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Expert Breaks Down How Trump Has Skated the Law for His MAGA Agenda in His Second Term

A foreign policy expert explains the consequences of institutions failing to check Trump as he celebrates one year in office.

The first year of President Donald Trump’s second term wrapped up the week of Jan. 18 with his continued threats to annex Greenland, more anti-ICE protests in Minneapolis and underlining concerns that the president has gotten away with more than he should’ve in one year.

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Since stepping back into office, his critics consistently throw allegations that Trump is breaking the law and disregarding the U.S. Constitution. Sure, leaders have taken him to court issues like gutting key federal agencies and the illegal deportations of Kilmar Ábrego García and a college freshman. But the Trump administration has largely skated accountability when it comes down to his most controversial policies.

And both Americans and our international allies are notably paying attention to it all.

Trump’s recent withdrawal from the UN Permanent Forum on People of African Descent this month sent off alarms from civil rights activists and international leaders alike. Many predicted long-lasting consequences from the retreat from the organization, which addresses the impact of colonialism and slavery on the African diaspora.

“Non-Americans are shocked at what’s happening here,” Desirée Cormier Smith, co-founder and co-president of the Alliance for Diplomacy and Justice, told The Root about the pullout. “They are disgusted. They are disappointed, and they are — I think — confused as to how after the first Trump term, people could vote for this man again.”

Compared to 2016, Trump’s latest blitz on the government, capturing a dictator in Venezuela without Congress’ approval and sending in the National Guard all skate comfortably on the line of legality. That’s why he’s been dragged to court more 200 times in the last year, according to reports from the Lawfare Institute.

“During the first Trump administration, even if those [international] partnerships or relationships were not as strong as before, they didn’t rupture in the way that we’ve seen this Trump administration be willing to rupture some key relationships over one man’s whims,” Smith continued.

The difference between Trump’s first and second terms, however, will go down as unprecedented history. While expanding the power of the executive branch, his administration has eroded many of the country’s democratic norms.

He’s bypassed Congress — the second of three branches — while also handpicking three Supreme Court justices who make up the last branch. With MAGA loyalists on his side, Trump has been able to advance his agenda in historic speed. To his supporters, the president is doing everything according to plan.

It’s a different story for those who fear his leadership, however.

Smith, who is also the former U.S. Special Representative for Racial Equity and Justice, told The Root: “It seems like the other two co-equal branches of government — the judiciary and the legislator — are not putting the appropriate checks on the executive’s power that they should be.” And it’s a story she knows too well through her international work.

“It’s really concerning, because we’ve seen this– I’ve seen this play out in other countries.” The co-founder explained when institutions fail to check an undemocratic ruler– regardless if they were elected democratically– “things can fall very quickly.”

Smith also warned that history is proof that people unsatisfied with government and the set institutions in place will start to take action for themselves. “I think that is what we see in Minnesota with peaceful protests and with protests around the country,” the expert added. “People are saying, ‘This is not what we want.’”

Straight From The Root

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