Trump's coup d'état: A Framework of Inquiry (REPRISE from June 6, 2020), with commentary on where we sre today
Preliminary Draft
Note to readers from February 4, 2025, on republication of the original column of June 6, 2020.
Today we reprise (republish) a column from June 6, 2020 originally published in The Trenchant Observer blog, before it was hacked. It is also reproduced in The Rape of American Democracy: Republican Actions and Democratic Failures, 2016-2021 (2024), Chapter 55 at pp. 198-201. The chapter may be directly accessed on the Kindle edition which is available on Amazon.
Keen observers will note that a coup d’état is currently underway in the United States. This is what is known in Latin America and other parts as a “self-coup” or an “auto-coup”, that is, an unconstitutional seizure of power by the leaders of an elected government.
We face a situation that is similar in many ways to the state of affairs that would have existed if Donald Trump’s attempted coup on January 6, 2021 had been successful.
A major difference is the fact that Trump and his co-conspirators are much better prepared this time. They have a hgihly developed plan for taking over the government in violation of the Constitution and the laws, and are executing it with stuunnig speed.
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Original Article with Comments in bold
Trump's coup d'état: A Framework of Inquiry
Elements of a Successful Coup d'état
To succeed, you have to control or "dominate":
1. Guns
a.Interference in Military Chain of Command
See Jon Bateman, "The Guardrails Are Off the U.S. Military; It’s no longer guaranteed that the Pentagon will resist unlawful orders from the president;And the rot is deeper than you think," Politico, June 6, 2020 (07:00 AM EDT).
Jon Bateman is a fellow at the Carnegie Endowment for International Peace. He previously was special assistant to then-Chairman of the Joint Chiefs of Staff Gen. Joseph Dunford.
Comment:
Trump has replaced the civilian leadership at the Pentagon with Paul Hegseth and other lackeys. He has replaced the Joint Chiefs of Staff,
Trump, by federalizing California National Guard and sending them into Los Angeles over the objection of Governor Gavin Newsom, is testing how far he can violate the Posse Comitatus Act which bans the use of the military in the United States—except in extreme circumstances which do not exist here, e.g., insurrection. He is also sending 700 U.S. marines to California under an extremely dubious assertion of authority under Article IIof the Constitution, to test the limits of what he can get away with, and as a rehearsal of a key element of any attempt to take over the country by military force.
Normally, when s state National Guard is under the control of a state’s governor, it is not subject to the Posse Comitatus Act. However, when it has been “federalized” by the president, it is considered to be part-of the U.S. military and it is prohibited from participating in any law enforcement activities under the Posse Comitatus Act.
Trump has the authority to call out abd federalize tge National Guard in any state, under certain conditions. He argues that under Article II of the Constitution he has the inherent presidential authority to send U.S. military (e.g., the Marines) into any state.
While U.S. military and federalized National Guard are subject to the Posse Camitatus Act, during an attempted coup d’état Trump would probably argues that the Act is an unconstitutional limitation on his inherent Article II authority to call out the military.
It would be up the Supreme Court to decide the issue, and then up to Trump to decide whether or not to obey the decision of the Court.
b. Police
1) Trump sends his "little green men" to police Layette Square and Washington, D.C.
c. Armed militia
1) Michigan State House
2) armed men along March
3) armed men at demonstrations
2. Information
a . Attacks on Press, Lies, and Propaganda
b. Assumptions
1) The Leader can control news and flow of information.
2) Independent news media can be discredited or silenced.
Comment: By suing CBS over a 60 Minutes episode and reaching a $15 million settlement of a totally meritless claim, Trump is using threats of arbitrary illegal actions agains parent corporationsto shut down vigorous independent news coverage of his administration.
3) State propaganda (or Trump propaganda) will dominate the media and other news sources.
aa .Fox News
bb. One America News
c. Social media.
1) Why Twitter is such a big deal
2 ) Russian help
3. Direct Control of Executive Branch
a. Assumption: Justice Department and Intelligence agencies can be subordinated to the Leader's will, both defensively and offensively.
1) E.g., Russian interference will not be putsued
Comment: Trump has shut down key government units designed to identify and counter Russian misinformation and manipulation of social network information flows.
b. Attack on the Post Office
1) Can be used to block voting by mail during coronavirus pandemic
Comment: A proposal to take over the Post Office was under discussion, but has been put on the back burner, The fact that it was under discussion shows Trump and his accomplices understand its critical function in controlling information.
4. Neutralization or Control of Congress
a. Unconstitutional Defiance of Congressional Oversight Authority
b. Political neutralization of Impeachment Power
Comment: Trump can bring enormous pressure on Congressmen and Senators not to vote for impeachment or removal from office. Trump supporters have threatened Senators, several of whom are reported not to have voted for conviction in earlier impeachment cases due to fear of physical harm to them or their famlies.
c. Judicial review blocked or neutralized
The Trump administration has defied several lower court orders. It’s hardline stance for many weeks in the Abrego Garcia case was aimed at testing the limits of presidential defiance of courts, even the Supreme Court’s 9-0 decision. The administration appears to have manifestly lied in the Abrego Garcia and other cases.
5. Control or Neutralization of the Judiciary
a. Assumption: The Supreme Court and Federal Judiciary will not block Trump's federal government actions.
Comment: Trump’s many unconstitutional actions can best bec seen as attempts to test the limits of what he can get away with.
b. Assumption: Supreme Court will uphold President and Executive if Challenged by State or Local officials, or private parties.
Comment: This assumption has not always held, e.g., in the Abrego Garcia case.
6. Subservience or Neutralization of State and Local Leaders
a. Assumption: State and local leaders can be coerced (bludgeoned) into subservience or acquiescence.
1). Use of budget
2) Use of Federal law, Executive decrees, and Supreme Court
Comment: Trump’s nationalization of the California National Guard and sending them and U.S. marines into Los Angeles is an attempt to demonstrate Trump’s dominance over state and local authorities.
7. Big Business and Financial Sector Will Acquiesce, and Help
Comment: See comment on CBS News and 60 Minutes, above.
a. Assumption: Big business and Wall Street will go along.
Comment: The assumption does not always hold. as was demonstrated with the tariffs and the bond market.
1) Benefits to companies
aa) Tax breaks, subsidies, bail-outs, regulatory changes
2) Benefits to key business decision-makers, (e.g., key officers)
aa) Salaries, bonuses, separation packages
See also,
Elie Mystal,"Elie Mystal ,”The Question Isn’t Whether Trump Will Go Full Authoritarian—It’s How We’ll Respond; We know that no one is coming to save us from Trump; So how will we save ourselves?" The Nation, June 2, 2020.
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June 10, 2025: Final Comments
Trump has shown his cards. He is clearly preparing the way for a successful coup d’état, by the use of military force if necessary.
He is putting all of the pieces in place that may be necessary for a successful seizure of power.
In fact, the coup d’état is already underway. We may have the impression that the coup is unfolding slowly before our eyes, but in fact Trump and his team of accomplices have been moving at lightning speed.
Look at what they have already done, in five short months.
With Elon Musk and DOGE, they have dismantled government agencies and programs, including USAID humanitarian assistance whose cut-off is almost certain to cost hundreds of thousands if not millions of lives.
We need to recall that Adolf Hitler achieved dictatorial powers after the Reichstag fire within two months of becoming Chancellor on January 30, 1933.
We need to remember how Vladimir Putin achieved dictatorial powers following “terrorist” attacks which he himself was allegedly behind.
Trump is whipping up chaos, laying the bases for sending in the National Guard and the military, and preparing to seize power—whether now or later.
He is already acting like a dictator, as revealed by his attacks on Harvard, Columbia, and major law firms.
The courts are slow. It will take time for them to slow Trump down or stop him.
That leaves the American people as the main force that can stop him now.
Demonstrations may help, but only to the extent they persuade Congressmen to begin impeachment proceedings, and then to impeach him.
A long trial in the Senate may bring public pressures on the Senators sufficient to convict him and remove him from office.
There is only one sure way to defend against a Trump seizure of power.
Impeach him, convict him, and remove him from office. NOW.
***
James Rowles is a former Lecturer on Law at Harvard Law School and professor of international law at other universities.
He studied the history of Nazi Germany at Stanford, and has studied and worked on human rights, judicial reform, and access to justice projects in many countries in Latin America, Africa, the Middle East, and in Afghanistan and Russia. At Harvard Law School, he taught a course on “Law, Human Rights, and the Struggle for Democracy in Latin America”.
At the Inter-American Commission on Human Rights (IACHR) of the OAS, he worked on human rights cases involving forced disappearances, executions, and torture in a number of authoritarian countries in Latin America and the Caribbean.
Recent Books by the Author
James P. Rowles, The Rape of American Democracy: Republican Actions and Democratic Failures, 2016-2021 (2024). Available on Amazon, and from IngramSpark by clicking on a link here.
James P. Rowles, Don’t Be Stupid. Pay Attention, Damn It! Advice for Undecided Voters and Voters Leaning Toward Trump (2024). Available on Amazon,and from IngramSpark by clicking on a link here.
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They have dismantled all of the institutions established to hold the president and his accomplices accountable under the law.Such as the Inspectors General in each of the Departments.
He has neutralized our intelligence agencies with Tulci Gabbard as Director of National Security. He has opened our most sensitive classified information to collection by
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James Rowles is a former Lecturer on Law at Harvard Law School and professor of international law at other universities.
He studied the history of Nazi Germany at Stanford, and has studied and worked on human rights, judicial reform, and access to justice projects in many countries in Latin America, Africa, the Middle East, and in Afghanistan and Russia. At Harvard Law School, he taught a course on “Law, Human Rights, and the Struggle for Democracy in Latin America”.
At the Inter-American Commission on Human Rights (IACHR) of the OAS, he worked on human rights cases involving forced disappearances, executions, and torture in a number of authoritarian countries in Latin America and the Caribbean.
Recent Books by the Author
James P. Rowles, The Rape of American Democracy: Republican Actions and Democratic Failures, 2016-2021 (2024). Available on Amazon, and from IngramSpark by clicking on a link here.
James P. Rowles, Don’t Be Stupid. Pay Attention, Damn It! Advice for Undecided Voters and Voters Leaning Toward Trump (2024). Available on Amazon,and from IngramSpark by clicking on a link here.
***
Support the Author
We encourage you to join the community that supports the Trenchant Observations newsletter and the author’s books.
You may sign up for a free subscription to the newsletter. But to receive all of the content as soon as it is published and to support the newsletter, please upgrade to a Paid or Founding Member subscription. To do so, click on the “Subscribe now” button below.
You may also make a contribution to help support the author and his books directly by sending a Zelle transfer to his Zelle account associated with his email, jrowles93@gmail.com. For wire transfer information (e.g., from outside the U.S.) please contact the author at jrowles93@gmail.com.
Alternatively, you may respond to the author’s Go Fund Me appeal by clicking on the last button below. The funds take one-two weeks to get to his bank account, and are also subject to a fee (2.9% plus $0.30), unlike Zelle transfers.
Please see the new description in his GoFundMe appeal. The description of the Rescue Democracy Fund is pending, and will be provided soon.
Finally, in addition to subscriptions and contributions, you can buy the books listed above, read them, and send me your comments and reactions.