By David K. Shipler
There are
several ways to curb law enforcement. One is to cut off funding literally, as a
minority of Black Lives Matter protesters urged. Another is to redirect some money
from uniformed officers to social workers and mental health counselors, which
is what many demonstrators meant by “defund the police.” Still another is to
release convicted violent assailants of police officers. Or to ignore specific
laws; declare no intention to enforce them; and to investigate, fire, and
intimidate prosecutors and policing authorities who combat certain crimes.
President
Trump is doing all of those things except, of course, moving money to mental
health services. He and his consigliere, Elon Musk, have frozen spending
broadly enough to impede law enforcement. Trump has fired most of the
inspectors-general who investigate waste, fraud, and abuse. He has frozen
hiring at the IRS and discussed
laying off 9,000 employees to undercut tax enforcement. He has pardoned men
found guilty of violently attacking police officers on January 6. He has removed
veteran specialists from counter-terrorism work in the Justice Department,
robbing the country of expertise in a critical area of national security.
He has
announced that the law prohibiting Americans from bribing foreign officials to
get contracts abroad will no longer be
enforced. He has defied the congressional statute, unanimously upheld by the
Supreme Court, that bans Chinese-owned TikTok and has promised no prosecutions
of companies that continue to distribute the prohibited platform.
He has stymied
three agencies that enforce laws protecting workers and customers of banks and credit
card companies by shutting
down the Consumer Financial Protection Bureau and illegally
firing the Democratic-appointed chair of the National Labor Relations Board
and two of three Democrats on the Equal Employment Opportunity Commission.
He has subordinated the Justice
Department to his political and personal vendettas by firing prosecutors who
worked on cases against him and his supporters among the Jan. 6 rioters. This
presidential invasion of Justice and the FBI sweeps aside a half century of
ethical standards.
Trump’s underlings have sent a
chill through federal law enforcement by compiling dossiers on some 5,000 FBI
agents and staff who investigated those cases, and who seem likely be fired as
well. Lists have been drawn up of 3,600 new FBI agents and staff, already
vetted and trained but still on probation and thus easy to dismiss.
Federal
prosecutors have been ordered to drop corruption charges against New York City
Mayor Eric Adams, not for lack of evidence, the acting deputy attorney general
makes clear, but as a quid pro quo for the mayor’s cooperation with Trump’s
anti-immigrant agenda. Adams responded to that good news by allowing ICE
agents into the city’s Riker’s Island detention center, evading a local law
barring such access.
That case
is particularly significant on three counts. First, Adams—a Democrat and former
police officer—paid a friendly visit to Trump in Florida for conversations on
various topics, including immigration. Trump obviously sees him as an ally,
indicating how blatantly this administration intends to convert criminal
justice into a tool of presidential power, dispensing with the rule of law.
Second, the charges are to be dismissed
“without prejudice,” a legal term meaning they could be reinstated later. That
leaves Adam twisting in the wind, vulnerable to Justice Department retribution
if he is insufficiently compliant with Trump’s wishes.
Third, the US Attorney for the
district, Danielle R. Sassoon, who refused the order to dismiss the case and
resigned in protest, has sterling conservative credentials. A graduate of Yale
Law School, she clerked for the late Justice Antonin Scalia, a towering figure on
the right, and she is a member of the conservative Federalist Society.
Her
principled stance raises a question of whether the mainstream establishment on
the right who want to conserve the constitutional system will ever reach
a critical mass of alarm sufficient to block the Trumpists. It seems unlikely,
given Trump’s takeover of the Republican Party, which has marginalized and
threatened anyone who speaks up.
Meanwhile,
lawlessness prevails at the top. No obvious checks exist on Musk’s conflicts of
interest as he and his young computer techs pervade agencies that award and
oversee billiions in government contracts with his companies. Nothing
guarantees that he won’t have access to privileged information on competitive
bids, for example, or that he won’t be favored by pro-Trump, highly politicized
officials who fear the president’s disfavor. Does anyone seriously imagine Musk
or any other Trump buddy being prosecuted for corruption that might occur? Does
anyone seriously imagine FBI agents or prosecutors risking their jobs to
investigate Trump allies?
The
Trump-Musk rhetoric notwithstanding, the longterm goal of mass firings seems
less to cut government spending (employees’ salaries make up only
5 to 6 percent of the budget) than to open space for an influx of highly
ideological officials to politicize agencies that have been traditionally
professional and nonpartisan.
Creating
vacuums in law enforcement is a key element of the strategy. As they are
filled, even partially, they stand to be truly weaponized, reversing Trump’s claim
that they already were, against him. Yes, neutral law enforcement agencies tend
to be biased—against criminals, notes Jason Stanley of Yale, author of Erasing
History.
As every
autocrat knows, you can’t rule without having control over the policing
apparatus, plus the military and the intelligence gatherers. Trump made war on
those three institutions in his first term. Now he is moving to co-opt them.