Tuesday, June 24, 2025

POTENTIAL RESULTS AND CONSEQUENCES OF US AIRSTRIKES ON IRAN

President Donald Trump’s unilateral preemptive strikes—codenamed Midnight Hammer—on Iran’s nuclear facilities this past weekend have been met with both praise and criticism, but by far more of the latter. Polling in the aftermath of the strikes, which made use of weapons never before deployed on the battlefield, demonstrates that a sound majority of Americans disapprove of Trump’s handling of the action against Iran.

Along party lines, and as per usual, Republicans and Democrats are pretty evenly divided between yays and nays at about eighty-odd percent of Republicans “for”, and eighty-odd percent of Democrats against. But where the rubber meets the road is in the middle of majority sentiments. Independents smash the two-party tie with a full sixty percent opposed. In total, fifty-six percent of Americans apparently disapprove of Trump’s actions. Worse still for the MAGA camp, only thirty-eight percent of Independents trust Trump to make appropriate decisions in dealing with Iran in the future.

That said, there are both clearly plausible logic and firmly based facts on either side of the argument. The first, in favor of Trump’s clearly uncounseled action, is that nobody with any sense wants to see Iran, under its current leadership, get its hands on nuclear weapons. It is a radical theocracy known as the world’s greatest supporter and exponent of international terrorism. At the core of its radicalism is the idea that “infidels” are free game and that Western democracy is an axis of evil that should be destroyed.

In that sense, there is a great deal of logic in taking steps to dismantle and/or destroy the current Iranian regime’s nuclear capabilities. But before we cheer for President Trump, it is worth pointing out that diplomacy had already gone a long way toward not only curtailing the advancement of Iran toward becoming a nuclear threat, but also toward becoming a less hostile and more integrated member of the concert of nations. President Barack Obama and America’s Western allies successfully negotiated a nuclear deal with Iran that went a long way toward ensuring that it became trustworthy in terms of making only peaceful use of its nuclear capabilities.

With one fell swoop of his Sharpie, Trump, in 2018, arbitrarily trashed the aptly named Joint Comprehensive Plan of Action (JCPOA)—e.g., the Iran nuclear deal— in a reckless move that not only left US allies stunned and confounded, but that also caused Iran to immediately go back on the promises it made in that accord and to start intensifying, even more than before, its development of a path to nuclear weaponry. In other words, it is largely the fault of Trump’s actions during his first term in office that we have reached this juncture with Iran in the first place. This is typical of Trump’s ham-handed approach to diplomacy, such as it is, which relies more on threats, insults, bullying and humiliation than it does negotiation and compromise. This seems ironic, since Trump has long considered himself a consummate negotiator and deal-maker. Truth be told, at least in his governance techniques, there is precious little evidence of this alleged skill.

But putting that aside, there are factual reasons on  which supporters of last weekend’s airstrike can hang their argument. Some of these include the following:

Ø Experts seem to agree that the airstrikes have substantially delayed—though not definitively detained—Iranian nuclear development. It is worthwhile noting that Iran’s original efforts toward obtaining a military nuclear device were largely in response to Israel’s nuclear arms development, which extensively predates Iran’s program. Israel began nuclear weapons development already in the 1950s, shortly after becoming a country, and it is thought to have had a deliverable nuclear device already in 1966 or 1967, while Iran still does not have a nuclear arsenal.

Ø  For better or for worse, Trump’s move, in concert with the bombing raids already being carried out by Israel, sends an unequivocal message that the current US administration is willing to use military force in order to curtail nuclear arms proliferation, be it Iran or any other nation entertaining the idea of becoming a nuclear power—something very likely making other bad actors like North Korea sit up and take notice.

Ø The preemptive move against Iran’s nuclear arms program could strengthen US ties with allies like Israel, Saudi Arabia and the Gulf States that have been watching Iran’s nuclear development with understandable concern. None of them wants a nuclear-armed Iran.

Ø The at least temporary destruction of its nuclear arms program is bound to limit Iran’s regional influence and to undermine its leverage in any future diplomatic negotiations.

Ø The airstrikes may have a broader effect on Iran’s military-industrial capabilities as a whole, making it less of an aggressive, belligerent presence throughout the region.

Ø Principally, the strikes will undoubtedly put hobbles on Iran’s ability to produce weapons-grade fissile materials. Those strikes have thus achieved the non-proliferation goals of the US, at least in the short term. According to David Albright, a former UN weapons inspector, whether the mission was a complete success in wiping out Iran’s ability to reach its nuclear arms goals is debatable. But its facilities sustained at least very significant damage. Albright calculates that if indeed Iran manages somehow to recover from the strikes, it will take it “at least a year or two” to retool and reinitiate its nuclear arms development.

But while all of that may be well and good seen from the viewpoint of hawks, who always tend to prefer might over diplomacy, there are other very real and very negative factors to be taken into account. These include the following:

Ø As Albright indicates, backed up by prior US intelligence community assessments and reports, the airstrikes will, in all likelihood, only manage to delay, not halt, Iran’s advancement toward its nuclear arms goals. This is especially true considering that intelligence reports suggest that the Iranian government managed to load up at least part of its already substantially enriched uranium supplies and to move them to an unknown location. That means that if Iran can manage to quickly rebuild its nuclear infrastructure, in some more secretive or hardened location, it could continue the enrichment process from an already advanced stage. It could, therefore, have a nuclear device within a relatively short time span. And the US bombings, in support of Israel, with weapons never before used in war, could give the Iranian regime a very real incentive to do so.

Ø The unprecedently aggressive move by the Trump administration provides Iran with the incentive to further deepen its ties with,  and to seek the cooperation of other potential US enemies. The two that stand out, while not the only ones, are North Korea and Russia. Iran and North Korea maintain strategic ties, characterized by a history of cooperation in areas like arms deals and missile technology, and they are united by a shared opposition to US influence in their regions and the world. The US has designated both nations to be sponsors of international terrorism, a fact that aligns them philosophically and materially against US foreign policies. Russia, meanwhile, is indebted to both the Iranian and North Korean regimes. Both have provided substantial military aid to Vladimir Putin in his war of aggression on Ukraine, and, in the case of Iran, in its other war of aggression against the people of Syria, and in favor of the bloody regime of former pro-Russian dictator Bashar al-Assad that oppressed them. Russia and North Korea are both technically and politically capable of providing Iran with help in reaching its aggressive nuclear goals sooner rather than later.

Ø Finally, there is the inherent threat of direct Iranian retaliation. Indeed, Iran has made it clear that it plans to take revenge. Considering that the current Iranian regime is one of the world’s most dangerous purveyors of anti-American and anti-Western terrorism, since the bombings the US has potentially become a considerably more dangerous place, as has international travel and residence for Americans in certain parts of the world. Furthermore, US military and embassy personnel in the region surrounding Iran and within reach of its missiles and drones have been placed at considerably higher risk than before the airstrikes were carried out. There is also greater incentive for Iran to heighten its backing for international terror groups such as Hezbollah and Hamas. All of these things create more fertile terrain for expanding instability in the Middle East, and for the eventual need for US boots on the ground. Trump’s aggressive action has singlehandedly created those conditions, despite the fact that Americans as a whole, and even a core of MAGA Republicans have no appetite for another protracted war in the Middle East. There is also concern that any retaliatory action by Iran to hamper shipping in the Strat of Hormuz could send oil (and thus fuel) prices skyrocketing, a factor which would have a significantly negative effect on both the US and global economies.

Beyond all of these considerations, there are domestic and, as usual under Trump’s governance, constitutional issues that are of no small concern. Trump has once again placed at risk the system of checks and balances that protects and upholds US representative democracy.  To begin with, under the US Constitution (Article I, Section 8), only Congress has the power to declare war. Unilateral military action without congressional approval circumvents this constitutional check.

Trump’s move also is in apparent violation of the 1973 War Powers Resolution. Although this piece of legislation provides presidents with a sixty-day window in which to take limited military actions without congressional intervention, that authorization is necessarily subject to prior notification of Congress at least forty-eight hours in advance of any such action.

Trump apparently provided an informal heads-up to legislators from his own party—a message that at least one Republican described as “cryptic”—but failed to give any notification at all to Democratic members of Congress. Under these conditions, last weekend’s preemptive strikes were in apparent violation of this legal constraint intended to maintain the balance of power between co-equal branches of government.

The unilateral and un-consulted way in which the president ordered the strikes has further advanced Trump’s attack on co-equal governance and bolstered his campaign to vastly expand authoritarian executive power, by effectively weakening Congress’s constitutional ability to oversee executive actions and its influence on foreign policy and the employment of the country’s armed forces.

His action has also undermined principles of co-governance with the third branch of government by completely bypassing judicial review. If the courts are unable—or unwilling, due to pressure from a Department of Justice that, under Trump, has lost all independence—to review such actions because of executive invocation of the so-called “political question” doctrine or of “national security privilege”, this then limits the judiciary’s role in checking unconstitutional or otherwise illegal uses of force.

In short, conducting such military strikes without full transparency or consultation reduces interbranch deliberation and public accountability, while centralizing all authority in the executive. This is behavior typical of authoritarian regimes and has no place in US representative democracy.

All things considered, we are witnessing a disproportionate shift of power to the Executive Branch, one that significantly weakens the Constitution’s intended purpose of creating a system of inviolable checks and balances. Unfortunately, by handing the president congressional and judicial powers on a silver platter, the Republican majority in Congress is complicit in the relative success that Donald Trump is having in his bid to turn the US into an oligarchic authoritarian regime.

 

Sunday, June 22, 2025

THE CALIFORNIA COUP DE E’TAT

 



A couple of weeks back (June 9), I posted my assessment of Donald Trump’s intensifying assault on democracy: “Make no mistake. Troops occupying LA uninvited isn't a preventive measure. It's an authoritarian invasion for political ends.”

Shortly afterward, a statement by General James Mattis, from June 2020, during the George Floyd riots in Minnesota went viral. Although the general’s concise essay on freedom wasn’t new, it could not have been more apropos of the current Trump administration’s  intervention  in California, and, in general, ICE raids and deportations without due process of people who have lived, worked and raised families in the US for decades. The 2020 essay is entitled, In Union There Is Strength.

You’ll recall that Mattis was Trump’s Secretary of Defense from 2017 to 2019 (before he’d had enough and withdrew). He previously commanded troops in the Gulf War, in Afghanistan and in Iraq.

In his statement, General Mattis says, in part: The words “Equal Justice Under Law” are carved in the pediment of the United States Supreme Court. This is precisely what protesters are rightly demanding. It is a wholesome and unifying demand—one that all of us should be able to get behind. We must not be distracted by a small number of lawbreakers. The protests are defined by tens of thousands of people of conscience who are insisting that we live up to our values—our values as people and our values as a nation.

When I joined the military, some 50 years ago, I swore an oath to support and defend the Constitution. Never did I dream that troops taking that same oath would be ordered under any circumstance to violate the Constitutional rights of their fellow citizens—much less to provide a bizarre photo op for the elected commander-in-chief, with military leadership standing alongside.

It was a bold statement then, and remains so now. One that, having served in the Army for three years, also a half-century ago, and having sworn that same oath as Mattis, I celebrated, and was filled with gratitude, since today, it seems, that vow, sworn to as well by the president, cabinet, and all members of Congress, is being taken lightly, almost anecdotally. And as a result, we are losing the battle to maintain democracy. Not since the Civil War has there been such a direct and urgent threat to democracy and to the nation’s founding principles.

The obvious overkill that marked Trump’s deployment of troops in California was a clear message of intimidation, not just for the state’s governor, but for every governor in the Union. The message was, cross me, and I’ll take over your state.

Truthout, an online independent medium that reports the news from a left-leaning viewpoint, but which is highly respected among the independent media for its factual accuracy and uncommon investigations, made clear just how overblown Trump’s federal action was. According to Truthout: “President Donald Trump’s latest deployment of thousands of National Guard troops and Marines to Los Angeles means that there are now more troops carrying out Trump’s anti-protest crackdown in southern California than in both Iraq and Syria…

“Trump has dispatched roughly 4,000 National Guard members and 700 Marines to respond to L.A.’s protests of his immigration raids, for a total of roughly 4,700 troops. Meanwhile, according to publicly reported Pentagon figures, the US has roughly 2,000 troops deployed in Syria and 2,500 troops in Iraq, for a total of 4,500.”

General Mattis continues: We must reject any thinking of our cities as a “battlespace” that our uniformed military is called upon to “dominate.” At home, we should use our military only when requested to do so, on very rare occasions, by state governors. Militarizing our response…sets up a conflict—a false conflict—between the military and civilian society. It erodes the moral ground that ensures a trusted bond between men and women in uniform and the society they are sworn to protect, and of which they themselves are a part. Keeping public order rests with civilian state and local leaders who best understand their communities and are answerable to them.

James Madison wrote in Federalist 14 that “America united with a handful of troops, or without a single soldier, exhibits a more forbidding posture to foreign ambition than America disunited, with a hundred thousand veterans ready for combat.” We do not need to militarize our response to protests. We need to unite around a common purpose. And it starts by guaranteeing that all of us are equal before the law.

Yes, equality before the law, and the rule of law in general, founding principles of representative democracy, something Donald Trump knows nothing about, and cares about even less. His contempt for the rule of law was already on full display during his first term (2017-2020), when Mattis wrote his essay on freedom and democracy, after leaving the Trump administration. That disregard for the law and the right of Americans to freely choose their leaders was capped during the final two weeks of Trump’s first term in office, when, on January Sixth, 2021, he fostered a populist insurrection that briefly, violently and dramatically held Congress hostage in an effort to use death threats and physical force as a means of overturning the results of an election that he legitimately lost.

While vilifying protesters in California and elsewhere, the president’s supporters seem to forget that this is the same Donald Trump who, in one of his first actions as president, gave a blanket pardon to the fifteen hundred MAGA supporters convicted of crimes perpetrated during the January Sixth Insurrection in which millions of dollars in damage was done to the Capitol and in which one hundred forty police officers were attacked and injured and one died.

 The difference? The insurrectionists backed Trump in his authoritarian designs. Today’s protesters do not.

While that was the most stunning example of blatant authoritarianism by an American president in the history of the United States, it was, as it turns out, only the beginning. In the second term that he has been handed—shamefully, for the GOP, considering the thirty-four felony convictions handed down against him, and the multiple indictments for high crimes and misdemeanors that he was facing in the run-up to the 2024 election—his disdain for the Constitution and the rule of law in general is now on steroids.

Since taking office for the second time, six months ago, Trump has brazenly violated major tenets of federal law no fewer than nine times.

His unilaterally federalizing of the California National Guard as a repression force, in flagrant disregard for the express demands to the contrary of that state’s governor, and in violation of the Tenth Amendment of the US Constitution, is just the latest, if clearly the gravest to date, a fact confirmed by California District Senior Federal Judge Charles Breyer.

In a subsequent appeal to the 9th District Court of Appeals, a three-judge panel—two appointed by the first Trump administration and the third by former President Joe Biden—Trump won temporary continued control of the California National Guard. Trump celebrated this as a full-blown victory, but the decision was handed down along with a number of caveats. First, that control was indeed temporary, while Governor Gavin Newsom’s legal action against the Trump administration continues to play out. Second, it gives Trump no power to take over law enforcement in the state. The troops he mobilizes can only be used to protect federal agents and federal property. Third, it contradicted the Trump Justice Department’s claim that, once the president decided that an emergency merited the intervention of troops, no court or governor can review that decision. The Court of Appeals rejected that argument out of hand.

Furthermore, of the three conditions set out under the law in which a president can federalize a state’s National Guard, Trump’s decision in California objectively only met one: arguably, the idea that a situation is created in which the US government is unable to execute the country’s laws using regular forces. In short, a few violent protesters, out of a generally peaceful protest, who clashed physically with ICE agents gave Trump the excuse he needed to intervene. The other two factors—rebellion, or danger of a rebellion against the federal government—simply didn’t exist.

The appeals court said that the one plausible condition had “probably been met,” because protesters hurled items at immigration authorities' vehicles, used trash dumpsters as battering rams, threw Molotov cocktails and vandalized property, “frustrating law enforcement,” meaning the continuing ICE raids.

According to Gov. Newsom, troops were deployed
in LA without adequate food and water provisions
and with no arrangements for their comfort.
Even though the Appeals decision to let Trump temporarily maintain control of the California National Guard was a much less smashing victory than Trump has tried to make out, it has indeed rewarded Trump once again for his authoritarian behavior. And, the fear of every freedom-loving supporter of democracy should be that he will take it as a litmus test for future authoritarian actions. In other words, having gotten away with it in one state and city, it will make it all the easier in the future for him to use federal troops to intimidate and undermine the authority of state governors, mayors and officials, especially considering that pushing the envelope and blurring the lines between lawful and unlawful are signature traits of the Trump regime.
 

Other Trump violations of the Constitution and/or Federal Law include:

·        An attempt to restrict Americans’ Fourteenth Amendment guarantee of birthright citizenship. On January 20th, Trump issued an executive order—one of one hundred sixty-two he has signed in the less that six months since he returned to office—in which he pretended to wipe out this constitutional right with the stroke of a Sharpie. Four federal judges immediately blocked execution of the authoritarian decree, citing it as a direct violation of the Constitution.

 

·        Trump had his Office of Management and Budget issue an official directive immediately freezing federal spending on grants. This was a heavy-handed violation of the Appropriations Clause under federal law, since funds appropriated for grants are under the authority of Congress, not the president. As a result, nearly half the states in the Union sued the administration over the move, and a Rhode Island federal judge blocked execution of the directive—almost before the Sharpie ink dried.

 

·        Trump again violated the powers of the co-equal Legislative Branch when he unilaterally sacked seventeen inspectors general. It should be noted that the job of inspectors general, as the name indicates, is to oversee government operations and ensure that they are above board and corruption-free—making them an apparent thorn in the side to the Trump-Musk billionaire team. This was a flagrant violation of the Inspector General Act, and of the so-called Take-Care clause under federal law.

 

·        He further violated federal law, under the Equal Protection and Administrative Procedure statutes when he issued a brace of orders both banning transgender individuals from serving in  the Armed Forces, and withdrawing federal support for gender-affirming care. Multiple courts handed down immediate injunctions, citing constitutional rights issues.

 

·        Clearly no friend of First Amendment rights (unless they’re his own) in May, Trump signed an order (EO14290) to withdraw Corporation for Public Broadcasting funding, which mainly supports National Public Radio (NPR) and the Public Broadcasting Service (PBS), two stellar outlets for accurate information and cultural dissemination in the US today.

They are also two of the most professional, accurate and objective sources of news and commentary in the United States. The Trump administration views that accuracy and objectivity as a “lack of loyalty” to the head of state. If Trump can’t turn them into a propaganda tool for MAGA, he prefers to gut them.

The administration has also gutted Voice of America. VOA was founded during World War II as an international tool to unmask Nazi propaganda. Throughout the Cold War and beyond, VOA has become one of the most important international sources of objective news and information available to people in countries where the local media are censored and where disinformation is rife. The Trump administration apparently feels VOA’s important mission is trivial when it comes to clawing back funds to help make up for billionaire tax breaks. 

·         Use of the Alien Enemies Act for Mass Deportations, in violation of the constitutional tenets of Due Process and the Separation of Powers. In March2025, the administration erroneously employed the 1798 Alien Enemies Act to expel alleged gang-affiliated individuals, including Venezuelansnot a declared enemy nation, which that legislation addresses. A federal judge issued a restraining order citing constitutional concerns, but the ultra-conservative Supreme Court once again gave Trump a pass and temporarily allowed the policy.

 

·         In an outgrowth of Trump’s anti-immigration challenge to due process and the rule of law, his administration further disregarded the principle of judicial supremacy, by defying court orders in the Kilmar Abrego Garcia Case, in which a man who was apparently not related to gang activity—something that only could have been determined through appropriate due process—was picked up in an ICE sweep and directly deported, with no legal recourse, to one of the world’s most notorious foreign prisons. In April 2025, courts ordered the return of Maryland resident Kilmar AbregoGarcia, who, it was determined, had been wrongly deported. Trump’s DOJ team ignored the order, prompting legal experts to flag this omission as a direct challenge to judicial authority, establishing a constitutional crisis.

 

·         Misappropriation of executive power to retaliate against law firms and media outlets for not toeing the administration’s line, in direct violation of their First Amendment rights.

The courts eventually blocked the retaliatory actions of the Executive Branch, which targeted the law firms Jenner &Block, and WilmerHale, as well as several media outlets including the Associated Press, stating that the arbitrary retaliation violated their constitutional rights.

 

In the specific case of the Trump administration’s heavy-handed intervention in California, MAGA Republicans—who, it has become apparent, are willing to toss the Constitution and the nation’s laws out the window in bending over backwards to justify any outrage that Trump perpetrates—have sought to excuse Trump’s dispatching of US troops to intimidate state authorities by citing President Lyndon Johnson’s use of federal troops to respond to state-sponsored racial segregation in Alabama under Governor George Wallace.

If there was ever a case of comparing apples to oranges, this is it. That was not a case of rival policies, or even of rival parties, since Wallace, like Johnson, was a Southern Democrat. It was, rather, the case of a governor who was willfully and flagrantly violating federal law, and doing so at the service of racial discrimination that directly violated his black citizens’ constitutional rights.

Alabama’s Governor George Wallace faces General Henry Graham in Tuscaloosa on June 12, 1963, at the University of Alabama.  Federal troops under General Graham intervened after Wallace blocked the enrollment of two black students, Vivian Malone and James Hood. Despite an order of the federal court, Governor George Wallace appointed himself the temporary University registrar and stood in the doorway of the administration building to prevent the students from entering.
-Getty Images-




Wallace’s stubborn refusal to embrace and materially support the principle of racial desegregation as espoused by the Civil Rights Act and other federal legislation led to Johnson’s decision to send Federal Marshals, and to mobilize federal troops in order to ensure that the rule of law prevailed in the face of Wallace’s flagrant lawlessness.

Make no mistake, Trump's intervention in California has nothing to do with riot control and everything to do with taking over power. It is, as I posited earlier, a litmus test to see if anyone makes a serious effort to stop him, as a prelude, in my opinion, to the possibility of declaring martial law and taking over power entirely. This last seems clear to me from the fact that the Trump administration is doing everything it possibly can to further inflame situations in the cities where he is seeking to take federal control, instead of helping de-escalate them.

Just to be clear, when Trump, during his first campaign for president, said that he could “shoot somebody on Fifth Avenue and not lose a vote,” this is what he meant. And it is only possible because the GOP has been corrupted, and has lost its way. Trump Republicans will justify everything he does, given that, for them, Constitution is "just a word" and the oath they took to it means about as much as their consistently broken promises and duplicitous discourse.

To again (and in conclusion) quote General Mattis’s 2020 essay:

Instructions given by the military departments to our troops before the Normandy invasion reminded soldiers that “The Nazi slogan for destroying us…was ‘Divide and Conquer.’ Our American answer is ‘In Union there is Strength.’” We must summon that unity to surmount this crisis—confident that we are better than our politics.

Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead he tries to divide us…

We can unite without him, drawing on the strengths inherent in our civil society. This will not be easy, as the past few days have shown, but we owe it to our fellow citizens; to past generations that bled to defend our promise; and to our children.

We can come through this trying time stronger, and with a renewed sense of purpose and respect for one another. The pandemic has shown us that it is not only our troops who are willing to offer the ultimate sacrifice for the safety of the community. Americans in hospitals, grocery stores, post offices, and elsewhere have put their lives on the line in order to serve their fellow citizens and their country. We know that we are better than the abuse of executive authority that we witnessed in Lafayette Square. We must reject and hold accountable those in office who would make a mockery of our Constitution. At the same time, we must remember Lincoln’s “better angels,” and listen to them, as we work to unite.

Only by adopting a new path—which means, in truth, returning to the original path of our founding ideals—will we again be a country admired and respected at home and abroad.