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    First Test of Trump’s Power to Fire Officials Reaches Supreme Court

    In the first case to reach the Supreme Court arising from the blitz of actions taken in the early weeks of the new administration, lawyers for President Trump asked the justices on Sunday to let him fire a government lawyer who leads a watchdog agency.The administration’s emergency application asked the court to vacate a federal trial judge’s order temporarily reinstating Hampton Dellinger, the head of the Office of Special Counsel. Mr. Dellinger leads an independent agency charged with safeguarding government whistle-blowers and enforcing certain ethics laws. The position is unrelated to special counsels appointed by the Justice Department.“This court should not allow lower courts to seize executive power by dictating to the president how long he must continue employing an agency head against his will,” the administration’s filing said.The court is expected to act in the coming days.The filing amounts to a challenge to a foundational precedent that said Congress can limit the president’s power to fire leaders of independent agencies, a critical issue as Mr. Trump seeks to reshape the federal government through summary terminations.Hampton Dellinger, the head of the Office of Special Counsel, leads an independent agency charged with safeguarding government whistle-blowers and enforcing certain ethics laws. U.S. Office of Special CounselThe statute that created the job now filled by Mr. Dellinger, who was confirmed by the Senate in 2024, provides for a five-year term and says the special counsel “may be removed by the president only for inefficiency, neglect of duty or malfeasance in office.” But a one-sentence email to Mr. Dellinger on Feb. 7 gave no reasons for terminating him, effective immediately.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    This Is What the Courts Can Do if Trump Defies Them

    Are we heading toward a full-blown constitutional crisis? For the first time in decades, the country is wrestling with this question. It was provoked by members of the Trump administration, including Russell Vought, the influential director of the Office of Management and Budget, and Stephen Miller, the deputy White House chief of staff, who have hinted or walked right up to the edge of saying outright that officials should refuse to obey a court order against certain actions of the administration. President Trump has said he would obey court orders — though on Saturday he posted on social media, “He who saves his country does not violate any law.”Some have argued that if the administration is defiant there is little the courts can do. But while the courts do not have a standing army, there are actually several escalating measures they can take to counter a defiant executive branch.The fundamental principle of the rule of law is that once the legal process, including appeals and stay applications, has reached completion, public officials must obey an order of the courts. This country’s constitutional traditions are built on, and depend upon, that understanding.A profound illustration is President Richard Nixon’s compliance with the Supreme Court decision requiring him to turn over the secret White House tape recordings he had made, even though Nixon knew that doing so would surely end his presidency.If the Trump administration ignores a court order, it would represent the start of a full-blown constitutional crisis.The courts rarely issue binding orders to the president, so these orders are not likely to be directed at President Trump personally. His executive orders and other commands are typically enforced by subordinate officials in the executive branch, and any court order — initially, it would come from the Federal District Court — would be directed at them.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Trump Suggests No Laws Are Broken if He’s ‘Saving His Country’

    President Trump on Saturday posted on social media a single sentence that appears to encapsulate his attitude as he tests the nation’s legal and constitutional boundaries in the process of upending the federal government and punishing his perceived enemies.“He who saves his Country does not violate any Law,” Mr. Trump wrote, first on his social media platform Truth Social, and then on the website X.By late afternoon, Mr. Trump had pinned the statement to the top of his Truth Social feed, making it clear it was not a passing thought but one he wanted people to absorb. The official White House account on X posted his message in the evening.The quote is a variation of one sometimes attributed to Napoleon Bonaparte, although its origin is unclear.Nonetheless, the sentiment was familiar: Mr. Trump, through his words and actions, has repeatedly suggested that surviving two assassination attempts is evidence that he has divine backing to enforce his will.He has brought a far more aggressive attitude toward his use of power to the White House in his second term than he did at the start of his first. The powers of the presidency that he returned to were bolstered by last year’s Supreme Court ruling that he is presumptively immune from prosecution for any crimes he may commit using his official powers.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Trump Muses About a Third Term, Over and Over Again

    The president’s suggestion that he would seek to stay in office beyond the constitutional limit comes as he has pushed to expand executive authority.Standing inside the Capitol for the National Prayer Breakfast on Thursday, President Trump declared his plans to resurrect an idea he had in his first term: to create a national garden filled with statues of notable Americans.The choice of who would be included would be “the president’s sole opinion,” Mr. Trump said, chuckling. And he was giving himself “a 25-year period” to make the selections.A short time later, at a breakfast at a Washington hotel, Mr. Trump flicked again at the prospect that his time in office could extend beyond two four-year terms.“They say I can’t run again; that’s the expression,” he said. “Then somebody said, I don’t think you can. Oh.”At the National Prayer Breakfast on Thursday, Mr. Trump spoke of giving himself a “25-year period” to choose statues for a national garden.Eric Lee/The New York TimesJust eight days after he won a second term, Mr. Trump — whose supporters attacked the U.S. Capitol on Jan. 6, 2021, in an effort to prevent Joseph R. Biden Jr.’s victory from being certified — mused about whether he could have a third presidential term, which is barred by the Constitution.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Trump Argues That Courts Cannot Block Musk’s Team From Treasury Systems

    Lawyers for the Trump administration argued late Sunday that a court order blocking Elon Musk’s aides from entering the Treasury Department’s payment and data systems impinged on the president’s absolute powers over the executive branch, which they argued the courts could not usurp.The filing by the administration came in response to a lawsuit filed Friday night by 19 attorneys general, led by New York’s Letitia James, who had won a temporary pause on Saturday. The lawsuit said the Trump administration’s policy of allowing appointees and “special government employees” access to these systems, which contain sensitive information such as bank details and social security numbers, was unlawful.Members of Mr. Musk’s so-called Department of Government Efficiency, which is not actually a department, have been combing through the databases to find expenditures to cut. The lawsuit says the initiative challenges the Constitution’s separation of powers, under which Congress determines government spending.A U.S. district judge in Manhattan, Paul A. Engelmayer, on Saturday ordered any such officials who had been granted access to the systems since Jan. 20 to “destroy any and all copies of material downloaded from the Treasury Department’s records and systems.”Judge Engelmayer said in an emergency order that the officials’ access heightened the risk of leaks and of the systems becoming more vulnerable than before to hacking. He set a hearing in the case for Friday.Federal lawyers defending Mr. Trump — as well as the Treasury secretary, Scott Bessent, and the Treasury Department — called the order “markedly overboard” and said the court should dismiss the injunction, or at least modify his order.They argued that the order violated the Constitution by ignoring the separation of powers and severing the executive branch’s right to appoint its own employees. The restriction, they wrote, “draws an impermissible and anti-constitutional distinction” between civil servants and political appointees working in the Treasury Department.The filing followed warning shots over the weekend. Vice President JD Vance declared that the courts and judges aren’t allowed “to control the executive’s legitimate power,” although American courts have long engaged in the practice of judicial review.On Saturday, Mr. Trump called the ruling by Judge Engelmayer a “disgrace” and said that “No judge should, frankly, be allowed to make that kind of a decision.”This is a developing story and will be updated. More

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    Now Is Not the Time to Tune Out

    Don’t get distracted. Don’t get overwhelmed. Don’t get paralyzed and pulled into the chaos that President Trump and his allies are purposely creating with the volume and speed of executive orders; the effort to dismantle the federal government; the performative attacks on immigrants, transgender people and the very concept of diversity itself; the demands that other countries accept Americans as their new overlords; and the dizzying sense that the White House could do or say anything at any moment. All of this is intended to keep the country on its back heel so President Trump can blaze ahead in his drive for maximum executive power, so no one can stop the audacious, ill-conceived and frequently illegal agenda being advanced by his administration. For goodness sake, don’t tune out.The actions of this presidency need to be tracked, and when they cross moral or legal lines, they need to be challenged, boldly and thoughtfully, with the confidence that the nation’s system of checks and balances will prove up to the task. There are reasons for concern on that front, of course. The Republican-led Congress has so far abdicated its role as a coequal branch of government, from allowing its laws and spending directives to be systematically cast aside to fearfully assenting to the president stocking his cabinet with erratic, unqualified loyalists. Much of civil society — from the business community, to higher education, to parts of the corporate media — has been disturbingly quiet, even acquiescent.But there are encouraging signs as well. The courts, the most important check on a president who aims to expand his legally authorized powers and remove any guardrails, so far have held, blocking a number of Mr. Trump’s initiatives. States have also taken action, with several Democratic attorneys general suing over Mr. Trump’s attempts to freeze federal grant funding and end birthright citizenship and vowing to fight Elon Musk’s team’s access to federal payment systems containing personal information. State or local officials are also defending their laws in the face of federal immigration raids and fighting Mr. Trump’s executive order barring gender-affirming medical care for transgender children. And independent-minded journalism organizations have continued excellent reporting on the fire hose of excesses of these early days, bringing essential information to the public.None of this is to say that Mr. Trump shouldn’t have the opportunity to govern. Seventy-seven million Americans cast ballots to put Mr. Trump back in the White House, and the Republican Party, now fully remade in service of the MAGA movement, holds majorities in both houses of Congress. Elections, it is often noted, have consequences. But is this unconstitutional overhaul of the American government — far more sweeping, haphazard and cruel than anything he campaigned on — really what those voters signed up for? To put America’s system of checks and balances, its alliances and its national security at risk? Because, beyond the bluster, that is what Mr. Trump, Mr. Musk and their supporters are doing.Three weeks into the second Trump term, here are a handful of the places where Americans can’t afford to turn away:Elon Musk’s Executive Takeover. The problem is not that Mr. Musk is unelected, it’s that he is breaking the law. Not even a full-time government employee, he is trying to unilaterally shut down or dismantle entire federal agencies and departments, ignoring congressional mandates — this is prohibited by the Constitution. He and his team are behind the announced buyout offers to millions of civil servants — including the entire C.I.A. work force — and have effectively forced out top officials whom he has no power to fire. He is on a mission to rampage through the government’s confidential payment systems with an anarchist’s glee, deciding on his own which aspects of federal spending are legitimate, and substituting his instinctual embrace of conspiracy theories for any effort to understand the government functions he’s undermining.Both the president and Mr. Musk seem to relish that most of their actions are plainly illegal, daring the courts to step in and stop them, on the theory that these laws are flawed to begin with. At the same time, you have the richest man in the world leading this effort, still holding interests in his private companies, which do billions of dollars in business with and are regulated by the federal government. It’s a level of conflict of interest unlike anything we’ve seen in the modern era.The Administration vs. Public Officials (a.k.a. Trump’s Enemies). Along with terminating more than a dozen members of the U.S. Attorneys Office in Washington who’d worked on cases involving the Jan. 6, 2021, riot, the Trump administration began collecting the names of thousands of F.B.I. personnel who helped to investigate crimes associated with the attack on the Capitol. Several top-ranking officials at the agency have already been fired. The move offered an early glimpse at how Mr. Trump and his nominee to run the F.B.I., Kash Patel — who published a literal enemies list of “Executive Branch Deep State” members — might use federal law enforcement against the president’s political opponents. In perhaps the most disturbing warning to those who might think to question or defy him, Mr. Trump stripped several of his former advisers of security protection that was deemed necessary given credible threats by the Iranian government to assassinate them for actions they took under his direct order.The President’s Imperial Bluster and Attacks on Allies. Mr. Trump has spent weeks coyly suggesting the United States is on the verge of illegally seizing territory on three continents, leaving all levels of consternation in his wake. Then there are his long-planned, seemingly legal — even if extremely ill advised — tariffs. All the threats and insults have gained Mr. Trump some short-term concessions, but none are likely to make America’s economy stronger or make America safer in the world. Running roughshod over centuries-old alliances will hurt the targeted countries, but it also could compromise national security, raise the price of goods, disrupt global commerce, benefit adversaries like China and Russia that are eager to fill the void of an increasingly distrusted America.Public Health Imperiled. Robert F. Kennedy Jr., a vocal vaccine skeptic, has not been confirmed as Mr. Trump’s health and human services secretary yet. But the administration is already taking steps to weaken and wreck public and global health protections. On Thursday, The Times reported that the administration plans to reduce the staff of more than 10,000 Americans at the U.S. Agency for International Development to only about 300 people, and cancel nearly 800 awards and contracts the agency administered. The president — much less Mr. Musk — cannot shut down a federal agency without a vote by Congress. To do so is also illegal under the Constitution. More than half of U.S.A.I.D.’s spending in 2023 went to health programs intended to stop the spread of diseases, such as polio, Ebola, tuberculosis, H.I.V./AIDS and malaria or to humanitarian assistance to respond to emergencies and help stabilize war-torn regions. If you care about preventing the next pandemic or the pressures of global migration, U.S.A.I.D. is an investment you should want the United States to make.The President’s Anti-Civil Rights Blitz. Mr. Trump has issued a flurry of executive orders and pronouncements that set back decades of progress on civil rights and often openly defy the Constitution. He has especially targeted transgender Americans and has threatened federal funding for public schools that do not adhere to right-wing ideology about how history and race should be discussed. He has also found nearly daily excuses to rail against diversity, equity and inclusion policies, even blaming D.E.I. for the Jan. 29 air crash in Washington and strongly implying that any air traffic controller who is a woman or not white is inferior and has been given a job for the wrong reasons. And the new attorney general, Pam Bondi, announced on Wednesday that private companies that choose to maintain their own diversity and inclusion policies could be targeted for “criminal investigations.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    White House Forces Showdown Over Congress’s Power of the Purse

    The confirmation of Russell T. Vought to lead the powerful White House budget office is likely to escalate the funding fights roiling Washington and the nation.Susan Collins was a Senate intern in 1974 when Congress, in response to President Richard M. Nixon’s refusal to spend on projects he opposed, passed a sweeping budget law to bar presidents from overriding lawmakers when it came to doling out dollars.The resulting law, the Congressional Budget and Impoundment Control Act, is “very clear, and it re-emphasizes the power of the purse that Congress has under the Constitution,” Ms. Collins, now a 72-year-old Republican senator from Maine and the chairwoman of the Appropriations Committee, said in an interview this week.She and her fellow appropriators in both parties will have a fight on their hands if they hope to retain supremacy in federal spending. The question of who has the final word is emerging as a central point of contention between members of Congress and the White House, a clash that is likely to escalate after the confirmation on Thursday of Russell T. Vought as the director of President Trump’s Office of Management and Budget.Mr. Vought has flatly declared that he — and Mr. Trump — consider the budget act to be unconstitutional. They contend that the White House can choose what gets money and what doesn’t even if it conflicts with specific directions from Congress through appropriations measures signed into law. Others on Capitol Hill, including some Republicans, vehemently dispute that idea.The disagreement is spurring the uproar over Mr. Trump’s move to suspend trillions of dollars in federal spending while the executive branch reviews it to determine whether it complies with the his newly issued policy dictates, as well as the president’s efforts to gut the United States Agency for International Development.Senators Tim Kaine and Mark Warner, Democrats of Virginia, at a rally in support of U.S.A.I.D. at the Capitol on Wednesday. Haiyun Jiang for The New York TimesWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Trump Picks Russell Vought, Key Figure in Project 2025, to Lead OMB

    President-elect Donald J. Trump on Friday picked a key figure in Project 2025 to lead the Office of Management and Budget, elevating a longtime ally who has spent the last four years making plans to rework the American government to enhance presidential power.The would-be nominee, Russell T. Vought, would oversee the White House budget and help determine whether federal agencies comport with the president’s policies. The role requires Senate confirmation unless Mr. Trump is able to make recess appointments.The choice of Mr. Vought would bring in a strongly ideological figure who played a pivotal role in Mr. Trump’s first term, when he also served as budget chief. Among other things, Mr. Vought helped come up with the idea of having Mr. Trump use emergency power to circumvent Congress’s decision about how much to spend on a border wall.Mr. Vought was a leading figure in Project 2025, the effort by conservative organizations to build a governing blueprint for Mr. Trump should he take office once again. Mr. Trump tried to distance himself from the effort during his campaign, but he has put forward people with ties to the project for his administration since the election.Mr. Vought’s role in Project 2025 was to oversee executive orders and other unilateral actions that Mr. Trump could take during his first six months in office, with the goal of tearing down and rebuilding executive branch institutions in a way that would enhance presidential power.In an interview with The New York Times in 2023, Mr. Vought laid out an agenda of eliminating the independence of certain regulatory agencies that operate outside the direct control of the White House, such as the Federal Communications Commission and the Securities and Exchange Commission.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More