Trump’s threat to deploy troops to Chicago is the latest example of a slow manipulation of the line between legal and illegal
January 6 demonstrated that longstanding democracies can readily resist a disorganized effort at a coup. They are less equipped to withstand the normalization of exceptional measures: the use of federal agents to quell domestic protest, the staging of police raids on the homes of leaders’ political opponents, the pretextual invocations of emergency powers. Each of these steps may seem temporary and targeted; they may even enjoy a thin patina of legality. But over time, a democratic order turns into what Ernst Fraenkel, a German-Jewish lawyer whose book The Dual State stands as one of the first and most perceptive examinations of Hitler’s regime, called a “prerogative state” – a government in which the executive “is released from all legal restraints and depends solely on the discretion of the persons wielding political power”.
So let us be clear: Trump’s commandeering of control of the Washington DC police department was simply an opening salvo. While Americans were greeted with images of soldiers in combat gear, toting rifles and establishing roadblocks and checkpoints near the National Mall, Trump was already tasking defense secretary, Pete Hegseth, with creating “specialized units” of the national guard to be “specifically trained and equipped to deal with public order issues”.
