Former President Donald Trump's allies are working to reshape American law into a weapon to be used against their political enemies, wrote Jesse Wegman in a scathing editorial for The New York Times.
Trump's pick of Sen. J.D. Vance (R-OH) underscores this, he wrote, because Vance embodies the far-right's commitment to a key goal of the controversial Project 2025 plan to transform the government into an authoritarian loyalty cult to the GOP.
Vance, wrote Wegman, "predicted ... that the former president, who had been recently disgraced by his insurrectionary attempt to overturn the 2020 election, would nevertheless run again in 2024. Should Mr. Trump win, Mr. Vance said, he had some advice: 'Fire every single midlevel bureaucrat, every civil servant in the administrative state, replace them with our people.' And if the courts ruled against him? No problem, Mr. Vance said: Just blow them off."
This is already happening, wrote Wegman — and another of Trump's appointees, District Judge Aileen Cannon, is showing how it will work in her move to dismiss the Mar-a-Lago classified documents case, which special counsel Jack Smith is already moving to appeal.
In her decision, Cannon concluded Smith, "Was not validly appointed to his post because no federal law authorizes the appointment of someone from outside the Justice Department to perform that task," wrote Wegman, noting she based this entirely on a non-majority concurrence from Justice Clarence Thomas in the case granting Trump a presumption of immunity in a separate case.
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"As a matter of law and fact, this is not merely wrong, it is flagrantly, embarrassingly wrong ... It is not a close or complicated legal question" — indeed, the Supreme Court ruled the law allows this in 1974, and Cannon pretends they didn't.
These sorts of machinations by Vance and Cannon are exactly what to expect the whole government to become should Trump get his way, Wegman concluded ominously.
"This is what a second Trump term would look like," he wrote. "Ambitious judges who may not have been Trump loyalists at first will watch what’s been happening in recent days and get the message about what it takes to advance their careers. In this way, Judge Cannon embodies the future that Mr. Vance described in 2021. She is part of a legal elite raised on Trumpism that will use their perches in the judiciary and legal world to enforce a one-sided version of law that is about power and outcomes over any liberal principle."
In other words, he said, this is a reality where "the rule of law is for suckers or, worse, only for specific people. Our people."
