Exploding MAGA bits 💣

It just keeps getting weirder and weirder. And scarier.

The NYT reports: Trump Brazenly Defies Laws in Escalating Executive Power Grab -- Three weeks into his second term, hand-wringing about norms seems quaint. .... “We are well past euphemism about ‘pushing the limits,’ ‘stretching the envelope’ and the like,” said Peter M. Shane, who is a legal scholar in residence at New York University and the author of a casebook on separation-of-powers law. The array of legal constraints Mr. Trump has violated, Mr. Shane added, amounts to “programmatic sabotage and rampant lawlessness.” Trump has effectively nullified laws, such as by ordering the Justice Department to refrain from enforcing a ban on the wildly popular app TikTok and by blocking migrants from invoking a statute allowing them to request asylum. He moved to effectively shutter a federal agency Congress created and tried to freeze congressionally approved spending, including most foreign aid. He summarily fired prosecutors, inspectors general and board members of independent agencies in defiance of legal rules against arbitrary removal.

Comments: Wheeee!

The NYT reports: With Gaza Plan, an Unbound Trump Pushes an Improbable Idea -- President Trump basked as Prime Minister Benjamin Netanyahu of Israel praised his “willingness to think outside the box.” But when it came to Gaza, Mr. Trump’s thinking on Tuesday was so far outside the box that it was not clear he even knew there was a box. Mr. Trump’s announcement that he intends to seize control of Gaza, displace the Palestinian population and turn the coastal enclave into “the Riviera of the Middle East” was the kind of thing he might have said to get a rise on “The Howard Stern Show” a decade or two ago. Provocative, intriguing, outlandish, outrageous — and not at all presidential. .... Never mind that resettling two million Palestinians would be a gargantuan logistical and financial challenge, not to mention politically explosive. Never mind that it would surely require many thousands of U.S. troops and possibly trigger more violent conflict.

 

Comments: Great, we have an unbound president who doesn’t know there is a box to think outside of. Quick! Somebody get Jared Kushner on the klaxon. We gotta tell him DJT is opening up a huuuge development opportunity on the shore of the Mediterranean Sea! All high end resorts and no Palestinians!

Palestinian reaction

The NYT opines: What Is ‘State Capture’? A Warning for Americans. -- But the cumulative effect of these stories offers at best a complicated answer to what should be an uncomplicated question: Who exactly is running the federal government? It’s troubling enough not to be able to answer emphatically with “democratically elected leaders.” Even more troubling is the possibility that the actual answer is Mr. Musk — the world’s richest man — and other unaccountable, unelected, unconfirmed allies cozy with the president. Political economists have a name for that: state capture. State capture occurs when wealthy private interests influence a government to such a degree that they can freely direct policy decisions and public funds for their own benefit or for the benefit of their ideological fellow travelers (or both).

Comments: Wikipedia says that state capture is a type of systemic political corruption by private interests. Germaine says that says that state capture is one form of kleptocracy. Wheeeeee!! (insert poopstorm image here)

The NYT snarks: Jimmy Kimmel Wants Canada to Save Us, Eh? --  Kimmel is all for making Canada the 51st state: “If Canada also had 54 electoral votes, forget MAGA — our next president will be a kindhearted lesbian moose.”

Comments: Makes sense to me.

Kindhearted gay Canadian moose

TNR reports about some blowback coming to red states: Trump’s Plan to Gut Education Department Will Hit Red States Hardest -- The draft order will direct the department to slash spending and slash staff, according to The Washington Post. Such an aggressive decision on such a large scale would have sweeping consequences. “The Dept of Education provides crucial funding for low-income public schools—eliminating it would result in the loss of 6% of teachers’ jobs nationwide,” former adviser for Barack Obama, Steven Rattner, wrote on X.

Slate: Elon Musk’s Power Grab Is Lawless, Dangerous, and—Yes—a Coup -- If this were happening in any other country, we’d be calling it a coup -- The federal government is currently under relentless and unlawful assault by a man no one elected to lead it. With Donald Trump’s blessing and enabling, Elon Musk and his confederates have laid siege to the executive branch in an onslaught whose appalling and far-reaching consequences have barely begun to be reported, much less understood. .... Musk’s actions since Jan. 20 are so extreme that any summary runs the risk of sounding alarmist. This is not overstatement or embellishment: Although the billionaire purports to exercise executive authority, he does not appear to hold any formal office, serving in the ill-defined role of “special government employee.”

And it just goes on and on and on like this. 

Illegal access to data by Musk and his young DOGE minions?

Musk's minions

(Musk is vexed 🤨, irate even 😠, that they have been 

outed -- he didn't want us to know who these fine young people are)

Akash Bobba – A 22-year-old Indian-American engineer, Akash graduated from the Management, Entrepreneurship, and Technology program at UC Berkeley. He has interned at Meta and Palantir and is currently part of Elon Musk's Department of Government Efficiency (DOGE).

Luke Farritor – 21 years old. An American software engineer, Luke gained recognition for using artificial intelligence to decipher ancient Herculaneum scrolls, earning a $700,000 prize. He interned at SpaceX and is now a member of DOGE.

Ethan Shaotran – 20 years old. There is no publicly available information about an individual named Ethan Shaotran.

Edward Coristine – 19 years old. Edward appears to have recently graduated from high school and was enrolled at Northeastern University. He interned at Neuralink and is currently listed as an "expert" at the Office of Personnel Management (OPM), reporting directly to the chief of staff.

Gauthier Cole Killian – 24 years old. Also known as Cole Killian, he attended McGill University and worked as an engineer at Jump Trading. He is currently listed as a volunteer with DOGE.

Gavin Kliger – 23 years old. Gavin attended UC Berkeley until 2020 and worked for the AI company Databricks. He is listed as a special adviser to the director of the federal OMP for information technology.

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Elon Musk and his DOGE minions are aggressively demanding, and have obtained, access to sensitive federal data, including data about treasury department payments. Vast amounts of highly sensitive data are at stake. They have accessed sensitive Treasury data, including Social Security and Medicare customer payment systems. This access was granted without congressional approval, full background checks, or proper security clearances. Reuters reports that the Treasury Department confirmed that Musk and his team from DOGE have "read-only access" to its payment system. The system includes sensitive data related to Social Security and Medicare customer payments. Lawsuits have been filed to stop Musk's access to government computer systems, arguing unauthorized access to sensitive information about Americans, including personal details like addresses and Social Security numbers.

Federal law at 18 USC §1030(a)(2) and (a)(3): Fraud and related activity in connection with computers, controls who has access to federal computers with federal data. Section (a)(2) criminalizes unauthorized access to obtain information from any department or agency of the United States or from any protected computer. Section (a)(3) criminalizes intentionally accessing a nonpublic computer of a department or agency of the United States without authorization, where such conduct affects the use of the computer by or for the government. The penalties for violations under section (a)(2) are specified in subsection (c)(2) of the statute. For a first-time offense, the penalty is a fine under Title 18 or imprisonment for not more than one year, or both. If the offense involves an attempt to commit an offense punishable under this subparagraph or if the defendant has a prior conviction under this section, the penalty increases to a fine under Title 18 or imprisonment for not more than ten years, or both. To be convicted under section (a)(2), the government must prove beyond a reasonable doubt that the defendant (i) knowingly accessed a computer, (ii) did not have authorization or exceeded authorization, and (iii) intended to obtain information from the computer.

Those lawsuits are going to be very interesting to follow. Trump judges will have to figure some way to decide that Musk and his young minions did have authorized access. From what I can tell, Trump's authorization of Musk and DOGE alone is not sufficient to legalize the data access. While a president has broad executive powers, the law does not provide an exception for presidential authorization. In addition, Musk's access to sensitive data potentially violates other federal statutes, including the Privacy Act of 1974, the Federal Information Security Modernization Act, and strict taxpayer privacy provisions under the Internal Revenue Code. These laws impose strict controls on access to personal and financial data, and presidential authorization does not override these legal protections. 

To protect Musk and his young minions from criminal culpability, Trump judges would need to say that DJT's authorization implicitly authorizes access to the data. I guess that's how this will probably resolve some day when the case gets to the USSC, maybe in 2027. By then all the damage will have been done.

In related free, wild and butt naked MAGA weirdness, one source reports about how Republicans in congress see all this: Republican Senators Say They’re Fine Handing Their Power to Elon Musk -- Musk’s actions may be unconstitutional but “nobody should bellyache about that,” Sen. Thom Tillis said -- “He’s doing exactly what he should be doing,” Florida Sen. Rick Scott said Monday night. “He’s going through every agency and looking at how to make sure the money’s spent right.”

Musk is just making sure the money is spent right? Two US senators saying this in public?? Really??? 

Well there we have it. The MAGA GOP is just fine with abdicating power and allowing illegality. Presumably that is because the pesky law gets in the way of MAGA's kleptocratic authoritarianism. Or, is that just Germaine's standard over the top, hypersensitive hyperbole, unwarranted alarmism, or whatever?

Q: How much worse does MAGA need to act before most sleepwalking people start waking up, or will they just keep on sleepwalking?

Bits: White men in charge; The case that could get rid of same-sex marriage; USAID's demise

Part of the bigoted MAGA authoritarian package is to reassure white men that they are in charge and things will get back to normal real soon. Signs of this are starting to become public. For example, Darren Beattie has been appointed as the acting Under Secretary of State for Public Diplomacy and Public Affairs by DJT's administration. He posted this on X:

Beattie is known for promoting conspiracy theories, particularly related to the January 6 Capitol riot. He suggested the FBI was involved in orchestrating the attack, calling it a "Fedsurrection" and a "setup" to frame Trump supporters. His past involvement with a conference attended by white nationalists led to his dismissal from the Trump administration in 2018. This association has been a point of contention, with critics arguing that it undermines the credibility of the State Department's efforts to promote American values globally. Well, Beattie is promoting American MAGA values globally. So, he's doing his job. 

His implication is that only white men are competent. So MAGA picks people because they are a certain race and gender? That sounds like DEI!!

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The Kentucky Lantern reports on a case seeking to overturn the right to same-sex marriage has reached the federal court of appeals in the 6th circuit:

CINCINNATI — A lawyer for former Rowan County Clerk Kim Davis argued before the 6th U.S. Circuit Court of Appeals Thursday in a case he hopes will help overturn federal same-sex marriage protections.

The oral arguments focused on the question of whether Davis should pay $100,000 to David Ermold and David Moore for denying their marriage license a decade ago.

After the hearing, Davis’ lawyer, Liberty Counsel founder and chairman Mat Staver, told the Lantern that his team’s goal is for the appeal to reach the U.S. Supreme Court. The case would provide the justices an opportunity to re-evaluate the decision that guaranteed gay couples equal marriage rights on the same grounds that the court in 2022 used to overturn the federal right to abortion, Staver said.

Obergefell v. Hodges, the 2015 decision that guaranteed same-sex couples marriage rights, is “on the same shifting sand” that doomed Roe v. Wade, said Staver.

“I think … it’s not a matter of ‘if,’ it’s a matter of ‘when’ Obergefell will be overturned,” Staver told the Lantern. “I have no doubt that Obergefell will be overturned, and the issue will be returned back to the states as it was before 2015.”

This could be the case that kills same-sex marriage. Once it gets to the USSC, probably in May or June of 2025, he USSC could take the case up. However, it might not decide it until sometime before the end of the 2026-2027 term in June 2027. My guess is that the USSC would overturn same-sex marriage, but wait until after the 2026 mid-terms to minimize political damage to MAGA and American Christian authoritarianism generally.  

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Actually, the main conflict is facts vs lies,

but let's not quibble

The AP reports about what USAID (US Agency for International Development) does, MAGA's efforts to get rid of it and what Americans think about foreign aid generally:

Over the last two weeks, President Donald Trump’s administration has made significant changes to the U.S. agency charged with delivering humanitarian assistance overseas that has left aid organizations agonizing over whether they can continue with programs such as nutritional assistance for malnourished infants and children. 

President Kennedy created USAID at the height of the United States’ Cold War struggle with the Soviet Union. He wanted a more efficient way to counter Soviet influence abroad through foreign assistance and saw the State Department as frustratingly bureaucratic at doing that.

Congress passed the Foreign Assistance Act and Kennedy set up USAID as an independent agency in 1961.

Critics say the programs are wasteful and promote a liberal agenda.

On his first day in office Jan. 20, Trump implemented a 90-day freeze on foreign assistance. Four days later, Peter Marocco — a returning political appointee from Trump’s first term — drafted a tougher than expected interpretation of that order, a move that shut down thousands of programs around the world and forced furloughs and layoffs.

Musk’s Department of Government Efficiency, known as DOGE, has launched a sweeping effort empowered by Trump to fire government workers and cut trillions in government spending. USAID is one of his prime targets. Musk alleges USAID funding been used to launch deadly programs and called it a “criminal organization.”

About 6 in 10 U.S. adults said the U.S. government was spending “too much” overall on foreign aid, according to a March 2023 AP-NORC poll. Asked about specific costs, roughly 7 in 10 U.S. adults said the U.S. government was putting too much money toward assistance to other countries. About 9 in 10 Republicans and 55% of Democrats agreed that the country was overspending on foreign aid. At the time, about 6 in 10 U.S. adults said the government was spending “too little” on domestic issues that included education, health care, infrastructure, Social Security and Medicare.

Polling has shown that U.S. adults tend to overestimate the share of the federal budget that is spent on foreign aid. Surveys from KFF have found that on average, Americans say spending on foreign aid makes up 31% of the federal budget rather than closer to 1% or less [it amounted to ~0.65% in 2023].

Once again, one see mass public ignorance. The public's ignorance void is filled, as usual in the US these days, with radical right authoritarian lies intended to undermine good government and democracy. My guess is that the benefits to the US outweigh the cost of foreign aid, but that is a point that critics never mention or reject by calling it wasteful. Having a US public that falsely believing that about 31% of all government spending is foreign aid greatly helps to kill US foreign aid and the benefits that flow from it. 

Arguments that supporters of foreign aid spending don't seem to resonate much. That includes (i) spreading American influence and enhancing the US's reputation and good will abroad, an intangible but real benefit, and (ii) building markets in countries like South Korea that were once recipients of U.S. aid, but are now significant trading partners, which contributes to the U.S. economy. Guess that's too complicated.

Getting it done, the Trump edition

 Feast your eyes:

Colombia caves on deportations after Trump's threats

Colombia's leftist president, Gustavo Petro, had earlier said he would only take back citizens "with dignity," such as on civilian planes, and had turned back two US military aircraft with repatriated Colombians.

Trump, less than a week back in office, responded furiously and threatened sanctions of 25 percent that would quickly scale up to 50 percent against Latin America's fourth-largest economy.

Petro initially sought to hit back and impose his own tariffs on US products, but by the end of the volatile Sunday, he had backed down.

https://www.trtworld.com/latin-america/colombia-caves-on-deportations-after-trumps-threats-18258273

Trump and Trudeau make a deal: Canada-U.S. trade war delayed by ‘at least 30 days’

According to the prime minister, in addition to implementing the $1.3 billion border plan – which includes deploying additional personnel, drones, surveillance equipment and helicopters – Canada is making new commitments.

Trudeau said 10,000 frontline personnel “are and will be working on protecting the border,” Canada will be listing cartels as terrorists, and the federal government will appoint a “fentanyl czar.”

https://www.ctvnews.ca/politics/article/all-hands-on-deck-trudeau-talks-to-trump-as-canadian-politicos-make-final-us-push-ahead-of-tuesday-tariffs/

Trump agrees to pause tariffs on Canada and Mexico after they pledge to boost border enforcement.

Mexico bows to Trump, scrambles to meet his demands

“Mexico will immediately reinforce the northern border with 10,000 members of the National Guard to prevent drug trafficking from Mexico to the United States, particularly fentanyl,” Sheinbaum said in a translated statement on X, formerly Twitter.

“The United States is committed to working to prevent the trafficking of high-powered weapons to Mexico,” Sheinbaum added. “Our teams will begin working today on two fronts: security and trade. They are pausing tariffs for one month from now.”

https://americanmilitarynews.com/2025/02/mexico-bows-to-trump-scrambles-to-meet-his-demands/

Rubio demands Panama 'reduce China influence' over canal

While not addressing the ultimatum over the canal, Mr Mulino said in a news conference on Sunday that his government would not renew an agreement with China on its "Belt and Road" investment initiative signed by a former president in 2017.

Mr Rubio called the development "a great step forward" in a post on X on Monday morning as he was preparing to leave Panama.

"[A]nother example of [President Trump's] leadership to protect our national security and deliver prosperity for the American people," said Mr Rubio.

Mulino also told reporters he did not see a serious threat of US military force to seize the canal, saying he had proposed technical-level talks with the US to address Mr Trump's concerns about Chinese influence.

https://www.bbc.com/news/articles/c39149p920no

Six Americans freed in Venezuela after Trump envoy meets with Maduro

Six Americans who had been detained in Venezuela are heading home to the US, President Donald Trump announced Friday, after his envoy met with the country’s President Nicolás Maduro.

https://edition.cnn.com/2025/02/01/americas/americans-freed-in-venezuela-intl-hnk/index.html

Trump tells Putin to end 'ridiculous war' in Ukraine or face new sanctions

Donald Trump has warned he will impose high tariffs and further sanctions on Russia if Vladimir Putin fails to end the war in Ukraine.

Writing on his social media platform Truth Social, he said that by pushing to settle the war he was doing Russia and its president a "very big favour".

Trump had previously said he would negotiate a settlement to Russia's full-scale invasion launched in February 2022, in a single day.

Responding to the threat of harsher sanctions, the Kremlin said it remains "ready for an equal dialogue, a mutually respectful dialogue".

"Settle now, and STOP this ridiculous War! IT'S ONLY GOING TO GET WORSE. If we don't make a 'deal', and soon, I have no other choice but to put high levels of Taxes, Tariffs, and Sanctions on anything being sold by Russia to the United States, and various other participating countries."

https://www.bbc.com/news/articles/cjw4q7v7ez1o

Trump to speak with China's Xi after hiking tariffs, White House says

China, which has long called tariffs counterproductive, offered relatively muted criticism of the tariffs and signaled an openness to talks.

The country's government appeared poised to seek a deal with Trump that could delay or stop tariffs, according to a person familiar with the matter.

The U.S. dollar hit a record high against the Chinese yuan traded offshore and was hovering near those levels on Monday.

https://www.reuters.com/markets/trump-warns-tariffs-china-may-increase-2025-02-03/

With Trump getting it done and kicking butt, is it any wonder..............

Trump favorable / unfavorable ratings

Trump has a 50.4% favorability rating based on 629 polls.

Feb 3, 2025    Favorable    50.4%

                        Unfavorable     47.3%

https://elections2024.thehill.com/national/trump-favorability-rating/

MAGA!