No One is Facing Their Own Hyperbole

January 2 | Posted by mrossol | Democrat Party, The Left, Trump, US Constitution

No commentary on how wrong they were…
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WSJ 1/2/2018

As Donald Trump heads into his second year as President, we’re pleased to report that there hasn’t been a fascist coup in Washington. This must be terribly disappointing to the progressive elites who a year ago predicted an authoritarian America because Mr. Trump posed a unique threat to democratic norms. But it looks like the U.S. will have to settle for James Madison’s boring checks and balances.

“How to stop an autocracy,” said a Feb. 7, 2017 headline on Vox, ruminating on a zillionword essay in The Atlantic on how Donald Trump might impose authoritarian rule. Academics and pundits mined analogies to Mussolini, Hitler and Vladimir Putin.

Four political scientists even formed something called Bright Line Watch—with the help of foundation money—to “monitor the status of democratic practices and highlight potential threats to American democracy.” Readers won’t be surprised to learn that the only graver threat than Mr. Trump is the Republican Congress that refuses to impeach him.

One of the Bright Line Watch founders, University of Rochester professor Gretchen Helmke, wrote in the Washington Post on April 25, “Could Trump set off a constitutional crisis? Here’s what we can learn from Latin America.”

Far from rolling over Washington institutions like a tank, Mr. Trump seems as frustrated as other Presidents with the limits of his power. He achieved one major legislative goal in tax reform but failed on health care. His border wall isn’t built and he may have to legalize the “Dreamer” immigrants if he wants Congress to approve money for it.

Mr. Trump’s political appointees still aren’t close to fully staffing the executive branch. He’s making more headway on judges, but that’s partly due to former Democratic leader Harry Reid’s decision in 2013 to eliminate the Senate filibuster for judicial nominees. The press cheered on that partisan, mid-session change of Senate rules to pack the courts.

Mr. Trump’s rhetorical attacks on the media are excessive. But for all of his bluster, we haven’t seen a single case of Trump prosecutors seeking warrants to eavesdrop on journalists to discover their sources. Barack Obama’s Justice Department surreptitiously did that to the Associated Press and James Rosen of Fox News in violation of Justice guidelines.

As for legal checks and balances, progressive judges in the lower courts have overturned three versions of Mr. Trump’s travel ban. Their legal analysis is dubious given the Constitution’s grant of authority to the political branches on immigration and national security, and our guess is that the Supreme Court will eventually overrule the lower courts. But the point is that judges are hardly deferring to the Trump Administration. Oh, and since when do tyrants deregulate to take power away from the administrative state?

Mr. Trump is also facing a special counsel investigation with essentially unchecked power to investigate him and his family. Robert Mueller is ostensibly charged with looking into ties between Russians and the 2016 Trump campaign, but Deputy Attorney General Rod Rosenstein appears to have given Mr. Mueller carte blanche.

Attorney General Jeff Sessions recused himself from the Russia probe and seems unable to exert any discipline over the FBI. The Justice Department ultimately reports to Mr. Trump. Yet he can’t even get his nominees at the FBI and Justice to tell Congress what they used as evidence to get a FISA warrant against Trump campaign officials in 2016. Who is the unaccountable authority here?

The real story of the past year is that, despite the daily Trumpian melodrama, the U.S. political system is working more or less as usual. Mr. Trump has sometimes broken with familiar presidential decorum, especially in his public statements and attacks on individuals. But he is paying a considerable political price for that excess with an approval rating below 40% less than a year into his term.

Voters rejected his preferred Senate candidates in Alabama twice. Republicans were routed in Virginia’s elections as Democrats came out in droves, and on present trend the GOP will lose its House majority in November. In other words, we are watching the typical back and forth of American democracy.

Democratic institutional norms are worth defending, which is why we called out the Obama IRS for bias against the tea party. We’ll do the same if Mr. Trump exceeds his constitutional power. But the lesson of the past year is that progressives should have more faith in the American system—whether they’re in power or not. Losing an election isn’t the same as losing a democracy.

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