The Confrontation: Initial Notes

Some of Trump's strengths in attacking the Old Regime

Good Evening:

Today on #DogShirtTV, the estimable Holly Berkley Fletcher brought on Alan Elrod of the Pulaski Institution to talk to us about supporting democratic institutions in rural areas susceptible to illiberal influences. We talked about the culture of rural communities, the nature of populism, the role of antisemitism, and more.

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Documents

A senior judge in the Western District of Texas determines that the government has not shown that two people held under the Alien Enemies Act are actually members of Tren de Aragua and orders them released.

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Today On Lawfare

Compiled by the estimable Caroline Cornett

The Judge Dugan Case Is More Complicated Than It Seems

James Pearce details the facts of Milwaukee County Circuit Judge Hannah Dugan’s arrest and analyzes the two charges levied against her. Pearce also discusses the government’s unusual decision to use a criminal complaint in these circumstances and the potential obstacles the government may encounter as the prosecution proceeds.

The rush to take sides between whether Dugan’s arrest vindicates or erodes the rule of law tends to ignore how the federal criminal justice process operates and fails to engage with the specific facts that the government has thus far alleged, and whether those facts plausibly establish that Dugan violated any federal criminal statutes beyond a reasonable doubt. That analysis shows this prosecution to be more complicated than either camp seems ready to acknowledge. Those championing the prosecution must confront the government’s hasty investigation and unusual decision to charge the case through a criminal complaint. But those criticizing the prosecution must confront facts in an affidavit that set out a nontrivial case that Judge Dugan unlawfully obstructed justice and concealed a person from arrest.

Securing Tomorrow: Why America Needs an AI Education Corps

Kevin Frazier discusses the need for greater artificial intelligence (AI) literacy in the United States and the inadequacy of current efforts to ensure widespread AI proficiency. Frazier proposes the creation of an AI Education Corps—an initiative that embeds AI education in K-12 schools through expert support and resources—to prepare a workforce that is resilient to AI-driven threats and able to compete with China.

The imperative to integrate AI education into the fabric of American learning is undeniable. The education executive order provides a valuable statement of intent and crucial top-level backing. Yet aspirations alone will not secure America’s future in an era increasingly defined by AI. The scale of the challenge—bridging a significant talent gap, countering sophisticated national security threats, and competing effectively on the global stage—demands more than incremental adjustments. It demands a dedicated, nationwide effort capable of delivering sustained, expert support directly to American schools and educators.

Unpacking Trump’s Attack on Federal Sector Unions

Nicholas Handler explains the ramifications of a March 28 executive order that seeks to bar many federal employees from unionizing and strip them of collective bargaining rights under the pretext of national security, as allowed by the Civil Service Reform Act. Handler discusses how labor rights serve as an important check on the president’s power and the status of litigation against the executive order.

Assuming a federal court does reach the merits of the suits, the unions face a tough battle given the discretion usually afforded to the president. Nonetheless, they have plausible arguments that the two requirements under Section 7103(b)—that the exempted agency have a “primary” national security mission and that collective bargaining rights cannot be applied without unduly compromising national security—have not been satisfied for many of the agencies and workers targeted by the order.

Podcasts

On Lawfare Daily, Molly E. Reynolds sits down with Matt Lawrence, Eloise Pasachoff, and Zachary Price to discuss executive branch attempts to control the process of allocating federal funds at the expense of Congress, how the Trump administration’s actions compare to past efforts, and current litigation on these issues.

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Today’s #BeastOfTheDay is the Przewalski Horse:

Source

Which earns its title today for reminding me forcefully of this twenty thousand year old horse from the Lascaux Cave:

In honor of today’s Beast, go make some art.

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The Confrontation: Notes on Trump’s Strengths

A few weeks ago, I announced that I was going to begin compiling notes toward a project on The Confrontation between Donald Trump and the Old Regime: “I want to chronicle this attempt at regime change in America. . . . [M]y concern is to do a sustained, real-time study of what I describe . . . as a collision of these two tectonic regime plates.”

I have since done exactly zero note-taking on this subject, though I have been thinking about it intensively.

The note-taking, however, begins now.