Another awesome essay. I got a really good education in civics back when education was still good and civics was still taught, but this essay gets to some fine points (AKA weeds) that a high school class just won't get into. Thanks for continuing my education!
Gabe you may not be paying close attention to the immigration situation because folks with papers are also being picked up and terrorized by ICE. It is unclear that no one with papers has been deported. But that said. This administration has stoped funding that was approved by Congressional appropriations to USAID and other agencies. Just because he hasn’t stopped all payments to all contractors doesn’t mean he hasn’t impounded some funds and I find it hard to believe that it’s some technical snafu. And I don’t understand how you seem to believe what he says. (Hasn’t he lied enough for you? And I’m not talking hyperbole or spin but outright lies). Impoundment does seem to meet your definition.
Finally, talk about Obama or Biden all you want but the examples you gave were all to help Americans and our allies. Nothing this administration is to help anyone except himself and his cronies. Frankly I am so proud that attorneys, even members of the Heritage Foundation are resigning rather than dropping federal charges against New York’s mayor. Would be nice if you really quit finding excuses for this administration. You never gave Biden an inch but you’re giving this guy 1,000s of miles. When the press does this they aid and abet the violation of our constitution. I believe you need to read more about Turkey and Hungary and pre war Germany and exactly how people, including a docile press, reacted to the autocratic behavior of their leaders until it was too late
Re: Thursday Night Massacre. In Tony Judt's book Postwar, he describes how post WWII communists, after rejection at the ballot box, insinuated themselves with the fringes of the fringes of the parties in power. Ultimately they gained enough influence to win elections and install corrupt communist leaders. This is what disturbs me about Trump pardoning Blagojevich and dropping charges against Adams.
I recognize that this is a TRO rather than a final ruling, but I do find it strange that you have yet to address the fact that the administration is explicitly ignoring court orders telling them that they can't keep funds frozen. This looks to me like something that falls squarely within the "if the executive branch ever tries to do something, the judicial branch says it can’t, and the executive branch does the thing anyways, openly ignoring the courts and undermining the rule of law" framework you've been using. What am I missing?
Oh thanks I'd missed that one, sorry. So seems like the argument is it can't be a crisis until there's a final Supreme Court ruling that's being ignored? Anything short of that it sounds like you'd argue falls under the heading of the administration claiming that what it's doing doesn't actually run afoul of judicial orders and those claims working their way through the judicial system as intended?
If so I'm not sure that really holds water here in light of rulings like this: https://storage.courtlistener.com/recap/gov.uscourts.rid.58912/gov.uscourts.rid.58912.96.0_2.pdf, which admittedly came down shortly after you published the linked piece. It makes the judge's views on who's correct (not the administration) very clear (and it's based on extremely settled precedent), and despite this, various funds remain frozen days later. So we've already got a problem of the administration refusing to comply with basic settled procedures for what's allowable while a case is being litigated. Seems like that's the executive doing something despite being told it can't by the judicial.
Gabe it seems that almost every time I read one of your posts my blood pressure climbs exponentially. I finally figured out why your analyses trigger my anger. It seems to me that you tend to make it sound like everything going on is normal —everybody does it so not really a big deal. And any 1 item might not be a big deal but the sum of all the pieces is most definitely NOT normal. This 2nd round is starting to make the first look like a walk in the park and we all know how he damaged us as a country and individually during the first go ‘round. So while I thought I would read you to get a sense of the middle, I am terrified by what seems to me to be a normalization of fanatics, lies, incompetence, disregard for the rule of law and just plain hate. If you speak to the middle, I need to take my 72 yr old body and my rollater back to the street to protest as loudly and clearly as possible because the middle is part of the danger. That said I’m gonna take a break from your posts and I’m not sure when or if I’m coming back.
How many times does the Court need to tell Trump Administration that they must fully comply with restoring funding streams to federal recipients or to USAID before they are defying the orders? Yesterday Mast wrongfully claimed in a congressional hearing that PEPFAR aid had been resumed, but that does not actually seem to be the reality on the ground.
Thank you, Gabe. A well thought out post. Now a question: Do you see Trump's recent deportation actions (specifically, the Venezuelans deported to El Salvador and the Brown U. MD who was deported) as examples of a constitutional crisis?
Gabe, Thanks for your articles that I can actually understand. I am trying to call my House and Senate reps every week with a concern that I want them to consider. But this week both houses are out of session. My issue the last two weeks has been DOGE. Do you have a suggestion for what I could be concerned about with them this week?
The initial reporting on the "Thursday Night Massacre" was succinct. Do you think it could lead to an impeachment vote in the Hose against Bove, for not discharging his duty to the Constitution, instead of supporting a quid pro quo?
One more thing — the first rule of investigation is follow the money. Pay more attention to the source of the money. Who is getting it. Who is not getting it and what is the proof that there is fraud. If there is proof, then why not use the courts to prosecute?
BTW your definition that the court that’s being ignored is only SCOTUS is pretty lame. A TRO is a TRO no matter which court. Will you find a problem of a federal judge issues a criminal violation that requires the US Marshal Service to enforce the TRO and the USMS doesn’t enforce because DOJ tells them not to?
All these court rulings are about to go away as the legislative branch makes it clear that they support the executive branch's actions. Excited to move on to new topics: Epstein files (including the client lists), JFK (two shooters?), and new stories on the fraud, waste and abuse front. Did FEMA really pay $59 million to NY hotels to house illegal aliens at double normal room rates even at a 100% occupancy rate?
Fully accept your reasoning on these three historical examples, but the immediate question is: does what's happening NOW constitute a "constitutional crisis" according to the marker you laid down on 05 February. FWIW, Robert Reich is now explicitly calling it a "coup".
Yikes—your 10 Feb column was the only one this year I'd failed to open. Distracted by the news-of-the-day on NPR and attending a Gaza lecture at GU.
Gabe, thank you for the rational professionalism of your reporting—helping me to keep sane. And, I'm appreciating that there's a distinction between your use of "crisis" and Reich's use of "coup".
On a more personal note, I believe you know one of my last GU students, Hugh McKelvy. And FWIW, one of my much-earlier GU students was Hagan Scotten.
Gabe, thanks for the clarification on these points. You have convinced me, for now at least!
Thanks for the question!
Another awesome essay. I got a really good education in civics back when education was still good and civics was still taught, but this essay gets to some fine points (AKA weeds) that a high school class just won't get into. Thanks for continuing my education!
Gabe you may not be paying close attention to the immigration situation because folks with papers are also being picked up and terrorized by ICE. It is unclear that no one with papers has been deported. But that said. This administration has stoped funding that was approved by Congressional appropriations to USAID and other agencies. Just because he hasn’t stopped all payments to all contractors doesn’t mean he hasn’t impounded some funds and I find it hard to believe that it’s some technical snafu. And I don’t understand how you seem to believe what he says. (Hasn’t he lied enough for you? And I’m not talking hyperbole or spin but outright lies). Impoundment does seem to meet your definition.
Finally, talk about Obama or Biden all you want but the examples you gave were all to help Americans and our allies. Nothing this administration is to help anyone except himself and his cronies. Frankly I am so proud that attorneys, even members of the Heritage Foundation are resigning rather than dropping federal charges against New York’s mayor. Would be nice if you really quit finding excuses for this administration. You never gave Biden an inch but you’re giving this guy 1,000s of miles. When the press does this they aid and abet the violation of our constitution. I believe you need to read more about Turkey and Hungary and pre war Germany and exactly how people, including a docile press, reacted to the autocratic behavior of their leaders until it was too late
Re: Thursday Night Massacre. In Tony Judt's book Postwar, he describes how post WWII communists, after rejection at the ballot box, insinuated themselves with the fringes of the fringes of the parties in power. Ultimately they gained enough influence to win elections and install corrupt communist leaders. This is what disturbs me about Trump pardoning Blagojevich and dropping charges against Adams.
I recognize that this is a TRO rather than a final ruling, but I do find it strange that you have yet to address the fact that the administration is explicitly ignoring court orders telling them that they can't keep funds frozen. This looks to me like something that falls squarely within the "if the executive branch ever tries to do something, the judicial branch says it can’t, and the executive branch does the thing anyways, openly ignoring the courts and undermining the rule of law" framework you've been using. What am I missing?
Hi Pelti, addressed that here: https://www.wakeuptopolitics.com/p/vance-musk-lay-groundwork-for-ignoring
Oh thanks I'd missed that one, sorry. So seems like the argument is it can't be a crisis until there's a final Supreme Court ruling that's being ignored? Anything short of that it sounds like you'd argue falls under the heading of the administration claiming that what it's doing doesn't actually run afoul of judicial orders and those claims working their way through the judicial system as intended?
If so I'm not sure that really holds water here in light of rulings like this: https://storage.courtlistener.com/recap/gov.uscourts.rid.58912/gov.uscourts.rid.58912.96.0_2.pdf, which admittedly came down shortly after you published the linked piece. It makes the judge's views on who's correct (not the administration) very clear (and it's based on extremely settled precedent), and despite this, various funds remain frozen days later. So we've already got a problem of the administration refusing to comply with basic settled procedures for what's allowable while a case is being litigated. Seems like that's the executive doing something despite being told it can't by the judicial.
They are not ignoring the ruling. Funding ban was lifted days ago…
The memo was rescinded, however, numerous federal agencies have nonetheless kept funds frozen. Two prominent examples being EPA and USAID - see for eg here: https://www.cnn.com/2025/02/13/politics/federal-funding-frozen-despite-court-orders/index.html
This is excellent. Thank you for taking the time to walk through these examples!
Gabe it seems that almost every time I read one of your posts my blood pressure climbs exponentially. I finally figured out why your analyses trigger my anger. It seems to me that you tend to make it sound like everything going on is normal —everybody does it so not really a big deal. And any 1 item might not be a big deal but the sum of all the pieces is most definitely NOT normal. This 2nd round is starting to make the first look like a walk in the park and we all know how he damaged us as a country and individually during the first go ‘round. So while I thought I would read you to get a sense of the middle, I am terrified by what seems to me to be a normalization of fanatics, lies, incompetence, disregard for the rule of law and just plain hate. If you speak to the middle, I need to take my 72 yr old body and my rollater back to the street to protest as loudly and clearly as possible because the middle is part of the danger. That said I’m gonna take a break from your posts and I’m not sure when or if I’m coming back.
How many times does the Court need to tell Trump Administration that they must fully comply with restoring funding streams to federal recipients or to USAID before they are defying the orders? Yesterday Mast wrongfully claimed in a congressional hearing that PEPFAR aid had been resumed, but that does not actually seem to be the reality on the ground.
Let's stop reaching. And Biden openly defied our country's immigration Iaws. He should have been Impeached.
Thank you, Gabe. A well thought out post. Now a question: Do you see Trump's recent deportation actions (specifically, the Venezuelans deported to El Salvador and the Brown U. MD who was deported) as examples of a constitutional crisis?
Great article and amazing insight! Thanks, Gabe. I honestly had no idea all that behind the scenes so that is pretty cool to learn.
Gabe, Thanks for your articles that I can actually understand. I am trying to call my House and Senate reps every week with a concern that I want them to consider. But this week both houses are out of session. My issue the last two weeks has been DOGE. Do you have a suggestion for what I could be concerned about with them this week?
The initial reporting on the "Thursday Night Massacre" was succinct. Do you think it could lead to an impeachment vote in the Hose against Bove, for not discharging his duty to the Constitution, instead of supporting a quid pro quo?
Only if republicans grow a backbone
It would take less than a handful if the Democrats vote amass for it.
One more thing — the first rule of investigation is follow the money. Pay more attention to the source of the money. Who is getting it. Who is not getting it and what is the proof that there is fraud. If there is proof, then why not use the courts to prosecute?
BTW your definition that the court that’s being ignored is only SCOTUS is pretty lame. A TRO is a TRO no matter which court. Will you find a problem of a federal judge issues a criminal violation that requires the US Marshal Service to enforce the TRO and the USMS doesn’t enforce because DOJ tells them not to?
All these court rulings are about to go away as the legislative branch makes it clear that they support the executive branch's actions. Excited to move on to new topics: Epstein files (including the client lists), JFK (two shooters?), and new stories on the fraud, waste and abuse front. Did FEMA really pay $59 million to NY hotels to house illegal aliens at double normal room rates even at a 100% occupancy rate?
Fully accept your reasoning on these three historical examples, but the immediate question is: does what's happening NOW constitute a "constitutional crisis" according to the marker you laid down on 05 February. FWIW, Robert Reich is now explicitly calling it a "coup".
Hi Howard, wrote about that here: https://www.wakeuptopolitics.com/p/vance-musk-lay-groundwork-for-ignoring
Yikes—your 10 Feb column was the only one this year I'd failed to open. Distracted by the news-of-the-day on NPR and attending a Gaza lecture at GU.
Gabe, thank you for the rational professionalism of your reporting—helping me to keep sane. And, I'm appreciating that there's a distinction between your use of "crisis" and Reich's use of "coup".
On a more personal note, I believe you know one of my last GU students, Hugh McKelvy. And FWIW, one of my much-earlier GU students was Hagan Scotten.
Exactly….the examples were the past