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For The Record  

FTR#1377 Team Trump Takes the Field, Part 3

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FTR#1377 This pro­gram was record­ed in one, 60-minute seg­ment.

Intro­duc­tion: The pro­gram begins with read­ing of two arti­cles dis­cussing the arrival of fas­cism in Amer­i­ca. The arti­cles are lim­it­ed in scope, how­ev­er, Mr. Emory feels a degree of sat­is­fac­tion to see the over­due recog­ni­tion of the true nature of the unfold­ing apoc­a­lypse.

From Hen­ry Giroux: “We live in per­ilous times. The mobi­liz­ing pas­sions of fas­cism are no longer a dis­tant echo of history—they are here, surg­ing through the Unit­ed States like an elec­tric cur­rent. We are in a peri­od of social, ide­o­log­i­cal, and racial cleans­ing. . . . Amer­i­cans are not wit­ness­ing a slow drift toward author­i­tar­i­an­ism. They are liv­ing through the vio­lent, coor­di­nat­ed seizure of demo­c­ra­t­ic life by fas­cist forces embold­ened by indif­fer­ence,  cru­el­ty, and the archi­tec­ture of unac­count­able pow­er. . . .”

Fol­low­ing that read­ing, Mr. Emory presents an infor­ma­tive inter­view by Amy Good­man of a Guardian jour­nal­ist who details the fas­cist forces shap­ing both Elon Musk and Peter Thiel.

The influ­ence of Elon Musk’s grand­fa­ther on the devel­op­ment of tech­no­crat­ic fas­cism is a top­ic that will be explored in future pro­grams.

1.“The Fire This Time” by Hen­ry Giroux; counterpunch.org; 4/4/2025.

We live in per­ilous times. The mobi­liz­ing pas­sions of fas­cism are no longer a dis­tant echo of history—they are here, surg­ing through the Unit­ed States like an elec­tric cur­rent. We are in a peri­od of social, ide­o­log­i­cal, and racial cleans­ing.

First, the notion of gov­ern­ment as a democ­ra­tiz­ing pub­lic good and insti­tu­tion of social responsibility—that once held pow­er to account, pro­tect­ed the vul­ner­a­ble, and nur­tured the ideals of jus­tice and col­lec­tive responsibility—is being method­i­cal­ly destroyed. The com­mon good, once seen as the essence of demo­c­ra­t­ic life, has become the ene­my of the neolib­er­al fas­cist state. It is not mere­ly being neglected—it is being assault­ed, stripped bare, and left to rot in the shad­ows of pri­va­ti­za­tion, greed, and brutality—the main fea­tures of gang­ster cap­i­tal­ism. Pub­lic insti­tu­tions are hol­lowed out, courts are under siege, reg­u­la­to­ry bod­ies are politi­cized and dis­em­pow­ered, and the mech­a­nisms of gov­er­nance now serve only the most ruth­less forms of con­cen­trat­ed finan­cial and polit­i­cal pow­er.

Sec­ond, we are wit­ness­ing a form of ide­o­log­i­cal cleansing—a scorched-earth assault on crit­i­cal con­scious­ness. Edu­ca­tion, both pub­lic and high­er, is under siege, stripped of its demo­c­ra­t­ic mis­sion to cul­ti­vate informed judg­ment, crit­i­cal think­ing, and the capac­i­ty to make cor­rupt pow­er vis­i­ble. What once served as a space for reflec­tion, dis­sent, and civic engage­ment is being trans­formed into a bat­tle­field of ide­o­log­i­cal con­trol, where ques­tion­ing author­i­ty is replaced by obe­di­ence, and ped­a­gogy is reduced to train­ing, con­for­mi­ty, and pro­pa­gan­da. Edu­ca­tion is explic­it­ly no longer on the side of empow­er­ment for the many. It has become an ide­o­log­i­cal tool of mas­sive repres­sion, indoc­tri­na­tion, sur­veil­lance, and an adjunct of the bil­lion­aire elite and the walk­ing dead with blood in their mouths.

Books that illu­mi­nate injus­tice, affirm his­to­ries of resis­tance, and intro­duce crit­i­cal ideas are being banned. Entire fields of knowledge—gender stud­ies, crit­i­cal race the­o­ry, decolo­nial thought—are out­lawed. Pro­fes­sors are fired, black­list­ed, or harassed for dar­ing to speak the truth, espe­cial­ly those who denounce the geno­ci­dal vio­lence being waged by Israel, which has now tak­en the lives of over 50,000 Pales­tini­ans, many of them chil­dren. Jour­nal­ists are doxxed, detained, or demo­nized.

Cul­tur­al insti­tu­tions are defund­ed or coerced into silence. The arts are no longer sacred; they are now sus­pect. Social media plat­forms and news out­lets are intim­i­dat­ed, policed, and purged. Elite law firms are tar­get­ed,  intim­i­dat­ed, silenced or forced into com­plic­i­ty by the Trump admin­is­tra­tion. Scott Cum­mings right­ly argues Pres­i­dent Don­ald Trump’s recent speech to the Depart­ment of Jus­tice was meant as a dec­la­ra­tion of war against lawyers. Some pres­ti­gious law firms and attor­neys—once alleged guardians of justice—now grov­el before author­i­tar­i­an­ism in acts of stag­ger­ing com­plic­i­ty. The pub­lic sphere is shrink­ing under the weight of repres­sion.

Third—and per­haps most alarm­ing—is the esca­lat­ing cam­paign of racial cleans­ing—a war against the most vul­ner­a­ble, on bod­ies, on the flesh, and on vis­cer­al forms of agency. This is not hyper­bole. Immi­grants are caged in squalid deten­tion cen­ters, sep­a­rat­ed from their fam­i­lies, deport­ed with­out due process to deten­tion cen­ters in Louisiana or to Guan­tanamo, or sim­ply dis­ap­peared. Mus­lims are vil­i­fied, sur­veilled, and tar­get­ed with impuni­ty. Black and brown com­mu­ni­ties are over-policed and under-pro­tect­ed, sac­ri­ficed to the machin­ery of carcer­al vio­lence. State ter­ror­ism is nor­mal­ized.  The state is active­ly crim­i­nal­iz­ing exis­tence itself for all those who do not fit the white Chris­t­ian nation­al­ist fan­ta­sy of puri­ty, obe­di­ence, and sub­ju­ga­tion.

This is a war not only against peo­ple, but against mem­o­ry, imag­i­na­tion, and the very capac­i­ty to think, make con­nec­tions, and to dream a dif­fer­ent future. The unimag­in­able has become pol­i­cy. The unthink­able now pass­es for nor­mal.

Con­sid­er just a glimpse of the hor­ror now unfold­ing:

Venezue­lan migrants are being dis­ap­peared into a noto­ri­ous max­i­mum-secu­ri­ty tor­ture dun­geon  in El Sal­vador run by Nay­ib Bukele, a ruth­less dic­ta­tor, pun­ished not for crimes, but for the ink on their skin. A leg­endary British punk band, the UK Subs, denied entry for voic­ing dis­sent against Trump’s author­i­tar­i­an poli­cies. A French sci­en­tist barred at the bor­der for crit­i­ciz­ing Trump, who with sneer­ing smile, tears up the Con­sti­tu­tion with per­for­ma­tive con­tempt. Trump vio­lates court orders with impuni­ty. Stu­dent visas are revoked in the dead of night. Their dorm rooms raid­ed, their wrists bound in hand­cuffs, they are forced into unmarked cars by agents of a sys­tem that is both cru­el and clan­des­tine. Young peo­ple—Mah­moud Khalil, Rumeysa Ozturk, Ran­jani Srini­vasan, Yun­seo Chung—are dis­ap­peared, impris­oned in Louisiana, and await depor­ta­tion under a regime of malig­nant legal­i­ties.  cloaked in legalese. These are not arrests—they are abduc­tions. Not justice—but the slow machin­ery of fear made flesh. Dis­sent is now brand­ed as ter­ror­ism, and those who chal­lenge Trump’s author­i­tar­i­an grip van­ish into the void—arrest­ed, erased, ren­dered dis­pos­able.

Trump’s total­i­tar­i­an machine is wag­ing a relent­less war on col­leges and uni­ver­si­ties. As Chris Hedges observes, the admin­is­tra­tion has threat­ened to strip fed­er­al fund­ing from more than 60 elite high­er edu­ca­tion insti­tu­tions under the guise of pro­tect­ing Jew­ish students—while already pulling $500 mil­lion from Colum­bia Uni­ver­si­ty, an action that has noth­ing to do with com­bat­ing anti­semitism. The charge is a smoke­screen, a cyn­i­cal pre­text to silence protest and crush dissent—especially in sup­port of Pales­tin­ian free­dom. As Rashid Kha­li­di observes, “It was nev­er about elim­i­nat­ing anti­semitism. It was always about silenc­ing Pales­tine. That is what the gag­ging of protest­ing stu­dents, and now the gag­ging of fac­ul­ty, was always meant to lead to.”

Elite uni­ver­si­ties once proud of their intel­lec­tu­al auton­o­my are being trans­formed into for­ti­fied zones of sur­veil­lance and sub­mis­sion.  Colum­bia among the most glar­ing, where the cam­pus now resem­bles a police precinct more than a place of pro­gres­sive ideas and demo­c­ra­t­ic val­ues. Only now, as the dark­ness thick­ens, are a hand­ful of jour­nal­ists and lib­er­al com­men­ta­tors awak­en­ing to the author­i­tar­i­an siege on high­er education—a siege some of us have been nam­ing for decades.

Amer­i­cans are not wit­ness­ing a slow drift toward author­i­tar­i­an­ism. They are liv­ing through the vio­lent, coor­di­nat­ed seizure of demo­c­ra­t­ic life by fas­cist forces embold­ened by indif­fer­ence,  cru­el­ty, and the archi­tec­ture of unac­count­able pow­er.

Under such cir­cum­stances, it is cru­cial for peo­ple to pay atten­tion to the polit­i­cal cri­sis that is unfold­ing. This means being atten­tive,  learn­ing from his­to­ry, ana­lyz­ing the mobi­liz­ing pas­sions of fas­cism as a system—one direct­ly relat­ed to the forces of gang­ster cap­i­tal­ism and the force of white suprema­cy and white Chris­t­ian nation­al­ism. Lan­guage mat­ters, and those will­ing to fight against the fas­cist tide must rethink the mean­ing of edu­ca­tion, resis­tance, bear­ing wit­ness, and sol­i­dar­i­ty. And action is imper­a­tive: build alliances, flood the streets, defend crit­i­cal edu­ca­tion, ampli­fy resis­tance, and refuse to be silent.

In the face of this ris­ing tide, resis­tance must no longer be frag­ment­ed, polite, or con­fined to iso­lat­ed cor­ners of dis­sent. As Sher­i­lyn Ifill notes, “it is not  enough to fight. You have to meet the moment.” Cul­tur­al crit­ics, edu­ca­tors, artists, jour­nal­ists, social work­ers, and oth­ers must wield their craft like weapons—telling pro­hib­it­ed sto­ries, defy­ing cen­sor­ship, reignit­ing the rad­i­cal imag­i­na­tion. Edu­ca­tors must refuse com­plic­i­ty, defend­ing class­rooms as sanc­tu­ar­ies of truth and crit­i­cal inquiry, even when the risks are great. Stu­dents must orga­nize, dis­rupt, and reclaim their campuses—not as con­sumers of cre­den­tial­ing, but as insur­gents of lib­er­a­tion.

Aca­d­e­mics, includ­ing fac­ul­ty and admin­is­tra­tors, must form a com­mon front to stop the insid­i­ous assault on high­er edu­ca­tion.  Jour­nal­ists must break the silence, not by chas­ing access or neu­tral­i­ty, but by nam­ing injus­tice with moral clar­i­ty. Orga­niz­ers, activists, and every­day peo­ple must converge—across race, class, gen­der, and nation—into a broad front of demo­c­ra­t­ic refusal. This is a moment not just for out­rage, but for audacity—for reclaim­ing hope as a polit­i­cal act, and courage as a shared eth­ic. Fas­cism feeds on fear and iso­la­tion. As Robin D. G. Kel­ley bril­liant­ly argues, it must be met with sol­i­dar­i­ty, imag­i­na­tion, and relent­less strug­gle, based on a revived class pol­i­tics. In a cul­ture of imme­di­a­cy, cru­el­ty, and stag­ger­ing inequal­i­ty, pow­er must be named for its actions, and the lan­guage of cri­tique and hope must give way to mass col­lec­tive action.  His­to­ry is not watching—it is demand­ing. The only ques­tion is whether anti-fas­cist forces will rise to meet it.

This dark­ness is not with­out prece­dent, nor is it with­out mod­els of resis­tance.  Dur­ing the rise of fas­cism in Europe, teach­ers and intel­lec­tu­als in Nazi-occu­pied France joined the under­ground, dis­trib­ut­ing banned lit­er­a­ture and teach­ing for­bid­den truths in secret class­rooms. In apartheid South Africa, stu­dents in Sowe­to sparked a nation­wide upris­ing, defy­ing bul­lets with the cry that lib­er­a­tion begins with edu­ca­tion. In the Amer­i­can South, Black free­dom fight­ers risked their lives to build free­dom schools, chal­lenge police ter­ror, and reimag­ine democ­ra­cy in the face of white suprema­cy. The Zap­atis­tas in Chi­a­pas cre­at­ed autonomous zones root­ed in dig­ni­ty, jus­tice, and Indige­nous knowl­edge. Pales­tin­ian writ­ers, youth, free­dom fight­ers, and teach­ers con­tin­ue to cre­ate under siege pow­er­ful exam­ples of resis­tance, insist­ing through every poem, every paint­ing, every les­son, that their peo­ple will not be erased, their mem­o­ries will sur­vive, and set­tler-colo­nial­ism will not only be relent­less­ly resist­ed but will be defeat­ed. There is no oth­er choice.

Today, move­ments like Black Lives Mat­ter, Abo­li­tion­ist Futures, Extinc­tion Rebel­lion, Sun­rise Move­ment, March for Our Lives and Indige­nous Rights Move­ments are keep­ing alive the tra­di­tions of col­lec­tive strug­gle. Coura­geous cam­pus coali­tions, in spite of the shame­ful crack­downs by the gov­ern­ment and in some cas­es uni­ver­si­ties them­selves, are resist­ing mil­i­ta­rized polic­ing and cor­po­rate cap­ture of high­er edu­ca­tion. Migrant jus­tice orga­ni­za­tions are build­ing sanc­tu­ary net­works to pro­tect those the state seeks to expel. These are not just moments of protest—they are blue­prints for demo­c­ra­t­ic rebirth. The task now is to con­nect these diverse move­ments in a mass move­ment with the pow­er to wage strikes, engage in direct action, teach-ins, and use any viable non-vio­lent form of resis­tance to over­come the fas­cist night­mare spread­ing across the globe.

The stakes could not be high­er. This is a time to reimag­ine jus­tice, to reclaim the promise of a rad­i­cal democ­ra­cy yet to be real­ized. Fas­cism feeds on despair, cyn­i­cism, and silence—but his­to­ry teach­es oth­er­wise. Again and again, it is when ordi­nary peo­ple refuse to be silent, when they teach, cre­ate, march, strike, and speak with fierce clar­i­ty, that the foun­da­tions of tyran­ny begin to crack. Fas­cism has returned from the shad­ows of his­to­ry to once more dis­man­tle jus­tice, equal­i­ty, and free­dom. But its resur­gence must not be mis­tak­en for fate. It is not the final script of a defeat­ed demo­c­ra­t­ic future—it is a warn­ing. And with that warn­ing comes a call to breathe life into a vision of democ­ra­cy root­ed in sol­i­dar­i­ty and imag­i­na­tion, to turn resis­tance into a ham­mer that shat­ters the machin­ery of cru­el­ty, the poli­cies of dis­pos­abil­i­ty, and the total­i­tar­i­an and oli­garchic oppor­tunists who feed on fear. As we stand before the ter­ri­fy­ing rise of author­i­tar­i­an­ism, it becomes unde­ni­able: the fire we face is not some dis­tant, abstract per­il, but a fierce and imme­di­ate strug­gle — the fire this time is the fas­cist cap­ture of Amer­i­ca. This is the moment to make edu­ca­tion cen­tral to pol­i­tics, to shape his­to­ry with inten­tion, to sum­mon a col­lec­tive courage root­ed in the demands of free­dom, equal­i­ty, and justice—to act togeth­er with a mil­i­tant hope that does not yield. Fas­cism will not prevail—unless we let it. In times like these, resis­tance is not a choice; it is the con­di­tion of sur­vival.

2.“Stop Ask­ing ‘Can It Hap­pen Here?’ ” by Tim Kipp; Com­mon Dreams.

Not since those swel­ter­ing days in Philadel­phia in 1787 at the Con­sti­tu­tion­al Con­ven­tion has the Unit­ed States con­front­ed so fun­da­men­tal a restruc­tur­ing of the fed­er­al gov­ern­ment. What’s hap­pen­ing! Today, the main­stream press declares “it can’t hap­pen here” because we are not an author­i­tar­i­an soci­ety, which is a ref­er­ence to Sin­clair Lewis’ 1935 nov­el, about a dic­ta­to­r­i­al take over of the Unit­ed States. No we are not head­ing into a coup d’etat, they say, nor are we head­ing into an oli­garchy.

A Con­test of Time

With all of its man­i­fest imper­fec­tions and unremit­ting polit­i­cal and eco­nom­ic crises, many self inflict­ed, this gov­ern­ment has sur­vived for near­ly 240 years. Of course, through it all the elites thrived while those not for­tu­nate enough to be white and wealthy were oblig­ed to endure. The influ­en­tial fed­er­al­ist Fish­er Ames, in defense of the Con­sti­tu­tion, likened our new repub­lic to trav­el­ing on a “raft where we nev­er sink but our feet are always in the water.”

Are We Due to Cap­size?

This time in our his­to­ry is dif­fer­ent. Today the forces of wealth and pow­er are wield­ing unprece­dent­ed weapons that threat­en the fun­da­men­tals of the repub­lic. It’s not just poli­cies that are under assault.

Unique con­cen­tra­tions of eco­nom­ic and polit­i­cal author­i­ty, dys­func­tion­al leg­isla­tive and judi­cial branch­es, a col­lapsed polit­i­cal par­ty sys­tem, race and class scape­goat­ing and toad­y­ing by influ­en­tial sec­tors of the mass media com­bine to pro­vide oppor­tu­ni­ties for dem­a­gogues to sell snake oil to an eco­nom­i­cal­ly vul­ner­a­ble and polit­i­cal­ly dis­il­lu­sioned pub­lic. This could be, in the words of the Amer­i­can sage Mel Brooks, a “spring­time for Hitler” moment.

What Lurks With­in?

Just as Trump’s rise to pow­er is a symp­tom of unde­mo­c­ra­t­ic fea­tures of the polit­i­cal econ­o­my, an oli­garchy and coup d’etat can emerge from a regime that inces­sant­ly con­sol­i­dates pow­er by and for the wealthy. It’s not the greed it’s the need. Pow­er con­cen­tra­tion is baked into the scheme. The inter­nal log­ic dic­tates that elite polit­i­cal pow­er con­sol­i­dates and expands in order to pre­serve and ampli­fy eco­nom­ic pow­er.

Cap­i­tal­ism, accord­ing to not­ed econ­o­mist Sam Bowles, is a nev­er-end­ing race that requires aggres­sive unde­mo­c­ra­t­ic strate­gies to per­se­vere. Well, democ­ra­cy gets in the way of all of this; it organ­i­cal­ly inter­feres with the forces of wealth and pow­er. Thus elite self-aggran­dize­ment is com­pul­so­ry for sur­vival. Pre­dictably this cease­less jock­ey­ing for advan­tage in the race comes at the expense of the gen­er­al wel­fare of the peo­ple or as the African proverb has it “when the ele­phants dance the mice gets tram­pled.”

Wiz­ards Behind the Cur­tain

It is wide­ly under­stood that Trump is not known for his intel­lec­tu­al curios­i­ty or acu­ity. Dur­ing his first term he sel­dom read his brief­ing books pre­fer­ring to lean on his con­fi­dantes for any par­tic­u­lars. Pres­i­dents, in part are judged by who the advi­sors are. So who are some of Trump’s “brain trust”?

In the ear­ly 1970’s, Roy Cohn, the legal hench­man for Sen­a­tor Joseph McCarthy, became a trust­ed men­tor to Trump. Cohn bragged that, “My scare val­ue is high. My are­na is con­tro­ver­sy. My tough front is my biggest asset.” He admon­ished Trump to nev­er admit a mis­take. Sound famil­iar? Anoth­er key influ­encer was—and remains—Steve Ban­non, pub­lish­er of Bre­it­bart News, a reac­tionary plat­form for Repub­li­can extrem­ism. Ban­non is cred­it­ed with say­ing the goal is the “destruc­tion of the admin­is­tra­tive state.” Then there’s Stephen Miller, the ever-dys­pep­tic long-time insid­er who stat­ed, “I would be hap­py if not a sin­gle refugee’s foot ever again touched Amer­i­can soil.”

In the words of his­to­ri­an Doris Kearns Good­man, in anoth­er con­text, these peo­ple are not a “team of rivals” like those that Lin­coln assem­bled. Trump’s team of advi­sors and cab­i­net sec­re­taries are the manda­to­ry paragons of syco­phancy.

The Coup’s Afoot

The Trump-Repub­li­can agen­da is in part based on Project 2025, which is a wish list of extrem­ist pro­pos­als of an influ­en­tial ultra con­ser­v­a­tive think tank, the Her­itage Foun­da­tion. As will be shown the ulti­mate goal is to chal­lenge and repeal foun­da­tion­al the­o­ries, struc­tures and meth­ods of how this coun­try oper­ates.

Their meth­ods are straight out of an authoritarian’s play­book. The process con­sists of ser­i­al deceit, edict and exec­u­tive orders all in arro­gant vio­la­tion of con­gres­sion­al and con­sti­tu­tion­al man­dates and meth­ods. This is a “shock and awe” that sab­o­tages the rule of law. Trump’s sec­ond term is a bar­rage of dis­man­tling of depart­ments and agen­cies and the fir­ing of hun­dreds of thou­sands with no regard for due process or social and human con­se­quences. This is a coup d’etat.

Con­sti­tu­tion­al Foun­da­tions Crum­ble

This Trump –Musk and Repub­li­can Par­ty coup is not a palace revolt that mere­ly changes the faces in pow­er. This is not about tin­ker­ing or mod­i­fy­ing pol­i­cy. This is not about uphold­ing long cher­ished prin­ci­ples and val­ues or a return to the “good old days.” This is about sys­temic change, about pow­er and how it is struc­tured and wield­ed and for who’s ben­e­fit.

What fol­lows is an expo­si­tion of the coup’s struc­tur­al attacks on gov­er­nance. The actu­al specifics of the dai­ly pol­i­cy plun­der­ing will not be empha­sized. Rather what will be explored are the why and how of this destruc­tion of the basic archi­tec­ture and oper­a­tion of con­sti­tu­tion­al gov­ern­ment. While his­tor­i­cal­ly this gov­ern­ing design and process has nev­er been per­fect it has always held the virtue of an ide­al, of being a wor­thy demo­c­ra­t­ic goal.

Reneg­ing on the Con­tract

The insur­rec­tion­ists intend to break the “Social Con­tract.” Philoso­pher John Locke’s foun­da­tion­al prin­ci­ple embod­ied in the Dec­la­ra­tion of Inde­pen­dence and the Con­sti­tu­tion of an implic­it agree­ment between the cit­i­zens and their gov­ern­ment where­by the peo­ple abide by the author­i­ty in exchange for a free­dom and the secu­ri­ty of a sta­ble soci­ety. Peo­ple of good will under­stand that with free­dom comes respon­si­bil­i­ty. This coup rep­re­sents a com­pre­hen­sive attack on the very pur­pose and meth­ods of gov­ern­ing. Trump and Repub­li­cans are will­ful­ly under­min­ing citizen’s trust in their gov­ern­ment by demol­ish­ing the Con­tract.

How Pop­u­lar is Sov­er­eign­ty?

Trump, Inc. is sab­o­tag­ing the prin­ci­ple of Pop­u­lar Sov­er­eign­ty where­by government’s pow­er derives from the con­sent of the peo­ple. There is no need for con­sent in an author­i­tar­i­an regime. Do cit­i­zens now want more vot­er sup­pres­sion with few­er peo­ple vot­ing, do they want the wealthy to have more con­trol over cam­paign financ­ing and who gets to run for office? Do cit­i­zens want an elec­toral sys­tem that they can’t trust? Not long ago Trump in his juve­nile and art­less way mused that when he becomes pres­i­dent the coun­try would be so great that there would be no need for fur­ther elec­tions.

Check­ing the Pow­er of Democ­ra­cy

An effec­tive coup will sub­vert basic notions of how pow­er should oper­ate. The con­sti­tu­tion­al prin­ci­ples of the Sep­a­ra­tion of Pow­ers and Checks and Bal­ances are designed to pre­vent one branch from dom­i­nat­ing the oth­ers and to insure the shar­ing of pow­ers and account­abil­i­ty.

Repub­li­cans and Trump are con­scious­ly under­min­ing that bal­ance by pro­mot­ing dubi­ous the­o­ries, such as the “uni­tary exec­u­tive” that bestows unre­strained pow­er to the exec­u­tive. Trump is impound­ing funds that were con­gres­sion­al­ly autho­rized. He is ignor­ing con­gres­sion­al over­sight, there­by mak­ing a mock­ery of com­mit­tee hear­ings and deny­ing the sen­ate it’s Advice and Con­sent author­i­ty. “Being pres­i­dent means I can do any­thing, I have Arti­cle 2,” thus spake Trump, the learned con­sti­tu­tion­al schol­ar dur­ing his first term.

In the ear­ly 1970s main­stream his­to­ri­an, Arthur Schlesinger, Jr. in his book, The Impe­r­i­al Pres­i­den­cy, warned of the esca­la­tion and dan­gers of an omnipo­tent pres­i­dent. One of his sub­jects of course was Richard Nixon who by com­par­i­son to Trump looks like a Mr. Rogers in his neigh­bor­hood oval office.

A Supreme­ly Polit­i­cal Court

Revamp­ing and con­trol­ling the judi­cial sys­tem is vital to the effec­tive­ness of a coup. The U.S. Supreme Court wields extra­or­di­nary pow­ers through a legal­ism con­coct­ed in 1803 that bestowed through “judi­cial review” the irrev­o­ca­ble author­i­ty to deter­mine what laws are con­sti­tu­tion­al. This enables an unelect­ed branch the abil­i­ty to over­turn a deci­sion of elect­ed rep­re­sen­ta­tives.

That pow­er, now in the hands of the Trump-Roberts court, is a form of despo­tism. If insur­gents can shape the ide­o­log­i­cal tenor of the court then pol­i­tics will replace judi­cial fair­ness ren­der­ing the court a con­fed­er­ate in the unrav­el­ing of democ­ra­cy.

Work­ing with the Fed­er­al­ist Soci­ety over recent decades, the right-wing move­ment has spent mil­lions to col­o­nize the Supreme Court with a super major­i­ty of con­ser­v­a­tive and reac­tionary jurists. This hos­tile takeover of our high­est court has turned a once esteemed branch into an ide­o­log­i­cal bunker where the rob­ber barons take on cas­es to fur­ther lim­it the “excess­es” of democ­ra­cy.

The Robert’s Court has, among oth­er things, destroyed vot­ing rights pro­tec­tions, elim­i­nat­ed cam­paign finance reg­u­la­tions, under­mined first amend­ment rights, erod­ed immi­grant and women’s rights and unabashed­ly cham­pi­oned cor­po­rate inter­ests. And per­haps most egre­gious­ly has put the pres­i­dent above the law by anoint­ing him with unprece­dent­ed immu­ni­ty. Sen. Shel­don White­house, the Senate’s most effec­tive judi­cial watch­dog, describes the Robert’s Court as hav­ing “advanced a far right agen­da” that is “deeply out of touch with the will of Amer­i­cans.” This court has vir­tu­al­ly over­turned the rule of law and enabled extrem­ism to reign supreme. . . .

3.“Elon Musk’s Fam­i­ly His­to­ry in South Africa Reveals Ties to Apartheid & Neo-Nazi Move­ments;” Democ­ra­cy Now; 3/27/2025.

Tran­script

This is a rush tran­script. Copy may not be in its final form.

AMY GOODMAN: This is Democ­ra­cy Now!, democracynow.org. I’m Amy Good­man.

We end today’s show with Part 2 of my recent inter­view with the reporter Chris McGre­al, who was the Johan­nes­burg cor­re­spon­dent for The Guardian dur­ing the last years of apartheid through 2002. He’s been close­ly fol­low­ing the South African-born bil­lion­aire Elon Musk, who was born in 1971 in Johan­nes­burg, South Africa, and raised under the country’s racist apartheid laws. Some of McGreal’s pieces include “What does Elon Musk believe?” and “How the roots of the ‘Pay­Pal mafia’ extend to apartheid South Africa.” I began by ask­ing Chris McGre­al to dis­cuss Musk’s grand­fa­ther, Joshua Halde­man.

CHRIS McGRE­AL: We see Musk’s grand­fa­ther, Joshua Halde­man. He immi­grates to South Africa in 1950. And that’s real­ly when apartheid has just start­ed to kick in. The 1950s are when the most — the first laws — South Africa had had dis­crim­i­na­to­ry laws before, but you see the spe­cif­ic apartheid laws, which are much more aggres­sive, and in many ways rem­i­nis­cent of the Nazi Nurem­berg laws against Jews in the 1930s. They have very sim­i­lar echoes in strip­ping Black peo­ple from the right to work in cer­tain places, their move­ments, con­trol­ling them, con­fin­ing them to areas. You already had a sit­u­a­tion which has now, you know, come to the fore because of recent events with Trump, but —

AMY GOODMAN: You mean with Elon Musk giv­ing the Nazi salute?

CHRIS McGRE­AL: Yes, but also with the sanc­tions over land, is that the 1913 Land Act had already deprived most Black peo­ple of land in South Africa any­way. At that point, the 7%, or 10%, as it was, of the pop­u­la­tion that was white owned more than 85% of the land under the Land Act of 1913. So, the apartheid laws kick in in the 1950s.

Musk was born — Elon Musk was born in 1971 in Johan­nes­burg, and at that point the prime min­is­ter was a guy called John Vorster. And John Vorster’s back­ground is very telling, real­ly, because Vorster, in the 1930s, had been a mem­ber of a neo-Nazi mili­tia called the OB, which was open­ly sym­pa­thet­ic and linked to the Nazis in Ger­many. It was respon­si­ble for all kinds of attacks, but includ­ing burn­ing Jews out of their busi­ness­es in Johan­nes­burg.

AMY GOODMAN: And we’re talk­ing about what years?

CHRIS McGRE­AL: In the 1930s, so the late 1930s. And then South Africa goes to war as an ally of Britain against Hitler. The OB and the groups that sup­port them, like Vorster, peo­ple like Vorster, they active­ly oppose that. They actu­al­ly are in touch with — OB is in touch with Ger­man mil­i­tary intel­li­gence, and they plan to assas­si­nate the prime min­is­ter of South Africa, Jan Smuts, and over­throw the gov­ern­ment and have it sup­port Hitler. That plan fails, because the Ger­mans are unable to pro­vide the nec­es­sary weapons and back out.

But in 1942, John Vorster, lat­er prime min­is­ter, stands up and gives a speech, and he talks about the sys­tem that they — their kind of ide­o­log­i­cal belief sys­tem, which was Chris­t­ian nation­al­ism. And he says Chris­t­ian nation­al­ism in South Africa is the same as Nazism in Ger­many and fas­cism in Italy. It’s all anti-demo­c­ra­t­ic. It’s all the same thing. By 1971, when Elon Musk is born, that man is the prime min­is­ter of South Africa. And Chris­t­ian nation­al­ism is the basis of not only the polit­i­cal phi­los­o­phy, but the entire edu­ca­tion sys­tem that Elon Musk is brought up into.

AMY GOODMAN: So, take us from Elon Musk’s grand­fa­ther mov­ing to South Africa in the ’50s to his father, how they gained their wealth.

CHRIS McGRE­AL: So, Musk — Elon Musk’s grand­fa­ther moves there in 1950s. He’s not par­tic­u­lar­ly pros­per­ous. He arrives with­out a lot of mon­ey. But it’s Elon Musk’s father, Errol, who makes the real mon­ey, prin­ci­pal­ly through invest­ments in emer­ald mines in Zam­bia. And, you know, min­ing con­di­tions in south­ern Africa in that peri­od were real­ly pret­ty dire in the 1960s and ’70s, very high death rate, very poor con­di­tions. But the own­ers got very rich.

And Musk lived what can only be described as a neo­colo­nial life. If you were a white South African in that peri­od and you had any mon­ey at all, you lived with ser­vants at your beck and call. You lived in sprawl­ing hous­ing. And what you see with Errol Musk is that when we get a glimpse into just how much mon­ey he had, when he and Elon’s moth­er get divorced, she says at the time that, well, he owns a yacht, he owns a jet, he owns sev­er­al hous­es. So there was con­sid­er­able wealth there.

AMY GOODMAN: Was the grand­fa­ther of Elon Musk on the record in his sup­port for Vorster?

CHRIS McGRE­AL: Well, he was cer­tain­ly on the record in his sup­port for apartheid, very vivid­ly so, yes. And he said that that’s why he had moved to South Africa from Cana­da in 1940, was in sup­port of it. Now, the grand­fa­ther him­self is killed a few years lat­er in a plane crash, but it’s not known what Elon Musk’s grandmother’s per­son­al views of Vorster par­tic­u­lar­ly were, but they were both avid sup­port­ers of the apartheid sys­tem, and the grand­moth­er lived for a num­ber of years after­wards.

AMY GOODMAN: So, you’ve been talk­ing about Elon Musk’s mater­nal grand­par­ents and how they moved to South Africa, but talk about their roots in Cana­da.

CHRIS McGRE­AL: Orig­i­nal­ly, the grand­par­ents have no con­nec­tion to South Africa. They’re born and grew up in Cana­da. And in the 1930s, the grand­fa­ther, Joshua Halde­man, he’s head of the Cana­di­an branch of a U.S. move­ment called Tech­noc­ra­cy Incor­po­rat­ed. And Tech­noc­ra­cy Incor­po­rat­ed is essen­tial­ly a move­ment to over­throw demo­c­ra­t­ic gov­ern­ments in the Unit­ed States and have tech­nocrats, but big busi­ness­men, in many ways, come in and run the coun­try. That’s part­ly a reac­tion to FDR’s elec­tion and New Deal and mas­sive reforms that he’s intro­duced in the Unit­ed States.

AMY GOODMAN: So, from Cana­da, they would help to launch a coup against FDR?

CHRIS McGRE­AL: No. Cana­da had its own branch of this move­ment to over­throw the gov­ern­ment in Cana­da. He, Halde­man, heads that branch. And through the 1930s, it takes on increas­ing­ly fas­cist over­tones. They start wear­ing gray uni­forms mod­eled on the Nazi brown and black shirts. And so, when Cana­da declares war on Ger­many in 1939 along­side Britain, the move­ment is banned, because it’s clear­ly sym­pa­thet­ic to Hitler. Then Halde­man is arrest­ed.

AMY GOODMAN: Elon Musk’s grand­fa­ther.

CHRIS McGRE­AL: Elon Musk’s grand­fa­ther is arrest­ed. They find doc­u­ments sym­pa­thet­ic to the Nazis and oth­er sub­ver­sive doc­u­ments inside his house. And he is sent to prison for a few months, then remains on essen­tial­ly a sub­ver­sion watch list for the rest of the war here. So, he’s basi­cal­ly regard­ed as a Nazi sym­pa­thiz­er, a fel­low trav­el­er.

AMY GOODMAN: And about a decade lat­er, he moves to South Africa. Why?

CHRIS McGRE­AL: So, after the war, he founds anoth­er polit­i­cal move­ment, which has deep anti­se­mit­ic roots and actu­al­ly pro­motes the forgery, The Pro­to­cols of the —

AMY GOODMAN: Elders of Zion?

CHRIS McGRE­AL: Elders of Zion, that’s it. But, obvi­ous­ly, after the war and the Holo­caust, there’s no real appetite for that in Cana­da. It’s a fail­ing polit­i­cal move­ment. And so, his eye casts down to South Africa. By 1950, the apartheid gov­ern­ment has been in pow­er for two years. And Halde­man looks at it and thinks, “That’s just my kind of place,” which clear­ly that was what he would want to cre­ate in Cana­da and had been try­ing to cre­ate in the 1930s. And so, that’s the point at which he and his wife Maye, they move to South Africa and become very fer­vent sup­port­ers of apartheid.

AMY GOODMAN: I want­ed to blend in some break­ing news, in addi­tion to cut­ting off all aid to South Africa, news of the region. And that is, Sam Nujo­ma, the free­dom fight­er turned pres­i­dent, who led Namib­ia to inde­pen­dence from apartheid South Africa in 1990, has died at the age of 95, often referred to as Namibia’s found­ing father, known for his mot­to, “A unit­ed peo­ple, striv­ing to achieve a com­mon good for all mem­bers of the soci­ety, will always emerge vic­to­ri­ous.” What used to be called South West Africa became the inde­pen­dent Namib­ia. Talk about Sam Nujo­ma and how that fits into this pic­ture of South Africa through apartheid.

CHRIS McGRE­AL: So, Sam Nujo­ma was the head of the South West Africa People’s Orga­ni­za­tion, which was the lib­er­a­tion move­ment of Namib­ia.

AMY GOODMAN: SWAPO.

CHRIS McGRE­AL: SWAPO, indeed. Real­ly, SWAPO takes off and has — is able to have effect after Ango­la becomes inde­pen­dent with the fall of the Por­tuguese dic­ta­tor­ship. The Por­tuguese col­o­niz­ers leave Ango­la, and Ango­la pro­vides a base then for SWAPO to real­ly fight to lib­er­ate South West Africa. That becomes known as the Bor­der War, euphemisti­cal­ly. The South Africans call it the Bor­der War. They actu­al­ly invade Ango­la in an attempt to over­throw the Marx­ist-lean­ing gov­ern­ment of Ango­la, but also to keep SWAPO at bay. But the war goes on, and even­tu­al­ly South Africa los­es that war.

At that peri­od, though, one of the things you see is that Peter Thiel, anoth­er mem­ber of the “Pay­Pal mafia,” very close friend of Musk, he had been at school in Johan­nes­burg, but his father gets a job on a ura­ni­um mine near Swakop­mund in what is then South West Africa. And so, Peter Thiel moves there as a child and goes to school there.

And the thing to know about South West Africa, the rea­son it was sep­a­rate from South Africa is that it had been a Ger­man colony until the end of the First World War. Then it becomes — falls under South Africa’s man­date, part­ly because at that point South Africa was a British colony. When South Africa becomes a repub­lic in the ’60s, it hangs onto South West Africa, and it becomes a South African colony. But the pop­u­la­tion, big part of the pop­u­la­tion was of Ger­man ances­try. And you could — I remem­ber going to Wind­hoek in the ear­ly ’90s, and the main thor­ough­fare through Wind­hoek was called Her­mann Goer­ing Strasse, named not after the Luft­waffe chief, but after his father, who had been a gov­er­nor of Ger­man South West Africa. In Swakop­mund, it was even more extreme. It was noto­ri­ous for many, many years, real­ly into the ’80s and ’90s, as a hotbed of open sup­port, con­tin­ued sup­port for the Nazis and for Hitler. The New York Times has a sto­ry from the mid-’70s of a reporter pulling up at a gas sta­tion to get his car filled with gas, and the atten­dant open­ly giv­ing a Nazi salute and say­ing “Heil Hitler” to him. You could go to curio shops in Swakop­mund, and they would sell Nazi-themed mugs and flags and things, and they open­ly cel­e­brat­ed Hitler’s birth­day every May. Thiel went to a Ger­man school there. So, that’s the atmos­phere he grows up in.

His father is an offi­cial on a ura­ni­um mine there. And the inter­est­ing thing about the ura­ni­um mine, amongst many oth­er things, is that it sup­plied part of the ura­ni­um to devel­op the South African atom­ic bombs in the 1970s, which were devel­oped in league with Israel. Now, part of the deal with Israel was that — is that South Africa would deliv­er yel­low cake ura­ni­um to Israel. We don’t know where the yel­low cake came from. It may have come from that Swakop­mund-area mine, or it may have come from some­where else in South Africa. But South Africa was ship­ping yel­low cake to Israel at the same time, because it, too, was devel­op­ing nuclear weapons.

AMY GOODMAN: And talk about what Peter Thiel has said about all this — you know, I remem­ber, as we cov­er con­ven­tions for decades now, Peter Thiel stand­ing up at the first Repub­li­can con­ven­tion that nom­i­nat­ed Pres­i­dent Trump and sup­port­ing him — and who he is.

CHRIS McGRE­AL: So, Peter Thiel has said of his time in Swakop­mund, and par­tic­u­lar­ly the school, which he describes as par­tic­u­lar­ly a bru­tal edu­ca­tion, that it turned him against gov­ern­ment and into a lib­er­tar­i­an. And I think that’s an inter­est­ing ele­ment in all of this, is that one of the things that isn’t nec­es­sar­i­ly appre­ci­at­ed out­side of South Africa is that there’s two kinds of whites there. There’s the Afrikan­ers, who we’ve been talk­ing about, but there’s a big Eng­lish-speak­ing white pop­u­la­tion. And one of the aspects of the Eng­lish-speak­ing pop­u­la­tion was they, on paper, said they opposed apartheid, but they gained all of its ben­e­fits. And most of them, cer­tain­ly not all — there were some real­ly hero­ic indi­vid­u­als — but most of them did very lit­tle to actu­al­ly end apartheid.

But one of the prod­ucts of that is you have peo­ple like Musk and Thiel, who have done very well and whose par­ents did very well out of the apartheid sys­tem, who deny respon­si­bil­i­ty for it. They blame it on the Afrikan­ers. They blame it on a gov­ern­ment, extreme gov­ern­ment, extreme right-wing gov­ern­ment. But then they have to explain how it is that their own par­ents were so able to do so well out of apartheid, and then they put that down to indi­vid­ual tal­ent, that they’re nat­u­ral­ly gift­ed, and that leads them down this whole lib­er­tar­i­an path, anti-gov­ern­ment path, because, essen­tial­ly, they have to explain how they, too, were ben­e­fits of apartheid, with­out tak­ing respon­si­bil­i­ty.

AMY GOODMAN: And talk about their rela­tion­ship, Peter Thiel and Elon Musk.

CHRIS McGRE­AL: Well, they’re co-founders of Pay­Pal togeth­er. They both, essen­tial­ly, share the same kind of world­view, from what I can make out. They’re, you know, lib­er­tar­i­ans. They’re very opposed to any kind of DEI. You’ve seen a deep, deep hos­til­i­ty to DEI. I think Thiel buys into the same mes­sage about anti-white, the war on white peo­ple in South Africa, that South African white groups like AfriFo­rum have been push­ing in the Unit­ed States. So I think, you know, philo­soph­i­cal­ly, they’re very sim­i­lar, and obvi­ous­ly they have a very close rela­tion­ship.

AMY GOODMAN: And then talk about David Sacks, and talk more specif­i­cal­ly about what you’re refer­ring to as the “Pay­Pal mafia.” I don’t think most peo­ple in this coun­try under­stand all of these con­nec­tions and this unusu­al sit­u­a­tion where these, what, some of the wealth­i­est men in the world work togeth­er, found­ed Pay­Pal and now sur­round the pres­i­dent of the Unit­ed States.

CHRIS McGRE­AL: Yes. So, David Sacks was born in Cape Town in the ’70s. And he moves — his par­ents take him to Ten­nessee when he’s 5 years old. So he didn’t grow up in the same milieu as Musk and Thiel, but he did grow up in the white South African dias­po­ra, for sure. He clear­ly shares the same views. You know, as you say, they’re part of the Pay­Pal mafia. They all get rich from the cre­ation of this com­pa­ny. They’re all at the top run­ning it. And now Sacks has emerged as Trump’s AI and cryp­to czar, again, part of the same project. So, you can see this —

AMY GOODMAN: And he was a chief fundrais­er for Pres­i­dent Trump —

CHRIS McGRE­AL: A big one.

AMY GOODMAN: — as you said, born in Cape Town.

CHRIS McGRE­AL: Yes, a big. So, they’ve all emerged with, essen­tial­ly, from what I can make out, the same phi­los­o­phy. And, of course, that’s only been rein­forced by their suc­cess. They’re con­vinced, obvi­ous­ly, of their own genius and worth, and that gov­ern­ment, whether it’s South African gov­ern­ment or, in this case, it seems to be, the U.S. gov­ern­ment, is an obsta­cle to suc­cess.

AMY GOODMAN: And though we talked about it in Part 1, final­ly, Roelof Botha, mak­ing this lit­tle quar­tet, white men of a cer­tain age togeth­er, and his his­to­ry, also a part of the Pay­Pal mafia?

CHRIS McGRE­AL: Yes, he’s part of it, and he’s been — he has not emerged as an open sup­port­er of Trump. I’m not entire­ly sure what his per­son­al views are on this. But he does have a very inter­est­ing back­ground.

His grand­fa­ther was Pik Botha, who was the last for­eign min­is­ter of apartheid South Africa. And Pik Botha’s job, essen­tial­ly, was to go around the world, par­tic­u­lar­ly the West, and assure them that apartheid was being amend­ed, was being dis­man­tled, when in fact it was in many ways — although what was known as pet­ty apartheid, which was the rou­tine dis­crim­i­na­tions, the seg­re­ga­tion, was being dis­man­tled, in fact, the polit­i­cal sys­tem was actu­al­ly only rein­forc­ing it, solid­i­fy­ing it. The gov­ern­ment of the time cooked up a sys­tem of three par­lia­ments that would rep­re­sent dif­fer­ent parts of the pop­u­la­tion, but — and give peo­ple who weren’t — some peo­ple who weren’t white a vote, but none of those peo­ple were Black. There was no Black par­lia­ment, part­ly because they were being pushed into the inde­pen­dent home­lands. The idea was that they were no longer South African any­way.

So, Pik Botha went around try­ing to apol­o­gize and excuse for this sys­tem. And he was suc­cess­ful with, you know, con­ser­v­a­tives. He saw a lot of Rea­gan and peo­ple. They loved him here, and the same with Thatch­er in Britain. They saw them as the accept­able face of apartheid. And he was so delud­ed by the end. He was con­vinced. I remem­ber meet­ing him dur­ing the era of the tran­si­tion to democ­ra­cy from apartheid. He was so con­vinced that he was indis­pens­able to the sys­tem that Man­dela would have to appoint him for­eign min­is­ter, which he duly did not.

AMY GOODMAN: Would you say the back­ground of all these men’s fam­i­lies was flee­ing Mandela’s South Africa?

CHRIS McGRE­AL: Well, they didn’t — some of them left before. I mean, it’s worth not­ing that Elon Musk left in 1988 at the age of 18, just as he would have become eli­gi­ble to be draft­ed into the South African army, as all white males were at that point, which might have led him to fight the Bor­der War that I was talk­ing about in Ango­la against SWAPO, or it might have led him into the town­ships, which at that point were in com­plete fer­ment. And, you know, you had a huge amount of civ­il unrest in South Africa at that point. The coun­try had large­ly become ungovern­able. It was under a state of emer­gency, and the white troops were try­ing to keep some form of order in the Black town­ships, like Sowe­to. He left before he had to do any of that.

AMY GOODMAN: So, very inter­est­ing­ly, for peo­ple who aren’t aware, Elon Musk had a com­pa­ny called X.com. It was an online bank. It merged with Con­fin­i­ty in 2000 to form Pay­Pal. The merged com­pa­ny was renamed Pay­Pal in 2001. And you have all of these guys who you’ve just laid out — well, I think Botha is a part­ner at Sequoia Cap­i­tal — but now key play­ers. And that brings us to Trump’s order on Fri­day to cut off all aid to South Africa and offer refugee sta­tus in the Unit­ed States to the white South Africans who are, quote, “vic­tims of unjust racial dis­crim­i­na­tion.” But, inter­est­ing­ly, many in the right-wing white lob­by say they want to stay and focus on end­ing Black major­i­ty rule. This is Flip Buys, the chair­per­son of what’s called the Sol­i­dar­i­ty union.

FLIP BUYS: We might dis­agree with the ANC, but we love the coun­try. As in any com­mu­ni­ty, there are indi­vid­u­als who wish to immi­grate, but the repa­tri­a­tion of Afrikan­ers as refugees is not a solu­tion for us. We want to build a future in South Africa.

AMY GOODMAN: So, he is speak­ing in front of a sign that says “AfriFo­rum.” Put this in con­text. And what about Afrikan­ers say­ing, “No, this is our land. We don’t want to come to the Unit­ed States”?

CHRIS McGRE­AL: Well, AfriFo­rum is backpedal­ing furi­ous­ly now, because there’s been a huge back­lash in South Africa from peo­ple who blame it for this sit­u­a­tion. In fact, some peo­ple have accused it of trea­son. But if you look at what AfriFo­rum was say­ing just a decade ago, and cer­tain­ly in 2018, when peo­ple like Kallie Kriel, who was head of the AfriFo­rum, and oth­ers were com­ing to the Unit­ed States, they were claim­ing there was a white geno­cide. They were claim­ing there was a war on white peo­ple in South Africa. And they were essen­tial­ly try­ing to char­ac­ter­ize the post-apartheid era of one of oppres­sion of Afrikan­ers, that they were the true vic­tims of it.

And this is — they’re not alone in this. There had been a phe­nom­e­non, ever since the end of apartheid, of Afrikan­ers paint­ing them­selves as vic­tim. There was a song emerged in the 1990s called “De la Rey,” and it’s very pop­u­lar with Afrikan­ers. It’s sung in bars and rug­by match­es. And de la Rey was a famous gen­er­al who fought to the bit­ter end against the British in the Boer War, the Sec­ond Boer War in the ear­ly 20th cen­tu­ry, which the Afrikan­ers then lost. And this song essen­tial­ly is an attempt to take Afrikan­ers back to a time when they were the vic­tims, when it was their women and chil­dren dying in the British con­cen­tra­tion camp, when they were the peo­ple who were oppressed. And it con­jures up this Boer gen­er­al, who — he may be los­ing the war, but he’s going to fight to the last, a bit­ter ender.

And this is how they’ve been char­ac­ter­iz­ing them­selves, some of them. And AfriFo­rum is part of that kind of attempt to rewrite his­to­ry and make out that they’re this minor­i­ty that has long been per­se­cut­ed, not just by the post-apartheid era, but by the British, and they have a long his­to­ry, and apartheid was just a means of sur­vival — all they were try­ing to do was to keep them­selves and their cul­ture alive.

It has had one oth­er effect, which they hadn’t expect­ed and has alarmed them, is that in all the orders that have been giv­en out can­cel­ing aid and agree­ments, one of them affects agri­cul­tur­al prod­ucts being import­ed to the Unit­ed States, which have gen­er­al­ly been duty-free as a means of help­ing Africa. One result is that their own prod­ucts are no longer being import­ed duty-free into the Unit­ed States. So, these white South African farm­ers, who have been com­plain­ing of oppres­sion, will now actu­al­ly be being hit with tar­iffs or reg­u­lar duties, and so it’s going to cost them finan­cial­ly, which is one of the rea­sons they’re so upset by it and pre­tend­ing that it was noth­ing to do with them.

AMY GOODMAN: Guardian reporter Chris McGre­al. He was the Johan­nes­burg cor­re­spon­dent for The Guardian dur­ing the last years of apartheid through 2002.

We did this inter­view in ear­ly Feb­ru­ary. Over the past two months, Trump has sus­pend­ed aid to South Africa, expelled the South African ambas­sador and offered refugee sta­tus to white South Africans, claim­ing South Africa’s dis­crim­i­nat­ing against the white minor­i­ty. Trump has also just nom­i­nat­ed Leo Brent Bozell to be U.S. ambas­sador in South Africa. Bozell’s son was sen­tenced to near­ly four years in prison for his role in the Jan­u­ary 6th insur­rec­tion, before he was par­doned by Pres­i­dent Trump. One note on Elon Musk’s fam­i­ly: Maye Musk is Elon’s moth­er, not his grand­moth­er.

Discussion

One comment for “FTR#1377 Team Trump Takes the Field, Part 3”

  1. Well that did­n’t take long. Less than three months into the sec­ond Trump admin­is­tra­tion and we’re already in unchart­ed waters. An admin­is­tra­tion in open defi­ance of the courts on mul­ti­ple fronts. The big show­down between the osten­si­bly co-equal branch­es of the US gov­ern­ment is under­way. No, not a show­down between the exec­u­tive branch and the leg­isla­tive branch. The Repub­li­can con­trolled con­gress has already enthu­si­as­ti­cal­ly giv­en up its author­i­ty on a range of issues includ­ing tar­iffs. No, this is the big show­down between the exec­u­tive and judi­cial branch­es. The kind of show­down that many of Trump’s clos­est allies have
    long advo­cat­ed, includ­ing his vice pres­i­dent, with the goal of estab­lish­ing the Uni­tary Exec­u­tive, an exec­u­tive branch that is de fac­to the supreme branch of the US gov­ern­ment.

    And as we’re going to see, it’s a show­down that the Trump admin­is­tra­tion has already effec­tive­ly won, at least in the sense that the admin­is­tra­tion is now in open defi­ance of mul­ti­ple court orders and appears intent on remain­ing that way. Includ­ing a direct Supreme Court order. Yes, the Trump admin­is­tra­tion is already open­ly defy­ing the Supreme Court. But not just the Supreme Court.

    But as we’re also going to see, it’s not just that the Trump admin­is­tra­tion oper­at­ing a strat­e­gy of open defi­ance in an appar­ent push to assert the exec­u­tive branch’s suprema­cy. The par­tic­u­lar cas­es where the Trump admin­is­tra­tion is defy­ing the courts are all cen­tered around Trump’s mass depor­ta­tion poli­cies, a pol­i­cy area where the Trump admin­is­tra­tion has been pon­der­ing some extreme­ly con­sti­tu­tion­al­ly ques­tion­able poli­cies. Poli­cies that, as experts warn, could eas­i­ly be turned against vir­tu­al­ly any­one, includ­ing cit­i­zens, once unleashed. Poli­cies that are nor­mal­ly intend­ed for use exclu­sive­ly dur­ing times of war or insur­rec­tion, like the Alien Ene­mies act or the Insur­rec­tion Act, both of which have already been invoked by the Trump admin­is­tra­tion as part of an appar­ent ‘war’ on immi­gra­tion.

    Yes, the Insur­rec­tion Act — which would allow for the deploy­ment of mil­i­tary forces for domes­tic law enforce­ment — has already been invoked by Pres­i­dent Trump, on Jan­u­ary 20, his first day in office for this sec­ond term, under the pre­tense of com­bat­ing the ‘inva­sion’ of undoc­u­ment­ed immi­grants at the US South­ern Bor­der. And while the invo­ca­tion of the Insur­rec­tion Act has­n’t yet result­ed in the deploy­ment of the mil­i­tary, that could change very soon fol­low­ing a report to be deliv­ered to Trump on April 20 on the sta­tus of the sit­u­a­tion at the US south­ern bor­der. The report is to be authored by Sec­re­tary of Defense Pete Hegseth and Home­land Secu­ri­ty Sec­re­tary Kristi Noem, two indi­vid­u­als who are cer­tain to pro­vide Trump with exact­ly the kind of ‘update’ he desires. In oth­er words, the domes­tic deploy­ment of the US mil­i­tary could be com­ing. Soon. And, again, as experts warn, there’s going to be noth­ing stop­ping Pres­i­dent Trump was redi­rect­ing those mil­i­tary forces towards any­one else he deems to be a ‘threat’, includ­ing those who choose to protest these poli­cies.

    And then there’s Trump’s March 15 invo­ca­tion of the Alien Ene­mies act, tar­get­ing mem­bers of Tren de Aragua, a Venezue­lan prison gang that Trump asserts is ‘invad­ing’ the US. It was that invo­ca­tion that served as the pre­text for a num­ber of depor­ta­tions that have already result­ed in court cas­es. And court rul­ings. And now in open defi­ance of those court rul­ings. As a result, Judge James Boas­berg of the US Dis­trict Court in the DC just ruled that there is “prob­a­ble cause” to find the admin­is­tra­tion in crim­i­nal con­tempt of court for vio­lat­ing his order to imme­di­ate­ly pause any depor­ta­tions under the Alien Ene­mies Act.

    Now, as we’re going to see, the Supreme Court end­ed up throw­ing a curve ball at Judge Boas­berg with a sub­se­quent­ly rul­ing that con­clud­ed that the deport­ed Venezuleans did not have the prop­er legal stand­ing to bring their case before Judge Boas­berg’s DC courts and instead would have to be brought to in courts from where they were deport­ed (e.g. Texas). But despite that Supreme Court inter­ven­tion, Judge Boas­berg has con­clud­ed that the Trump admin­is­tra­tion still act­ed in open defi­ance of his explic­it order before that Supreme Court rul­ing. That’s where things stand in just one of the cas­es of open defi­ance of the courts.

    And then there’s the Supreme Court’s oth­er rul­ing. A unan­i­mous rul­ing order­ing the Trump admin­is­tra­tion to “facil­i­tate” the return of Kil­mar Arman­do Abrego Gar­cia, some­one who was deport­ed to El Sal­vador despite legal rul­ings bar­ring his depor­ta­tion to that coun­try. As is now clear, the Trump admin­is­tra­tion is just going to ignore that Supreme Court rul­ing too. This is where we are.

    But these acts of open defi­ance are just part of the author­i­tar­i­an witch­es brew cur­rent­ly sim­mer­ing in the exec­u­tive branch. Because as we’ve seen, the Trump admin­is­tra­tion has been giv­en a lot of ideas about addi­tion­al pow­ers and schemes it can deploy. For exam­ple, recall how back in Feb­ru­ary we got reports of a pro­pos­al being float­ing by Erik Prince for the cre­ation of a pri­vate army that would be dep­u­tized with immi­gra­tion enforce­ment pow­ers. Includ­ing pow­ers to round up immi­grants and send them to pri­vate­ly run “pro­cess­ing camps” where detainees would be run through an expe­dit­ed legal process of deter­min­ing whether or not they are eli­gi­ble for depor­ta­tion. As Prince argued, the only way Trump could pos­si­bly deport 12 mil­lion immi­grants with­in the first two years of his term would be for a mas­sive pri­vate expan­sion of immi­gra­tion enforce­ment author­i­ty. Steve Ban­non has already endorsed the plan. It came with a pro­posed price tag of around $25 bil­lion.

    Well, Erik Prince is back with the a new pri­va­tized immi­gra­tion enforce­ment pro­pos­al. A pro­pos­al specif­i­cal­ly designed to deal with the legal hur­dles asso­ci­at­ed with the depor­ta­tion of immi­grants to El Sal­vado­ran ‘super-jails’: turn parts of the jails in ‘US ter­ri­to­ry’, so they won’t be con­sid­ered to be deport­ed off of Amer­i­can soil. In addi­tion, Prince rec­om­mend­ed the invo­ca­tion of the Alien Ene­mies act to help get around oth­er legal obsta­cles. Now, as we can see, just because Trump invoked the Alien Ene­mies act does­n’t mean he can act out­side the bounds of judi­cial review. And yet, as we are now learn­ing with this open defi­ance of the courts, Trump real­ly can oper­ate out­side the bounds of judi­cial review. What are the courts going to do? In oth­er words, the invo­ca­tion of the Alien Ene­mies act was­n’t actu­al­ly need after all to get around these legal hur­dles. Ignor­ing the courts was appar­ent­ly an option the whole time.

    So would the US be admin­is­ter­ing the El Sal­vado­ran jails declared ‘US soil’? Nope. The ‘US soil’ would be leased back to El Sal­vador which would run the prison. But what about con­cerns about the treat­ment of these pris­on­ers at the hands of El Sal­vado­ran poli­cies? Well, there’s a plan for that too: the pro­pos­al urges the Home­land Secu­ri­ty sec­re­tary Noem to “sus­pend the ICE deten­tion stan­dards” to avoid ques­tions about deten­tion stan­dards estab­lished by Immi­gra­tion and Cus­toms Enforce­ment and the Bureau of Pris­ons. Prob­lem solved.

    Over­all, the pro­pos­al is far small­er than the $25 bil­lion scheme to deport 12 mil­lion immi­grants in two years. The plan is for Prince’s new firm, 2USV, to facil­i­tate the han­dling and logis­tics of gath­er­ing “100,000 of the worst crim­i­nal offend­ers” from US pris­ons, hold­ing them at a 10,000-person deten­tion camp and fly­ing them to El Sal­vador. The plan also includ­ed giv­ing 2USV access to the gov­ern­men­t’s immi­gra­tion files from law enforce­ment agen­cies to deter­mine detainees’ immi­gra­tion sta­tus.

    It’s unclear how much Prince’s scheme would cost since there was no bud­get in the pro­pos­al viewed by jour­nal­ists. But it sounds like nego­ti­a­tions have already begun with both the Trump admin­is­tra­tion and the gov­ern­ment of El Sal­vador. This is a plan with momen­tum.

    And, again, as experts keep warn­ing, once such a scheme is deployed against immi­grants there’s going to be very lit­tle stop­ping the Trump admin­is­tra­tion was expand­ing these oper­a­tions to cit­i­zens and his polit­i­cal ene­mies. Espe­cial­ly if these El Sal­vado­ran jails are con­sid­ered ‘US soil’, allow­ing the admin­is­tra­tion to argue that no ‘extra­or­di­nary ren­di­tions’ have tak­en place. We real­ly are in unchart­ed waters. Or at least unchart­ed from the per­spec­tive of a gov­ern­ment oper­at­ing from a sys­tem of checks and bal­ances. The fas­cists in the Trump admin­is­tra­tion are pre­sum­ably very com­fort­able oper­at­ing in these post-con­sti­tu­tion­al waters:

    Busi­ness Insid­er

    Don­ald Trump is shrug­ging off the Supreme Court. These are unchart­ed waters.

    By Peter Kaf­ka Chief Cor­re­spon­dent cov­er­ing media and tech­nol­o­gy

    Apr 15, 2025, 6:23 PM CT

    * The Supreme Court told Don­ald Trump to bring back a man his admin­is­tra­tion deport­ed to El Sal­vador.
    * It does­n’t look like Trump is going to com­ply — or even try to com­ply.
    * Checks and bal­ances are built into the US sys­tem of gov­ern­ment. What hap­pens if that breaks down?

    The Supreme Court has told Don­ald Trump to do some­thing. It looks like he’s not going to do it.

    What hap­pens next?

    And by next, I mean two things:

    Most imme­di­ate­ly: What’s going to hap­pen to Kil­mar Arman­do Abrego Gar­cia, the Sal­vado­ran nation­al the US says it mis­tak­en­ly deport­ed to a noto­ri­ous prison in El Sal­vador?

    But real­ly, what’s going to hap­pen to the Unit­ed States?

    Because we have entered unchart­ed waters: The pres­i­dent, who is sup­posed to gov­ern along­side Con­gress and the court sys­tem, now appears to be act­ing with next to no con­straints.

    I don’t want to get into the weeds about the Abrego Gar­cia case, and the US gov­ern­men­t’s con­flict­ing expla­na­tions about why it sent him to El Sal­vador and why it says it can no longer get him back. I also don’t want to debate the mer­its of Trump’s mass depor­ta­tion cam­paign (I think it’s awful; many Amer­i­cans feel oth­er­wise).

    But I do want to under­line the big pic­ture: We’re sup­posed to live in a coun­try with a sys­tem of checks and bal­ances. And right now things seem very unbal­anced. Don­ald Trump is doing most­ly what he wants to do.

    Some of what Trump is doing is a super­charged exten­sion of what pres­i­dents have been doing for decades — expand­ing pow­ers orig­i­nal­ly meant to be at least par­tial­ly the domain of Con­gress, and rely­ing on exec­u­tive orders instead of try­ing to get con­gres­sion­al sign-off. (Punch­bowl News, on Tues­day: “Trump has signed few­er bills into law at this point in his pres­i­den­cy than any new pres­i­dent tak­ing office for the last sev­en decades, accord­ing to gov­ern­ment records.”)

    Ignor­ing court orders is a com­plete­ly dif­fer­ent ball­game, and a very rare one, as many legal schol­ars note with increas­ing alarm. That’s why peo­ple who say Trump should do that, like Vice Pres­i­dent JD Vance, have to go back to an 1832 case to find a prece­dent.

    It may also explain why Trump him­self says, repeat­ed­ly, that he wants to obey court rul­ings — par­tic­u­lar­ly from the Supreme Court, as he said last week.

    But on Mon­day, Trump made it clear that he intends to ignore the unan­i­mous Supreme Court rul­ing telling his admin­is­tra­tion to “facil­i­tate” the return of Abrego Gar­cia to the US.

    ...

    ————

    “Don­ald Trump is shrug­ging off the Supreme Court. These are unchart­ed waters.” By Peter Kaf­ka Chief; Busi­ness Insid­er; 04/15/205

    “Ignor­ing court orders is a com­plete­ly dif­fer­ent ball­game, and a very rare one, as many legal schol­ars note with increas­ing alarm. That’s why peo­ple who say Trump should do that, like Vice Pres­i­dent JD Vance, have to go back to an 1832 case to find a prece­dent.

    The US has been deal­ing with grow­ing exec­u­tive branch pow­er grabs for decades. But open­ly defy­ing Supreme Court orders real­ly is unchart­ed ter­ri­to­ry. The kind of unchart­ed ter­ri­to­ry that adds a chill­ing con­text to the con­tempt pro­ceed­ings just launched against Trump admin­is­tra­tion by Chief U.S. Dis­trict Judge James E. Boas­berg. This is a much broad­er mode of con­tempt:

    The Wash­ing­ton Post

    Judge Boas­berg to launch con­tempt pro­ceed­ings into Trump admin­is­tra­tion

    “The Con­sti­tu­tion does not tol­er­ate will­ful dis­obe­di­ence of judi­cial orders,” a fed­er­al judge writes in the case of Venezue­lan migrants removed from the U.S.

    Updat­ed
    April 16, 2025 at 7:12 p.m. EDT

    By Mar­i­anne LeVine, Spencer S. Hsu, Sal­vador Riz­zo and Jere­my Roe­buck

    Chief U.S. Dis­trict Judge James E. Boas­berg of Wash­ing­ton, D.C., on Wednes­day said that he would launch pro­ceed­ings to deter­mine whether any Trump admin­is­tra­tion offi­cials defied his order not to remove Venezue­lan migrants from the coun­try based on the wartime Alien Ene­mies Act and should face crim­i­nal con­tempt charges.

    “The Con­sti­tu­tion does not tol­er­ate will­ful dis­obe­di­ence of judi­cial orders — espe­cial­ly by offi­cials of a coor­di­nate branch who have sworn an oath to uphold it,” the judge said in a writ­ten rul­ing. Allow­ing polit­i­cal lead­ers to defy court judg­ments would make “a solemn mock­ery” of “the con­sti­tu­tion itself,” he said.

    Boasberg’s order is the lat­est devel­op­ment in a broad­er show­down between the Trump admin­is­tra­tion and the fed­er­al judi­cia­ry, which has blocked or slowed many of the White House’s far-reach­ing actions. The Supreme Court ruled this month that the plain­tiffs in the Venezue­lan migrants’ case filed their law­suit in the wrong venue, tak­ing the cen­tral legal issues of the case away from Boas­berg.

    Still, Boas­berg said that rul­ing did not excuse Trump admin­is­tra­tion offi­cials from fol­low­ing his orders while they were still in place. He char­ac­ter­ized the administration’s deci­sion to pro­ceed with removal flights on March 15 and 16 despite his order not to as “a will­ful dis­re­gard … suf­fi­cient for the Court to con­clude that prob­a­ble cause exists to find the Gov­ern­ment in crim­i­nal con­tempt.”

    Crim­i­nal or civ­il con­tempt pro­ceed­ings against the fed­er­al gov­ern­ment for dis­obey­ing a court order are com­plex and rare, and sig­nif­i­cant penal­ties even rar­er. Any offi­cials con­vict­ed of crim­i­nal con­tempt could be fined or jailed up to six months under a statute and fed­er­al court rule cit­ed Wednes­day by Boas­berg.

    Boas­berg has pressed the Jus­tice Depart­ment for weeks on why the admin­is­tra­tion deposit­ed more than 130 Venezue­lan depor­tees in a Sal­vado­ran megaprison with­out due process, hours after he ordered the admin­is­tra­tion not to do so and said any planes that had already tak­en off should be turned around and returned to the Unit­ed States. His Wednes­day deci­sion has few mod­ern par­al­lels and embarks the court on a mul­ti­stage and poten­tial­ly weeks-long process. First up will be fact-find­ing to deter­mine who in the admin­is­tra­tion knew about his order at the time, and who, if any­one, gave instruc­tions for the planes trans­port­ing the migrants to El Sal­vador not to turn around.

    The judge said he would give the gov­ern­ment an oppor­tu­ni­ty to rem­e­dy the mat­ter, such as by assert­ing cus­tody of indi­vid­u­als so they can exer­cise their right to chal­lenge their removals, a step that would not nec­es­sar­i­ly require their release or return to the Unit­ed States. Oth­er­wise, Boas­berg said he would direct it to iden­ti­fy the offi­cials who know­ing­ly defied his pre­vi­ous order. If it declined, the judge said he would seek sworn dec­la­ra­tions from wit­ness­es or tes­ti­mo­ny under oath so he could “refer the mat­ter for pros­e­cu­tion.” And if the Jus­tice Depart­ment declined to act, he would appoint a lawyer to do so.

    Admin­is­tra­tion offi­cials have broad­ly main­tained they’ve com­plied with all court orders, even as they’ve repeat­ed­ly walked right up to the line of open defi­ance and pub­licly attacked Boas­berg and oth­er judges for seek­ing to restrain the president’s agen­da.

    On Tues­day, U.S. Dis­trict Judge Paula Xinis in Mary­land exco­ri­at­ed admin­is­tra­tion offi­cials for doing “noth­ing at all” to com­ply with her order a week ago to facil­i­tate the return of a Mary­land man offi­cials have acknowl­edged they mis­tak­en­ly deport­ed to El Sal­vador.

    ...

    The gov­ern­ment launched the depor­ta­tions after Pres­i­dent Don­ald Trump invoked the Alien Ene­mies Act, which until now had only been used in wartime. The law was last used dur­ing World War II to detain Japan­ese, Ital­ian and Ger­man nation­als, and it laid the foun­da­tion for the incar­cer­a­tion of more than 110,000 Japan­ese Amer­i­cans.

    Trump offi­cials have refused to pro­vide Boas­berg with detailed expla­na­tions of the tim­ing of the depor­ta­tion flights, first argu­ing that his order to return the planes lacked full judi­cial weight because it was ver­bal, not in writ­ing, and then say­ing the order did not need to be enforced once the planes were out of U.S. air­space.

    ...

    The gov­ern­ment has invoked the state secrets priv­i­lege to avoid giv­ing addi­tion­al infor­ma­tion to Boas­berg, say­ing that dis­clos­ing it would jeop­ar­dize nation­al secu­ri­ty. Boas­berg has been skep­ti­cal of that asser­tion, not­ing that he has fre­quent­ly presided over cas­es involv­ing sen­si­tive nation­al secu­ri­ty infor­ma­tion and that any such infor­ma­tion could be pre­sent­ed under seal.

    In court ear­ly this month, the judge grilled a Jus­tice Depart­ment lawyer for answers, his eye­brows raised and eyes wide as he sug­gest­ed that gov­ern­ment offi­cials had act­ed in “bad faith” and inten­tion­al­ly rushed to load migrants onto planes and fly them out of the coun­try before he could order them to stop.

    “Who made the deci­sion either not to tell the pilots any­thing or to tell them to keep going?” the judge asked.

    “Your hon­or, I don’t know that,” Deputy Assis­tant Attor­ney Gen­er­al Drew Ensign said.

    Boas­berg pledged to “get to the bot­tom” of the mat­ter.

    But before he could do so, the Supreme Court over­turned the judge’s rul­ing order­ing the return of the depor­ta­tion flights. A major­i­ty of the jus­tices found that “detainees sub­ject to removal orders under the [Alien Ene­mies Act] are enti­tled to notice and an oppor­tu­ni­ty to chal­lenge their removal,” but the high court added that such chal­lenges must be reviewed by judges in the dis­tricts where the migrants are con­fined. In the case of the Venezue­lans, that meant Texas, where dis­trict court deci­sions are reviewed by the con­ser­v­a­tive U.S. Court of Appeals for the 5th Cir­cuit.

    Boas­berg wrote in his opin­ion Wednes­day that the Supreme Court’s deci­sion “does not excuse the Government’s vio­la­tion.”

    “Instead, it is a foun­da­tion­al legal pre­cept that every judi­cial order ‘must be obeyed’ — no mat­ter how ‘erro­neous’ it ‘may be’ — until a court revers­es it,” the judge wrote, cit­ing a Supreme Court prece­dent from 1967. “That foun­da­tion­al ‘rule of law’ answers not just how this com­pli­ance inquiry can pro­ceed, but why it must.”

    ...

    —————–

    “Judge Boas­berg to launch con­tempt pro­ceed­ings into Trump admin­is­tra­tion” by By Mar­i­anne LeVine, Spencer S. Hsu, Sal­vador Riz­zo and Jere­my Roe­buck; The Wash­ing­ton Post; 04/16/2025

    “Crim­i­nal or civ­il con­tempt pro­ceed­ings against the fed­er­al gov­ern­ment for dis­obey­ing a court order are com­plex and rare, and sig­nif­i­cant penal­ties even rar­er. Any offi­cials con­vict­ed of crim­i­nal con­tempt could be fined or jailed up to six months under a statute and fed­er­al court rule cit­ed Wednes­day by Boas­berg.

    It’s get­ting seri­ous. That much is clear­ly. What kind of ‘seri­ous’ is more of an open ques­tion. Are we seri­ous­ly look­ing at the pos­si­bil­i­ty of Trump admin­is­tra­tion offi­cials being fined or jailed for con­tempt of court? Or are we seri­ous­ly look­ing at a deep­en­ing of this emerg­ing con­sti­tu­tion­al cri­sis? After all, even if judge Boas­berg rules that an offi­cial should be pun­ished it’s very unclear the Trump admin­is­tra­tion will allow that to hap­pen. Also note the dark irony of how this case also involves a Supreme Court rul­ing that ulti­mate­ly removed this case out of Boas­berg’s juris­dic­tion. A Supreme Court rul­ing that, we now know, the Trump admin­is­tra­tion would have pre­sum­ably just ignored had it not been in the admin­is­tra­tion’s favor:

    ...
    Boasberg’s order is the lat­est devel­op­ment in a broad­er show­down between the Trump admin­is­tra­tion and the fed­er­al judi­cia­ry, which has blocked or slowed many of the White House’s far-reach­ing actions. The Supreme Court ruled this month that the plain­tiffs in the Venezue­lan migrants’ case filed their law­suit in the wrong venue, tak­ing the cen­tral legal issues of the case away from Boas­berg.

    Still, Boas­berg said that rul­ing did not excuse Trump admin­is­tra­tion offi­cials from fol­low­ing his orders while they were still in place. He char­ac­ter­ized the administration’s deci­sion to pro­ceed with removal flights on March 15 and 16 despite his order not to as “a will­ful dis­re­gard … suf­fi­cient for the Court to con­clude that prob­a­ble cause exists to find the Gov­ern­ment in crim­i­nal con­tempt.”

    ...

    Boas­berg has pressed the Jus­tice Depart­ment for weeks on why the admin­is­tra­tion deposit­ed more than 130 Venezue­lan depor­tees in a Sal­vado­ran megaprison with­out due process, hours after he ordered the admin­is­tra­tion not to do so and said any planes that had already tak­en off should be turned around and returned to the Unit­ed States. His Wednes­day deci­sion has few mod­ern par­al­lels and embarks the court on a mul­ti­stage and poten­tial­ly weeks-long process. First up will be fact-find­ing to deter­mine who in the admin­is­tra­tion knew about his order at the time, and who, if any­one, gave instruc­tions for the planes trans­port­ing the migrants to El Sal­vador not to turn around.

    The judge said he would give the gov­ern­ment an oppor­tu­ni­ty to rem­e­dy the mat­ter, such as by assert­ing cus­tody of indi­vid­u­als so they can exer­cise their right to chal­lenge their removals, a step that would not nec­es­sar­i­ly require their release or return to the Unit­ed States. Oth­er­wise, Boas­berg said he would direct it to iden­ti­fy the offi­cials who know­ing­ly defied his pre­vi­ous order. If it declined, the judge said he would seek sworn dec­la­ra­tions from wit­ness­es or tes­ti­mo­ny under oath so he could “refer the mat­ter for pros­e­cu­tion.” And if the Jus­tice Depart­ment declined to act, he would appoint a lawyer to do so.

    Admin­is­tra­tion offi­cials have broad­ly main­tained they’ve com­plied with all court orders, even as they’ve repeat­ed­ly walked right up to the line of open defi­ance and pub­licly attacked Boas­berg and oth­er judges for seek­ing to restrain the president’s agen­da.
    ...

    And on top of the addi­tion­al con­tempt of the Supreme Court’s own rul­ing, there’s also the open con­tempt of U.S. Dis­trict Judge Paula Xin­is’s rul­ing order­ing offi­cials to facil­i­tate Kil­mar Arman­do Abrego Gar­ci­a’s return. That’s two US Dis­trict judges AND the Supreme Court all being open­ly defied. And the Trump admin­is­tra­tion is clear­ly just get­ting warmed up:

    ...
    On Tues­day, U.S. Dis­trict Judge Paula Xinis in Mary­land exco­ri­at­ed admin­is­tra­tion offi­cials for doing “noth­ing at all” to com­ply with her order a week ago to facil­i­tate the return of a Mary­land man offi­cials have acknowl­edged they mis­tak­en­ly deport­ed to El Sal­vador.
    ...

    Adding to the con­sti­tu­tion­al cri­sis is the fact that these depor­ta­tions were jus­ti­fied by the admin­is­tra­tion after the March 15 invo­ca­tion of the Alien Ene­mies Act, some­thing only pre­vi­ous­ly used dur­ing wartime:

    ...
    The gov­ern­ment launched the depor­ta­tions after Pres­i­dent Don­ald Trump invoked the Alien Ene­mies Act, which until now had only been used in wartime. The law was last used dur­ing World War II to detain Japan­ese, Ital­ian and Ger­man nation­als, and it laid the foun­da­tion for the incar­cer­a­tion of more than 110,000 Japan­ese Amer­i­cans.

    ...

    The gov­ern­ment has invoked the state secrets priv­i­lege to avoid giv­ing addi­tion­al infor­ma­tion to Boas­berg, say­ing that dis­clos­ing it would jeop­ar­dize nation­al secu­ri­ty. Boas­berg has been skep­ti­cal of that asser­tion, not­ing that he has fre­quent­ly presided over cas­es involv­ing sen­si­tive nation­al secu­ri­ty infor­ma­tion and that any such infor­ma­tion could be pre­sent­ed under seal.
    ...

    And those ongo­ing acts of con­sti­tu­tion­al defi­ance by the Trump admin­is­tra­tion against the judi­cial branch brings us to the loom­ing rec­om­men­da­tions to be made to Pres­i­dent Trump regard­ing one of the first dec­la­ra­tions of his sec­ond term: the Jan­u­ary 20th invo­ca­tion of the Insur­rec­tion Act based on a declared ‘inva­sion’ by undoc­u­ment­ed immi­grants. On April 20, a report com­piled on the sta­tus of the immi­gra­tion sit­u­a­tion at the US South­ern Bor­der will be deliv­ered to Pres­i­dent Trump. That report, to be authored by Sec­re­tary of Defense Pete Hegseth and Sec­re­tary of Home­land Secu­ri­ty Kristi Noem, will pro­vide Trump with the infor­ma­tion he will use to deter­mine whether or not “addi­tion­al actions that may be nec­es­sary to obtain com­plete oper­a­tional con­trol of the south­ern bor­der, includ­ing whether to invoke the Insur­rec­tion Act of 1807.” In oth­er words, if that report declares there’s an ongo­ing ‘inva­sion’, get ready for the deploy­ment of the mil­i­tary — like state nation­al guards — on US soil for domes­tic law enforce­ment oper­a­tions. And then also get ready for those mil­i­tary forces to be deployed against pro­test­ers. Because as experts warn, once Trump is giv­en per­mis­sion to unleash the mil­i­tary domes­ti­cal­ly, it will be up to him to deter­mine when the ‘threat’ has end­ed and there will be lit­tle pre­vent­ing him from expand­ing that ‘threat’ to any­one who oppos­es him:

    Salon

    Count­down to April 20: Amer­i­cans brace for Trump’s big deci­sion

    What Amer­i­cans should do if the pres­i­dent invokes the Insur­rec­tion Act

    By Austin Sarat
    Pub­lished April 15, 2025 8:38AM (EDT)
    Updat­ed April 15, 2025 4:19PM (EDT)

    Com­men­ta­tors usu­al­ly bench­mark the first 100 days as a time to assess the ini­tial accom­plish­ments of a new pres­i­den­tial admin­is­tra­tion. But it may be that ten days ear­li­er, April 20, will mark a more impor­tant day on the cal­en­dar for the Trump admin­is­tra­tion.

    On that date, the pres­i­dent will receive a report from the sec­re­tary of defense and the sec­re­tary of home­land secu­ri­ty “about the con­di­tions at the south­ern bor­der of the Unit­ed States and any rec­om­men­da­tions regard­ing addi­tion­al actions that may be nec­es­sary to obtain com­plete oper­a­tional con­trol of the south­ern bor­der, includ­ing whether to invoke the Insur­rec­tion Act of 1807.” That act gives the pres­i­dent broad author­i­ty to use the mil­i­tary on Amer­i­can soil. As the Bren­nan Cen­ter explains, “The statute…is the pri­ma­ry excep­tion to the Posse Comi­ta­tus Act, under which fed­er­al mil­i­tary forces are gen­er­al­ly barred from par­tic­i­pat­ing in civil­ian law enforce­ment activ­i­ties.”

    ...

    Giv­en the breadth of the author­i­ty the Insur­rec­tion Act grants pres­i­dents, it is unsur­pris­ing that Pres­i­dent Trump has long thought about using it. In 2022, then-for­mer Pres­i­dent Don­ald Trumpstat­ed, “The next Pres­i­dent should use every pow­er at his dis­pos­al to restore order — and, if nec­es­sary, that includes send­ing in the Nation­al Guard or the troops” to con­duct law enforce­ment activ­i­ties on U.S. soil.

    In Novem­ber 2023, he com­plained that dur­ing his first term, he was pre­vent­ed, as the AP notes, “from using the mil­i­tary to quell vio­lence in pri­mar­i­ly Demo­c­ra­t­ic cities and states.” Refer­ring to the prob­lem of vio­lence in New York City and Chica­go, Pres­i­dent Trump said, “’The next time, I’m not wait­ing.’”

    A year lat­er, Pres­i­dent Trump focused his think­ing about the Insur­rec­tion Act on “the ene­my from with­in.” As he put it, “We have some very bad peo­ple. We have some sick peo­ple, rad­i­cal left lunatics. And I think they’re the big — and it should be very eas­i­ly han­dled by, if nec­es­sary, by Nation­al Guard, or if real­ly nec­es­sary, by the mil­i­tary, because they can’t let that hap­pen.”

    Amer­i­cans who object to the invo­ca­tion of the Insur­rec­tion Act will be in some­thing of a bind. If they take to the streets to protest, that may give the admin­is­tra­tion a pre­text to expand its use fur­ther.

    That’s why it was unsur­pris­ing that on Jan­u­ary 20, the first day of his sec­ond term, he put the Insur­rec­tion Act on the table, this time as a tool to deal with the prob­lem of ille­gal immi­gra­tion. The plan seems already well worked out.

    As Deputy Chief of Staff Stephen Miller has described it, “[I]n terms of per­son­nel, you go to the red state gov­er­nors and you say, give us your Nation­al Guard. We will dep­u­tize them as immi­gra­tion enforce­ment officers….The Alaba­ma Nation­al Guard is going to arrest ille­gal aliens in Alaba­ma and the Vir­ginia Nation­al Guard in Vir­ginia.”

    Make no mis­take, the Insur­rec­tion Act grants the pres­i­dent broad author­i­ty. In 1827, the Supreme Court made that clear.

    “The author­i­ty,” the Court said, “to decide whether the exi­gen­cies con­tem­plat­ed in the Con­sti­tu­tion of the Unit­ed States and the Act of Con­gress… in which the Pres­i­dent has author­i­ty to call forth the mili­tia, ‘to exe­cute the laws of the union, sup­press insur­rec­tions, and repel inva­sions’ have arisen is exclu­sive­ly vest­ed in the Pres­i­dent, and his deci­sion is con­clu­sive upon all oth­er per­sons.”

    ...

    The pres­i­dent alone gets to decide what con­sti­tutes an “insur­rec­tion,” “rebel­lion,” or “domes­tic vio­lence.” And once troops are deployed, it will not be easy to get them off the streets in any place that the pres­i­dent thinks is threat­ened by “rad­i­cal left lunatics.”

    That’s why April 20 will be so con­se­quen­tial.

    If Amer­i­cans take to the streets to protest the president’s invo­ca­tion of the Insur­rec­tion Act, the pres­i­dent might use those protests as an excuse to extend the deploy­ment of troops. The prospect of using the mil­i­tary against Amer­i­cans is a night­mare and would mark a fur­ther descent into author­i­tar­i­an­ism.

    ...

    After the Constitution’s rat­i­fi­ca­tion, Con­gress passed the Insur­rec­tion Act to define the president’s pow­er in emer­gen­cies. From its enact­ment to today, it has been used 30 times. Pres­i­dent Ulysses Grant alone accounts for six of them. He called out the mil­i­tary to deal with out­breaks of vio­lence dur­ing the post-Civ­il War Recon­struc­tion peri­od.

    In the 20th cen­tu­ry, Pres­i­dents Kennedy and John­son each used it three times, most often to pro­tect the civ­il rights of Black Amer­i­cans against “rebel­lious” seg­re­ga­tion­ists. The Insur­rec­tion Act was last used more than three decades ago, when Pres­i­dent George HW Bush sent troops to Los Ange­les to deal with riots in the wake of the Rod­ney King police beat­ing.

    In all his mus­ings about the Insur­rec­tion Act, pro­tect­ing civ­il rights has not seemed high on Pres­i­dent Trump’s agen­da. Instead, as his Exec­u­tive Order put it, the object would be to “com­plete oper­a­tional con­trol of the south­ern bor­der.”

    But once invoked for that pur­pose, the act could be used to involve the mil­i­tary in round­ing up ille­gal immi­grants across the coun­try.

    As we con­tem­plate what might hap­pen on April 20, Amer­i­cans who object to the invo­ca­tion of the Insur­rec­tion Act will be in some­thing of a bind. If they take to the streets to protest, that may give the admin­is­tra­tion a pre­text to expand its use fur­ther.

    The activist Daniel Hunter is right to observe that “Trump’s desire tocrim­i­nal­ize protestsagainst him is obvi­ous… Trump would rel­ish the oppor­tu­ni­ty to use the Insur­rec­tion Act more broad­ly against oppo­nents.”

    Anoth­er source of resis­tance could come from with­in the mil­i­tary itself. And final­ly, there are the courts.

    Despite the breadth of its 1827 deci­sion, in sub­se­quent cas­es, the Supreme Court has point­ed out that the nature of the pow­er grant­ed to chief exec­u­tives in emer­gency sit­u­a­tions “nec­es­sar­i­ly implies that there is a per­mit­ted range of hon­est judg­ment as to the mea­sures to be tak­en in meet­ing force with force…. Such mea­sures, con­ceived in good faith, in the face of the emer­gency, and direct­ly relat­ed to the quelling of the dis­or­der or the pre­ven­tion of its con­tin­u­ance, fall with­in the dis­cre­tion of the exec­u­tive…” Note the empha­sis on “hon­est judg­ment” and “good faith.”

    ...

    ———-

    “Count­down to April 20: Amer­i­cans brace for Trump’s big deci­sion” By Austin Sarat; Salon; 04/15/2025

    “On that date, the pres­i­dent will receive a report from the sec­re­tary of defense and the sec­re­tary of home­land secu­ri­ty “about the con­di­tions at the south­ern bor­der of the Unit­ed States and any rec­om­men­da­tions regard­ing addi­tion­al actions that may be nec­es­sary to obtain com­plete oper­a­tional con­trol of the south­ern bor­der, includ­ing whether to invoke the Insur­rec­tion Act of 1807.” That act gives the pres­i­dent broad author­i­ty to use the mil­i­tary on Amer­i­can soil. As the Bren­nan Cen­ter explains, “The statute…is the pri­ma­ry excep­tion to the Posse Comi­ta­tus Act, under which fed­er­al mil­i­tary forces are gen­er­al­ly barred from par­tic­i­pat­ing in civil­ian law enforce­ment activ­i­ties.”

    What will Sec­re­tary of Defense Pete Hegseth and Sec­re­tary of Home­land Secu­ri­ty Kristi Noem con­clude in their April 20 report to Pres­i­dent Trump on the need to invoke the Insur­rec­tion Act of 1807? Gee, what will this pair of syco­phants con­clude? It’s not exact­ly a mys­tery. What is more of an open ques­tion at this point is how long will it be before the pow­ers invoked by the Insur­rec­tion Act end up being turned against Trump’s domes­tic oppo­nents. Or “the ene­my from with­in”, as Trump as put it last year. We know he’s look­ing for an oppor­tu­ni­ty. Will the invo­ca­tion of the Insur­rec­tion Act to deport immi­grants be the open­ing he’s been look­ing for?

    ...
    A year lat­er, Pres­i­dent Trump focused his think­ing about the Insur­rec­tion Act on “the ene­my from with­in.” As he put it, “We have some very bad peo­ple. We have some sick peo­ple, rad­i­cal left lunatics. And I think they’re the big — and it should be very eas­i­ly han­dled by, if nec­es­sary, by Nation­al Guard, or if real­ly nec­es­sary, by the mil­i­tary, because they can’t let that hap­pen.”
    ...

    And as experts warn, pub­lic protests against the invo­ca­tion of the Insur­rec­tion Action against immi­grants is itself like­ly to be used as a pre­text for turn­ing the mil­i­tary against those pro­test­ers. The troops will only be recalled after ALL the protests have end­ed and ALL the tar­get­ed immi­grants and “rad­i­cal left lunatics” have been round­ed up. It’s the log­i­cal con­clu­sion of Trump’s years of threats. It would almost be shock­ing if that isn’t the plan:

    ...
    Amer­i­cans who object to the invo­ca­tion of the Insur­rec­tion Act will be in some­thing of a bind. If they take to the streets to protest, that may give the admin­is­tra­tion a pre­text to expand its use fur­ther.

    That’s why it was unsur­pris­ing that on Jan­u­ary 20, the first day of his sec­ond term, he put the Insur­rec­tion Act on the table, this time as a tool to deal with the prob­lem of ille­gal immi­gra­tion. The plan seems already well worked out.

    ...

    The pres­i­dent alone gets to decide what con­sti­tutes an “insur­rec­tion,” “rebel­lion,” or “domes­tic vio­lence.” And once troops are deployed, it will not be easy to get them off the streets in any place that the pres­i­dent thinks is threat­ened by “rad­i­cal left lunatics.”

    That’s why April 20 will be so con­se­quen­tial.

    If Amer­i­cans take to the streets to protest the president’s invo­ca­tion of the Insur­rec­tion Act, the pres­i­dent might use those protests as an excuse to extend the deploy­ment of troops. The prospect of using the mil­i­tary against Amer­i­cans is a night­mare and would mark a fur­ther descent into author­i­tar­i­an­ism.

    ...

    In all his mus­ings about the Insur­rec­tion Act, pro­tect­ing civ­il rights has not seemed high on Pres­i­dent Trump’s agen­da. Instead, as his Exec­u­tive Order put it, the object would be to “com­plete oper­a­tional con­trol of the south­ern bor­der.”

    But once invoked for that pur­pose, the act could be used to involve the mil­i­tary in round­ing up ille­gal immi­grants across the coun­try.

    As we con­tem­plate what might hap­pen on April 20, Amer­i­cans who object to the invo­ca­tion of the Insur­rec­tion Act will be in some­thing of a bind. If they take to the streets to protest, that may give the admin­is­tra­tion a pre­text to expand its use fur­ther.

    The activist Daniel Hunter is right to observe that “Trump’s desire tocrim­i­nal­ize protestsagainst him is obvi­ous… Trump would rel­ish the oppor­tu­ni­ty to use the Insur­rec­tion Act more broad­ly against oppo­nents.”
    ...

    Also note how the Insur­rec­tion Act lan­guage includes the pow­er to call forth mili­tias. Might we see the dep­u­ti­za­tion of the Proud Boys and oth­er MAGA mili­tias? The same ones that were heav­i­ly par­doned for their actions on Jan­u­ary 6th? It’s hard to rule out at this point:

    ...
    Make no mis­take, the Insur­rec­tion Act grants the pres­i­dent broad author­i­ty. In 1827, the Supreme Court made that clear.

    “The author­i­ty,” the Court said, “to decide whether the exi­gen­cies con­tem­plat­ed in the Con­sti­tu­tion of the Unit­ed States and the Act of Con­gress… in which the Pres­i­dent has author­i­ty to call forth the mili­tia, ‘to exe­cute the laws of the union, sup­press insur­rec­tions, and repel inva­sions’ have arisen is exclu­sive­ly vest­ed in the Pres­i­dent, and his deci­sion is con­clu­sive upon all oth­er per­sons.”
    ...

    And that Insur­rec­tion Act con­sti­tu­tion­al per­il brings us to one more hor­ri­ble idea now under seri­ous con­sid­er­a­tion. Because Erik Prince has a new pro­pos­al for the Trump admin­is­tra­tion: declare parts of the El Sal­vado­ran jails “US soil” and then pay Prince’s com­pa­ny to round up, process, and deport immi­grants to that ‘US jail’. So will US offi­cials be oper­at­ing the jail under this plan? Nope, it will still be El Sal­vado­ran author­i­ties run­ning it, which is why the pro­pos­al also includes the rec­om­men­da­tion that Kristi Noem “sus­pend the ICE deten­tion stan­dards” to avoid ques­tions about deten­tion stan­dards estab­lished by Immi­gra­tion and Cus­toms Enforce­ment and the Bureau of Pris­ons. Oh, and Prince also rec­om­mends the invo­ca­tion of the Alien Ene­mies act to help get around legal hur­dles. Hur­dles that, as we now know, are already mere­ly option­al for an admin­is­tra­tion that is already oper­at­ing out­side of the bound­aries of con­sti­tu­tion­al law:

    Politi­co

    Mil­i­tary con­trac­tors pitch unprece­dent­ed prison plan for detained immi­grants

    Erik Prince wants to cut a deal to trans­port detainees from the US to El Sal­vador.

    By Dasha Burns and Myah Ward
    04/11/2025 04:54 PM EDT

    For­mer Black­wa­ter CEO Erik Prince and a team of defense con­trac­tors are pitch­ing the White House on a plan to vast­ly expand depor­ta­tions to El Sal­vador — trans­port­ing thou­sands of immi­grants from U.S. hold­ing facil­i­ties to a sprawl­ing max­i­mum secu­ri­ty prison in Cen­tral Amer­i­ca.

    The pro­pos­al, exclu­sive­ly obtained by POLITICO, says it would tar­get “crim­i­nal ille­gal aliens” and would attempt to avoid legal chal­lenges by des­ig­nat­ing part of the prison — which has drawn accu­sa­tions of vio­lence and over­crowd­ing from human rights groups — as Amer­i­can ter­ri­to­ry.

    It’s unclear how seri­ous­ly the White House is con­sid­er­ing the plan by Prince, who has drawn scruti­ny for his firm’s role in a dead­ly mas­sacre in Iraq two decades ago. But it would give Prince’s group an unprece­dent­ed and poten­tial­ly high­ly lucra­tive role in an expand­ed ver­sion of a transna­tion­al oper­a­tion that has elicit­ed its own web of con­tro­ver­sies, in part because it has swept up immi­grants who do not have crim­i­nal records in the Unit­ed States.

    The group has had mul­ti­ple talks with admin­is­tra­tion offi­cials, and the ideas laid out in the pro­pos­al are like­ly to be a top sub­ject in the bilat­er­al meet­ings with El Sal­vador at the White House next week, accord­ing to two peo­ple famil­iar with the Prince pro­pos­al and an admin­is­tra­tion offi­cial, grant­ed anonymi­ty to dis­cuss infor­ma­tion that has not pre­vi­ous­ly been made pub­lic.

    Admin­is­tra­tion offi­cials have already dis­cussed the idea of the U.S. own­ing some of the prison com­plex, the admin­is­tra­tion offi­cial said, adding that the White House con­tin­ues to weigh a num­ber of options and that the plan would be in line with the goal of get­ting “dan­ger­ous peo­ple as far away from the con­ti­nen­tal U.S. as pos­si­ble.”

    The admin­is­tra­tion offi­cial also said they expect the pro­pos­al to be dis­cussed dur­ing El Sal­vador Pres­i­dent Nay­ib Bukele’s vis­it to the White House on Mon­day, when he is plan­ning to meet with Pres­i­dent Don­ald Trump to hash out a vari­ety of immi­gra­tion issues.

    The pro­pos­al would ulti­mate­ly put Prince in charge of an extra­or­di­nary pri­va­ti­za­tion effort that would use his com­pa­ny to han­dle logis­tics, includ­ing fer­ry­ing tens of thou­sands of detainees from Amer­i­can hold­ing cells to El Salvador’s prison.

    An LLC called 2USV was reg­is­tered in Wyoming on Wednes­day, an indi­ca­tion that Prince’s group is hop­ing to move to a more seri­ous phase of pitch­ing the White House.

    ...

    It’s Prince’s lat­est bid to seek gov­ern­ment con­tracts as the Trump admin­is­tra­tion con­tin­ues to face legal and logis­ti­cal head­winds in its efforts to rapid­ly deport undoc­u­ment­ed immi­grants, and it comes just months after the for­mer Black­wa­ter CEO pitched the White House on an expan­sive plan to out­source the president’s mass depor­ta­tions cam­paigna pro­pos­al first report­ed by POLITICO.. Now Prince has zeroed in on a nar­row­er tar­get, fur­ther evi­dence that the administration’s desire to make good on the president’s sig­na­ture cam­paign promise has cre­at­ed an open­ing for pri­vate con­trac­tors who see poten­tial prof­its in mass depor­ta­tions.

    The pro­pos­al says Prince’s group, in part­ner­ship with El Sal­vador, will facil­i­tate an oper­a­tion that would han­dle the logis­tics of gath­er­ing “100,000 of the worst crim­i­nal offend­ers” from U.S. pris­ons, hold­ing them at a 10,000-person deten­tion camp and fly­ing them to El Sal­vador. The group says it will need access to the government’s immi­gra­tion files from law enforce­ment agen­cies to deter­mine their immi­gra­tion sta­tus, fur­ther entwin­ing the pri­vate enter­prise with gov­ern­ment oper­a­tions.

    ...

    Prince’s group also wants a role in the immi­gra­tion courts, one of sev­er­al ele­ments of the pro­pos­al that would like­ly draw legal chal­lenges.

    If the immi­grant does not have a depor­ta­tion order, 2USV will “facil­i­tate a hear­ing before an immi­gra­tion judge to adju­di­cate any pend­ing asy­lum claim.” The group also says it will work with pros­e­cu­tors to “make deals with incar­cer­at­ed indi­vid­u­als where­by some of their prison sen­tence will be waived in exchange for the grant­i­ng of a depor­ta­tion order.”

    The pro­pos­al includes sam­ple lan­guage for a “Treaty of Ces­sion” so that a por­tion of the prison com­plex can become U.S. ter­ri­to­ry, argu­ing that “trans­fer­ring a pris­on­er to such a facil­i­ty would not be an Extra­di­tion nor a Depor­ta­tion.” Once the land is owned by the U.S., the pro­pos­al says it will be leased back to El Sal­vador to run the prison com­plex and urges the Home­land Secu­ri­ty sec­re­tary to “sus­pend the ICE deten­tion stan­dards” to avoid ques­tions about deten­tion stan­dards estab­lished by Immi­gra­tion and Cus­toms Enforce­ment and the Bureau of Pris­ons.

    The doc­u­ment also includes a let­ter from El Salvador’s Min­is­ter of Jus­tice and Pub­lic Secu­ri­ty Hec­tor Gus­ta­vo Vil­la­toro, dat­ed March 13. It says Prince, through his new spe­cial enti­ty called 2USV, is serv­ing as a “trade agent” for El Sal­vador to “reach an agree­ment on the use of El Salvador’s pris­ons to house for­eign crim­i­nals.” A spokesper­son for Bukele and the embassy did not respond to a request for com­ment on the country’s pur­port­ed role in the project.

    ...

    Prince began dis­cus­sions with El Sal­vador last year before Trump was elect­ed and first float­ed the idea of using their pris­ons for migrants, accord­ing to one of the peo­ple famil­iar with the mat­ter. Those talks appar­ent­ly accel­er­at­ed after the elec­tion, accord­ing to the let­ter, which states that he pro­posed his “com­mer­cial terms” with Prince before Sec­re­tary of State Mar­co Rubio vis­it­ed El Sal­vador in ear­ly Feb­ru­ary.

    Dur­ing Prince’s vis­it in August, he toured the prison com­plex and met with Bukele to dis­cuss the country’s efforts to com­bat crime. Prince at the time also expressed frus­tra­tions with the State Department’s poor trav­el advi­so­ry, which the Trump admin­is­tra­tion upgrad­ed this week — rank­ing El Salvador’s trav­el safe­ty des­ig­na­tion the best pos­si­ble and plac­ing it high­er than sev­er­al coun­tries in West­ern Europe.

    The pro­pos­al argues that the set­up could help the Trump admin­is­tra­tion get around poten­tial legal hur­dles with the president’s invo­ca­tion of the Alien Ene­mies Act, which gives the pres­i­dent pow­ers dur­ing wartime to detain and deport nonci­t­i­zens. Doing so could also alle­vi­ate logis­ti­cal chal­lenges that have emerged with the use of the Naval base in Guan­tanamo Bay, while help­ing the Trump admin­is­tra­tion remove peo­ple from the Unit­ed States who can’t be returned to their coun­try of ori­gin.

    But the solu­tions out­lined in the pro­pos­al may not ful­ly resolve the legal ques­tions sur­round­ing Trump’s use of the Alien Ene­mies Act, which the pres­i­dent invoked in March to deport hun­dreds of Venezue­lans. The Supreme Court on Mon­day lift­ed a tem­po­rary block on the administration’s use of the two-cen­turies-old law, meant to guard against for­eign inva­sions in wartime. But the court also ruled that the Unit­ed States must give these Venezue­lans labeled as “alien ene­mies” an oppor­tu­ni­ty to chal­lenge their depor­ta­tions before remov­ing them from the coun­try, and the Trump admin­is­tra­tion has since faced addi­tion­al set­backs.

    The court’s rul­ing was nar­row, and there are still major ques­tions about the legal­i­ty of Trump using a wartime law when the Unit­ed States is not at war.

    There could be addi­tion­al legal hur­dles with the plan, and the pro­pos­al acknowl­edges that it’s “high­ly like­ly that this effort will be test­ed judi­cial­ly by the ACLU or oth­er activist group.”

    And even if the pro­pos­al is tar­get­ed at undoc­u­ment­ed immi­grants, it could be a pre­cur­sor to deport­ing U.S. cit­i­zens — an idea Trump has repeat­ed­ly float­ed, said a for­mer DHS offi­cial, grant­ed anonymi­ty to dis­cuss the plan.

    Trump said over the week­end that he would “love” to deport cit­i­zens to El Sal­vador, adding: “If they can house these hor­ri­ble crim­i­nals for a lot less mon­ey than it costs us, I’m all for it.”

    ...

    Trump invoked the 1798 law in March, deport­ing to El Sal­vador hun­dreds of Venezue­lans who the admin­is­tra­tion claimed to be mem­bers of the Tren de Aragua gang — an action that spurred imme­di­ate court chal­lenges. A num­ber of fam­i­ly mem­bers and lawyers have since argued that some of the detainees are not asso­ci­at­ed with the gang. The Supreme Court on Thurs­day ordered the admin­is­tra­tion to facil­i­tate the return of a Mary­land man who had been sent to the prison despite hav­ing pro­tect­ed legal sta­tus.

    The Trump admin­is­tra­tion pre­vi­ous­ly reached a one-year deal with El Sal­vador to imprison more than 200 alleged gang mem­bers in the prison. It’s unclear when the agree­ment was reached, but it was announced in the days after Trump deport­ed the Venezue­lans on March 15. The U.S. has so far paid El Sal­vador $6 mil­lion — a fig­ure Prince and Bukele are vying to increase, though it’s not clear by how much. The draft of the pro­pos­al obtained by POLITICO did not include a bud­get.

    Prince and his group’s ear­li­er pro­pos­al to the White House was a more expan­sive mass depor­ta­tion plan that includ­ed an army of pri­vate agents promis­ing to arrest and remove 12 mil­lion peo­ple at a cost of $25 bil­lion. That plan, which has not been pub­licly embraced by the White House, also raised a host of legal issues, some of which over­lap with the newest plan.

    ...

    ———–

    “Mil­i­tary con­trac­tors pitch unprece­dent­ed prison plan for detained immi­grants” By Dasha Burns and Myah Ward; Politi­co; 04/11/2025

    “The pro­pos­al, exclu­sive­ly obtained by POLITICO, says it would tar­get “crim­i­nal ille­gal aliens” and would attempt to avoid legal chal­lenges by des­ig­nat­ing part of the prison — which has drawn accu­sa­tions of vio­lence and over­crowd­ing from human rights groups — as Amer­i­can ter­ri­to­ry.

    What a con­ve­nient offer: with all of the clam­or over the ship­ping of immi­grants to pris­ons in El Sal­vador and grow­ing wor­ries that US cit­i­zens will be next, we have Erik Prince pitch­ing a plant to turns some of these pris­ons into US ter­ri­to­ry. Prob­lem solved, right?

    And as we can see, the pro­pos­al isn’t to have US author­i­ties oper­at­ing a prison in El Sal­vador. No, the plan is to have the land leased back to El Sal­vador to run the prison. And what about ques­tions about the deten­tion stan­dards being adhered to by the El Sal­vado­ran author­i­ties? Well, there’s a plan for that too: the Home­land Secu­ri­ty sec­re­tary is urged to “sus­pend the ICE deten­tion stan­dards” to avoid ques­tions about deten­tion stan­dards. Beyond that, the invo­ca­tion of the Alien Ene­mies Act by Pres­i­dent Trump is sug­gest­ed as anoth­er means of get­ting around these legal obsta­cle. An invo­ca­tion that Trump did last month:

    ...
    The pro­pos­al says Prince’s group, in part­ner­ship with El Sal­vador, will facil­i­tate an oper­a­tion that would han­dle the logis­tics of gath­er­ing “100,000 of the worst crim­i­nal offend­ers” from U.S. pris­ons, hold­ing them at a 10,000-person deten­tion camp and fly­ing them to El Sal­vador. The group says it will need access to the government’s immi­gra­tion files from law enforce­ment agen­cies to deter­mine their immi­gra­tion sta­tus, fur­ther entwin­ing the pri­vate enter­prise with gov­ern­ment oper­a­tions.

    ...

    Prince’s group also wants a role in the immi­gra­tion courts, one of sev­er­al ele­ments of the pro­pos­al that would like­ly draw legal chal­lenges.

    ...

    The pro­pos­al includes sam­ple lan­guage for a “Treaty of Ces­sion” so that a por­tion of the prison com­plex can become U.S. ter­ri­to­ry, argu­ing that “trans­fer­ring a pris­on­er to such a facil­i­ty would not be an Extra­di­tion nor a Depor­ta­tion.” Once the land is owned by the U.S., the pro­pos­al says it will be leased back to El Sal­vador to run the prison com­plex and urges the Home­land Secu­ri­ty sec­re­tary to “sus­pend the ICE deten­tion stan­dards” to avoid ques­tions about deten­tion stan­dards estab­lished by Immi­gra­tion and Cus­toms Enforce­ment and the Bureau of Pris­ons.

    The doc­u­ment also includes a let­ter from El Salvador’s Min­is­ter of Jus­tice and Pub­lic Secu­ri­ty Hec­tor Gus­ta­vo Vil­la­toro, dat­ed March 13. It says Prince, through his new spe­cial enti­ty called 2USV, is serv­ing as a “trade agent” for El Sal­vador to “reach an agree­ment on the use of El Salvador’s pris­ons to house for­eign crim­i­nals.” A spokesper­son for Bukele and the embassy did not respond to a request for com­ment on the country’s pur­port­ed role in the project.

    ...

    The pro­pos­al argues that the set­up could help the Trump admin­is­tra­tion get around poten­tial legal hur­dles with the president’s invo­ca­tion of the Alien Ene­mies Act, which gives the pres­i­dent pow­ers dur­ing wartime to detain and deport nonci­t­i­zens. Doing so could also alle­vi­ate logis­ti­cal chal­lenges that have emerged with the use of the Naval base in Guan­tanamo Bay, while help­ing the Trump admin­is­tra­tion remove peo­ple from the Unit­ed States who can’t be returned to their coun­try of ori­gin.
    ...

    And while the arti­cle sug­gests its unclear how seri­ous­ly the White House is con­sid­er­ing Prince’s pro­pos­al, it looks pret­ty clear that the admin­is­tra­tion is VERY inter­est­ed based on all of the actions and dis­cus­sions thus far. We are lit­er­al­ly told by Trump admin­is­tra­tion offi­cials that the pro­pos­al is like­ly to be a top sub­ject in the bilat­er­al meet­ings with El Sal­vador at the White House next week. These plans are going to hap­pen. Legal or not:

    ...
    It’s unclear how seri­ous­ly the White House is con­sid­er­ing the plan by Prince, who has drawn scruti­ny for his firm’s role in a dead­ly mas­sacre in Iraq two decades ago. But it would give Prince’s group an unprece­dent­ed and poten­tial­ly high­ly lucra­tive role in an expand­ed ver­sion of a transna­tion­al oper­a­tion that has elicit­ed its own web of con­tro­ver­sies, in part because it has swept up immi­grants who do not have crim­i­nal records in the Unit­ed States.

    The group has had mul­ti­ple talks with admin­is­tra­tion offi­cials, and the ideas laid out in the pro­pos­al are like­ly to be a top sub­ject in the bilat­er­al meet­ings with El Sal­vador at the White House next week, accord­ing to two peo­ple famil­iar with the Prince pro­pos­al and an admin­is­tra­tion offi­cial, grant­ed anonymi­ty to dis­cuss infor­ma­tion that has not pre­vi­ous­ly been made pub­lic.

    Admin­is­tra­tion offi­cials have already dis­cussed the idea of the U.S. own­ing some of the prison com­plex, the admin­is­tra­tion offi­cial said, adding that the White House con­tin­ues to weigh a num­ber of options and that the plan would be in line with the goal of get­ting “dan­ger­ous peo­ple as far away from the con­ti­nen­tal U.S. as pos­si­ble.”

    The admin­is­tra­tion offi­cial also said they expect the pro­pos­al to be dis­cussed dur­ing El Sal­vador Pres­i­dent Nay­ib Bukele’s vis­it to the White House on Mon­day, when he is plan­ning to meet with Pres­i­dent Don­ald Trump to hash out a vari­ety of immi­gra­tion issues.

    ...

    Prince began dis­cus­sions with El Sal­vador last year before Trump was elect­ed and first float­ed the idea of using their pris­ons for migrants, accord­ing to one of the peo­ple famil­iar with the mat­ter. Those talks appar­ent­ly accel­er­at­ed after the elec­tion, accord­ing to the let­ter, which states that he pro­posed his “com­mer­cial terms” with Prince before Sec­re­tary of State Mar­co Rubio vis­it­ed El Sal­vador in ear­ly Feb­ru­ary.

    Dur­ing Prince’s vis­it in August, he toured the prison com­plex and met with Bukele to dis­cuss the country’s efforts to com­bat crime. Prince at the time also expressed frus­tra­tions with the State Department’s poor trav­el advi­so­ry, which the Trump admin­is­tra­tion upgrad­ed this week — rank­ing El Salvador’s trav­el safe­ty des­ig­na­tion the best pos­si­ble and plac­ing it high­er than sev­er­al coun­tries in West­ern Europe.
    ...

    Final­ly, as the arti­cle reminds us, this is mere­ly the lat­est pow­er-grab­bing pro­pos­al to the Trump admin­is­tra­tion by Prince’s new 2USV com­pa­ny in recent months. It was just back in Feb­ru­ary when 2USV was float­ing the plan for the cre­ation of a pri­vate army that would be dep­u­tized with immi­gra­tion enforce­ment pow­ers. A pri­vate army that would round up immi­grants and send them to pri­vate­ly run “pro­cess­ing camps”. Oper­at­ing some sort of immi­grant jail in El Sal­vador is almost like an exten­sion of that ini­tial pro­pos­al. Which is why we should­n’t nec­es­sar­i­ly view these as sep­a­rate pro­pos­als. There’s noth­ing pre­vent­ing the cre­ation of both pri­vate armies and ‘US jails’ in El Sal­vador:

    ...
    It’s Prince’s lat­est bid to seek gov­ern­ment con­tracts as the Trump admin­is­tra­tion con­tin­ues to face legal and logis­ti­cal head­winds in its efforts to rapid­ly deport undoc­u­ment­ed immi­grants, and it comes just months after the for­mer Black­wa­ter CEO pitched the White House on an expan­sive plan to out­source the president’s mass depor­ta­tions cam­paigna pro­pos­al first report­ed by POLITICO.. Now Prince has zeroed in on a nar­row­er tar­get, fur­ther evi­dence that the administration’s desire to make good on the president’s sig­na­ture cam­paign promise has cre­at­ed an open­ing for pri­vate con­trac­tors who see poten­tial prof­its in mass depor­ta­tions.

    ...

    The Trump admin­is­tra­tion pre­vi­ous­ly reached a one-year deal with El Sal­vador to imprison more than 200 alleged gang mem­bers in the prison. It’s unclear when the agree­ment was reached, but it was announced in the days after Trump deport­ed the Venezue­lans on March 15. The U.S. has so far paid El Sal­vador $6 mil­lion — a fig­ure Prince and Bukele are vying to increase, though it’s not clear by how much. The draft of the pro­pos­al obtained by POLITICO did not include a bud­get.

    Prince and his group’s ear­li­er pro­pos­al to the White House was a more expan­sive mass depor­ta­tion plan that includ­ed an army of pri­vate agents promis­ing to arrest and remove 12 mil­lion peo­ple at a cost of $25 bil­lion. That plan, which has not been pub­licly embraced by the White House, also raised a host of legal issues, some of which over­lap with the newest plan.
    ...

    How long before one of these judges find­ing the Trump admin­is­tra­tion in con­tempt ends up in a ‘US’ El Sal­vado­ran jail? It’s an almost far­ci­cal­ly grim ques­tion and yet that’s the path we’re on.

    And while we don’t have a pro­posed bud­get, for this new plan, keep in mind that it’s going to be a lot eas­i­er to imple­ment the $25 bil­lion plan to cre­ate a pri­vate immi­gra­tion army after Prince’s new 2USV com­pa­ny has already been dep­u­tized for this El Sal­vado­ran ren­di­tion oper­a­tion. And, in turn, a lot eas­i­er for this pri­vate domes­tic army to serve as Trump’s domes­tic ‘peace­keep­ing’ force after that. You know, in case the US mil­i­tary gets cold feet about going full fas­cist. Because, again, we might be in unchart­ed waters from the per­spec­tive of a func­tion­ing sys­tem of checks and bal­ances. But this is very famil­iar ter­ri­to­ry for the fas­cists fever­ish­ly plan­ning their next move.

    Posted by Pterrafractyl | April 17, 2025, 6:34 pm

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