Firewalls:

Engage the Fight, Hope for the Best, Prepare for the Worst

Defenders of Democracy and the American Way are entering a new and challenging phase. Many of us have been shocked by what we have witnessed and how quickly it has occurred. Despite glaring deficiencies that would have doomed most Democratic cabinet nominees, Trump’s appointees—Noem, Gabbard, Kennedy, Hegseth, and Patel—faced scrutiny but little meaningful opposition, securing confirmation with near-unanimous Republican support. Meanwhile, J.D. Vance has strained U.S. relations with European allies by reinforcing Trump’s revisionist stance on Russia’s role in the Ukraine war. Even Marco Rubio, once seen as a potential moderating force, has fully aligned himself with Trump, abandoning his prior positions on national security.

Domestically, Trump’s actions have been equally alarming. His recent purge of military leadership has raised major questions of what might happen if the President invoked the Insurrection Act and directed the military to intervene in civilian demonstrations. The so-called “Musk minions” have been unleashed upon the federal bureaucracy, breaching firewalls that protect the private information of millions of Americans. The mass firings and funding freezes seem to be continuing, even as courts issue rulings to block them. The Republican House has developed a budget proposal that cuts deeply into the social safety net to fund the Trump tax cuts.

To date, the only effective opposition has come from attorneys and the courts. Many lawsuits have been brought to contest the legality of everything from the “fork in the road” offer to force resignations of federal employees to the freezes in federal funding and grants already in the pipeline.

While some judicial rulings have temporarily blocked these moves, uncertainty looms over the administration’s willingness to comply. Trump’s statement that “He who saves his country does not violate any law,” and the vice-president’s assertion that “Judges aren’t allowed to control the executive branch’s legitimate power,” are designed to intimate the federal courts if not set the stage for executive refusal to cooperate with court decisions. To do so would prompt a constitutional crisis not witnessed in modern times. Who would force the administration to obey? U.S. Marshalls under presidential control? A U.S. military that takes orders from him? Don’t expect Justice John Roberts to show up at the White House to compel compliance.

The Trump administration strategy appears to be to push the legal envelope as far as possible and dare his opponents to fight him in court. While his efforts to dismantle birthright citizenship will likely fail, other legal battles—such as withholding appropriated funds—are less certain. Last week, in the first legal challenge of Trump’s second term to reach the Supreme Court, SCOTUS refused an emergency request from the President that would have overturned a lower court ruling and cleared the way for the administration to fire the head of a key federal whistleblower agency without cause. It is not yet clear how many other cases will reach the Supreme Court or how the justices will rule. Will they further entrench presidential power by siding with the administration or rule against the president, and risk that he may disregard their order. Speculation abounds about the impact of deliberate violations of court orders, but all agree that this would be unprecedented and send us into totally uncharted constitutional waters.

WHAT IS TO BE DONE?

After several months of dismay, the American public shows signs of awakening. Thousands showed up for Sen. Bernie Sanders’“National Tour to Fight Oligarchy.” Groups like 50501 and Indivisible have helped generate grassroots protests in cities across the country. Americans opposing the Trump/Musk agenda have appeared at town hall meetings and congressional offices, drawing comparison to the “tea party” protests during Obama’s first term. While one should feel optimistic by these recent events, make no mistake. This is a different time–and a different threat–from those we have confronted in the past. While you can’t do everything, you can act. Here are some ideas:

1. Arm yourself with facts, and don’t be afraid to use them, especially with people who likely voted for Trump. There are many good substack blogs you can read. And support the media that carry the truth. Start every discussion with the understatement of the decade: “Don’t you think he is going too far?” But also pick your spots. You only have so much energy, so focus it on the issues that resonate most strongly in your community.

2. Remember the economy. Make sure that you know that the price of a dozen eggs has hit a new record, up almost $1.00 since inauguration day. Or how the stock market is trending (lower on February 21 than before inauguration. Or what has happened to inflation (CPI up to 3% annual from January).

3. Engage politically. Write letters and make phone calls to Congress. They make a difference. And help with upcoming key elections. On April 1, Wisconsin voters will elect a new Supreme Court justice who will determine the character of that body for years. Though these elections are nonpartisan, Elon Musk has invested millions to secure the seat for a conservative and defeat Judge Susan Crawford. We saw what happened in North Carolina when a Democrat won–the Republicans went to court to steal the election. That is why we need Crawford win convincingly. Finally, this November will provide the first major electoral test since Trump took office. It is Virginia’s race for Governor, where Democrat Abigail Spanberger will square off against Trump acolyte Winsome Earle-Sears. 100 House seats and control of that chamber is also at stake. It is not too early to start.

4. Show up to protest. In the last few weeks, rallies have occurred in numerous states and another round is scheduled for March 4. Visit your congressperson’s office, either to support them if they agree with you or to challenge them if they don’t. Expect more periodic grassroots protests and probably national actions in the near future. Local protests today may be the dress rehearsals for later actions. Show up—and make sure you post photos on social media. Otherwise, it didn’t happen.

5. Practice noncooperation. Authoritarianism is difficult to sustain without the obedience of the public When people refuse to cooperate, it undermines the power of those in control. Wide scale noncooperation can include protests, strikes, and boycotts. Boycott Tesla is gathering steam, and the company’s sales are down around the world. A new boycott is targeting AirBnb now that its billionaire founder, Joe Gebbia, has joined DOGE. A 24-hour economic blackout protest occurs February 28, where people are encouraged not to buy anything that day.

6. Recognize state governments that are protecting our rights. State attorneys general are in the courtroom, contesting many of the Trump illegal directives and winning key victories. Last week, a U.S. District Judge extended a temporary restraining order to prohibit the Department of Treasury from granting access to groups like DOGE and anyone who have not passed necessary background checks or obtained security clearances. Challenge your own AG to join the effort to prevent Musk from gathering important and private information of Americans. Two notable AGs on the sideline: Dave Sunday in Pa. and Jason Miyares in Virginia. Govs. Horschel, Pritzker, and Newsome have publicly stated they will not cooperate with illegal actions.

7. If you are a federal employee and can do it, join a union. The American Federation of Government Employees reported it had gained more than 20,000 members since Jan. 1, a significant increase compared with previous years. (In all of 2024, the union said it had added roughly 7,400 members.). Unions will stand up for employees targeted for termination.

8. Support litigation with cash. Lawsuits are expensive, especially when you are up against the DOJ. Citizens for Responsibility and Ethics in Washington (CREW), Democracy Forward , Public Citizen, and the American Civil Liberties Union (ACLU) need help to sustain their cases to protect the rights of citizens. As the American Bar Association (ABA) put it, Trump's approach “may appeal to a few” but is “chaotic,” “wrong,” and “contrary to the rule of law.”

9. Understand and be trained in nonviolent tactics. Large protests will continue in major cities, and they need to be nonviolent. Protesters must guard against efforts to foment violence and be extremely disciplined in their actions. Work with groups you can trust. Be prepared for many scenarios. Training will help; go online to read more or invite trainers from places like The King Center to your community.

10. Celebrate heroes who resign rather than cooperate with improper requests. Acting FBI Director Brian Driscoll refused to hand over names of J6 investigators. Six DOJ officials, including a staunch conservative member of the Federalist Society, resigned rather than drop charges against NYC Mayor Eric Adams. The acting Social Security Administration commissioner quit rather than allow Musk access to sensitive records.

11. Don’t forget good news. There is plenty of it; you only have to look. Here are a couple: Democracy Group and Good Good Good.

When they write the history of the Trump era, it will be about the firewalls that people erected to prevent him from becoming a King and the institutions who held the line against illegal activity. The fight will not be easy, but the American people may be ready to engage. And that is essential for democracy.