The Revenge of the Nerds, er Judges

Do not be reassured that:

Two days after a federal grand jury declined to indict Senator Mark Kelly and five other Democratic lawmakers for putting out a video warning that “threats to our Constitution” are coming “from right here at home”—and reminding service members that they can, and should, “refuse illegal orders” under the Uniform Code of Military Justice—a federal judge rebuked Hegseth for retaliating against Kelly and trampling his First Amendment rights by trying to bust him down in rank from Navy Captain.

The First Amendment is not supposed to have to depend on historically spineless grand juries and nerdy judges (no offense to nerds) to thwart glaring frontal attacks on it.

Worse than exacting political retribution, Trump and Co. appear to be casting about for extrajudicial ways to reduce Democratic numbers in Congress. It’s easy to imagine House Republicans following the would-be indictments with resignation pressure on, or outright expulsions of, the four of six targeted Congressional reps.

A few weeks ago, I sought to reassure myself and others that one immutable bullwark of our so-called democracy is that we don’t hold national elections, but state elections for national offices.

Then Trump’s DOJ raided the election office for Fulton County, Georgia, reviving bogus claims of election theft, and Trump called on Republicans to “nationalize” elections.

Trump and the Christian nationalist theocrats he’s clearing the way for are looking to undermine every institution that stands between them and absolute power. The judiciary may be checking Trump for now, but Trump is checking it—for weakness—as his administration openly flouts court orders.

The federal judiciary is not without enforcement power, but it has the least might of the three branches of government. For coercive effect, the courts depend on the U.S. Marshalls Service, under the command of the DOJ.

Don’t rest easy.

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