On the Question of Crisis

Sharing the recent newsletter from Trevor Potter, President of the Campaign Legal Center. T

From the Desk of Trevor Potter

The Trump administration’s effort to carry out its vision of an all-powerful presidency has started a widespread debate about whether the country is in a constitutional crisis. Definitions vary on when a crisis becomes “constitutional” — but there is no doubt that we are dealing with a true crisis of governance that poses a potentially mortal threat to our system of checks and balances, the rule of law and fundamental constitutional rights.

The evidence of this crisis could fill volumes. Broadly speaking, we see unmistakable moves to consolidate power within the presidency — an authoritarian single-branch executive with virtually unchecked power over the federal government, with Congress and the courts sidelined or ignored. This is not the checks and balances given to us by the founders and two centuries of practice.  

• Since taking office, the Trump administration has tried to implement its agenda through an unprecedented series of boundary-testing executive power grabs, many of which clearly violate the law and the separation of powers.

• Administration officials — including the world’s wealthiest businessman, Trump megadonor and “special government employee” Elon Musk — have repeatedly overstepped executive branch powers by refusing to spend money appropriated by Congress, ignoring rules around the firing of federal employees, and purporting to shut down entire federal agencies without the authority to do so.

• The administration has ignored due process laws that are in place to ensure the government does not violate the First Amendment and detain or deport individuals who have the right to be in this country.

• The legislative branch has taken no action to deter the president or reclaim its power. In fact, Congress has been largely compliant and invisible.

• Dozens of lawsuits are being filed to stop the Trump administration’s actions (including some by Campaign Legal Center) with judges in many instances ruling against the administration. In response, the White House — on multiple occasions — has delayed compliance with court orders or only partially complied.

• The Trump administration is also carrying out a campaign of intimidation targeting and blackmailing the press, universities, lawyers, judges and others perceived as political opponents.

Campaign Legal Center (CLC) is actively engaged in the fight to stop this flagrant disrespect for the rule of law and the separation of powers. As an organization providing legal representation for Americans harmed by the Trump administration’s actions, we are extremely alarmed by efforts to delegitimize the courts and bully officers of the court into a state of obedience.
 
Consider the ongoing legal battle over the administration’s decision to fly more than 200 Venezuelan citizens to a prison in El Salvador. This was done without due process, on a highly questionable reading of legal authority, all while trying to evade judicial review. James Boasberg, Chief Judge of the U.S. District Court for the District of Columbia, has ruled against the administration in this case. In response, the president has launched vicious social media attacks, including an unhinged call for Judge Boasberg to be impeached.

 
U.S. Supreme Court Chief Justice John Roberts took the rare step of releasing a statement that, while not naming names, clearly was meant as a response to the president and others: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.”
 
Meanwhile, the president has opened a new front in the assault on the rule of law through a series of executive orders and a memorandum attacking lawyers and law firms for overtly political reasons, attempting to punish them or drive them out of business for having the temerity to take on clients or lawyers he dislikes. Responses have varied from defiance to submission. I join the chorus of voices expressing alarm over this campaign, which targets the core principle that attorneys should be able to represent clients without fear of retribution.
 
As the Trump administration continues its tactic of “flooding the zone” in its first 100 days in office, the debate over what kind of crisis we face intensifies. Each illegal action moves us further away from our core constitutional ideals and principles, meaning we may turn around one day to see the line in the sand is far behind us.
 
The bottom line is that our democracy is in grave danger and the president must be forced to reverse course. It is within his power to work with Congress to change the law, but he cannot ignore it. The Constitution guarantees the American people a system of government where each branch of government respects the powers and authority of the others.
 
In the absence of a course correction, it is up to all of us — attorneys, journalists, academics and concerned citizens alike — to step into the breach and defend the fundamental values that make the United States a democracy. CLC is proud to take our place alongside the many organizations and individual Americans who are fighting this unprecedented challenge to our constitutional order.

Sincerely,

Trevor Potter
President, Campaign Legal Center