The Dictatorship
The most dangerous part of Trump’s anticipated TikTok executive order
UPDATE (Jan. 20, 2025, 9:00 p.m. ET):President Donald Trump officially signed an executive order on Monday delaying the implementation of the TikTok ban for 75 days while his administration decides on next steps.
On Sunday morning, many Americans woke up to President-elect Donald Trump’s announcement via Truth Social that upon taking office, he would revive TikTok through an executive order approving a new ownership arrangement. In typically convoluted language, Trump declared his “current thought” was that the U.S. government would own 50% of TikTok in a “joint venture” in which the other half would be held either by the existing Chinese owner or some undisclosed, likely as yet undiscovered, purchaser.
But Americans did not even have to wait until Trump took the oath to resume their doomscrolling and meme-making. By midday Sunday, TikTok was again available to U.S. users on the apparent basis of Trump’s promises. And suddenly, Trump became the unlikely hero of panicked teens and content creators not traditionally enamored with anything MAGA-related.
Suddenly, Trump became the unlikely hero of panicked teens and content creators not traditionally enamored with anything MAGA-related.
But put aside the substance of his anticipated executive order, which, by his own admission, was designed to broaden the audience for his inauguration. (His initial tweet notably said nothing about salvaging American small businesses reliant on TikTok or the projected impact on increasingly lonely Gen Z and/or even younger Americans.) Put aside the fact that Trump’s insult of choice is often “radical communist,” even though a state-owned social media platform is among the most socialist ideas I have seen even floated in American government.
What’s most dangerous about the anticipated TikTok executive order has nothing to do with its subject or the policy.
Simply stated, it’s one thing to quietly underenforce or even avoid enforcing an existing federal law. But it’s dangerously imperialist, on the other hand, to issue an executive order that essentially states a validly enacted statute means nothing. By deciding that the TikTok problem can be solved through 50% direct government ownership combined with other acceptable purchasers (or even the existing owners) — a solution never contemplated in the law — Trump is declaring laws he does not like can be altered, if not excised, by his simple fiat months, if not years, after their enactment.
Put another way, if Trump can erase the text of the TikTok ban, what’s to stop him from doing that to far more consequential laws?
Nothing, and that’s for two reasons.
First, it’s not clear who would have standing to challenge his executive order in court. After all, who can say they have suffered an actual, concrete injury as a result of Trump flouting the law? Certainly not TikTok. And even if members of Congress could argue that the executive order is an incursion on their own constitutional powers, I doubt either chamber of the GOP-led 119th Congress want to incur the wrath of the MAGA king and his loyal subjects within the first days of Trump 2.0.
Even the bill’s most vociferous defender (and the new chair of the Select Committee on Intelligence), Sen. Tom Cotton, doesn’t have the appetite for that losing battle. Instead, he attempted to scare companies that host or distribute TikTok — like American tech giants Apple, Google and Oracle — with the specter of securities law, shareholder lawsuits and litigation by state attorneys general.
But second and more importantly, our nation’s ultimate arbiter of what is and is not legal is the same Supreme Court that all but told Trump, through its presidential immunity decision: “Go ahead. Act ‘boldly and fearlessly’ — and there can’t be consequences.” If the worst thing that could happen to a president for ignoring federal law while carrying out arguably “official duties” — criminal prosecution — is off the table, what would ever stop Trump from issuing executive orders that usurp congressional authority again and again and again?
Not the GOP leadership in either House.
Not his attorney general.
Not his Supreme Court.
No one. And that’s what will make this Trump presidency far different from the last one.
Lisa Rubin is an BLN legal correspondent and a former litigator. Previously, she was the off-air legal analyst for “The Rachel Maddow Show” and “Alex Wagner Tonight.”
President Donald Trump celebrating his 80th birthday with UFC fights on the White House lawn was classless enough. Then Josh Hokit was given a microphone. After the UFC fighter won his cage match at Trump’s flamboyant celebration Sunday night, Hokit, who spoke mostly in disturbingly trite rhymes after his win, managed to further degrade the event. At the conclusion of his post-fight interview with announcer, podcaster and manosphere extraordinaire Joe Rogan, the athlete declared,“Michelle Obama is a man. Am I right, America?”
Many in the crowd of thousands of UFC fans ate it up, and expecting anything less would require an exceptional level of delusion. Misogynoir and transphobia have been lobbed against Obama at least since 2008, when America elected her husband, Barack Obama, president.
Misogynoir and transphobia have been lobbed against Obama at least since 2008, when America elected her husband, Barack Obama, president.
Misogynoir was coined by academic Moya Bailey in 2008 to describe the intertwining of racism and misogyny that targets Black women. As pervasive as it is, it took 15 yearsfor Merriam-Webster to add the word to its dictionary. Even in writing this piece, each time I’ve typed the term, spell-check suggests I have made a typo.
While it’s tempting to categorize Hokit’s remark as random, it was fully on brand for the athlete. ESPN reported, “In his post-fight interview at UFC 324 in January, Hokit called WNBA star Brittney Griner ‘a man.’”
He’s the poster child for misogynoir.
But his statement was also characteristic of the machismo that drove the event itself. Trump’s entire political persona is crafted in the mold of a strongmanan archetype that couldn’t exist without toxic masculinity. And when he was elected to the presidency a second time, Trump brought back to the forefront an erroneous vision of manhood. Hokit, and a lamentable number of other public figures, have since been empowered to espouse misogyny and preach the shallow gospel of toxic masculinity.
But showmanshiprepressed emotionality and a desperate adherence to benighted notions of manhood alone don’t suffice. Toxic masculinity also requires an allegiance to the desirability politics that are often informed by white supremacy. And Hokit gave it a shoutout Sunday night.
If toxic masculinity is a declaration of what we are expected to perceive as a quintessential depiction of manhood, then completing that picture requires a similar declaration about what we are expected to perceive as a quintessential depiction of womanhood. As has historically been the case, the beauty of Black women, as a whole, doesn’t align with mainstream ideals of attractiveness. So a Trump supporter’s recycling of a racist trope about the first Black first lady being a man was a natural offshoot of Sunday’s glorification of problematic masculinity.
Obama addressed misogynoir-laden and transphobic insults, among others, that she has faced over the years in her 2018 book “Becoming.” She writes, “I’ve smiled for photos with people who call my husband horrible names on national television, but still want a framed keepsake for their mantel. I’ve heard about the swampy parts of the internet that question everything about me, right down to whether I’m a woman or a man. A sitting U.S. congressman has made fun of my butt. I’ve been hurt. I’ve been furious. But mostly, I’ve tried to laugh this stuff off.”
I’ve been furious. But mostly, I’ve tried to laugh this stuff off.
michelle obama in her book “becoming”
Hokit thumping his chest after a violent brawl per the request of a strongman-in-chief, then deriding a high-profile Black female figure as masculine and thus, unappealing, was a true full-circle moment for the manosphere. Notice that Hokit didn’t do a full stop after he insulted Obama. He asked, “Am I right, America?”
At least that part made actual sense — Hokit’s instinct to seek validation is yet another manifestation of toxic masculinity. His question offered a boisterous representation of the need for male approval that exists in the manosphere and the willingness of problematic men to give one another an outsized influence on their behavior. It wasn’t enough for Hokit to disparage a prominent Black woman. He wanted someone to say, “Well done.”
As for his question, the answer is “no.” Hokit was the farthest from “right” as one gets. But the derision of Obama surely scored him brownie points in the manosphere. What better way to secure a nod of respect from the community than to denigrate, arguably, the most high-profile Black woman in the United States while at an event teeming with hypermasculinity?
But neither Obama nor any other woman, Black or otherwise, should have to bear the burden of men insulting them in a desperate quest to secure approbation from other men.
Hokit appears to be developing a habit of ascribing masculinity to Black women. He would be better served by questioning why his idea of manhood includes belittling women for applause.
Zahara Hill is a coordinating producer for MS NOW. She previously worked as a front page editor for HuffPost and the deputy editor for Blavity News.
President Donald Trump, with the support of Republicans in Congress, signed legislation last week funding federal immigration agencies through the end of his term. Americans should know how millions of their taxpayer dollars are being spent on the active destruction of their fellow human beings.
As part of my constitutional oversight responsibilities in Congress, I have visited Delaney Halla privately run detention facility in Newark, New Jersey, four times. From the first time I stepped into Delaney Hall, my worst fears were confirmed.
The smell of sewage permeated the building. The air felt stagnant, and I questioned whether there was adequate ventilation for detainees or staff.
What I witnessed with my own eyes was alarming enough. The smell of sewage permeated the building. The air felt stagnant, and I questioned whether there was adequate ventilation for detainees or staff. In the cafeteria, I saw a space that appeared far too small to accommodate the number of people being held. When I asked how hundreds of detainees were fed, I was told meals were served in waves beginning as early as 4 a.m.
Detainees described freezing temperatures, poor sanitation, spoiled food, isolation and being required to clean bathrooms and showers contaminated with urine and other biological waste without proper protective materials.
The most alarming thing I have witnessed, however, is the treatment — really, the lack of treatment — of people with serious and chronic medical conditions. I believe what I have witnessed at both Delaney Hall and the Elizabeth Detention Center amounts to nothing short of medical abuse.
While the Department of Homeland Security leadership may try to wave away accusations of inhumane treatment, they cannot wave away the effect of their medical negligence — nor should they be allowed to. Every time I have visited both the Delaney and Elizabeth detention centers, I encountered detainees whose health was deteriorating because of the actions overseen by DHS employees and contractors. Individuals with chronic health conditions were not monitored, critical medications are given sporadically or not at all and there is little to no continuity of care for the medically vulnerable.
Individuals with chronic health conditions were not monitored, critical medications are given sporadically or not at all, and there is little to no continuity of care for the medically vulnerable.
One woman detained with diabetes told me she was receiving only a fraction of the medication prescribed by her doctor. When I questioned medical staff, they confirmed her dosage had been reduced shortly after she entered detention without first contacting her pharmacy or physician. They also confirmed blood sugar readings consistent with poorly controlled diabetes.
I spoke with a man who suffered ongoing headaches and hearing loss after striking his head in a fall. He told me he feared seeking additional medical care because he had been warned he could be placed in isolation if sent to the hospital. When I raised the issue with facility leadership, they confirmed isolation was their policy.
Other detainees have described to me equally disturbing experiences, including a woman who said she suffered a miscarriage while in Immigration and Customs Enforcement custody after being denied proper medical care when symptoms first appeared. Another pregnant woman told me she feared for the health of her unborn child because she could not obtain the specialized care her condition requires.
These were not isolated complaints. And together, they paint a picture of a detention system failing to provide adequate medical care to the people in its custody.
The Department of Homeland Security insists healthcare is available inside Delaney Hall. What I witnessed firsthand tells a different story. Detainees may have access to care, but they are not receiving the care that their conditions, diagnoses, doctors or even our own good conscience would warrant.
When I questioned Homeland Security Secretary Markwayne Mullin about whether ICE tracks detainees with chronic illnesses such as diabetes, cancer and heart disease, whether those conditions are regularly monitored and whether independent health officials are allowed to inspect the facility, I did not receive answers. That lack of accountability should concern every American.
The consequences of these failures could be deadly. Severe hypoglycemia can become life-threatening within hours. Heart conditions can rapidly worsen without medication. Untreated infections can become medical emergencies, and the disruption of medication can have life-threatening consequences in the short and long run.
What makes this even more troubling is who is being detained.
Despite the administration’s rhetoric about targeting dangerous criminals, the people I met at Delaney Hall were overwhelmingly low-risk individuals being held for civil immigration violations, not criminal offenses. Some said they had legal status until this administration stripped it away. Others described being picked up off the street, or where they work, or at laundromats, schools and even outside courthouses or routine immigration appointments.
We cannot turn a blind eye to the conditions inside these facilities. Nor can we ignore the role of corporations such as the GEO Group, the company with an estimated $1 billion contract to operate Delaney Hall. Taxpayer dollars are being used to inflict profound human suffering, all too often condoned because those detained are viewed as “other.” To make matters worse, the $70 billion that Congress recently approved for ICE and Customs and Border Protection is in addition to $191 billion previously allocated to DHS with a party-line vote.
The least my Republican colleagues can do now is demand answers about what is happening inside facilities like Delaney Hall and hear firsthand from detainees about what they are experiencing. If they truly listen, they will be moved to action. I know I was.
Because the people I met at Delaney Hall are mothers, fathers, workers and neighbors. They are human beings. They deserve dignity, medical care and due process.
No matter where someone was born or what their immigration status may be, their humanity does not disappear when they enter a detention facility.
The measure of any nation is how it treats the people in its custody. By that standard, what is happening at Delaney Hall is a moral failure that extends far beyond its walls.
And when we allow due process, equal protection under the law and basic human rights to be denied to some, we weaken those protections for everyone. The Constitution is only as strong as our willingness to defend it. We must seek to protect it, starting by closing Delaney Hall.
Analilia Mejia, a Democrat, represents New Jersey’s 11th Congressional District in the U.S. House.
Today’s edition of quick hits.
* Russia’s latest deadly attack in Ukraine: “A large-scale Russian attack on Ukraine killed five rescuers in Kharkiv and wounded at least 20 people in the capital Kyiv on Monday as strikes set apartment buildings ablaze and sparked a fire at one of the country’s most significant religious landmarks. The rescuers were killed in Kharkiv by a second Russian strike as they fought a blaze caused by an earlier attack, Interior Minister Ihor Klymenko said. At least five other emergency workers were wounded.”
* From late last week: “A joint strike by the United States and Venezuela killed a leader of the Tren de Aragua transnational gang, President Trump and officials in both countries said on Friday, dealing a blow to a syndicate the Trump administration has blamed for an influx of violent crime and illicit drugs.”
* The right way to do it: “Hungarian lawmakers on Monday passed a constitutional amendment that would ban Viktor Orbán from returning to power. The amendment, approved by 135 votes in favor and 50 against, would limit prime ministers to just eight years in office if it becomes law. The amendment is written to apply retroactively, meaning that Viktor Orbán could not return as Hungary’s prime minister. Orbán served as prime minister for a total of 20 years.”
* A case we have been keeping an eye on: “A federal judge ordered the Trump administration on Friday to reinstall exhibits and signs on topics like slavery and climate change that it had removed from parks and monuments nationwide because they ‘do not align with its preferred narrative.’”
* Trump’s Department of Justice does what Trump wants: “The Justice Department’s Antitrust Division has signed off on Paramount Skydance’s $111 billion bid for Warner Bros. Discovery. The approval, first reported by Blue Light News, clears a major regulatory hurdle for a deal that has become one of the most closely watched media merger reviews of the Trump era.”
* Failing to make America healthy again: “A relentless measles outbreak in Utah has been spreading for nearly a year, putting the U.S. on a path to losing the measles-elimination status it earned more than two decades ago. Fueling the nearly 12-month outbreak: more parents opting not to vaccinate their children for school; infections hitting communities statewide; and lenient public-health policies on quarantining exposed students.”
* McConnell’s health issues persist: “Sen. Mitch McConnell, R-Ky, was hospitalized on Sunday, according to his spokesperson, who provided no details on the former Senate majority leader’s condition.”
See you tomorrow.
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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