Democracy DEFCON

Publisher's RoundUp, 3

Donald Trump famously declared that he would be a dictator on day one. History, alas, teaches us that dictators are rarely able to confine such ambitions to a single day. In these first two weeks he has mounted a sustained assault upon every dimension of American rule of law—to a degree never before seen at such a pace.

But if there was one common thread of this week at The Contrarian it was this. Do not lose hope. Public and legal pushback have met Mr. Trump’s attacks at every turn. I’m confident that as I write this, lawyers are working through the weekend to respond to his unprecedented DOJ and FBI firings, both threatened and actual. The Contrarian, the courts, and the country (not in that order of importance, of course!) face a daunting task indeed, in terms of endurance.

While the disappointments have been manifold, I’ve been heartened by the response this week. That includes multiple injunctions against Trump’s attempt to rewrite the Constitution and the laws of the United States. His spending freeze, for example, struck fear into many, sent shockwaves across the land, and has already been met with furious pushback and two temporary restraining orders (TROs), which we covered extensively this week.

For example, Jen Rubin engaged in conversation with Jared Bernstein, the former chair of the White House Council of Economic Advisers under President Biden, on how Trump has thrown a monkey wrench into our economy, and the vulnerable people hardest hit by this unconscionable “freeze,” should it go through.

Ilan Goldenberg, Special Advisor on the Middle East under Vice President Kamala Harris, elucidated how much could go wrong in a 90-day pause to foreign aid—from an endangered ceasefire to intentionally destroyed HIV/AIDS resources in Trump’s Foreign Aid Spending Freeze – a Combination of Chaos and Cruelty. And Jen Rubin and Meghan Houser looked at the looming crisis of missing grants for healthcare research, in lost science and lost lives: The Human Cost of Frozen Funds.

Trump’s systematic assaults on the rule of law have been by turns obvious and publicized, while others have been less noticed, lost to the deliberate chaos of his own making. It’s not just the spending freeze where multiple courts found violations. Denying birthright citizenship is a frontal denial of the Constitution that was enjoined too. And the president also flouted the Inspector General Act by firing 18 IGs without the requisite 30 days of notice, suspended Congress’ TikTok ban without even pretending that the legislative conditions had been met, and on and on. Those examples by no means scratch the surface of his brazen transgressions of the rule of law.

Some might see this pattern as the result of power grabs tracking Mr. Trump’s personal obsessions—like a toddler snatching whatever toys capture his attention or make the most noise. To me, it looks much more like a systematic effort to test the outer boundaries of presidential power.

Whatever the explanation, the good news is that this full frontal attack has evinced equally ferocious pushback from the defenders of the rule of law, including organizations like mine, which have filed multiple lawsuits to stop him.

But the pushbacks against Trump, his (not so) merry band of unqualified nominees, the MAGA agenda, and the realization of Project 2025 have not merely been seen in courtrooms and among policy wonks. There are heroic cultural figures all around us proving that rolling over is not an option.

This week, we were thrilled to be able to feature Nobel Prize-winning economist and newly ex–New York Times Opinion columnist Paul Krugman. His first piece for us, Departing the New York Times, is a provocative dissection of the current state of legacy journalism that reveals why staying true to his byline meant leaving his publisher of 25 years.

A free, independent press is essential to the fight against autocracy. I joined my former CNN anchor Jim Acosta for a Substack Live to welcome him to the world of independent media. As told him, “the water’s fine!” Jen Rubin was also able to issue a similar welcome in a wonderful piece dubbing him our Undaunted pro-democracy person of the week.

Maintaining a free, independent press relies on using appropriate language to describe our current state. Taking a gimlet eye to this imperiled state of public discourse, Jen introduced a new weekly feature on the Words and Phrases we could do without. First up: “meritocracy,” which Trump’s confirmation hearings have distorted beyond meaning (unless that meaning is “crony” or “billionaire”).

A free press extends beyond the written word, which is why The Contrarian is so proud to be home to our favorite podcast “Talking Feds,” hosted by founding contrarian Harry Litman. Listen to the latest episode, “Mayday at DOJ.”

This week’s avalanche of dictatorial decrees will test Congress’s mettle, too. But I’m encouraged to see Democrats roused into opposition by the spending freeze, in particular. We spoke to some of the brightest beacons in government about how to champion democracy, with Jen kicking off the week by interviewing Maryland Governor Wes Moore, who acknowledged that yes, we need healing, but that “This is not the healing that the country needed in this moment”.

Olivia Julianna interviewed California Senator Adam Schiff, one of our strongest defenders of democracy, who discussed the threats of Trump's second term more broadly.

Lavora Barnes laid out What We Need in the Next DNC Chair, telling us in no uncertain terms that the Democratic Party has one job: to win elections. Its next generation of leaders must be those who can do the work. Both of the front runners were outstanding. Minnesota party chair Ken Martin will now lead the way for democrats and Democrats alike.

Jen also interviewed Adam Kinzinger, who shared his impassioned response to Trump’s pardons and commutations, DOD Secretary Pete Hegseth’s radically unqualified status, the erosion of a spine that Adam has witnessed from Republicans in Congress, and how best to make it through the next four years.

It is members of Kinzinger’s former party—which Trump has commandeered with the help of his billionaire bros—who control both chambers. We touched on the problematic nature of his relationship with his broligarchs, both in Asha Rangappa’s Tell Me, How Many Bitcoins Are in the Room With You Right Now? and in Chess grandmaster and political activist Garry Kasparov’s cautionary piece, The New Oligarchs.

Tim Snyder cites “Believing in truth” as a tenet of fighting tyranny. We’re committing to giving you that truth, and brought along some of the finest minds to assist us in doing so. Sherrilyn Ifill, one of our most iconic and inspiring legal experts and writers, spoke with Jen at length about our current landscape. On the page, the ever-insightful Kim Lane Scheppele offered another searing piece on how to cut through the noise of “zone-flooding” in the first weeks of the Trump regime to better understand the qualities that sit at the core of Trump’s policy: Cruelty and Loyalty.

So the question is, with his dictatorial aspirations established, how will they reinforce the rule of law? Jen Rubin prepared us with A Guide for the Perplexed: Democrats in Distress, laying out the five basic rules for our messaging moving forward. But will the Senate reject Trump’s compromised nominees to guard that rule of law, especially Kash Patel?

Before we get to the man who has already perjured himself by insisting that he has no enemies list, despite one being published in the pages of his book…healthcare was front of mind for many of you, as RFK Jr. fumbled through his hearings for potential secretary of Health and Human Services.

Jen Rubin spoke with Dr. Rob Davidson about how public health is at severe risk, in light of the damage that could be wrought by RFK Jr. He and his advocacy group have set in motion strong efforts to prevent that from happening.

On the second day of the hearings, Jen had another enlightening conversation with Dr. Georges Benjamin on the state of American healthcare and how the incoming administration may affect our entire medical system.

Jen Rubin interviewed Dr. Julie Sweetland on disinformation in the scientific community in a timely conversation with the renowned sociolinguist, about the proliferation of disinformation and its impact. And on a surprisingly related note, Jen Rubin and Dr. Cynthia Miller-Idriss (video) had a vital conversation about domestic terrorism and extremism.

Friday arrived and we were ready to enjoy a day a little more in keeping with perusing Tom the Dancing Bug’s comic strip or tucking into Jamie Schler’s essay and recipe for the perfect comfort food. That moment did not last long. With Kash Patel and Tulsi Gabbard facing and flailing through confirmation hearings for top national security roles, Jen and I grabbed three of the top experts to help us unpack the stakes, should Trump’s controversial picks squeak through, as Hegseth did.

Andrew Weissmann, a professor of practice at NYU School of Law who served as a lead prosecutor in Robert S. Mueller’s Special Counsel’s Office and as General Counsel for the FBI, spoke with Jen about the controversial firings of FBI agents who worked on Jan. 6 investigations, and what Patel’s confirmation as FBI Director would mean for national intelligence. Though one potential risk to national security is more than enough, Jen Rubin’s next interview with Asha Rangappa highlighted the anticipated leadership sinkhole within the intelligence community—beginning with a critical examination of Tulsi Gabbard’s qualifications as DNI. Finally, former acting Attorney General Stuart Gerson, Jen Rubin, and I took a wide-lens view toward the state of America’s national intelligence institutions.

Those conversations – and indeed our entire week — offer a blueprint on what to expect next week. Major legal, public, and The Contrarian pushback against Trump’s DOJ and FBI firings. As Jen and I said to each other when we were discussing it in real-time (which is the only way we deal with anything here at your publication), this week felt like a moment when people started waking up to the forthcoming dangers of this administration. Hold on to that outrage and readiness to resist—we’ll need much more of that. You sent us brilliant insights about the situation we’re in, and how it has impacted you and the people you know. We’re going to work with all of you who are willing to track and respond to these moments as they occur. We’re listening. And we believe this community can be an essential part of our pro-democracy patriotic composition. We are now roughly 420,000 strong and counting; the size of a significant American city and larger than the population of some states. Should we get our own senators? I certainly think so.

Though we don’t have our own jurisdiction quite yet, there are already a few mascots in the running, including Atticus–our Contrarian pet of the week, whose honest eyes garnered some of the most views of the weeks.

Though the horizon appears incomprehensibly dark, I remain optimistic. I’m seeing (and participating in) nonstop litigation to help assure success at the court level. I’ve read the comments you’ve shared and sensed how deeply Americans are appreciating the urgency of this moment. If Trump does defy court orders, it will be up to the American people to say whether they want a democracy or not, and to act like it.

As February dawns, I remain grateful that you have remained steadfast readers and viewers. Your participation and enthusiasm give us hope. Tell us how we can offer you the same.

Warmly,

Norm