A Close Artificial Reading: Executive Orders, Cabinet Appointments, Congressional Control, FBI, and DOJ

Creative Fiction by TLU, Synthetic Analysis by Perplexity

“Welcome to EDTE 110, Critical Thinking in the Real World. My name is Dr. Underwood. This is a 3-unit hands-on, minds-on class, and you’ll do a lot of documenting, journaling, logging, annotating, and writing. Our first community project will be to seize the moment. We have a new President who is pushing an agenda.”

“Any immediate relevance to a course titled Critical Thinking? Yes, I hear you. Did you hear her? She said she wonders if people are thinking at all. I see the connection.”

“You have a question? You are so right, sir—what’s your name again? This is not a political science course. This is a course in critical thinking.”

“Your assignment? You’re going to learn to argue—mainly with yourself. It’s going to be important that you understand the value of knowledge. You can never know with great confidence the truth of things unless you have thought critically about facts, inferences, and assumptions.”

“I hate to argue, too, that kind of argument. Don’t get sucked into emotional arguments. To argue is not to spit, scream, stomp your feet. Your assignment is to critically analyze. Do you have a clear sense of this word? Yes, that’s right. Find some examples. Does anyone have a bot open?”

*****

“We’re going to work in groups of three for the next three weeks. Each group is responsible for drawing conclusions about what the reality of the moment is. The new President is demanding changes in America. What changes does he want? How is he going about making them? What levers of power is he using?”

“Each group will start with one of four focuses, and let the focus develop from there. Each member will write a journalist’s account of some facet of personal interest 1800 word max for a grade. I don’t care what you do with AI, but THINK. Use every Tool a journalist would have, Hone your inquiry with writing-to-explore strategies, rely on AI to help you do deep analysis, Interact with bodies and bots, don’t forget your Name goes on everything you publish, and Kindle strong and quality work among your peers. THINK.”

The Areas:

1. Trumps Executive Orders

2. Trumps Cabinet Picks

3. Trumps Foreign Communications

4. Trump, the FBI, and the DOJ.

*****

GROUP 3: Trumps Executive Orders

Donald J. Trump has issued a total of 54 executive orders as of February 8, 2025, according to NBC News¹, which is keeping a running tally. Some of these orders have gotten intense public scrutiny while others have flown under the radar.

Each order deserves clear-minded, sober critical analysis by every citizen. Precisely. Shock and awe. Who could take the time? With what expectation of success? We in college. We have to work

This is where a bot comes in. We agreed . It would be crazy not to use Perplexity to do this. Why not?? Because we’re too lazy? We don’t think so.

There is something to be gained through critically thinking through all of the orders as one long utterance, one long and convoluted paragraph with a mega misanthropic topic sentence—a close reading of a body of texts as if they existed like 54 acres and a mule. The bot can get a look from 54 thousand feet at the whole property.

*****

We prompted Perplexity to provide a list of the top ten most significant orders; we left it to GPTo3 to interpret the criteria. The bot would have a much better sense of gravity than any of us.

The selection of these executive orders as the “top ten” is based on their publicity, controversy, and political significance. Here from the bot are the criteria and reasoning behind their inclusion:

Criteria for Selection

1. Public Attention and Media Coverage: These orders have been widely reported in mainstream and alternative media, sparking national and international debates.

2. Legal and Constitutional Challenges: Many of these actions push the boundaries of executive authority, leading to lawsuits or challenges in courts, which amplify their visibility.

3. Policy Reversals or Escalations: Orders that directly reverse or intensify policies from the Biden administration (or even Trump’s first term) tend to draw heightened scrutiny.

4. Impact on Key Political Issues: These orders address polarizing topics like immigration, energy policy, civil rights, and federal governance—issues central to partisan divides.

5. Public Reactions and Protests: Orders that provoke strong reactions from advocacy groups, political opponents, or the public are more likely to dominate headlines.

6. Long-Term Implications: Policies with far-reaching consequences for governance, civil liberties, or international relations tend to garner sustained attention.

*****

So which ones made the top ten list? We were curious as all get out. It wasn’t all that surprising. What we learned after a few more turns of the analytical wheel, as you call it, really seems kind of important.

10. Targeting Sanctuary Cities: Trump signed an order aiming to block federal funding for sanctuary cities that do not comply with immigration enforcement policies, aligning with his broader crackdown on undocumented immigration.

9. Establishing the Department of Government Efficiency (DOGE): Trump created a new agency aimed at modernizing federal operations and improving efficiency through technology reforms and interagency coordination.

8. Freezing Federal Spending: Trump’s Office of Management and Budget temporarily froze trillions in federal grants and loans while reviewing programs funded under Biden-era legislation, creating chaos until a federal judge blocked the move.

7. Death Penalty Expansion: An executive order directed federal prosecutors to pursue the death penalty for capital crimes involving law enforcement officers or undocumented immigrants, regardless of mitigating factors. The order also seeks to challenge Supreme Court precedents limiting capital punishment.

6. Immigration Crackdown: Trump ordered mass deportations, restricted parole programs for migrants from countries like Cuba and Venezuela, and deployed military resources to enforce border security. These measures have drawn criticism for their humanitarian and economic impacts.

5. Revoking Federal Worker Protections (Schedule F): Trump reinstated Schedule F, allowing for easier dismissal of senior civil servants deemed disloyal to his administration. Critics argue this could politicize the federal workforce and erode employment protections.

4. Dismantling Diversity, Equity, and Inclusion (DEI) Programs: Trump signed orders eliminating DEI initiatives across federal agencies and tying federal funding to the removal of such programs in schools and corporations. These actions have sparked debates about their impact on civil rights and workplace diversity.

3. National Energy Emergency Declaration: Trump declared a national energy emergency, expediting domestic oil and gas drilling while pausing offshore wind energy projects. He also withdrew the U.S. from the Paris Climate Agreement for a second time, reversing Biden-era climate policies.

2. Reinstating “Remain in Mexico” Policy: Trump revived the “Remain in Mexico” policy, requiring asylum seekers at the southern border to wait in Mexico while their cases are processed. This order also canceled appointments made through the CBP One app and halted refugee admissions until further review.

1. Ending Birthright Citizenship: Trump issued an order attempting to end birthright citizenship for children born in the U.S. to undocumented immigrants or temporary residents. This controversial move challenges the Fourteenth Amendment and has already faced legal challenges, with its constitutionality likely to be decided by the Supreme Court.

*****

We asked Perplexity to summarize the legal arguments against #10, the sanctuary cities order. Our purpose was to see whether the arguments against order 10 would look like the arguments against 1. Would they be different? Or would they converge? None of us could say why this seemed so important but it felt right. We were so glad we did.

The main legal challenges against Executive Order 14159, which targets sanctuary cities by threatening to withhold federal funding and prosecute local officials who do not cooperate with federal immigration enforcement, are rooted in constitutional and statutory principles. Below is a summary of the key legal arguments being raised:

1. Violation of the Tenth Amendment

• Argument: The Tenth Amendment reserves powers not delegated to the federal government to the states. The lawsuit argues that the executive order unlawfully “commandeers” local governments by forcing them to use their resources and personnel to enforce federal immigration laws.

• Precedent: Courts have repeatedly ruled that the federal government cannot compel state or local governments to carry out federal responsibilities. For example, California’s sanctuary law (SB 54) was upheld during Trump’s first term on similar grounds.

2. Spending Clause Violations

• Argument: The Spending Clause limits ability to impose conditions on federal funding. The lawsuit contends that the executive order exceeds these limits by threatening to withhold funds unrelated to immigration enforcement, such as public safety or disaster relief grants.

• Precedent: In South Dakota v. Dole (1987), the Supreme Court established that conditions on federal funding must be related to the purpose of the funds. Courts have previously ruled that withholding unrelated funds from sanctuary jurisdictions violates this principle.

3. Separation of Powers

• Argument: The lawsuit claims that the executive order usurps Congress’s exclusive power over federal spending by unilaterally imposing conditions on funding through executive action.

• Precedent: Similar arguments were successful in City and County of San Francisco v. Trump (2017), where courts ruled that Trump’s earlier attempt to defund sanctuary cities violated the separation of powers.

4. Due Process Clause

• Argument: The lawsuit alleges that threatening criminal or civil penalties against local officials without clear legal standards violates the Due Process Clause of the Fifth Amendment.

• Precedent: Arbitrary or punitive actions by the federal government against state or local officials have been struck down in prior cases for lack of due process protections.

5. Administrative Procedures Act (APA)

• Argument: The lawsuit asserts that the executive order and related Department of Justice memos fail to comply with the APA, which requires agencies to follow proper procedures when implementing new rules or policies.

• Precedent: Courts have invalidated federal actions that bypass APA requirements, including notice-and-comment rulemaking, as seen in challenges to other Trump-era immigration policies.

6. Overreach Under 8 U.S.C. § 1373

• Argument: The administration claims that sanctuary city policies violate 8 U.S.C. § 1373, which prohibits local governments from restricting communication with federal immigration authorities. However, courts have previously ruled this statute unconstitutional when used to justify punitive measures against sanctuary jurisdictions.

• Precedent: In City of Philadelphia v. Sessions (2018), courts found that § 1373 violated principles of federalism and could not be used as a basis for defunding sanctuary cities.

Conclusion

The legal challenges against Executive Order 14159 are grounded in well-established constitutional principles and precedents from prior cases involving similar attempts by President Trump during his first term. Courts have consistently rejected efforts to coerce state and local governments into enforcing federal immigration laws, making it likely that this order will face significant legal hurdles.

*****

Please analyze the legal arguments against the first ranked executive order. We decided to address the bot on a formal way just to see how it would respond. Didn’t make much difference.

But the arguments against his birth right order are so much deeper than the sanctuary city orders. There, we were talking about making local police do the feds work and withholding funds. Birth right is a total rewrite of the Constitution.

When we present in class, this will be an important point.

The first-ranked executive order, which seeks to end birthright citizenship for children of undocumented immigrants or temporary residents, faces significant legal challenges. The arguments against this executive order are rooted in constitutional interpretation, statutory law, and judicial precedent. Below is an analysis of the primary legal arguments:

1. Violation of the Fourteenth Amendment

• Argument: The Fourteenth Amendment’s Citizenship Clause states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Critics argue that this language guarantees birthright citizenship to nearly all individuals born on U.S. soil, regardless of their parents’ immigration status.

• Key Issue: The phrase “subject to the jurisdiction thereof” is central to the debate. Legal scholars and courts have historically interpreted it broadly to include almost everyone physically present in the U.S., except for children of foreign diplomats or enemy occupiers.

• Precedent: In United States v. Wong Kim Ark (1898), the Supreme Court ruled that a child born in the U.S. to Chinese immigrants (who were not U.S. citizens) was a U.S. citizen under the Fourteenth Amendment. This case has been cited as affirming birthright citizenship for children of non-citizens.

2. Executive Overreach

• Argument: Critics argue that an executive order cannot unilaterally alter constitutional rights or reinterpret constitutional provisions. Changing birthright citizenship would require a constitutional amendment or, at minimum, congressional legislation.

• Key Issue: The Constitution is the supreme law of the land, and its interpretation falls under the judiciary’s purview—not the executive branch. By attempting to redefine who qualifies as a citizen under the Fourteenth Amendment, this order exceeds the president’s authority.

• Precedent: Courts have repeatedly struck down executive actions that attempt to override constitutional provisions or established statutes without congressional approval.

3. Equal Protection Clause

• Argument: The order could be challenged under the Equal Protection Clause of the Fourteenth Amendment if it is found to discriminate against certain groups based on their parents’ immigration status.

• Key Issue: Critics argue that denying citizenship to children born in the U.S. based solely on their parents’ status creates a class of stateless individuals and violates principles of equal protection under the law.

4. Administrative Procedures Act (APA)

• Argument: If implementing this policy requires changes to federal regulations (e.g., redefining citizenship criteria), such changes must comply with the APA’s requirements for notice-and-comment rulemaking.

• Key Issue: Critics may argue that any attempt to enforce this executive order without following proper administrative procedures would violate federal law.

5. Practical and Humanitarian Concerns

• While not strictly legal, opponents argue that creating a class of stateless individuals could violate international human rights norms and treaties to which the U.S. is a party, such as the Universal Declaration of Human Rights, which recognizes every person’s right to nationality.

6. Precedent from State Lawsuits

• States with large immigrant populations are likely to challenge this order in court, arguing that it imposes unconstitutional burdens on state agencies tasked with issuing birth certificates and other documentation.

• Federal courts have previously sided with states in cases where federal policies imposed undue burdens on state resources or violated constitutional protections.

Conclusion

The legal challenges against this executive order are formidable and rooted in well-established constitutional principles and judicial precedents. The Fourteenth Amendment’s Citizenship Clause has been consistently interpreted by courts as guaranteeing birthright citizenship, making it unlikely that this order could withstand judicial scrutiny without a constitutional amendment or significant changes in Supreme Court doctrine.

*****

So what is the likelihood that Trump will be successful? We didn’t expect much, but we did get some good stuff. This is all bot speculation anyway, not of much value beyond exploration. Here’s the raw data.

The evidence for the potential success of Donald Trump’s second-term agenda, as implemented through his executive orders and broader policy initiatives, is mixed and depends on several factors:

---

### **1. Alignment with Project 2025**

- Many of Trump’s executive orders align closely with the *Project 2025* policy blueprint, a comprehensive conservative roadmap designed to reshape the federal government. This alignment suggests that Trump has a well-structured framework to guide his actions, supported by a network of conservative think tanks and experts[1][2][3].

- The rapid implementation of these policies—54 executive orders in less than three weeks—demonstrates organizational readiness and a clear strategy for enacting his agenda[2][3].

---

### **2. Institutional Support**

- Trump benefits from Republican control of Congress, which increases the likelihood of legislative cooperation to complement his executive actions. This support could help solidify his policies and reduce the risk of reversals by future administrations[10][19].

- The appointment of loyalists to key positions, as recommended by *Project 2025*, ensures that federal agencies are staffed with individuals committed to implementing his vision[12][29].

---

### **3. Public and Political Reception**

- Public opinion is deeply divided. While 47% of Americans currently approve of Trump’s job performance (higher than at any point in his first term), the nation remains split on whether his policies will improve or worsen government operations[13].

- Among Republicans, there is strong support for his agenda, with 67% backing most or all of his policies. However, only 55% believe GOP congressional leaders are obligated to support Trump’s initiatives if they disagree with them, indicating potential challenges within his own party[13].

---

### **4. Legal Challenges**

- Many of Trump’s executive orders face immediate legal scrutiny. For example, attempts to end birthright citizenship and restrict asylum access have already been challenged in court[25][39]. These legal battles could delay or block key components of his agenda.

- The reliance on controversial measures, such as declaring national emergencies for immigration and energy policies, risks being overturned by judicial rulings or future administrations[14][25].

---

### **5. Economic and Policy Outcomes**

- Trump’s deregulation efforts and tax policies could stimulate economic growth, as seen during parts of his first term. However, measures like tariffs and mass deportations pose risks to economic stability and may face resistance from businesses and trade partners[4][8].

- His aggressive approach to immigration enforcement and social policy changes aligns with conservative priorities but could provoke backlash from advocacy groups, states, and international allies[5][14].

---

### **6. Historical Context**

- Trump’s ability to quickly reverse Biden-era policies through executive orders demonstrates the power of unilateral action but also highlights its limitations. Policies enacted via executive order are inherently vulnerable to reversal by future administrations[10][25].

- The success of long-term structural changes, such as those proposed under *Project 2025*, depends on sustained political support and the ability to withstand legal and electoral challenges[29][34].

---

### Conclusion

Trump's success will hinge on his administration's ability to navigate legal challenges, maintain public support, and leverage Republican control of Congress. While the alignment with *Project 2025* provides a clear roadmap for achieving conservative goals, the divisive nature of many policies and potential institutional resistance could limit their impact or longevity.

Sources

[1] 37 ways Project 2025 has shown up in Trump’s executive orders https://www.politico.com/interactives/2025/trump-executive-orders-project-2025/

[2] Trump said he hadn't read Project 2025 – but most of his ... - CNN https://www.cnn.com/2025/01/31/politics/trump-policy-project-2025-executive-orders-invs/index.html

[3] Trump's Early Actions Mirror Project 2025 | TIME https://time.com/7209901/donald-trump-executive-actions-project-2025/

[4] An Evenhanded Analysis of Trump's Economic Policies https://www.hoover.org/research/evenhanded-analysis-trumps-economic-policies

[5] Trump's Executive Orders and Latin America: Key Things to Know https://www.wola.org/analysis/trumps-executive-orders-and-latin-america-key-things-to-know/

[6] TODAY: Donald Trump's Extreme Project 2025 Cabinet Picks Take ... https://democrats.org/news/%F0%9F%9A%A8-today-donald-trumps-extreme-project-2025-cabinet-picks-take-center-stage/

[7] Where Trump policies and Project 2025 proposals match up https://www.cbsnews.com/news/trump-project-2025-playbook/

[8] An Overview of President Trump's Trade Policy to Date https://www.hklaw.com/en/insights/publications/2025/01/an-overview-of-president-trumps-trade-policy-to-date

[9] The outlook for US President Trump's second term https://www.weforum.org/stories/2025/01/davos-2025-us-president-trump-takes-office/

[10] Trump's Executive Orders: Policy Shifts and Impacts https://natlawreview.com/article/trump-20-executive-orders-shock-and-awe

[11] What is Project 2025? What to know about the conservative ... https://www.cbsnews.com/news/what-is-project-2025-trump-conservative-blueprint-heritage-foundation/

[12] Here's How Trump's Executive Orders Align With Project 2025—As ... https://www.forbes.com/sites/alisondurkee/2025/02/06/heres-how-trumps-executive-orders-align-with-project-2025-as-co-author-nears-senate-confirmation/

[13] Trump's New Term: US Public Split on Whether Changes Will Be ... https://www.pewresearch.org/politics/2025/02/07/public-anticipates-changes-with-trump-but-is-split-over-whether-they-will-be-good-or-bad/

[14] Eight Impacts of Trump's First Day Executive Orders https://immigrantjustice.org/staff/blog/leading-cruelty-eight-impacts-trumps-first-day-executive-orders

[15] Fact Sheet: President Donald J. Trump Launches Massive 10-to-1 ... https://www.whitehouse.gov/fact-sheets/2025/01/fact-sheet-president-donald-j-trump-launches-massive-10-to-1-deregulation-initiative/

[16] Trump's 2025 Executive Orders | Holland & Knight https://www.hklaw.com/en/general-pages/trumps-2025-executive-orders-chart

[17] Trump's 2025 Executive Orders: Updates and Summaries https://www.hklaw.com/en/general-pages/trumps-2025-executive-orders-updates-and-summaries

[18] President Trump's America First Priorities - The White House https://www.whitehouse.gov/briefings-statements/2025/01/president-trumps-america-first-priorities/

[19] Trump's Exec. Orders: Bold Governance or Dangerous Precedent https://thefulcrum.us/ethics-leadership/trump-executive-orders-2025

[20] A Look at President Trump's America First Trade Policy Executive ... https://www.hklaw.com/en/insights/publications/2025/01/a-look-at-president-trumps-america-first-trade-policy-executive-order

[21] What to expect from the second Trump presidency: 2025 and beyond https://www.davispolk.com/insights/client-update/what-expect-second-trump-presidency-2025-and-beyond

[22] [PDF] Analysis of Trump Day 1 Executive Orders https://www.nilc.org/wp-content/uploads/2025/01/Analysis-of-Trump-Day-1-Executive-Orders.pdf

[23] President Trump Issues “America First” Trade Policy - Mayer Brown https://www.mayerbrown.com/en/insights/publications/2025/01/president-trump-issues-america-first-trade-policy

[24] The outlook for US President Trump's second term https://www.weforum.org/stories/2025/01/davos-2025-us-president-trump-takes-office/

[25] Tracking Trump’s court wins and losses over executive orders, actions https://www.washingtonpost.com/politics/2025/02/07/trump-lawsuits-executive-orders-actions-legal-challenges/

[26] America First Trade Policy - The White House https://www.whitehouse.gov/presidential-actions/2025/01/america-first-trade-policy/

[27] A First Look at the Second Trump Administration's National Security ... https://www.bhfs.com/insights/alerts-articles/2025/a-first-look-at-the-second-trump-administration-s-national-security-and-foreign-policy

[28] Trump’s Executive Orders and Actions Upend Policies at Home and Abroad https://arabcenterdc.org/resource/trumps-executive-orders-and-actions-upend-policies-at-home-and-abroad/

[29] What is Project 2025? Wish list for Trump second term, explained https://www.bbc.com/news/articles/c977njnvq2do

[30] Trump's Executive Orders: What to Expect https://www.cfr.org/in-brief/trumps-executive-orders-what-expect

[31] How Project 2025 Would Devastate Public Education | NEA https://www.nea.org/nea-today/all-news-articles/how-project-2025-would-devastate-public-education

[32] How is Trump's reelection likely to affect US foreign policy? https://www.brookings.edu/articles/how-is-trumps-reelection-likely-to-affect-us-foreign-policy/

[33] Experts: Trump executive orders create foundation for what's to come https://www.raps.org/news-and-articles/news-articles/2025/1/experts-trump-executive-orders-create-foundation-f

[34] Project 2025 Would Destroy the U.S. System of Checks and ... https://www.americanprogress.org/article/project-2025-would-destroy-the-u-s-system-of-checks-and-balances-and-create-an-imperial-presidency/

[35] Eight big ideas for the second Trump administration - Atlantic Council https://www.atlanticcouncil.org/blogs/new-atlanticist/eight-big-ideas-for-the-second-trump-administration/

[36] Trump's Major Presidential Actions & What Experts Say https://instituteofgeoeconomics.org/en/research/trumps-major-presidential-actions-what-experts-say/

[37] [PDF] Project 2025 - Democracy Forward https://democracyforward.org/wp-content/uploads/2024/06/2024-05_Peoples-Guide-Pro-2025.pdf

[38] Trump's second term could bring chaos around the world. Will it work? https://www.cnn.com/2024/11/09/world/analysis-trump-second-term-world-intl/index.html

[39] Trump's Day 1 Executive Orders: Unconstitutional, Illegal, and Cruel https://www.nilc.org/articles/analysis-of-trump-day-1-executive-orders-unconstitutional-illegal-and-cruel/

Total time to put this piece together: Three hours, 51 minutes.

1. https://www.nbcnews.com/data-graphics/tracking-trumps-executive-orders-rcna189571