Trump concedes defeat in surprise announcement - Brian Tyler Cohen

BTC: In an uncharacteristic move, Donald Trump has conceded defeat on one of his top priorities. He just took to Truth Social, writing,



BTC: Now, I should note that the reason Trump conceded defeat here is because he was acting so baselessly, so corruptly that even his 6-3 conservative Supreme Court wouldn't stand behind him. On December 23rd, in a 6-3 decision after Trump had again tried to deploy the National Guard to Chicago in defiance of Governor Pritsker's objections, the court held that the Trump administration had not met the legal burden to justify federal military intervention in Illinois, stating that, "At this preliminary stage, the government has failed to identify a source of authority that would allow the military to execute the laws in Illinois."

Not for nothing, but when this Supreme Court won't side with Donald Trump, the same Supreme Court that created a whole standard out of whole cloth that Trump cannot be criminally prosecuted, the same Supreme Court that decided that section 3 of the 14th Amendment doesn't apply to Trump even though he incited an insurrection that should have barred him from running for federal office again. When that Supreme Court won't side with Trump, it's pretty clear he's lost the plot.

And the reason is simple. There are three conditions that have to be met to be able to deploy the military domestically. Those are a foreign invasion, uh a rebellion or insurrection, or a failure of the local government to be able to effectuate the laws with regular law enforcement. Quite literally, none of those conditions were met that Trump was trying to use to justify his troop deployment. But he didn't care because he thought that he by just declaring by fiat that there was an insurrection or an invasion or a failure of the government to be able to effectuate its laws that that unto itself would be enough to satisfy that condition. He was basically just trying to manifest into reality some non-existent justification so that he can give himself grounds to be able to wield the US military like his own private police force. And it was so misguided that even the conservative justices weren't buying it.

And frankly, the repercussions for Trump extend far beyond just Chicago. I spoke with reporter Adam Klasfeld about that point. Here's what he had to say.

(cut to video)
BTC: Doesn't this really screw Trump in a big way considering he was hoping that the Supreme Court would be there as his backstop, recognizing that he never, you know, satisfied any of these conditions? There is no foreign invasion. There's no rebellion. There's no failure of the local government to be able to effectuate its laws with regular forces. but he was still looking at the six judge block on the Supreme Court to just be able to validate his claims notwithstanding how baseless they were. And so now, you know, as he looks to deploy the troops across the country, if one of those conditions isn't met, which let's be honest, we're seeing in state after state after state, city after city after city, these conditions aren't being met. This really is the Supreme Court holding its ground and telling Trump that we're not just going to be there to write you a blank check uh that you can cash every time you want to be able to you know flex your autocratic muscles and send the military wherever you want.

Adam Klasfeld: That's exactly right. I mean this was a 63 decision where they were saying that you have to reach a much higher standard than any lower court has imposed so far. I mean let me be clear on this. In all the litigation we saw in Portland, in Los Angeles, and in Chicago, there wasn't that high that exacting a standard. So, if Trump doesn't have the support of the local governor under the standard that the Supreme Court set, and right now, I should be clear, this was on an emergency application. This is a preliminary ruling, but they put their reasoning out there and that reasoning sets a high bar. And Trump, as the result of this decision, at least when it comes to sending the military onto US streets, needs to either have the support of the governors or come up with a new plan.

(cut to studio)
BTC: In other words, if he thinks he's going to be able to just circumvent governors and tell them that he has grounds to send the US military into their states despite their objections, he just got a rude awakening and here's why this is especially significant.

I have been beating the drum for literal years now about the ways in which Donald Trump can abuse the US military for his own personal political agenda. For example, back in 2020, he tried to seize the voting machines in Georgia. There were two problems. First, he didn't have the support of his law enforcement agencies. Bill Barr, his attorney general, for example, called the stolen election claims “bullshit” and beyond that, he didn't have the boots on the ground to be able to effectuate his plans, to be able to put them into action. There wasn't anybody in a position to be able to go in and take those machines, even if he did have buy-in from the Bill Barrs of the world.

Now, fast forward to 2026. Trump very clearly has a compliant law enforcement apparatus. Pam Bondi is a tool for Dear Leader. Kash Patel, Dan Bongino, Todd Blanche, these people are nothing more than slavish devotees to their god king. If Trump wants to seize voting machines anywhere, if Trump wants to do anything, he just has to say the word and those people will spring into action very much like what we've seen them do in the past with other Trump edicts. And what better way to spring into action to carry out your corrupt schemes than by having a standing army, a literal standing army there to do your bidding. That is the danger of having troops answerable to the commander-in-chief, Donald Trump, waiting in the states to follow their orders. The fact that the courts have taken that tool away from Trump has an impact that cannot be overstated.

In fact, that is exactly why Senate Democrats released this video.

(cut to video)
Senators and Representatives introduce themselves in stitched together videos: I'm Senator Alyssa Slotkin. Senator Mark Kelly, Representative Chris Deluzio, Congresswoman Maggie Goodlander, Representative Chrissy Houlahan, Congressman Jason Crow.

Kelly: I was a captain in the United States Navy.
Slotkin: Former CIA officer.
Deluzio: Former Navy.
Crow: Former paratrooper and Army Ranger.
Goodlander: Former intelligence officer.
Houlahan: Former Air Force.
Kelly: We want to speak directly to members of the military…
Slotkin: …and the intelligence community…
Crow: …who take risks each day…
DeLuzio: …to keep Americans safe.
Slotkin: We know you are under enormous stress and pressure right now.
Houlahan: Americans trust their military…
Deluzio: …but that trust is at risk.
Kelly: This administration is pitting our uniform military…
Slotkin: …and intelligence community professionals
Crow: …against American citizens.
Kelly: Like us, you all swore an oath…
Goodlander: …to protect and defend this Constitution.
Deluzio: Right now, the threats to our Constitution aren't just coming from abroad,
Crow: but from right here at home.
Kelly: Our laws are clear. You can refuse illegal orders.
Slotkin: You can refuse illegal orders.
Deluzio: You must refuse illegal orders.
Slotkin: No one has to carry out orders that violate the law…
Houlahan: …or our Constitution.
Crow: We know this is hard…
Kelly: and that it's a difficult time to be a public servant.
Slotkin: But whether you're serving in the CIA,
Crow: the Army,
Deluzio: our Navy,
Houlahan: the Air Force,
Kelly: your vigilance is critical.
Slotkin: And know that we have your back
Crow: because now more than ever,
Houlahan: the American people need you.
Slotkin: We need you to stand up for our laws,
Deluzio: our Constitution,
Kelly: and who we are as Americans. Don't give up.
Deluzio: Don't give up.
Crow: Don't give up.
Slotkin: Don't give up the ship.

(cut to studio)
BTC: That was the same video that Donald Trump was up in arms about as he posted that the video was evidence of seditious behavior that was quote punishable by death. Now, to be clear, not only is it not seditious, it's quite literally the law. The military is required to refuse unlawful orders, which of course infuriated Trump because he wanted the law to be the foundation to give unlawful orders in furtherance of his plans to try and steal another election and he didn't want those pesky little details like the Constitution to stand in his way. Hence, the temper tantrum and calls for the death penalty.

Of course, the fact that he's now pulling troops out of our states and cities is a major impediment to his overall plan, which is why he caveated his concession with the warning that he'll try again bigger and stronger next time. Because of course he will. He knows that he and the GOP cannot win on the merits and so they have no choice but to cheat. Especially given the piss poor polling that they're contending with right now. If only they spent all this energy that they're expending trying to cheat, actually trying to deliver for the American people, they might not even need to violate the law and destroy our democracy. But clearly, some things are just not possible.