Unchecked and Unbalanced: Trump’s Executive Power Moves and the Rule of Law
Feb 13, 2025
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Preet Bharara, former US Attorney and host of "Stay Tuned with Preet," joins lawyer George Conway, CNN's Jamie Gangel, and Jonathan Kanter, ex-AAG for Antitrust. They dive into the surge of President Trump's executive orders and the ensuing legal battles. The conversation examines the implications of disregarding court rulings, the erosion of judicial trust, and the potential for a constitutional crisis. They also discuss the balance of power between the branches of government and the chilling effect of presidential immunity on justice.
The surge in President Trump's executive orders reflects a concerning trend of undermining checks and balances within the constitutional framework.
Criticism of judicial rulings by political figures like J.D. Vance raises alarms about potential defiance of court authority, posing risks to the rule of law.
State governments are positioned as vital defenders against federal overreach, emphasizing the importance of states' rights in maintaining civil liberties.
Deep dives
Executive Orders and Legal Challenges
The discussion highlights the rapid influx of executive orders issued by President Trump, totaling over 61 in a span of weeks, which touch on contentious issues such as birthright citizenship and funding for scientific research. With many of these orders facing legal challenges, more than 40 lawsuits have been filed against them by various states and organizations. Judges have begun to place stays on several of Trump's rulings, indicating a growing pushback against his administration's actions. This legal turmoil raises questions about the consequences when a president chooses to disregard judicial rulings, feeding into the broader narrative of a potential constitutional crisis.
Judiciary Criticism and Constitutional Integrity
The conversation addresses the rising trend among political figures, particularly Republicans like J.D. Vance, to criticize judicial decisions and their implications. Preet Bharara argues that while it's normal to critique judicial rulings, there is a concern that such rhetoric may embolden outright defiance of court orders. George Conway warns that if the current administration continues to act lawlessly, it could undermine the rule of law and lead to a significant erosion of constitutional norms. The emphasis here is on maintaining respect for judicial authority as a cornerstone of democracy and preventing a slide into lawlessness.
The Role of State Governments
State governments are portrayed as potential bastions against federal overreach, particularly as Trump’s administration appears to disregard certain laws and judicial rulings. Legal experts note that governors and state legislatures may take a stand against unconstitutional directives from the executive branch, highlighting the significance of states’ rights in American political discourse. These state-level actions could serve as a counterbalance to federal initiatives that are perceived as threats to civil liberties and rights. The future trajectory of this dynamic suggests a growing reliance on states to push back against actions taken at the federal level, especially in polarized political contexts.
Impact of Corporate Interests and Misinformation
The influence of corporate interests, particularly through figures like Elon Musk, is examined in the context of government operations and decision-making. There are concerns that the collaboration between tech oligarchs and the federal government could erode ethical standards and privacy rights, ultimately leading to a diminishing of civil liberties. Misinformation is also identified as a significant threat, with citizens receiving skewed narratives that may detract from the truth of current events, further complicating public discourse. The blending of corporate power and government roles poses risks that could seriously undermine democratic processes.
Future of the Rule of Law
The future of the rule of law under the Trump administration is portrayed as precarious, with fears that a refusal to adhere to judicial outcomes could become normalized. Experts discuss the implications of undermining court authority and the potential for a complete disregard for the judiciary, while also recognizing that historical cycles of governance suggest eventual restoration. The importance of accountability, both within Congress and through civic engagement, emerges as a critical theme for ensuring the preservation of democratic ideals. Ultimately, a sense of optimism persists among the speakers, emphasizing the resilience of Americans and the potential for a collective stand against autocratic tendencies.
In just a few weeks, President Trump has flooded the zone with executive orders, which have been met with dozens of lawsuits by state attorneys general, unions and non-profits and complaints by Democrats in Congress. Some of the orders have been blocked in court. But last weekend, Vice President JD Vance posted a tweet implying that a judge can’t tell the executive what to do. So what recourse do the courts, Congress or states have if the administration were to just ignore judicial rulings against them? Kara discusses the strength of our constitutional “checks and balances” and whether we are in or on the brink of a “constitutional crisis” with former US Attorney for the Southern District of New York Preet Bharara (host of the Vox Media Podcast Network’s Stay Tuned with Preet); lawyer and outspoken anti-Trump conservative George Conway; CNNspecial correspondent Jamie Gangel; and formerAssistant Attorney General for Antitrust Jonathan Kanter.
Note: This episode was taped the morning of 2/11/2025, before President Trump said in response to a reporter’s question in the Oval Office that he intended to abide by court rulings and appeal if his orders are blocked.
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