Splicetoday

Politics & Media
Feb 03, 2025, 06:26AM

Power and Accountability

Seeking cogent pro-Trump arguments I might’ve missed.

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On a winter day in 1988, a snowstorm shut down the federal government, except for essential personnel. The snow was heavy in New York as well as D.C., and I was in a midtown office building working on my first article as a non-student journalist. It was for Business International Money Report, a newsletter that (I’d find out long after) once featured the financial journalism of a young Barack Obama. My article was about a new system the Treasury Department was implementing to administer its outgoing payments.

I called a Treasury Department official and interviewed him about it. I don’t remember his name, and finding the article, which isn’t online, would require a laborious search through boxes in my house. The official said he was essential personnel, which my editor found amusing as to how someone with that status would have time to chat with me on the phone while the government was shutting down.

That old memory came to mind as I read a Washington Post story on how a senior Treasury official is “departing after a clash with allies of billionaire Elon Musk over access to sensitive payment systems.” The article reports that “[t]he clash reflects an intensifying battle between Musk and the federal bureaucracy” as “Musk has sought to exert sweeping control over the inner workings of the U.S. government.” You may recall that the Department of Government Efficiency, to be run by Musk and Vivek Ramaswamy (already forced out), was to be a non-governmental advisory body. Instead, it’s been converted into a government office (grafted onto the Federal Digital Service) and given powers of unclear scope and legality. In 1988, at least, “sensitive payment systems” were managed by people with clear-cut job descriptions and accountability, not cronies of an unstable Icarus-like billionaire.

Under the second Donald Trump administration, the federal government is decaying rapidly. It’s not transforming into a leaner, more efficient operation, nor reorienting toward a more free-market economy. Rather, the administration, with complicit allies in the legislative and judicial branches, is shredding institutional safeguards against abuse of power and undermining the rule of law, including checks and balances written into the Constitution. The administration has already disregarded an order by the Supreme Court, the one upholding a ban on TikTok. It’s fired inspectors-general without complying with a law about timing and cause. It’s undertaken, albeit in a stumbling way, to undermine Congress’ control over spending, which is central to the constitutional separation of powers.

Perhaps the Democrats, with a few renegade Republicans, will have some successes in resisting this onslaught. Perhaps power struggles within the Trump administration will limit the push toward autocracy, resulting in fiefdoms that are contrary to the “unitary executive” theory that the administration propounds. That theory denies that any portion of the executive branch should be able to operate with any degree of independence from the dictates of the president, and that Congress or the courts have any power to legislate or decide any limits on the president’s control over the branch. Propounded as a doctrine against unaccountable bureaucrats, it is instead a recipe for dictatorship.

I might be an alarmist who’s getting things wrong. I’d welcome suggestions, ongoing, about what I should read, including political articles supportive of the administration. Leave them in the comments of my Splice Today articles or find me on BlueSky. I’ll look as able and respond when that’s worthwhile. I’m not normally on X anymore; I’ve lurked there a few times recently with my old book account, however, and my impression was that, contrary to a florescence of free speech, sparks of independent thought on that platform have faded. Still, as confirmation bias is all too easy on the internet, I’d appreciate some pointers toward cogent pro-Trump arguments I might’ve missed.

Splice Today’s proprietor, Russ Smith, publicly rejected my offer of a free month of Jennifer Rubin’s The Contrarian, after telling me by email that he couldn’t think of “anything worse.” While I recommended a few other publications in response, I’ll reiterate in particular my suggestion that readers take a look at Damon Linker’s Notes from the Middleground. Linker has a talent for subjecting his own ideas to critical scrutiny, rethinking them as circumstances develop; it’s a capacity much-needed and too-uncommon today.

—Kenneth Silber is author of In DeWitt’s Footsteps: Seeing History on the Erie Canal. Follow him on Bluesky

Discussion
  • We just had 4 years where the President (Biden) used the DOJ and FBI and lawfare to attack political opponents, where a kid was imprisoned for a humorous meme, where grandmothers and cancer patients were imprisoned without trial for months because they entered the U.S. Capitol when police opened the doors and waved them in, and we now learn where the US AID has been funding every group that supports the Democratic Party including helping Alexandria Ocosio-Cortez launch her career. If you said nothing about any of this, your thoughts on Trump delegating to Elon Musck a review of how the federal government's payment systems send money to groups on terrorists watch lists really have no credibility.

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  • I highly recommend readers follow Andy Craig and Walter Olson for libertarian perspectives on how the present power grabs threaten liberties. For example see https://open.substack.com/pub/theunpopulist/p/elon-musk-has-appointed-himself-dictator?utm_source=share&utm_medium=android&r=tn2fl and https://www.cato.org/blog/trump-keeps-defying-established-law-why

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  • Also, reading a comment above, I see "a kid was imprisoned for a humorous meme." I don't know what that refers to, but if it's Douglas Mackey, sentenced in 2023 at age 34 to seven months because "Defendant Attempted to Trick Voters Into Believing They Could Vote By Text Message," I'm nonplussed by the example. https://www.justice.gov/usao-edny/pr/social-media-influencer-douglass-mackey-sentenced-after-conviction-election

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  • Fulfilling my own request for pro-Trump material, I point readers to Glenn Reynolds' NY Post column "Smashing the ‘rice bowls’ — how elites are lashing out at Trump and Musk’s reforms." https://nypost.com/2025/02/04/opinion/smashing-the-rice-bowls-how-elites-are-lashing-out-at-trump-and-musks-reforms/ Reynolds is someone I've had some contact with over the years and consider one of the most knowledgeable right-wing pundits. Note that his piece, besides parroting unevidenced claims by Musk and Noem that bureaucrats are breaking laws, doesn't even try to address the crucial question of what legal basis DOGE has to be taking over or abolishing agencies in any case. What makes that omission particularly absurd is that Reynolds is a law professor.

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  • Not trying to engage in pharisaic parsing, but which usage of "nonplussed" was intended in your comment above?

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  • I presume that wasn't you trying to tag me as a Pharisee in the NY Post comments section. For the record, I'm good friends with the editorial page editor there and don't hold it against him that so many of his commentors are morons. As for "nonplussed," I wasn't aware of the tangled history described at https://www.merriam-webster.com/grammar/nonplussed but I was trying to say I was "unimpressed," though "perplexed" wouldn't be entirely off.

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  • Background: https://www.openweb.com/share/2scjngjfOEIPbyW2x7A6NfY5tiy

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  • My final words to the commentors at the NY Post, but applicable more broadly: You're going to miss the rule of law when it's gone. Someday there might be again be a president you don't like, and if that person's not bound by constitutional and legal restraints, you'll regret the precedents currently being set. For my part, I'm not a federal employee, or recipient of government funding of any kind, nor likely target of law enforcement or important enough to be on any enemies list. I've no personal interest here except that I want to live in a country where leaders have to follow the law.

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  • Yeah, I followed your link to the article and saw your comment there. I tried to look up pharisaic phrasing, but could only find a few unhelpful examples. I agree with you and hope that legality will always obtain, now and forever. If you don't like it, change the law.

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  • The guy might've said "parsing" but either way his point was to liken me to the Pharisees in the Bible, denounced (from a Christian perspective) for over-emphasizing religious rules and details about them, with a "cold and arrogant brand of righteousness." https://bible.org/illustration/pharisaic-laws I'm kind of inclined to embrace the label "Modern Pharisee."

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  • Yes, parsing it is. Thanks for elucidating.

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  • It is to your credit Ken that at least you are self reflective enough to admit that "I might be an alarmist who is getting things wrong." I think you are being an alarmist but more than that I think you are being premature in your critical analysis of Trump 2.0. It has been just over two weeks since Trump's inauguration so it is important to not jump to conclusions and allow things to play out. Musk was assigned the task of exposing what is taking place in the executive branch bureaucracies and passing that information on to the Trump administration where the waste, fraud and abuse which he exposed can be eliminated and those unelected bureaucrats in the administrative state can be held to account. With the enormous amount of waste that was uncovered within USAID Musk so far is off to a great start. Every branch of the unelected administrative state should receive a similar audit as USAID and allow the waste, fraud, abuse and inefficiencies to see the light of day so that they can be curtailed . Sunlight is the best disinfectant. We the taxpayers deserve to know how our tax dollars are being spent and how they are being wasted. We also deserve to know the extent of the abuse, corruption and sheer ineptness that is taking place in large swaths of the unelected and too often unaccountable administrative branches of government....

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  • Andy Craig, and now Cato generally (I will leave Olson out of it since he at least has a long pedigree), seem to be Beltway libertarianism's failed strategy to suck up to the now dying "liberal" establishment by saying "Hey! We are like you but we are smarter and understand economics." If you are going to whore yourself out you should at least be successful in getting mom her new kidney or your child through college.

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  • It is revealing how many journalists including Andy Craig are outraged by Elon Musk's role in the Trump administration as the head of DOGE working within the US Digital Service without a mention of the vast waste and abuse within USAID uncovered by DOGE which has exposed USAID as a corrupt racket and a national scandal. There is also no mention by Andy Craig and like minded journalists that Musk's role as a special advisor to the president or special government employee is not unprecedented. Here are a few examples. President Biden created the position of US Special Presidential Envoy for Climate which was grafted onto the State Department and headed by John Kerry [Climate Czar] who conducted unofficial and secretive government affairs without senate confirmation and which cost the US Government several million dollars annually to run with no accountability or congressional oversight. https://headlineusa.com/john-kerry-awards-himself-portrait-after-squandering-32m-as-climate-czar/....There is also the example of Harry Hopkins who was a special government assistant to FDR and who had nearly unchecked power and influence during the early stages of WWII. The following excerpt is from the linked article on Harry Hopkins. "The House of Representatives passed the Lend-Lease Act on February 8, 1941, and the Senate followed suit a month later. Roosevelt tapped Hopkins to “advise and assist me in carrying out the responsibilities placed upon me” by the passage of the bill. Such a vague job description gave Hopkins nearly free rein for the task of preparing the armed forces and private business for war production. “Under my new responsibilities,” Hopkins wrote to Churchill, “all British purchasing requests are now routed through me.” Hopkins still lacked an official title, but he had become, in the eyes of many journalists, the “Deputy President.” " https://www.historynet.com/harry-hopkins-president-franklin-d-roosevelts-deputy-president/.....

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  • I'd mention that Harry Hopkins had been Senate-confirmed as Secretary of Commerce and didn't continue running his own businesses.

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  • Harry Hopkins was confirmed as Secretary of Commerce in 1938 and he resigned from his cabinet position in 1940 several months prior to becoming a special assistant for FDR.

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  • The differences between Hopkins and Musk and their respective roles outweigh the similarities, in my view. Or as The Atlantic put it in 1948: "It is the genius of Harry Hopkins that he supplied what the American system lacked. He became in reality Assistant President of the United States. It was an office that would be tolerable only if held by one who worked with complete humility and in true subjection to the President. He filled it so unselfishly that in his lifetime, so far as the public is concerned, he was unacknowledged, unrecognized, and unthanked. "https://www.theatlantic.com/magazine/archive/1948/11/harry-hopkins-whipping-boy-or-assistant-president/644135/

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  • Unfortunately the linked article from the Atlantic is behind a paywall so I wasn't able to get access to it which is a shame because the Atlantic was at onetime an particularly in those times a high quality journal. My father was a subscriber to the Atlantic as was I for many years...Harry Hopkins deserves huge credit for his unique role as a diplomat and for championing and administrating the Lend-Lease plan which sent needed war materials to the allied militaries and was an essential component in turning the course of WWII in the allies favor...Obviously Hopkins and Musk are very different types of people, their tasks are very different and the times are very different.. One point we may agree on is ideally it would be best for DOGE to be run by someone who is highly skilled at finding waste, fraud and abuse and implementing efficiencies within the executive agencies but does not at the same time have the huge business footprint of Musk. It could be that like Harry Hopkins Elon Musk is uniquely qualified for the task at hand and that the benefits of DOGE outweigh the less than ideal circumstances of MUSK being at its helm in spite of his business interests. It is still early on in the process and I will reserve final judgment until I see more but so far as it pertains to DOGE I like what I see....

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  • Gift link that may or may not work: https://www.theatlantic.com/magazine/archive/1948/11/harry-hopkins-whipping-boy-or-assistant-president/644135/?gift=5GG_p7RQSqePHB8EWFEnzoHiRMC97rSJOVZhIzK7MOo&utm_source=copy-link&utm_medium=social&utm_campaign=share

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  • The gift link did allow me to get access to the Atlantic Hopkins article. I appreciate that Ken!

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