Trump’s dictatorship will become final if his he successfully rigs the midterms and keeps his enslaved Republicans in control of Congress. But there is a way to stop him.
Trump may not obey injunctions, but the individuals who carry out his illegal orders will out of fear of fines and incarceration for violating them. An injunction against the acts of an Executive agency, such as the Department of Homeland Security, applies to any individual who assists in the violation. And Trump and his administration have satisfied the legal requirements for unconstitutional and other illegal acts to be enjoined in advance. Courts can also require the government to reverse acts already committed by the administration.
Trump and his administration have:
- Eviscerated the bipartisan Election Assistance Commission (EAC), preventing it from distributing funds to advance safe, secure, accurate, and accessible elections. Congress authorized the EAC to make grants to states for election security, appropriated funds for it, and directed the EAC to distribute them pursuant to a statutory formula. Neither the president nor the EAC has authority to impair what Congress has authorized and appropriated for. Such behavior violates the law and Constitution’s core requirement of separation of powers.
- Threatened to withhold 20% of Congress’s $1 billion annual terrorism preparedness grants from states that refuse to adopt voter suppression practices favored by the President. The DHS exceeded the authority Congress gave it and Congress appropriated the $1 billion for such purposes. Use of the DHS to force states to adopt voter suppression practices violates statutes and the Constitution’s core requirement of separation of powers.
- Continues threatening to deploy the military and ICE agents to polling places intending to intimidate voters from making their voices heard at the ballot box. Title 52, Sec. 101(b)provides that “no person, whether acting under color of law or otherwise, shall … attempt to intimidate, …. any other person for the purpose of interfering with their right to vote as they may choose,” and Sec. 101(c) allows injunctions to block such attempts. Democrats could get an injunction against sending ICE agents or other federal officials to the polls where the result is intimidation of voters. The injunction would apply to any individual whose presence at the polls intimidated voters.
- Using federal investigative powers intended to interfere with lawful state governmental functions and intended to interfere with lawful state governmental functions.
- to intimidate election officials could also constitute a conspiracy against rights (18 U.S.C. § 241), deprivation of rights under color of law (18 U.S.C. § 242), and obstruction of justice, if investigations are
The above narrative assumes that, on appeal to the Supreme Court, the Republican majority will obey their oaths tosupport the Constitution and administer fair impartial justice instead of mutilating it to empower Donald Trump.
For a deeper dive into the majority’s betrayal, read Without Precedent by Lisa Graves. She explains how billions of In Without Precedent, Lisa Graves argues that a well-funded, decades-long political campaign succeeded in installing a Supreme Court majority committed to advancing an ideological agenda rather than faithfully applying the Constitution. ultra-right Republican donors funded a three decades-long campaign to install a Supreme Court majority committed to advancing their ideological and political agendas rather than honoring their oaths to faithfully interpret Constitution.
Twitter (X): https://x.com/ChaosPolicy/status/2079250984296222972?s=20
