Law professor: Trump indictments may be last chance to save 'American democracy' from authoritarian takeover

20 July 2023

On July 17, the New York Times published a disturbing article by Jonathan Swan, Charlie Savage and Maggie Haberman that details former President Donald Trump and his allies' plans to give the U.S. federal government a major makeover if he wins the 2024 election. The journalists reported that the Trump campaign envisions a "sweeping expansion of presidential power over the machinery of government" that would greatly undermine the United States' system of checks and balances in 2025.

The Times' report came at a time when Trump is facing two criminal indictments: a 37-count prosecution by special counsel Jack Smith and the U.S. Department of Justice (DOJ) and a 34-count New York State prosecution by Manhattan District Attorney Alvin Bragg, Jr. And more indictments may be coming soon: Trump's efforts to overturn the 2020 election results are the focus of criminal investigations by Smith for DOJ and Fulton County DA Fani Willis for the State of Georgia.

On his Truth Social platform, Trump announced that he had received a "target letter" from the DOJ in connection with Smith's 2020 election/January 6, 2021 probe — indicting that another indictment is likely.

University of Baltimore law professor and former federal prosecutor Kimberly Wehle examines these developments in an article published by the conservative website The Bulwark on July 20. And she has a warning: These indictments may be the last chance to hold Trump accountable for his actions and save the United States from full-fledged authoritarianism.

"Whatever the downsides of four more years of Joe Biden, it is clear that American democracy cannot survive another Trump presidency," Wehle warns. "To understand why, one need only glance at another vital piece of recent reporting by the New York Times that Trump and his allies intend to fundamentally reshape the office of the presidency if they regain the White House in 2024. Russell T. Vought, head of the Office of Management and Budget under Trump, summed it up succinctly: 'What we’re trying to do is identify the pockets of independence and seize them.' If this sounds scary, it should."

Wehle continues, "This plan is not entirely new. Thirteen days before the 2020 presidential election, Trump issued an executive order to remake large swaths of the federal workforce. Secretly developed over the preceding six months, it aimed to reassign tens of thousands of civil servants with influence over federal policy as 'Schedule F' employees, stripping them of employment protections in order to render them vulnerable to at-will termination by the president…. Under current law, presidents appoint around 4000 people to government roles during their administration, and those employees can legally operate as de facto loyalists. Schedule F would increase that number to as many as 50,000."

The law professor notes that although Schedule F was "rescinded" after Joe Biden was sworn in as president in January 2021, Trump "could bring it back if reelected in 2024."

Responding to the Times' article, MSNBC's Joy Reid slammed Trump's plot as a model for full-fledged authoritarianism. And The New Republic's Tori Otten described it as a "fascist plan to consolidate power."

Trump's legal problems aren't hurting him in the 2024 GOP presidential primary. Polls released during the second half of July have found him leading Florida Gov. Ron DeSantis by 35 percent (Morning Consult) or 29 percent (Quinnipiac). If this holds up, 2024 is likely to see a Biden/Trump rematch.

Wisconsin-based journalist Bill Lueders, in an article published by The Bulwark on July 20, stresses that GOP reactions to Trump's legal problems have been totally "unhinged" — with everyone from House Speaker Kevin McCarthy (R-California) to Rep. Marjorie Taylor Greene (R-Georgia) and Rep. Lauren Boebert (R-Colorado) angrily railing against Smith and the DOJ.

Rep. Matt Gaetz (R-Florida) tweeted, "BREAKING: I will be introducing legislation to DEFUND Jack Smith's witch hunt against President Trump." And Rep. Ronny Jackson (R-Texas) tweeted, "STAND WITH TRUMP!! STAND WITH TRUMP!! Democrats KNOW they can't beat Trump in 2024, so they've weaponized the FBI YET AGAIN to try to take him down. These people will deeply regret this when Trump is BACK in the White House!!"

Lueders observes, "There is nothing unusual about these reactions. The MAGA crowd flocks to them reflexively. The filing of criminal charges against Trump — for falsifying business records, mishandling classified documents, attempting a coup and, to come, pressuring officials in Georgia to fabricate election results — corroborates their warped perception of Trump as a victim. It draws them to him even more."

Read Kimberly Wehle's full article for The Bulwark at this link and find Bill Lueders' Bulwark article here.

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