The facts: Trump’s not-so-secret plan “for the most corrupt political party ever” in America to capture the next Congress

Welcome back to the blogosphere’s recently-dedicated home of facts about our president.  In today’s installment we focus on the fact that any time he is confronted with true facts that do not suit him, TFG acts like a four year old who’s been told he can’t have any more ice cream.  Plus, we look at the associated counterfactual statements (the lies) he produces in these instances to salve his ego and (he thinks) to convince us all that he really is our favorite president ever.  That will include, currently most crucially, his lies about the integrity of next month’s elections.

There are very many sources that are independent of this Administration where you and I can check for verification of the truth or falsity of things Donald Trump says.  CNN has a dedicated area, as does the Washington Post, and there are websites that do nothing but fact-check politicians (not just Trump), and I have links to some of them in the far left column of this page under Reference.   (I wish there were a Meghan Trainor song-inspired https://iknowyoulieyourlipsaremovin.com/.)  You can check stupid things, like him ham-handedly altering a National Hurricane Center map to add Alabama to the predicted track of a hurricane, or repeatedly insisting in the face of compelling visual evidence to the contrary that the crowd at his first inauguration was the largest ever.  In these cases he’s much like the brat who stomps his feet and cover his ears screaming “I can’t hear you” when told it’s time to come inside for dinner.

TFG has proven over and over that unlike most mature human beings, he insists that all “truth” not only does not put him in a negative  light, it must be nothing less than the most complimentary light.  Ever since he left military school he has existed in a world where his family’s wealth has allowed him to do pretty much whatever he wants and to ignore any negative consequences.  For example, The University of Pennsylvania couldn’t be forced to give him the good grades he’d need to graduate first in his class, but it couldn’t stop him from lying about it afterward.  If ever there is offered any “truth” which claims Trump is anything less than the sterling and respected character he pretended to be on a television show, then that “truth” is a vicious lie being spread by his enemies.  (Who all “hate Trump,” apparently.)  No matter what he’s talking about, he always sounds like a real estate huckster incessantly selling the biggest and best deal, making you an offer you’d be a fool to refuse.  If he had stayed in that private business world his lies wouldn’t matter to the rest of us, so long as we had the good sense not to do business with him.

But he didn’t.  Now, his lies are about things that really matter.  Every single, solitary accusation of “fake news” directed at a reporter or newspaper or network that doesn’t praise the president for every single, solitary move he makes, facts notwithstanding, does two things. It proves that he does not know how journalism is supposed to work: reporters are not there to promote the president (any president), they are there to report what really happened, as truthfully and as fairly as they can, for the benefit of the American citizens for whom every president works.  No president likes negative coverage and some publicly object to the emphasis reporters put on “bad news” stories, but no other president has so blatantly, transparently and falsely accused the journalists of just making shit up to hurt him.  And, his use of repeated false claims are a political propaganda technique to make people believe outrageous things that are not true.  It was called “the big lie” by that noted political philosopher Adolf Hitler, who wrote that the general population could be manipulated with the use of this tool since they wouldn’t believe that anyone “could have the impudence to distort the truth so infamously.”  Well folks, someone does.

The most dangerous example of Trump’s use of the big lie is his refusal to accept that he lost the 2020 election, to continue to deny it to this very day despite the complete lack of evidence of any fraud significant enough to have changed the outcome, and his continued insistence that all American elections are “rigged.”  Always against him, apparently, even in the two cases where he won.

That claim, which is false – unsupported by any facts – has a very specific goal in mind:

  • to give Americans a reason to believe him when he claims the expected Republican losses in this year’s midterm election are the result of voter fraud,
  • and to get them to agree with his efforts to overturn the results of that election
  • so Republicans maintain control of the House and the Senate
  • where the party will continue to roll over and play dead for Trump’s destructive agenda.

Republicans will smugly respond (as they often do) that it’s not hard to find liberal or even moderate commentators who will shill for this anti-MAGA conspiracy.  They have a harder time arguing the facts when they’re offered by a real Republican, a certified conservative – not a Trump butt boy but a true conservative, like former federal appeals court judge J. Michael Luttig.  He argues in The New Republic that the Trumpist assault on the November midterms is an important next step in their effort to overturn American democracy: fight the results of the expected Democratic victories in House and Senate races, which lays the groundwork for Congress to refuse to seat the Democratic winners  next January and seize control of the government.  Read it yourself and see if you think he’s overstating the case.

…Donald Trump and his Republican congressional allies are even more determined to prosecute the president’s war against American democracy to its catastrophic end than they were on January 6, 2021.

That catastrophic end could well come on January 3, 2027, when Trump and his Republican congressional allies wage the final battle in Trump’s determined war to corrupt America’s democracy and deliver a lasting political victory over the Democrats for his MAGA Republican Party.

Trump and his Republican allies have been preparing for this final battle since January 6, 2021. For the past six years, they have embarrassed themselves and the U.S. with their preposterous, win-at-any-cost denial that Trump lost the 2020 presidential election and their deceitful slander of America’s democracy. Since his return to the White House, Trump’s every unconstitutional act in his effort to seize control over the midterm elections—each hailed by his prostrate Republican Congress—has been toward the end of ensuring that Republicans retain a majority in the 120th Congress.

(snip)

So unalterably subjugated to Trump is today’s Republican House that even a decisive victory for Democrats and a resounding repudiation of Trump and the MAGA Republicans at the polls in November will not guarantee that a Democratic majority-elect will be seated in the 120th Congress on January 3 [emphasis added].

All year long, Trump has been dragooning House Speaker Mike Johnson and the congressional Republicans into prejudging as fraudulent the upcoming November elections of the presumed Democratic majority, as he himself has already prejudged those elections. His dragooning appears to have worked. House Republicans are now poised to claim that the midterm elections were stolen from them when they meet on January 3 to decide which members-elect will be seated in the 120th Congress.

Over the past year and a half since his return to the White House, Trump has exploited every conceivable unlawful means possible to rig the midterm elections in favor of the Republicans, and the federal courts have struck down as unconstitutional every one of these unlawful attempts. He will try every unlawful means over the remaining weeks to ensure that Republicans handily win the midterm elections in November. Those of us who oppose his illegality will look to the courts, but the federal courts will be institutionally incapable of checking his final unlawful rampage.

Trump punctuated his expressed intent to interfere in the midterm elections eight weeks ago in a national prime-time address on “election integrity,” accusing the Democrats and the Chinese in particular of threatening the free and fair elections in November. In that address, he claimed without evidence or support (as usual) that the 2026 midterm elections were being threatened by noncitizen voting, weaknesses in voter registration systems, foreign interference, and vulnerabilities in electronic voting systems.

(snip)

Everyone knows that the greatest threat to the upcoming midterm elections is not the Democrats or the Chinese, noncitizen voting, or electronic voting machines, but the president of the United States and his servile Republican Congress.

(snip)

There was a time not long ago when virtually every member of Congress could be expected to commit to the peaceful transfer of congressional power in advance of an election, just as every president could be expected to commit to the peaceful transfer of presidential power. But those times came to an abrupt end upon Donald Trump’s arrival in January 2017. In a damning indictment of the president and today’s congressional Republicans, it would be hard to find even one congressional Republican with the integrity, sense of duty to country, honor, and courage to put America above the Republican Party, let alone above Donald Trump.

Yet America’s only hope for saving its democracy and avoiding another crippling constitutional crisis on January 3 is for the House Republicans to decide that they are not going to betray their oaths and their country one last time for Donald Trump, and telegraph to Trump and Mike Johnson that any unconstitutional plan they might be contriving to deny Democratic members-elect their rightful seats in the 120th Congress would be dead on arrival January 3.

If there are any such Republicans in the Congress today, they should announce well before November 3 that they will not be party to Trump’s and Johnson’s attempt to steal the midterm elections from the American people.

In fact, Luttig encourages all House members, both parties, to campaign on that point: make sure to loudly highlight any candidate who refuses “to affirm that they will not be complicit in any attempt to steal the midterm elections.”  It will be effective, assuming the issue becomes important to voters to care about and if we can trust the candidates who promise not to steal the election.

He also he lays out – in enough frightening detail to make you realize that some people have actually given this “plan” a lot of thought – the steps the Republicans may take to refuse to allow some or all of the Democrats who win in November to take their seats in the new House in January.  It begins with Speaker Mike Johnson unilaterally, and quite legally, removing current House Clerk Kevin McCumber, “a Republican appointed by former Speaker Kevin McCarthy. He is widely respected for his integrity and faithful adherence to the Constitution and is reputed to be unwilling to carry out orders he considers to be unconstitutional.”  Then Johnson appoints someone more loyal to TFG, who “refuses to list Democrat representatives-elect on the clerk’s roll of representatives-elect that determines who may participate in organizing the new Congress.”  When those who are excluded from that roll object, this whole circus expands into the courts.  And that will take time.  Time during which the country would be in a full-blown constitutional crisis with Congress unable to do any business, including responding to international threats.

It is not difficult to imagine the many possibilities, some of the most critical being entirely realistic. It would be the ideal moment for China to move against Taiwan, by way of military blockade, attack, or even invasion. It would be the perfect moment for Vladimir Putin to complete his conquest of Ukraine, and perhaps even to move militarily against Estonia. Every passing day could bring a deepening economic crisis, worsened by our angry allies around the world who would welcome the opportunity to requite Donald Trump for his belittling mockery of their countries and presidents. Without the Congress, the United States would be powerless to respond to any of these crises.

But we can always count on the Supreme Court to be the voice of reason, to restore a little sanity to the whole process…right?

I don’t intend to be overly sanguine about this Supreme Court. This is the court that shattered the one constitutional truth in the U.S. since 1789 that “no man is above the law” and placed Donald Trump of all presidents above the law in Trump v. United States. This is the court that betrayed the Constitution by refusing even to decide whether Trump was disqualified from the presidency under the Fourteenth Amendment because of his insurrection against the Constitution, which he clearly was. This is also the court that has cynically authorized Trump’s lawlessness for the past two years through its aptly named “shadow docket,” without so much as briefing, argument, or written opinion.

But surely by now this court must understand what it has wrought for the U.S. and the Constitution, and is aghast as we all are, even if it is not penitent. Surely, surely, it will understand the signal moment in American constitutional history that would be presented, and this time understand its supreme obligation to the nation.

Surely indeed.

I hope relying on the Supremes to save America’s bacon is not our only chance to kick Trump in the teeth and defeat his election-stealing plans.  (Note to the people who indicted James Comey in North Carolina: this is not a threat of actual unlawful violence against the person of the president, it is the use of a common metaphor indicating I would like to beat him in this contest.  Er, change that “beat” to “triumph over.”)  I like to think that enough people across this country have sufficient distaste for this Administration and its extralegal antics to turn out in numbers large enough to flip enough House and Senate seats into a Democratic majority that would resuscitate the Congressional checks-and-balances impulse that has gone dormant during Trump II.  And I trust that those same people – and maybe a good portion of the inhabitants of MAGA world, too – won’t stand for a blatant attempt to commit such a fraud.  Luttig hopes the same:

Between now and November 3, congressional Republicans would do well to ponder one last time the fate of their Republican Party were the Supreme Court of the United States to reverse a fraudulent determination by the 120th Republican Congress not to seat Democratic members-elect who would give the Democrats majority control of the House.

Two hundred and fifty years into the greatest experiment in self-government in the history of the world, the Republican Party would finally meet the fate to which it has been destined since January 6, 2021, and cement its place in history as the most corrupt political party ever to emerge in the United States of America for its second attempt in six years to defy the will of the American people on Election Day.

If we Americans are to save our democracy from the forty-seventh president and his MAGA Republican Party, we must disenthrall ourselves from our political bondage to Donald Trump and MAGA, as Abraham Lincoln urged the nation in 1863 to disenthrall itself from its bondage to the ruinous political dogmas of its time. “We must disenthrall ourselves, and then we shall save our country,” the sixteenth president admonished. The Republican Party in particular must finally loose the chains of its political and moral enslavement to Donald Trump and separate itself from the MAGA political party cult.

The writing is already on the wall, Republicans.

Just the facts, ma’am – election rigging edition

For a guy who promised to keep “piling up the facts” about our president to illuminate the truth about his ongoing assault on our country and our way of life, it may seem out of character to offer a prediction.  But this prediction is grounded in facts and a clear-eyed review of past actions, which all point to one incontrovertible fact: Donald Trump is trying to rig the November elections to keep MAGA world in charge in Washington.  He’s been doing it right out in the open, in front of our eyes, stacking lie upon lie about a false “crisis of election security” so he can undo enough MAGA losses in November to maintain Republican control of the House and Senate for the last two years of his term of office.  So he can get away with God knows what.

We all witnessed him try to unlawfully snatch victory from the jaws of his defeat in 2020 and fail, thanks to the dozens of lawyers and judges who argued against and struck down his nonsensical pleadings in court cases across the country, and to the members of Congress and Vice President Pence who refused his treasonous efforts on January 6, 2021.  But his basic approach – to election stealing, to everything – is to never admit defeat (even when defeat is obvious) and always fight back with greater force.  Getting his ducks lined up before this November’s election is critical: he knows that if Democrats take control of either house of Congress he won’t be able to get the Compliant Congress® to pass anything to smooth the MAGA path for 2028.

The “facts” he is abusing to make his argument concern voting by mail and voting by non-citizens.  Voting by mail is a simple, reasonable, pretty uncontroversial method of voting, which Trump himself has reportedly taken advantage of for years (apparently without any fraud, eh?).  Yet Trump has been lying about problems with voting by mail for years, despite research by conservative and GOP organizations finding no significant issues: as reported recently by the New York Times,

An election fraud database maintained by the Heritage Foundation, a conservative think tank, includes just under 300 cases of proven “fraudulent use of absentee ballots” over a 43-year period, from 1982 to 2025. And in 2025, the Brookings Institution found that fraud accounted for only four out of 10 million mailed ballots.

Only 300 cases of fraud in 43 years !?  Only four cases (one two three FOUR) out of 10,000,000 ballots!?!   (BTW,  Brookings headline is that there was “very low fraud and significant benefits to voters” [emphasis added])  Hardly an issue of fraud, or of election results being compromised.  Might Trump have something else in mind?

Mr. Trump has admitted that combating fraud is not the only reason to target the practice. In March, he told Republican lawmakers that passing a strict voter identification law cracking down on mail ballots, which Democrats now use more than Republicans, would “guarantee the midterms” for his party.

I.  Am.  Shocked.  So shocked.

I’m all for keeping non-citizens from voting in our elections.  As it so happens, it is already illegal for non-citizens of the U.S. to vote in U.S. federal elections.  Also illegal for non-citizens to vote in state elections in all 50 states; municipalities in three states and the District of Columbia do allow them to vote in some municipal elections.  The documented instances of non-citizens becoming registered to vote is exceedingly small; the number of those illegally registered to vote who then actually voted  is even smaller than that.  In summary, there is no evidence that non-citizens have ever voted in large enough numbers to have changed the outcome of any election, despite the hair-on-fire claims of TFG.

There has been a lot of activity in the past week over voting by mail, starting with a Supreme Court ruling that “allowed the Trump administration to move forward with plans to restrict mail-in voting before the midterm elections.”

…the justices said President Trump could proceed with implementing an executive order he had signed, which directed the U.S. Postal Service to help decide which voters should receive mail-in ballots. Under the executive order, the Department of Homeland Security will also create lists of U.S. citizens that the administration believes could be used to monitor voter rolls for noncitizens.

The decision means the administration can move ahead with planning for restricting the use of mail ballots even as a lower court continues to weigh the legality of Mr. Trump’s executive order.

It’s important to remember that the Constitution gives the states — the states — the authority conduct elections for Congress (both houses), subject to Congressional approval or revision of those plans by virtue of laws passed by the Congress.  Laws passed by Congress, not executive orders from the president –- Constitutionally speaking, the president has ZERO authority over conducting elections, including through the use of executive orders.  (It is believed that the Supreme Court justices are aware of this.)  Yes, Congress has passed laws concerning federal elections: for example, to establish a uniform election date across the country, to require states with more than one representative in the House to draw districts rather than elect all representatives statewide, and to limit campaign contributions.

But this Congress has refused to pass the SAVE Act that the president wants enacted to “ensure election integrity and prevent non-citizens from voting.”  If passed into law, this proposal would “add a new layer of documentation requirements on top of a verification system that is already in place and working.”  In practice,

Every American, including people who have been registered for decades, would need to appear in person at an election office with qualifying documents. Online voter registration, which 42 states currently rely on, would be upended or eliminated. Mail registration would end entirely. Voter registration drives would become functionally ineffective, since they depend on reaching people at events and public spaces where no one carries a passport or birth certificate.

A standard driver’s license alone does not qualify in most states. A REAL ID alone does not qualify. A military ID alone does not qualify. A tribal ID alone does not qualify. Only five states currently issue enhanced driver’s licenses that meet the bill’s requirements on their own.

(snip)

For most Americans, qualifying requires one of the following: a valid U.S. passport or passport card, a certified birth certificate paired with a photo ID, a naturalization certificate, or a Consular Report of Birth Abroad. If your name does not match across those documents, additional paperwork such as a marriage certificate would also be required.

(snip)

The requirement applies any time a voter updates their registration, including after moving, changing their name, or switching political parties. Millions of already-registered Americans would need to comply, not just people registering for the first time.

Meanwhile, back in court last week: opponents of Trump’s plan refiled their objections in light of the Supreme Court ruling, leading to a federal judge halting Administration efforts to restrict voting by mail, and to the Justice Department appealing that ruling.  And since the election is only two months away and the first mail-in ballots are about to be sent out, “The whipsawing legal battle could have major ramifications for the midterms. Nearly one-third of Americans vote by mail and election officials contend there isn’t enough time to revise their systems to comply with the new Postal Service directives.”  The Postal Service, officially, insists it has to obey the executive order, and “won’t deliver mail ballots unless states provide a list of voters who should receive them and format the envelopes in a certain way.”

But, a Postal Service official has filed a federal whistle-blower report that claims “the agency is moving forward with a ‘secretive, rushed’ effort to carry out President Trump’s order exerting federal control over mail voting, despite a court order blocking those plans.”

The official filed a whistle-blower report, published on Tuesday morning by the office of Senator Richard Blumenthal, Democrat of Connecticut, asserting that the “risky and haphazard” implementation of Mr. Trump’s order could lead to a “catastrophic failure” in the mail ballot system ahead of this year’s midterm elections.

(snip)

The official at the Postal Service, describing their work on the portal in the whistle-blower report, raised “grave concerns” that the portal’s verification process could reject tens of thousands of ballots in a bulk-mailing batch if “even one bar code on one single ballot” failed to properly scan, and that the rushed, “slapdash” development of the portal would significantly increase the chance of errors and other failures in the verification process.

“Potentially millions of American voters may not receive their mail-in ballot this election cycle in a timely manner, or at all,” the official said in the report, which was prepared with the assistance of Whistleblower Aid, a nonprofit group that represents people seeking to expose potential lawbreaking.

(snip)

The Postal Service confirmed in a statement that it had continued work on the portal amid the legal battle, but asserted that it was in compliance with the courts because it was not currently using parts of the new system that could invalidate people’s votes.

Meanwhile, the New York Times reports today that hundreds of Department of Homeland Security agents have been pulled off of their regular duties of “investigating such serious crimes as human trafficking and terrorism” to scour state voter rolls using the personally identifiable information of individual voters looking for non-citizens who are registered to vote.

Given the decades of evidence showing how rare noncitizen voting is, it’s unclear what the administration will discover, how verifiable any findings will be and what President Trump or Homeland Security Secretary Markwayne Mullin plans to do with those findings.

(snip)

Mr. Trump’s unrelenting focus on noncitizen voting has concerned election officials from both parties. So far, the administration has been unable to verify his claims, and has effectively admitted at times that its numbers have been overstated. Yet the public repetition of falsehoods about election fraud has continued to sow doubt and distrust in the electoral process ahead of a charged midterm election that will determine control of Congress [emphasis added].

All of it has left voting-rights groups and Democrats increasingly concerned that the president will try to interfere with the election. And it has alarmed former officials with the Department of Homeland Security that the agency is being weaponized as part of the effort.

Jamelle Bouie summarizes that “the president’s plot to subvert the integrity of the midterm elections looks like this.”

Issue a rule requiring states to give lists of mail-in voters to the Postal Service if their citizens hope to receive mail-in ballots. Knowing that this is a blatantly unconstitutional seizure of the states’ prerogative to run their own elections, count on a federal court to block the rule. Then challenge the injunction, arguing — under the Supreme Court’s “Purcell principle” — that it is too late to make any adjustments to voting procedures, and that the new rules should be treated as the status quo. Then hope that the Supreme Court accepts the argument that the new rules are the status quo and therefore can’t be blocked.

This would leave states that rely on mail-in voting scrambling to accommodate the new rules, leading to the kind of chaos that might keep voters from casting a ballot in the first place. And in states that reject the rules, the administration can tar the results as fraudulent. None of this would stop the public from electing a Democratic majority, but it could give that majority the taint of illegitimacy — and even tee up a situation where new members are challenged in the next session.

It is important to say that there is no way to know, at this point, if any of this will actually work in the end. But it clearly is the plan.

Is it a plan to rig the election?  To rig the counting of the votes in this election?  If it looks like a duck and walks like a duck and sounds like a duck, do you have any doubt it’s a duck?

You damn right nobody’s ever seen anything like this before

Do I have this straight: the president as a private citizen sued a department of his own government for billions of dollars, then dropped the suit as the Justice Department announced a fund that gives (essentially) him control of $1.8 billion to disburse at his whim, with no oversight, and the government agreed never to audit any of his prior income tax returns?  That doesn’t seem right…how did we get here?

As a candidate for president, who later was convicted of multiple dozens of felonies, he was asked to release his income tax returns as is customary in these elections, but said he was being audited and would release them once the audit(s) were complete.  (There is no law that prohibits the release of returns that are under audit, although some lawyers would urge their client not to while the matter is ongoing; the public release of tax returns is a nod to openness and to prove that the candidate will have no secret conflict of interest once in office.)

But then this candidate never did release his tax returns, and never gave any further reason why he chose not to do so.  (Some returns were released later by a House committee, though.)

The candidate (and we all know who I’m talking about) won the 2016 election, and later some of his federal tax returns were published after an investigation by the New York Times.  Those returns show the man who claims enormous wealth twice paid only $750 in federal income tax.  This same man had proudly boasted during the campaign that not paying taxes was an indication of his intelligence, rather than his greed or his unwillingness to pay his fair share of the operation of our nation’s government.

After the twice-impeached former president won re-election in 2024, which itself forced the termination of several other criminal cases against him due to a custom not to prosecute sitting presidents, he filed a $10 billion lawsuit – yes, TEN BILLION DOLLARS – against the Internal Revenue Service – yes, an arm of the same Executive Branch that he himself was now (again) the leader of – to recover for the alleged damages done to him by the Service’s alleged laxity in allowing his tax returns to have been published against his wishes.  That’s right: the president admits – he swears in the suit– that letting the public see his tax returns “caused Plaintiffs reputational and financial harm, public embarrassment, unfairly tarnished their business reputations, portrayed them in a false light, and negatively affected President Trump, and the other Plaintiffs’ public standing.”  Curious claim for such an outstanding and successful businessman, right, but there it is.

As the judge assigned to this case started to ask questions that indicated the suit may not have smooth sailing – that, for example, there didn’t seem to be any real conflict here if the president is suing his own government and he controls the lawyers on both sides – the president announced he has withdrawn the lawsuit.  As is his right.

But THEN, the president’s Justice Department – which has in this second TFG Administration brought shame upon itself and the nation for openly seeking revenge (under the cloak of “justice”) against the boss’ political enemies and those of the boss’ supporters – announced the creation of a giant (insert your own descriptive adjective here) fund controlled by the president’s supplicants that can be distributed by them/him, with no oversight from Congress or the courts, to those who claim damages from being victimized by a previous government of another party which had attempted (ineptly and too slowly, it turned out) to investigate allegations of lawbreaking by TFG himself.  And by his minions.

Mr. Trump’s decision to drop his suit against the I.R.S. appeared to be intended to strip Judge Kathleen M. Williams, who had been overseeing the I.R.S. case in the Southern District of Florida, of her appointed role in approving a formal settlement agreement. By dismissing the case in its entirety, Mr. Trump was able to reach an agreement with his own appointees [emphasis added] without risking the rebuke of an impartial and independent arbiter. Judge Williams, tacitly acknowledging her hands were tied, accepted the president’s dismissal of the suit and formally closed the case by the end of the day.

(snip)

Money for the fund will come from a special, unlimited account available to the Justice Department for settling lawsuits. That pool of money gives the department the authority to make monetary settlements without needing approval from Congress. A group of five people, selected by Mr. [acting attorney general Todd] Blanche, will oversee the operations of the fund, though Mr. Trump can fire its members at will. It will stop processing claims on Dec. 15, 2028, weeks before Mr. Trump leaves office.

Creation of the fund, which could be used to compensate Trump supporters who ransacked the Capitol on Jan. 6, 2021, is sure to please a president who has demanded not only retribution but recompense. But it could create major political problems for congressional Republicans already dealing with the political ballast of his unpopularity — and who will now be forced to say if they support or oppose allocating taxpayer cash to his allies at a time when many Americans are struggling economically.

AND, the agreement attempts to protect itself by claiming up front that no arm of Congress or the courts, or anyone else on this planet or any other, in perpetuity, has any legal right to try to do anything at all about it.  (We’ll see about that: two police officers who were in the Capitol on January 6 have already filed suit to block creation of the fund.  I bet there will be others.)

AND MORE THAN THAT, this agreement also bars the IRS from auditing TFG’s previous tax returns, or those of his sons, or their companies.  For ever.  (A get out of jail free card?  An after-the-fact non-disclosure agreement, shielding any evidence of any prior tax evasion?)

Is that about it?  What should we think about all this?

“This is one of the single most corrupt acts in American history,” said Donald K. Sherman, president of Citizens for Responsibility and Ethics in Washington, a nonprofit legal watchdog group that has been critical of the administration.

But others disagree, including some of the nearly 1600 people indicted for their role in the January 6 attack who have already been pardoned or had their convictions dismissed.  By TFG.  They could be getting a payout from the government they attacked.

Some felt that the fund validated their self-image as victims of the government. Others felt elated — albeit somewhat stunned — at the prospect of a payout. And not a few felt a bit confused at how the process of filing claims and receiving checks could play out.

“So many questions,” said Enrique Tarrio, the leader of the far-right Proud Boys who was sentenced to 22 years on a seditious conspiracy conviction arising from the riot. “But it’s a good direction.”

From the “most corrupt ever” reactions, to the folks annoyed by the nuisance of filling out the application, a more pertinent question (or impertinent, if you are TFG) would be, is this legal?  The answer is, I think: we will see.

The whole enterprise was a jarring shock to the conventional understanding of the constitutional system, raising what legal experts said were profound questions about presidential power. If the arrangement is allowed to stand, they said, Mr. Trump will have managed simultaneously to thwart Congress’s power of the purse and the ability of the courts to police the separation of powers.

(snip)

Professor [Samuel] Bagenstos, who served as the general counsel of the Office of Management and Budget and of the Department of Health and Human Services in the Biden administration, wrote in January about the danger posed by the Judgment Fund.

“An administration that wished to spend money on projects or beneficiaries not authorized by Congress,” he wrote, “could simply encourage its desired recipient to bring a lawsuit against the United States and then settle that lawsuit (no matter how frivolous) by making a payment from the Judgment Fund.”

While Congress has ceded power to the executive branch, it could also reclaim it. Indeed, Senator John Thune, Republican of South Dakota and the majority leader, said on Tuesday that he expected lawmakers to scrutinize how the president’s lawsuit had been ended.

(snip)

A Justice Department news release on Monday said that the “plaintiffs” — that is, Mr. Trump and his family — “will receive a formal apology but no monetary payment or damages of any kind,” a provision the White House used to defend the fund. Still, the opportunity to help direct payments approaching $2 billion to allies has value.

So does the elimination of the threat of an audit. In 2024, The New York Times reported that Mr. Trump could face a tax liability of more than $100 million.

The deal was open to question for other reasons.

The I.R.S. had plenty of defenses to Mr. Trump’s suit. For instance, it might well have been barred by the statute of limitations.

Nor was it clear that the agency was liable for the acts of Charles Littlejohn, a former I.R.S. contractor who pleaded guilty to leaking Mr. Trump’s tax information and whose actions Mr. Trump had cited as a reason he had been wronged by the government.

The sum Mr. Trump sought was also roughly equal to the agency’s annual budget.

And the suit was palpably collusive, ordinarily a reason for a judge to toss a case.

Tuesday’s addendum to the settlement, the codicil purporting to immunize Mr. Trump and his family, raised its own legal questions.

(snip)

Even under the Supreme Court’s 2024 decision conferring broad immunity on Mr. Trump for his official acts, purely private conduct, as the filing of a tax return would seem to be, is fair game for prosecution after a president becomes a private citizen. It is not clear whether the addendum could block a future administration from pursuing such a claim.

Here’s another reason I couldn’t work for this president

The first reason, of course, is that he would never ask me to.  Or more correctly, the deeply cynical and hyper-efficient Christian nationalists, and the vacuous and power-hungry suck-ups who run his administration, would have no use for me since I am not on board with their plans to turn back time to an America where white men alone are in charge of everything, women are meant to serve the men even when they are put in positions that seem to carry authority, and anyone not from their tribe – nationally. ethnically, religiously, or otherwise – knows better than to cause trouble.  (You don’t really think TFG himself came up with all these ideas for government “reforms,” do you?  He’s focused mainly on self-aggrandizement and financial corruption.)  The second reason is I could never keep my mouth shut long enough about the national embarrassment that is the Republican-controlled Congress and their complete abrogation of their responsibility to be a check and/or balance on the Executive branch to win Senate confirmation.

And the third is, it’s got to be just too exhausting, what with all the work they have to do to constantly kiss his ass and to flex for the public to show what big strong masculine manly men they are.  Here are two shining examples from just the past few days.

In more than fifty years of paying attention to the operations of the federal government I never once before saw anything meant to be so stupefyingly ego-massaging, while also as appallingly degrading, as the televised opening of a Trump Cabinet meeting, at which each member is expected to publicly slather the boss up one side and back down the other with excessive praise for some imagined achievement, all as he sits by with a canary-eating grin to feign embarrassment and gratitude for the unsolicited praise.  Imagine, if you will (if you can), how the titans of industry and government who agreed to serve in this administration, even when they had little to no respect for TFG himself, were silently thinking that they now knew what it must have been like for Prometheus to be chained to that rock.  Since then our government leaders have suffered no shortage of sickening superlatives any time they are called upon to describe Trump’s abilities, his wisdom, his patriotism or his leadership.  Now some of them have been called on to measure their praise of the president in another way.  Another, very weird way.

Will Marco Rubio’s humiliations never end? Recent photos show the secretary of state, whom Donald Trump dubbed “Little Marco” at a campaign rally almost exactly one decade ago, clomping around in shoes that are far too large for his feet. They’re black and freshly shined, an otherwise appropriate choice for a political leader a few heartbeats away from the presidency, but with a gap around his heels that could fit a sizable tube of lip gloss in a pinch.

The shoes cut an absurd figure, like a little boy pretending to be a businessman in Daddy’s oxfords. And they’ve got to be hideously uncomfortable. If you’ve ever walked a mile in the stiff leather dress shoes of someone bigger-footed than you, you know the blisters, toe stubs, and awkward gaits that can come as a result.

But a little fashion faux pas and a touch of foot pain are a small price to pay for pleasing the temperamental king of the GOP. As the Wall Street Journal reported this week, Rubio’s shoes came as a gift from the president, who has taken to bestowing his favorite brand of shoes on Republican lawmakers, right-wing A-listers, and the men who work in his administration. A pair of affordable Florsheims has become Trump’s go-to token of appreciation for his bro gang—or, depending on how you look at it, a mandatory uniform signaling the loyalty of his acolytes.

Having to wear the same stupid shoes to every White House meeting because your self-obsessed boss wanted you guys to be matchy-matchy is embarrassing enough. But the particular circumstances of Rubio’s shoes are downright pathetic. As Vice President J.D. Vance recalled at an event in December, the Journal reported, he was meeting with Trump, Rubio, and an unnamed third politician in the Oval Office when the president accused Vance and Rubio of having “shitty shoes.” Trump asked them all for their shoe size; Vance made sure to put in the record that he’s a size 13, while Rubio claimed to be an 11 and the third man a 7. The president then launched a sideways insult at the guy with the daintiest feet: “You know you can tell a lot about a man by his shoe size.”

That the “locker-room talk” president would place an inordinate, genital-related premium on a man’s foot size was surely no surprise to Rubio, who has risen in GOP influence in direct proportion to his willingness to contort himself to Trump’s exact desires. It does not seem out of the realm of possibility, then, that Rubio would inflate his own shoe specs to impress Trump with his masculine bulk.

You can imagine the gears in Rubio’s brain whirring as he sat across the Resolute Desk from Trump. If he shared his actual shoe size, the president might scoff at his presumably small penis. If he lied and offered a larger number, he’d end up shuffling around D.C. in Daddy’s big-boy shoes for the rest of time. The correct answer was clear: Rubio’s pee-pee reputation had to remain intact, whatever the cost to his feet.

(snip)

Perversely, Rubio’s gaping shoes might do more to please the president than any pair of ample-sized feet ever could. Humiliation is exactly how Trump prefers to test the fealty of those in his employ. If you want to be in the president’s orbit, you’d better pretend it’s the pinnacle of artistic excellence when Lara Trump belts out a nasal Tom Petty cover at the Mar-a-Lago New Year’s Eve party. You’ve got to smile and choke down your Big Mac on Air Force One, even if you’ve made your name as the clean-eating guy. As the vice president, you’re supposed to graciously nod as Trump calls you incompetent, accuses you of being a buttinsky, and says you’ll never be his successor. Every time Trump makes these people lie to themselves or endure a public shaming, he weakens their sense of self and their public image, reducing their worth to their proximity to him.

Regardless of how they used to do things in whatever world they came from, the men of Trump World know they are now expected to be confrontational with the news media.  Aggressively confrontational, whether or not either aggressiveness or confrontation is appropriate.  Always.  It is part of the lesson Trump learned more than fifty years ago from the infamous New York City lawyer Roy Cohn, whose mantra when it came to any dispute was: never apologize, always fight back with greater force, and never admit you were wrong.

Even though he catered to the New York City newspapers in his business career, Trump the politician and president has always accused journalists – all journalists – of being against him.  Unless they are sucking up to him (yes, I’m looking at you, Fox News, Newsmax and some others) and/or inventing new ways to curry favor, any journalist who dares acknowledge provable reality and ask a non-fawning question is “the enemy of the people.”  Now, Trump didn’t invent this strategy, and there are plenty of conservative Americans who don’t believe impartiality is really a thing, who view any negative story as evidence of opposition rather than the result of regular old honest reporting.  We know that all of establishment journalism is not against this president, nor were they nor will they all be against any other president.  It is not their job to be “for” any president or elected official, but to ask questions and report news for the benefit of the readers, listeners and viewers.

That does not mean that there can be no complaints about how a story is covered.  Not all journalism is perfect…most of it is not perfect, probably.  And Trump is only the 47th president ever to complain about stories written about his government.  (I assume.)  In his case, the complaints are usually not that any particular story is inaccurate, but that it is insufficiently flattering of him.  What is different now is that this president accuses those who do not flatter him of committing treason.  And his top broadcasting regulator is busy showing how tough he can be with “the media” but forgetting everything he should have learned about the First Amendment last September.  Back then he was pressuring a television network to discipline a talk show host for expressing an opinion that Trump didn’t like or agree with; now, he is blatantly, unconstitutionally threatening to use the power of the government to put the offenders out of business.

Brendan Carr of the Federal Communications Commission, issued an explicit warning to broadcast television networks on social media, writing that “hoaxes and news distortions” could lead to the revocation of licenses for local stations, a threat that Mr. Trump said he was “so thrilled to see.”

(snip)

Previous White Houses also complained about domestic news coverage of American intervention in the Middle East. But this administration’s attempts to shame, and in some cases punish, journalists for straightforward reporting on the war has engendered comparisons to the demands of foreign authoritarian leaders.

(snip)

The licensing threat from Mr. Carr, the F.C.C. chairman, raised eyebrows in part because the agency has been traditionally viewed as independent. As a regulator, Mr. Carr has government tools at his disposal to punish media organizations, though the process for revoking a broadcast license is onerous and can take years. On Sunday, the Democratic minority leader, Senator Chuck Schumer of New York, called his comments “vindictive, fascist stuff.”

Mr. Carr made his remarks on a day when he was seen speaking with Mr. Trump at the president’s Mar-a-Lago resort in Palm Beach, Fla., according to CNN. Mr. Carr was criticized last year for implying that he might retaliate against ABC for on-air comments by Jimmy Kimmel, the late-night host, who was then temporarily suspended by the network.

To Trump and Carr, and Pete Hegseth and Karoline Leavitt and all the others crying about their bad press this week: toughen up, snowflake.  (Maybe, don’t do those things that people are criticizing?)  And, seriously, what part of the government “shall make no law…abridging the freedom of speech, or of the press” don’t you understand?

Our elections ARE at risk, if you know who gets his way

The most surprised I ever was about anything in my life was the day I watched on television as thousands of members of MAGA world rioted at the U.S. Capitol, physically assaulted the law officers on duty there and tried to illegally interfere with the peaceful transfer of presidential power, because they believed Donald Trump’s lies that the 2020 presidential election had been stolen from him.  Ultimately they only delayed the work of Congress, and the fact that the criminal convictions of more than 1200 people for their actions that day were erased by TFG’s clemency doesn’t mean it didn’t happen; it did, and we all saw it.  He hasn’t stopped lying about that ever since; he’s now laying the groundwork to easily steal the next election.

Earlier this month the president repeated a call for the Republican Party to nationalize federal elections.  Despite the Constitutional provision that elections for federal office are to be run by the states (or perhaps just ignoring the Constitutional direction, as he often does), Trump appeared on a podcast and said he “believed the federal government should ‘get involved’ in elections that are riddled with ‘corruption,’ reiterating his position that the federal government should usurp state laws by exerting control over local elections.”  You shouldn’t be surprised to learn that the places he believes to be “riddled with corruption” are places where Democrats do well.  Only  places where Democrats do well.

Mr. Trump’s comments and an intensifying Republican push in Congress to tighten voting laws — along with an F.B.I. move last week to seize ballots and other voting records from the 2020 election from an election center in Fulton County, Ga., — suggests a broader drive by the president and his allies to sow distrust of American elections ahead of midterm balloting in November.

Mr. Trump himself has repeatedly forecast in recent months that Republicans would lose midterms, after the party was rattled by losing several local races last November, and a Democrat won a special election in Texas last week in a district that Mr. Trump had won by double digits.

Voting by noncitizens happens rarely, and it is already illegal in federal elections. But Mr. Trump and many of his allies repeatedly and baselessly insisted during the 2024 election that noncitizens were flooding to the polls — a campaign of misinformation that has ramped up in recent weeks as the election nears.

The Justice Department, which has been newly politicized under Mr. Trump, is demanding that numerous states, including Minnesota, turn over their full voter rolls as the Trump administration tries to build a national voter file.

You’ve got to give the Trumpers credit for being better organized about election rigging this time around: his new director of election security and integrity, “with the power to refer criminal investigations…into things that have been thoroughly debunked,” is “Kurt Olsen, a rather prominent character in Mr. Trump’s election denialism movement. Mr. Olsen, who is a lawyer, was considered by people in the first Trump administration to be a fringe menace.”  Fox, meet henhouse.  (No, not that Fox.)

No matter how many times the results of the 2020 election have been rehashed, Mr. Trump’s fixations have not abated. Mr. Olsen’s position is proof of that.

But he is not the only one. The president has installed proponents of his fraud claims all across his administration. And increasingly, he has started to cast doubts on the coming midterm elections as Republicans face potentially big losses in November.

(snip)

“Kurt Olsen has a history of abusing his law license to spread lies about our elections,” said Christine P. Sun, a senior vice president at the States United Democracy Center, a nonprofit group that works with state officials to bolster confidence in their elections. “Now, he’s using his role in the administration and the power of the federal government to take actions fueled by those same lies. It’s part of a multipronged approach that threatens state power over our elections.”

Mr. Olsen has said he began his career in the 1990s at the large corporate Washington firm Kirkland & Ellis. He went to Christmas parties at the home of Jeffrey A. Rosen, a partner in the law firm at the time who would go on to become the acting attorney general during Mr. Trump’s first term, Mr. Olsen has said. Mr. Olsen has said that he never did any election legal work.

During the frantic weeks following the 2020 election, Mr. Trump and others immediately began claiming, without evidence, a wide variety of problems with election machines. Mr. Olsen, too, came to believe that “something was not right,” he said in a legal deposition in 2023.

(snip)

That started him on a path of taking on cases that many other Republican attorneys avoided putting their names on, including one brought before the Supreme Court in December 2020 seeking to reverse Mr. Trump’s defeat at the polls. Mr. Olsen has said that the team worked “round the clock” to put the case together.

After the Supreme Court rejected the case, Mr. Olsen said he spoke to Mr. Trump and discussed a strategy to have a similar suit brought by the Justice Department. He also pressed his old colleague Mr. Rosen to bring the case on behalf of the country.

But Mr. Rosen told Mr. Trump in an Oval Office meeting that the case would not be accepted because of a lack of standing. Mr. Trump responded that Mr. Olsen had promised it was a “slam dunk,” according to a report from the Senate Judiciary Committee.

Even after Mr. Trump left office, Mr. Olsen continued to press the false claims about election machines. He found a like-minded ally in February 2021 when, according to Mr. Olsen’s testimony, Mr. Trump introduced him to Mike Lindell, the chief executive of MyPillow, who has become best known for promoting the falsehood that voting machines are often rigged and have flipped elections.

The two worked together for years with a movement of activists and cybersecurity experts around the country to promote conspiracy theories about election machines through lawsuits, media appearances and yearly conferences.

Mr. Lindell was a public face of the movement. With less bombast, Mr. Olsen served as the lawyer for many of the cases, including an attempt to overturn the 2022 election for Arizona governor. Mr. Olsen represented Kari Lake, an election denier who ran failed campaigns for statewide office in Arizona. (She was also rewarded with a role in the new Trump administration, one that allowed her to oversee the firing of most of the journalists at Voice of America.)

Repeatedly, though, Mr. Olsen faced resounding defeats. In Arizona, he was sanctioned in federal court for making false claims. In Georgia, a legal effort on behalf of the DeKalb County Republican Party challenging the state’s use of election machines failed.

Still, the movement’s proponents have survived despite those defeats.

Heather Honey, who was a witness for the unsuccessful lawsuit that Mr. Olsen brought on behalf of Ms. Lake, was given a position in the Department of Homeland Security overseeing election integrity. Marci McCarthy, who was the chairwoman of the DeKalb County Republican Party, now oversees public affairs at the department’s Cybersecurity and Infrastructure Security Agency.

Clay Parikh, who served as an expert witness for Mr. Olsen in his cases in both Georgia and Arizona, is now a special government employee whose analysis was relied on in the F.B.I.’s Fulton County investigation, according to the affidavit.

And not least is Mr. Trump himself — the man who keeps trying to rewrite the country’s past and is now in charge of its future.

An important point to acknowledge here is that there may be  good reasons to have the federal government involved in running elections.  In a 2012 book UCLA law professor Richard Hasen argued that an independent, non-partisan body in charge of national elections “could decrease the amount of partisan fighting and litigation over election rules, increase the competence of election administration, and assure we have a system run with integrity and fair access to voting.”  But one thing has changed his mind…actually, one person:

Donald Trump has caused me to abandon this argument. As I wrote in the New York Times last summer, when the president tried to impose his authority over various aspects of American elections via an executive order: “What I had not factored into my thinking was that centralizing power over elections within the federal government could be dangerous in the hands of a president not committed to democratic principles.”  At this point, American democracy is too weak and fragile to have centralized power over elections in the hands of a federal government that could be coerced or coopted by a president hell-bent, like Trump, on election subversion. [emphasis added]  Courts have ruled that parts of Trump’s executive order are unconstitutional because the president has no role to play in the administration of elections.

Trump’s comments on nationalizing elections ironically prove the point that we should not nationalize elections. He apparently wants to target the administration at blue states, doing who-knows-what to make it harder for people to vote for Democrats. He desperately fears a Congress controlled by Democrats that could check his and his administration’s power. As he did in 2020, when he unsuccessfully attempted to overturn the results of the fair presidential election that he lost to Joe Biden, Trump hangs it all on voter fraud. His comments to [Dan] Bongino about noncitizens voting, just like his comments about mail-in balloting, show Trump as either a liar or delusional. The amount of election fraud of this type is extremely rare. We know it because states, including red ones like Georgia—where Trump’s administration recently raided election offices in a serious threat to the 2026 vote—have gone hunting for fraud and found very little.

(snip)

We should now look to states to step up the competence, integrity, and accessibility of their election systems. They serve as the front line against election subversion. Diffusion of power in the states makes it much harder for Trump to mess with the midterm elections. Whether or not the Framers intended it, our messy, decentralized, partly partisan, uneven system of administering elections turns out to be the best bulwark against would-be authoritarian presidents.

This is another example of an overworked Trump trick: telling lies to “create” a problem where none exists (massive election fraud) so he can suggest a “solution” (nationalizing elections) that would allow him to benefit…himself, in this case, to take official, legal control of elections so he can dictate the results.  If it works in the 2026 midterms – helping Republicans maintain control of the House and the Senate – what might happen in the 2028 general election?

He’s daring us to stop him.