Illegal Orders
Trump is His Own Worst Enemy. And Thank God for That.

This morning, New York Times columnist Jamelle Bouie has four important points to make. I’ll summarize them and then let Mr. Bouie speak for himself.
1. In an alternative universe, in his second term, a politically skilled and disciplined Trump could probably have engineered a dictatorship in the United States.
2. But in this universe, Trump is “so solipsistic, so plainly consumed with narcissism, so deeply indifferent to the details of governance and so eager to satisfy his basest impulses that there was little chance he’d ever complete the authoritarian consolidation of his dreams.”
3. The second Trump term, we have “a presidency in terminal decline, if not outright collapse.”
4. If you don’t understand that “presidential commands are never self-executing,” then you don’t understand what the hell is going on.
Jamelle Bouie (N.Y. Times), Trump Is the Anti-Trump:
There is an alternate universe in which Donald Trump is the popular, successful president of his imagination.
In this world, Trump has a clear view of the political landscape. He knows he won a narrow victory, not a landslide. He knows that his key voters — the ones who put him over the top, as opposed to his core voters — elected him to lower the cost of living and turn the page back to where it was before the pandemic. And while he has the advantage of an unpopular predecessor — an easy repository for blame should things go wrong — he also starts the clock with a small and finite amount of political capital. The modern American public is wary, fickle and quick to anger. The right move is to invest that capital carefully, not gamble with the people’s trust.
This hypothetical President Trump would take the path of least political resistance. He would work with the Republican majority in Congress to send a new round of stimulus checks, rehashing the most important political success of his first term and fulfilling his promise to lower costs for most Americans. He would work with Congress to pass modest tariffs on critical goods and he would take a less draconian path on deportations, focusing, as he promised, on people in jails and prisons — “the worst of the worst.” And he would put hard political limits on his most fanatical aides and deputies, like Russell Vought and Stephen Miller. This Trump wouldn’t give Elon Musk his run of the executive branch and he would sideline his own desire for retribution against his political opponents, or at least channel his rage into something more productive. He would also decline to hand management of the federal government to an ignominious cadre of hacks, apparatchiks and television personalities.
In short, this Trump would rerun the approach of his first term. He would still be corrupt. He would still stretch the limits of common decency. He would still be bombastic, transgressive and contemptuous of political norms. But he would be restrained, somewhat, by the practical realities of governance. And this restraint would give our hypothetical Trump the leeway to pursue his more authoritarian goals; to curtail civil society and consolidate power over the entire federal government, courts and Congress included.
From the perspective of liberal society and constitutional government, this alternative world, in which a more cautious and methodical Trump successfully builds public and political support for the transformation of the United States into a full-throated authoritarian regime, would have been the worst-case scenario for a second Trump term.
We are lucky, then, that this alternate reality is unimaginable. There is no apparent evidence that Trump is capable of even the slightest bit of deferred gratification. If life is a series of marshmallow tests, then he has failed one after the other, kept afloat only by his immense wealth and privilege. The actual Trump is so solipsistic, so plainly consumed with narcissism, so deeply indifferent to the details of governance and so eager to satisfy his basest impulses that there was little chance he’d ever complete the authoritarian consolidation of his dreams.
All of this is simply to contrast what might have been with what plainly is: a presidency in terminal decline, if not outright collapse. Consider the big picture. Trump is nearly as unpopular now as he has ever been. His average approval ranges from a net negative of about 13 points to a net negative rating of nearly 20 points. He is underwater on every issue of consequence. The Supreme Court nullified his signature economic program and his immigration enforcement actions are so toxic with voters that they’ve forced him to fire his head of Homeland Security, Kristi Noem. He has wrecked the coalition that brought him into office with major reversals among Latinos, young men and Black Americans, and he is treading water with his core supporters, white voters without college degrees.
Trump insists, of course, that he is as popular as ever, but even Republican lawmakers see the writing on the wall. There has been a historic number of retirements from Congress, led mostly by Republicans.
Last, but far from least, is the president’s foolhardy, reckless and immoral war in Iran, which was launched with neither public buy-in nor Congressional authorization. It didn’t take long after the bombing began before it destroyed an elementary school, killing more than 175 people, most of them children. Just two weeks in, the conflict has already grown beyond its initially limited scope, involving other belligerents and threatening the global economy. It is no surprise, then, that this is also the most unpopular war in modern American history, with few supporters beyond the president’s fellow partisans.
It is tempting to think that the president’s political collapse doesn’t really matter — that, as the Teflon Don, he suffers no particular consequences for his bad behavior. And it is true that the shamelessness, celebrity and cult of personality that defines Trump (and Trumpism) also works to buoy him in the face of political catastrophe. He might sink below water, but he’ll never go under. To end the story there, however, is to miss the larger relationship between presidential standing and presidential power.“Presidential commands are never self-executing,” the political scientist Jeffrey Tulis observes in his book “The Rhetorical Presidency,” paraphrasing another political scientist, Richard Neustadt. “Their efficacy depends upon artful wielding of informal power through bargaining — by showing other politicians that they will be helped, or at least not hurt, by doing what the president wants.”
The second Trump administration is defined by its total embrace of the “imperial presidency” and the “unitary executive.” But a key weakness of both concepts is that they treat presidential power as rigid, well-defined and highly formal — the “core duties” of Chief Justice John Roberts’s opinion in Trump v. United States.
The reality is more complicated. It may seem as if presidents have the power to command, to issue orders and see immediate results. But as Tulis reminds us, successful presidents do not order as much as they coax, cajole and persuade, for the straightforward reason that the formal authority of the presidency is limited compared with other actors in government. A skeptical lawmaker or recalcitrant bureaucrat can derail a presidential agenda and leave the chief executive at the mercy of an angry public. It’s for this reason that the most able men to hold the office of chief executive have rarely seen fit to act as tyrants, raining demands down onto the rest of the executive branch. They act instead as conveners, working to align different interests in pursuit of a single goal.
Presidential standing, in this paradigm, is the currency that makes presidential power work. A popular and well-liked president has more resources to deploy in pursuit of his agenda. He has the informal power he needs to bolster his more circumscribed formal authority. A distrusted, divisive and unpopular president, on the other hand, quickly finds that he is unable to work his will on political actors who are more worried about their own fates than the president’s interests and appetites.
And that is what we’ve seen with this president, a year after he gambled his political capital away in a disastrous attempt to reshape the nature of the American political system. His fast-eroding position has curtailed Trump’s ability to pressure lawmakers into backing his agenda: See the president’s empty demands for Congress to pass the SAVE America Act or the ongoing shutdown of the Department of Homeland Security. This rapid decline has also lowered the cost of institutional resistance to the administration’s attempts to curtail civil society and done the same for judicial opposition to the president’s most aggressive power grabs. I do not think it is an accident that the two most consequential rulings against Trump issued by this Supreme Court were decided as the president’s standing entered a tailspin.
You will notice that after months of teasing the possibility, Trump has mostly stopped talking about serving an unconstitutional third term. Perhaps he still intends to. Or perhaps he has enough self-awareness to know that he is not the triumphant leader of his imagination. That he is, instead, a lame duck whose White House is in disarray and whose actions have plunged the world into chaos. He thought he might remake the country in his own image. Instead, he’s likely to leave it like one of his casinos: broke, broken and in desperate need of new management.
If impeachment weren’t a dead letter, then we could remove him and end his misrule. As it is, we have nearly three more years to live through. It’s an open question whether we survive it intact.
The Tariff Decision, Looking Forward: How Smart Was it for Trump to Hurl Vile, Hyperbolic Insults at Justices Gorsuch and Barrett and at Chief Justice Roberts?


As we have seen, the Learning Resources decision was 6 to 3, but there were three distinct factions:
- the liberals, who thought that ordinary tools of statutory interpretation condemned Trumps IEEPA tariffs, and that the “major questions doctrine,” which they did not recognize, was not germane to the decision,
- three of the rightwing justices, who cherished the “major questions doctrine” and thought it was of considerable relevance in ruling against Trump on the tariffs, and
- the three other rightwing justices, who also cherished the “major questions doctrine” as a general matter, but who squirmed to deny its relevance to the case at bar.
In other words, at least for this case, probably for other tariff cases, and possibly for future cases on other topics, the six rightwingers have split down the middle into two opposed factions.
Justices Gorsuch and Barret, along with Chief Justice Roberts, are the swing votes. Who wins a future tariff case will turn on whether Barrett, Gorsuch, and Roberts side with the liberals or whether they side with the other three rightwingers.
And, make no mistake, there will be future tariff cases. There will be future tariff cases up the wazoo.
Trump’s post-decision hissy fit will do nothing to persuade its targets—who are, of course, the very three people he must persuade if he is to have an icecube’s chance in Hell of prevailing in future tariff litigation.
The hissy fit is also intended to threaten and intimidate, but I am persuaded that intimidation will not work either. Why? Because if Barrett, Gorsuch, and Roberts were going to be intimidated, I think we would already seen the effects of that intimidation.
Call the ambulance.
He has shot himself in the foot again.
The Tariff Decision, Looking Forward: Does Team Trump Have a Workaround to the Supreme Court’s Ruling?

Bottom line, at the end of five minutes of trenchant analysis: “Tariffs as an instrument of arbitrary power have been dismantled.”
Feel free to visit Krugman’ substack—it’s behind a paywall—if you so choose.
Meanwhile, in a world of great uncertainty, a couple of things are certain: Trump will continue to try to abuse whatever tariff power he may have, there will be lots and lots of litigation, and some of those cases will reach the Supreme Court in the coming months.
Among progressives, opinions differ—as do kneejerk reactions—about the likelihood of any degree of success by Team Trump. International trade law is not my field, and I have no crystal ball. But I do like this analysis by someone whose handle is EricAZ (not otherwise known by me from Adam’s housecat), who posted this yesterday on Daily Kos:
Trump’s Decision to Beat a Dead Horse on Tariffs Will Hasten His Fall
A smart person would take his lumps and move on. Trump is not a smart person. Let’s assume that the “best people” that Trump brought to his Cabinet and the White House picked the statute most favorable to his tariff plans. One of the most conservative Supreme Courts since the Civil War beat him with a stick.
Now, Trump is preparing to work his way through other statutes looking for support for his tariff plans. (Keep in mind that the U.S. Constitution says tariffs are under the control of Congress. And the Supreme Court just upheld that fact.)
Having been told, “Don’t let the screen door hit you,” Trump wants to try his luck again. Never mind that the public does not like tariffs, does not like paying higher taxes, does not like a loser and has dropped its esteem for Trump to a level somewhere between Nixon and a road-Kill skunk.
But here the valiant Donald prepares to make his stand.
Here is the list of statutes the president can use to regulate trade:
Section 232 of the Trade Expansion Act of 1962: Allows the president to impose tariffs if imports threaten national security. Pam Bondi can argue that avacados and plastic toys threaten national security. Even with Pete Hegseth guarding the coast, we probably can withstand avacado imports.
Section 201 of the Trade Act of 1974: Enables the president to impose tariffs if an import surge threatens a U.S. domestic industry. Pretty narrow in focus. Imaginary ballrooms are not an important domestic industry.
Section 122 of the Trade Act of 1974: Allows the president to impose tariffs to address international payments problems, with no cap on the level of duties or duration. Despite Trump’s best efforts, we still don’t have an international payments problem.
Section 301 of the Trade Act of 1974: Allows the president to investigate unfair trade practices and impose tariffs, with no limits on the size of the tariffs. Having tried to impose tariffs on the entire world, including uninhabited islands, it will be hard to make a case that the entire world is engaged in unfair trade practices. Especially when Trump claims to have made trade agreements with most of the world.
International Emergency Economic Powers Act (IEEPA): Provides the president with broad authority to impose tariffs in response to economic emergencies. Been there, done that. The court said no.
Many people expect Trump to use one or more of these statutes to repeat the long process he has gone through with his failed IEEPA effort.
One thing the justices really hate, is doing work. Especially repeating work that they or some other judge has already done.
Most likely, any new version of Trump tariffs would be thrown out at the District Court level very quickly. The court would likely leave an injunction against the new tariffs in place until the case works its way to the Supreme Court. At this level, there are no do-overs. The High Court would decline to hear the case and the injunction would stand.
All this happens against a background of Trump’s declining numbers and people’s distaste for high prices and unnecessary tariff taxes at the grocery store. Political parties sometimes survive immense blunders and sometimes they don’t.
“He May be an Asshole, but He’s OUR Asshole”: Talking with MAGA
I watched this lengthy, but very insightful, dialogue between two focus group experts. The time was well spent. Consider taking the trouble to watch yourself, if you want to understand the current state of opinion among the masses of our fellow Americans.
Honesty is the Best Policy, and Other Thoughts About Communicating with MAGA
First of all, if you want to employ advocacy in the real world—not just in environments where you feel comfortable, but also in situations where advocacy might actually achieve something—then you need to identify your target and to be clear about what you want he, she, or them to do.
Now, it would be nice if everyone on Team Red would recognize the error of their ways, and come join Team Blue. But that is not going to happen. A more realistic objective would be to help them realize that things are going badly for Team Red—and there’s no real point in their voting in the next election or two. If lots of Team Red stay home, then we win—which, by the way, is exactly what has been happening in recent special elections.
Second, while honesty is essential, candor is likely to be counterproductive. To illustrate: the next time you’re dining with a MAGA acquaintance, you probably don’t want to say something candid such as, “I know that I am your moral and intellectual superior, but I’ll deign to talk with you if you will listen politely.”
A better course would be to argue along the lines, “Well, if you believe X, let’s talk about the implications of that belief.”
Third, if your objective is to get your MAGA acquaintance just to stay home on election day, then a good way of accomplishing that objective may to join he, she, or them in reasoning rationally and honestly from the false premises that he, she, or they entertain. To wit: your MAGA dinner companion may have voted for Trump three times because he or she believes that, while Trump is an asshole, he is an asshole who is working for the MAGA community and against the people whom the MAGA community hates.
Your objective is not to convince your MAGA acquaintance that he or she ought not to hate people—or that she or he ought not to hate the particular kinds of people that he or she hates.
No, your objective is to convince him or her that Trump is an asshole all right, but he is the kind of asshole who actually despises the people who voted for him three times—and that Orange Mussolini has absolutely no intention of prioritizing the core economic interests of his core supporters, namely, white people without a college education.
In other words, MAGA folks, yes, he’s an asshole, but he is most emphatically NOT YOUR asshole.
“The Epstein Class”
The biggest and most important thing I learned as a professional advocate for several decades is that it is so much easier—so much easier—to sell an argument if that argument is based on actual facts, as distinguished from delusional bullshit.
Notice how Jon Ossoff uses actual facts to construct his argument, and then to tie it all together with a pink ribbon using the concept of “the Epstein class.”
The Epstein Class: A Story for Valentine’s Day
A deeply considered dive into the nature of our elites.
The State of the White Evangelical Church

This post follows up on the two immediately preceding posts, titled Authoritarianism, Patriarchy, and Misogyny in the White Evangelical Church and Onward, Christianist Soldiers: Peter Wehner on Vice as Virtue.
I have five observations.
Context: The Declining White Evangelical Church
The material in these two posts should be read and considered in context: the White evangelical church is leaking like a sieve. The crew that reveled in Trump’s vileness the other day at the National Prayer Breakfast represent a declining population. There are still a lot of them, but not as many as there were a decade ago, when Trump deescalated down the golden escalator.
Southern Baptist Convention membership peaked in 2006, at 16.3 million members. By the time Russell Moore was booted out, in mid-2021, membership had declined to 13.7 million. Subsequent to Moore’s defenestration, the SBC has lost another million members.
These data are consistent with data on overall participation in White evangelical Protestant Churches. In 2006, they were 23 percent of the U.S. adult population; now, it’s 13 percent, or about one quarter of the White population in the United States.
Why are So Many Evangelicals Abandoning Ship?
A variety of reasons, but clearly some of it is because folks who actually reads the words printed in red in the New Testament and who want to follow Jesus are disgusted by what they have seen in their church.
Who is the Progressive’s Biggest Ally in Combating National Prayer Breakfast-Style Christianism?
Jesus of Nazareth.
How Will White Evangelicals Reconcile the Tension Between Their Culture War Victories Under Trump and Their Economic Losses Due to Tariffs, Inflation, Loss of Job Opportunities, Etc.?
I don’t know, of course, but it’s going to be a non-trivial threat to Trump’s remaining 70%+ approval among the White evangelical crowd.
With Trump’s Deteriorating Mental and Physical Health, Will Significant Numbers of White Evangelicals Decide They Still Want an Authoritarian Messiah, Just Not Trump as Their Authoritarian Messiah?
Anything is possible.
What’s the Haps: Essential Insights About Today’s Politics for Analytical Thinkers
In my opinion, this video has more insightful observations than Carter has Little Liver Pills.
Watch it if you’re interested in understanding what is actually going on.
David French Channels Dante
And another useful source: yesterday, David French gave us a highly informative tour of the hellscape that is the MAGA mind. Along with that, he also offered thought-provoking historical precedents for our current state of affairs. David French (N.Y. Times): What MAGA Sees in the Minnesota Mirror.
And now some thoughts from me, your humble ink-stained scrivener.
The Supreme Court’s Role in 2026 as the Joker in the Deck and Potential Savior of Donald Trump—from the Perils Posed by Donald Trump
In the video above, Rick Wilson expounds on the consequences of Trump’s erratic and disastrous action regarding his key political issues, immigration and tariffs. But he doesn’t address how the Supreme Court, if it so chooses, could intervene in ways that would help to save Trump’s bacon by helping to save him from himself.
Back on January 15 I wrote Waiting for the Supreme Court Decision on the Tariffs. We’re still waiting, and I stand by what I wrote in that post.
Likewise, the Court, if it so chooses, can rein in Trump’s due process violations in connection with its mass deportation project.
Apart from the fact that requiring due process will help to save the constitutional republic, it would also, once again, help to save Trump politically from himself. Essentially, for the reasons that Rick Wilson laid out in the video.
And, on a related topic, this morning George Will gets an honorable mention for his WaPo op-ed, With this decision, the Supreme Court can and should rein Trump in: A pending landmark ruling will address the president’s power to fire within the executive branch. George has spoken with some constitutional law scholars, mulled over their views, and now, speaking with his accustomed magisterial tone of voice, pronounces ex cathedra that the Supreme Court ought to rein in Trump by rejecting the “unitary executive” theory of constitutional interpretation.
Delusions—and Delusions About Delusions
Trump’s mental problems are myriad: sociopathy, constant lying coupled with a total inability to keep his lies straight, an inability to plan, and, among others, a grievously limited political skill set.
In this witch’s brew of mental illnesses, we tend to discount the signal importance of delusional thinking. For example, Trump really thinks that he can bend the courts to his will in the same way that he has bent the Justice Department and the FBI to his will.
He should have learned his lesson in 2020, when the courts universally rejected his stolen election delusion.
But he did not learn his less, because he is delusional.
Now, once again, he is ordering his prosecutors to comply with his delusions by initiating a slew of utterly bogus criminal cases.
The consequences of the inevitable failure of that delusion will be yet another joker in the deck as we continue our hellish journey through 2026.
Donald Trump Can Be Stopped: Words of Great Wisdom from Jonathan Chait

Jonathan Chait (The Atlantic), Donald Trump Can Be Stopped: The president’s retreat in Minneapolis is a stinging defeat for the national conservatives:
Of the many lessons to be drawn from the administration’s retreat in Minneapolis, the most important is that Donald Trump can be stopped.
He spent his first year acting as though the 2024 election were the last time he would ever have to give a thought to public opinion. Now the myth that Trump is invincible has been exploded.
After federal agents killed Alex Pretti, Trump-administration figures including Secretary of Homeland Security Kristi Noem and Deputy Chief of Staff Stephen Miller described the victim as a terrorist, indicating their desire to ignore or intimidate all opposition. But other Republican sources signaled their discomfort, and some called for an investigation—a routine step for a normal presidency, but a daring breach of partisan discipline in an administration that shields itself from accountability and tries to put itself above the law.
During yesterday’s White House briefing, when a reporter asked if Trump shared Miller’s belief that Pretti was a domestic terrorist, Press Secretary Karoline Leavitt replied that she hadn’t heard him use that term. Trump also sent out conciliatory messages on social media indicating that he’d had productive talks with Minnesota Governor Tim Walz and Minneapolis Mayor Jacob Frey. And he dispatched Tom Homan, the border czar and a more traditional immigration hawk, to replace Gregory Bovino, the commander at large in Minnesota. Bovino has justified his agents’ misconduct with transparent lies.
Trump’s retreat in Minneapolis is a stinging defeat for the national conservatives, the Republican Party’s most nakedly authoritarian faction. The NatCons believe American liberalism cannot be dealt with through normal political methods such as persuasion and compromise. Speakers at the National Conservatism Conference have described the American left as “the enemy within” (Senator Rick Scott of Florida) and “wokeism” as “a cancer that must be eradicated” (Rachel Bovard of the Conservative Partnership Institute). NatCons also maintain that immigration poses a mortal threat to the United States. These two strands of thought are intertwined; NatCons consider immigration a weapon employed consciously by the left to assume permanent power, via manipulating elections and creating government dependency, a conspiracy that can only be reversed through the kind of ferocious operation on display in Minneapolis.
The NatCons, whose ranks include powerful administration figures such as Vice President Vance and Miller as well as members of Congress (such as Senator Eric Schmitt of Missouri) and activists (such as Heritage Foundation President Kevin Roberts), have wielded profound influence. They have rarely, if ever, lost important struggles to steer Trump’s strategy.
For the NatCons, the mass-deportation scheme overseen by Miller is an existential priority. Vance once claimed that immigration levels “would mean we never win, meaning Republicans would never win a national election in this country ever again.” Ten days ago, Miller explained on Fox News that Democrats were resisting ICE in Minneapolis because “this mass-migration scheme is the heart of the Democratic Party’s political power.” Miller sees his crusade not merely as a matter of relieving the burden on public services or raising wages, but as a final chance to stop permanent left-wing tyranny. Thus Miller’s immediate, fervent insistence that Pretti and the other Minnesotan recently killed by federal agents, Renee Good, both deserved their fates, a line the NatCons repeated vociferously through Monday.
The NatCons have attained their sway by positioning themselves as the vanguard of Trumpism in its purist form. Other conservative factions, such as social conservatives, libertarians, and foreign-policy hawks, supported Trump reluctantly in 2016, and backed away after the January 6 attack on the Capitol, hoping Florida Governor Ron DeSantis or some other rival could displace him. The NatCons never flinched in the face of Trump’s failed autogolpe, or any other actions that made other Republicans nervous. They won the loyalty contest—which, in the second Trump administration, is the only currency of influence.
Calls for Trump to stand firmly behind Miller had a desperate yet vague tone. “Leftist protestors who shut down streets, destroy property, refuse lawful orders, and physically assault federal officers cannot be rewarded with veto power over public policy,” beseeched the Manhattan Institute activist Chris Rufo, employing the passive voice. In response to a liberal observing yesterday afternoon on X that Trump was backing down, Will Chamberlain, a national conservative affiliated with numerous right-wing organizations, replied, “This isn’t happening, and it’s very important that it does not happen.”
Nevertheless, it was happening.
The reason it happened is that, although Trump listens to the NatCons, he has no deep grounding in their theories or, for that matter, any theories. The president’s despotism is not ideological but instinctive. He cannot tolerate criticism and he deems any process that embarrasses him, including a critical news story or an election, illegitimate, even criminal.
And while he has embraced a restrictionist immigration agenda, he has vacillated between endorsing mass deportation and allowing exceptions for categories of laborers he considers necessary. As Trump told The Wall Street Journal editorial page before the 2024 election, “I mean, there’s some human questions that get in the way of being perfect, and we have to have the heart, too.” If that has ever occurred to Miller, he has hidden it well.
Whether or not Trump’s intermittent expressions of human feeling for the immigrants his administration has abused is heartfelt, his desire to maintain his political standing most certainly is. Trump appreciates the power of imagery. It does not take a political genius to understand that, if Americans were repulsed by the sight of a Vietnamese man being executed in 1968, an American being shot in the back, facedown on a midwestern street, would not go over much better.
Trump’s capitulation would never have occurred if not for the heroic, disciplined resistance in Minneapolis. Faced with something like an occupying army that was systematicallyflouting the law, the people of Minneapolis thrust its abuse into the public eye, raising the political cost of Miller’s war until enough Republicans decided that they couldn’t bear to pay it.
Political theorists have long debated whether Trump and his movement should be described as fascist. On an intellectual level, the answer depends largely on which definition of fascism you choose (there are several). I have generally resisted the term because the definition I prefer, and the one most Americans probably think of when they hear the term, is not mere political oppression but a form of it so extreme that opposition becomes impossible.
That may be more or less Trump’s aspiration, and possibly our destiny. But this is not a fascist country, at least not yet.
