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Culture War Roundup for the week of June 17, 2024

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Remember that the post-2020 US election Time article "The Secret History of the Shadow Campaign That Saved the 2020 Election"? Somewhere between a victory lap and credit-claiming at a time it was generally thought Trump's political prospects were dead, it was a rare look behind the scenes of retroactively-admitted coordinated political obstruction and shaping efforts.

It was also the article with the memorable distinction of-

They were not rigging the election; they were fortifying it.

Well, the New York Times on Sunday published a more pre-emptive form of democratic fortification: The Resistance to a New Trump Administration Has Already Started.

The article in short is a look at different wings of the Democratic Party apparatus, and steps they are taking in anticipation of a Trump victory to foil the predicted efforts of the 2025 Project. Some of these fears seem a good deal less grounded than others- Trump has been an abortion moderate such that it's hard to see why a Democratic governor would need to stock years of abortion supplies in a state warehouse beyond political theater- but then the article is quite likely a form of political theater. As far as election-year advertising goes, it's both a 'here are all the horrible things that could happen' fear campaign-

If Trump returns to power, he is openly planning to impose radical changes — many with authoritarian overtones. Those plans include using the Justice Department to take revenge on his adversaries; sending federal troops into Democratic cities; carrying out mass deportations; building huge camps to hold immigrant detainees; making it easier to fire civil servants and replace them with loyalists; and expanding and centralizing executive power.

-with the ACLU specifically focusing on four areas of potential lawfare-

That exercise, he said in an interview, led the group to focus on four areas, for which it is drafting potential legal filings. Those areas are Trump’s plans for an unprecedented crackdown on immigrants in the country without legal permission; the potential to further curtail access to abortion; firing civil servants for political reasons; and the possibility that he would use troops to suppress protests.

-but all with a back-edge 'but we thwarted him before and can do it again' of tribal-protection promise.

Interviews with more than 30 officials and leaders of organizations about their plans revealed a combination of acute exhaustion and acute anxiety. Activist groups that spent the four years of Trump’s presidency organizing mass protests and pursuing legal challenges, ultimately helping channel that energy into persuading voters to oust him from power in 2020, are now realizing with great dread that they may have to resist him all over again.

Not necessarily optimistic, but a 'we will fight for you' solidarity / call for support framing.

While there is the occasional (potentially deliberate) amusing word choice in ways that anyone who has used the term the Cathedral might appreciate-

“What Trump and his acolytes are running on is an authoritarian playbook,” said Patrick Gaspard, the CEO of the CAP Action Fund, the political arm of the liberal Center for American Progress think tank. He added, “So now we have to democracy-proof our actual institutions and the values that we share.”

The core strategies include the following, none of which are particularly surprising but which are good to see identified clearly in advance:

-Passing executive actions in the Biden administration before certain timelines so that Trump can't immediately revert them

-Litigation waves to tie things in court, with recruitment of sympathetic plaintiffs with likely standing already occuring

-Implicitly by virtue of the acknowledged past strategies and current participants, more protests

-More explicitly legal preparations to prevent/limit federal intervention in protests

-A national-scale counter-ICE network to disrupt immigration raids

-Pre-emptively doing self-auditing of activist group finances in preparation of politically motivated IRS scrutiny

-Various state-based nullification theory application (such as 'inter-state commerce doesn't apply to FDA if I already have the goods in-state')

-Use of Never-Trump 'ex-Republicans' groups as part of the Democratic network, especially the Principles First organization.

(Principles First was a Never Trump wing of the Republican Party associated with Liz Cheney that started in 2022 during the anti-Trump former Republican establishment's efforts to reassert control / torpedo Trump's post-presidential prospects by cooperating with the Democrat-led impeachment trial. Since then, and her fall from the Republican Party, it's been casting itself as an alternative to CPAC. Interestingly it also works in concert with Ranked Choice voting lobbying. (In the US, ranked choice voting is often, but not always, associated with the Democratic Party, at least in the sense of pushing for it in Red / Purple, but not Blue, states.)

Those plans include using the Justice Department to take revenge on his adversaries;

LOL. Sure, I might have found this troublesome in 2016. By 2020, it was clear Trump wasn't going to Lock Her Up. Now, with both the Justice Department AND state prosecutors being used as weapons against Trump, I'm actively hoping he does so. The only way back from this involves having it thrown back at its instigators. And if we don't step back, "one term in office and one term in jail" is more tolerable if it applies to both Republicans and Democrats rather than just Republicans.

sending federal troops into Democratic cities;

Maybe have the locals control the riots?

carrying out mass deportations; building huge camps to hold immigrant detainees;

What's that? Did you say "taking care that the laws be faithfully executed"?

making it easier to fire civil servants and replace them with loyalists;

IMO the "professional civil service" experiment has failed. It replaced civil servants who were cronies of those in power with civil servants who were aligned with the interests of one party at all times.

and expanding and centralizing executive power.

Somewhat troublesome, but pretty much all executives try to do this, so it's not special to Trump.

LOL. Sure, I might have found this troublesome in 2016. By 2020, it was clear Trump wasn't going to Lock Her Up. Now, with both the Justice Department AND state prosecutors being used as weapons against Trump, I'm actively hoping he does so. The only way back from this involves having it thrown back at its instigators. And if we don't step back, "one term in office and one term in jail" is more tolerable if it applies to both Republicans and Democrats rather than just Republicans.

My reasoning is somewhat different, but I'm with you here. It's a very good thing for politicians to face motivated legal scrutiny and while I have many misgivings about a second Trump term, vigorous politically motivated prosecutions are a clear positive. It is healthy for a society when their elected officials need to take care not to break the law.

No one can withstand this level of scrutiny. There are thousands of entities in the United States capable of bringing prosecution against an individual. No one, not even you, can act so righteously to avoid prosecution from all of them – should they be politically motivated to do so.

This lawfare amounts to a hecklers veto. If even one jurisdiction can gin up a prosecution, it can disrupt the legitimate wishes of voters. It is undemocratic and a dangerous precedent.

I think it is eminently fair that those who have the power to make the law be expected to obey the law. This is even more true when the law is difficult to follow.

Trump imprisoned people for years for mishandling classified documents. Why should he be held to any lower a standard?

  • -14

I don’t disagree but it is also clear that an elected official probably can’t get a fair trial in heavily partisan areas and it opens up lawfare.

That’s why I support the Trump immunity argument. If the sin is grave enough and obvious enough to everyone, let the person be impeached and then removed. After that, go after him or her for criminal sanctions.

Because this principle is not being uniformly applied, but instead being used selectively to manipulate the electoral process.

Trump was never a New York elected official and thus didn't make New York law. Nor Georgia.