Authoritarian Creep: Legal Power Grabs and Institutional Collapse
March 26, 2025 | Can Our Justice System Weather the Storm?
In a recent America at a Crossroads discussion, constitutional law expert and former U.S. Attorney Harry Litman delivered a stark warning about the Trump administration’s ongoing erosion of democratic norms. As a senior fellow at USC’s Annenberg Center and host of the Talking Feds podcast, Litman has long tracked the health of America’s legal institutions. The purpose of this conversation was to expose how deeply the Trump administration has embedded itself in the machinery of power—not just through official channels, but by systematically weakening professional institutions, blurring legal boundaries, and undermining accountability.
Power Grabs in Big Law and Beyond
One of the most jarring episodes Litman described involved the coercion of elite law firm Paul Weiss. After being targeted by a Trump executive order, the firm capitulated—agreeing to provide $40 million in pro bono work aligned with the administration’s agenda and walking back internal diversity programs. Litman called it what it is: a shakedown.
Other firms like Perkins Coie and Jenner & Block were similarly targeted for their perceived Democratic ties or prior work with investigators like Andrew Weissmann. The goal, Litman argued, isn’t just punishment—it’s submission. When legal institutions with the resources to resist are instead bullied into silence or compliance, the ripple effects chill the broader legal landscape.
Litman warned that this isn’t a one-off. It’s part of a strategy to capture elements of civil society—law, academia, and even media—echoing tactics seen in authoritarian regimes like Hungary.
Musk, Shadow Governance, and the Appointments Clause
Perhaps the most legally alarming development Litman discussed was the rise of Elon Musk as an unelected, unaccountable power broker within the Trump administration. Referred to by some as the de facto “COO of the country,” Musk has reportedly exercised enormous authority over executive branch operations—despite having no official government role.
Litman highlighted the constitutional peril here: if Musk is functioning as a “principal officer,” he must, under the Appointments Clause, be nominated by the president and confirmed by the Senate. That hasn’t happened. Instead, the administration claims Musk is merely an “informal adviser,” while inserting a little-known figure into official paperwork to cover the legal tracks.
If courts agree Musk is functioning as a principal officer, everything he’s done could be invalidated. But even if that happens, Litman warned, the damage may be irreversible—classified information has already been shared, employees have been displaced, and institutions compromised.
Weaponized Prosecutions and “Domestic Terrorism” Theater
Another disturbing theme was the misuse of law enforcement powers for political theater. Attorney General Pam Bondi’s prosecution of protesters who targeted Tesla factories was framed not just as arson—but as “domestic terrorism.” Litman noted the irony, given the administration’s failure to prosecute actual insurrectionists after January 6.
Labeling minor offenses as terrorism, especially when linked to a politically favored company, reflects a dangerous weaponization of prosecutorial discretion. It isn’t about justice, Litman emphasized—it’s about intimidation and message control.
The Bigger Picture: Civil Institutions in Retreat
What ties all of this together, Litman argued, is an accelerating pattern of authoritarian creep. Whether it’s gutting congressionally established agencies like the Institute of Peace, targeting nonprofits, or rewriting the rules around executive power, the strategy is clear: centralize control, hollow out resistance, and blur the line between state power and personal vengeance.
Litman described the moment as “a fire already burning,” not just a break-glass emergency. And yet, he offered a final note of hope: America’s deep-rooted culture of democratic norms and constitutionalism remains a powerful line of defense—if people are willing to act.
“Community is the key,” Litman said. Speaking out, telling the truth, and organizing—at work, at home, and online—may be the most powerful tools left in the fight to preserve American democracy.
About America at a Crossroads
Since April 2020, America at a Crossroads has produced weekly virtual programs on topics related to the preservation of our democracy, voting rights, freedom of the press, and a wide array of civil rights, including abortion rights, free speech, and free press. America at a Crossroads is a project of Jews United for Democracy & Justice.