As expected, the lawsuits are quickly piling up as the regime tries to buy time to regroup after the initial attacks from the Trump administration. There are multiple cases involving the Treasury, all aimed at preventing Trump appointees from doing their jobs, at least without permission from the court. There is one case involving the FBI, where the judge is asked to stop the Justice Department from looking into J6 cases. There is at least one case challenging the buyout system.
All these cases have been launched by activists trying to halt the Trump agenda, but they all have something important in common. They revolve around a set of core questions about these executive agencies. Who controls these agencies, by what means do they control them and by whose authority? The activists are challenging the Trump admin on the claim that these are independent agencies. They do not report to the President, so he cannot take these actions.
The trouble with that is there is nothing in the Constitution defining a fourth branch of government under which these agencies are organized. At best, it is a bit of make-believe Washington has indulged since Nixon. The mythology of Watergate says Nixon used these agencies to terrorize his political opponents, so he was driven from the temple of the people. Ever since, permanent Washington has waved around the bloody shirt whenever they did not like what a President was doing.
There is something more important behind this. Watergate was the triumph of the managerial class over the political class. For fifty years, an unelected and unaccountable class of experts has been left to run the administrative state, only indulging the President when it comes to appointing agency heads. In most cases, the appointees were from the managerial elite. These people took turns circulating between government and the Blob.
In his first three weeks, Trump has launched a big arrow offensive on this system and the underlying logic of it. Once these cases get to Supreme Court, administration lawyers will point out that there is no fourth branch of government and that these agencies are part of the executive. While Congress maintains the power of the purse, it does not run these agencies. That is left to the executive branch, which means the President and whomever he appoints to do it.
This seems rather straight forward, but the courts are as corrupt as the rest of the managerial system, so there are plenty of judges who will issue crazy rulings to stop the Trump agenda. While the Supreme Court only has a few ideologically deranged judges, it may not be eager to get involved. This is fundamentally a political dispute, and the court prefers to stay out of those. At the minimum, it may wait until they can choose a clean case to make a clean ruling.
The people filing these suits seem to be banking on the courts dragging this out and never getting to a final decision. They think if they drag it out and make it an issue in the midterms, they can win the House and Senate, then impeach Trump. You can already see hints of this in their rhetoric. While this may sound insane, given the public response thus far, these people live in a bubble. That and they have no other options, given what Trump is doing.
Team Trump seems to be prepared for this. In fact, part of the overall reform agenda is to get one of these cases in front of the Supreme Court to argue for the unitary executive theory, which says the President of the United States has sole authority over the executive branch. Even if the Court rules that Congress plays a role in how these agencies are administered, it will be a massive win. It means the administrative state returns to the control of the political class.
Why is this important?
For the last fifty years, these agencies, along with the media, the academy and the vast network of not-for-profits has operated independent of the President. Further, they have used their capture of the regulatory mechanism and the political finance system to control both political parties, thus controlling the legislative branch. USAID used its billions, in part, to control more billions in the budgets of the agencies, which it directed into its political projects, foreign and domestic.
The reason elections have had no impact on public policy is that the people making public policy were not subject to the voters. The political system became a theater to keep the people distracted. It is why the politicians have become increasingly frivolous and absurd. When Congressman and Senators are furniture, props in the theater of democracy, they tend to be theater kids. No serious person wants to subject himself to the humiliation rituals required of elected office.
The hammer blow delivered to USAID was aimed at shattering the financial structure of the Blob by removing the mechanism the Blob used to circulate money. If they are no longer underwriting the vast network of non-for-profits and regime media outlets, those entities will struggle to control the discourse. The DOGE boys examining every disbursements from Treasury is about starving the Blob of money. The restructuring of the agencies removes their power over the political class.
The reason the economic elite is backing this is because they see that the Blob is threatening their interests. It is out of control. When a girl boss judge in Delaware can crater the state's economic model, and threaten the country's financial model, the system that makes her possible must be destroyed. A million girl bosses armed with taxpayer money have set fire to the country for the last decade. What we see now is an effort to put out the fire and eliminate the fire starters.
In the end, we are in one of those momentous times when the fundamental questions of every human society are in the balance. Who decides, by what means do they decide and by whose authority do they decide? The Constitution answers all these questions, but it has been ignored for at least fifty years. Trump wants to restore that old political order, while the Blob seeks to bury it forever. Every civil war and revolution have been fought over these questions, so the best is yet to come.
I was at a retreat all last week and emerged yesterday to get a big download on the Trump Offensive. What a thing of beauty. This is what he promised to do first term but was unprepared for how full of slithering beasts the swamp actually is. Not this time.
My older brother (who also reads Z) works for one of the federal agencies that actually gives money back, and he says even those people are in full on freak-out mode. There are millions of over-educated functionaries out there right now trying to figure out how they can do something productive for once in their lives.
I so hope Vance & crew are 100% on board as the baton gets passed.
As another denizen of Substackistan often likes to put it, “Do you want a Franco?”
The things Trump 2.0 has initiated since taking office have long been needed to rein in the leviathan that the Federal Gov’t has become, yet the Left and her sycophants continue to scream and wail as if a Red Caesar has taken up in the White House.
Having activist judges do things such as bar constitutionally appointed members access to their assigned departments merely pushes the calls to head further right.