U.S. Presidential Power and Surveillance: Concerns of Potential Abuse in a Second Trump Term

For decades, U.S. presidents have wielded vast surveillance capabilities through a network of intelligence agencies, enabling deep scrutiny of citizens’ communications, movements, and interactions. While both political parties have used this power, critics warn that a second Trump term could see this surveillance applied in alarming new ways.

Trump’s Ambitions and Surveillance Implications

Donald Trump, currently the leading Republican contender for the 2024 election and a convicted felon, has suggested plans that raise concerns about potential misuse of presidential powers. If re-elected, Trump has vowed to take action against political opponents and has proposed measures to monitor pregnant women, enforce strict anti-abortion policies, and deport millions of undocumented immigrants. He has also hinted at invoking the Insurrection Act to deploy military forces domestically to manage unrest. Central to his vision is Project 2025, a plan that seeks to replace thousands of government officials with loyalists, amplifying executive influence.

Critics argue that such objectives, paired with the right appointees, could transform surveillance into a tool for targeting dissenters and minorities, drawing historical parallels to President Richard Nixon’s era. Nixon, alongside FBI Director J. Edgar Hoover, led the COINTELPRO program to spy on and disrupt political opponents and civil rights leaders like Martin Luther King Jr.

Lessons from History: COINTELPRO and Beyond

COINTELPRO’s legacy serves as a cautionary tale. A second Trump administration, equipped with modern technology far more advanced than that available in Nixon’s time, could utilize vast data reservoirs that track virtually every aspect of American life. The consequences, experts warn, could be far-reaching. Jeffrey L. Vagle, a law professor at Georgia State University, emphasizes that the erosion of norms like prosecutorial discretion could destabilize the rule of law and heighten the risk of unchecked surveillance.

Legal Loopholes and Data Access

One significant concern is the ability of the government to sidestep traditional legal checks. In recent years, the federal government has purchased data from private brokers without needing a warrant, a practice that could be expanded under Trump. Vagle notes that data brokers capitalize on the availability of personal information, creating opportunities for law enforcement to surveil citizens discreetly.

Patrick Toomey, deputy director of the ACLU’s National Security Project, points out that past administrations have used “national security” as a rationale for profiling and surveillance, often targeting Muslims, immigrants, and minority communities. Under Trump, who has signaled intentions to intensify monitoring of adversaries, these practices could grow more pronounced.

Chilling Effects on Free Speech and Civil Liberties

The potential consequences of an overt surveillance strategy include chilling free speech and suppressing public dissent. “If you think you’re being watched, you act differently,” Vagle says, alluding to the psychological impact of state surveillance. An administration less covert about its methods could openly broadcast surveillance measures to dissuade opposition and control public discourse.

Abortion and State Surveillance

Trump’s proposals on reproductive rights introduce additional concerns. While abortion laws have historically been enforced at the state level, a more aggressive federal approach could emerge if legal precedents shift. This might involve federal support for states looking to track and punish those seeking out-of-state reproductive care, signaling a possible overreach of federal authority.