September 30, 2025

Biggest Hogwash Of The Week: Justice Department Independence From Politics

September 30, 2025/ Francis Menton

Late Friday afternoon (September 26) the U.S. Justice Department filed an indictment against former FBI Director James Comey in the District Court for the Eastern District of Virginia. The indictment is extremely brief — barely one page of text — and focuses only on a single statement made by Comey in sworn Congressional testimony given on September 30, 2020, which statement is alleged in the indictment to be false.
Note that essentially every other commentator on this subject is in the same position that I am in of not being able to make a full analysis of the merits of the indictment. That has not prevented the usual suspects from criticizing President Trump for pushing for the indictment. To some degree, I agree with these criticisms, or at least I am sympathetic to them, to the extent that they criticize the President for seeking to use the justice system to get back at his political enemies.
But then, seemingly in each case, the critics go farther, and assert that with this indictment President Trump has done something totally new and different, and has entirely broken or transformed (or maybe “trampled on”) the former longstanding and proper norms of the Justice Department of never, ever abusing the justice system to attack political opponents. These assertions are not potentially appropriate criticism, but rather are complete hogwash.

September 20, 2025

Do Not Give Up The High Ground On Freedom Of Speech!

September 20, 2025/ Francis Menton

The four years of the Biden presidency were a terrible low point for the protection of freedom of speech in the U.S. A web of government agencies and allied NGOs sprang up with remarkable rapidity to identify and ban disfavored speech, almost always of conservatives.
As just a few examples: the White House itself pressured social media platforms to suppress disfavored speech on politically sensitive topics like Covid and climate change; the Cybersecurity and Infrastructure Security Agency collaborated with universities and NGOs like the Stanford Internet Observatory to get disfavored speech banned or suppressed; the Department of Homeland Security formed a Disinformation Governance Board to coerce social media companies to suppress speech deemed “disinformation”; and the FBI conducted wide-ranging investigations of Republican politicians and organizations.
The entire enterprise got the accurate nickname of the Censorship Industrial Complex.
This was an extremely important issue that drove many voters to Trump. After Trump was elected, we had every reason to expect that efforts like those of the prior administration to coerce the suppression of opponents’ speech of would come to an end. And, for the most part, they have.
However, the past week has seen two bad unforced errors on the freedom of speech front by high-ranking members of the Trump administration:

September 05, 2025

September 05, 2025/ Francis Menton

By some strange coincidence, no sooner did I write yesterday’s post about the thoroughly corrupt CDC and its recently-fired Director, Susan Monarez, than there turns up in today’s Wall Street Journal an op-ed by the same Ms. Monarez trying to justify herself and the agency with regard to HHS Secretary RFK, Jr.
The headline is “Robert F. Kennedy Jr., the CDC and Me.” The sub-headline (online edition only) is “I was fired after 29 days because I held the line and insisted on rigorous scientific review.” The article is behind the Journal’s paywall, so I will provide some substantial quotes.
The theme of the piece, well-summarized in the sub-headline, is that Ms. Monarez, with the help of CDC colleagues, was fired for trying to hold the line against “pressure to compromise science itself.”

September 04, 2025

September 04, 2025/ Francis Menton

Last week the newly-confirmed head of the Centers for Disease Control (CDC), Susan Monarez, was abruptly fired by President Trump, barely a month after receiving her Senate confirmation in July. Although Monarez was new to CDC as of the second Trump term, her career in high-level government positions runs back to through the Biden, Trump I, and Obama administrations.
Upon announcement of Monarez’s firing, the press was immediately filled with reports of “turmoil” at the agency. At least four other high-ranking officials resigned in protest. In addition, large numbers of staffers came forward (anonymously) to complain of the supposedly “anti-science” approach being taken by Trump and his HHS Secretary, RFK, Jr.
Do you have the impression that CDC is a useful agency, “following the science” and protecting the public health? If so, you haven’t been paying attention to the news for the past several years (or more).

August 30, 2025

August 30, 2025/ Francis Menton

One of the signature initiatives of President Trump’s second term has been what I have called the “tariff gambit” — the rapid blizzard of tariff actions, including declarations of emergencies, tariff impositions, increases and decreases in rates, postponements, and negotiations of new trade deals with various countries.
In several prior posts, including here and here, I have raised a series of concerns with this area of the President’s policies.
Putting aside for a moment the question of whether these various tariff initiatives constitute good public policy, a separate question is whether the President has a legal basis to impose, raise and lower tariffs on his own authority, even if he declares a “national emergency.”

August 20, 2025

August 20, 2025/ Francis Menton

In Federalist Number 70, one of the most often-cited of the Federalist Papers, Alexander Hamilton famously made his pitch for a strong unitary executive as provided for in the then-proposed Constitution:
Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy. . . .
Our current President Trump carries the concept of “energy in the executive” to an extreme level, undertaking a dizzying array of initiatives, with new ones emerging so rapidly that it is difficult to keep up.
Many of Trump’s initiatives have corrected disastrous and destructive policies of the Biden and Obama years. But with so many initiatives, perhaps it is inevitable that some will be misfires; or perhaps Trump lacks a capacity for self-criticism to distinguish his good ideas from the bad ones.