While serving the United States Army, and deployed to foreign hot zones, much of my focus was on promoting the “rule of law.” This concept is that nations that prioritize a law-based society, as opposed to government under strongman control, are more likely to avoid internal strife and violence.
In many ways, the “Rule of law” is not complex. If people feel their government treats them fairly and that they have rights – backed by laws – they are less likely to take up arms to resolve grievances. Promoting the rule of law across the globe benefits America, because terrorist and criminal organizations that threaten the U.S. often thrive in lawless countries. For example, al Qaeda operating with impunity in Afghanistan, which ultimately led to the September 11th attacks.
While I spent a good part of my military career urging other countries to adopt a law-based society, I cannot help but notice that those same principles are being undermined by our current Commander in Chief. To be clear, the White House is not becoming the Taliban. But I am asserting the Trump administration continually seeks to operate outside the law.
Consider that the President has imposed, with no input from the Congress, a new order of tariffs on nearly every nation in the world and risks destabilizing our economy. The President asserts his authority based on a law that requires an “unusual and extraordinary threat” to national security or the economy. What sort of threat does Canada, Japan or England pose to America?
Or, how about the Administration refusing a lawful order by the U.S. Supreme Court to “facilitate” the return of a man who was wrongly sent a prison in El Salvador. While the ruling seeks clarification on the term “facilitate” from a lower court judge, we know the White House is making no attempt to facilitate his return. After all, the White House sent millions of taxpayer dollars to El Salvador to imprison this man, so should be able to compel the government in El Salvador. In other words, the White House is ignoring the Supreme Court.
Other doozies: dropping federal corruption charges against the Mayor of New York, simply because that elected official seemingly promised to be an ally of the President. And, how about an Executive Order for the Department of Justice to investigate former Trump administration officials for asserting the 2020 election – which Trump lost – was fair.
While these examples that challenge the rule of law pertain to most serious of matters, like the economic wellness of the country and jailing people abroad without due process, the Trump administration is also allowing lawlessness on more routine government affairs.
For example, one issue my organization has been closely tracking is the prevalence of diet drugs often sold over the internet and promoted extensively on social media. The sale of these compounded versions of weight-loss medications like Mounjaro and Ozempic, have been banned by the Food and Drug Administration – an agency which makes no guarantees on either the efficacy or the safety of these discount diet treatments. Gummy versions of these diet products are marketed, even though we know when eaten, the active ingredient is metabolized, meaning the drug is useless, at best.
The knock off diet drugs were allowed for a short time, because of nationwide shortages of the brand name medications. However, there are no more shortages, and the FDA has ordered companies to stop selling these treatments. Yet, they remain for sale. The companies which market them, nor the social media companies or websites that allow them to be sold, do not face any legal consequences for seemingly disobeying the law.
Finally, my greatest fear is that I see the breakdown of the rule of law, and we are not even 100 days into Trump’s term. What comes next?
The President has hinted that he may send U.S. citizens to foreign jails and serve a third term in the White House. Both of these actions would be illegal and unconstitutional. Are these statements just bluster or are they legitimate plans? No one knows, and the Mr. has shown himself to do things no other President has ever tried to do – because those actions are widely viewed as against the law.