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The Dictatorship

Democrats’ ‘President Musk’ strategy wasn’t subtle — but it worked

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Democrats’ ‘President Musk’ strategy wasn’t subtle — but it worked

When Democrats began referring to Elon Musk as “President Musk,” their goal was transparent: get under the skin of an insecure president-elect by saying Musk holds the real power in their relationship. The strategy wasn’t subtle, but it worked just as intended. Speaking at Turning Point USA’s AmericaFest conference in Phoenix on Sunday, Donald Trump couldn’t help rebutting the claim that anyone but him is in charge. “He’s not going to be president, that I can tell you,” Trump said. “And I’m safe. You know why he can’t be? He wasn’t born in this country.”

You never need a Ph.D. in psychology to understand Trump’s motives and fears; he puts them right on the surface. His almost comical obsession with showing everyone how strong and manly he is — in this case, insisting that he couldn’t possibly be under the thumb of the world’s richest man — plainly derives from a terror that people will see him as weak. But just days before he’s about to take power, that’s exactly what he is.

Look at what happened in Trump’s return to legislative dealmaking. As Congress moved to avert a shutdown to begin his second term, Trump failed to get what he wanted at every step.

Again and again Trump’s ham-handed attempts at strength only wind up looking weak.

It began with a bipartisan deal that would fund the government through March, giving the new Republican Congress time to craft tax and budget bills to its (and Trump’s) liking. But after Musk posted his opposition to the deal, Trump rushed to say he, too, was opposed to it.

After the deal collapsed, Trump then tried to avoid a debt ceiling increase in his first year, a move designed to limit leverage for both Democrats and anti-government members of his own party. First he called for the debt ceiling to be abolishedbut when House Republicans wouldn’t go for that, he pivoted to suggesting it be suspended for two years. House Speaker Mike Johnson, R-La., dutifully offered a new funding bill with that provision — and it went down to defeat as 38 Republicans voted no.

When a spending bill finally passed Friday, it didn’t include the debt limit suspension Trump had demanded. As NBC News reported“On Wednesday, Trump had threatened to primary ‘Any Republican’ who voted for a funding bill without a debt limit extension; on Friday, 170 House Republicans did just that.”

This pattern — Trump makes demands, Congress says no, Trump does nothing — was precisely what characterized his legislative efforts in his first term. There wasn’t a single instance in which he bent Congress to his will or negotiated his way to a win when the outcome was in doubt. His only significant legislative accomplishment was the 2017 tax cut for the wealthy — a foregone conclusion given that Republicans controlled both houses. By contrast, among his blunders was the longest government shutdown in history, which ended only when he caved and gave up his demand for funding for a border wall.

That’s not to say Trump can’t exert control over his party or successfully punish those who oppose him. He often does. He has ended the careers of Republicans who stood up to him, intimidated some in the news media and — with the help of conservative Supreme Court justices — managed to evade legal accountability for all manner of misdeeds. But because he has such a simple-minded understanding of how power and politics work, again and again Trump’s ham-handed attempts at strength only wind up looking weak.

The problem is that madness isn’t strength; it’s just mad.

It’s apparent in his standard negotiating strategy: He makes bombastic threats, then waits for everyone else to give in, never bothering to learn what they’re after or how he might persuade them. So he says he’ll bomb every enemy, sue every critic and destroy everyone who opposes him. One might have to take the threats seriously, because it’s always possible Trump will do what he says. But most of the time he doesn’t.

Trump has long spoken of the value of being a “crazy guy” in negotiations. His approach recalls Richard Nixon’s “Madman Theory” of foreign policy: Convince your enemies that you are erratic and irrational, and they’ll step carefully to avoid setting you off. The problem is that madness isn’t strength; it’s just mad.

Take, for instance, the pronouncements Trump has recently made about seizing the Panama Canal, annexing Canada and taking control of Greenland: when they don’t happen, he just looks like a fool. Similarly, after the 2024 election, Trump will have a governing trifecta and his first popular vote victory. But the entirely unnecessary spending showdown destroyed whatever momentum he could have had entering the White House.

When a genuinely strong president sits in the Oval Office, everyone in both parties knows that when he makes either a threat or a promise, he’ll keep his word. No one trusts Trump on either count. For him, strength is about bluster and dominance. He will always be the loudest person in the room, and he treats every interaction, whether between people or between countries, as a zero-sum contest for supremacy in which there will always be a winner and a loser. But his recent failure to bend Congress to his will foreshadows a difficult four years for dealing with his own party, let alone the rest of Washington.

In the wake of the near-shutdown, it seems that Trump’s second term could look almost exactly like his first term. Republicans will pass another tax cut — much of which would extend the previous tax cut — because nothing is more important to the GOP. But after that, things could get messy. With a razor-thin House majority and dozens of Republicans ready to make trouble over spending bills, it would take a shrewd negotiator or a president of genuine strength to successfully navigate the legislative minefield. Donald Trump is not going to be that president.

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The Dictatorship

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Pam Bondi’s bullying of the ABA is based on a fundamentally flawed argument

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Pam Bondi’s bullying of the ABA is based on a fundamentally flawed argument

From Day 1, the Trump administration has proudly placed diversity, equity and inclusion programs in its crosshairs. Last week, it turned its attention to the American Bar Association and, by extension, virtually every would-be lawyer in the country.

On Wednesday, Attorney General Pam Bondi demanded the American Bar Association repeal its requirement that law schools actively promote diversity efforts with respect to faculty and students. The Trump administration claims that a recent Supreme Court decision compels the ABA to eliminate efforts to increase access to legal education, but that argument misreads the case.

The ABA realized that it needed to grapple not just with new Supreme Court case law, but a changing legal landscape.

The ABA, founded in 1878, is the nation’s largest voluntary association of lawyers and law students. It sets academic standards for law schools, creates model ethical codes for the legal profession and determines which law schools obtain accreditation. Many states require that applicants demonstrate they graduated from an ABA-accredited law school before they take the bar examination.

The ABA’s diversity and inclusion standard for schools came under scrutiny after a 2023 Supreme Court decision declared that institutions of higher education cannot use race as a factor in admissions decisions. The high court concluded that using race as a factor in admissions decisions violates the 14th Amendment’s equal protection clause (in the case of public universities) and Title VI of the Civil Rights Act (in the case of private colleges and universities), by discriminating against applicants on the basis of race.

Eventually, more than a year after that decision, the ABA sought to update its diversity accreditation standard, known as Standard 206One proposed revisioncirculated last August, would require schools to provide access to “all persons including those with identities that historically have been disadvantaged or excluded from the legal profession” but eliminate references to specific categories such as race and ethnicity. A second revision would restore the references to those two categories. But as of Trump’s inauguration, the ABA had not yet settled on a final version of Standard 206.

After Trump’s second term began, the Department of Education ordered academic institutions to either eliminate DEI policies or lose their federal funding. The ABA realized it needed to grapple with not just new Supreme Court case law, but also a changing legal landscape with respect to Trump’s executive actions. The ABA tried to buy itself more time by suspending the enforcement of Standard 206 until Aug. 31, 2025. But Bondi’s letter directs the ABA to drop Standard 206 entirely or risk losing its ability to act as the sole accreditor for U.S. law schools. In doing so, the attorney general cuts off the ABA’s ability to promote access to a legal education while still complying with all applicable cases and orders.

The court’s decision can be fairly read as telling law schools that race cannot be considered as a stand-alone factor in admissions.

Again, the Supreme Court’s 2023 decision held that institutions of higher education cannot use race as a factor in admissions decisions. But nowhere requires that law schools give up efforts to broaden the pool of law students and faculty to include people who have historically been excluded from law schools, such as people who are economically disadvantaged. The court’s decision can be fairly read as telling law schools that race cannot be considered as a stand-alone factor in admissions decisions. No more, and no less.

In the majority opinion in that case, Chief Justice John Roberts wrote“as all parties agree, nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.” For example, Roberts said, students could write application essays about overcoming racial discrimination, as long as that was “tied to that student’s courage and determination.”

Simply put, there is a way for the ABA to draft an accreditation standard that promotes its goals and adheres to the law. It could seek to broaden its pool of students and faculty through efforts to ensure socioeconomic diversity. There is no doubt that maintaining its goal of increasing access to a legal education, while complying with the Supreme Court’s decision and applicable executive orders, will require the ABA to carefully draft a new standard. Given these competing questions, the organization understandably asked for a short timeout.

But Bondi’s letter is tantamount to ending the game entirely. There is no legal reason that the Trump administration should strong-arm the ABA into short-circuiting this important process.

Jessica Levinson

Jessica Levinson, a professor at Loyola Law School, is the host of the “Passing Judgment” podcast. She is also the director of the Public Service Institute at Loyola Law School, director of Loyola’s Journalist Law School and former president of the Los Angeles Ethics Commission.

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