Chaos, Confusion, & Abuse of Power: Trump’s First Week Back in Office
As expected, week one of Donald Trump’s second term was filled with spectacle, chaos, confusion, and abuse of power. As one of his first official acts, President Trump pardoned and commuted the sentences of more than 1,500 people charged with crimes in the January 6, 2021 attack on the U.S. Capitol, including people who attacked police officers and threatened members of Congress. As The Leadership Conference said in its statement on the January 6 pardons, “The lack of accountability for one of our nation’s worst moments is not only appalling — it also sends the signal that violent extremist groups have permission if they believe they are doing what the administration wants.”
Trump followed this by signing a series of executive orders that were designed to “shock and awe” but instead defy common sense, are often unclear, and in other cases are clearly illegal. “Shock and awe” was also Trump’s strategy in the early days of his first term, when he issued several high profile executive orders that prioritized divisive and discriminatory policies. As before, Trump is using these policy pronouncements to undo his predecessor’s pro-civil rights legacy, rescinding dozens of President Biden’s executive orders, including executive orders on racial equity, access to voting, census and apportionment, protections for LGBTQ+ individuals, artificial intelligence (AI), and more.
Trump’s executive actions have targeted immigration, employment, education, technology, justice reform, and other civil rights areas, as well as the federal workforce itself — all of which are likely to attempt to unravel much of the progress made toward building a more diverse, equitable, inclusive, and accessible society. Much of what we are seeing was described in Project 2025, the wildly unpopular and radical blueprint that candidate Trump disavowed but — as we now see — was the Trump agenda all along.
As expected, one of Trump’s first acts was to issue an executive order undermining the 14th Amendment to the Constitution that aims to end birthright citizenship for children born in the United States to parents who aren’t citizens or are temporary but lawful residents at the time of their birth. This executive order was promptly challenged by multiple parties, including in a lawsuit brought by Democratic officials in 22 states, Washington, D.C., and the city of San Francisco.
Trump also issued two executive orders targeting diversity, equity, and inclusion programs in the public and private sectors. Among other things, these executive orders seek to dismantle diversity, equity, and inclusion efforts in the federal government; repeal a longstanding executive order that addresses discrimination in federal contracting — one that Republicans and Democrats alike have supported and that courts have upheld; and pressure corporations, nonprofits, schools, and professional associations to roll back diversity practices.
Another executive order seeks to weaken legal protections for transgender, nonbinary, and intersex people by redefining sex and gender, directing agencies to remove references to nonbinary people, and prohibiting recognition of gender identity differently from sex assigned at birth. In addition to rescinding the Biden administration’s executive order on AI, the administration issued new executive orders removing critical AI safeguards and prohibiting federal employees from engaging with the platforms on mis/disinformation. Trump also signed an executive order seeking to impose drastic changes, known as “Schedule F” reforms, which would force tens of thousands of civil servants — including in agencies that protect civil rights — to serve the president’s political aims instead of serving the public interest.
For 17 years, the federal government operated under an informal moratorium on federal executions until, in July 2019, the Trump administration announced a new lethal injection protocol — and with it, the intention to resume federal executions. The Justice Department during the Biden administration reinstated the moratorium, but Trump has once again directed the attorney general to pursue the death penalty for “all crimes of a severity demanding its use.”
Though the intent behind these executive actions is to roll back the clock, normalize arbitrary and extreme policy positions, and sow division, there are limits to this approach. Presidents are not given carte blanche policymaking power. Legislative and judicial checks prevent presidents from overreaching. Congress can pass a law superseding an executive order and thereby invalidating it; Congress can also override a presidential veto with a two-thirds majority vote. Alternatively, Congress can “defang” an executive order by refusing to allocate funding for its implementation, among other tactics. Federal agencies can also neutralize executive orders by dragging their feet in implementing directives or refusing to implement altogether.
And federal courts may strike down executive orders if they exceed a president’s constitutional or statutory authority. Trump’s executive actions are already being met with swift legal response. Only minutes after he took the oath of office, his so-called “Department of Government Efficiency” led by Elon Musk was sued multiple times for violating federal transparency requirements. Federal workers quickly sued to challenge Trump’s Schedule F executive order. And a Reagan-appointed judge has already blocked Trump’s birthright citizenship executive order, calling it “blatantly unconstitutional.”
We expect to see more and more challenges to the Trump administration’s policies that undermine civil rights and democracy. As we know from the first Trump administration, this fight will require a broad and diverse coalition that spans racial, economic, and social lines to ensure no group is left to face these threats and actions alone. But we are prepared to stand with and for all people in support of the rights guaranteed in our Constitution and laws and to resist any attempt to discriminate against, oppress, scapegoat, or marginalize any members of our communities, including efforts to thwart laws that protect their rights, welfare, and well-being. We will oppose all efforts by this new administration and Congress to dismantle or undermine civil and human rights, and we intend to meet every challenge with the values and principles that animate our cause.
We must ensure that every voice and every vote counts to make the promise of democracy real for all; demand a fair and independent judiciary that works for all of us; protect and value immigrants and refugees of all backgrounds; transform the criminal-legal system into one that keeps communities truly safe; create pathways for people to invest in their future; choose safe and inclusive schools for our children; pursue new opportunities without fear of discrimination; provide access to and affordable, high-quality health care and housing for all; and ensure that every person can access the technology, information, and data necessary to participate in democracy and meaningfully contribute to their communities.
We will never stop fighting for an America that is more just, fair, inclusive, and free.
For more on executive orders and how they work, read Executive Orders: An Overview.