The UnPopulist Launches Executive Watch
Our new tool will track the abuses of presidential powers in real time
Dear Readers:
At the conclusion of the 1787 Constitutional Convention, in response to Elizabeth Willing Powel’s question, “Well Doctor, what have we got here, a monarchy or a republic?” Ben Franklin famously quipped, “A republic, if you can keep it.”
Franklin was joking—but only partially, because he no doubt realized that it was natural for institutions to deteriorate with time. And as the country approaches its 250th anniversary next year, it is clear, the American Republic has become sclerotic, unresponsive, and out-of-whack with the original constitutional scheme of things. Its government was supposed to have limited, enumerated, and, above all, separated powers. The Founders deliberately distributed these powers across the three branches and created mechanisms to avoid the concentration of power in one: the executive. But thanks to Congress’ voluntary and involuntary ceding of its powers, the American presidency has grown ever more powerful. Literally every president since George Washington, who famously refused a third term, has expanded and abused his powers—with the 20th century, especially the three-term FDR, being particularly bad.
But Trump took things to unimaginable levels in his first term, leading to two impeachments, the second one for an attempted insurrection, something we should never, ever forget. If he was somewhat constrained, however, it was because there were still adults around him enforcing existing guardrails.
Now, barely five weeks after returning to office, Trump has assembled a Cabinet of fierce loyalists willing to blow through any constraints that might prevent him from accomplishing his personal and political agenda. He is proceeding at a breakneck speed; all part of his “flood the zone” strategy to make it difficult for opponents to stop him from grabbing more powers and abusing them.
We have been extensively covering his actions at The UnPopulist. But what we need is a way of tracking all his attacks on the system—big and small—so that we don’t forget what we have lost. To that end, today, we are launching Executive Watch, headed by The UnPopulist contributor
. He is a deeply principled, center-right voice and a veteran writer who has been providing brilliant analysis and commentary about Trump’s authoritarian threat on his own publication, The Tracinski Letter.The core component of the Executive Watch will be a tracker on The UnPopulist’s home page. (You will also be able to access it on the website of its parent organization, ISMA—Institute for the Study of Modern Authoritarianism). The tracker consists of quick posts documenting Trump’s assaults filed under the Five Ps:
A sampling of our entries is below and we will, over the next few days, backfill Trump’s other actions since assuming office. Our aim is to create a one-stop, comprehensive, easily searchable database that anyone can click on to get an overview of what this White House is up to and instantly get the whole picture to prevent any individual transgression from being pooh-poohed because other presidents had done something similar. We have to confront just how “exceptional” this presidency is without drawing any false parallels.
We will update the Executive Watch several times a week if not every day so you can bookmark it and return to it on a regular basis to stay on top. The point of the tracker is not to thrash out our disagreements with this administration’s policies (we’ll continue to do that as part of our regular coverage), but list actual, unambiguous abuses of Trump’s powers either because what he is doing is outright illegal or unconstitutional or a severe departure from the standing norms that have long governed the proper exercise of presidential power.
In addition, we will continue to expand our Fireproofing the Presidency series. Robert will regularly commission essays from prominent legal scholars to build on our project of identifying realistic reforms that close loopholes that Trump has exposed so that we are never again confronted with this kind of authoritarian threat. Robert will also conduct podcasts with experts and scholars to discuss and explore these reforms.
And, finally, we will do short videos for TikTok, YouTube, Instagram, and other platforms to keep every kind of audience, including younger ones, informed of the abuses of power and the gathering authoritarian threat.
I won’t say, enjoy. I will say, stay vigilant. Like everything, this too shall pass and once it does, we’ll need to dedicate ourselves to rebuilding our republic.
Join me in welcoming Robert to The UnPopulist family.
Shikha Dalmia
Editor-in-Chief
Personal Grift
Elon Musk Uses “DOGE” to Land a Lucrative Government Contract for Starlink Feb. 22, 2025
Elon Musk holds no specific executive position in the government. Yet Trump gave him the power to direct a small team that is actively and drastically cutting funding and staff across the government. Is it any surprise that he is using this unaccountable power for the benefit of his own companies?
CNN reports:
The Federal Aviation Administration has agreed to use SpaceX’s Starlink internet system to upgrade the information technology networks it uses to manage U.S. airspace. …
The contract comes while Musk is leading efforts to make deep cuts in federal government spending, including staffing cuts at the FAA, and some critics are raising questions about conflicts of interest over his role overseeing government agencies that are supposed to be regulating his businesses. …
Soon after the fatal crash of a military helicopter and a regional jet on final approach to Ronald Reagan Washington National Airport, Transportation Secretary Sean Duffy announced that he had had discussions with Musk and that he was going to help the FAA “remake our airspace” and “do it quickly.”
The FAA already has a contract with Verizon to upgrade its information technology networks. In a post on X Monday, Musk said “The Verizon system is not working and so is putting air travelers at serious risk.”
The abuse of executive power does not have to be concentrated in the person who holds the title of president—nor do its benefits. By overturning safeguards that prevent the misuse of executive power, Trump creates opportunities for his deputies and cronies to further enrich themselves.
Political Corruption
Trump’s Pardon-for-Deportation Crackdown Deal with NYC Mayor Eric Adams Feb. 11, 2025
New York City Mayor Eric Adams has been charged with taking bribes from the government of Turkey, but Donald Trump’s new appointees ordered federal prosecutors to drop the case in a clear exchange for Adams supporting Trump’s policies in New York.
As the BBC noted:
The U.S. justice department has told federal prosecutors to drop their corruption case against New York City Mayor Eric Adams.
The order came from the acting deputy attorney general, appointed by President Donald Trump, who said the indictment had “restricted” the mayor’s ability to address “illegal immigration and violent crime” in the city.
Adams, a Democrat, has recently built a closer relationship with Trump, a Republican, and has told law enforcement to co-operate with the president’s immigration raids.
The Constitution charges the president to “take care that the laws be faithfully executed.” Instead, Trump appointees are granting immunity from the law to politicians who support him and aid in the implementation of his policies—subordinating the rule of law to the rule of quid pro quo.
Trump Abuses His Foreign Policy Powers as a Favor to “Manosphere” Influencer Andrew Tate
Feb. 17, 2025
Andrew Tate is a leading figure in the misogynistic “manosphere” known for his toxic influence on young men. He is under house arrest in Romania awaiting trial for human trafficking and rape. But he is pro-Trump, so U.S. special envoy Richard Grenell has asked the Romanian government to release him.
As Newsweek noted:
U.S. officials initially broached the subject during a phone call with the Romanian government, advocating for the return of [Andrew and Tristan] Tates’ passports and permission for them to travel while awaiting court proceedings, [Financial Times] reported. This diplomatic effort was further amplified when Richard Grenell, President Donald Trump’s U.S. envoy for special missions, met with Romanian Foreign Minister Emil Hurezeanu at the Munich Security Conference last week. ...
While Hurezeanu declined to comment on the specifics of their discussion, his spokesperson emphasized the independence of the Romanian judiciary, stating that courts operate based on the law and due process. ...
Andrew Tate has previously said he would move back to the U.S. following Trump's election victory in November. “MAGA!” he told Newsweek at the time.
The Constitution gives the president the power to conduct foreign policy, but on behalf of the interests of the United States. Instead, Trump is abusing it to pressure foreign governments to suspend their justice systems for the benefit of one of his influential political supporters.
On Feb. 27, after Romanian authorities removed their travel restrictions, the Tate brothers left on a private jet for Florida.
Presidential Retribution
Trump DOJ Threatens Opposition Lawmakers for their Speech
Feb. 20, 2025
As the Trump administration drops a bribery case against New York Mayor Eric Adams, it threatens investigations of Democratic congressmen for using strongly worded metaphors in press appearances and campaign speeches—implying very different standards for political supporters versus opponents.
Cato Institute’s Walter Olson, a regular contributor to The UnPopulist, explains:
Trump’s pick for federal prosecutor in Washington, DC, Edward R. Martin Jr., has sent a threat/investigation letter to Rep. Robert Garcia (D‑Calif.) over comments that Garcia made during a live CNN interview on Feb. 12. Asked about Democrats’ response to Elon Musk, Garcia evoked a hackneyed trope about political hardball: “What the American public wants is for us to bring actual weapons to this bar fight. This is an actual fight for democracy.” Martin sees fit to pretend that these remarks somehow constitute an actual physical threat to Musk. ...
Under longstanding Supreme Court doctrine, antagonistic speech, very much including speech antagonistic toward a public official, is ordinarily constitutionally protected by the First Amendment unless it falls into one of several narrow exceptions. Most relevant here is whether it is a “true threat,” which the Court said in the 2003 case of Virginia v. Black must involve “a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.” Nothing of the sort is present in either case here.
This is a naked attempt to interpret any strong rhetoric by politicians and the press as a threat of violence, giving the administration the pretext to jail its critics—even as Trump springs from jail the Jan. 6 rioters who committed actual acts of violence against the government.
Power Consolidation
Trump Uses the Threat of FCC Action to Intimidate and Shake Down CBS
Jan. 17, 2025
Even before taking office, Donald Trump is already intimidating the media by filing lawsuits for actions that are clearly protected by the First Amendment. Paramount is considering settling a lawsuit that they would easily win, for fear the new administration will target their other business operations.
Deadline, an entertainment webzine, reports:
Executives at Paramount Global are discussing, internally and informally, what it might take to settle a lawsuit by incoming President Donald Trump against CBS News centered around a 60 Minutes interview with his then rival Kamala Harris, Deadline has confirmed. …
Settlements with Trump are flowing and capitulation in the air for executives of media (and tech) companies that will have business before the new administration. Disney’s ABC recently agreed to pay $15 million to Trump’s presidential foundation and library and $1 million in legal fees to settle a libel lawsuit over comments that George Stephanopoulos made on This Week in March. …
CBS parent Paramount Global has a very big bit of business pending—selling itself to Skydance, a deal that requires the transfer of broadcast licenses from one to the other. The transfers must be approved by the Federal Communications Commission. Brendan Carr, Trump’s pick for Commissioner, has said publicly the FCC will give the proposed merger a closer look, indicating that editorial fairness would be considered.
Even if this attempt fails, it warns media companies that simply airing an interview in which Trump’s opponents look good will subject them to legal and regulatory harassment. It’s just icing on the cake that this is also an opportunity for Trump to extort a multimillion-dollar payment.
King Trump to America: I Am Beyond the Law
Feb. 15, 2025
Donald Trump posted on social media that the president is above all laws if he is “saving” the country. This idea has been announced by other authoritarian leaders, but the fact that he is quoting the 1970 film Waterloo should make us wonder if Trump knows what happened to Napoleon afterward.
The Independent calls the quote “ominous” :
Donald Trump appeared to quote Napoleon Bonaparte by way of Rod Steiger on Saturday afternoon after his blitzkrieg of executive actions and threats to federal agencies under Elon Musk were challenged in courts across the country, raising alarms that his administration is preparing to shred court orders and ignite a constitutional crisis.
“He who saves his Country does not violate any Law,” the president wrote on Truth Social.
The official White House account on X also shared the message, endorsing his apparent belief that the president of the United States is incapable of breaking any law.
Trump said this in response to another social media post suggesting he ignore court rulings, implying that he takes this idea both literally and seriously. It indicates that he rejects the constitutional authority of the judicial branch to serve as a check on presidential power.
In the words of the John Locke quote engraved on the side of the Department of Justice building: “Where Law Ends, Tyranny Begins.”
Policy Illegality
Trump Defies the Law to Keep TikTok Alive
Jan. 20, 2025
One of Donald Trump’s first acts in office is saving TikTok from a ban passed by Congress and upheld by the Supreme Court. The problem: There is no provision in that law that gives the president the power to suspend it. TikTok is still illegal and remains available only by Trump’s say-so.
Politico explains:
On his first day in office, Trump declared that he would effectively ignore the law, and so TikTok lives. He appears to have engineered a short-term bailout for TikTok—whose app should have gone dark in the U.S. by now—after a wealthy donor supported the move and amid some belief that TikTok helped him get reelected.
The president is responsible for executing the laws and has no separate power to suspend them. Notice that Trump’s obvious motives are corrupt and authoritarian. He reversed his stand on TikTok in response to the pleas of Republican mega-donor Jeff Yass, and because TikTok favors him politically.
The Trump Administration Illegally Seizes New York City Funds
Feb. 12, 2025
The Trump administration isn’t just “impounding” future spending mandated by Congress. They’re time-traveling to the past to seize money already transferred through the banking system, reversing an $80 million FEMA payment to New York City. NYC Comptroller Brad Lander calls it “highway robbery.”
The New York Times reports:
City leaders said on Wednesday that they noticed $80 million had suddenly gone missing from city bank accounts. Shortly after, the Department of Homeland Security, which houses FEMA, confirmed that the money had been taken back on Tuesday, a significant escalation of President Trump’s attempts to freeze or reverse funding that had previously been appropriated by Congress.
The clawback occurred one day after Elon Musk targeted the FEMA funds in a post on X. ...
City officials questioned the legality of the move, which appeared to be among the first known instances of the Trump administration seizing back congressionally appropriated funds from a locality.
This is an abuse of power on several levels. The administration is not merely defying the authority of Congress to mandate federal spending. By reversing payments already made through the Automated Clearing House banking system, it also violated the rules for automatic bank transfers.
One last thing…
Earlier this week, Iowa House and Senate Republicans successfully ushered complementary bills out of committee that would require birth certificates issued by the state to reflect an Iowan’s sex at birth as either male or female. It’s part of a broader conservative effort to weaponize biology in service of a rigid, binary view of gender to attack trans rights. This effort has led to massive protests in the Iowa Capitol.
Iowa journalist and native
is on the scene, offering live coverage through videos and interviews. Leonard does old fashioned, shoe-leather reporting for Deep Midwest, his Substack, which is worth following. In an age where local reporting is waning, Leonard provides a vital service. It will be especially important as red states, emboldened by the Trump White House, abrogate the rights of vilified groups and engage in draconian crackdowns against immigrants and, potentially, on raucous protests.
© The UnPopulist, 2025
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Fabulous- I’ve been wanting a tracker just like this.
I’m a bit confused as to why the UnPopulist is defending the TikTok ban (a flagrantly illiberal, authoritarian move reminiscent of China’s social media crackdowns) & treating SCOTUS as a legitimate authority on the subject when this court has consistently paved the way for illiberalism (Trump v. United States, Trump v. Anderson, etc.); even with Trump’s craven, self-serving motives, it doesn’t thus follow that the ban should’ve been allowed to pass in the first place (see also the analysis by the always insightful Jonathan Hofer: https://blog.independent.org/2024/12/18/censorship-guise-of-security-tiktok-ban-part-i/).