A sliver of dawn, a sleight of hand

Just two weeks ago the president who never stops impressing us with his corruptive instincts and self-serving interpretations of law and custom raised the bar like nobody’s ever seen before.  He went to court as a private citizen suing his own government for $10 billion in damages, then withdrew the suit in favor of the establishment of a multi-billion dollar fund he could control from the shadows that could make payments with taxpayer dollars (your taxes and mine) to anyone who claimed to have “victimized” by the Biden Justice Department, including the people convicted of crimes for storming the Capitol on January 6.  Turns out those “billion-dollar slush fund” headlines were too much, even for the cowed and subservient Republicans in Congress who had never before seen any Trump proposal they couldn’t love.  But so far, they still providing cover for another part of the “settlement” that’s just as corrupt and self-serving for you know who.

In the good news section, we have yesterday’s declaration by the acting attorney general “withdrawing a proposal to create a $1.8 billion fund to compensate people claiming to be victims of unfair prosecution, amid a revolt among Republicans who saw it as an ethical and political disaster.”  Even at that, though, the acting AG (and Trump’s former criminal lawyer) wouldn’t go as far as some members wanted.

Democrats repeatedly requested that Mr. [Todd] Blanche commit to rescind, in writing, his order creating the payout fund.

“You started it, you established it in writing, so it just makes sense to rescind it in writing,” said Representative Grace Meng, Democrat of New York.

“I’m not committing to put anything in writing,” he said, adding that he would abide by his word and would take the request under advisement.

So, won’t sign, but you can trust him?  Right.  Some Republicans senators trust him so much that today they’re considering writing a ban on the fund into law! [6/5 Editor’s note: they tried, but they did not succeed. Later today Justice Department filings in two courts stated the fund is not going forward; I’m still not convinced.]

And just because Blanche “promised” this bad idea would be canned does not, I think, mean we should trust that it will.  The Trumpists usually come up with a backup plan to get whatever crazy thing they want; they are not the kind to throw up their hands and whisper “oops, my bad.”

Still, on its face at this point, I finally see a glimmer of a sign that Trump can be stopped: by the citizens who react so viscerally to such a poorly-camouflaged grift, who then empower the paper tiger members of Congress to for once do their —-ing jobs and stand athwart a runaway Executive and shout “Stop!”  The only people who seem unhappy about this development are those January 6 offenders-turned-pardonees who thought they’d stumbled onto a way to monetize their treason.

Another good news part is that the federal judge who originally felt she had no choice but to let this plan go ahead has had a change of heart.  After three dozen former federal judges argued “that Mr. Trump’s settlement agreement raised serious questions about his ‘candor toward the court and manipulation of the judicial system,’” Judge Kathleen Williams re-opened the case to investigate allegations that the court was deceived through the misconduct of lawyers.  All of whom, you’ll recall – both sides – are Trump’s lawyers.  Words like “collusion” and “fraud upon the court” are being summoned.

Before she closed the case, Judge Williams, an Obama appointee, had in fact questioned whether the lawsuit presented an actual conflict that she could adjudicate, given that Mr. Trump was on both sides of the suit, bringing claims against a federal agency that he controlled. When she closed it, she noted there was no “settlement of record,” but shortly after, the Justice Department released its agreement foreclosing the action.

In her brief but stern order on Friday, Judge Williams said that she wanted to investigate the circumstances surrounding Mr. Trump’s efforts to settle the lawsuit in a way that benefited him and his allies. If she succeeds in moving forward with her inquiry, it could ultimately result in questions being asked of the Justice Department leaders who signed the agreements to settle the suit — chief among them, Todd Blanche, the acting attorney general, and Stanley Woodward Jr., the No. 3 official in the department.

In her order, Judge Williams asserted that she was “empowered to investigate serious misconduct” in any case before her, and ordered Mr. Trump’s lawyers to tell her by June 12 whether the lawsuit should be formally reopened because “the court was the victim of a fraud.”

She also wanted Mr. Trump’s lawyers to respond to the question of whether he had colluded with his own government to settle the case “to avoid judicial scrutiny.”

(snip)

In their filing…the former judges claimed that Mr. Trump had improperly used his suit against the I.R.S. as a way to obtain “unlawful private benefits” for himself and his family, and to create a fund that would dole out taxpayer money “without constitutional or congressional authority.”

They also argued that the president had tried to shield the deal from judicial oversight by rushing a settlement and “short-circuiting” Judge Williams’s ability to examine its terms.

Now, it wouldn’t be much of a good news/bad news set up if I didn’t have at least one bad news item to point out.  And it comes from right in the middle of the good news about the Trump Administration’s “aw shucks” reversal of the plan for a $1.8 billion fund to pay “victims” of political harassment by the Justice Department.  The Biden Justice Department only, of course.

But Mr. Blanche said he would leave in place [emphasis added] an order he signed last month that would, in effect, block the I.R.S. from investigating Mr. Trump, his family and his businesses for existing tax violations.

“Nothing has changed with that,” said Mr. Blanche, who added that the tax order would not shield Mr. Trump and his associates from future investigations.

Sleight of hand is a wonderful thing when used by magicians as entertainment, but it’s not so damn entertaining when our government distracts us with shouts of “nothing up my sleeve” while end-running Congress to legalize whatever tax evasion TFG might have committed in the past…you know, back in the time he gloated that not paying federal taxes “makes me smart.”

Trump and Republicans have offered zero clarity about the future of the other part of his slush-fund scheme: the grant of immunity from IRS scrutiny for Trump, his businesses, and his family members. Incredibly, this would “forever” bar IRS audits of past tax claims by the Trump clan or the Trump Organization. Democrats can try to make Republicans vote on that  towering act of corruption, which might prove politically even worse.

(snip)

Democrats tell me they’re moving to force votes in Congress that would effectively nullify the IRS immunity piece, as well. That provision is potentially an incredibly lucrative giveaway for Trump: It could benefit him to the tune of tens of millions of dollars. So one approach would be for Democrats to use “reconciliation”—the process that Republicans are using to pass the ICE funding, which enables Senate passage by simple majority—to push amendments that would nix Trump’s IRS immunity scam.

“We will do whatever we can to force a vote during the budget reconciliation process on this monarchical outrage and further plunder of the people,” Representative Jamie Raskin, the ranking Democrat on the House Judiciary Committee, emails me. Senate Minority Leader Chuck Schumer, meanwhile, said on the Senate floor Tuesday that Democrats are set to push an amendment that will “revoke” Trump’s and his family’s “free rein to commit tax fraud.”

Here a complication arises. Now that Trump seems to have put his slush fund on hold, Senate Republicans may drop any effort to nix it via legislation from the reconciliation process entirely. If so, that could procedurally preclude Democrats from offering any amendments involving the IRS settlement—including one nixing Trump’s IRS immunity scam.

(snip)

Now imagine if the public broadly understood that Trump has ordered his Justice Department to reach a deal exempting himself—and his businesses and family members—from a good deal of IRS examination. This could personally and directly benefit Trump by saving him enormous sums of money while quite consciously placing him and his cronies above laws that the rest of us must live under.

That’s another level of self-dealing entirely. And Trump is flaunting it with great relish. OK, then: Democrats should do everything they possibly can to ensure that vulnerable Republican incumbents own every last little bit of it.

We all know – or certainly should know by now – that the only person Trump cares about is himself.  If he could finagle a couple billion dollars to buy the continuing fawning adoration of his supporters, that’s fine; but the one part of this whole agreement he won’t give up willingly is the order to protect himself from the IRS.

A peek of sun

This is a miserable day: there’s a small hurricane a few hundred miles to the south that is shooting enough rain over my area that the golf course has actually closed, and they rarely do that; I’m finishing four months mostly stuck at home doing my tiny part to stifle the spread of COVID-19, which has a renewed outbreak here in southeast Texas thanks mostly to simple impatience encouraged by misguided state and national political leadership; and while the Major League Baseball season finally began in Houston last night I found from watching just a bit of it on television that the lack of fan excitement in the ballpark compounded my disinterest arising from the off-season report that my team cheated.

But there is good news: support for Donald Trump among Republicans is starting to crack!  Finally.

I do not understand—have never understood—the attraction of Donald Trump to the American people, beyond the fact that he is not Hillary Clinton and that was enough for many.  Trump has no guiding philosophical principles (beyond self-enrichment and self-aggrandizement) that might attract like-minded people, and even if he did, you’d think the cold, clear reality that Trump lies (about everything) should be enough to persuade those people that he cannot be trusted in anything that he says.  Even his TV catchphrase “You’re fired” was misleading, in that we’ve now seen that he doesn’t have the courage to fire anyone to their face, no matter how much they may deserve it.  He’s a con man; a fraud.  He’s also an incredible whiner, obsessed with whether people have been “fair” and “nice” to him—why didn’t he ever learn that life is not fair, and people are not always nice?  (Has he looked in a mirror?)

He’s also proven himself to be conspicuously susceptible to praise—he thrives on having others tell him how great he is.  Don’t think the leaders of Russia, China and North Korea haven’t noticed.  I’ve never seen anything as demeaning as those Cabinet meetings and other gatherings at which Trump kicks it off by going around the table “giving” everyone the chance to open up their Roget’s and find new ways to kiss his ass—in public!  Like they had a choice…I do not understand why, after the first one of those, the people around that table ever came back.

Actually, I think I do understand, at least to an extent: leaders of the Republican Party in and out of government are willing to put up with all the hideous and despicable behaviors of Trump because that’s the price to pay for getting what they want from having their party in power.  What other reason could there be for men and women who have demonstrated their skill in the system and risen to these positions of power to now debase themselves without public complaint to the same man most of them strongly dismissed and ridiculed right up to the minute he secured their party’s nomination?

The “what” of “what do they want?” from Trump differs, of course.  It could be as simple as political spoils, personal appointments or government contracts.  It could be as clear as being part of the plan to advance a philosophical agenda, either by, for example, enabling racists to control the levers of power, or by installing a generation of judges to lifetime appointments to influence the nation’s laws.  But in supporting him as president, they have also enabled all that we get from Trump: the disinterest in properly handling the government’s response to a pandemic, the misguided policy priorities, the self-inflicted trade wars, the attempts to use the government to enrich himself and to punish his enemies, the damage to relations with our allies as well as our enemies, including the attempt to blackmail a foreign leader for his personal and political gain that led to his impeachment.  (Don’t forget impeachment!)  And despite all that, the polls have been showing that Republicans still support him.

But if you look carefully, as Greg Sargent did in the Washington Post this week, you can see some cracks in that wall of support.

https://twitter.com/ThePlumLineGS/status/1286674902276243458

In a revealing aside, President Trump told chief propagandist Sean Hannity on Thursday night that he traces much of the overwhelming enthusiasm for his reelection now sweeping the country back to his Mount Rushmore speech commemorating Independence Day.

“Since that time, it’s been really something,” Trump told Hannity, before raging that fake polls are deliberately obscuring the mighty depth and reach of his support.

In that speech, Trump offered his canonical statement on the unleashing of federal law enforcement into cities, conflating protests against police brutality and systemic racism with a “far-left fascism” out to “take” our “national heritage” away from the “American people.”

At around the time Trump appeared on “Hannity,” all four Major League Baseball teams playing Opening Day games took a knee in solidarity with Black Lives Matter before the national anthem, flatly defying Trump’s relentless disparaging of the protests, and more broadly, the vision outlined in that speech.

In all kinds of ways, Trump’s depiction of this national moment, as enshrined in that speech, is losing its grip on the country. In some cases, Trump’s own officials are defying his efforts to carry that depiction to the authoritarian climax he so craves.

Meanwhile, Trump’s sinking popularity — which is linked to that loosening grip, as his efforts to impose that understanding on us are surely helping drive his numbers down — is leading to open defiance among his own party.

Players taking a knee in solidarity with Black Lives Matter, Republicans standing up to Trump on Confederacy issues and on vote by mail: Sargent cites these among seven examples where, across the country and including Republicans, people may finally be getting so tired of Trump and his constant drama that they are ready to tell him to shove it.  I hope he’s right.

Another example: Republican Congressional candidates in the Houston area who recently won their party primary runoffs by trumpeting their support of Trump are kicking off the general election campaign by…toning it down.  A lot.

Of course, I wonder why it’s taken so long, especially for elected officials who generally consider themselves, each and every one of them, the bright center of the universe around which all else revolves.  After swallowing their pride and kowtowing to this spoiled child for so long, they would not be abandoning ship now if they thought he was going to win in November.  Maybe they’ve finally seen the light and are doing what’s right for it’s own sake.  (Right.)  You decide.

Now.  For.  The.  Twitter.  Fun.

https://twitter.com/ProjectLincoln/status/1286687854823903232

https://twitter.com/ecasco424/status/1286446541171863552

https://twitter.com/Timodc/status/1286382009909039104

Person, Woman, Man, Camera, TV!