Trump's National Insecurity and What We Can Do About It
The Unconstitutional Iran Strike and Beyond–Publisher’s Roundup 23
Donald Trump’s entry into the Israel–Iran war is autocratic, unconstitutional–and difficult to do anything about in a court of law. But that does not mean that we have to hold back on all of his national security misconduct despite the general judicial deference in this area. On the contrary, we must seize opportunities to push back in court when openings arise on national security matters, just as we do when confronting his authoritarian acts in other areas. This week I’ll be in front of a judge doing just that.
Let's start with the Saturday night bombing of Iranian nuclear sites by the US, covered in real time here at The Contrarian. In my view, and that of many scholars, experts, and some dissenting members of Congress (including at least one lonely Republican), the president’s unilateral act intruded upon the constitutional prerogatives of that body. While the arguments and their application to military action like this bombing are complex, their root is in Article I, Section 8, Clause 11, which provides that the Congress alone shall have power “To declare War.” Moreover, they have put a finer point on the matter by passing the War Powers Resolution. It (with some exceptions not here applicable) requires presidents to consult with Congress before taking actions like this one that will have the most profound consequences now and for years to come.
The problem is that Trump and indeed presidents of both parties have interpreted these legal authorities extremely loosely, crafting a myriad of exceptions. That includes quibbling that acts like this one do not amount to a declaration of war (try telling that to the rest of the world), or that there was no time to consult with Congress (and yet there was ample time for days of internal White House deliberation). Worse still, the courts apply the highest degree of deference to those interpretations, however wrong. For the flavor of the executive branch's reasoning, one need look no further than a DOJ memo justifying similar strikes on Syria in 2018.
Does that mean we all have to roll over for the flawed process here? Absolutely not. It's too much to hope that Trump's supine MAGA majorities in Congress will do anything, and indeed the Speaker of the House and the Senate Majority Leader have already endorsed the bombing. But the members of the minority are being loud and they should keep it up. So should civil society, the press and all concerned Americans like the millions who marched in “No Kings” last Saturday.
Beyond that, we have to find other opportunities where we can litigate and win when Trump abuses national security related powers. That's why this week, I’ll be headed back to court with colleagues for a landmark case relating to illegal denial of security clearances–and you Contrarians will be right there with us.
The plaintiff in the case is Mark Zaid, one of the nation’s top national security lawyers. He was targeted in a presidential proclamation when Trump purported to revoke Zaid’s security clearance. The basis of the president’s grudge seems to include that Zaid represented the whistleblower who revealed Trump's 2019 shakedown of Ukrainian president Volodymyr Zelenskyy, triggering impeachment.
Trump’s focus on Zaid as if he were some kind of a partisan is terribly misconceived. He has represented those serving in administrations of both parties, and he has taken on Democratic and Republican presidents and other officials alike when it is the right thing to do for his clients.
No matter. Trump, out of personal pique, appears to be trying to destroy Zaid’s practice, reputation and livelihood. Zaid’s work is focused on the most sensitive areas, including representing courageous national security whistleblowers. He needs a security clearance to do his job.
Of course, this is also about much more than one lawyer. Trump clearly seeks to intimidate the legal profession more generally—and he is trying to make an example out of Zaid. Trump named others in the executive order (including me!). But the most devastating impact of all is on Zaid and his clients.
Perhaps Trump thought he could steamroll Zaid as he has some of the largest law firms in the country and world who cut deals. But Zaid cannot be cowed so easily. Instead of rolling over, he brought together a team of expert lawyers to sue the government to stop this unconstitutional attack. They include Abbe Lowell and his colleagues who left Big Law to have precisely this kind of fight, and Margaret Donovan of the Kossoff law firm in Connecticut that successfully litigated on behalf of the Sandy Hook parents against Alex Jones.
We will be in federal trial court in Washington, D.C. on Friday arguing that the United States, the Executive Office of the President, and other agencies, including the Defense Department and CIA, are violating the First Amendment by infringing upon Zaid and his clients’ free speech, free association, and the right to petition the government for redress of grievances. Removing a security clearance to penalize constitutionally protected activity is illegal and wrong. And Trump's flawed, sham process here failed to meet constitutional and statutory procedural requirements under the Fifth Amendment and the Administrative Procedure Act.
Those big firms that did the right thing and stood up to Trump in court — Perkins Coie, Wilmer Hale, Susman Godfrey and Jenner & Block — have been rewarded for their courage, scoring resounding victories. But, despite multiple judges ruling against Trump and his administration, the government in its briefs in Zaid’s case is trotting out the same failed arguments it made in those law firm cases. The rubber will again meet the road on Friday, when we will be in court to argue for a preliminary injunction.
If we succeed, and we believe the case is strong, it will be approximately the 200th time the new Trump administration has been enjoined. This week saw more of those wins, including in spaces adjacent to Trump's national security authority, such as the injunction stopping Trump's targeting of foreign students at Harvard or the order freeing a foreign-born, wrongly detained Columbia graduate. Yes, some victories occasionally end up modified on appeal. That happened this week with another case that we are involved in, the lawsuit against the illegal deployment of the National Guard in Los Angeles (although the case is still very much ongoing, and there were things to like in the appellate opinion, including a clear finding that such deployments are judicially reviewable). But for every one of those there are many more that stand up on appeal or do not get appealed.
All of this goes to show that even in areas like national security, presidential discretion is not unlimited and the rule of law can be brought to bear. We believe the Zaid case can be another step forward in that regard, even if there's not much that can be done in court about the unconstitutional Iran strike. I am proud to have found other ways to help push back and you can be too. Because we at The Contrarian are owned by no one, all profits go to support litigation like this case. Your paid subscriptions make that possible, together with our stellar daily journalism. It was another big week of that as well, starting with our real time coverage of the U.S.’s entry into the Israel–Iran war, and so much more.
TRUMP’S BIG, BRUTISH BILL
Stealing From the Poor to Give to the Rich: Tammy Baldwin on Trump's Reverse Robin Hood Bill
Jen was joined by Senator Tammy Baldwin (D-W) to discuss how Trump’s Reconciliation Bill is a massive betrayal of the American people. “We could have written a bill that helped the working and middle class…instead, we got a massive transfer of wealth to the richest people. That is just untenable and immoral.”
After An Ugly Week, Ugly Legislation
In a week wracked by the horror of the assassinations in Minnesota and state violence in LA, when the country was in dire need of empathy, unity, and healing, Jen Rubin saw MAGA Republicans return to Washington to pick up exactly where they left off: pushing a bill that would gut healthcare, raise costs, and hand billions in tax breaks to the wealthy. When cruelty becomes policy, there are apparently no days off.
The Big, Beautiful…Tax Hike: Jesse Lee on the GOP Tax Bill
Jesse Lee, former Senior Advisor for Communications to the National Economic Council, joined Jen Rubin to discuss Trump’s “Big, Beautiful Bill” and how Democrats can hold the line against its attacks on everything from Medicare to clean energy. "How can Democrats actually increase the heat enough to dissuade them?”
Trump’s Big Bad Betrayal Bill is Nothing But Harmful.
Jen was joined by Congresswoman Chellie Pingree of Maine to discuss why Trump’s Reconciliation Bill is a complete disaster for Maine, not to mention its relationship with its friendly Canadian neighbors.
Cuts to Medicaid and SNAP Hurt the Most Vulnerable: Anderson Clayton on Trump’s Reconciliation Bill
Jen was joined by North Carolina Democratic Chair Anderson Clayton to discuss how Trump’s big, brutish bill plans to eliminate life saving resources from those who need it most.
Jared Bernstein was joined by fellow economist Bobby Kogan this week to answer your burning budget questions, such as: do these Republicans have any clue what it's like to be on Medicaid?
AMERICA’S ROLE IN THE MIDDLE EAST AND THE REST OF THE WORLD
Amid the Israel-Iran conflict, Jen spoke with Ned Price, former State Dept. spokesperson and senior Obama-Biden official, about Trump's diplomacy failures and the renewed focus on Iran's nuclear threat. “Donald Trump is the first and only American president...who has failed to prevent Prime Minister Netanyahu from launching a preemptive war of choice when diplomacy remained viable.”
Trump, Israel, Iran, and Ukraine: Alex Vindman on the State of American Foreign Relations
Alex Vindman joined Jen to discuss the Russia-Ukraine war as well as the outbreak of hostilities between Israel and Iran, and how the “appearance of strength” he desires is undercut by the short-sightedness of his foreign policy." "Authoritarian regimes look robust until they fracture completely.”
Jen was joined by former US deputy secretary of state Wendy Sherman to discuss Iran’s nuclear program, the failure of the State Department to plan ahead, and the downstream effects that could be triggered if the United States takes an offensive role. "You can't bomb away knowledge. Iran knows how to do the entire fuel cycle. They will reconstitute their program, and likely do it underground and in secret."
The World’s Trust In the United States Is Fading
Brian O’Neill wrote on America’s fading international credibility. The world still sees the United States as strong, but it also sees a nation that silences dissent and ducks accountability. It sees a country that can no longer admit it's wrong.
Where in the World is Tim Mak? Tim Joins Jen to Give an Update on The Russia-Ukraine War
Tim Mak joined Jen from Paris to discuss the future of global diplomacy, including the EU’s waning trust in America as a global actor, how far away Russia and Ukraine are from reaching a peace deal, and why Putin may be interested in the conflict in Iran. "The war will end only when Russia is forced to end it."
Counting on ‘TACO’ Trump is Foolhardy
Jen wrote on Israel’s decision to declare its strike on Iran “preemptive,” a potentially gross miscalculation in more ways than one. Not only is there no clear intel to back up Netanyahu’s claims of nuclear weaponry, but Israel is also betting on Trump joining in–which may be a losing gamble.
American Morality Requires Us to Protect Afghans
Four years ago, Americans were angry over the Afghanistan withdrawal. Now, those we welcomed home might be forced back. Tom Malinowski discussed more in his article on Trump’s shameful revocation of the humanitarian parole status of thousands of Afghans, and why we are obligated to help them.
Brian O’Neill wrote on the stark dichotomy between the strongman image Trump wants to project–recently defined by sending troops into LA–and the reality of global isolation and domestic unpopularity we saw last weekend, with an empty parade and the streets filled with protest. Foreign capitals saw what Trump could not: power staged, not exercised.
HEALTH OF OUR DEMOCRACY
This week’s Democracy Index covered the growing violent and militaristic turn that occurred in America this week. The authors, Joyce Vance, Josh Kolb, and Lily Conway, urged the readers to reject any impulse to tune out, to become desensitized, or to accept any form of apathy. Instead, we must continue to be appalled by the cruelty and blatant disregard for justice coming out of this Administration.
Kim Lane Scheppele wrote on the warning signs of authoritarianism blaring in Trump’s military birthday party and the violence that has erupted nationwide in his name–even as she also observed signs of hope in this weekend’s protests, as millions gathered peacefully to assert that America has no kings. We are in the democracy danger zone, but there may still be time to reverse the slide.
The Contrarian Covers the Democracy Movement
Contrarians were among the millions of Americans who spent last Saturday at No Kings Day rallies across the country. Thank you to everyone who marched, made signs, and stood up for our neighbors and our nation (not to mention the 33k+ who joined our No Kings Day livestream (deep gratitude as well to our incredible speakers). This week we covered how Americans showed up for democracy, both
last Saturday and since, as people gathered to protest ICE, to protect Medicaid, to honor our veterans and more. Keep checking to see how Americans all across the country are protecting and defending democracy. Find protests in your area at mobilize.us, and send us your protest photos at submit@contrariannews.org.
Bill Braniff of PERIL joined Jen Rubin to explain how bad actors use mis-, dis-, and malinformation to manipulate and fuel violence. "I don't think we have our 21st-century sea legs underneath us yet when it comes to navigating the information environment."
Eliza Orlins Explains your Rights when Encountering ICE
New York City public defender Eliza Orlins explained what you should know if you are approached by Immigration and Customs Enforcement officers.
Trump Could Upend the Very Structure of American Government
Austin Sarat warned that if Trump gets away with using the National Guard in Los Angeles, the very basis of our constitutional order would be damaged. The illegal move tramples state sovereignty, violates the Tenth Amendment and edges us closer to authoritarian rule.
Offsides with Pablo Torre: An underdog story
In this week's "Offsides with Pablo Torre" talked golfer J.J. Spaun’s wild underdog finish at the U.S. Open, and unpacked how sports are becoming both battleground and mirror for America's democracy. "Golf is one of the ways that we understand the larger issue of corruption."
In this week’s Talking Feds, a stellar roundtable of Jonathan Alter, Emily Bazelon and David French joined Harry Litman to analyze a week when fires burned, actual & metaphorical. Don’t miss their analysis of troops in LA, Padilla’s arrest, Abrego return, DOGE vote, and a look ahead. Don’t miss it!
The Trump Vendetta Against Harvard
Stephen Richer wrote on Trump’s obsession with punishing Harvard, epitomized in his ongoing and illegal push to ban international students for “national security interests”...while seeming unconcerned that those same students could go to any other American university.
In the Boston Mayoral Race, Money vs. Experience
Shalise Manza Young reported on the Boston mayoral race, where Mayor Michelle Wu–a longtime resident and the first woman mayor–is battling to keep her job as a well-heeled newcomer steps in with dog whistles aplenty. "Kraft is the embodiment of the current political landscape in America: a wealthy man who has never before shown an interest in politics and now wants to run things via his money and his similarly deep-pocketed allies."
Jen Rubin looked at new polling that shows just how deeply unpopular the MAGA agenda is on immigration, taxes, and healthcare, with voters firmly opposed. To beat it, Jen argued that Democrats must spotlight the harm and who’s to blame. "Cruelty is not popular. And Democrats must focus on MAGA’s victims, tying them to the lawmakers responsible for their ordeal, in order to break MAGA’s grip on power in 2026."
CELEBRATING JUNETEENTH AND PRIDE
The Rainbow Flag Still Flies, Even as the Storm Rages.
Last June, Azza Cohen stood in the VP’s ceremonial office as Kamala Harris married her and her wife. This Thursday she reflected on that day, how much the world has changed since, and how to summon the spirit of resistance this Pride.
This Juneteenth, Don’t Let Lies About DEI Set Us Back
Misinformation can hinder all of us from reaching our full potential. Juneteenth marks the spread of freedom from slavery and reminds us that injustice didn’t end there. Legal disinformation, then and now, has long been used to deny rights. Kwame Raoul and Marc Morial warn that today’s attacks on DEI follow that same dangerous pattern.
Lessons from Juneteenth: The Military’s Role in Justice and Freedom
Tianna Mays and Jonathan Barry-Blocker of the Democracy Defenders Fund wrote on the military’s historic role in protecting and liberating people—not power, and how Trump’s recent actions betray that legacy of justice. "No president should persecute the people who strengthen our national security, not when our military suffers from historic recruitment lows. No national leader should force soldiers to move against their own communities and allies."
The Tea with April Ryan, ft. Dr. Chris Jones and Derrick Johnson
In another powerhouse episode of The Tea, April Ryan just about knocked the pot over with guests Maryland Governor Wes Moore and NAACP President Derrick Johnson. On this special Juneteenth edition, they spoke on the meaning of the holiday and how to carry forward its entwined spirit of resistance and joy. “We still are not free and we're still searching for freedom in this nation.”
50 years ago, NBA Bypassed a Black Candidate for Commissioner, Spurring a Boycott Call
Frederic Frommer revisited the moment 50 years ago when the NBA passed over its top Black executive, Simon Gourdine, for commissioner, and sparked calls for a boycott that ultimately helped to open the door for Black NBA executives.
For Trump, Demonization is Good Politics
Guy Gugliotta connected the disgraceful, but too often forgotten, history of the Ku Klux Klan to Trump’s contemporary othering of anyone who is not white and Christian. Just like the Capitol rioters, convicted Klansmen were eventually pardoned. “Do we want to fix this? Do we even want to?”
POLITICAL VIOLENCE ON THE RISE
Understanding Trump’s Incitements to Violence
UCL Professor of Global Politics Brian Klass wrote on how Trump, the Inciter-in-Chief, has normalized political violence. “At every opportunity, Trump has played the arsonist. He has deliberately heated up a climate in which targeted violence has become part of the normal realm of politics.”
The Violence and Incitement are Coming from Trump
In this week’s edition of Words & Phrases We Could Do Without, Jen Rubin called out Trump’s deliberate confusing of “violence” with “protest,” “rebellion” or “riot” for “peaceful demonstration.” "Trump wants to prevent dissent, and will use violence to accomplish his means. He wants to provoke and incite a violent response, leaving him with justification to crush his opponents."
We All Need to Take a Troubling New Gun Violence Study to Heart
Jeff Nesbit wrote on a landmark new study finding that after a major SCOTUS decision, child gun deaths soared—but only in states that loosened gun laws. “If more states had adopted stricter gun laws, many more children would be alive today. Where you live can mean life or death."
Spiritual Warfare and the Roots of Political Violence
Katherine Stewart traced the growth of a militant, politically-charged strain of Christianity that is now a major driver of the right’s push to reshape our democracy in its own image. "American religion has undergone major transformations…we are undergoing another such transformation now—and it is arguably the least reported yet most politically significant."
Why the Feds Want the Minnesota Assassination Case
Mimi Rocah wrote about the seemingly “unexpected power grab by federal authorities from the state prosecutor” in the case of the horrific political assassination of Minnesota state Rep. Melissa Hortman and her husband and the shooting of state Sen. John Hoffman and his wife.
For this week’s Undaunted column Jen highlighted Senator Alex Padilla: an American hero who, after being manhandled and silenced in a display of fascist scare tactics last week, took to the Senate floor to deliver an eloquent, heart-rending account of his ordeal. “Americans should not merely express gratitude for his conduct. Rather, we should seek to emulate his example.”
Supporting Women's Rights Goes Hand in Hand with Opposing Political Violence
Jennifer Weiss-Wolf analyzed a discomforting throughline that helps explain the assassination of Minnesota Rep. Melissa Hortman: the growing alliance between anti-abortion extremism and political violence.
FOOD, FILMS, & FARCE
Emily Beyda shared a meal meant to comfort you and remind you of home even while traveling on vacation. Her “Make Anywhere Cherry Tomato Pasta” is best enjoyed late at night after a day spent walking miles and eating well, it’s the perfect accompaniment for a glass or two of local wine and even more local television.
This week’s pet of the week was the fabulous Henry Mancini, a distinguished Bombay kitty who loves to sit on top of the record player while the jazz plays.
Culture Recs: America's Sweethearts are Back--and They Want a Raise
Meredith Blake closed out the week with another stellar line up of culture recommendations. This week the highlights were America’s Sweethearts: Dallas Cowboys Cheerleaders which follows the famous cheerleading squads trials and tribulations, Outrageous, a historical drama following three sisters with radically different politics, and Grenfell: Uncovered, a documentary investigating the tragic (and avoidable) Grenfell tower fire in London.
Donald and John: a Boy ex-President and his Imaginary Publicist
Ruben Bolling poked fun at Trump’s absurd military parade all about him.
The Other Parade. Nick Anderson’s latest cartoon visualized Trump’s real relationship to his own military: not birthday parades but deep VA cuts.
Michael de Adder shared another one of his excellent cartoons with us this week. This time, he portrays Trump as a lost member of the four horsemen of the apocalypse — War.
From 'Fortunate Son' to 'Y.M.C.A.', Trump is Oblivious to the Irony of his Song Choices
Culture columnist Meredith Blake wrote on the chaotic ironies of Trump’s playlist, at his farce of a birthday parade and beyond. "Does Trump realize that 'Fortunate Son' was written about people exactly like him?"
Well there you have it Contrarians–another amazing array of content in the week that was and another litigation landmark ahead in the week ahead. There's nothing like it in all of American journalism and we could not be prouder to share it all with everyone– particularly our paid subscribers who make it all possible. Thanks for all that–we could not do it without you! Warmly, Norm
The first opportunity to reduce Trump's power is to make sure Democrats win the Governorships of New Jersey and Virginia on Nov.4, 2025 OVERWHELMINGLY.
This is what I wrote about this unconstitutional Strike last night after traveling back to Europe from the US. I write about being warned by Lucian K. Truscott, IV, who has good military contacts.
https://lindaweide.substack.com/p/we-are-at-war-with-iran?r=f0qfn
A friend then pointed out that Trump bombed Iran on the 84th anniversary of the Nazi Operation Barbarossa, wondering whether it was a coincidence. And, she concludes with "and we know how that turned out...."
And Norm. Please keep up the good work. You are a treasure.