Trump’s early moves are terrifying Washington. A legal resistance is imminent.

“Trump allies are purging the Justice Department and FBI of perceived enemies. Elon Musk, empowered by Trump, has deployed a band of loyalists to take over the federal spending apparatus managed by the U.S. Treasury. Trump’s temporary pick to lead federal prosecutions in Washington says anyone who resists Musk’s efforts could be breaking “numerous laws.”

The White House is attempting to freeze virtually all federal grants, which nonprofits say is already wreaking havoc on programs for vulnerable Americans. With almost no notice, the administration has dismantled the agency responsible for international aid and offered millions of federal employees a buyout with questionable legal authority. Trump fired many of the internal watchdogs — inspectors general — who would review these decisions.”

“Many of Washington’s legal veterans say they’re most alarmed and perplexed by Musk and his amorphous role in efforts to make massive, abrupt and ill-explained changes to the operations of the federal government. He routinely uses his social media platform, X, to characterize some government-funded programs as “criminal” and relished, for example, putting USAID — the agency responsible for administering international aid programs — through a “wood chipper.” Those claims of illegality have been coupled with a chorus of Trump’s MAGA allies characterizing the agency as a hotbed of progressive causes, suggesting the agency drew Trump allies’ ire for political reasons.
Musk has sent a team of allies to take control of computer systems at Treasury and in the Office of Personnel Management, which are responsible for delivering appropriated funds and overseeing the entire federal workforce. It’s unclear what responsibilities they have. Amid reports some of those incursions have been met with pushback, Washington, D.C.’s interim U.S. Attorney Ed Martin — a conservative culture warrior who was a prominent conspiracy theorist about the Jan.6 attack — offered to use his office to protect Musk’s efforts.”

https://www.politico.com/news/2025/02/04/trump-government-retribution-legal-battles-011469

Trump’s attack on the FBI

“the Department of Justice moved to fire several senior FBI executives — including the head of the Washington field office. Additionally, DOJ is demanding a list of FBI personnel who investigated the January 6, 2021, attack on the Capitol.”

“I asked two scholars of FBI history if there was any precedent for this. Both said no. Agents can be fired for corruption or incompetence after a review, but a mass firing for participating in an investigation is unheard of, they said.”

“The firing of top officials could make the FBI less effective in critical areas such as counterterrorism. And mass firings of FBI staff involved in the January 6 investigation would serve as a warning to bureau employees about what happens if they investigate Trump’s political allies, corroding the independence the agency depends on to enforce federal law.”

https://www.vox.com/politics/398025/the-logoff-donald-trumps-fbi-purge-law-doj

Kash Patel as F.B.I. Director Could ‘Destabilize the Whole System’

Kash Patel isn’t qualified to be Director of the FBI, but he is a Trump loyalist. Trump already fired one Director for the purpose of protecting himself and his allies from a legitimate investigation. Will Patel be focused on good police work, or abusing the powers of the FBI to serve Trump?

https://www.youtube.com/watch?v=EnBpWjz9Y8M

Biden and Trump Show Presidents How To Abuse Clemency

“”If you committed violence on that day, obviously you shouldn’t be pardoned,” J.D. Vance, now the vice president, said last week. But that “obvious” caveat was notably missing from the indiscriminate pardons Trump actually issued, which he claimed were necessary to remedy “a grave national injustice” and start “a process of national reconciliation.”

Such a reconciliation is impossible when the president is willing to excuse political violence as long as it is perpetrated by his supporters.”

https://reason.com/2025/01/22/biden-and-trump-show-presidents-how-to-abuse-clemency/

6 things we learned from Day 1 about how Trump will govern

“Just over a week ago, soon-to-be-Vice President JD Vance opined that nonviolent trespassers prosecuted for entering the Capitol on January 6, 2021, should be pardoned — but that day’s violent rioters “obviously” should not be.
Trump had other ideas when he issued his sweeping clemency for those he called the “J6 hostages.” He did separate out 14 members of two far-right groups, the Proud Boys and Oath Keepers, who had been convicted of seditious conspiracy, commuting their sentences instead of giving full pardons. But “all other individuals convicted” of offenses related to the Capitol chaos that day received full unconditional pardons — including those who assaulted police officers, and including the Proud Boys’ leader, Enrique Tarrio.

Trump, it has always been clear, was “delighted” by the storming of the Capitol on January 6; he doesn’t care that his supporters assaulted police, terrorized members of Congress, and threatened to hang his own vice president. What mattered to him was that they were his supporters. So he handed them a get-out-of-jail-free card, even to those who violently tried to overthrow democracy.”

Trump’s Day 1 executive orders were most numerous and detailed on the topic of immigration. The president revived previous hard-line administration policies, such as a refugee admissions freeze, deportation orders, and border wall construction. He also rolled back some Biden policies intended to let more migrants come in legally if they followed an orderly process, ending Biden’s “parole” program and shutting down an app created for migrants to schedule appointments to make asylum requests.

But on some fronts, Trump’s orders already went much further than he did in his first term and showed a newly emboldened willingness to defy legal caution. For instance:

He ordered that the US military would now be responsible for the “mission” of closing the border.
He used a public health emergency rationale to shut down the asylum system even though there’s no public health crisis at the moment.
He ordered that federal prosecutors recommend the death penalty for any unauthorized immigrant convicted of a capital crime.
He fired several top officials in the US immigration court system, including the system’s acting head.
And he declared that despite what the Constitution says, birthright citizenship would no longer apply to children born in the US to unauthorized immigrants or visa-holders (unless one parent was a US citizen or lawful permanent resident).”

“Though Trump fired some federal employees Monday, the first day did not seem to bring a mass firing of federal bureaucrats, but the groundwork was laid for something like that to happen in the future.

First off, Trump restored what was previously known as his “Schedule F” executive order, issued in late 2020 shortly before he left office (it was never really implemented and Biden soon revoked it). The idea behind Schedule F — now rebranded as “Schedule Policy/Career” — is to reclassify various important civil servant jobs as exempt from civil service hiring rules and protections, making it easier for those workers to be fired.

Secondly, Trump took aim at part of the federal workforce known as the Senior Executive Service (SES). These are, basically, the top jobs at agencies in the civil service, which liaise with the political appointees to run things. Trump’s order demanded plans from his agencies for making SES more “accountable” (easier to fire). His order also said hiring for SES jobs would now be done by panels composed mostly of political appointees, rather than civil servants as is currently the case.

Third, the Office of Personnel Management issued a memo letting agencies hire unlimited “Schedule C” appointees — another class of political appointees that don’t go through the civil service hiring process. And fourth, another order instructed Trump appointees to come up with plans for reforming the civil service hiring process itself.

Altogether, this shows an intense focus from Trump’s people on wresting agency authority away from civil servants and toward greater numbers of political appointees — and though mass firings haven’t happened yet, it may be only a matter of time.”

“A Trump order Monday made the unexpected announcement that, in fact, an existing part of the executive branch — the US Digital Service, set up during the Obama administration to modernize government IT — would become the US DOGE Service.
Now, this executive order laid out a surprisingly limited mission of “modernizing federal technology and software,” rather than DOGE’s previously announced remit of overhauling government spending, regulations, and personnel. Liberals on social media crowed at this apparent demotion for Musk.

I wouldn’t be so sure about that. Reports on Musk’s planning, and public statements from people in contact with his team, suggest they are planning to go very big indeed, in ways that haven’t yet been revealed. With a new report that Musk is likely to get a West Wing office, it’s hard to believe he’s scaled back his grand ambitions.”

https://www.vox.com/politics/395882/trump-day-one-agenda-executive-orders-takeaways

Kash Patel’s Threats Against Journalists Make Him an Alarming Choice To Run the FBI

“Kash Patel, President-elect Donald Trump’s pick to replace Christopher Wray as director of the FBI, has threatened to “come after the people in the media who lied about American citizens” and “helped Joe Biden rig presidential elections.” What exactly does he mean by that? Given the position that Patel will hold if he is confirmed by the Senate, the answer could have serious implications not only for the anti-Trump journalists he has in mind but also for freedom of the press generally.”

https://reason.com/2024/12/05/kash-patels-threats-against-journalists-make-him-an-alarming-choice-to-run-the-fbi/

You Should Worry About Kash Patel Running the FBI

“Trump’s decision to nominate Patel has proven particularly controversial, since his principal qualification appears to be his sycophancy toward Trump. (A Trump transition spokesperson said, “Kash Patel has served in key national security positions throughout the government. He is beyond qualified to lead the FBI and will make a fantastic director.”)
Many observers, including former federal law enforcement officials, oppose Patel’s nomination on the grounds that he would likely use the FBI to pursue Trump’s political opponents and that he might substantially corrupt the culture and professionalism of the bureau. To some, Patel calls to mind the specter of J. Edgar Hoover, the infamous FBI director whose nearly 50-year stint running the agency until 1972 was marked by egregious abuses of power — including illegal surveillance, blackmail and the harassment of political dissidents.

Patel clearly lacks the qualifications, experience and temperament to lead the agency. But how worried should the American public really be about him at the helm of the FBI?

The truth is that there are stronger internal and external safeguards in place against law enforcement abuses than during the Hoover era. He will indeed face some constraints because of the culture and bureaucracy of the FBI. But they may not contain him. And he will have plenty of opportunity to damage the bureau and its work — and to use and abuse the FBI for political ends. His nomination poses a considerable and unjustifiable risk to the country.”

https://www.politico.com/news/magazine/2024/12/14/kash-patel-fbi-contraints-column-00194285

Opinion | Chris Wray’s Resignation Is a Terrifying Sign of What’s to Come Under Trump

“Wray’s decision undermined decades of hard work — by Congress, presidents, the Justice Department and the FBI itself — to move it out of a partisan, political framework. The FBI’s highest guiding principle is supposed to be the rule of law — and federal law is clear: The FBI director serves a 10-year-term, a length meant to isolate the role from political winds. Similarly, in federal law, there is a mechanism for removing an FBI director who errs — they can be fired, but only for cause. The role is not meant to be like the CIA director, attorney general or Defense secretary and turn over at noon on Jan. 20 for a new administration; it is, in fact, explicitly designed to NOT do so. Ronald Reagan spent almost all of his presidency with Jimmy Carter’s FBI director; George W. Bush inherited Bill Clinton’s FBI director; Barack Obama, in turn, inherited Bush’s, and Joe Biden will have spent his entire presidency with Wray, Trump’s choice to head the bureau.
Those safeguards and traditions exist because the FBI, in the wrong hands, is incredibly dangerous to American democracy.

The FBI is the most powerful, best resourced, and far-reaching law enforcement agency, not just in the United States, but anywhere in the world. Nothing compares to the sweeping breadth of its investigative powers; the intelligence and information it collects, wittingly and unwittingly, on all manner of Americans, powerful and not, guilty and innocent alike; and the resources and technologies it can bring to bear against anyone in its investigative sights. Even its routine investigations can paralyze and bankrupt businesses, upend lives, careers and families, and destroy reputations — and even do so when it doesn’t bring federal charges at the end. Under J. Edgar Hoover’s half-century reign, he deployed those resources to ruin the lives of civil rights activists and antiwar protesters, harass literary figures such as James Baldwin, blackmail gay people and persecute anyone he didn’t feel was sufficiently patriotic. We’ve spent a half-century as a nation trying to make sure that never happens again — and now Trump is explicitly saying he wants to restart that darkest chapter of the FBI’s history.”

“let’s be clear about what’s happening here: The only reason Trump wants to change FBI directors is he doesn’t think he can boss, bend and break Wray to his will sufficiently, that Wray would not be personally loyal to him in the way that he has wanted his FBI directors to be — and which, institutionally, they’re explicitly not supposed to be. Every single part of that is a dire warning sign about what’s to come under Trump II and what he and Patel intend to do with the bureau.

Wray had an opportunity to make that a fight — to force Trump to bear the political cost of firing him on invented pretexts, to force the president to be the one who destroyed that guardrail rather than Wray himself. And, instead of upholding that oath to the Constitution, the rule of law and duty to protect the bureau from outside influence, Wray just … capitulated.”

https://www.politico.com/news/magazine/2024/12/12/chris-wrays-abdication-of-leadership-00194002

Why a GOP governor’s pardon of a far-right murderer is so chilling

“in Texas, you can commit murder without suffering the legal consequences of that crime, so long as your victim’s politics are loathed by the right and your case is championed by conservative media. Or at least, this is the message sent by Gov. Greg Abbott’s pardoning of Daniel Perry.

“In the weeks after George Floyd’s murder in 2020, the proliferation of Black Lives Matter protests had filled Perry with apparent bloodlust. Then an active-duty Army officer, Perry texted and messaged friends, among other things:
“I might go to Dallas to shoot looters.”
“I might have to kill a few people on my way to work they are rioting outside my apartment complex … No protesters go near me or my car.”
“I wonder if they will let [me] cut the ears off of people who’s decided to commit suicide by me.”
When a friend of Perry asked him if he could “catch me a negro daddy,” Perry replied, “That is what I am hoping.”

Weeks later, Perry was driving an Uber in Austin, Texas, when he came upon a Black Lives Matter march. According to prosecutors, Perry ran a red light and drove his vehicle into the crowd, almost hitting several protesters. Activists gathered angrily around Perry’s car. Garrett Foster, a 28-year-old Air Force veteran who was openly carrying an AK-47 rifle, approached Perry’s window.

Perry then shot Foster dead.

At trial, Perry’s defense team alleged that Foster had pointed his rifle at the defendant. But witnesses testified that Foster never brandished his weapon, only carried it, which is legal in Texas. And Perry corroborated that account in his initial statement to the police, saying, “I believe he was going to aim at me. I didn’t want to give him a chance to aim at me.” A jury convicted Perry of murder last year.

But..the governor of Texas used his pardoning power to release Perry from prison.

In a statement, Abbott said, “Texas has one of the strongest ‘stand your ground’ laws of self-defense that cannot be nullified by a jury or a progressive district attorney.” He noted that in the Lone Star State, a person is justified in using deadly force against another if they “reasonably believe the deadly force is immediately necessary” for averting one’s own violent death. The Texas governor argued that it was reasonable for Perry to believe his life was at stake since Foster had held his gun in the “low-ready firing position.”

Yet this claim is inconsistent with Perry’s own remarks to the police, which indicated that Foster did not aim a rifle at his killer, but merely carried it. Needless to say, seeing a person lawfully carrying a firearm cannot give one a legal right to kill them.

But pesky realities like this carry less weight than conservative media’s delusional grievances. Shortly after Perry’s conviction in April 2023, then-Fox News anchor Tucker Carlson aired a segment portraying Perry as a helpless victim of “a mob of rioters” and a “Soros-funded” district attorney. Carlson decried the jury’s verdict as a “legal atrocity” and lambasted Abbott for standing idly by while his state invalidated conservatives’ right to defend themselves. “So that is Greg Abbott’s position,” he said. “There is no right of self-defense in Texas.”

The next day, Abbott pledged to work “as swiftly as Texas law allows regarding the pardon of Sgt. Perry.””

https://www.vox.com/politics/2024/5/17/24159084/daniel-perry-pardon-greg-abbott-samuel-alito-flag