Skip to main content

Items tagged with: DualState

Search

Items tagged with: DualState


The man…was a Jewish labor lawyer named Ernst Fraenkel.He completed his manuscript…at UC, publishing it as The #DualState, w/the modest subtitle A Contribution to the Theory of #Dictatorship.The book explains how the #Nazi regime managed to keep on track a #capitalist economy governed by stable #laws—& maintain a day-to-day normalcy for many of its citizens—while at the same time establishing a domain of #lawlessness & state #violence in order to realize its terrible vision of #EthnoNationalism.


Academic in tone, The #DualState sketches a template of emerging #tyranny distilled from bloody & horrifying experience.

As Fraenkel explained it, a #lawless #dictatorship does not arise simply by snuffing out the ordinary #legal system of rules, procedures, & precedents. To the contrary, that system—which he called the “normative state”—remains in place while dictatorial power spreads across society. What happens, Fraenkel explained, is insidious.


…Today, we are witnessing the birth of a new #DualState. The #US has long had a normative state. That system was always imperfect. Our #criminal #justice system, for example, sweeps in far too many people, for far too little security in exchange. Even so, it is recognizably part of the normative state.

What the #Trump administration & its allies are trying to build now, however, is not.

#law #PerogativePower #ForTheeButNotForMe #tyranny #Dictatorship #autocracy #MafiaState #NaziState


For that reason, it shouldn’t come as a surprise that #Trump’s lawyers—despite running roughshod over #Congress, the #states, the #press, & the #CivilService—were somewhat slower to defy the federal courts, & have fast-tracked cases to #SCOTUS, seeking a judicial imprimatur for novel #PresidentialPowers. The #courts, unlike the legislature, remain useful to an #autocrat in a #DualState.


Holy Mary mother of honestly I dunno I’m an atheist

Selective prosecution entirely based on dollar-dollar:

As part of the #deportation flights of alleged #terrorists, the #US quietly dropped charges against a key #MS13 leader & returned him to the pro-#Trump leader of #ElSalvador. US investigators believe he has info that could implicate top Salvadoran gov’t officials in corrupt deals with the violent gang.

#law #DualState #MafiaState #immigration
cnn.com/2025/03/24/politics/ms…


The oral arguments in the DC Circuit Court of Appeals for #Trump’s #AlienEnemiesAct appeal is will be live streamed starting at 1:30pm ET today.

You can watch here:
youtube.com/watch?v=4DoTLGECQS…

Or if you prefer to listen, audio will be available here:

media.cadc.uscourts.gov/record…

#law #Constitution #immigration #DueProcess #CivilRights #DualState #ConstitutionalCrisis #14thAmendment #5thAmendment #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower


Judge #Boasberg on how the #Trump admin tried to evade courts:

"[T]he most reasonable inference is that it hustled people onto those planes in the hopes of evading an injunction or perhaps preventing them from requesting the habeas hearing to which the Government now acknowledges they are entitled."

#law #Constitution #immigration #DueProcess #CivilRights #DualState #ConstitutionalCrisis #AlienEnemiesAct


#UnitedStates govt affidavit saying: "While it is true that many of the TdA members removed under the AEA do not have criminal records in the United States"

storage.courtlistener.com/reca…

DOJ brief signed by #Trump’s AG #PamBondi & the senior leadership at the #DOJ saying, "Plaintiffs have not established irreparable harm."

storage.courtlistener.com/reca…

#law #Constitution #immigration #DueProcess #CivilRights #HumanRights #torture #DualState #ConstitutionalCrisis #AlienEnemiesAct #CrimesAgainstHumanity


Judge #Boasberg terrifyingly describes the #ElSalvador prison #CECOT knowing that:

- The #Trump admin admitted "many of the TdA members ... do not have criminal records”

- Several cases of misidentification have emerged

- The most senior #DOJ ofcls signed a brief saying these detainees would not suffer "irreparable harm"

#law #Constitution #immigration #DueProcess #CivilRights #HumanRights #torture #DualState #ConstitutionalCrisis #AlienEnemiesAct #CrimesAgainstHumanity


#GiftArticle

#America Is Watching the Rise of a #DualState
For most people, the #courts will continue to operate as usual—until they don’t.

On Sept 20, 1938, a man who had witnessed the rise of #fascism packed his suitcases & fled his home in Berlin. He arranged to have smuggled separately a manuscript that he had drafted in secret over the previous 2 yrs. This book was a remarkable one. It clarified what was unfolding in Berlin…, the catalyst for its author’s flight.

theatlantic.com/magazine/archi…