Taking Down Trump 2.0 - Rule 4
Trump is going to stonewall -- but he also outsources everything and relies on a loose collection of underlings and vendors. They can be a rich source of information.
Continuing with our series to apply the rules of Taking Down Trump to the resistance against the new administration, we come to Rule 4. In the book, this relates to litigation: in response to subpoenas or document requests, Trump will typically stonewall and produce virtually nothing, even when legally required to do so. But how does this apply to our current situation?
First, Trump is going to be in litigation. In both his official capacity — as the administration’s actions get challenged in court under the federal Administrative Procedure Act (APA) — and likely in his personal capacity as well, as he gets hit with civil actions for things like fraud and defamation (and a sitting president can face civil suits).
Second, let’s think more broadly — not about litigation per se, but about information generally. It is already clear that the administration is going to shut down a lot of flows of information, blocking federal agencies from making their normal external communications, refusing to provide explanations for their actions, encouraging federal employees to snitch on one another, and then attempting to engage in mass firings of anyone who refuses to toe the line.
In either situation, Trump’s weird modus operandi can be turned against him. He reflexively keeps a very small inner circle of minions he can boss around, but then he outsources virtually everything else. Why? My theory is that it’s so he can ruthlessly refuse to pay them — he gets contractors to do work for him and then denies payment, forcing them to take cents on the dollar, likely a lesson in scorched earth business tactics that he learned from his father Fred. This is what he did to the instructors and vendors for Trump University, it’s what he did to the construction contractors for his casinos, and it’s even what he did to Rudy Giuliani.
But by not fully controlling a lot of his operation, Trump is vulnerable — even if he refuses to produce information, his loose, sprawling network of vendors and underlings become a rich source of material.
This lesson should be adopted and adapted by anyone opposing or investigating Trump now.

Suing the administration? Find all the consultants, all the government contractors and subcontractors, all the outside advisors, everyone who is not technically in the administration but who is involved in the matter — or who received communications about the matter — and pursue all of them for documents, information, and testimony. This should also encompass all the outside organizations who have been involved in planning policies (and drafting executive orders and legislation) for the administration. Some of them will refuse to cooperate, but do not relent. File motions to compel production. Persistence is everything. And the law is the law: they are legally required to comply. Hold them to it.
Journalist trying to investigate an administration action? The same lesson applies. And even if various individuals are in the administration, there is another weakness here. The federal government is now comprised of a very thin layer of Trump appointees floating on top of a giant organization of people who have been there long before Trump arrived and who will still be there for a long time to come. They are not loyal to Trump. They are loyal to their offices, to their co-workers, to their missions.
So yes, file your usual Freedom of Information Act (FOIA) requests, but be prepared for the stonewalling, the run-arounds, the empty promises, the “oh we’ll keep looking,” the dogs eating all the homework.
And in the meantime, don’t hold your breath for the FOIA request to be fulfilled. Look for leakers. Put out calls for leakers. Have a tip line. Make it easy to find.
Washington was a veritable sieve during the first Trump term. As he gets more extreme, expect the leaking to become a torrent.
Next, we’ll explore what happens when some of these third parties part ways with Trump or get forcibly exiled from Trumpland — and what strange alliances may result in the relatively near future.
Marc Elias of Democracy Docket today:
The most common question I receive is how everyday citizens can help in the fight for democracy. My advice is to take the first step, start with something small and see what works for you. Here are ten things all of us can do.
1. Stay engaged
When all the news is about Trump and pardons and lies, it is easy to want to retreat and stop paying attention. Don’t. It is precisely when things are hard that we must all lean into remaining vigilant and informed.
2. Help Democrats
The success of any opposition movement rests on the opposing party taking power. This is not a minor detail; in our system of government, it is the essential goal. Next time you want to attack a Democrat for being too much of this or too little of that, realize that you are only helping the GOP. Instead, find a Democrat you support and volunteer or contribute to their campaign.
3. Don’t do Trump’s Work
This is more than simply resisting Trump’s actions; it is refusing to accept his false assumptions. When he says he wants to abolish birthright citizenship, do not accept the premise that he has the power to do so. Stay grounded in the truth: The U.S. Constitution is clear, Trump is powerless and the courts will reject his efforts.
4. Don’t grade on a curve
This goes both ways. Do not hold Republicans to a lower standard and do not hold Democrats to a higher one. When a Republican does something normal, recognize it is normal not exceptional. When a Democrat does something normal, recognize it is normal and not terrible.
5. Believe in the courts
Republicans control all three elected branches of the federal government. They do not control the courts. Yes, the U.S. Supreme Court has a solidly conservative majority, but the high court only hears a few dozen cases a year. And in some of those, the Court has sided with democracy. Most importantly, remember that Joe Biden confirmed a record number of new federal judges. And, of course, there are state courts. For better or worse, we are dependent on the courts to help protect democracy. Rather than assume they will not, insist they do.
6. Beware of false attacks
Pam Bondi is an election denier. Kash Patel has an enemies list of political opponents. Donald Trump has promised retribution. When you hear that a Trump foe is under investigation, be skeptical. When you read about anonymous leaks against pro-democracy leaders, consider that it may be part of an effort to discredit their work.
7. Support independent media
The legacy media is failing our democracy. Every day brings more news of another billionaire owner or corporate overlord bowing down to Trump. The solution is found in independent news outlets that have no incentive to make nice with the Republican Party. Some of these are broad-based news operations, some are issue specific. Pick a few and subscribe for free. Find one or two that you pay to support. It will go a long way to ensure a vibrant media an ecosystem willing to stand up for democracy.
8. Use your town square
Every one of us has a town square. It may include our social media accounts, our local book club or dinner table. Use your town square to speak out in favor of democracy and against what Republicans are doing. Do not shy away from difficult conversations; seek them out. Engage the curious. Educate those who seek information. We all have a role to play, so don’t assume your voice is too faint or your platform too small.
9. Prepare for a long fight
In 2017, we hoped that Trumpism was a fluke and would pass. We now know it will not. We are in for a long fight and must build and commit to an opposition movement that will stand the test of time. We will have victories and setbacks, good days and bad. We must understand that this will not be over in one election or with the defeat of any one candidate. This is the fight of our generation, and it will take time
10. Don’t give up hope
Our best political movements were hopeful. John Kennedy insisted that “we should not let our fears hold us back from pursuing our hopes.” Bill Clinton was the man from Hope. Barack Obama ran a campaign based on hope and change. Donald Trump and the Republicans want you to give up hope. Despair and cynicism fuel their movement. We must always, in the words of Jesse Jackson, “keep hope alive.”
Not one (1) mention in this Substack post about joining and supporting meaningful "litigation" now being filed by credible organizations.
Meaningful, serious "litigation" like the challenges being filed in the COURTS by organized organizations today.
I'm happy to add my two-cents on how to take the president down:
Do something (other than individual actions) that helps carry the weight of resistance.
Join with thousands of others in Public Citizen, American Civil Liberties Union, Sierra Club -- just to name a few.
Individual resistance (like posting your stuff on Substack) has its limitations. It may make you feel good for the moment. But it's fleeting and ineffectual.
Stop panicking. Organize.