Trump 2.0 has already escalated discriminatory policies, focusing on protecting White males at the expense of people of color and women. In fact, his very first executive orders included several measures cracking down on asylum seekers and closing off legal avenues to citizenship, as well as a brazen decree aimed at eradicating diversity, equity, and inclusion (DEI) throughout the country. Executive Order 14173 ("Ending Illegal Discrimination and Restoring Merit-Based Opportunity") was issued on January 21, 2025, the very day he took office. It ordered organizations and entities -- from government offices and the U.S. military to schools, businesses, and more -- to end their DEI policies "within 120 days" or risk losing government funding.
Recently, making good on its threats, the Trump administration canceled $400 million of federal funding in the form of grants and contracts to Columbia University as a sign of disapproval of that university's supposed tolerance of pro-Palestinian protests, "described," as National Public Radio reported, "as the school's failure to police antisemitism on campus." Nine other universities are believed to be under similar scrutiny.
Meanwhile, according to the New York Times, Trump is planning to issue a new travel ban, including a "red list" of countries whose citizens will be prohibited from entering the United States and an "orange list" of those whose citizens would, in some fashion, be curtailed if not completely barred from entry. As yet, the specifics remain unknown.
In other words, the discrimination enshrined by federal authorities in law and policy after 9/11 opened the way for a far more widespread governmental embrace of racial and ethnic discrimination now underway.
Disappearing the Record
Secrecy was likewise baked into the government's response to the war on terror, often to keep what would have been obvious abuses of the law well hidden. Whether it was the use of "enhanced interrogation techniques" -- the phrase employed by the administration of George W. Bush for acts of straightforward torture -- or mass surveillance, the authorization for the targeted killing of an American citizen or the implementation of other policies that deviated from accepted law and practice, all of that and more was initially kept well hidden from the American public.
Now, many have described the brazen upheavals decreed by the Trump administration as being the very opposite of secrecy -- as, in fact, "saying the quiet part out loud." In reality, however, in these first days of his second term in office, Trump and crew have taken secrecy to a new level, replacing it with a broad policy of erasure and invisibility. In fact, despite the administration's pledge of "radical transparency" in areas like spending, a hostile onslaught against the written record has prevailed.
This determination to bury the record was apparent during the first Trump administration. He repeatedly asserted his right, for instance, not to document his meetings with Russian leader Vladimir Putin. In 2017, he reportedly confiscated notes that were taken at a meeting with Putin. In 2019, at the G-20 in Buenos Aires, he met Putin without either a translator or a note-taker present. The Washington Post reported, that "U.S. officials said there is no detailed record, even in classified files, of Trump's face-to-face interactions with the Russian leader at five locations over the past two years." In other words, on a matter of top national security concern -- U.S.-Russian relations -- a "cone of seclusion" was created, effectively leaving it to the two presidents to make decisions in secret. (Meanwhile, in his first term in office, Trump allegedly flushed down the toilet certain records relevant to the classified documents case against him.)
In his onslaught against record-keeping and the public's right to know, the National Archives has become a prime target. Trump's battle with the Archives had its origins in his legal struggle over the classified documents he was alleged to have kept in his possession in violation of the law after his first administration, even supposedly destroying security camera footage taken at Mar-a-Lago that showed boxes of those documents being moved. Now, the president has fired the U.S. archivist, replacing a professional academic with Marco Rubio, despite his duties as secretary of state.
His outright refusal to keep a record of his administration's activities is also reflected in his insistence that the records of the Department of Government Efficiency (DOGE) fall under the Presidential Records Act, which applies to the records of the president and vice president, and which comes with the guarantee that they can be withheld from the public for up to 12 years after he leaves office. The Act also allows for the disposal of records, pending the approval of the national archivist.
In a further example of denying information as a form of politics, Trump's Office of Professional Management ordered the removal of gender-related content from its websites (as well as the erasure of gender-identifying pronouns from e-mail signatures and an end to all gender-related programs and grants). This led to the removal of pages from the Census.gov website, as well as from the Centers for Disease Control and Prevention and military websites, and the replacement of the acronym LGBTQ+ with LGB. Under court order, some of these webpages have been put back up, even if with this defiant note:
"Any information on this page promoting gender ideology is extremely inaccurate and disconnected from the immutable biological reality that there are two sexes, male and female. The Trump Administration rejects gender ideology and condemns the harms it causes to children, by promoting their chemical and surgical mutilation, and to women, by depriving them of their dignity, safety, well-being, and opportunities. This page does not reflect biological reality and therefore the Administration and this Department rejects it."
In other words, the Trump administration's claims of legitimacy for its purge of information remain strong. The legacy of state-sanctioned secrecy and a parallel burying of the record, inextricably tied to the post-9/11 era, has already found a secure footing in the second Trump presidency.
Undermining the Courts and the Law
Time and again in the war on terror, the Department of Justice and the courts deferred to the federal government in the name of national security. As a 2021 Brennan Center report noted, national security deference was apparent in decisions not to hear cases due to "states secret" claims, as well as in decisions that prioritized over civil-liberties guarantees and human-rights considerations what government lawyers argued were the constitutionally granted powers of the president in national security matters.
Under Trump, the second time around, it's already clear that there's going to be a full-scale assault on the legitimacy of the legal system. Witness the administration's attacks on judges whose decisions have gotten in the way of his agenda. When a judge ordered the restoration of public health data that had been removed from government websites, he was summarily castigated by Elon Musk as "evil" and someone who "must be fired." Meanwhile, the Department of Justice has already moved to squelch independent decision-making by immigration court judges, threatening them with nothing short of dismissal should they rule against the president's prerogatives.
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