John Roberts created this monster. What is he going to do about him?
The Constitution does not have a clause which states specifically, “either we have laws and follow them, or we don’t.” The closest the Constitution comes is in Article II, Section 3, where it is mandated that “the president shall take Care that the Laws be faithfully executed.” This clause is violated each day when Donald Trump awakens and opens his eyes. He committed the offense of insider trading last week, when two hours before he relaxed his onerous tariffs, he posted on Truth Social that it was “a good time to buy!” signaling to his friends that stocks would be recovering from the dive they took when he imposed the tariffs in the first place.
Trump is running a lawless presidency right out in the open and announcing that fact practically every day because he has been given permission by the Supreme Court to ignore not only norms and traditions observed by previous presidents, but the law itself.
Today, a law-abiding migrant is the victim of Trump’s blatantly illegal behavior. The most frightening thing about the first three months of Trump’s second term is not knowing where we stand. Unless and until John Roberts decides to step up and draw some lines, there are no limits on Donald Trump. Even if that happens, it remains to be seen whether Trump will deign to adhere to judicially imposed limits. He is already in violation of two district court orders and one order by the Supreme Court itself.
We are learning a grim lesson: Democracies don’t necessarily die in darkness but in the sunlight of outright defiance of the law by a president charged with its enforcement.
This is an excerpt from my weekly Salon column. For the rest of the column, go here:
As much as we want Kilmar Abrego Garcia freed, don't forget there are 260+ others jailed in El Salvador without due process. The abduction of people kidnapped off the street and imprisoned in a foreign land means the end of rights guaranteed since 1215 (i.e., the Magna Carta) and the 4th, 8th and 14th Amendments in our Constitution. The writ of habeas corpus, which allows individuals to challenge the legality of their detention, has a long history tied to the Magna Carta.
The 4th Amendment protects against unreasonable searches and seizures, while the 14th Due Process Clause ensures a person of life, liberty, or property without due process of law.
As if those violations of the Constitution were not enough, the cruel and unusual punishment clause of the 8th Amendment prohibits such action inflicted by the government This amendment aims to protect individuals like Kilmar Garcia--and all other residents of the US, to be protected by the Constitution, from punishment that is excessively harsh or inhumane.
Trump has destroyed the Constitution and the Magna Carta in 84 days, with the help of cowed, cowardlyRepublicans in Congress and the SCOTUS. Shades of Nazi Germany 1930s!
I am not convinced that Roberts isn't all in favor of this lawlessness. He could have stopped Trump in his tracks last year, he chose not to. He has been presented with multiple opportunities this year and his responses have been milquetoast. Roberts still may have a chance to redeem himself and save his legacy, but that window is going to close sooner than he thinks.