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Trump's attack on the rule of law [1]
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Date: 2025-03-31
Much of what Trump has done in the first two months of his second administration has been illegal and unconstitutional. He is acting in total disregard for laws and the constitution.
Beyond that, a fundamental and crucial aspect of Trump's actions is that he is deliberately and systematically undermining the rule of law. Trump has illegally fired 18 Inspectors General (IGs). He also fired all three Judge Advocates General (JAGs). These were very strategic firings to undermine the rule of law. The Inspectors General are watchdogs that ensure that the people in their agencies obey the law and follow federal ethics guidelines. If you, as President, don’t want people in your administration to be bound by laws, it is good to fire the IGs. The JAG officers perform a similar role in the military, providing critical guidance about what orders in the military are illegal. If you, as President, want to be able to order the military to carry out illegal actions (such as using the military against U.S. civilians), it is good to fire the JAGs. Furthermore, he illegally fired the head of the agency that protects whistleblowers. If you don’t want government employees to report illegal action when they see it, it is good to fire the person who is charged with protecting whistleblowers. (Remember: Trump’s first impeachment came about because of a whistleblower report.) Although he has illegally fired other federal officials, these are direct attacks on the rule of law. He is firing people whose key role is enforcing the laws of the nation. (Of course, he illegally fired the FBI Director in his first term and forced out the FBI Director before his second term even started.) We can only presume that the positions these fired individuals filled will either be left empty or filled with Trump loyalists.
Of course, there have been many court cases to try to stop some of Trump’s actions. To bring these court cases, you need lawyers. To limit the court cases, Trump has begun to attack individual law firms. He is using intimidation and extortion to control or neuter major law firms. For example, he has removed the security clearances of lawyers at law firms he doesn’t like. He has issued orders that lawyers at those firms cannot enter federal buildings. He has threatened to cancel government contracts of corporations who hire these out-of-favor law firms. These actions are designed to drive these firms out of business. In other cases, he promises not to take these actions if the law firm agrees to provide millions of dollars in pro bono legal work for pro-Trump causes. That is extortion.
A third major prong of Trump’s attack on the rule of law is to attack the judiciary. Some of these attacks are in the court of public opinion. Some attacks may be involve physical intimidation. When judges rule against him (as many have), he says that they are “radical” judges and calls for them to be impeached. Chief Justice John Roberts has taken the unusual step of pointing out that the proper action to take if you disagree with a judge’s ruling is to appeal the decision—not call for the impeachment of the judge. Meanwhile, the number of threats targeting federal judges has more than doubled over the last three years amid a surge in violent and harassing messages directed at public officials around the U.S. It is difficult to draw a straight line from Trump to the increase in threats—but Trump has now unleashed an army of individuals who have proven their willingness to engage in political violence in support of Trump; namely, the 1,500 Jan 6 felons that Trump pardoned.
The judiciary is the only branch of government pushing back against Trump. The Congress has totally abdicated their responsibility to uphold the Constitution.
The attack on the rule of law does not mean the end of the rule of law. Rather, it means the strategic and biased use of the law. Friends and allies are easily forgiven for lawless behavior. Enemies, however, may be prosecuted even without any evidence of wrong doing. Trump has made it very clear that he will weaponize the Department of Justice.
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