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Siegfried Othmer's avatar

To those of us who lived through WWII, what is happening now is not unfamiliar. The reaction of my generation was to blame our elders. How did you let this happen? It really took a long time for me to recognize that in fact our elders had no agency. Once the tyrant was in power, political opposition was rapidly disempowered. Trump’s re-election served as a permission slip to exercise unlimited powers, in that it served to erase January 6 and his losses at trial, first of all, and as a retrospective sanction of everything he tried to do in his first term and during the interregnum.

The only thing that can guard the public interest is the rule of law. But then reality sets in:  “There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.”

—Frank Wilhoit.

David French, writing in the NYT: “And so we’ve slowly but surely created the mechanisms of what the Nazi-era Jewish labor lawyer Ernst Fraenkel called “the dual state.” There is the normative state where the ordinary rules and procedures apply, and then there is the prerogative state marked by “unlimited arbitrariness and violence unchecked by any legal guarantees.” According to Fraenkel, dictatorships create a lawless zone that runs alongside the normative state.”

In that model, where we are heading is clear. All opposition to Trump will come to be subjected to the arbitrariness and violence of the prerogative state. We are nearly there.

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