#432 — The Undoing of America
In this episode of Making Sense, Sam Harris and David French examine potential misuse of power within the Department of Justice under the Trump administration. The conversation covers instances of the DOJ's departure from standard practices, including targeting political opponents and controversial property searches, as well as the use of presidential pardons for January 6th rioters.
French and Harris explore how these actions reflect broader concerns about the American system of checks and balances. French challenges common assumptions about the equality of government branches, explaining Congress's constitutional supremacy over the executive branch and discussing how Congress's reluctance to fully exercise its powers has contributed to presidential overreach, particularly regarding control of the Justice Department.
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Weaponizing DOJ and Law Enforcement Against Political Opponents
David French and Sam Harris discuss concerning patterns of partisan weaponization within the Department of Justice under the Trump administration. French points out several departures from standard DOJ practices, including targeting political enemies for criminal investigations and the controversial search of John Bolton's property. He notes that actions like firing prosecutors from the Jack Smith prosecution team and pardoning January 6th rioters have created a perception of a two-tiered justice system favoring Trump's allies.
Abuse of Presidential Pardon Power for Partisan Gain
The discussion turns to the presidential pardon power, where Sam Harris highlights the contradiction of Trump's "law and order" stance while pardoning January 6th rioters who attacked police officers. French explains that within pro-Trump circles, these rioters are viewed as patriots acting on behalf of a president they believe was wrongfully denied office. This use of pardons for political allies, according to French, directly reflects the Founders' fears about the potential abuse of presidential pardon power for favoritism.
Breakdown of Checks and Balances Between Government Branches
French challenges the common belief that the three branches of government are co-equal, arguing that the Constitution actually positions Congress as the supreme authority over the executive branch. Despite having powerful tools like the power of the purse and impeachment authority, French notes that Congress has failed to fully exercise its constitutional powers to check presidential overreach. He suggests that this structural weakness has allowed a corrupt president to potentially undermine American democracy, particularly through the misuse of the Justice Department against political adversaries.
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Counterarguments
- The DOJ's actions could be interpreted as fulfilling its mandate to investigate and prosecute crimes without political bias, and any perceived targeting may be a result of legitimate legal concerns rather than partisan weaponization.
- The search of John Bolton's property might have been justified by probable cause and conducted in accordance with legal standards, rather than being controversial or politically motivated.
- The firing of prosecutors could be seen as a standard administrative practice within the executive branch's authority to manage its personnel, rather than an act of political retribution.
- Pardoning January 6th rioters might be defended as an exercise of constitutional power intended to correct what the president perceives as injustices or excessive punishments.
- The perception of a two-tiered justice system could be challenged by arguing that all individuals, regardless of political affiliation, are subject to the same legal processes and standards.
- The pardoning of January 6th rioters could be argued as consistent with a "law and order" stance if the pardons were granted based on a belief in the individuals' innocence or the unfairness of their treatment.
- The use of pardons for political allies can be seen as a legitimate exercise of presidential discretion, historically used by many presidents for a variety of reasons, not necessarily for partisan gain.
- The argument that Congress is the supreme authority over the executive branch could be countered by pointing out the constitutional principle of separation of powers, which implies co-equality and independent functioning of the branches.
- The failure of Congress to exercise its powers could be attributed to complex political dynamics and not solely to structural weaknesses or presidential overreach.
- The claim of a corrupt president undermining democracy could be countered by emphasizing the robustness of American democratic institutions and their ability to withstand and correct internal challenges.
Actionables
- Educate yourself on the checks and balances of government by reading the U.S. Constitution and related historical documents. Understanding the framework intended to prevent abuses of power can empower you to recognize when deviations occur and advocate for adherence to these principles. For example, you might read the Federalist Papers to grasp the Founders' intentions behind the separation of powers and then follow current events to see how these principles are applied or ignored in modern governance.
- Engage in local civic groups to promote accountability in government. By participating in or forming groups focused on government transparency and accountability, you can help ensure that local officials adhere to ethical standards and that any potential abuses of power are addressed. This might involve attending town hall meetings, supporting candidates committed to ethical governance, or even writing opinion pieces for local newspapers to raise awareness.
- Practice critical thinking when consuming news by cross-referencing multiple sources. This habit helps you form a more balanced view of political events and the actions of public officials. When you hear about a controversial decision or policy, look for coverage from various media outlets with different political leanings to challenge your own biases and better understand the full context.
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Weaponizing DOJ and Law Enforcement Against Political Opponents
Discussions led by David French and contributions by Sam Harris reveal serious concerns about the Department of Justice becoming a partisan tool under the Trump administration.
DOJ Became Partisan Tool Under Trump Administration
French highlights the DOJ's departure from standard practices under Trump's administration and discusses the specific measures that contributed to a perception of partisanship.
Trump Administration Violated DOJ Norms By Targeting Political Enemies For Investigations
The DOJ under the Trump administration has been accused by French of violating norms by explicitly targeting political enemies for criminal investigations. He cites the example of the search of John Bolton's property, declaring it a departure from the DOJ's traditional practices. French also mentions how official statements by people like Kash Patel, regarding ongoing investigations, broke the norm of the DOJ's practice of not confirming investigations to protect individuals from the cloud of suspicion without due process.
Firing Prosecutors, Pardoning January 6th Rioters, and Naming Targets Create Two-tiered Justice Favoring Trump Allies
French discusses actions such as the firing of prosecutors from the Jack Smith prosecution team and the pardoning of January 6th rioters. He argues these actions contribute to a system of justice that appears to favor Trump's allies. Identifying political enemies and taking vengeful actions, such as lifting security details, have cast doubt on whether related investigations are conducted with professional integrity. Moreover, French speaks about public pronouncements of vengeance against political enemies by Trump and his administration officials, suggesting the existence of a two-tiered justice system.
Targeting Trump's Foes Via DOJ Undermines Justice System Integrity
This section addresses how the usage of law enforcement agencies for perceived political vendettas impacts the integrity of the justice system in the United States.
Security Detail Removal, Krebs Probe Hint at Political Vengeance via Law Enforcement
French implies that Trump administration’s actions, such as the removal of security details or probes against individuals like Krebs, represent politically-mo ...
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Weaponizing DOJ and Law Enforcement Against Political Opponents
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Counterarguments
- The DOJ's actions under the Trump administration could be interpreted as a response to perceived internal threats or illegal activities, rather than political vendettas.
- The firing of prosecutors and pardoning of individuals may align with the president's constitutional powers and his discretion in law enforcement matters.
- The removal of security details or probes against certain individuals could be justified by undisclosed security assessments or legitimate concerns about their actions.
- The perception of a two-tiered justice system may be influenced by partisan biases, and similar actions may have been overlooked or differently interpreted under previous administrations.
- Concerns about the chilling effect on critics might be overstated, as robust political discourse and criticism of the administration continued throughout Trump's tenure.
- The public pronouncements ...
Actionables
- You can educate yourself on the principles of justice system integrity by reading foundational texts like "The Federalist Papers" or "Democracy in America" to understand the importance of an impartial judiciary. By grasping the historical context and the philosophical underpinnings of justice, you'll be better equipped to recognize deviations from these norms in current events.
- Start a habit of fact-checking information by using tools like Snopes, FactCheck.org, or Google Scholar to research claims about political actions and their legal implications. This practice will help you form informed opinions and resist the spread of misinformation, which can contribute to the politicization of justice.
- Encourage transparent gove ...
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Abuse of Presidential Pardon Power for Partisan Gain
The discussion involving Sam Harris and David French revolves around the potential misuse of presidential pardon power, highlighting concerns that current practices may betray the original intent of the Constitution.
President's Pardon Grants Clemency to Trump's Allies
Harris and French delve into the implications of recent pardons within the political sphere and the concerns that they raise regarding equal justice.
Founders Feared Pardon Abuse For Favoritism, as Seen With Blanket Pardons For January 6th Rioters
Sam Harris notes the contradiction of Trump calling himself a law and order president while pardoning individuals who attacked police officers during the January 6th riots. French explains that within the pro-Trump community—referred to as Trumpistan—there is a belief that January 6th rioters were prosecuted without due process and that the violence they engaged in was exaggerated. Supporters view the rioters as patriots acting on behalf of a president they believe was wrongfully denied his presidency. This aligns with the Founders' fears of clemency used for favoritism, as seen in the blanket pardons for January 6th rioters.
Pardons for Violent Offenders Undermine Rule of Law, Create Two-tier Justice System Perception
The debate during the ratification process of the Constitution raised concerns that a president might use the pardon power in self-interest to grant impunity to friends and allies. This concern has been persistent for over two centuries. The abuse of the pardon power, specifically for political favoritism, was considered a major issue by many founders, particularly the anti-federalists. They feared the pardon power would be used for the bene ...
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Abuse of Presidential Pardon Power for Partisan Gain
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Counterarguments
- The presidential pardon power is a constitutional right that allows for discretion, and its use is not necessarily indicative of abuse or partisanship.
- The Founders included the pardon power to allow for mercy and correction of the justice system, which can include pardoning individuals who are perceived to be treated unfairly by the system, even if they are political allies.
- The perception of a two-tier justice system could also be argued as a result of prosecutorial discretion and not solely on the use of the pardon power.
- The original intent of the pardon power is open to interpretation, and some may argue that it includes broad discretion for the president to use as they see fit, including in cases that may appear politically motivated.
- The use of pardons for allies may be seen as a check on judicial or legislative overreach, rather than an abuse of power.
- The argument that pardons for violent offenders undermi ...
Actionables
- You can educate yourself on the history and purpose of presidential pardons by reading the Federalist Papers, particularly No. 74, where Alexander Hamilton discusses the pardon power. Understanding the founders' intentions will give you a clearer perspective on current events and allow you to form more informed opinions on the use of pardons.
- Start a book club focused on American constitutional history and invite friends or community members to join. By reading and discussing books like "The Federalist Papers" or biographies of the founding fathers, you'll gain insights into the original context of the Constitution's provisions, including the pardon power. This shared learning experience can foster a deeper understanding of how historical intentions compare to modern practices.
- Write a blog or social media posts t ...
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Breakdown of Checks and Balances Between Government Branches
David French has brought to light the flawed perception of the American government's structure, emphasizing the necessity to reassess the balance of powers among the branches, especially in the context of Congress's role versus presidential reach.
Congress Failed to Check Trump's Executive Power Accumulation
French criticizes the common belief that the three branches of the U.S. government are co-equal, arguing that the Constitution actually positions Congress as the supreme authority over the executive branch. He points out that Congress has a host of powerful tools at its disposal, like the power of the purse and the authority to declare war. Additionally, Congress holds the trump card—impeachment, which allows it to remove not just presidents but also Supreme Court justices from office.
Yet, despite these formidable checks and balances, Congress has not fully exercised its constitutional powers to rein in presidential overreach.
"Co-equal" Branches Is a Misconception; Congress Reigns Supreme Over the President
French highlights that it is a misconception to consider the branches as co-equal. He argues that Congress, in fact, has a higher level of authority and can exert significant control over the executive through various means including financial oversight (the power of the purse) and the declaration of war.
Congress Hasn't Fully Used Its Checks Like Power of the Purse to Constrain Presidential Overreach
French points to Congress's lack of assertiveness in using its expansive powers, such as the power of the purse, to curtail the executive branch's overreach, which has allowed issues of unchecked presidential power to arise.
Amending Article II to Restore Balance of Government Powers
The discussion of the breakdown in checks and balances extends to suggestions about how to rectify the situation to safeguard American democracy from future executive abuses.
Structure Lets Corrupt President Undermine American Democracy
French and Harris express concern over how the current structure of the Constitution has permitte ...
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Breakdown of Checks and Balances Between Government Branches
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Counterarguments
- The branches of the U.S. government are often considered co-equal to ensure a system of checks and balances where no single branch can dominate the others, which is a foundational principle of American constitutional theory.
- The assertion that Congress has supreme authority could be challenged by pointing out that the executive branch has certain exclusive powers, such as the role of the president as commander-in-chief, which cannot be usurped by Congress.
- The lack of utilization of Congress's powers to check the president might be defended by the complexity of political dynamics, where bipartisan support is often necessary to take decisive action against presidential overreach.
- The idea that Congress has not used its powers effectively could be countered by instances where Congress has indeed acted to limit executive power, such as imposing sanctions or overriding presidential vetoes.
- The suggestion that a corrupt president can undermine democracy overlooks the resilience of American institutions and the role of the judiciary and free press in exposing and countering such corruption.
- Amending Article II of the Constitution is a ...
Actionables
- You can educate yourself on the legislative process to better understand Congress's role in government. Start by reading simple guides or watching educational videos that explain how a bill becomes a law, the budget process, and the impeachment proceedings. This knowledge will empower you to form informed opinions on whether Congress is effectively using its powers.
- Engage in community discussions to foster a culture of political accountability. Host a casual coffee meet-up or a virtual chat room where neighbors and friends can discuss current events related to Congress's use of power. This creates a grassroots network of citizens who are aware of and care about the balance of power in government.
- Write to your congressional repr ...
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