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

Pat Ryan Leave a comment

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.

The lipstick on a pig

Pat Ryan Leave a comment

The artificial intelligence that is squatting, uninvited, in my Google search engine is trying to reassure me.  There are people  involved in this equation, it says, and “absolute proof that leaves no room for denial does not exist in human  discourse” because people may deny an obvious conclusion if it hurts their feelings.  Or if, as we’ve seen, it casts the Mayor of MAGAtown in a less than a blindingly positive glow.  My conclusion is you’ve got to keep piling up the facts and remain confident they will lead, eventually, to the scales falling from the eyes of enough people to make a difference.  As may be happening now, both in the Senate’s consideration of the nominee for attorney general and in a federal judge’s finding that a Donald Trump lawsuit against the IRS “was manufactured simply to justify its settlement”.

In May we discussed the very clearly corrupt intentions of the lawsuit filed by private citizen Trump (and his elder sons and their businesses) against the Internal Revenue Service of the government run by President Trump, seeking $10 billion to punish the IRS for laxity in letting TFG’s personal income taxes be stolen and later published (by the New York Times) against his wishes during his first term.  He swore in the court filing 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.”  But just as Judge Kathleen Williams began to question the legitimacy of Trump suing his own government – with Trump controlling the lawyers on both sides of a case in which there seemed to be no real conflict – Trump withdrew the suit (hoping to take away the judge’s control of the proceedings) and then his Justice Department announced a stunning settlement.

  • The creation of a tax-funded $1.8 billion fund to pay damages to persons who claim to have been victimized by the government under Democratic presidents, apparently to include those convicted (and later pardoned, by TFG) of offenses related to the treasonous assault on the Capitol on January 6; the fund was to be controlled by Trump-appointed trustees with no oversight permitted from Congress or the courts; and
  • The IRS would be barred, in perpetuity, from auditing any of the past tax returns of Trump or his elder sons or or any of their businesses, which I had characterized as “An after-the-fact non-disclosure agreement, shielding any evidence of any prior tax evasion” from use in court or from disclosure to the public.

It took less than two weeks for the prospect of a “slush fund” of tax money being used to pay off the rioters who attacked police officers on January 6 to rouse some GOP members of Congress who had conveniently forgotten the concept of “checks and balances” among the branches of government, while always remembering the political power TFG holds over MAGA America.  Acting attorney general Todd Blanche told a House subcommittee that plans for that fund were dead.  Deceased.  Irretrievably unrevivable.  And you could take his word for it, although he refused to put this new part of the agreement in writing.  But the part of the agreement preventing the IRS from auditing the Trumps?  Oh, that would stay in effect.

Meanwhile, Judge Williams had re-opened the case to investigate whether the court had been deceived through the misconduct of lawyers.  She was prompted to that action by a letter from three dozen former federal judges who argued “that Mr. Trump’s settlement agreement raised serious questions about his ‘candor toward the court and manipulation of the judicial system.’”

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…”

Did she ever.  In mid-July,

A federal judge held [July 13] that President Donald Trump’s $10 billion lawsuit against the IRS was manufactured simply to justify its settlement, including a multibillion-dollar “anti-weaponization” fund for political allies and a shield from IRS scrutiny.

“This lawsuit was not brought to vindicate rights; it was brought to manipulate the judicial process,” U.S. District Judge Kathleen Williams wrote in a blistering 56-page ruling. “This was an attempt to use the Court to provide some legitimacy to an agreement to confer immunity to people and entities affiliated with the President and to earmark billions of dollars from American taxpayers to redress grievances not defined in the law.”

The fact that the federal government did not ever counter arguments that the arrangement was unconstitutional —and that acting Attorney General Todd Blanche unilaterally canceled plans for the Anti-Weaponization Fund — were glaring signals that the lawsuit was not genuine, Williams said.

And furthermore,

Though the administration has argued that Trump had filed the lawsuit — a demand for a $10 billion payout for the leak of his tax returns — in his personal capacity, Williams said that explanation was untenable.

“The court declines to adopt or accept the credulous exercise of divorcing President Trump’s current job title from an understanding of what happened here,” she wrote. “The Lead Plaintiff and the Government are one, a fully realized unitary interest.”

Williams added that Trump could have brought the lawsuit while he was a private citizen but appears to have waited until he was reelected president and appointed his former lawyer to help lead the DOJ.

Trump is appealing that ruling, which is a “full-throated repudiation of Trump and his administration” that came just as Blanche’s nomination as attorney general was going before the Senate Judiciary Committee.  Where, as luck would have it, sit two Republicans who object to provisions of the Trump/IRS lawsuit settlement AND who are ending their terms this year and so are beyond the reach of Trump’s political threats.  By earlier this week,

Sens. John Cornyn (R-Texas) and Thom Tillis (R-North Carolina) had insisted that the Trump administration limit — in writing — central provisions of a controversial deal struck this spring between the Justice Department and the president to resolve a lawsuit he filed against the IRS over the leak of his tax returns. DOJ was not able to provide the senators sufficient assurances to win their agreement to support Blanche.

The senators have said their votes for Blanche’s nomination hinge on their requested changes to the deal. A “no” vote from either one of them would be enough to sink Blanche’s nomination at the committee stage, given the expectation that all Judiciary Committee Democrats will oppose Blanche’s confirmation.

(snip)

Tillis, who opted not to seek reelection this year and has shown an increasing willingness to tangle with Trump, has expressed concern that the payout fund could end up rewarding defendants who attacked police during the Jan. 6, 2021, attack on the U.S. Capitol.

Cornyn, who lost his reelection bid in May after Trump endorsed his primary opponent, Texas Attorney General Ken Paxton, shared Tillis’s worries on the fund and has said he wants the administration to clarify, in writing, that the tax protections afforded by the deal do not apply to the Trump family’s future actions.

This resistance led to a rescheduling of the committee vote to next week.  Cornyn and Tillis had continued discussions with Blanche and reported some progress…until Blanche’s former law client couldn’t resist the urge to show everyone who is boss.

President Donald Trump threatened on Saturday to revive his controversial plan for federal payouts to people he says were “badly treated” by the Obama and Biden administrations, telling senators that he would “push hard” for legislation to fund the payments if they did not confirm his nominee for attorney general.

“It will immediately be back on the table, and I will get it done,” Trump wrote on his Truth Social account, vowing to pass an “Anti-Weaponization Bill” should his nomination of Todd Blanche for attorney general fail in the Senate.

Trump added that he would keep Blanche as acting attorney general and blasted two GOP senators — John Cornyn (Texas) and Thom Tillis (North Carolina) — who have blocked the nomination from advancing over concerns about the fund.

It was not immediately clear what legislation the president was referencing, and the White House declined to elaborate on Trump’s post.

So, what do we have here:

  1. A man who ceaselessly brags about his business acumen (even though he is a man who ran casinos  into bankruptcy), but who swears in court that public disclosure of his tax returns causes him public embarrassment and tarnishes his business reputation.
  2. A man who, at any time in the years when he was not president of the United States, could have sued the IRS over its contractor’s theft of his tax returns that got leaked to the New York Times, but who didn’t do so until he was president again and thus controlled the governmental department that runs the IRS as well as the department that files lawsuits on behalf of the government.
  3. A man who claimed he really really deserved $10 billion dollars in compensation for real damages done to him, but who dropped the suit without argument when the judge began to question the suit’s legitimacy.
  4. A man who claimed not to know anything about the settlement of that lawsuit (sorta like he claimed not to know anything about Project 2025), but who was all on board with paying almost $2 billion dollars to people he had already pardoned for their crimes in attacking the U.S. Capitol on January 6.  And still is, even after a federal judge found that the suit was just the lipstick put on the pig of an effort to legitimize a multi-billion dollar payoff to Trump supporters while shielding his possible past tax evasion from government scrutiny.
  5. A man who wants his former personal criminal defense lawyer to run the Department of Justice (so he can punish his political enemies), but who thinks nothing of bastardizing the legal procedure for putting him in that office in order to get his way after officials in another branch of government have the temerity to do their job instead of rubberstamping his edicts.

When a man’s actions tell you who he really is…it’s time to believe him.  Not trying to hurt anyone’s feelings, you know; just piling up some facts over here, boss…

A sliver of dawn, a sleight of hand

Pat Ryan Leave a comment

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.

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

Pat Ryan 3 Comments

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.

How a bad thing can lead to your being grateful

Pat Ryan 1 Comment

Over the past month there have been enough examples of my state’s leaders behaving disgracefully to make me think I could write a nice satire about how I am thankful we have leaders who are willing to protect us from things we didn’t know we needed protection from.  You know, things like, Muslims in America exercising their First Amendment rights to the freedom of religion, or Texas state employees using personal social media accounts to promote a non-MAGA political rally, or university professors who are serious about exposing students to ideas their parents may not agree with, or actually anything done by anyone intent on telling truths that don’t align with the preferences of how those in power prefer their “truths” nowadays.  But before I could get there I found something that I really am grateful for: the first serious signs of a potential loosening of TFG’s grip on the Republican Party.

During the 2016 primary campaigns there were plenty of Republicans willing to be quoted disagreeing with the outrageous things Donald Trump had to say, right up until he won the nomination.  After that, as is usual, members of the party supported the party’s candidate.  But as time went on we saw an eerie, almost mystical transformation that left virtually every Republican unable to speak any criticism at all: they learned that (1) Trump was so thin-skinned that he could stand no disagreement of any kind at all on any issue, no matter how petty, (2) he had demonstrated how he would gleefully make good on his threat to support a challenger to any critic when he or she ran for re-election, and (3) MAGA nation was eager to do whatever TFG asked.  Republican senators and members of Congress – never shy and retiring types, always eager to defend their institutional prerogatives as well as their high and mighty personages – forgot how to disagree, however politely, with the Chief Executive.  They might as well have stopped meeting at all.  For a period recently, they pretty much did stop meeting.

When the president began issuing executive orders to take actions that have always been the right and/or responsibility of Congress, the Republicans who control both the House and Senate never raised a public peep about it.  When his administration took it upon itself to begin unprovoked attacks on private boats in international waters – destroying the ships and killing the crewmembers – while claiming the boats and their crews were hauling illegal drugs and therefore constituted an attack on the safety of the United States but never sharing with the world any evidence to prove the claim, there was one constant in the response from GOP members: the sound of crickets.  Until this weekend.

Last Friday the Washington Post reported (free link) on the questionable orders that Defense Secretary Pete Hegseth gave to the Navy SEALs executing the first of these attacks.

The longer the U.S. surveillance aircraft followed the boat, the more confident intelligence analysts watching from command centers became that the 11 people on board were ferrying drugs.

Defense Secretary Pete Hegseth gave a spoken directive, according to two people with direct knowledge of the operation. “The order was to kill everybody,” one of them said.

A missile screamed off the Trinidad coast, striking the vessel and igniting a blaze from bow to stern. For minutes, commanders watched the boat burning on a live drone feed. As the smoke cleared, they got a jolt: Two survivors were clinging to the smoldering wreck.

The Special Operations commander overseeing the Sept. 2 attack — the opening salvo in the Trump administration’s war on suspected drug traffickers in the Western Hemisphere — ordered a second strike to comply with Hegseth’s instructions, two people familiar with the matter said. The two men were blown apart in the water.

Hegseth’s order, which has not been previously reported, adds another dimension to the campaign against suspected drug traffickers. Some current and former U.S. officials and law-of-war experts have said that the Pentagon’s lethal campaign — which has killed more than 80 people to date — is unlawful and may expose those most directly involved to future prosecution.

The important thing to be emphasized here, beyond the claim that Whiskey Pete ordered the killing of “combatants” who might have been considered “non-combatants” after their boat was blown out from under them and were clinging to wreckage to keep from drowning, is that the talk of investigating potential “war crimes” is coming from Democrats AND Republicans!

The lawmakers said they did not know whether last week’s Washington Post report was true, and some Republicans were skeptical, but they said attacking survivors of an initial missile strike poses serious legal concerns.

“This rises to the level of a war crime if it’s true,” said Sen. Tim Kaine, D-Va.

Rep. Mike Turner, R-Ohio, when asked about a follow-up strike aimed at people no longer able to fight, said Congress does not have information that happened. He noted that leaders of the Armed Services Committee in both the House and Senate have opened investigations.

“Obviously, if that occurred, that would be very serious and I agree that that would be an illegal act,” Turner said.

(snip)

Republican Sen. Roger Wicker of Mississippi, chairman of the Senate Armed Services Committee, and its top Democrat, Rhode Island Sen. Jack Reed, said in a joint statement late Friday that the committee “will be conducting vigorous oversight to determine the facts related to these circumstances.”

That was followed Saturday with the chairman of the House Armed Services Committee, Republican Rep. Mike Rogers of Alabama, and the ranking Democratic member, Washington Rep. Adam Smith, issuing a joint statement saying the panel was committed to “providing rigorous oversight of the Department of Defense’s military operations in the Caribbean.”

“We take seriously the reports of follow-on strikes on boats alleged to be ferrying narcotics in the SOUTHCOM region and are taking bipartisan action to gather a full accounting of the operation in question,” Rogers and Smith said, referring to U.S. Southern Command.

This does not mean that ALL Republicans are challenging the White House, but today some of them are willing to say the quiet part out loud: that lawmakers have the responsibility to check this out for themselves…it might be that the president’s puppet, the demonstrably unsuitable nominee to lead the nation’s military that the Senate obediently approved even if holding their collective noses, might have given orders that violate the Geneva Convention.  And, they are saying, we won’t ignore this.

For that, I am grateful.