We have crossed a Rubicon. That was the reaction of some to the news late Thursday that former FBI Director James Comey had been indicted by the Department of Justice [DOJ].
After ordering this prosecution publicly on Truth Social (and presumably behind closed doors), pushing out US Attorney Erik S. Siebert, who refused to move forward with the case due to a lack of evidence, and replacing him with one of his personal attorneys, Lindsey Halligan, who has no prosecutorial background, Trump finally got what he has been after for some time - a two count federal indictment against Comey (albeit weak according to most legal experts).
On Friday, I spoke with Bloomberg’s Joe Mathieu and Mario Parker about whether this moment is a sign that we have crossed a Rubicon? If by that we mean an action from which there is no turning back, I hope not but at this point it is hard to refute the argument. What happened late last week is part of a larger pattern of deconsolidation of our democracy and one that has been in the works for some time, long preceding the arrival of Trump 2.0.
In Chapter 4 of How Democracies Die (2018) Steven Levitsky and Daniel Ziblatt describe in detail how “elected authoritarians shatter the democratic institutions that are supposed to constrain them.”
Step 1
Capture the Referees
Attempting to render ‘dependent’ previously neutral arbiters is precisely what has been happening in the context of the DOJ. This includes, for instance, pushing out Siebert and replacing him with a loyalist. Another case in point, the resignation of Asst. US Attorney Hagan Scotten, a conservative former law clerk of Chief Justice John Roberts, who refused to follow the administration’s orders to dismiss the case against NYC Mayor Eric Adams without prejudice. Scotten’s February resignation letter, which is well worth re-reading, says in part:
I expect you will eventually find someone who is enough of a fool, or enough of a coward, to file your motion. But it was never going to be me.
Step 2
Sideline the Other Side
This is what the Trump administration is trying to do with Comey and so many others. On Friday, as legal experts discussed the Comey indictment, Trump stood before reporters and promised this was just the first of many indictments to come - among those in his crosshairs are: NY Attorney General Letitia James, former National Security Advisor John Bolton, former President Obama, former Secretary of State Hillary Clinton, member of the Federal Reserve Board Lisa Cook, Senator Adam Schiff (D-CA), liberal philanthropist George Soros, former CIA Director John Brennan, former National Intelligence Director James Clapper, and many others.
Of course, this comes just days after efforts to silence comedian Jimmy Kimmel and one day after signing an order promising to go after left wing groups and those who fund them, including Soros’ Open Society Organization. All of which are examples of the administration’s attempts to marginalize opposition.
There is a Step 3 in Levitsky and Ziblatt’s telling - rewriting the rules of the game to lock in their advantage. According to some scholars, we have not seen that emerge in the U.S. at this point. Others suggest mid-decade districting is an example. Regardless of where you stand on the question, nine months in to Trump 2.0, there is still time.
-----
References
Steven Levistky & Daniel Ziblatt, How Democracies Die
McKenzie Carrier & Thomas Carothers “U.S. Democratic Backsliding in Comparative Perspective”
“Explainer: Understanding the mid-decade redistricting push in texas,” Harvard Kennedy School
