Tom’s Report on the State of America’s Democratic Health: Ugly, Damn Ugly

As of May 23, 2025

Benchmarks of Democratic Backsliding and Erosion

It was an ugly week.  First and foremost was Trump’s vile and disgraceful racist spectacle directed at South African President Ramasphosa during a White House visit.  Given the long history of English and Dutch colonization and brutal oppression of black South Africans during the apartheid era, the false claim that white Afrikaners are being subjected to a genocide was shameful.  The supposed evidence — a video of white crosses — was from the Congo not South Africa.  This spectacle was the most openly white nationalist display by an American president since President Wilson screened “Birth of a Nation” at the White House in 1915. A movie based on the novel “The Clansman.”

The battle between Harvard and Trump escalated this week with the administration banning foreign students from enrolling at Harvard.   The next day Harvard filed suit, and a Federal Judge ordered a temporary pause on the administration’s action.  This escalation is another example of Trump’s use of ‘arbitrary terror’ to punish and discipline supposed adversaries. A hallmark of dictatorships. 

Trump also singled out Bruce Springsteen, Beyonce, and Oprah Winfrey for investigation, alleging violations of federal laws.  Without any proof, he accused them of accepting payment to endorse political candidates.  When Trump suggests an investigation, whether verbally or on social media, one of his willing cabinet members orders one.

When not accusing others of corruption, Trump hosted an event at his Washington Area golf club to reward top investors in his crypto coin $Trump.  The 220 top investors averaged around $1.8 million in purchases.  According to press reporting, since January Trump garnered over $320 million in fees from these sales.  Yep, $320 million in six months.  

Speaking of slimy, swampish, Trumpian corrupt practices, his majesty accepted a $400 million emolument from the Qatari crown prince in the form of a 747-luxury jet.  It will be used as Air Force One and then provided to Trump’s presidential library foundation for his personal use.  Given the overhaul required to ensure it is 1) air worthy, and, 2) not full of electronic eavesdropping devices, it will also require extensive renovations to install secure communications, anti-aircraft missile countermeasures, and hardening for electromagnetic pulses from nuclear detonations.  More of your hard-earned tax dollars going to feed Trump’s massive ego. Pure waste, fraud, and abuse.

On the criminal investigative front, following an incident at a New Jersey ICE detention facility, federal prosecutors’ charged U.S. House of Representative LaMonica Mclver with assaulting a federal agent.  James Comey, former FBI Director, was interviewed by the Secret Service for allegedly making threats to the president after posting a picture of seashells arranged to spell 8647.  ‘86’ being a code for killing someone allegedly.  However, if you look at the origins of ‘86’ it is a code for ejecting or barring some from a bar, or, to cancel, reject, discard something, per the dictionary.  

Also, the DOJ confirmed it is investigating New York’s Attorney General Letitia James for mortgage fraud. Must have turned over every rock of find that one.   Finally, the FCC announced a probe into Media Matters, a liberal advocacy group.  This based on Elon Musk’s accusation that the group colluded with advertisers to boycott X for racism.  Meanwhile, Mohammed Khalil and Abrego Garcia still sit in jail.

Before turning to some positives, I think the whole Biden fiasco needs a few short words.  What was the democratic party leadership thinking?  We don’t need a book to tell us what we all knew.  It wasn’t Biden’s age; it was his noticeable and serious cognitive decline.  His physical fragility and intellectual frailty were clear.  When I voted for Biden in 2020, I thought of him as a one term president.  He should have bowed out two years in and announced he would not seek a second term.  But no.  His damn ego got in the way.  And a bunch of spineless democrats let him get away with it.  

As a result, here we are.  What is done is done, however, and now is the time to get your shit together.  First focus on getting Spanberger elected governor of Virginia this November.  It will be a bellwether.  Second, focus on mid-terms and the races you can win.  For instance, John McGuire (R) of Virginia’s 5th congressional district is an easy mark given his capitulation to Trump and his support for rolling back Medicaid, Medicare, and food aid, while lining the pockets of millionaires and billionaires.  Enough said.

There were some positive notes.  In a tie vote at the Supreme Court, after Justice Barrett recused herself, the Louisiana Supreme Court’s decision to not permit a religious-based charter school to receive taxpayer funds, stands.   Additionally, a federal judge ruled that shutting down and dismantling the U.S. Institute for Peace was illegal.  The judge even ordered DOGE not to trespass on the grounds of the Institute. 

Overall, Trump amped up the use of ‘arbitrary terror’ to punish, discipline, and silence dissent.  That is to create a climate of fear where most people, as Hannah Arendt wrote in The Origins of Totalitarianism in the aftermath of World War II, are “perfectly obedient” to government dictates.    

If you think about it, a plurality of Americans live in an autocratic state now.  A state of mind, that is.  House Republican hold outs to the ‘big, beautiful bill’ were summoned to the White House.  I don’t think tea and crumpets persuaded them to abandon their principles.  It you are obedient to Trump’s impulses out of fear, you already live in an autocracy.  I am not speaking to liberals or progressives; I am speaking to MAGA Republicans.  It is you that live in an autocracy.  I am as free as bird and think, say, and write what I damn well please.

If you want to read the cumulative list of democratic backsliding and erosion since January 20, click up top ‘Benchmarks’ or menu. Thanks.

Tom’s Report on the State of America’s Democratic Health

As of May 16, 2025

Benchmarks of Democratic Backsliding and Erosion

The big issue this week was the arguments before the Supreme Court regarding the Trump’s executive order eliminating birthright citizenship.  The arguments were more about whether federal district judges can issue nationwide injunctions, or pauses, not so much the constitutionality of the executive order itself.  

The justices, from what I gathered, seemed conflicted about whether to limit federal judges ability to issue nationwide injunctions, especially if letting the law go into effect nationwide will cause great harm while the case winds its way through the courts.  I would think revoking birthright citizenship, or invoking the Alien Enemies Act, or suspending the Writ of Habeas Corpus would fall into that category of immense national harm should the executive order or law be permitted to go forth while it is being fought over in the courts. 

It the Supreme Court limits nationwide injunctions, it would have to devise a clear set of rules for when a judge may order a nationwide injunction or limit the injunction to their district.  I don’t see that happening, if they do, they are crazier than I thought.  Or worse yet, rule that federal district court rulings are limited to the district in which the court resides.  There are 94 federal court districts, chaos would ensue.  

If the Court eliminates nationwide injunctions outright while the constitutionality of the law is being challenged, that would trigger the very real possibility that half the country will have one set of constitutional rights while the other half would have a different set of constitutional rights. For example, if Trump suspends the Writ of Habeas Corpus, five or six district judges may impose an injunction in their districts, but a district in Texas where an immigrant detention facility is located, may not see the suspension of the Writ as unconstitutional.  That would then permit hundreds if not thousands of deportations without due process. The harm would be immense.

In another important ruling, the Supreme Court did extend a block on deporting migrants from Texas using the Alien Enemies Act today (May 16).  Sending the case back to a lower court for additional litigation.

Republicans should be wary of Trump getting his way on this issue of nationwide injunctions and executive orders.  The next Democratic president could declare that the second amendment does not protect the manufacture or possession of AR-15 or similar type weapons.  The president could use an executive order to prohibit the possession, manufacture, sale, and transportation of these items across state lines.  

Republicans are painting themselves into a very small separation of powers corner.  Mitch McConnel basically shanked the Senate years ago.  Mike Johnson turned the House of Representatives into a spittoon full of, you know spit.  Chief Justice John Roberts, just can’t get his head out of his butt, all but declaring Trump King last term. Although, I must say, after creating this Frankenstein presidency, he is doing his best to cage the beast.

Republicans act as if the Democrats will be forever in the wilderness, a token political party for show during elections, but powerless.  If that was their goal, we shall see how they react to losing in the mid-terms and in 2028  Will they accept the outcome(s)?  And once the Democrats return to power, how can they ever, ever, claim overreach?

Amazingly, because of court action and popular backlash to the excesses of the Trump White House by DOGE — and don’t forget the tariff mess — the guard rails are bending, but still in place in some places.  Where the guardrails are missing is Congress.  They are not checking the accumulation of congressionally enumerated powers into the executive branch and seem not to have any interest in checking his power, mostly out of fear I suspect. Then again, some just that holy grail, $5 trillion in tax cuts. most of which will go to the top 1 percent (that is them and their millionaire class)

Some examples of Congressional nonfeasance revolve around Trump’s personal corruption and  profiteering from office .  For instance his ongoing attempt to accept a $400 million 747 from the Emir of Qatar for use as Air Force 1, and it being ‘decommissioned’ and transferred to his presidential library foundation following his presidency; his sale contest of  $Trump (a crypto currency) for White House tour (access?); pocketing tens of millions of dollars in crypto fees through the Trump family’s World Liberty Financial, are all examples of Republicans in Congress looking the other way while Trump engages in what appears to be unconstitutional and corrupt practices.

While there have been some tactical and strategic setbacks for Trump, as the initial 100 days passes into the next 60 days, we are not out of harms way. He will become more dangerous. And, like a trapped and cornered animal, will attack, hard and fierce.  Hang on, it will be like holding on to the ears of an angry wolf.

For a cumulative list of backsliding and erosion of our democracy, please click ‘benchmarks’ or menu above. Updates are in bold.