The briefing memo underscores Trump’s reliance on the judiciary to advance his goals. Michaelis notes that the U.S. Supreme Court’s recent decisions to expand presidential powers could enable Trump to bypass traditional checks and balances.
However, the ambassador offers a glimmer of reassurance, stating that “even the biggest critics assume that [the Supreme Court] will prevent the worst from happening.”
The document further raises concerns about Trump’s ability to exploit legal loopholes for political ends. These include potentially using the military domestically in cases of “insurrection” or “invasion,” an act that could test the boundaries of the 1878 Posse Comitatus Act, which generally bars military involvement in law enforcement.
Michaelis also highlights Trump’s apparent alignment with tech billionaire Elon Musk as a potential risk to media independence. Trump has employed tactics like “lawsuits, threatening criminal prosecution, and license revocation” against critics, according to the report.
Meanwhile, Musk is accused of manipulating algorithms and blocking accounts critical of his platform. The ambassador warns of a “redefinition of the First Amendment,” suggesting a troubling merger of political and technological influence.
Musk’s behavior has already caused unease in Berlin. His public endorsements of the far-right Alternative for Germany party ahead of Germany’s election next month have raised fears of foreign interference. While individual agencies — like the ministry of defense — have left Musk’s platform, the German government remains active on X.