Amicus With Dahlia Lithwick | Episode: Trump’s American Takeover

Host: Slate Podcasts
Guest: Kim Lane Shepley, Lawrence S. Rockefeller Professor of Sociology and International Affairs, Princeton University
Release Date: February 1, 2025
Duration: Approximately 54 minutes

1. Introduction to the Episode

In the episode titled "Trump’s American Takeover," Dahlia Lithwick delves into the alarming developments surrounding Donald Trump's attempts to consolidate power in the United States. The conversation with Kim Lane Shepley explores the intricate mechanisms through which executive power is being entrenched, drawing parallels with global autocracies and examining the fragile state of American democracy.

2. Trump's Wave of Executive Orders and Authoritarian Moves

Dahlia Lithwick opens by detailing a relentless series of executive actions taken by Trump, which include:

• Banning transgender individuals from military service
• Restricting healthcare for transgender youth
• Imposing federal bathroom bans
• Threatening to cut funding to schools opposing the president’s views on race, gender, and politics
• Proposing the establishment of Guantanamo Bay as a massive prison camp for deported migrants

These measures, as Lithwick describes, are part of a broader strategy to destabilize democratic norms and enforce an illiberal agenda under the guise of legal authority.

Notable Quote:
"It's easy to focus in on the daily pandemonium to think that Trump is the story. It's also really tempting. I get it. To tune it all out because it's just too much but of course, this is all by design."
— Dahlia Lithwick [05:20]

3. Comparing U.S. Actions to Global Autocracies

Kim Lane Shepley articulates how Trump's actions mirror those of leaders like Viktor Orban in Hungary, Vladimir Putin in Russia, and Hugo Chavez in Venezuela. The key similarity lies in the methodical dismantling of checks and balances through seemingly lawful means.

Key Points:

• Project 2025:
  Two-thirds of Trump’s first-day executive orders are derived from Project 2025, a blueprint crafted by the Heritage Foundation aimed at restructuring American governance to favor conservative statecraft.

• Suspension and Manipulation of Civil Service Laws:
  In Hungary, Orban suspended civil service laws to terminate government workers, instilling fear and uncertainty. Similarly, Trump’s administration has issued orders that undermine civil service protections, leading to reassignments and firings.

• Defunding the Press and Civil Society:
  Orban systematically defunded media outlets critical of his regime, leading to the collapse and acquisition of independent news sources by state-aligned oligarchs. Trump has mirrored this by targeting government-funded programs and agencies, weakening potential opposition.

Notable Quote:
"Two thirds of The President's Day 1 executive orders are lifted from Project 2025."
— Kim Shepley [08:15]

4. The Supreme Court’s Role and the Entrenchment of Power

Shepley emphasizes that Trump's most enduring legacy may well be the capture of the Supreme Court. With a judiciary aligned with his agenda, the foundation for long-term executive dominance is set.

Key Points:

• Judicial Captivity:
  The Supreme Court has increasingly issued rulings that expand executive power, such as the recent immunity decision and the Colorado decision, which Shepley argues are indicative of a court that no longer acts as an effective check on presidential authority.

• Constitutional Interpretations:
  The U.S. Constitution, unlike newer constitutions with built-in safeguards, is being interpreted in ways that facilitate autocratic governance, undermining the rotation of power essential to democracy.

Notable Quote:
"The Court in some sense helped to construct this unbounded executive."
— Dahlia Lithwick [26:15]

5. Defining Democracy and Autocracy in Modern Contexts

Shepley and Lithwick engage in a nuanced discussion about the definitions of democracy and autocracy, emphasizing the importance of future-oriented democratic processes over mere past elections.

Key Points:

• Democracy:
  Defined by the ability to hold future free and fair elections, ensuring that power remains rotatable and accountable.

• Autocracy:
  Characterized by the consolidation of power within the executive branch, often executed through legalistic maneuvers that appear lawful but erode foundational democratic structures.

Notable Quote:
"Democracy is about future free and fair elections, and not just about the last one."
— Kim Shepley [16:19]

6. The Speed and Nature of Autocratic Takeover

Shepley categorizes autocratic advances into fast and slow modes, with Trump's recent actions representing a fast autocracy similar to Hungary and Venezuela, where constitutional changes are rapidly implemented to entrench power.

Key Points:

• Fast Autocracy:
  Swift legal and constitutional alterations to disable checks and balances within a short timeframe.

• Autocracy on the Fence:
  A more gradual erosion of democratic institutions, potentially leading to oscillating governance between autocratic impulses and democratic resistance.

Notable Quote:
"This is definitely fast autocracy."
— Kim Shepley [33:37]

7. Performative Cruelty as a Tool of Autocracy

A particularly chilling aspect discussed is the use of performative cruelty against marginalized groups, serving both as a scapegoating mechanism and a means to instill widespread fear, thereby dampening opposition.

Key Points:

• Targeted Groups:
  Transgender individuals, immigrants, asylum seekers, and other vulnerable populations are subjected to harsh policies exacerbating societal divisions.

• Constructing Fear:
  Initiatives like manipulating death penalty policies and imposing arbitrary restrictions create an atmosphere of uncertainty and fear, preventing collective action against autocratic shifts.

Notable Quote:
"The arbitrary nature of it creates fear. And a population in fear is a population that won't rise up against him."
— Kim Shepley [44:28]

8. Strategies to Counter Autocratic Consolidation

In the face of these threats, Shepley offers actionable strategies to resist the erosion of democracy:

• Strengthening Toeholds:
  Leveraging remaining uncaptured institutions, especially within state governments and civil society groups, to create leverage points against executive overreach.

• Litigation and Legal Resistance:
  Using the judicial system to slow down autocratic actions, even if definitive victories are elusive.

• Public Engagement and Grassroots Mobilization:
  Encouraging public awareness and participation to maintain pressure on critical institutions and prevent further consolidation of power.

Notable Quote:
"You're looking at the much nearer term, how do we slow it down."
— Kim Shepley [49:43]

9. Conclusion and Final Reflections

The episode concludes with a call to maintain hope and solidarity among those resisting autocratic tendencies. Shepley underscores the importance of keeping hearts open to recognize and address suffering and the necessity of not being isolated in the fight to preserve democratic integrity.

Notable Quote:
"We have to keep our hearts soft so that we can see suffering for what it is."
— Dahlia Lithwick [52:52]

Key Takeaways

• Legalistic Erosion:
  Autocratic leaders can dismantle democratic checks by exploiting and manipulating existing legal frameworks.

• Judiciary as a Double-Edged Sword:
  A captured Supreme Court can both undermine executive power and, paradoxically, sometimes limit it through selective rulings.

• Public Perception and Engagement:
  Sustaining democracy requires an informed and engaged populace that understands the nuances beyond surface-level electoral victories.

• Strategic Resistance:
  Focused efforts on preserving uncaptured institutions and leveraging legal systems are crucial in slowing autocratic advancements.

Final Thoughts

"Trump’s American Takeover" serves as a sobering exploration of the fragility of American democracy in the face of strategic autocratic maneuvers. Through insightful dialogue, Dahlia Lithwick and Kim Lane Shepley illuminate the subtle yet profound ways in which democratic institutions can be undermined, urging listeners to remain vigilant and proactive in safeguarding the nation's foundational principles.