Autocracy Attack Pattern: Media, Lawyers/Judges and Other "Terrorists"

 

Autocracy Attack Pattern: Media, Lawyers/Judges and Other “Terrorists”

PETER ON THE WRITERS’ HANGOUT PODCAST!

“We all learned long ago, perhaps on the playground, that giving in to a bully only makes things worse. That is why it is shocking to see capitulation on the part of those being illegally bullied by President Trump. This will only embolden him.” 

Erwin Chemerinsky, constitutional scholar and dean of the UC Berkeley Law School.

If you disable loud voices against you, cut off the protectors of those voices, eliminate supporting funding for their institutions, you can vilify and even arrest people with decreasing risk. Or so you hope. Not good enough. But given Herr Trump’s dramatically successful bout against the above, his efforts have sent the Democratic Party into massive disarray. The only real evidence of resistance has been the surprisingly large turnouts at town halls, both formal and informal.

If the elected Democrats don’t know what to do, the people impacted by cuts to the VA as well as clear and unambiguous threats to Medicaid, Medicare and Social Security, those who actually know that Russia has been our primary enemy for most of the last 80 years, clearly do. Above left is a typical GOP town hall (of which they are very few) with angry constituents, and above right is the “Fight Oligarchy” tour led by Bernie Sanders and AOC, drawing thousands of enraged Americans at every stop. Excuse the long blog today, but there is method in my madness.

As Tesla shareholders cry for Elon Musk’s ouster, Trump markets that vehicle array on the driveway in front of the White House, violating a host of statutes and historical practices. Sometimes, the White House seems like the Home Shopping Network. Bibles, NSF memorabilia, sneakers, expensive watches, crypto (which Trump once called a “scam”), sneakers and other “Trumpwear” and even a $5M visa/path to citizenship. Elon Musk brought a Silicon Valley mindset to Trump’s Washington. It’s been a disaster. But Trump has successfully made Musk his lightening rod… so does the negativity end when Musk announces he is returning to run his companies? He’s already grifted his way to billions and billions of dollars of government contracts.

I’ve already blogged on Trump’s efforts against media that have opposed him: shut down funding for publicly supported networks, reconfigure the FCC with people more likely to revoke broadcast licenses, vilify reporters and entire media entities, marginalize unfavorable media’s access to information, remove unfavorable facts and statistics from government websites and sue, sue, sue reporters and networks he does not like, particularly media companies with substantial non-media assets… extracting millions of dollars is settlements from many media outlets unwilling to take a stand… even though they would probably have won in court… with a little trepidation from a MAGA-leaning Supreme Court.

But what really terrifies me more is Trump’s unbridled use of executive orders and internal controls to attack some of the finest lawyers in the land. Trump seems to be saying: if your lawyers have litigated against issues I stand for, represented my opponents in any capacity or provided legal aid to those I have declared to be my enemy, I am coming to get you. Although courts have limited the severe restrictions Trump has placed on mega-legal powerhouse law firms Perkins Coie and Covington & Burling, the message to all law firms is beyond clear: I (Trump) have the entire DOJ and its resources to make your lives miserable even if you do take me to court, so respect my power over you! The DOJ are my, not America’s, lawyers now.

Indeed, government funded public defender programs are at risk, particularly when the indicted defendant is a member of a Trump-designated “terrorist” gang. “It should be boom times for the so-called white powder bar, as the practice of lawyering for the world’s most prolific drug pushers has been dubbed. But some veteran attorneys are proceeding with caution, warning of unforeseen consequences from Trump’s crackdown and preexisting conflicts that limit who can join certain cases… ‘This is sort of like a niche practice,’ said Bonnie Klapper, a former federal narcotics prosecutor turned defense attorney. ‘I guarantee you a lot of the usual suspects won’t be able to represent these people.’” Keegan Hamilton, LA Times, March 22nd. Government money used to pay “terrorists” counsel? One large law firm, fearing a mass exodus of clients using the firm in government matters, caved like a cowering Trumpian sycophant.

“Trump said Thursday [3/20] that the national law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP had reached a settlement with his administration. A week earlier, he had issued an executive order, ‘Addressing Risks from Paul Weiss.’ that revoked security clearances for all lawyers in the firm, ended its government contracts and limited access to federal buildings for those working at the firm.

“Why was Paul, Weiss targeted? The primary reason given was that one of its former partners worked in the Manhattan district attorney’s office and was part of the legal team that investigated Trump in the case that later resulted in his prosecution and conviction on business fraud charges. Also, the executive order says that a Paul, Weiss lawyer represented clients suing Jan. 6, 2021, rioters.

“This is nothing but blatantly illegal retribution. A federal judge in issuing a temporary restraining order against a similar Trump executive order directed at the law firm Perkins Coie, which had represented Hillary Clinton, said that action was an ‘extreme, unprecedented effort’ and that it ‘casts a chilling harm of blizzard proportion across the entire legal profession.’ The law is clear ‘that lawyers are not to be punished for representing clients or for their lawful advocacy.’

“But Trump on Thursday [3/20] said he was withdrawing the Paul, Weiss executive order and in exchange the firm would contribute $40 million in legal services to causes Trump has championed, including ‘the President’s Task Force to Combat Antisemitism.’.. This obviously only emboldens the president to target more law firms in shakedowns.” Chemerinsky

But even greater dangers are threatening our underlying institutions that have made America great; they include Trump’s cutting funding to universities with programs and degrees which Trump finds to be “woke” or antithetical to the America Trump is trying to redefine. He’s even cut funding ($175M) to his alma mater (U of Penn, where Wharton sits). Trump and his hench people are experts of using one issue to impose his will across many other arenas. “As of Friday [3/21], Columbia University has [capitulated to Trump demands]. On March 13, the Trump administration announced it was cutting off $400 million in federal money to Columbia citing ‘continued inaction in the face of persistent harassment of Jewish students,’ especially as to pro-Palestinian protests that occurred last spring.

“Such a cut in federal funds is illegal in many ways. The federal government’s claim was that Columbia violated Title VI of the 1964 Civil Rights Act in not adequately responding to a hostile environment against Jewish students. But Title VI requires ‘an express finding on the record, after opportunity for hearing’ of failure to comply with the statute, as well as ‘a full written report’ submitted to House and Senate committees at least 30 days before a cutoff takes effect.

“There was no hearing, no finding and no report by the Trump administration… The legal standard under Title VI is that a recipient of federal funds must not show ‘deliberate indifference’ to a hostile environment. Not only was there no such finding, given Columbia’s ultimately aggressive response to the pro-Palestinian demonstrations last spring, it is not plausible to say it was ‘deliberately indifferent.’... Also, as the Department of Education previously has made clear, a university cannot be required to stop speech that is protected by the 1st Amendment. That would be unconstitutional. Yet Columbia is being punished for adhering to that requirement.

“Let’s say Columbia had been found to have violated Title VI. The law says that the remedy, cutting off funds, must be ‘limited in its effect to the particular program, or part thereof, in which noncompliance has been so found.’ Instead, the Trump administration apparently planned to cut off funds affecting a broad swath of the university’s programs, including the medical school, which was far removed from the protests.

“Columbia had every reason to file suit, challenging the order. Instead, it conceded, amid claims that there was overlap between what Trump wanted and reforms it was already considering. The Trump administration’s demands included changing Columbia’s admissions criteria, establishing rules related to protest that could restrict student speech and putting Columbia’s Middle Eastern, South Asian, and African Studies department under academic ‘receivership’ for at least five years, taking control away from its faculty, a potential violation of academic freedom.” Chemerinsky

I’m Peter Dekom, and kowtowing to a brutal autocrat may be less expensive and more efficient, avoiding a nightmarish battle, but the rippling impact of such surrenders threatens the very core of American priorities, safeguards and values… and dims our future growth and technological lead.