David Frum and Peter Keisler on Due Process, Executive Overreach, and the Rule of Law

Assault on Due Process

• ⚠️ The Trump administration's practice of deporting and detaining individuals without hearings is described as an assault on due process, threatening American justice.
• ⛓️ Individuals are being sent to maximum security prisons in El Salvador, paid for by the U.S. government, without hearings or the ability to challenge their detention.
• ⚖️ The Supreme Court has rebuked the administration, striking down a legal strategy that aimed to bypass courts by bundling people onto planes without notice and then claiming they were no longer in U.S. custody.

Erosion of Legal Norms

• 🏛️ The administration's actions, particularly regarding detention and deportation, are seen as unprecedented and serious, demonstrating contempt for court orders.
• 📉 There's a concern that the administration is building an apparatus for non-due process arrests and incarcerations that will be difficult to limit.
• ⚖️ The Supreme Court's recent decision is remarkable for its strong stance against the administration's legal strategy, particularly the 1:00 AM order to halt removals.

Presidential Power and the Federal Reserve

• 🏦 The discussion touches on the president's threats to Federal Reserve Chair Jerome Powell and the norm that the president cannot fire the Fed chair for policy reasons.
• 📜 Historically, presidents have respected the independence of the FBI director, but Trump has broken this norm, appointing loyalists.
• 📉 The Federal Reserve's independence is crucial for monetary policy, and any direct political control would be a disaster, a point the court may try to avoid deciding directly.

Conflicts of Interest and Post-Legality

• 🏢 The role of Elon Musk as a special government employee is questioned, highlighting the potential for conflict of interest due to his vast financial holdings and broad government authority.
• ⚖️ The traditional process of disclosing financial interests and receiving guidance is bypassed by Musk's self-policing approach, which is not how government service typically operates.
• ❓ There's a debate on whether we are entering a post-legality world where legalities no longer matter, especially when institutions meant to enforce conflict of interest laws may be compromised.

Rebuilding and Accountability

• 🇺🇸 The U.S. tradition of turning the page on past political history is contrasted with the current situation, where Trump's actions are seen as so egregious they may not allow for oblivion.
• 🛠️ The focus for a new administration should be on repairing damage rather than solely on accountability for past misdeeds, though subordinates may still face legal liabilities.
• 🗳️ The importance of elections and organizing is emphasized as the primary means to combat autocracy and kleptocracy, rather than solely relying on the courts.

Reclaiming Terms and Civic Engagement

• 🗣️ Reclaiming terms like "globalist" is important because they are used to link generally approved concepts like international trade with more mysterious or threatening institutions.
• 🤝 Individuals can take meaningful action by organizing, voting, and supporting effective governance within political parties, rather than waiting helplessly.
• 💡 The needle of change moves slowly, but individual efforts, when combined, are powerful in fostering understanding and upholding democratic principles and norms.