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.

Donald the Dog Whistler

It’s not the fact that there are throwbacks like the people who marched in support of a Robert E. Lee statue in a park in Charlottesville, Virginia, yesterday that surprises me.  Saddens me, yes, but doesn’t surprise.  The only part about all that happened yesterday that did surprise was the response to it all from the president of the United States: I don’t know if he was excrutiatingly selective about his words, or just tone deaf, but he couldn’t find the words, or even the Tweets, to condemn white supremacists.

https://twitter.com/MerryRey/status/827416649582125056

https://twitter.com/RicoGagliano/status/896476997031014400

https://twitter.com/benjaminwittes/status/896489642266157057

He didn’t/wouldn’t take sides in a fight over basic human rights, or even pretend to take sides and be seen as part of the mainstream.

https://twitter.com/tribelaw/status/896570074076766209

What he did do yesterday was dog-whistle a message to some of his supporters, the people who knew he was an ignorant, truth-impaired, narcissistic megalomaniac with the attention span of a two year old but voted for him anyway, because when he promised to “make America great again” they heard “take our country back.”  If we didn’t realize a long time ago what that means to those people, we know now:

The turmoil in Charlottesville began with a march Friday night by white nationalists on the campus of the University of Virginia and escalated Saturday morning as demonstrators from both sides gathered in and around the park. Waving Confederate flags, chanting Nazi-era slogans, wearing helmets and carrying shields, the white nationalists converged on the Lee statue inside the park and began chanting phrases like “You will not replace us” and “Jews will not replace us.”

(snip)

“We’re going to fulfill the promises of Donald Trump” to “take our country back,” said Mr. [David] Duke, a former imperial wizard of the Ku Klux Klan. Many of the white nationalist protesters carried campaign signs for Mr. Trump.

The White House is trying to cover his ass about it today, but what the president said yesterday—when it happened; when it mattered—was “We condemn in the strongest possible terms this egregious display of hatred, bigotry, and violence.  On many sides; on many sides.”

Meaning what, exactly?

Yesterday in Slate, Josh Levin had a great answer to that question:

He then said those three words again—“On many sides”—as if to emphasize that this throwaway phrase was in fact the only bit of his short speech that he truly believed in. He did not talk about white supremacy, and he did not note the prevalence of racist chants. The troubles in Charlottesville, the president said, were everyone’s fault. Or, to put it another way, nobody in particular was more responsible than anyone else for what happened in Virginia this weekend. Not the president. Not the party that enabled him. Not even those who idolize Adolf Hitler.

Trump’s refusal to condemn white supremacist violence, coming on the heels of his silence in the aftermath of last week’s mosque bombing in Minnesota, is just the latest affirmation of his fundamental immorality. The president’s racist, anti-Semitic, Muslim-hating acolytes heard the words Trump didn’t say on Saturday. They know they have an ally in the White House, a man who will abet anyone who abets his own hold on power.

Don’t think that it’s only the liberal mainstream media that thinks Trump is favoring the white supremacists—the white supremacists noticed, and cheered, the fact that he did not attack them and their ideology!

Trump comments were good. He didn’t attack us. He just said the nation should come together. Nothing specific against us.

He said that we need to study why people are so angry, and implied that there was hate… on both sides!

So he implied the antifa are haters.

There was virtually no counter-signaling of us at all.

He said he loves us all.

Also refused to answer a question about White Nationalists supporting him.

No condemnation at all.

When asked to condemn, he just walked out of the room.

Really, really good.

God bless him.

He’s had another 24 hours to think about it, to articulate his beliefs, to try to make clear to people how he feels on the subject.  As of post time, he has not.  [UPDATE 8/14: Here‘s what he had to say today; it does not seem to me that his heart was in it.] [ANOTHER UPDATE 8/15: Never mind, he took it back.]

https://twitter.com/jk_rowling/status/896406206901833729

Josh Levin:

On a day that called for the president to take a stand, he instead made a perverse call for unity. “I love the people of our country,” Trump said at the end of his Bedminster Address. “I love all of the people of our country. We’re going to make America great again. But we’re going to make it great for all of the people of the United States of America.”

The neo-Nazis in Charlottesville heard that call, and so did the posters on the Daily Stormer. “On many sides,” Trump said. These are not anodyne words. They are dangerous ones. On Saturday, the president had the chance to tell the nation what it is he does and doesn’t believe in. That’s exactly what he did.

https://twitter.com/Mike_Eagle/status/896514685201035264

You could also check out this fine Twitter thread from yesterday, if you want to have a think about the gist of the protest from the white supremacists:

https://twitter.com/JuliusGoat/status/896326301832925184