Trump’s Tool Kit Does Not Include the Constitution

a survey of 2000 voters that shows public faith in 27 key democratic principles — ranging from the independence of the judiciary to constitutional limits on executive power — has declined across the board.

.. from September 2017 to January 2018, voters’ assessments of the ability of the courts, Congress and the Constitution to “effectively check executive power dropped by 7-8 percentage points.”

.. If scholars are right that erosion proceeds on a piecemeal basis, and that the first steps often entail targeting democracy’s “referees,” then our results regarding declines in judicial independence and support for a free press are especially disturbing.

.. On Monday, he charged that Democratic members of the House and Senate were treasonous in their failure to applaud him during his State of the Union address. In a speech in Blue Ash, Ohio, Trump described how he saw it:

You’re up there, you’ve got half the room going totally crazy, wild — they loved everything, they want to do something great for our country. And you have the other side, even on positive news — really positive news, like that — they were like death and un-American. Un-American. Somebody said, “treasonous.” I mean, yeah, I guess, why not? Can we call that treason? Why not?

.. Iyengar posed the following hypothetical:

Let’s assume that Mueller uncovers evidence of collusion and close associates of the Prez are implicated. Republicans are likely to deny the validity of the charges on the grounds that the investigators are biased and Republicans in Congress, as they’ve repeatedly demonstrated, will stick by Trump since the base is with him. Trump, of course, will continue with the ‘hoax’ narrative, and his surrogates in the media will be only too happy to back him up. At that point, we will have a very real threat to the rule of law.

.. Trump’s attacks on the F.B.I. are a case study in his polarization strategy. Since its founding in 1908, the F.B.I. has had substantial popular support, especially among Republicans.

.. Polarization by party identity is so powerful at the moment that most voters see the world through thick red and blue lenses. Almost everything is politicized. And, in almost every study I have run, I find that Republicans are more intense partisans than Democrats on average. We’ve seen partisanship color Republican evaluations of the FBI (negatively) and Russia and Putin (positively).

..  Trump has a negative 40-55 percent approval rating, but it’s “his best overall score in seven months.”

.. Seventy percent of voters described the economy as excellent or good, the highest since 2001

.. in politics, “what matters in the economy is real disposable income over the 6-12 months before an election.”

.. the future of democracy in America during the Trump administration depends as much or more on unemployment, take home pay, the Dow Jones industrial average, tax rates and the gross domestic product as on principled support for the rule of law.

.. as the investigation by the special counsel, Robert Mueller, continues to pursue lines of inquiry reaching deep into the White House, Trump will have plenty of opportunities in the near future to push the envelope on the rule of law.

.. I see the Democrats poised right now to make net gains of about 10 to 14 seats. They need 25 or so depending on vacancies.

..  Franklin Roosevelt’s seeking of a third (and then a fourth) term is among the most important norm violations in American political history. He hadn’t been dead for two years before both chambers of Congress proposed the 22nd amendment to limit presidents to two terms.

.. After Lincoln’s use of emergency powers to flex presidential power in ways not previously seen, Congress fought back against his successor, Andrew Johnson. More of his vetoes were overridden (15) than for any other president and Congress limited presidential influence over executive branch employment by passing the Tenure of Office Act (1867).

.. Trump won the Republican nomination and the presidency by conducting a campaign directly challenging the notion that the electorate will punish a politician for “violating accepted constitutional arrangements.”

.. If Republicans retain control of both branches of Congress in 2018 — even if by just one vote in the House and a 50-50 split (with Vice President Pence the tiebreaker) in the Senate — Trump will claim vindication. His assault on the pillars of democracy will continue unabated, with increasingly insidious effect.

Devin Nunes’s Nothingburger

The important questions, however, are:

  1. First, did the F.B.I. have solid reasons to suspect that people in Donald Trump’s campaign had unusual, dangerous and possibly criminal ties to Moscow?
  2. Second, did this suspicion warrant surveillance and investigation by the F.B.I.?

.. Paul Manafort, the Trump campaign chairman until August 2016, is credibly alleged to have received $12.7 million in “undisclosed cash payments” from then-Ukrainian President Viktor Yanukovych, a Russian stooge.

.. Had Manafort not been exposed, he might have gone on to occupy a position of trust in the Trump administration

.. George Papadopoulos, the young adviser who pleaded guilty last year to lying to the F.B.I., spent his time on the campaign trying to make overtures to Russia. In May 2016 he blabbed to an Australian diplomat that Moscow had political dirt on Hillary Clinton — information that proved true and was passed on to U.S. intelligence. This was the genesis of an F.B.I. counterintelligence investigation, as the Nunes memo itself admits.

.. Page happens also to be highly sympathetic to the Putin regime. The Russian phrase for such characters is polezni durak — useful idiot.

No wonder he was invited to give a commencement speech at a Russian university in the summer of 2016. That’s how assets are cultivated in the world of intelligence.

.. Given the profile and his relative proximity to team Trump, it would have been professionally negligent of the F.B.I. not to keep tabs on him.

.. Yet the bureau only obtained a surveillance warrant after Page had left the campaign and shortly before the election, and it insisted throughout the campaign that Trump was not a target of investigation. How that represents an affront to American democracy is anyone’s guess.

.. The memo does seem to have uncovered conflicts of interest at the Justice Department, most seriously by then-Associate Deputy Attorney General Bruce Ohr, whose wife was working for Fusion GPS (and thus, by extension, the Clinton campaign) on opposition research on Trump. The memo also claims this relationship was not disclosed to the Foreign Intelligence Surveillance Court when the Justice Department applied for a surveillance warrant on Page.

.. Nor does the Nunes memo claim that the information provided by the F.B.I. to the foreign intelligence court was, in fact, false. The closest it gets is a quote from ex-F.B.I. Director James Comey saying the Steele dossier was “salacious and unverified,”

.. The Stormy Daniels story is also salacious and almost certainly accurate. “Unverified” is not a synonym for “untrue.” And since when do pundits who make a living from their opinions automatically equate “bias” with dishonesty?

.. The larger inanity here is the notion that the F.B.I. tried to throw the election to Clinton, when it was the Democrats who complained bitterly at the time that the opposite was true.

“It has become clear that you possess explosive information about close ties and coordination between Donald Trump, his top advisers and the Russian government,” then Senate Minority Leader Harry Reid angrily wrote James Comey in late October 2016. “The public has a right to know this information.”

.. Maybe so. But the G-Men kept quiet about their investigations, and Trump won the election. How that represents evidence of a sinister deep-state conspiracy is a question for morons to ponder.