One of the chauvinistic, self-glorifying myths of American liberalism is that the US has especially strong institutions. In this story, trotted out occasionally since 2016 to reassure those who are worried about Donald Trump’s influence, the private and public bodies of American commerce, governance, healthcare and education are possessed of uncommonly robust internal accountability mechanisms, rock-hard rectitude, and a coolly rational self-interest. Trump can only do so much damage to America’s economy, culture and way of life, it was reasoned, because these institutions would not bend to his will. They would resist him; they would check his excesses. When forced to choose, as it was always accepted that they one day would be, between Trump’s demands and their own principles and purposes, the institutions would always choose themselves.
This week put another nail into the coffin of this idea, revealing its valorization of American institutions to be shortsighted and naive. The latest intrusion of reality comes in the form of a deal that Columbia University made with the Trump administration, in which the university made a host of academic, admissions and governance concessions to the Trump regime and agreed to pay a $200m fine in order to restore its federal research funding. The deal marks the formal end of Columbia’s academic independence and the dawn of a new era of regulation by deal making, repression and bribery in the field of higher education.
The story goes like this. After Columbia became the centerpiece of a nationwide movement of campus encampments in protest of the Israeli genocide in Gaza, the university administration began a frantic and at times sadistic crackdown on pro-Palestinian campus speech in an effort to appease congressional Republicans, who had gleefully seized upon the protests to make cynical and unfounded accusations that the universities were engaged in antisemitism. Columbia invited police on to its campus, who rounded up protesting students in mass arrests. This showed that the university would bend to Republican pressure, but did nothing to satisfy its Republican adversaries – who demanded more and more from Columbia, making their attacks on the university the center of their broader war on education, diversity and expertise.
When the Trump administration was restored to power in January, the White House partnered with the Department of Education, the Department of Health and Human Services, the General Services Administration, and the Department of Justice to exert further pressure on Columbia, looking to exert a level of control over the university’s internal operations that is unprecedented for a private institution. This time, the university’s vast federal research funding – issued in the form of grants that enable university scientists, doctors and academics to make discoveries and pursue knowledge that has enormous implications for American commerce, health and wellbeing – was held hostage. Facing the end of its functioning as a university, Columbia capitulated and went to what was euphemistically called “the negotiating table” – really, an exchange on the precise terms of its extortion.
The deal that resulted gives the Trump administration everything it wants. A Trump-approved monitor will now have the right to review Columbia’s admissions records, with the express intent of enforcing a supreme court ban on affirmative action – in other words, ensuring that the university does not admit what the Trump administration deems to be too many non-white students. The Middle Eastern studies department is subject to monitoring, as well, after an agreement in March.
The agreement is not a broad-level, generally applicable regulatory endeavor that applies to other universities – although given the scope of the administration’s ambitions at Columbia, it is hard to say whether such a regulatory regime would be legal. Instead, it is an individual, backroom deal, one that disregards the institution’s first amendment rights and the congressionally mandated protections for its grants in order to proceed with a shakedown. “The agreement,” writes the Columbia Law School professor David Pozen, “gives legal form to an extortion scheme.” The process was something akin to a mob boss demanding protection money from a local business. “Nice research university you have here,” the Trump administration seemed to say to Columbia. “Would be a shame if something were to happen to it.”
That Columbia folded, and sacrificed its integrity, reputation and the freedom of its students and faculty for the federal money, speaks to both the astounding lack of foresight and principle by the university leadership as well as the Trump movement’s successful foreclosure of institutions’ options for resistance. With the federal judiciary full of Trump appointees – and the supreme court showing itself willing to radically expand executive powers and rapidly diminish the rights of other parties in its eagerness to facilitate Trump’s agenda – there is little hope for Columbia, or the other universities that will inevitably be next, to successfully litigate their way out of the administration’s threats. But nor does capitulation seem likely to put an end to the Trump administration’s demands. The installation of an administration-approved monitor seems poised to offer a toehold from which the government will impose more and more limitations on scholarship, speech and association. There is, after all, no limiting principle to the Trump administration’s absolutist expansion of its own prerogatives, and no way for Columbia to ensure that its funding won’t be cut off again. The university, in time, will become more what Trump makes it than what its students do.
Meanwhile, the Trump administration is likely to use its experience at Columbia as a template to extract substantive concessions and big payouts from other institutions. And these are not just limited to universities. On Thursday, the day after Columbia’s capitulation, the Federal Communications Commission approved the merger of Paramount and Skydance. The pending merger – and the Trump administration’s threat to squash it – had been a rumored motivation for CBS’s decision to pay Trump millions to settle a frivolous defamation suit; it was also rumored to have caused an outcry at the CBS news magazine program 60 Minutes and the end of the evening talkshow The Late Show With Stephen Colbert, when writers, journalists, and performers on those shows stood by their critical coverage of the president or mocked the deal their bosses paid him. The shakedown, after all, is a tactic that lots of institutions are vulnerable to, and Trump is already using it effectively to stifle some of the most visible forms of dissent. The institutions are not standing firm against him; they are capitulating. They are choosing their short-term interest over their long-term integrity.
