I was very closely watching the saga of OMB’s disastrous effort to freeze funding for a vast number of federal programs, and wrote about why it was actually revoked at New York.
This week the Trump administration set off chaos nationwide when it temporarily “paused” all federal grants and loans pending a review of which programs comply with Donald Trump’s policy edicts. The order came down in an unexpected memo issued by the Office of Management and Budget on Monday.
Now OMB has rescinded the memo without comment just as suddenly, less than a day after its implementation was halted by a federal judge. Adding to the pervasive confusion, White House Press Secretary Karoline Leavitt immediately insisted on Wednesday that the funding freeze was still on because Trump’s executive orders on DEI and other prohibited policies remained in place. But there’s no way this actually gets implemented without someone, somewhere, identifying exactly what’s being frozen. So for the moment, it’s safe to say the funding freeze is off.
Why did Team Trump back off this particular initiative so quickly? It’s easy to say the administration was responding to D.C. district judge Loren AliKhan’s injunction halting the freeze. But then again, the administration (and particularly OMB director nominee Russell Vought) has been spoiling for a court fight over the constitutionality of the Impoundment Control Act that the proposed freeze so obviously violated. Surely something else was wrong with the freeze, aside from the incredible degree of chaos associated with its rollout, requiring multiple clarifications of which agencies and programs it affected (which may have been a feature rather than a bug to the initiative’s government-hating designers). According to the New York Times, the original OMB memo, despite its unprecedented nature and sweeping scope, wasn’t even vetted by senior White House officials like alleged policy overlord Stephen Miller.
Democrats have been quick to claim that they helped generate a public backlash to the funding freeze that forced the administration to reverse direction, as Punchbowl News explained even before the OMB memo was rescinded:
“A Monday night memo from the Office of Management and Budget ordering a freeze in federal grant and loan programs sent congressional Republicans scrambling and helped Democrats rally behind a clear anti-Trump message. Senate Minority Leader Chuck Schumer blasted Trump as ‘lawless, destructive, cruel.’
“D.C. senator Patty Murray, the top Democrat on the Appropriations Committee, warned that thousands of federal programs could be impacted, including veterans, law enforcement and firefighters, suicide hotlines, military aid to foreign allies, and more …
“During a Senate Democratic Caucus lunch on Tuesday, Schumer urged his colleagues to make the freeze “relatable” to their constituents back home, a clear play for the messaging upper hand. Schumer also plans on doing several local TV interviews today.”
In other words, the funding freeze looks like a clear misstep for an administration and a Republican Party that were walking very tall after the 47th president’s first week in office, giving Democrats a rare perceived “win.” More broadly, it suggests that once the real-life implications of Trump’s agenda (including his assaults on federal spending and the “deep state”) are understood, his public support is going to drop like Wile E. Coyote with an anvil in his paws. If that doesn’t bother Trump or his disruptive sidekick, Elon Musk, it could bother some of the GOP members of Congress expected to implement the legislative elements of the MAGA to-do list for 2025.
It’s far too early, however, to imagine that the chaos machine humming along at 1600 Pennsylvania Avenue will fall silent even for a moment. OMB could very well issue a new funding-freeze memo the minute the injunction stopping the original one expires next week. If that doesn’t happen, there could be new presidential executive orders (like the ones that suspended certain foreign-aid programs and energy subsidies) and, eventually, congressional legislation. Democrats and Trump-skeptical Republicans will need to stay on their toes to keep up with this administration’s schemes and its willingness to shatter norms.
It’s true, nonetheless, that the electorate that lifted Trump to the White House for the second time almost surely wasn’t voting to sharply cut, if not terminate, the host of popular federal programs that appeared to be under the gun when OMB issued its funding freeze memo. Sooner or later the malice and the fiscal math that led to this and other efforts to destroy big areas of domestic governance will become hard to deny and impossible to rescind.
Here’s the problem as I see it. I believe impeachment is doable although by no means a sure bet. It would no doubt be an almost completely partisan vote with defections on both sides but I think at the end, the “yeas” would prevail.
However, as many others have already pointed out, conviction in the Senate is another matter. Even if every single Democrat plus the two Independents who caucus with the Democrats were to vote to convict, unless they get some Republican votes, it’s not going to happen. I don’t know that the people clamoring loudest for impeachment understand that. I’m afraid they’ll see it as just another “DLC Repug-lite” cowardly sell-out even if all the Democrats (plus Leiberman and Sanders) vote for conviction.
I agree that from the partisan perspective of aggregating and holding power, impeachment may not be the best strategy. Undoubtedly, Rove is holding the revenge card up his sleeve that he’ll use in the media to brand Democrats petty children who are simply finding their opportunity to repay the GOP for their impeachment of Clinton. The MSM also undoubtedly would be gleeful in their punditry, ascribing all the motivations and reactions Gitlin outlines. But, isn’t such a partisan strategy just another aspect of the political cynicism by which voters are so repulsed?
However, impeachment should not and need not be about vengeance–whether as tit-for-tat vis-a-vis WJC, or for the actual victims of the crimes of the Bush White House. Rather, as John Nichols illuminates in The Nation (8/13/07) and echoing the sentiments of Bill Moyers panelists, “…the point of impeachment is not the transitory crimes of small men but the long-term definition of great offices. …the Founders intended impeachment less as a punishment for office-holders than as a protection against the dangerous expansion of executive authority. If abuse of the system of checks and balances, lies about war, approval of illegal spying and torture, signing statements that improperly arrogate legislative powers to the executive branch, schemes to punish political foes and refusals to cooperate with Congressional inquiries are not judged as high crimes, the next President, no matter from which party, will assume the authority to exercise some or all of these ilegitimate powers.” Indeed, the partisan temptation to do so will be great, even if just as a matter of righting the wrongs done by a previous administration.
So, the Congress has a solemn, non-partisan duty to our Constitution to execute an impeachment not only against Bush and Cheney, but also against any scoundrel, tyrant or demagogue that so abuses the powers of their offices and damages our Democracy. That the Democrats make up the majority of the Congress right now, it falls to them to muster the necessary support for those articles. But, it also falls to all MOGs to weigh the facts of these matters objectively and to acquit their Constitutional duty. To do otherwise–whether as a matter of winning elections or as a matter of partisan solidarity–is merely to succumb to political cynicism. Such may be considered complicity in the same crimes as those accused, since it is a withholding of the last instrument necessary in preserving our system of checks and balances–and in spite of Justice.
Perhaps, then, a national civics lesson is in order, a Prophylactic for the People against the inevitable slings and arrows of the MSM, screeching of vengeance and pettiness and disloyalty in “war time” like a chorus of so many howler monkeys, a cacophony of “sound and fury, signifying nothing.”
Perhaps also, for this one action, all Democrats and any Republicans of conscience who would join them, should declare themselves Independents, making it clear to the People that this is an action of Our supreme legislative body performing its Constitutional duty.
Nichols concludes, “No matter how unsucessful we may think [Bush’s] tenure has been, it will leave a mark on the Republic. If that mark is of a presidency without limit or accountability, Bush and Cheney will have changed the country far more fundamentally than any of their predecessors.”
Here one is reminded of the legacy of Julius Caesar in the course of the Roman state. While the “noblest” Romans assassinated and buried Caesar, the fundamental mutation to tyranny that he wrought persevered. Republic became Empire. But, the Pax was a pox upon all houses. The brutality necessary for imperial rule spread from the reaches of empire back to mother Rome, where fear and poverty and oppression prevailed until the Fall.
Are we not already seeing these same signs as we enter upon a new era of imperial executive? Are our armies not already waging an unwinnable, unending war against a shadowy enemy of ideology? Are we not already refitting our society for the paranoia of an all-seeing eye? Have we not already succumbed to a politics of effete consent?
So, it is not enough to punish these mere men for their transgressions, though justice demands it and impeachment will accomplish it. Such ad hominem penalty is merely cutting a head from the hydra of imperialism, for another will grow back in its place. No, that imperial dragon must be slain. But it will take more than a partisan Brutus. It will take a People expressing their Will for the persistence of democratic self-governance through the only vehicle We have: the Congress. That vehicle is so much bigger in its Constitutional sense and its Democratic import than any political party. And ultimately, the members thereof must act in accordance with the Will of the People to restore balance and integrity to our great Nation.