Aziz Huq: QUOTE today, we are witnessing the birth of a new dual state. The U.S. has long had a normative state. That system was always imperfect. Our criminal-justice system, for example, sweeps in far too many people, for far too little security in exchange. Even so, it is recognizably part of the normative state. What the Trump administration and its allies are trying to build now, however, is not. The list of measures purpose-built to cleave off a domain in which the law does not apply grows by the day: the pardons that bless and invite insurrectionary violence; the purges of career lawyers at the Justice Department and in the Southern District of New York, inspectors general across the government, and senior FBI agents; the attorney general’s command that lawyers obey the president ov…
Aziz Huq: QUOTE today, we are witnessing the birth of a new dual state. The U.S. has long had a normative state. That system was always imperfect. Our criminal-justice system, for example, sweeps in far too many people, for far too little security in exchange. Even so, it is recognizably part of the normative state. What the Trump administration and its allies are trying to build now, however, is not. The list of measures purpose-built to cleave off a domain in which the law does not apply grows by the day: the pardons that bless and invite insurrectionary violence; the purges of career lawyers at the Justice Department and in the Southern District of New York, inspectors general across the government, and senior FBI agents; the attorney general’s command that lawyers obey the president over their own understanding of the Constitution; the appointment of people such as Kash Patel and Dan Bongino, who seem to view their loyalty to the president as more compelling than their constitutional oath; the president’s declaration that he and the attorney general are the sole authoritative interpreters of federal law for the executive branch; the transformation of ordinary spending responsibilities into discretionary tools to punish partisan foes; the stripping of security clearances from perceived enemies and opponents; the threat of criminal prosecutions for speech deemed unfavorable by the president; and the verbal attacks on judges for enforcing the law.