On the Role of Universities #1

From TPM Reader CA

Thank you very much for the piece on universities.  The connection you draw between social authority and public goods is exactly right.  Indeed, their status of tax-exempt non-profits depends on a version of this bargain.  But I would add to your analysis a problem that I think exists as a condition of possibility for the war being waged by the Trump administration.  This is the twofold shift that took place c. 1980, regarding who pays for education and who benefits from research.

Continue reading “On the Role of Universities #1”

About Those Law Firm Deals

From TPM Reader AK

Just read your posts about this. I realize that law is quaint right now, and I haven’t researched the details. Maybe I’m missing something basic, or alternatively maybe it’s just so obvious that nobody is bothering to say it. But if Trump is extorting millions of dollars of value in his *personal* capacity in consideration for taking or desisting from taking official government action, that seems like a textbook definition of bribery or some other form of criminal misconduct, presumably with no official immunity. 

Continue reading “About Those Law Firm Deals”

Gov’s Mansion Firebombing

You probably saw the reports that there was an arson attempt of some sort at the Pennsylvania governor’s mansion last night on the first night of Passover. The original reports, at least the ones I saw, did not capture the gravity of what happened. “Firebombing” would be the only accurate way to describe the photos released this afternoon by the governor’s office. It’s possible that the original accounts provided to local media themselves didn’t capture the scale of the incident. A late afternoon press conference described it in more detail and released video and photographs. You can see the full collection of photos here. I’m republishing four of them below.

Continue reading “Gov’s Mansion Firebombing”

Trump Anoints Himself With The Power To Secretly Repeal Regulations

Hello, it’s the weekend. This is The Weekender ☕️

No longer content to simply rip up the federal government, President Trump is now reaching into the past to undo agency regulations by fiat. 

Continue reading “Trump Anoints Himself With The Power To Secretly Repeal Regulations”

Why Aren’t We Seeing Any of These ‘Agreements’?

Here’s one thing that’s hardly been discussed as far as I can tell. We know about the Trump “deals” with various law firms. We know about the “deal” with Columbia University, which the administration has now violated to the extent it was ever actually a deal. But where are these deals? What are they exactly? I mean, have these agreements been committed to paper? In every one of these that I have seen each side has a general description of what’s been agreed to but there’s no document that you would have in the real world — or the real non-corrupt world — when two parties agree to something.

Another important question: Who are the parties to the agreements? Are they with the government of the United States or Donald Trump? I think it must be the latter since I’m not sure how you would legally structure such agreements. But that’s another matter. Where are the agreements? Why can’t we see them?

Beyond Showerheads: Trump’s Attempts to Kill Appliance Regulations Cause Chaos

This story first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Donald Trump makes no secret of his loathing for regulations that limit water and energy use by home appliances. For years, he has regaled supporters at his campaign rallies with fanciful stories about their impact. He is so exercised by the issue that, even as global stock markets convulsed Wednesday in response to his tariff plans, Trump took time out to issue an executive order titled “Maintaining Acceptable Water Pressure in Showerheads.”

Contemporary shower fixtures are only one of the items that rankle the president, who complains that “there’s no water coming and you end up standing there five times longer,” making it difficult to coif his “perfect” hair. He has frequently denounced dishwashers that he claims take so long and clean so poorly that “the electric bill is ten times more than the water”; toilets that require flushing “ten or 15 times”; and LED lightbulbs, which he faults for making him look orange.

In his first term, Trump pursued an array of gimmicks to try to undermine the rules. His moves were opposed by industry and environmental groups alike. If it’s possible for regulations to be popular, these ones are. They have cut America’s water and energy consumption, reduced global-warming emissions and saved consumers money. Legal prohibitions stymied most of Trump’s maneuvers back then, and the Biden administration quickly reversed the steps Trump managed to take.

Trump’s executive order on showerheads generated headlines, but it’s likely to have little effect (more on that later). Far more consequential steps have been taken outside the Oval Office.

With the aid of Elon Musk’s Department of Government Efficiency team, Trump appears to be attempting an end run that could succeed where his past attempts failed: by simply terminating the consulting contract that the Department of Energy relies on to develop and enforce the rules. In late March, DOGE’s “wall of receipts” stated that it had “deleted” a Department of Energy contract for Guidehouse LLP (a PricewaterhouseCoopers spinoff) for “Appliance Standards Analysis and Regulatory Support Service,” producing a listed savings of $247,603,000. That item has now disappeared from the DOGE website, and its current status remains unclear.

This has produced confusion for everyone from appliance manufacturers to government officials to the contractors paid to enforce the rules. If the contract is indeed canceled, experts told ProPublica, it would cripple the government’s efficiency standards program, which relies on the consulting firm’s technical expertise and testing labs to update standards, ensure compliance and punish violators.

“It would have a huge impact,” said George Washington University law professor Emily Hammond, who helped run the program as deputy general counsel at the Department of Energy and now serves on its appliance standards advisory committee. “DOE does not have the internal capacity to do that work. Taking that away pulls the rug out from under the agency’s ability to run that regulatory program.”

Appliance manufacturers seem almost as concerned. “This is not a positive development,” said Josh Greene, vice president for government affairs at A.O. Smith, the largest manufacturer of water heaters in the U.S. Terminating the Guidehouse contract, he said, would create “a wild Wild West” where “upstart manufacturers” are free to import poor-quality products because “they know there’s no one to enforce the rules. That’s not good for American manufacturing and it’s not good for consumers.”

The Department of Energy has made no public attempts to clarify the matter. An agency spokesperson did not respond to ProPublica’s requests for comment. Emails to DOGE and the White House brought no reply. And Guidehouse officials, reportedly eager to lay low, also offered no response to multiple requests for comment.

The government’s efficiency requirements originated with the Energy Policy and Conservation Act, signed into law in 1975, when the concern was an energy shortage, not global warming. Today, the Department of Energy is required to set rules for energy and water use by more than 70 appliances and commercial products sold in the U.S. The agency must consider imposing stricter standards for each product every eight years, based on what is “technologically feasible and economically justified.” Manufacturers then have three to five years to make their products measure up.

The Energy Department typically stiffens a requirement only after years of study, comment, negotiation and testing (and sometimes litigation) among industry, consumer and environmental groups. The law also includes an “anti-backsliding” provision that bars relaxation of standards that have been finalized. Guidehouse and its subcontractors have for years performed virtually all the necessary technical work; they also maintain a certification database that U.S. authorities use to keep illegal products from being imported.

Republican lawmakers, anti-regulation advocates and right-wing media have long decried the efficiency rules as an impingement on personal freedom, limiting product choice. The early rollout of water-throttling products produced some of the issues Trump complains about, lampooned in a 1996 “Seinfeld” episode titled “The Shower Head.”

But in the decades since, the standards have been widely embraced, dramatically cutting energy and water consumption, reducing emissions and providing plenty of attractive consumer choices. In 2023, Consumer Reports found that “even the simplest and least expensive showerheads can provide a satisfying shower.” Dishwashers and clothes washers clean better while using less than half as much water and energy as they once did. The transition to LED light bulbs, nearly complete, is estimated to have cut energy bills by $3 billion a year and eliminated the need for about 30 large power plants.

In January, days before Trump returned to office, a Department of Energy report estimated that the efficiency standards are now saving the average American household about $576 a year on their utility bills, while cutting the nation’s energy consumption by 6.5% and water consumption by 12%. A 2022 survey by the Consumer Federation of America found that 76% of Americans support the government setting efficiency standards for appliances.

None of that has slowed Trump’s attacks. During his first term, the Department of Energy ignored legal deadlines for considering efficiency updates on 28 products, blocked the long-planned rollout of new lightbulb rules and sought to bypass finalized appliance standards through byzantine legal maneuvers. Among other things, the Energy Department announced special new “product classes” for dishwashers, clothes washers and dryers that completed their “normal” cycle in an hour or less. This would exempt any such “short-cycle” devices that were introduced from the existing limits on water and energy use.

Manufacturers never brought those models to market. Most existing appliances already had a “short cycle” option that did their job well; those short on time simply had to push that button. And by mid-2022, Biden’s Energy Department had reversed Trump’s regulatory moves. The department went on to issue an array of tightened home appliance rules jointly recommended by industry and consumer groups; most were finalized early enough to be immune from congressional rollback.

This didn’t stop Trump from boasting on the 2024 campaign trail that he had changed everything during his first term. He vowed to fix it all again when he returned to the White House. “Eliminate energy efficiency standards for appliances” was on Project 2025’s list of “needed reforms.”

Sure enough, on his first day back in the White House, Trump issued two executive orders targeting the efficiency rules. On Feb. 11, he posted on Truth Social: “I am hereby instructing Secretary Lee Zeldin to immediately go back to my Environmental Orders, which were terminated by Crooked Joe Biden, on Water Standard and Flow pertaining to SINKS, SHOWERS, TOLIETS, WASHING MACHINES, DISHWASHERS, etc., and to likewise go back to the common sense standards on LIGHTBULBS, that were put in place by the Trump Administration, but terminated by Crooked Joe. I look forward to signing these orders.” (In fact, the rules Trump cited were issued and enforced by the Department of Energy, not the Environmental Protection Agency, where Administrator Zeldin presides.)

None of the standards Trump listed were subject to an executive order, or any other kind of rapid rollback. In simple terms, Trump did not have the legal authority to change these rules.

No matter. Energy Secretary Chris Wright — who had listed “affordability and consumer choice in home appliances” among his top nine priorities — took up the cause. Three days after Trump’s Truth Social post, Wright announced that the Department of Energy was postponing “seven of the Biden-Harris administration’s restrictive mandates on home appliances,” which “have driven up costs, reduced choice and diminished the quality of Americans’ home appliances.” Wright’s list of seven affected “home appliances” actually included three types of commercial equipment and three other regulations long past the point where they could be undone.

That left only one household-product regulation that could be challenged. It involved an item that seemed like an improbable symbol of “freedom” and “consumer choice”: the tankless, gas-fueled hot water heater.

The vast majority of U.S. homes have traditional water heaters with 40- to 50-gallon tanks. By contrast, tankless gas products represent 10% of sales. They are about the size of a carry-on suitcase and heat a stream of water on demand. They’re energy-efficient and roughly twice as expensive as standard heaters.

But the rules governing tankless gas water heaters were vulnerable because they were issued in the final weeks of Biden’s term. That meant lawmakers could reverse them under the Congressional Review Act, which allows lawmakers to block a recently enacted agency rule, if a resolution to do so passes both houses and is signed by the president.

Appearing at the Conservative Political Action Conference on Feb. 20, Wright drew cheers as he offered a Trumpian litany — “My dishwasher has to run for two hours now, and at the end I got to clean the dishes” — before turning to hot water heaters. “We have a factory in the southeastern part of the United States that employs hundreds of people to build a particularly popular product these days,” Wright said. “It is a tankless water heater powered by natural gas,” which he described as “selling like hotcakes.” So, what did the Biden administration do, he asked. “They passed a regulation that would make that product illegal, and that company would be dead.” But under Trump, declared Wright, waving his arms, “we are fixing that problem. That factory is staying open. … America is back, baby!”

Wright returned to “the hot-water thing” in a FoxBusiness interview a month later. Assailing “nanny-state, crazy, top-down mandates that makes it more expensive for American consumers and businesses to buy what they want,” he said the new rule was going to shut down a factory “just built in the southeast United States.” Wright acknowledged that U.S. law bars elimination of other efficiency updates that he and Trump have targeted because they’ve already been finalized. “We can’t officially get rid of them,” he commented. “So we just pushed back the enforcement date, hopefully, to never.”

Wright’s portrayal omitted significant details. The administration’s actions involve a single beneficiary: Rinnai, a Japanese appliance company with $3.3 billion in revenues last year. In 2022, Rinnai opened a $70 million factory south of Atlanta, where about 250 U.S. workers build “non-condensing” tankless gas water heaters, a major moneymaker for the company.

“Non-condensing” tankless heaters are less efficient and less expensive than “condensing” tankless heaters, which reuse heat from their exhaust gases. As a result, Rinnai wouldn’t be able to continue selling them when the new standards went into effect in December 2029.

That, however, wasn’t going to put the company out of business; it wasn’t likely to shut down its U.S. factory, either, though Rinnai raised that specter in government filings where its U.S. president warned the new standards would make the Georgia plant “largely obsolete … eliminating” all its jobs.

Rinnai sells a broad array of products across the world. It also already sold condensing tankless heaters in the U.S. that met the new standard and were imported from Japan. And Rinnai had plans to make them in Georgia, according to the company’s most recent annual report. (Rinnai agreed to make its U.S. chief, Frank Windsor, available for an interview with ProPublica, then canceled twice at the last minute. The company ultimately declined to respond to questions about its public representations.)

Nonetheless, the company, now backed by the Trump administration, has pursued a multitrack campaign to roll back the new standards. Its efforts appear to be on the point of success. A resolution has passed the House and won Senate approval on Thursday. Rinnai has spent $375,000 on Washington lobbyists since 2023, according to disclosure reports. The company also joined with Republican attorneys general in a court challenge to the energy rule.

Three major Rinnai competitors supported the Biden-era regulations. Wisconsin-based A.O. Smith has actively lobbied against Rinnai’s effort to win a congressional rollback. Greene said blocking the standard will “disadvantage” U.S. companies, which have already invested in more efficient condensing technology, by allowing continued sale of Rinnai’s less expensive competing products. “In this time of ‘America First,’ it just seems to us a shame that where we’re heading is rewarding foreign manufacturers,” Greene said. “There should be a level playing field.”

Meanwhile the administration’s campaign has expanded to multiple fronts. On Wednesday, the Department of Energy announced a review of its procedures for energy standards, which one expert described as a reprise of the first Trump administration’s attempts to create procedural hurdles to updating efficiency standards.

Then there was the executive order on showerheads that same day. It, too, seeks to revive a move by the first Trump administration: to circumvent the limits on waterflow by redefining “showerheads” to include multiple nozzles, each of which could emit as much water as the entire showerhead was previously allowed. The Biden-era Energy Department killed that regulation, and Trump is attempting to bring it back while proclaiming that “notice and comment is unnecessary because I am ordering the repeal.”

That order will have virtually no effect because manufacturers have little interest in making showerheads that exceed the current limits, according to Andrew deLaski, executive director of the Appliance Standards Awareness Project, a nonprofit coalition of groups that support the efficiency rules. “The president is asserting king-like authority,” he added, about Trump’s claim that he does not have to follow administrative procedures.

In the end, DOGE could have more of an impact than a would-be monarch, if it’s able to kill the Guidehouse contract. Then, deLaski said, “it would be next to impossible for DOE to enforce its efficiency standards.”

Doris Burke, Mark Olalde and Pratheek Rebala contributed research.

Trump Admin Defies Court Order To Provide Basic Info On Man It Wrongly Deported

GREENBELT, MARYLAND – The Trump administration defied a court order on Friday, telling a judge in writing and verbally that it could not provide information about a man that it admitted it wrongly deported to an El Salvador prison.

Continue reading “Trump Admin Defies Court Order To Provide Basic Info On Man It Wrongly Deported”

Power, Obligation and the Universities

In the mid-80s, when I was a teenager, I had a brief conversation with a successful, well-off doctor. I wasn’t a patient. This person was sort of a family friend. In that conversation he said matter-of-factly but with the air of a let’s-be-real statement that he wouldn’t want to treat AIDS patients because he didn’t want to run the risk of getting AIDS himself.

Some context is important. This was still very early in the AIDS epidemic. The first blood test for HIV only became available in 1985. This was not a callous or uncaring man. And, at least at the margins, it wasn’t yet as clear as it would eventually be just how much risk physicians faced. But the comment stuck with me and I kept thinking about it. I still haven’t forgotten it 40 years later.

Continue reading “Power, Obligation and the Universities”

A Bit of Hesitation?

I reported early this week that DOGE/DHS was poised to close down the Department’s domestic WMD preparedness office. I’m hearing that there may now be some hesitation on pulling that trigger. It’s impossible to know in the DOGE era. They could be reconsidering the decision or one of the DOGE boys could just be on a streak on Fortnight and momentarily distracted. There’s an opinion piece on it today in The Hill too. Of the many things DHS does, preparedness against terrorist attacks using weapons of mass destruction seems like one of the more meritorious. And as I explained in my initial post, it’s a classic DOGE move. The decision appears to be driven not by the substance or effectiveness of what the office does but rather a quirk of its legislative history that make the legal or constitutional impediments to shutting it down a little simpler. Even if you accept the general need to streamline, consolidate, downsize or cost-cut, it should be obvious on its face that that’s not the way to do it.

Credulous Roberts Court Still Pretends To Believe Trump And His DOJ

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

Buckle Up

A potentially big day ahead in the case of the mistakenly deported Kilmar Abrego Garcia.

Following the Supreme Court order last evening directing the Trump administration to facilitate Abrego Garcia’s return from an El Salvadoran prison, U.S. District Judge Paula Xinis of Maryland ordered the Trump administration to file a status update by 9:30 a.m. ET today from an official “with personal knowledge” regarding:

  1. the current physical location and custodial status of Abrego Garcia;
  2. what steps, if any, Defendants have taken to facilitate Abrego Garcia’s immediate return to the United States; and
  3. what additional steps Defendants will take, and when, to facilitate his return.

A short time ago, just before the filing deadline, the Trump DOJ asked for an extension until next Tuesday in a court filing that made little effort to conceal its exasperation with Judge Xinis.

In the meantime, all the parties are due in court at 1 p.m. ET for a status conference that Xinis also called last night. The Trump DOJ asked that to be pushed back until next Wedenday.

As we await Xinis’ response, let’s dive into the Supreme Court order.

The Presumption of Regularity

While the Supreme Court mostly did the right thing in its order last night, it took a helluva long time to get there and still managed to sound like it was pulling teeth to get enough conservative justices on board to form a majority.

The tone of the order was off, leaving it to Justice Sotomayor in her accompanying statement joined by the other two liberal justices to give emotional voice to the outrageousness of the original error in deporting him and in the administration’s non-existent effort to correct its own mistake.

The original deadline for the Trump administration to get moving on the matter was Monday night. The Supreme Court lifted that deadline then took almost three full days to issue its order. Meanwhile, Abrego Garcia has been mistakenly imprisoned in El Salvador since March 15, almost a month now.

The Supreme Court did not spend those three days mustering a full-throated defense of the rule of law or an outraged reprimand of the Trump administration’s slow-rolling of the case. Instead, it issued a strained, tone-deaf order that left open the possibility that some justices might have been content to abandon Abrego Garcia. The order was issued with no noted dissents, but was not labeled unanimous.

The court tossed the Trump administration enough of a bone that Stephen Miller and the Justice Department each managed to trumpet it as a win, a dishonest contention but one the justices brought on themselves.

At base, the Roberts Court continues to treat President Trump and the Justice Department with the traditional levels of deference that have been accorded the chief executive and the government in court. At this point, it requires the embrace of an especially willful blindness to ignore the voluminous examples of that deference being abused for ends that do not serve justice.

For more on the presumption of regularity, some strong on-the-fly analyses by two law professors:

For a less-anguished assessment of the court’s order last night, I’d suggest Cornell law professor Michael C. Dorf.

Mahmoud Khalil’s Fate Could Be Decided Today

An immigration judge in Louisiana could rule as soon as today on whether the government has presented sufficient evidence to deport Palestinian activist Mahmoud Khalil. Ahead of the deadline to show its evidence, the Trump administration filed a thin, undated letter from Secretary of State Marco Rubio that confirms he unilaterally revoked Khalil’s legal status on the basis of Khalil’s political beliefs. The Columbia University graduate remains protected from deportation by a federal court order in New Jersey, where he is challenging his detention and potential deportation on First Amendment grounds.

Trump’s Retribution Scheme Comes Into Sharp Focus

  • NYT: Trump Escalates Use of Official Power to Intimidate and Punish His Perceived Foes
  • Aaron Blake: Trump crosses the Rubicon on ordering investigations of foes
  • Philip Bump: Trump moves to legally enforce 2020 election denialism

Trump Threatens Columbia University With Consent Decree

In a Twilight Zone move, the Trump administration is planning to force Columbia University into a consent decree, which would put the Ivy under the kind of federal court supervision you might be familiar with from cases where public school districts resisted integration or police departments were chronic civil rights violators.

Law Firms Rush To Secure Deals With Trump

Among the major law firms scrambling to strike deals with President Trump to avoid being targeted by his punishing executive orders, according to the WSJ:

  • Latham & Watkins
  • Simpson Thacher
  • Kirkland & Ellis
  • A&O Shearman

In typical Trump fashion, he is lording the deals over the heads of the firms who already caved, describing them as paying “me a lot of money in the form of legal fees,” an inaccurate but telling description of what his strong-arming them accomplished.

Quote Of The Day

Adam Unikowsky, a partner at Jenner & Block, on why law firms should fight the Trump executive orders targeting them instead of striking corrupt bargains with the president:

At core, these settlements reflect an attitude of deep cynicism. Cynicism towards the law firm’s own clients—that they would prefer a law firm that is beholden to the government than one that maintains its ability to provide independent, uncompromised advice. And cynicism towards our justice system—that it is so toothless that the law firm would be better off capitulating than suing even if it prevails. We should be optimistic both about the clients we exist to represent and the justice system we are sworn to uphold.

First Purge Then Install The Loyalists

WaPo: “The Justice Department is building a roster of lawyers willing to defend in court the most controversial parts of President Donald Trump’s agenda, firing career attorneys whom leaders view as standing in their way and hiring dozens of political appointees to carry out the president’s agenda.”

Under My Radar …

I wanted to flag a fews things from this week that I had missed:

  • A criminal defense lawyer in DC scoffs at acting U.S. Attorney Ed Martin and the myriad ways he has made life easer for defense attorneys.
  • In a new court filing, the Trump DOJ cryptically said it “intends to review the government’s theory of the case underlying [the] conviction” of Alexander Smirnov, the former FBI informant who lied about the Biden family’s Ukraine ties and was subsequently prosecuted by Special Counsel David Weiss. It appears to be a potential precursor to dropping the case in which Smirnov pleaded guilty.
  • Trump is trying to quietly wrest control of the U.S. Commission on Civil Rights by removing Democratic chair Rochelle Garzam, who is fighting the move.
  • President Trump issued a memorandum Wednesday that tries to retroactively apply the Supreme Court’s historic Loper Bright decision to repeal existing federal regulations without providing advance notice or going through the traditional public input process.

House GOP Passes Trump’s Big Bill

Despite initial difficulties, President Trump was able to cow the far right in the House GOP conference and Republicans passed the centerpiece of his legislative agenda on a 216-214 party line vote.

Retribution: Greenland Edition

This is all so insane.

After Vice President JD Vance’s controversial, saber-rattling trip last week to a U.S. military installation in Greenland, the base’s commander sent a conciliatory email to everyone on base, which included Greenlanders, Danes, and Canadians, Military.com reported.

After that report, the Pentagon removed Col. Susan Meyers as commander of the 821st Space Base Group.

The Pentagon spokesperson tweeted the Military.com story along with the news that Meyers was being removed from command:

Do you like Morning Memo? Let us know!