IdeaLog
A blitzkrieg of lawlessness
Posted on May 1, 2025
We are missing the forest for the trees. Nearly everything Trump and his administration have done is illegal, and that is the whole point. It is an all-out attack on the rule of law and the judicial branch of government.
The United States was founded to reject arbitrary strongman rule (King George III) in favor of the rule of law. The Constitution draws the outlines of this system and the United States Code and the Code of Federal Regulations provide the details. Under the law, any president’s power is limited.
Trump and his coconspirators decided to break as many laws as possible, as quickly as possible, in order to: (1) eliminate law-enforcing federal officials and employees, (2) overwhelm the judicial system with cases about the abuse of executive power, and (3) create a shock-and-awe perception that Trump’s presidential power was unstoppable.
This blitzkrieg of lawlessness should be our overarching talking point about Trump. So specifically, what’s illegal?
Fired federal employees
First, Trump has illegally fired appointees to independent commissions, like the Federal Trade Commission (where Trump fired two Democratic members). But the Supreme Court ruled unanimously in the 1935 case of Humphrey’s Executor v. U.S that the president could not remove members of the Federal Trade Commission on policy grounds and that decision has come to stand for the proposition that the president does not have unlimited power to dismiss members of any independent regulatory body wielding “quasi-judicial and quasi-legislative” power without cause.
Second, Trump has illegally fired thousands of federal employees supposedly during their “probationary” period (many were not) in violation of the Administrative Procedure Act and other statutes defining federal employment. Judges have already reinstated thousands.
Supposedly cancelled contracts
Trump, Musk and DOGE supposedly cancelled thousands of federal contracts. But that’s just false, federal contracts are binding on the federal government. The Trump Administration’s actions are just illegal (and the government will lose these cases in court, and taxpayers will pay for it). It’s well known that Trump has a history of refusing to pay his own contractors, but that tactic only works when the other party doesn’t sue.
Impoundment
Trump has impounded billions of dollars, despite a 1974 law that limits the president’s power to withhold funds and requires him to follow specific steps to delay or rescind funding. Except where specific procedures are followed, and Trump has followed none, any action by the president to stop appropriated federal funds from being spent is illegal.
Due Process
Trump is shredding due process. However, in the extraordinary case of AARP v. Trump, the Supreme Court ordered the Trump administration to halt deportation of a group of Venezuelans without due process. The US Constitution grants due process to everyone, including undocumented immigrants.
Tariffs
Trump is claiming emergency powers to impose tariffs under the International Emergency Economic Powers Act when no “unusual and extraordinary threat” exists. Trump’s back-and-forth decisions about tariffs illustrate that he is wielding his power illegally.
“Clearly authorizes” standard
The Trump Administration has a high burden of proof to justify substantial acts that are a stretch away from the president’s normal power. The “clearly authorizes” doctrine, invented by the Roberts Court, requires the government to point to a “clear congressional authorization” when it makes decisions of great “economic and political significance.” Because Trump cannot, his actions are illegal.
Arbitrary and capricious standard
Actually, no American government can make decisions based on transparent lies. It is simply illegal under the “arbitrary and capricious” rule. And yet, nearly everything Trump has done has been based on transparent lies. It’s illegal.
Strong-armed law firms, universities and media companies
Law firms, universities and media companies have given Trump special favors to avoid threatened government actions against them. As one of the firms has argued in court, this violates the First Amendment and the Fifth Amendment’s due process clause. One judge called such an effort “a shocking abuse of power.” But also, isn’t bribery and extortion simply illegal?
And there are so many other examples. Don’t just say Trump’s actions are wrong. They’re illegal.
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