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J. Michael Luttig — the retired Fourth Circuit judge, George H.W. Bush appointee, the one time feeder-judge-to-the-conservative-legal-movement, and the man who advised Mike Pence that he had no authority to throw out the 2020 election — sat down with Nicolle Wallace on MS NOW Monday to give a frank assessment about the state of MAGAland.

We all knew that this day would come. We’ve known it for six years, and then we’ve known it for the past 19 or 20 months. Right now, today, the walls are closing in on Donald Trump, the president of the United States.

And while you might have thought that was true of Donald Trump in the past, given, you know, the two impeachments, four indictments, and felony conviction, Luttig is here to say it’s gotten even worse. Trump “is feeling trapped,” Luttig said. “It’s like a wild animal that’s trapped,” one who is “desperate today, this week” and “will be desperate between now and the midterm elections and then the certification of the new Congress in January.” He said it again, in case anyone was drifting: “Desperate like a trapped animal.”

Then he went bigger, arguing that Trump’s actual problem “is that he’s being entrapped by America itself and all that America has always been.”

America has been the envy of the world and the beacon of freedom and liberty to the world for 250 years, until Donald Trump assumed the presidency and America is no longer that at all. … But now America is slowly fighting back. The walls are closing in on him, and he is desperate at this point. That should worry all of us. And it should worry the world.

And that’s the legitimately scary part, because Luttig’s argument is that the more the system does its job, the more dangerous the guy in the middle of it becomes.

Luttig has earned the benefit of the doubt on this stuff in a way approximately few cable-news guests have. Despite his conservative bona fides, he warned that Trump losing in 2024 would bring the country to the brink of civil war. He went all in on Colorado’s attempt to bar Trump from the ballot under Section 3, and when the Supreme Court gutted it, he called for a constitutional amendment to clean up the mess. He has spent the second term declining to pull punches about where the rule of law is headed while district judges hold the line largely alone.

Pay attention to the deadline Luttig identifies, “the certification of the new Congress in January.” Earlier this month, Luttig published an essay in The New Republic laying out the mechanism for a MAGA coup in detail: a loyal House clerk simply declines to put Democratic representatives-elect on the roll that determines who gets to organize the new Congress, and January 3, 2027 becomes the date American democracy ends — not with tanks, but with a list. It’s a stark warning that feels all too real in the year of our lord 2026.


Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Bluesky @Kathryn1

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