Trump is His Own Worst Enemy. And Thank God for That.

This morning, New York Times columnist Jamelle Bouie has four important points to make. Iโ€™ll summarize them and then let Mr. Bouie speak for himself.

1. In an alternative universe, in his second term, a politically skilled and disciplined Trump could probably have engineered a dictatorship in the United States.

2. But in this universe, Trump is โ€œso solipsistic, so plainly consumed with narcissism, so deeply indifferent to the details of governance and so eager to satisfy his basest impulses that there was little chance heโ€™d ever complete the authoritarian consolidation of his dreams.โ€

3. The second Trump term, we have โ€œa presidency in terminal decline, if not outright collapse.โ€

4. If you donโ€™t understand that โ€œpresidential commands are never self-executing,โ€ then you donโ€™t understand what the hell is going on.

Jamelle Bouie (N.Y. Times), Trump Is the Anti-Trump:

There is an alternate universe in which Donald Trump is the popular, successful president of his imagination.

In this world, Trump has a clear view of the political landscape. He knows he won a narrow victory, not a landslide. He knows that his key voters โ€” the ones who put him over the top, as opposed to his core voters โ€” elected him to lower the cost of living and turn the page back to where it was before the pandemic. And while he has the advantage of an unpopular predecessor โ€” an easy repository for blame should things go wrong โ€” he also starts the clock with a small and finite amount of political capital. The modern American public is wary, fickle and quick to anger. The right move is to invest that capital carefully, not gamble with the peopleโ€™s trust.

This hypothetical President Trump would take the path of least political resistance. He would work with the Republican majority in Congress to send a new round of stimulus checks, rehashing the most important political success of his first term and fulfilling his promise to lower costs for most Americans. He would work with Congress to pass modest tariffs on critical goods and he would take a less draconian path on deportations, focusing, as he promised, on people in jails and prisons โ€” โ€œthe worst of the worst.โ€ And he would put hard political limits on his most fanatical aides and deputies, like Russell Vought and Stephen Miller. This Trump wouldnโ€™t give Elon Musk his run of the executive branch and he would sideline his own desire for retribution against his political opponents, or at least channel his rage into something more productive. He would also decline to hand management of the federal government to an ignominious cadre of hacks, apparatchiks and television personalities.

In short, this Trump would rerun the approach of his first term. He would still be corrupt. He would still stretch the limits of common decency. He would still be bombastic, transgressive and contemptuous of political norms. But he would be restrained, somewhat, by the practical realities of governance. And this restraint would give our hypothetical Trump the leeway to pursue his more authoritarian goals; to curtail civil society and consolidate power over the entire federal government, courts and Congress included.

From the perspective of liberal society and constitutional government, this alternative world, in which a more cautious and methodical Trump successfully builds public and political support for the transformation of the United States into a full-throated authoritarian regime, would have been the worst-case scenario for a second Trump term.

We are lucky, then, that this alternate reality is unimaginable. There is no apparent evidence that Trump is capable of even the slightest bit of deferred gratification. If life is a series of marshmallow tests, then he has failed one after the other, kept afloat only by his immense wealth and privilege. The actual Trump is so solipsistic, so plainly consumed with narcissism, so deeply indifferent to the details of governance and so eager to satisfy his basest impulses that there was little chance heโ€™d ever complete the authoritarian consolidation of his dreams.

All of this is simply to contrast what might have been with what plainly is: a presidency in terminal decline, if not outright collapse. Consider the big picture. Trump is nearly as unpopular now as he has ever been. His average approval ranges from a net negative of about 13 points to a net negative rating of nearly 20 points. He is underwater on every issue of consequence. The Supreme Court nullified his signature economic program and his immigration enforcement actions are so toxic with voters that theyโ€™ve forced him to fire his head of Homeland Security, Kristi Noem. He has wrecked the coalition that brought him into office with major reversals among Latinos, young men and Black Americans, and he is treading water with his core supporters, white voters without college degrees.

Trump insists, of course, that he is as popular as ever, but even Republican lawmakers see the writing on the wall. There has been a historic number of retirements from Congress, led mostly by Republicans.

Last, but far from least, is the presidentโ€™s foolhardy, reckless and immoral war in Iran, which was launched with neither public buy-in nor Congressional authorization. It didnโ€™t take long after the bombing began before it destroyed an elementary school, killing more than 175 people, most of them children. Just two weeks in, the conflict has already grown beyond its initially limited scope, involving other belligerents and threatening the global economy. It is no surprise, then, that this is also the most unpopular war in modern American history, with few supporters beyond the presidentโ€™s fellow partisans.

It is tempting to think that the presidentโ€™s political collapse doesnโ€™t really matter โ€” that, as the Teflon Don, he suffers no particular consequences for his bad behavior. And it is true that the shamelessness, celebrity and cult of personality that defines Trump (and Trumpism) also works to buoy him in the face of political catastrophe. He might sink below water, but heโ€™ll never go under. To end the story there, however, is to miss the larger relationship between presidential standing and presidential power.โ€œPresidential commands are never self-executing,โ€ the political scientist Jeffrey Tulis observes in his book โ€œThe Rhetorical Presidency,โ€ paraphrasing another political scientist, Richard Neustadt. โ€œTheir efficacy depends upon artful wielding of informal power through bargaining โ€” by showing other politicians that they will be helped, or at least not hurt, by doing what the president wants.โ€

The second Trump administration is defined by its total embrace of the โ€œimperial presidencyโ€ and the โ€œunitary executive.โ€ But a key weakness of both concepts is that they treat presidential power as rigid, well-defined and highly formal โ€” the โ€œcore dutiesโ€ of Chief Justice John Robertsโ€™s opinion in Trump v. United States.

The reality is more complicated. It may seem as if presidents have the power to command, to issue orders and see immediate results. But as Tulis reminds us, successful presidents do not order as much as they coax, cajole and persuade, for the straightforward reason that the formal authority of the presidency is limited compared with other actors in government. A skeptical lawmaker or recalcitrant bureaucrat can derail a presidential agenda and leave the chief executive at the mercy of an angry public. Itโ€™s for this reason that the most able men to hold the office of chief executive have rarely seen fit to act as tyrants, raining demands down onto the rest of the executive branch. They act instead as conveners, working to align different interests in pursuit of a single goal.

Presidential standing, in this paradigm, is the currency that makes presidential power work. A popular and well-liked president has more resources to deploy in pursuit of his agenda. He has the informal power he needs to bolster his more circumscribed formal authority. A distrusted, divisive and unpopular president, on the other hand, quickly finds that he is unable to work his will on political actors who are more worried about their own fates than the presidentโ€™s interests and appetites.

And that is what weโ€™ve seen with this president, a year after he gambled his political capital away in a disastrous attempt to reshape the nature of the American political system. His fast-eroding position has curtailed Trumpโ€™s ability to pressure lawmakers into backing his agenda: See the presidentโ€™s empty demands for Congress to pass the SAVE America Act or the ongoing shutdown of the Department of Homeland Security. This rapid decline has also lowered the cost of institutional resistance to the administrationโ€™s attempts to curtail civil society and done the same for judicial opposition to the presidentโ€™s most aggressive power grabs. I do not think it is an accident that the two most consequential rulings against Trump issued by this Supreme Court were decided as the presidentโ€™s standing entered a tailspin.

You will notice that after months of teasing the possibility, Trump has mostly stopped talking about serving an unconstitutional third term. Perhaps he still intends to. Or perhaps he has enough self-awareness to know that he is not the triumphant leader of his imagination. That he is, instead, a lame duck whose White House is in disarray and whose actions have plunged the world into chaos. He thought he might remake the country in his own image. Instead, heโ€™s likely to leave it like one of his casinos: broke, broken and in desperate need of new management.

If impeachment werenโ€™t a dead letter, then we could remove him and end his misrule. As it is, we have nearly three more years to live through. Itโ€™s an open question whether we survive it intact.

Iranians Rally Round the Flag:ย โ€œNow I Wonder, Even if the Islamic Republic Falls, What Will we Inherit: a Land in Ruins?โ€

If, like me, you were unfamiliar with the name Najmeh Bozorgmehr, let me inform you that, for the last 26 years, she has been the Financial Timesโ€™ Tehran correspondent. And that, ladies and germs, is nothing to be sneezed at. 

Today, she writes, Iranians rethink the price of regime change: Destructive US and Israeli war and Islamic republicโ€™s relilience have alarmed even those who supported foreign intervention:

After thousands were killed in a brutal crackdown on anti-regime protests in Iran in January, Mandana gave up hope for reform from within. She came to the conclusion that the Islamic republicโ€™s leaders had to go even if it meant US and Israeli-led regime change.

So when the two countries attacked the compound of supreme leader Ayatollah Ali Khamenei on February 28, killing him and several of his family members, Mandana โ€” who like others interviewed used a pseudonym โ€” believed the change she coveted had finally come.

Her experience in the terrifying days since has shattered that belief. Air strikes have targeted not just military sites and senior regime figures but have repeatedly hit civilian infrastructure.

Over the weekend, Tehran was enveloped in toxic black smog after Israel bombed fuel depots around the city; on Tuesday, massive explosions caused widespread blackouts.

โ€œWe werenโ€™t supposed to be bombed,โ€ Mandana said, her voice trembling after a massive explosion near her apartment by Vanak Square in central Tehran. โ€œOur city, our country, this wasnโ€™t supposed to happen. How is it that Venezuelaโ€‰.โ€‰.โ€‰.โ€‰saw clean, bloodless regime change, but not here?โ€

The scale of destruction and the apparent resilience of the Islamic regime, which appointed Khameneiโ€™s son Mojtaba as the new supreme leader in an act of defiance, has prompted many Iranians to rethink hopes that foreign intervention might bring about its end.

Approaching two weeks into the war, no signs exist of the sort of anti-regime unrest that broke out across the country in January before being crushed in a brutal crackdown that killed thousands.

Instead many, even those who loathe the Islamic republic, appear to have recoiled at the destruction and comments including Donald Trumpโ€™s threat to target electricity production facilities if the regime escalated. The US president also said Iranโ€™s map will โ€œprobably notโ€ be the same after the war, sparking fears the conflict could break apart the country.

One sociologist in Tehran, who is critical of the regime and the war, said there was anecdotal evidence of a growing โ€œsense of nationalism emerging from the warโ€ as happened during Israelโ€™s 12-day conflict against Iran last year, when people rallied around the flag.

โ€œThe fear of Iranโ€™s destruction is increasingly uniting people as they fear the consequences of such a large-scale conflict,โ€ the sociologist said, asking not to be named.

Non-military sites have become collateral damage, as air strikes target police stations, military facilities and officials living in residential neighbourhoods. More than 1,000 civilians have been killed and over 8,000 homes damaged or destroyed, according to official figures.

The scenes of devastation โ€” to schools, a desalination plant, passenger aircraft and historic landmarks such as Tehranโ€™s Grand Bazaar and Golestan Palace โ€” have shocked many Iranians.

โ€œIf they wanted to assassinate the supreme leader, why are they waging full-scale war?โ€ asked one woman. Before the war, she โ€” like many anti-regime Iranians inside and outside the country โ€” had welcomed military intervention.

Expatriate communities staged large rallies in western capitals, calling for an end to the Islamic republic. Reza Pahlavi, the exiled son of the late ousted Shah, also supported military action, promising to return to lead Iran once the regime had collapsed.

โ€œMaybe he should come now with his three daughters and see how it feels to be bombarded,โ€ said one woman, who opposes the current regime but also rejects a return to monarchy. โ€œThose who supported the war should take responsibility now. But I doubt they will.โ€

When many Iranians put aside their disillusionment with their leaders to embrace patriotic gestures during the June war, the regime presented this as proof of public support and ignored calls for reform after the conflict was over.

This time, Iranians โ€” traumatised by the crackdown in January โ€” have been more hesitant, fearing that expressions of patriotism or anti-war sentiment will again be co-opted by the authorities.

In northern Iran, a woman whose son was killed in the protests stopped wearing black the day Khamenei died, feeling that some revenge had been exacted. In Tehran, another woman baked a cake for her neighbours to celebrate the supreme leaderโ€™s demise. But she was so shocked by the scale of the subsequent attacks that she later left the city.

The Islamic republic, for its part, is taking no chances. Authorities have filled squares with loyalists each evening, drawing on the vocal minority of regime supporters to project strength and support. They also patrol the streets on motorcycles carrying loudspeakers that blare out religious songs.

โ€œThese are our real supporters,โ€ said one regime insider. โ€œThis is genuine loyalty, rooted in Shia Islam โ€” something the Americans can never understand. Even if the leader of the Islamic system is killed, the system will survive because Shiism is alive.โ€

The regimeโ€™s apparent resilience in the face of the greatest conflict since the Iran-Iraq war of the 1980s has led some to question whether even a prolonged war would bring about its demise.

After Mojtaba Khamenei was selected as the new supreme leader on Monday, supporters across the country also took to the streets.

But Khamenei has not been seen since the war started and he is yet to speak to Iranians about his plans. The US and Israel have threatened to assassinate whoever takes over and rumours are rife that he was injured during the war.

His selection has stunned many anti-regime Iranians, who fear a supreme leader who will continue his fatherโ€™s hardline agenda, resistance to reform and hostility to the west.

โ€œIf things stay like this, weโ€™re in a worse place now than before the war,โ€ said Mahboubeh, a translator. โ€œA country destroyed; Khamenei replaced by another Khamenei, 30 years younger.โ€

Meanwhile, monarchists support Pahlavi and back the US and Israeli intervention despite its toll. But analysts believe the exiled royal may have lost support from more recent converts to his cause as the brutal reality of war sets in.

The majority of Iranians who see the January killings as unforgivable are lost over how to push for change. This includes Sara, a teacher in her forties who once hoped for the regimeโ€™s overthrow but now admits she has changed her mind.

โ€œIโ€™ve come to terms with the bitter reality: the Islamic republic is resilient,โ€ she said. โ€œI never thought Iโ€™d say this, but if someone from within the regime becomes a real reformer, why not? In the end, we just want peace and welfare.โ€

Marjan, a housewife, could not hide her emotions when news of Khameneiโ€™s death broke. She had believed it would usher in the regimeโ€™s collapse. โ€œNow I wonder, even if the Islamic republic falls, what will we inherit: a land in ruins?โ€

In My Experience, Itโ€™s Hard to Explain That Which You Do Not Actually Understand

The Mind Boggles

Even for those of us who despise Trump, the mind boggles at the thought of his walking into a major war without clear objectives, devoid of any understanding about how the war is going to end.

However, boggle as it may, the mind must accept that this is exactly what is happening. See, among many other examples, Reuters, Trump seeks to justify Iran war, but stated objectives shift

Trump cannot explain his war aims and how they will be achieved because he is delusionalโ€”and misapprehends many vital facts about the situationโ€”because he has no rudimentary understanding of the relation between cause and effect, and because he thinks that whatever horrific misjudgments he makes can be wiped out by his magical bullshit.  

The New York Times this morning elucidates the consequences for public opinion:

A Suggestion for Discussion with Your Red Hatted Friends

If you chance to speak to one of the 41 percent who say they support the Iran war, you might consider trying this: Have a discussion about what they think Trumpโ€™s war aims are. Try to get them to be specific. Having done so, try to find agreement on an objective criterion to determine whether or not their imagined war aims have actually been achieved. Finally, agree on a date to schedule a follow-up conversation to discuss the actual state of the war, in light of what they imagine its objectives to be and whether their objective test of success has been met. 

Too Late to TACO

Meanwhile, Ed Luce of the Financial Times tells us that Taco on Iran will come too late for Trump:

Sometime soon Donald Trump will ring the closing bell on his Iran war. That moment will have less to do with whether his mission is accomplished (whatever that is) than how much pain he can endure. We can safely assume that Iranโ€™s pain threshold is higher than his. Trump will nevertheless present his exit as a victory. Iran will have every incentive to ensure nobody believes him. That is the crux of his self-inflicted dilemma.

Anticipating this would have served Trump well. One step would have been to build up Americaโ€™s strategic petroleum reserves, which dropped sharply after Russiaโ€™s invasion of Ukraine and were never replenished. Oil and natural gas prices may have soared but an ounce of prevention is still worth a pound of cure. A second would have been to win the Gulf monarchies round to his war plan in advance. That he had no fixed goal made that difficult. Now he is faced with an increasingly irascible Gulf. A third would have been to prepare the US public for a longer conflict. Ditto.

The question is whether Trump has become aware of the drawbacks of not thinking ahead. Were he on a learning curve, he would know that even a severely degraded Iran can continue to frighten oil tankers from the Gulf and shutter much of the regionโ€™s energy production. Short of occupying Iran, Trump cannot guarantee safe passage in the Strait of Hormuz. Drone production is decentralised and hard to eradicate from the air.

Nor can Trump handpick a new Iranian leadership. Others have observed it took America two decades to replace the Taliban with the Taliban in Afghanistan. It took Trump just over a week to replace one Khamenei with another. Since Mojtaba, the new supreme leader, is considered more hardline than his father, Trump will likely draw a blank on securing an Iranian ceasefire, let alone an โ€œunconditional surrenderโ€. Which leaves him with a couple of very risky gambles.

The first would be to send US or Israeli commandos to Isfahan to seize what remains of Iranโ€™s 400kg stockpile of enriched uranium. Success would offer Trump a spectacular off-ramp. Indeed, the temptation of a lightning operation that upends the Taco narrative could be overpowering. Hovering over that is the ghost of Jimmy Carter. His failed 1980 Iranian hostage rescue mission helped to sink his presidency. Having so often announced the obliteration of Iranโ€™s nuclear programme, Trump would not survive an equivalent setback.

His other gambit would be to occupy Iranโ€™s Kharg island to shut off its oil exports. Such a move could be even riskier because it would involve many more US boots on the ground than a commando raid โ€” and for much longer. It would strangle Iranโ€™s main revenue source and worsen the oil shock. But its risk-reward ratio looks reckless. After barely a week, public support for Trumpโ€™s Iran war is at the same level it was for the Vietnam war in late 1967 following more than 11,000 American deaths. There is no US tolerance today for even a few dozen casualties. Taco โ€” โ€œTrump always chickens outโ€ โ€” is thus a question of when.

Trump would still pay a high price for a unilateral declaration of victory. The biggest risk is that nothing will happen. By walking away, the US president would have given Iran knowledge of his price point, which is soaring energy prices. Iran also has a vote in deciding when this conflict ends. It would have every reason to sustain its disruption to global energy markets as a deterrent to Trump changing his mind. Iran has now been attacked by Israel four times in the past two years โ€” twice with Trumpโ€™s America in the lead. Iran will want to raise the costs of another resumption a few months from now.

The Iranian regimeโ€™s surest route to safety would be to go nuclear. Good intelligence can keep making a rubble of Iranโ€™s nuclear capacity but that is no sure bet. Iranโ€™s logic of dashing to North Koreaโ€™s status will be compelling. Others, notably Russiaโ€™s Vladimir Putin and North Koreaโ€™s Kim Jong Un, may be tempted to help. Regimes everywhere are making the same calculations with fresh immediacy.

One piece of damage that Trump cannot repair is to trust in America. Long after oil prices have stabilised, the world will recall his administrationโ€™s glory in the imagery of โ€œlethalityโ€, as his defence secretary, Pete Hegseth, calls it. Trump chose to go to war and has taken explicit satisfaction in his power of life and death. War is a grave step after all other options have been exhausted. That Trump had other courses of action is well understood. That he preferred this one is hard to unsee. 

The Illegal News for Thursday

The Guardian, โ€˜A subversion of the justice systemโ€™: DoJ shifts into Trumpโ€™s โ€˜political wingโ€™ as criminal investigations accelerate

Subhead: โ€œPresident has โ€˜succeeded in completely politicizingโ€™ justice department, experts say, using it to punish his enemies

Well, yes, but what they have not succeeded in doing is indicting the bloody ham sandwiches. Tim Miller of The Bulwark marshals the facts about the Justice Departmentโ€™s many failures in pursuing bogus legal cases against Trumpโ€™s political adversaries:

They have also succeeded in generating many, many state bar investigations into illegal conduct by Justice Department lawyers. See, for example, lawandcrime.com,  AG Pam Bondi claims โ€˜rightโ€™ to take over state bar investigations of her lawyersโ€™ ethics or else, cites โ€˜unprecedented weaponizationโ€™ of complaints.

Thank you, Sir. May I Have Another, Sir?

Meanwhile, earlier this week, in the Mother and Father of All Legal Clusterfucks, the Justice Department told the district court in Washington, DC, that it no longer wished to appeal its shellacking in the four cases brought by Perkins Coie, Jenner& Block, WilmerHale, and Susman Godfrey. Then, the next day, the Justice Department said โ€œNever mind,โ€ and tried to take it all back, asking the district court for permission to withdraw its motion of the previous day to voluntarily dismiss the appeal.

The court will have to rule on this mess. As I write, it has not yet done so. 

One possibility is that, before the court acts, it will haul Team Trump into court, put them under oath, and demand that they explain what the hell happened. 

Finally, legal commentator Jeffrey Toobin has taken time off from private pleasures to write an op-ed in the New York Times headlined Trump Has Elite Law Firms on a Punishing Merry-Go-Round. Toobin tells a tale of winners and losers, and casts Trump as the big winner against Paul Weiss and the other eight Cowardly Lion Law Firms. 

In my opinion, his tale is misleadingly incomplete. For what itโ€™s worthโ€”and thatโ€™s probably not very muchโ€”Paul Weiss and the other capitulators plainly thought they recognized a familiar pattern: a dispute that can be made to go away when Party A doesnโ€™t have to give up much of anything that it actually values, while Party B gets bupkis of real value but is allowed to make uncontradicted boastful claims of a famous victory. 

As it has turned out, the nine cowardly firms underestimated the severity of the ongoing hits to their reputation. And they surely did, as Toobin states, act like cowards. So, yes, they are indeed  losers.

That said, I dissent from describing Trump as a winner in this episode. 

Like the craven cowards they are, Team Trump tried to pull the plug on their dispute with the Courageous Four: Perkins Coie, represented by Williams & Connolly; Jenner & Block, represented by Cooley LLP; WilmerHale, represented by Paul Clement; and Susman Godfrey, acting pro se, with the support of 700 other lawyers organized as Law Firm Partners United in Support of Susman. 

Then someoneโ€”in all likelihood, Orange Mussolini himselfโ€”got wind of what was happening and ordered Team Trump back into the fray. 

Team Trumpโ€™s Monday filing was effectively an admission that their legal case has no merit at all. It didnโ€™t have any merit on Monday, when the pulled the plug. It doesnโ€™t have any merit today. And it still wonโ€™t have any merit at whatever point down the road the court of appeals, or maybe the Supreme Court, drives the final nail into the coffin. 

Orange Mussolini is, once again, cruisin’ for a bruisin’.

Before the Biblical Divorce

To celebrate yesterdayโ€™s results in the Texas Republican primary, please grab your favorite snack and your preferred beverage and enjoy this 2016 musical offering from the then Mrs. Ken Paxton. 

The ex-Mrs. Paxtonโ€™s 2016 musings on her husbandโ€™s frequent absences are especially pregnant in light of allegations that Paxtonโ€™s current lover is a married mother of seven. 

The Paxtonsโ€™ โ€œbiblical divorceโ€ is further explained here:

An Amusing Afterword

YouTube apparently decided that I would be interested in songs about love gone wrong. After viewing the ex-Mrs. Paxtonโ€™s 2016 musical offering, YouTube speculated that I would probably enjoy Norwegian chanteuse Heidi Haugeโ€™s version of The Tennessee Waltz.

Indeed, I enjoyed it immensely, and hope you do as well.

It was a popular songโ€”the English version that is, not the one in Norwegianโ€”back when (in my fatherโ€™s words) I was only knee high to a grasshopper.

My mother always said that, if you lose your Little Darling in the course of one dance, then she was probably never your Little Darling in the first place. 

Likewise, I am afraid that Ken was probably never Angelaโ€™s Little Darling. How sad to see love gone wrong. 

We have another two monthsโ€”until the Texas Republican primary runoffโ€”for John Cornyn to tell us all about what a lying, corrupt, adulterous son of a bitch heโ€™s running against. 

World War III: The Opening Days

I thought the Morning Joe team had a lot of interesting things to say this morning about this confusing situation, so here they are.

A Rorschach Test

In this complex and confusing situation, the human mind leaps to find some preconceived perspective that will explain whatโ€™s going on.ย 

My own view, if you happen to be interested: Trump, desperate to distract from devastating information about to be revealed from the Epstein files, is crying Havoc! and wagging the dogs of war. 

The MAGA Base

Sarah Longwell, who does focus groups, is the publisher of The Bulwark, and is nobodyโ€™s fool, says his MAGA base will be with him if he is in and out in a few days. But if heโ€™s not in and out in a few days, they will start peeling off. 

Trump repeatedly promised them no long wars and no regime change laws. 

This is not what they voted for.

Will Trump be in and out in a Few Days?

Does the pope shit in the woods?

Trump and the 13-Year Old

This is about 12 minutes long, and if you take the time to watch and listen, you will learn a lot about the state of play regarding the Epstein files, the Epstein Transparency Act, and the claim by โ€œKatie Johnsonโ€โ€”presumably a nom de plumeโ€”alleging that, back in 1994, when she was 13 years old, Trump allegedly forced young Ms. Johnson to perform oral sex at Epstein’s townhouse in Manhattan.

โ€œJohnsonโ€ filed civil lawsuits against Trump in 2016 making these claims, but soon withdrew them. Was she pressured to abandon her claims, and, if so, how and by whom? We donโ€™t know, although there are reports of โ€œmultiple death threats.โ€ย 

Note that both the lawsuits and the withdrawals occurred during the 2016 campaign.

We do know she was interviewed by the FBI several times during the first Trump Administration, we know that a lot of the resulting documentation was not disclosed, even though it should have been disclosed, under the Epstein Transparency Act.

In the video, these and related issues are addressed by three heavyweights:

  • Lisa Rubin, Yale Law graduate, former big-time corporate litigator, and currently a TV legal commentator,
  • Peter Baker, chief White House correspondent for the New York Times, and
  • former Senator Claire McCaskill, who has a background in criminal prosecution.

Is There a Coverup Going On, and is the Coverup a Crime?

I would say yes, based on the facts laid out in the video, thereโ€™s pretty clearly a coverup going onโ€”specifically, there appear to be multiple violations of the Epstein Transparency Act.

A violation of the Epstein Transparency Act is not ipso facto a federal crime. However, an intentional violation of the Epstein Transparency Act could well violate provisions of the federal criminal code, including obstruction of justice. 

Would the Supreme Court Immunity Decision Bar Prosecution of Trump if he Ordered the Coverup?

Possibly, but not certainly. There would be a big legal pissing contest about whether he alleged coverup order was โ€œprivateโ€ or whether he was acting within his official capacity.

Would a Justice Department or FBI Official Who Knowingly Obeyed a Coverup Order Have Potential Criminal Exposure?

Yes, they would.

The Nuremberg Defense didn’t work at Nuremberg, and it wouldn’t work here.

If the Katie Johnson Papers are Being Covered Up, How Many Government Officials Know About the Coverup, and How Many of Those People Will Cheerfully Risk Incarceration to Protect Donald Trump?

You tell me. 

The Epstein Transparency Act Aside, Under State Law, Does Trump Still Have Criminal or Civil Exposure for his Alleged Assault on Katie Johnson?

The alleged assault took place at Epsteinโ€™s townhouse in Manhattan. The cases brought against Trump in 2016 were dismissed โ€œwithout prejudice.โ€ A very preliminary look at relevant New York law indicates that, yes, Trump might well have such exposure. New York law is not generous to folks who commit sex crimes against children and try to get off on a legal technicality.

Was My Grandmother Right When She Said, โ€œOh, What a Tangled Web We Weave When First We Practice to Deceiveโ€?

You bet she was.

Trumpโ€™s New Tariffs ThIs Weekend are Even More Illegal Than the Old Ones, Or So They Say

Lev Menand and Joel Michaels (N.Y. Times), Again, Trump Completely Misreads the Law[1]

International trade law is a very, very specialized discipline, and casually thought out opinions are likely to be in error. Viz. my own apparent error. 

Shortly after the Supreme Court kicked Trumpโ€™s ass on Friday of last week, Orange Mussolini took another bite at the apple and purported to invoke Section 122 of the Trade Act of 1974 in order to impose a new set of worldwide tariffs. My impression was that, the second time around, he was on stronger legal ground.

First, unlike the situation with the International Economic Emergency Powers Act of 1977, itโ€™s clear that tariffs are a legitimate tool under Section 122. Secondโ€”and here was the big misunderstandingโ€”I thought that the Supreme Court would probably be reluctant to second-guess a presidential finding about an alleged economic emergency, invoked by a President to use authority that Congress had clearly granted to him. 

Messrs. Menand and Michaels argue, convincingly, that this is fallacious, because the โ€œemergencyโ€ that Trump invoked to employ Section 122 is not the kind of emergency that Section 122 actually addresses. Trump thinks that the Section 122 is all about trade imbalances, whereas, they argue, itโ€™s not about trade imbalances at all, but instead its about financial imbalances. They write,

The provision is not about trade imbalances. Other parts of the statute address those. It is about financial imbalances โ€” in particular ones that threaten financial stability.

The text and context of the law is clear: A Section 122 โ€œpayments problemโ€ involves a flight from the U.S. dollar. At the moment, no such problem exists.

The presidentโ€™s own lawyers essentially admitted as much months ago. In a filing in the earlier case, the Justice Department acknowledged that trade deficits are โ€œconceptually distinct from balance-of-payments deficits,โ€ citing the congressional history. And it suggested that Section 122 did not give the president the authority to impose tariffs to address trade deficits. (Section 122 does not โ€œhave any obvious applicationโ€ where the concerns โ€œarise from trade deficits,โ€ the Justice Departmentโ€™s lawyers wrote.)

To further appreciate how badly the president is misreading the law, it is necessary to place this particular statute in the context of the early 1970s. โ€ฆ

If you want further elucidation regarding the fascinating topic of financial imbalances, please read the article.ย 

But hereโ€™s the bottom line. Itโ€™s as if Trump, faced with an emergency caused by foreign killer wasps, has purported to use extraordinary powers granted to the President to address toxic chemical spills. 

The issue is not whether the foreign wasps are actually invading, nor is it about deference to the President’s judgment about the magnitude of the wasp problem or the appropriateness of his desired remedy.

The issue is legal, not factual or judgmental, and it has nothing to do with deference to presidential fact finding.

The issue is whether Orange Mussolini is using the wrong damn law as a flimsy cover for another blatant power grab.


[1] Lev Menand in an associate professor at Columbia Law School, so he must be good. Joel Michaels is a Fellow in Public Economic Law at that same institution, my legal alma mater.