Take a breath. Pat yourself on the back. Get back to work. Repeat!
January 30, 2025
1. Take a breath. Seriously. Take a deep breath and relax.
2. Pat yourself on the back. The overwhelming outcry from the American people stopped Trump's power grab (for today).
3. Get back to work! We won an important battle, but there is much work to be done.
4. Repeat.
Wednesday was a bizarre day in American politics. Trump attempted to demote Congress to a subordinate role and to deny the American people hundreds of millions in critical funds approved by Congress. The American people spoke out in righteous indignation. The people prevailed. The details matter, but the takeaway is that the people prevailed because they rose up en masse. We must internalize the message and replicate the strategy.
The pace of events on Wednesday was dizzying. Rather than attempt to cover all details, I will focus on the broader narrative while citing sources for underlying details.
Here is the arc of events from the 60,000-foot level:
On Monday, the Office of Management and Budget issued a two-page memo that purported to “freeze” disbursements of all federal grants and loans.
On Tuesday, the seismic implications of the OMB order came into focus. A national outcry arose, and the administration began to walk-back the OMB memo by claiming that certain programs were excepted. See the excellent coverage of details by Jay Kuo in Status Kuo (Substack), The Incompetent Liars.
On Tuesday, a group of plaintiffs filed a lawsuit in federal court challenging the authority of OMB and the president to freeze disbursement and spending of funds previously appropriated by Congress. US District Judge AliKhan issued an “administrative stay” of the effectiveness of the OMB memo until Monday, February 3.
In a separate federal lawsuit, a group of twenty-two state attorneys general requested a stay of the OMB memo. US District Judge John McConnell set a virtual hearing for Wednesday afternoon at 1:00pm.
On Wednesday morning, in response to public outcry, the author of the original OMB memo issued a new memo that purported to “rescind” the freeze.
Later Wednesday morning, White House press secretary Karoline Leavitt tweeted that the freeze was still in effect, notwithstanding the purported rescission. Leavitt tweeted,
“It [the second memo] is simply a rescission of the OMB memo. Why? To end any confusion created by the court's injunction.
The President's [executive orders] on federal funding remain in full force and effect and will be rigorously implemented."
Leavitt also said, “This action should effectively end the court case and allow the government to focus on enforcing the President’s orders on controlling federal spending.”
At the hearing before Judge McConnell, DOJ attorneys defended the freeze by saying, in part, that the lawsuit was moot because the original freeze memo had been rescinded.
The state attorneys general argued that the tweet by Karoline Leavitt proved that the freeze was still in effect.
Judge McConnell agreed with the state attorneys general that Karoline Leavitt’s tweet suggested that the freeze was still in effect. Judge McConnell stated his intention to sign an order temporarily staying the effectiveness of the original freeze memo. See The Hill, Judge signals toward granting Dem challenge to OMB freeze after order rescinded.
In sum, the original freeze memo (a) has been rescinded, (b) is subject to an administrative stay by Judge AliKhan until Monday, and (c) will be subject to a temporary restraining order from Judge John McConnell.
Despite Karoline Leavitt’s claim that the freeze is still in effect, the rescission of the freeze removes the immediate threat of unilateral cuts to previously appropriated funds. Americans can breathe a temporary sigh of relief and enjoy a moment of satisfaction that their outcry made a difference.
But . . . discussion of this story would not be complete without acknowledging the widespread fear, anxiety, and chaos caused by the on-again-off-again status of the freeze. I spoke to readers who feared for their jobs and worried about the ability of their employers to make payroll. Others were concerned about educational and research funds. Others were simply overwhelmed by the systemic uncertainty about who—if anyone—is in charge of the federal appropriations process.
As I wrote in yesterday’s newsletter, emotions are high. Readers feel whipsawed by events seemingly motivated by the twin forces of sadism and incompetence. A few readers wrote emails that radiated white-hot anger. Others said they were crying as they typed. Still, others said they were disengaged because they could no longer tolerate the chaos.
Those emotions are understandable, even reasonable, in the face of such chaos. I won’t say that readers should feel differently than they do. But I will emphasize that sanity prevailed for the expected reasons: The American people will not stand for arbitrary cruelty and gross incompetence. There is a positive, reassuring signal beeping faintly from beneath the smoldering ashes of Trump's OMB memo dumpster fire.
Stay strong. Take a deep breath. We made it through one of the most difficult, bizarre days in American political history. Take satisfaction in that small victory and prepare to fight again tomorrow!
Secretary of Defense Pete Hegseth’s initial actions focus on racism, sexism, and revenge
Critics of Pete Hegseth warned that he would pursue an agenda of racism, sexism, and white nationalism in the military. And as a loyal supplicant of Trump, he could be counted on to pursue Trump's prime directive of vengeance. All of that has come true, as predicted by critics.
On Wednesday, Hegseth ordered that the military suspend all observances or recognition of the following holidays:
Martin Luther King Jr. Birthday
Holocaust Remembrance Day
Black History Month
Juneteenth
Women’s Equality Day
National Hispanic Heritage Month
Pride Month
National Disability Employment Awareness Month
Asian American Pacific Islander Awareness Month
American Indian Heritage Month
At the same time that Hegseth is prohibiting observance of nationally recognized holidays, Hegseth is reportedly considering re-naming military bases for disgraced Confederate “heroes” who were insurrectionists and are symbols of the South’s effort to maintain slavery. See HuffPo, Pete Hegseth Hints At Restoring Original Confederate Names Of U.S. Military Bases.
Per HuffPo,
In his first remarks as President Donald Trump’s defense secretary, Pete Hegseth referred to two U.S. military bases by their former Confederate names, appearing to hint that he might possibly restore them.
The message that Hegseth is sending is clear: He is promoting white supremacy in the US military. Nothing could be more corrosive to military readiness, good order, and discipline.
Hegseth is wasting no time to pursue Trump's agenda of vengeance. One of his first acts was to strip General Mark Milley of his security detail and to order an investigation into Milley to determine if he should be demoted (in retirement). See NPR, Hegseth strips Milley of his security detail, orders investigation into his conduct.
Trump hates General Milley, the former Chair of the Joint Chiefs of Staff, because Milley spoke to Bob Woodward before retiring. Per the NPR article,
Before he retired, Milley spoke with Washington Post reporter Bob Woodward for his book about Trump.
"No one has ever been as dangerous to the country as Donald Trump," the general told Woodward. "Now I realize he's a total fascist. He is the most dangerous person in this country."
Unfortunately, truth is not a defense in the military proceeding to retroactively strip Milley of his four-star ranking. It will be a shameful day for the military when it bows to political pressure to exact revenge on Trump's behalf.
Where are the lawyers?
At a hearing on Trump's executive order purportedly banning birthright citizenship, the federal judge was gob-smacked that DOJ attorneys could keep a straight face while arguing that the Constitution did not guarantee birthright citizenship. Judge Coughenour said,
I’ve been on the bench for over four decades. This is a blatantly unconstitutional order. Where were the lawyers when this decision was being made?
Judge Coughenour’s plaintive question recognizes the special role lawyers play in maintaining the rule of law—and the lawlessness that ensues when honest lawyers are missing in action.
Four hundred years earlier, Shakespeare made the same point in Henry VI, Part II, when the villainous character Dick describes the anarchy that will follow if their rebellion against the King is successful. Anticipating anarchy, Dick says, “The first thing we do, let’s kill all the lawyers.”
While the phrase is often cited to suggest that Shakespeare was condemning lawyers, the opposite is true: Shakespeare was acknowledging that a precondition to anarchy is eliminating those who defend and administer the law, i.e., “the lawyers.”
Trump's lizard brain has grasped the point that “getting rid of the lawyers” is essential to his lawless agenda. Since Trump can’t literally “kill all the lawyers,” he has done the next best thing: He has corrupted, compromised, and seduced faithless officers of the court who violate their oaths by placing loyalty to Trump above loyalty to the Constitution.
On Wednesday, we saw more evidence of faithless lawyers willing to do Trump's bidding. Attorneys at the DOJ asked the 11th Circuit Court of Appeals to dismiss the indictments against Walt Nauta and Carlos De Oliveira, who are accused of assisting Trump in concealing national security documents that Trump wrongfully retained after he left the White House. See NPR, DOJ wants to dismiss case of 2 men indicted for allegedly helping Trump.
While Trump may have immunity courtesy of John Roberts, his co-conspirators do not. They committed separate crimes, including obstruction of the FBI investigation, that should be prosecuted. There is no legal basis to request the dismissal of the indictments. Rather, the DOJ attorneys are requesting dismissal because Trump told them to do so—a legally insufficient and corrupt reason.
But they have acquiesced in Trump's illegal request, claiming that they are eliminating the “weaponization” of the Justice Department—a code word for any action that seeks to hold Trump accountable for his crimes.
Also on Wednesday, the DOJ moved to drop charges against a GOP former US representative who accepted $30,000 in illegal foreign contributions. The lawmaker lied to the FBI about the contributions. Trump claimed that the charges were “baseless” and involved “a tiny amount of money.” The DOJ attorneys gave no reason for the request to dismiss the case. However, Trump posted a statement saying that the dismissal was necessary to stop the “weaponization” of the Justice Department.
The legal profession is in crisis. Trump's dictatorial agenda is being carried out by hundreds of attorneys willing to break their oaths to the Constitution. Although the profession made some efforts to address the unethical conduct of lawyers like John Eastman and Rudy Giuliani, those actions were excruciatingly slow. The legal profession must do better this time around. It must act more quickly and decisively. It must not be afraid to speak out against actions that are obviously baseless, illegal, and corrupt.
If you are an attorney reading this plea and want to help, I suggest that you check out Lawyers Defending American Democracy. LDAD’s mission statement is simple: A coalition of lawyers united in the defense of our democracy.
Be part of the solution. Help the legal profession reverse the corrosive effect of faithless lawyers on an honorable profession that even Shakespeare recognized was essential to maintaining the rule of law.
Concluding Thoughts
There is much more to discuss, but I have run out of time. I will cover the confirmation hearings of Robert Kennedy and Kash Patel in the Friday edition. I will also address developments in the immigration raids, including Trump's order to create an off-shore, extra-constitutional prison at Guantanamo Bay to hold 30,000 immigrants arrested in the US.
The collision of a helicopter and a passenger jet over the Potomac in Washington D.C. is a tragedy that reminds us that our safety depends on the good work and expertise of millions of federal employees.
If you are experiencing burnout or emotional fatigue, action is the antidote to anxiety. Laura Brill of the Civics Center has suggested an outlet for anxious democrats in her Substack essay, Burnout is real. The remedy is pro-democracy work.
Brill writes,
Yes, it’s been a shocking and disorienting few months. I’m doing my best every day to remember and commit to core values and the mission of my work: to make voter registration part of every high school in America.
In the face of all this, though, high school voter registration remains important. Why? Because democracy is important. Because the power to press back against authoritarianism is in our hands. Because genuine progress is possible and individual and collective effort can make a real difference.
It’s important because young people are needed in the fight, and it’s on us to help them understand their rightful political influence. It’s on us to embody the ideals of equal dignity and respect that underpin democracy, and it is vital to the future of our country. Young Americans are that future, and they are searching for hope and meaning amidst the chaos. I believe we can provide it.
Registering high school students to vote is a great way to fight burnout and anxiety—because it is a long-term, forward-looking investment in democracy. Our efforts to bring young people into the conversation will bear fruit long after today’s troubles are forgotten.
So, whether it is volunteering to help the legal profession to right itself through LDAD and other groups, registering new voters as they graduate high school, writing postcards, or engaging in collective action, the antidote to the stress of this moment is action—especially action in community.
That’s the best I can do for tonight. It has been a long day. I will talk to you tomorrow!
Daily Dose of Perspective
I am recycling Hubble’s Variable Nebula due to cloudy skies in Los Angeles. I picked this photo from my archive because it reminds me that each of us needs to be a beacon in the darkness.
I was glad that Trump ignored the plans of his COS Susie Wiles who wanted a slower roll out of his EOs, because by going for shock and awe he revealed to all the people who did not know or had been in denial of his plans, that his plans are going to effect everyone in the country in one way or another. Businesses were in shock because that much money removed from the economy would effect their bottom lines. Our medical system is also not prepared to lose that much money, and even the super rich will be affected if they have to fly to another country every time they get sick, unless they plan on abandoning their American homes. If you are going to do that, why influence the politics in the US at all anyway? Hospitals will shut down, not offer as many services when huge amounts of money are taken out, things that DT does not think about. Schools shutting down, and the ICE raids are making clearer to delusional immigrants who for whatever reason decided to support DT, and now find out that anyone, even citizens are at risk of being picked up and deported if they go anywhere without the proof on them. Harder for children to do.
I am even more glad that the freeze was placed on it by a Republican judge and that Trump has to withdraw his money freeze. My friend shared with me her university's letter to the faculty telling them to continue using their grant monies as they have been until further notice.
My husband shared his university's 2 letters to faculty. The first telling them only to use grants for salaries right now, and not for travel, conferences, supplies, until further notice. The second told them that they could go back to using the funds as they had planned until further notice because the freeze had been withdrawn.
There has not been one action that has surprised me because I have read Project 2025. I had the advantage of reading it in a political book club and we are a support group for each other, as well as planning on our support actions together. I really recommend that everyone read this document, at least the chapters that seem most relevant to your lives, because this is the blue print for at least the next 4 years, unless Americans get it together to insist on Trump being impeached and removed from office and tried. Let South Korea be an inspiration.
Another question we should be asking is “where are General Milley’s brothers-in-arms? They should be standing beside him in defiance of Hegseth’s recent actions. From the General staff to the lowest ranks of enlisted members of the military, American warriors seem to have gone AWOL on the matter of the oath they all swore to protect and defend the Constitution against all enemies foreign and DOMESTIC as General Milley did and continues to do. We should all, active duty and retired, be standing shoulder to shoulder in support of General Milley in unified defiance of Hegseth’s fascist orders in violation of the rule of law and moral conscience.