“Still, only the most naive legal analyst would conclude right now that the US constitutional system will survive Trump’s second term intact, or that the courts have definitively ruled that Trump’s agenda is in jeopardy. It is certainly possible that, when all of this litigation is over, Trump will face loss after unambiguous loss and be forced to give up many of his attempts to defy the Constitution. But it is far too soon to predict how all of these lawsuits will play out — or even if Trump will comply with any court orders against him.
To date, no appellate court — the mid-tier courts in the federal system — has weighed in on any of these cases, not to mention the Supreme Court. Similarly, while some federal trial courts have ordered Trump to stop some of his illegal actions, many of these decisions are temporary stopgap orders that expire quickly, and that are intended largely to maintain the status quo while the judges hearing these cases get up to speed on the legal issues that they present.
It’s a lot to keep track of. And, in many of these cases, there are likely to be months or even years more litigation before the legal issues presented by these cases are fully resolved.
It’s also worth noting that, as these cases make their way through the federal appellate process, they are more and more likely to be heard by judges who tend to be sympathetic to Trump — including a Supreme Court that has held that Trump may use the powers of the presidency to commit crimes.”
If Trump can act the way he is, breaking the law, taking powers clearly meant for Congress, and if he runs over the judiciary to do it, The United States will no longer be a Constitutional democracy.
“The Trump administration has ordered the Consumer Financial Protection Bureau to stop nearly all its work, effectively shutting down an agency that was created to protect consumers after the 2008 financial crisis and subprime mortgage-lending scandal.
Russell Vought, the newly installed director of the Office of Management and Budget, directed the CFPB, in a Saturday night email confirmed by The Associated Press, to stop work on proposed rules, to suspend the effective dates on any rules that were finalized but not yet effective, and to stop investigative work and not begin any new investigations. The agency has been a target of conservatives since President Barack Obama pushed to include it in the 2010 financial reform legislation that followed the 2007-2008 financial crisis.
The email also ordered the bureau to “cease all supervision and examination activity.””
…
“Since the CFPB is a creation of Congress, it would require a separate act of Congress to formally eliminate it. But the head of the agency has discretion over what enforcement actions to take, if any.”
…
“Vought said in a social media post that the CFPB would not withdraw its next round of funding from the Federal Reserve, adding that its current reserves of $711.6 million is “excessive.” Congress directed the bureau to be funded by the Fed to insulate it from political pressures.”
“CBS is back in the news. Less than two weeks into President Donald Trump’s second term, the network’s parent company Paramount is considering settling his lawsuit claiming CBS’ coverage of the presidential campaign—and, in particular, an allegedly deceptively edited interview with Kamala Harris—was unfair and somehow harmed him. Reports have tied this possible settlement to Paramount’s planned merger with Skydance, which Paramount shareholders fear the new administration could try to block or delay.
Notably, this also comes against a backdrop of President Trump’s appointed FCC Chairman Brendan Carr rattling his saber at broadcast networks that have earned the president’s ire.
Shortly before the inauguration, under the guidance of its former, Joe Biden–appointed chair, the FCC dismissed complaints against ABC, CBS, Fox, and NBC regarding broadcasts during the campaign—including CBS’ 60 Minutes Harris interview. In doing so, the FCC emphasized the importance of honoring CBS’ editorial discretion and broadcasters’ First Amendment right to report on matters of public concern as they see fit. But Trump’s handpicked successor has indicated the FCC will reconsider that dismissal, along with the NBC and ABC dismissals (but not the Fox dismissal, unsurprisingly).
Freedom of the press protects journalists and the news media in publishing information—especially in the political sphere—free from official censorship. In that way, a free press serves a vital role as the “Fourth Estate” in our democratic society, keeping citizens informed so that individuals may oversee their government’s actions. As Ida B. Wells stated, “The people must know before they can act, and there is no educator to compare with the press.”
That’s why it’s concerning that CBS would go to the mattresses over a halftime show for a game it gets once every fourth year, or even a bread-and-butter scripted show like Without a Trace, but would capitulate when it comes to its news and political coverage. Already the network is reportedly poised to comply with an FCC demand for the transcript and camera feeds from the 60 Minutes interview.
When parties to legal disputes resolve them with monetary payments rather than seeing them through to a decision, it is often said they are “buying peace.” Here, there is no peace to be bought, at least not without reassurance from the courts that CBS can cover political matters as its editorial discretion dictates, no matter how much it might displease the president or his appointees.”
Serbia has been building up its military and has declared its intention to unite with Serbs living in other countries while also taking an authoritarian turn and having friendly relations with Russia and China.
“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.””
…
“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.”
…
“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.”
…
“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.)”
…
“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.”
…
“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.)”