Tag Archives: Donald Trump

Let Justice Be Done

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Our former president has finally been charged with committing four felonies in order to remain in office after losing the 2020 election. The government has identified six co-conspirators who will presumably be charged at a later date. Charging the former president alone will allow the proceedings against him to go more quickly. He wasn’t charged with a crime like seditious conspiracy, no doubt because the other charges are easier to prove (and he didn’t personally break into the Capitol building). The case has been  assigned to Judge Tanya Chutkan, who was nominated by President Obama. The defendant is schedule to appear in court on August 3.

Special Counsel Jack Smith recommended that we read the 45-page indictment, which is available here.

What follows is the indictment’s introduction. It describes the three counts involving conspiracy (the other count is non-conspiratorial Obstruction of, and Attempt to Obstruct, an Official Proceeding—18 U.S.C. §§ 1512(c)(2), 2, which is based on the same evidence).

1. The Defendant, DONALD J. TRUMP, was the forty-fifth President of the United States and a candidate for re-election in 2020. The Defendant lost the 2020 presidential election.

2. Despite having lost, the Defendant was determined to remain in power. So for more than two months following election day on November 3, 2020, the Defendant spread lies that there had been outcome-determinative fraud in the election and that he had actually won. These claims were false, and the Defendant knew that they were false. But the Defendant repeated and widely disseminated them anyway—to make his knowingly false claims appear legitimate, create an intense national atmosphere of mistrust and anger, and erode public faith in the administration of the election.

3. The Defendant had a right, like every American, to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud during the
election and that he had won. He was also entitled to formally challenge the results of the election through lawful and appropriate means, such as by seeking recounts or audits of the popular vote in states or filing lawsuits challenging ballots and procedures. Indeed, in many cases, the Defendant did pursue these methods of contesting the election results. His efforts to change the outcome in any state through recounts, audits, or legal challenges were uniformly unsuccessful.

4. Shortly after election day, the Defendant also pursued unlawful means of discounting legitimate votes and subverting the election results. In so doing, the Defendant
perpetrated three criminal conspiracies:

a. A conspiracy to defraud the United States by using dishonesty, fraud, and deceit to impair, obstruct, and defeat the lawful federal government function by which the results of the presidential election are collected, counted, and certified by the federal government, in violation of 18 U.S.C. § 371;

b. A conspiracy to corruptly obstruct and impede the January 6 congressional proceeding at which the collected results of the presidential election are counted and certified (“the certification proceeding”), in violation of 18 U.S.C. § 1512(k); and

c. A conspiracy against the right to vote and to have one’s vote counted, in violation of 18 U.S.C. § 241. Each of these conspiracies—which built on the widespread mistrust the Defendant was creating through pervasive and destabilizing lies about election fraud—targeted a bedrock function of the United States federal government: the nation’s process of collecting, counting, and certifying the results of the presidential election (“the federal government function’).

Our Former President Invites an Odious Comparison

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You’ve probably heard that the first person to mention Hitler or the Nazis automatically loses the argument. That’s not true, of course, but it does suggest that Hitler or Nazi comparisons shouldn’t be made lightly. (This adage is different from Godwin’s Law, which says “As an online discussion continues, the probability of a reference or comparison to Hitler or Nazis approaches 1”.

Yet, these days, with America’s right wing becoming ever more extreme, it’s natural to wonder how far they’ll go. Journalist Brian Beutler names a few names:

We see all around us people clothed in immense power whom we know, to a practical certainty, would have been enthusiastic allies to George Wallace or Jefferson Davis or even Adolf Hitler, and we see many, many more who would quite evidently have made their peace with segregation, or slavery, or genocide as an acceptable moral compromise for maintaining their wealth or social sway. 

It’s a testament to the durable temptation of wickedness—to the fact that “Never Again!” without constant vigilance is a chant of delusion. But it’s also prima facie evidence that we remain insufficiently vigilant, or that a large subset of liberals is in denial about the totalitarian temptation washing over the right. The people would side with us overwhelmingly if they understood the stakes this way, but all too frequently we won’t even tell them. 

Anybody who’s paid to write or speak for a big corporation like The New York Times or a smaller one like the Corporation for Public Broadcasting needs to come across as fair and balanced. That’s a big problem if the subject they’re writing or speaking about, American politics, is no longer balanced at all. What words are appropriate when there is news like this, in this case reported by the Times:

[The former president] and his allies are planning a sweeping expansion of presidential power over the machinery of government if voters return him to the White House in 2025, reshaping the structure of the executive branch to concentrate far greater authority directly in his hands.

Their plans to centralize more power in the Oval Office stretch far beyond the former president’s recent remarks that he would order a criminal investigation into his political rival, President Biden, signaling his intent to end the post-Watergate norm of Justice Department independence from White House political control.

[He] and his associates have a broader goal: to alter the balance of power by increasing the president’s authority over every part of the federal government that now operates, by either law or tradition, with any measure of independence from political interference by the White House, according to a review of his campaign policy proposals and interviews with people close to him.

[He] intends to bring independent agencies — like the Federal Communications Commission, which makes and enforces rules for television and internet companies, and the Federal Trade Commission, which enforces various antitrust and other consumer protection rules against businesses — under direct presidential control.

He wants to revive the practice of “impounding” funds, refusing to spend money Congress has appropriated for programs a president doesn’t like — a tactic that lawmakers banned under President Richard Nixon.

He intends to strip employment protections from tens of thousands of career civil servants, making it easier to replace them if they are deemed obstacles to his agenda. And he plans to scour the intelligence agencies, the State Department and the defense bureaucracies to remove officials he has vilified as “the sick political class that hates our country.”.

[He] and his advisers are making no secret of their intentions — proclaiming them in rallies and on his campaign website, describing them in white papers and openly discussing them….

“What we’re trying to do is identify the pockets of independence and seize them,” said Russell T. Vought, who ran the Office of Management and Budget [for the former president].

The Times reporters don’t draw the obvious conclusion. In response to the Times article, Ryan Cooper of the American Prospect does:

Donald Trump is plotting to make himself dictator. His plan it to make the federal government his plaything, and many Republican elites are behind him.

When Vladimir Putin came to power in Russia in 1999, he did not become dictator overnight. It took him many years to crush independent media, make the oligarch class dependent on him, and suppress organized political opposition… That process of power consolidation has accelerated since the invasion of Ukraine, as the former “hybrid regime” with some tacit limited freedoms has become a full-blown autocracy.

Trump is openly planning something similar, should he win the 2024 election…. Given [his] history, it’s clear that should he become president again, he will try to set up a dictatorship….

When [he] first came to power, he had little idea of how the federal government worked or even what he wanted to do with it, much less how to bend it to his will….

Eventually, [he] figured out how to get what he wanted. The answer was not to conform his acts to the existing system, but to break it. By issuing hundreds of executive orders, threatening those who stood in his way, and above all installing cronies throughout the executive branch and the judiciary, he could break through the procedures and norms that had constrained previous presidents (which turned out to be a lot more feeble than many assumed).

By 2020, Presidential Personnel Office head John McEntee was running a plan to install Trump stooges throughout the federal bureaucracy even over the objections of Trump’s own Cabinet members.

This process culminated in the attempted putsch on January 6, 2021, which as usual was poorly planned and led, yet got alarmingly close to success nonetheless. For the first time in American history, a fascist mob sacked the national legislature and disrupted the process of transferring power—all under the direction of the losing president, who was trying to cling to power through violence….

The Times report is characteristically stuffy about what is going on here. Yet the reporters got enough [of his] cronies on the record to make the stakes abundantly clear. The plan is called Project 2025—a transition project … with the explicit purpose of making the entire government beholden to [the president’s] every whim…. The only way to satisfy his craving for limitless money and power, and to inflict ruthless vengeance against his enemies, is to turn the presidency into a dictatorship.

[He] won’t necessarily succeed, even if he does win the election—it is unwise for a would-be autocrat to cultivate deep unpopularity among the armed forces, just for starters—but that is what he’s determined to do.

The Hitler of 1943? No. The Hitler of 1933? The evidence is clear.

One Came from Austria and Loved his Dog. The Other Came from Queens and Didn’t Have One.

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They say the first one to mention the Nazis automatically loses the argument. But anyone who reads a Hitler biography has to be struck by the similarities between the German dictator and a recent president. Among the similarities: They both claimed to be extraordinary, to have knowledge and abilities they didn’t possess. They raged against imaginary enemies. They blamed others for anything that went wrong, never themselves. They told lies by the truckload. They couldn’t be trusted. They ignored the law whenever it suited their purposes. They were psychologically insecure and viewed mild criticism as disloyalty. They came to power with the help of those who knew better. They convinced millions of their fellow citizens to follow them blindly, many to the point of their own destruction.

The final paragraph of Volker Ullrich’s two-volume biography of the mass murderer:

“We are not and cannot be done with confronting Adolf Hitler”, wrote the Catholic author Reinhold Schneider in 1946. “In a certain sense, we will be bound to him for all eternity.” Schneider’s words remain pertinent today. Hitler will remain a cautionary example for all time. If his life and career teaches us anything, it is how quickly democracy can be prized from its hinges when political institutions fail and civilizing forces in society are too weak to combat the lure of authoritarianism; how thin the mantle separating civilization and barbarism actually is; and what human beings are capable of when the rule of law and ethical norms are suspended and some people are granted unlimited power over the lives of others.

Charge Him Now: Obstruction of Justice

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Remember this? It was news in May 2019:

President D___ T___ would have been indicted for obstruction of justice in special counsel Robert Mueller’s investigation if he did not hold the nation’s highest office, nearly 700 former federal prosecutors argued in an open letter published on Medium on Monday.

The ex-prosecutors — who have served under both Republican and Democratic administrations dating back to President Dwight D. Eisenhower — said Attorney General William Barr’s decision not to charge T___ with obstruction “runs counter to logic and our experience.”

The letter added, “Each of us believes that the conduct of President T___ described in Special Counsel Robert Mueller’s report would, in the case of any other person not covered by the Office of Legal Counsel policy against indicting a sitting President, result in multiple felony charges for obstruction of justice.”

“We believe strongly that, but for the OLC memo, the overwhelming weight of professional judgment would come down in favor of prosecution for the conduct outlined in the Mueller Report,” the letter continued.

The Mueller report cited 10 episodes indicating that T____ could be prosecuted after he left office. He left office more than six months ago, but there is no sign so far that the Department of Justice is pursuing the matter.

Before leaving office, the former president also tried to overturn the results of the election. I’m not sure there is anything in federal law that explicitly makes that behavior illegal. The laws against treason and sedition are narrowly written and may not apply to a president doing everything he can to illegally remain in office. Congress probably never imagined that kind of behavior.

Nevertheless, this latest news is remarkable:

Former President D____ T____ . . . explicitly pressured {the acting attorney general] to declare the 2020 election “corrupt” in a December phone call, according to documents published Friday by the House Oversight and Reform Committee. [They are] the most recent evidence of T____’s extraordinary campaign to overturn the election’s results.

The House committee—which is investigating the T____ administration’s potentially unlawful efforts to influence the outcome of the election—made public notes taken by former acting Attorney General Jeffrey Rosen’s deputy, Richard Donoghue, during a Dec. 27 phone call between T____ and top officials from the Department of Justice.

In the notes summarizing the call, Donoghue recalled T____ asking Rosen and other top officials to “just say that the election was corrupt + leave the rest to me” and congressional allies [Forbes].

But, according to The Guardian:

D____ T____ insisted on Saturday that when he told senior justice department officials to “Just say that the election was corrupt [and] leave the rest to me”, he was not attempting to subvert US democracy, but to “uphold the integrity and honesty of elections and the sanctity of our vote”. . . .

One Washington editor, Benjy Sarlin of NBC News, wrote on Twitter: “We can’t take a continuous historic scandal for granted just because he says it out loud all the time. These are Watergate-level allegations.”

On Friday, Carolyn Maloney, chair of the House oversight committee, said: “These handwritten notes show that President T____ directly instructed our nation’s top law enforcement agency to take steps to overturn a free and fair election.”

If that isn’t treason or sedition, strictly speaking, it sure sounds like “interference with the orderly administration of law and justice”, i.e. obstruction.

The Department of Justice has work to do in the matter of former president D___ J. T____.

Or doesn’t the rule of law apply to him?

The Bestest Words of All, the Strongest Perfect Words

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Today, from the actual mouth of our actual president:

I’ve always known this is a real — this is a pandemic. I felt it was a pandemic long before it was called a pandemic.

Yes, and when the first cases were reported in China, our president began working very strongly on a vaccine in his White House laboratory that will be available to everyone, in a very short time, the greatest vaccine ever, fantastic. If only the do-nothing Democrats and the fake media hadn’t underestimated the problem and fought him every step of the way. Thank you, thank you, Mr. President!

But perhaps a review of the president’s statements reveals a less heroic approach to the problem?

Elsewhere in the reality-based world, Politico has a tracker showing the number of tests being performed in the US state by state, including the results.

For another dose of reality, The New York Times offers “Inside the Coronavirus Response: A Case Study in the White House Under T—-“. 

Senior aides battling one another for turf, and advisers protecting their own standing. A president who is racked by indecision and quick to blame others and who views events through the lens of how the news media covers them. A pervasive distrust of career government professionals, and disregard for their recommendations. And a powerful son-in-law whom aides fear crossing, but who is among the few people the president trusts.

The culture that President T—- has fostered and abided by for more than three years in the White House has shaped his administration’s response to a deadly pandemic that is upending his presidency and the rest of the country, with dramatic changes to how Americans live their daily lives.

It explains how Mr. T—- could announce he was dismissing his acting chief of staff as the crisis grew more severe, creating even less clarity in an already fractured chain of command. And it was a major factor in the president’s reluctance to even acknowledge a looming crisis, for fear of rattling the financial markets that serve as his political weather vane…. [More here.]

But the pivot has certainly begun. (We have always been at war with Oceania.)