Podcast Summary: The Bulwark Podcast – David French: Vengeance and Rage

Episode Details:

• Title: David French: Vengeance and Rage
• Release Date: January 24, 2025
• Host: Tim Miller
• Guest: David French, Opinion Columnist for The New York Times, Co-host of the Legal Podcast Advisory Opinions, Former Army Lawyer in the JAG Corps during the Iraq War

Introduction

The episode opens with a brief, non-content advertisement before Tim Miller introduces David French. Tim humorously references an NBA game, setting a light tone before delving into serious political discussions.

1. Concerns About the Rule of Law in the Trump Administration

Key Points: David French expresses profound concern over the state of the rule of law under President Donald Trump's administration. He highlights specific actions that undermine legal and democratic norms.

• Pardons and Commutations:

  • French criticizes Trump's pardoning of January 6th rioters and commutations of violent and seditious individuals.
  • Quote: “If you break the law on Trump's behalf, ... you're good. Because the key of all of that wasn't violence, it wasn't rioting, it wasn't cracking heads of police officers. It was on Trump's behalf. So if you're operating on Trump's behalf, you're good.” (02:53)

• Revocation of Security Clearances:

  • The administration has revoked security clearances of key figures like John Bolton and Mike Pompeo.
  • Quote: “This is nakedly political targeting of a political opponent.” (05:14)

• Political Manipulation and Threats:

  • French discusses the implications of Trump's actions in relation to Iran, emphasizing the dangerous precedent set by revoking protections based on political opposition.
  • Quote: “If something happens to John Bolton... it's a politically motivated act.” (05:14)

Implications: These actions collectively demonstrate a systemic erosion of the rule of law, where loyalty to Trump overrides legal and constitutional obligations.

2. Executive Orders and Their Legal Challenges

Key Points: Tim and David examine the executive orders (EOs) issued by Trump, focusing on their legality and potential impact on governance.

• TikTok Ban:

  • The Supreme Court upheld the TikTok ban, showcasing a dismissive stance towards Trump's attempts to bypass judicial decisions.
  • Quote: “The Supreme Court said 9-0 ban upheld.” (14:54)

• Birthright Citizenship:

  • Trump’s attempt to revoke birthright citizenship faced immediate legal challenges.
  • Quote: “The birthright citizenship order has already been blocked.” (09:33)

• DEI (Diversity, Equity, Inclusion) and Civil Service EOs:

  • Discussion on the broad implications of banning DEI initiatives within federal employment.
  • Quote: “These guys ... they're just sweeping it all out the door and then initiates, on top of that, a witch hunt.” (25:47)

Implications: Trump's use of EOs reflects a pattern of overstepping executive authority, leading to numerous legal battles and potential constitutional crises.

3. Immigration Policies and Enforcement Practices

Key Points: The conversation shifts to Trump's aggressive immigration policies, emphasizing the potential for civil liberties violations.

• Language of "Invasion":

  • French is particularly concerned with Trump's use of the term "invasion" to describe immigration, which can unlock expansive war powers.
  • Quote: “The use of the term invasion unlocks ... a lot of power.” (10:18)

• ICE Raids and Civil Liberties:

  • Reference to ICE raids in Newark detaining both undocumented residents and citizens without warrants.
  • Quote: “Massive dragnets ... violate the civil liberties of other people at scale.” (18:21)

• Impact on Minorities and Innocents:

  • Discussion on the ethical and legal implications of deportation raids targeting vulnerable populations, including American citizens.
  • Quote: “TIM think about ... a kid named Francisco Galicia ... he was an American citizen and he was just held because his brother was undocumented.” (18:21)

Implications: Trump's immigration enforcement strategies risk widespread abuse of power, leading to potential human rights violations and undermining trust in governmental institutions.

4. Diversity, Equity, and Inclusion (DEI) in Federal Employment

Key Points: French analyzes the Trump administration's stance on DEI initiatives within the federal workforce, dissecting both the criticisms and the defensive arguments.

• Critique of DEI Practices:

  • Acknowledges that certain DEI initiatives in higher education and government have been toxic and unconstitutional.
  • Quote: “There is a difference between bad diversity efforts and good and necessary and proper diversity efforts.” (25:47)

• Government Hiring Freeze:

  • Discussion on the blanket hiring freeze imposed by Trump and its repercussions on federal employees, particularly those involved in DEI roles.
  • Quote: “This is a blanket kind of treatment of federal employees.” (29:00)

• Sycophancy and Meritocracy:

  • Criticism of the Republican backlash against DEI, labeling it as inherently racist when targeting non-white officials.
  • Quote: “It's really racist.” (26:34)

Implications: The administration's approach to DEI undermines efforts to promote diversity and inclusion, replacing nuanced strategies with broad, often discriminatory policies that erode institutional integrity.

5. Government Efficiency and Overreach

Key Points: The focus shifts to the federal government's expansion and inefficiency, critiqued through Trump's hiring freeze and executive actions.

• Hiring Freeze Consequences:

  • Tim Miller shares anecdotes about job offers being revoked, raising concerns about potential corruption and incompetence in government hiring practices.
  • Quote: “This sucks. Like this blanket kind of treatment of federal employees.” (29:53)

• Administrative Bloat:

  • French concurs, advocating for intelligent pauses rather than indiscriminate hiring freezes to address government inefficiency.
  • Quote: “There is bloat in the government... requires an intelligent, thoughtful approach.” (31:19)

Implications: Trump's blanket hiring freeze exemplifies governmental overreach, risking the loss of valuable public servants and diminishing the efficacy of federal institutions.

6. Foreign Policy: Ukraine War and Russia Relations

Key Points: Tim and French discuss Trump's handling of the Ukraine war and relations with Russia, contrasting it with previous administrations.

• Tariff Threats on Russia:

  • Trump threatens tariffs on Russia, which are largely dismissed by Moscow as ineffective.
  • Quote: “Russia brushed off the tariff threats from Trump.” (37:38)

• Comparison with Previous Putin:

  • French differentiates between Vladimir Putin's previous manipulative tactics and his more aggressive current approach.
  • Quote: “This Putin is now three years into a war where three quarters of a million people have been killed or maimed.” (41:30)

• Potential for Negotiations:

  • Despite aggressive posturing, French sees a possibility for negotiations if Ukraine continues its effective resistance.
  • Quote: “How we posture our support for Ukraine... is going to be absolutely critical.” (41:30)

Implications: Trump's foreign policy exhibits a mix of traditional sanctions and bluffing, but may lack the strategic finesse needed to navigate complex international conflicts effectively.

7. Political Maneuvering and Constitutional Amendments

Key Points: The discussion highlights attempts within the GOP to amend the Constitution to favor Trump's political longevity.

• 22nd Amendment Amendment Efforts:

  • Congressman Andy Ogles introduces a resolution to amend the 22nd Amendment, allowing Trump to seek a third, non-consecutive term.
  • Quote: “Notably, his amendment only allows for non consecutive terms...” (42:51)

• Public Perception and Reactions:

  • Tim and French mock the absurdity of such amendments, emphasizing their non-serious nature.
  • Quote: “Why not just call it Trumpistan?” (44:18)

• Strategic Clownishness:

  • French critiques the GOP’s antics as attempts to maintain Trump’s influence and prevent a political vacuum.
  • Quote: “It is not a Gilded Age spoil system is not an upgrade.” (26:50)

Implications: These maneuvers reflect a desperate attempt to preserve Trump’s political legacy, undermining democratic principles by attempting to bypass established constitutional limits.

8. Scandals and Misconduct Within the GOP

Key Points: The episode delves into internal scandals within the Republican Party, questioning the morality and integrity of its members.

• Inappropriate Texts and Subpoenas:

  • Discussion on GOP members’ inappropriate texts to Cassidy Hutchinson and the hesitancy to subpoena her due to potential exposure of misconduct.
  • Quote: “It's gross and disgusting...” (47:17)

• Ken Paxton and Religious Freedom:

  • French discusses Texas Attorney General Ken Paxton's attempt to nullify religious shelter for migrants, framing it as a violation of the Texas Religious Freedom Restoration Act.
  • Quote: “They're trying to extinguish the organization entirely.” (49:52)

Implications: These scandals highlight the moral decay within the GOP, revealing a pattern of hypocrisy and abuse of power that further destabilizes the party's credibility and ethical standing.

9. Constitutional Challenges and Legal Battles

Key Points: Tim and French explore recent constitutional challenges, including Biden's attempt to declare the Equal Rights Amendment (ERA) active despite expiration.

• Equal Rights Amendment Declaration:

  • French explains Biden's controversial move to declare the ERA active, despite not meeting the original state ratification requirements.
  • Quote: “Biden ... decides, well, I can decide that the time limit doesn't apply and I can declare an amendment.” (52:23)

• Supreme Court's Role:

  • French contends that Biden overstepped constitutional boundaries, reflecting a broader trend of executive overreach.
  • Quote: “When you think about why did Trump win? ... everything MAGA dreams about.” (44:24)

Implications: These actions underscore a troubling disregard for constitutional processes, setting dangerous precedents for future executive actions and undermining the rule of law.

10. Reflections on American Resilience and Future Outlook

Key Points: In the concluding segments, French offers a philosophical perspective on America's ability to navigate political turmoil and institutional decay.

• Historical Context:

  • French draws parallels with periods of regression in American history, emphasizing that American institutions are not invulnerable.
  • Quote: “Why would we think that Americans are uniquely not vulnerable two years and maybe even a decade or two of real backsliding...” (55:34)

• Opportunity for Change:

  • Despite bleakness, French remains cautiously optimistic, believing that courage, compassion, and opposition to Trump can "shorten the darkness."
  • Quote: “... there's going to be a real opportunity. There will be an opportunity, I believe, to turn the page from Trump.” (57:56)

• Foundation Metaphor:

  • French references the Apple TV show Foundation, likening the efforts to "shorten the darkness" to a proactive strategy against impending collapse.
  • Quote: “... their mission is they don't believe they can stop it, but they can do something they call shorten the darkness.” (57:56)

Implications: French underscores the necessity for informed and strategic resistance to authoritarian tendencies, advocating for a collective effort to preserve democratic values and institutions.

Conclusion

The podcast episode "David French: Vengeance and Rage" presents a critical examination of President Donald Trump's administration, highlighting significant concerns regarding the erosion of the rule of law, misuse of executive powers, aggressive immigration policies, and internal GOP scandals. David French provides a sobering analysis of the current political climate, juxtaposing it with historical precedents to underscore the fragility of American democratic institutions. The conversation concludes with a call to action for resilience and strategic opposition to safeguard the nation's foundational principles.

Notable Quotes:

• “If you break the law on Trump's behalf, ... you're good.” — David French (02:53)
• “The use of the term invasion unlocks ... a lot of power.” — David French (10:18)
• “It's really racist.” — David French (26:34)
• “Shorten the darkness.” — David French (57:56)

Timestamps:

• (02:53) – Rule of Law Concerns
• (05:14) – Political Targeting
• (09:33) – Birthright Citizenship Block
• (10:18) – Invasion Language in Immigration
• (14:54) – Supreme Court Upholds TikTok Ban
• (18:21) – ICE Raids and Civil Liberties Violations
• (25:47) – Critique of DEI Initiatives
• (26:34) – Racism in Meritocracy Assumptions
• (29:00) – DEI vs. Meritocracy
• (29:53) – Government Hiring Freeze
• (31:19) – Intelligent Government Pauses
• (37:38) – Tariff Threats on Russia
• (41:30) – Changing Putin and Ukraine Negotiations
• (42:51) – 22nd Amendment Amendment Attempt
• (44:18) – Mocking GOP’s Amendment Efforts
• (44:24) – Richard's Racist Assumptions
• (47:17) – GOP Scandals and Misconduct
• (49:52) – Ken Paxton and Religious Freedom
• (52:23) – Biden's ERA Declaration
• (54:54) – Processing Political Decline
• (55:34) – American Resilience and Backsliding

Final Thoughts: This episode serves as a comprehensive analysis of the Trump administration's challenges to democratic norms and the rule of law. David French provides insightful commentary on the implications of executive overreach, the politicization of immigration, and the internal struggles within the GOP, urging listeners to recognize the fragility of American institutions and the importance of strategic opposition to preserve democratic integrity.