· 7 min read
Vengeance is mine, sayeth Donald J Trump! And, it is so!
If there were ever doubts about the power of the presidency, they’ve been settled by the election of Donald J Trump as the 47th president of the US. It is truly astonishing what Trump has wrought in the first 80 days of his second administration – although “reign” might be a more appropriate word. At least, he would like to think so.
In less than 100 days, Trump’s managed to divide the “free world” against itself, discriminately rip apart pieces of the federal government that offend him, shift the budgets of NATO nations from butter to guns, lay claim to countries that don’t belong to him – asking them to give up their sovereignty (or else).
Wait, it's not the whole story. The US is now engaged in tariff wars with our closest allies, causing the markets to drop as a warning of a possible recession and for no other reason than to please the president.
“We are facing the most significant crisis of our lifetime because of President [Donald] Trump’s unjustified trade actions and his threats to our sovereignty,” · Canadian Prime Minister Mark Carney
Whims are not the only "promises made, promises kept" of the 47th president – or as he likes to think – in the reign of Donald the First. I doubt that he's agreed to become part of the British Commonwealth, believing he can become the next – dare I say – king of England. (Charles, watch your backside.)
Chaos is the currency of this administration – hoping that once they restore order, people will forget who created the problems in the first place. It’s a tried-and-true formula. It’s especially true when you have command of the military, a willing and dysfunctional legislature, and control of the courts.
Trump has managed two of those three truths in less than 100 days. Now, his gambit is to take over the courts – not just the courts. He's making moves on the legal profession, hoping to prevent defendants from finding legal representation. As well, he and his cabal are looking to remove and replace judges whose decisions don't comport with Trump's opinion of himself.
Following Judge Boasberg’s order to stop deportations under the 200-year-old Alien Enemies Act (AEA), Attorney General Pam Bondi said the Justice Department would consider taking action against Boasberg.
Border Czar Tom Homan, who's yet to be confirmed, said: I don’t care what judges think. Trump's call to impeach Judge Boasberg was ominous enough to cause Chief Justice of the Supreme Court Roberts to question the president’s words.
"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.” · Chief Justice John Roberts
Secretary of Defense Hegseth, whose qualifications for the position include being a FOX News contributor and unabashed Trump loyalist, ordered the separation of all transgender military personnel from the services. The reason was his unfounded opinion that only heterosexuals are fit to defend the nation and democracy. He believes the same of LGBTQ+ members of the military.
As often happens, a federal judge had a different opinion of the situation. According to US District Court Judge Ana Reye:
“The Military Ban is soaked in animus and dripping with pretext. Its language is unabashedly demeaning, its policy stigmatizes transgender persons as inherently unfit, and its conclusions bear no relation to fact.” (Emphasis added) · Judge Ana Reye
Judge Reye’s words perfectly describe the forces driving the second Trump administration during its first 100 days. The Trump whirlwind is a political blitzkrieg against friends and foes alike.
The chaos and frenzy of these first days of the Trump 2.0 have seemingly sucked the air out of the congressional Democrats and traditional conservative Republicans. Appeasement, rather than opposition, is the watchword of these early days. Members of Congress are hardly alone in their reaction. Universities, corporations, and the leaders of other nations have followed suit.
It’s not hard to understand how the president and his minions are accomplishing their objectives. To put it simply – it’s through extortion and fear. The might of the US is not to be trifled with when Donald Trump’s in charge.
Of all the many threats to the democratic order, I see Trump's executive orders directed at private sector law firms and the capitulation of one of the most prominent law offices in the country – Paul, Weiss – as perhaps the most ominous.
As reported, Trump “issued an executive order that suspended the firm's lawyers from holding security clearances, terminated any of its federal government contracts, and prevented its employees from entering federal government buildings on national security grounds.”
“We have a lot of law firms that we’re going to be going after because they were very dishonest people.” · Donald J Trump
The firm capitulated rather than fight the order, promising to provide the White House with $40 million in pro bono legal services on issues dear to the president.
Trump’s attack on Paul, Weiss came just days after a federal judge in Washington “ruled that the nearly identical order against Perkins Coie was likely unconstitutional and issued a temporary restraining order blocking it from taking effect.”
Following his victory over Paul, Weiss, the president has gotten more aggressive in his efforts to undermine the judicial system. In a recent executive order, Trump stated:
“I hereby direct the Attorney General to seek sanctions against attorneys and law firms who engage in frivolous, unreasonable, and vexatious litigation against the United States.”
It’s not surprising Trump is trying to limit the involvement of the courts in his business. Impeachment of judges is a real long shot. Even if the House voted to impeach, the Senate would be very unlikely to agree.
“The first thing we do is, let’s kill all the lawyers.” · Dick the Butcher
A second, and perhaps THE better plan, is to go after the lawyers. He's doing it by giving the attorney general license to make an example of somebodies. Who defines what's frivolous and when? The US Attorney General was chosen for her loyalty to the president – some say rather than the US Constitution. There's nothing subtle in the message or the means.
Attempt to stop me and I’ll throw the might of the federal government after you.
According to the New York Post, the Trump administration already faces over 100 lawsuits. Every time a new executive is issued, lawyers start lining at the courthouse doors.
Ask yourselves this. If one of the largest, wealthiest, and best politically connected with some of the brightest lawyers couldn't withstand the attack, what chance do average lawyers representing progressive causes have? It's a question whose answer involves careful thought and preparation – ahead of time.
If all of this, by which I mean Trump 2.0, weren’t chilling enough for climate and other progressive causes weren’t enough, there’s the recent decision by a North Dakota jury that Greenpeace must pay $666 million and change “to a pipeline company in connection with protests against the Dakota Access oil pipeline.”
The company, Energy Transfer, claimed defamation of character, trespass, nuisance, civil conspiracy, and other acts. (I wonder if the jury knew the biblical significance of the number 666?) The decision in the Greenpeace case is going to encourage fossil fuel companies to file similar suits in other states.
The moral of this story is not to stop being activists. There's already enough passivity on Capitol Hill. The message is straightforward -- careful because the administration could come after you from many directions. So, be prepared.
Strategize ahead of time about your vulnerabilities and do something about them. If you're hiring attorneys, consider how vulnerable they might be to Trumpian pressures.
Two Republican administrations have attacked me, so I speak from experience. And I learned two things from my encounters. First, being ultimately vindicated can be both expensive and of little consolation.
Second, and far more critical today, appeasing a bully only encourages the bully. You have to stand up to them. You might lose, but it's the only chance of winning.
This article is also available on Civil Notion. illuminem Voices is a democratic space presenting the thoughts and opinions of leading Sustainability & Energy writers, their opinions do not necessarily represent those of illuminem.
