Will Kaback (18:56)
All right, that is it for what the right and left are saying. Which brings us to my take Reminder Executive editor Isaac Saul is currently on paternity leave, so my name is Will Kbach. I'm one of Tangle's editors, and today's My Take section was authored by me, so I'll be reading it in my voice. Trump has issued too many orders in his first 72 hours to cover here, so I want to focus on two that seem to be sparking the most debate immigration and the January 6th pardons. The other issues covered by his actions energy, the federal workforce, DEI, policies, TikTok and more are important in their own right, and we'll likely cover them in more depth in the future, perhaps even the coming days and weeks. But I think immigration and the pardons are the most relevant to discuss in the early days of Trump's presidency. To me, one of the biggest unknowns about Trump's term is how the support for his agenda will evolve as his promises become policy. As the initial wave of executive orders rolls in, it's clear that Trump intends to spend his amassed political capital on an array of issues while stretching the bounds of his executive authority. In the abstract, this is normal. The president working to achieve goals he sold voters on the campaign trail is the epitome of democracy at work. However, choosing to pursue these goals without any congressional involvement is decidedly undemocratic. On immigration, Trump has called the amount of both legal and illegal immigration an invasion, and he is clearly starting his term with an all out blitz to plug every entry pathway he can. Some of his efforts will stick, others will not, and some strategies I agree with, while many I don't like. Isaac I think Trump's effort to end birthright citizenship is likely to fail. I also believe ending birthright citizenship is both a bad idea and a bad strategy. Through a human lens, birthright citizenship recognizes that being a U.S. citizen can be defined by your allegiance and contributions to the country, not where your parents are from. To deny citizenship to children who have no other home than America is callous and I think it undercuts what makes this country special. Moving along though, 22 states immediately sued to challenge Trump's order and it's unlikely that he can enforce it even while the case moves through the court system system. Absent any short term wins, then, Trump seems to be hoping that he can bring this issue to a sympathetic Supreme Court. Now I share the assessment of writers on the right and left that this case will fail even with a 6:3 conservative majority. This is the problem with pursuing an all out blitz strategy. If Trump's legal effort falls short, he will have expended a lot of energy and political capital on an issue that is far down the list of immediate actions like tightening the asylum process needed to address the crisis at the southern border. I view this order similar to Trump's promise to repeal and replace Obamacare, a costly effort with little chance of succeeding. The other immigration actions have a much better chance of succeeding. Trump is clearly communicating a less permissive attitude toward would be immigrants, and moves like ending parole programs and reinstating their remain in Mexico policy will meaningfully curtail the number of unauthorized immigration immigrants seeking to enter the country. Already, Trump seems to be successfully forcing the hands of the Mexican and Guatemalan governments who are setting up infrastructure to receive an expected influx of deportees. Solving the overarching problems will take a lot more than executive actions, but Trump's orders can at least help avoid the kinds of surges we saw at points during Biden's term. However, many of Trump's orders don't serve any tangible goal. For instance, his decision to cancel the flights of 1,660 Afghans, including some family members of active duty US military members previously cleared to resettle in the US comes off as punitive and cruel. These are not the invaders or criminals that Trump warns of. They're the kind of people that America should welcome with open arms. I think Trump has a powerful opportunity to spur meaningful, lasting and positive change on immigration, the likes of which we have not seen in decades. He's identified real problems with our system and possesses the political will to pursue real change. Paired with a Republican majority in both chambers of Congress, he could genuinely achieve what his predecessors could not and pass major immigration reform during his term. But the sweep of these actions mobilizing the military, pausing asylum, halting the parole process, trying to end birthright citizenship will incur far more costs than benefits. The innocent people who are trying to flee danger or persecution in their countries and immigrate to the United States legally out of a sincere motivation to better their lives, who often help our country grow and stimulate our economy, they will be the ones caught in the machinery of these changes. All told, these executive actions are a step in the wrong direction. I have even more trouble grappling with Trump's January 6th pardons. If you've gotten to this point in the take, you're probably expecting a full throated denunciation of the pardons, echoing the thoughts of writers on the left and, honestly, the right, who lambasted them in no uncertain terms. I actually happen to think the discussion is more nuanced than that. I don't agree with the scale and scope of Trump's action, but I fundamentally believe that our criminal justice system is prone to excess and abuse in how it treats criminal defendants. Now, Isaac has written about his view on the criminal justice system in Tangle previously, and I won't rehash his arguments here, except to say that he and I are aligned on two core points. Number one, our system tends to exacerbate criminal behavior more than rehabilitate it. And number two, the United States uses imprisonment as a punishment far more often than is productive or necessary. When it comes to the January 6th defendants, I fully support consequences for those who broke the law, but I also believe the Justice Department acted improperly in how it handled many cases. The biggest example of this prosecutorial overreach came in a recent Supreme Court ruling that found that the DOJ wrongly charged hundreds of rioters under an obstruction of justice statute that elevated the severity of their cases. This case did not fall along ideological lines either. Justice Kentanji Brown Jackson joined the majority in the 6:3 decision, while Amy Coney Barrett dissented. At the time the ruling came down, roughly 50 defendants had been convicted and sentenced on that obstruction charge alone, and 27 of them were incarcerated. Perhaps you're okay with those people being in prison because after all, they still took part in a disgraceful act that merited harsh punishment. I understand that view, and I sympathize with it. January 6th was a shameful day, and those who stormed the Capitol should face consequences. And at least one of the people Trump pardoned agrees, turning down that get out of jail free card because she didn't think she deserved it. We have a link to this story in the newsletter, but I also believe that individual consequences should be commensurate with the severity of individual crimes, and in many cases, prison is not the answer. If I'm being consistent in my view that incarceration is a vicious cycle that upends lives and families and that we should reduce our reliance on it as a punishment, I have to hold that view for people I sympathize with and those I don't. That's all to say I would support President Trump commuting the sentences no, not pardoning of some January 6th defendants who were not charged with violent crimes if he had done so in a targeted manner that communicated his rationale for each case. And as an aside, he had suggested that that's exactly what he would do before the election, and Vice President J.D. vance also vocally supported this idea. But if you criticized Biden, as we did, for his acts of clemency last month, which forgave some criminals who did lasting harm to their communities, you should also criticize this move by Trump now. The president pardoned the vast majority of the convicted rioters of all wrongdoing in a sweeping manner, with an apparent lack of knowledge or care for the crimes he was excusing and without expressing any remorse for the pivotal role he played on that day. Of those pardoned, many had been convicted of violently assaulting police officers or playing leading roles in organizing the attack. Trump's action signals that political violence will be forgiven if it aligns with a cause that the president deems just. That's an idea we should not tolerate, no matter who is in the White House now. Trump has done so much in his first days that a full assessment would require multiple editions or podcasts. While I'm critical of his immigration orders and his pardons, I don't think that his actions have been uniformly bad or even close to that. I'm particularly intrigued by his initial approach to energy policy, and I think he could spur positive developments for the country with some of those orders. But so far his actions on immigration and clemency have overshadowed all else, and I think they set a negative tone for the start of a term that many Americans, including me, hopeful for.