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2025-02-11
Ezra Klein and Lawfare editor Quinta Jurecic track how the early “muzzle velocity” of Trump’s second term is colliding with institutional pushback, especially from the courts, as the administration pursues sweeping actions like dismantling USAID, freezing congressionally authorized spending, and issuing a birthright-citizenship order that judges have blocked. They explore what is merely aggressive versus outright illegal, why chaotic implementation matters legally and politically, and how the executive branch can create “facts on the ground” faster than litigation can unwind them. The conversation also examines Elon Musk’s informal role in cutting through agencies, the administration’s pressure campaign against civil servants and the FBI, and why Congress has largely ceded its power—turning separation of powers into “separation of parties.” After Vice President J.D. Vance signals that judges may not be able to constrain the executive’s “legitimate power,” they assess whether the U.S. is edging toward a constitutional crisis, how contempt powers and compliance might play out, and how public protest and institutional resistance could still shape what happens next.