While the Senate considered the budget reconciliation bill today, Trump visited the new detention facility in the Florida Everglades designed to hold 5,000 undocumented immigrants. The facility will cost $450 million a year, which will be reimbursed by the Federal Emergency Management Agency (FEMA). The Florida attorney general who came up with the plan gave it the name “Alligator Alcatraz,” a cutesy name for tents filled with cages for undocumented immigrants.
It was exactly a year ago today, on July 1, 2024, that the United States Supreme Court decided Donald J. Trump v. United States. The court’s majority overthrew the central premise of American democracy: that no one is above the law.
It decided that the president of the United States, possibly the most powerful person on earth, has “absolute immunity” from criminal prosecution for crimes committed as part of the official acts at the core of presidential powers. The court also said it should be presumed that the president also has immunity for other official acts as well unless that prosecution would not intrude on the authority of the executive branch.
Writing for the majority, Chief Justice John Roberts said that a president needs such immunity to make sure the president is willing to take “bold and unhesitating action” and make unpopular decisions, although no previous president ever asserted that he was above the law or that he needed such immunity to fulfill his role. Roberts’s decision didn’t focus at all on the interest of the American people in guaranteeing that presidents carry out their duties within the guardrails of the law.
The Supreme Court had delayed issuing its decision in that case until the last possible moment, guaranteeing that Trump would not face trial in the two federal criminal cases pending against him, one charging him with willfully retaining national defense information by taking classified information with him when he left office, and the other for trying to overturn the results of the 2020 presidential election.
A year later, today provided a snapshot of what happens to a democracy when a president feels he can disregard the law.
Trump’s Education Department announced today it is withholding $6.8 billion in funding for K–12 schools that, by law, was supposed to be disbursed starting today. By law, the executive branch must disburse appropriations Congress has passed, but Trump and his officers have simply ignored the law, saying they believe it is unconstitutional. The Constitution provides that Congress alone has the power to write laws and charges the president with taking “Care that the Laws be faithfully executed.”
But it was at a press conference in Ochopee, Florida, today that Trump showed just how profoundly the immunity conferred on him a year ago is undermining democracy.
Trump continues to say he will arrest and deport U.S. citizens to third countries. On April 14, a microphone picked up Trump’s comment to President Nayib Bukele of El Salvador that “homegrowns are next” after the undocumented immigrants Bukele was imprisoning for Trump. Today, Trump told reporters that “bad criminals” have migrated to the U.S., “but we also have a lot of bad people that have been here for a long time. People that whacked people over the head with a baseball bat from behind when they're not looking and kill them, people that knife you when you're walking down the street. They're not new to our country. They're old to our country. Many of them were born in our country. I think we ought to get them the hell out of here, too. You want to know the truth? So maybe that’ll be the next job that we'll work on together.”
He is also continuing to push the idea of attacking his political opponents. Today, Trump called for an investigation into Alejandro Mayorkas, homeland security secretary under President Joe Biden. He also threatened to arrest the Democratic nominee for New York City mayor, Zohran Mamdani, if he doesn’t work with ICE agents to arrest migrants, although local and state governments have no legal obligation to work with federal immigration enforcement. Trump claimed—incorrectly—that Mamdani is a communist, and said that “a lot of people are saying he’s here illegally.” In fact, Mamdani is a naturalized citizen.
Today Alan Feuer and Adam Goldman of the New York Times reported that a former FBI agent, Jared Wise, who was charged with telling the January 6, 2021, rioters storming the Capitol to kill police officers, is working with the task force in the Justice Department set up as a way for President Trump to seek retribution against his political enemies.
Once a new system of detention facilities and ICE agents is established and the idea that a Republican president can legitimately attack his political opponents is accepted, a police state will be in place.