
Josh Marshall

A couple weeks ago, the clarion of digital wrongdoing in the second Trump administration, Wired, published an article entitled ‘Startup Nation’ Groups Say They’re Meeting Trump Officials to Push for Deregulated ‘Freedom Cities’. I wrote about these guys, or one subset of them, in early January. Dryden Brown is chief of a startup called Praxis, which is in the “business” of founding new sovereign “start up societies.” On paper, he claims to have raised half a billion dollars for his company. But, actually, those are commitments contingent on his founding a new sovereign state. So that’s kind of like a lot of richies committing money to your new unicorn farm contingent on your finding two unicorns. In any case, Dryden had been focused on finding a chunk of land to found a new “network state” in the Mediterranean after getting bounced out of Africa. But once Donald Trump started making noises that Greenland might be on the market, he flew to Greenland to meet with officials and see if he could buy it.
In any case, that’s our boy Dryden. This new piece in Wired is about Trey Goff, the “chief of staff” of a thing called “Prospera,” which is a sorta, kinda “network state” recently established in Honduras, which the current government of Honduras is already trying to abolish. Prospera and a few other “network states” in the making are based on laws for “Special Economic Zones” which exist in some countries. The conceptual structure stems from certain duty-free areas that exist in certain countries, free ports of various kinds which have long existed and have often, but not always, been tied up with the history of European colonialism and, of course, the Special Administrative Regions of China, Hong Kong and Macau. U.S. urban policy has a sort of pale version of this in “enterprise zones” where businesses starting up in a certain area get certain tax benefits or expedited regulatory review. If you read about “Prospera,” a decent amount of at least the surface appeal is having these kind of boutique nerdvilles where tech micro-bros can high five each other because, like, if you want to buy a croissant at the coffee shop you have to pay in bitcoin. Stuff like that. The “government,” very much by design, follows the structure of venture investing, with different classes of stock and thus voting power. All that fun stuff.
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The primary drivers in the creation of the federal Constitution — James Madison and Alexander Hamilton — saw the several states more as problems to be solved or perhaps obstacles to be worked around than critical features of the new American national government they hoped to create. But that’s not how things worked out. The United States does in fact have a federal system, which chief justice of the Supreme Court Salmon P. Chase, just after the Civil War in 1869, described as an “indestructible Union composed of indestructible States.” That is a critical, central fact for anyone thinking about how to defy, delay and undo Donald Trump’s lawless effort to remake the American Republic into an autocracy.
In unitary states, lines of authority go from president or prime minister down to local officials. That’s not true in our federal system. The federal law is superior to state law. But governors don’t work for presidents. Nor do any other officials in state governments, whether they’re governors to state attorneys general or county commissioners or mayors. (The very important exception to this rule are the state National Guards, which in certain circumstances can be federalized and put at the command of the president — a key and potentially ominous detail we’ll return to.) What this means is that there are great stores of legitimate political power and authority in the United States which exist independent of the federal government and the power of the president. Inferior to that power, yes. But independent of it still. And that’s critical.
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A short time ago, former U.S. Attorney Barb McQuade posted this passage from a Chronicle of Higher Education interview with Lee Bollinger, First Amendment scholar, former law school dean and former president of the University of Michigan and of Columbia. I note the thumbnail biography because Bollinger, apart from subject qualities, has ascended to the the peaks of two of the foundational nodes of power in American civil society: the legal profession and the university system.
Read MoreI said like a week ago that I’m pretty confident the GOP is going to get wrecked in the 2026 midterms. You have to imagine a lot of very improbable things happening to imagine anything else. I’m hearing from many readers questioning whether Democrats will show up after this performance. I think they will, though I think there’s a good chance a number of senators will draw primary challengers, and it would be a good thing if they lose so long as they’re in solidly blue states. But we greatly overestimate the impact of enthusiasm and disappointment measured in these terms. Midterm backlashes come from responses far more organic in the population at large. And they’re often as much against their own party’s leadership as against the incumbent party. I see this not only as a misfire and failure to at least take a chance on preserving some of the machinery of the embattled republic. It was also a missed political opportunity. And here I mean politics not simply through the prism of the 2026 election.
Read MoreThis speaks for itself. From NBC News …
WASHINGTON — Vice President JD Vance acknowledged Friday that Elon Musk has made “mistakes” while executing mass firings of federal employees and emphasized that he believes there are “a lot of good people who work in the government.”
“Elon himself has said that sometimes you do something, you make a mistake, and then you undo the mistake. I’m accepting of mistakes,” Vance said in an interview with NBC News.
“I also think you have to quickly correct those mistakes. But I’m also very aware of the fact that there are a lot of good people who work in the government — a lot of people who are doing a very good job. And we want to try to preserve as much of what works in government as possible, while eliminating what doesn’t work.”

It’s hard to write clearly when you’re being flooded with new information. But here goes. I’ve heard people arguing the “‘yes’ on cloture” argument, essentially saying, “don’t assume you can shut DOGE down, undo the damage. It’s not a silver bullet.” I can only speak for myself, but if anyone is thinking, based on the arguments I’ve made, that blocking cloture is a silver bullet and if Democrats just do this we can shut this whole thing down, I haven’t been clear. I will further say that while the things I’ve written over the last week or so make it pretty clear where I stand on this, I have several times had a hard think with myself: are you sure you’re right about this? I’m not sure I’d say this is a close call. But it’s a hard call, for me at least. Both options hold out possibilities of calamity and destruction I’ve never seriously contemplated before. That is simply where we are. I wish we weren’t here. But we are here.
As I’ve written, my ask would be, right out of the gate, “we’ll give you the keys, we’ll give you your bill, if we write down the DOGE plan for each department and agency. And we just do an up or down vote. If you can pass it through Congress, that’s all we ask.” (I’ve explained previously why I think this is a good idea.)
Read MoreI’m trying to bring together the latest information on the funding bill this morning, I have some but not all the morning developments plugged into our cloture tally list. But I wanted to address something closely related but distinct. This has opened up a massive, massive fissure in the Democratic Party, certainly more than anything since the Iraq War vote more than 20 years ago. And I think there’s a good chance it’s bigger, though it’s also true that the overall political situation may evolve and degrade in ways that overshadow it with subsequent events.
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I want to share a few thoughts on what happened today in the Senate.
There was a steady drumbeat throughout the day of senators coming out publicly or telling their constituents they not only opposed the House-produced continuing resolution (CR) but would move to block it on the cloture vote. There was an afternoon caucus meeting that was apparently heated and raucous. Sen. Gillibrand led the charge to allow the CR to go through. A shutdown was worse, she insisted. But behind all this Chuck Schumer was really the driver.
24 hours earlier, Schumer went to floor and announced that Republicans didn’t have the votes for cloture. On first glance it appeared his caucus had decided to defy the President and his congressional party. But it was a ploy. He was playing his voters for fools. It soon emerged that Schumer’s plan was to engineer what amounted to a performative stand-down, a choreographed interlude of opposition followed by the passage of the GOP bill. It would go like this: Democrats refused to allow a vote on the GOP bill. They then force a compromise: Dems vote for cloture in exchange for allowing Dems to offer amendments to the House bill. But that was a farce: giving up the Democrats’ one true point of leverage in exchange for votes that were literally certain to fail. (Democrats are in the minority. On a majority vote they lose.) But over the next day Schumer lost control of the situation. Too many people figured out how Schumer’s switcheroo maneuver worked. And too many Senate Democrats didn’t have the stomach for the public opposition to what was happening. That made the initial gambit impossible. So his only choice was to drop the charade and force the matter. Late in the afternoon he went to the Senate floor, not yet 24 hours later, and announced he would vote to give the Republicans their bill.
Read MoreRep. Raul Grijalva (D), a 12-term member of Congress from Arizona’s Seventh District, has died, aged 77, from complications from ongoing cancer treatment. He was diagnosed with lung cancer last year.

Here’s my best read of where things stand right now up in the Senate.
There does seem to have been some real movement overnight. A lot of senators held virtual town halls or other meetings where they interacted with voters last night. A number moved over into explicitly saying that they will vote against cloture. That’s a reminder to get straight on terminology.
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