Hitler’s plan to take over the German democracy was to use democratic laws to his advantage.  To do so, he needed lawyers and judges who would adhere to his demands. His first priority was to increase the number of German lawyers who were loyal to him, not to the Weimar Republic. Trump will pursue Hitler’s path to achieve blind obedience.

Lawyers: Step 1

Hitler.

He hated lawyers. “It is a disgrace to be a lawyer,” he said. During the 1920s, Hitler shrewdly began to build an association of National Socialist German Jurists. He needed someone to enlist lawyers to join his band of thugs. He chose Hans Frank, an inexperienced, intellectually unqualified lawyer three years out of school. Frank was an eager Nazi, excessively ambitious beyond his skills and had the endearing quality of being cold-hearted and ruthless.

Frank’s efforts were dismal through the 1920s, until the Great Depression in 1929, when jobs were scarce and more unemployed lawyers joined the Nazi lawyer’s association. An even greater stimulus to legal work occurred in 1933, after the Reichstag fire (the destruction of the Parliament building). Although unproven, to many, this smelled like a false flag Nazi operation, conspicuously occurring a month after Hitler became Chancellor. It was blamed, however, on communists.

Shortly after the fire, von Hindenburg fell into Hitler’s hands. He declared a state of emergency that suspended individual rights, leaving Hitler’s goons (the Gestapo) to attack and arrest alleged communists, Jews and other political opponents. Hitler’s first concentration camps were established. The increase in arrests required more lawyers, all of whom would need to be loyal to Hitler. Those lawyers who were not loyal would lose work and be purged from the legal system. Professor Cynthia Fountaine of the University of North Texas authored a scholarly analysis of lawyers in the Third Reich. See Cynthia Fountaine, Complicity in the Perversion of Justice: The Role of Lawyers in Eroding the Rule of Law in the Third Reich. 10 ST. Mary’s J. 198 Legal Malpractice & Ethics 198 (2020).

Trump.

Hitler needed a decade to put together a group of lawyers loyal to him before he became Chancellor. Trump has the advantage of a four-year term to see many lawyers in action. Every incoming U.S. President must identify personnel, many of whom are lawyers, who share his or her vision for meeting the needs of the country. That, however, is not what will happen here, if Trump is elected.

He has declared he will be a dictator, back-pedaling to dictator for the first day. He favors Putin, a murderous dictator who he invited to do “whatever the hell he wants” to our NATO allies. No president or candidate in American history has ever made such declarations.

Like Hitler, Trump does not need to represent the majority of voters, only a minority that can win a majority of electoral votes. Trump will not seek out the best and the brightest. He has already shown the country who he picked out of the herd. He listened to advisers who told him what he wanted to hear, those who were the most characterless and subservient to his objectives, no matter how fraudulent. Sydney Powell meets that description. So do Rudy Guiliani and John Eastman. These are lawyers who are suspended from the bar or could and should be disbarred. Whichever of them can still practice law has passed the loyalty test.

As all Americans have seen or read, Trump portrays himself to be the victim of all criminal and civil actions against him as being politically motivated. All his criminal indictments came from Grand Juries, not from politicians. The vast majority of decisions in civil and criminal matters have been and will be decided by a jury of his peers.  Despite these realities, this ruthless performer portrays himself as the innocent victim, manipulating sympathetic voters. As reported by the Washington Post, in New Hampshire in October, 2023, Trump justified his intended revenge against others. “This is third-world stuff” … “arrest your opponent.” “And I can do that, too.” This is his poor me, self-defense rationale in his delusional world.

Of all Trump’s lawyer requirements, the Department of Justice is his highest priority. Russ Vought, Trump’s former Budget Director and close ally, declared that Trump doesn’t need statutory changes, according to the Washington Post. “You need an Attorney General and a White House Counsel’s office that doesn’t view themselves as trying to protect the department from the president.”

This requires prosecutors who will exact Trump’s “retribution” upon his enemies. And those enemies are many. Trump will seek prosecutors who will be groveling and obedient to all his demands. Jeffrey Clark is an utterly unscrupulous, unqualified Attorney General candidate who meets Trump’s needs. Alongside this high priority, Trump will appoint a lawyer-sycophant as FBI Director who will put other Trump-approved lawyers in senior positions. At that point, the weapons of arrest and prosecution will be in place.

Trump and his MAGA followers have little to no meaningful platform of public needs to be addressed—only a vengeful hit list of enemies.

Nixon had an Enemies List he fed to the IRS to audit and harass those who criticized and opposed him. Once Trump controls and weaponizes the Department of Justice, if elected, we could begin to see something more like the second coming of the Third Reich than an American democracy. Trump’s Enemies List will be much longer and put his critics and opponents in much greater peril than anything that Nixon every contemplated.

Isn’t it likely that Trump will emulate the dictators he admires, Hitler and Putin? How far would he go? Would political opponents be incarcerated and die, the way Putin had Navalny murdered? In any case, it appears certain that Trump envisions putting political opponents and others in jail. Journalist Jim Sciutto recently revealed interviews that will appear in his upcoming book concerning Trump’s fondness for dictators. Trump’s former national security advisor, John Bolton, said that Trump “views himself as a big guy.” Moreover, Trump “likes dealing with other big guys and big guys like Erdogan in Turkey get to put people in jail and you don’t have to ask anybody’s permission.” In another interview, Trump’s former Chief of Staff John Kelly confirmed that Trump views himself as a tough guy.

Every dictator quickly seizes control of the media. Trump has attacked the “fake news” of the liberal media since his first presidential campaign. The media will be high priority targets. The Fourth Estate would deteriorate.

Liberal political opponents will of course be targets. All those who have prosecuted him, especially Black men and women, will also be at risk. Rarely has anyone seen in our political life so vicious and vindictive a person as Donald Trump.  Will everyone whose conduct or words have opposed or humiliated him be attacked and arrested by FBI agents and prosecuted by the Department of Justice? Won’t Trump’s chosen DOJ prosecutors and FBI agents obey his demands? That is the plan we should expect, given what we are already witnessing–the blind obedience to Trump of MAGA members of the House and Senate.

Trump, an unelected citizen, currently controls the decisions of MAGA Congresspeople and Senators, duly elected by their constituents. These representatives of the people have no minds of their own. We have seen Trump “veto” a bilateral bill to reform immigration, because it is a political issue for his reelection campaign. The public interest be damned.

If one views these potentialities as imaginary horribles, consider the litany of other Trump actions and words. He has already displayed his relentlessly acrimonious conduct against former President Obama. He hated Obama. He felt humiliated by him and likely despised the President, given the racist that he is, because Obama was a U.S. President who was part African-American. Trump withdrew from Obama Administration agreements, undertaken in the public interest, like the Iran nuclear deal and the Paris Agreement on climate change because they were Obama accomplishments. He tried and failed to repeal the Affordable Care Act, so important to American citizens, because it was an Obama  achievement. Worse yet, people referred to it as Obamacare. Again, the public interest be damned.

Trump stated that General Mark Milley, Chairman of the Joint Chiefs of Staff should be executed. General Milley would not put our military forces in the streets for political purposes to assault our citizens, nor would the General support the Trump insurrection. Trump threatens President Biden and his family, General John Kelly, Trump’s first Chief of Staff and Adam Schiff, a prosecutor in the first Trump impeachment. The violent insurrectionists who beat Capital police sought to “hang Mike Pence.” Trump never lifted a finger to stop the violence or keep the thugs in our Capitol from seeking out and hanging his Vice President. Pence dared to refuse to take part in the Insurrection. This was Trump’s ruthless inaction. There are many other Trump targets too numerous to mention.

Trump likely has some chauvinistically devoted lawyer candidates in mind. He is also systematically screening lawyers for those who will follow him, meaning they will violate their Oaths to the Constitution. Trump has his own Hans Frank for that purpose. (Frank was tried in the Nuremberg Trials and executed.) Trump has perhaps his most evil aide in his former senior adviser Stephen Miller, the man who is regarded as the chief architect of the immigration program of separating the children of immigrants from their parents, without any system for reuniting those families. Miller is now the President of America First Legal, a MAGA organization in which Miller is identifying lawyers who are billed as the answer to the ACLU, but are more likely those with blind loyalty to Trump. If they are to be Trump lawyers, they must we willing to subvert our democracy and support authoritarian rule. With Miller’s help, Trump will populate the DOJ with his henchmen and women. Many more lawyers will be necessary in other positions. None of them need to be superior talents or people of high intelligence. Therefore, the candidate pool is large for lawyers and non-lawyers alike. Non-lawyer, low-rent, trailer trash like Marjorie Taylor Greene, for example, have a role since they are obedient.

As President, Trump was frustrated by lawyers who would not support his goals. He criticized White House counsel for not helping him to overturn the 2020 election. If reelected, there will be no holier-than-thou attorneys who adhere to the Constitution, the Rule of Law and legal ethics in his White House: no Pat Cipollone. Don McGahn, Patrick Philbin, Eric Hershmann or even a Bill Barr. There won’t be an assistant, aide or secretary who isn’t vetted and willing to sign an Oath to him and a non-disclosure agreement.

Most of all, Trump wants an amoral lawyer like Roy Cohn, someone as notorious and lacking any remorse as his mentor. He constantly complained about his first Attorney General, Jeff Sessions, an unqualified, and weak advocate, by comparison. “Where is my Roy Cohn?”  Trump so often would exclaim. Stephen Miller will try to find such lawyers.

Judges: Step 2

Hitler.

In 1929, Dr. Erwin Bumke became the Weimar Republic’s President of the German Supreme Court. His staunch conservative views led to his “evolving interpretive standard over originalism in interpreting German law” as reported by Ingo Muller in “Hitler’s Justice: The Courts of the Third Reich.” Professor Fountaine, Supra, explained that the changes in interpretation of German laws enabled judges to interpret laws more consistent with Nazi philosophies. Bumke officially became a member of the Nazi Party in 1937. Hitler was well aware that he just needed biased judges who would make all decisions the way he wanted, or suffer the consequences.

With the security crisis precipitated by the Reichstag fire, Hitler saw an opportunity to declare a Law for Restoration of the Professional Civil Service. That law mandated removal of all Jewish and other undesirable judges. Karl Linz, Chair of the German Federation of Judges, feared for the security of judges. Hitler met with Linz, assuring him that the measure was temporary. It was not. Hitler lied.  Hitler ultimately became the court of last resort. He would change decisions to his liking.

Trump.

If reelected, Trump would start with three Supreme Court Justices he appointed and two other right-wing adherents, led by a Chief Justice who adheres to self-determination of ethical standards and compliance, despite pressure for transparency. Like Hitler, Trump will expect the Justices to adhere to his wishes and whims. Trump already has Supreme Court Justices, like Hitler’s Dr. Bumke, who will provide ultra-conservative opinions that will meet some of Trump’s needs.

At least four Justices are proving their Trump loyalty by agreeing to hear Trump’s preposterous claim of presidential immunity for crimes committed during his presidency. Such an assertion shows Trump’s expectation that he, like Hitler, can commit crimes while in power. Will we need to start calling America the Father Land?

In granting a suspiciously delayed hearing for Trump’s frivolous claim, it is now unlikely that Trump’s criminal trial for his participation in the January 6 insurrection will be determined before the presidential election. If Trump is reelected, he will have all federal charges against him dismissed. In which case, the biased members of the Supreme Court have intentionally given Trump a Get Out of Jail Free card.

Do the Justices really believe that, even those who are kowtowing to him by giving him a disgraceful delay, will be immune to scrutiny in a Trump authoritarian presidency? Not if any of them defy his will. Do any of these Justices think Trump will be more cooperative with them than Andrew Jackson was with the John Marshall Court?

In the case of Worcester v. Georgia in 1832, President Andrew Jackson disagreed with the Supreme Court’s decision, written by Chief Justice John Marshall, granting Cherokee tribal sovereignty to land in Georgia. Jackson boldly declared, “John Marshall has made his decision, now let him enforce it.” (Jackson later released a Proclamation that the Supreme Court had the authority, but Jackson won. He unilaterally forced the Cherokees out of Georgia.)

The Supreme Court has no enforcement power and is dependent upon the Oath commitment of lawyers, judges, elected officials and our citizens to honor our Constitution, our separation of powers and our checks and balances that assure our continued democracy.

Trump’s fully weaponized Department of Justice and FBI will not enforce any Supreme Court decision that Trump does not approve. Trump will tell Chief Justice Roberts, now let’s see you enforce your decision, given his lack of respect for our justice system (although the message would probably be more profane).

As a dictator, he can pack the Supreme Court if he has sufficient Senate control or simply ignore Court decisions if he doesn’t. If, God forbid, Trump gains substantial control of both the House and Senate, it’s Katy bar the door. He can impeach all judges, Justices and elected Congress people and Senators that refuse to adhere to Trump directives. Get-even-with-the-Democrats impeachment efforts against President Biden and DHS Secretary Mayorkas have already been attempted at Trump’s behest—and failed.

In a second term, Trump would have the opportunity to appoint new federal judges. Mitch McConnell proudly manipulated the Senate to assure Trump three conservative Justices and multiple federal judgeships. This time will be different if he has control of the Senate.  New federal judges will be more than conservative jurists, they will be Trump stooges, first and foremost—guaranteed to follow orders.

Despite the numerous civil and criminal law suits pending against Trump, he has sought consistently, and too successfully, to delay every proceeding and make a mockery of our trial and appellate system. He attacks our judges, interns, prosecutors, their families and criticizes witnesses. These attacks constitute security threats through his incitement of his most violent supporters. He thumbs his nose at gag orders and dares judges to incarcerate him.

Government Civil Service: Step 2.1

Hitler.

Hitler’s Law for the Restoration of the Professional civil Service covered judges. Hitler reached a point when all civil service personnel were required to be Nazi members, loyal to Hitler.

Trump.

The Office of Personnel Management in the U.S. covers federal career employees in civil service. Trump wants to gut federal civil service professionals who frustrated his objectives during his first administration.

In truth, Trump is not remotely smart enough to dismantle federal agencies and replace career civil servants with Trump stooges. The Heritage Foundation and its senior cadre, however, are alarmingly equal to the task.

The Heritage Foundation manages “Project 2025.” The Foundation was a conservative think tank that has morphed into an extreme right group, committed to decimating liberal politics in America. With the efforts of Paul Dans, an MIT graduate and lawyer, and the leadership of President Kevin Roberts, under Project 2025, multiple efforts are being undertaking to eliminate the obstructions of Trump’s first four-year term. As Roberts told the New York Times Magazine, he wants to see “destruction in our government”, “people will lose their jobs” and “buildings will be shut down.”  Their vision is that tens of thousands of federal employees will be reclassified so they can be easily fired, gutting civil service to eliminate people disloyal to Trump. Dans and others are developing a model for screening out the undesirable, principled liberals.

Control: Culminating Step 3 

Hitler.

In August, 1934, von Hindenburg died of lung cancer, leaving Adolf Hitler as the sole head of a viable democracy. With the fortuitous event of Hindenburg’s death, Hitler became Leader and Chancellor, the top official of Germany in less than two years.

By 1936, Hitler and Nazi law had complete authority over German lawyers and judges. All lawyers and judges were required to take an oath of loyalty to Hitler, not to the Weimar Republic.

Trump.

As the Washington Post highlighted “Trump has publicly expressed regret about not deploying more federal force and said he would not hesitate to do so in the future.” Trump and Allies Plot Revenge, Justice Department Control in a Second Term, by Isaac Arnsdorf, Josh Dawsen and Devlin Barrett.

The Heritage Foundation’s efforts on Project 2025 are prioritizing the drafting of Executive Orders for Trump to use the military domestically under the Insurrection Act of 1871. These high priority Executive Orders signal Trump’s Day One acts as a dictator.

Trump may believe he has enough crazed, domestic terrorist followers to create the bloodbath he has threatened if he loses the election. Witness the plot to kidnap Michigan Governor Gretchen Whitmer or the vicious assault on Nancy Pelosi’s husband in their residence. If he is elected, however, his loyal domestic terrorist foot soldiers will increase when he pardons all the violent thugs who are convicted seditious conspiracy militants. He has frequently declared publicly that he would do so and refers to these violent felons as “hostages.” The Proud Boys, Oath Keepers and other militia groups will enthusiastically expand their numbers. All will be free to “stand by,” knowing that they will be pardoned for following orders, no matter how heinous the crime. This reprehensible flock is reminiscent of Hitler’s Gestapo. They will be violent and give Trump their undying fealty. Trump will not need to make public statements to incite their violence, such as he has done in the past. He would have the power to do something more sinister. He could be the Mafia Don–just order it done by a White House Chief of Staff who is a version of Frank Nitti.

All of Trump’s political loyalists who he has pardoned are criminals and logical candidates for powerful positions in a new Trump administration.

Steve Bannon, sleazy and pardoned-for-fraud, is a long-standing Trump handmaiden and advocate of authoritarianism. He could be Trump’s Chief of Staff.

Paul Manafort, another convicted felon and traitorous Putin stooge, will likely be a Trump campaign manager. (Manafort could coordinate campaign strategies with Russia, the way he did in Trump’s 2016 election, as the Mueller Report found.)

Michael Flynn, the disgraced general who was criminally convicted and pardoned by Trump, had advocated asserting martial law. He may quickly become the Chairman of the Joint Chiefs of Staff.

Trump is enamored with dictators and gangsters. He worked with Fat Tony Solerno (introduced by Roy Cohn) and likely others. He talks like a tough guy, mob boss (as two of his senior White House officers have stated). He would be America’s first elected gangster-dictator. In a recent speech at the Conservative Political Action Conference, he asserted that November 5th will be our new “Liberation Day.”  His chest-pounding assertions are increasingly vicious, guaranteeing vengeance. “But for liars and cheaters and fraudsters and censors and imposters who have commandeered our government, it will be their Judgment Day.” To assure his iron- grip control, he is eminently capable of creating a false flag operation, like Hitler’s Reichstag fire, to declare use of the Insurrection Act and justify further “retribution.”

 

Conclusion

Trump is the Republican nominee for President without any serious opposition. He has the alarming potential to once again become the U.S. President, despite his incitement of the only attempted insurrection in American history, despite being a proven rapist, despite being proven to have perpetrated massive fraud and despite being the only former president to be twice impeached and criminally indicted by multiple Grand Juries.

Donald Trump is the poster boy for Section 3 of the Fourteenth Amendment. It was intended for just such a former officer in our government: a dangerous, Oath violator and insurrectionist who is contemptuous of our precious Constitutional democracy.

This man’s path to an authoritarian presidency follows the pattern of Hitler’s rise to power. Both men, if Trump is reelected, will have been two of the most powerful dictators in history to have ascended to power in a democracy without firing a shot. The hideous violence that each will perpetrate will happen after they have consolidated their power peacefully. Both would have achieved their power with only a minority of voter-followers, since a Trump victory would likely be a majority of electoral votes, but a minority of the popular vote.

Hitler used the legal system of a democracy to solidify an authoritarian power base. Trump can and will do the same, if given the opportunity. We must repel him overwhelmingly at the ballot box.  It is all too plausible that Trump can mirror Hitler’s authoritarian takeover of our precious country and eliminate our righteous ideals.

 

 

 

 

 

 

 

 

 

 

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7 COMMENTS

  1. Long and short of his dictatorship…the rule of law would be over. Time to pick up a gun and organize a resistance or join some other army dedicated to stopping this nazi. Or be a victim.

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    • Another nazi supporter. Or maybe you are ignorant that it took the lives of 400,000 boys to win WW2. Either way either grow up, or if you support this nazi, go phuck yourself.

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      • Maybe whoever downvoted you, Scott, is offended at YOUR insurrectionist attitude. Your original comment differs very little from the mindset of those folk who stormed the Capitol on Jan 6, 2021.
        As for your “400,000 boys to win WW2,” don’t forget a good chunk of those deaths were in the Pacific theater against Japan rather than Europe against the Italians or the Germans.

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        • IF you read carefully I said IF his dictatorship was successful. You love to criticize but ignore the fact I continually call for the nonviolent option to VOTE! To compare me to the jan6th traitors is offensive given I’m a vet. Are you? I would bet my left nut you are not. I’m well aware of both theaters of WW2 since I had 5 uncles fight in both. Oh I guess you’ll sit back IF the nazis take over and mirror being a ‘good german’ who pretends the murderous regime doesn’t exist. I’m a realist. You seem to enjoy the view from your ivory tower where you research trivia and correct EVERYONE. Your smugness smells even from here.

  2. I am as concerned as you are Scott. I hope we don’t have to go to the violent extremes of MAGA Trumpers like that scumbag did to Nancy Pelosi’s husband. I’d like to believe this article could change some minds.

    I hope there is a massive rejection of him at the ballot box and no one any longer will believe in his Stop the Steal lie.

    • The vote in November is the ONLY nonviolent option left and it was BOUGHT BY THE BLOOD OF PATRIOTS from the Revolutionary War to the present. America…honor our war dead and wounded, and their military families by VOTING!!!!

  3. I can’t bring myself to believe Trump would read an entire novel, not even The Godfather but I’m sure given his mob boss wannabe attitudes he’s familiar with salient points. One of them was a bedrock belief of Don Corleone: “A lawyer can steal more with a briefcase than can a thousand men with guns.” None other than the infamous Roy Cohn surely drove that point home to a young Donald Trump.

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