Category: Rule of Law

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.