Autocrats above the law

The headline today is clear: lawyers need lawyers. It’s frustrating to focus on the USA given the constant coverage the country already receives, but it would be negligent to overlook this issue. President Donald Trump’s attempts to target law firms that oppose his administration’s agenda are deeply troubling. Lawyers should not have to fear government retribution simply because they represent clients or work with colleagues tied to the political opposition. This is a blatant threat to the rule of law, one designed to stifle free speech.

Politico offers a thorough breakdown of the situation, concluding that, for now at least, the practical consequences might seem relatively minor. The firms being targeted are so expensive that most people can’t afford their services. This isn’t necessarily a comforting thought. The flipside could be argued – that only the most financially robust law firms can afford to take on an expensive battle with Trump’s administration. Many smaller firms may quietly decline controversial cases, prioritising ease over principle, and thus further narrowing access to justice.

Over in France, a different kind of danger faces lawyers following Marine Le Pen’s conviction this week. It sparked a dangerous wave of threats against the judges involved, which were so severe that President Emmanuel Macron has been forced to publicly reaffirm the independence of the judiciary, and one of the trial judges has been placed under police protection.

It is, unfortunately, a sign of the times that bears repeating: lawyers represent clients, but they do not necessarily share their views. Yet here we are, facing the reality of a world where legal professionals are increasingly seen as extensions of their clients’ beliefs, rather than independent advocates of the law – a line trotted out for years in Iran, Russia and China and now finding a home elsewhere.

“As if the coup against democracy wasn’t enough, they cannot tolerate the victims of this coup defending themselves. They want to add a legal coup to the coup against democracy,” said Istanbul’s recently jailed Mayor Ekrem İmamoğlu on the arrest of his lawyer. Mehmet Pehlivan has since been released. But as Pehlivan’s own lawyer poignantly remarked, his arrest was a “warning”. For Turkey’s autocratic leader, the message is clear: beware the clients you choose. For the rest of us, the takeaway is equally urgent: if we don’t stand firm in support of the defenders of justice, the very concept of justice itself could be dismantled.

Has Donald Trump’s hit list been inspired by Viktor Orbán’s?

When Hungarian prime minister Viktor Orbán delivered his annual state of the nation speech in February, he declared the Trump administration was an inspiration. 

But if you look at Orbán’s record you can see that the Hungarian prime minister could actually be the inspiration for Donald Trump’s recent manoeuvres. Orbán was bullying universities, threatening the free press and raging against LGBTQ+ rights way before the second Trump administration started taking aim at those things.

Orbán sees Trump as a “comrade-in-arm[s]” and well he might, as the Trump plan has plenty of resonance with what the Hungarian leader enacted after his second election win in 2010. If Trump had been studying what Orbán had achieved and jotted down notes, he could easily be following the same tick box list of opponents.

Take note of the similarities in language. Orbán talks of: “Pseudo-NGOs, bought journalists, judges, prosecutors, politicians, foundations, bureaucrats – an entire machine that operates the liberal opinion dictatorship and political oppression in the Western world”. This sounds awfully like a Trump speech.

But here’s the thing; Orbán was way ahead of Trump 2.0 in closing down cash flows to universities, which he saw as breeding grounds for opinions he didn’t like.

In 2021, Orbán massively overhauled the way Hungary’s universities were run. A new law meant that 11 universities passed out of state hands and became foundations instead with supervisory boards of politically like-minded people, excluding anyone with “internalist” or “globalist” views, the prime minister said. Several members of the government at the time were installed on these boards including foreign minister Peter Szijjarto. Opposition figures accused Orbán’s government of wanting to control what was taught and researched. “They want ideological control over the universities,” Jozsef Palinkas, a former member of Orbán’s Fidesz party and president of the Academy of Sciences told the German news outlet Deutsche Welle at the time. 

The highly ranked Central European University had already been forced to move its main campus out of Hungary and relocate to Austria in 2019, because of the Orbán government’s continuous attacks on it and its founder, the Hungarian-born, US-based George Soros.

Does this all sound familiar? Trump is in the first round of a bloody battle with US universities, demanding removal of diversity programmes, crackdowns on student protests, and possible changes to the syllabus. 

Already this is bearing fruit. The University of California has agreed to drop a policy where new staff had to fill in a statement about how they would contribute to diversity on campus. Meanwhile, the Trump administration has cut $400 million in research grants from Columbia University. Trump’s team are linking the cuts to criticism that the institution had not done enough to crack down on antisemitism by allowing pro-Gaza protests. Fearful of what might happen next, Columbia has caved to Trump’s threats and has already agreed to give its campus police more power to arrest student protesters and to replace those running its Middle Eastern studies department.

While there were rumblings about the “liberal elite” running US universities during Trump 1.0, these vague threats mostly came to nothing. This time, though, the attack on the university sector is wholehearted. It partly stems from a belief of Trump’s MAGA (Make America Great Again) Republicans that universities and any critical media are part of a bastion of oppression for those with right-wing values. Such a deep and dangerous attack on US universities and their academic freedom via their research funding has never been attempted with this vigour. 

Back in 2021, now vice-president J.D. Vance gave plenty of warning about what might happen next, when he outlined why the Republicans had to take action against “hostile institutions” who control “what we call truth”. Vance said: “If any of us want to do the things that we want to do for our country … we have to honestly and aggressively attack the universities in this country.” That’s clearly what’s happening now.

Amelia Hadfield, head of the department of politics at Surrey University in the UK, said: “Trump is following a long-established autocratic playbook. Dictatorial heads of state including Orbán have for years provided a populist-led model based on a sharp ideological tilt to the right, filleting their state’s reach in terms of social, welfare, and humanitarian and international support whilst repressing anything resembling open debate, let alone criticism.”

Trump has continued his swivel against the liberal media that he began in his first term. He expects uncritical support, otherwise as The Associated Press (AP) has already experienced your access to the White House will be removed. Again Orbán had reached this point earlier on, with a plan to get rid of critical media that might get in his way. 

While Orbán set the groundwork for creating a pro-rightwing media sphere in Hungary during his first term, the hard work really began when he returned to office in 2010. Orbán set out, with a little help from his friends, to force out, close down or neutralise unfriendly media outlets. International media conglomerates such as Axel Springer sold up and moved out as foreign news outlets were vilified, and government advertising contracts were removed from those that didn’t publish pro-Orbán editorials. Meanwhile, wealthy allies of Orbán bought out significant national and regional media. Suddenly it was possible to find all the same stories with the same angles and headlines in news sources across Hungary, all run by Orbán’s friends. 

Orbán and Trump have an awful lot else in common including tough migration programmes and a warm relationship with Russia’s Vladimir Putin. But Trump is moving a lot faster than Orbán did and for those trying to fight back against Trump’s plans to erode media and academic freedoms, one thing they might want at the forefront of their minds is that Orbán has now been in power continuously for 15 years. This is something that Trump might well put on his to-do list, if he can work out how to achieve it.

The freedom to travel is becoming a privilege, not a right

I have a recurring nightmare: I somehow find myself in China. I’m having a great time until I realise I work at Index, might be on a blacklist, and could get arrested at any moment. When I tell my nightmare to people who work in the China human rights space they always reply with the same reassurance: “It would never come to that – you’d simply be denied a visa to begin with or turned away at the border.” After all, such has been the case for several people in our field, most notably Benedict Rogers of Hong Kong Watch and Aleksandra Bielakowska from Reporters Without Borders (RSF) – both sent back on a plane from Hong Kong airport before setting foot in the territory.

This isn’t a China story; it’s a global one. In the article Be nice, or you’re not coming in, which featured in the Spring 2024 edition of our magazine, Salil Tripathi wrote about how critics of Indian Prime Minister Narendra Modi were being denied entry to the country. Penny Vera-Sanso of Birkbeck University in London, Lindsay Bremner from University of Westminster and University of Sussex’s Filippo Osella – all three were turned away upon arrival. Georgia has also perfected the art of entry denial. Following Russia’s full-scale invasion of Ukraine, scores of independent Russian journalists weren’t allowed in, no reason given. The same happened recently to Lithuanian women’s rights advocate Regina Jegorova-Askerova, who was stopped at the border despite Georgia being her home for the past 15 years and her having family there.

Is the USA joining the club? Last week, a French scientist was denied entry to the country. The French government claims it’s because of his criticism of Donald Trump. The US government says it’s instead because he was carrying confidential information on an electronic device, which violated a non-disclosure agreement. A week before this, several members of the British punk band U.K. Subs were turned back at Los Angeles International Airport (LAX). Bassist Alvin Gibbs wondered whether this was because of his public criticisms of Trump or whether that theory was just paranoia. Perhaps we are all jumping to the worst conclusions, but inciting paranoia can be intentional – and it’s certainly infectious. In the past few days, several people have spoken to me about whether they should delete their messaging apps and social media profiles before travelling to the USA, or, for those already there, whether it’s wise to leave, fearing they won’t be allowed back in.

Hong Kong, Georgia, India, the USA – places once regarded as relatively liberal – are now part of a troubling trend where dissenters are kept out with the stroke of a pen. This is the new reality: autocrats share tactics, and the freedom to travel is becoming a privilege, not a right.

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