Trump seems intent on reminding us why we desperately need a No Kings Day and a second, peaceful American Revolution to preserve the Constitution and redeem democracy. Multiple news stories reminded us that Trump is attempting to exercise dictatorial powers that far surpass those of the British monarch from whom Americans freed themselves in the original American Revolution.
I take no pleasure in listing Trump’s daily transgressions, and I do so only to urge us on to victory, not to proclaim doom. Most of Trump’s unconstitutional behavior is barely recognized as such by the media. It is important that we not give Trump’s lawlessness a “free pass.” Instead, we must restore the Constitution and the rule of law to their rightful places of primacy in American democracy.
As we review Tuesday’s stories, our reaction shouldn’t be, “That’s outrageous,” but rather, “That’s outrageous and the people must rise up to demand fealty to the Constitution and respect for the law.”
With that prologue, let’s see the many ways that Trump violated the Constitution on Tuesday.
The US military killed six alleged drug smugglers in international waters.
Continuing a string of extrajudicial killings that violate US civil and criminal law, the Uniform Code of Military Justice, international laws and treaties, and the law of war, the Trump administration destroyed another boat off the coast of Venezuela. See AP News, US strikes another boat accused of carrying drugs off Venezuela.
Per the AP report, even Republicans in Congress are worried about the legality of the Trump administration’s killing of non-combatants in international waters.
For a deeper dive into the unlawful nature of the killings, see The Hill, (9/06/25) Extra-judicial military killing is not a legitimate answer to drug trafficking.
Per the analysis in The Hill,
Extrajudicial killing is the use of deadly force by agents of a government absent the ordinary processes of criminal law — most basically a trial at which guilt is adjudicated by a fair tribunal. In the U.S., that means a judge and a jury.
This an essential element of our constitutional system. The Fifth Amendment directs that “no person shall be deprived of life … without due process of law.” The Constitution contains no exception allowing the president to deprive any person, even an alleged drug smuggler, of his life without due process.
Trump promises $20 billion to Argentina, but only if his political ally wins in the upcoming presidential election
During the federal shutdown, in which hundreds of thousands of federal workers are not being paid, Trump announced that he would give Argentina $20 billion in “aid” that would go to political and social elites in that country. See HuffPo, Elizabeth Warren Will Attempt To Block Trump’s Argentina Bailout.
But it gets worse. Trump backtracked on the promise of the financial bailout, saying that the aid would be granted only if Trump’s preferred candidate wins in the upcoming presidential election in Argentina. See WSJ, Trump Says Argentina Bailout Depends on Milei’s Party Winning Upcoming Elections. (“Trump praised Milei as “MAGA all the way.”)
Trump’s corruption has become so ubiquitous that he no longer tries to hide it. Using US taxpayer dollars to advance the political fortunes of Trump’s personal favorite in the presidential race is corruption—plain and simple, not to mention “fraud, waste, and abuse.” Every member of Congress should be standing on their desks in protest of this grotesque misuse of taxpayer money.
Trump forces the resignation of US Attorney who refused to prosecute attorneys who investigated Russia’s interference in 2016 election
Trump has ordered the DOJ to prosecute attorneys and agents of the DOJ and FBI who helped to investigate Russia’s interference in the 2016 presidential election. To the surprise of no one, the US Attorney tasked with initiating that prosecution found that there was no basis to prosecute the DOJ attorneys and FBI agents who investigated Russia’s 2016 interference.
So, as Trump has done on numerous occasions previously, he ordered Attorney General Pam Bondi to fire the US Attorney (Todd Gilbert) who refused to file a corrupt indictment against Trump’s political enemies. See NYTimes, U.S. Attorney Was Forced Out After Clashes Over How to Handle Russia Inquiry. (Accessible to all.)
Per the NYTimes,
After reviewing the evidence, Mr. Gilbert told his superiors that he did not believe there was sufficient evidence to justify a grand jury investigation, these people said. Frustrated by that answer, aides to Attorney General Pam Bondi and her deputy, Todd Blanche, blamed a senior career attorney in the office who they believed had swayed Mr. Gilbert: Zachary Lee, a veteran prosecutor with more than two decades of experience involving public corruption and narcotics, among other issues. [¶]
Pressed to further sideline or remove Mr. Lee, Mr. Gilbert refused, these people said. Department officials then informed Mr. Gilbert that he would be fired, and he resigned shortly afterward, posting a GIF on social media with a joke from the movie “Anchorman,” in which the lead character exclaims, “Boy, that escalated quickly!”
As before, there is now a frantic search in the DOJ to find an attorney, any attorney, who will file a bad-faith indictment against the DOJ attorneys and FBI agents who investigated Russia’s 2016 interference.
In the meantime, the House Judiciary Committee plans to call former Special Counsel Jack Smith to testify about his investigation of Trump. The Republicans may regret that decision. On Tuesday, Smith made his first public comments since resigning from his post as Special Counsel after the Supreme Court said Trump could commit crimes with impunity. See NYTimes, Jack Smith Calls Idea That Politics Infected Trump Prosecutions ‘Ludicrous’. (Accessible to all.)
Per the NYTimes, Jack Smith said the following:
The idea that politics played a role in who worked on that case, or who got chosen, is ludicrous.”
Mr. Smith offered a dour hourlong assessment of Mr. Trump’s campaign of retribution against his enemies, rebuking the indictments of James B. Comey, the former F.B.I. director, and Letitia James, the New York attorney general, over the objections of career prosecutors. He also called out the forced resignations of prosecutors who unsuccessfully opposed White House efforts to drop the bribery case against Mayor Eric Adams of New York.
“Nothing like what we see now has ever gone on,” he said.
“There are rules in the department about how to bring a case — follow those rules,” he added. “You can’t say: ‘I want this outcome. Let me throw the rules out.’”
I think having Jack Smith testify before the House Oversight Committee to revisit the evidence against Trump is a brilliant idea. That would force the House to come back into session, allowing the discharge petition to become effective, and forcing a vote on the Epstein Transparency Act, which calls for the DOJ to release the Epstein files.
Acting US Attorney Lindsey Halligan removes career prosecutor in Eastern District of Virginia
Former insurance attorney turned acting US Attorney in the Eastern District of Virginia, Lindsey Halligan, has apparently fired or transferred the senior prosecutor in that office, Maggie Cleary. Although there is no word on why that has happened, the reason seems clear: Maggie Cleary’s name did not appear on the indictments of James Comey and Letitia James, forcing Lindsey Halligan to appear as the sole attorney on the indictments.
See CNN, Senior prosecutor removed as Lindsey Halligan reshapes key US attorney’s office.
This appears to be another case of firing DOJ attorneys in retribution for refusing to bring politically motivated prosecutions to please Trump.
Trump threatens to remove the World Cup Tournament from Boston and the Olympics from Los Angeles
Trump has no authority to decide where FIFA plays the games of its World Cup Tournament or where the International Olympic Committee (IOC) decides to hold the Olympics. But Trump has threatened to pressure the presidents of FIFA and the IOC to move the venues away from Boston and Los Angeles. See The Guardian, Trump threatens removal of World Cup games from Boston, Olympics from LA.
The worst thing that could happen to Trump, from his perspective, is to get between sports fans and their ability to watch the World Cup and Olympic Games. Trump isn’t going to move the games because it would be logistically impossible to do so. But if he did, he would have a whole new constituency of voters who hate him. Heck, they will hate him for threatening to do so.
U.S. airports refuse to run video of Kristi Noem blaming Democrats for government shutdown
The Hatch Act prohibits government employees from engaging in partisan politics while performing their official duties. The Trump administration has reduced the Hatch Act to a quaint relic of the beforetimes. For example, Homeland Security Secretary Kristi Noem has distributed a video of her blaming Democrats for the government shutdown—at a time when Republicans control both chambers of Congress and the presidency.
Fortunately, airports across the nation are refusing to subject travelers to the blatantly improper use of government communications to blame Democrats for the shutdown. See The Guardian, US airports refuse to air Kristi Noem video blaming Democrats for shutdown.
Although airports are subject to FAA jurisdiction, they are owned and operated by various municipal and state agencies. They are right to resist the politicization of the shutdown by Homeland Security. The refusal to comply with the prohibitions of the Hatch Act is another sign of Trump’s wannabe status as dictator!
Opportunities for Reader Engagement
Focus for Democracy looks at the influence of elections next month on the 2026 midterms
This Wednesday, October 15th, at 5 PM PT/8 PM ET, Focus for Democracy will continue its event series with a briefing on how elections this November will determine the playing field for the 2026 midterms.
Next year will be pivotal for the future of our democracy. The threats are real, and the stakes could not be higher, so join Focus for Democracy on Zoom to learn how we can have the biggest effects on key races … now.
Wednesday, October 15 at 5 PM PT/8 PM ET
Register at this link.
Texts in Spanish in support of California’s Proposition 50
Reader Dorothy L. provided these texts in Spanish in support of Proposition 50 [with English translation in brackets]. Cut and paste these messages into texts directed to Spanish-language voters.
Vecinos y amigos, Votemos juntos SÍ a la Proposición 50 (La Enmienda al Mapa de Redistribución de Distritos del Congreso) en la elección especial del 4 de noviembre en California.
[Vote YES on Proposition 50 (The Congressional Redistricting Map Amendment) in California’s November 4 special election.]
Podemos votar en persona el 4 de noviembre o devolver la boleta por correo, que ya recibimos en casa.
[You can vote in person on November 4 or return your mail-in ballot, which has already been sent out.]
Si enviamos nuestro voto SÍ temprano, los voluntarios podrán visitar y motivar a más personas que aún no han votado.
[Send your YES vote early so campaign volunteers can reach others who haven’t voted yet.]
Esta será una elección muy ajustada y cada voto de nuestra comunidad cuenta. ¡Hagamos oír nuestra voz y sumemos fuerza para un SÍ rotundo a la Proposición 50!
[This will be a very tight race, and every vote matters. Please make sure your voice is heard!]
Concluding Thoughts
Trump is struggling with the voters—and Republicans know it. That is why they are working so hard to engage in even more gerrymandering in red states to increase the number of “safe” Republican seats in the House. If they weren’t worried, they wouldn’t do it. They are worried, so they are increasing partisan gerrymandering, bigtime!
A recent analysis in The Economist provides a stark view (for Trump) of just how widespread and deep his unfavorability ratings are. Before looking at The Economist, let’s say it together: Polls aren’t votes, it’s the trend that matters over time and across polls, and nothing is over until the last vote is counted.
But it should give you confidence that there is nothing wrong with your grip on reality when you read the most recent nationwide polling described in The Economist, Donald Trump’s approval rating. The article is behind a paywall, so it may not be available to all (but I was able to read the article without signing in, so perhaps it is unlocked.)
The polling and discussion are impressive in their detail, but here is the big takeaway: In every leading issue, in every major cohort of voters, and in 43 states (excluding MT, ND, ID, WV, TN, AR, and AL), Trump is underwater in approval ratings.
He has moved from positive to negative territory on inflation, healthcare, jobs, immigration, and crime. He has lost ground in every voting cohort except for white males with a high school diploma or less, and even there, Trump is slightly underwater.
None of this means that we can ease up. But it should give us confidence that our feelings are shared by millions of Americans who supported Trump in 2024 and are now disappointed (at least) in his performance.
Although Trump isn’t on the ballot in 2026 and 2028, we know that every Republican on the ballot will defend Trump to the hilt—including on the Epstein files, tariffs, healthcare cuts, mass firings, attacks on universities, military occupation of cities, and more.
As we protest in the coming weeks, we should remember that there is a receptive audience who are unhappy with Trump and willing to be persuaded. Let’s focus on inviting them to Team Democracy rather than blaming them for the crisis we find ourselves in. Our job is to convince more Americans to join us in the streets in peaceful protest until our numbers are so large that we cannot be ignored.
Stay strong, everyone! Talk to you tomorrow!
Protest Photos
Below, from reader Annie S.
Below, Chattanooga, TN:
Below, in Philadelphia, postcards ready to go!
Below, protest signs by reader Bob M, ready for No Kings Day:
Below, Asheville, NC:
Below, getting ready on freeway overpass, Eugene, Oregon:
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