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From the Desk of Trevor Potter
The first weeks of the second Trump administration have seen a blur of presidential directives from the White House that almost defy description. This approach to governing, coined by some Trump allies as “flooding the zone,” ([link removed]) makes it difficult to fully process the consequences of any particular action.

In this environment, a news story about renaming the Gulf of Mexico ends up next to a story about an attempt to end the U.S. Constitution’s guarantee of birthright citizenship. Some of these actions clearly violate laws or the Constitution, while others are empty propaganda exercises (like stating that it is the policy of the administration to lower grocery prices ([link removed]) ).
Amidst the noise and commotion, the stakes are indeed high in this unprecedented time of challenge for the rule of law and our constitutional structure. In response to scores of far-reaching executive orders and other actions, dozens of lawsuits ([link removed]) have been filed, challenging everything from illegal firings to the withholding of previously approved funding for medical research.

What these lawsuits have in common is opposition to an unprecedented power grab by the chief executive and those under his command that defies our government’s system of checks and balances. Many of these lawsuits have been successful so far. Our Constitution outlines three separate branches of government, meaning the president is not a king who can wield absolute power.

One of those branches, the judiciary, is now being asked to weigh in, with much riding on the outcome of these cases and the Trump administration’s response to court rulings. To understand the gravity of what is happening, consider that many legal experts are sounding the alarm about how close we are to a genuine constitutional crisis ([link removed]) should the administration openly defy court rulings, especially from the U.S. Supreme Court.

Reacting to recent events, the American Bar Association has called on elected officials, attorneys and legal organizations to support the rule of law ([link removed]) and respect the judicial process ([link removed]) .

At the heart of this storm of lawlessness is the U.S. DOGE Service, directed by the world’s wealthiest person and President Trump’s biggest political donor, Elon Musk. The list of DOGE transgressions is too long to detail here, but a clear pattern has emerged: Identify an agency or an office within the federal government doing things Musk, President Trump or his supporters do not like. Accuse the agency of wasteful spending. Threaten the agency’s workforce and access its most sensitive data to identify and cancel programs randomly or across the board without regard for the unintended consequences — all the while claiming, with little to no evidence, that money is being saved.

A New York Times analysis uncovered troubling connections ([link removed]) between many agencies targeted by DOGE and Musk’s business ventures. Indeed, it is impossible to ignore the obvious conflicts of interest inherent in this arrangement, with Musk not making the slightest effort to disentangle himself from his businesses ([link removed]) as DOGE personnel fan out across the federal government.

Legal battles over Trump administration actions and the rapid dismissal of independent lawyers across the government evoke a 500-year-old line from Shakespeare, “The first thing we do, let’s kill all the lawyers.” Some, like Justice John Paul Stevens in a 1985 opinion ([link removed]) , have interpreted it to mean that “disposing of lawyers is a step in the direction of a totalitarian form of government.” It's a phrase recognizing that the law provides an essential framework for organizing society and settling disputes in a way that protects people’s basic rights.

Abandoning the rule of law opens the door to corruption and chaos, which takes many forms:
* Disregarding the separation of powers by freezing funds already appropriated by Congress, canceling federal contracts and illegally dissolving important federal agencies without congressional approval.
* Corrupting the U.S. Department of Justice ([link removed]) by dissolving the traditional wall between it and the White House. Following DOJ’s move to drop corruption charges against New York City Mayor Eric Adams, we at Campaign Legal Center (CLC) have called for the Federal Election Commission (FEC) to investigate the mayor’s campaign finance scandal ([link removed]) .
* Destroying the network of government-funded organizations that work around the world ([link removed]) to advance democracy and fight dictatorships.
* Firing the military’s top lawyers ([link removed]) (judge advocates general or JAGs) who provide independent legal advice to senior military officers to avoid breaking U.S. law or the laws of armed conflict.
* Firing — without cause and in violation of the law — the independent inspectors general across the federal government who are tasked with upholding ethical standards by policing waste, fraud and abuse ([link removed]) .
* Threatening the integrity of future elections ([link removed]) by shutting down a special Federal Bureau of Investigation (FBI) unit tasked with investigating foreign threats to our elections, forcing resignations at the Cybersecurity and Infrastructure Security Agency (CISA) and freezing that agency’s work with state and local election officials to prevent foreign hacking of U.S. elections.

Of course, going to court does not guarantee success against any of this. In our system of government, plaintiffs must prove they have a right to sue (that is, standing) and must present convincing evidence of wrongdoing to get a ruling that stops executive branch actions.

If a favorable ruling is obtained, however, the administration must comply with lawful court orders. That is how our system of checks and balances is designed, and it is what the American people expect of their elected leaders. CLC will continue fighting ([link removed]) to ensure our democracy is protected from a president who seems all too willing to ignore our foundational principles and move the nation closer to autocracy.
Sincerely,

Trevor Potter
President, Campaign Legal Center

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