Despite containing useful information, a Financial Times story makes some puzzling statements (“Trump Nominee Unites Right and Left with Tough Antitrust View,” Financial Times, March 7, 2025):
Among the loyalists selected by Donald Trump to staff his second administration, Gail Slater stands out for a different reason: she unites right and left with a sceptical view of big business.
While the US president’s other nominees tend to be traditional conservative free market advocates, Slater, his pick to lead the Justice Department’s antitrust division, is expected to maintain the Biden administration’s vigorous approach to enforcement–much to Wall Street’s chagrin. …
Slater embodies the unlikely alignment of progressives who support tough antitrust enforcement and a new generation of populist conservatives.
Who are “the US president’s other nominees [who] tend to be traditional conservative free market advocates?” The “free market advocates” are difficult to find in Trump’s entourage, or they are dumb silent. No free-market advocate can reject free trade among individuals in the way that Trump and his entourage do. As I argued before, the “unlikely alignment of progressives … and a new generation of populist conservatives” is easy to understand. It has only become tighter and more visible. Historically, populist rulers, of the right and of the left, have defended the primacy of collective and political choices against individual and private choices, as the experience of Latin America shows.
Antitrust laws, which grant extraordinary power to the state, are just one illustration. We would expect that such power would naturally be used by the state rulers of the day to take sides in favor of their preferred clientèles and against individuals and groups that do not fit well in their ideal economic organization. It was only a matter of time before this power could, in advanced “democratic” countries, be openly used against “enemies of the state.” It may now be happening in the United States. The Financial Times reports that
a top deal banker said corporate leaders fear that under Trump, antitrust may be used to punish enemies and reward friends in ways that are unpredictable.
That the Department of Justice has opened an investigation into the price of eggs seems to confirm this fear: a scapegoat must be found to explain why the president has not succeeded in lowering food prices “starting on day one” as he had promised (“Justice Department Opens Probe of Sharp Surge in Egg Prices,” Wall Street Journal, March 7, 2025).
It would not be the first time political power has intervened in the administration of justice, but the fact that the DoJ is now quasi-officially at the service of the president’s “vision” makes witch-hunts more probable and more dangerous (“Trump Tightens Grip on FBI and Justice Department,” Wall Street Journal, March 7, 2025). Ten years ago, most Americans probably thought that the danger of state lawlessness had receded since J. Edgar Hoover and Richard Nixon. The Wall Street Journal writes:
While every FBI director since J. Edgar Hoover has taken pains to keep the White House at arms length, the new Trump administration has taken the opposite tack, working to bring the traditionally independent ethos of the FBI and Justice Department firmly within the president’s grasp. …
Louis Freeh, who was director under former President Bill Clinton, irked the president by surrendering his White House access badge during his first week on the job, after learning that Clinton was under investigation for a controversial land deal, which became known as the Whitewater scandal.
James Comey refused to play basketball with former President Barack Obama because he didn’t want to appear too chummy with the man who appointed him.
One of the few areas of public policy where individual liberty seemed to have strengthened over the past several decades was indeed in the quasi-disappearance of the incestuous relationship between politicians and the administration of justice. Of course, the state continued to grow but most individuals seemed better protected against glaring arbitrary power.
Whatever good intuitions and commendable intentions Mr. Trump has—and he has expressed some—they look like random blips likely to fail among his enervated interventionism, his imperial entertainment, and the infatuation with collective choices that he shares with the other major political party. He just wants to impose different tastes and values on the 50.2% of voters who did not vote for him and, tragically, on many rationally ignorant voters in his 49.8%. A grave danger is that this be mistaken for the defense of individual liberty.
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Jean-Baptiste Colbert writing a report for the King, as imagined by DALL-E (with some external influence)
READER COMMENTS
Craig
Mar 13 2025 at 10:57am
Why would a free market advocate consent to work for the government? Bit of a joke but more serious I think it reflects the bias for government action, no? Ie for the government to do something rather than nothibg…..
Jon Murphy
Mar 13 2025 at 11:04am
It’s easier to influence policy when one is involved in crafting said policy. I’ve been involved in helping to craft market-oriented insurance reforms in both NC and LA.
Craig
Mar 13 2025 at 11:16am
We need you in FL! 😉
Warren Platts
Mar 15 2025 at 4:26am
That carpetbagger? No we need him back in MA where he came from! (just kidding: I am happy that Jon is doing well down the river in Louisiana!)
Jon Murphy
Mar 13 2025 at 11:19am
Supply curves slope upward. Make me an offer.
Jose Pablo
Mar 13 2025 at 11:33am
Be careful Jon, it has become fashionable in the US to make offers you can’t refuse.
Ask Zelensky
Monte
Mar 13 2025 at 3:25pm
Where has all this indignation been over the last 4 years? Both administrations have been equally antagonistic towards individual liberty, yet we see pockets of (mostly) liberals flush with anger to the point of cardiac arrest protesting, rioting, and screaming at the tops of their lungs on a daily basis against the Trump brand, causing me to believe that Savage was right: Liberalism is a Mental Disorder. But I digress.
I read your article (Mencken’s Theory of Democracy) and mostly agree with the idee principale of the irrational voter, but I find your espousal of Mencken’s views curious. Mencken was a renowned cynic who despised the common people and believed government should be ruled by intellectual elites. Haven’t you campaigned vigorously against such elitism in your writings?
More troubling to me than the infantilism of which Schumpeter spoke is the rage that politics incites within us, which exponentially intensifies the sunburn of irrationality. We need to stop allowing ourselves to be chivied into fisticuffs by politicians like Dean Philips, who believes that provoking people to anger is “an essential fundraising technique.”
Meaningful politics requires compromise, civility and respect. Getting back to that may decrease our chances of being shot because of a bumper sticker or ball cap.
Pierre Lemieux
Mar 13 2025 at 4:33pm
Monte: As you have seen, I amend Mencken’s famous aphorism in a way you should approve.
Monte
Mar 13 2025 at 11:10pm
I do. One last little quibble. “The value of lying as an electoral asset seems to be on the rise” is a gross understatement. Lying has been on the rise with the birth of politics and has now, with the advent of technology and social media, jumped the shark from vice to virtue. There’s an abundance of unusually good liars in politics today.
“The story of the conflict between truth and politics is an old and complicated one, and nothing would be gained by simplification or moral denunciation” wrote the famous political theorist, Hannah Arendt, in her 1967 essay, Truth and Politics:
But it’s happy hour. In vino veritas!
Pierre Lemieux
Mar 14 2025 at 3:49pm
Monte: Let me add two points in response to your criticism. The first one is related to which ruler should be criticized for bringing his contribution on the road to tyranny. In modern times (contrary to, say, Ancient Greece), a despot is only the last stage in the progression toward tyranny. If rulers A, B, C, D, and (currently) E have all, chronologically, brought their bricks to building future tyranny, it is not a good objection to criticizing E that D helped pave the way. Whether the step of D was smaller or bigger than E’s does not matter as much as the fact that E is now the one who is preparing an easier path for the next one. (Whatever D did is, from our vantage point, a sunk cost.) And this is even truer if C and E are the same person.
The second one is that most libertarians and classical liberals have also criticized Biden (and Obama, and Bush…). For two examples under my pen, see my Regulation articles on “Biden’s Protectionism: Trumpism with a Human Face” (2022) and on Bidenomics (2023).
Monte
Mar 14 2025 at 6:30pm
Thanks for following up, Pierre. I appreciate that you and others in your camp have criticized Bush, Obama, and Biden where it has been warranted. It’s just that the criticisms aimed at Trump have far exceeded, in both number and volume, those of the other presidents you mention. Even the examples you provide seem to be thoroughly salted down with criticisms of Trump, causing the reader to wonder if it’s as much about him as Biden. I’m not disputing what you wrote, just pointing out the “entanglement” (as you put it) that leads one to suspect you view Trump as the “master cylinder” of tyrants.
Regardless, the greater threat is, as you argue, the cumulative path towards tyranny.
Mactoul
Mar 13 2025 at 9:25pm
So everything was going great and all politicians were strictly committed to classical liberalism till the uniquely evil Trump appeared and begin to win elections.
This encomium to American judiciary manages to ignore the fact that personal liberty in America is far more threatened by the authoritarian judges and administrative agencies and their quasi-courts.
Trump himself was victimized by lawfare that has run nonstop since 2016. But he has not run any political prosecution himself– no opposition figure is under threat of arrest and the judges are still merrily issuing injunctions against Trump policies. Indeed, he has stopped prosecution of Democratic mayor of NewYork at some political cost to himself.
Pierre Lemieux
Mar 13 2025 at 10:39pm
Mactoul: Come on!
steve
Mar 13 2025 at 11:01pm
I always find it odd that anyone would claim that we prosecute too few politicians in the US. They are elected officials and should be subject to the same laws and prosecution as the rest of us. If anything, we should be prosecuting lots more of them instead of treating them like royalty like we largely do.
Steve
Mactoul
Mar 14 2025 at 12:05am
In America innocence is no barrier to prosecutorial discretion. If they wish to frame you, then can. And win 97 percent of time too. If you run a business, your underlings can be pressed by plea bargaining techniques to testify against you.
Just address a simple question–why did Trump win when he was convicted of multiple felonies?
Pierre Lemieux
Mar 14 2025 at 4:37pm
Mactoul: You raise very real problems (which are often worse in countries with more arbitrary or less soft tyrannies). See what I wrote in my post “Many of Us at Some Point Did Something” (January 28, 2024). But treating politicians, especially top ones, as above the law (legibus solutus) won’t solve the problem; it will make it much worse.
Pierre Lemieux
Mar 14 2025 at 4:14pm
Steve: In your first sentence, you mean “too many,” not “too few,” right? If so (given what you argue afterward), I totally agree. In fact, today’s rulers have it easy compared to Venice.
An observation by economist Mancur Olson is especially relevant (from his book Power and Prosperity: Outgrowing Communist and Capitalist Dictatorships [Basic Books, 2000], pp. 39-40):
Warren Platts
Mar 14 2025 at 8:37am
Mactoul is right.
Roger McKinney
Mar 14 2025 at 8:23pm
“While every FBI director since J. Edgar Hoover has taken pains to keep the White House at arms length…”
That’s ridiculous! The FBI has always acted as the Stazi for the politicians on power!
Trump and friends are like fascists, a flavor of socialism. They promote family values and state control of the economy.
Lovers of antitrust should wonder why most industries are oligopolies, or cartels. I happened because of regulatory capture. Corporations bribe politicians to put their people on regulatory agencies. Those industry friendly regulators write regulations to protect corporations from competition. The result us cartels
Warren Platts
Mar 15 2025 at 4:18am
zomg that is bad!!
Pierre Lemieux
Mar 15 2025 at 10:48am
My apologies, Warren, but you have awakened the H.L. Mencken in me. I agree with you that they justly defend family values. One of them, following his well-known rational and scientific mode of thought, even ran experiments with them beforehand on former porn stars. (To be fair, another one, three decades before, ran his own experiments in our “cherished Oval Office.”)
Roger McKinney
Mar 15 2025 at 11:54am
I never said family values are bad. Just pointing out that Nazis did the same. It’s a sign of the times that Nazis were pure evil with no redeeming qualities. Family values are good and Nazis were good to promote them. That doesn’t mean their socialism was good. The similarity shows that the far “right” isn’t on the right at all. They are socialists of the fascist flavor.