“For over a week now, Donald Trump and the Justice Department have been flouting the law meant to shut down TikTok. The legislation was unambiguous and was passed by large, bipartisan majorities in both houses of Congress; it was affirmed by a unanimous Supreme Court less than two weeks ago. And for the most part, both Republicans and Democrats have sat quietly by as Trump has waved away their previously stated concerns, as well as the constitutional powers and institutional prerogatives of Capitol Hill.
The TikTok ban was supposed to be a critical national security response to the threat posed by the Chinese government and its control over an app with 170 million users in our country. Shortly before the law went into effect, Sen. Tom Cotton (R-Ark.) said in a speech on the Senate floor that “without question, TikTok’s lethal algorithm has cost the lives of many American kids.” He announced that there would “be no extensions, no concessions and no compromises for TikTok.””
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“On his first day in office, Trump declared that he would effectively ignore the law, and so TikTok lives. He appears to have engineered a short-term bailout for TikTok — whose app should have gone dark in the U.S. by now — after a wealthy donor supported the move and amid some belief that TikTok helped him get reelected.”
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“he has created a precedent — that he can direct his own administration to ignore laws that he believes are politically or personally unhelpful to him — that ought to trouble Republicans and Democrats alike.
To start, there is no real question about the state of the law on paper: Trump is breaking it.”
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“His executive order was little more than a public declaration that he would ignore the law on the theory that it interfered with his ability “to assess the national security and foreign policy implications.” Not only did he direct the attorney general not to enforce the law for 75 days, he also instructed the Justice Department “to issue a letter” to each TikTok service provider “stating that there has been no violation of the statute and that there is no liability for any conduct” during the 75-day period.
Some Republican China hawks, like Cotton and Missouri Sen. Josh Hawley, had taken the position that state attorneys general could enforce the law anyway, but Trump unilaterally decided that they were wrong about that too. His executive order purports to prevent “attempted enforcement by the States or private parties” and to grant the Justice Department “exclusive authority to enforce the law.”
This is generally not how executive orders are supposed to work. They are not supposed to be vehicles for the president to pick and choose which laws passed by Congress he wants to enforce — or which ones he wants to change by fiat.”
“The Constitution’s text is clear that Congress must authorize appropriations and the president must “take Care” that those laws are “faithfully executed.” There is no basis in constitutional text or history for the president to claim open-ended power to impound funds in the manner of the OMB memo. In 1975, the Supreme Court rejected former President Richard Nixon’s claim to be able to spend less than Congress had appropriated. That ruling would have had to come out the other way if the president had a constitutional power to impound. (Perhaps aware of this reality, OMB issued a later memo claiming the freeze was not, in fact, an “impoundment.” But this is just a semantic sleight of hand: For entities that need federal funds this or next week in particular, there is no meaningful difference.)”
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“If anything, the Supreme Court has tightened the constitutional leash on such unilateral claims of executive authority untethered from a statutory anchor. With Justice Neil Gorsuch leading the charge, it has stressed instead the need for clear authority from Congress for the exercise of any delegated power, including the power to write regulations. The OMB memo makes a mockery of those decisions by allowing the president to do with money what now isn’t allowed with regulations.
It is true that there is a scattering of past instances of impoundment. But these isolated cases largely concern foreign affairs and national security matters. In 1803, for example, Thomas Jefferson declined to spend funds for 15 gunboats for fear that they would upend secret talks with a foreign sovereign, Napoleonic France. Whatever unilateral presidential authority exists over foreign affairs cannot constitutionally be spread with reckless abandon to cover any or all domestic spending.
Past presidents have also confronted conflicts between a legislative command and Congress’ failure to appropriate funds to execute that command. There, presidents are forced to make a choice between dueling statutory orders. Courts rarely address these conflicts. But it is striking to note that in a 2012 case involving competing mandates, the Supreme Court rejected the executive’s claim to be able to withhold promised funds.”
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“The impoundment power Trump’s White House asserts would drive a stake through Congress’ constitutional authority.
Exactly like the line-item veto invalidated by the Supreme Court in 1998, the claimed impoundment power is de facto power to selectively edit duly enacted laws. This claimed nonenforcement should elicit whiplash among conservatives. After all, it was red states such as Texas, aided by Trump’s adviser Stephen Miller, that once excoriated the Biden administration for negating federal laws on immigration via nonenforcement. (The Biden administration, however, could point to statutory conflicts that don’t exist in this case.)”
“The problem for Trump is that for all of his talk of prioritizing loyalty in his second term, he has staffed his administration with a number of conservative ideologues who could have very different ideas about what the government should be doing — none more influential than his likely soon-to-be budget director, Russ Vought.
Vought is a well-known quantity on Capitol Hill from his time as a staffer there, to say nothing of his work as a Project 2025 author and all-around warrior for small government. Republicans there saw his fingerprints on the spending freeze — or the “Vought memo,” as some are calling it.
“This has Russ’s name written all fucking over it,” said one GOP aide who works in appropriations, adding, ”I see a disparity between what Trump wants to do and what Russ wants to do.”
In other words, the battle between fiscal hawks and populists is set to rage not only on Capitol Hill and elsewhere in the coming months, but inside the White House itself.
“There’s an undercurrent of the old Republican Party at play where they’re like, ‘We’re going to cut benefits’ and all this,” the lawmaker said. “And like the new Republican Party is like, ‘Yeah, we don’t care about that.’””
A main point to having private versions of Medicare ran by for-profit health insurance companies as an alternative option to Traditional Medicare is to save the taxpayer money by taking advantage of efficiencies gained in private competition and private flexibility while also
“Anti-American fever peaked in Canada over the weekend after Trump announced the tariffs were on the way. At a pop-up DJ show in Montreal, a digital sign read “F—K TARIFFS.” On Saturday night in Ottawa, “The Star-Spangled Banner” was booed before the Senators went on to blow out the Minnesota Wild. The jeering continued through the weekend at NHL and NBA games across the country.”
“Republicans on the Hill are also largely giving Musk and Trump the benefit of the doubt, dismissing criticism from Democrats that they are infringing on their congressional powers. Instead, they are leaning on comments from one of their former colleagues — Secretary of State Marco Rubio — instead of directly grappling with Musk’s actions.
Senate Majority Leader John Thune (R-S.D.), asked if Trump has the ability to close USAID unilaterally, said the administration’s goal is to ferret out waste.
“I think it’s a lot more about finding out how the dollars are being spent, where they are going and whether or not they’re consistent with this administration’s and our country’s priorities,” he said.
Sen. Chuck Grassley (R-Iowa), chair of the Judiciary Committee, said that it is a “constitutional question” when asked if Trump can end USAID without congressional approval.
“It’s how you define the executive powers of the president of the United States,” he said, “and I can’t define that for you.”
Career government officials, Democratic lawmakers and nongovernmental organizations have scrambled to shine a light on Musk’s efforts, many of which they’ve argued he doesn’t have the legal authority to carry out absent approval from Congress. Even some conservatives have raised concerns over Musk’s actions. So far, though, they have been vastly outpaced by Musk, who has taken to his social media platform X to build public support for shock-and-awe efforts.
Though Musk posted on X throughout the weekend that it was time for USAID to “die” and bragged that he was “feeding USAID into the wood chipper,” it wasn’t until Monday afternoon that Democratic lawmakers held a press conference in hopes of saving the agency.
Likewise, days after Musk’s allies gained access to the Treasury Department’s payments system, Senate Minority Leader Chuck Schumer (D-N.Y.) announced that he and House Minority Leader Hakeem Jeffries (D-N.Y.) would work on legislation stopping the “unlawful peddling.” Schumer said, “It’s like letting a tiger into a petting zoo and hoping for the best.””
“The opaque office’s early moves have violated the Privacy Act and cybersecurity laws, according to legal experts, and triggered a lawsuit challenging the Trump administration’s assault on government bureaucracy.
Legal and security experts are particularly exercised by Musk’s move to shutter the U.S. Agency for International Development and take control of the Treasury Department’s central payments database.
“The scale here is unprecedented in terms of the risk to sensitive personal and financial information,” said Alan Butler of the Electronic Privacy Information Center. “It’s an absolute nightmare.”
The Musk-led effort to gain entry into Treasury’s huge payment database drew a lawsuit Monday from two major federal employee unions and left some lawyers who specialize in regulation of such data nearly apoplectic.
Mary Ellen Callahan, former Chief Privacy Officer at the Department of Homeland Security, called DOGE’s access “a data breach of exponential proportions.” “If we lose control of that data, we’ve lost control forever,” she said.”
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“Other lawyers said DOGE’s access could also violate cybersecurity-related laws, like the Federal Information Security Modernization Act of 2002.
Reports that career employees at the Office of Personnel Management were locked out of key databases by DOGE personnel also triggered deep concern Monday among legal and security experts. A key OPM database was breached by hackers in 2013, prompting widespread outrage from lawmakers and federal workers. The U.S. government blamed the hack on China and said the data could be used to target or enlist federal employees in espionage.
“They’re not following the law, they’re not following any semblance of best practice, they’re just hacking and slashing government IT systems in a way that threatens national security and puts everyone at risk,” Butler said.
Claims by Musk that he is shutting down USAID were met with widespread skepticism as well. USAID was created through an executive order issued by President John F. Kennedy in 1961. But it was formally established as a federal government agency by Congress in 1998, creating doubts about Trump’s authority to simply abolish it or, as Secretary of State Marco Rubio has suggested, fold it into the State Department.
“I think it’s the most clearly unconstitutional act that he’s doing,” said Alex Joel, an adjunct professor of law at American University. “He can’t just destroy the whole agency.””