The Dictatorship
A senator told the FBI to go after Texas Democrats. And then what?
How do you prevent tyranny and preserve liberty? The framers of the U.S. Constitution set themselves this task when they convened nearly 240 years ago. Their solution — creating formally independent branches of government — rested on the assumption that a restless desire for power was an immovable fixture of human nature. By vesting shared powers in the rival branches like the president’s veto on legislation and Congress’ role in approving executive nominees and control over spending, they thought they could force the branches into conflict if any of them sought to impose its will on the others, or the country.
The abdications of the Republican Congress and conservativeSupreme Court in the past seven months have thoroughly discredited the framers’ assumption about human nature. Partisanship has proved more powerful than the separation of powers.
Presidents this historically unpopular would expect to see dramatic losses in Congress in any free and fair election.
So, it should not surprise us that the last remnant of the Constitution’s system of checks and balances is the one that remains partly in Democratic hands: state governments. The independent authority of state governments enshrined in the Constitution, which enables them to legitimately contest federal power, is what political scientists and legal scholars call federalism. Now it appears that Trump is seeking to extend his successful subversion of Congress and the Supreme Court to overcome federalism as well.
The president’s recent demand that Texas and other Republican-controlled states engage in an irregular mid-decade redistricting effort is an unprecedented incursion into state authority. In Texas, Trump aims to transmute five House seats held by Democrats into five that Republicans could win handily in 2026. Given the chamber’s narrow margin, these five seats alone could determine who controls the House after the midterm elections — regardless of who gets more votes.
This is the key to the entire plot. The president’s party usually loses seats in midterm elections. The Democratic lead on the generic ballot is currently small, but likely large enough to overcome Republicans’ razor-thin majority in the House. Trump is already the most unpopular modern president at this point in a new term — other than himself at this time in his first term. In fact, he is currently more unpopular than he was on the eve of the 2018 midterm election, in which his party lost control of the House. Presidents this historically unpopular would expect to see dramatic losses in Congress in any free and fair election.
But after his loss in the 2020 election and the insurrection of Jan. 6, 2021, Trump seems determined not to allow apparent election losses to again obstruct his power. Though gerrymandering is nearly as old as the United States, Trump is the first president to attempt a nationwide effort to secure his party control of the House by gerrymandering immediately before the election. In the context of the Congress and Supreme Court’s surrender to Trump and his record of election denial, this is best understood as an effort to secure what can only be characterized as autocratic control over all of American government.
Trump is seeking to shield himself from the will of the voters by having his allies redraw legislative districts. It is a familiar strategy of authoritarian governments that seek to masquerade as robust democracies. They change the rules of electoral competition to favor their allies and make it unfairly or impossibly difficult for the opposition to win power.
Trump is seeking to shield himself from the will of the voters by having his allies redraw legislative districts.
None of this is lost on the Texas Democratic legislators who fled the state to prevent the redistricting plan from going through, or the Democratic governors supporting them. California’s Gavin Newsom has clearly signaled he understands the stakes. In a meeting with some of the Texas Democrats, he said, “Donald Trump called up [Texas] Gov. Abbott for one simple reason: to rig the 2026 election.” He characterized the redistricting effort as an “undemocratic” effort to keep Trump in power without meaningful congressional oversight.
New York Gov. Kathy Hochul said the effort was “nothing less than a legal insurrection” and that “if Republicans are willing to rewrite the rules to give themselves an advantage, then they’re leaving us no choice. We must do the same.”
Illinois Gov. JB Pritzker has probably been the most aggressive of the Democratic governors supporting the Texas legislators, promising not only to house them but also to shield them from potential arrest by federal agents. Though it is unclear how serious that danger is, Sen. John Cornyn, R-Texas, said the FBI had agreed to assist in their return and Trump said the FBI “may have to” go get them.
It thus seems that the Texas gerrymander effort and the resulting flight of the state’s Democratic lawmakers may lead to a face-off between a Democratic-controlled state government, or several of them, and federal officials helping to indirectly carry out Trump’s gerrymandering directive. Moreover, all three governors, as well as state legislators in Marylandhave signaled a willingness to consider unprecedented (and often technically difficult) redistricting efforts in their own states to counter Trump’s push. This is federalism in dramatic form.
These governors are signaling that American federalism will not be overthrown as easily as the Congress and Supreme Court. It is impossible to predict how all this will be resolved, but there is considerable reason to think these states will not abjectly surrender like congressional Republicans or the Roberts Court. There’s still a fight to be had here. Thankfully for the Constitution, these Democrats seem willing to have it.
Kevin J. Elliott
Kevin J. Elliott is a political scientist at Yale University and the author of “Democracy for Busy People.” He teaches and does research on democratic theory, comparative institutional design, and the history of political and economic thought.
The Dictatorship
Judge blocks Trump order to end funding for NPR and PBS
WASHINGTON (AP) — Citing the First Amendment, a federal judge on Tuesday agreed to permanently block the Trump administration from implementing a presidential directive to end federal funding for National Public Radio and the Public Broadcasting Service, two media entities that the White House has said are counterproductive to American priorities.
The operational impact of U.S. District Judge Randolph Moss’ decision was not immediately clear — both because it will likely be appealed and because too much damage to the public-broadcasting system has already been done, both by the president and Congress.
Moss ruled that President Donald Trump’s executive order to cease funding for NPR and PBS is unlawful and unenforceable. The judge said the First Amendment right to free speech “does not tolerate viewpoint discrimination and retaliation of this type.”
“It is difficult to conceive of clearer evidence that a government action is targeted at viewpoints that the President does not like and seeks to squelch,” wrote Moss, who was nominated to the bench by President Barack Obama, a Democrat.
White House spokesperson Abigail Jackson said Moss’ decision is “a ridiculous ruling by an activist judge attempting to undermine the law.”
“NPR and PBS have no right to receive taxpayer funds, and Congress already voted to defund them. The Trump Administration looks forward to ultimate victory on the issue,” Jackson said in a statement.
PBS, with programming ranging from “Sesame Street” and “Mister Rogers’ Neighborhood” to Ken Burns’ documentaries, has been operating for more than half a century. NPR has news programming from “All Things Considered” and cultural shows like the “Tiny Desk” concerts. For decades, the fates of both systems have been part of a philosophical debate over whether government should help fund their operations.
Punishment for ‘past speech’ cited in decision
The judge noted that Trump’s executive order simply directs that all federal agencies “cut off any and all funding” to NPR, which is based in Washington, and PBS, based in Arlington, Virginia.
“The Federal Defendants fail to cite a single case in which a court has ever upheld a statute or executive action that bars a particular person or entity from participating in any federally funded activity based on that person or entity’s past speech,” the judge wrote.
Last year, Trump, a Republican, said at a news conference he would “love to” defund NPR and PBS because he believes they’re biased in favor of Democrats.
“The message is clear: NPR and PBS need not apply for any federal benefit because the President disapproves of their ‘left wing’ coverage of the news,” Moss wrote.
NPR accused the Corporation for Public Broadcasting of violating its First Amendment free speech rights when it moved to cut off its access to grant money appropriated by Congress. NPR also claims Trump wants to punish it for the content of its journalism.
“Public media exists to serve the public interest — that of Americans — not that of any political agenda or elected official,” said Katherine Maher, NPR’s president and CEO. She called the decision a decisive affirmation of the rights of a free and independent press.
PBS chief Paula Kerger said she was thrilled with the decision. The executive order, she said, is “textbook” unconstitutional viewpoint discrimination and retaliation. “At PBS, we will continue to do what we’ve always done: serve our mission to educate and inspire all Americans as the nation’s most trusted media institution.”
Last August, CPB announced it would take steps toward closing itself down after being defunded by Congress.
A victory, though incremental, for press freedom
Plaintiffs’ attorney Theodore Boutrous said Tuesday’s ruling is “a victory for the First Amendment and for freedom of the press.”
“As the Court expressly recognized, the First Amendment draws a line, which the government may not cross, at efforts to use government power — including the power of the purse — ‘to punish or suppress disfavored expression’ by others,” Boutrous said in a statement. “The Executive Order crossed that line.”
The judge agreed with government attorneys that some of the news outlets’ legal claims are moot, partly because the CPB no longer exists.
“But that does not end the matter because the Executive Order sweeps beyond the CPB,” Moss added. “It also directs that all federal agencies refrain from funding NPR and PBS — regardless of the nature of the program or the merits of their applications or requests for funding.”
NPR and three public radio stations sued administration officials last May. While Trump was named as a defendant, the case did not include Congress — and the legislative body has played a large role in the public-broadcasting saga in the past year.
Trump’s executive order immediately cut millions of dollars in funding from the Education Department to PBS for its children’s programming, forcing the system to lay off one-third of the PBS Kids staff. The Trump order didn’t impact Congress’ vote to eliminate the overall federal appropriations for PBS and NPR, which forced the closure of the Corporation for Public Broadcasting, the entity that funneled that money to the TV and radio networks.
___
AP Media Writer David Bauder and AP writer Darlene Superville contributed to this report.
The Dictatorship
‘I don’t care about that’: Trump moves the goal posts on Iran’s uranium stockpile
More than a month into the war in Iran, there’s still great uncertainty about why the United States launched this military offensive in the first place. There’s reason to believe, however, that the conflict has something to do with Iran’s nuclear program.
At an unrelated White House event on Tuesday, for example, Donald Trump said“I had one goal: They will have no nuclear weapon, and that goal has been attained.”
It was a curious comment, in part because by the president’s own assessmentIran didn’t have a nuclear weapon before he decided to launch the war, and in part because Secretary of State Marco Rubio this week presented the administration’s four major objectives in the conflict, none of which had anything to do with Iran’s nuclear program.
As for whether Trump’s newly manufactured “goal” has actually been “attained,” The New York Times reported“Unless something changes over the next two weeks — the target Mr. Trump set to begin withdrawing from the conflict — he will have left the Iranians with 970 pounds of highly enriched uranium, enough for 10 to a dozen bombs. The country will retain control over an even larger inventory of medium-enriched uranium that, with further enrichment, could be turned into bomb fuel, if the Iranians can rebuild that capacity after a month of steady bombing.”
The American president has acknowledged that these details are true, though he apparently no longer cares. Ahead of an Oval Office address to the nation about the war in Iran, the Republican spoke to Reuters about his perspective:
Of the enriched uranium, Trump said: ‘That’s so far underground, I don’t care about that.’
‘We’ll always be watching it by satellite,’ he added. He said Iran was ‘incapable’ of developing a weapon now.
The president’s comments definitely have a practical element: It’s been an open question for weeks as to whether Trump intends to try to seize Iran’s uranium stockpile, which would require ground troops and be profoundly dangerous for U.S. military service members.
If Trump told Reuters the truth and is prepared to let Iran keep the uranium it already has because he no longer “cares about that,” it would drastically reduce the likelihood of a ground invasion — one that would almost certainly cost lives.
But there’s another element to this worth keeping in mind as the process moves forward: Ever since the Obama administration struck the original nuclear agreement with Iran in 2015, Trump has insisted that it was wrong to allow the country to hold onto nuclear materials that might someday be used in a nuclear weapon.
A decade later, he’s suddenly indifferent to Iran’s uranium stockpile — which has only grown larger since Trump abandoned the Obama-era policy.
Trump’s goalposts, in other words, are on the move.
Indeed, if the American president’s comments reflect his true perspective (and with this guy, one never really knows), we’re due for a serious public conversation about the motives and objectives for the war. Because as things stand, before the war, Iran had a regime run by radical religious clerics and the Islamic Revolutionary Guard; the country had a significant uranium stockpile; and the Strait of Hormuz was open.
And now, Trump’s apparent vision for a successful offensive will include Iran with a regime run by radical religious clerics and the Islamic Revolutionary Guard; the country still holding a significant uranium stockpile; and the Strait of Hormuz will be open.
Mission accomplished, I guess?
Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”
The Dictatorship
Mike Johnson caves to the Senate, paving the way for likely DHS shutdown deal
Just days after labeling the Senate deal to end the record-breaking shutdown at the Department of Homeland Security a “crap sandwich,” Speaker Mike Johnson, R-La., now appears ready to swallow it whole.
Johnson and Senate Majority Leader John Thune, R-S.D., announced Wednesday they will move forward with the two-track approach senators unanimously backed last Friday. They will pass a bill to fund most of DHS — with the exception of Immigration and Customs Enforcement and parts of Customs and Border Patrol — and then look to approve money for ICE and CBP in a separate reconciliation package.
“In following this two-track approach, the Republican Congress will fully reopen the Department, make sure all federal workers are paid, and specifically fund immigration enforcement and border security for the next three years so that those law-enforcement activities can continue uninhibited,” Johnson and Thune said in a joint statement.

The announcement amounts to a stunning reversal for Johnson, who was facing pressure from conservatives to oppose the Senate deal. Their objections centered on the lack of money for ICE, as well as the Senate’s failure to include new voter ID restrictions, championed by President Donald Trump, with the so-called SAVE America Act.
Instead, Johnson on Friday forced a House vote on an alternative measure to fund all of DHS for eight weeks. While it passed almost entirely along party linesthe stopgap measure stood no chance in the Senate, where Democrats have repeatedly rejected a similar proposal in recent weeks.
Lawmakers were back to square one.
But it turns out, all they needed was a little push from Trump.
Less than three hours before Johnson and Thune’s announcement, Trump urged Republicans — in a lengthy statement on Truth Social — to pass funding for ICE and border patrol through budget reconciliation. While that approach allows GOP lawmakers to bypass Democratic opposition, it requires near-unanimous GOP support.
Trump said he wants the legislation on his desk by June 1 — an ambitious timeline that dramatically increased pressure on Republicans.
“We are going to work as fast, and as focused, as possible to replenish funding for our Border and ICE Agents, and the Radical Left Democrats won’t be able to stop us,” Trump wrote on Truth Social. “We will not allow them to hurt the families of these Great Patriots by defunding them. I am asking that the Bill be on my desk NO LATER than June 1st.”

With Johnson suddenly on board, lawmakers appear poised to end the DHS shutdown just as soon as the House can reconvene. It’s unclear exactly when that might happen. The House isn’t due back until April 14. But Johnson could always call lawmakers back sooner — or look to pass the Senate bill while both chambers are out on recess through a special process.
Because the House never technically sent its 60-day continuing resolution to the Senate, the House could just recede from its amendment of the Senate-passed bill and immediately send the legislation to the president.
Either way, barring another sudden shift from Trump or House leadership, the longest government shutdown in U.S. history may soon be over — and Democrats are already taking a victory lap.
“Throughout this fight, Senate Democrats never wavered,” Senate Minority Leader Chuck Schumer said in a statement. “We were clear from the start: fund critical security, protect Americans, and no blank check for reckless ICE and Border Patrol enforcement.”
“We were united, held the line, and refused to let Republican chaos win,” Schumer added.
Kevin Frey is a congressional reporter for MS NOW.
Mychael Schnell is a reporter for MS NOW.
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