Showing posts with label rule of law. Show all posts
Showing posts with label rule of law. Show all posts

Tuesday, March 17, 2026

‘Trump is aiming for dictatorship’. That’s the verdict of the world’s most credible democracy watchdog; The Guardian, March 17, 2026

, The Guardian ; ‘Trump is aiming for dictatorship’. That’s the verdict of the world’s most credible democracy watchdog

"The US is no longer a democracy. One of the most credible global sources on the health of democratic nations now says this outright. The Varieties of Democracy (V-Dem) Institute at Gothenburg University reaches the alarming conclusion in its annual report, that the US is hurtling towards autocracy at a faster rate than Hungary and Turkey.

“Our data on the USA goes back to 1789. What we’re seeing now is the most severe magnitude of democratic backsliding ever in the country,” says Staffan Lindberg, founder of the institute.

Since 2012, Lindberg has led his small group of researchers in Sweden to become the world’s leading source for analysis of the health of global democracy. In their latest report, published on Tuesday, they conclude that the US, for the first time in more than half a century, has lost its long-term status as a liberal democracy. The country is now going through a rapid process of what the report’s authors call “autocratisation”...

A record 41% (3.4 billion) of the world’s population currently resides in countries where democracy is deteriorating, the report claims, adding that Washington is leading this global turn away from democracy.

The researchers use 48 different metrics to assess democratic health, such as the freedom of expression and the media, the quality of elections and the observance of the rule of law. The resulting “liberal democracy index” shows that the speed with which US democracy is being dismantled is unprecedented in modern history. The main factor is a “rapid and aggressive concentration of powers in the presidency”, Lindberg says. Congress has been marginalised, jeopardising the “checks and balances” (judicial and legislative constraints on the executive) so crucial to US democracy. At the same time, civil rights have been rapidly declining and freedom of expression is now at its lowest level since the 1940s."

Sunday, March 15, 2026

The Trump Administration Floats a New Way to Humiliate the Legal Profession; The New York Times, March 13, 2026

Deborah Pearlstein , The New York Times; The Trump Administration Floats a New Way to Humiliate the Legal Profession

"To fill those empty seats, the department has begun an increasingly desperate effort to recruit hires. (“Don’t be scared off by the transcript requirement,” a conservative law school reportedly told its students. “G.P.A. is not a strong factor.”) Even so, it seems too few lawyers are willing to take the chance. So the Trump administration last week offered up a different solution: a proposed rule that aims to shield Department of Justice lawyers from independent ethics investigations.

Such an arrangement would run afoul of a federal law known as the McDade Amendment, which says that government lawyers are subject to the ethics rules of the states in which they practice, “to the same extent and in the same manner” as every other lawyer licensed in the state. The proposed rule would be challenged in court immediately if it ever took effect. It shouldn’t get that far, however. It would do much more than potentially give department lawyers a free pass to lie on the president’s behalf. It would severely limit the courts’ ability to offer any kind of independent check on the executive branch.

Rules requiring lawyers to serve as honest officers of the court have been adopted by every state and the District of Columbia. They serve a host of purposes, starting with the basic right to fairness. These rules are also critical to the independence of the courts, which depend on access to reliable evidence and accurate representations by counsel.

Such rules serve an especially critical function in constitutional democracies, which distinguish themselves from authoritarian regimes in part by insisting that truth and falsehood exist separately from whatever the government may assert...

The move against state bars is of a piece with the administration’s broader strategy against universities, the media and law firms — any set of organizations capable of challenging the president’s power. And few things threaten it more than holding it to the truth."

Wednesday, March 11, 2026

Introducing The Anthropic Institute; Anthropic, March 11, 2026

Anthropic; Introducing The Anthropic Institute

"We’re launching The Anthropic Institute, a new effort to confront the most significant challenges that powerful AI will pose to our societies. The Anthropic Institute will draw on research from across Anthropic to provide information that other researchers and the public can use during our transition to a world containing much more powerful AI systems.

In the five years since Anthropic began, AI progress has moved incredibly quickly. It took us two years to release our first commercial model, and just three more to develop models that can discover severe cybersecurity vulnerabilitiestake on a wide range of real work, and even begin to accelerate the pace of AI development itself.

We predict that far more dramatic progress will follow in the next two years. One of our company’s core convictions is that AI development is accelerating: that the improvements we make are compounding over time. Because of this, extremely powerful AI, like the kind our CEO Dario Amodei describes in Machines of Loving Grace, is coming far sooner than many think.

If this is right, society is shortly going to need to confront many massive challenges. How will powerful AI systems reshape our jobs and economies? What kinds of opportunities for greater societal resilience will they give us? What kinds of threats will they magnify or introduce? What are the expressed “values” of AI systems and how will society help companies determine what the appropriate values are? And, if the recursive self-improvement of AI systems does begin to occur, who in the world should be made aware, and how should these systems be governed?

The Anthropic Institute’s goal is to tell the world what we’re learning about these challenges as we build frontier AI systems, and to partner with external audiences to help address the risks we must confront. Whether our societies are able to do so will determine whether or not transformative AI delivers the radical upsides that we believe are possible in science, economic development, and human agency.

The Institute is led by our co-founder Jack Clark, who will assume a new role as Anthropic’s Head of Public Benefit. It has an interdisciplinary staff of machine learning engineers, economists, and social scientists, bringing together and expanding three of Anthropic’s research teams: the Frontier Red Team, which stress-tests AI systems to understand the outermost limits of their current capabilities; Societal Impacts, which studies how AI is being used in the real world; and Economic Research, which tracks its impact on jobs and the larger economy. The Institute will also incubate new teams, and is currently working on efforts around forecasting AI progress and better understanding how powerful AI will interact with the legal system.

The Institute has a unique vantage point: it has access to information that only the builders of frontier AI systems possess. It will use this to its full advantage, reporting candidly about what we’re learning about the shape of the technology we’re making. At the same time, the Institute is a two-way street. It will engage with workers and industries facing displacement, and with the people and communities who feel the future bearing down on them but are unsure how to respond. What we learn will inform what the Institute studies, and how our company as a whole chooses to act.

The Anthropic Institute has made several founding hires:

  • Matt Botvinick, a Resident Fellow at Yale Law School and previously Senior Director of Research at Google DeepMind and Professor in Neural Computation at Princeton, is joining the Institute to lead its work on AI and the rule of law.
  • Anton Korinek is joining the Economic Research team, on leave from his role as Professor of Economics at the University of Virginia, to lead an effort studying how transformative AI could reshape the very nature of economic activity.
  • Zoë Hitzig, who previously studied AI’s social and economic impacts at OpenAI, is joining to connect our economics work to model training and development."

D.C. Bar Begins Disciplinary Proceedings Against Ed Martin; The New York Times, March 10, 2026

, The New York Times ; D.C. Bar Begins Disciplinary Proceedings Against Ed Martin

A new legal filing accused Mr. Martin, a senior Justice Department official, of an unethical pressure campaign against Georgetown University.

"The disciplinary body for lawyers in the District of Columbia has filed ethics charges against Ed Martin, a senior Justice Department official in the Trump administration, accusing him of misconduct in seeking to punish Georgetown University’s law school, according to a filing.

Mr. Martin, who has spearheaded efforts by President Trump to use the Justice Department to punish the president’s perceived enemies, faces two counts of misconduct. The filing, submitted on Friday before the D.C. Court of Appeals Board on Professional Responsibility, is comparable to a civil lawsuit complaint in court and was signed by Hamilton P. Fox III, the disciplinary counsel for the D.C. bar.

Mr. Martin, who was forced to step down as the U.S. attorney in Washington because he did not have the Senate votes for confirmation, instead became the Justice Department’s pardon attorney. In that role, he has had far more access and influence in the White House than many of his predecessors.

The complaint is a significant escalation in the efforts to use state and local bars to punish lawyers in the Trump administration for purported violations of ethics rules in pursuit of the president’s aims. Last week, Attorney General Pam Bondi proposed a new rule to try to stall or delay bar associations from conducting such investigations into lawyers at the department."

Tuesday, March 3, 2026

Trump Administration, in Apparent Reversal, Tries to Continue Fight Against Law Firms; The New York Times, March 3, 2026

 Michael S. Schmidt,Jonah E. Bromwich and , The New York Times; Trump Administration, in Apparent Reversal, Tries to Continue Fight Against Law Firms

The administration told a court on Monday that it was abandoning its defense of executive orders targeting the firms. But on Tuesday, the Justice Department appeared to abruptly change its position.

"The Trump administration indicated on Tuesday that it planned to renew its defense of executive orders that it had leveled against law firms, a sharp reversal a day after indicating that it would drop that fight in court, according to people familiar with the matter.

The situation remained fluid Tuesday morning. It was not immediately clear what legal strategy the administration would ultimately embrace or whether a court would allow the Justice Department to reverse course.

The Justice Department did not immediately comment. The White House declined to comment...

It was not immediately clear on Tuesday what had prompted the about-face. But one question that the administration’s decision a day earlier to abandon its cases raised was whether the deals it made with nine law firms would survive and whether those contracts — which were not made public — were considered unconstitutional given that the district court ruling would be final."

Trump drops attack on Big Law, but firms already capitulated; Democracy Docket, March 3, 2026

Marc Elias , Democracy Docket; Trump drops attack on Big Law, but firms already capitulated

"As pleased as I am with the outcome of these cases, this is not a story with a happy ending.

The capitulation of Big Law has done enormous damage to our democracy. Firms that were never targeted have stopped representing pro bono clients in voting rights and civil rights cases. Leaders in the profession are rarely willing to speak out. As everyday Americans challenge the illegality of Trump’s actions in the streets of our cities, large law firms remain notably absent.

No one who has paid attention over the past year will ever view the role of lawyers the same way again. Long after Trump leaves office, when we are cleaning up the rubble he leaves behind, the damage to the legal profession will endure.

That is why it is so important not only to remember those who stood and fought, but also those who cowered and gave in. For confidence to be restored, the leaders of the firms that made deals with Trump must be treated as pariahs in the legal world — just as the Ellisons will be in media and Sam Altman will be in tech. When the dust settles, we must be clear about who stood up for our democracy and who was willing to let it fall for personal gain.

I have been fighting — and winning — against Donald Trump for a long time. Yesterday, I was proud to see a hard-earned victory. But today, and in the days ahead, we must rebuild trust in the rule of law and our legal system — not only by celebrating those who did the right thing, but also by ensuring we never forget those who betrayed our cause."

Nine Law Firms Surrendered. Four Law Firms Won.; The New York Times, March 3, 2026

THE EDITORIAL BOARD, The New York TimesNine Law Firms Surrendered. Four Law Firms Won.

"The four law firms that last year chose to fight President Trump’s illegal intimidation campaign have won vindication. Federal judges had already struck down Mr. Trump’s executive orders trying to punish the firms for representing or employing people he considered to be his political enemies. On Monday, the Trump administration abandoned its appeals of those rulings, accepting defeat.

The victories of the four firms — Jenner & Block, Susman Godfrey, Perkins Coie and WilmerHale — are a triumph for justice and democracy. The executive orders that Mr. Trump signed early in his second term were based on the lie that the firms had done something wrong. In fact, their lawyers were merely doing their jobs. They happened to represent Democrats and liberal groups or participated in prior investigations of him. And his would-be punishments of the firms had the potential to damage them badly. The executive orders barred the firms’ lawyers from entering federal buildings and meeting with federal officials, activities that are a necessary part of many legal cases.

The larger goal of the executive orders was chilling. The president attacked a bedrock principle of the law, which is that everybody deserves legal representation. He sought to frighten lawyers from representing people who had the temerity to criticize him. By extension, he sought to frighten any Americans who might criticize him.

Fighting the executive orders took courage, and the four firms deserve praise and gratitude for standing up to the president. They all risked losing clients and even having their firms collapse. Nine other firms folded and struck deals intended to mollify the president. The deals included promises to perform millions of dollars of pro bono work on behalf of Trump-friendly clients.

These nine firms all failed a high-stakes character test. Their leaders faced a choice between submitting to a bully and doing the right thing. The firms are not household names to most Americans, but it is worth listing them here. We hope that clients looking for fearless attorneys and law students deciding where to work will remember which elite firms were unwilling to fight back. Meekness is not a quality most people seek in a lawyer.

The first firm to fold was Paul Weiss, whose chairman at the time, Brad Karp, undertook what Ruth Marcus of The New Yorker described as a “desperate” campaign to reach a deal with Mr. Trump. The other eight firms were A&O Shearman; Cadwalader, Wickersham & Taft; Kirkland & Ellis; Latham & Watkins; Milbank; Simpson Thacher & Bartlett; Skadden Arps; and Willkie Farr & Gallagher...

The four law firms that fought the White House read the situation correctly. They insisted on due process and relied on judges to protect their rights under the Constitution. The American legal system depends on due process. Nobody, not even the president, should be able simply to assert that a person or organization has behaved wrongly and then exact a punishment for that behavior."

Monday, March 2, 2026

Trump Administration Abandons Efforts to Impose Orders on Law Firms; The New York Times, March 2, 2026

Jonah E. Bromwich and , The New York Times; Trump Administration Abandons Efforts to Impose Orders on Law Firms

The move amounts to a surrender in a clash that has led many law firms to submit to the president rather than face the threat of his executive orders

"The Trump administration on Monday abandoned its attempts to impose potentially crippling executive orders against law firms that refused to capitulate to the president, walking away from its appeal of victories the firms had won against the White House.

With a brief due this week, Justice Department lawyers told the U.S. Court of Appeals for the District of Columbia that they were no longer interested in pursuing the cases and were voluntarily asking the court to dismiss them.

The decision is the White House’s most significant acknowledgment that the executive orders cannot be successfully defended in court. The move is particularly striking given that some firms opted to reach deals in a bid to head off executive orders that President Trump’s Justice Department said it would no longer stand behind.

The battle over the executive orders had roiled the legal establishment and led many firms to submit to Mr. Trump rather than face the existential threat his directives represented. The orders barred the firms from government business and suggested that their clients could lose government contracts, spurring widespread panic in the legal profession."

Saturday, February 21, 2026

DoJ cases against protesters keep collapsing as officers’ lies are exposed in court; The Guardian, February 21, 2026

, The Guardian; DoJ cases against protesters keep collapsing as officers’ lies are exposed in court

"Department of Justice prosecutors across the US have suffered a string of embarrassing defeats in their aggressive pursuit of criminal cases against people accused of “assaulting” and “impeding” federal officers.

In recent months, the federal government has relentlessly prosecuted protesters, government critics, immigrants and others arrested during immigration operations, often accusing them of physically attacking officers or interfering with their duties.

But many of those cases have recently been dismissed or ended in not guilty verdicts.

In several high-profile cases, the prosecutions fell apart because they relied on statements by Department of Homeland Security (DHS) officers that had no supporting evidence or in some instances were proven by video footage to be blatantly false. Criminal defense lawyers said it was unusual for federal prosecutors to pursue a high volume of charges over minor clashes with law enforcement, and that it was extraordinary to see the DoJ lose case after case across jurisdictions.

Still, the costs for defendants, even if ultimately exonerated, have been enormous, with many having their mugshots blasted by the government and some forced to languish in jail or have criminal charges hang over them for weeks and months."

Saturday, February 14, 2026

Homeland Security Wants Social Media Sites to Expose Anti-ICE Accounts; The New York Times, February 13, 2026

Sheera Frenkel and  , The New York Times; Homeland Security Wants Social Media Sites to Expose Anti-ICE Accounts

The department has sent Google, Meta and other companies hundreds of subpoenas for information on accounts that track or comment on Immigration and Customs Enforcement, officials and tech workers said.

"The Department of Homeland Security is expanding its efforts to identify Americans who oppose Immigration and Customs Enforcement by sending tech companies legal requests for the names, email addresses, telephone numbers and other identifying data behind social media accounts that track or criticize the agency.

In recent months, Google, Reddit, Discord and Meta, which owns Facebook and Instagram, have received hundreds of administrative subpoenas from the Department of Homeland Security, according to four government officials and tech employees privy to the requests. They spoke on the condition of anonymity because they were not authorized to speak publicly.

Google, Meta and Reddit complied with some of the requests, the government officials said. In the subpoenas, the department asked the companies for identifying details of accounts that do not have a real person’s name attached and that have criticized ICE or pointed to the locations of ICE agents. The New York Times saw two subpoenas that were sent to Meta over the last six months.

The tech companies, which can choose whether or not to provide the information, have said they review government requests before complying. Some of the companies notified the people whom the government had requested data on and gave them 10 to 14 days to fight the subpoena in court."

Friday, February 13, 2026

Meet Aliya Rahman, Disabled U.S. Citizen Assaulted, Jailed & Traumatized by ICE in Minneapolis; Democracy Now, February 9, 2026

Democracy Now; Meet Aliya Rahman, Disabled U.S. Citizen Assaulted, Jailed & Traumatized by ICE in Minneapolis

"We speak with Aliya Rahman, a U.S. citizen who was violently dragged from her car by federal immigration officers in Minneapolis last month and detained at the Whipple Federal Building, which has become the epicenter of the government’s immigration crackdown in the city. Rahman says she repeatedly told agents she was disabled and had a brain injury, but they ignored her pleas for medical attention or other accommodation. “I was taken out of that place unconscious,” says Rahman, who describes lasting injuries and trauma from her detention. Rahman was not charged with any crime. “What I saw in that detention center was truly horrific.”

We also speak with attorney Alexa Van Brunt, director of the Illinois office of the MacArthur Justice Center, who says victims of ICE violence like Rahman can sue the federal government for violating their rights, “but they cannot sue the officers in their individual capacity.”"

Sunday, February 1, 2026

Judge Orders Release of 5-Year-Old, Whose Detention Drew Outrage; The New York Times, January 31, 2026

Mattathias Schwartz and , The New York Times ; Judge Orders Release of 5-Year-Old, Whose Detention Drew Outrage

The image of Liam Conejo Ramos, wearing a blue winter hat and Spider-Man backpack while in the custody of immigration agents, fueled outrage across the country.

"A federal judge on Saturday ordered the release of a 5-year-old boy and his father from immigration custody, condemning their removal from their suburban Minneapolis neighborhood as unconstitutional.

The image of Liam Conejo Ramos, wearing a Spider-Man backpack and an oversize fluffy blue winter hat as he was detained by officers earlier this month, spurred outrage at a moment when many were already incensed by the Trump administration’s immigration tactics in Minnesota and elsewhere across the country. The flood of immigration enforcement officers into Minneapolis, known as Operation Metro Surge, has led to mass demonstrations as well as the shooting deaths of two protesters, Renee Good and Alex Pretti, at the hands of federal agents.

In a blistering opinion ordering Liam’s release, Judge Fred Biery of the Federal District Court for the Western District of Texas condemned “the perfidious lust for unbridled power” and “the imposition of cruelty.” The boy’s father, Adrian Conejo Arias, was also arrested and the pair were taken to an immigration detention center outside San Antonio. A lawyer for the family previously said in court filings that Mr. Conejo Arias, who is from Ecuador, had legally entered the country under American guidelines for asylum. The Department of Homeland Security had charged that Mr. Conejo Arias had entered the country illegally in December 2024.

In a statement, Jennifer Scarborough and four other attorneys who represent Liam and his father praised the ruling. They said they were now working to quickly reunite the family. “We are pleased that the family will now be able to focus on being together and finding some peace after this traumatic ordeal,” they wrote."

Friday, January 30, 2026

Federal Agents Arrest Don Lemon Over Minnesota Church Protest; The New York Times, January 30, 2026

Hamed AleazizDevlin Barrett and , The New York Times ; Federal Agents Arrest Don Lemon Over Minnesota Church Protest

The former CNN anchor has said he was not demonstrating, but reporting as a journalist, during the interruption of a service inside a St. Paul church earlier this month.

"The former CNN anchor Don Lemon was arrested late Thursday night on charges that he violated federal law during a protest at a church in St. Paul, Minn., his lawyer said, in a case rejected last week by a magistrate judge.

Mr. Lemon has said he was simply reporting as a journalist when he entered the Cities Church on Jan. 18 to observe a demonstration against the immigration crackdown in the area.

The protesters interrupted a service at the church, where an Immigration and Customs Enforcement official serves as a pastor, and chanted “ICE out.” Afterward, the Trump administration sought to charge eight people over the episode, including Mr. Lemon, citing a law that protects people seeking to participate in a service in a house of worship.

But the magistrate judge who reviewed the evidence approved charges against only three of the people, rejecting the evidence against Mr. Lemon and the others as insufficient. The Justice Department then petitioned a federal appeals court to force the judge to issue the additional warrants, only to be denied."

Thursday, January 29, 2026

Democrats Call for Release of 5-Year-Old Detained by ICE; The New York Times, January 29, 2026

Aaron Boxerman and  , The New York Times; Democrats Call for Release of 5-Year-Old Detained by ICE

Representative Joaquin Castro said Liam Conejo Ramos appeared lethargic during a visit by lawmakers to the facility where he and his father are being held. The pair was detained in Minnesota.

"Democratic lawmakers called Wednesday for the immediate release of Liam Conejo Ramos, a 5-year-old detained by federal agents in Minnesota, after visiting him and his father in an immigration holding facility.

The detention of the boy — seized while wearing a Spider-Man backpack — has become a flashpoint, as anger has continued to grow over the Trump administration’s immigration crackdown and deportation efforts. Critics called his detention emblematic of the callousness of the administration’s policies, while the Department of Homeland Security said the boy had not been targeted or arrested.

U.S. Immigration and Customs Enforcement agents detained the pair in Columbia Heights, Minn., shortly after Adrian Conejo Arias, Liam’s father, collected him from school, according to local officials. They were then taken to an immigration detention center in Dilley, Texas, about 70 miles south of San Antonio."

Tuesday, January 27, 2026

Judge Temporarily Blocks Deportation of 5-Year-Old Detained in Minneapolis Suburb; The New York Times, January 27, 2026

 , The New York Times; Judge Temporarily Blocks Deportation of 5-Year-Old Detained in Minneapolis Suburb

An image of the boy, wearing a Spider-Man backpack as he was detained by federal agents, became a symbol of the immigration crackdown in Minnesota.

"A federal judge on Monday temporarily blocked the deportation of a 5-year-old boy and his father who were arrested in a Minneapolis suburb in an operation that further stirred the outrage over the Trump administration’s deportation efforts.

The boy, Liam Conejo Ramos, and his father, Adrian Conejo Arias, were arrested last week in Columbia Heights, Minn., shortly after the father had picked the boy up from school, according to school district officials. They were quickly taken to an immigration detention center outside San Antonio, where they remain.

In his order, Judge Fred Biery of the U.S. District Court for the Western District of Texas told the federal government that it could not move the boy or his father out of his court’s jurisdiction while they challenged their detention.

The detention of the boy and his father by U.S. Immigration and Customs Enforcement agents became a flashpoint in the Twin Cities, where anger has continued to grow over the surge of federal agents in the region. The image of Liam, wearing a Spider-Man backpack and a large winter hat as he was detained by federal agents, quickly became emblematic of the harsh effects of the government’s tactics in Minnesota."

Friday, January 23, 2026

What images of a detained five-year-old boy reveal about Trump’s draconian ICE crackdown; The Guardian, January 22, 2026

Robert Tait, The Guardian; What images of a detained five-year-old boy reveal about Trump’s draconian ICE crackdown

"One recent image shows the innocent figure of Liam Ramos, a five-year-old preschooler wearing a blue bobbled winter hat, standing next to a black vehicle with a dark-clad adult figure standing behind him, whose hand is proprietorially placed on his backpack.

A second picture depicts the same child at the door of a house, with what appears to be a masked Immigration and Customs Enforcement (ICE) agent standing behind him.

The exact circumstances of the photos – or their provenance – remains unclear. The homeland security department has insisted that Liam was being held for protective purposes after his father absconded when agents tried to detain him.

Yet officials from the Columbia Heights public school district, which circulated both pictures, say the latter conjures a dark and disturbing reality – of an unsuspecting Liam being exploited as bait to lure adults in his family home to open the door so ICE agents can arrest them."

ICE Detained a 5-Year-Old Minnesota Boy and Used Him As “Bait”; Mother Jones, January 22, 2026

 , Mother Jones; ICE Detained a 5-Year-Old Minnesota Boy and Used Him As “Bait”

"Immigration and Customs Enforcement agents detained a 5-year-old on his way home from school on Tuesday and used him as “bait” to knock on his front door to see if anyone was home, according to school officials in Minnesota. 

Liam Conejo Ramos, a preschooler, is one of at least four children from the Columbia Heights Public Schools district in suburban Minneapolis who have been detained this month, Zena Stenvik, the superintendent for the district, said in a press conference Wednesday."

Saturday, January 10, 2026

Is the Law Still King?; The Bulwark, January 9, 2026

William Kristol, The Bulwark; Is the Law Still King?

Two-hundred fifty years ago tomorrow, on January 10, 1776, in Philadelphia, Thomas Paine published his pamphlet Common Sense. Six months before the Declaration, Paine made the argument for independence directly to the people. The pamphlet was a sensation, and seems to have been read and discussed almost immediately and everywhere. The numbers are a bit fuzzy (there was no New York Times best seller list then!), but Common Sense seems to have sold something like 100,000 copies in a few months. In proportion to the population at that time, it may have had the largest sale and circulation of any book in American history.

As a key part of his argument, Paine makes the general case against hereditary or absolute monarchy, and for popular government and the rule of law. Here’s the famous paragraph:

But where, say some, is the King of America? I’ll tell you, friend, he reigns above, and doth not make havoc of mankind like the Royal Brute of Great Britain. . . . [T]he world may know, that so far as we approve of monarchy, that in America the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.

From the beginning, the rule of law has been central to the American experiment in self-government. Obviously in both theory and practice the concept brings with it complications and controversies. But the rule of law has always been seen as a necessary corollary, a central feature, of popular self-government. From Paine on, No Kings has meant that the law is king.

Is the law king in America today? We’re seeing a sustained and conscious effort to undermine the rule of law. From Minneapolis to Caracas, from the White House to the Department of Justice to the Department of Homeland Security, the Trump administration has engaged in what the Declaration called “a long train of abuses . . . pursuing invariably the same Object”—the object of eviscerating the rule of law and reducing us to mere subjects rather than self-governing citizens.

This has been obvious for the past year to all who have eyes to see, or who are willing to let their eyes do any seeing. But the last few days have provided especially clear instances of the assault on the rule of law. Just yesterday, for example, in the wake of the killing of Renee Good, Donald Trump’s FBI told Minnesota’s criminal investigative agency, the Bureau of Criminal Apprehension (BCA) that they were to be excluded from the investigation into Good’s death. The BCA reported that Trump’s FBI would not allow the BCA to “have access to the case materials, scene evidence or investigative interviews necessary to complete a thorough and independent investigation” of this killing in their jurisdiction. That’s because Trump’s FBI isn’t interested in trying to discover the truth. Their orders are clearly to cover up the lawless behavior of federal agents.

Meanwhile Trump confirmed on Wednesday in an interview with the New York Times that in international matters, he respects no legal limits on his power. The only limits he acknowledges are “My own morality. My own mind. It’s the only thing that can stop me.” I suppose we should thank Trump for providing a kind of living illustration, a kind of tableau vivant, of the claims of absolute monarchy that Thomas Paine ridiculed and denounced. But Trump’s not a faraway king from whom we’re about to separate ourselves. He’s our president.

And all this while Trump’s Justice Department is routinely ignoring the law that required the full release of the Epstein files by December 19, 2025. Yesterday, Reps. Ro Khanna (D-Calif.) and Thomas Massie (R-Ky.), the lead sponsors of the Epstein Files Transparency Act, asked a federal court to appoint “a Special Master and an Independent Monitor to compel” the the Justice Department to produce the Epstein files as the law requires. “Put simply,” they wrote, “the DOJ cannot be trusted with making mandatory disclosures under the Act.” Or put even more simply, Trump’s Department of Justice cannot be trusted to follow the law.

Earlier this week, political scientist Jeffrey Isaac addressed the apparent paradox that people who allegedly believe in “America First” have rallied to support Trump’s attack on another country. But as Isaac puts it, at its heart Trumpism is neither isolationist nor interventionist. It’s about authoritarianism: “contempt for the very idea of law” and “an embrace of the power politics of domination and conquest.” It’s a repudiation of democracy and the rule of law, both at home and abroad.

So which is it to be? A stand for liberty in the spirit of Thomas Paine, or acquiescence to the depredations of our own mad King George? The rule of law or the rule of Trump?"

No Amazon, No Gmail: Trump Sanctions Upend the Lives of I.C.C. Judges; The New York Times, January 10, 2026

, The New York Times; No Amazon, No Gmail: Trump Sanctions Upend the Lives of I.C.C. Judges

"To be elected a judge at the International Criminal Court was long considered an honor. For Luz del Carmen Ibáñez Carranza, the distinction has become an ordeal.

Ms. Ibáñez was a prosecutor in her native Peru, where she oversaw trials of Shining Path terrorists, of military officers accused of human rights abuses and of government officials charged with corruption. Death threats were common.

But since the Trump administration imposed sanctions on her and on some of her colleagues in retaliation for the court’s decision to investigate U.S. personnel in Afghanistan, she has faced different kinds of challenges, she said. The penalties effectively cut the judges off from all American funds, goods and credit cards, and prohibit individuals and business in the United States from working with them.

“We’re treated like pariahs, we are on a list with terrorists and drug dealers,” Ms. Ibáñez said...

In response to the hostility, the court is overhauling its American-dominated tech and financial systems. The court’s records and other data storage have been backed up at different sites, and finance and communications systems are being shifted to European platforms, according to several experts familiar with the court’s work who spoke on condition of anonymity to discuss sensitive matters...

In September, the court announced that it would transfer its office software from Microsoft to an open-source platform developed by a German government-owned company."

Tuesday, January 6, 2026

White House Posts False Jan. 6 Narrative on Riot’s 5th Anniversary; The New York Times, January 6, 2026

Luke Broadwater and , The New York Times; White House Posts False Jan. 6 Narrative on Riot’s 5th Anniversary

"On the fifth anniversary of the pro-Trump mob attack on the Capitol, the Trump administration created a new page on the official White House website that represented the president’s most brazen bid yet to rewrite the history of the Jan. 6 riot with false claims aimed at absolving him of responsibility.

The site blames Capitol Police officers, who defended lawmakers that day, for starting the assault; Democrats, who were the rioters’ main targets, for failing to prevent it; and former Vice President Mike Pence, who rejected falsehoods about the 2020 election, for allowing the results to be certified.

Mr. Trump has long sought to whitewash the violence and vandalism committed on Jan. 6, 2021, and reject responsibility for having instigated it. But the webpage, promoted on government social media accounts, put the official imprimatur of the White House on an astonishingly misleading account of the Capitol attack."