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Polling shows that most Americans prefer to live in a democracy—not a dictatorship—despite what President Trump may claim. And two powerful forces within our democracy have proven to be firm impediments against the president’s autocratic designs: the court of public opinion and the court of law.

Introduction

Edited by Tom Joscelyn, Susan Corke and Norm Eisen
Polling shows that most Americans prefer to live in a democracy—not a dictatorship—despite what President Trump may claim. And two powerful forces within our democracy have proven to be firm impediments against the president’s autocratic designs: the court of public opinion and the court of law.

Shortly after ordering his secretary of defense to prepare the National Guard for additional deployments into America’s cities in the summer of 2025, President Donald Trump complained about his critics. “And they say, ‘We don't need him. Freedom. Freedom. He's a dictator. He's a dictator,’” Trump said in a mocking tone. And then he added, more ominously: “A lot of people are saying maybe we’d like a dictator.” More recently, the New York Times asked the president if there are any constraints on his power as commander in chief. “Yeah, there is one thing. My own morality. My own mind,” Trump responded. “It’s the only thing that can stop me.”


In fact, the first year of Trump’s second administration told a very different story. Polling shows that most Americans prefer to live in a democracy—not a dictatorship. And two powerful forces within our democracy have proven to be firm impediments against the president’s autocratic designs: the court of public opinion and the court of law.


We at Democracy Defenders Fund (DDF) are proud to represent the American people in both courts. We are certainly not alone. A resilient coalition including other non-partisan, nonprofit groups, labor and business leaders, liberals and conservatives, current and former government officials, and ordinary people has risen to defend America’s democracy. This coalition has grown over the last year, as protest organizers have brilliantly harnessed widespread discontent to give the people a voice. The number of political protests during the first nine months of 2025 “more than tripled” those held during the same period in Trump’s first term. On Oct. 18, more than 7 million people participated in more than 2,700 “No Kings” events around the country. This protest movement has helped engage and focus the public’s attention on the president’s many excesses. Polling consistently shows a majority of Americans believe Trump is abusing his power.


Opposition to Trump’s desire for unchecked power has increased not only in the court of public opinion, but also in the court of law. Indeed, plaintiffs have brought hundreds of cases challenging the administration’s policies during its first year. The courts have ruled in favor of the plaintiffs—and against the administration—approximately two-thirds of the time. Some of these court decisions have derailed the administration’s unconstitutional and unlawful plans entirely; others have significantly impeded the administration from enacting its agenda, even if they did not lead to outright victory. Either way, Trump’s “own morality” is not the “one thing” stopping him.


Our pro-democracy work at DDF falls into three broad areas: defending the rule of law, protecting elections and fighting corruption. This report contains a series of essays covering how the Trump administration has sought to undermine America’s democracy in each of these areas—and how pro-democracy actors have responded.


Defending the Rule of Law


Following the authoritarian’s playbook, Trump has sought to undermine the rule of law, including the ability of citizens to defend their core constitutional rights. In the first essay in this collection, we assess how the administration has threatened to undermine our rights in many ways. It shows no sign of stopping. But the courts have safeguarded the Constitution, as plaintiffs have successfully sued to block some of the administration’s most egregious actions. The constitutional right to free speech, protections against unreasonable search and seizure, the right to due process, and the assurance of birthright citizenship have all been upheld by the courts.


A second essay provides a brief sketch of the administration’s attempt to subvert the Constitution’s carefully constructed separation of powers, an essential check on autocracy. Here, too, there have been noteworthy successes, including court victories that have blocked the mass firings of hundreds of thousands of civil servants and preserved, at least for the time being, the independence of the Federal Reserve.


The third essay shows how the pro-democracy movement has responded to the administration’s attack on our immigrant communities, including by successfully forcing Trump to withdraw the National Guard from several cities. We and others have scored court wins against ICE as well. Other essays analyze the administration’s willingness to disobey court orders and efforts to undermine civil society by smearing virtually all opposition to its policies as “domestic terrorism.” These are hallmarks of authoritarianism. Some of the administration’s targets have parried attacks in the courts but this will continue to stress test our judicial system. As this report was being written, the administration began labeling senior elected officials in the state of Minnesota as sponsors of “terrorism”—an outrageous pretext for seizing more power and another tactic used by authoritarian leaders.


Protecting Elections


Under the Constitution, states have the power to determine the time, places and manner of federal elections. Congress may pass laws that alter the regulation of America’s elections. But importantly, the president plays no such express constitutional role. Trump attempted to usurp the constitutional power of the states by issuing an Executive Order (E.O.) that would federalize control over America’s elections. Fortunately, the pro-democracy coalition won early legal battles to prevent the administration from enforcing key provisions of the E.O. We at DDF were proud to help win that litigation campaign representing the League of United Latin American Citizens (LULAC).


The essays in this section discuss the dangers posed by Trump’s attempt to limit voting rights and insulate himself from accountability for his unpopular actions. Our experts detail the administration’s other attempts to subvert the election process, including by imposing documentary proof-of-citizenship requirements for voter registration that would make it difficult, if not impossible, for marginalized voters to participate in America’s democracy. The administration is also pushing to create a federal voter registration database that threatens privacy rights. Trump’s attempt to gerrymander a victory in the 2026 congressional midterms election poses a threat to democracy as well. Here, as elsewhere, the pro-democracy coalition has fought back, including by winning a key legal battle over California’s redistricting legislation that Democracy Defenders Action (DDA) helped lead.


Fighting Corruption


While seeking to undermine America’s democracy, Trump has enriched himself and his family. According to one estimate, the Trump family has taken in more than $1.8 billion in cash and gifts since he took office for a second time. One essay in this series explores how Trump has monetized the presidency, profiting from his crypto and other ventures even as he’s supposedly conducting the people’s business. The essay covers the expansion of his real estate projects, mostly in the Middle East, at the same time the administration was negotiating sensitive advanced technology and military deals that affect national security. In addition, Trump’s acceptance of foreign gifts (including a Qatari jumbo jet) and vanity projects (including his White House ballroom) invite donations from foreign governments and business entities who may seek favorable treatment from the federal government. Therefore, Trump’s corruption cannot be viewed as separate from his other threats to democracy. Indeed, corruption fuels authoritarianism, transforming public institutions into tools for personal gain and consolidating power in the hands of a privileged few.


Another essay explores Trump’s abuse of the Department of Justice’s power to persecute his perceived political foes. The president’s campaign of retribution is ongoing, but he has suffered setbacks at the hands of pro-democracy forces. With the help of DDF, two of his highest profile targets have found protection in the courts. The final essay explores Trump’s use of the pardon power for patronage purposes, recommending reforms that could be made to limit such abuses in the future.


Hope for the Fight Ahead


The essays presented here point to the pro-democracy coalition’s many successes during the first year of Trump’s second term. DDF and DDA are proud to be a part of it. These successes provide ample hope that the pro-democracy movement can continue to defend the rule of law, protect our elections and counter corruption for the remainder of Trump’s tenure.


However, hope should not be confused with naïve optimism. We also take stock of the real harms Trump has inflicted on our people and our democratic system. America’s democracy faces its greatest political threat in generations. There are dark days ahead and we will need to show courage. Still, the pro-democracy coalition’s work thus far provides a roadmap for the future. Trump vowed to be a dictator on “day one” of his presidency. He failed. He did not become a dictator that day or on any of the days since.


Together, we can ensure that he does not become one on any of the days to come.

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