How the end of America begins
Source: Alternet.org · Bias: Left
Summary
Donald Trump‘s Crusade against Kilmar Abrego Garcia is “on life support” as it may finally be dismissed this week or next by District Judge Waverly Crenshaw in Tennessee. But will that be the end of this father’s and husband’s ordeal?This week, I told you about the historic pattern associated with countries moving from democracy to tyranny. First, they start breaking the law and ignoring the Constitution in small ways, and the more they get away with it — and buy off or threaten politicians who may otherwise stop it — the more they do it. We’ve been watching Trump do this almost from the first day of his second term in office.Then I laid out the mechanism behind that, the way men like Trump who want to become dictators co-opt the law by threatening law firms and the media, ignoring judges, and legally, verbally, or physically attacking the press, politicians, and regular citizens who speak out. Trump has done all of these things already, too, just like Vladimir Putin and Viktor Orbán did when they were deconstructing the democracies in Russia and Hungary.Today we look at how a country finally, fully crosses from being a self-correcting democracy into a rigid tyranny like those two countries, and how average people like us can identify that moment in time to do something about it before it is utterly too late.Over the past few months, you may have noticed a rather strange rhythm in the news. A judge orders a man like Kilmar Abrego Garcia released and the Trump regime simply finds another way to hold or punish him. Another court blocks a deportation, and administration officials announce they’ll try again using a different legal strategy.The result is that, as of last week, courts around the country have ruled more than 4,000 times that Trump’s ICE detentions were unlawful, and yet the detentions continue — more than 70,000 people so far, including families and children — while larger facilities are being built every day to hold still more people.Nothing going on here in America resembles the movies we all watched as kids. Nobody announces the end of the Constitution and the rise of a new dictator or regime. The courts still appear to otherwise function, lawyers still argue their cases, and judges still write opinions explaining why the regime has overstepped its authority. Sometimes, like with the judge who just ordered Trump’s lickspittles to restore the history of George Washington’s slave-holding, their opinions are even blunt and scathing.On paper the system appears intact, but in practice something subtler has been happening with greater and greater frequency, particularly since last summer: the rulings by the judges and the outcomes that seem to contradict them slowly drift apart. The legal system, in other words, is beginning to crack and fail under the strain of their constant “unitary executive” attacks that use the Project 2025 arguments that Trump is above the law.This is how the end of democracy begins.Most of us were taught a reassuring civics lesson when we were young. We were told that when our government acts illegally, we can simply go to court and the court would fix the situation. The lawsuit may take time, but once the judge decides, the matter is settled.That belief is the quiet foundation beneath every other freedom enjoyed by the citizens of any functioning democracy. We rely on it when we speak, when we vote, and when we criticize or ridicule those in power. We assume that somewhere in the background, operating quietly but irresistibly, there exists a constitutional place where the arguments end and the court’s decisions hold those in power to account, restoring balance and maintaining our democracy.But that’s a damn fragile assumption that hasn’t been tested in our lifetimes because we haven’t had a lawless president before, so we can easily fail to recognize it.However, the men who wrote the Constitution — who’d actually lived under a very real tyranny — understood the fragility of that assumption through their own personal experience. They’d lived under a corrupt government that repeatedly insisted it was acting lawfully while colonists instead experienced exploitation, abuse, and brutality.In the 1770s, history books tell us, British officials could always produce a justification for their actions. Doors were kicked in under broad and often specious warrants or no warrant at all, people were sent to prison in rigged trials, and the local judges who didn’t work for the King but stood for the rule of law were brushed aside because the King and his men said so.Even though the British authorities always claimed a legal excuse for what they were doing, people still felt pushed around and powerless. The problem wasn’t that there were no laws, but that the regime could keep doing whatever it wanted while everyone argued about whether it was actually allowed.
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