We are no longer at a “tipping point” or “an inflection point.” We are no longer “sliding” toward autocracy. Donald Trump no longer “aspires” to be an autocrat. Last week, in case you had any doubt, the Trump regime went full-bore authoritarian. We cannot accurately describe the current United States government as a functional democracy.
At best, we now live in a “hybrid regime”—one with characteristics of both a democracy and an autocracy. An apparatchik like FCC chairman Brendan Carr can force a comedian off the air; but a public boycott and popular criticism can prevail to return him to the airwaves, more popular than ever. The regime pushes out prosecutors who remain loyal to the rule of law and persecutes an opponent; nevertheless, a grand jury of ordinary citizens rejects one count, and the indictment draws widespread condemnation. The regime spews nonstop lies and propaganda and engages in coverups; there is some pushback from Congress.
Whether we are a hybrid regime or a full police state is debatable, but after the events of last week, our democracy and the rule of law appear to be in tatters. Consider that in a single week, Trump:
Forced out a U.S. attorney to put in an utterly unqualified flunky who overrode the recommendation of career prosecutors and barely obtained a patently absurd criminal indictment (a classic vindictive prosecution) against former FBI director James Comey based on a “false statement.” (That statement is unspecified and, in all likelihood, not false. The government almost certainly cannot prove the requisite mens rea.)
Demanded a private company fire former Justice Department deputy attorney general Lisa Monaco.
Fired another U.S. attorney for abiding by a court order.
Declared his intent to prosecute on nebulous grounds a private foundation that supports liberal causes.
Issued a blatantly unconstitutional executive decree (based on a specious accusation that liberals are responsible for political violence) that “threatens criminal and civil investigations against nonprofits based on their point of view…. a thinly veiled ruse to crack down on its political opponents.”
Demanded (with no legal justification whatsoever) that Defense Secretary Pete Hegseth deploy military force in the entirely peaceful city of Portland, Oregon. (The long-threatened deployment to Memphis is planned for this week.)
Unilaterally enacted more taxes (tariffs), this time on prescription drugs (at a 100% rate), heavy trucks, and furniture.
Gleefully celebrated yet another gift of unchecked executive power from the MAGA partisan majority on the Supreme Court (which again acted by shadow docket decree, without full briefing or a complete opinion.)
Imperiously threatened to undertake more unilateral firings and dismantle more federal government operations in the event Democrats do not provide votes to keep the government open.
More fascistic conduct is sure to come. Trump has vowed to bring more blatantly vengeance-fueled prosecutions against other perceived “enemies,” New York Attorney General Tish James and California Sen. Adam Schiff. He surely will threaten other cities with military occupation.
His comically unqualified and unserious defense secretary will gather all top military brass from around the world at a cost of millions of dollars and at the expense of national security to deliver a cringeworthy diatribe on “grooming and the warrior ethos”—about what you would expect from a TV talk show host with zero credibility on any serious national security issue. (One more step toward the politicization of our military.)
Moreover, the cesspool of corruption indicative of autocratic regimes expands by the day. Snarling immigration czar Tom Homan, according to a deeply reported account, received $50,000 from undercover agents before the election in a classic pay-to-play scheme. After the election, the Trump regime quashed the investigation.
But a 5-figure payout is pocket change for this crew. The multi-billion crypto get-rich-quick gambit is now as much a part of the Trump family business as cheap cologne, sneakers, and golf courses.
Then, to top it off, just as we saw in Hungary and in Benito Berlusconi’s Italy, right-wing allies of the ruling regime have continued to consolidate control of media outlets, thereby tightening the stranglehold on free expression and news. (Even Jared Kushner is getting into the game, with his firm contributing to the acquisition of Electronics Arts.)
None of this is acceptable in a democratic country. A single item would be cause for alarm, and ample grounds for congressional investigation and potential impeachment. The accumulation of so many constitutional violations coupled with the utter passivity of the MAGA-controlled House and Senate and a docile MAGA majority on the Supreme Court means we are not a functioning democracy bound by the rule of law. It’s no use soft-pedaling the extent of the problem, ignoring the suffering inflicted on ordinary Americans, or minimizing the Herculean work that will be needed to repair our system.
None of this is to say Trump’s autocracy is permanent. Lower courts are in open revolt against a lawless Supreme Court majority operating outside jurisprudential norms. Public protest and consumer boycott power have grown exponentially. State and local Democratic leaders (including states’ attorneys general) have kept up the fight against authoritarianism and continue to address real world problems within the bounds of democratic values. Even legacy media outlets have pepped up a bit. Most importantly, elections in New Jersey and Virginia offer the opportunity for decisive rejection of MAGA politics (and for reaffirming support for judges in Pennsylvania who support the rule of law).
The midterms must be viewed as a critical choice for Americans: do we go full-fledged authoritarian by keeping Trump’s enablers in Congress or begin the long trek back to sanity, democracy, and the rule of law? In short, we are in a constitutional crisis, but we still have agency and power to end the autocratic rule of an unbalanced, dangerous narcissist and his cult of enablers.
Let’s get to work.
