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The Trump Administration Has Perfected the Performance of Legality

This administration understands that pantomiming rule-following allows it to pursue its ultimate objective of justifying whatever intervention it may deem necessary.

President Donald Trump, alongside deputy chief of staff Stephen Miller, CIA Director John Ratcliffe, Secretary of State Marco Rubio, Secretary of Defense Pete Hegseth, and Chairman of the Joint Chiefs of Staff Gen. Dan Caine, speaks to the press following US military actions in Venezuela, at his Mar-a-Lago residence in Palm Beach, Florida, on January 3, 2026.

This article originally appeared at TomDispatch.com. To stay on top of important articles like these, sign up to receive the latest updates from TomDispatch.com.

In response to his sentencing following his conviction on 34 felonies in May 2024, President Trump stated that he had “won the election in a massive landslide, and the people of this country understand what’s gone on. This has been a weaponization of government.”

Despite his conviction, Judge Juan Merchan sentenced him to an unconditional discharge with no consequences like prison, probation, or even fines. The judge determined that this was the “only lawful sentence” that avoided infringing on the authority of the presidency. Had that been Donald Trump’s first encounter with the law (which, of course, it wasn’t), it would have been a stark lesson in impunity.

It’s no surprise then that, in an interview last year with Kristen Welker on Meet the Press, when asked about his obligation to uphold the Constitution, Trump responded, “I don’t know.” In his conversation with Welker, he also defied a Supreme Court decision that ordered the return of immigrant Kilmar Armando Ábrego García from El Salvador, where he had been deported thanks to what the Trump administration termed “an administrative error.” Blaming the deferral of that decision on Attorney General Pam Bondi, the president stated that he was “not involved in the legality or illegality” of the case.

Despite his seemingly ambivalent feelings in that interview, he has emphatically asserted his position with respect to the law elsewhere, especially when it came to him. For example, on February 16, 2025, he wrote on X, “He who saves his Country does not violate any Law.” Nonetheless, outright violations of the law have been a signature characteristic of his administration writ large. For example, last March, when Judge James Boasberg ordered the return of planes carrying migrants being deported from the United States to El Salvador’s CECOT prison (known for its brutality), Department of Homeland Security Secretary Kristi Noem instructed the two flights to continue in clear violation of the court order. The Justice Department would subsequently argue in a court filing that the administration hadn’t violated the judge’s order because the flights carrying the migrants were no longer over US territory when the ruling was issued.

In short, although the attitudes of President Trump and his administration toward legality have been guided by the belief that their power is in no way meaningfully constrained by the law, it would be a mistake to assume that they’ve governed through lawlessness alone. To focus solely on lawlessness would be to minimize the way the president and his administration have simultaneously relied on and weaponized the law itself to legitimize their violence and their violations. They have pursued an America First strategy that has centered on the expansion of executive power and the protection of narrowly defined national interests, while tossing aside both human rights and international legal norms. To fully grasp the depths of the Trump administration’s violence, lawlessness must be examined alongside the strategic use of the law to manufacture a sense of legality and a facade of legal legitimation.

Legalizing Boat Strikes to “Save Americans”

On Tuesday, September 2, 2025, on President Trump’s order, US military forces conducted an airstrike against a boat that the administration claimed belonged to the Latin American gang Tren de Aragua, which he had previously designated a terrorist organization and described as “narcoterrorists.” Since that first strike conducted in the waters of the Caribbean Sea, there have been 46 subsequent boat strikes in both the Caribbean and the eastern Pacific Ocean that have killed 147 people to date. Despite the view of legal experts that such strikes are illegal extrajudicial killings, the Trump administration has insisted on their legality. In late November, for example, “Secretary of War” Pete Hegseth stated on X that “our current operations in the Caribbean are lawful under both US and international law, with all actions in compliance with the law of armed conflict—and approved by the best military and civilian lawyers, up and down the chain of command.”

The approval Hegseth referred to came in the form of a memorandum from the Justice Department’s Office of Legal Counsel. Although that memo has not been made public, sources familiar with its contents report that it frames the strikes as acts of collective self-defense undertaken in the interests of the United States and several Latin American countries. The memo also argues that, because the United States is in an armed conflict with the drug cartels, the strikes don’t require congressional approval, being both in the national interest and sufficiently limited in scope, nature, and duration not to qualify as war-making. That memo has been criticized in numerous ways, with some experts insisting that the legal arguments are not only flawed, but were put together to legitimize a political decision already made by the White House.

In the last quarter-century of the War on Terror, weaponizing the label of terrorism has been repeatedly invoked to justify repressive interventions. As........

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