The Real Difference Between Harris and Trump: The Rule of Law: When Gen. Mark Milley, the former Chairman of the Joint Chiefs of Staff calls President Trump, the man he served under, “fascist to the core,” that should set off alarm bells. When Trump then publicly says he would sic the National Guard or even the military on his political opponents, his own words confirm Milley’s worst fears about Trump’s intentions. 

Policy differences in a presidential election are nothing new. They’re healthy. Yet that’s not what this election is about...This time, the real difference between the two candidates – not seen since the days leading up to the Civil War -- is whether they believe in the rule of law.  

Harris believes that the rule of law is central to preserving democracy as we know it. Trump, in contrast, would be “dictator for a day” and would “terminate” the Constitution. 

Under the rule of law, all people, even Presidents, are equal before it, despite the recent decision of the Trump-dominated Supreme Court to immunize Trump and any future President. Project 2025 outlines an extreme authoritarian agenda for a potential second Trump term, a term that would be unchecked by a Trump-dominated Supreme Court and a potentially Trump-dominated U.S. Senate. As outlined in Project 2025, Trump aims to replace civil servants, decision-makers, and military officers with political appointees loyal to him, not the Constitution.  Trump’s efforts to distance himself from Project 2025 are not believable, and his Vice President penned the introduction to the now-embarrassing book form of Project 2025.

Central to Trump’s plans are for mass deportations of immigrants. He would not follow the Rule of Law.  Trump proposes deploying the military for domestic law enforcement, violating the Posse Comitatus Act. Trump would justify this by invoking the Insurrection Act, with no basis other than his desire for retribution. This would begin on “day one,” tearing millions of our neighbors from their families and homes, placing them in camps for eventual deportation. The economic and moral impact on a nation built by immigrants would be devastating.  

Senator McConnell, after the January 6th insurrection, assumed the rule of law would prevail when he pointed to criminal prosecution as the final check on Trump’s lawlessness. However, the Supreme Court's recent ruling on presidential immunity has eliminated that safeguard. Trump has vowed revenge against his political opponents, removing from the Justice Department rule of law considerations when investigating and prosecuting persons he considers his enemies. Court oversight would be ignored:  J.D. Vance has openly declared that a President Trump would and should do whatever he wishes, regardless of judicial pushback.

Harris predicts her future as President as being one of laws: if a law is passed she supports, she will sign it. Trump speaks only in terms of his exercising an extreme level of the President’s own powers: he will seek revenge regardless of what the law says. No significant Presidential candidate since the Civil War has declared he will ignore the Constitution, ignore the courts, and ignore the rule of law, until Trump. We must take him at his word when he tells us what he plans to do. 

Americans must pay close attention. Trump allies are promoting a “second American revolution” to dismantle the administrative state. Trump’s promise to  be a dictator—if only for a day—must be taken at face value. 

Trump and Vance are not just marching us toward replacing our democratic republic with a lawless authoritarian regime—they are leading us toward a country resembling a neo-fascist state. Fascism is characterized by hatred of the other, vengeful nationalism, and the repression of dissent. Fascists reject democracy in favor of a strongman who claims to speak for the people, fuel resentment against cultural elites, and glorify strength and male dominance.

Harris promises something different. She consistently emphasizes the dangers of abandoning our democratic ideals and the rule of law. She understands that America’s strength lies in its commitment to these values and its alliances with other democracies. 

The only real safeguard left is what it has always been: the people. This moment calls for Americans to rise above partisan politics and join a pro-democracy movement that rejects the rise of fascism and authoritarianism. The threat is real, and the consequences are dire.

We cannot stand idly by as the principles that have long defined our nation are eroded. This is not about left or right; it is about right and wrong. It’s about the survival of our democracy.

About the Author 

Daniel C. Schwartz is a former General Counsel at the National Security Agency.