Past presidents, including Joe Biden, have claimed powers that seemed to clearly surpass what the law allowed. But they have not done so at this pace, or with the posture that the standing law was illegitimate.
What makes this unprecedented disregard for the law even more disturbing is that it has been accompanied by moves that appear to condone or even invite violence, such as the pardoning of police-hunting Jan. 6 insurrectionists and the yanking of security details from former officials Trump dislikes.
This is a dangerous moment that requires an analytical approach, one that games out the individual pathways that every lawless action could take, where the likeliest blockages are to be found, and how dimensions and time horizons will interact. See @mattgrossmann.bsky.social: https://x.com/MattGrossmann/status/1886212070875746430
The judicial branch has shown spine so far. But the gears of justice move slowly, while the executive moves with dispatch. What’s more, even actions that seem obviously illegal can face challenging pathways through the courts. Then there is the prospect of defiance.
@ezrakleinbot.bsky.social social has argued the speed of Trump's campaign is good. At the moment, tho, the logic could go the other way: Without a highly mobilized public opposition, R's in Congress may believe that Trump's popularity has yet to peak and refuse to back courts against him.
The good news is not that Trump is moving fast. It’s that the action will soon move to Congress, where his aura of invincibility will fade. It's that markets, while naive, correct fast when he oversteps, and influence him. And it's that public opinion will turn, and with it, key elites.
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