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.”
In the evil populist “Trump’s America,” here’s what happened to energy-related carbon emissions: In 2017, they fell by 0.5 percent. But in the saintly globalist European Union, they went up by 1.5 percent in the same period. In fact, per-capita carbon emissions in Trump’s America are nearly at a 70-year low.
It turns out energy deregulation does more to fight climate change than going to conferences. I guess you might call that an “inconvenient truth.” This one’s pretty inconvenient if you’re the kind of person that goes around saying Trump is a fake populist, that he’s not doing anything to help the forgotten men and women in this country.
.. Look, America’s poverty rate was lower in President Trump’s first year than at any point in the Obama administration.
Okay. Whatever, you Trump haters are probably saying. But of course the middle class was screwed by the Trump tax cuts that only helped the rich, right?
Oh wait. The Trump tax cuts doubled the standard deduction to $12,000 for individuals and $24,000 for families. That’s a huge change that takes millions of Americans out of federal income tax altogether and has effectively increased incomes for middle class families across the country.
.. What else helps the middle class? Jobs. But of course that “idiot” Trump couldn’t create them.
“When somebody says – like the person you just mentioned that I’m not going to advertise for – that he’s going to bring all these jobs back. Well, how exactly are you going to do that?” Obama once said. “He just says, ‘Well, I’m going to negotiate a better deal.’ Well, what – how – exactly are you going to negotiate that? What magic wand do you have?”
Yeah, Trump, what magic wand do you have? I don’t know, maybe just better economic policy. The kind that results in the lowest unemployment rate since 1969. And the lowest African-American unemployment ever.
.. Also, wasn’t Trump going to crash the economy? Hillary Clinton thought so, telling an audience, “Economists – left, right, and center – all agree: Donald Trump will drive America back into recession.”
Left, right and center, inconvenient truth, Hillary. Even the New York times just gave Trump credit for the fact that the U.S. economy is on track for its “best annual performance since 2005.”
Alright, whatever. Jobs and growth … but Trump still isn’t delivering his promises to working people. I mean, after decades of stagnation, incomes are still flat, aren’t they?
“A key thing we’ve been looking at for quite a while that doesn’t seem to be moving much are wages,” CBS correspondent Anthony Mason said on-air.
Oh dear. That turns out not be true any more. Wages have risen all the way through the last two years and were up 3.1 percent in the last quarter – the highest level in a decade.
Fine. But it’s all going to be ruined, isn’t it, by Trump’s crazy trade war with China? In fact, the elitists seem to hate Trump so much, they even took China’s side. Remember how they thrilled to the brutal autocrat Xi Jinping at Davos last year? They just lapped up his speech on the virtues of globalization. The president of the EU-owned European Investment Bank said, “In these times of a lack of leadership, particularly in Europe, it was quite impressive.”
Oooh President Xi! You’re quite impressive!
What’s actually happening is that President Trump’s pressure is working. China is on the back foot, making trade concessions, and now pledging to drop its “Made in China 2025” program, which was Xi Jinping’s grand plan to achieve world domination in the industries of the future.
We’ll see if they mean it. But even the fact that they’re saying it is a major victory for that “idiot” Trump, who obviously doesn’t know what he’s doing. Just like with North Korea, remember?
It was outgoing President Obama who told President-elect Donald Trump that North Korea would be his number one problem. Trump actually listened to him, did something about it, and turned our relationship around in a way that has made the world incomparably safer.
And then, just this past week, we saw incredibly important substantive progress from this administration. Major criminal justice reform, led by Jared Kushner, is now looking good for passage in the Senate. A major new effort to revitalize urban America and rebuild low-income neighborhoods is being led by Ben Carson. And there’s a highly significant new strategy from John Bolton to fight China’s attempted colonization of Africa.
.. Look, the point here is this: We’ll never persuade the Trump haters on the left and the right to change their feelings about the president. They just can’t stand him. And more than anything, it’s aesthetic. They find him vulgar … not to their taste.
Fine. But could you just focus on the facts? Could you just acknowledge – even for a day or so over Christmas – that on the facts, on policy, on the substance, that this is, so far, a pretty successful presidency?
The outgoing attorney general did more to enact the president’s priorities than any other member of the Cabinet, but that didn’t save him from White House hostility.
The paradox of Jeff Sessions’s tenure as attorney general is that no member of the Trump administration was so beleaguered and disparaged by President Trump, but no member got as much done.Even as he endured persistent verbal abuse from the president, Sessions steamed forward on a range of conservative social-policy priorities, aggressively reorienting the Justice Department’s stances on immigration, civil rights, and criminal justice, among other issues. In an administration plagued by incompetent and ineffective figures, Sessions was a paragon of efficacy—a distinction that horrified his many opponents, but did nothing to win Trump’s trust or affection.
- When it came time for Trump to pull the plug on the Deferred Action for Childhood Arrivals program, as he had promised he would during the 2016 campaign, the president got cold feet, but Sessions was happy to be the public face of the withdrawal. It was Sessions who
- tried to follow through (unsuccessfully) on Trump’s threat to cut off funding to sanctuary cities. It was Sessions who issued new guidance to immigration judges. And, most prominent, it was Sessions who
- went to the border to announce the Trump administration’s decision to separate migrant children from their parents.
Sessions openly said the plan to split families up was intended to deter migrants, even as other administration officials said otherwise. The policy was met with widespread and appropriate horror, and Trump eventually pulled back—but he had backed the plan before that, and Sessions had followed through... But these weren’t just Sessions’s pet issues. They were Trump’s as well. Hardline immigration policies, giving police free rein, fighting phantom voter fraud—these were all signature Trump projects. Sessions had been the first U.S. senator to endorse Trump, and Trump took from him a range of policy concepts—especially on immigration—as well as a top adviser, Stephen Miller. But Sessions’s stewardship of those projects didn’t return him to favor with Trump, who, according to Bob Woodward’s book Fear, called Sessions “mentally retarded” and a “dumb Southerner.”.. When McGahn’s departure was announced in August, I wrote that he’d been the most effective person in the West Wing, through his stewardship of judicial appointments. But Trump disliked and distrusted McGahn, and seemed eager to have him gone... Of course, the same issue poisoned both Sessions’s and McGahn’s relationships with Trump: the Russia investigation, and especially Special Counsel Robert Mueller’s takeover of it... Trump was angry that neither man had protected him. He raged at Sessions’s lack of “loyalty” and complained that Attorney General Eric Holder had “totally protected” Barack Obama. (What he meant by that is unclear.) He twice instructed McGahn to fire Mueller, and McGahn twice refused, once threatening to resign... Attorney General Matthew Whitaker assumes control of Mueller’s probe. Whitaker was outspokenly critical of the special counsel’s inquiry before joining the administration, so Trump may now have a leader of the Justice Department who is more pliable on the Mueller front. But the president is unlikely to find an attorney general who will do as much to move his priorities forward as Sessions did—and the new attorney general will come into the job knowing that loyalty and efficacy aren’t enough to garner favor with Trump.
— The National Enquirer kept a safe containing damaging documents on hush-money payments and other stories that it killed on Trump’s behalf. The AP’s Jeff Horwitz reports: “Several people familiar with the National Enquirer’s parent company … said the safe was a great source of power for [Pecker]. The Trump records were stored alongside similar documents pertaining to other celebrities’ catch-and-kill deals … By keeping celebrities’ embarrassing secrets, the company was able to ingratiate itself with them and ask for favors in return. But after [Karen McDougal’s catch-and-kill deal was revealed], those assets became a liability. … Fearful that the documents might be used against American Media, Pecker and [Howard] removed them from the safe in the weeks before Trump’s inauguration … It was unclear whether the documents were destroyed or simply were moved to a location known to fewer people.”
.. The Enquirer’s efforts to kill negative Trump stories extended way beyond the 2016 campaign: “Former Enquirer employees who spoke to the AP said that negative stories about Trump were dead on arrival dating back more than a decade when he starred on NBC’s reality show ‘The Apprentice.’ In 2010, at Cohen’s urging, the National Enquirer began promoting a potential Trump presidential candidacy, referring readers to a pro-Trump website Cohen helped create. With Cohen’s involvement, the publication began questioning [Obama’s] birthplace and American citizenship in print.”
.. — The Manhattan district attorney’s office is also weighing possible criminal charges against the Trump Organization and two of its senior officials. The New York Times’s William K. Rashbaum reports: “A state investigation would center on how the company accounted for its reimbursement to Mr. Cohen for the $130,000 he paid to [Stormy Daniels] … [Two] officials stressed that the office’s review of the matter is in its earliest stages and prosecutors have not yet made a decision on whether to proceed. State charges against the company or its executives could be significant because Mr. Trump has talked about pardoning some of his current or former aides who have faced federal charges. As president, he has no power to pardon people and corporate entities convicted of state crimes.”
.. “Trump’s lawyers counseled the president against the idea of pardoning anyone linked to the investigation … saying Trump should at least wait until [Mueller] has concluded his probe.
.. Asked about a pardon, one senior White House official said: ‘What does it accomplish? You pardon him, it doesn’t get rid of the Mueller probe, it causes you more headaches, he still has another trial, you have more Republicans coming after you.’”
.. “Trump’s consideration of pardons, while he praises associates who don’t cooperate with investigations and help those who praise him, also could have a chilling effect, law enforcement officials said,”
.. ‘The president has not a whit of respect for institutions, whether it’s the DOJ or the Fed or the FBI,’ said one former senior administration official. ‘If you are a threat to him, he is going to try to kill you.’
.. Two powerful members of the Senate Judiciary Committee who have been shielding Sessions gave air cover for Trump to fire him after Fox aired the interview. This is significant because a new AG who is not recused from the investigation could oversee Mueller’s work and rein in his probe.
.. — Sen. Lindsey Graham (R-S.C.), who recently golfed with Trump, said it’s “very likely” that the president will oust Sessions but urged him to wait until after the midterms to do so. “The president’s entitled to an attorney general he has faith in, somebody that’s qualified for the job, and I think there will come a time, sooner rather than later, where it will be time to have a new face and a fresh voice at the Department of Justice,” Graham said. “Clearly, Attorney General Sessions doesn’t have the confidence of the president.” (Graham sung a different tune last July. “If Jeff Sessions is fired,” he said then, “there will be holy hell to pay.”)
.. — Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) also shifted his position and announced he will now be able to find time to hold a confirmation hearing for a new attorney general this fall after the Supreme Court vacancy is filled. “Grassley said he was not advocating for a change at the Justice Department but simply responding to questions about timing,” Devlin Barrett, John Wagner and Seung Min Kim report. “Asked whether he still has confidence in Sessions, Grassley said: ‘Let’s put it this way, he’s a good friend.’
.. “Part of the disenchantment stems from a growing rift between Grassley and Sessions over Grassley’s legislation to change criminal justice policy. Sessions, whose views on law enforcement are shaped largely by 1980s-era mandatory-minimum sentences and harsh penalties for drug dealers, came out against the measure earlier this year, saying it ‘risks putting the very worst criminals back into our communities.’ Grassley has been willing to work with Democrats on legislation that would reduce prison sentences for some nonviolent drug offenders. He was furious that Sessions opposed his bill, one of his biggest legislative priorities… ‘It’s Grassley’s bill, and when the attorney general said he wouldn’t support it, Grassley said that was disloyal,’ said a person close to Sessions. ‘But … the attorney general isn’t going to be blackmailed.’”
I’ve been reading Sojourner Truth’s famous 1851 speech, “Ain’t I a Woman.”
“I could work as much and eat as much as a man, when I could get it, and bear the lash as well! And ain’t I a woman? I have borne 13 children and seen most of them sold off to slavery, and when I cried out with my mother’s grief, none but Jesus heard me! And ain’t I a woman?”
.. When Truth asked the group of mostly white women in her audience whether she was a woman, she was not simply pointing to the hypocrisy of Western thought in which nations and “civilized” societies were built on the enslavement, murder and exploitation of women and children. Truth’s question was a provocation, a challenge to a racial structure built on the dehumanization of an entire group of human beings.
.. The barbarity of American slavery should be recalled more often, if only to truly understand the significance of its demise. It was
- the grief of losing one’s child,
- being raped,
- tortured and
- separated from your own
- family and friends at a whim.
.. It was a system that normalized and codified its everyday brutality. It was life in constant fear and punishing, exacting labor. And it was completely legal.
.. Who successfully sued a white man to get back her son.
.. For example, Truth, in fact, had only five children, not 13 — an embellishment attributed to those who later transcribed the speech for the illiterate former slave.
.. I think of her standing in a courtroom to claim her child and I remind myself that this is what freedom means.
.. I participated in the Occupy movement, during which a crossracial coalition of people from New York to Honolulu protested income inequality, gentrification, police brutality and unjust incarceration. The movement had many successes, but in its immediate aftermath we saw widespread crackdowns in cities around the country on people’s ability to interact and exist in urban outdoor spaces — policies that have aided efforts to criminalize the nation’s homeless and pre-emptively arrest other vulnerable populations.
.. In order to have hope, I have to believe that, after the backlash, things — for black Americans and other oppressed people here and around the world — will change again.
.. For black Americans, the struggle of emancipation is riddled with its failures: sharecropping, lynching, segregation, disenfranchisement and brutal, unfair treatment by the criminal justice system.
.. John Lewis said in a recent tweet, “Do not get lost in a sea of despair.
Be hopeful, be optimistic. Our struggle is not the struggle of a day, a week, a month, or a year, it is the struggle of a lifetime.”
today’s true crime resurgence has an antecedent in the works of Fyodor Dostoyevsky, the Russian author of numerous novels about murder including, most famously, “Crime and Punishment.” Dostoyevsky was obsessed with the judiciary. He spent considerable time watching trials, debating with lawyers about the nature of innocence and guilt, visiting the accused in prison and trying to sway public opinion about certain cases.
.. Unlike contemporary consumers of true crime, who find themselves in the middle of a larger national conversation about police brutality and racial bias in sentencing, Dostoyevsky was writing at a time of tremendous enthusiasm and hope regarding the future of Russian jurisprudence. In 1864, Czar Alexander II instituted sweeping changes to the legal code, the most radical of which was the introduction of the jury trial. Dostoyevsky shared the country’s excitement over the changes, writing to a friend: “We will have just courts everywhere. What a great regeneration that will be!
.. Dostoyevsky himself had been victim to an overzealous judicial system. In 1849, he was sentenced to death for participating in the Petrashevsky Circle, an intellectual society influenced by the French utopian socialists.
.. he began to have serious doubts about the courts. For one, Russian juries produced an unusually high number of acquittals (about 40 percent in all cases).
.. Where was the space, he wondered, to properly attend to the moral regeneration of those who had committed acts of violence?
.. Dostoyevsky ultimately wanted people to feel more at ease with the concept of guilt, to embrace it as a feature of common humanity and to recognize our own complicity in the everyday acts of violence (cruelty, lack of love, stinginess) that drive people to moral transgressions.
.. He devoted his final novel, “The Brothers Karamazov,” to developing the idea of “collective guilt.” At the book’s center is the murder of Fyodor Karamazov, a derelict father who was violent, abusive and selfish, leading all his sons to, consciously or subconsciously, desire his demise.
.. Though ultimately killed by his illegitimate son, the other children all come to accept their own culpability in the steps that led to their father’s murder.
.. As true crime shows continue to proliferate today, Dostoyevsky’s evolution as a crime writer could prove instructive in expanding the genre’s reformist potential.
.. equal attention should be paid to stories of restorative justice, like that exemplified by podcasts like “Ear Hustle,” which is produced by inmates in San Quentin State Prison in California.
.. it is not only our task to support the innocent or wrongly convicted but also to recognize the humanity of the guilty and the shared sense of responsibility that we have for one another.
WHEN LIFELONG CIVIL rights attorney Larry Krasner was elected in a landslide this past November to become the new district attorney of Philadelphia, to say that his fans and supporters had high hopes would be an understatement. Anything less than a complete revolution that tore down the bigoted and patently unfair systems of mass incarceration would be a severe disappointment.
.. In his first week on the job, he fired 31 prosecutors from the DA’s officebecause they weren’t committed to the changes he intended to make. “Change is never easy, but DA Krasner was given a clear mandate from the voters for transformational change,” his spokesperson said at the time. “Today’s actions are necessary to achieve that agenda.”
Next, Krasner obeyed a court order to release a list of 29 officers from the Philadelphia Police Department that were on a “do-not-call list” — meaning that they were so tainted that they would be considered unreliable as witnesses. The police officers on the list had either been charged with crimes or found responsible for misconduct in internal police probes conducted by the department’s Board of Inquiry. Among the offenses, according to the Philadelphia Inquirer, the police officers had lied to their fellow investigators, filed false reports, used excessive force, driven drunk, and burgled.