Tag Archives: separation of powers

How Long Before the American Kristallnacht?

1 Reply

For those not familiar with the term Kristallnacht, it is German and means the Night of Broken Glass, a pogrom against Jews executed by the Nazi Party’s paramilitary forces along with Hitler Youth and some German citizens in November, 1938. As described in the Wikipedia article:

Jewish homes, hospitals and schools were ransacked as attackers demolished buildings with sledgehammers. Rioters destroyed over 1,400 synagogues and prayer rooms throughout Germany, Austria, and the Sudetenland. Over 7,000 Jewish businesses were damaged or destroyed and 30,000 Jewish men were arrested and incarcerated in concentration camps. [https://en.wikipedia.org/wiki/Kristallnacht]

This was in many ways the logical and inevitable step in resolving what Hitler and other Nazis thought of as the “Jewish question.”

In the United States now, we have a related spectacle developing. The stories are multiplying daily of ICE kidnappings and assaults on the streets in various cities. Masked and armed men appear and snatch people walking on the street or at work in various, generally low-level, jobs. The men travel in packs, refuse to identify themselves, and are sometimes aided by local law enforcement. The chain of command, if there is one, is entirely opaque, as are their orders. There is no due process for their victims.

Contrary to the public claims of the Trump administration, the victims are almost never the “hardened and violent criminals” that were supposed to be the targets of the forced deportation program. In fact, there are multiple instances of U.S. citizens being taken, snatched away from children and other dependents, taken to undisclosed locations and detained in extremely harsh conditions sometimes for weeks.

The administration doesn’t care. In fact, I believe it is fair to say that these incidents are the logical and inevitable step in resolving what Trump and other Republicans think of as the “immigrant question.” So what if U.S. citizens are mistakenly swept up in the dragnet? The key is to instill fear in the immigrant population, a goal immeasurably aided by the majority of the Supreme Court that has allowed the deportation to countries from which the deportees have no historical relationship and which in some cases are on “do not travel” lists issued by our own State Department.

There is an internal logic to this type of activity. The longer it is allowed to occur, the more we will see. You get what you tolerate. The history of ethnic cleansing in other countries as well as our own strongly supports the likelihood that the conduct we’re seeing from ICE is only going to get worse. At some point someone is going to react violently to their activity and that will become the pretext for a hyper-violent response. Once it starts, it will not stop by itself.

Democrats making denunciatory speeches in Congress or on podcasts won’t stop it. ICE’s budget under the new Republican budget just passed is many multiples of the budgets of the other federal law enforcement agencies and larger than the funding of the FBI, IRS, Secret Service, DEA, SEC, and ATF combined. ICE is preparing for the time when it has a sufficient excuse to unleash its full force against the country, to eliminate people Trump considers to be either his enemies or who don’t fit his conception of “proper Americans.”

The capper to my prediction is the two-fold cleansing operation reflected in (1) the due-process-free-rapid-arrest-and-deportation to foreign prisons of whomever ICE “decides” should be summarily removed from the United States, and (2) the building of domestic concentration camps like the one publicly relished by Trump/Noem in the Everglades. Add to that the use of the military to assist ICE and otherwise suppress dissent in places like California and you have the perfect storm.

When the United States establishes concentration camps and the federal government celebrates their creation, the country is in the deepest trouble. The problem is compounded by the remarkable behavior of the Supreme Court that is writing both due process and the separation of powers out of the Constitution. The John Roberts Court is doing just what the Republicans want – facilitating the rapid transition of the country to a dictatorship.

So, I ask how long, absent a game-changing intervention, it will be before Trump concludes: “I am no longer restrained by law or the courts, and, as I have said many times before, I can do whatever I want?”

Words

Leave a reply

Call me a quibbler if you like. I don’t mind. I believe that how we use words is very important and can reveal hidden meanings of intention of which the writer may be unaware. I expect, however, that the Editorial Board of the New York Times would be particularly conscious of the meaning of their statements. Recent experience suggests I am wrong about that, and I suspect I know the reason.

Some background. The Times describes its editorial board as “a group of opinion journalists whose views are informed by expertise, research, debate and certain longstanding values. It is separate from the newsroom.” Fine as far as it goes although a bit vague on details.

On May 1 a digital version of the Editorial Board’s position titled There Is a Way Forward:  How to Defeat Trump’s Power Grab was published in the Times. On May 4, “A version” of the article appeared in print, Section SR, Page 2 of the New York edition with the headline: Fight Like Our Democracy Depends On It. Having not seen that version, I address here the digital version. The printed version at least has a title more accurately stating what the battle is really about.

Note first that the article is introduced by a probably-AI generated depiction of an American bald eagle, our national symbol, struggling to free itself from a green, goo-like substance adhering to its wings and claws. I read that image to mean that democracy is in serious trouble, an assertion that I and many others have made in multiple posts, and which I believe cannot rationally be denied.

I was intrigued to see the Times standing up for democracy this way. Then I read it.

The opening was very strong:

The first 100 days of President Trump’s second term have done more damage to American democracy than anything else since the demise of Reconstruction. Mr. Trump is attempting to create a presidency unconstrained by Congress or the courts, in which he and his appointees can override written law when they want to. It is precisely the autocratic approach that this nation’s founders sought to prevent when writing the Constitution.

The opening was followed by recognition that the Trump challenge is not ephemeral:

Mr. Trump has the potential to do far more harm in the remainder of his term. If he continues down this path and Congress and the courts fail to stop him, it could fundamentally alter the character of American government. Future presidents, seeking to either continue or undo his policies, will be tempted to pursue a similarly unbound approach, in which they use the powers of the federal government to silence critics and reward allies.

But wait. Let’s look more closely:

Mr. Trump has the potential to do far more harm in the remainder of his term. If he continues down this path and Congress and the courts fail to stop him, it could fundamentally alter the character of American government. Future presidents, seeking to either continue or undo his policies, will be tempted to pursue a similarly unbound approach, in which they use the powers of the federal government to silence critics and reward allies.

The piece continues with “It pains us to write these words” …. The patriotic response to today’s threat is to oppose Mr. Trump. But it is to do so soberly and strategically, not reflexively or performatively.”

The strong opening has thus been diluted with reference to the “potential” for future harms that will occur “if he continues down this path,” suggesting there is a reasonable chance Trump will suddenly transform into a person different than he has been his entire life. And the article makes clear that the writers don’t like having to criticize Trump. The solution they propose is implicitly critical of what many people have been doing and thinking in response to Trump’s unhinged blast through the federal government. The authors slip-slide into a description of a “coalition” of damn near everyone who isn’t a committed Trump cultist. A coalition of the willing so broad and encompassing that it will seem, because it is, a bridge too far.

I am encouraged in my cynicism about the position being advocated by what comes next:

 The building of this coalition should start with an acknowledgment that Mr. Trump is the legitimate president and many of his actions are legal. Some may even prove effective. He won the presidency fairly last year, by a narrow margin in the popular vote and a comfortable margin in the Electoral College. On several key issues, his views were closer to public opinion than those of Democrats. Since taking office, he has largely closed the southern border, and many of his immigration policies are both legal and popular. He has reoriented federal programs to focus less on race, which many voters support. He has pressured Western Europe to stop billing American taxpayers for its defense.

The reference to the southern border and other Trump policies is apparently based on a poll of 2,128 Americans crafted by and analyzed by the crafters for another article in the Times.

In the interest of fairness, I note this closing of the paragraph arguing that Trump has been doing what the American public wants:

Among these policies are many that we strongly oppose — such as pardoning Jan. 6 rioters, cozying up to Vladimir Putin of Russia and undermining Ukraine

But even that qualification comes with a qualification: “but that a president has the authority to enact. Elections have consequences.”

Then:

Mr. Trump nonetheless deserves criticism on these issues, and Congress members and grass-roots organizers should look for legal ways to thwart him.

Just criticism? Is the Times Editorial Board unaware that the Republican Party has majorities in both Houses of Congress and that the Congress thus constituted is incapable of judgment independent of whatever madness Trump wants, including an astonishing array of unqualified and incompetent cabinet and agency appointments?

The equivocation continues throughout the article. Under “Pillars of democracy,” the writers felt it necessary to point out that Presidents Biden and Obama had “tested these boundaries [separation of powers] and at times overstepped them.” While the Editorial Board strongly criticizes Trump/Vance about their attitude toward the judiciary, in my view there is no question that the approach used undermines the full impact of the Trump story. They note, for example, that Trump/Vance “seem to have defied clear [court] orders.”

Regarding Congress, the Board says, “Mr. Trump’s steamrolling of Congress involves more legal complexity, many scholars believe.” The obvious implication is that “many scholars dispute the view being stated. More equivocation subtly inserted at every turn. Another example:

Other attempts to assert power over previously independent parts of the executive branch seem more defensible, however. The executive branch reports to the president, after all, and parts of it have suffered from too little accountability in recent decades.

It is true, I admit, that the Editorial Board’s article contains much damning information about Trump’s conduct of the presidency. It could not be otherwise.

Yet, again and again, the subtle equivocation creeps in:

It remains possible that our concerns will look overwrought a year or two from now. Perhaps Mr. Trump’s shambolic approach to governance will undermine his ambitions. Perhaps federal courts will continue to constrain him and he will ultimately accept their judgments.

Sure, it’s “possible” that a lot of unexpected things may happen, but why in an article ostensibly designed to expose the President’s violations of the Constitution and his oath of office, to name just a few, are these constant “on the other hands” inserted?

Maybe I am just quibbling, but, as the Editorial Board notes near the end of its article:

our constitutional order depends to a significant degree on the good faith of a president. If a president acts in bad faith, it requires a sophisticated, multifaceted campaign to restrain him. Other parts of the government, along with civil society and corporate America, must think carefully and rigorously about what to do. That’s especially true when the most powerful alternative — Congress — is prostrate.

Yet, while noting that Trump’s political support seems to be waning, the Board warns us to avoid:

“exaggeration about what qualifies as a violation. Liberals who conflate conservative policies with unconstitutional policies risk sending conservatives back into Mr. Trump’s camp.”

In the end, the Board gets one thing right:

The past 100 days have wounded this country, and there is no guarantee that we will fully recover. But nobody should give up. American democracy retreated before, during the post-Reconstruction era, Jim Crow, the Red Scare, Watergate and other times. It recovered from those periods not because its survival was inevitable but because Americans — including many who disagreed with one another on other subjects — fought bravely and smartly for this country’s ideals. That is our duty today.

Having beat this dead horse, I point the Times Editorial Board and my readers to a video that nails it. The woman in the video understands how language usage matters as she states ways to avoid equivocation and ambiguity. You can see the video here: https://www.threads.com/@debbieelledgeofficial/post/DJb2YEIN-pg?xmt=AQF0BLloj6EmrkRVS8pzJFTxn8QHvGWYkz2cHHWwynWmrA