This episode is a bit more serious than most, where we discuss at some length Agenda 47, the policy agenda proposed by Donald Trump for his 2024 presidential campaign outlined in a number of videos on his website.
This week, Lisa and David also talk about California heat wave, hurricane Beryl made landfall in Texas; Steve Bannon formally taken into federal custody after nearly two years; security at the Capitol on January 6; voters in France poised to stop Marine Le Pen's far right taking power; Labour Party’s landslide victory in the UK; Rudy Giuliani officially disbarred in New York for Trump election lies; Trump sentencing in hush money case postponed after high court immunity ruling; YouTube hosting and pushing radical content at any cost, even if people don’t subscribe to it; and more.
Below is an overview of the aspects of Agenda 47 we discuss, which starts around the 18 minute mark:
Unchecked Executive Power
Increased Impoundment Power:
Without Legal Constraints: With presidential immunity, the constraints of the Impoundment Control Act of 1974 could be disregarded without fear of legal repercussions. The president could impound funds or refuse to spend appropriations without needing congressional approval.
Selective Funding: The president could selectively fund or defund programs based on personal or political preferences, effectively reshaping the federal budget unilaterally.
Control over Federal Agencies:
Absolute Authority: With immunity, the president could exert complete control over independent regulatory agencies like the FCC and FTC, appointing loyalists and ensuring they follow executive directives without concern for legal constraints.
Rubber Stamp Agencies: Agencies could become mere instruments of the president’s will, enacting policies and regulations strictly aligned with presidential preferences.
Reallocation of Funds:
Unrestricted Reallocation: The president could reallocate funds at will, diverting resources from disfavored programs to preferred ones without legal challenges. This could include defunding agencies like the EPA or CFPB and redirecting those funds to other initiatives.
Bypassing Legislative Oversight:
Diminished Congressional Power: Congressional power to check the president is now significantly weakened. Legislative attempts to override presidential actions could be ignored, as the president would be immune from any legal consequences.
Potential for Abuse: The potential for abuse of power increases dramatically, as the president could engage in actions that are illegal under current law without fear of prosecution.
Trump will reign in the free press
Trump has frequently criticized the media, labeling unfavorable coverage as "fake news." He has expressed a desire to change libel laws to make it easier to sue media outlets. This would indeed have a chilling effect on the media’s ability to criticize him and could lead to increased litigation against journalists and news organizations.
Changing Libel Laws: Trump has suggested revising libel laws to provide more meaningful recourse for those who feel defamed by the media. This could potentially lead to the revelation of anonymous sources or legal consequences for journalists refusing to comply, affecting the media's capacity to report freely.
Impact on Anonymous Sources and Media Criticism: Changing libel laws could deter journalists from using anonymous sources due to fear of legal repercussions. This would limit investigative journalism and reduce media scrutiny of public figures, including Trump.
Section 230 and the "Censorship Cartel"
Trump has criticized Section 230, which provides immunity to online platforms for content posted by users. Revising or repealing Section 230 could make platforms more cautious about hosting user-generated content that could lead to lawsuits, including critical or controversial material.
Without a majority in Congress, the Trump administration would face significant hurdles in directly revising or repealing Section 230. However, through a combination of executive orders, regulatory actions, judicial appointments, strategic litigation, and public and political pressure, the administration could indirectly undermine Section 230 protections and push for changes that align with its goals. While these strategies would not guarantee success, they represent potential avenues for exerting influence over the interpretation and application of Section 230 in the new environment of presidential immunity.
Impact on Social Media Platforms
Without Section 230 protections, social media platforms would face increased legal risks for hosting content deemed defamatory or otherwise actionable. This could lead to greater censorship of critical content and more leniency towards misinformation to avoid allegations of bias or censorship.
Pressure to Remove Critical Content and Allow Misinformation: Platforms might censor content critical of the government or specific individuals to avoid lawsuits. Conversely, they might also allow more misinformation to avoid being accused of censorship. This dual pressure could degrade the quality and reliability of information on these platforms.
Tsunami of Misinformation: The removal of Section 230 protections and changes to libel laws could result in a surge of misinformation on social media. Platforms would be less incentivized to moderate content, leading to an increase in misleading, hateful, or propagandistic material.
Use of the Justice Department on Enemies
Trump has a history of rhetoric suggesting he would use the Justice Department against his political opponents. While the DOJ is intended to operate independently, a president with total immunity and absolute pardon power could exert significant influence over it, especially with a compliant Supreme Court.
Historical Context of the DOJ and Ethics in Government Act: The DOJ was established post-Civil War, and the Ethics in Government Act of 1978 was indeed passed to prevent abuses like those seen during Nixon's presidency. This act sought to ensure a degree of independence for the DOJ from the White House.
Immunity and Retaliation: Trump has frequently blamed the Biden administration and others for his legal troubles and has made public statements indicating his intent to retaliate against those he perceives as enemies. With immunity, this tendency could manifest in more extreme actions without fear of legal consequences.
Enemies List and Retaliation Plans: Trump's rhetoric includes targeting individuals he labels as "communists," "Marxists," and other pejoratives. He has expressed intentions to root out those he perceives as threats, and this could extend to using the DOJ for personal vendettas in an environment where he faces no legal repercussions.
Truth and Reconciliation Commission: Trump has proposed the creation of a Truth and Reconciliation Commission to expose alleged abuses by the "deep state." This could serve as a tool for identifying and targeting political opponents, especially in this environment where the president has absolute control and immunity.
Treason Accusations and Death Penalty: Trump has accused his opponents of treason and has mentioned the death penalty for such crimes. With immunity, the president has the power to enact such measures without legal restraint, this could lead to severe consequences for those targeted by his administration.
Trump Loyalists throughout the Federal Government
Trump's 2020 executive order to create "Schedule F" aimed to reclassify certain civil servants as political appointees, enabling him to fire those deemed disloyal. This plan was revoked by President Biden, but Trump's Agenda 47 includes reimposing Schedule F.
Implementation of Schedule F: With immunity and a compliant Supreme Court, Trump could re-implement Schedule F, allowing him to replace tens of thousands of career civil servants with loyalists. This would significantly alter the composition of the federal workforce.
Office of Personnel Management (OPM) and Worker Protections: The OPM has tried to strengthen worker protections, but with immunity in a second term, Trump could fire the head of the OPM and appoint someone supportive of Schedule F. Using acting designations to bypass Senate confirmation, Trump could maintain control over federal appointments.
Use of Acting Designations: Trump has previously expressed a preference for using acting designations to fill positions, providing him with greater flexibility to appoint loyalists without Senate approval. This strategy would likely continue in a second term under Agenda 47.
Cabinet and High-Level Appointments: Trump has indicated that his second-term cabinet would include loyalists such as Stephen Miller, Jeffrey Clark, Kash Patel, Michael Flynn, and Steve Bannon. These individuals are known for their strong support of Trump’s agenda.
Impact on Government Operations: The widespread appointment of Trump loyalists would reduce internal resistance to his policies and actions. This could remove many of the checks and balances that career civil servants provided during his first term, leading to more unilateral decision-making.
Law and Order President
Trump has frequently positioned himself as a law and order president, emphasizing strict enforcement of laws and public safety measures. This aligns with his rhetoric and actions during his first term.
Rounding Up and Detaining Undocumented Immigrants: Trump has expressed strong anti-immigration views and has proposed aggressive measures to detain and deport undocumented immigrants. The scale of these operations would indeed require significant expansion of current ICE detention facilities, potentially leading to the creation of large detainment camps.
Use of National Guard and Military: Trump has suggested using the National Guard and military to enforce immigration laws, despite legal restrictions on using the military as a domestic police force. With immunity and full support from the Supreme Court, these legal barriers could be circumvented.
Stop and Frisk: Trump has supported policies like stop and frisk, which were previously ruled unconstitutional in certain applications. Reinstating such policies would indeed make it easier for police to arrest citizens, raising significant civil liberties concerns.
Detaining Homeless People in Camps: Trump has proposed measures to address homelessness, including removing homeless people from cities. While the specifics of creating camps for the homeless have not been a widely stated policy, it is consistent with his general approach to addressing visible social issues through enforcement measures.
Executing Drug Traffickers: Trump has suggested implementing harsher penalties for drug traffickers, including the death penalty. Proposals to expedite executions without further due process or appeals would violate established legal procedures but could be pursued in the new environment of presidential immunity.
Potential Consequences
Erosion of Checks and Balances:
Weakened Judicial and Legislative Branches: The system of checks and balances would be severely compromised, as neither the judiciary nor Congress could effectively restrain the president.
Constitutional Crisis: This scenario could lead to a constitutional crisis, as the foundational principles of separation of powers and accountability are undermined.
Policy Implications:
Partisan Policymaking: Policies would likely become more partisan and less subject to negotiation and compromise, as the president could unilaterally implement preferred policies.
Instability and Unpredictability: The lack of legal constraints could lead to rapid and unpredictable changes in policy, creating instability in governance.
Public and International Reaction:
Loss of Democratic Norms: Domestically, the public might react strongly to the erosion of democratic norms and institutions. Internationally, allies and adversaries alike could reassess their relations with the United States based on the perceived stability and reliability of its governance.
Summary
In the world we now find ourselves in, where a president Trump has total immunity from crimes, his executive branch would have unprecedented power, effectively bypassing legislative and judicial constraints. This fundamentally alters the balance of power in the U.S. government, leading to potential abuses of power, erosion of democratic norms, and significant policy instability.
Trump's potential actions under Agenda 47 to reign in the free press would lead to increased self-censorship and a surge of misinformation. These changes would undermine the media's ability to hold public figures accountable and could result in a media landscape more favorable to Trump and his supporters, while making it harder for the public to discern the truth.
Given immunity from criminal prosecution, absolute pardon power, and a Supreme Court that fully supports his agenda, the potential for misuse of the Justice Department becomes clear. This undermines the independence of the DOJ and could lead to severe abuses of power, targeting political opponents and eroding democratic norms and the rule of law. The establishment of a Truth and Reconciliation Commission to expose and punish enemies, combined with treason accusations and the threat of execution, presents a particularly chilling vision of unchecked executive power.
Trump's potential actions under Agenda 47, particularly regarding the use of Schedule F to populate the federal government with loyalists, are totally achievable. Again, with immunity from criminal prosecution, absolute pardon power, and a fully supportive Supreme Court, these actions would be feasible and could fundamentally alter the functioning and impartiality of the federal government. This would lead to a significant erosion of traditional checks and balances within the executive branch.
His proposals to detain millions of undocumented immigrants, use the National Guard and military for domestic enforcement, restore stop and frisk, detain homeless people in camps, and quickly execute drug traffickers reflect an authoritarian approach to governance. Such measures would likely lead to significant human rights and civil liberties violations, characterizing the administration as a police state.
Links:
31: Down the Rabbit Hole: How YouTube Poisons Minds (Outrage Science Bites)
Agenda 47 (Wikipedia)
Project 2025 (Wikipedia)
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Agenda 47: Authoritarian Aspirations - 7/7/2024