Why Trump is so frantic right now

I can’t be the only one who thinks he sounds less like an elected official than like the leader of some apocalyptic cult. Look at the way he rails against the news media at his revival-style campaign rallies. In Indiana on Thursday night, he seemed obsessed with news stories that had described empty seats and a subdued crowd at a West Virginia rally several days earlier. He claimed those reports were “fake news,” although they were demonstrably true.

.. Trump is taking a page from the playbook of totalitarian dictators: Believe only me. Reality is what I say it is. Anyone who claims otherwise is an Enemy of the People.

.. Trump’s approval rating having fallen to 36 percent, with disapproval at 60 percent.

.. more than half of those polled — an incredible 53 percent — said they “strongly” disapproved of Trump’s performance.

.. The most immediate threat to Trump from the election is not impeachment, though we may eventually reach that point. Rather, it is the prospect of genuine oversight and serious investigation. Scrutiny is Trump’s kryptonite.

.. The other thing Trump fears, of course, is the Robert S. Mueller III investigation writ large. The probe by the special counsel has now metastasized to involve the Southern District of New York, the New York state attorney general and the Manhattan district attorney

.. Trump desperately wants an attorney general who will shut Mueller down. The incumbent, Jeff Sessions, cannot do so because he is recused from the matter. Republican senators who once warned Trump not to dare fire Sessions now seem resigned to the fact that Trump will do just that.

It makes sense for Trump to make his move after the election. If Republicans still control Congress, he’ll get away with it. If Democrats take charge, he won’t.

‘Winter is coming’: Allies fear Trump isn’t prepared for gathering legal storm

President Trump’s advisers and allies are increasingly worried that he has neither the staff nor the strategy to protect himself from a possible Democratic takeover of the House, which would empower the opposition party to shower the administration with subpoenas or even pursue impeachment charges

.. The president and some of his advisers have discussed possibly adding veteran defense attorney Abbe Lowell, who currently represents Trump son-in-law and senior adviser Jared Kushner, to Trump’s personal legal team

..Trump announced Wednesday that

  1. Donald McGahn will depart as White House counsel this fall, once the Senate confirms Supreme Court nominee Brett M. Kavanaugh. Three of McGahn’s deputies —
  2. Greg Katsas,
  3. Uttam Dhillon and
  4. Makan Delrahim — have departed, and a fourth,
  5. Stefan Passantino, will have his last day Friday.

That leaves John Eisenberg, who handles national security, as the lone deputy counsel.

.. McGahn and other aides have invoked the prospect of impeachment to persuade the president not to take actions or behave in ways that they believe would hurt him, officials said.

Still, Trump has not directed his lawyers or his political aides to prepare an action plan, leaving allies to fret that the president does not appreciate the magnitude of what could be in store next year.

.. Trump attorney Rudolph W. Giuliani said he and the president have discussed the possibility that special counsel Robert S. Mueller III will issue a damning report to Congress.

.. If Democrats control the House, the oversight committees likely would use their subpoena power as a weapon to assail the administration, investigating with a vengeance. The committees could hold hearings about policies

  1. such as the travel ban affecting majority-Muslim countries and
  2. “zero tolerance” family separation, as well as on possible
  3. ethical misconduct throughout the administration or the Trump family’s private businesses.
..  “Assuming Democrats win the House, which we all believe is a very strong likelihood, the White House will be under siege. But it’s like tumbleweeds rolling down the halls over there. Nobody’s prepared for war.”
.. Trump has told confidants that some of his aides have highly competent lawyers such as Lowell, who represents Kushner, and William A. Burck, who represents McGahn as well as former White House chief of staff Reince Priebus and former White House chief strategist Stephen K. Bannon.
“He wonders why he doesn’t have lawyers like that,” said one person who has discussed the matter with Trump.
Another adviser said Trump remarked this year, “I need a lawyer like Abbe.”
Giuliani said that he has not heard of Trump considering adding Lowell to the team but that he would be a great choice because of his thorough and aggressive style.

“This president might like that better,” Giuliani said. “If he thinks someone isn’t being tough enough, he has a tendency to go out to defend himself. And that’s not good.”

.. “I would think that the type of lawyer most able to handle the impeachment scenario would be someone from the appellate and Supreme Court bar — someone of the Ted Olson or Paul Clement or Andy Pincus level, someone who knows how to make the kind of arguments should it come to a vote in the Senate,” Corallo said.

.. Emmet Flood, a White House lawyer and McGahn ally who handles the special counsel’s Russia investigation, has long been considered a top prospect to replace McGahn.

.. Flood, often described as a lawyer’s lawyer, is in many ways the opposite of Trump and Giuliani, yet the president has told advisers he is impressed by Flood’s legal chops and hard-line positions defending the prerogatives of the White House.

.. White House aides, including deputy chief of staff Johnny ­DeStefano and political director Bill Stepien, have tried to ratchet down Trump’s expectations for the elections, saying that projections look grim in the House.

.. Another concern is that the White House, which already has struggled in attracting top-caliber talent to staff positions, could face an exodus if Democrats take over the House, because aides fear their mere proximity to the president could place them in legal limbo and possibly result in hefty lawyers’ fees.

“It stops good people from potentially serving because nobody wants to inherit a $400,000 legal bill,” said another Trump adviser.

.. the West Wing staff is barely equipped to handle basic crisis communications functions, such as distributing robust talking points to key surrogates, and question how the operation could handle an impeachment trial or other potential battles.

Trump sees the administration as having a singular focus — him — and therefore is less concerned with the institution of the presidency and not aware of the vast infrastructure often required to protect it, according to some of his allies.

.. Jack Quinn, who served as White House counsel under Clinton, said his office had at least 40 lawyers and as many as 60 during key times.

.. “I appreciate that Rudy Giuliani is doing a lot of the public speaking and perhaps some other things,” Quinn said. But, he added, “it’s a little bit of a mystery to me who is doing the outside legal work.”

Trump’s worst political nightmare? Democrats with subpoena power

While some Democrats have pressed for Trump’s impeachment, what would be certain is that Democratic committee chairs would swamp Trump and his deputies with subpoenas, document requests and public hearings that would bog down his administration and distract from his agenda ahead of the 2020 elections.

Already, congressional Democrats have amassed dozens of oversight requests targeting the White House, various Cabinet departments and private entities with business ties to Trump and his family.

.. Some outside Trump advisers have mused in recent days that losing the House would be a political disaster but saw a silver lining in the possibility that Democrats would veer left next year and be a foil for Trump

.. “There is a never-ending stream of outrage,” said Scott Jennings, a Republican political consultant who served in the final three years of the Bush White House. “The only difference is, now all of their outrage is directed at Twitter. But when you give somebody a gavel, they can actually hurt you.”

.. Their mission would be to stop the EPA or any other regulatory agency from just functioning, basically, until they can regain power.”

.. it was difficult not to contemplate the possibilities that would come with not only subpoena power, but also a much larger staff and investigative budget.

.. Since Trump took office, Oversight Committee Republicans have blocked more than 50 Democratic subpoena requests ranging from

  • documents pertaining to the administration’s health-care policies to
  • information on the government’s use of chartered airplanes to
  • a demand for testimony from former Trump strategist Stephen K. Bannon.

.. would also scrutinize policy issues such as

  • prescription drug prices,
  • postal reform and
  • preparations for the 2020 Census.

.. Unlike the partisan congressional probes into Bush and Obama, which focused mainly on alleged missteps by subordinates, Democrats are primed to put the president himself in the investigative crosshairs 

.. For one, Democrats would be able to inspect Trump’s federal income tax returns for the first time — a trove that they have long demanded but Republicans have shown no interest in obtaining. Under federal law, any tax return can be examined by the chairman of any of the three congressional tax committees.

.. Other information regarding Trump’s personal finances and business dealings could also be subject to Democrats’ prying eyes. They could include rosters of hotel clients and members of Trump golf and social clubs, as well as details of real estate deals that his companies have participated in.

.. requests for information on the response to Hurricane Maria in Puerto Rico last year, as well as Trump’s controversial border policies.

Four Democratic senators on Thursday requested a Pentagon investigation into whether the White House improperly offered tours of Air Force One to members of Trump’s private Mar-a-Lago Club in Florida.