16 Comments

The judge handling this case will pursue this—he’s a well-respected former federal prosecutor and the Chief Judge of a bench that’s been very tough on Trump (see,e.g., Judge Beryl Howell) and watched in horror as Trump pardoned the 1/6 convicts they had sentenced, harshly. I think he will engage in illuminating fact finding because the facts are so horrendous as to compel it and Trump’s BS excuse (‘too late’) is so contemptuous.

Expand full comment

I say without snark or ego, and more or less with a sense of deep sadness that "I told you (plural) so." It has always seemed to me a matter of simply adding up the obvious things we know about Trump&Co (Inc) that they, like any other heartless predatory abusers, would work with every tool available to hollow out as much of our resistance as possible, then pounce by assuming a stance above and beyond the law. And it ought not go without saying that they are acting with the full cooperation and assistance of a large swath of corporate America, which has historically been headed by men of dubious morality and obvious greed. Not to mention an insanely narrow self-focus. And now we find ourselves in a hellscape where, if we can't find the guts or the means to rid ourselves of these scofflaws, we must fall back into a true Resistance. Not the way I planned to spend what is likely to be my final decade, but so be it. Live Free or Die.

Expand full comment

ANAND, yours is the best piece on this topic. Great work here! The words in the law are clear. The conditions to use the law are not met. (It is blatant fraud.) I went through that in my post. The judge has ordered them back to court today. The judge should come down hard.

https://hotbuttons.substack.com/p/alien-enemies-act-of-1798-invoked?r=3m1bs

Expand full comment

What does coming down hard look like? Just another unenforceable decision and setting up another hearing two weeks from now? Are there no emergency judicial powers available to enforce these decisions?

Expand full comment

Right after Trump was ranting in his speech at the Justice Dept about the media being criminal scum he tests some more dictator powers. Includes attacking law firms and judges. The latest immigrant targets are lab rats for his main event plans. Looking for another blank check from SCOTUS. Seems less paranoid if you listen to his words and monitor his escalating actions. He has his armband weasel cabinet in place and has an ongoing military purge in process . DOGE is cleaning out his “deep state.” This is not rocket science.

Expand full comment

My Senator, Jeff Merkley, thinks we're in a constitutional crisis and that if people aren't out protesting en masse, we will lose everything. I agree. Thanks for all your work Anand. I love your weekly talks with Ruth Ben-Ghiat. I follow her as well. Hope it's OK to post a link. https://www.ijpr.org/politics-government/2025-03-17/merkley-calls-trump-a-tyrant-warns-were-already-in-a-constitutional-crisis

Expand full comment

Too busy working out wage slave jobs

Expand full comment

Clearly, we are already in a constitutional crisis: Musk/Trump have defied court orders---who will enforce them? And how? Can we avoid "checkmate"?

Expand full comment

This is one where the stakes are high but it’s difficult to message to the average American person. Trump is going to choose something like this to challenge the courts because he’ll say he’s protecting the country from criminals or terrorists. Autocrats always use an “emergency” in order to dismantle the rule of law. The average person is going to side with Trump and going after “them”. We can’t have our liberal courts protecting terrorists is what they will say. Americans don’t understand once we give him power to do this. They will come for you next.

Expand full comment

New slogan for Dems = Stop the Steal.

Then, bulletize what they are stealing and why

- stealing your tax dollars to cut VA benefits to give tax cuts to billionaires.

- stealing your tax dollars to cut your healthcare to give tax cuts to billionaires

- etc.

Expand full comment

Why, I wonder, do we think how impossibly outrageous it is the trumpies are ignoring the Laws, the Constitution, even (ha ha) our Courts and judges??

Didn't the most Supreme Court in the Land find that Trump can as a sitting president can not be charged for any action that is a crime he commits ??? claiming a presidential official axtion???

the laws are a paper tiger. sorry

Expand full comment

The constitutional crisis started January 31, 2024 when Musk was allowed to enter the Treasury, fire the civil servants protecting it, and take it over with no safeguards. This banditry in plain sight was allowed by the executive branch, and despite its illegality, Congress has made no move to check it. The constitutional crisis started then. Since then judges have appropriately ruled against Musk's action, and as those orders are continuously disregarded, it only continually reinforces that the rule of law is dead in the U.S. https://americankahani.com/perspectives/five-alarm-fire-how-the-rule-law-was-laid-to-rest-in-washington-on-jan-31/

Expand full comment

We are the proverbial frog in boiling water, more and more insanity is normalized everyday by way of people not rioting in the streets.

Probably started before January 31st, I could couldn’t tell you exactly when

Expand full comment

Article II, Section 4:

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

The Constitution gives Congress the authority to impeach and remove the President,1 Vice President, and all federal civil officers for treason, bribery, or other high crimes and misdemeanors.2 This tool was inherited from English practice, in which Parliament impeached and convicted ministers and favorites of the Crown in a struggle to rein in the Crown’s power.

Congress’s power of impeachment is an important check on the Executive and Judicial Branches, recognized by the Framers as a crucial tool for holding government officers accountable for violations of the law and abuses of power.3 Congress has most notably employed the impeachment tool against the President and federal judges, but all federal civil officers are subject to removal by impeachment.4 The Senate has also concluded (by majority vote) on various occasions that an official impeached while in office remains subject to trial, conviction, and imposition of the penalty of disqualification even after he or she leaves office.5 The practice of impeachment makes clear, however, that Members of Congress are not civil officers subject to impeachment and removal.6

While judicial precedents inform the effective substantive meaning of various provisions of the Constitution, impeachment is at bottom a unique political process largely unchecked by the judiciary. While the meaning of treason and bribery is relatively clear, the scope of high crimes and misdemeanors lacks a formal definition and has been fleshed out over time, in a manner perhaps analogous to the common law, through the practice of impeachments in the United States Congress.7 The type of behavior that qualifies as impeachable conduct, and the circumstances in which impeachment is an appropriate remedy for such actions, are thus determined by, among other things, competing political interests, changing institutional relationships among the three branches of government, and legislators’ interaction with and accountability to the public.8 The weight of historical practice, rather than judicial precedent, is thus central to understanding the nature of impeachment in the United States.

Expand full comment

The people on the ground implementing these"cruel and unusual" policies; just following orders? Sound familiar?

Expand full comment

Thanks for providing the link to ACLU… we all need to know this info!

Expand full comment