The Dangerous Road to Autocracy-We Have Arrived: When Lawlessness Becomes Policy

The Jack Hopkins Now Newsletter #305

The Deceptive Precedent: A Glimpse into America’s Dangerous March (And I argue, our arrival) Toward Autocracy

In an alarming and disconcerting turn of events...the Trump administration has decided to disregard the ruling of the United States Supreme Court regarding the wrongful deportation of a man to El Salvador—a decision that could have far-reaching implications for the very fabric of democracy in the United States.

(This is the longest article I’ve ever written and published for The Jack Hopkins Now Newsletter. I believe it’s worth the ride, however.)

This case raises serious concerns not only about the administration’s blatant disregard for the rule of law but also about the erosion of checks and balances...the undermining of judicial authority...and the disturbing patterns emerging that reflect an increasing shift toward authoritarian governance.

The Case: A Man Lost Between Borders

The case in question involves a man-Kilmar Abrego Garcia-who was inadvertently deported by the U.S. government to El Salvador...despite his legal right to remain in the United States.

He was originally a U.S. permanent resident and had lived in the U.S. for decades. Through a mishandling of his deportation process...he was sent back to El Salvador...a country he barely knew...and was separated from his family who had remained in the United States.

This was a clear error...a mistake by the system that must be rectified...especially when we consider the gravity of what a wrongful deportation means for a person’s life...security...and future.

In terms of the life he had before being ripped away from his family...if not returned, it’s effectively over.

The U.S. Supreme Court, in an extraordinary and rare move, issued a ruling demanding that the Trump administration immediately bring the man back to the United States, acknowledging the monumental injustice that had occurred.

But instead of complying with the highest judicial authority in the land, the Trump administration has taken the audacious stance of ignoring the order.

Worse still, the justification provided for this defiance is chilling: the man is now under the jurisdiction of the El Salvadorian government, rendering the Supreme Court’s decision irrelevant.

In response, the leader of El Salvador...Nayib Bukele...has further compounded the crisis by publicly stating that his government will not return the individual to the United States.

What was meant to be a moment where the rule of law prevailed...where justice was restored...is now unfolding into a horrific political and diplomatic standoff that underscores a disturbing trend: the undermining of the United States’ judicial system and the erosion of foundational democratic principles.

A Flawed Precedent for Future Governance

At the heart of this incident is a grave violation of the separation of powers...a principle that lies at the core of American democracy.

The United States Supreme Court is the final arbiter in legal disputes and has the ultimate authority on constitutional matters. When an administration openly defies a decision by the nation’s highest court...it strikes at the heart of the nation’s commitment to the rule of law.

This situation is not just about one man or one case; it is about what this incident symbolizes for the future of American governance.

The fact that the Trump administration has decided to ignore the court’s ruling...particularly when coupled with the unwillingness of El Salvador’s president to cooperate...sets a chilling precedent for the executive branch’s defiance of judicial oversight.

If the president can simply refuse to comply with court orders...what does this say about the respect for judicial independence and the functioning of democratic institutions in the United States?

And of course, he can. He has. He is. And he will do so again. Count on it.

We can no longer walk around with flies in our eyes.

We have to swat them away constantly so we see everything as clearly and honestly as possible and not allow ourselves to become distracted or play a game of dangerous thoughts like, “I think everything will work itself out.”

“Things” never work “themselves” out. People either work on solutions to problems...or they don’t

This deliberate and willful defiance suggests a dangerous shift in power: one in which the executive branch has decidedit can operate beyond legal constraints, asserting control over other branches of government.

When a foreign government openly sides with the executive over the decisions of the Supreme Court...the implications are even more troubling.

It signals the potential for a growing erosion of international legal norms and diplomatic protocols...particularly as America’s credibility as a global leader and defender of human rights weakens.

The Subtle Slippery Slope Toward Authoritarianism

What we are witnessing is a slide toward autocracy...that is accelerating quickly...and where the balance of power between the three branches of government is steadily tilting in favor of an increasingly unaccountable executive: Donald John Trump.

The refusal to comply with a Supreme Court ruling is just one example of a broader...more alarming pattern of behavior.

From attacking the media as “enemies of the people” to undermining independent investigations and casting doubt on electoral integrity...this administration has demonstrated time and time again its willingness to weaken the foundations of democratic institutions in favor of unchecked executive power.

american citizen being handcuffed

Autocracy thrives in environments where leaders grow accustomed to bypassing legal constraints and bypassing accountability. History has shown us that authoritarian leaders often begin by undermining the judiciary...selectively enforcing laws...and dismantling systems of accountability.

In many instances, these leaders justify their actions as necessary to achieve “the will of the people” or to assert their own version of national interest.

In this case, the president of El Salvador...a populist leader himself...is effectively aligning with an authoritarian approach by refusing to comply with the Supreme Court’s decision, emboldening the U.S. executive branch’s defiance in the process.

The implications of this scenario are clear: if the executive can continually bypass the courts...ignore their decisions...and even secure international support for its actions...it opens the door for further actions that weaken judicial independence and encourage authoritarian control.

What Does This Say About the Future of Democracy?

The defiance of this Supreme Court ruling is not just a simple breach of law; it is a clear signal of how fragile democratic institutions can become when they are continuously undermined.

Here’s a Blunt Truth:

It tells us that the rule of law is no longer a guarantee in the United States and that courts, Congress...and the American people may find themselves powerless in the face of an administration that has grown accustomed to acting unilaterally.

When the executive branch takes the position that it is above the law...which it has...we witness the hollowing out of democracy and the rise of executive authoritarianism.

Make no mistake about it; not only has the executive branch (Donald Trump) made the descision that it/he’s above the law... he’s already been acting based on his decision.

White House defying Supreme Court ruling

What’s more, this case reflects a disturbing normalization of lawlessness.

As the administration continues to disregard court decisions...refuses to accept legitimate checks on executive power...and promotes an alternative reality where the law is a malleable concept....it creates a toxic political climate where future leaders will feel emboldened to further erode the power of the courts.

You surely recognize the intentional error in that last paragraph, no?

I wrote, “...future leaders will feel emboldened to further erode the power of the courts.”

When you read that the first time, you might have immediately thought, “Power of what courts? Trump will have installed nothing but “yes” men and women for judges in the United States!”

If that’s what you thought the first time you read it...you’re not alone in your thinking. He started working on that a long time ago.

This is a moment that calls for reflection. What kind of country do we want to be? (Actually, the time for that was a helluva long time ago...but...here we are.”

Do we want the kind of country where we acknowledge the law...and it’s upheld...and where we all are equal under its authority...or...one where political expediency and unchecked power determine the course of governance?

If you are a long-time subscriber...you no doubt grasp the ridiculousness of that question for people like you and me...and I wanted you to have that feeling of how ridiculous that question is. Oftentimes, that feeling helps keep what we really feel and believe at the forefront of our minds for a longer period. That can be really useful.

The Call for Accountability

In light of the administration’s blatant disregard for the Supreme Court’s order...it is more important than ever that the American public remains vigilant and demands accountability.

In a pre-Trump politics world, I’d say something like, “Congress must act to ensure that the separation of powers is respected and that future administrations understand the gravity of disregarding judicial decisions.”

However, I do not believe Congress is going to act. (By no means should you take that as a suggestion that we stop trying to force it to with our unrelenting demands.)

At this point, even if it did, I’m deeply concerned that Trump has enough hardcore Trump loyalists placed in some of the most powerful leadership positions throughout government and law enforcement...that there is a better chance than not...that no one would enforce Congress’s votes/decisions

I do not identify as an optimist or a pessimist but rather as a realist.

As you know, I am very reluctant to draw fatalistic conclusions about the potential consequences of presidential behavior...regarding the survival of democracy. I’m not an optimist (although many would say I am); I’m a realist.

The most real thing I know is that nothing is over...until it’s over; I know, both from history and personal experience...the incredible capacity of human beings to push through gut-wrenching experiences...and well past where they used to think possible.

However, I also know how easily people can quit...throw in the towel...and give up when they don’t take the steps required to maintain their resilience...and refuse to make quitting and giving up an option.

I made the decision to increase the number of articles I publish each week 10 days ago. It’s a small step in a bigger effort, but I’m excited to share more with you.

There will be more article for everyone; paid and FREE subscribers.

First, however, I want to take a detour from the main points of this article for a moment.

About 15 years ago, a client of mine said something that’s stuck with me ever since. In truth, though...it was probably the fact-based elements of my response to what she said...that I’ve held onto ever since

She had referred a few friends dealing with anxiety, and one day, she said, “You must have magical powers. You speak only the sometimes difficult truth, but somehow, people are grateful for it, crave it, and change because of it. When I went through it, it felt like magic was happening, around me and through me.”

My ego, of course, loved being told that; who doesn’t want to be seen as magical? However, I had to correct her.

The truth is, there was no magic involved. I didn’t have supernatural powers, and my methods weren’t based on some secret ancient secrets. I was just like her, no different. (I strongly suspect you know I’m no different than you.)

For decades, I’ve focused on one area: one thing I felt drawn to and was naturally skilled at. It wasn’t magic; it was just a deep dive into something that...over time...I learned to navigate in ways that others found very effective. The world is full of people like that.

And here’s the thing: I know you have your own unique skills that would inspire me in ways I can’t even fully express.

There’s something you do effortlessly that would leave me in awe and likely be something I might never be able to do myself...at least not at your level.

We all have that; some people even have several talents like that.

Me? I’m a one-trick pony and admire those who can juggle multiple talents. That kind of versatility is something I really respect. Without additional areas of expertise, I just work with what I do have.

Okay...so why take a detour like I just did in this article? (Hold tight. I’ve got a lot more to say about the deportation of people from this country to disturbingly sub-human conditions of foreign prisons.)

Because I believe we all have a responsibility to identify the skills we’ve developed over the years...and to share them.

Now more than ever, we need to use what we know to help each other and contribute to the bigger picture. That’s what I’m doing now...putting myself out there...even more...because I know I can do more.

I’m hoping you’ll see the value in this work I’m doing and will support it.

The more we can share...the more we can grow...together. And I want you to be a part of that because what we do now can shape everything that comes next.

Thank you for being here. You and you alone are a big part of why I keep going...and I hope you’ll continue with me on this journey.

If you are a FREE subscriber who appreciates the increased number of articles with no paywall...and feel moved to support this newsletter with a $2-a-week paid subscription...Thank you in advance.

Believe me, for 28 cents a day, you’ll continue getting far more than you’re paying for..and even more than that now.

If you can’t...or just don’t want to...I’m still very much grateful you are here. Just share any articles I write that you think others will benefit from and find valuable.

As a supporter/paid subscriber of The Jack Hopkins Now Newsletter, as a show of my appreciation, you’ll get:

* Weekly, Q&A LIVE Video (which is also recorded and available for you to watch at any time)

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(Things I might have heard that week from the contacts I have, that might be different, more extensive/insightful than what you have seen in print or on the news.)

If you can’t...or just don’t want to...I’m still very much grateful you are here.

Okay, now let’s finish the issue of The Jack Hopkins Now Newsletter.

The Danger of Autocratic Governance

The Trump administration’s defiance of the Supreme Court’s order is not just a political or legal issue; it is a profound warning about the vulnerabilities of American democracy.

If left unchecked, this action could set a precedent that undermines the very principles of accountability...rule of law...and judicial independence.

The refusal to comply with the Supreme Court’s ruling not only weakens the U.S. legal system but also empowers other authoritarian regimes..like that of El Salvador...to disregard the norms of international law and diplomacy.

This is a pivotal moment for the future of the United States.

The continued assault on democratic institutions and the normalization of autocratic governance must be met with a determined response from all those who care about the preservation of liberty...justice...and the rule of law. The time to act is now...before it’s too late.

Allow me to add something to this:

It’s something I heard being briefly mentioned on MSNBC as I was writing this. I decided to dig a little. You must know this, as it throws another ingredient in the “Soup of Hell” I’ve been talking about thus far.

As we continue to grapple with the implications of the Trump administration’s blatant disregard for the United States Supreme Court's ruling...a troubling new layer has emerged.

It’s one that sheds light on the increasingly transactional nature of governance...especially as it pertains to immigration and the treatment of individuals who fall through the cracks of the legal system.

Enter Nayib Bukele and Massive Profits:

Enter Nayib Bukele, the populist president of El Salvador...whose actions reveal a starkly opportunistic approach to both deported immigrants and U.S. citizens.

It’s not just about the refusal to comply with the Supreme Court’s order to return a wrongfully deported man to the United States.

A much darker undercurrent of profit-driven motives now appears to be shaping how this administration views its relationship with...not just foreign governments...but with the American legal and judicial system itself.

Bukele’s refusal to return the deported man to the U.S. may, on the surface...seem like a diplomatic disagreement.

However, there is a disturbing possibility (likelihood) that his stance is motivated by something much more cynical: money.

As many have noted, El Salvador's prison system is in a state of crisis...and the country’s government has been increasingly open to the idea of profiting from U.S. immigration policies.

Bukele has expressed a desire to bring both undocumented immigrants and American citizens—particularly naturalized citizens or “border babies,” who may have been caught up in deportation raids...into El Salvador’s prisons...where they would be held for various offenses... including immigration violations.

This arrangement is likely already bringing a stream of funding into his struggling prison system from the U.S. government…which has long been willing to pay foreign governments for detention and deportation services.

In essence...the Trump administration...in its unrelenting pursuit of harsher immigration policies...may be playing right into Bukele’s hands...unknowingly helping to finance a regime that has shown little to no regard for human rights...and even less concern for due process.

A Profitable, Yet Unsettling Arrangement:

The U.S. government has a longstanding policy of paying foreign governments to house detained immigrants in private or public prisons.

These contracts...while controversial...have been a cash cow for governments like El Salvador, which can pocket money in exchange for holding those deemed "undesirable" by the U.S.

The Trump administration has shown itself to be open to cutting deals with foreign governments for the detention of undocumented immigrants...especially in the face of growing pressures to reduce overcrowding in U.S. detention centers.

However, this creates a perverse incentive for governments like Bukele’s to keep their prison systems full...regardless of the human rights abuses that might follow.

There’s an unsettling reality here: By refusing to comply with the Supreme Court’s decision and harboring American citizens or immigrants caught in a complicated legal limbo... Bukele is essentially using the lives of both deported individuals and naturalized citizens to fill the coffers of his government.

This further underscores the financial aspect of the United States' immigration enforcement system. It’s not about justice or the well-being of those affected; it’s about financial leverage...a commodity both governments seem willing to use to further their own ends.

For the Trump administration, this could be an easy way to offload the responsibility for detention onto foreign governments...while allowing El Salvador to cash in on the overflow of detainees.

But in doing so...it risks turning immigration enforcement into a profit-driven enterprise..where the human rights of those detained become secondary to the financial gain of the parties involved.

The Broader Consequences of Financializing Immigration Enforcement

The willingness to engage in such deals for profit carries with it a far-reaching set of consequences.

First, it reveals a dangerous trend of outsourcing the responsibility of enforcing laws in ways that sidestep due process...undermining the rights of individuals who may be wrongfully detained...deported...or exploited in foreign prison systems.

The arrangement could encourage other countries to follow suit...creating a global marketplace for human detention...where political and legal battles over immigration take a back seat to the financial rewards of keeping individuals locked up.

This type of profit-motivated immigration policy further highlights the increasing lack of accountability in the Trump administration’s dealings.

What was once a government focused on upholding constitutional principles and safeguarding civil liberties...is now actively engaging in a system that trades on human lives.

The moral compromise inherent in such deals is staggering.

If America continues down this road...we will be complicit in the commodification of people’s lives...turning individuals into numbers on a ledger...a deeply troubling shift in the fabric of American values.

A Harrowing Future for Immigrants and Citizens Alike

If the Trump administration and Bukele’s El Salvador are allowed to set a precedent for such deals...we may soon see a future where the rule of law no longer protects the rights of immigrants and naturalized citizens alike...but subject to the whims of a transactional...profit-driven system.

Did you see what I did? I said, “...we may see a future where the rule of law no longer protects the rights of immigrants and naturalized citizens alike.”

If someone were to have said that to me, my thought would be, “...we MAY? Goddamnit...we already are!”

This is not just a grave injustice to those who find themselves caught up in this web...it’s a serious blow to the integrity of the American legal system itself.

The long-term effects of this kind of arrangement are deeply concerning.

As more governments become financially incentivized to detain and deport people for profit...the world may very well witness the further erosion of human rights in favor of economic expediency.

What happens when individuals no longer have access to justice because the system is more focused on filling prisons for cash than ensuring a fair process? We are in the process...right fucking now...of finding out.

What happens when countries like El Salvador are incentivized to keep detained individuals in prison for profit...while both the United States and El Salvador turn a blind eye to the basic human rights violations occurring in these detention centers? You and I both know what happens. It’s the stuff of nightmares.

This is not just about the deportation of one man...or one court ruling...it is about a dangerous precedent that is already having devastating consequences for countless individuals.

Human lives should never be treated as currency...and the fact that such an arrangement could even be contemplated...should feel like someone grabbing you by the shoulders and shaking the shit out of you...and underlines the growing threat of authoritarianism that is bypassing the rule of law for the sake of political and financial gain.

A Call for Accountability

The actions of both the Trump administration and President Bukele should not be overlooked.

We must ask ourselves:

How much further will we allow the rights of immigrants and naturalized citizens to be eroded?

How much longer will we tolerate a system that views people as commodities to be exploited?

The need for accountability is more urgent than ever.

We cannot allow a profit-driven agenda to take precedence over the fundamental rights of individuals...and we must demand a system that upholds the rule of law and the dignity of every person, regardless of their immigration status.

I was about to (out of habit) say, “The future of democracy itself hangs in the balance.”

However, that statement would be woefully inadequate.

A much better metaphor is this: Democracy has already been led to the gallows, had a hood pulled over its head, the noose placed around its neck...and the lever pulled. Democracy isn’t hanging in the balance; she’s been hanged already.

The only exception is that Democracy has a powerful neck...and she survived the initial drop without the cervical vertebrae being violently separated and the spinal cord stretched and damaged, culminating in certain death.

The feet of Democracy are swinging at the end of a rope…and those in attendance have already started to weep.

A few keen attendees, however, have heard the almost entirely squelched gasp of “Help me!” and know...her can only withstand 3-4 minutes without oxygen after she loses consciousness.

She’ll either be cut down and resuscitated before that time expires...or there’s no chance of ever bringing her back.

But rest assured...she’s already swinging in the gallows.

Before I go, I just want to say that I hope something in this article elevated your internal sense of, “Fuck this shit! ENOUGH!!”

Why? So that you will have the needed resolve to up your game and do all the “little” things you can do every day...that we already know we can and should be doing...but might not have been doing with the sense of urgency and commitment that we’re capable of.

Above all else, you must keep your mind fixed on what you can do and a fire lit under your ass to compel you to do it. I want to play a part in keeping that fire lit...and your backside warm (hot)...so it’s even easier for you to wake up each day and do those things.

It’s “Oh, shit!” time.

But...and, damnit...don’t you ever forget this: There is a good NEVER a reason to worry. Worry shuts down thinking and freezes us.

However, there are plenty of times to be deeply concerned...and this is one such time. Worry is an intellectual game, with very little fear or anxiety influencing our thinking.

Engaging in worrying will kick your ass...and the ass of the country. We don’t have the luxury of absorbing the damage from that.

Deep concern, however, inspires intelligent ACTION. It gets you moving...and keeps you going forward.

We’re doing this thing together, my friend. Let’s work together. It’s the only way forward that gives us the best chance for success. If we fail...let it be together. Just know it will be because we didn’t work as hard...together...to prevent it.

I don’t think I’ve ever said this in any of my 304-plus issues of The Jack Hopkins Now Newsletter, but I’m saying it now. I love you as a human being.

The more we love each other, the more we’ll think of each other...and we’ll often do more for others...than we’ll do for ourselves. If that doesn’t sound like “Jack Hopkins,” just know it’s just because I don’t usually express that willy-nilly.

However, if right now doesn’t warrant doing so...nothing does.

This was a very long-read. If you’ve read this far...you’re deeply committed to Democracy, and I am grateful.

Best,

Jack