Comedian and podcaster Jimmy Dore joins Matt and Katie to discuss his show and media bias. Matt and Katie break down the fact-checking controversy involving The Washington Post and Bernie Sanders.
Twice in just a few hours Saturday, President Trump and his representatives offered textbook examples of the fog-making rhetorical response known as the non-denial denial.
Asked during a Fox News interview whether he was a Russian agent (as the FBI suspected, according to a blockbuster New York Timesstory), Trump harrumphed, “I think it’s the most insulting thing I’ve ever been asked. I think it’s the most insulting article I’ve ever had written, and if you read the article you’ll see that they found absolutely nothing.” (Trump gave a more direct denial on Monday.)
.. Like all non-denial denials, both responses were forceful, even emotional in tone. But neither really answered the question.
That’s exactly how a non-denial denial (or NDD, if you will) is supposed to work. It suggests the speaker is responding forthrightly, without really confirming or rejecting the claim.
NDDs aren’t technically lies, but they are evasive and obfuscating. By seeming to dispute a statement without actually doing so, an NDD can raise doubts about the veracity of a damning statement. They have the added benefit of letting the non-denial denier off the hook if and when more facts emerge that confirm the original report. The denier, after all, never actually said the initial report was wrong, so he or she can’t be called on a blatant lie later.
.. In addition to their many inaccurate, misleading and baseless statements, Trump and his representatives have been frequent practitioners of the NDD:
●Following news reports that Trump intended to replace national security adviser H.R. McMaster with John Bolton in March, Sanders tweeted, “Just spoke to Potus and Gen. H.R. McMaster. Contrary to reports, they have a good working relationship. There are no changes at the NSC.” There weren’t then; Bolton replaced McMasterfour days later.
●McMaster himself provided non-denial cover for the White House after The Post reported last year that Trump had leaked details of a classified operation against the Islamic State during an Oval Office meeting with Russian ambassador Sergey Kislyak and foreign minister Sergei Lavrov. “The story that came out tonight, as reported, is false,” he said, adding, “At no time were intelligence sources or methods discussed. And the president did not disclose any military operations that were not already publicly known.” But the story never said Trump disclosed nonpublic military operations or discussed “intelligence sources or methods.”
McMaster’s statement never cited anything specific in the story that was false.
The “non-denial denial” phrase itself appears to have entered the lexicon during the Watergate era of the mid-1970s.
Several sources credit the late Washington Post editor Ben Bradlee with coining it in reaction to statements made by President Nixon and his spokesman about The Post’s reporting.
“As best as I can recall, Bradlee was the first to use the ‘non-denial denial’ language,” said Bob Woodward, who along with Carl Bernstein reported those stories.
At one point, Woodward said, the White House said The Post’s sources were a “fountain of misinformation,” but did not specifically challenge the reported facts. “I recall when I first heard [the phrase], I thought, ‘Ah, Bradlee was giving language to precisely what was happening.’ ”
Woodward said the most artful NDDs are issued with “such force, language and outrage that it sounds like a real denial.” What’s more, as with Trump, the Nixon White House mixed non-denials with outright denials, creating the impression that his administration was actually denying everything.
.. The Trump White House pushed back on Woodward’s most recent book, “Fear,” with its own nonspecific NDD regarding the book’s many anecdotes about infighting and chaos among Trump’s top officials. In a statement upon the book’s release in September, Sanders said, “This book is nothing more than fabricated stories, many by former disgruntled employees, told to make the President look bad.” (Trump and former White House chief of staff John F. Kelly did, however, issue more specific denials).
As a rhetorical device, NDDs are an updated version of the “red herring” fallacy, the notion that an irrelevant topic is introduced in an argument to divert attention from the original issue, said Edward Schiappa, a professor of comparative media studies at Massachusetts Institute of Technology. In other words, he said, “it’s just another in a long line of strategies of evasion.”
Trump isn’t unique in this, said Dana L. Cloud, a communication and rhetorical studies professor at Syracuse University. “One need only think of Bill Clinton’s reductionist use of a definitional argument when claiming that he did not have sex with Monica Lewinsky,” she said.
“It is not a set of tactics unique to Trump or any particular political party.”
.. But Trump’s NDD’s tend to fit a pattern, said Jennifer Mercieca, a professor at Texas A&M who specializes in American political discourse. His strategy typically involves a combination of
- denying knowledge of an accusation;
- denying associating with the people allegedly involved;
- asking what the victim did to deserve his or her fate; and
- accusing his accusers, “which is an appeal to hypocrisy.”
As such, Trump’s non-denial denials are different in kind and manner than earlier presidents, according to Rosa A. Eberly, a rhetoric professor at Penn State, because they assert “de facto negative evaluations” of most democratic institutions. “I don’t see [rhetoric of this kind] as an effective strategy for the long game of democracy,” she said.
Trump, Woodward said, “has taken the old Nixon strategy of making the issue the conduct of the press, not the conduct of the president, to new strategic heights. And some of it is working.”
He is demonstrably unfit for office. What are we waiting for?
The presidential oath of office contains 35 words and one core promise: to “preserve, protect and defend the Constitution of the United States.” Since virtually the moment Donald J. Trump took that oath two years ago, he has been violating it. He has
- repeatedly put his own interests above those of the country. He has
- used the presidency to promote his businesses. He has accepted financial gifts from foreign countries. He has
- lied to the American people about his relationship with a hostile foreign government. He has
- tolerated cabinet officials who use their position to enrich themselves.
To shield himself from accountability for all of this — and for his unscrupulous presidential campaign — he has
- set out to undermine the American system of checks and balances. He has
- called for the prosecution of his political enemies and the protection of his allies. He has
- attempted to obstruct justice. He has
- tried to shake the public’s confidence in one democratic institution after another, including
- the press,
- federal law enforcement and the
- federal judiciary.
The unrelenting chaos that Trump creates can sometimes obscure the big picture. But the big picture is simple: The United States has never had a president as demonstrably unfit for the office as Trump. And it’s becoming clear that 2019 is likely to be dominated by a single question: What are we going to do about it?
The easy answer is to wait — to allow the various investigations of Trump to run their course and ask voters to deliver a verdict in 2020. That answer has one great advantage. It would avoid the national trauma of overturning an election result. Ultimately, however, waiting is too dangerous. The cost of removing a president from office is smaller than the cost of allowing this president to remain.
He has already shown, repeatedly, that
- he will hurt the country in order to help himself. He will damage American interests around the world and
- damage vital parts of our constitutional system at home.
The risks that he will cause much more harm are growing.
Some of the biggest moderating influences have recently left the administration. The
- defense secretary who defended our alliances with NATO and South Korea is gone. So is
- the attorney general who refused to let Trump subvert a federal investigation into himself. The administration is increasingly filled with lackeys and enablers. Trump has become freer to turn his whims into policy — like, say, shutting down the government on the advice of Fox News hosts or pulling troops from Syria on the advice of a Turkish autocrat.
The biggest risk may be that an external emergency — a war, a terrorist attack, a financial crisis, an immense natural disaster — will arise. By then, it will be too late to pretend that he is anything other than manifestly unfit to lead.
For the country’s sake, there is only one acceptable outcome, just as there was after Americans realized in 1974 that a criminal was occupying the Oval Office. The president must go.
Since the midterm election showed the political costs that Trump inflicts on Republicans, this criticism seems to be growing. They have broken with him on foreign policy (in Saudi Arabia, Yemen and Syria) and are anxious about the government shutdown. Trump is vulnerable to any erosion in his already weak approval rating, be it from an economic downturn, more Russia revelations or simply the defection of a few key allies. When support for an unpopular leader starts to crack, it can crumble.
Before we get to the how of Trump’s removal, though, I want to spend a little more time on the why — because even talking about the ouster of an elected president should happen only under extreme circumstances. Unfortunately, the country is now so polarized that such talk instead occurs with every president. Both George W. Bush and Barack Obama were subjected to reckless calls for their impeachment, from members of Congress no less.
So let’s be clear. Trump’s ideology is not an impeachable offense. However much you may disagree with Trump’s tax policy — and I disagree vehemently — it is not a reason to remove him from office. Nor are his efforts to cut government health insurance or to deport undocumented immigrants. Such issues, among others, are legitimate matters of democratic struggle, to be decided by elections, legislative debates, protests and the other normal tools of democracy. These issues are not the “treason, bribery or other high crimes and misdemeanors” that the founders intended impeachment to address.
Yet the founders also did not intend for the removal of a president to be impossible. They insisted on including an impeachment clause in the Constitution because they understood that an incompetent or corrupt person was nonetheless likely to attain high office every so often. And they understood how much harm such a person could do. The country needed a way to address what Alexander Hamilton called “the abuse or violation of some public trust” and James Madison called the “incapacity, negligence or perfidy” of a president.
The negligence and perfidy of President Trump — his high crimes and misdemeanors — can be separated into four categories. This list is conservative. It does not include the possibility that his campaign coordinated strategy with Russia, which remains uncertain. It also does not include his lazy approach to the job, like his refusal to read briefing books or the many empty hours on his schedule. It instead focuses on demonstrable ways that he has broken the law or violated his constitutional oath.
Trump has used the presidency for personal enrichment.
Regardless of party, Trump’s predecessors took elaborate steps to separate their personal financial interests from their governing responsibilities. They released their tax returns, so that any potential conflicts would be public. They placed their assets in a blind trust, to avoid knowing how their policies might affect their own investments.
Trump has instead treated the presidency as a branding opportunity. He has continued to own and promote the Trump Organization. He has spent more than 200 days at one of his properties and billed taxpayers for hundreds of thousands of dollars.
If this pattern were merely petty corruption, without damage to the national interest, it might not warrant removal from office. But Trump’s focus on personal profit certainly appears to be affecting policy. Most worrisome, foreign officials and others have realized they can curry favor with the president by spending money at one of his properties.
Then, of course, there is Russia. Even before Robert Mueller, the special counsel, completes his investigation, the known facts are damning enough in at least one way. Trump lied to the American people during the 2016 campaign about business negotiations between his company and Vladimir Putin’s government. As president, Trump has taken steps — in Europe and Syria — that benefit Putin. To put it succinctly:
The president of the United States lied to the country about his commercial relationship with a hostile foreign government toward which he has a strangely accommodating policy.
Combine Trump’s actions with his tolerance for unethical cabinet officials — including ones who have made shady stock trades, accepted lavish perks or used government to promote their own companies or those of their friends — and the Trump administration is almost certainly the most corrupt in American history. It makes Warren G. Harding’s Teapot Dome scandal look like, well, a tempest in a teapot.
Trump has violated campaign finance law.
A Watergate grand jury famously described Richard Nixon as “an unindicted co-conspirator.” Trump now has his own indictment tag: “Individual-1.”
Federal prosecutors in New York filed papers last month alleging that Trump — identified as Individual-1 — directed a criminal plan to evade campaign finance laws. It happened during the final weeks of the 2016 campaign, when he instructed his lawyer, Michael Cohen, to pay a combined $280,000 in hush money to two women with whom Trump evidently had affairs. Trump and his campaign did not disclose these payments, as required by law. In the two years since, Trump has lied publicly about them — initially saying he did not know about the payments, only to change his story later.
It’s worth acknowledging that most campaign finance violations do not warrant removal from office. But these payments were not most campaign finance violations. They involved large, secret payoffs in the final weeks of a presidential campaign that, prosecutors said, “deceived the voting public.” The seriousness of the deception is presumably the reason that the prosecutors filed criminal charges against Cohen, rather than the more common penalty of civil fines for campaign finance violations.
What should happen to a president who won office with help from criminal behavior? The founders specifically considered this possibility during their debates at the Constitutional Convention. The most direct answer came from George Mason: A president who “practiced corruption and by that means procured his appointment in the first instance” should be subject to impeachment.
Trump has obstructed justice.
Whatever Mueller ultimately reveals about the relationship between the Trump campaign and Russia, Trump has obstructed justice to keep Mueller — and others — from getting to the truth.
Again and again, Trump has interfered with the investigation in ways that may violate the law and clearly do violate decades-old standards of presidential conduct. He
- pressured James Comey, then the F.B.I. director, to let up on the Russia investigation, as a political favor. When Comey refused, Trump fired him. Trump also repeatedly
- pressured Jeff Sessions, the attorney general, to halt the investigation and ultimately forced Sessions to resign for not doing so. Trump has also
- publicly hounded several of the government’s top experts on Russian organized crime, including Andrew McCabe and Bruce Orr.
And Trump has repeatedly lied to the American people.
- He has claimed, outrageously, that the Justice Department tells witnesses to lie in exchange for leniency. He has
- rejected, with no factual basis, the findings of multiple intelligence agencies about Russia’s role in the 2016 campaign. He reportedly
- helped his son Donald Trump Jr. draft a false statement about a 2016 meeting with a Russian lawyer.
Obstruction of justice is certainly grounds for the removal of a president. It was the subject of the first Nixon article of impeachment passed by the House Judiciary Committee. Among other things, that article accused him of making “false or misleading public statements for the purpose of deceiving the people of the United States.”
Trump has subverted democracy.
The Constitution that Trump swore to uphold revolves around checks and balances. It depends on the idea that the president is not a monarch. He is a citizen to whom, like all other citizens, the country’s laws apply. Trump rejects this principle. He has instead tried to undermine the credibility of any independent source of power or information that does not serve his interests.
It’s much more than just the Russia investigation. He has
- tried to delegitimize federal judges based on their ethnicity or on the president who appointed them, drawing a rare rebuke from Chief Justice John Roberts. Trump has
- criticized the Justice Department for indicting Republican politicians during an election year. He has
- called for Comey, Hillary Clinton and other political opponents of his to be jailed. Trump has .
- described journalists as “the enemy of the people” — an insult usually leveled by autocrats. He has
- rejected basic factual findings from the
- C.I.A., the
- Congressional Budget Office,
- research scientists and
- He has told bald lies about election fraud.
Individually, these sins may not seem to deserve removal from office. Collectively, though, they exact a terrible toll on American society. They cause people to lose the faith on which a democracy depends — faith in elections, in the justice system, in the basic notion of truth.
No other president since Nixon has engaged in behavior remotely like Trump’s. To accept it without sanction is ultimately to endorse it. Unpleasant though it is to remove a president, the costs and the risks of a continued Trump presidency are worse.
The most relevant precedent for the removal of Trump is Nixon, the only American president to be forced from office because of his conduct. And two aspects of Nixon’s departure tend to get overlooked today. One, he was never impeached. Two, most Republicans — both voters and elites — stuck by him until almost the very end. His approval rating among Republicans was still about 50 percent when, realizing in the summer of 1974 that he was doomed, he resigned.
The current political dynamics have some similarities. Whether the House of Representatives, under Democratic control, impeaches Trump is not the big question. The question is whether he loses the support of a meaningful slice of Republicans.
I know that many of Trump’s critics have given up hoping that he ever will. They assume that Republican senators will go on occasionally criticizing him without confronting him. But it is a mistake to give up. The stakes are too large — and the chances of success are too real.
Consider the following descriptions of Trump:
- “terribly unfit;”
- “a pathological liar;”
- “dangerous to a democracy;”
- a concern to “anyone who cares about our nation.”
Every one of these descriptions comes from a Republican member of Congress or of Trump’s own administration.
They know. They know he is unfit for office. They do not need to be persuaded of the truth. They need to be persuaded to act on it.
.. Democrats won’t persuade them by impeaching Trump. Doing so would probably rally the president’s supporters. It would shift the focus from Trump’s behavior toward a group of Democratic leaders whom Republicans are never going to like. A smarter approach is a series of sober-minded hearings to highlight Trump’s misconduct.
Democrats should focus on easily understandable issues most likely to bother Trump’s supporters, like corruption.
If this approach works at all — or if Mueller’s findings shift opinion, or if a separate problem arises, like the economy — Trump’s Republican allies will find themselves in a very difficult spot. At his current approval rating of about 40 percent, Republicans were thumped in the midterms. Were his rating to fall further, a significant number of congressional Republicans would be facing long re-election odds in 2020.
Two examples are Cory Gardner of Colorado and Susan Collins of Maine, senators who, not coincidentally, have shown tentative signs of breaking with Trump on the government shutdown. The recent criticism from Mitt Romney — who alternates between critical and sycophantic, depending on his own political interests — is another sign of Trump’s weakness.
For now, most Republicans worry that a full break with Trump will cause them to lose a primary, and it might. But sticking by him is no free lunch. Just ask the 27 Republican incumbents who were defeated last year and are now former members of Congress. By wide margins, suburban voters and younger voters find Trump abhorrent. The Republican Party needs to hold its own among these voters, starting in 2020.
It’s not only that Trump is unfit to be president and that Republicans know it. It also may be the case that they will soon have a political self-interest in abandoning him. If they did, the end could come swiftly. The House could then impeach Trump, knowing the Senate might act to convict. Or negotiations could begin over whether Trump deserves to trade resignation for some version of immunity.
Finally, there is the hope — naïve though it may seem — that some Republicans will choose to act on principle. There now exists a small club of former Trump administration officials who were widely respected before joining the administration and whom Trump has sullied, to greater or lesser degrees. It includes
- Rex Tillerson,
- Gary Cohn,
- H.R. McMaster and
- Jim Mattis.
Imagine if one of them gave a television interview and told the truth about Trump. Doing so would be a service to their country at a time of national need. It would be an illustration of duty.
Throughout his career, Trump has worked hard to invent his own reality, and largely succeeded. It has made him very rich and, against all odds, elected him president. But whatever happens in 2019, his false version of reality will not survive history, just as Nixon’s did not. Which side of that history do today’s Republicans want to be on?
A few Republicans have managed—really—to work successfully with the president. Here’s what the new speaker could learn from them.
But there’s no formula for successfully negotiating with this mercurial, ad hoc chief executive. Pelosi’s first attempt to do so, an agreement in September 2017 to protect the Dreamers from deportation in exchange for border security funding, fell apart not long after it was announced.
Still, there’s no reason to think Pelosi, or anyone in the nation’s capital, can’t find a way to a win with Trump. Here’s what we’ve learned about the art of making a deal with Trump from the few successful people in Washington who have figured out how to get what they want out of the president.
Convince Him He’ll Be Loved
Trump may want nothing more than to be well-liked and appreciated. The bipartisan criminal justice reform bill seems to have been sold to him as an opportunity to do just that. Versions of the First Step Act, a major reform that liberalizes federal prison and sentencing laws, had floundered in Congress for years. The policy already had support from across the political spectrum—but it needed a Republican president who could provide political cover to bring enough members of the GOP on board.
Trump wasn’t an obvious champion for sentencing reform. He ran a campaign promising “law and order” and selected the tough-on-crime Jeff Sessions as attorney general. Sessions’ Justice Department had issued reports critical of the bill. The president has suggested that convicted drug dealers deserved the death penalty. To get his support, the criminal-justice reformers would need to conduct a conversion.
The evangelist was White House adviser Jared Kushner, who, all accounts say, worked hard to persuade his father-in-law. Kushner met with everyone from members of the Congressional Black Caucus to Koch-funded interest groups to the news media to bolster an already large coalition. It helped that Kushner was able to deliver plenty of groups and individuals on the right.
“I think the broad popularity of the policy was the gateway,” says one of the bill’s advocates, who watched the process at the White House up close. “The president was also given a booklet of dozens of conservative organizations and individuals making supportive statements on the bill to show grassroots political support. And then it took some convincing that law enforcement was on board.”
The last piece proved crucial, because there’s perhaps no interest group Trump cherishes more than law enforcement. The marquee names—the
- Fraternal Order of Police, the
- International Association of Chiefs of Police, the
- National District Attorneys Association—
were enough to get the president on board. With seemingly few people opposed (Tom Cotton, otherwise a devoted Trump ally, the most prominent) and even staunch critics in the media like Van Jones making the trek to kiss Trump’s ring at the White House, Kushner and his partners succeeded in selling Trump on the most important provision of the First Step Act: Mr. President, you will be loved for signing it.
It won’t be easy for Pelosi, but the Democratic speaker may be able to use similar tactics to goad Trump into supporting some bipartisan health-care initiatives. The administration has already begun proposing some form of federal intervention to lower prescription drug prices, while Democrats have long argued that Medicare should negotiate with Big Pharma on bringing down drug costs. Some kind of compromise bill could get the support of both Capitol Hill and the White House. Your older, Medicare-using base will love you for it, Pelosi might tell the president. That would get his attention.
Remind Him of His Campaign Promises
Earlier this month, Trump and Kentucky Senator Rand Paul were having one of their frequent conversations about the American military presence in both Syria and Afghanistan. Paul, a persistent, longtime critic of the continued deployment of troops in the Middle East, has found the strongest ally of his political career on the issue with Trump.
After their discussion, Paul sent the president some news articles supporting his view that the time was right to withdraw from Syria, says top Paul aide Doug Stafford, who says Trump sent back a note alerting him that he would “see some movement on this soon.” On December 19, Trump announced the forthcoming withdrawal of the roughly 2,000 U.S. troops fighting ISIS in Syria. The move was resisted by just about everyone around Trump, inside and outside the administration, including John Bolton, Jim Mattis and Lindsey Graham. All, except Paul.
“I think people mistake it like Rand is trying to get him to do what Rand wants. But this is what Donald Trump ran on,” says Stafford. “Rand sees his role more as keeping the president where he wants to be and where he said he would be against some people who are inside of the White House and other senators who are trying to push him off of his beliefs and his position.”
Only Trump’s flamboyant awfulness stands in the way of his party’s power grab.
Donald Trump, it turns out, may have been the best thing that could have happened to American democracy.
No, I haven’t lost my mind. Individual-1 is clearly a wannabe dictator who has contempt for the rule of law, not to mention being corrupt and probably in the pocket of foreign powers. But he’s also lazy, undisciplined, self-absorbed and inept. And since the threat to democracy is much broader and deeper than one man, we’re actually fortunate that the forces menacing America have such a ludicrous person as their public face.
.. If you want to understand what’s happening to our country, the book you really need to read is “How Democracies Die,” by Steven Levitsky and Daniel Ziblatt. As the authors — professors of government at Harvard — point out, in recent decades a number of nominally democratic nations have become de facto authoritarian, one-party states. Yet none of them have had classic military coups, with tanks in the street.
.. What we’ve seen instead are coups of a subtler form:
- takeovers or intimidation of the news media,
- rigged elections that disenfranchise opposing voters,
- new rules of the game that give the ruling party overwhelming control even if it loses the popular vote,
- corrupted courts.
.. The classic example is Hungary, where Fidesz, the white nationalist governing party, has effectively
- taken over the bulk of the media;
- destroyed the independence of the judiciary;
- rigged voting to enfranchise supporters and disenfranchise opponents;
- gerrymandered electoral districts in its favor; and
- altered the rules so that a minority in the popular vote translates into a supermajority in the legislature.
Does a lot of this sound familiar? It should. You see, Republicans have been adopting similar tactics — not at the federal level (yet), but in states they control... the states, which Justice Louis Brandeis famously pronounced the laboratories of democracy, “are in danger of becoming laboratories of authoritarianism as those in power rewrite electoral rules, redraw constituencies and even rescind voting rights to ensure that they do not lose.”
.. Thus, voter purges and deliberate restriction of minority access to the polls have become standard practice in much of America. Would Brian Kemp, the governor-elect of Georgia — who oversaw his own election as secretary of state — have won without these tactics? Almost certainly not.
.. you get a lot less reassured if you look at what happened at the state level, where votes often weren’t reflected in terms of control of state legislatures.
Let’s talk, in particular, about what’s happening in Wisconsin.
.. Having lost every statewide office in Wisconsin last month, Republicans are using the lame-duck legislative session to drastically curtail these offices’ power, effectively keeping rule over the state in the hands of the G.O.P.-controlled Legislature.
.. What has gotten less emphasis is the fact that G.O.P. legislative control is also undemocratic. Last month Democratic candidates received 54 percent of the votes in State Assembly elections — but they ended up with only 37 percent of the seats.
.. In other words, Wisconsin is turning into Hungary on the Great Lakes, a state that may hold elections, but where elections don’t matter, because the ruling party retains control no matter what voters do.
.. As far as I can tell, not a single prominent Republican in Washington has condemned
- the power grab in Wisconsin,
- the similar grab in Michigan, or even
- what looks like outright electoral fraud in North Carolina.
.. Elected Republicans don’t just increasingly share the values of white nationalist parties like Fidesz or Poland’s Law and Justice; they also share those parties’ contempt for democracy. The G.O.P. is an authoritarian party in waiting.
.. Which is why we should be grateful for Trump. If he weren’t so flamboyantly awful, Democrats might have won the House popular vote by only 4 or 5 points, not 8.6 points.
.. And in that case, Republicans might have maintained control — and we’d be well along the path to permanent one-party rule.
Instead, we’re heading for a period of divided government, in which the opposition party has both the power to block legislation and, perhaps even more important, the ability to conduct investigations backed by subpoena power into Trump administration malfeasance.
.. But this may be no more than a respite. For whatever may happen to Donald Trump, his party has turned its back on democracy. And that should terrify you.
.. The fact is that the G.O.P., as currently constituted, is willing to do whatever it takes to seize and hold power. And as long as that remains true, and Republicans remain politically competitive, we will be one election away from losing democracy in America.
Question: What does CNN’s Jim Acosta crave more than anything? If you said “attention,” go to the head of the class. It’s a mystery why the White House has given Acosta way more than that. By yanking his “hard pass” after last week’s press conference (don’t ask who was obnoxious; they all were), Acosta has literally become a federal case. CNN filed suit claiming that its reporter’s First and Fifth Amendment rights were violated. More than a dozen news organizations, including Fox, have filed amicus briefs supporting CNN, and even Trump-friendly Fox News judicial analyst Andrew Napolitano has opined that Acosta has a strong case. Mr. Showboat is just where he wants to be — the center of attention — but thanks to President Trump’s gratuitous swipe, he is also a free-press martyr.
Kelly, whom Trump appointed to the federal bench last year, handed down his ruling two days after the network and government lawyers argued over whether the president had the power to exclude a reporter from the White House.
In his decision, Kelly ruled that Acosta’s First Amendment rights overruled the White House’s right to have orderly news conferences. Kelly said he agreed with the government’s argument that there was no First Amendment right to come onto the White House grounds. But, he said, once the White House opened up the grounds to reporters, the First Amendment applied.
.. He also agreed with CNN’s argument that the White House did not provide due process. He said the White House’s decision-making was “so shrouded in mystery that the government could not tell me . . . who made the decision.” The White House’s later written arguments for banning Acosta were belated and weren’t sufficient to satisfy due process, Kelly said.
.. White House press secretary Sarah Sanders announced Acosta’s “indefinite” suspension last week after the confrontation at the news conference. Trump and Sanders have had several run-ins with Acosta stretching back to before Trump became president.
.. CNN has argued that the ban on Acosta violated his First Amendment rights because it amounts to “viewpoint discrimination” — that is, the president is punishing him for statements and coverage he didn’t like. The network has also said the action violates Acosta’s Fifth Amendment right to due process because his exclusion follows no written guidelines or rules and has no appeal or review procedures.
.. Until the White House’s action last week, no reporter credentialed to cover the president had ever had a press pass revoked.
.. A government lawyer, James Burnham, argued in a hearing before Kelly on Wednesday that the president was within his rights to ban any reporter from the White House at any time, just as he excludes reporters from interviews in the Oval Office. He said Acosta could report on the president “just as effectively” by watching the president on TV or by calling sources within the White House. He also said CNN wouldn’t be injured by Acosta’s exclusion since CNN has dozens of other journalists credentialed for the White House.
.. Burnham also explained that Trump’s rationale for Acosta’s ban was his “rudeness” at last week’s news conference, in effect arguing that Acosta’s conduct, not his right to free speech, was the relevant issue.
The assertions drew a rebuttal from CNN’s lawyer, Boutrous, who described the ban on the reporter as arbitrary, capricious and unprecedented. He said White House reporters need access to the premises to meet with sources and to report on untelevised “gaggles,” impromptu discussions with press aides and other officials, so that banning a reporter from the grounds harms his or her ability to do their job.
.. Trump has suggested other reporters could face a similar fate if they displease him in some unspecified way.
.. During the presidential campaign in 2015 and 2016, Trump banned more than a dozen news organizations from his rallies and public events, including The Washington Post. But he said he wouldn’t do something similar as president. Last week, he went back on that statement.
.. Trump’s 2020 reelection campaign has used the CNN lawsuit to drum up contributions, portraying the suit as evidence of “liberal bias” — an assertion Boutrous brought up on Wednesday to demonstrate that Trump had political reasons for banning Acosta.