Trump goes full dictator

January 28, 2025

Trump has broken faith with the Constitution. He is no longer operating within the pale of the law. On Monday, January 27, Trump dropped all pretense of being a “president” within the meaning of Article II of the US Constitution and began wielding power for his own benefit and without regard for constitutional restrictions.

In two lawless actions on Monday, the acting US Attorney for DC announced an internal investigation into DOJ prosecutors who investigated and indicted January 6 insurrectionists. And the Acting Attorney General fired more than a dozen prosecutors who worked on the investigations and indictments of Donald Trump.

It is clear that Trump has ordered the Department of Justice to seek vengeance against career prosecutors who acted with integrity and professionalism in prosecuting Trump and those who assaulted the Capitol on January 6.

The notion of any president directing the DOJ to make prosecutorial judgments has been unthinkable under post-Watergate legal norms. However, the notion of a president directing prosecutorial decisions of the DOJ to further his own political interest is antithetical to core principles of the Constitution. The president’s swears an oath to “faithfully execute the Office of President of the United States”—no part of which involves elevating his personal interests above those of the nation.

In a separate action taken late Monday evening, Trump ordered a freeze on all federal grants and loans (by way of a memo from the acting head of the OMB). See WSJ, White House Orders Pause of Federal Financial Assistance Programs. (Per the WSJ, the order directs all agencies to “temporarily pause all activities related to obligation or disbursement of all Federal financial assistance, and other relevant agency activities that may be implicated by the executive orders, including, but not limited to, financial assistance for foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal.”)

Trump's order from the OMB violates the Impoundment Control Act of 1974. Trump doesn’t care. Neither do congressional Republicans. And the ruse that the pauses are “temporary” does nothing to diminish the fact that impoundments are illegal and unconstitutional.

The impoundment of appropriated funds is a constitutional crisis on a fast track to the Supreme Court. For an excellent discussion, see Steve Vladeck, One First (Substack), The Impoundment Crisis of 2025. (I will return to this topic in later editions of this newsletter, but Vladeck covers the subject in detail.)

While some presidents have secretly used the FBI, IRS, and DOJ to investigate their political foes, no president in the history of our nation has publicly ordered the DOJ to investigate his perceived political enemies, much less fire them.

It is time for the institutions fighting for democracy to drop the niceties and begin calling Trump for what he is: a dictator. Many institutions are still treating Trump as though he is a “normal” president, albeit one subject to making impulsive, ignorant statements. Criticizing his actions is not enough. The story of his first week is not that “Trump has shaken things up,” or that he is “flooding the zone.” It is that Trump has begun to ignore the law at whim.

It is also time for the legal profession to speak out. The members of the bar who are facilitating lawless actions must be subject to public condemnation and formal reproval. The leaders of the bar have a special obligation to speak out. They must serve notice on attorneys everywhere that there will be reputational, professional, and licensing repercussions for taking positions that violate the Constitution or deliberately flout the law. The revolving door at Big Law must be closed to attorneys who enable dictatorial actions antithetical to the Constitution and the rule of law.

Trump is unable to act like a dictator unilaterally. He needs the consent, acquiescence, and apathy of enough people to frustrate the normal operation of constitutional and legal checks and balances.

We must not grant that assistance to Trump. We must resist. We must say in plain language that he is acting like a dictator who holds himself above the law. Whether he gets away with the audacious gambit is up to the people from whom all constitutional power flows. Let’s make our voices heard!

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Trump's firing of career prosecutors is illegal.

On Monday, the termination of a dozen federal prosecutors also broke the law—because the long-term staffers were part of the federal civil service. As such, they can only be fired for cause. But the statement from the Acting Attorney General said that they were being fired because the AG “did not trust them to implement the president’s agenda.” See CNN, Toobin: Some Trump DOJ firings may be illegal.

If you watch the CNN link above, one of the CNN commentators (Alyssa Farah Griffin) suggests that the firings “won’t raise a lot of eyebrows among Republicans because he did say he was going to do this.”

To be clear, Trump saying on the campaign trail he was going to do something that is illegal does not make it any less illegal. And Republicans should “raise their eyebrows” when the president acts in an illegal manner. But Alyssa Farah Griffin has apparently left her sense of outrage at the studio door—which is why CNN (a.k.a. Fox Lite) may be the next legacy media outlet to go out of business.

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Trump's asserted reason for mass deportations is false

Trump claims that 10 million immigrants must be deported because they are violent criminals who continue to commit crimes while in the US awaiting deportation. Predictably, the sweeps have caught up a significant number of immigrants who have not committed crimes. See NBC News, ICE agents search for those with criminal histories but say 'collateral arrests' are possible.

Per NBC,

However, just 613 of the 1,179 people arrested Sunday — nearly 52% — were considered “criminal arrests,” a senior Trump administration official said. The rest appear to be nonviolent offenders or people who have not committed any criminal offense.

The fact that 48% of those arrested on Sunday did not have criminal records for violence demonstrates the ICE agents are making indiscriminate arrests to play to the television cameras. Indeed, the Trump administration advised ICE agents to make themselves “presentable” to be filmed on television. See CNN, Federal agents in immigration operations told to be camera-ready as hundreds arrested.

As I wrote yesterday, Trump has moved beyond “Cruelty is the point” to “Cruelty is entertainment for Trump's base.”

Trump's mass deportation policies are spreading fear throughout immigrant communities—including those gathering in places of worship. A group of Quaker affiliated plaintiffs filed a lawsuit against the Trump administration for allowing raids to take place in sensitive places, including “houses of worship.” See MSN, Quakers challenge Trump order allowing immigration raids at religious sites.

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Trump signs order clearing path to banning transgender people in the military

As expected, Trump has signed an order requiring the Pentagon to explain why transgender people advance the military’s stated objective of being “ready for deployment” in thirty days. See CBS News, Trump signs executive orders on military DEI, trans service members, COVID.

Per the CBS article,

The president also signed an executive order directing the Pentagon to determine a policy for transgender service members based on readiness within 30 days. The action does not immediately ban transgender service members, however, it does state that the Defense Department's policy for troop readiness is "inconsistent with the medical, surgical, and mental health constraints on individuals with gender dysphoria."

The executive order is a ruse designed to give the Pentagon a reason to reverse its current policy of allowing transgender people to serve in the military. One estimate places the number of transgender people in the military at 15,000.

The policy is not only depraved, but it will also weaken the military’s preparedness. The US military has been in a recruiting crisis for years because most recruits fail to meet the physical or educational standards required for enlistment. Per Military.com,

[T]he Army's struggles have mostly been attributed to young Americans not qualifying for service, either failing to meet body fat or academic standards.

To meet the recruiting crisis, the Army has instituted “preparedness boot camps” that work with recruits to get them into physical shape and to help them pass the Army’s SAT-style entrance exam. Again, per Military.com,

The idea is to meet young Americans where they are, getting them into shape or providing them critical tutoring for the SAT-style entrance exam as test scores in schools have been falling for years, particularly for boys.

Against the recruiting crisis backdrop, forcing transgender people out of the military who have already met the military’s physical and educational requirements is just plain stupid—in addition to being illegal and morally wrong.

And then there is the hypocrisy. The executive order asserted that being a transgender person is inherently at odds with “a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life.” See Erin in the Morning (Substack), Trump Military Ban Says Being Trans Conflicts With "Honorable, Truthful, Disciplined Lifestyle".

As noted by Erin in the Morning, the impending transgender ban will be implemented by Pete Hegseth, who has a demonstrated history of sexual assault, serial infidelity, alcohol abuse, misogyny, and Islamophobia. And let’s not forget about the Commander-in-Chief, who paid off a porn star with whom he had a sexual encounter while the current First Lady was at home with the infant Trump, and who lost a civil defamation case in which the jury found Trump had sexually abused E. Jean Carroll.

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List of companies rolling back DEI initiatives

Axios has published a list of companies that have rolled back DEI initiatives. Axios also identifies companies that have recently re-affirmed their commitment to diversity and inclusion. See Axios, Which companies are rolling back DEI and which are standing firm

The companies that took the first opportunity to ditch their commitment to diversity and inclusiveness in the workplace include the following:

• Amazon

• Boeing

• Caterpillar

• Ford

• Harley-Davidson

• John Deere

• Lowe’s

• Coors

• McDonald’s

• Meta

• Nissan

• Stanley Black & Decker

• Target

• Tractor Supply

• Toyota

• Walmart

Companies that have publicly defended the existing commitment to DEI include:

• American Airlines

• Southwest Airlines

• United Airlines

• Delta Airlines

• Apple

• Cisco

• Costco

• Salesforce

Now you know. While it is impossible to boycott all of the companies that have turned their backs on DEI, strategic communications can make a difference. And don’t forget to thank the companies that are honoring diversity and inclusion in the workplace.

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Join me for “Reader Meetings” in London and Edinburgh

Jill and I will be in London, England, on March 2 and in Edinburgh, Scotland, on March 8. We would love to meet with readers in an informal setting to discuss events in the US and to learn about the views of Americans living abroad.

If you are interested in attending the London meeting on March 2 (which will take place sometime early afternoon to early evening), please sign up here: Reader Meeting - London March 2

If you are interested in attending the Edinburgh meeting on March 8 (which will take place before noon), please sign up here: Reader Meeting Edinburgh - March 8

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Opportunities for Reader Engagement

Big Tent USA discussion with Sarah Longwell

Join BigTentUSA on January 30th at 5pm ET for a compelling conversation with Sarah Longwell, Publisher of The Bulwark, as we unpack the first 10 days of the Trump administration part two. From major policy moves to early signals about the administration’s priorities, Sarah will explore what these initial actions reveal about the next four years, AND what we can do.

Sarah will also share insights into the key figures shaping the administration, their influence, and the dynamics within the White House. This conversation will offer an expert perspective on the critical developments and what they mean for the future of America.

Please use this link to register.

BigTentUSA is a woman-led pro-democracy organization focused on empowering Americans to be civically engaged in their communities, states and nationally.

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A request for support for Protect Democracy

I received the following note from longtime, trusted readers who are raising money for Protect Democracy:

A group of New York City moms who fundraise for democratic causes is working on behalf of Protect Democracy with a goal of raising $75,000 to help their efforts to fight Trump's unconstitutional acts in the courts. Here is their outreach:

As a reader of this newsletter you understand that our democracy is in danger. Protect Democracy is a nonpartisan organization founded in 2016 by former White House officials dedicated to defending democratic values and institutions in the United States. The organization employs litigation, legislative advocacy, and strategic communications to counter authoritarian threats and uphold the rule of law. Protect Democracy’s work is more important than ever, holding the administration accountable through legal challenges and advocacy.

Many experts have argued that during this perilous time our most important guardrails are the courts. If you would like to support the work of protecting free and fair elections, defending the rule of law, safeguarding the public square, and shaping the future of democracy, we urge you to make a donation to Protect Democracy today.

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Concluding Thoughts

Trump's order freezing all federal grants and loans raises an existential question for our constitutional republic. Under Trump's theory of the case, Congress appropriates funds, and then Trump can spend the money however he pleases without regard to the painstaking budgeting process undertaken by Congress.

In the enumeration of congressional powers in Article I, the Constitution states:

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law

The Constitution thus grants Congress the power to appropriate money. Trump wants to arrogate that power unto himself by declaring that he can withhold money appropriated by Congress and—this is implied—use that money for some other purpose.

If the Supreme Court were to accept Trump's theory, it would amount to a wholesale restructuring of the Constitution and of our republic.

Here’s my point: Trump's claim that he has the power to override congressional appropriations is like his claim that he can abolish birthright citizenship: It is specious, risible, ridiculous, fatuous, and ignorant. If the Supreme Court were to uphold Trump's claim, the Court would effectively guarantee that it would be neutered at the first opportunity—either by enlargement, term limits, or limitation of its appellate jurisdiction.

For the second time in a week, Trump has overreached so badly that he has essentially ensured that he will lose in the Supreme Court. So, as we endure the chaos that will be created by his nearly incomprehensible order, we should be confident that Trump has gone too far, even for this compromised, corrupt, ethically challenged Supreme Court.

Talk to you tomorrow!

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Daily Dose of Perspective

After 48 hours of rain and gentle breezes, the skies over Los Angeles are as clear as they get. I attempted to photograph the Rosette Nebula a few weeks ago and captured a disappointing image that was not worth sharing. But with the clear skies tonight, the Rosette Nebula popped into view after a few minutes of imaging and continued improving over the next hour. See below.

The Rosette Nebula is 5,500 light-years from Earth. It appears to be about five times the size of our moon and is visible through binoculars under dark skies. The “hole” in the nebula's center is 30 light-years across and is produced by stellar winds generated by young stars forming in a “stellar nursery.”

Enjoy!