Donald Trump is sending soldiers into our cities, and the institutions we expect to protect us are failing. Republicans in Congress have become a rubber stamp. The ramifications of the Supreme Court’s ruling on immunity are being felt every day. Attacks on our free and fair elections are just getting started. As I wrote yesterday, I’m furious. I’m sure you are too.
Donald Trump is sending soldiers into our cities, and the institutions we expect to protect us are failing. Republicans in Congress have become a rubber stamp. The ramifications of the Supreme Court’s ruling on immunity are being felt every day. Attacks on our free and fair elections are just getting started. As I wrote yesterday, I’m furious. I’m sure you are too.
But just because we’re furious doesn’t mean we can’t fight. In fact, it should force us to fight harder and smarter. Part of that fight is keeping up with the news, staying informed and learning how we can defend democracy. As long as you have questions, I will be here to answer them.
Q: So many actions Trump has taken are illegal, but it doesn't seem to make a difference. Is it largely due to the SCOTUS ruling granting presidents immunity while in office?
— GiGi
A: Yes, the immunity decision is a part of the problem, but it is more complicated than that.
It is now harder to hold Trump criminally accountable because he can claim that his actions were committed within his "core constitutional power.” But that should not stop the courts from blocking his illegal actions from taking effect. And while many courts are stepping up to protect the rule of law, there are increasing signs that the Supreme Court is less willing to have a direct, full-scale confrontation with Trump.
The Founders expected that Congress would be the most powerful branch and would use its power to withhold funds and impeach if a president disregarded the law. With Republicans in charge, however, Trump can treat Congress as a doormat. That is just one reason we need to focus on electing a Democratic Congress in 2026.
Q: Wouldn’t a ruling declaring it illegal to send troops to LA prevent the president from sending troops to other states in the same manner in the future?
— Theresa
A: While a District Court ruling in California does not bid courts elsewhere, it is certainly a helpful precedent to point to. As a reminder, a federal judge ruled that the Trump administration violated the Posse Comitatus Act when it sent 4,000 National Guard troops and 700 Marines to Los Angeles. The Posse Comitatus Act prohibits the use of U.S. military personnel for domestic law enforcement.
The problem is that Trump considers laws to be suggestions and dismisses adverse court rulings as simply the actions of “a rogue judge is trying to usurp the authority of the Commander-in-Chief.” I fear that, absent a direct ruling from the Supreme Court, the Posse Comitatus Act will not stop Trump from sending the military into our city to perform law enforcement functions, and we should be prepared to expect the worst.
Q: If the midterms are won by a majority of Democrats, could Mike Johnson and John Thune declare massive irregularities or fraud, backed by Trump and his DOJ, and refuse to seat new members? Who could compel them?
— William
A: The question is not if Trump declares voter fraud — the question is when. As we get closer to the midterms, I expect Trump and the DOJ to continue interfering in free and fair elections. Whether that be purging voter rolls, suppressing mail voting or targeting voter machines. If their efforts don’t work and they still lose seats, you can bet Rep. Mike Johnson and Sen. John Thune will follow Trump’s marching orders.
The speaker and the majority leader are Trump sycophants. They also want to cling to power. So, we need to be ready for the kind of election subversion you suggest but not paralyzed by it. We have beaten them before in court and while we have many legal battles ahead of us, I am confident we will again.
Q: Is there a lawsuit against ICE for failing to identify themselves and covering up their faces?
— Lynn
A:Trump is building an army with ICE. As he continues to massively increase its budget and empower officers, we will continue to have more questions about what they can and cannot do.
I’ll keep it simple: ICE agents cannot misrepresent their identity. There are many lawsuits going on right now regarding the conduct of ICE agents, including Kidd v. Noem, which was brought by the ACLU of Southern California. The settlement in this lawsuit prohibits ICE officers in Southern California from misrepresenting themselves as local police to conduct home arrests.
Expect to see more lawsuits and challenges as Trump continues to want ICE agents to morph into his own standing army.
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