It’s been another chaotic month for all three branches of American government, with further attempts by the Trump administration to impose outrageous acts on us as distractions from other behind-the-scenes grift or wrongdoing over matters like the Epstein files. The most egregious is the $1.8 billion dollar slush fund connected to a settlement of Trump’s income tax audits, while refusing to exclude convicted January 6 criminals from seeking recompense for the trauma of imprisonment.
The most hopeless of recent actions is the failure to negotiate a peace agreement with Iran, while continuing to string along the public and financial markets with 39+ declarations of “an end is in sight” that are immediately denied by Iran, as documented by Anderson Cooper on CNN and virtually all reliable news sources. Meanwhile, a hold has been placed on Congressionally-authorized weapons for Ukraine, because our stockpiles are diminishing weekly—and because Trump has lost interest in Zelensky an equitable settlement between Ukraine and Russia.
Tacked onto this list on the domestic side is Trump’s interest in ignoring formal processes in place for decision-making about our country’s institutions, starting with the renaming of John F. Kennedy Center for the Performing Arts and repopulation of its board of directors with Trump devotees; or the millions of dollars spent on the Mall’s Reflecting Pool, with contracts awarded without a bidding process; or the destruction of the East Wing of the White House to replace it with a ballroom bunker with security features underground; or the proposed triumphal arch to be build at one end of the Arlington Bridge because of Trump’s admiration of France’s Arc de Triomphe; or the ghastly use of gold leaf on the Oval Office and even at the rear of the Lincoln Memorial, with a $5 million contract to regild the four giant bronze "Arts of War" statues that flank the roads leading to the Lincoln Memorial. The district courts have dealt with such matters when they appear on the docket, often after the work has begun.
I’m not just complaining. I offer these examples as evidence that Trump and his administration operate in both domestic and global spheres as if they are above the rule of law. From the World Justice Project (WJP) comes this definition: “The rule of law is a durable system of laws, institutions, norms, and community commitment that delivers four universal principles: accountability, just law, open government, and accessible and impartial justice.”
The principle that most of us are familiar with is “accountability.” We say, “No one is above the law,” neither individuals nor governments, but when we look at the relatively recent Supreme Court decision on presidential immunity, we wonder. Connected to that principle is “just law,” which means it is applied evenly to guarantee human, property, contract, and procedural rights. “Open government” refers to the processes by which laws are adopted and enforced. Finally, “accessible and impartial justice” means justice is delivered in a timely manner by ethical, independent representatives.
As we approach the midterm elections, we can see that the chaos and lack of open government stem from a deterioration in the checks and balances among the three branches of government. This is not only appalling but also baldly apparent that the Trump administration has largely abandoned any real idea of governing in favor of grift and outright corruption. The President consistently appropriates powers that are given to the legislative branch, and the Supreme Court spends most of its time expanding presidential authority that previously belonged to Congress.
In the next month we are about to have significant rulings from the court in the following areas: birthright citizenship (Trump’s Day 1 executive order); on Trump’s authority to terminate “temporary protected status” designations for over a dozen countries; on Humphrey’s Executor case where the court may overturn a 90+ years precedent on presidential power to fire heads of independent agencies like the Federal Reserve or the Federal Trade Commission; on transgender athletes; and on mail ballots; Most of these cases deal with the rule of law in one form or another. Each time the court confirms an action that Trump has taken, it is commenting indirectly on the rule of law, including attacks on universities, scientific research, and health care.
As we celebrate this Flag Day (and the Knicks win!), we are left with the image of a birthday party for an unstable 80-year-old president surrounded by cabinet members who are afraid of him and routinely serve as public sycophants. Inviting several thousand high rollers to the White House lawn for a “cage match” becomes a ironic metaphor for the glorification of violent behavior that somewhat resembles the cage Trump has put himself into when trying to find solutions to wars no one wanted. Though he may have an agreement that allows the opening of the Strait of Hormuz, the more intractable issues surrounding nuclear weapons and material appear to remain, as does Israel’s agreement.