The issue is not whether you think Harvard (or Columbia, Cornell, etc) or Trump is a greater force for good in the grand scheme of things, the issue is whether Harvard broke the law, and if so, how badly and how consciously; and whether Trump is breaking the law in what he is doing to them. The verb tenses are important because one is a determination about a series of set facts that have occurred. Trump is mercurial and might modify his actions against Harvard a few times before he is done.
I don't write this to call other people stupid. I have been guilty of focusing on the cosmic justice rather than the actual legal issue a few times in my life. It's hard to give up the grand cause.
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