Unfit for Office

Donald Trump’s narcissism makes it impossible for him to carry out the duties of the presidency in the way the Constitution requires.

On a third-down play last season, the Washington Redskins quarterback Alex Smith stood in shotgun formation, five yards behind the line of scrimmage. As he called his signals, a Houston Texans cornerback, Kareem Jackson, suddenly sprinted forward from a position four yards behind the defensive line.

Jackson’s timing was perfect. The ball was snapped. The Texans’ left defensive end, J.J. Watt, sprinted to the outside, taking the Redskins’ right tackle with him. The defensive tackle on Watt’s right rushed to the inside, taking the offensive right guard with him. The result was a huge gap in the Redskins’ line, through which Jackson could run unblocked. He quickly sacked Smith, for a loss of 13 yards.

Special-teams players began taking the field for the punt. But Smith didn’t get up. He rolled flat onto his back, pulled off his helmet, and covered his face with his hands. He was clearly in excruciating pain. The slow-motion replay immediately showed the television audience why: As Smith was tackled, his right leg had buckled sharply above the ankle, with his foot rotating significantly away from any direction in which a human foot ought to point. The play-by-play announcer Greg Gumbel said grimly, “We’ll be back,” and the network abruptly cut to a break. There was nothing more to say.

Even without the benefit of medical training, and even without conducting a physical examination, viewers knew what had happened. They may not have known what the bones were called or what treatment would be required, but they knew more than enough, and they knew what really mattered: Smith had broken his leg, very badly. They knew that even if they were not orthopedists, did not have a medical degree, and had never cracked open a copy of Gray’s Anatomy. They could tell—they were certain—something was seriously wrong.

And so it is, or ought to be, with Donald Trump. You don’t need to be a weatherman to know which way the wind blows, and you don’t need to be a mental-health professional to see that something’s very seriously off with Trump—particularly after nearly three years of watching his erratic and abnormal behavior in the White House. Questions about Trump’s psychological stability have mounted throughout his presidency. But those questions have been coming even more frequently amid a recent escalation in Trump’s bizarre behavior, as the pressures of his upcoming reelection campaign, a possibly deteriorating economy, and now a full-blown impeachment inquiry have mounted. And the questioners have included those who have worked most closely with him.

No president in recent memory—and likely no president ever—has prompted more discussion about his mental stability and connection with reality. Trump’s former chief of staff John Kelly is said to have described him as “unhinged,” and “off the rails,” and to have called the White House Crazytown because of Trump’s unbalanced state. Trump’s former deputy attorney general, Rod Rosenstein, once reportedly discussed recruiting Cabinet members to invoke the Twenty-Fifth Amendment, the Constitution’s provision addressing presidential disability, including mental disability.

Rosenstein denies that claim, but it is not the only such account. A senior administration official, writing anonymously in The New York Times last September, described how, “given the instability many witnessed, there were early whispers within the cabinet of invoking the 25th Amendment”—but “no one wanted to precipitate a constitutional crisis.” And NBC News last week quoted someone familiar with current discussions in the White House warning that there is “increasing wariness that, as this impeachment inquiry drags out, the likelihood increases that the president could respond erratically and become ‘unmanageable.’” In September, a former White House official offered a similar assessment to Business Insider reporter: “No one knows what to expect from him anymore,” because “his mood changes from one minute to the next based on some headline or tweet, and the next thing you know his entire schedule gets tossed out the window. He’s losing his shit.”Even a major investment bank has gotten into the mix, albeit in a roundabout way: JPMorgan Chase has created a “Volfefe Index—named after Trump’s bizarre May 2017 “covfefe” tweet—designed to quantify the effect that Trump’s impulsive tweets have on interest-rate volatility. The bank’s press release understatedly observed that its “volatility fair value model” shows that “the president’s remarks on this social media platform [have] played a statistically significant role in elevating implied volatility.”
The president isn’t simply volatile and erratic, however—he’s also incapable of consistently telling the truth. Those who work closely with him, and who aren’t in denial, must deal with Trump’s lying about serious matters virtually every day. But as one former official put it, they “are used to the president saying things that aren’t true,” and have inured themselves to it. Trump’s own former communications director Anthony Scaramucci has on multiple occasions described Trump as a liar, once saying, “We … know he’s telling lies,” so “if you want me to say he’s a liar, I’m happy to say he’s a liar.” He went on to address Trump directly: “You should probably dial down the lying because you don’t need to … So dial that down, and you’ll be doing a lot better.”That was good advice, but clearly wishful thinking. Trump simply can’t dial down the lying, or turn it off—even, his own attorneys suggest, when false statements may be punished as crimes. A lawyer who has represented him in business disputes once told me that Trump couldn’t sensibly be allowed to speak with Special Counsel Robert Mueller, because Trump would “lie his ass off”—in effect, that Trump simply wasn’t capable of telling the truth, about anything, and that if he ever spoke to a prosecutor, he’d talk himself into jail.Trump’s lawyers in the Russia investigation clearly agreed: As Bob Woodward recounts at length in his book Fear, members of Trump’s criminal-defense team fought both Trump and Mueller tooth and nail to keep Trump from being interviewed by the Office of Special Counsel. A practice testimonial session ended with Trump spouting wild, baseless assertions in a rage. Woodward quotes Trump’s outside counsel John Dowd as saying that Trump “just made something up” in response to one question. “That’s his nature.” Woodward also recounts Dowd’s thinking when he argued to Trump that the president was “not really capable” of answering Mueller’s questions face to face. Dowd had “to dress it up as much as possible, to say, it’s not your fault … He could not say what he knew was true: ‘You’re a fucking liar.’ That was the problem.” (Dowd disputes this account.) Which raises the question: If Trump can’t tell the truth even when it counts most, with legal jeopardy on the line and lawyers there to help prepare him, is he able to apprehend the truth at all?
Behavior like this is unusual, a point that journalists across the political spectrum have made. “This is not normal,” Megan McArdle wrote in late August. “And I don’t mean that as in, ‘Trump is violating the shibboleths of the Washington establishment.’ I mean that as in, ‘This is not normal for a functioning adult.’” James Fallows observed, also in August, that Trump is having “episodes of what would be called outright lunacy, if they occurred in any other setting,” and that if he “were in virtually any other position of responsibility, action would already be under way to remove him from that role.”

Trump’s erratic behavior has long been the subject of political criticism, late-night-television jokes, and even speculation about whether it’s part of some incomprehensible, multidimensional strategic game. But it’s relevant to whether he’s fit for the office he holds. Simply put, Trump’s ingrained and extreme behavioral characteristics make it impossible for him to carry out the duties of the presidency in the way the Constitution requires. To see why first requires a look at what the Constitution demands of a president, and then an examination of how Trump’s behavioral characteristics preclude his ability to fulfill those demands.

The Framers of the Constitution expected the presidency to be occupied by special individuals, selfless people of the highest character and ability. They intended the Electoral College to be a truly deliberative body, not the largely ceremonial institution it has become today. Because the Electoral College, unlike Congress and the state legislatures, wouldn’t be a permanent body, and because it involved diffuse selections made in the various states, they hoped it would help avoid “cabal, intrigue and corruption,” as Alexander Hamilton put it in “Federalist No. 68,” and deter interference from “these most deadly adversaries of republican government,” especially “from the desire in foreign powers to gain an improper ascendant in our councils.”

Though the Constitution’s drafters could hardly have foreseen how the system would evolve, they certainly knew the kind of person they wanted it to produce. “The process of election affords a moral certainty,” Hamilton wrote, “that the office of President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications.” “Talents for low intrigue, and the little arts of popularity,” might suffice for someone to be elected to the governorship of a state, but not the presidency. Election would “require other talents, and a different kind of merit,” to gain “the esteem and confidence of the whole Union,” or enough of it to win the presidency. As a result, there would be “a constant probability of seeing the station filled by characters pre-eminent for ability and virtue.” This was the Framers’ goal in designing the system that would make “the choice of the person to whom so important a trust was to be confided.”Hamilton’s use of the word trust in The Federalist Papers to describe the presidency was no accident. The Framers intended that the president “be like a fiduciary, who must pursue the public interest in good faith republican fashion rather than pursuing his self-interest, and who must diligently and steadily execute Congress’s commands,” as a recent Harvard Law Review article puts it. The concept is akin to the law of private fiduciaries, which governs trustees of trusts and directors and officers of corporations, an area that has been central to my legal practice as a corporate litigator. “Indeed,” as the Harvard Law Review article explains, “one might argue that what presents to us as private fiduciary law today had some of its genesis in the law of public officeholding.” The overarching principle is that a fiduciary—say, the CEO of a corporation—when acting on behalf of a corporation, has to act in the corporation’s best interests. Likewise, a trustee of a trust must use the assets for the benefit of the beneficiary, and not himself (a fundamental rule, incidentally, that Trump apparently couldn’t adhere to with his own charitable foundation).
In providing for a national chief executive, the Framers incorporated the very similar law of public officeholding into his duties in two places in the Constitution—in Article II, Section 3 (the president “shall take Care that the Laws be faithfully executed”), and in Article II, Section 1, Clause 8, which requires the president to “solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States.” That language—particularly the words faithfully execute—was in 1787 “very commonly associated with the performance of public and private offices,” the Harvard Law Review article points out, and “anyone experienced in law or government” at that time would have recognized what it meant, “because it was so basic to … the law of executive officeholding.” In a nutshell, while carrying out his official duties, a president has to put the country, not himself, first; he must faithfully follow and enforce the law; and he must act with the utmost care in doing all that.

But can trump do all that? Does his personality allow him to? Answering those questions doesn’t require mental-health expertise, nor does it really require a diagnosis. You can make the argument for Trump’s unfitness without assessing his mental health: Like James Fallows, for example, you could just ask whether Trump would have been allowed to retain any other job in light of his bizarre conduct. At the same time, the presence of a mental disorder or disturbance doesn’t necessarily translate to incapacity; to suggest otherwise would unfairly stigmatize tens of millions of Americans. Someone battling a serious psychological ailment can unquestionably function well, and even nobly, in high public office—including as president. The country, in fact, has seen it: Abraham Lincoln endured “no mere case of the blues”; he suffered such “terrible melancholly,” said one of his contemporaries, that “he never dare[d] carry a knife in his pocket.” Many historians speculate that he suffered from what we would now diagnose as clinical depression. Yet Lincoln’s mechanisms for coping with his lifelong affliction may have supplied him with the vision, the creativity, and the moral fortitude to save the nation, to achieve for it a new birth of freedom. As a writer in this magazine once put it: Lincoln’s “political vision drew power from personal experience … Prepared for defeat, and even for humiliation, he insisted on seeing the truth of both his personal circumstances and the national condition. And where the optimists of his time would fail, he would succeed, envisioning and articulating a durable idea of free society.”

More than a diagnosis, what truly matters, as Lincoln’s case shows, is the president’s behavioral characteristics and personality traits. And understanding how people behave and think is not the sole province of professionals; we all do it every day, with family members, co-workers, and others. Nevertheless, how the mental-health community goes about categorizing those characteristics and traits can provide helpful guidance to laypeople by structuring our thinking about them.And that’s where the Diagnostic and Statistical Manual of Mental Disorders comes into play. The DSM, now in its fifth edition, “contains descriptions, symptoms, and other criteria for diagnosing mental disorders,” and serves as the country’s “authoritative guide to the diagnosis of mental disorders.” What’s useful for nonprofessionals is that, for the most part, it’s written in plain English, and its criteria consist largely of observable behaviors—words and actions.That’s especially true of its criteria for personality disorders—they don’t require a person to lie on a couch and confess his or her innermost thoughts. They turn on how a person behaves in the wild, so to speak. If anything, a patient’s confessions in an office may disadvantage a clinician, because patients can and do conceal from clinicians central aspects of their true selves. If you can observe people going about their everyday business, you’ll know a lot more about how they act and behave.
And Donald Trump, as president of the United States, is probably the most observable and observed person in the world. I’ve personally met and spoken with him only a few times, but anyone who knows him will tell you that Trump, in a way, has no facade: What you see of him publicly is what you get all the time, although you may get more of it in private. Any intelligent person who watches Trump closely on television, and pays careful attention to his words on Twitter and in the press, should be able to tell you as much about his behavior as a mental-health professional could.One scholarly paper has suggested that accounts of a person’s behavior from laypeople who observe him might be more accurate than information from a clinical interview, and that this is especially true when considering two personality disorders in particular—what the DSM calls narcissistic personality disorder and antisocial personality disorder. These two disorders just happen to be the ones that have most commonly been ascribed to Trump by mental-health professionals over the past four years. Of these two disorders, the more commonly discussed when it comes to Trump is narcissistic personality disorder, or NPD—pathological narcissism. It’s also more important in considering Trump’s fitness for office, because it touches directly upon whether Trump has the capacity to put anyone’s interests—including the country’s and the Constitution’s—above his own.

Narcissus, the greek mythological figure, was a boy who fell so in love with his own reflection in a pool of water that, according to one version of the story, he jumped in and drowned. Psychiatrists and psychologists now use the term narcissism to describe feelings of self-importance and self-love. As Craig Malkin, a clinical psychologist who has written extensively on the subject, has explained, narcissism is a trait that, to some extent, all human beings have: “the drive to feel special, to stand out from … other[s] … to feel exceptional or unique.”

A certain amount of narcissism is healthy, and helpful—it brings with it confidence, optimism, and boldness. Someone with more than an average amount of narcissism may be called a narcissist. Many politicians, and many celebrities, could be considered narcissists; presidents seem especially likely to “rank high in extroverted narcissism,” Malkin writes, although they have varied greatly in the degree of their narcissism. But extreme narcissism can be pathological, an illness—and potentially a danger, as it was for Narcissus. “Pathological narcissism begins when people become so addicted to feeling special that, just like with any drug, they’ll do anything to get their ‘high,’ including lie, steal, cheat, betray, and even hurt those closest to them,” Malkin says.

The “fundamental life goal” of an extreme narcissist “is to promote the greatness of the self, for all to see,” the psychologist Dan P. McAdams wrote in The Atlantic. To many mental-health professionals, Donald Trump provides a perfect example of such extreme, pathological narcissism: One clinical psychologist told Vanity Fair that he considers Trump such a “classic” pathological narcissist that he is actually “archiving video clips of him to use in workshops because there’s no better example” of the characteristics of the disorder he displays. “Otherwise,” this clinician explained, “I would have had to hire actors and write vignettes. He’s like a dream come true.” Another clinical psychologist said that Trump displays “textbook narcissistic personality disorder.”

Not everyone agrees that Trump meets the diagnostic criteria for NPD. Allen Frances, a psychiatrist who helped write the disorder’s entry in the DSM, has argued that a mental “disturbance” becomes a “disorder” only when, as the DSMputs it, the affliction “causes clinically significant distress or impairment in social, occupational, or other important areas of functioning.” The idea behind this threshold is to separate “mild forms” of problems from pathological ones, “in the absence of clear biological markers or clinically useful measurements of severity for many mental disorders.”In Frances’s view, that dividing line disqualifies Trump from having a disorder, particularly NPD. Trump “may be a world-class narcissist,” he has written, “but this doesn’t make him mentally ill, because he does not suffer from the distress and impairment required to diagnose mental disorder. Mr. Trump causes severe distress rather than experiencing it and has been richly rewarded, rather than punished, for his grandiosity, self-absorption and lack of empathy.”But from the perspective of the public at large, the debate over whether Trump meets the clinical diagnostic criteria for NPD—or whether psychiatrists can and should answer that question without directly examining him—is beside the point. The goal of a diagnosis is to help a clinician guide treatment. The question facing the public is very different: Does the president of the United States exhibit a consistent pattern of behavior that suggests he is incapable of properly discharging the duties of his office?
Even Trump’s own allies recognize the degree of his narcissism. When he launched racist attacks on four congresswomen of color, Senator Lindsey Graham explained, “That’s just the way he is. It’s more narcissism than anything else.” So, too, do skeptics of assigning a clinical diagnosis. “No one is denying,” Frances told Rolling Stone, “that he is as narcissistic an individual as one is ever likely to encounter.” The president’s exceptional narcissism is his defining characteristic—and understanding that is crucial to evaluating his fitness for office.The DSM-5 describes its conception of pathological narcissism this way: “The essential feature of narcissistic personality disorder is a pervasive pattern of grandiosity, need for admiration, and lack of empathy that begins by early adulthood and is present in a variety of contexts.” The manual sets out nine diagnostic criteria that are indicative of the disorder, but only five of the nine need be present for a diagnosis of NPD to be made. Here are the nine:

1. Has a grandiose sense of self-importance (e.g., exaggerates achievements and talents, expects to be recognized as superior without commensurate achievements).

2. Is preoccupied with fantasies of unlimited success, power, brilliance, beauty, or ideal love.

3. Believes that he or she is “special” and unique and can only be understood by, or should associate with, other special or high-status people (or institutions).

4. Requires excessive admiration.

5. Has a sense of entitlement (i.e., unreasonable expectations of especially favorable treatment or automatic compliance with his or her expectations).

6. Is interpersonally exploitative (i.e., takes advantage of others to achieve his or her own ends)

7. Lacks empathy: is unwilling to recognize or identify with the feelings or needs of others.

8. Is often envious of others or believes that others are envious of him or her.

9. Shows arrogant, haughty behaviors or attitudes.

These criteria are accompanied by explanatory notes that seem relevant here: “Vulnerability in self-esteem makes individuals with narcissistic personality disorder very sensitive to ‘injury’ from criticism or defeat.” And “criticism may haunt these individuals and may leave them feeling humiliated, degraded, hollow and empty. They may react with disdain, rage, or defiant counterattack.” The manual warns, moreover, that “interpersonal relations are typically impaired because of problems derived from entitlement, the need for admiration, and the relative disregard for the sensitivities of others.” And, the DSM-5 adds, “though overweening ambition and confidence may lead to high achievement, performance may be disrupted because of intolerance of criticism or defeat.”

The diagnostic criteria offer a useful framework for understanding the most remarkable features of Donald Trump’s personality, and of his presidency. 
(1) Exaggerates achievements and talents, expects to be recognized as superior without commensurate achievements?
(2) Preoccupied with fantasies of unlimited success, power, brilliance
(3) Believes that he or she is “special” and unique and should only associate with other special or high-status people? 
That’s Trump, to a T. As Trump himself might put it, he exaggerates accomplishments better than anyone. In July, he described himself in a tweet as “so great looking and smart, a true Stable Genius!” (Exclamation point his, of course.) That “stable genius” self-description is one that Trump has repeated over and over again—even though he has trouble with spellingdoesn’t know the difference between a hyphen and an apostrophe, doesn’t appear to understand fractions, needs basic geography lessonsspeaks at the level of a fourth grader, and engages in “serial misuse of public language” and “cannot write sentences,” and even though members of his own administration have variously considered him to be a “moron,” an “idiot,” a “dope,” “dumb as shit,” and a person with the intelligence of a “kindergartener” or a “fifth or sixth grader” or an “11-year-old child.” Trump wants everyone to know: He’s “the super genius of all time,” one of “the smartest people anywhere in the world.” Not only that, but he considers himself a hero of sorts. He avoided military service, yet claims he would have run, unarmed, into a school during a mass shooting. Speaking to a group of emergency medical workers who had lost friends and colleagues on 9/11, he claimed, falsely, to have “spent a lot of time down there with you,” while generously allowing that “I’m not considering myself a first responder.” He has spoken, perhaps jokingly, perhaps not, about awarding himself the Medal of Honor.
Trump claims to be an expert—the world’s greatest—in anything and everything. As one video mash-up shows, Trump has at various times claimed—in all seriousness—that no one knows more than he does about:
  • taxes,
  • income,
  • construction,
  • campaign finance,
  • drones,
  • technology,
  • infrastructure,
  • work visas,
  • the Islamic State,
  • “things” generally,
  • environmental-impact statements,
  • Facebook,
  • renewable energy,
  • polls,
  • courts,
  • steelworkers,
  • golf,
  • banks,
  • trade,
  • nuclear weapons,
  • tax law,
  • lawsuits,
  • currency devaluation,
  • money,
  • “the system,”
  • debt, and
  • politicians.

Trump described his admission as a transfer student into Wharton’s undergraduate program as “super genius stuff,” even though he didn’t strike the admissions officer who approved his candidacy as a “genius,” let alone a “super genius”; Trump claimed to have “heard I was first in my class” at Wharton, despite the fact that his name didn’t appear on the dean’s list there, or in the commencement program’s list of graduates receiving honors. And Trump, through an invented spokesman, even lied his way onto the Forbes 400.

(4) Requires excessive admiration? Last Thanksgiving, Trump was asked what he was most thankful for. His answer: himself, of course. A number of years ago, he made a video for Forbes in which he interviewed two of his children. The interview topic: how great they thought Donald Trump was. When his own father died, in 1999, Trump gave one of the eulogies. As Alan Marcus, a former Trump adviser, recounted the story to Timothy O’Brien, he began “more or less like this: ‘I was in my Trump Tower apartment reading about how I was having the greatest year in my career in The New York Times when the security desk called to say my brother Robert was coming upstairs’”—an introductory line that provoked “‘an audible gasp’ from mourners stunned by Trump’s self-regard.” According to a Rolling Stone article, other eulogists spoke about the deceased, but Trump “used the time to talk about his own accomplishments and to make it clear that, in his mind, his father’s best achievement was producing him, Donald.” The author of a book about the Trump family described the funeral as one that “wasn’t about Fred Trump,” but rather “was an opportunity to do some brand burnishing by Donald, for Donald. Throughout his remarks, the first-person singular pronouns—I and me and mine—far outnumbered he and his. Even at his own father’s funeral, Donald Trump couldn’t cede the limelight.”

And he still can’t. Here’s a man who holds rallies with no elections in sight, so that he can bask in his supporters’ cheers; even when elections are near, and he’s supposed to be helping other candidates, he consistently keeps the focus on himself. He loves to watch replays of himself at the rallies, and “luxuriates in the moments he believes are evidence of his brilliance.” In July, after his controversial, publicly funded, campaign-style Independence Day celebration, Trump tweeted, “Our Country is the envy of the World. Thank you, Mr. President!” In February 2017, Trump was given a private tour of the newly opened National Museum of African American History and Culture, and paused in front of an exhibit on the Dutch role in the slave trade. He turned to the museum’s director and said, “You know, they love me in the Netherlands.”(5) A sense of entitlement(9) Arrogant, haughty behaviors? Trump is the man who, on the infamous Access Hollywood tape, said, “When you’re a star, they let you do it. You can do anything you want”—including grabbing women by their genitals. He’s the man who also once said, “I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn’t lose any voters.”(8) Envious of others? Here’s a man so unable to stand the praise received by a respected war hero and statesman, Senator John McCain, that he has continued to attack McCain months after McCain’s death; his jealousy led White House staff to direct the Pentagon to keep a destroyer called the USS John S. McCain out of Trump’s line of sight during a presidential visit to an American naval base in Japan. And Trump, despite being president, still seems envious of President Barack Obama(6) Interpersonally exploitative? Just watch the Access Hollywood tape, or ask any of the hundreds of contractors and employees Trump the businessman allegedly stiffed, or speak with any of the two dozen women who have accused Trump of sexual misconduct, sexual assault, or rape. (Trump has denied all their claims.)
Finally, (7) Lacks empathy: is unwilling to recognize or identify with the feelings or needs of others? One of the most striking aspects of Trump’s personality is his utter and complete lack of empathy. By empathy, psychologists and psychiatrists mean the ability to understand or relate to what someone else is experiencing—the capacity to envision someone else’s feelings, perceptions, and thoughts.The notorious lawyer and fixer Roy Cohn, who once counseled Trump, said that “Donald pisses ice water,” and indeed, examples of Trump’s utter lack of normal human empathy abound. Trump himself has told the story of a charity ball—an “incredible ball”—he once held at Mar-a-Lago for the Red Cross. “So what happens is, this guy falls off right on his face, hits his head, and I thought he diedHis wife is screaming—she’s sitting right next to him, and she’s screaming.” By his own account, Trump’s concern wasn’t the poor man’s well-being or his wife’s. It was the bloody mess on his expensive floor. “You know, beautiful marble floor, didn’t look like it. It changed color. Became very red … I said, ‘Oh, my God, that’s disgusting,’ and I turned away. I couldn’t, you know, he was right in front of me and I turned away.” Trump describes himself as saying, after the injured man was hauled away on a makeshift stretcher, “‘Get that blood cleaned up! It’s disgusting!’ The next day, I forgot to call [the man] to say is he okay … It’s just not my thing.”
And then there was 9/11. Trump gave an extraordinary call-in interview to a metropolitan–New York television station just hours after the Twin Towers collapsed. He was asked whether one of his downtown buildings, 40 Wall Street, had suffered any damage. Trump’s immediate response was to brag about the building’s brand-new ranking among New York skyscrapers: “40 Wall Street actually was the second-tallest building in downtown Manhattan, and it was actually, before the World Trade Center, was the tallest—and then when they built the World Trade Center, it became known as the second-tallest. And now it’s the tallest.” (This wasn’t even true—a building a block away from Trump’s, 70 Pine Street, was a little taller.)That human empathy isn’t Trump’s thing has been demonstrated time and again during his presidency as well. In October 2017, he reportedly told the widow of a serviceman killed in action “something to the effect that ‘he knew what he was getting into when he signed up, but I guess it hurts anyway.’” (Trump later claimed that this account was “fabricated … Sad!” and that “I have proof,” but of course he never produced any.) On a less macabre note, on Christmas Eve last year, Trump took calls on NORAD’s Santa Tracker phone line, which children call to find out where Santa Claus is as he makes his rounds. Trump asked a 7-year-old girl from South Carolina: “Are you still a believer in Santa? Because at 7, it’s marginal, right?”
According to Woodward’s Fear, when Trump’s first chief of staff, Reince Priebus, resigned, he found out about his replacement when he saw a tweet from Trump saying that he had appointed John Kelly as the new chief of staff—moments after Priebus and Trump had spoken about waiting to announce the news. Kelly was appalled, and that night apologetically told Priebus, “I’d never do this to you. I’d never been offered this job until the tweet came out. I would have told you.” His predecessor, though, wasn’t surprised. “It made no sense, Priebus realized, unless you understood … ‘The president has zero psychological ability to recognize empathy or pity in any way.’”Priebus apparently isn’t the only White House staffer to have learned this; in February 2018, when Trump met with survivors of the Parkland, Florida, school shooting and their loved ones, his communications aide actually gave him a note card that made clear that “the president needed to be reminded to show compassion and understanding to traumatized survivors,” as The New York Times put it. The empathy cheat sheet contained a reminder to say such things as “I hear you.” One aide to President Obama told the Times that had she and her colleagues given their boss such a reminder card, “he would have looked at us like we were crazy people.”Most recently, in July of this year, in a stunning scene captured on video, Trump met in the Oval Office with the human-rights activist Nadia Murad, a Yazidi Iraqi who had been captured, raped, and tortured by the Islamic State, and had won the Nobel Peace Prize in 2018 for speaking out about the plight of the Yazidis and other victims of genocide and religious persecution. Her voice breaking, she implored the president of the United States to help her people return safely to Iraq. Trump could barely look her in the eye. She told him that ISIS had murdered her mother and six brothers. Trump, apparently not paying much attention, asked, “Where are they now?” “They killed them,” she said once again. “They are in the mass grave in Sinjar, and I’m still fighting just to live in safety.” Trump, who has publicly said that he deserves the Nobel Peace Prize, seemed interested in the conversation only at the end, when he asked Murad about why she won the prize.
Another equally unforgettable video documents Trump visiting Puerto Rico shortly after Hurricane Maria, tossing rolls of paper towels into a crowd of victims. He later responded vindictively to charges that his administration hadn’t done enough to help the island, prompting the mayor of San Juan to observe that Trump had “augmented” Puerto Rico’s “devastating human crisis … because he made it about himself, not about saving our lives,” and because “when expected to show empathy he showed disdain and lack of respect.”In October 2018, a gunman burst into Shabbat morning services at a Jewish synagogue in Pittsburgh and sprayed worshippers with semiautomatic-rifle and pistol fire. Eleven people died. Three days later, the president and first lady visited the community, and the day after that, the first thing Trump tweeted about the visit was this: “Melania and I were treated very nicely yesterday in Pittsburgh. The Office of the President was shown great respect on a very sad & solemn day. We were treated so warmly. Small protest was not seen by us, staged far away. The Fake News stories were just the opposite—Disgraceful!” Similarly, after gunmen killed dozens in the span of a single August weekend in Dayton, Ohio, and El Paso, Texas, Trump went on a one-day sympathy tour that was marked by attacks on his hosts and on political enemies, and an obsessive focus on himself.

Yet pathological narcissism is not the only personality disorder that Trump’s behavior clearly indicates. A second disorder also frequently ascribed to Trump by professionals is sociopathy—what the DSM-5calls antisocial personality disorder. As described by Lance Dodes, a former assistant clinical professor of psychiatry at Harvard Medical School, “sociopathy is among the most severe mental disturbances.” Central to sociopathy is a complete lack of empathy—along with “an absence of guilt.” Sociopaths engage in “intentional manipulation, and controlling or even sadistically harming others for personal power or gratification. People with sociopathic traits have a flaw in the basic nature of human beings … They are lacking an essential part of being human.” For its part, the DSM-5 states that the “essential feature of antisocial personality disorder is a pervasive pattern of disregard for, and violation of, the rights of others that begins in childhood or early adolescence and continues into adulthood.”

The question of whether Trump can serve as a national fiduciary turns more on his narcissistic tendencies than his sociopathic ones, but Trump’s sociopathic characteristics sufficiently intertwine with his narcissistic ones that they deserve mention here. These include, to quote the DSM-5, “deceitfulness, as indicated by repeated lying, use of aliases, or conning others.” Trump’s deceitfulness—his lying—has become the stuff of legend; journalists track his “false and misleading claims” as president by the thousands upon thousands. Aliases? For years, Trump would call journalists while posing as imaginary PR men, “John Barron” and “John Miller,” so that he could plant false stories about being wealthy, brilliant, and sexually accomplished. Trump was, and remains, a con artist: Think of Trump University, which even Trump’s own employees described as a scam (and which sparked a lawsuit that resulted in a $25 million settlement, although with no admission of wrongdoing). There’s ACN, an alleged Ponzi scheme Trump promoted, and from which he made millions (he, his company, and his family deny the allegations of fraud); and the border wall that hasn’t been built and that Mexico’s never going to pay for. Trump is a pathological liar if ever there was one.
Other criteria for antisocial personality disorder include
  • “failure to conform to social norms with respect to lawful behaviors, as indicated by repeatedly performing acts that are grounds for arrest”;
  • impulsivity or failure to plan ahead”; and
  • lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another.” Check, check, and check:

As for social norms and lawful behaviors, there are all the accusations of sexual misconduct. Also relevant is what the Mueller report says about Trump’s efforts to derail the Justice Department’s investigation into Russian interference in the last presidential election. And given what federal prosecutors in New York said about his role in directing hush money to be paid to the porn star Stormy Daniels, a strong case can be made that Trump has committed multiple acts of obstruction of justice and criminal violations of campaign-finance laws. Were he not president, and were it not for two Justice Department opinions holding that a sitting president cannot be indicted, he might well be facing criminal charges now.

As for impulsivity, that essentially describes what gets him into trouble most: It was his “impulsiveness—actually, total recklessness”—that came close to destroying him in the 1980s. In “response to his surging celebrity,” Trump, “acquisitive to the point of recklessness,” engaged in “a series of manic, ill-advised ventures” that “nearly did him in,” Politico reported. His impulsiveness has buffeted his presidency as well: Think of his first ordering, then calling off, the bombing of Iran in June, and his aborted meeting with the Taliban at Camp David just last month. And remember the racist tweets he sent in mid-July in which he told four nonwhite representatives—three of whom were born in the United States—to “go back” to the “countries” they “originally came from.” Those tweets were apparently triggered by something he saw on TV.

Or consider his impetuous, unvetted personnel decisions, such as his failed selection of Rear Admiral Ronny Jackson, the former White House physician, as Veterans Affairs secretary, and his choice of Representative John Ratcliffe as director of national intelligence. It was just so on The Apprentice, where editors and producers found that “Trump was frequently unprepared” for tapings, and frequently fired strong contestants “on a whim,” which required them “to ‘reverse engineer’ the episode, scouring hundreds of hours of footage … in an attempt to assemble an artificial version of history in which Trump’s shoot-from-the-hip decision made sense.” One editor remarked that he found “it strangely validating that they’re doing the same thing in the White House.” Trump sees none of this as a problem; to the contrary, he prides himself on following his instincts, once telling an interviewer: “I have a gut, and my gut tells me more sometimes than anybody’s brain can ever tell me.”

And lack of remorse? That’s a hallmark of sociopathy, and goes hand in hand with a lack of human conscience. In a narcissistic sociopath, it’s intertwined with a lack of empathy. Trump hardly ever shows remorse, or apologizes, for anything. The one exception: With his presidential candidacy on the line in early October 2016, Trump expressed regret for the Access Hollywood video. But within weeks, almost as soon as the campaign was over, Trump began claiming, to multiple people, that the video may have been doctored—a preposterous lie, especially since he had acknowledged that the voice was his, others had confirmed this as well, and there was no evidence of tampering. “We don’t think that was my voice,” he said to a senator. The “we,” no doubt, was a lie as well.

Again, as with his narcissism, all this evidence of Trump’s sociopathy only begins to tell the tale. The bottom line is that this is a man who, over and over and over again, has indifferently mused about the possibility of killing 10 million or so people in Afghanistan to end the war there, while allowing that “I’m not looking to kill 10 million people”—as though this were a realistic but merely less preferred option than, say, raising import tariffs on chewing gum. As a 1997 profile of Trump in The New Yorker put it, Trump has “an existence unmolested by the rumbling of a soul.”

In a way, Trump’s sociopathic tendencies are simply an extension of his extreme narcissism. Take the pathological lying. Extreme narcissists aren’t necessarily pathological liars, but they can be, and when they are, the lying supports the narcissism. As Lance Dodes has put it, “People like Donald Trump who have severe narcissistic disturbances can’t tolerate being criticized, so the more they are challenged in this essential way, the more out of control they become.” In particular, “They change reality to suit themselves in their own mind.” Although Trump “lies because of his sociopathic tendencies,” telling falsehoods to fool others, Dodes argues, he also lies to himself, to protect himself from narcissistic injury. And so Donald Trump has lied about

  1.  his net worth,
  2. the size of the crowd at his inauguration, and
  3. supposed voter fraud in the 2016 election.

The latter kind of lying, Dodes says, “is in a way more serious,” because it can indicate “a loose grip on reality”—and it may well tell us where Trump is headed in the face of impeachment hearings. Lying to prevent narcissistic injury can metastasize to a more significant loss of touch with reality. As Craig Malkin puts it, when pathological narcissists “can’t let go of their need to be admired or recognized, they have to bend or invent a reality in which they remain special,” and they “can lose touch with reality in subtle ways that become extremely dangerous over time.” They can become “dangerously psychotic,” and “it’s just not always obvious until it’s too late.”

Experts haven’t suggested that Trump is psychotic, but many have contended that his narcissism and sociopathy are so inordinate that he fits the bill for “malignant narcissism.” Malignant narcissism isn’t recognized as an official diagnosis; it’s a descriptive term coined by the psychoanalyst Erich Fromm, and expanded upon by another psychoanalyst, Otto Kernberg, to refer to an extreme mix of narcissism and sociopathy, with a degree of paranoia and sadism mixed in. One psychoanalyst explains that “the malignant narcissist is pathologically grandiose, lacking in conscience and behavioural regulation with characteristic demonstrations of joyful cruelty and sadism.” In the view of some in the mental-health community, such as John Gartner, Trump “exhibits all four” components of malignant narcissism: “narcissism, paranoia, antisocial personality and sadism.”

Mental-health professionals have raised a variety of other concerns about Trump’s mental state; the last worth specifically mentioning here is the possibility that, apart from any personality disorder, he may be suffering cognitive decline. This is a serious matter: Trump seems to be continually slurring words, and recently misread teleprompters to say that the Continental Army secured airports during the American Revolutionary War, and to say that the shooting in Dayton had occurred in Toledo. His overall level of articulateness today doesn’t come close to what he exhibits in decades-old television clips. But that could be caused by ordinary age-related decline, stress, or other factors; to know whether something else is going on, according to experts, would require a full neuropsychological work-up, of the kind that Trump hasn’t yet had and, one supposes, isn’t about to agree to.

But even that doesn’t exhaust all the mental-health issues possibly indicated by Trump’s behavior. His “mental state,” according to Justin A. Frank, a former clinical professor of psychiatry and physician who wrote a book about Trump’s psychology, “include[s] so many psychic afflictions” that a “working knowledge of psychiatric disorders is essential to understanding Trump.” Indeed, as Gartner puts it: “There are a lot of things wrong with him—and, together, they are a scary witch’s brew.”

This is a lot to digest. It would take entire books to catalog all of Trump’s behavioral abnormalities and try to explain them—some of which have already been written. But when you line up what the Framers expected of a president with all that we know about Donald Trump, his unfitness becomes obvious. The question is whether he can possibly act as a public fiduciary for the nation’s highest public trust. To borrow from the Harvard Law Review article, can he follow the “proscriptions against profit, bad faith, and self-dealing,” manifest “a strong concern about avoiding ultra vires action” (that is, action exceeding the president’s legal authority), and maintain “a duty of diligence and carefulness”? Given that Trump displays the extreme behavioral characteristics of a pathological narcissist, a sociopath, or a malignant narcissist—take your pick—it’s clear that he can’t.

To act as a fiduciary requires you to put someone else’s interests above your own, and Trump’s personality makes it impossible for him to do that. No president before him, at least in recent memory, has ever displayed such obsessive self-regard. For Trump, Trump always comes first. He places his interests over everyone else’s—including those of the nation whose laws he swore to faithfully execute. That’s not consistent with the duties of the president, whether considered from the standpoint of constitutional law or psychology.

Indeed, Trump’s view of his presidential powers can only be described as profoundly narcissistic, and his narcissism has compelled him to disregard the Framers’ vision of his constitutional duties in every respect. Bad faith? Trump has repeatedly used executive powers, threatened to use executive powers, or expressed the view that executive powers should be used to advance his personal interests and punish his political opponents. Thus, for example, he has

And now, in just the past two weeks, we’ve seen the pièce de résistance of bad faith, the one that’s brought Trump to the verge of impeachment: Trump’s efforts to use his presidential authority to strong-arm a foreign nation, Ukraine, into digging up or concocting evidence in support of a preposterous conspiracy theory about one of his principal challengers for the presidency, former Vice President Joe Biden. As one political historian has put it, Trump’s use of his Article II authority to pursue vendettas is “both a sign of deep insecurity … and also just a litany of abuse of power,” and something no president has done “as consistently or as viciously as Trump has.”

ProfitSelf-dealing? Look at the way Trump is using the presidency to advertise his real-estate holdings—most notably and recently, his apparent determination to hold the next G7 summit at the Trump Doral resort in Florida. Ultra vires? Trump has made the outrageous claim that the Constitution gives him “the right to do whatever I want as president.” Consistent with that view, he has repeatedlysuggested that, by executive order, he can overturn the Fourteenth Amendment’s guarantee of birthright citizenship—an utterly lawless assertion. His core constitutional obligations flow from Article II’s command that he faithfully execute the laws, yet he has told subordinates not to worry about violating the laws. According to one former senior administration official quoted in The New York Times, Trump’s “constant instinct all the time was: Just do it, and if we get sued, we get sued … Almost as if the first step is a lawsuit. I guess he thinks that because that’s how business worked for him in the private sector. But federal law is different, and there really isn’t a settling step when you break federal law.” Federal law is also different, one might add, because he’s in charge of upholding it.

Facing the approach of the 2020 election with not a single new mile of his border wall having been built, Trump, as reported in The Washington Post, has urged his aides to violate all manner of laws to expedite construction—environmental laws, contracting laws, constitutional limitations on the taking of private property—and “has told worried subordinates that he will pardon them of any potential wrongdoing” they commit along the way.

A duty of diligence and carefulness? Trump is purely impulsive, and incapable of planning or serious forethought, and his compulsion for lying has enervated any capacity for thoughtful analysis he may have ever had. He apparently won’t read anything; he himself has said, in regard to briefings, that he prefers to read “as little as possible”—despite occupying what David A. Graham calls “one of the most demanding jobs in the world” precisely because its “holder is expected to consume, digest, and absorb prodigious amounts of information via reading.”

And then there’s the question of honesty. Fiduciaries must be honest. The Framers understood, based upon the law of public officeholding in their time, that “faithful execution” of the laws requires “the absence of bad faith through honesty.” In the private realm, fiduciaries owe a duty of candor, of truth-telling; the standard of behavior was once memorably described by the renowned jurist Benjamin Cardozo as “not honesty alone, but the punctilio of an honor the most sensitive.” Today, in my own practice area of corporate litigation, corporate officers and directors, as fiduciaries, owe duties that include a duty to disclose material information truthfully and completely. Trump, whose lawyers wouldn’t dare allow him to speak to the special counsel lest he make a prosecutable false statement, couldn’t pass this standard to save his life.

Trump’s incapacity affects all manner of subjects addressed by the presidency, but can be seen most acutely in foreign affairs and national security. Presidential narcissism and personal ego have frequently displaced the national interest. Today, the most obvious—and stunning—example is his conduct toward Ukraine: While trying to pressure the Ukrainian president to restart an investigation against Biden, Trump ordered the withholding of vital military aid to that country, thus weakening its ability to withstand Russian aggression and undermining the interests of the United States. But the list goes on: Last summer, in a narcissistic effort at self-aggrandizement, Trump told the Pakistani prime minister about a conversation he had with the Indian prime minister—leading India to deny, indignantly, that any such conversation had ever taken place. Trump reportedly even lied about trade talks with China—announcing that phone calls had occurred that never occurred and that the Chinese denied took placein an apparent attempt to pump up the stock market and take credit for it.

Trump’s penchant for vendettas also doesn’t stop at the water’s edge—American interests be damned. When confidential cables sent by the United Kingdom’s ambassador to his government were leaked, and were revealed to contain uncomplimentary (but obvious) observations about Trump’s ineptitude and emotional insecurity, and the dysfunction of his administration, Trump went on an extended Twitter tirade against the ambassador, calling him “wacky” and “a very stupid guy,” “a pompous fool,” and ultimately declared: “We will no longer deal with him.” When reports surfaced that Trump was interested in having the United States purchase Greenland from Denmark, and the Danish prime minister understandably described talk about such a purchase as “an absurd discussion” in light of Greenland’s position on the matter, Trump canceled a visit to Denmark, and then attacked the prime minister, calling her comments “nasty”; for good measure, he also attacked some of America’s NATO allies.

At the same time, Trump happily succumbs to flattery from America’s enemies; he received “beautiful … great letters” from North Korea’s dictator, Kim Jong Un, and therefore “fell in love” with him, and rewards him with kind words and meetings even as North Korea continues to develop new nuclear weapons and delivery systems. Of Russia’s president, Vladimir Putin, Trump once said on television: “If he says great things about me, I’m going to say great things about him.”

Putin, of course, did more than say great things about Trump, which brings up what was, until the Ukraine scandal surfaced, the most significant way in which Trump’s extraordinary narcissism influenced his presidency—the Russia investigation. Trump made that investigation about himself, and in the course of doing so, committed what appear to be unmistakably criminal acts. At the outset, the Mueller investigation wasn’t about what Donald Trump had done during the 2016 U.S. presidential campaign. It was primarily an investigation about what the Russians had done to interfere with that election and to help the Trump campaign. At its core, it was a counterintelligence investigation—an effort to protect the country, to defend our democracy. An effort to find out exactly what a hostile foreign power had done to attack the United States, so that our nation could fight back, and so that it could take measures to ensure that such an attack never happened again.

But Trump didn’t see it that way. The Mueller report repeatedly describes Trump’s self-obsession, and his disregard for the national interest. Trump viewed “the intelligence community assessment of Russian interference as a threat to the legitimacy of his electoral victory.” He is said to have “viewed the Russia investigation as an attack on the legitimacy of his win.” He thought it would “tak[e] away from what he had accomplished.” The Washington Post has now reported, moreover, that in the Oval Office in May 2017, Trump told the Russian foreign minister and ambassador that he was unconcerned with Russia’s interference in the 2016 election.

And so, contrary to his obligation to act in the nation’s interests rather than his own, and contrary to the criminal code, he repeatedly tried to obstruct the investigation—and therefore, ironically, put himself in the crosshairs of the investigation. Thanks to Trump’s narcissism, the special counsel was forced to devote an entire volume of his report—some 182 pages of single-spaced text—to Trump’s repeated and persistent efforts to derail the investigation. And persistent, Trump was. He tried to get Attorney General Jeff Sessions, who had recused himself from the investigation, to violate ethics rules and unrecuse himself, so that he could get rid of the special counsel and limit the investigation to future election interference only. Trump tried to get his White House counsel to have the acting attorney general remove Mueller on a ridiculous pretext, prompting the counsel to threaten to resign. Trump tried to encourage witnesses to refuse to cooperate with the very government that Trump himself heads. As I’ve argued elsewhere, in his efforts to derail the Mueller investigation, Trump “did much more than this, but all of this is more than enough: He committed the crime of obstructing justice—multiple times.” Trump even obstructed justice about obstructing justice when he tried to get the White House counsel to write a false account of Trump’s efforts to remove Mueller.

All in all, Trump sought to impede and end a significant counterintelligence and criminal investigation—one of crucial importance to the nation—and did so for his own personal reasons. He did precisely the opposite of what his duties require. Indeed, he has shown utter contempt for his duties to the nation. How else could one describe the attitude Trump expressed when, sitting next to Vladimir Putin in late June, he was asked whether he would tell Putin not to interfere in the 2020 U.S. presidential election? Trump smirked, wagged his finger playfully at Putin, and said, “Don’t meddle in the election.” Putin smirked too. The Russian president was in on the joke—the punch line being how Trump treats America’s interests versus his own.

What constitutional mechanisms exist for dealing with a president who cannot or does not comply with his duties, and how should they take the president’s mental and behavioral characteristics into account? One mechanism discussed with great frequency during the past three years, including within the Trump administration, is Section 4 of the Twenty-Fifth Amendment. That provision allows the vice president to become “Acting President” when the president is “unable to discharge the powers and duties of his office.” But it doesn’t define what such an inability entails; essentially, it lets the vice president and the Cabinet, the president himself, and ultimately two-thirds of both houses of Congress decide.

Certainly it would cover a coma. Had the amendment been in effect in 1919 through 1921, it presumably could have been used to deal with President Woodrow Wilson. A severe stroke had rendered Wilson paralyzed on the left side, but he could still speak, and he could still sign documents with his right hand. Nevertheless, although Wilson had “relatively well preserved intellectual function,” the stroke rendered him “subject to ‘disorders of emotion, impaired impulse control, and defective judgment.’”

Sound judgment, of course, is what a president’s job is all about. And as Jeffrey Rosen has explained, “nothing in the text or original understanding of the amendment” would prevent the vice president, the Cabinet, or Congress from deciding that Trump has disorders of emotion, impaired impulse control, defective judgment, or other behavioral or psychological issues that keep him from carrying out his constitutional duties the way they were meant to be carried out.

The problem is one of mechanics. Section 4, quite understandably, was designed to be extremely difficult to implement. The vice president and a majority of the Cabinet can determine that the president isn’t able to carry out his duties; if so, the vice president immediately becomes acting president. But if the president doesn’t agree—and you know what Trump’s view will be, no matter what—then a constitutional game of ping-pong starts: The president can certify that he is capable, and he can reassume his authority after a four-day waiting period, unless the vice president and the Cabinet, within that period, recertify that the president can’t function. (As a new book on Section 4 explains, this waiting period exists in part because “a deranged President could do a lot of damage if he could retake power immediately,” and, in particular, he “would also be able to fire the Cabinet, which would prevent it from contesting his declaration of ability.”) If that happens, the vice president continues as acting president, and the whole matter gets kicked to Congress, which must assemble within 48 hours and decide within 21 days: If two-thirds of both houses agree that the president can’t function, then the vice president continues as acting president; if not, the president gets his authority back.

No matter how psychologically incapable of meeting his constitutional obligations Trump may be, that route is virtually certain not to work in this case. Would a vice president and department heads who have shamelessly slaked Trump’s narcissistic thirst at Cabinet meetings by praising his supposed greatness, and who of course owe their jobs to Trump, dare incur his wrath by sparking a constitutional crisis on the basis of what they must surely know about his unprecedented faults? Doubtful, to say the least. They would know full well that, if their decision weren’t sustained by Congress, the first thing that Trump would do after reassuming power would be to fire every department head who sought to have him sidelined. (He can’t fire Vice President Mike Pence, of course.) Which brings up the ultimate question upon which successful invocation of Section 4 would turn: whether two-thirds of both houses of Congress would vote to remove Trump. That’s harder than impeachment, which requires only a simple majority of the House in order to bring charges of impeachment to a trial in the Senate (which in turn can convict on a two-thirds vote).

And so it turns out that impeachment is a more practical mechanism for addressing the fact that Trump’s narcissism and sociopathy render him unable to comply with the obligations of his office. It’s also an appropriate mechanism, because the constitutional magic words (other than Treason and Bribery) that form the basis of an impeachment charge—high Crimes and Misdemeanors, found in Article II, Section 4 of the Constitution—mean something other than, and more than, offenses in the criminal-statute books. High Crimes and Misdemeanors is a legal term of art, one that historically referred to breaches of duties—fiduciary duties—by public officeholders. In other words, the question of what constitutes an impeachable offense for a president coincides precisely with whether the president can execute his office in the faithful manner that the Constitution requires.

The phrase high Crimes and Misdemeanors was dropped into the draft Constitution on September 8, 1787, during the waning days of the Constitutional Convention. The discussion before the Convention’s Committee of Eleven was extremely brief. The extant version of what became Article II, Section 4 provided for impeachment merely for treason and bribery. George Mason objected, and proposed adding “maladministration.” Elbridge Gerry seconded Mason’s proposal, but James Madison objected that it was too vague. Gouverneur Morris chimed in, arguing that having a presidential election “every four years will prevent maladministration.” Mason moved to add, according to Madison’s notes, “other high crimes & misdemeanors (against the State).” The motion passed, eight to three. And so, as a result of that brief exchange, Article II of the Constitution of the United States provides that “the President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

As Yoni Appelbaum has observed in this magazine, “constitutional lawyers have been arguing about what counts as a ‘high crime’ or ‘misdemeanor’ ever since.” One of the most compelling arguments about the meaning of those words is that the Framers, in Article II’s command that a president faithfully execute his office, imposed upon him fiduciary obligations. As the constitutional historian Robert Natelson explained in the Federalist Society Review, the “founding generation [understood] ‘high … Misdemeanors’ to mean ‘breach of fiduciary duty.’” Eighteenth-century lawyers instead used terms such as breach of trust—which describes the same thing. “Parliamentary articles of impeachment explicitly and repetitively described the accused conduct as a breach of trust,” Natelson argues, and 18th-century British legal commentators explained how impeachment for “high Crimes and Misdemeanors” was warranted for all sorts of noncriminal violations that were, in essence, fiduciary breaches.

Just as the Framers viewed the presidency as fiduciary, they understood the offenses that might disqualify the incumbent as breaches of that fiduciary duty. And that may well be why the discussion of Morris’s suggestion was so brief—the drafters knew what the words historically meant, because, as a House Judiciary Committee report noted in 1974, “at the time of the Constitutional Convention the phrase ‘high Crimes and Misdemeanors’ had been in use for over 400 years in impeachment proceedings in Parliament.” Certainly Alexander Hamilton knew by the time he penned “Federalist No. 65,” in which he explained that impeachment was for “those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust.”

What constitutes such an abuse or violation of trust is up to Congress to decide: First the House decides to bring impeachment charges, and then the Senate decides whether to convict on those charges. The process of impeachment by the House and removal by trial in the Senate is thus, in some ways, akin to indictment by a grand jury and trial by a petit jury. In other ways, it is quite different. As Laurence Tribe and Joshua Matz explain in their recent book on impeachment, “the Constitution explicitly states that Congress may not end a presidency unless the president has committed an impeachable offense. But nowhere does the Constitution state or otherwise imply that Congress must remove a president whenever that standard is met … In other words, it allows Congress to exercise judgment.” As Tribe and Matz argue, that judgment presents a “heavy burden,” and demands that Congress be “context-sensitive,” and achieve “an understanding of all relevant facts.” A president might breach his trust to the nation once in some small, inconsequential way and never repeat the misbehavior, and Congress could reasonably decide that the game is not worth the candle.

So the congressional judgment in the impeachment process necessarily includes the number and seriousness of offenses, and even extends well beyond those calculations. Congress must also, in particular, weigh the chances of recidivism; that possibility is precisely why the Constitution provides for removal as the principal sanction upon conviction on impeachment charges. As Charles Black Jr. explained in his classic 1974 book on impeachment, “We remove him principally because we fear he will do it again.” Or as George Mason put it during the Constitutional Convention, “Shall the man who has practised corruption … be suffered to escape punishment, by repeating his guilt?

In short, now that the House of Representatives has embarked on an impeachment inquiry, one of the most important judgments it must make is whether any identified breaches of duty are likely to be repeated. And if a Senate trial comes to pass, that issue would become central as well to the decision to remove the president from office. That’s when Trump’s behavioral and psychological characteristics should—must—come into play. From the evidence, it appears that he simply can’t stop himself from putting his own interests above the nation’s. Any serious impeachment proceedings should consider not only the evidence and the substance of all impeachable offenses, but also the psychological factors that may be relevant to the motivations underlying those offenses. Congress should make extensive use of experts—psychologists and psychiatrists.

  • Is Trump so narcissistic that he can’t help but use his office for his own personal ends?
  • Is he so sociopathic that he can’t be trusted to follow, let alone faithfully execute, the law?

Congress should consider all this because that’s what the question of impeachment demands. But there’s another reason as well. The people have a right to know, and a need to see. Many people have watched all of Trump’s behavior, and they’ve drawn the obvious conclusion. They know something’s wrong, just as football fans knew that the downed quarterback had shattered his leg. Others have changed the channel, or looked away, or chosen to deny what they’ve seen. But if Congress does its job and presents the evidence, those who are in denial won’t be able to ignore the problem any longer. Not only because of the evidence itself, but because Donald Trump will respond in pathological ways—and in doing so, he’ll prove the points against him in ways almost no one will be able to ignore.

Trump Almost Always Folds

From trade deals to gun control and immigration to military deployments, the president has a consistent pattern: Talk a big game, then back down.

President Trump’s May 8 announcement that he was withdrawing from the Iran nuclear deal should not have come as a surprise. He’d spent years railing against the plan—“the worst deal ever,” he dubbed it—and had promised to rip it up. And yet up to the moment when the president made the final call, there was still some suspense about what he would say.

How to Talk So Trump Will Listen: A GOP Guide for Pelosi

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.”

Paul’s strategy was partially to ingratiate himself with the man he once, in the primary season, called an “orange-faced windbag.” Trump and Paul have played golf together, a favorite pastime for the president and a way other former antagonists have overcome bad blood.

.. in recent months, Paul has ramped up his public praise for Trump and joined the chorus of Republican criticism for the president’s treatment in the press. Trump has returned the favor with praiseworthy tweets. Paul had raised concerns about two of Trump’s high profile nominations in 2018, for their defenses of the government’s data surveillance apparatus. But he dropped his public skepticism of Brett Kavanaugh and, earlier in the year, did an about-face on his opposition to Mike Pompeo.

Stafford gives credit for Paul’s success to the senator’s constant prodding of the president to be true to himself and his base. “It’s not just Rand’s voice. People who voted for Donald Trump don’t want to still be there either,” Stafford says. “He ran on it, he was loud and clear on it, and he believes it.”

Like opposition to military interventionism in the Middle East, an increase in infrastructure spending is one of the few major Trump campaign pledges that aligns him more with Democrats than his fellow Republicans. Trump’s failure to embrace a major infrastructure bill in favor of the divisive travel ban at the outset of his presidency may have doomed his ability to work across the aisle on the issue. Yet Pelosi could get more than enough of her caucus to embrace some form of new infrastructure spending by reminding the president of his 2016 promise to invest more federal dollars in roads and bridges. If she persists in nudging Trump to fulfill his pledge, Pelosi could deliver a longtime Democratic wish list item.

Stay Outside the Room Where It Happens

Before he was the White House national security adviser being overruled by the president on Syria, John Bolton was arguably more influential with Trump as a private citizen—albeit one with the right platforms to reach him. A fixture on Fox News for the first year of the Trump presidency, Bolton used his cable perch and the host of outlets that would publish him to make an argument directly to Trump: Get out of the Iran nuclear deal.

Trump, who had run hard against what was officially called the Joint Comprehensive Plan of Action, had been persuaded to recertify the deal in early 2017 until the new administration could get off the ground. His national security team, particularly Mattis and Rex Tillerson, were insisting Trump recertify at the next deadline, in July. Trump was resistant but acquiesced to the pleas of his team to allow them to finish crafting a new interagency strategy on Iran. On July 13, my colleague Stephen F. Hayes and I reported in The Weekly Standard that Trump would recertify the deal a second time.

But four days later, on the day of the deadline, an article by Bolton in the Hill made its way to Trump via Iran-deal opponent and White House aide Steve Bannon. The headline read: “Trump Must Withdraw from the Iran Nuclear Deal—Now.” In his op-ed, Bolton argued that Trump “should stop reviewing and start deciding” how to exit the deal. For several hours that day, according to reporting by Hayes and me, Trump reversed his decision to recertify the deal. The White House team scrambled to roll out a brand-new policy. In one meeting that day with his national security team, Trump called up Senator Tom Cotton and placed him on speakerphone as Cotton made the case against recertification.

In a final meeting in the late afternoon, Tillerson and national security adviser H.R. McMaster prevailed on Trump to follow through on the plan to recertify, at least once more. Trump eventually assented, but not before vowing it would be the last time he would do so. It was: Trump did not recertify in October 2017 and, in May 2018, pulled the United States out of the agreement. Bolton and Cotton, working from the outside, won.

This may be the most difficult tactic for Pelosi, who so far has been unable to demonstrate she has Trump’s trust or respect—something the outside voices have always been able to draw on. She’s not

  • one of Trump’s old business friends in New York,
  • a consistent defender in the conservative media,
  • or a former campaign or White House aide.

The best way for Pelosi to persuade Trump from the outside is to do perhaps the unthinkable for a liberal Democrat from San Francisco: Go on Fox News. A lot. Pelosi or her deputies won’t be the obvious choices for the booking producers at Fox & Friends and Hannity, but House Democrats would be wise to take every opportunity to speak directly to Trump on his favorite cable network. A few solid appearances on Fox News Sunday, for instance, would help Pelosi immensely.

Pelosi herself already seems to recognize the necessity of making a public case, most obviously on television, for compromise with Trump. “You know how I talk to him?” she told Draper. “I just say it in public. That’s what he hears: what people say in public.” A Democrat in Trump’s Washington could do worse.

Socratic Dialogue: Rhetoric as Flattery

In my opinion then, Gorgias, the whole of which rhetoric is a part is not an art at all, but the habit of a bold and ready wit, which knows how to manage mankind: this habit I sum up under the word ‘flattery’;

and it appears to me to have many other parts, one of which is cookery, which may seem to be an art, but, as I maintain, is only an experience or routine and not an art:—another part is rhetoric, and the art of attiring and sophistry are two others: thus there are four branches, and four different things answering to them. And Polus may ask, if he likes, for he has not as yet been informed, what part of flattery is rhetoric: he did not see that I had not yet answered him when he proceeded to ask a further question: Whether I do not think rhetoric a fine thing? But I shall not tell him whether rhetoric is a fine thing or not, until I have first answered, ‘What is rhetoric?’ For that would not be right, Polus; but I shall be happy to answer, if you will ask me, What part of flattery is rhetoric?

POLUS: I will ask and do you answer? What part of flattery is rhetoric?

SOCRATES: Will you understand my answer? Rhetoric, according to my view, is the ghost or counterfeit of a part of politics.

 

..  We may assume the existence of bodies and of souls?

GORGIAS: Of course.

SOCRATES: You would further admit that there is a good condition of either of them?

GORGIAS: Yes.

SOCRATES: Which condition may not be really good, but good only in appearance? I mean to say, that there are many persons who appear to be in good health, and whom only a physician or trainer will discern at first sight not to be in good health.

GORGIAS: True.

SOCRATES: And this applies not only to the body, but also to the soul: in either there may be that which gives the appearance of health and not the reality?

 

.. flattery knowing, or rather guessing their natures, has distributed herself into four shams or simulations of them; she puts on the likeness of some one or other of them, and pretends to be that which she simulates, and having no regard for men’s highest interests, is ever making pleasure the bait of the unwary, and deceiving them into the belief that she is of the highest value to them.

 

.. For if the body presided over itself, and were not under the guidance of the soul, and the soul did not discern and discriminate between cookery and medicine, but the body was made the judge of them, and the rule of judgment was the bodily delight which was given by them, then the word of Anaxagoras, that word with which you, friend Polus, are so well acquainted, would prevail far and wide: ‘Chaos’ would come again, and cookery, health, and medicine would mingle in an indiscriminate mass.

 

.. SOCRATES: Then the art of money-making frees a man from poverty; medicine from disease; and justice from intemperance and injustice?

POLUS: That is evident.

SOCRATES: Which, then, is the best of these three?

POLUS: Will you enumerate them?

SOCRATES: Money-making, medicine, and justice.

POLUS: Justice, Socrates, far excels the two others.

SOCRATES: And justice, if the best, gives the greatest pleasure or advantage or both?

POLUS: Yes.

SOCRATES: But is the being healed a pleasant thing, and are those who are being healed pleased?

POLUS: I think not.

SOCRATES: A useful thing, then?

POLUS: Yes.

SOCRATES: Yes, because the patient is delivered from a great evil; and this is the advantage of enduring the pain—that you get well?

POLUS: Certainly.

SOCRATES: And would he be the happier man in his bodily condition, who is healed, or who never was out of health?

POLUS: Clearly he who was never out of health.

SOCRATES: Yes; for happiness surely does not consist in being delivered from evils, but in never having had them.

POLUS: True.

SOCRATES: And suppose the case of two persons who have some evil in their bodies, and that one of them is healed and delivered from evil, and another is not healed, but retains the evil—which of them is the most miserable?

POLUS: Clearly he who is not healed.

 

.. SOCRATES: May not their way of proceeding, my friend, be compared to the conduct of a person who is afflicted with the worst of diseases and yet contrives not to pay the penalty to the physician for his sins against his constitution, and will not be cured, because, like a child, he is afraid of the pain of being burned or cut:—Is not that a parallel case?

POLUS: Yes, truly.

SOCRATES: He would seem as if he did not know the nature of health and bodily vigour; and if we are right, Polus, in our previous conclusions, they are in a like case who strive to evade justice, which they see to be painful, but are blind to the advantage which ensues from it, not knowing how far more miserable a companion a diseased soul is than a diseased body; a soul, I say, which is corrupt and unrighteous and unholy. And hence they do all that they can to avoid punishment and to avoid being released from the greatest of evils; they provide themselves with money and friends, and cultivate to the utmost their powers of persuasion. But if we, Polus, are right, do you see what follows, or shall we draw out the consequences in form?

 

.. SOCRATES: And if he, or any one about whom he cares, does wrong, he ought of his own accord to go where he will be immediately punished; he will run to the judge, as he would to the physician, in order that the disease of injustice may not be rendered chronic and become the incurable cancer of the soul; must we not allow this consequence, Polus, if our former admissions are to stand:—is any other inference consistent with them?

 

.. SOCRATES: And from the opposite point of view, if indeed it be our duty to harm another, whether an enemy or not—I except the case of self-defence—then I have to be upon my guard—but if my enemy injures a third person, then in every sort of way, by word as well as deed, I should try to prevent his being punished, or appearing before the judge; and if he appears, I should contrive that he should escape, and not suffer punishment: if he has stolen a sum of money, let him keep what he has stolen and spend it on him and his, regardless of religion and justice; and if he have done things worthy of death, let him not die, but rather be immortal in his wickedness; or, if this is not possible, let him at any rate be allowed to live as long as he can. For such purposes, Polus, rhetoric may be useful, but is of small if of any use to him who is not intending to commit injustice; at least, there was no such use discovered by us in the previous discussion.

 

CALLICLES: O Socrates, you are a regular declaimer, and seem to be running riot in the argument. And now you are declaiming in this way because Polus has fallen into the same error himself of which he accused GORGIAS:—for he said that when Gorgias was asked by you, whether, if some one came to him who wanted to learn rhetoric, and did not know justice, he would teach him justice, Gorgias in his modesty replied that he would, because he thought that mankind in general would be displeased if he answered ‘No’; and then in consequence of this admission, Gorgias was compelled to contradict himself, that being just the sort of thing in which you delight. Whereupon Polus laughed at you deservedly, as I think; but now he has himself fallen into the same trap. I cannot say very much for his wit when he conceded to you that to do is more dishonourable than to suffer injustice, for this was the admission which led to his being entangled by you; and because he was too modest to say what he thought, he had his mouth stopped. For the truth is, Socrates, that you, who pretend to be engaged in the pursuit of truth, are appealing now to the popular and vulgar notions of right, which are not natural, but only conventional. Convention and nature are generally at variance with one another: and hence, if a person is too modest to say what he thinks, he is compelled to contradict himself; and you, in your ingenuity perceiving the advantage to be thereby gained, slyly ask of him who is arguing conventionally a question which is to be determined by the rule of nature; and if he is talking of the rule of nature, you slip away to custom: as, for instance, you did in this very discussion about doing and suffering injustice. When Polus was speaking of the conventionally dishonourable, you assailed him from the point of view of nature; for by the rule of nature, to suffer injustice is the greater disgrace because the greater evil; but conventionally, to do evil is the more disgraceful.

 

.. For the suffering of injustice is not the part of a man, but of a slave, who indeed had better die than live; since when he is wronged and trampled upon, he is unable to help himself, or any other about whom he cares. The reason, as I conceive, is that the makers of laws are the majority who are weak; and they make laws and distribute praises and censures with a view to themselves and to their own interests; and they terrify the stronger sort of men, and those who are able to get the better of them, in order that they may not get the better of them; and they say, that dishonesty is shameful and unjust; meaning, by the word injustice, the desire of a man to have more than his neighbours; for knowing their own inferiority, I suspect that they are too glad of equality. And therefore the endeavour to have more than the many, is conventionally said to be shameful and unjust, and is called injustice (compare Republic), whereas nature herself intimates that it is just for the better to have more than the worse, the more powerful than the weaker; and in many ways she shows, among men as well as among animals, and indeed among whole cities and races, that justice consists in the superior ruling over and having more than the inferior.

.. but these are the men who act according to nature; yes, by Heaven, and according to the law of nature: not, perhaps, according to that artificial law, which we invent and impose upon our fellows, of whom we take the best and strongest from their youth upwards, and tame them like young lions,—charming them with the sound of the voice, and saying to them, that with equality they must be content, and that the equal is the honourable and the just. But if there were a man who had sufficient force, he would shake off and break through, and escape from all this; he would trample under foot all our formulas and spells and charms, and all our laws which are against nature: the slave would rise in rebellion and be lord over us, and the light of natural justice would shine forth. And this I take to be the sentiment of Pindar, when he says in his poem, that ‘Law is the king of all, of mortals as well as of immortals;’ this, as he says, ‘Makes might to be right, doing violence with highest hand; as I infer from the deeds of Heracles, for without buying them—’ (Fragm. Incert. 151 (Bockh).) —I do not remember the exact words, but the meaning is, that without buying them, and without their being given to him, he carried off the oxen of Geryon, according to the law of natural right, and that the oxen and other possessions of the weaker and inferior properly belong to the stronger and superior. And this is true, as you may ascertain, if you will leave philosophy and go on to higher things: for philosophy, Socrates, if pursued in moderation and at the proper age, is an elegant accomplishment, but too much philosophy is the ruin of human life. Even if a man has good parts, still, if he carries philosophy into later life, he is necessarily ignorant of all those things which a gentleman and a person of honour ought to know; he is inexperienced in the laws of the State, and in the language which ought to be used in the dealings of man with man, whether private or public, and utterly ignorant of the pleasures and desires of mankind and of human character in general. And people of this sort, when they betake themselves to politics or business, are as ridiculous as I imagine the politicians to be, when they make their appearance in the arena of philosophy.

.. Philosophy, as a part of education, is an excellent thing, and there is no disgrace to a man while he is young in pursuing such a study; but when he is more advanced in years, the thing becomes ridiculous, and I feel towards philosophers as I do towards those who lisp and imitate children. For I love to see a little child, who is not of an age to speak plainly, lisping at his play; there is an appearance of grace and freedom in his utterance, which is natural to his childish years. But when I hear some small creature carefully articulating its words, I am offended; the sound is disagreeable, and has to my ears the twang of slavery. So when I hear a man lisping, or see him playing like a child, his behaviour appears to me ridiculous and unmanly and worthy of stripes. And I have the same feeling about students of philosophy; when I see a youth thus engaged,—the study appears to me to be in character, and becoming a man of liberal education, and him who neglects philosophy I regard as an inferior man, who will never aspire to anything great or noble. But if I see him continuing the study in later life, and not leaving off, I should like to beat him, Socrates; for, as I was saying, such a one, even though he have good natural parts, becomes effeminate.

.. Now I, Socrates, am very well inclined towards you, and my feeling may be compared with that of Zethus towards Amphion, in the play of Euripides, whom I was mentioning just now: for I am disposed to say to you much what Zethus said to his brother, that you, Socrates, are careless about the things of which you ought to be careful; and that you ‘Who have a soul so noble, are remarkable for a puerile exterior; Neither in a court of justice could you state a case, or give any reason or proof, Or offer valiant counsel on another’s behalf.’ And you must not be offended, my dear Socrates, for I am speaking out of good-will towards you, if I ask whether you are not ashamed of being thus defenceless; which I affirm to be the condition not of you only but of all those who will carry the study of philosophy too far. For suppose that some one were to take you, or any one of your sort, off to prison, declaring that you had done wrong when you had done no wrong, you must allow that you would not know what to do:—there you would stand giddy and gaping, and not having a word to say; and when you went up before the Court, even if the accuser were a poor creature and not good for much, you would die if he were disposed to claim the penalty of death. And yet, Socrates, what is the value of ‘An art which converts a man of sense into a fool,’ who is helpless, and has no power to save either himself or others, when he is in the greatest danger and is going to be despoiled by his enemies of all his goods, and has to live, simply deprived of his rights of citizenship?—he being a man who, if I may use the expression, may be boxed on the ears with impunity. Then, my good friend, take my advice, and refute no more: ‘Learn the philosophy of business, and acquire the reputation of wisdom. But leave to others these niceties,’ whether they are to be described as follies or absurdities: ‘For they will only Give you poverty for the inmate of your dwelling.’ Cease, then, emulating these paltry splitters of words, and emulate only the man of substance and honour, who is well to do.

 

.. SOCRATES: If my soul, Callicles, were made of gold, should I not rejoice to discover one of those stones with which they test gold, and the very best possible one to which I might bring my soul; and if the stone and I agreed in approving of her training, then I should know that I was in a satisfactory state, and that no other test was needed by me.

CALLICLES: What is your meaning, Socrates?

SOCRATES: I will tell you; I think that I have found in you the desired touchstone.

 

.. CALLICLES: Why?

SOCRATES: Because I am sure that if you agree with me in any of the opinions which my soul forms, I have at last found the truth indeed. For I consider that if a man is to make a complete trial of the good or evil of the soul, he ought to have three qualities—knowledge, good-will, outspokenness, which are all possessed by you. Many whom I meet are unable to make trial of me, because they are not wise as you are; others are wise, but they will not tell me the truth, because they have not the same interest in me which you have; and these two strangers, Gorgias and Polus, are undoubtedly wise men and my very good friends, but they are not outspoken enough, and they are too modest. Why, their modesty is so great that they are driven to contradict themselves, first one and then the other of them, in the face of a large company, on matters of the highest moment. But you have all the qualities in which these others are deficient, having received an excellent education; to this many Athenians can testify.

.. And now when I hear you giving the same advice to me which you then gave to your most intimate friends, I have a sufficient evidence of your real good-will to me. And of the frankness of your nature and freedom from modesty I am assured by yourself, and the assurance is confirmed by your last speech. Well then, the inference in the present case clearly is, that if you agree with me in an argument about any point, that point will have been sufficiently tested by us, and will not require to be submitted to any further test. For you could not have agreed with me, either from lack of knowledge or from superfluity of modesty, nor yet from a desire to deceive me, for you are my friend, as you tell me yourself. And therefore when you and I are agreed, the result will be the attainment of perfect truth. Now there is no nobler enquiry, Callicles, than that which you censure me for making,—What ought the character of a man to be, and what his pursuits, and how far is he to go, both in maturer years and in youth? For be assured that if I err in my own conduct I do not err intentionally, but from ignorance. Do not then desist from advising me, now that you have begun, until I have learned clearly what this is which I am to practise, and how I may acquire it.

 

.. Once more, then, tell me what you and Pindar mean by natural justice: Do you not mean that the superior should take the property of the inferior by force; that the better should rule the worse, the noble have more than the mean? Am I not right in my recollection?

.. SOCRATES: Then the many are by nature superior to the one, against whom, as you were saying, they make the laws?

CALLICLES: Certainly.

.. SOCRATES: And are not the many of opinion, as you were lately saying, that justice is equality, and that to do is more disgraceful than to suffer injustice?—is that so or not? Answer, Callicles, and let no modesty be found to come in the way; do the many think, or do they not think thus?—I must beg of you to answer, in order that if you agree with me I may fortify myself by the assent of so competent an authority.

.. SOCRATES: I was thinking, Callicles, that something of the kind must have been in your mind, and that is why I repeated the question,—What is the superior? I wanted to know clearly what you meant; for you surely do not think that two men are better than one, or that your slaves are better than you because they are stronger? Then please to begin again, and tell me who the better are, if they are not the stronger; and I will ask you, great Sir, to be a little milder in your instructions, or I shall have to run away from you.

 

.. CALLICLES: I mean the more excellent.

SOCRATES: Do you not see that you are yourself using words which have no meaning and that you are explaining nothing?—will you tell me whether you mean by the better and superior the wiser, or if not, whom?

 

.. CALLICLES: Most assuredly, I do mean the wiser.

SOCRATES: Then according to you, one wise man may often be superior to ten thousand fools, and he ought to rule them, and they ought to be his subjects, and he ought to have more than they should. This is what I believe that you mean (and you must not suppose that I am word-catching), if you allow that the one is superior to the ten thousand?

.. CALLICLES: Yes; that is what I mean, and that is what I conceive to be natural justice—that the better and wiser should rule and have more than the inferior.

 

.. CALLICLES: I have already told you. In the first place, I mean by superiors not cobblers or cooks, but wise politicians who understand the administration of a state, and who are not only wise, but also valiant and able to carry out their designs, and not the men to faint from want of
soul.

SOCRATES: See now, most excellent Callicles, how different my charge against you is from that which you bring against me, for you reproach me with always saying the same; but I reproach you with never saying the same about the same things, for at one time you were defining the better and the superior to be the stronger, then again as the wiser, and now you bring forward a new notion; the superior and the better are now declared by you to be the more courageous: I wish, my good friend, that you would tell me, once for all, whom you affirm to be the better and superior, and in what they are better?

.. SOCRATES: I mean that every man is his own ruler; but perhaps you think that there is no necessity for him to rule himself; he is only required to rule others?

.. CALLICLES: What do you mean by his ‘ruling over himself’?

SOCRATES: A simple thing enough; just what is commonly said, that a man should be temperate and master of himself, and ruler of his own pleasures and passions.

CALLICLES: What innocence! you mean those fools,—the temperate?

 

.. SOCRATES: Certainly:—any one may know that to be my meaning.

CALLICLES: Quite so, Socrates; and they are really fools, for how can a man be happy who is the servant of anything? On the contrary, I plainly assert, that he who would truly live ought to allow his desires to wax to the uttermost, and not to chastise them; but when they have grown to their greatest he should have courage and intelligence to minister to them and to satisfy all his longings. And this I affirm to be natural justice and nobility. To this however the many cannot attain; and they blame the strong man because they are ashamed of their own weakness, which they desire to conceal, and hence they say that intemperance is base. As I have remarked already, they enslave the nobler natures, and being unable to satisfy their pleasures, they praise temperance and justice out of their own cowardice. For if a man had been originally the son of a king, or had a nature capable of acquiring an empire or a tyranny or sovereignty, what could be more truly base or evil than temperance—to a man like him, I say, who might freely be enjoying every good, and has no one to stand in his way, and yet has admitted custom and reason and the opinion of other men to be lords over him?—must not he be in a miserable plight whom the reputation of justice and temperance hinders from giving more to his friends than to his enemies, even though he be a ruler in his city? Nay, Socrates, for you profess to be a votary of the truth, and the truth is this:—that luxury and intemperance and licence, if they be provided with means, are virtue and happiness—all the rest is a mere bauble, agreements contrary to nature, foolish talk of men, nothing worth. (Compare Republic.)

 

.. SOCRATES: There is a noble freedom, Callicles, in your way of approaching the argument; for what you say is what the rest of the world think, but do not like to say. And I must beg of you to persevere, that the true rule of human life may become manifest. Tell me, then:—you say, do you not, that in the rightly-developed man the passions ought not to be controlled, but that we should let them grow to the utmost and somehow or other satisfy them, and that this is virtue?

‘The Enemy of the People’

Criticism of the media by a president is not necessarily a bad thing

Depending on your perspective, one of President Trump’s real talents, or one of his most baleful traits, is his knack for the zinger label, pinned on a political or institutional foe. “Crooked Hillary,” “Lyin’ Ted,” “The Swamp” — the labels often stick . . . and sting.

But who exactly is “the enemy of the people”? Trump maintains that he is not referring to the entire press, only to “fake news” coverage by mainstream-media outlets. Is such line-drawing appropriate? Even if the public at large may validly make such distinctions, should they be drawn by a president of the United States, or does that specter imperil constitutional free-press protections?

.. Before Trump zapped our politics with his lightning rod, it was a commonplace in conservative circles to complain about that most pernicious practice of the political press: the pretense of objectivity. No, we did not begrudge the New York Times and Washington Post their editorial pages, nor resent opinion pieces and programs clearly advertised as such. Our objection was to patently biased news coverage that was presented as if it were dispassionate, just-the-facts-ma’am reporting. The bias is seen and unseen, but pervasive. It is found in the reporting itself. It is intimated in the description of sources (e.g., conservatives always described as “conservative”; left-wing sources — the ACLU, SPLC, CAIR, etc. — described as civil-rights groups with no partisan agenda). Most important, it is concealed in editorial decisions about what gets covered and what does not, camouflaged by the thread that gets emphasis and the “lede” that gets buried.

.. By reporting this way, the media inculcate in the public the assumption that there is no other side of the story. The Left’s Weltanschauung is not presented merely as a worldview; it is portrayed as objective, inarguable fact, and any other way of looking at things is subversive, cynical, or psychotic.
.. Nietzsche was right that we are hard-wired to exaggerate when speaking about what ails us. That goes double for political discourse. To limn one’s political opposition as “the enemy” is common. It has been throughout history, and I’m sure I’ve done it myself. No more thought goes into it than into a sportscaster’s use of “warrior” to laud some running back who just gained 100 grueling yards. It’s just rhetoric. When we resort to it, we’re not intentionally trivializing the danger posed by actual enemies or diminishing the courage of real warriors.
.. Still, the older one gets, the easier it is to see why referring to partisan opponents as “enemies” is unhelpful. Over time, political coalitions shift. Notions about friend and foe change. To coexist and govern, we have to compromise, and casual condemnations of our opposite number as “the enemy” make compromise harder. When I was a prosecutor, I had genial relations with most of my defense-lawyer adversaries. We fought hard but saw that letting it get too sharp-elbowed, too personal, could rupture the working relationships needed to get through the case . . . and the next one. The stakes were high, but it was markedly less polarized than politics has become.
.. This president runs hot and cold in a nanosecond, so it’s probably a fool’s errand to analyze his rhetoric too closely —
  • one minute you’re “rocket man,” the barbaric dictator;
  • the next minute, you’re the “funny guy” with the “great personality” who really “loves his people,

not that I’m surprised by that.”

.. Topsy-turvy, to be sure, but Trump’s mercurial outbursts, his cavalier resort to words like “enemy” — words other presidents have been circumspect about — does not mean he perceives no difference between Jim Acosta and Osama bin Laden.

So . . . what does the president mean by “the enemy of the people”? More specifically, to whom is he referring? Well, there was an interesting exchange about that last weekend, during Trump’s sit-down interview with Fox News’s Chris Wallace.

.. In the discussion, Trump several times tried to clarify that when he refers to “the enemy of the people,” he is not speaking of all journalists; he is referring to a large subset of journalists that he calls “the Fake News.” According to the president, these are the mainstream-media outlets that align with Democrats and treat him as a partisan opponent, resulting in dishonest and inaccurate coverage of his presidency.

.. Now, you can agree or disagree with him on that, but he is entitled to his opinion. To my mind, there has been plenty of dishonest and inaccurate coverage of Trump. To be sure, there has also been plenty of honest and accurate coverage of the president saying things that are dishonest or inaccurate. Nevertheless, the sheer contempt in which this president is held by journalists is manifest. Even for those of us old enough to remember the coverage of Nixon and Reagan (as well as the Bushes), it is something to behold.

.. For one thing, the effort to delegitimize Trump’s presidency by claiming that he “colluded” in the Kremlin’s 2016 election-meddling has been tireless, and apparently effective. The effort was fueled by selective intelligence leaks and the modern media melding of opinion journalism with news reporting. After over two years of digging, investigators have lodged no collusion allegation; to the contrary, the indictments that Special Counsel Robert Mueller has filed tend to undermine any theory of a Trump–Russia criminal conspiracy. Yet the president remains under suspicion and the media routinely insinuate that Mueller’s mere issuance of indictments validates that suspicion — even though the indictments have nothing to do with Trump.

..  As Power Line’s John Hinderaker relates, recent polling by The Economist and YouGov found that nearly half of American women (48 percent) and fully two-thirds of Democrats (67 percent) actually believe that “Russia tampered with the vote tallies in order to get Donald Trump elected President” — notwithstanding that investigators have never even suspected Russia of tampering with vote tallies, for Trump or anyone else. (The investigation involves allegations that Russia hacked Democratic email accounts.)

.. As Wallace framed the matter, there is only one press, all the journalists are part of it, and no distinctions may be drawn. “We are all together . . . we are in solidarity, sir,” he told the president, adding that, for these purposes, there is no difference between CNN, the New York Times, and Fox. Even though Wallace acknowledged that some coverage of Trump is “biased,” he maintained that the press is a monolith; therefore, the argument went, to condemn a subset of journalists is to condemn the whole of journalism.

.. While he did not air them fully (it was, after all, an interview of the president), I imagine he worries that the “enemy of the people” formulation is a case of Trump wrongly conflating opposition to Trump with opposition to America. Perhaps the issue is not so much the drawing of distinctions between worthy and unworthy journalism, but rather that the president of the United States should not be doing the drawing. The president, clearly, is not just anyone. He is the highest official of a government that is constitutionally obligated to respect freedom of the press, to refrain from threatening it. If people hear an analyst decrying media bias, that is one thing; if they hear the president decrying “the media,” they may not grasp that he intends to rebuke only a subset of the media. They may not be so sure that the rebuke is good-faith criticism, as opposed to despotic intimidation. They may conclude that free-press principles are imperil

.. The fact that Trump’s bombast makes many of us wince — “enemy” — is a style point. If you don’t like it, do a better job running against him next time. After all, when vivid language is directed at conservatives, rather than at themselves, journalists are quick to tell us that life and progress in a free society require thick-skinned toleration of objectionable language and transgressive gestures. What’s sauce for the goose . . .

.. Before President Trump started using the phrase “the enemy of the people,” fair-minded people acknowledged media bias. Conservatives complained bitterly about it. These were not attacks on journalism; they were cris de coeur for real journalism. The president’s “fake news” and “the enemy of the people” epithets are best understood as a reiteration of these longstanding complaints in the barbed Trump style. This is no small thing. While the complaints are getting more of an airing than they have in the past, the president’s manner is off-putting to many people who were once sympathetic to the point he is making.

.. The mainstream press, meanwhile, is becoming more unabashedly hostile. At least that means there is more transparency, but is that a good thing? I don’t know. It would be good to be rid of the pretense of objectivity. But there are many reporters who do not pretend to be objective; they actually are objective, even if they have strong political views, even if they dislike the president for reasons of substance or style. We need those pros. We need to appreciate what they do, not reject real news because it may be news we don’t want to hear.

.. I do not lose much sleep over a president’s lashing out at what he perceives as, and what often truly is, biased reporting. This is not Turkey; a president would be impeached before a journalist spends an hour in prison for unflattering coverage. And I don’t worry much about whether criticism of a readily identifiable portion of the media harms the entire media as an institution. If journalists are worried about that, they should police their profession better. Jim Acosta hurts journalism more than he hurts Trump, and if the president is really as awful as many journalists contend, then simply asking his administration straightforward questions, rather than posing as “The Resistance,” should expose that.

The Singapore Summit’s Uncertain Legacy

Trump seems to think that Kim can be swayed not simply by threats and pressure, but by flattery and promises as well. The White House released a four-minute video that showcased Kim as someone who could be a great historical figure if only he would fundamentally change. The video also went to great lengths to show what North Korea could gain economically were it to meet US demands. The president even spoke of the North’s potential as a venue for real-estate development and tourism.

What seems not to have occurred to Trump is that such a future holds more peril than promise to someone whose family has ruled with an iron grip for three generations. A North Korea open to Western businessmen might soon find itself penetrated by Western ideas. Popular unrest would be sure to follow.

.. Trump emphasizes the importance of personal relationships, and he claimed to have developed one with Kim in a matter of hours. More than once, he spoke of the trust he had for a leader with a record of killing off those (including an uncle and a brother) he deemed his enemies.

.. His depiction of the summit as a great success that solved the nuclear problem will make it that much tougher to maintain international support for the economic sanctions that are still needed to pressure North Korea.

.. The danger, of course, is that subsequent negotiations will fail, for all these reasons, to bring about the complete and verifiable denuclearization of North Korea that the US has said must happen soon. Trump would likely then accuse Kim of betraying his trust.

.. In that case, the US would have three options. It could accept less than full denuclearization, an outcome that Trump and his top aides have said they would reject. It could impose even stricter sanctions, to which China and Russia are unlikely to sign up. Or it could reintroduce the threat of military force, which South Korea, in particular, would resist.

.. But if Trump concludes that diplomacy has failed, he could nonetheless opt for military action, a course John Bolton suggested just before becoming national security adviser. This would hardly be the legacy that Trump intended for the Singapore summit, but it remains more possible than his optimistic tweets would lead one to believe.

Who Is Behind Trump’s Links to Arab Princes? A Billionaire Friend

The billionaire financier Tom Barrack was caught in a bind.

.. Mr. Trump’s outspoken hostility to Muslims — epitomized by his call for a ban on Muslim immigrants — was offending the Persian Gulf princes Mr. Barrack had depended on for decades as investors and buyers.

.. Mr. Barrack, a longtime friend who had done business with the ambassador, assured him that Mr. Trump understood the Persian Gulf perspective. “He also has joint ventures in the U.A.E.!” Mr. Barrack wrote in an email on April 26.

.. During the Trump campaign, Mr. Barrack was a top fund-raiser and trusted gatekeeper who opened communications with the Emiratis and Saudis, recommended that the candidate bring on Paul Manafort as campaign manager — and then tried to arrange a secret meeting between Mr. Manafort and the crown prince of Saudi Arabia.

.. Investigators interviewed him in December but asked questions almost exclusively about Mr. Manafort and his associate Rick Gates

.. he has said he rebuffed offers to become treasury secretary or ambassador to Mexico.

.. He sought a role as a special envoy for Middle East economic development

.. Mr. Barrack’s company, known as Colony NorthStar since a merger last year, has raised more than $7 billion in investments since Mr. Trump won the nomination, and 24 percent of that money has come from the Persian Gulf — all from either the U.A.E. or Saudi Arabia

.. Mr. Barrack played as a matchmaker between Mr. Trump and the Persian Gulf princes.

.. “He is the only person I know who the president speaks to as a peer,” said Roger Stone, a veteran Republican operative who has known both men for decades. “Barrack is to Trump as Bebe Rebozo was to Nixon, which is the best friend,”

.. By 2010, he had acquired $70 million of the debt owed by Mr. Trump’s son-in-law, Jared Kushner, on his troubled $1.8 billion purchase of a skyscraper at 666 Fifth Avenue in New York. After a call from Mr. Trump, Mr. Barrack was among a group of lenders who agreed to reduce Mr. Kushner’s obligations to keep him out of bankruptcy.

.. Thomas J. Barrack Jr. and Donald J. Trump first met in the 1980s, and Mr. Barrack got the better of the encounters. He negotiated Mr. Trump into overpaying for two famous assets: a one-fifth stake in the New York department store chain Alexander’s in 1985, and the entire Plaza Hotel in 1988. Mr. Trump paid about $410 million for the Plaza and later lost both properties to creditors.

.. But Mr. Barrack nonetheless parlayed the deals into a lasting friendship, in part by flattering Mr. Trump about his skill as a negotiator.

“He played me like a Steinway piano,” Mr. Barrack recounted in a speech at the Republican convention.

.. people who know him well say he still tells new acquaintances that he is truly honored to meet them, cheerfully doling out superlatives like “first-class,” “amazing” and “brilliant.” He invariably tells the story of his own success as a parable about luck and perseverance, never about talent.

.. He grew up speaking Arabic as the son of Lebanese immigrants to Los Angeles

.. Mr. Barrack wrote back that Mr. Trump was “the king of hyperbole.”

.. “We can turn him to prudence,” Mr. Barrack wrote in an email. “He needs a few really smart Arab minds to whom he can confer — u r at the top of that list!”

.. Mr. Barrack had befriended Mr. Manafort in the 1970s, when they were both living in Beirut and working for Saudi interests.

.. Early in 2016, when Mr. Trump faced the prospect of a contested nomination fight at the Republican convention, Mr. Barrack had recommended Mr. Manafort for the job of campaign manager. “The most experienced and lethal of managers” and “a killer,” Mr. Barrack called him in a letter to Mr. Trump.

.. The Saudi prince had tried to reach the Trump campaign through “a midlevel person” at the rival private equity giant Blackstone

.. Mr. Barrack forwarded to the ambassador a message from Mr. Manafort with a “clarification” that modulated Mr. Trump’s call for a Muslim ban.

.. Mr. Barrack informed Ambassador Otaiba that the Trump team had also removed a proposed Republican platform provision inserted to “embarrass” Saudi Arabia. The provision had called for the release of redacted pages about the kingdom in a report on the terrorist attacks of Sept. 11, 2001.

.. When those two states imposed an embargo on their neighbor Qatar — home to a major United States air base — Mr. Trump broke with his own administration to throw his weight squarely behind the Saudis and Emiratis.

.. Until recently, Mr. Barrack’s most prominent Gulf customers were neither the Emiratis nor the Saudis — but their bitter rivals the Qataris

.. None of the Gulf investments that Mr. Barrack’s company has brought in since Mr. Trump’s nomination have come from Qatar.