Let's Be Honest About The State Of The Union

It wasn’t necessary to watch all of Trump’s speech last night to understand where we are as a country. The state of our union, as I noted Sunday night, is compromised. And that comes as no surprise to any of us. But two moments from last night are worth noting, as markers of where we are.

The Stupid: "I have created the brand new Department of Government Efficiency, DOGE. Perhaps you’ve heard of it. Perhaps. Which is headed by Elon Musk, who is in the gallery tonight," Trump said during his speech.

Only one problem. That’s not what the Justice Department has been telling judges in litigation involving the Musk-led effort to privatize government. They’ve been doing everything they can to claim Musk is not in charge of DOGE, including telling the judge that a woman named Amy Gleason, who was on vacation in Mexico when they made the representation to the court, is the Acting Administrator. It didn’t take lawyers long to point that out. Trump was barely finished when Kel McClanahan filed a “Notice of New Evidence” in Lentini v. DOGE, one of three cases that have been consolidated to hear claims about DOGE’s legality in Washington, D.C.

McClanahan argued that Trump’s statement about Musk “conclusively demonstrates that expedited discovery is urgently needed to ascertain the nature of the Department of Government Efficiency and its relationship to the United States DOGE Service.” The best outcome for Trump, following his epic foot in mouth, is that Judge Jia Cobb grants the motion to expedite which would make this the first case where pro-democracy lawyers would gain access to information about the inner workings of DOGE, likely a treasure trove that would further underscore the lawless manner in which Trump is acting.

The worst case is that someone gets held in contempt, either civil or criminal. That would open an entire can of worms about how the courts enforce their orders against a Trump administration that has at least suggested it might not comply with ones it doesn’t like. But that fight is, inevitably, coming, and judges don’t like it when parties lie to them, especially when it’s so explicit and when it’s the government doing it, here, rather uniquely, with the president’s involvement.

The Corrupt: After his speech, Trump shook hands with people in the room, including the four active Supreme Court Justices who were present in their long black robes. Their tradition of dress is meant to ensure that no one mistakes who they are. It separates them from the political fray, even as they attend. That message, however, was lost on Trump.

The moment was captured on CSPAN. Trump thanks the Justices. He doesn’t say what for, but of course, we all know.

“Thank you very much, appreciate it,” he says to Elena Kagan, whose face is a mask in the moment. Then, he moves on to the Chief Justice. “Thank you again. Thank you again,” he says to John Roberts. Then he awkwardly slaps him on the shoulder and says, “Won’t forget it.” The moment has an almost classic mob boss feel to it in context.

Roberts, followed by Kagan, peels off and leaves without comment and immediately.

This is the find out part, but unfortunately, it’s not the Chief Justice who feels the consequences of what he did. You may recall the reporting that Roberts came to conference with the other Justices with an uncompromising stance in the presidential immunity case, unwilling to deliver anything less than the win he gave to Trump, the win that permitted Trump to give the speech and shake hands last night. The rest of the country is now paying the price for that.

The Justices are supposed to protect the integrity and impartiality of the court from even the appearance of impropriety. Last night, and regardless of the truth of the matter, they permitted Donald Trump to insinuate that they are on his side, his captives.

Ironically, Justices Thomas and Alito have dropped away from attending the event over the years. Thomas has said, “It has become so partisan and it’s very uncomfortable for a judge to sit there.” Alito hasn’t attended since the 2010 SOTU when he was seen mouthing "Not true," on camera in response to President Obama’s criticism of the Court's decision in Citizens United v. Federal Election Commission, which struck down campaign finance restrictions. The Justices’ interaction with the current president last night certainly bore the view that the event is too political for the Court. The Chief Justice’s humiliation at Trump’s hands last night was reminiscent of the moment where Trump included General Milley, in full uniform, in the walk from the White House to St. John's Church for what turned out to be a political photo op. Milley subsequently apologized, saying "My presence in that moment and in that environment created a perception of the military involved in domestic politics."

Milley subsequently fell out of favor with Trump. Whether the Chief Justice, who has life tenure, will take similar steps to protect the integrity of the Court remains to be seen, but seems unlikely. Milley was widely hailed as a hero in the wake of his apology.

And there you have it. For the longest State of the Union address in history, it contained the least helpful content. It was more campaign rally stump speech and culture wars checklist than a vision for leadership. Trump did not address the issues the country faces in a substantive way. There was little of substance.

Perhaps that’s the ultimate comment on the man and his time as president. There was little of substance here.

We’re in this together,

Joyce