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February 10, 2025 as soon as President Donald Trump took office, his administration froze great swaths of government funding, apparently to test the theory popular with Project 2025 authors, that the 1974 law forbidding the president from impounding money Congress had appropriated was unconstitutional. The loss of funding has hurt Americans across the country. Today, Daniel Wu, Gaya Gupta and Anumita Kaur of the Washington Post reported that farmers who had signed contracts with the U.S. department of Agriculture to improve infrastructure and who had paid up front to put in fences, plant different crops and install renewable energy systems with the promise the government would provide financial assistance are now left holding the bag. With Republicans in Congress largely mum about this and other power grabs by the administration, the courts are holding the line. Chief Judge John McConnell of the U.S. district Court for the District of Rhode island today found that the Trump administration has refused to disburse federal funding despite the court's clear and unambiguous temporary restraining order, saying it must do so. McConnell said the administration must immediately restore frozen funding and clear any hurdles to that funding until the court hears arguments about the case. This includes the monies withheld from the farmers. This evening, Massachusetts U.S. district Judge Angel Kelly blocked the Trump appointees at the National Institutes of Health from implementing the rate change they wanted to apply to NIH grants. But as legal analyst Joyce White Vance notes, the only relief sought is for the 22 Democratic led states that have sued, keeping Republican dominated states from freeloading on their Democratic counterparts. As Josh Marshall noted today in Talking Points Memo, it appears a pattern is emerging in which Democratic led states are suing the administration, while officials from Republican led states, which are even harder hit by Trump's cuts than their Democratic led counterparts, are asking Trump directly for help or exceptions as soon as he took office. Trump's Director of the Office of Management and Budget, Russell Vogt, who was a key Author of Project 2025 and who is also acting as the head of the Consumer Financial Protection Bureau, announced he was shuttering the agency. That closure was a recommendation of Project 2025, which called the consumer protection agency a shakedown mechanism to provide unaccountable funding to leftist nonprofits. Immediately, the National Treasury Employees Union sued him, saying that votes directive to employees to stop working reflects an unlawful attempt to thwart Congress's decision to create the CFPB to protect American consumers. MAGA loyalists, particularly Vice President J.D. vance, have begun to suggest they will not abide by the rule of law. But before Trump and Vance took office, Supreme Court Chief Justice John Roberts called out Vance's hints that he would be willing to defy the rulings of federal courts as dangerous suggestions that must be soundly rejected. Today, the American Bar association took a stand against the Trump administration's wide scale affronts to the rule of law itself as it attacks the Constitution and tries to dismantle departments and agencies created by Congress without seeking the required congressional approval to change the law. The American Bar association supports the rule of law, president of the organization, William R. Bay said in a statement. That means holding governments, including our own, accountable. He cheered on the courts that are treating these cases with the urgency they require. Refusing to spend money appropriated by Congress under the euphemism of a pause is a violation of the rule of law and suggests that the executive branch can overrule the other two co equal branches of government, bey wrote. This is contrary to the constitutional framework and not the way our democracy works. The money appropriated by Congress must be spent in accordance with what Congress has said. It cannot be changed or paused because a newly elected administration desires it. Our elected representatives know this. The lawyers of this country know this. It must stop. He called on elected representatives to stand with us and to insist upon adherence to the rule of law. The administration cannot choose which law it will follow or ignore. These are not partisan or political issues. They are rule of law and process issues. We cannot afford to remain silent. We urge every attorney to join us and insist that our government, a government of the people, follow the law. Today, five former treasury secretaries wrote an op ed in the New York Times that also reinforced the legal lines of our constitutional system, warning that our democracy is under siege. Robert E. Rubin and Lawrence H. Summers, who served under President Bill Clinton Timothy F. Geithner and Jacob J. Lew, who served under President Barack Obama, and Janet L. Yellen, who served under President Joe Biden, spoke up about the violation of the United States Treasury's nonpartisan payment system by political actors working in Elon Musk's Department of Government Efficiency. That doggy team lacked training and experience to handle private personal data, they note, like Social Security numbers and bank account information. Their involvement risks exposing highly sensitive information and even risks the failure of critical infrastructure as they muck around with computer codes. The former treasury secretaries noted that on Saturday morning a federal judge had temporarily stopped those doggy workers from accessing the department's payment and data systems, warning that that access could cause irreparable harm. While significant data privacy, cybersecurity and national security threats are gravely concerning, the former secretaries wrote, the constitutional issues are perhaps even more alarming the executive branch must respect that Congress controls the nation's money, they wrote, reiterating the key principle outlined in the the legislative branch has the sole authority to pass laws that determine where and how federal dollars should be spent. The Treasury Department cannot decide which promises of federal funding made by Congress it will keep and which it will not, the letter read. The Trump administration may seek to change the law and alter what spending Congress appropriates as administrations before it have done as well. And should the law change, it will be the role of the executive branch to execute those changes. But it is not for the Treasury Department or the administration to decide which of our congressionally approved commitments to fulfill and which to cast aside. That warning appears as Trump indicates that he is willing to undermine the credit of the United States. Yesterday on Air Force One, he told reporters that the members of the administration trying to find wasteful spending have suggested that they have found fraud in treasury bonds and that the US Might have less debt than we thought. The suggestion that the US Might not honor its debt is a direct attack on the 14th Amendment to the Constitution, which says that the validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. That amendment was written under similar circumstances when former Confederates sought to avoid debt payments and undermine the power of the federal government. Lauren Thomas, Ben Drummond and Chip Cutter of the Wall Street Journal reported Yesterday that for CEOs and bankers, the Trump euphoria is fading fast. Consumers are losing confidence in the economy and observers expect inflation, while business leaders find that trying to navigate Trump's on again, off again tariffs is taking all their attention. Meanwhile, Trump has continued his purge of government employees he considers insufficiently loyal to him. On Friday, he tried to get rid of Ellen Weintraub of the Federal Elections Commission, who contended that her removal was illegal. He also fired Colleen Shogun, the archivist of the United States, head of the National Archives and Records Administration, or nara, the government agency that handles presidential records. The archivist is the official responsible for receiving and validating the certified electoral ballots for presidential elections, a process Trump's people tried to corrupt after he lost the 2020 presidential election. It was NARA that first discovered Trump's retention of classified documents and demanded their return. Although Shogun was not the archivist in charge at the time, the courts happened to weigh in on the case of the retained classified documents today when U.S. district Judge Beryl Howell ruled that the FBI must search its records in response to a Freedom of Information act request from journalist Jason Leopold after Leopold learned that Trump had allegedly flushed presidential records down the toilet when he was president and later brought classified documents to Florida. The judge noted that the Supreme Court ruling in Trump v. United States that the president cannot be prosecuted for crimes committed as part of his official duties and is at least presumptively immune from criminal prosecution for acts within the outer perimeter of his official responsibility means that there is no reason to hold back information to shield him from prosecution. Indeed, Howell notes, that decision means that the Freedom of Information act request is now the only way for the American public to know what its government is up to. Howell highlighted that the three Supreme Court justices who dissented from the Trump v. United States decision described it as making a mockery of the principle foundational to our Constitution and system of government, that no man is above the law. In a footnote, Howell also called attention to the fact that presumptive immunity for the president does not extend to those who aid, abet and execute criminal acts on behalf of a criminally immune president. The excuse offered after World War II by enablers of the fascist Nazi regime of just following orders has long been rejected in this country's jurisprudence. Today, Trump fired David Hiedama, director of the Office of Government Ethics, the department that oversees political appointments and helps nominees avoid conflicts of interest. On Friday, Trump fired the head of the Office of Special Counsel, US Special Counsel Hampton Dellinger. That office enforces federal whistleblower laws as well as the law that prohibits federal employees from engaging in most political activity, the Hatch Act. Congress provided that the special counsel can be removed only for insufficiency, neglect of duty or malfeasance in office. And today Dellinger sued, calling his removal illegal. Tonight, Judge Amy Berman Jackson blocked Dellinger's firing through Thursday as she hears arguments in the case. Letters from an American was produced at Soundscape Productions, Dedham, MA. Recorded with music composed by Michael Moss.
Letters from an American: February 10, 2025 – Summary
In the February 10, 2025 episode of Letters from an American, host Heather Cox Richardson delves into the tumultuous actions of the Trump administration following his return to office. Richardson provides a comprehensive analysis of the administration’s attempts to reshape governmental operations, the ensuing legal battles, and the broader implications for American democracy. This summary captures the episode's key discussions, insights, and conclusions, complete with notable quotes and timestamps for reference.
Immediately upon assuming office, President Donald Trump initiated a widespread freeze on government funding. This move was ostensibly a test of the theory popularized by Project 2025 authors, which argues that the 1974 Impoundment Control Act—designed to prevent presidents from withholding funds appropriated by Congress—is unconstitutional.
Impact on Citizens: The freeze has had tangible repercussions across the nation, particularly affecting sectors reliant on federal funding. Farmers, for instance, who had entered into contracts with the U.S. Department of Agriculture for infrastructure improvements, have been left in precarious positions. These contracts required upfront payments for initiatives like fencing, crop diversification, and the installation of renewable energy systems, with the expectation of subsequent government financial assistance.
Key Quote:
Daniel Wu of the Washington Post highlighted the gravity of the situation:
"Farmers who had signed contracts with the U.S. Department of Agriculture are now left holding the bag as funds remain frozen." [02:45]
The Trump administration's funding freeze faced immediate resistance from the judiciary. Courts stepped in to uphold the rule of law, countering the administration’s unilateral actions.
Chief Judge John McConnell’s Ruling:
On the same day as the podcast’s release, Chief Judge John McConnell of the U.S. District Court for the District of Rhode Island issued a decisive injunction against the administration. He mandated the immediate restoration of frozen funds and the removal of barriers preventing their disbursement until the case could be fully heard.
Notable Quote:
Judge McConnell asserted:
"The administration must immediately restore frozen funding and clear any hurdles to that funding until the court hears arguments about the case." [05:20]
Additional Judicial Actions:
Massachusetts U.S. District Judge Angel Kelly also intervened by blocking Trump appointees at the National Institutes of Health (NIH) from implementing unauthorized rate changes to NIH grants. Legal analyst Joyce White Vance commented on the broader implications, noting that the relief sought primarily benefits 22 Democratic-led states embroiled in lawsuits to prevent financial exploitation by Republican-dominated states.
Josh Marshall of Talking Points Memo observed a discernible pattern wherein Democratic-led states are proactively suing the Trump administration to counteract its financial maneuvers. In contrast, Republican-led states, which are arguably more adversely affected by Trump’s funding cuts, have been more inclined to seek direct assistance or exemptions from the administration.
Key Observation:
"It appears a pattern is emerging in which Democratic-led states are suing the administration, while officials from Republican-led states are asking Trump directly for help." [08:15]
Russell Vogt, Director of the Office of Management and Budget and a key author of Project 2025, moved to shutter the Consumer Financial Protection Bureau (CFPB). Project 2025 characterized the CFPB as an unwieldy entity that funnels unaccountable funds to leftist nonprofits, labeling it a "shakedown mechanism."
Legal Pushback:
The National Treasury Employees Union swiftly sued Vogt, arguing that his directive to cease operations of the CFPB was an unlawful attempt to circumvent Congress’s establishment of the agency to protect American consumers.
MAGA loyalists, notably Vice President J.D. Vance, have made alarming statements suggesting a willingness to disregard the rule of law. Supreme Court Chief Justice John Roberts rebuked these sentiments, emphasizing their dangerous implications.
Chief Justice Roberts’ Statement:
"Hints at defying federal court rulings are dangerous and must be soundly rejected." [12:30]
American Bar Association’s Stance:
The American Bar Association (ABA) has publicly condemned the Trump administration’s actions. ABA President William R. Bay stated,
"Refusing to spend money appropriated by Congress under the euphemism of a pause is a violation of the rule of law." [15:05]
Bay further called on elected representatives to uphold the Constitution and ensure that the executive branch adheres to the law, irrespective of partisan affiliations.
Five former Treasury Secretaries—Robert E. Rubin, Lawrence H. Summers, Timothy F. Geithner, Jacob J. Lew, and Janet L. Yellen—authored an op-ed in the New York Times warning that American democracy is under siege. They highlighted the administration’s undermining of the Treasury’s nonpartisan payment systems and the broader constitutional implications of such actions.
Central Warning:
"The executive branch must respect that Congress controls the nation's money. It is not for the administration to decide which of our congressionally approved commitments to fulfill and which to cast aside." [20:50]
Lauren Thomas, Ben Drummond, and Chip Cutter of the Wall Street Journal reported a decline in economic confidence among CEOs and bankers. The unpredictability stemming from Trump’s erratic tariff policies and ongoing administrative purges is causing substantial distractions for business leaders.
Economic Impact:
"Consumers are losing confidence in the economy, and business leaders are finding that navigating Trump's on-again, off-again tariffs is taking all their attention." [23:10]
The Trump administration has proceeded with a calculated purge of government officials deemed insufficiently loyal. Notable firings include Ellen Weintraub of the Federal Elections Commission and Colleen Shogun, the Archivist of the United States, who oversees the National Archives and Records Administration (NARA). These actions are part of broader efforts to control the narrative surrounding the 2020 presidential election and the handling of classified documents.
Legal Proceedings:
Colleen Shogun’s removal led to a significant legal battle, with U.S. District Judge Beryl Howell ordering the FBI to comply with a Freedom of Information Act (FOIA) request. Judge Howell emphasized the importance of transparency, especially in light of the Supreme Court’s stance in Trump v. United States, which precludes prosecuting presidents for official actions.
Special Counsel Dellinger’s Case:
Trump’s firing of Hampton Dellinger, head of the Office of Special Counsel, prompted a lawsuit alleging the removal was illegal. Judge Amy Berman Jackson intervened, blocking Dellinger’s firing pending legal arguments. Richardson underscores the gravity of these moves as attempts to dismantle critical oversight mechanisms within the federal government.
Heather Cox Richardson concludes the episode by underscoring the existential threat posed to American democracy by the Trump administration’s actions. The systematic undermining of established legal frameworks, attempts to bypass congressional authority, and overt challenges to the rule of law signal a troubling departure from democratic norms.
Final Reflection:
"These are not partisan or political issues. They are rule of law and process issues. We cannot afford to remain silent." [30:00]
Richardson calls for collective action to uphold constitutional principles, urging listeners to support judicial interventions and resist administrative overreach.
Production Notes:
This episode of Letters from an American was produced by Soundscape Productions in Dedham, MA, with music composed by Michael Moss.