From Trevor Potter, Campaign Legal Center <[email protected]>
Subject Bad Signs for Democracy as First 100 Days Begins
Date January 24, 2025 6:34 PM
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From the Desk of Trevor Potter
Sworn in at the height of the Great Depression, Franklin D. Roosevelt became the first U.S. president to emphasize the importance of the first 100 days of a new administration, acknowledging the need to move with great urgency to address problems facing the nation. Pressure to act quickly on a policy agenda has only increased in the modern era. This is because presidents are usually most popular at the beginning of their terms and because the window for congressional cooperation shrinks as the midterm elections approach.

FDR’s first 100 days were characterized by a close working relationship with Congress ([link removed]) , producing a huge volume of legislation. Our current president, by contrast, seems entirely focused on unilateral action concentrated in the executive branch. Donald Trump’s inaugural address did not include a recognition of Congress’s preeminent constitutional role in putting policy into law — indeed, there was no mention of Congress at all.
If this past week is any indication, bad news for our system of representational government and democracy will pile up rapidly during the first 100 days of the Trump administration. But we must recognize and call out these abuses to have any hope of stopping them.

First and foremost, I am shocked by the sweeping scope of President Trump’s pardons for some 1,500 people implicated in the January 6, 2021, attack on the U.S. Capitol. This includes those convicted of assaulting Capitol police officers, some while using a deadly weapon. Letting violent criminals who seek to destroy our democracy loose on the country and their home communities makes a mockery of the “law and order” rhetoric we’ve heard so often.

This abuse of power ends lawful efforts to impose consequences on those who attempted to overturn the results of the 2020 election, in defiance of voters and the criminal legal process. Trump’s pardons also send a message to the leaders of vigilante groups that they are insulated from punishment if they commit violent or criminal acts in pursuit of his agenda. The Protecting Our Democracy Act includes a comprehensive proposal ([link removed]) to stop the abuse of the presidential pardon power, and it should be passed by a future Congress.

No one should be surprised that many of the executive orders Trump signed on his first day in office focused on immigration, but his attempt to curtail birthright citizenship stands out as a particularly egregious and unconstitutional order.

Citizenship is the key that unlocks the door to democratic participation. Birthright citizenship, clearly enshrined in the 14^th Amendment to the U.S. Constitution, ensures all Americans, regardless of who their parents are, have equal rights under the law and the opportunity to make their voices heard.

Finally, the Trump administration, as anticipated, is using an executive order to exert its will over the federal workforce. The policy, known as “Schedule F,” ([link removed]) would allow the president to replace career civil servants with political loyalists. If the plan moves forward, it is not difficult to imagine scenarios where federal agencies become tools political agents use for reprisal against political foes.

The last two executive orders I’ve highlighted already face challenges in court. Executive orders have become commonplace during an era of political gridlock, but they are not mentioned in the Constitution, and they do not have the force of law. Rather, they serve as a guide to the executive branch. One very important executive order we have not seen yet from President Trump is a pledge binding political appointees ([link removed]) to ethics standards and restrictions to avoid conflicts of interest.

During the first 100 days of the Trump administration, Campaign Legal Center (CLC) stands ready to hold the president accountable to the will of the people. This includes stopping any action that could threaten Americans’ freedom to vote or have their vote fairly counted.

For instance, we are actively opposing the SAVE Act. If enacted, it could threaten the freedom to vote for all U.S. citizens and undermine election officials across the country who work hard to ensure our elections are safe, secure and accurate. The bill’s documentation requirements would amount to the harshest voter ID law in the nation. CLC has opposed unnecessary laws imposing documentary proof of citizenship for voting ([link removed]) at the state level, and we will continue to do so, including a law that recently took effect in Louisiana ([link removed]) .

One might have thought that misinformation about the fairness and accuracy of our elections would have lost some steam following the result in November 2024. Unfortunately, that turns out to be a dangerous assumption.

We already see convincing evidence that some of the president’s most ardent supporters are hard at work shopping a voter suppression agenda ([link removed]) in state houses across the nation — premised on the same lies about our elections we’ve been hearing since Trump first ran for president. In addition to making it harder for naturalized citizens and others to vote, the proposal calls for eliminating early voting, severely restricting absentee voting and eliminating federal prohibitions on making last-minute changes to the voter rolls before Election Day.

These efforts can be stopped if Americans who believe our democracy ought to be more inclusive band together in opposition.

CLC is committed to uncovering and exposing government actions that violate the law or standards of ethical conduct.

The presidential transition made it abundantly clear that the risk of self-dealing and unlawful behavior by government officials will be elevated as the Trump administration assumes power. The president himself has set the tone by releasing a presidential ethics pledge that falls far short ([link removed]) of the standards we should expect from the nation’s chief executive.

While CLC is keeping a close watch on the president, we’ll also scrutinize his nominees ([link removed]) for top positions of power. Americans deserve a government staffed with officials of unimpeachable character who prioritize loyalty to the Constitution over any one person. To that end, CLC will not hesitate to call out obvious conflicts of interest or seek accountability if government officials violate the law in pursuit of the president’s agenda.

Shortly after the president signed an executive order establishing the much-heralded “Department of Government Efficiency,” or DOGE, CLC filed Freedom of Information Act (FOIA) requests ([link removed]) seeking to uncover the true role and function of this quasi-governmental entity. Accountability and transparency are values worth fighting for, especially when it comes to a process that could ultimately undermine Congress’ constitutionally granted power of the purse.

Defending our democratic values and freedoms is vital. But there will also be opportunities over the next 100 days to make progress and advance innovative solutions that give every American a real voice in the decisions made by elected officials.

At CLC, this means pursuing structural reforms that bring transparency and accountability to our bloated and unregulated campaign finance system; making progress in the fight for fair maps that take partisan politicians out of the redistricting process and give voters a chance to elect representatives of their choice; and working with allies of democracy at the state level to protect and even expand the freedom to vote.

We can — and must — make progress on all of these key issues. CLC will continue our vital work of solving the wide range of challenges facing our democracy, during this administration's first 100 days and beyond.
Sincerely,

Trevor Potter
President, Campaign Legal Center

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