Itemoids

Constitution

The Senate Exists for a Reason

The Atlantic

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This is an edition of The Atlantic Daily, a newsletter that guides you through the biggest stories of the day, helps you discover new ideas, and recommends the best in culture. Sign up for it here.

As president-elect, Donald Trump has the right to name the people he wants in his Cabinet. Some of Trump’s nominations, such as Senator Marco Rubio to lead the State Department, are completely ordinary. A few are ideological red meat for Republicans. Others are gifts to Trump loyalists.

Four of these nominees, however, are dangerous to the security of the United States and to the well-being of its people: Pete Hegseth (Defense), Tulsi Gabbard (Office of the Director of National Intelligence), Matt Gaetz (Justice), and Robert F. Kennedy Jr. (Health and Human Services). The Senate must turn back these nominations, and do so en bloc.

The Gaetz and Kennedy nominations are apparently already in trouble, and more than enough has been written about them. Gaetz is an accused sexual predator (he has long denied the allegations); ironically, he is the least dangerous of this pack. Yes, as attorney general he would green-light every raving demand from MAGA world for investigations into Trump’s enemies, but in a strange blessing, he is also likely to be completely incompetent. The Department of Justice, as Trump himself learned during his first term, is packed to the rafters with very sharp lawyers who would almost certainly jam up any of Gaetz’s unconstitutional orders. Gaetz’s tenure at Justice would be a national humiliation and destructive to the rule of law, but it would also likely be very short.

The RFK Jr. nomination is, in a word, pathetic. Most of his views are little more than pure anti-science kookery, and if he is confirmed, Americans—and especially their children—will be in peril from this anti-vaccine crusader. But he would be a danger to the health of individual Americans (especially those who watch too much TV and spend too much time on the internet) rather than to the continued existence of the United States.

Which brings me to Gabbard and Hegseth.

Tulsi Gabbard, as I wrote last week, is unqualified for the job of DNI, but she is also a security risk: I have held security clearances for most of my adult life, and had I worked in any federal office next to her, I would have had no compunction about raising her as an “insider threat” because of her political views and her shady international connections. (As a member of Congress in 2017, she held meetings with the Syrian dictator Bashar al-Assad outside of U.S. government channels—an obvious problem for anyone seeking a senior role in national security.)

Gaetz, Kennedy, and Gabbard are terrible choices. The Hegseth nomination, however, is easily the most dangerous and irresponsible of all of Trump’s picks. (Gabbard is a significant hazard, but she would not have a gigantic army at her disposal, and she would not be involved with the control of nuclear weapons.) Like the other three in this group, Hegseth is shockingly unqualified for the job he’s been asked to take, but in this case, the Senate is faced with a proposal to place a TV talking head at the top of the Pentagon and insert him into the nuclear chain of command.

Hegseth has made personal choices that make him unfit to lead the DOD, including his extramarital affairs (which apparently helped tank his chances to lead the Department of Veterans Affairs in Trump’s first administration) and a payoff to a woman who claimed that he’d sexually assaulted her. He denies the assault allegation, but in any case, adultery is a criminal violation of the Uniform Code of Military Justice and can be a career-ending mistake for a member of the armed forces.

I will leave aside whether Hegseth’s tattoos identify him as a white supremacist. Hegseth denies the claim. But some of Hegseth’s ink is popular with extremists; that’s why one of his own military comrades reported him as an insider threat in the first place—and not, as Hegseth and some whining conservatives claim, because he is being persecuted as a Christian. I knew many people in federal service with patriotic tattoos. (I have one myself, and no, it’s none of your business where it is.) I am also a Christian who wears a cross—one that I had blessed in a church—every day. That’s not what any of this is about.

Hegseth’s defenders seem unable to understand that neither Hegseth nor anyone else has a right to be the secretary of defense: If the nominee made choices earlier in life that would now undermine his effectiveness in the job, then that’s his problem, not the Pentagon’s. But even if Hegseth were not an example of a sexist, MAGA-bro culture—his statements about women in the military are particularly noxious—the Senate is still faced with the problem that he’s utterly unqualified.

A former Army major, he has no serious background in national-security or defense issues beyond his military service. (And how that service ended is apparently now a matter of some dispute.) He has not worked anywhere in the defense world: not in any of its agencies, not with any of its industries, not with any of its workforce in any capacity. He has never managed anything of any significant size.

Not only would he be incapable of administering America’s largest government department, but he’d also be in a position of terrifying responsibility for which he is unprepared. Imagine an international crisis, perhaps only a year or two from now. President Trump is facing a situation that could be rife with danger to the United States and our allies—perhaps even one that involves nuclear threats. At this dire moment, Trump turns to …

Pete Hegseth and Tulsi Gabbard?

The Senate must do everything in its constitutional power to stop this. Trump won the election, but no president has an absolute right to his Cabinet nominations: The Constitution requires the Senate to consent to those nominations. Trump has already warned that if the Senate balks, he will subvert this process by using “recess appointments,” in effect a demand that the Senate take a walk and let Trump do whatever he wants—to consent, in other words, to autocracy.

Incoming Majority Leader John Thune and others who still might care about their duty to the nation have time to go to Trump, right now, and tell him that these four nominations are DOA. They could tell Trump that it is in his own interest—the only interest he recognizes—not to risk multiple defeats. And if the Senate folds and decides to take these up one at a time, Trump will wear them down, likely accepting that Gaetz must be a Succession-style “blood sacrifice,” in return for which Trump gets everyone else. For Thune—who, one assumes, does not wish to begin his tenure as a statelier version of Senator Tommy Tuberville, the MAGA obstructionist who held up military promotions for months—accepting such a deal would be a huge strategic error.

Whomever Trump nominates as replacements will likely be dangerous in their own way. But these four nominees have to be stopped—and right now.

Related:

The thing that binds Gabbard, Gaetz, and Hegseth to Trump The perverse logic of Trump’s nomination circus

Here are four new stories from The Atlantic:

He was the world’s longest-held death-row inmate. He was also innocent. How Trump could make Congress go away for a while Thomas Chatterton Williams: Is wokeness one big power grab? Europe braces for Trump.

Today’s News

President Joe Biden authorized Ukraine yesterday to use U.S.-supplied long-range missiles for strikes inside Russia, according to U.S. officials. Russia said today that the decision would escalate international tensions and add “fuel to the fire” of the war. Trump confirmed on Truth Social that his administration is planning to declare a national emergency and enlist the military to carry out a mass-deportation program targeting undocumented immigrants. Trump picked Brendan Carr, a member of the Federal Communications Commission and a Project 2025 contributor, to lead the FCC.

Dispatches

The Wonder Reader: Learning where famous musicians sleep and what they eat can feel like finally glimpsing the unknowable, Isabel Fattal writes.

Explore all of our newsletters here.

Evening Read

Justin Chung for The Atlantic

How Jimmy O. Yang Became a Main Character

By Shirley Li

Jimmy O. Yang had been trying to make it as an actor for years—cobbling together bit parts in network sitcoms, auditioning for nameless roles such as “Chinese Teenager #1”—when he was cast in a new HBO series. The show, Silicon Valley, was a comedy about a group of programmers at a Bay Area start-up incubator; his character, Jian-Yang, was an app developer who spoke in broken English.

It was a small guest role, but he saw it as an opportunity.

Read the full article.

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When you buy a book using a link in this newsletter, we receive a commission. Thank you for supporting The Atlantic.

How Trump Could Make Congress Go Away for a While

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › trump-cabinet-recess-appointment-senate › 680697

Power-hungry presidents of both parties have been concocting ways to get around Congress for all of American history. But as Donald Trump prepares to take office again, legal experts are worried he could make the legislative branch go away altogether—at least for a while.

Several of Trump’s early Cabinet nominees—including Representative Matt Gaetz of Florida, Robert F. Kennedy Jr., and former Representative Tulsi Gabbard of Hawaii—have drawn widespread condemnation for their outlandish political views and lack of conventional qualifications. Their critics include some Senate Republicans tasked with voting on their confirmation. Anticipating resistance, Trump has already begun pressuring Senate GOP leaders, who will control the chamber next year, to allow him to install his picks by recess appointment, a method that many presidents have used.

The incoming Senate majority leader, John Thune of South Dakota, has said that “all options are on the table, including recess appointments,” for overcoming Democratic opposition to Trump’s nominees. But Democrats aren’t Trump’s primary concern; they won’t have the votes to stop nominees on their own. What makes Trump’s interest in recess appointments unusual is that he is gearing up to use them in a fight against his own party.

[Read: The perverse logic of Trump’s nomination circus]

If Senate Republicans block his nominees, Trump could partner with the GOP-controlled House and invoke a never-before-used provision of the Constitution to force Congress to adjourn “until such time as he shall think proper.” The move would surely prompt a legal challenge, which the Supreme Court might have to decide, setting up a confrontation that would reveal how much power both Republican lawmakers and the Court’s conservative majority will allow Trump to seize.

“None of this has ever been tested or determined by the courts,” Matthew Glassman, a senior fellow at Georgetown University’s Government Affairs Institute, told me. If Trump tries to adjourn Congress, Glassman said, he would be “pushing the very boundaries of the separation of powers in the United States.” Although Trump has not spoken publicly about using the provision, Ed Whelan, a conservative lawyer well connected in Republican politics, has reported that Trumpworld appears to be seriously contemplating it.

Trump could not wave away Congress on his own. The Constitution says the president can adjourn Congress only “in case of disagreement” between the House and the Senate on when the chambers should recess, and for how long. One of the chambers would first have to pass a resolution to adjourn for at least 10 days. If the other agrees to the measure, Trump gets his recess appointments. But even if one refuses—most likely the Senate, in this case—Trump could essentially play the role of tiebreaker and declare Congress adjourned. In a Fox News interview yesterday, Speaker Mike Johnson would not rule out helping Trump go around the Senate. “There may be a function for that,” he said. “We’ll have to see how it plays out.”

Presidents have used recess appointments to circumvent the Senate-confirmation process throughout U.S. history, either to overcome opposition to their nominees or simply because the Senate moved too slowly to consider them. But no president is believed to have adjourned Congress in order to install his Cabinet before. “We never contemplated it,” Neil Eggleston, who served as White House counsel during President Barack Obama’s second term, told me. Obama frequently used recess appointments until 2014, when the Supreme Court ruled that he had exceeded his authority by making them when Congress had gone out of session only briefly (hence the current 10-day minimum).

[Watch: What’s behind Trump’s controversial Cabinet picks]

Any attempt by Trump to force Congress into a recess would face a few obstacles. First, Johnson would have to secure nearly unanimous support from his members to pass an adjournment resolution, given Democrats’ likely opposition. Depending on the results of several uncalled House races, he might have only a vote or two to spare at the beginning of the next Congress. And although many House Republicans have pledged to unify behind Trump’s agenda, his nominees are widely considered unqualified, to say the least. Gaetz in particular is a uniquely unpopular figure in the conference because of his leading role in deposing Johnson’s predecessor Kevin McCarthy.

If the House doesn’t block Trump, the Supreme Court might. Its 2014 ruling against Obama was unanimous, and three conservative justices who remain on the Court—John Roberts, Clarence Thomas, and Samuel Alito—signed a concurring opinion, written by Antonin Scalia, saying they would have placed far more restrictions on the president’s power. They wrote that the Founders allowed the president to make recess appointments because the Senate used to meet for only a few months of the year. Now, though, Congress takes much shorter breaks and can return to session at virtually a moment’s notice. “The need it was designed to fill no longer exists,” Scalia, who died in 2016, wrote of the recess-appointment power, “and its only remaining use is the ignoble one of enabling the president to circumvent the Senate’s role in the appointment process.”

The 2014 ruling did not address the Constitution’s provision allowing the president to adjourn Congress, but Paul Rosenzweig, a former senior official in the George W. Bush administration and an occasional Atlantic contributor, told me that the conservatives’ concurrence “is inconsistent with the extreme executive overreach” that Trump might attempt: “As I read them, this machination by Trump would not meet their definition of constitutionality.”

Thanks in part to those legal uncertainties, Trump’s easiest path is simply to secure Senate approval for his nominees, and he may succeed. Republicans will have a 53–47 majority in the Senate, so the president-elect’s picks could lose three GOP votes and still win confirmation with the tiebreaking vote of Vice President–Elect J. D. Vance. But the most controversial nominees, such as Gaetz, Kennedy, Gabbard, and Pete Hegseth (Trump’s choice for defense secretary), could struggle to find 50 Republican votes. And as Thune himself noted in a Fox News interview on Thursday night, Republicans who oppose their confirmation are unlikely to vote for the Senate to adjourn so that Trump can install them anyway.

Thune, who had been elected as leader by his colleagues only one day before that interview, seems fine with helping Trump get around Democrats. Letting Trump defy Thune’s own members and neuter the Senate is a much bigger ask. Then again, if Trump takes his power play to the limit, the new majority leader won’t have a say at all.

The Loyalists Are Collecting Their Rewards in Trump’s Cabinet

The Atlantic

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This story seems to be about:

This is an edition of The Atlantic Daily, a newsletter that guides you through the biggest stories of the day, helps you discover new ideas, and recommends the best in culture. Sign up for it here.

A note from Tom:

As we were about to publish this newsletter, Donald Trump announced that he has asked the Fox News personality Pete Hegseth, a military veteran who has no experience in leading large organizations and no serious background as a senior leader in national-security affairs, to be his secretary of defense. This is exactly the kind of unqualified nomination that I was warning could be looming after this first group of nominees were announced—and it explains why Trump is determined to bypass the U.S. Senate to get some of his nominees confirmed. I will have more to say about Hegseth soon.

So far, the new Trump administration has a chief of staff, a “border czar,” and a national security adviser; all three are White House positions controlled by the president. Donald Trump has also reportedly named six people to senior positions that require Senate confirmation: secretary of state, United Nations ambassador, secretary of homeland security, secretary of defense, CIA director, and administrator of the Environmental Protection Agency. (He has also chosen an ambassador to Israel.) His first picks are neither very surprising nor very impressive, but this is only the beginning.

His co–campaign manager Susie Wiles will make White House history by becoming the first female chief of staff. People around Trump seem relieved at this appointment, but she’ll likely be saddled with Stephen Miller as a deputy, which could get interesting because Miller apparently has a tendency to get out of his lane. (According to a book by the New York Times reporter Michael Bender, Miller attended a tense meeting that included Trump, Attorney General Bill Barr, and General Mark Milley, the chairman of the Joint Chiefs of Staff, during the Black Lives Matter protests in 2020. As the nation’s leaders debated what to do, Miller interjected and said that America’s major cities had been turned into war zones. General Milley, Bender writes, turned to Miller, pointed at him, and said: “Shut the fuck up, Stephen.”)

The rest of the appointments are unsurprising, given the limited pool of Republicans willing to serve in another Trump administration. (Some Trump loyalists such as Senator Tom Cotton have reportedly declined a role in the administration, likely protecting their future for the 2028 GOP race to succeed Trump.) Marco Rubio, who sits on the Foreign Relations and Intelligence Committees in the Senate, was a reasonable choice among the Trump coterie to become America’s top diplomat as secretary of state.

Likewise, Representative Mike Waltz of Florida is a reasonable choice for national security adviser—but again, that’s in the context of the now-smaller universe of national-security conservatives in politics or academia willing to work for Trump at this point. He is a veteran, and like Rubio, he has served on relevant committees in Congress, including Armed Services, Foreign Affairs, and the House Permanent Select Committee on Intelligence. Waltz may be a credible voice on national security, but he was also a 2020 election denier. He pledged to oppose certifying Joe Biden’s 2020 win and signed on to an amicus brief supporting a Texas lawsuit to overturn the election. He changed his mind—but only after the events of January 6.

Representative Elise Stefanik of New York, meanwhile, was bound to be rewarded for her loyalty. Although Vice President–elect J. D. Vance took the gold in the race to replace the disowned Mike Pence, Stefanik was a comer even by the standards of the sycophantic circle around Trump, and so she’ll head to the United Nations, a low-priority post for Trump and a GOP that has little use for the institution. A former member of Congress from New York, Lee Zeldin (who was defeated in the 2022 New York governor’s race) will head up the EPA, another institution hated by MAGA Republicans, thus making Zeldin’s weak—or strong, depending on your view—legislative record on environmental issues a good fit for this administration.

This afternoon, Trump announced that John Ratcliffe will serve as CIA director. Ratcliffe previously served as director of national intelligence and will now be in a post that is functionally subordinate to his old job. Ratcliffe is a reliable partisan but an unreliable intelligence chief. The most baffling move Trump has made so far is the appointment of South Dakota Governor Kristi Noem to lead the Department of Homeland Security. Noem served four terms in Congress and is in her second as governor. She has very little relevant experience, especially as a government executive. (South Dakota might be a big place, but it’s a small state; DHS has more than 260,000 employees, making it a bit more than a quarter the size of the entire population of Noem’s home state.) DHS is a giant glob of a department—one I have long argued should never have existed in the first place and should be abolished—that has seeped across the jurisdictional lines of multiple institutions and, unlike some other Cabinet posts, requires someone with serious leadership chops.

DHS will also be central to some of Trump’s most abominable plans regarding undocumented immigrants—and, potentially, against others the president-elect views as “enemies from within.” (The “border czar” Trump has named, Tom Homan, once falsely implied that some California wildfires were worsened by an undocumented immigrant.) In that light, Noem is perfect: She is inexperienced but loyal, a political lightweight with no independent base of support or particularly long experience in Washington, and she can be counted on to do what she’s told. She will be no John Kelly or Kirstjen Nielsen, her confirmed predecessors at DHS, both of whom were on occasion willing to speak up, even if ineffectively.

This first passel of nominees should gain Senate confirmation easily, especially Rubio. (Sitting members of the chamber usually have an easier time, as do people who have close associations with the Senate.) And given Trump’s history and proclivity for mercurial and humiliating firings, few of them are likely to be very long in their post, and are probably better than the people who will later replace them.

But that in itself raises a troubling question. If Trump intends to nominate these kinds of fellow Republicans, why is he insistent that the new Senate allow him to make recess appointments?

For those of you who do not follow the arcana of American government, Article II of the Constitution includes a provision by which the president can make appointments on his own if the Senate is in recess and therefore unable to meet. The Founders didn’t think this was a controversial provision; sometimes, presidents need to keep the government running (by choosing, say, an ambassador) even when the Senate might not be around—a real problem in the days when convening the Senate could take weeks of travel. Such appointments last until the end of the next legislative session.

For obvious reasons, the Senate itself was never a big fan of a device—one that presidents routinely used—that circumvents constitutional authority to confirm executive appointments, especially once the practice got out of hand. (Bill Clinton made 139 recess appointments, George W. Bush made 171, and Barack Obama made 32.) The Senate’s response was basically to be wilier about not declaring itself in recess even when there’s no one around, and when President Obama tried to push through some of these appointments in 2012, the Supreme Court sided with the Senate.

Now Trump wants to bring back the practice. The obvious inference to draw here is that after some fairly uncontroversial nominations, he intends to nominate people who couldn’t be confirmed even in a supine and obedient Republican Senate. Perhaps this is too clever, but I am concerned that this first pass is a head fake, in which Trump nominates people he knows are controversial (such as Zeldin) but who are still confirmable, and then sends far worse candidates forward for even more important posts. Kash Patel—a man who is dangerous precisely because his only interest is serving Trump, as my colleague Elaina Plott Calabro has reported—keeps bubbling up for various intelligence posts.

“Ambassador Elise Stefanik” and “EPA Administrator Lee Zeldin” might not be great ideas, but they are not immediate threats to U.S. national security or American democracy. “CIA Director John Ratcliffe,” by contrast, is cause for serious concern. If Trump is serious about his authoritarian plans—the ones he announced at every campaign stop—then he’ll need the rest of the intelligence community, the Justice Department, and the Defense Department all under firm control.

Those are the next nominations to watch.

Related:

Trump signals that he’s serious about mass deportation. Stephen Miller is Trump’s right-hand troll. (From 2018)

Here are three new stories from The Atlantic:

The HR-ification of the Democratic Party Anne Applebaum: Putin isn’t fighting for land in Ukraine. Genetic discrimination is coming for us all.

Today’s News

The judge in Trump’s hush-money criminal case delayed his decision on whether Trump’s conviction on 34 felonies should be overturned after his reelection. A federal judge temporarily blocked a new Louisiana law that would have required the display of the Ten Commandments in all public classrooms, calling the legislation “unconstitutional on its face.” Louisiana’s attorney general said that she will appeal the ruling. The Archbishop of Canterbury announced his resignation. An independent review found that he failed to sufficiently report the late barrister John Smyth, who ran Christian summer camps and abused more than 100 boys and young men, according to the review.

Evening Read

Illustration by Mark Pernice

AI Can Save Humanity—Or End It

By Henry A. Kissinger, Eric Schmidt and Craig Mundie

The world’s strongest nation might no longer be the one with the most Albert Einsteins and J. Robert Oppenheimers. Instead, the world’s strongest nations will be those that can bring AI to its fullest potential.

But with that potential comes tremendous danger. No existing innovation can come close to what AI might soon achieve: intelligence that is greater than that of any human on the planet. Might the last polymathic invention—namely computing, which amplified the power of the human mind in a way fundamentally different from any previous machine—be remembered for replacing its own inventors?

Read the full article.

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The Cases Against Trump: A Guide

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 11 › donald-trump-legal-cases-charges › 675531

The first former president to be convicted of a felony is now also the first convicted felon to be elected as president.

Donald Trump won reelection on November 5, paving the way for his return to the White House—as well as the end or postponement of the criminal cases against him. The extent to which those cases also paved the way for his return to the White House will be a topic for years of debate. One plausible argument is that the sense that Trump was being persecuted strengthened his support; another is that the failure to bring cases sooner and finish them deprived voters of complete information. Both may be true.

In any event, the discussion is moving from the legal to the political because the legal side seems to have reached a dead end. Special Counsel Jack Smith and the Justice Department are expected to end the cases against him related to attempting to subvert the 2020 election and hoarding classified documents at Mar-a-Lago, neither of which has made it to trial. The documents case, long considered the most straightforward, was bottled up by a Trump-appointed judge on dubious procedural grounds. The election-subversion case took a detour to the Supreme Court, where a conservative majority ran down the clock before ruling that a president has very broad immunity for most acts done as president; the lower court hearing the case only recently got back on track, but on November 8, Smith asked the judge to pause the case, citing Trump’s victory.

But now, given that DOJ guidance says a sitting president can’t be tried, and that Trump has promised to fire Smith and immediately dismiss the cases anyway, the two federal cases are likely to wind down. An election-subversion case in Fulton County, Georgia, is effectively frozen already amid challenges to the prosecutor’s handling of the case. Trump has been convicted but not sentenced in New York State related to hush money paid to the adult film actor Stormy Daniels, and sentencing in that case may never happen, either.

If the failure to swiftly prosecute Trump enabled his election, then, his election seems to guarantee that he will never face accountability for the acts he committed, including those for which he has already been convicted of 34 felonies.

What follows is a summary of the major legal cases against Trump, assessments of the gravity of the charges, and the prognosis. This guide will be updated as necessary.

New York State: Fraud

In the fall of 2022, New York Attorney General Letitia James filed a civil suit against Trump, his adult sons, and his former aide Allen Weisselberg, alleging a years-long scheme in which Trump fraudulently reported the value of properties in order to either lower his tax bill or improve the terms of his loans, all with an eye toward inflating his net worth.

When?
Justice Arthur Engoron ruled on February 16 that Trump must pay $355 million plus interest, the calculated size of his ill-gotten gains from fraud. The judge had previously ruled against Trump and his co-defendants in late September 2023, concluding that many of the defendants’ claims were “clearly” fraudulent—so clearly that he didn’t need a trial to hear them.

How grave was the allegation?
Fraud is fraud, and in this case, the sum of the fraud stretched into the hundreds of millions—but compared with some of the other legal matters in which Trump is embroiled, this is a little pedestrian. The case was also civil rather than criminal. But although the stakes are lower for the nation, they remain high for Trump: The size of the penalty appears to be larger than Trump can easily pay, and he also faces a three-year ban on operating his company.

What happens now?
On March 25, the day he was supposed to post bond, an appeals court reduced the amount he must post from more than $464 million to $175 million. Trump has appealed the case. In a September hearing, New York appeals-court judges seemed skeptical of the case against Trump and sympathetic to his arguments. They have not yet ruled.

Manhattan: Defamation and Sexual Assault

Although these other cases are all brought by government entities, Trump also faced a pair of defamation suits from the writer E. Jean Carroll, who said that Trump sexually assaulted her in a department-store dressing room in the 1990s. When he denied it, she sued him for defamation and later added a battery claim.

When?
In May 2023, a jury concluded that Trump had sexually assaulted and defamed Carroll, and awarded her $5 million. A second defamation case produced an $83.3 million judgment in January 2024.

How grave was the allegation?
Although these cases didn’t directly connect to the same fundamental issues of rule of law and democratic governance that some of the criminal cases do, they were a serious matter, and a federal judge’s blunt statement that Trump raped Carroll has gone underappreciated.

What happens now?
Trump has appealed both cases, and he posted bond for the $83.3 million in March.

Manhattan: Hush Money

In March 2023, Manhattan District Attorney Alvin Bragg became the first prosecutor to bring felony charges against Trump, alleging that the former president falsified business records as part of a scheme to pay hush money to women who said they’d had sexual relationships with Trump.

When?
The trial began on April 15 and ended with a May 30 conviction. A judge is scheduled to rule September 16 on whether the U.S. Supreme Court’s decision on presidential immunity invalidates the case. On September 6, he announced that he was postponing sentencing to avoid interfering with the election.

How grave was the allegation?
Many people have analogized this case to Al Capone’s conviction on tax evasion: It’s not that he didn’t deserve it, but it wasn’t really why he was an infamous villain. Trump did deserve it, and he’s now a convicted felon. Moreover, although the charges were about falsifying records, those records were falsified to keep information from the public as it voted in the 2016 election. It was among the first of Trump’s many attacks on fair elections. (His two impeachments were also for efforts to undermine the electoral process.) If at times this case felt more minor compared with the election-subversion or classified-documents cases, it’s because those other cases have set a grossly high standard for what constitutes gravity.

What happens now?
Sentencing was scheduled for November 26, but with Trump now in the middle of a presidential transition, some observers expect that Justice Juan Merchan will either postpone sentencing or even forgo a sentence altogether.

Department of Justice: Mar-a-Lago Documents

Special Counsel Jack Smith charged Trump with 37 felonies in connection with his removal of documents from the White House when he left office, but Judge Aileen Cannon has dismissed the case, finding that Smith’s appointment was not constitutional. Smith has appealed. The charges included willful retention of national-security information, obstruction of justice, withholding of documents, and false statements. Trump took boxes of documents to properties, where they were stored haphazardly, but the indictment centered on his refusal to give them back to the government despite repeated requests.

[David A. Graham: This indictment is different]

When?
Smith filed charges in June 2023. On July 15, 2024, Cannon dismissed the charges. Smith appealed that dismissal on August 26.

How grave is the allegation?
These are, I have written, the stupidest crimes imaginable, but they are nevertheless very serious. Protecting the nation’s secrets is one of the greatest responsibilities of any public official with classified clearance, and not only did Trump put these documents at risk, but he also (allegedly) refused to comply with a subpoena, tried to hide the documents, and lied to the government through his attorneys.

How plausible is a guilty verdict?
Vanishingly unlikely. Smith and the Justice Department are reportedly working on winding down the case now, both because Trump would quash it on his first day in office and also because long-standing guidance says a sitting president cannot be prosecuted. This once looked to be the most open-and-shut case: The facts and legal theory here are pretty straightforward. But Smith drew a short straw when he was randomly assigned Cannon, a Trump appointee who repeatedly ruled favorably for Trump and bogged the case down in endless pretrial arguments. Even before her dismissal of the case, some legal commentators accused her of “sabotaging” it.

Fulton County: Election Subversion

In Fulton County, Georgia, which includes most of Atlanta, District Attorney Fani Willis brought a huge racketeering case against Trump and 18 others, alleging a conspiracy that spread across weeks and states with the aim of stealing the 2020 election.

When?
Willis obtained the indictment in August 2023. The number of people charged makes the case unwieldy and difficult to track. Several of them, including Kenneth Chesebro, Sidney Powell, and Jenna Ellis, struck plea deals in the fall. Because a challenge to Willis’s presence on the case isn’t going to be heard until December, the case will not begin before the election.

How grave is the allegation?
More than any other case, this one attempts to reckon with the full breadth of the assault on democracy following the 2020 election.

How plausible is a guilty verdict?
Trump’s election casts even more uncertainty over an already murky future. This is a huge case for a local prosecutor, even in a county as large as Fulton, to bring. The racketeering law allows Willis to sweep in a great deal of material, and she has some strong evidence—such as a call in which Trump asked Georgia Secretary of State Brad Raffensperger to “find” some 11,000 votes. Three major plea deals from co-defendants may also ease Willis’s path, but getting a jury to convict Trump will still be a challenge. A judge on September 12 tossed three counts as outside state jurisdiction, and dismissed several other but said the state can refile them with more detail. The case has also been hurt by the revelation of a romantic relationship between Willis and an attorney she hired as a special prosecutor. On March 15, Judge Scott McAfee declined to throw out the indictment, but he sharply castigated Willis. Trump’s victory may result in the case being frozen indefinitely.

Department of Justice: Election Subversion

Special Counsel Smith has also charged Trump with four federal felonies in connection with his attempt to remain in power after losing the 2020 election. This case is in court in Washington, D.C.

When?
A grand jury indicted Trump on August 1, 2023. The trial was originally scheduled for March but was frozen while the Supreme Court mulled whether the former president should be immune to prosecution. On July 1, 2024, the justices ruled that a president is immune from prosecution for official but not unofficial acts, finding that some of Trump’s postelection actions were official and sending the case back to the trial court to determine others. Smith obtained a new indictment on August 27, which retains the same four felony charges but omits references to corrupting the Justice Department. On November 8, Smith asked the trial-court judge to pause the case because of the “unprecedented circumstance” of Trump’s reelection.

[David A. Graham: Trump attempted a brazen, dead-serious attack on American democracy]

How grave is the allegation?
This case rivals the Fulton County one in importance. It is narrower, focusing just on Trump and a few key elements of the paperwork coup, but the symbolic weight of the U.S. Justice Department prosecuting an attempt to subvert the American election system is heavy.

How plausible is a guilty verdict?
It’s not happening, folks.

Additionally …

Once upon a time, cases were filed in more than 30 states over whether Trump could even appear on the 2024 ballot under a novel legal theory about the Fourteenth Amendment. Proponents, including J. Michael Luttig and Laurence H. Tribe in The Atlantic, argued that the former president was ineligible to serve again under a clause that disqualifies anyone who took an oath defending the Constitution and then subsequently participated in a rebellion or an insurrection. They said that Trump’s attempt to steal the 2020 election and his incitement of the January 6 riot meet the criteria.

The Supreme Court conclusively disagreed. The justices ruled unanimously on March 4 that states could not remove Trump from the ballot, and appear on the ballot he did. Trump is set to be sworn in as the 47th president on January 20, 2025.

Are We Living in a Different America?

The Atlantic

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How do you know when a democracy slips into autocracy or fascism or some other less-free and less-savory form of society? Do they hang out a sign? Post it on X? Announce it on the newly state-controlled news channel? In the run-up to Donald Trump’s election, and even all the way back to his first administration, people who study autocracies in other countries have shown us how to spot the clues. One reliable teacher has been Atlantic staff writer Anne Applebaum, author of Autocracy, Inc. and co-host of the podcast series Autocracy in America. Over the years, Applebaum has situated Trump’s musings in a broader historical context. She’s pointed out, for example, that when Trump fired government watchdogs in his last administration or talked about deploying troops against protesters, those are actions that other dictators have taken.

In the last few months of his campaign, Trump was free and open with his dictatorial impulses as he talked about punishing “enemies from within.” Now that he’s won, have we crossed the line into a different kind of country? In this episode of Radio Atlantic, Applebaum joins political writer McKay Coppins to help us know how to find the line. Does this resounding win mean the electorate gave Trump a mandate to act on all his impulses? Does he mean what he says? And how will we know?

The following is a transcript of the episode:

Hanna Rosin: This is Radio Atlantic. I’m Hanna Rosin. So Donald Trump won. It’s looking like he won every swing state and, also, like there was a rightward shift even in the states he lost. He won even though, in the last months of his campaign, he was at his darkest and most crude. None of that mattered, apparently.

So here to help us understand what happened are two Atlantic staff writers: Anne Applebaum, who covers threats to democracy—hi, Anne—

Anne Applebaum: Hello.

Rosin: —and political reporter McKay Coppins. Hi, McKay.

McKay Coppins: Hey.

Rosin: So, McKay, what do we know about how he won? The particular coalition, the demographics—what do we know so far?

Coppins: Well, you just got at it. I think that the most surprising thing is not that he won—because the polls were so tight, and everyone was warning us to be prepared for either candidate coming out victorious—but the fact that he won so decisively, making gains in almost every state and almost every demographic group is something that I think most people were not prepared for.

Just to run through a few of the highlights: He made major gains with Latino voters, according to exit polls. It depends on which exit poll you’re looking at, but Harris won Latinos by between eight and 15 points. That is a lot less than Biden’s roughly 30-point win among Latino voters four years ago.

He made some more modest gains with Black voters, especially young Black men. A lot of Trump’s gains were concentrated with men. One exit poll showed him narrowly winning Latino men; the other one showed him narrowly losing them. But in either case, that is dramatically outperforming his performance in 2020.

And so, you know, you take all this together, and what you see is that there is a rightward shift at almost every section of the electorate. And, you know, that includes parts of the Democratic coalition that Kamala Harris and her campaign thought they could take for granted coming into this race.

Rosin: And is it just men? Like, everyone you mentioned were men. It’s like, Latino men, young Black men

Coppins: It definitely was. He definitely did better—

Rosin: (Laughs.) Sorry, McKay.

Coppins: (Laughs.) Not to speak for my entire gender here, but he did seem to do much better among men. Though, I will note that, coming into the campaign, a lot of Democrats had pinned their hopes on the idea that Dobbs would motivate a surge of women to support Harris.

And we’re so early now that it’s still hard to tell from the exit-poll data how much that happened, but it is worth noting that Trump won white women in this election. He won them narrowly, but there was some hope among Democrats that Dobbs would push independent and even former Republican white women to the Harris camp. That does not seem to have happened in the numbers that they were planning for.

Rosin: So all of that is somewhat surprising and things we have to reckon with over the next many months and years.

Anne, you have been helping us understand, over many years, what it looks like when a country or democracy drifts towards autocracy. How do you read this moment?

Applebaum: So I read this moment not so much as something new but as a continuation of things that we’ve seen in the past. I felt that, during the campaign, it would be useful for me to record some of the things the president was saying, to say how they echoed in history, to comment on how those things compared to what has happened in other countries.

I did a podcast about this with The Atlantic. It’s called Autocracy in America. When he was last in the White House, Trump ignored ethics and security guidelines. He fired inspectors general and other watchdogs. He leaked classified information. You know, he used the Department of Homeland Security in the summer of 2020 as if it were the interior ministry of an authoritarian state, kind of deploying troops in American cities.

Obviously, he encouraged the insurrection at the Capitol on January 6. When he left the White House, he took classified documents with him, and then he hid them from the FBI. I mean, all those things are indicative of somebody who is in defiance of the rule of law, who thinks he’s above the rule of law, who’s seeking to avoid normal rules of transparency and accountability, who wants to help his staff get around, as I said, things like security, clearance, guidelines, and so on.

And those things do represent a break with all previous presidents in modern history: Republican, Democrat, left wing, right wing—all of them. We didn’t have a president before who defied those kinds of rules and norms and laws and respect for some basic principles of the Constitution before.

The fact is that people either liked it that he was doing that—they found the transgressiveness attractive, along with the language that he used about his enemies, you know, calling them “vermin” and the “enemy within” and so on. Either that was appealing—and, of course, that kind of language historically has been appealing; it does appeal to people—or they didn’t care.

But that means that there has been a shift in how Americans see their government, what they understand the Constitution is for. And that shift clearly precedes Trump. I mean, probably he helped shape it during his first term. He helped shape it during the four years he was out of power. But we now have a country that is prepared to accept things from their leader that would have tanked the career of anybody else eight years ago.

Rosin: So did you wake up on Wednesday morning and think, I live in a different country than I thought I did?

Applebaum: No. I mean, I thought from the beginning of this election campaign—I thought it was possible that he would win. I mean, I suppose, particularly the last couple weeks of his campaign, when he became darker and darker and more and more vitriolic, you know, I wondered whether some of that would bother people.

You know, the imagining guns trained at Liz Cheney, you know, talking about his enemies as the enemy within, talking about using the expression vermin or poison blood—these are terms that are directly taken from the 1930s and haven’t been used in American politics before. So I wondered whether people would be bothered by that.

But am I entirely surprised that they weren’t? No, I’m not. I think the population is now immune to that kind of language, or maybe they like it.

Coppins: Yeah, I would just say: I think that is one of the legacies of the Trump era, is how much he has successfully desensitized the country to this kind of rhetoric and behavior that, in an era not that long ago, voters would have deemed disqualifying.

He has managed to convince enough Americans that this kind of behavior, this kind of rhetoric is okay or, at least, that it doesn’t matter that much. And looking forward, I do think that’s going to be something we live with in our politics long after Trump is gone.

Rosin: I mean, there’s one way of looking at what you both are saying, which is: We woke up today; we have confirmation that we live in a failing democracy. But we actually don’t. All we have confirmation of is that people either don’t care that he talks like an autocratic ruler, they don’t notice, they like it, or they don’t put it in a broader historical context, which is that these are actual signs of actual autocracies, which happen all the time in history and across the world. Right? That’s all we know so far.

Applebaum: Yeah, that’s all we know. That’s all we know. We also don’t know whether Trump will do some of the things that he said he would do. I mean, he talked about mass firings of civil servants. He talked about having people around him who were loyalists. That’s what political scientists would describe as “capturing the state”—so taking over government departments, government institutions, putting them not in the service of the nation and of everybody but making part of your political machine, using them for your political purposes.

He talked about doing that. Will he try it again? Maybe, if he has a House and a Senate that will support him. As we’re speaking, we don’t know about the House, so we’ll see. They might make it easy. Will the judiciary support him? Some of it will. So will he do it? I don’t know.

General John Kelly, who was his former chief of staff, has said that last time Trump was president, he talked about: We should investigate or get the IRS on—at that time he was talking about the former FBI director, James Comey, or his deputy, Andrew McCabe. Maybe now he’s talked about punishing Adam Schiff—who’s a congressman, now a senator, who he doesn’t like—or Nancy Pelosi.

Will he do it? Will he use the IRS to go after people? I mean, that’s another thing that happens in failing democracies. And it’s also something that has happened in U.S. history before, so it’s not unimaginable.

So I don’t know whether he’ll do these things, but it’s now on the record that he has said he would, or he said he wants to. In some of the documents written by people around him, there have been plans to do that. That’s what Project 2025 was, in part. And none of it bothered people, and so we have to assume that it’s a possibility.

Coppins: I do think, to answer your earlier question, that it’s worth noting that, while a lot of voters went into the ballot box thinking about democracy—and in fact, according to one exit poll, around a third of voters said democracy was their top issue—a lot of voters were not thinking about these things, and they were not voting based on hoping that Donald Trump would weaponize the IRS against his political enemies. For example, a third of voters said the economy was their top concern. And I think when we talk about the shifts among those demographic groups, we have to acknowledge that a lot of it was a very simple response to groceries costing more, inflation being up, feeling like the economy was on the wrong track, and responding to a deeply unpopular incumbent president.

And while we can sit back and look at the broad scope of history, it is clear that not all voters who went in to vote in these last few weeks were thinking about democracy. But I think it’s also good to point that out because Donald Trump is going to claim a mandate, coming out of this election, and say: I swept the swing states. The voters want me to have all this power. He’ll implicitly say, They want me to abuse my power. They’ve given me permission to do whatever I want. And I think that it’s worth noting that for a whole lot of people who voted for him, they just wanted him to make groceries cost less.

Applebaum: Yeah, but that’s not really an excuse. I mean, you are, as a voter, obligated to know what the person you’re voting for stands for. And the responsibility of the president of the United States is not merely to control inflation. The president also has a lot of power over the U.S. government, over U.S. institutions, over American foreign policy, and by deciding you don’t care about those things, you do give him that mandate.

Coppins: But my concern is that there’s a risk of a kind of democratic fatalism coming out of this election, where we will decide that: Look—Americans voted for this aspiring autocrat, therefore he will be an autocrat, and democracy has failed.

And I think that it’s worth parsing this electoral data a little bit and acknowledging that a majority of Americans did not necessarily give him an autocratic mandate. Whether they were thinking about the things that they should have been thinking about, weighing the priorities the way that we think they should have been, I don’t think we should let—it becomes almost a self-fulfilling prophecy if we let Trump and his allies claim that, because he’s said and done all these things and he won the election, he now has permission to do whatever he wants.

Rosin: Yeah. One way of seeing the vote is that it wasn’t at all a referendum on Trump. It was people saying: My life was better in 2019, so I’m going with Trump. And I think why what you’re saying is important, McKay, is because people who didn’t vote for Trump can get discouraged and overwhelmed and tell themselves, People who voted for him voted for everything he stands for. And what follows from that is a sense of alienation. Like, This is not my country, and I don’t understand what’s going on.

Anyway, Anne, you mentioned that Trump ran an explicitly vengeful campaign, that he would come after “enemies from within,” whether they were immigrants, Democrats, or us, the journalists. And you have taught us to take leaders’ words seriously. And yet a lot of people, not just voters, have said, Oh, this is hyperbole. Stop taking it so seriously. So how do we know the difference?

Applebaum: We’ll know by his actions. Maybe it’s true that by saying those things and by acting out vengeance, maybe that was appealing to people who want some kind of vengeance, who are angry at whatever—the economy or the system or the establishment or the media or Hollywood or the culture—whatever it is that they’re angry at or feel deprived by, that he acted that out for them, and that was appealing to them. I’m sure that’s a piece of the explanation.

And then another piece of the explanation is that there were people, like The Wall Street Journal editorial board or the writer Niall Ferguson, who said, Oh, these things just don’t matter. It’s just hyperbole. You know, That’s just how he talks. So we’ll see, and we’ll wait for it.

Rosin: McKay, Project 2025, which came up a lot in the campaign and has been described as a blueprint for the next administration, includes transformative ideas about everything from abortion to tax policy. How much do you think that’s a realistic roadmap for what the administration might do?

Coppins: I would take it seriously. I think that there is a risk that—because Donald Trump, realizing it was a political albatross around his neck, decided to distance himself in the final months of the campaign—that we collectively take him at his word, and I don’t think we should.

I think that what he ends up doing in his next term will rely a lot upon who he appoints to his administration. I reported, back in December, that, in talking to people in Trump world about future appointees, the watchword was obedience. They talked about how Trump felt burned in his first term by appointees, people in his cabinet who saw themselves as adults in the room, who believed that their role was to constrain him, to keep the train on the tracks. And he doesn’t want people like that in his next administration. He doesn’t want adults in the room. He doesn’t want James Mattises or Mark Milleys or John Kellys. He wants absolute loyalists, either people who share his ideological worldview or, out of a sense of ambition or cravenness, are willing to do exactly what he says without questioning it.

And so when you look at Project 2025 and the part of the plan, for example, that has to do with politicizing the civil service, taking 50,000 jobs in the federal bureaucracy and making them political appointees subject to the whims of the president, it will matter a lot whether he follows through on that and who those people are.

A big part of Project 2025 was identifying loyalists, partisans, conservatives who could fill those roles. And so I think, when we talk through his next administration, what his agenda will look like, a lot of it comes down to this kind of truism of Washington that personnel is policy. So does Stephen Miller return to his administration in some kind of role where he gets to oversee immigration enforcement? It’s entirely possible, but that will make a big difference in terms of how much he follows through on his threats of mass deportation.

Who does he appoint as attorney general? That was one role that everybody I talked to in Trump world told me he was very committed to getting right because he felt the two men who served in that role in his first term betrayed him. So is it somebody like Josh Hawley or Mike Lee or Ted Cruz? These are the questions that we’re going to have to be answering, and we’ll get a lot more clarity in the coming weeks and months as we see those appointees and those short lists emerge.

[Music]

Rosin: After the break, we’re going to get into what mass deportations under Trump could look like.

[Break]

Rosin: Something else I’ve been thinking about a lot that Trump has threatened is mass deportations. They are expensive. They’re actually quite difficult to carry out. They require a lot of manpower, local and national. Is that bombast? Is that a realistic threat? How will we know the difference?

Coppins: Yeah. Again, this is where I think personnel will matter a lot, who is head of the Department of Homeland Security, for example. But just to go through what Trump promised on the campaign trail: He said that he would build massive detention camps, implement mass deportations at a scale never before seen in this country, hire thousands of additional border agents, use military spending on border security.

He even said he would invoke the Alien Enemies Act of 1798 to expel people who were suspected of being in drug cartels or gangs, without a court hearing.

He said he would end “catch and release,” reinstate the “Remain in Mexico” policy. And I think it’s notable that he did not directly answer whether he would reinstate family separation, which was the most controversial aspect of his immigration policy in the first term.

Take all these together—I think there are some of these things he could do pretty easily on his own with executive orders, and there’s not a lot of evidence that he could be constrained by the courts or by Congress. There are some things, like building massive detention centers, that would require a lot of money. Hiring thousands of more border agents would require a lot of money. So this is where control of Congress is going to matter a lot.

Rosin: Are there others on his list that are top of mind for either of you? Aid to Ukraine is one that I’m thinking of. Are there others where you’re going to be vigilantly watching: Okay, he said X. Is he going to do X?

Applebaum: Aid to Ukraine is in a slightly different category. It’s not about American autocracy and democracy. It’s a question of our position in the world. Are we going to remain the leader of a democratic camp, which is opposing the growing and increasingly networked autocratic camp? Will we oppose Russia, which is now in alliance with Iran and North Korea and China? Or will we not?

And this, again, from Trump world, I know a lot of people who spent a lot of time in the run-up to the election trying to find out what Trump meant when he said, I’ll end the war in one day, which has been his standard response when asked about it. And you can literally find almost as many interpretations of that expression as there are people in Trump’s orbit.

I mean, it ranges from, We’re just going to cut off all the funding, to, We’re going to give Ukraine to the Russians, to something quite different. There are people who said: No. We’re going to threaten the Russians. We’re going to tell them we’re bringing in a thousand tanks and a thousand airplanes unless you pull back. And so that’s another version that I’ve heard. There are versions that suggest offering something to Russia—you know, some deal. But honestly, I don’t know.

Rosin: But those are legitimate foreign-policy debates. You can be an isolationist democracy. Those are not fundamental threats in your mind to the nature of this country and what it should be?

Applebaum: No, although there are connections and have always been—we haven’t always acknowledged them—between America’s alliances and America’s democracy. So the fact that we have been aligned in the past with a camp of other democracies, that we put democracy at the center of our foreign policy for such a long time during the Cold War, was one of the reasons why our democracy was strengthened.

It’s well known that during the Cold War, one of the reasons why there was an establishment shift towards favoring civil rights and the civil-rights movement was the feeling that: Here’s this thing we stand for. We stand for democracy. We stand for the rule of law, and yet we don’t have it in our own country. And there were a lot of people who felt that very strongly. And it’s not a bad reason why that happened, but it’s part of the explanation.

You know, Who are your allies? Who are your friends? This affects, also, what kind of country you are and your own behavior. Who are your relationships? You know, if our primary political and diplomatic and economic relationship is with Russia and North Korea, then we’re a different kind of country than if our primary relationship is with Britain and France.

Coppins: The only other kind of policy area that I’ll be keeping an eye on is tariffs. He has said that he would impose between 10 and 20 percent across-the-board tariffs on all U.S. imports and a 60 percent tariff on all Chinese goods.

A lot of economic experts pointed out that this would very likely cause massive inflation. And given that he was just elected, in large part, on voter frustration with inflation, it’s an open question whether he’ll follow through on this. He clearly does not believe—and this is one of the few issues that he’s been pretty consistent on his entire life—he does not believe it would cause inflation. Almost every economics expert disagrees with him.

And in his first term, there were people in the White House who blocked him from imposing more tariffs than he actually did, in fact to the point where we saw reporting from Bob Woodward that his staff secretary was literally taking executive orders off his desk before he could sign them and kind of losing them in the bureaucracy of paperwork. Will there be somebody like that this time? Will there be somebody who can get his ear and convince him not to go through with this? That is something that I think a lot of people will be looking at because the economic implications for this country and globally could be pretty profound.

Rosin: And what are the bigger implications of tariffs? Like, that could just be a legitimate economic debate. Some people believe in tariffs. Some people don’t believe in tariffs. And it’s an experiment and, you know, economic protectionism.

Coppins: I would not say that this is one of those kind of core democratic issues, that certainly, to various degrees, there have been protectionist policy makers and politicians in both parties over the last several decades. It could cause a trade war. It could interfere with our diplomatic relations with the countries that we’re imposing tariffs on. There are a lot of trickle-down implications.

But yes, I do think it’s important. And I like that what you’re doing here is separating the issues that are kind of more typical policy disagreements from those things that Anne has been talking about, which are fundamental to American democracy. I don’t think tariffs are, but they could have an effect on a lot of Americans, and so that’s why I think it’s worth keeping an eye on.

Rosin: Okay. There’s obviously going to be some resistance to Trump. Let’s start simple: McKay, who is going to be the leader of the Democratic Party?

Coppins: So, obviously, if Democrats take control of the House, Hakeem Jeffries, the next speaker, would, I think by default, become the kind of leader of the Democratic opposition to Trump, at least for a while.

If Democrats don’t take control of the House, I think it’s a very open question and, frankly, it’s one that Democrats probably should have been trying to answer two years ago. Joe Biden deciding to stay in the race after the 2022 midterms will probably go down as one of the most consequential political decisions in this era. The fact that he stayed in for so long, only to drop out in the final months of the election, meant that Democrats didn’t really have time to have the big intraparty debate about what they should stand for, who their standard-bearer should be.

That debate will be happening now. And it’s going to be contentious and noisy and unsettling to a lot of left-leaning voters. I also think it’s healthy to have these conversations. And I think Democrats, in some ways, are kind of innately averse to that kind of contention. And I think that they might need to kind of get comfortable with it, because one way to look at the two elections that Donald Trump has won is that he really benefited from the fact that Democrats cleared the field for the two nominees he ended up beating: Hillary Clinton in 2016, Kamala Harris in 2024.

One takeaway that I think a lot of Democrats will have is that Democrats need to decide that they’re okay with a little messiness in letting their voters decide who their nominee will be.

Rosin: Anne, when other countries have faced a moment like this—a moment when you have to be vigilant, things are in the balance, the opposition feels alienated, it’s unclear who the opposition leaders are at the moment—how do you move through a moment like that? Like, how have other countries successfully moved to a healthier place?

Applebaum: I mean, it almost entirely involves building broad coalitions. The only real example I can give: I live part of the time in Poland. We had an autocratic, populist government takeover in 2015. They did try to capture the state.

They did it pretty successfully. They took over state media, which is a big deal in Poland, and they made it into a kind of propaganda tube. Poland has some state companies, and they took over the companies and began using the money to fund themselves and their party and so on. They enriched themselves, and they tried to create a system whereby they would never lose again.

Remember that another sign of autocracy and a very, very important thing to watch for is corruption. Because when you remove guardrails and when you remove inspectors general and when you weaken the media, then it becomes much easier for people to be corrupt. And we’ve already got that problem in our system, and it’s going to get a lot worse.

Essentially, what happened was the building of a coalition that went, in their case, from the center-left to the center-right—kind of center-left liberal, center-right—of people who wanted something. It was, in part, an anti-corruption coalition, so it wasn’t so much built around fighting for democracy, although that was a piece of it.

The coalition was also seeking to fight against corruption and for good government. But it took eight years. It was a long process. And along the way, a lot of money was stolen. And the institutions declined, and the country is worse governed, and there are a lot of problems that are not going to be easy to solve.

But there’s a look for coalitions. There was some internal soul-searching about what it was we did that—Why did we lose? But I’m not sure even how useful all of that was. I mean, what mattered, in the end, was the reconstruction of an opposition that had a clear message, that had a clear critique, and offered a vision of a different kind of future that was led by somebody who was charismatic.

Rosin: Yeah. That is actually really useful, even to know that the coalitions don’t have to be for the restoration of democracy. They can be against mass deportation, against tariffs. Like, you can form coalitions, if you tell yourself, No, the voters did not give a mandate to Donald Trump to do whatever he wants and carry out all of his policies. That is not what happened in the last election, coalitions can form—popular coalitions—around all kinds of issues.

Applebaum: Yeah. I mean, you could have a coalition that really cares about women’s issues and women’s rights and abortion rights. And you can have another one that really cares about the environment. And you can have another one that really cares about corruption. And you link them together, and then you have a movement.

Rosin: Right.

Applebaum: And that’s sometimes more effective. I mean, democracy is an abstract word that doesn’t necessarily mean things to people. It has to be made real through something that people experience. And maybe that’s how we have to look at it too.

Rosin: Yeah. I think the thing that catches me in this election, which we haven’t quite touched on, is the truth-and-lies problem. I find that so overwhelming, like, the idea that people believe an untrue thing about what happened on January 6 and an untrue thing about what happened at Springfield, Ohio. And, as a journalist, I always find that an impossible barrier to cross. But maybe you’re suggesting ways to cross that barrier is: Well, people believe smaller truths.

Applebaum: It’s one of the ways. We now have an information system that enables the creation of alternate realities. For me, one of the really striking things about the election campaign wasn’t so much Trump. It was Musk. Elon Musk, who owns a big and important social-media platform, was saying things that he must have known not to be true: falsehoods about immigration, about the election.

He was allowing the platform to deliberately promote them. And he seemed to be doing that as a way of demonstrating his power. He was showing us that he can decide what people think. And he was working hard to create this alternate world in which things that aren’t true seem true. And that—I’m afraid it was really successful.

Rosin: Right.

Coppins: And the other thing that I think we’ve seen is that a big purpose of propaganda and disinformation is not even just to convince people that a certain thing is true but to almost exhaust their ability to tell the difference between what’s true and what’s not, and make them cynical and fatigued and disinclined to even try.

I remember in 2020, I spent a lot of time covering disinformation in the campaign. And that was the thing that I would encounter when I talked to Trump voters. It wasn’t so much that they believed everything he said. Some would even acknowledge that he would lie or exaggerate. But they would throw their hands up and say: Yeah, they all lie, right? Who even knows what’s true? And that, I think, is the thing that we need to guard against over these next few years.

Applebaum: That is the essence of Putinist propaganda. It’s not so much that you’re expected to believe everything he says about whatever, the greatness of Russia or the horror of Western civilization. But you’re expected to become so confused by the multitude and number of lies that you’ve been told that you throw your hands up in the air, and you go home, and you say, I don’t know anything. I can’t be involved in this. I don’t want anything to do with politics. I’m just going to live my life.

And that turns out to be a really, really successful form of propaganda, probably more successful than the old-fashioned Soviet thing of telling everybody that everything is great, which you can disprove pretty easily.

Rosin: Well, Anne and McKay, with your idea of coalitions, I had almost succeeded in finding us a practical path of thinking about a future. But now we’re back at this big veil of disinformation, which is not the place I want to end. Is there some way to turn that ship?

I’ll ask you again, Anne: How have people turned that ship when you find a culture, a populace that’s just become cynical and overwhelmed by lies? How have other countries successfully crawled out of that disinformation?

Applebaum: You build relationships of trust around other things. I mean, almost as we were just talking about, you find alternative forms of communication, all different ways of reaching people. That’s the only way.

Rosin: All right. Well, Anne, McKay, we will have many more such conversations, but thank you for helping us be more discerning.

Coppins: Thank you.

Applebaum: Thanks.

[Music]

Rosin: This episode of Radio Atlantic was produced by Jinae West and Kevin Townsend and edited by Claudine Ebeid. It was engineered by Rob Smierciak. Claudine Ebeid is the executive producer of Atlantic audio, and Andrea Valdez is our managing editor. I’m Hanna Rosin. Thank you for listening.

What We’re in For

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › trump-election-presidential-term › 680562

This time, the nation was on notice. Back in 2016, those of us who supported Donald Trump at least had the excuse of not knowing how sociopathy can present itself, and we at least had the conceit of believing that the presidency was not just a man, but part of an institution greater than the man, with legal and traditional mechanisms to make sure he’d never go off the rails.

By 2020, after the chaos, the derangement, and the incompetence, we knew a lot better. And most other Americans did too, voting him out of office that fall. And when his criminal attempt to steal the election culminated in the violence of January 6, their judgment was vindicated.

So there was no excuse this year. We knew all we needed to know, even without the mendacious raging about Ohioans eating pets, the fantasizing about shooting journalists and arresting political opponents as “enemies of the people,” even apart from the evidence presented in courts and the convictions in one that demonstrated his abject criminality.

We knew, and have known, for years. Every American knew, or should have known. The man elected president last night is a depraved and brazen pathological liar, a shameless con man, a sociopathic criminal, a man who has no moral or social conscience, empathy, or remorse. He has no respect for the Constitution and laws he will swear to uphold, and on top of all that, he exhibits emotional and cognitive deficiencies that seem to be intensifying, and that will only make his turpitude worse. He represents everything we should aspire not to be, and everything we should teach our children not to emulate. The only hope is that he’s utterly incompetent, and even that is a double-edged sword, because his incompetence often can do as much as harm as his malevolence. His government will be filled with corrupt grifters, spiteful maniacs, and morally bankrupt sycophants, who will follow in his example and carry his directives out, because that’s who they are and want to be.

[Tyler Austin Harper: Blame Biden]

I say all of this not in anger, but in deep and profound sorrow. For centuries, the United States has been a beacon of democracy and reasoned self-government, in part because the Framers understood the dangers of demagogues and saw fit to construct a system with safeguards to keep such men from undermining it, and because our people and their leaders, out of respect for the common good and the people of this country, adhered to its rules and norms. The system was never perfect, but it inched toward its own betterment, albeit in fits and starts. But in the end, the system the Framers set up—and indeed, all constitutional regimes, however well designed—cannot protect a free people from themselves.

My own hope and belief about what would transpire last night was sadly and profoundly wrong—like many, I have the emotional and intellectual flaw, if that’s what it is, of assuming that people are wiser and more decent than they actually turn out to be. I feel chastened—distraught—about my apparently naive view of human nature.

I dare not predict the future again, particularly as it comes to elections and other forms of mass behavior. But I daresay I fear we shall see a profound degradation in the ability of this nation to govern itself rationally and fairly, with freedom and political equality under the rule of law. Because that is not actually a prediction. It’s a logical deduction based on the words and deeds of the president-elect, his enablers, and his supporters—and a long and often sorry record of human history. Let us brace ourselves.

There Is No Constitutional Mandate for Fascism

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 11 › trump-election-self-determination-constitution › 680554

Former President Donald Trump won a sweeping victory in the Electoral College, four years after executing multiple schemes to overthrow an election he lost and seize power by force, and months after being convicted of state crimes in New York. He ran a race of slander and lies against immigrants and his political opponents, vowing to seize dictatorial powers in a campaign of vengeance.  

But he won. When all the votes are counted, he may not have won the popular vote, but he will have won a decisive victory in the Electoral College nonetheless. Behind him are Republican Party apparatchiks who see the devotion of Trump’s followers as a vehicle for their most extreme ideological schemes, including national bans on abortion, a mass deportation that could wreck the economy and subject Americans of any immigration status to invasive state scrutiny and force, and an immense distribution of income upward. The Democrats’ reward for steering the economy out of the post-pandemic economic crisis will be watching their opponent claim credit for the prosperity that their work created—an economy unencumbered by inflation and the high interest rates once needed to tame it. If Trump seems popular now, he will likely be much more popular in a year.

Trump will claim a popular mandate for everything he does. He did that when he eked out a narrow Electoral College victory in 2016, and he will do it now. But there is no constitutional mandate for authoritarianism. No matter what the Roberts Supreme Court says, the president is not a king, and he is not entitled to ignore the law in order to do whatever he pleases.

Americans cannot vote themselves into a dictatorship any more than you as an individual can sell yourself into slavery. The restraints of the Constitution protect the American people from the unscrupulous designs of whatever lawless people might take the reins of their government, and that does not change simply because Trump believes that those restraints need not be respected by him. The Constitution does not allow a president to be a “dictator on day one,” or on any other day. The presidency will give Trump and his cronies the power to do many awful things. But that power does not make them moral or correct.

[David Frum: Trump won. Now what?]

The Trump administration’s record of union busting, repealing workplace regulations, and cutting the welfare state to enrich the already wealthy will have few obstacles. The coterie of extremists that surrounds Trump has a radical conception of what America should be that includes suppressing the speech and expression of their political opponents; a racial hierarchy entitled to legal protection and enforcement; a society in which women’s bodies are treated as state property and LGBTQ people have few rights that others need respect. They will have a willing partner in an already extreme-right Supreme Court, which will be emboldened to enable this agenda of discrimination, deportation, and domination, using a fictionalized historical jurisprudence to justify it.

The Biden administration sought to bring down the temperature of the Trump era by offering aid to families, revitalizing American manufacturing, and easing inflation without increasing unemployment. That politics brought them few rewards, and the Democrats are unlikely to pursue such an agenda again, if they ever return to power. Trump has expressed admiration for nationalist strongmen such as Hungary’s Viktor Orbán, who holds power in a country that still has elections but where there is little chance of the opposition succeeding, because both the state and social levers of power are under the purview of one man. The Trump entourage will return with more detailed plans for authoritarian governance; perhaps the only guardrail they now face is that they prize loyalty over genuine expertise. But fewer people will be willing to stand up to Trump than last time.

I believe that, as in previous eras when the authoritarian strain in American politics was ascendant, the time will come when Americans will have to face the question of why democracy was so meaningless to them that they chose a man who tried to overthrow their government to lead it. They’ll have to decide why someone who slandered blameless immigrants as pet-eating savages and vowed to deport them for the crime of working hard and contributing to their community, something conservatives claim they want from newcomers, should lead a nation where all are supposed to be created equal. They’ll have to determine why a country conceived in liberty would hand power to the person most responsible for subjecting women to state control over their bodies, to the point of treating them as mere reproductive vessels not worth saving until they are bleeding out in an emergency room.

Millions of Americans are already asking themselves these questions this morning. All of the potential answers are disquieting. Choosing Trump in 2016, prior to everything he did as president, was frightening enough. Choosing him in full knowledge of how he would govern is worse. But there is no sunset on the right and duty of self-determination; there are no final victories in a democracy. Americans must continue to ensure that they live in one.

The Lessons of 1800

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › 2024-election-precedent › 680541

Americans are headed to the polls today, to cast their ballots in a crucial election. People are anxious, hopeful, and scared about the stakes of the election and its aftermath. But this is not the only such electoral test that American democracy has faced. An earlier contest has much to say to the present.

The presidential election of 1800 was a crisis of the first order, featuring extreme polarization, wild accusations, and name-calling—the Federalist John Adams was labeled “hermaphroditical” by Republicans, and Federalists, in turn, warned that Thomas Jefferson would destroy Christianity. People in two states began stockpiling arms to take the government for Jefferson if necessary, seeing him as the intended winner. Federalist members of Congress considered overturning the election; thousands of people surrounded the Capitol to learn the outcome; and an extended, agonizing tie between Jefferson and Aaron Burr took 36 votes to resolve in the House of Representatives.

We’re not looking at a replay of the 1800 election; history doesn’t repeat itself. But two key components of that electoral firestorm are speaking loudly to the present: the threat of violence, and the proposed solution to the electoral turmoil after the contest’s close.

The unfortunate truth is that democratic governance is often violent. When the promises and reach of democracy expand, it almost always brings an antidemocratic blowback, sometimes including threats and violence. Black men gaining the right to vote during the Civil War was met with bluntly hostile threats, intimidation, and voter suppression during Reconstruction. The advancing demands for the civil rights of Black Americans in the 1960s led to vicious beatings and murders. In both eras, white Americans who felt entitled to power—and who felt threatened by the expanding rights and opportunities granted to racial minorities through democratic means—resorted to violence.

[Elaine Godfrey: The real election risk comes later]

At the end of the 18th century, the Federalists were the party of extreme entitlement. They favored a strong central government with the power to enforce its precepts and were none too comfortable with a democratic politics of resistance, protest, and pushback. They wanted Americans to vote for their preferred candidates, then step aside and let their betters govern.

When Jefferson and Burr—both Democratic Republicans—received an equal number of electoral votes, the Federalists were horrified. They faced the nightmare choice between Jefferson, a notoriously anti Federalist Republican, or Burr, an unpredictable and opportunistic politico with unknown loyalties. They largely preferred Burr, who seemed far more likely to compromise with the Federalists.

Tied elections are thrown to the House of Representatives to decide, with each state getting one vote. Given this chance to steal the election, Federalists inside and outside Congress began plotting—perhaps they could prevent the election of either candidate and elect a president pro tem until they devised a better solution.

Federalist talk of intervention didn’t go unnoticed. Governors in Pennsylvania and Virginia began to stockpile arms in case the government needed to be taken for Jefferson. This was no subversive effort; Jefferson himself knew of their efforts, telling James Madison and James Monroe that the threat of resistance “by arms” was giving the Federalists pause. “We thought it best to declare openly & firmly, one & all, that the day such an act [of usurpation] passed the middle states would arm.”

Ultimately, there was no violence. But the threat was very real—a product of the fact that Federalists felt so entitled to political power that they were unwilling to lose by democratic means. And losing is a key component of democracy. Elections are contests with winners and losers. Democracy relies on these free and fair contests to assign power according to the preferences of the American people. People who feel entitled to power are hostile to these contests. They won’t accept unknown outcomes. They want inevitability, invulnerability, and immunity, so they strike out at structures of democracy. They scorn electoral proceedings, manipulate the political process, and threaten their opponents. Sometimes, the end result is violence. In the election of 2024, this is the posture adopted by former President Donald Trump and his supporters. As in 1800, a steadfast sense of entitlement to power is threatening our democratic process.

The election of 1800 was just the fourth presidential contest in American history, and only the election of 1796, the first without George Washington as a candidate, had been contested. After the crisis of 1800, some people sought better options. Unsettled by the uproar of 1800, at least one Federalist favored ending popular presidential elections altogether. Thinking back to the election a few years later, the Connecticut Federalist James Hillhouse proposed amending the constitutional mode of electing presidents. The president should be chosen from among acting senators, he suggested. A box could be filled with balls—most of them white, one of them colored— and each senator who was qualified for the presidency would proceed in alphabetical order and pull a ball from the box. The senator who drew the colored ball would be president. Chief Justice John Marshall, who agreed that presidential contests were dangerous, declared the plan as good as any other.

Most people didn’t go that far, but Federalists and Republicans alike understood that the threat posed by fiercely contested partisan elections could be dire. Although the presidency had been peacefully transferred from one party to another, the road to that transfer had been rocky. Stockpiling arms? Threats of armed resistance? Seizing the presidency? The entire nation rocked by political passions, seemingly torn in two?

One Republican asked Jefferson in March 1801: What would have happened if there had been the “non election of a president”? Jefferson’s response is noteworthy. In that case, he wrote, “the federal government would have been in the situation of a clock or watch run down … A convention, invited by the republican members of Congress … would have been on the ground in 8 weeks, would have repaired the constitution where it was defective, and wound it up again.”

The political process would save the nation. A convention. Perhaps amending the Constitution. The solution to the crisis, Jefferson argued, lay in tried-and-true constitutional processes of government. As he put it, they were a “peaceable & legitimate resource, to which we are in the habit of implicit obedience.”

[David A. Graham: How is it this close?]

And indeed, that is the purpose of the Constitution, a road map of political processes. As Americans, we agree to abide by its standards or use constitutional and legal political means to change them. When people attack the Constitution—threaten it, ignore it, violate it—they are striking a blow to the constitutional pact that holds us together as a nation. We don’t often think about this pact, or even realize that it’s there—until it’s challenged.

Which brings us to the present. Today’s election presents a stark choice. Americans can either respect the basic constitutional structures of our government, or trample them with denial and lies. The Constitution is far from perfect. It needs amending. But it is our procedural starting point for change.

By voting, you are signaling your belief in this process. You are declaring that you believe in the opportunities presented by democracy, even if they sometimes must be fought for. Democracy isn’t an end point; it’s a process. This election is our opportunity to pledge our allegiance to that process—to the constitutional pact that anchors our nation. The choice is ours.

Donald Trump’s Hatred of Free Speech

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › donald-trump-hates-free-speech › 680515

In the fall of 2022, pro-democracy protesters in cities across mainland China developed a clever tactic for speaking out against government forces that wished to silence them. They began holding up blank sheets of paper, as well as tacking up blank paper in public spaces, to register their disapproval of restrictive lockdown rules as well as their disapprobation of the government’s repressive censorship laws.

Observers from all over the world noted with admiration the courage and creativity of the protesters, who’d found a bold way to speak out while saying nothing at all. Chinese authorities cracked down on the dissenters, censoring online reporting about them and arresting or otherwise threatening those who have tried to remind people of the movement since then.

In America, a country consecrated to freedom, the dystopian scenes out of China seemed distant. Americans understand on a bone-deep level that, to paraphrase James Madison, absolute sovereignty belongs to the people, not the government. Americans are free to say what we believe, and free to share our ideas with our fellow citizens. We are free to criticize the government, which is accountable to the people, not the other way around. The First Amendment does not grant us these freedoms—they are an inviolable right. The First Amendment does, however, dictate that the government dare not interfere with these freedoms, that officials have no right to cut down the American people’s speech, including the people’s right to free press.

To be comfortable in these freedoms, to assume that we would never need to resort to holding up blank sheets of paper to criticize the powerful, is a luxury that Americans cannot presently afford.

The United States is on the eve of an election that could see the return to power of Donald Trump, an autocrat who vociferously and repeatedly threatens the basic freedoms of the American people—with a particular preoccupation with curbing freedom of speech and freedom of the press. Worse still, he has persuaded his followers to cheer on the demise of their own freedoms. When Trump tells people that journalists are “the enemy of the American people,” or “evil,” when he says that Americans who describe the criminal charges he faces should be investigated for treason, he is not merely denigrating a professional class; he is directly attacking the rights of all Americans. He is attacking those who happen to work as journalists, but he is likewise attacking their neighbors—every American who has the right to free speech and free press themselves.

“I think the bigger problem is the enemy from within,” Trump said in an interview with Fox Business’s Maria Bartiromo in October. “We have some very bad people; we have some sick people, radical-left lunatics,” he said, using the term he often directs at American citizens who work in journalism, as well as his political foes generally. He went on: “And it should be very easily handled by, if necessary, by the National Guard, or if really necessary by the military.”

Donald Trump does not seem to believe in free speech or the freedom of the press at all. He believes that when his fellow citizens say things he doesn’t like, he should have the power to shut them up. And he has repeatedly suggested investigating and imprisoning Americans, as well as turning the U.S. military on the American people in order to do so. No wonder Trump is so starry-eyed over China’s dictator, Xi Jinping, whom Trump often praises in effusive terms. No wonder Trump has similarly embraced the dictator and former president of the Philippines, Rodrigo Duterte, who bragged about leading his country to the extrajudicial killing of thousands of Filipino citizens, including those working as journalists. (“Just because you’re a journalist, you are not exempted from assassination if you’re a son of a bitch,” Duterte once said.) And no wonder Trump openly admires the autocrats Vladimir Putin (“genius”) and Viktor Orbán (“a great man”), both of whom he describes as being “at the top of their game, whether you like it or not.”

In Trump’s recent interview with the podcaster Joe Rogan, Trump complained about the Americans who have noticed his pattern of adulation for the brutal leaders of antidemocratic regimes, whose citizens do not have the right to free speech. “They hate when I say—you know, when the press—when I call President Xi, they said, ‘He called President Xi brilliant.’ Well, he’s a brilliant guy. He controls 1.4 billion people with an iron fist.” He went on: “Actually, we have evil people in our country.”

Trump is making it abundantly clear that dictators aren’t the problem—rather, Americans exercising their right to free speech and free press are the problem, and they are a problem that should be solved by dictatorial rule.

One person who seems to share Trump’s confusion over basic American freedoms is Elon Musk, who strangely claims to be a free-speech absolutist, all while remaking Twitter into a propaganda arm of the Trump campaign. Musk, like Trump, is fixated on tearing down American citizens and their right to free press. Musk likes to post spirited calls to action on his social platform such as “We are the mainstream media now,” seeming to believe that he is the one who grants Americans their right to expression. (Never mind that a social platform that is truly absolutist in letting anyone say whatever they want would probably look more like 4Chan than anything else—that is, it would neither delete its users’ comments nor deploy algorithms to amplify its owners’ political views.)

Musk has long aspired to be taken seriously by the news industry, and his aggrievement seems to stem, in part, from the fact that he is not. Before his $44 billion purchase of Twitter, he floated the idea of starting various news sites—including one in which users would upvote or downvote stories as part of a “credibility-ranking site for people to rate journalists and news organizations,” not realizing or perhaps not caring that truth, and therefore credibility, is not something that can be established or eliminated through the clicking of buttons on the internet at scale. (Such a system would, however, be very useful for efforts at political warfare.)

Today, Musk claims that Twitter is “the top source of news on Earth!” when in reality it is among the closest analogues that America has ever seen to a state-run media outlet. And although several operators of huge social platforms have floated the idea of accreditation or licensing for journalists the way lawyers take the bar and doctors take board exams, there is no special class of licensed journalists, and that is by design. Every American citizen has the right to free press. You do not need to work full-time as a journalist, or pass a test, or join a professional association to exercise this right.

One of the knock-on effects of living in a country whose citizens have the right to say and publish whatever they want is that people sometimes say abhorrent things. (And also: People can consume the information they wish. But for that to happen, your fellow citizens have to be free to offer it to you in the first place, whether what you’re seeking is Newsmax, Joe Rogan, or The New York Times.) In practice, the rights of free speech and free press are interwoven this way. And any American who consumes media, or publishes their own research, reporting, or opinions on any platform—whether on a flyer stuck to a telephone poll, in an Instagram post, or in a local newspaper—is benefiting from the protection of these rights, and would suffer greatly if they were curtailed.

Social media is miraculous in its flattening ability—people can self-publish their ideas with very little friction and no financial cost; they have the potential to reach a massive audience in an instant. These qualities are positive on their face, and sometimes mean that people mistake Twitter for an engine of free speech, when in fact it is a private company run by an illiberal man who is throwing everything he has behind an anti-free-speech politician who wants to attack his fellow Americans with their own military.

Trump’s and Musk’s most ardent supporters are fond of posting a meme that goes like this: “You don’t hate journalists enough. You think you do, but you don’t.” Musk, of course, has every right to run his social platform how he chooses. If he wants to make it a forum for railing against the American right to free speech and free press, while believing he can convince people that doing so demonstrates his commitment to free speech, that’s his prerogative. If he wants to stoke hatred and partisanship, and advocate for interruptions to the peaceful transfer of power in the United States, he can.

But Musk cannot grant the American people their right to free speech any more than Trump can. The American right to free speech and free press is God-given. And the Constitution is intended to protect Americans from government tyrants who would attempt to quash our freedom in just the way that Trump is threatening to do, with Musk’s full-throated endorsement.

Trump’s threats are already effectively silencing Americans. Consider, for example, Jeff Bezos’s profound cowardice in banning The Washington Post from publishing its endorsement of Trump’s rival. (Ditto Patrick Soon-Shiong over at the Los Angeles Times.) Bezos, like Musk, is free to run his business how he chooses. But that shouldn’t shield him from criticism over his actions. In explaining his decision, Bezos blamed the American citizens who work as journalists for being hated, denigrated, and threatened by Trump. “Our profession is now the least trusted of all,” he wrote in an essay explaining himself, with no apparent trace of irony given the breach of trust that his actions represented. “Something we are doing is clearly not working.”

Something that is apparently working: Trump’s Musk-assisted campaign to tell Americans they should rail against their own right to free press and free speech. The illiberal techno-authoritarian crowd cheered Bezos on for his kowtowing, and for his chastising of the journalism industry, and Trump began using the newspaper’s non-endorsement as a campaign talking point. (It may seem odd that Trump would boast about a newspaper’s decision not to endorse his rival, given his hatred of the press, but he dismisses newspapers as “fake news” only when they criticize him.)

This is how tyranny works: Amplify praise for the dear leader, silence dissent, crack down on individual freedoms, repeat. A free society’s fall into authoritarianism does not start with citizens being forced to protest using blank sheets of paper. But it can get to that point with dizzying speed. This is the warning that people in once-free nations always repeat: You’re free until you are not. And destroying a people’s right to speak and publish freely is always one of the first moves in the autocrat’s playbook.

Centuries ago, the American colonists forging a new way of life on this continent found themselves subject to laws and restrictions on free speech that dated back to medieval England. You could not criticize the government without facing violent punishment. Public whippings were routine. One Maryland man, who called his local legislature a “turdy shitten assembly” in 1666, was sentenced to be tied to an apple tree and lashed 30 times, according to Stephen D. Solomon’s account in Revolutionary Dissent: How the Founding Generation Created the Freedom of Speech. A Virginia man who criticized the government had his arms broken and was beaten by a group of men who flogged him with their rifles. Courts sentenced others to have their ears cut off, as in the case of a Massachusetts man who denounced the Church and the government in 1631. Americans were lashed and beaten and bloodied for their right to speak freely. Eventually many of them fought and died to protect themselves, and they did so to create a free society that would protect future American citizens from such barbarism and tyrannical government overreach.

Trump would like to convince the American people that his hatred is laser-focused. He would like Americans to believe that his threats of retribution are reserved only for his political foes, for the former advisers he now deems disloyal, for the tens of thousands of American citizens who work as journalists. What Americans need to understand is that anyone who would threaten to quash the most fundamental rights of some of their fellow citizens is threatening to impinge the rights of all Americans. The United States is still a nation consecrated to freedom. And the American people should not hand it over to anyone who would dare try to convince you otherwise.