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The Dictatorship

It will be hard to dislodge Elon Musk — but not impossible

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It will be hard to dislodge Elon Musk — but not impossible

The Department of Government Efficiency has in just a few short weeks interjected itself into multiple federal agencies, risking major damage to their core functions. Its leader, billionaire Elon Musk, is using his platform as owner of X to call for a “second American revolution” and attack judicial authority to his millions of followers. Meanwhile, President Donald Trump appears to be handing over control of a large portion of the federal government to the billionaire, signing an executive order Wednesday calling on federal agencies to work with his unelected task force in culling staff rosters.

Musk sits at a nexus of power that few — if any — Americans have ever held.

Musk sits at a nexus of power that few — if any — Americans have ever held. His businesses have cultivated deep, grasping ties within the federal government — especially the national security state — over the years, resulting in contracts worth at least a staggering $18 billion. Without SpaceX’s rockets, NASA will scramble to get into orbit; without the satellites the company is helping to launch, the National Oceanic and Atmospheric Administration will be less able to track extreme weather. His Starlink satellite internet service has been a crucial tool in Ukraine’s war against Russia and stands to be the recipient of even more Defense Department contracts in the future. But without the guarantee of federal revenue, Musk’s fortune would likely be more vulnerable to the investors whose confidence in him helps maintain his massive net worth (on paper at least).

That hand-in-glove relationship with Washington is important to understand why the billionaire is so dead set on tearing down the federal bureaucracy. Musk isn’t alone among the Silicon Valley billionaire class in being tied to the government and tilting right. As I write in my new book “Owned: How Tech Billionaires on the Right Bought the Loudest Voices on the Left,” he stands alongside the likes of Peter Thiel and Marc Andreessen in having both benefited from federal funding and gone further to the right in a reactionary response to cultural liberalism and the attention of the regulatory state. Despite decades of federal subsidies for the tech industry, it has been nowhere near a two-way street in the eyes of the private-sector benefactors. Now that they’ve glutted themselves on taxpayer funding, they would argue, it would be anti-American to expect them to give any of that back or be subject to any meaningful oversight.

Now, Musk is trying to reset the way the government works to prioritize his own interests. Though his fortune depends on federal cash, his businesses have been subject to a plethora of investigations from federal agencies ranging from the Securities and Exchange Commission to the Department of Justice. The future of those inquiries, including complaints from his own workers to the National Labor Relations Board, seem grim given his place at Trump’s right hand.

But Musk’s approach to his own workforce and federal laws is emblematic of how he is taking on his role at DOGE — and how he can be expected to react if pushed back on. Such overreach is bound to generate a reaction, but he’s not likely going to roll over without a fight. Musk is currently empowered within the government and outside of it; a precarious position for the rest of us from someone who takes any threat or criticism as a declaration of war.

Now, Musk is trying to reset the way the government works to prioritize his own interests.

But this weekend, everyday Americans took the first step, using Tesla charging stations and dealerships as sites to protest Musk’s illegitimate power grab. The “Tesla Takedown,” as the group behind the demonstrations calls it, held actions on Saturday at sites within the U.S. and Canada. In Washington, elected Democrats are slowly getting the message from their constituents that Musk is a problem in need of solving. Lawmakers in Congress have introduced bills to address his unelected influence and power and have been urged to do more.

Ironically, the same person who empowered Musk might also be more vulnerable to outside pressure than Musk himself. Trump is famously thin-skinned and hyperaware of his standing in the public eye. The question of just what would wind up pushing him and Musk apart has been at the forefront for months given the egos at play and the increasing unpopularity of what the billionaire is trying to do with DOGE. Add to that the potential of plummeting poll numbers as DOGE chaos hits the average American, and the possibility of turning the White House against the billionaire can’t be ignored.

Holding Musk accountable is going to be difficult so long as he has both his shareholders and Trump to shield him. Taking a stand outside of his dealerships and chargers is a good start when you consider the billionaire’s famously thin-skinned nature. It also helps to make clear to investors that his personal brand is a weight to the company, not an asset.

No matter what ultimately dislodges him, Musk remaining empowered to make policy for federal agencies cannot become normalized. Democrats need to begin planning now on how to unravel his grasp on vital national security areas, letting his contracts expire and replacing them with improved state capacity. If nothing else, Musk’s rapid accumulation of power shows that the parasitic relationship he enjoys with the federal government can’t be allowed to continue unchallenged through future administrations.

Eoin Higgins is a writer based in New England. His book, “Owned: How Tech Billionaires on the Right Bought the Loudest Voices on the Left,” is available now.

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The Dictatorship

RFK Jr. fires leaders of influential preventive care task force

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RFK Jr. fires leaders of influential preventive care task force

The Trump administration has fired the two leaders of an influential health group that determines when insurance must provide free preventive care, like mammogramsand colonoscopies, for millions of Americans.

In letters dated May 11, Health Secretary Robert F. Kennedy Jr. notified the two doctors who chaired the U.S. Preventive Services Task Force that he was terminating their appointments immediately, before the end of their multiyear terms.

The Department of Health and Human Services already had largely sidelined the task force, indefinitely postponing scheduled public meetings over the past year and thus leaving some long-expected updates on cervical cancer screeningsand other topics in limbo.

The panel, first created in the 1980s, is composed of experts who scrutinize the latest evidence behind a wide array of disease prevention tools, such as depression screenings ad the use of statins to prevent heart attacks. The panel updates guidelines with letter grades showing the strength of the science. Under the Affordable Care Act, most insurance plans must cover preventive services given an “A” or “B” grade without requiring a co-pay.

Kennedy’s letters don’t make clear why he ousted Drs. John Wong and Esa Davis from the panel. He wrote that their “leadership, contributions and expertise” have advanced the task force’s work “to improve the health of Americans” and encouraged them to reapply. He said he was reviewing task force appointments “to ensure clarity, continuity and confidence” in HHS oversight.

The letters were first reported by The New York Times. An HHS spokesman didn’t respond to questions about why the two were fired.

Kennedy told lawmakers last month that he was reforming the task force, calling it “lackadaisical,” so that it would meet more frequently and “have, for the first time, transparency.” The panel holds public meetings, opens its draft guidelines to public comment before finalizing them, and publishes the scientific evidence behind them.

Some health advocates had worried that Kennedy was preparing to replace the expert panel with less experienced political appointees, like he had done with a critical vaccine advisory committee. Over the past year, the task force wasn’t allowed to publish its final update to the cervical cancer screening guideline or take steps to update recommendations about maternal depression, said former task force chairman Dr. Michael Silverstein, a pediatrician.

“This is a level of government intrusion into scientific processes that I’ve not experienced in my 10 years on the task force,” he said.

The panel has staggered terms so that normally health secretaries can regularly appoint new members, making their mark on the task force without upending it, said Aaron Carroll of the nonpartisan healthy policy group AcademyHealth.

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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Department of Science Education and the Robert Wood Johnson Foundation. The AP is solely responsible for all content.

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The Dictatorship

Judge orders White House staff to comply with Presidential Records Act after DOJ calls it ‘unconstitutional’

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Judge orders White House staff to comply with Presidential Records Act after DOJ calls it ‘unconstitutional’

A federal judge on Wednesday orderedWhite House personnel to continue complying with the decades-old Presidential Records Act after the Justice Department argued in a legal opinion last month that the law was “unconstitutional” and that President Donald Trump has the authority to destroy presidential records from his term.

In response to a lawsuit challenging that memo, U.S. District Judge John Bates found the 1978 law is likely constitutional and issued a preliminary injunction effectively blocking the legal opinion, released by the Justice Department’s Office of Legal Counsel.

“On the merits, the Records Act is likely constitutional. It was validly enacted by Congress under the Property Clause because Congress may prospectively designate presidential records as federal property and then regulate that property,” Bates wrote in the 54-page ruling.

The Presidential Records Actwhich Congress passed in the wake of the Watergate scandalestablishes that presidential records belong to the public and must be preserved and eventually transferred to the National Archives. Bates noted that the OLC’s legal opinion on the Records Act relied on a “stark misreading” of Supreme Court precedent when it decided that Trump “need not further comply” with the act.

He also rejected the Justice Department’s argument that the act was unconstitutional because presidential papers were considered personal property until the the law was enacted in 1978.

Bates’ latest ruling directs administration officials to comply with requirements under the law, which mandates the preservation of official presidential records and communications generated during government business. The judge said U.S. officials must take steps to ensure records are retained in accordance with federal law.

Though Bates ordered White House personnel to comply with the law, the judge stopped short of directly ordering Trump and Vice President JD Vance to do so. Bates noted that courts generally may not “enjoin the President in the performance of his official duties.”

The order also excludes the National Archives and Records Administration, the archivist, the Justice Department and the attorney general.

The order takes effect May 26.

The case was brought in April after watchdog groups American Oversight and the American Historical Association sued the Trump administration over the OLC’s legal memo. The lawsuit alleged that the administration “believes that the President is legally free to destroy records of his official government conduct, or even spirit away the records for his own future personal use.”

Bates emphasized that federal law requires the preservation of records documenting presidential decision-making and official government activities. The court stopped short of finding officials intentionally violated the law but said safeguards must be put in place to prevent the destruction or disappearance of records.

American Oversight praised the ruling as an “important victory for presidential accountability and for affirming what decades of law and practice already established.”

“The court recognized the serious danger posed by the administration’s attempt to cast aside longstanding federal law governing presidential records and replace it with a system dependent largely on presidential discretion and public trust,” American Oversight executive director Chioma Chukwu said in a statement.

Sarah Weicksel, executive director of the American Historical Association, said in a statement that Bates’ ruling is a reminder that presidential records belong to the public — not the president.

“This ruling reaffirms the essential place of presidential records in documenting our nation’s history and a core principle of the Presidential Records Act: that these records belong to the American people, not to any one individual,” Weicksel said.

The White House and the Department of Justice did not immediately respond to MS NOW’s request for comment.

It was not immediately clear whether the administration would appeal the decision.

Ebony Davis is a breaking news reporter for MS NOW based in Washington, D.C. She previously worked at BLN as a campaign reporter covering elections and politics.

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The Dictatorship

Here’s a remedy for Trump’s self-dealing that no pardon can touch

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The Justice Department announced Tuesday that it has expanded its settlement of President Donald Trump’s lawsuit against his own government. Now the government has ruled out future IRS audits of the president, his family and his business, and announced that it will also use public money to create a nearly $1.8 billion fund to compensate allies the president thinks were wronged by federal prosecution or investigation.

Beyond the stunning scale of this self-dealing, there are other reports of disturbing actions by the administration: The Justice Department prepared to drop fraud charges against an Indian billionaire who offered to invest $10 billion in this country, the New York Times reported last week; another Mar-a-Lago dinner was held in April to promote the president’s crypto venture. Over and overTrump and others around him use their positions for personal gain in unprecedented ways. The Wall Street Journal reported last month that Trump has promised pardons to anyone who has been within 200 feet of the Oval Office — effectively an invitation to allies to continue breaking the law and monetizing the presidency.

Simply put, under a legal principle called disgorgement, you don’t get to keep what you stole.

There is, however, a way to address widespread theft from the public. Simply put, under a legal principle called disgorgement, you don’t get to keep what you stole.

Even the Trump administration agrees with this point. The Justice Department defended the principle in a case before the Supreme Court last month. Quoting precedents old and newthe government said: “Disgorgement serves the ‘foundational’ equitable principle that no wrongdoer  ‘should make a profit out of his own wrong.’ ” This principle can hold the president and any accomplices accountable for corruption — and no pardon can stop that.

Disgorgement has deep roots in moral tradition and American law. The Securities and Exchange Commission’s disgorgement authority, at issue in the Supreme Court this termlets the government recover the money that fraudsters make through securities fraud (which could include crypto or prediction market scams). The issue before the court is whether the government needs to prove that the wrongdoer hurt specific people. The administration said no, arguing: “Disgorgement is a remedy designed to strip ill-gotten profits from wrongdoers,” so “SEC disgorgement under current law is not conditioned on a showing of pecuniary harm to victims.” In short: Those who profited through fraud have to give up the money, and it goes to the American people.

Other federal tools similarly enable getting stolen money back: the False Claims Act, Foreign Corrupt Practices Act and Foreign Extortion Prevention Act, to name a few. The most powerful of these is likely civil asset forfeiture. Unlike criminal prosecution, which is directed at a person, civil forfeiture involves the government suing the property itself (think: the 747 jet given by the Qatari government, or a specific crypto account).

Government can recover proceeds from third parties, such as family members or shell companies, that received the fruits of corruption without a legitimate claim to them, even if those parties did not participate in the illegal actions.

This distinction is not a legal technicality; it’s why civil asset forfeiture is uniquely resistant to pardons, presidential immunity claims and other defenses that could consume criminal proceedings. The asset forfeiture framework also allows the government to follow money wherever it goes. So government can recover proceeds from third parties, such as family members or shell companies, that received the fruits of corruption without a legitimate claim to them, even if those parties did not participate in the illegal actions. And the government doesn’t need to prove its case by the criminal law standard of “beyond a reasonable doubt”; it simply must show that the preponderance of the evidence supports recovery.

State leaders can act now to recover funds — and, critically, to open the asset investigations that form the backbone of disgorgement actions. A December University of Wisconsin Law School report sets out a comprehensive assessment of state accountability laws that state attorneys general can enforce against federal officials and those who interact with them. Ample state civil laws enable disgorgement. For example, a New York law allows the state attorney general to pursue restitution and disgorgement for repeated fraudulent or illegal acts in the conduct of business. That state’s Martin Act allows a broad range of recovery for securities fraud. More than 30 states have their own false claims acts, many with private recovery provisions. State law enforcement leaders should work together to build these cases, which will take time and expertise that the gutted federal government may lack. State legislatures may even consider updating their laws to ensure that they apply to misconduct by federal officials and create incentives for whistleblowers to come forward.

Asked by The New Yorker earlier this year about allegations of profiteeringa White House official said, “President Trump has always put — and will always put — the best interests of the American people first.” More recently, in response to Wall Street Journal reporting on possible Trump pardonsanother White House official said the Journal “should learn to take a joke, however, the President’s pardon power is absolute.” But Trump’s track record of abusing the pardon power suggests that this and other self-enrichment is no laughing matter.

The current Congress has proved unwilling to hold Trump accountable, but members in the minority could use investigative oversight tools to lay out a clear road map for enforcers. Should control of Congress change, lawmakers could subpoena financial records and communications from private parties, hold targeted hearings on specific deals, pass legislation to ensure that federal money can’t be doled out through corrupt slush funds, or replicate what House members sought to do with the Epstein files to demand transparency on a range of information held by the federal government. Although federal laws enabling disgorgement are strong, Congress could also punch them up.

Private litigants can also file suits immediately. The False Claims Act is an obvious tool, as any person with nonpublic knowledge of fraud against the federal government is encouraged to file a lawsuit on the government’s behalf. Civil claims under anti-corruption laws such as RICO, which allow private plaintiffs to recover extensive damages, don’t require any government cooperation.

Of course, the post-2020 effort at using criminal prosecution for accountability failed fairly spectacularly. But an accountability approach centered on recovering money stolen through corruption could garner wide-ranging public appeal in a way that the criminal accountability efforts never did. Hungary’s recent election is illustrative: Opposition candidate Péter Magyar’s focus on the corruption and kleptocracy of the Orbán regime drove overwhelming rejection among voters. Magyar also swiftly announced the creation of a National Asset Recovery and Protection Office with a mission of investigating corrupt deals and recovering the stolen proceeds. As Magyar put itall that “money that is stolen” actually belongs to pensioners or can help feed hungry children.

So, too, in the U.S.: All the pilfered money actually belongs to the American people. Those seeking payouts from the new Trump fund should not expect to keep that money if their claims cover up evidence of crimes such as attacking the Capitol — that would trigger the False Claims Act and enable disgorgement. Crypto profits built on insider knowledge of a presidential announcement? Claw them back. The foreign government “deals” that blur the line between statecraft and self-enrichment in which the president and his relatives rake in billions? The coerced corporate donations and prediction market winnings? It’s time to get the money back.

Trump’s pardons can’t stop any of this. Nor can the Roberts Court’s broad grant of criminal immunity in Trump v. United States. Those in Trump’s orbit who cross the line should know: Even with a promised pardon, the law can come for what they’ve taken from the American people.

Justin Florence is co-founder of the nonpartisan nonprofit Protect Democracy, founded in 2017. Previously, he served as special assistant to the president and associate White House counsel in the Obama administration. He is a Lecturer in Law at Harvard Law School, where he co-teaches the Democracy and Rule of Law Clinic.

Justin Vail leads Protect Democracy’s Washington office. He previously served as special assistant to the president for democracy and civic participation during the Biden administration and deputy director of private sector engagement in the Obama White House.

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