Weaponization for me, but not for thee

Hey Pat, why can’t you ever say anything nice about President Trump?

Um…how about this: he really knows how to hold a grudge, like nobody’s ever seen before!

You remember how he campaigned against the alleged/imagined “weaponization” of Joe Biden’s Justice Department, claiming it was “weaponizing the legal force of numerous Federal law enforcement agencies and the Intelligence Community against those perceived political opponents in the form of investigations, prosecutions, civil enforcement actions, and other related actions.”  He was so serious about it that he made it the subject of one of those first executive orders issued the very evening he was inaugurated last year.  Today I read that order more closely and realized that it states its purpose as setting “forth a process to ensure accountability for the previous administration’s weaponization of the Federal Government against the American people” (emphasis added) and directs the Administration to “correct past misconduct by the Federal Government” from such weaponization.  It never promises that this Administration won’t do the same as it claims Biden’s did.

Now, I can’t say for a fact that the Biden Justice Department (or that of any other previous president, except probably Nixon’s) never never ever went after political opponents when there was no legal case, although I have strong doubts.  But the poor Biden Administration clearly has nothing to compare to what’s going on now.  Why, just today, the Justice Department got a new indictment against former FBI director James Comey, a critic of Trump.

An indictment filed in North Carolina charged Mr. Comey with making a threat against the president, and transmitting a threat across state lines, according to court records.

The new case represents another twist in the department’s tortured efforts to satisfy the demands of Mr. Trump to pursue criminal charges against Mr. Comey, a longtime target of the president’s wrath. The first indictment against Mr. Comey was thrown out by a judge, and other prosecutorial efforts against Trump targets have faltered in the face of grand juries or judges.

(snip)

The new Comey charge stems from an incident nearly a year ago, when Mr. Comey, vacationing on the North Carolina coast, posted a photograph on social media showing seashells arranged to say “86 47,” combining the slang term “86” often used to mean dismiss or remove with an apparent reference to Mr. Trump, the country’s 47th president.

Members of the administration, as well as Mr. Trump’s family, declared that the meaning of “86” was to kill, and that the seashell message amounted to a threat to assassinate the president.

Seashells spell death threat by the seashore?

The original Comey indictment, alleging he made false statements and obstructed justice in connection with Senate committee testimony in 2020 (and had nothing at all to do with seashells), was thrown out by a judge who determined that the acting U.S. Attorney who worked the case had been illegally appointed.  By a president who likes to make his own rules.

Also today, a former federal prosecutor “who accused the Trump administration of firing her last year for political reasons, may proceed with a lawsuit in federal court over the government’s objection, a Manhattan judge ruled on Tuesday.”  Her name is Maurene Comey, James Comey’s daughter, who claims…

“…in her suit that there was no plausible explanation for her abrupt July 2025 dismissal other than Mr. Trump’s enmity toward her father or her “perceived political affiliation and beliefs, or both.”

The Trump administration had asked the judge, Jesse M. Furman of Manhattan federal court, to dismiss Ms. Comey’s suit against the government, saying it had to be pursued first before the Merit Systems Protection Board, an independent agency that hears complaints from federal workers about employment actions.

But Judge Furman held that her claim was “outside the universe of cases” that Congress intended the board to resolve, and therefore the court had jurisdiction to consider the suit. The judge did not rule on the merits of Ms. Comey’s claim.

This president has appointed a lawyer who tried to overturn the 2020 election result as the new head of the investigation of an Obama-era CIA chief who has been highly critical of Trump since he first took office.

[Joseph] DiGenova is a staunch Trump ally who repeatedly pushed conspiracy theories alleging the 2020 election was stolen. In 2021, he was forced to apologize to Chris Krebs, the former director of the Cybersecurity and Infrastructure Agency who was fired during Mr. Trump’s first term, after Krebs said he felt the 2020 election was free of major fraud or interference.

Krebs later sued DiGenova after he called for Krebs to be “drawn and quartered” and “shot” during a television appearance. Those comments, Krebs later alleged, sparked death threats against him.

This president’s Justice Department has charged a long-time civil rights group with financial crimes, “accusing it of defrauding donors by using their money to secretly pay informants inside extremist organizations.”  The fact that such an investigation will please MAGA’s white supremacist wing: just a coincidence.

At a news conference announcing the charges, Todd Blanche, the acting attorney general, said that from 2014 to 2023, the group made payments totaling more than $3 million to people who were affiliated with extremist organizations like the Ku Klux Klan and the National Socialist Party of America. The law center, he added, was “doing the exact opposite of what it told its donors it was doing — not dismantling extremism, but funding it.”

The indictment, however, offers little to support the notion that the group’s payments to informants was meant to aid the extremist groups they had infiltrated.

“Main Justice” had been investigating Jerome Powell, the Federal Reserve Board chair – who Trump himself appointed to the job back in his first term – on flimsy fraud charges, apparently in an effort to strongarm Powell into lowering interest rates.  Which the majority of the board (not just Powell alone) has repeatedly decided not to do, for reasons having nothing to do with the president’s political popularity.  But when some senators refused to approve Trump’s nomination of a new Fed chair while this Powell investigation was on-going, his puppet U.S. Attorney made the surprise announcement that the investigation was closed

The decision came just two days after Jeanine Pirro, the U.S. attorney for the District of Columbia, vowed to continue the investigation despite a federal judge dealing the inquiry a crippling blow in court last month.The move reflected the reality that Mr. Trump, who has spent years trying to get rid of Mr. Powell and browbeating him to lower interest rates, would not be able to install his choice for the job while the inquiry continued.

Curious, I think, that in closing the investigation Pirro thought to reserve the right to restart it again later, “should the facts warrant doing so.”  You don’t suppose she knows something we don’t?

Meanwhile, the FBI denies a report that it is investigating a reporter who wrote a story about (wait for it) the FBI director reportedly using the bureau’s assets “to provide his girlfriend with government security and transportation.”  They’re trying to make a case that the reporter was “stalking” Kash Patel’s girlfriend.

“The scrutiny of [reporter Elizabeth] Williamson is an example of the Trump administration examining whether to criminalize routine news gathering practices that are widely considered protected by the First Amendment.”

And it says right here that employees at EEOC say they are being pressured to bring cases that would satisfy the reverse discrimination beliefs of Trump supporters, even when there is little evidence:

Field staff at the federal agency that enforces civil rights laws in the workplace say they are under intense pressure from leadership to bring in cases that fit the Trump administration’s priorities, including charges of discrimination against white men and charges of antisemitism on college campuses.

That pressure has led investigators and lawyers at the agency, the Equal Employment Opportunity Commission, to focus its thin resources on pursuing and fast-tracking cases that have little evidence and tenuous legal bases, according to more than a dozen current and former employees, both Republicans and Democrats.

Last Thursday, two days before the White House Correspondents’ Association dinner at which a man was arrested for allegedly trying to assassinate the president, ABC late night host Jimmy Kimmel made a joke about TFG’s age and health when he said Melania Trump had the glow of “an expectant widow.”  Yesterday morning she criticized Kimmel’s comments, and just hours later her husband offered the opinion that Kimmel should be fired.  Today, the Federal Communications Commission “ordered a review of all station licenses owned by ABC, an extraordinary move to pressure a major television network whose programming has frequently angered President Trump.”  It said the review would be focused on ABC’s “diversity and inclusion policies.”  Right.

The F.C.C. action represented an escalation by the Trump administration and the president to punish major media outlets for their coverage. Mr. Trump has personally sued several news organizations, including The New York Times, and the Pentagon has tried to sharply restrict news media access.

Mr. Trump’s F.C.C. chairman, Brendan Carr, has repeatedly threatened to take action against broadcasters, including to take away their valuable station licenses. His agency’s action on Tuesday was the first direct step toward potentially doing so.

You want to know how you can tell that this Administration is serious about ending the evil of weaponizing government to fight political battles?  Well, there is this sign: it is arranging to pay “damages” to the subjects of Biden-era investigations like Michael Flynn, Mark Meadows and Carter Page.

“The settlements, arranged by the Justice Department, could help fuel the Trump administration narrative that the federal government had wrongly investigated or prosecuted these subjects — even though no court has made such a determination. And the payouts could be used to bolster the president’s repeated claims that the Justice Department had been weaponized to go after him and his supporters, making them victims of a corrupt legal system.

(snip)

Since Trump’s return to the White House last year, the Justice Department has paid at least $8.5 million to resolve high-profile legal claims brought by allies and supporters who allege they were improperly targeted by federal law enforcement during previous administrations, according to legal filings and people familiar with those deals who spoke on the condition of anonymity to discuss privately held details about the settlements.

And more could be coming.

The Justice Department has looming requests for major payouts that could help define the legacy of the law enforcement agency and its leaders during Trump’s second term. Two of those requests totaling about $230 million, alleging prosecutorial abuse in multiple cases, were made by Trump himself.

As a private citizen, Trump claimed he was entitled to money to compensate him for what he calls politicized investigations.

Because of course he is.  Of course they were.

This list of examples of Trump’s weaponization of the presidency to punish his opponents and reward himself and his family (the grift that keeps on giving) is not exhaustive, and I’m sure you have some favorites of your own; feel free to share.  All these stories happened just within the last ten days, a rate so bigly that I bet no other Administration could possibly match it.

This is not your Founding Fathers’ America

When we feel our treatment by our rulers has become so intolerable, so unjust – so inhumane – that we must declare our independence among the peoples and nations of the world, it just makes sense that we should explain to the rest of the world why we are doing it.  Here goes.

–Pat’s paraphrase of the preamble to the Declaration of Independence

The Founding Fathers then laid out the Declaration of Independence of the 13 “united States of America” which included the self-evident truths of the “unalienable” rights that they believed are the birthright of all humans.  Point by point, they laid out their grievances against George III and insisted they had made every good faith effort to resolve differences peacefully.  They explained that they had appealed to the goodness and mercy of “our British brethren” to end the mistreatment from which they suffered, but found them unresponsive.  And in light of those facts, they declared to the world that they and their fellow Americans were going into business for themselves.  The war that had begun the previous year was concluded by treaty in 1783; by 1787 a new Constitution of the United States was approved on behalf of the people of the new nation “in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity…”.

That legal framework set out principles to guide our development and our lives, including the principle that no man is above the law.  That idea had a pretty run there, right up until last Monday when the Supreme Court of the United States decided that presidents and former presidents of this great country were effectively kings or queens.  And despots, if they choose to be.

Immunity from prosecution.  The Justice Department has a policy that no sitting president can be prosecuted while in office, but there was no law that said that, and nothing explicit in the Constitution says a former president is immune from prosecution for officials acts taken while in office.  The high-minded concept was that a president was a person given certain powers to exercise – temporarily – on behalf of his country and in its best interests, and who would then return to his life as a regular citizen.  Would President Gerald Ford have granted Richard Nixon a pardon after his resignation over Watergate crimes if anyone had thought that the former president was immune from prosecution?  No one before has ever had the temerity to claim he had immunity from prosecution…or quite frankly, the need for immunity…before you know who.

A man made famous as much for his over-use and abuse of the legal system as for his dubious business skills that necessitated all the suing and threats of suing had nothing to lose and everything to gain (and no shame) by making an unsupported legal claim that had the desired effect of delaying his trial on felony charges of trying to overturn the legitimate results of the 2020 election.  The trial court judge hearing this case rejected the claim of immunity, so did a unanimous panel of the U.S. Court of Appeals.  The Supreme Court…well, the Supremes (1) surprised many when they agreed to hear the case at all, causing a delay until (2) they heard oral arguments April 24 and then (3) “deliberated” the rest of April, all of May and all of June – more than nine weeks – before issuing the ruling.  Guess it takes a while to create a whole new right not found in the Constitution, especially when you had said yourself, under oath, that such a right did not exist:

Hmmm…same folks who said Roe v. Wade was settled precedent. Interesting…

The idea proposed by Trump lawyers in oral arguments was that immunity is needed to protect former presidents from being corruptly prosecuted by their successors; whether or not that is true, there was no such right in the Constitution until this court created it with this ruling.  When was the last time you saw a former president pursued in the legal system by a previous president?  (If you said Biden is doing it to Trump right now, that is the wrong answer; he’s not.)  You haven’t seen it before: not even the lawless Trump went after Barack Obama or his other predecessors!  The assertion that this is a real and dangerous prospect is based on nothing in law or custom or history; it is a projection from Trump’s narcissistic personality disorder wherein he knows what he wants to do to Joe Biden and to every other perceived enemy, and his fevered brain assumes that’s how everyone else operates, too.

Not only did the court create a right that wasn’t there (don’t you just hate those activist judges that Republicans have been warning us about?) but, as argued by Thomas Wolf of the Brennan Center for Justice, “The Court has created an elaborate system of ambiguous rules that will not only ratchet up the complexity of the case against Trump but also erode the checks on presidential illegality. It is both a roadblock to prosecution and an encouragement to more insurrection.”

The procedures the Court has crafted to go with [the new rule] are pitched in Trump’s favor. Whenever the case returns to Judge Tanya Chutkan’s trial court, Trump will be presumed immune by default; the burden will be on the prosecution to establish that he isn’t. The Court’s definition of “official acts” cuts extremely broadly, stretching to “the outer perimeter of [Trump’s] official responsibility.” (The Court refused to say exactly where that perimeter ends.) The prosecution must show that prosecuting Trump for those official acts “would pose no dangers of intrusion on the authority and functions” of the presidency (emphasis added). The prosecution won’t be able to claim an official act was “unofficial” because of the president’s motives for doing it. (emphasis added) And Trump can seek another round of appellate review if the trial court doesn’t rule him immune. Should the government clear these hurdles, it won’t be able to use the “testimony or private records of [Trump] or his advisors” about official acts to prove his guilt. (emphasis added)

The Court justifies all this new complexity as necessary to protect imaginary future presidents from imaginary future prosecutions. It does not, critically, justify it as a response to the acts of the real and credibly accused former president in the case before it. Just as members of the Court’s conservative supermajority consistently steered the conversation at oral argument away from Trump’s charges, they do not even try to grapple with the bigger implications of applying their new rule to the case in front of them or the consequences if their rule ultimately lets Trump skate. Instead, the Court bows out of the case with the tidy but myopic claim that it “cannot afford to fixate exclusively, or even primarily, on present exigencies,” lest “transient results” threaten “the future of our Republic.”

The Court doesn’t engage with the ramifications of its opinion, because it can’t — at least not without exposing the fundamental bankruptcy of the whole edifice it has just built. The majority’s ruling cannot possibly be the rule for any functioning democracy. Trump has been charged with attempting to overthrow the election that threw him out of office. Any rule that would grant a president immunity for that crime would remove the principal check on presidential abuses of authority in our democratic system: the vote. And it would encourage other losing candidates to try the same in future elections. (emphasis added)  It is in this sense that the Court’s opinion is truly lawless. It does not merely invent constitutional rules that are antithetical to our founding commitments or enduring values. It threatens to free presidents from the constraints of law and democracy. And it paves the way for future presidents to try to make good on the most antidemocratic of all propositions: might makes right.

In reaching to resolve future imagined cases of presidential criminality while downplaying the actual criminality before it, the Court has imperiled accountability for Trump’s wrongs. It has done severe violence to our law. And it has left our democracy exposed.

Look at what Trump did while president – I mean, just the things we know he did – when there was no presumption of immunity from later prosecution; just what the hell do you think he’ll do next time if given the chance?   What about his calls for televised military tribunals of Liz Cheney and other enemies?  Immunity!  What about all the assaults on our system being planned by his supporters behind Project 2025?  Immunity!

And what about this threat from the president of the Heritage Foundation that “We are in the process of the second American Revolution, which will remain bloodless if the left allows it to be.”?  Uh, do what we want and you won’t be hurt?  Really?

And this whole depressing development comes on the heels of a televised “debate” in which we saw one candidate for president lie his ass off for 90 minutes and the other look like an elderly deer caught in the headlights; Biden is now telling Democratic governors he’s fine but needs to stop working by 8 p.m.  I got the feeling this is going to get even weirder.