Week 43 - The Return
Experts in authoritarianism advise to keep a list of things subtly changing around you, so you'll remember.
This week Trump lost three major court cases, which could have major implications on the regime’s ability to enact his agenda. Perhaps the most consequential was a 7–4 ruling by a federal appeals court, finding that he had overstepped his authority by invoking the International Emergency Economic Powers Act in his trade war, a ruling that could impact the majority of his tariffs. The court noted that no president had ever done this before, and it is the power of Congress to impose tariffs. The WSJ Editorial Board once again lambasted Trump, writing, “If he can impose a tax on any imported product any time he wants, he really has the power of a king.”
A federal appeals court similarly found that Trump had wrongfully invoked the 18th-century Alien Enemies Act to deport immigrants he accused of belonging to a Venezuelan street gang. The ruling could have broader implications for the Trump regime, and its broad anti-immigrant narrative used to justify its actions. Notably, in Week 42, an analysis by the NYT highlighted Trump’s overuse of declaring emergencies, finding he had already declared a total of ten, while his predecessors averaged seven over their four-year terms.
The third ruling related to Trump’s deployment of the National Guard and Marines to Los Angeles, finding he had violating the 1878 Posse Comitatus Act, which bars the use of soldiers for civilian law enforcement activities. The ruling came on the same day Trump threatened to send federal troops to other blue cities, including Chicago and Baltimore. The regime will appeal all these rulings, and ultimately the Supreme Court will continue setting boundaries that will have long-term implications for the future power of the presidency.
Finally, notable this week were Trump’s continued use of the tools of authoritarians. He continued his pattern of firing those with whom he disagrees or who get in his way. The WSJ noted that he is even backsliding to what was endemic during his first regime: his pattern of firing his handpicked senior officials. Trump also continues his attacks on science and data, another tool of authoritarians.
On Wednesday, the Justice Department abruptly dropped charges against a client of Brad Bondi, the brother of U.S. Attorney General Pam Bondi, marking the second time in less than a month that the DOJ dropped cases of clients represented by her brother.
WSJ reported that the Trump family amassed $5 billion of wealth on paper on Monday, after its crypto venture launched trading of a new digital currency, WLFI. The Trump family, including Trump himself, holds just under a quarter of all WLFI tokens in existence.
On Wednesday, Health and Human Services announced on X that Dr. Susan Monarez was no longer the director of the Centers for Disease Control, posting in the early evening she had resigned, less than a month after she was confirmed by the Senate.
Hours later, her attorneys posted on X that she had not resigned, but was fired by HHS Sec. Robert Kennedy, Jr. because she “refused to rubber-stamp unscientific, reckless directives and fire dedicated health experts.” She refused to step down, and said Kennedy could not fire her.
At least four other senior CDC officials resigned in protest on Wednesday in a massive shake up of the agency, citing the “weaponizing of public health,” “the spread of vaccine misinformation,” and the proposed budget cuts and mass layoffs under a reorganization plan.
At 9:30 p.m. ET, a spokesman for Trump said in an email that Monarez was “not aligned with the President’s agenda of Making America Healthy Again,” and so “the White House has terminated Monarez from her position with the CDC.”
Shortly after, a lawyer for Monarez posted on X “we reject notification,” citing since she was “a presidential appointee, senate confirmed officer, only the president himself can fire her,” adding the notice was “legally deficient and she remains as CDC Director.” Trump was silent.