Trump’s legal team filed a claim to stop a Manhattan D.A.’s subpoena of his tax returns that said the President cannot be prosecuted or investigated while in office. Harvard law professor Laurence Tribe tells Lawrence why Trump’s lawyers are wrong- and why the tax return subpoena cannot be stopped. Aired on 09/19/19.
Trump adds Jews to his hit parade of hatred
Seemingly devoted to making our country into the Divided States of America, the President who smeared and offended Muslims and Latinos is now doing the same for Jews. Speaking in the Oval Office, Donald Trump accused Jews who vote for Democrats of having “either a total lack of knowledge or great disloyalty.”
With those nine evil words, he deployed a vague but potent trope about Jewish patriotism. Accusations of “disloyalty” were flung at Jews in Nazi Germany and have been used to smear Jews around the world. Trump wasn’t specific about the loyalty Jewish Democrats were violating.
- To Israel?
- To Judaism?
- To America?
- To Trump?
He subsequently explained to reporters Wednesday that he had meant that those who support Democrats are disloyal to “Jewish people” and to Israel. He did not explain why he should be considered a proper judge of Jewish Americans’ obligations.
The uproar over Trump’s remarks drew press attention away from rising evidence that the US is headed for an economic meltdown. The economy has been his main claim to presidential success. On the very day he shouted-out to anti-Semites, Trump also admitted that more tax cuts are being considered as a way to halt the slide into recession.Confusing and outrageous statements are key to Trump’s style of attention-seeking, which he refined over decades of manipulating the tabloid press in New York City. Back then he would make outrageous statements about
- his own wealth,
- plant stories about the famous women pursuing him for romance, and
- jump into controversies like the attack on a jogger in Central Park, which he exploited with signed advertisements calling for New York state to reinstate the death penalty.
In the jogger case, Trump wasn’t so bold as to say the youngsters arrested for the crime should be executed, but the implication was obvious. (It should be noted that they were eventually exonerated of the crime.) The wording meant that Trump could exploit the dangerous anger people felt about the attack, but in an indirect way.By the time he began his 2016 campaign for president, Trump had perfected his method of attaching escape-hatch-caveats to inflammatory words about groups of people. So it was that he said that a few “good people” were among the immigrants from Mexico whom he described as rapists and people bringing drugs.With his “lack of knowledge” and “great disloyalty” smear, Trump again picked up his favorite playthings — dangerous words — and threw them around recklessly. Those who identify with neo-Nazis chanting “Jews will not replace us” during the awful white nationalist demonstrations in Charlottesville would find in Trump’s comment confirmation that he is with them. He expressed a similar sentiment during the Charlottesville crisis when he noted there were “very fine people” among those who carried torches and shouted the Nazi slogan “blood and soil”Trump’s comments are of a piece with the white identity strategy he seems to be employing in his bid for reelection. With his brutal approach to immigration, references to “shithole” countries in Africa, and his consistent attacks on black and brown members of Congress — like his recent, and repeated, public disparagement of Muslim-American Congresswomen Ilhan Omar and Rashida Tlaib — Trump plays on white anxieties about a future when they are no longer part of a racial or ethnic majority.The big problem with Trump’s callous and destructive abuse of his office is that it requires regular renewal, intensification and amplification. Renewal comes when he simply repeats an ugly claim to remind us where he stands. Intensification comes when he raises the stakes to make sure he gets the attention he wants. Amplification comes when he adds a new group — in this case American Jews — to his hit parade of hatred. With three techniques he keeps drawing attention to himself, and away from serious problems.It’s difficult to say where all this will lead. The only certainty is that Trump will continue along this line. Proof came less than 24 hours after his Oval Office disgrace when he retweeted a notorious conspiracy theorist’s claim that Israelis regard Trump as “the second coming of God.”Jews do not believe in a concept like the “second coming,” but conservative evangelicals who largely support Trump do. The statement exploits their religious and emotional attachment to Israel in the crudest possible way. Of course, Trump endorsed it.
Donald Trump and the crisis of elite impunity
The Russia scandal is about more than collusion. It’s also about the corruption of America’s elites.
As seemingly every national political figure not already hopelessly in the tank for President Trump rushed Monday to denounce his disastrous press conference with Russian despot Vladimir Putin, few condemnations received as much attention as this one from former CIA Director John Brennan:
John O. BrennanDonald Trump’s press conference performance in Helsinki rises to & exceeds the threshold of “high crimes & misdemeanors.” It was nothing short of treasonous. Not only were Trump’s comments imbecilic, he is wholly in the pocket of Putin. Republican Patriots: Where are you???
133K people are talking about thisI don’t know why Trump and his team accepted, and at times actively solicited, the help of Putin and Russian intelligence in winning the 2016 election, and why they have appeared at times to actively serve Putin’s interests once in office. Maybe they were just taking whatever help they could get; maybe the pee tape is real; maybe Jon Chait’s theory is right and Trump has been a Soviet/Russian asset for three decades.
But I think I know why Trump thought it was okay to do what he did — why he could get away with it. The reason is a culture of elite impunity, where business and political leaders face absolutely no accountability for misdeeds. And it’s a culture that Brennan and many political elites like him have fostered, and from which they have personally benefited.
It’s much bigger than collusion. It encompasses many decades during which political officials have evaded accountability for broken laws and illicit foreign contacts, and business and corporate elites have skirted punishment for outright fraud. It’s a problem that, ironically, Trump hammered home in the campaign: that there’s a different set of rules for elites than for normal people. It just happens that Trump knows that because he, for decades now, has been taking advantage of elite impunity.
And unless critics are willing to target the problem of impunity, a problem in which some of them may be implicated, stuff like the Russia scandal will just keep happening, again and again.
The culture of impunity
We don’t punish white-collar criminals in this country. Not really, and certainly not by comparison to how we punish poorer, less white people for less severe offenses.
Only one Wall Street executive ever served jail time for the financial crisis. Rampant foreclosure fraud during the crisis, in which mortgage companies illegally forced millions of families from their homes on the basis of false evidence, went largely unpunished. Lanny Breuer, President Obama’s assistant attorney general for the criminal division of the Department of Justice, was so notoriously lax that Obama’s White House counsel Kathy Ruemmler once jokingly asked him, “How many cases are you dismissing this week?”
And no one knows how easy it is to get away with complicated financial crimes better than Donald Trump. For decades, he was able to dodge any consequences for his routine collaborations with the Mafia, even though his relationship with (to give just one example among many) the mob-linked union official John Cody prompted the FBI to subpoena Trump. His real estate businesses are routinely entangled with corrupt officials abroad, with the Trump International Hotel and Tower Baku in Azerbaijan and the Trump office towers in India looking particularly fishy. (Under the Foreign Corrupt Practices Act, even unknowingly profiting from corrupt activities in a foreign country is a federal crime.)
And the people around him have similarly checkered histories. His longtime personal attorney Michael Cohen is, of course, currently under federal investigation from the US Attorney’s Office for the Southern District of New York and has been linked to various insurance fraud schemes, including one involving recent Russian immigrants falsely claiming they were hit by cars. Ivanka and Donald Trump Jr. were nearly charged with fraud for their conduct in marketing the Trump SoHo hotel and condo development in 2012.
Jared Kushner is facing lawsuits for his role as a slumlord in the Baltimore area and for overcharging rent from his New York City tenants; we know that his company falsified rent control paperwork in New York. Kushner stands out among Trump’s associates in that his father is the rare person actually prosecuted for and convicted of serious financial crimes, which doesn’t seem to have made the younger Kushner any more cautious. If anything, it appears to have made him more committed to the family trade.
Donald Trump, Ivanka, Don Jr., Cohen, and Kushner aren’t under criminal indictment just yet. (Of course, Paul Manafort, Trump’s former campaign chair, is, and for serious financial crimes that are so far largely unrelated to his work for Trump.) Maybe it’s all just a series of awful coincidences. Or maybe they have correctly perceived that you can get away with truly massive white-collar crimes, and have lived their lives accordingly.
Political crimes are basically never punished, even with a body count
This same culture exists, perhaps to an even greater degree, for political wrongdoing. The Russia scandal should have, but largely hasn’t, reminded us that a presidential candidate has collaborated with a foreign government against the American government before, and gotten away with it.
In the summer of 1968, as biographer John A. Farrell has demonstrated, Republican nominee Richard Nixon and his aides actively sabotaged efforts by Lyndon Johnson’s administration to negotiate an end to the Vietnam War. They got away with it, prolonging a war that wound up killing more than a million people in the process. It’s barely even on the list of Nixonian wrongdoing that people remember. Henry Kissinger was at the time a Johnson adviser leaking information for Nixon to use in his efforts. Today he remains a broadly respected elder statesman, even in Democratic administrations.
It wasn’t even two decades later that the next Republican administration conspired with a foreign government, namely Iran’s. This time, the actions weren’t just horrendously immoral but illegal as well; elongating the Vietnam War was, alas, not a crime, but funding the Contras with Iranian arms deal money was. So was lying to Congress about it. Fourteen members of Reagan’s administration were indicted, and 11 were convicted.
It didn’t matter. Before leaving office, President George H.W. Bush pardoned six people involved, all high-ranking policy officials like Secretary of Defense Caspar Weinberger, National Security Adviser Robert McFarlane, Assistant Secretary of State Elliott Abrams, and CIA covert ops director Clair George. National Security Council official Oliver North and National Security Adviser John Poindexter had, at that point, already gotten their convictions tossed out, not because they were innocent but due to a complication resulting from Congress giving them immunity to testify.
Lawrence Walsh, appointed independent counsel to investigate Iran-Contra, would later write, “What set Iran-Contra apart from previous political scandals was the fact that a cover-up engineered in the White House of one president and completed by his successor prevented the rule of law from being applied to the perpetrators of criminal activity of constitutional dimension.”
And because the rule of law wasn’t applied, many of the perpetrators remain members in good standing of Washington’s foreign policy establishment. Poindexter returned to government to run the George W. Bush administration’s Information Awareness Office and “Total Information Awareness” program, leaving after a public controversy around a betting market he wanted to create where bettors would’ve profited if a terrorist strike occurred. Abrams, whose far worse transgressions in the Reagan years involved his support for El Salvador’s brutal military dictatorship and his efforts to cover up the El Mozote massacre, worked as a senior National Security Council official for the entirety of the George W. Bush administration.
In that administration, of course, dozens of policymakers collaborated to systematically violate US and international law forbidding torture. While low-ranking Army soldiers and officers were court-martialed in certain cases, like Abu Ghraib, the people ultimately responsible for the policy regime got away with it. John Yoo and Jay Bybee, who put together memos authorizing systematic torture of detainees without trial, escaped all prosecution. Yoo is a tenured professor at UC Berkeley. Bybee is a federal judge with life tenure.
The Obama administration not only declined to prosecute CIA officials who tortured detainees in accordance with the torture memos but failed to prosecute them even in numerous cases where those guidelines were exceeded. As Vox’s Andrew Prokop explained in 2014, the Justice Department didn’t even bother to bring charges in the cases of Gul Rahman and Manadel al-Jamadi, who were literally tortured to death.
Nor did they bring any charges against Jose Rodriguez, who authorized the destruction of 92 tapes showing the CIA torturing detainees, or against anyone who assisted Rodriguez. Gina Haspel, who Rodriguez has said drafted the order to destroy the tapes, and who ran a CIA black site for torture in Thailand, is now the director of the CIA.
Impunity means we will only get more wrongdoing
With that history — with such a clear record that neither businesspeople engaged in systematic financial wrongdoing nor political officials involved in criminal activity and illicit deals with foreign powers will ever face any consequences — why on earth wouldn’t someone like Trump, a man who lacks any willingness to sacrifice his self-interest in order to do the right thing, work with Russia? Why wouldn’t he feel okay asking Russia to hack Hillary Clinton’s emails? Why would Donald Trump Jr. have any reservations at all about accepting help from the Russian government, declaring, “If it’s what you say I love it”? People like them, in their shoes, have done the same or worse before and gotten away with it. Kissinger even got a Nobel Prize.
The obvious rebuttal here is that the Trumps are different. They’re distinctly immoral, uniquely willing to fly in the face of decency and patriotic duty and basic morality to make money and gain power. They don’t need a culture of impunity to do horrible things. To which I’d respond: yes, obviously. That’s who they are. But there will always be people like that, and there will be more as long as we maintain a system that gives them total immunity from criminal or even professional consequences for their actions.
Donald Trump Jr. himself, in his typical “say the loud part quiet and the quiet part loud” way, laid all this out pretty clearly in an interview with the Senate Judiciary Committee. “What about the thing that says, ‘It is part of Russia and its government’s support for Mr. Trump,’” Heather Sawyer, a Democratic counsel for the committee, asked him. “Did you also love that?”
“I don’t know,” Donald Jr. replied. “I don’t recall.”
“Did you understand that that would be problematic?” Sawyer pressed. Trump answered: “I didn’t think that listening to someone with information relevant to the fitness and character of a presidential candidate would be an issue, no.”
Donald Jr. was coached meticulously before that hearing, so it’s hard to read too much into what he’s saying. But I believe him. I believe he genuinely didn’t think that collaborating with the Russian government to get his father elected would be an issue.
That’s what impunity means: It means not thinking that grievous wrongdoing will one day be an issue. It helps explain why even decorated civil servants like John Brennan at best remained silent about, and at worst participated in, the CIA’s torture regime. It wasn’t an issue for him, ultimately; he eventually became director, where he could defend torturers at greater length.
But that’s exactly the problem. It should be an issue. We’ve set up a system where the baseline assumption is that nothing short of, I don’t know, full-on in-person murder can disqualify an elite political or business figure from their posting. And that means that people like the Trumps will continue to believe that criminality and collusion are just fine. Unless we’re willing to break down that system, and interrogate the role that even Trump’s enemies have played in building it, we will get two, three, many Trumps in the future.
Correction: I initially wrote that Jon Chait believes Trump has been an Russian “agent” for three decades. In fact, Chait believes that Trump “might” have been a Russian “asset” for three decades. I regret the error.
Requiem for White Men
WASHINGTON — Once upon a time … in America, it looked as if white men were at long last losing their tenacious grip on power.
A black man had made it into the White House. A woman in hot pink claimed the gavel in the House. A Latina congresswoman with a Bronx swagger emerged as the biggest media star in the capital. Six Democratic women — five pols and one mystic — earned their spots on the stage in the first presidential debates.
Male candidates who might have jumped to the head of the presidential pack in earlier eras are finding it impossible to rise anywhere near double digits in polls.
When I asked a friend who once worked for Barack Obama why a smart and appealing Obama protégé, Senator Michael Bennet of Colorado, was having a hard time breaking through, she replied: “The bar is much, much higher for white guys these days. You just have to be especially special.”
White male privilege is out of fashion these days. Yet we are awash in nostalgia for it.
Donald Trump has built a political ideology on nostalgia. And Quentin Tarantino has built a movie ideology on nostalgia.
In The Los Angeles Times, Mary McNamara observed that the moral of Tarantino’s new fairy tale, “Once Upon A Time In … Hollywood,” is, “Who doesn’t miss the good old days when cars had fins and white men were the heroes of everything?”
Dubbing the cowboys-versus-hippies movie starring Brad Pitt and Leonardo DiCaprio “nostalgia porn,” McNamara notes: “Watching two middle-aged white guys grapple with a world that does not value them as much as they believe it should, it was tough not to wonder if that something was the same narrow, reductive and mythologized view of history that has made red MAGA hats the couture of conservative fashion.”
In The New Yorker, Richard Brody called the movie, Tarantino’s biggest opening ever, “obscenely regressive,” a phrase that could easily be applied to the man in the Oval.
Both the Tarantino creation and the Trump creation feature scripted tough-guy dialogue, rough treatment of women and slurs against Mexicans. (“Don’t cry in front of the Mexicans,” Pitt warns an emotional DiCaprio in a tinsel town parking lot.)
But — except for the usual burst of violence that the director justifies the usual way, by leveling it at the most evil people ever, in this case the Manson Family — Tarantino’s time machine is a gentler ride. (This may mark the first time “Tarantino” and “gentler” have appeared in the same sentence.)
Bathed in a golden glow, Brad Pitt plays a world-weary stunt man and handyman to Leo’s Western star, Rick Dalton. Pitt’s character is a former war hero in the great midcentury tradition of American cinema. He reflects many of the values that America once proudly stood for:
- toughness without belligerence,
- charm without smarminess,
- loyalty without question. He is
- masculine yet chivalrous.
The iconic performance evokes other movie exemplars of the American male: Humphrey Bogart in “Casablanca,” Paul Newman in “Cool Hand Luke,” Steve McQueen in “Bullet,” Clint Eastwood in “Dirty Harry.” (Pitt’s significant other is a pit bull named Brandy — another contrast with Trump, who avoids dogs.)
Trump’s time machine is a vicious and vertiginous journey, all about punching down, pulpy fictions, making brown and black people scapegoats and casting women back into a crimped era of fewer reproductive rights.
Trump has inverted all the old American ideals, soiling the image of our country in the world and reshaping it around his grievances and inadequacies.
He is a faux tough guy who lets other people do the fighting for him, a needy brat who never accepts responsibility for his actions, an oaf with no trace of courage, class or chivalry.
Tarantino fashioned his nostalgic world out of love, while Trump fashions his out of hate.
His entitled and grabby ways illustrate why we need to leave that world behind. America is struggling to find a new identity with a more colorful mosaic, moving beyond our monochromatic past. More new heroines and heroes need to emerge, both onscreen and in life.
But first we need the credits to roll on Trump.