Suzanna Sherry on Trump's 'Existential Threat' to US Democracy

Trump's Threat to Democratic Institutions

• ⚠️ Trump's actions are described as an existential threat to democracy due to his efforts to punish and silence critics, particularly the media, lawyers, and universities.
• 🎯 These institutions are identified as crucial for checking government abuses and preventing tyranny.

Attacks on the Press

• 📰 Trump has allegedly banned the Associated Press from press conferences and his FCC is investigating CBS News, leading to resignations.
• 💰 He is also attempting to cut funding for public broadcasting and NPR, signaling a warning to the press against unfavorable coverage.

Pressure on Legal Professionals

• ⚖️ Trump has threatened law firms representing clients he dislikes, warning to strip security clearances and bar entry to federal buildings, hindering their ability to practice law.
• 🤝 Some firms have reportedly agreed to work for him for free, while others are suing, highlighting the pressure on lawyers who act as government checks.

Undermining Universities

• 🎓 Universities like Harvard and Columbia are facing pressure, with Trump freezing grants and threatening tax-exempt status unless they overhaul faculty hiring, admissions, and curriculum.
• 🧠 This control over universities is seen as a threat to the pursuit and dissemination of truth and knowledge.

Habeas Corpus and Constitutional Rights

• 📜 Habeas corpus, a writ to challenge detention, is enshrined in the Constitution and its suspension is limited to cases of rebellion or invasion, requiring Congressional authorization.
• 🏛️ While Lincoln suspended it without direct Congressional permission during the Civil War, historical precedent suggests the President should not have unilateral power to suspend it.
• 🚫 Trump's attempts to suspend habeas corpus, particularly for specific groups like Venezuelan detainees, are unlikely to be upheld by courts.

Birthright Citizenship and Legal Challenges

• 👶 Birthright citizenship, guaranteed by the 14th Amendment, applies to all persons born or naturalized in the US, with narrow exceptions for diplomats and invading forces.
• 🚫 Trump's executive order attempting to restrict birthright citizenship has faced multiple injunctions from lower courts, with the Supreme Court reviewing the issue of universal injunctions.
• ⚖️ Courts have consistently held that Trump cannot eliminate birthright citizenship by executive order, requiring a constitutional amendment for any such change.

Alien Enemies Act and Deportations

• 🚢 The Supreme Court has twice stopped Trump from deporting people under the Alien Enemies Act of 1798.
• 📉 While some lower courts have ruled against Trump's invocation of the act, one court has upheld it, creating a split decision that highlights ongoing legal battles.
• ❓ The enforcement of court judgments, including potential contempt findings, is complicated by the executive branch's control over the Federal Marshal Service.