Trump has real powers — but they are the powers of the presidency. The pardon power is vast and unrestricted, and so he could pardon the Jan. 6 rioters. Federal security protection is under the discretion of the executive branch, and so he could remove it from Anthony Fauci and Mike Pompeo and John Bolton and Mark Milley and even Brian Hook, a largely unknown former State Department official under threat from Iran who donated time to Trump’s transition team. It was an act of astonishing cruelty and callousness from a man who nearly died by an assassin’s bullet — as much as anything ever has been, this, to me, was an X-ray of the smallness of Trump’s soul — but it was an act that was within his power.

But the president cannot rewrite the Constitution. Within days, the birthright citizenship order was frozen by a judge — a Reagan appointee — who told Trump’s lawyers, I have difficulty understanding how a member of the bar would state unequivocally that this is a constitutional order. It just boggles my mind.” A judge froze the spending freeze before it was even scheduled to go into effect, and shortly thereafter, the Trump administration rescinded the order, in part to avoid the court case.

Ezra Klein

February 3, 2025


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