I wish every Democrats in the country would read this from Josh Marshall. I’m going to post it all because I really want you to read it and I hope Josh doesn’t mind. (Please do subscribe to his site if you can. It’s consistently great.)
Over the course of the last two weeks, I’ve tried to drive home the point that the Democrats in Congress mostly can’t do anything to stop what the Trump administration is doing. That’s not a matter of weakness or bad strategy. Voters decided in November to put all federal power in the hands of Republicans. That’s done. It already happened. Many of the cries for Democrats to “do something” amount to thinking that if Democrats get energized and forceful enough they can undo the consequences of that election, as though there’s some “off” lever that if you reach really high you can grab ahold of and make all of this stop. You might as well demand Kamala Harris show some gumption and start issuing her own executive orders.
This emphatically does not mean Democrats are doing all they can or that there’s nothing they can do. But it is critical at every level to understand what the menu of actions includes. As much as this might seem pedantic, it’s critical to think very clearly about what an opposition does and what its tools are. Otherwise you’re just getting riled up demanding your fighters run at full speed, head first into the castle wall.
Fundamentally this is a battle over public opinion. And there are three areas of action to engage that battle.
First, Democrats’ job is to make the case every day what a disaster Trump governance is and ask voters whether they’ve decided yet that they’d like to make a change. In a way any opposition must almost exalt it’s powerlessness. We’d love to stop these horrible things for you, voters. But you have to put us in power to do it. Second, there is the critical but highly compromised avenue of court action. It was blue states that brought the lawsuit which just put the budget freeze under a restraining order. Third, there’s the very limited but crucial moments when Democrats, even in the minority, can force the majority to come to them or simply delay or even stymie action. The debt ceiling, as I’ve been saying, is a key one of those moments.
This post is mainly about the point I am about to get to below. But for now, “making the case,” Item #1, really can’t be about press releases or even traditional press conferences. I’ve been watching press releases come in this evening. Those are meaningless. That’s simply not how people communicate today. It involves stunts; it involves making news happen in ways that require knowing how reporters decide what’s a story. Dogs biting men; men biting dogs; dogs and men teaming up to bite someone else. You’ve got to think how media works. It certainly involves actual politicians getting on social media and making cases in their own voices. It requires a lot more creativity than we are currently seeing. But we’ll get to that in subsequent posts.[ See below for a couple of good examples— digby]
In this post I want to focus on what is mostly a legal avenue. We still know much less than we should about who’s actually running this show. There’s mounting evidence that even more than we know is being directed by Elon Musk and his private-sector employees, who are now fanned out across the government. He appears to have taken control of the federal payment system which allows his operatives to stop checks to any private individual in the country and/or examine all their personal financial information. According to The New York Times, Musk has tasked engineers with figuring out how to cut off the flow of funds from the Treasury to programs and priorities he believes conflict with the brief he received from Donald Trump. He has also taken control of some portion of the federal agency computer systems, allowing his operatives to lock federal workers out of key computer systems. We need a lot more reporting on just how he is exerting this power, specifically under what authority and who the people are he’s installed at these government agencies. Some have simply been appointed to new roles the old-fashioned way. But the best information we have about how “DOGE” is working suggests many are employees from his private companies operating with no legal authority at all.
There’s a pretty developed law that you can’t do stuff in the federal government if you’re not an employee of the federal government, or a contractor who is placed under the rules of the federal government. If you do do those things you become a de facto government employee and the law says you come under all sorts of record-keeping and disclosure requirements. Those requirements turn out to be quite important and consequential.
Now to be clear, I don’t expect a federal judge to start smacking Elon Musk around and I don’t expect a sad sack Musk to glumly apologize to the judge and go along his way back to Texas. But in a situation like this, when laws are being broken at such high velocity you’re looking more than anything else to get into court with a live argument. And this is a very live argument. As I noted above, this is fundamentally a battle over public opinion. But critical to a battle over public opinion in an onslaught such as this is slowing things down as much as possible, throwing as much sand in the gears as possible. That stretches out the amount of time people have to get an understanding of what’s happening. It increases their visibility into what’s happening. It also focuses attention, rightly, on Elon Musk who is much more unpopular than Donald Trump.
Getting into court — getting into court on a lot of fronts — is one of the ways you do that. Public opinion only comes into play in a hard fashion at the next election. But as public opinion shifts, if it does, it starts impacting anyone planning on facing voters in the next election. The courts are fundamentally unfriendly to democracy today because they all report up to the Supreme Court. But the point isn’t “courts will save us” malarkey. (In any case, that’s now mainly the mocking phrase of wreckers and sad sacks.) It’s putting sand in the gears, slowing things down as one front in the battle for public opinion.
The legal status of what news orgs are now consistently calling “Musk’s team” is high on the list as one way to do this.
I could not agree more with all of this.
Here are the examples of Democrats doing it well:
Repeat:
Different approach: