Concerns Mount over Trump’s Presidential Powers
Washington – The return of President Donald Trump to the White House has created significant unease among many individuals who view him as an adversary. These individuals are particularly apprehensive about how Trump might leverage his presidential authority to disrupt their personal and professional lives.
The White House possesses various mechanisms to reward allies or penalize opponents, raising concerns about the traditional expectation of impartiality within federal agencies. Legal challenges to potential abuses of power may take years to resolve, leaving those targeted with little reassurance in the meantime.
Several fears have emerged regarding the potential actions Trump could take against his rivals:
One major concern is the possibility of initiating criminal investigations. A president has the legal capacity to instruct the Justice Department to investigate or prosecute individuals, which can have devastating effects on a person’s life and financial standing, regardless of the outcome. Although there is a general practice that discourages presidential interference in the Justice Department’s operations, this is not a binding rule. Trump has publicly expressed his belief that he has “every right” to pursue action against his political rivals.
Another area of concern involves the potential placement of individuals on no-fly lists. The authority of a president peaks when invoking matters of national security, and such lists can either prevent air travel altogether or impose additional scrutiny on certain travelers. Although there have been challenges to inclusion on these lists, courts have typically given significant leeway to government claims of national security.
Additionally, there are millions of Americans who rely on trusted traveler programs like Global Entry or TSA PreCheck for smoother travel experiences. It remains uncertain whether a president could revoke the privileges of political opponents, as this scenario has never been legally tested.
The cancellation of passports is another troubling possibility. Issued by the State Department, passports are essential for international travel, and there are circumstances under which they can be revoked. If a president arbitrarily canceled the passport of a political opponent, it would inevitably lead to extensive legal battles, although initial disruptions would take place immediately.
Security clearances are yet another area of concern. More than four million Americans hold these clearances, which are critical for their employment in various sectors. These clearances are often granted at the discretion of the executive branch, and Trump has previously revoked the clearances of several former officials.
Trump’s opponents also fear that he may hinder the publication of critical writings. Current and former holders of security clearances must submit any written works for government review before publication to ensure they do not inadvertently reveal classified information. A president seeking revenge could potentially delay or dispute the publication of memoirs and other works, as was the case when John Bolton, the former national security adviser, faced significant pushback while attempting to release his memoir in 2020.
Another concern is the potential for revoking necessary licenses and permits for businesses. A wide array of sectors requiring federal permits could be impacted, including imports and exports, commercial fishing, mining, and media broadcasting. Critics are worried that a president could manipulate this process to favor allies while targeting detractors.
The regulatory framework is also viewed with apprehension, as independent regulatory agencies are responsible for conducting investigations into a range of issues, including financial fraud and consumer protection. Trump’s nominees have indicated a desire for greater control over these agencies, raising fears that the independence of these bodies could be compromised.
Moreover, there are worries about the possible initiation of IRS audits. Though it is illegal for political figures, including the president, to weaponize the IRS, the Supreme Court has ruled that presidents enjoy a broad degree of immunity for official actions. The legal ramifications of this immunity, particularly concerning IRS actions, remain largely undefined.
Lastly, the federal government, being the largest buyer of goods and services globally, raises concerns about the potential influence a president could have on the contracting process. Although federal procurement is intended to follow established merit-based principles, recent rulings on presidential immunity have brought questions regarding the extent to which a president might direct contract awards. This raises significant concerns, especially given allegations that Trump sought to direct a Pentagon contract toward a competitor amid his grievances with media coverage.
In light of these potential actions, the dynamics between a powerful presidency and the rights of individuals could face a significant and potentially unsettling transformation in the current political climate.
