Bulwark Takes: Impeachment is Dead! Congress is Broken! Can The Courts Really Stop Trump? (w/ Ben Wittes) Release Date: February 15, 2025

In this compelling episode of Bulwark Takes, host Jonathan V. Last (JVL) engages in a profound discussion with Ben Wittes, a seasoned contributor from Lawfare and Dog Shirt Daily. The conversation navigates through critical issues concerning the separation of powers, executive overreach, the efficacy of impeachment, and the United States' stance on the Ukraine conflict. Below is a detailed summary capturing the essence of their insightful dialogue.

1. FEMA Funds Dispersal and Elon Musk's Intervention

The episode opens with a discussion about a recent incident involving the Federal Emergency Management Agency (FEMA). JVL recounts an event where FEMA disbursed $80.5 million to New York City as per congressional mandate. The funds were held in Citibank due to New York City's preference for private banking. However, Elon Musk intervened by demanding the return of these funds, leading to Citibank retracting the money without notifying the city comptroller.

Notable Quote:

"The Citibank did not even tell the City of New York. Hey guys, that $80 million that we moved into your accounts yesterday. Yeah, we just decided to take it out and give it back." [00:42]

Wittes expresses skepticism about the legality of Musk's actions, highlighting the aggressive stance of the administration on impoundment issues.

2. Executive vs. Congressional Appropriations Power

The conversation delves into the constitutional dynamics between the executive and legislative branches, particularly regarding the "power of the purse." Wittes explains that the current administration is attempting to redefine this power by asserting that Congress has only the authority to authorize, not mandate, spending. This shift would significantly bolster executive discretion over federal funds.

Notable Quote:

"The administration's positions about what are called impoundment issues is extremely aggressive. And if you want to translate the word aggressive to mean lawless, I will not resist that." [02:49]

They discuss historical attempts, such as Bill Clinton's push for a line-item veto, which ultimately did not materialize at the federal level.

3. Potential Executive Defiance of Court Orders

JVL and Wittes explore a hypothetical scenario where the administration's defiance of court orders escalates to a Supreme Court showdown. Wittes outlines the possible repercussions, including contempt motions and enforcement challenges, emphasizing that courts rely on the executive branch to implement their rulings.

Notable Quote:

"The courts are highly isolated. But now you're describing an end stage of something that has a lot of stages in between now and then." [08:13]

They caution against immediate catastrophic outcomes, suggesting that while the Supreme Court is likely to uphold traditional powers, the executive branch may cause significant institutional damage during legal confrontations.

4. The Fragility of Impeachment as a Political Tool

A substantial portion of the discussion centers on the efficacy of impeachment as a mechanism to check presidential overreach. Both speakers agree that impeachment has become a "dead letter," losing its deterrent power due to political polarization and repeated occurrences where presidents were impeached yet remained in office.

Notable Quote:

"Impeachment is dead! Congress is broken!" [Throughout the episode]

Wittes elaborates on how strategic ambiguity once made impeachment a potent threat, but now, its effectiveness has been eroded by precedent and political realities.

5. Ukraine and U.S. Foreign Policy Critique

The dialogue shifts to U.S. foreign policy, specifically Trump's administration's handling of Ukraine. Wittes shares his personal dismay over the president's actions, which he describes as "callous hostility" towards an ally. He highlights the moral and strategic failures, drawing parallels with past administrations' foreign policy missteps.

Notable Quote:

"I have never seen a president behave toward an ally with more callous hostility and with a kind of gleeful siding with a genocidal moral monster." [22:23]

The speakers express concern over the potential repercussions for Ukrainian refugees and the broader implications for U.S. credibility on the world stage.

6. The Broken Systems and Democratic Accountability

JVL and Wittes discuss the systemic sclerosis within American governance, where traditional checks and balances, like impeachment and constitutional amendments, are no longer viable or effective. They argue that the erosion of these mechanisms has led to a dysfunctional political landscape where accountability is severely compromised.

Notable Quote:

"Impeachment was broken, but we didn't know for sure that it was broken. And so it functioned as a deterrent." [20:54]

The conversation underscores the need for renewed democratic processes to restore effective governance and prevent executive overreach.

7. Conclusion and Promotional Remarks

As the episode draws to a close, Wittes promotes Lawfare's upcoming podcast series, Escalation, which delves into the history of U.S.-Ukraine relations post-Soviet Union and its engagement with Russia. The series aims to provide a nuanced perspective on the ongoing Ukraine conflict.

Notable Quote:

"Please subscribe to it. It's the Escalation podcast and it is genuinely different from anything you've ever heard on the subject." [31:13]

JVL wraps up by encouraging listeners to engage with Dog Shirt Daily and Lawfare, expressing gratitude to Wittes for his valuable insights.

Key Takeaways:

• The incident involving FEMA and Elon Musk exemplifies the ongoing struggle between executive actions and legislative mandates.
• The administration's attempts to redefine appropriations power threaten the traditional balance of the purse strings between Congress and the executive branch.
• Impeachment has lost its efficacy as a political tool, rendering it an ineffective check on presidential misconduct.
• The handling of Ukraine under the Trump administration reflects deep-seated issues in U.S. foreign policy and democratic accountability.
• Systemic failures within American governance necessitate urgent reforms to restore effective checks and balances.

This episode of Bulwark Takes offers a deep dive into the fragility of American political institutions and the pressing need for robust mechanisms to uphold democratic principles.

For those interested in further exploring these topics, be sure to check out Lawfare's Escalation podcast series, slated for release on February 24th, coinciding with the anniversary of the full-scale invasion of Ukraine.