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The Dictatorship

How Marco Rubio is helping Trump consolidate unchecked power

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How Marco Rubio is helping Trump consolidate unchecked power

When federal agents arrested Columbia graduate student Mahmoud Khalil this month, he was reportedly told that his student visa was being revoked. The supposed offense: leading protests denouncing Israel’s war in Gaza on the school’s New York City campus last year. When Khalil said he was a permanent resident with a green card, he was told that status was being revoked by the State Department.

Secretary of State Marco Rubio told CBS’s “Face the Nation” on Sunday that the Trump administration will continue to revoke the legal immigration status of folks he terms “Hamas supporters” in order to deport them. Rubio’s bold assertion may succeed in court thanks to a rarely used power the secretary of state possesses that can circumvent other statutes that could have protected Khalil from arrest and deportation.

President Donald Trump’s advisers and administrators have been laser-focused on finding potential edge cases in the law, that is, areas where loopholes and emergency powers can be exploited.

A 1990 update to the Immigration and Nationality Act says the rules that let the State Department deny a noncitizen admission into the U.S. can also be used to make a legal alien eligible for deportation. Immigrants can’t be barred from entry for holding beliefs that would be legal in the United States and, for now at least, there’s no question that believing Israel’s war in Gaza should end is, in fact, still legal for American citizens, as is protesting universities’ support in that war.  But the law makes an exception if “the Secretary of State personally determines that the alien’s admission would compromise a compelling United States foreign policy interest.”

President Donald Trump’s advisers and administrators have been laser-focused on finding potential edge cases in the lawthat is, areas where loopholes and emergency powers can be exploited. In the flurry of executive orders issued from the White House, agencies have consistently been told to comply with their instructions “to the maximum extent of the law.” But that boilerplate language obscures how this administration is pushing the limits and trying to establish a new normal where there are no checks on whatever the president wants to do.

Admittedly, the federal code is filled with laws that leave plenty room for bad-faith interpretation. Congress has developed a habit of writing bills that allow the executive branch to bypass lawmakers in case of emergency or otherwise divest authority on the details of how the law will be executed. The Trump administration seeks to trigger those authorities in ways that Congress may not have intended, and the courts may not agree with, to give the veneer of legality as they proceed with their plans.

In Khalil’s case, leapfrogging the normal immigration channels means the Trump administration doesn’t need to accuse Khalil of a crime. Under this reading, as Trump lawyer Alina Habba told Fox Newseven handing out of pamphlets the administration doesn’t like could be grounds for deportation.

Trump is trying to use every legal provision, regardless of how flimsy, to justify the mass deportations that are central to his immigration policy. On the first day of this term, he declared an “emergency” along the southern border, invoking the powers granted in the National Emergencies Act to mobilize resources and the armed forces. Trump also issued a proclamation declaring that an “invasion” is ongoing, and that he would use the “inherent powers to control the borders” he possesses, regardless of the limitations of the Immigration and Nationality Act.

Those orders became the foundation on which his administration invoked the Alien Enemies Act to rapidly deport Venezuelans it accused of gang activity this weekend. The 1798 statute was part of the infamous Alien and Sedition Actswhich were passed in a time of quasi-war against France and Britain. In the proclamation announcing the policyTrump claimed that the law grants him the authority to expel Tren de Aragua, a gang designated as a terrorist organization under another questionable executive order. A federal judge paused the administration’s use of the law in an order issued Saturday, but an unknown number of immigrants have now been deported to El Salvador, even though many of them reportedly have no proven connection to the gang in question.

Meanwhile, Trump officials continue to hunt for the slightest pretense to invoke other emergency powers. The administration is reportedly looking for a reason to use Title 42a public health provision triggered early in the pandemic, to fully close the southern border again. Trump is waiting on a report from the Pentagon and Department of Homeland Security on whether he should call upon the Insurrection Act’s powers to deploy the military deeper into the United States. Civil liberties groups fear the 1807 law could be used to stifle civil protests, as Trump advocated during his first termwrongly transforming the armed forces and National Guard into a domestic police force.

The administration has also been busy in other areas finding weak points in the law to consolidate power. Office of Management and Budget Director Russel Vought has been especially adept at playing this game. Even before being sworn-in, he had helped draft orders that twisted the rules for hiring special government employees to quickly staff up the Department of Government Efficiency. He has since then been finding ways to skirt federal employment laws to downsize the governmenteffectively shuttering whole agencies and encouraging department heads to illegally fire staffers by deliberately misusing the authorities granted to fire “probationary” workers for their performance.

There’s a term in medicine for when a previously benign bit of biological code gets twisted and begins attacking the rest of the body: a cancer.

And where there is no foothold in the U.S. Code to exploit, the Trump administration has argued even greater authority: Article II of the Constitution. Justice Department lawyers have already claimed a constitutional power to ignore judges’ rulings on foreign affairs in the Alien Enemies Act case and defended his ability to impound whatever money he doesn’t want to spend. In a proclamation on defending the states from “invasion,” Trump claimed that under his Article II role as commander-in-chief of the military, he has a duty under Article IV, Section 4, to repel whatever immigrants he says shouldn’t enter the country.

Trump’s infamous 2019 claim that Article II means “I have to the right to do whatever I want as president” has thereby gone from the simplistic notion of a political neophyte to the core tenet of his second administration. And the GOP-controlled Congress has been quick to quietly bolster existing gray areas of the law to grant him even more leeway. For example, in passing the recent six-month spending bill, the House explicitly stripped away Congress’ power to challenge Trump’s use of the National Economic Emergencies Act in deploying his tariffs.

There’s still a chance the courts override Rubio’s determination on Khalil’s deportability. The government will likely have to establish how it reached its conclusion about the supposed foreign policy threat the Columbia grad student poses. (Rubio was also supposed to notify Congress of his decision, but no such notification has been reported as of Tuesday.) But if Rubio is willing to make that call in this case, how hard would it be for him to keep the ball rolling? What other “foreign policy interests” could be used to hastily deport legal permanent residents? It is a twisting of the intent of the law to bypass due process and establish a norm that could stifle dissent among American citizens as well. Trump has long been keen on the idea of being able to strip protestors of their citizenship; it would be foolish to put it past this administration to try it given the groundwork now being laid.

These attacks on the system from within are ongoing. In Khalil’s case and others, we are seeing the arcane nature of the U.S. federal bureaucracy being used as a weapon against itself. There’s a term in medicine for when a previously benign bit of biological code gets twisted and begins attacking the rest of the body: a cancer.

Congress and the courts need to excise this tumor before it metastasizes. It needs to happen soon though, as the prognosis for the rule of law is otherwise grim.

Hayes Brown

Hayes Brown is a writer and editor for BLN Daily, where he helps frame the news of the day for readers. He was previously at BuzzFeed News and holds a degree in international relations from Michigan State University.

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The Dictatorship

Justice Jackson keeps calling out what she sees as needless Supreme Court interventions

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Justice Jackson keeps calling out what she sees as needless Supreme Court interventions

Justice Ketanji Brown Jackson continues to speak out when she believes her colleagues are misusing their power. The latest example came Monday, when the Biden appointee dissented from a Supreme Court ruling in favor of law enforcement in a Fourth Amendment case.

In District of Columbia v. R.W.the high court majority disagreed with a ruling from D.C.’s appeals court that said a police officer violated the amendment by stopping a person without reasonable suspicion. In an unsigned through the court opinion, the justices said the D.C. court failed to properly consider the “totality of the circumstances.” The justices summarily reversed the lower court.

Jackson, however, saw the maneuver by her colleagues as heavy-handed.

In her dissent, she wrote that if the court’s intervention “reflects disapproval” of the D.C. court’s “assessment of which particular facts to weigh and to what extent, I cannot fathom why that kind of factbound determination warranted correction by this Court.” She deemed the move “not a worthy accomplishment for the unusual step of summary reversal.”

A notation at the end of the majority’s opinion said that Justice Sonia Sotomayor would have denied D.C.’s petition for high court review, but she didn’t join Jackson’s dissent or write her own to elaborate.

Jackson’s dissent follows a lecture she gave last week at Yale Law School in which she criticized what she saw as her colleagues’ disrespect of lower courts’ work.

Monday’s ruling appeared among several high court actions on a 25-page order lista routine document containing the latest action on pending appeals. The list is mostly unexplained denials of petitions for review, but sometimes it contains opinions and justices writing separately to explain themselves.

In another case on the list, Sotomayor, Jackson and the court’s third Democratic-appointed justice, Elena Kagan, all noted their dissent from the majority’s unexplained summary reversal in favor of law enforcement in a qualified immunity case.

It takes four justices to grant review of a petition. That simple math underscores the lack of power wielded by the three Democratic appointees, especially on the most contentious issues.

On that note, one of the new cases the court took up on Monday involves its latest foray into religion in public life, which the religious side has been winning at the court. The new case is an appeal from Catholic preschools in Colorado that want public funding while still admitting, as they wrote in their petition“only families who support Catholic beliefs, including on sex and gender.” The case will be heard in the next court term that starts in October.

Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.

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The Dictatorship

The White House’s personal, financial and diplomatic lines keep blurring

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The White House’s personal, financial and diplomatic lines keep blurring

About a month ago, when Donald Trump spoke at a conference for Saudi Arabia’s sovereign investment fund, it was hard not to notice the complexities of the circumstances. On the one hand, Riyadh has helped steer the White House’s policy in Iran. On the other hand, the president’s son-in-law, having already received billions of dollars from Saudi Arabia, recently turned to the Middle Eastern country for more money for his private investment firm.

All the while, Saudi officials remain focused on private dealings with Trump’s family business, as the Republican extended his public support to the sovereign investment fund, ignored Pentagon concerns about selling F-35 fighter jets to Saudi Arabia and designated Saudi Arabia a “major non-NATO ally” as part of a new security agreement.

The trouble is, it’s not just the Saudis.

The New York Times reported on wealthy interests in Syria with ambitions plans for the nation’s future who needed the U.S. to drop the economic sanctions that crippled the country during Bashar al-Assad’s reign. One Syrian-born businessman, Mohamad Al-Khayyat, secured a meeting with Republican Rep. Joe Wilson of South Carolina, who recommended that plans for a luxury golf course carry the Trump Organization brand as a way of getting the American president’s attention.

The Times’ report, which has not been independently verified by MS NOW, added that the businessman was way ahead of the congressman. He’d already planned to propose a Trump-branded resort. The same businessman’s brothers, who enjoy the backing of Thomas Barrack, the American president’s special envoy to Syria, were also negotiating a real estate partnership with Ivanka Trump and Jared Kushner.

The Times summarized the broader context nicely:

Such a mixing of personal and diplomatic affairs has long been the norm in Middle Eastern nations, where a small set of players have historically run, and profited from, their dominant role in society. But it has become the way Washington operates in Mr. Trump’s second term, too.

Business discussions involving the president’s family … are consistently blurred with important policy decisions or consequential nation-to-nation negotiations.

Not to put too fine a point on this, but developments like these aren’t supposed to happen in the U.S. If a foreign country wants a change in federal economic sanctions, it’s supposed to go through proper diplomatic and economic channels as part of a formal process to prevent corruption and potential conflicts of interests.

In 2026, that model has been torn down — and replaced with what the Times described as “a warped system of executive patronage,” which is awfully tough to defend.

The article added:

Mohamad Al-Khayyat returned to Washington late last year toting a special stone celebrating the proposed golf course, carved with the Trump family emblem. He presented it to Mr. Wilson in his Capitol Hill office to deliver to the White House. Mr. Al-Khayyat then joined meetings with other lawmakers to push the sanctions repeal.

Weeks later, legislation for a permanent repeal won approval in Congress and was signed into law by Mr. Trump in late December.

This was no doubt noticed by officials and monied interests elsewhere, sending a clear signal about how to interact with the U.S. government (at least until January 2029).

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.”

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The Dictatorship

Monday’s Campaign Round-Up, 4.20.26: Obama makes one last pitch ahead of Virginia race

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Monday’s Campaign Round-Up, 4.20.26: Obama makes one last pitch ahead of Virginia race

Today’s installment of campaign-related news items from across the country.

* This week’s biggest election is in Virginia, where voters will decide whether to advance a Democratic redistricting effort. Ahead of Tuesday’s balloting, Barack Obama filmed one last pitch to the electorate in the commonwealth.

* With former Rep. Eric Swalwell out of California’s gubernatorial race, billionaire Tom Steyer is spending heavily to claim the front-runner slot. The Associated Press reported“Data compiled by advertising tracker AdImpact show Steyer has spent or booked over $115 million in ads for broadcast TV, cable and radio — nearly 30 times the amount of his nearest Democratic rival.”

* On a related note, the California Teachers Association, which had backed Swalwell, threw its support behind Steyer’s bid last week.

* When Donald Trump held an event in Nevada last week, many watched to see whether Joe Lombardo, the state’s Republican governor who is facing a tough re-election fight in the fall, appeared at the gathering. He did notthough Lt. Gov. Stavros Anthony spoke at the event.

* In Pennsylvania, Democratic Sen. John Fetterman isn’t up for re-election until 2028, but Punchbowl News asked every other Democratic member of the state’s congressional delegation whether the incumbent senator should run for a second term as a Democrat. Not one said he should.

* Jack Daly, a political operative who pleaded guilty in 2023 to defrauding thousands of conservative political donors, has lost some Republican clients of late, but the National Republican Senatorial Committee has continued to use the services of Daly’s firm.

* And in Tennessee, Republican Rep. Andy Ogles appears to be running for re-election, though his fundraising is badly lacking: As of the end of March, the far-right incumbent only had around $85,000 cash on handwhich lags his GOP primary opponent, former Tennessee Agriculture Commissioner Charlie Hatcher, who has around $150,000 in his campaign account.

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.”

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