No One Is Safe

Nur für Deutsche” (“Only for Germans”)

Signs posted during World War II in Nazi Germany and occupied territories

“America is for Americans and Americans only!”

Stephen Miller at a New York City rally for Trump on 27 October 2024. He is now the Deputy Chief of Staff for Trump in charge of immigration.

Yesterday I stumbled upon a live press availability in the Oval Office where Trump and the president of El Salvador Nayib Bukele (the self proclaimed “world’s coolest dictator” — you can’t make this stuff up) held forth about a variety of issues. Among them, Trump declared that the war in Ukraine was President Biden’s (“he should never have let it happen”) and President Zelenskyy’s fault (“you don’t start a war against someone twenty times your size and then hope that people give you some missiles”), spread Russian propaganda, lied about the Supreme Court, congratulated himself on his trade war with our allies and friends, and opined about sending U.S. citizens to the most dangerous prison in the western hemisphere in El Salvador. (More on that in a minute.) All of that is to name just a few of the embarrassing and yet terrifying remarks that he made. To me, it was an unmistakable declaration of his belief that he was already the autocrat he always yearned to be. It was literally a jaw dropping moment as I realized how much trouble we are in as a nation that used to be dedicated to the rule of law.

The Trump Administration brings an entirely new level of craziness and ignorance into our lives every day. As the president and his minions challenge our long standing traditions and norms in every area of our national lives — from the economy to foreign affairs — there is one thing in common to all of it. The correct questions to ask are does Trump or his family financially benefit from his actions? If not, which of his cronies do? As Anne Applebaum points out in her article “Kleptocracy, Inc” in The Atlantic magazine, Trump knows that he can get away with anything. After all, he is a convicted felon that tried to overthrow the government and suffered no meaningful consequences. Why worry about silly things like conflicts of interest or blatant financial dealings that enrich the president? Who is going to stop him? Manipulate trade laws to crash the stock market, bring it back, and then have his family and friends profit from possible insider trading? Why not? But, just to make sure, Trump suspended enforcement of a long list of checks and balances on our financial system that prevent illegal activity. His actions now allow for nearly unfettered corruption, graft, greed and bribery to flourish. Too harsh? Look up “World Liberty Financial” as an example of the many ways he is making money off of the presidency. It is the Trump family cryptocurrency business that he set up just after his re-election. Anyone can contribute to it at any time. A perfect front for taking bribes.

The country, including you and I, are, to use a technical term, screwed.

But even as I watch my 401(k) disappear, the grift and graft are not my biggest worries with the Trump administration. I am most worried about the loss of our rights under the Constitution. We are well on our way to having our worst nightmares realized.

As with the case of Kilmar Abrego Garcia, a Maryland father married to a U.S. citizen picked up off the street and sent to the notorious Centro de Confinamiento del Terrorismo (CETCO) in El Salvador, none of us appear safe anymore. The Trump Administration claims that the Supreme Court of the United States (SCOTUS) declared in a 9-0 unanimous decision that under the Alien Enemies Act of 1798, the president has unfettered rights to do as he pleases with regards to national security and foreign affairs. In fact, the SCOTUS declared nothing of the kind. They ruled that the U.S. has the obligation to “facilitate” the return of Mr. Garcia from El Salvador as he had no criminal record anywhere, was protected from deportation to El Salvador by a court order, and three administration officials declared, under oath, that his banishment to CETCO was an “administrative error.” The government argues that he is a member of a dangerous gang without producing any evidence to support their claim. Besides, they argue, he is now in El Salvador, therefore U.S. courts have no jurisdiction and the U.S. government cannot just go and get him. Not surprisingly, President Bukele said that he would not release Mr. Garcia.

Please let me get this straight. Trump started a trade war, threatens to invade Greenland and Panama, turn Canada into the 51st state, says he can end the war in Ukraine in 24 hours, and yet he is too weak to convince a two bit dictator (who is getting paid by the U.S. to keep prisoners in CETCO), to release one man?

Why is this important? Two big reasons. The Trump administration is clearly ready to defy SCOTUS if they don’t like a particular ruling, and it is currently unclear whether or not SCOTUS will insist on the administration following the law. Second, if the administration can claim that once somebody is sent to El Salvador the U.S. has no further way to bring that person home, even if they were sent in error, then what is to prevent them from “accidentally” picking up a U.S. citizen, sending them to El Salvador and then claiming that, as Bukele did on social media when this all began, “Oopsie….. To late.”

Yesterday Trump asked Bukele to expand CETCO with five new buildings so that he could make even more people disappear into the depths of that hell hole including what he calls “home grown criminals” — American citizens. Is that legal? Not under our Constitution. Can “mistakes” happen? Who knows? What we do know is that nearly every action that Trump has taken since his inauguration runs counter to what we had come to assume was “normal” for our democratic republic. Instead, his administration has declared “emergencies” in every area of our lives to put into place whatever policy suits their fancy.

Everyone in the U.S. is entitled to due process under the Constitution, no matter their status. The Trump administration sees no need for such legalities when they are dealing with anyone they deem a threat — as they define it. Apparently, they are the only ones that can define the threat. Note that we already have laws that deal with illegal immigration, deal with criminals and provide the ability to lawfully deal with people that are a threat to our security. Trump refuses to use existing legal means, probably because they know that there is no legal basis to do what they are doing.

Mr. Garcia is the example that demonstrates where this administration is going. Last week they declared roughly 6100 immigrants as “dead” in the Social Security system. They range in age from 13 to 80 and are here under a variety of legal policies. The intent is to get them to self-deport. Here is what happens when the Social Security Administration puts one into the dead system. Not only do you lose social security benefits (which most immigrants pay into but if they are illegal, they get no benefits out) but banks, landlords, credit card companies and numerous other financial and social systems immediately drop you out of their systems. You cannot work. Need cash from your savings account for food? Sorry, you don’t need to eat, you are dead! How do you self deport? By going to an immigration judge and letting them know. Easy. Except if ICE is also there and picks you up before you see the judge, holds you incommunicado and sends you to CETCO.

Apparently the Trump administration is focusing on students studying in U.S. colleges either on a student visa or with a green card. Several hundred students have been deported or refused re-entry into the U.S. for various reasons — usually because they are alleged to have taken part in demonstrations (even if peaceful) protesting the Israeli government’s treatment of Palestinians. The administration’s announced plans to scour the social media postings of all 1.2 million foreign students in the U.S. and deport those alleged to have remarks deemed “antisemitic” or critical of U.S. policies. The government will decide who meets those criteria without defining them.

Let’s come back around to sending “home grown” criminals to CETCO. Last week Trump signed two Executive Orders targeting two of his former first term administration officials. One is Christopher Krebs who was the cyber security official that oversaw the 2020 election. He declared it the safest, most secure election in the history of the U.S. The other official is Miles Taylor who was the chief of staff in the Department of Homeland Security (DHS) during Trump’s first term. Mr. Krebs is in trouble because Trump still claims that the 2020 election was rigged (really? still?!) and therefore Mr. Krebs is facilitating the falsification of the election results. Mr. Taylor wrote an anonymous op-ed for the New York Times, and later a book, detailing how crazy things were within the Trump administration’s first term. Trump wants the DHS and the Attorney General to investigate and prosecute the two men. (Talk about politicizing the DOJ!) Here’s the rub. Trump declared that what they did, especially Mr. Taylor, was “treasonous.” The maximum punishment for treason is death. Does that make Mr. Taylor a “monster criminal” and if so is he eligible for permanent incarceration in the gulag known as CETCO? Where does it stop? He has said that the former Chairman of the Joint Chiefs General Mark Milley committed treason by not doing everything Trump wanted him to do in his first term. Does he go to CETCO?

We might only be surprised by our lack of imagination on just how far this administration is willing to go.

Trump continues to sign Executive Orders attempting to put powerful law firms, that have in some way or another irritated him, out of business. Sadly, so far many of them have caved to Trump and crawled to the Oval Office to kiss his ring. As a result, Trump has amassed the promise of roughly one billion dollars in pro bono legal services for his causes. Whatever those may be. He only cares about himself, so I guess these law firms will give Trump nearly unlimited legal advice and support for whatever strikes his fancy.

The deputy chief of staff Stephen Miller publicly stated that his goal was to deport one million people by the end of 2025. (The dirty little secret is that despite the hype and high profile cases, so far the Trump administration has deported slightly fewer people than the Biden administration did over the same time period. The Biden administration followed the law.) That means that they are planning to deport people that are here legally. Just declare that groups of people (Haitians, Venezuelans, Ukrainians, pick your group) no longer have special legal status to stay in the U.S. and you have a target rich environment to start deporting whomever you want. Asylum seekers, green card holders, student visa holders, just pick a group. Were I a naturalized citizen I would be paying close attention. One man with a legal green card was arrested Monday while attending a scheduled meeting on how to become a naturalized citizen.

My sense is that they literally want to deport every man, woman and child that is not a born in the U.S.A. citizen. Although even that may not be enough if Trump succeeds in over-turning the 14th Amendment, which he is already trying to do.

No one is safe. Congress remains supine in worship of Trump and have abdicated their responsibilities under the Constitution. We thought that the judicial branch would step into the breach but it is not clear to me that they will. The SCOTUS seems hesitant to directly challenge Trump and his administration. Perhaps they know that Trump will ignore any ruling with which he disagrees and therefore they do not want to give him that opportunity. I do not know. I am out of the prediction business, but I can read and listen and see what is happening and I am very concerned.

I take solace in the fact that we are not Hungary, or Turkey or Russia. We have a tradition of democracy and most of us will not give it up easily. My concern is that the muscle memory of most Americans assumes that politicians come and go but life pretty much continues as it always has. That just is not true today. Big changes are ahead. What they are I know not, but we all need to pay attention.


An Unsteady Hand On the Helm

“Because it’s an economic enemy, because they have taken advantage of us like nobody in history. They have; it’s the greatest theft in the history of the world what they’ve done to the United States. They’ve taken our jobs.” — Candidate Donald J. Trump 3 Nov 2015 responding to a question on China.

“President Xi of China, and I, are working together to give massive Chinese phone company, ZTE, a way to get back into business, fast. Too many jobs in China lost. Commerce Department has been instructed to get it done!”  — The President on Twitter on 13 May 2018

To some, developments surrounding the giant Chinese telecommunications firm ZTE may be a little too technical and down in the weeds.  I think it is a perfect example of how erratically and whimsically the current president operates.  It may also demonstrate that the president is primarily interested in policies that benefit him or his company rather than the nation as a whole.

Stick with me while I outline what happened.  It really is not that complicated.  Consider these facts regarding ZTE.

  • ZTE is a Chinese government-owned telecommunications company, based in China, that manufactures cellphones and other equipment with clients in 160 countries and research centers around the world.
  • ZTE uses U.S. technology and parts that make up nearly half of the materials they use.  They are also the fourth largest seller of smartphones in the U.S.
  • In 2012 the U.S. House Intelligence Committee released an in-depth report on ZTE (and another Chinese company named Huawei) saying that the company poses a national security threat because they are stealing U.S. technology.  The report recommends that “U.S. government systems, particularly sensitive systems, should not include Huawei or ZTE equipment, including component parts.” There was, and presumably still is, a concern that ZTE may be using their products to spy on the U.S. or to provide the opportunity to disrupt essential activities.
  • In 2016 the Commerce Department found that ZTE was violating sanctions laws by selling devices, that included U.S. made parts, to Iran, North Korea, Sudan, Syria and Cuba — all under embargoes at the time.
  • In April, the Commerce Department banned it from buying U.S. technology or products for seven years.
  • The Defense Department banned the sale of ZTE and Huawei phones on military bases through the Post Exchange and Navy Exchange systems as they “may pose an unacceptable risk to the department’s personnel, information and mission.”
  • Last week ZTE reported that they were stopping all “major operating activities” which was widely understood to mean that they were going out of business because they could no longer get U.S. parts needed to continue their operation.

So, to summarize, the president is helping a Chinese company that is well-known as a sanctions violator and a threat to U.S. national security to get back into business by ordering the U.S. Commerce Department to “get it done!”  Why?

To be blunt, no one is quite sure.  But of course many people are never quite sure why Mr. Trump does many of the things that he does.  There are several theories, however.

The U.S. is about to enter into a major trade war with China if negotiations taking place this week fail.  Chinese President XI was reported to be “furious” about the decision to ban sales of parts to ZTE and threatened to impose harsh sanctions on the U.S. and/or to walk away from the trade negotiations.  So, apparently, the president on Sunday caved to his demands before ever reaching the negotiating table because it was politically more important to him to get a “deal” than to protect national security.  (Some analysts speculate that North Korea’s Kim Jong Un saw how quickly the president gave in to get something he wanted (“better trade deals with China”) and thus, among other reasons, threatened to walk away from talks with the U.S. in order get concessions.  But I digress.)

As part of that political calculation, Mr. Trump may be, rightly or wrongly, putting the interests of his supporters above national security.  When the Trump administration unilaterally imposed tariffs on Chinese imports earlier this year, the Chinese retaliated by refusing to buy U.S. soy beans.  China is the second-largest market for U.S. agricultural exports.  According to the Department of Agriculture, soy beans are the main crop sold to them.  By the beginning of May, China reportedly cancelled all purchases of U.S. soy beans and turned to Canada and Brazil for their supply.  If the ban continues, it will have a major economic impact in farm communities around the country, but especially in the mid-west.  Farmers are rightly worried that once the Chinese shift to other markets, they will never return to buying U.S. soy beans, whether or not tariffs and trade wars are resolved.  To me, this is yet one more example of Mr. Trump making a grand pronouncement and acting tough without consideration, or more accurately without understanding, the ramifications of his actions.  Other nations will not be dictated to by our president, especially other strong countries with their own interests at stake.

Other possible reasons may be that he may wrangle concessions from China as a quid pro quo to helping ZTE, thus helping to avoid a deep and wide-spread trade war.  Mr. Trump may also have done it because he needs China’s help and cooperation in dealing with Kim Jong Un in North Korea.

There may also be another reason for Mr. Trump caving so quickly.  He tweeted (is this the only way he can communicate with his own administration?) his command to the Commerce Department to save Chinese jobs on Sunday.  Only three days before that, another Chinese government-owned company agreed to finance 500 million dollars of development in Indonesia that will include a hotel, condominiums, and (what else?) a championship golf course with the Trump brand.  The deal will significantly benefit Trump, Inc., the company that he continues to get income from as president.  The deal has been in the works for a considerable period of time, but we can all be assured that the timing of the announcement had nothing to do with the actions against ZTE or the impending trade talks.  According to some Constitutional scholars, it may also put the president in violation of the emoluments clause of the Constitution, which bans gifts from foreign governments.

Whichever reason, or combination of reasons, explains his abrupt about face, Mr. Trump’s action sets a dangerous precedent.  Besides continuing to reinforce the international perception that Mr. Trump is mercurial and cannot be trusted — thus raising questions as to why enter any deal with the U.S. — it violates the long-standing U.S. principle that trade decisions should not be based solely on domestic political reasons.  This is particularly crucial with respect to trade enforcement decisions.  Once other leaders discern that Mr. Trump is willing to cave on issues of trade or national security for purely domestic political reasons, expect more of them to demand concessions for their own issues.

Additionally, putting politics above enforcement weakens our positions on the rule of law and the normal course of interactions between nations.  If  there are no rules, or if the rules can change on Mr. Trump’s whim, we lose all standing to insist that other governments abide by their own agreements.  There appears to be little to no consideration by Mr. Trump as to what happens next when he makes these arbitrary decisions.  As I wrote in my last piece in this space, a prudent decision maker and government leader will consider the consequences of decisions and the subsequent actions that must take place — whether successful, or not successful, or when perverse and unexpected consequences result.

Finally, there are those in and out of government that worry that the Negotiator-in-Chief really is not that good at it.  In this case and others, he demonstrates a propensity to give up leverage (in this case the actions against ZTE) before getting the other side to offer up their own concessions.  In this case China offered nothing in return for the president rescinding the actions against ZTE.  Based on his tweet on Monday, it may be that Mr. Trump’s biggest concern is keeping his good buddy President XI happy.

“ZTE, the large Chinese phone company, buys a big percentage of individual parts from U.S. companies. This is also reflective of the larger trade deal we are negotiating with China and my personal relationship with President Xi.”
This Tweet came only hours after Commerce Secretary Wilbur Ross said, in relation to the ZTE issue, that “our position has been that that’s an enforcement action separate from trade.”  So much for the left hand, right hand, and all that.
The ship of state sails on.  We can only guess where we end up.