and increase the prosperity of the American worker”? Laugh.

Every time you get upset about something like this, you’re distracting yourself from an issue where you might actually do some good.

Hopefulness. Frankly, I expected worse from Trump’s first week, so I’m modestly encouraged.

If you read novels an memoirs from the Nazi era in Germany, one thing that stands out is how artful the Nazis could be at pushing people into compliance. There is a boiling-the-frog aspect to many of these stories, and many people were left thinking, “If this is as bad as it gets, maybe I can deal with it.” Of course, it always got worse, but somehow it never seemed like the right moment to take a stand. The result was that many people missed their chance to oppose Hitler, and then later missed their chance to get out of Germany.

What I was most afraid of going into the second Trump administration was that Trumpists would display a similar kind of deftness. Extreme things would happen, but always with hint that maybe it won’t be so bad.

But Week One makes it clear that these people are not deft. They are not clever. They aren’t even unified. The Mad King is in charge, and none of his advisors is in a position to make him face reality. That will lead to mistakes, and mistakes can be exploited.

A Disastrous Development in Our Response to Disasters

All my life, America’s leaders have encouraged us to unite in the face of disasters.
But now Trump is using them to tear us apart.


This week, if you wanted to pay attention something other than Jimmy Carter’s funeral, you had two choices: the L.A. wildfires or Donald Trump’s wild statements about taking over Greenland, the Panama Canal, and even Canada. Both of those stories will get attention in this week’s summary (the next post), but what interested me more than either was something in the intersection: Trump’s wild statements about the wildfires, and the disturbing approach he is taking to public disasters in general.

When a community faces a catastrophe, it can respond in one of two opposite ways:

  • Survivors can bond together to mourn the dead, care for the injured, and rebuild. Shared pain can create new bonds across former social divisions. People untouched by the disaster may realize that only circumstance separates them from the victims, and may develop a new empathy not just for recent victims, but for the less fortunate in general. A post-disaster attitude of “We’re all in this together” has a chance to grow and spread.
  • The community can damage itself further by finger-pointing, scapegoating, and other forms of turning against itself.

History provides examples of both responses. On the positive side, political partisanship in the United States all but vanished after Pearl Harbor, and lapsed at least temporarily after 9-11. But on the negative side, persecution of Jews sharply increased during the Black Death in Europe, as unfounded rumors of Jews poisoning wells spread widely. All through history, disasters without an easily grasped cause have led people to seek scapegoats. Sophocles’ play “Oedipus Rex” begins with a report from the Oracle of Delphi that one person’s crime has brought a plague to the city. In the Biblical story of Jonah, sailors cast lots to decide who to blame for the storm that threatens to sink them.

Sometimes a community goes both ways simultaneously: At the same time the US was uniting to fight World War II, it was rounding up Japanese Americans and putting them in camps. After 9-11, President Bush put considerable effort into talking Americans out of blaming the attack on Muslims in general, though some did anyway.

Bush’s rhetoric was an example of responsible leadership, which does its best to turn the community response towards positive rather than negative responses. (Using 9-11 to promote an invasion of Iraq, on the other hand, was irresponsible leadership.) Responsible post-catastrophe leadership also has several other identifiable traits:

  • Unfounded rumors spread wildly after disasters, so responsible leaders set up reliable systems of information. They speak calmly and stick to facts in order to calm public panic.
  • They call attention to heroes rather than villains, promoting the notion that community members should help and trust each other.
  • They promote trust in the institutions set up to deal with the catastrophe, and pledge that those institutions will get the backing they need to resolve the situation.

Now look at how President-elect Trump and the right-wing media that takes its cues from him have responded to the Los Angeles wildfires. Wednesday, he posted:

One of the best and most beautiful parts of the United States of America is burning down to the ground. It’s ashes, and Gavin Newscum should resign. This is all his fault!!!

And he followed up with

Governor Gavin Newscum refused to sign the water restoration declaration put before him that would have allowed millions of gallons of water, from excess rain and snow melt from the North, to flow daily into many parts of California, including the areas that are currently burning in a virtually apocalyptic way. He wanted to protect an essentially worthless fish called a smelt, by giving it less water (it didn’t work!), but didn’t care about the people of California. Now the ultimate price is being paid. I will demand that this incompetent governor allow beautiful, clean, fresh water to FLOW INTO CALIFORNIA! He is the blame for this. On top of it all, no water for fire hydrants, not firefighting planes. A true disaster!

and

NO WATER IN THE FIRE HYDRANTS, NO MONEY IN FEMA. THIS IS WHAT JOE BIDEN IS LEAVING ME. THANKS JOE!

Just about every sentence in these posts is false. The December bill that appropriated money to keep the government open added $29 billion to FEMA, and FEMA told CNN Wednesday that it had a $27 billion balance in its accounts.

That sum may well prove inadequate to meet the needs created by every disaster that ends up happening this year, but it’s not “no money.”

There were indeed some dry hydrants, but that had nothing to do with any general lack of water in Southern California, or some mythical “water restoration declaration” Newsom refused to sign. Most of the problem was a more specific lack: of water that had been pumped into tanks in the hills above LA. This created a lack of water pressure in key places, but not a regional lack of water. Shifting more water resources from Northern to Southern California would not have helped.

Firefighting planes were grounded by hurricane-level winds, not by some action of Governor Newsom.

In short, Trump spread lies in order to scapegoat Gavin Newsom, a prominent Democrat who might be his opponent when he runs for an unconstitutional third term in 2028.

Other voices on right-wing media were quick to blame DEI or whatever else they don’t like.

This is all of a piece with the right-wing response to the New Orleans terrorist attack on New Years. Long after it was known that the suspect was a US citizen born in Houston, MAGA supporters were still spreading the rumor that he had crossed the border illegally two days before. This allowed them to smear undocumented immigrants while simultaneously pinning responsibility on President Biden’s immigration policies.

Our media occasionally combats this scapegoating on a small scale, by fact-checking clear lies. But the larger story is going almost completely uncovered: Responsible leadership in times of crisis is a thing of the past. We can no longer expect that our leaders will take care to learn the facts before they speak, pass on reliable information, or try to prevent panic. Instead, they will tell lies that turn public fear and anger against their political enemies. Rather than use a crisis to bring people together, they will use it to create scapegoats and turn different groups of Americans against each other.

In the long run, that reversal of policy may be more destructive than fire.

Cracks in the MAGA Coalition

Fractures are already showing in the MAGA coalition,
and they haven’t even taken power yet.


When a party out of power suddenly finds itself on the verge of taking control of the White House and both houses of Congress, you’d expect to find them coasting on a wave of good feeling. Victory salves all wounds, so everybody should be ready to dance with everybody else at the inaugural balls.

Strangely, though, MAGAWorld is full of conflict these days. One Trump-supporting fascist (Steve Bannon) is calling another Trump-supporting fascist (Elon Musk) a “toddler” who needs a “wellness check” from Child Protective Services. And American workers, says Vivek Ramaswamy, can’t compete with immigrants because they suffer from our “culture”, which venerates mediocrity over excellence.

But wait: Isn’t the whole point of Trumpism that “real” (i.e. White Christian) Americans are victims of the liberal Deep State that wants to “replace” them with brown-skinned Third Worlders? What’s going on?

First skirmish: Foreign investment. Trump owes his election to two groups whose interests don’t match up: White working class voters and ultra-rich technology barons like Elon Musk. During the campaign, Trump could keep his plans vague enough that both were satisfied, and many low-wage workers could imagine that the richest man in the world was their friend.

But now that the election is over, the question keeps coming up: Who’s the real president, Trump or Elon? At first I interpreted such comments as Democratic trolling, trying to stir up trouble in MAGAWorld by taking advantage of Trump’s ego. (I remember in his first term how similar questions about Mike Pence riled him. Speculation at the time was that Trump would bask in the glory of the presidency, leaving Pence to do the actual work of governing.)

But more and more, there seems to be something to the murmurs. The move to reject a compromise and risk a government shutdown last week started with Musk, and Trump eventually got on board. Musk was the leader and Trump the follower.

Support for the stopgap spending bill then collapsed, forcing [House Speaker Mike] Johnson and his leadership team to scramble to find an alternative path forward. As they did, Musk celebrated, proclaiming that “the voice of the people has triumphed”.

It may be more accurate, however, to say that it was Musk’s voice that triumphed.

In the end, Congress passed a continuing resolution that still included the most important extras Democrats wanted: rebuilding the Key Bridge in Baltimore and disaster relief. And it kept government spending at basically the levels set before Republicans took control of the House two years ago.

Trump did not get the extra he wanted: suspending or eliminating the debt limit. But Musk did get what he wanted: The original proposal included an “outbound investment” provision limiting how American companies could invest in China.

We have heard for years about the problem of manufacturing businesses shipping jobs overseas to China, with its low worker wages and low environmental standards. China typically forces businesses wanting to locate factories in its country to transfer their technology and intellectual property to Chinese firms, which can then use that to undercut competitors in global markets, with state support.

Congress has been working itself into a lather about China for years now, and they finally came up with a way to deal with this issue. Sens. John Cornyn (R-TX) and Bob Casey (D-PA) have the flagship bill, which would either prohibit U.S. companies from investing in “sensitive technologies” in China, including semiconductors and artificial intelligence, or set up a broad notification regime around it.

One corporation that would be affected by this is Musk’s Tesla.

Elon Musk’s car company has a significant amount of, well, outbound investment. A Tesla Gigafactory in Shanghai opened in 2019; maybe a quarter of the company’s revenue comes from China. Musk has endorsed building a second Tesla factory in China, where his grip on the electric-vehicle market has completely loosened amid domestic competition. He is working with the Chinese government to bring “Full Self-Driving” technology to China, in other words, importing a technology that may be seen as sensitive. Musk has battery and solar panel factories that are not yet in China, but he may want them there in the future.

Lo and behold: The outbound investment provision vanished from the final version of the continuing resolution. In other words, Republicans in Congress spent their negotiating chips getting what Musk wanted, not what Trump wanted.

Second skirmish: H-1B visas. A second conflict is still playing out: One of the most important issues for the MAGA base is immigration, and in particular protecting the jobs of American citizens from immigrant competition. “They’re taking American jobs” is one of the most effective attacks on immigrants at all levels, even the ones working jobs hardly any Americans want, like picking crops by hand or watching rich people’s kids for practically no pay.

However, American corporations have a different agenda: They want to hire the best people in the world and pay them as little as possible. This is not new. America has been draining the brains of the world at least since the 1930s, when Jews and other anti-fascists escaped from Hitler’s Germany and Mussolini’s Italy. We may sympathize with the American physicists who suddenly had to compete with the likes of Albert Einstein and Enrico Fermi, or American actresses who lost roles to Marlene Dietrich or Hedy Lamarr, but in retrospect it’s hard to feel bad about letting those people into our country.

Similarly today, the US tech industry employs foreign-born workers in jobs many Americans would undoubtedly like to have. The legal vehicle that allows this is the H-1B visa. Employers can sponsor foreign nationals with at least a bachelors degree to apply for H-1B visas that allow them to live and work in the US for three years, with a possible renewal to six years. Currently, 85,000 such visas can be issued each year. 84% of them go to people from India or China. Maybe a handful of those immigrants really are exceptional Einstein-like talents we’d be foolish to turn away, but probably not all 85,000 of them.

The employer has to affirm that the worker will be appropriately paid and that his or her (mostly his) employment won’t negatively impact similar American workers. In practice, though, these provisions are hard to monitor or enforce. Critics charge that H-1B workers are easily abused, because (if no other employers are waiting in the wings) the employer can expel a worker from the US just by withdrawing sponsorship. So H-1B workers can become cheap-but-highly-trained labor that corporations may prefer to American workers that the company doesn’t hold as much leverage over.

Obviously, the tech barons want to be free to import as many cheap engineers and programmers as they want, while Americans with comparable credentials want H-1B visas limited or eliminated. This conflict goes to the heart of what “America First” really means: Should we be strengthening Team America by bringing in talent wherever we can find it, or should we be defending the livelihoods of individual Americans? (An analogy to bring this home: Imagine you’re a young outfielder for the New York Mets, and that you’ve been struggling for playing time so you can prove yourself. How do you feel about the team signing Juan Soto? Your team is better, so your odds of going to the World Series have improved. But your individual prospects have taken a hit.) TPM:

The two sides began to argue on Sunday, after Donald Trump appointed Sriram Krishan, a partner at Andreesen Horowitz, as a White House policy adviser on Artificial Intelligence to work with Sacks, the Trump administration’s crypto and AI czar.

This may seem like a relatively minor White House appointment. However, Krishan has also been a proponent of removing country caps on green cards and H1-B visas, which allow American companies to hire foreign workers for certain specializations.

Nativists like Laura Loomer (who not so long ago was rumored to be having an affair with Trump) found this appointment “deeply disturbing“. Musk and Ramaswamy replied by attacking American workers, with Musk approvingly retweeting a post that described American workers as “retarded”.

Then Musk was attacked back, and responded by taking away privileges on X from people who criticized him. (Remember when Elon was a “free speech absolutist“? It turns out that just applies to Nazis.)

I think Paul Krugman has put his finger on what’s at stake here:

Every political movement is a coalition made up of factions with different goals and priorities. Normally what holds these factions together is realism and a willingness to compromise: Each faction is willing to give the other factions part of what they want in return for part of what it wants.

What’s different about MAGA is that I’m pretty sure that almost all of the movement’s activists (as opposed to the low-information voters who put Trump over the top) knew that he was a con man, without even concepts of a plan to reduce prices. But each faction believed that he was their con man, putting something over on everyone else.

But now the two most important factions — what we might call original MAGA, motivated largely by hostility to immigrants, and tech bro MAGA, seeking a free hand for scams low taxes and deregulation — have gone to war, each apparently fearing that they may themselves have been marks rather than in on the con.

The ball is in Trump’s court

Democrats can’t resist Trump until he starts doing things.


In a Perry Bacon article I linked to two weeks ago, he cautioned against “turning into an amateur political strategist”. It’s a tough temptation to resist, and I’ve been in several conversations recently that veered into who the Democrats’ 2028 nominee should be, what groups of voters we should be trying to win over, how our message needs to change, and so on.

If you find your mind heading in that direction, all I can say is “Slow down.” The election of 2028 or even 2026 will be fought on a battlefield that doesn’t exist yet.

I think the place for political thinking to start is with one obvious fact: The Trumpists won in 2024. They got the White House and both houses of Congress. They control the Supreme Court to an extent that no partisan faction has in my lifetime. And I draw one major conclusion from those facts: The ball is in their court. We can’t know precisely what they’ll do with it until they start doing things. The things they do and the consequences of those actions will shape the landscape of 2026 and 2028.

Trump has raised many hopes and expectations among the people who voted for him. Specifically:

  • The economy is going to be fabulous. Not only will inflation stop, but prices will go back down to what they were the last time Trump was president. The trade deficit will vanish: Americans will get good jobs making the products we no longer import, but other Americans won’t lose their jobs making products for export. Increased oil and gas production will make energy much cheaper, lowering the price of everything. But we won’t have to worry about increased disasters from climate change.
  • Trump will wield unchecked power without abusing it. Neither Congress nor the courts nor the states will be able to stand in his way. But he won’t be petty and go after political opponents who broke no laws. He won’t make Americans afraid to criticize him. He won’t govern for his own profit. He won’t alter the rules to make future Democratic victories impossible. And he won’t ignore the Constitution to seek a third term.
  • The government is going to get drastically smaller. Spending will go way down without cutting Social Security or Medicare or defense. Regulations will be slashed without unleashing bad behavior from predatory corporations. Taxes will go down, but the budget deficit will vanish. Corruption will disappear. Private companies and the free market will serve Americans’ interests better and more efficiently than big government programs like ObamaCare or Medicare for All.
  • American strength will make the world safer. Wars in Ukraine and the Middle East will end on terms favorable to US interests. Terrorism will stop. Tariffs will be an unanswerable weapon that makes other countries do what we want.
  • The immigration problem will be solved. The Army will round up 10-20 million undocumented nonwhite people living here, without terrorizing the rest of us. They will be held in camps until they can be deported to other countries, who will accept them for fear of American tariffs. That roundup and detention power will be wielded without abuse, and only the bad, criminal immigrants will be affected. The good Latinos will stay and the bad ones will get kicked out. American industries (like agriculture) won’t be affected by the sudden departure of their work force.
  • Normal (i.e., White, Christian, straight) Americans will matter again. Small towns and rural areas will make a comeback. Working people will get a fair shake and won’t be exploited by giant unregulated corporations, so unions and consumer-protection agencies won’t be needed.

And more. Now, I think the picture I just painted is a fairy tale, because many of those goals are contradictory and most of the rest are unlikely. But just for a moment, let’s imagine Trump fulfills all of it. The people who voted for him look at the results and say, “That’s what I voted for.” The people who didn’t vote for him have to admit (if we are honest) that our fears were groundless. How do the Democrats surge in 2026 and 2028 to regain power?

It’s simple: They don’t. And more than that, they shouldn’t. If the MAGA movement can do all that, it will deserve to stay in power. Gavin Newsom (or whoever you’re picturing) won’t be able to run against it. No “message” you can come up with will win over Hispanics or suburban women or demoralized nonvoters or whichever other group you attribute our 2024 loss to.

What that means in practice is that, while we continue to espouse our own values, and oppose nominees and proposals that look wrong to us, it’s way too soon to start shaping any sort of campaign. A large chunk of the 2026 and 2028 campaigns will necessarily be reactive. Trump will disappoint many of the people who voted for him, either by not doing what he said he would do (“build the wall” from his first administration) or by doing it and having it turn out differently than he said it would. Future Democratic campaigns will center on exploiting that disappointment.

But we can’t design those campaigns until we see who he disappoints and how.

So what does that mean Democrats should be doing now? Laying the groundwork for the Trump-disappointed-you campaign, whatever it turns out to be. We need to constantly call attention to the ways Trump tries to move the goalposts. (Bringing prices down, we now learn from him, is very hard.) We need to highlight those people who are being harmed by his policies, once those policies start to take shape.

The upcoming leadership battle in the House will be the first substantive thing to look at. For the first time in decades, all committee chairs will be White men.

The budget will be a target-rich environment, because Republican math just doesn’t work. Either their cuts won’t total up the way they anticipated, or they will cut things they said they wouldn’t. Probably both. And if there’s a deficit, they own it.

I know that vision is not nearly as inspiring as a ten-point-plan to elect AOC. But this is the reality we have arrived in: The voters have given MAGA a chance to prove itself. We won’t know how to run against them until we see how they fail that test.

Resisting, eventually

Recovering from the disillusionment of the election is taking longer than I expected.


Many articles are being written about how best to resist the incoming Trump administration and its expected assault on democracy and human rights. I had planned to write a post curating those articles for you, picking out the best ones and summarizing their advice. Unfortunately, I’ve bookmarked more of them than I’ve read, and I haven’t given the ones I’ve read enough serious thought.

That lack of motivation has forced me to admit something about myself: I’m not ready to resist yet. I hope I will be soon.

Everybody’s absorbing the reality of the election at their own pace and in their own way, I suppose. Prior to the election, I advised my readers over and over again not to speculate about what would happen. Like many advice-givers, I almost listened to myself. I refused to anticipate and dwell on either the thrill of victory or the agony of defeat. (I’m dating myself: When I was growing up, “the thrill of victory and the agony of defeat” was the well-known catch-phrase of ABC’s Wide World of Sports.) And yet, deep down, I stubbornly refused to believe the American people would do this. Even at the lowest points, like after Biden’s disastrous debate, I would think about a second Trump administration and think, “No. That can’t happen.”

In retrospect, my faith in the good judgment of the American electorate looks like the faith of a wife who is certain that her husband won’t ever cheat on her, or a child who is sure Dad will never go back to drinking, because it led to so much pain the first time.

But here we are.

I had imagined I was living in an early British detective novel, where Sherlock Holmes or Miss Marple would eventually figure everything out and justice would triumph. Instead, I woke up in an American detective novel by Dashiell Hammit or Raymond Chandler, where the Powers That Be have known all along who the murderer is, but see no reason to do anything about it.

Here we are.

Many of my friends have reported periods of anger, which I haven’t experienced yet. Maybe that’s still coming or maybe I’m just not built that way. Instead, I’ve been living with a deep sense of disappointment. I don’t anticipate any satisfaction coming when Trump voters lose their health insurance or see his tariffs reignite inflation in their grocery stores. When Trump-supporting Hispanics have their naturalization revoked or see their birthright citizenship denied, I don’t expect “I told you so” to taste delicious in my mouth. It will be a sad day, even if they did it to themselves. They are my countrymen, even if my country tells me otherwise.

But I’m still not ready to construct my resistance strategy. I hope I will be soon. Andrea Pitzer is right about this much: Most countries that experienced a fascist takeover didn’t enjoy the luxury of three months to plan. But one of those months is gone already. The clock is ticking.

I can tell I’ll eventually come around. One weird aspect of my psychology is that I’m aware of a subconscious personality who communicates with me — and occasionally critiques my behavior — through my brain’s musical soundtrack. (I noticed it my senior year in college, when I was trying to keep a relationship from getting too serious because I anticipated it ending with graduation. All spring I unaccountably found myself humming “Frosty the Snowman”.)

Lately it’s been playing a song I haven’t heard in years, maybe decades: Graham Nash’s “Chicago“, which he wrote in response to the Chicago 7 trial. It’s aimed at someone Nash wants to “come to Chicago” to protest, and hopes that the listener isn’t like Jack, who won’t help “cause he’ll turn the other ear”. And he envisions this:

We can change the world.
Rearrange the world.
It’s dying to get better.

I wonder.

In my uninspired wanderings through resistance articles, I have noticed a few things, which I’ll pass on in lieu of a better post in some future week.

The simplest advice has been repeated by many people, so you’ve probably heard it already: Timothy Snyder says “Don’t obey in advance.” In their formation phase, authoritarian regimes wonder what they can get away with. When people anticipate the regime’s demands and comply before they’re asked, they teach the government what it can do. We’ve seen simple examples already: When the Washington Post and LA Times owners torpedoed their editorial departments’ Harris endorsements, they signaled to Trump that he can control the press through the government’s influence on the owners’ other businesses. Seth Moulton — my congressman, sadly — has already offered that many Democrats are willing to surrender trans rights without a fight.

Other examples are more local, like libraries that remove LGBTQ memoirs or non-White fiction before anyone demands it, or sociology departments that voluntarily pare back their programs to avoid discussing White supremacy.

The other thing I’ve been struck by is the importance of perception. The power of an authoritarian regime rests more on belief than on institutional power or even guns. No one resists because everyone believes that (in the words of Star Trek’s Borg Collective) “resistance is futile”. But if enough people believe resistance isn’t futile, then it’s not.

That’s why Trump and his people are working so hard to assert that his sub-50% showing in the election is a “mandate” or even a “landslide“. But if you voted for someone other than Trump, you belong to the majority. And there’s certainly no mandate for implementing Project 2025 policies, which he explicitly denied during the campaign.

Similarly, we can expect a Day One shock-and-awe campaign, where it will seem as everything is happening at once: mass deportation, attacks on abortion rights and trans rights, tariffs, oil drilling on public lands, rolling back environmental regulations, firing civil-service workers, and so on. Trump and his people will make it sound as if these are all done deals — it’s happened already, get over it.

But in fact it won’t have happened. Most of his Day One moves will be challenged in court or require agreement from Congress, either of which will (at a minimum) take time, and may result in significant revisions or even reversal. Every delay means that less gets done, and the secret to saving American democracy is making sure that Trump doesn’t finish it off before the next elections.

So one of the worst things we can do is be defeatist, and claim that democracy is already lost. That does Trump’s work for him.

A George Orwell quote from 1946 is relevant here:

Power worship blurs political judgement because it leads, almost unavoidably, to the belief that present trends will continue. Whoever is winning at the moment will always seem to be invincible. If the Japanese have conquered south Asia, then they will keep south Asia for ever, if the Germans have captured Tobruk, they will infallibly capture Cairo; if the Russians are in Berlin, it will not be long before they are in London: and so on. This habit of mind leads also to the belief that things will happen more quickly, completely, and catastrophically than they ever do in practice. The rise and fall of empires, the disappearance of cultures and religions, are expected to happen with earthquake suddenness, and processes which have barely started are talked about as though they were already at an end.

Trump’s overthrow of democracy has barely started. We can’t let him pretend that it has already succeeded.


Perry Bacon‘s list of things to do or avoid doing is well chosen. The gist: Get involved in something beyond electoral politics, like union, a local issue-oriented group, or a politically committed liberal church. (After initial skepticism, Perry is a UU now. Welcome!) Don’t obsess over political news or Democratic strategy.

Caligula’s Horse, and other controversial appointments

Some of Trump’s cabinet picks are merely unorthodox, but others are expressions of dominance.


The Roman historian Cassius Dio told this story about the Emperor Caligula and his horse Incitatus:

[Caligula] used to invite [Incitatus] to dinner, where he would offer him golden barley and drink his health in wine from golden goblets; he swore by the animal’s life and fortune and even promised to appoint him consul, a promise that he would certainly have carried out if he had lived longer.

Modern historians generally believe that if he made this promise at all, Caligula was joking.

Caligula once said that he would appoint his horse Incitatus consul, which was probably a joke intended to belittle the Senate’s authority.

In the old Roman Republic, the consulship had been the top executive office and was anything but a joke. When Caligula’s great-grandfather Augustus established the imperial system, he preserved the forms and rituals of the Republic and ruled from behind the scenes, not as consul or dictator (as his own uncle Julius Caesar had done) but as “First Citizen”. (In Latin, princeps, the origin of the word “prince”.) Caligula, on the other hand, had no patience with such niceties and wanted to rub senators’ noses in the emptiness of their formal titles. “You want to be consul? So does my horse.”

Matt Gaetz. The Incitatus story came to mind Wednesday after President-elect Trump announced that he would nominate Rep. Matt Gaetz to be attorney general, a possibility only slightly less absurd than Incitatus’ consulship.

Gasps were heard during a meeting of Republican lawmakers when the nomination for America’s top US prosecutor was announced, Axios reported, citing sources in the room.

Republican Congressman Mike Simpson of Idaho reportedly responded with an expletive.

“I don’t think it’s a serious nomination for the attorney general,” Alaska Republican Senator Lisa Murkowski said.

Gaetz has a law degree, but no experience in law enforcement or the judiciary. He has been dogged by persistent accusations of sex trafficking and relationships with underage girls, though the Justice Department declined to file charges. [1] The House Ethics Committee had been about to publish a report of their investigation into his sexual misconduct, but Gaetz has avoided this by resigning his House seat to accept Trump’s offer. (Typically, members of Congress who take cabinet seats wait to resign until after the Senate confirms them.) Republican Senators have said they’d like to see the report, but Speaker Johnson is against releasing it to them — something he would obviously do if it cleared Gaetz.

Gaetz is also very unpopular in Congress, even among his Republican colleagues. He is generally regarded a bomb-thrower who makes problems rather than solves them. Remember those endless votes to remove Kevin McCarthy from the speakership and install somebody else? The ones that shut the House down for weeks? Former Speaker Kevin McCarthy explains why they happened:

I’ll give you the truth why I’m not speaker. It’s because one person, a member of Congress, wanted me to stop an ethics complaint because he slept with a 17-year-old.

Like Incitatus, though, Gaetz knows who his master is. He has been abjectly loyal to Donald Trump, and has said his is “proud of the work we did” on January 6. [2]

Republicans will start the next term with a 53-47 majority (assuming Dave McCormick’s victory over Bob Casey in Pennsylvania holds up). So the party has the votes to confirm anyone they want. Two things are clear:

Senator Tommy Tuberville of Alabama laid it out for the reluctant senators:

This is the last chance we’re gonna have of saving this country. And if you wanna get in the way, fine. But we’re gonna try to get you out of the Senate, too if you try to do that.

As for the mainstream media, sanewashing is still the order of the day. The NYT describes the Gaetz nomination as a “loyalist” and WaPo characterizes Gaetz as “outspoken“.

Confirming Gaetz will verify that two significant American institutions have lost their independence: not just the Justice Department, but the Senate also. It will be a major step in the direction of autocracy. Democratic Senator Sheldon Whitehouse refers to this as “the crawl test“, and Ezra Klein writes:

Demanding Senate Republicans back Gaetz as attorney general and Hegseth as Defense Secretary is the 2024 version of forcing Sean Spicer to say it was the largest inauguration crowd ever. These aren’t just appointments. They’re loyalty tests. The absurdity is the point.

Pete Hegseth. And that brings us to our next horse, Pete Hegseth.

Let’s start with the good: He has a strong academic record, receiving a bachelors degree in politics from Princeton (where he wrote for the conservative Princeton Tory and played on the school’s varsity basketball team), and then a masters in public policy from the Kennedy School at Harvard. [3] He was an infantry officer in the Minnesota National Guard, volunteered to be posted to Baghdad, and received a bronze star. He also served in Afghanistan and was promoted to major.

From there things go downhill. He was at first chosen to be one of the 25,000 National Guard troops protecting Joe Biden’s 2021 inauguration (which needed protection given the post-January-6 threats of right-wing violence), but was removed as a possible “insider threat” in view of two tattoos: a Jerusalem cross and “Deus Vult” (“God wills it” an 11th-century Crusader battle cry). Either might be a simple expression of Christian devotion, but they are also associated with Christian nationalism and even neo-Nazism. [4]

Hegseth’s political positions have been described as Christian nationalist. In his book, American Crusade: Our Fight to Stay Free, he said he believes there are “irreconcilable differences between the Left and the Right in America leading to perpetual conflict that cannot be resolved through the political process”. He furthermore called for an “American crusade”, which he described as “a holy war for the righteous cause of human freedom”.

In short, the Crusades — a Christian war against infidels, particularly Muslims — figure prominently in his thinking.

His business career was undistinguished, and his time managing conservative political action groups raises more red flags without any proven wrong-doing. He ran a Minnesota PAC that spent 1/3 of its funds on Christmas parties, and as director of Concerned Veterans for America he hired his brother and paid him over $100K.

Hegseth was investigated for a sexual assault in 2017, but (like Gaetz) was not charged. [5]

But the reason he’s been nominated is that Trump liked him as a weekend contributor to Fox & Friends. He joined Fox News in 2014, and is best known for advocating pardons for war criminals, including Eddie Gallagher. (Gallagher was pardoned by Trump and had his rank restored, despite testimony against him from seven of his 21 platoon members, one of whom said “The guy is freaking evil.”)

Nothing in Hegseth’s background qualifies him to run a department with nearly three million employees and an $842 billion annual budget. But he does bring to the job an anti-LGBTQ and patriarchal zeal that fits well with Trump’s criticisms of the “woke” military.

Given his past pronouncements, and those of President-elect Trump, Hegseth is expected to end any diversity programs in the U.S. military, and perhaps retire or replace senior officers he sees as “woke” or who did not get the position through what he sees as merit alone.

His view of war crimes also aligns with Trump, who said after pardoning a different war criminal that “We train our boys to be killing machines, then prosecute them when they kill!”

How Trumpists see their team.

Tulsi Gabbard. This former Democratic congresswoman has been nominated to be Director of National Intelligence. The DNI is the primary liaison between the 17 US intelligence agencies and the President. The DNI’s office (ODNI) produces the Presidential Daily Brief, which integrates and distills reports from all the agencies.

Democratic Rep. Debbie Wasserman Schultz probably went too far by characterizing Gabbard as “likely a Russian asset“, but some hosts on Russian state TV appear to agree, referring to her as “our girlfriend Tulsi“. Gabbard has often echoed Russian propaganda about the Ukraine War. During her unsuccessful 2020 presidential campaign, she received favorable coverage from Russian state media.

Less than one month into her presidential campaign, there were at least 20 Gabbard stories on three major Moscow-based English-language websites affiliated with or supportive of the Russian government — all of which celebrated her candidacy.

She has also been a defender of the Assad regime in Syria, a Russian ally.

Our allies are reported to be alarmed by her nomination, and there is talk that the other Five Eyes countries — Australia, Britain, Canada, and New Zealand — may stop sharing information with us, for fear of where that information might go next.

Gabbard has no previous experience in intelligence. She has not worked for a US intelligence agency and was not a member of the Intelligence Committee when she was in Congress.

RFK Jr. It’s possible to describe RFK Jr. in glowing terms: He wants to Make America Healthy Again. He wants to take on the Big Pharma and Big Food oligopolies, and fight the forces that make Americans prone to chronic diseases.

But then you get down to the details. He has latched on to any number of medical and environmental conspiracy theories, and said outrageous things like “No vaccine is safe and effective.” A 2021 study in the Journal of Medical Internet Research found

Throughout the year, we observed an increasing trend in the prevalence of low-credibility news about vaccines. We also observed a considerable amount of suspicious YouTube videos shared on Twitter. Tweets by a small group of approximately 800 “superspreaders” verified by Twitter accounted for approximately 35% of all reshares of misinformation on an average day, with the top superspreader (@RobertKennedyJr) responsible for over 13% of retweets.

Then there’s the danger of fluoridated water, which is a John Birch Society conspiracy theory I remember from childhood. RFK would like to eliminate water fluoridation, due to various health problems that overexposure to fluoride can cause. But like so many of his causes, his anti-fluoride case is overstated and full of misinformation. Fluoridated water has proven cavity-prevention benefits, and local monitoring should be sufficient to prevent over-exposure.

Kennedy denies responsibility for a measles outbreak in Samoa that killed 83 people, but he did play a role.

Children’s Health Defense, the nonprofit anti-vax outfit he led until becoming a presidential candidate, had helped spread misinformation that contributed to the decline in measles vaccination that preceded the lethal eruption. And during his trip to Samoa, Kennedy had publicly supported leading vaccination opponents there, lending credibility to anti-vaxxers who were succeeding in increasing vaccine hesitation among Samoans.

That, in a nutshell, is the main thing to fear about Kennedy heading HHS: He’ll encourage public doubts about vaccines that have all but eliminated various once-common diseases. If vaccination levels fall below what is necessary to maintain herd immunity, those disease can make a comeback.

The U.S. is already seeing an uptick in some vaccine-preventable childhood diseases, says Dr. Adam Ratner, a pediatric infectious disease specialist in New York City and author of a forthcoming book about the resurgence of measles and the growing anti-vaccine movement.

Measles outbreaks and cases of chickenpox and pneumococcal disease are on the rise in the U.S., he notes.

“When we see children in the hospital with complications of these things that we can prevent or at least decrease the risk of by using vaccines, it’s very frustrating,” he says.

As vaccine hesitancy continues to spread, Alissa and other pediatricians worry that other devastating childhood diseases like polio could re-emerge.

And God help us if we have another pandemic.

As for sticking it to Big Pharma and Big Food, I have a theory about that: I deeply disbelieve in Trump’s populism, and think that fundamentally he is on the side of Big Whatever. But RFK Jr. could still be useful to him by creating a threat Trump could use to shake the big companies down.

What’s next? These particular picks were so outrageous that many other nominees are passing without comment, like Mike Huckabee as ambassador to Israel, Steven Miller as deputy chief of staff for policy, and Kristi Noem as Secretary of Homeland Security. And I’ve seen many people use the Simpsons’ worst [blank] SO FAR meme. (We’re still waiting for a Treasury secretary.)

It’s been hard to parody Trump’s team, because anything you suggest could become tomorrow’s reality. (Last week, Gaetz becoming attorney general might have gotten a good laugh.) The only real way to stay ahead of the game is to propose fictional characters:

Donald Trump picks Baltimore based developer Russell “Stringer” Bell as Secretary of Housing and Urban Development.

But to repeat a previous point: The question is what the Senate will do. It’s encouraging that Republican senators stuck by their own choice (John Thune) for majority leader, and didn’t give in to Trump’s choice (Rick Scott). Maybe that means the Senate will play the role the Founders intended, checking and balancing the President. At least sometimes.


[1] Not filing an indictment isn’t actually a ringing endorsement. It means only prosecutors didn’t think they could convince a jury beyond a reasonable doubt. But according to Gaetz’ defenders, if there’s not enough evidence to send you to jail, you might as well be attorney general.

[2] Trump’s tweet announcing Gaetz calls him “a Champion for the Constitution and the Rule of Law”, which is the kind of up-is-down statement we’re going to see a lot of.

The rest of the new DoJ management team will also be compromised: Trump has nominated his personal attorneys, Todd Blanche and John Sauer, as Deputy Attorney General and Solicitor General. At least they have some relevant experience: Blanche was once a federal prosecutor and Sauer was solicitor general for Missouri.

[3] In 2022 he announced on Fox & Friends that he was returning his diploma to Harvard.

[4] At a minimum these are anti-Islam symbols. The Jerusalem Cross goes back to the Crusades, and is also known as the Crusaders’ Cross. If I were a senator vetting Hegseth, I’d point to Deus Vult and ask him precisely what he thinks God wills in the 21st century.

[5] The Washington Post published more details about the assault Saturday, including that Hegseth paid the accuser to sign a nondisclosure agreement.

[A] detailed memo was sent to the Trump transition team this week by a woman who said she is a friend of the accuser. The memo, a copy of which was obtained by The Post, alleged he raped the then-30-year-old conservative group staffer in his room after drinking at a hotel bar. … The accuser, whose identity has not been made public, filed a complaint with the police alleging she was sexually assaulted days after the Oct. 7, 2017, encounter in Monterey, California, but the local district attorney did not bring charges. Police confirmed that they investigated the incident. After she threatened litigation in 2020, Hegseth made the payment and she signed the nondisclosure agreement, his attorney said.

Once again, not being formally indicted for a crime seems to be the gold standard for Trump nominees.

Revisiting the fascism question

People who used to deny that Trump is a fascist have been changing their minds.


From the beginning of his first presidential campaign, it was clear Donald Trump was not like other candidates. The difference was not in political philosophy, because he barely seemed to have one. On any given day, he might be for or against a national healthcare program. He might want to raise or cut taxes on the rich. If “conservative” had been defined by Ronald Reagan and carried into the present by Republicans like Paul Ryan, then Trump was not a conservative.

Meanwhile, he celebrated his supporters’ violent tendencies, called Mexican immigrants rapists, and promised to ban Muslims from entering the country. Maybe we needed a different word for this. Maybe the word was fascist.

For years, the word fascist had mainly just served as an insult in American politics. Yes, there were people on the right-wing fringe who waved swastikas and celebrated Hitler’s birthday, but they had no power and nobody took them seriously. If you heard some congressman or cabinet secretary described as a fascist, it was hyperbole. No significant player in American government was literally a fascist. [1]

But maybe it was time to dust that word off as a serious descriptor. If you were going to do that in a responsible way, though, you had to be clear about what you were using the word to mean. It couldn’t just be “somebody more conservative than me” or “somebody I don’t like”. It needed a real definition that could be applied objectively.

And that was actually kind of tricky, because historical fascism has not displayed a defining set of policy positions, like communism’s public ownership of the means of production. Once in power, fascists become chameleons, championing whatever ideas their leaders find useful. Fascism often resembles a charismatic religion more than a political philosophy; the important thing is the spirit, not adherence to some 10-point plan.

But by November of 2015, I was ready to start using the word again, so I wrote “The Political F-Word” to say what I would mean by it. I said fascism was more about social psychology than politics, and described it as:

“a dysfunctional attempt of people who feel humiliated and powerless to restore their pride by:

  • styling themselves as the only true and faithful heirs of their nation’s glorious (and possibly mythical) past, [2]
  • identifying with a charismatic leader whose success will become their success,
  • helping that leader achieve power by whatever means necessary, including violence,
  • under his leadership, purifying the nation by restoring its traditional and characteristic virtues (again, through violence if necessary),
  • reawakening and reclaiming the nation’s past glory (by war, if necessary),
  • all of which leads to the main point: humiliating the internal and external enemies they blame for their own humiliation.”

I could easily see Hitler’s and Mussolini’s fascism in that description, and believed that it fit Trumpism as well, with its vague allusions to making America great “again” (without specifying when exactly that greatness was present or how it was lost), its persistent claims of persecution and victimhood, its emphasis on “owning the libs”, its hatred of immigrants, the violence of its rhetoric (which is frequently echoed in the manifestos of mass murderers), its focus on “real Americans”, and (most of all) the cult of personality around Donald Trump himself. [3]

The subsequent eight years, I believe, have borne out what I saw in 2015. The January 6 insurrection, for example, was a direct manifestation of “helping that leader achieve power by whatever means necessary, including violence”, and so are the current threats of violence against the prosecutors and judges who attempt to make Trump submit to the rule of law.

Still, not everyone agreed, and calling Trump a fascist was controversial. To many, fascist meant Hitler, and (whatever you might think of him) Trump was not Hitler. This week, Tom Nichols summarized his thinking like this: He was against using fascist through the 2016 campaign because

Trump, as a person and as a public figure, is just so obviously ridiculous; fascists, by contrast, are dangerously serious people, and in many circumstances, their leaders have been unnervingly tough and courageous. Trump—whiny, childish, unmanly—hardly fits that bill.

At the time, I thought this view was unhistorical, because Hitler also had seemed ridiculous to many Germans, even after he had become chancellor. But Nichols continued:

After Trump was elected, I still warned against the indiscriminate use of fascism, because I suspected that the day might come when it would be an accurate term to describe him, and I wanted to preserve its power to shock and to alarm us. I acknowledged in August 2022 that Trump’s cult “stinks of fascism,” but I counseled “against rushing toward the F-word: Things are poised to get worse, and we need to know what to watch for.”

Well, Nichols is now shocked and alarmed. What changed his mind? The same things that have swayed a lot of pundits lately: the escalating rhetoric that now routinely dehumanizes his opponents as “vermin” and immigrants as “poisoning the blood of our country“, coupled with a series of ominous proposals for his second administration:

Add the language in these speeches to all of the programmatic changes Trump and his allies have threatened to enact once he’s back in office—establishing massive detention camps for undocumented people, using the Justice Department against anyone who dares to run against him, purging government institutions, singling out Christianity as the state’s preferred religion, and many other actions—and it’s hard to describe it all as generic “authoritarianism.” Trump no longer aims to be some garden-variety supremo; he is now promising to be a threat to every American he identifies as an enemy—and that’s a lot of Americans.

Nichols is not alone. [4] Though The Economist does not use the F-word, it says that Trump “poses the biggest danger to the world in 2024”. WaPo’s Dan Balz also avoids fascist, but says his rhetoric is “associated with authoritarian leaders of the past”, whoever they might be. His colleague Aaron Blake puts recent Trump quotes side-by-side with Hitler’s use of the same language. The New Yorker’s John Cassidy warns that the 2024 election is

a struggle to prevent the election of a President whose embrace of fascistic imagery and authoritarian governance goes well beyond what comes out of his mouth.

In short, it’s not just the crazy things Trump says or how he says them. It’s what he’s done and plans to do.

The 2020 election plot. It’s important to realize that we’ve gone well beyond the point of Trump-says-a-lot-of-crazy-things. Openly fascist ideas and proposals are percolating in TrumpWorld right now, and are still not being taken seriously by many American voters. But before we go into those, we need to lay out what Trump has already done: launched a plot to stay in power after losing the 2020 election.

People who think we can put January 6 behind us tell the story like this: After it became clear that Trump had lost the 2020 election, he latched on to every rumor of fraud because he didn’t want to admit defeat. His stolen-election rhetoric resonated with his most radical supporters, and the result was a January 6 rally that got out of hand. Eventually, though, Trump told the rioters to go home and left office peacefully. He still may be claiming he won in 2020, but so what?

Both the evidence gathered by the House January 6 Committee [5] and the Georgia and D.C. indictments against Trump, though, tell a different story:

  • As soon as it became clear that Trump was likely to lose the 2020 election, he began preparing to claim fraud and stay in office.
  • Within a few days of the November 3 election, his campaign officials and other top advisors told him that he had lost.
  • Within a few weeks, all his administration’s top investigators — Bill Barr in Justice, Chris Krebs at the Cybersecurity and Infrastructure Security Agency, and others — told him that his claims of election fraud had no basis in fact. No one in a position to know supported those claims.
  • Republican officials in key states — Georgia, Michigan, Arizona — told him that the votes had been counted accurately. Again, no one in a position to know said otherwise.
  • In order to find support for the view that he had won the election, Trump had to turn to amateur conspiracy theorists like Sidney Powell and Mike Lindell.
  • Barr’s successors at Justice refused to send state legislators a letter falsely claiming that evidence of significant election fraud had been found and recommending that they reconsider their states’ electoral votes.
  • Republican-controlled state legislatures all refused Trump’s urging to ignore the election results and appoint Trump electors instead of Biden electors.
  • Officials close to Trump coordinated attempts in multiple states for Trump supporters to falsely claim to be electors, and to fraudulently cast Electoral College votes for Trump.
  • His own vice president, Mike Pence, resisted his urging to count the votes of the fake electors, or to refuse to count electoral votes from states Biden had won.
  • The January 6 assault on the Capitol was planned in advance by groups like the Proud Boys, and their leaders have been convicted of seditious conspiracy. A direct connection from the White House to the Proud Boys has not been nailed down in evidence publicly available, but may have gone through Roger Stone.

The more details come out, the clearer it becomes that this plot could have worked if only Trump had more yes-men in key positions. If the Justice Department had backed rumors of election fraud, Republican legislatures would have had cover to submit alternate slates of electors, and Mike Pence might have been convinced to count those votes, creating a constitutional crisis that the Supreme Court (with three Trump appointees) might have been unwilling to resolve in Biden’s favor. A military leader unlike Mark Milley might have provided troops to put down any subsequent disorder, and Trump would be President for Life. [6]

From the preparations for his second administration, we can conclude that Trump has learned a lesson from his first failed attempt to overthrow the constitutional order, and will not make the same mistakes again. He’ll appoint a compliant attorney general, a compliant vice president, and military leaders willing to do what they’re told. Former Trump Chief of Staff John Kelly put it like this:

The lesson the former president learned from his first term is don’t put guys like me … in those jobs. The lesson he learned was to find sycophants.

Plans for Trump’s second term. According to many reports, Trump did not expect to win in 2016, so he paid little attention to the transition plan drafted by Chris Christie. Top jobs were filled in a haphazard way, often with conservatives who had little previous connection to Trump, like General John Kelly, or with people like Senator Jeff Sessions, who backed Trump but retained independent views of how government was supposed to function. The Trump legislative agenda was largely left to Speaker Paul Ryan, who engineered a Reagan-style tax cut for corporations and the rich, but failed to “repeal and replace” ObamaCare.

As a result, Trump was frequently told that he couldn’t do what he wanted to do; it was illegal or unethical or against the norms of the federal government. By the end of his term, he had gotten rid of most of those people, but there were still enough establishment conservatives around to thwart his attempt to steal a second term.

He doesn’t want that to happen again, so plans are already in place to hit the ground running with sweeping proposals and a list of Trump loyalists ready to implement them.

Weaponize the Justice Department against his enemies. Trump claims that the indictments against him are purely political. [7] But rather than promise to restore the Justice Department to its proper function, Trump promises to do to his enemies what he (falsely) claims has been done to him. In an interview with Univision, he said:

What they’ve done is they’ve released the genie out of the box. … They’ve done indictments in order to win an election. They call it weaponization, and the people aren’t going to stand for it. But yeah, they have done something that allows the next party. I mean, if somebody if I happen to be president and I see somebody who’s doing well and beating me very badly, I say go down and indict them. Mostly what that would be, you know, they would be out of business. They’d be out they’d be out of the election.

At a New Hampshire rally in October, Trump said:

This is third-world-country stuff, “arrest your opponent”. And that means I can do that, too.

In general, I’m trying to source Trump’s second-term plans to his own words and quotes from allied organizations and named advisors, rather than anonymous sources (though the Mueller Report often attached names and testimony under oath to anonymously-sourced reports Trump had labeled “fake news” at the time). But I’ll make an exception for this quote from the WaPo:

In private, Trump has told advisers and friends in recent months that he wants the Justice Department to investigate onetime officials and allies who have become critical of his time in office, including his former chief of staff, John F. Kelly, and former attorney general William P. Barr, as well as his ex-attorney Ty Cobb and former Joint Chiefs of Staff chairman Gen. Mark A. Milley, according to people who have talked to him, who, like others, spoke on the condition of anonymity to describe private conversations. Trump has also talked of prosecuting officials at the FBI and Justice Department, a person familiar with the matter said.

One person who believes this account is John Kelly:

There is no question in my mind he is going to go after people that have turned on him.

Use the military against Americans. During his administration, Trump threatened to invoke the Insurrection Act, which allows deploying the active-duty military to enforce law and order within the United States itself. (During riots and natural disasters, governors may call out their state’s chapter of the National Guard, which consists of ordinary citizens and is the successor to the “militia” mentioned in the Constitution.) According to the NYT, he was talked out of doing so by Attorney General Bill Barr, Defense Secretary Mark Esper, and Joint Chiefs Chair Mark Milley — exactly the kind of appointees he will avoid in a second administration.

Instead, Trump reportedly plans to invoke the Insurrection Act on Day One of a second term. This would put the military on call to respond wherever he found it necessary.

Turn the federal government into a patronage machine. In the early days of the United States, the government worked according to the “spoils system”, in which federal jobs were plums a new president could award to his political allies. This led to a lot of corruption and inefficiency, so a series of reforms were passed that made most federal jobs nonpartisan civil service jobs.

Trump began trying to undo the civil service in his first term. A month before the 2020 election, he ordered the creation of “Schedule F” jobs — tens of thousands of positions formerly protected by civil service rules that would become fireable by the president.

Rather than take advantage of this power grab, President Biden reversed Trump’s executive order. But Trump has pledged to restore it if he regains office. Presidents already need to make about 4000 appointments when they take office, but Trump’s plan could cover ten times as many jobs. The Heritage Foundation’s Project 2025 is assembling a database of Trump loyalists who could fill those jobs. According to Axios:

intense attention will be given to the social-media histories of anyone being considered for top jobs. Those queasy about testing the limits of Trump’s power will get flagged and rejected.

Create massive detention camps for immigrants and the homeless. Trump has pledged to conduct “the largest domestic deportation operation in American history”, a statement fleshed out by Trump advisor and speech-writer Stephen Miller, who told the NYT:

Any activists who doubt President Trump’s resolve in the slightest are making a drastic error: Trump will unleash the vast arsenal of federal powers to implement the most spectacular migration crackdown. The immigration legal activists won’t know what’s happening.

Miller is talking about rounding up not just “illegal” immigrants, deporting “millions per year”, but also revoking the legal status of many others: foreign students who participate in demonstrations Trump disagrees with, immigrants granted temporary protected status because they escaped from countries the US deems unsafe, Afghans evacuated after the Taliban takeover, and others.

To help speed mass deportations, Mr. Trump is preparing an enormous expansion of a form of removal that does not require due process hearings. To help Immigration and Customs Enforcement carry out sweeping raids, he plans to reassign other federal agents and deputize local police officers and National Guard soldiers voluntarily contributed by Republican-run states.

To ease the strain on ICE detention facilities, Mr. Trump wants to build huge camps to detain people while their cases are processed and they await deportation flights. And to get around any refusal by Congress to appropriate the necessary funds, Mr. Trump would redirect money in the military budget, as he did in his first term to spend more on a border wall than Congress had authorized.

Trump has also proposed tent cities for the homeless, who would be arrested and relocated. [8]

The threat of non-action. In addition to the things Trump is planning to do in a second administration, we have to consider the things he might choose not to do: enforce the law against groups who do violence against his opponents. From the beginning, Trump has defended his supporters when they get violent, from describing two Trumpists who beat a homeless man in 2015 as “passionate” to saying “We love you. You’re very special.” to the January 6 rioters, whom he says he will pardon.

In the early Hitler years, the more serious threat was not that the official Gestapo would whisk you away to a concentration camp, but that the unofficial Brownshirts would beat or murder you with no interference from the police. Kristallnact was not police enforcing draconian laws, but hooligans running free. If you think the Proud Boys or Oath Keepers wouldn’t like to play a similar role today, you haven’t been paying attention.


[1] On the Right, the word communist is still used this way, as when Trump promised to “root out the communists, Marxists, fascists and the radical-left thugs that live like vermin within the confines of our country”. I doubt he could define communist, Marxist, or fascist. The words are simply barbs that he throws at people.

[2] Four years after my F-word post, Trump made this point clearly in his January 6 speech:

Just remember this: You’re stronger, you’re smarter, you’ve got more going than anybody. And they try and demean everybody having to do with us. And you’re the real people, you’re the people that built this nation. You’re not the people that tore down our nation.

[3] The 2020 Republican Convention, for example, refused to write a platform that would endorse any specific policies, but declared instead that it “enthusiastically supports President Trump” and would “enthusiastically support the President’s America-first agenda” — whatever turns that might take.

any motion to amend the 2016 Platform or to adopt a new platform, including any motion to suspend the procedures that will allow doing so, will be ruled out of order

Going forward, the Republican Party would be Donald Trump, and its policies would be whatever Trump said they were.

[4] You might think Nichols’ article would have an apologetic tone, something like: “You guys were right, he is a fascist.” But no. Those of us who saw further ahead than Nichols are to blame for “the overuse of fascist” that “wore out the part of the public’s eardrums that could process such words”.

I see it the other way: Maybe if people like Nichols had taken Trump’s fascism more seriously in 2015, more of the public could have processed the threat then, and we could have avoided this whole mess.

[5] Trump supporters discount the January 6 Committee’s findings because (after Kevin McCarthy pulled all of his appointees and Nancy Pelosi named Republicans Liz Cheney and Adam Kinzinger to replace them) no members of the committee defended Trump.

What this point ignores is that nearly all the testimony heard by the committee came from Trump appointees, Republicans at the state level who supported Trump’s 2020 campaign, and even members of the Trump family. There would have been more even testimony from Trump supporters if so many (including Trump himself) had not refused to testify. Steve Bannon, Mark Meadows, Jim Jordan, and Peter Navarro went so far as to defy subpoenas.

I can’t help believing that if any of those people could have testified to Trump’s innocence without committing perjury, they would have.

The possible bias of the Committee’s report was an issue in the recent hearing in a Colorado court about whether Trump is disqualified from being on the ballot in 2024 by the 14th Amendment’s insurrection clause. The judge’s ruling noted:

while Trump spent much time contesting potential biases of the Committee members and their staff, he spent almost no time attacking the credibility of the Committee’s findings themselves. The Hearing [in Colorado] provided Trump with an opportunity to subject these findings to the adversarial process, and he chose not to do so, despite frequent complaints that the Committee investigation was not subject to such a process. Because Trump was unable to provide the Court with any credible evidence which would discredit the factual findings of the January 6th Report, the Court has difficulty understanding the argument that it should not consider its findings

[6] You might think, “A second Trump administration would just be four years, because of the 22nd Amendment.” But already during the 2020 campaign, Trump floated plans to serve more than two terms.

We are going to win four more years. And then after that, we’ll go for another four years because they spied on my campaign. We should get a redo of four years.

Doubting his intent would be repeating another mistake Germans made with Hitler: believing that he didn’t really mean what he said. Hitler’s 1925 book Mein Kampf laid out much of what he wanted to do and later did, but many Germans refused to take his writings seriously.

[7] That position is hard to square with the evidence those indictments lay out. Trump has been indicted because he committed crimes.

In practice, Trump simply does not address the evidence against him. See the quote from the judge’s ruling in note [5].

[8] In this context, it’s worth pointing out that the Nazi death camps did not start out as death camps, and did not specifically target Jews. In the beginning, the camps housed “undesirables” like Communists. Over time, the definition of “undesirable” expanded, and the limits of what could be done to them loosened.

The Evidence Against Trump is Unchallenged

Trump and his followers have said a lot about his indictments.
But their arguments have little to do with whether he’s guilty.


Since his legal troubles started, Donald Trump, his lawyers, and various conservative commentators who repeat his talking points have commented at length on his various indictments. But very few of those comments present arguments his lawyers could credibly present in court. Instead, most of what you’ll hear on Fox News are arguments intended either to move public opinion, or to intimidate witnesses, prosecutors, judges, and potential jurors.

It seems clear to me that Trump’s defenders want the public focused on anything other than the central questions the indictments raise: Is he guilty? Did he do the things he’s accused of? And if he did commit these crimes, should he be above the law?

Rather than refute the prosecutors’ evidence or offer exculpatory evidence of their own, “defenses” against Trump’s indictments mostly fall into a few other categories.

Threats. A threat is not an argument. Trump has issued many of them.

The most explicit threat came shortly after the magistrate judge warned Trump that “it is a crime to intimidate a witness or retaliate against anyone for providing information about your case to the prosecution, or otherwise obstruct justice”. He then went to Truth Social and posted “IF YOU GO AFTER ME, I’M COMING AFTER YOU!

But this extreme example is far from unique. Trump supporters have threatened prosecutors and FBI agents involved in cases against him. One Trump supporter was killed after attacking an FBI office. Jack Smith (as well as his wife) is a frequent target of Trump’s vitriol. Shortly before his indictment in New York, Trump posted a picture of himself wielding a baseball bat next to a head shot of Manhattan DA Alvin Bragg.

Attacking witnesses. Saturday it was Mike Pence’s turn, leading Jack Smith to seek a protective order controlling what Trump can do with information he learns through discovery.

Joyce Vance explains why that’s a big deal:

Some of the discovery contains personal identifying information for witnesses. If publicly disclosed, that could put them at risk of doxxing, identity theft or other harm. There is also grand jury testimony from witnesses, who might be put at risk if they find themselves suddenly in the public spotlight.

A hearing on the government’s motion is scheduled for this afternoon, but it’s hard to imagine Trump changing his behavior in response to a mere warning. At some point, Judge Tanya Chutkan will have to demonstrate to Trump that he is not in control of this process. Personally, I’d give the stern warning, along with threatening a temporary revocation of his bail should he violate her order.

Very little gets through to Trump, but I think he would find a night in jail very instructive. Putting him in jail for any length of time would give him a political issue, but one night might be an effective warning shot.

Whataboutism. What about Hillary’s emails? What about Hunter Biden’s laptop? What about these pictures of Hunter’s penis? None of this has anything to do with whether Trump is guilty of the charges against him. I doubt Judge Chutkan will allow any such arguments to be made in front of the jury.

It’s all political. Assembling evidence that Trump committed felonies is “election interference“. Indicting him for his crimes makes the US a “banana republic” — because real democracies let candidates and former presidents commit crimes with impunity, apparently. (Actually not.) Again, I doubt the judge will allow the jury to hear any discussion of the political impact of either convicting or acquitting Trump. The trial will focus on whether or not he committed the crimes he’s accused of.

Ad hominem attacks. Jack Smith is “deranged“. Alvin Bragg is “a degenerate sociopath that truely hates the USA.” Fani Willis is “racist“. Countless people are “Trump haters”. Adam Schiff is a “pencil neck” and “sick”. Bill Barr is a “gutless pig“. But if Smith, Bragg, and Willis have the goods on Trump, their personal qualities won’t matter in court.

In addition to these obviously irrelevant arguments, Trump and his people make several arguments that may sound as if they are based in law, but actually aren’t. If Trump’s lawyers make these arguments in motions, judges will dismiss those motions out of hand, and juries will never hear these points.

Such as:

Trump has been indicted for exercising his First Amendment rights. Nope. This claim should not fool a first-year law student, much less a federal judge.

Trump has been indicted for, among other things, fraud. Fraud involves deception, and deception often takes the form of spoken lies. But lies that contribute to fraud are not “free speech”.

For example: If I falsely tell you the painting on my wall is an original Picasso worth millions of dollars, that’s just bragging, which I have every right to do. But if I then sell the painting to you for millions of dollars, that package of speech-plus-action is fraud.

Here’s how that “gutless pig” Bill Barr explains it:

As the indictment says, they’re not attacking his First Amendment right. He can say whatever he wants. He can even lie. He can tell people that the election was stolen when he knew better. But that does not protect you from entering into a conspiracy.

BTW: This next point may be as legally irrelevant as the things Trump is saying, but take a step back and recognize how breathtakingly unique his argument is. I’m sure Trump won’t be the first politician to claim in court that he has a First Amendment right to lie to the American public. But I doubt anyone has ever asserted that right while actively campaigning for office and expecting people to believe the things he’s saying now.

Trump didn’t lie, because he believed what he was saying. This is only relevant if Trump is planning an insanity defense, because he had no rational basis for such beliefs. The law doesn’t recognize absurd beliefs, no matter how fervently you hold them. (“Your honor, I thought pointing a gun at a teller was the normal process for making a withdrawal.”)

Trump’s own attorney general (and that AG’s successor) told him that his stolen-election claims were baseless. So did his White House counsel, the head of his cyber-security agency, the Republican secretaries of contested states like Georgia, and numerous people inside his campaign. On the other side of this question were clowns like Sidney Powell and the My Pillow guy. (As Philip Dick wrote in Valis: “Certainly it constitutes bad news if the people who agree with you are buggier than batshit.”)

This argument also runs into the two-wrongs-don’t-make-a-right principle. Former Assistant US Attorney Randall Eliason explains:

Even if he sincerely believed there was fraud [in Biden’s victory], that wouldn’t mean he could use illegal methods to overturn the result. If I honestly believe a bank had cheated me and owes me money, that doesn’t mean I can rob the bank to get my money back.

Trump just took bad legal advice. Bill Barr rephrased this point more accurately:

He would search for a lawyer who would give him the advice he wanted.

Trump was not simply a victim of what Mike Pence has called “crackpot lawyers“. He was an eager customer of crackpot lawyers.

Again, why didn’t he take more seriously the opinions of his own White House counsel and his own Justice Department? And when it came to the fake-elector scheme, any fool should have seen that it was illegal: Having people sign fake certificates attesting to something false, and then passing those certificates off as real in hopes of gaining something of value (like the presidency) — that’s textbook fraud.

He can’t get a fair trial. We’ve been listening to Trump for eight years now, so certain elements of Trumpspeak are easy to translate: “Fair” means grossly biased in his favor. He’s “treated fairly” only when everyone agrees to let him win.

So this is what the Trump camp has been saying lately about “fairness”:

  • He can’t get a fair trial in D.C., because the jury pool has too many Democrats. (And Black people: I can’t think of any other way to read Marjorie Taylor Greene’s claim that D.C. residents are “not his peers”. Trump is a private citizen. Why would any American not be his peer?) He also can’t get a fair trial in New York.

    What would be a fairer venue? West Virginia, because its three-percent Black population makes it “much more diverse“. Trump won West Virginia in 2020 by 40%. But if Trump wanted to be tried in West Virginia, he should have committed his crimes there.
  • He can’t get a fair trial from this judge, because she was appointed by Obama, ruled against him in a previous case (where he was wrong; her ruling was upheld on appeal), and has given harsh sentences to January 6 rioters. Way back in 2016, he couldn’t possibly get a fair trial in the Trump University fraud case because the judge was Mexican. He has also denounced “Obama judges” in general when they ruled against him.

However, Trump and his lawyers never mention the biggest reason he can’t get a fair trial on these charges: He’s guilty. Juries have an explicable bias against guilty people.

What does this mean? Jack Smith’s latest indictment — like the previous Trump indictments — presents compelling evidence that Trump committed several crimes. In spite of talking and posting constantly about that indictment,Trump has not challenged that evidence in any material way or offered countervailing evidence of his innocence. I draw two obvious conclusions from this:

  • Trump is guilty of the charges against him.
  • He isn’t really trying to win in court. His strategy is to delay his trials until after the election, win the election, and then use his presidential power to obstruct justice.