PABLO MARTINEZ MONSIVAIS / APLove your nation. Celebrate its sovereignty. Never buy into the misguided idea that someone else’s country should tell you how to run yours. President Donald Trump’s speech to the United Nations General Assembly last week was an ode to chest-thumping nationalism. But in one specialized field of human endeavor, Trump seems to believe that America is not nearly great enough: sliming political rivals.
As a presidential candidate, now and in 2016, Trump has tried to outsource opposition research to countries whose legal systems are awash in corruption or tainted by political influence.
Three years ago, he looked into a bank of TV cameras and implored Russia, “if you’re listening,” to find Hillary Clinton’s deleted State Department emails. (Russia was listening and, we’ve since learned, hopped right to it, as Robert Mueller’s investigation showed.) Trump now faces an impeachment investigation in the House for pressuring Ukraine to dig up damaging information about the 2020 Democratic front-runner, former Vice President Joe Biden. Heedless of the impeachment machinery whirring on Capitol Hill, he stood outside the White House on Thursday and told reporters that he’d like to see the Chinese investigate the business dealings of Biden’s son Hunter in their country.
In so many other arenas, Trump has denounced and ditched international cooperation. He pulled out of the Iran nuclear agreement and the 12-nation Trans-Pacific Partnership, both of which Barack Obama had negotiated. He’s questioned whether the NATO military alliance is worth the price. “America first” was the slogan that helped Trump win the presidency. But he doesn’t seem to believe it’s the tactic that will help him keep it.
Trump sees foreign-policy priorities as bargaining chips, advancing or discarding them as his needs change. In an example from 2017, he dialed back public criticism of China because he wanted the country’s help ending North Korea’s nuclear program. That summer, his aides had drafted a speech aimed at intellectual-property theft, which they viewed as a bedrock Chinese trade practice. At Trump’s insistence, they eliminated virtually all references to China in hopes of not offending its leadership at a time when he was coaxing them to lean on North Korea.
These sorts of calculations fall within the bounds of traditional statecraft. What happens, though, when Trump tosses domestic politics into the mix? What if China agreed to plow forward with an investigation into the Bidens at Trump’s behest? Could that induce Trump to go softer in U.S.-China trade talks—negotiations that influence the price of consumer goods, the livelihood of American farmers, and employment levels? When a president conflates personal politics with the national interest, we’re left to wonder.
If Trump was worried about possible corruption involving Americans overseas, he could turn to his own country’s investigators for help examining their dealings. There is, of course, a law-enforcement agency with a long tradition of investigatory work here in the sovereign United States: the FBI. It would be an abuse of power for Trump to order the FBI or the Justice Department to fast-track an investigation into any political opponent, but he would be within his rights to pass along what information he may have, Richard Painter, who was the chief White House ethics lawyer under President George W. Bush, told me.
But Trump doesn’t want the bureau on the case. He’s spent much of his presidency savaging the FBI and the broader U.S. intelligence community, airing baseless accusations that they spied on him during the 2016 election. In an interview with ABC News in June, Trump was dismissive of the notion that it’s wrong for foreign governments to provide dirt on political opponents, and that the right thing for campaigns to do when they’re contacted is to involve the FBI.
“But when somebody comes up with oppo research, right, they come up with oppo research, ‘Oh, let’s call the FBI.’ The FBI doesn’t have enough agents to take care of it,” Trump told the network’s George Stephanopoulos.
Trump conveyed his disdain for the bureau’s leadership—officials he appointed—when Stephanopoulos reminded him that FBI Director Christopher Wray had recently testified to Congress that campaigns should report instances of foreign interference in U.S. elections. “The FBI director is wrong, because frankly it doesn’t happen like that in life,” Trump said. What’s wrong is not only saying, as Trump once did, that you’d accept help from foreign countries in an election, but strong-arming them into tarring a political opponent. After he said he’d like China to probe the Bidens, the Federal Election Commission chairwoman, Ellen Weintraub, retweeted a message she’d sent over the summer that it’s illegal to solicit something of value from a foreign national as part of a U.S. election.
“Is this thing on?” Weintraub wrote, cheekily, using a microphone emoji.
Between the entreaties made to China and Ukraine, it’s clear the blowback from 2016 has not made the president any more cautious, and he continues to blur the lines between his own interests and his duties as head of state. Take the batch of text messages released by House Democrats late Thursday night. Right before a July phone call between Trump and Ukrainian President Volodymyr Zelensky, Kurt Volker, a former U.S. special envoy to Ukraine, sent a message to a Zelensky aide. The note suggests that a summit meeting between the two leaders was conditioned on Ukraine’s willingness to investigate a discredited theory that Russia might not have been the ones that pilfered Democratic emails in the 2016 race.
Writing that he had “heard from the White House,” Volker told the aide that if Zelensky would agree in the call to “get to the bottom of what happened in 2016,” the administration would “nail down” a meeting between the presidents.
The texts show Ukraine was reluctant to go along with the scheme, which smacks of a quid pro quo. In one note in July, William Taylor, the top U.S. diplomat there, wrote that Zelensky was “sensitive about Ukraine being taken seriously, not merely as an instrument in Washington domestic, reelection politics.” Yet Ukraine may have decided that defying Trump is too risky. New reports show that Ukraine’s prosecutor general is reviewing how the country handled an investigation into the energy company Burisma Group, on whose board Hunter Biden sat. That inquiry could ostensibly lead to the sort of renewed investigation into the Bidens that Trump wants done.
There’s no obvious parallel to a president so brazenly enlisting foreign countries in schemes to discredit political rivals. As a Republican candidate in the 1968 presidential race, Richard Nixon took steps to sabotage then-President Lyndon Johnson’s efforts to reach a Vietnamese peace deal. Using private surrogates, Nixon delivered a message to South Vietnamese President Nguyen Van Thieu that if he delayed, he might get better terms in a Nixon presidency. Nixon’s aim was to deprive the Democrats of a breakthrough in the war that might tip the election in Vice President Hubert Humphrey’s favor. Johnson would later complain that the ploy amounted to “treason,” as the author John Farrell described in his biography of Nixon.
But Nixon was only a candidate at the time, a private citizen. Trump is a sitting president.
“If you want democracy, hold onto your sovereignty,” he said in his U.N. speech. In the months leading up to that address, we now know, he was compromising U.S. sovereignty and weakening its democracy, all to extinguish the chances of a campaign opponent. In the week after the speech, nothing’s changed.
Donald Trump’s press conference performance in Helsinki rises to & exceeds the threshold of “high crimes & misdemeanors.” It was nothing short of treasonous. Not only were Trump’s comments imbecilic, he is wholly in the pocket of Putin. Republican Patriots: Where are you???
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I don’t know why Trump and his team accepted, and at times actively solicited, the help of Putin and Russian intelligence in winning the 2016 election, and why they have appeared at times to actively serve Putin’s interests once in office. Maybe they were just taking whatever help they could get; maybe the pee tape is real; maybe Jon Chait’s theory is right and Trump has been a Soviet/Russian asset for three decades.
But I think I know why Trump thought it was okay to do what he did — why he could get away with it. The reason is a culture of elite impunity, where business and political leaders face absolutely no accountability for misdeeds. And it’s a culture that Brennan and many political elites like him have fostered, and from which they have personally benefited.
It’s much bigger than collusion. It encompasses many decades during which political officials have evaded accountability for broken laws and illicit foreign contacts, and business and corporate elites have skirted punishment for outright fraud. It’s a problem that, ironically, Trump hammered home in the campaign: that there’s a different set of rules for elites than for normal people. It just happens that Trump knows that because he, for decades now, has been taking advantage of elite impunity.
And unless critics are willing to target the problem of impunity, a problem in which some of them may be implicated, stuff like the Russia scandal will just keep happening, again and again.
The culture of impunity
We don’t punish white-collar criminals in this country. Not really, and certainly not by comparison to how we punish poorer, less white people for less severe offenses.
Only one Wall Street executive ever served jail time for the financial crisis. Rampant foreclosure fraud during the crisis, in which mortgage companies illegally forced millions of families from their homes on the basis of false evidence, went largely unpunished. Lanny Breuer, President Obama’s assistant attorney general for the criminal division of the Department of Justice, was so notoriously lax that Obama’s White House counsel Kathy Ruemmler once jokingly asked him, “How many cases are you dismissing this week?”
And no one knows how easy it is to get away with complicated financial crimes better than Donald Trump. For decades, he was able to dodge any consequences for his routine collaborations with the Mafia, even though his relationship with (to give just one example among many) the mob-linked union official John Cody prompted the FBI to subpoena Trump. His real estate businesses are routinely entangled with corrupt officials abroad, with the Trump International Hotel and Tower Baku in Azerbaijan and the Trump office towers in India looking particularly fishy. (Under the Foreign Corrupt Practices Act, even unknowingly profiting from corrupt activities in a foreign country is a federal crime.)
And the people around him have similarly checkered histories. His longtime personal attorney Michael Cohen is, of course, currently under federal investigation from the US Attorney’s Office for the Southern District of New York and has been linked to various insurance fraud schemes, including one involving recent Russian immigrants falsely claiming they were hit by cars. Ivanka and Donald Trump Jr. were nearly charged with fraud for their conduct in marketing the Trump SoHo hotel and condo development in 2012.
Donald Trump, Ivanka, Don Jr., Cohen, and Kushner aren’t under criminal indictment just yet. (Of course, Paul Manafort, Trump’s former campaign chair, is, and for serious financial crimes that are so far largely unrelated to his work for Trump.) Maybe it’s all just a series of awful coincidences. Or maybe they have correctly perceived that you can get away with truly massive white-collar crimes, and have lived their lives accordingly.
Political crimes are basically never punished, even with a body count
This same culture exists, perhaps to an even greater degree, for political wrongdoing. The Russia scandal should have, but largely hasn’t, reminded us that a presidential candidate has collaborated with a foreign government against the American government before, and gotten away with it.
In the summer of 1968, as biographer John A. Farrell has demonstrated, Republican nominee Richard Nixon and his aides actively sabotaged efforts by Lyndon Johnson’s administration to negotiate an end to the Vietnam War. They got away with it, prolonging a war that wound up killing more than a million people in the process. It’s barely even on the list of Nixonian wrongdoing that people remember. Henry Kissinger was at the time a Johnson adviser leaking information for Nixon to use in his efforts. Today he remains a broadly respected elder statesman, even in Democratic administrations.
It wasn’t even two decades later that the next Republican administration conspired with a foreign government, namely Iran’s. This time, the actions weren’t just horrendously immoral but illegal as well; elongating the Vietnam War was, alas, not a crime, but funding the Contras with Iranian arms deal money was. So was lying to Congress about it. Fourteen members of Reagan’s administration were indicted, and 11 were convicted.
It didn’t matter. Before leaving office, President George H.W. Bush pardoned six people involved, all high-ranking policy officials like Secretary of Defense Caspar Weinberger, National Security Adviser Robert McFarlane, Assistant Secretary of State Elliott Abrams, and CIA covert ops director Clair George. National Security Council official Oliver North and National Security Adviser John Poindexter had, at that point, already gotten their convictions tossed out, not because they were innocent but due to a complication resulting from Congress giving them immunity to testify.
Lawrence Walsh, appointed independent counsel to investigate Iran-Contra, would later write, “What set Iran-Contra apart from previous political scandals was the fact that a cover-up engineered in the White House of one president and completed by his successor prevented the rule of law from being applied to the perpetrators of criminal activity of constitutional dimension.”
And because the rule of law wasn’t applied, many of the perpetrators remain members in good standing of Washington’s foreign policy establishment. Poindexter returned to government to run the George W. Bush administration’s Information Awareness Office and “Total Information Awareness” program, leaving after a public controversy around a betting market he wanted to create where bettors would’ve profited if a terrorist strike occurred. Abrams, whose far worse transgressions in the Reagan years involved his support for El Salvador’s brutal military dictatorship and his efforts to cover up the El Mozote massacre, worked as a senior National Security Council official for the entirety of the George W. Bush administration.
In that administration, of course, dozens of policymakers collaborated to systematically violate US and international law forbidding torture. While low-ranking Army soldiers and officers were court-martialed in certain cases, like Abu Ghraib, the people ultimately responsible for the policy regime got away with it. John Yoo and Jay Bybee, who put together memos authorizing systematic torture of detainees without trial, escaped all prosecution. Yoo is a tenured professor at UC Berkeley. Bybee is a federal judge with life tenure.
The Obama administration not only declined to prosecute CIA officials who tortured detainees in accordance with the torture memos but failed to prosecute them even in numerous cases where those guidelines were exceeded. As Vox’s Andrew Prokop explained in 2014, the Justice Department didn’t even bother to bring charges in the cases of Gul Rahman and Manadel al-Jamadi, who were literally tortured to death.
Nor did they bring any charges against Jose Rodriguez, who authorized the destruction of 92 tapes showing the CIA torturing detainees, or against anyone who assisted Rodriguez. Gina Haspel, who Rodriguez has said drafted the order to destroy the tapes, and who ran a CIA black site for torture in Thailand, is now the director of the CIA.
Impunity means we will only get more wrongdoing
With that history — with such a clear record that neither businesspeople engaged in systematic financial wrongdoing nor political officials involved in criminal activity and illicit deals with foreign powers will ever face any consequences — why on earth wouldn’t someone like Trump, a man who lacks any willingness to sacrifice his self-interest in order to do the right thing, work with Russia? Why wouldn’t he feel okay asking Russia to hack Hillary Clinton’s emails? Why would Donald Trump Jr. have any reservations at all about accepting help from the Russian government, declaring, “If it’s what you say I love it”? People like them, in their shoes, have done the same or worse before and gotten away with it. Kissinger even got a Nobel Prize.
The obvious rebuttal here is that the Trumps are different. They’re distinctly immoral, uniquely willing to fly in the face of decency and patriotic duty and basic morality to make money and gain power. They don’t need a culture of impunity to do horrible things. To which I’d respond: yes, obviously. That’s who they are. But there will always be people like that, and there will be more as long as we maintain a system that gives them total immunity from criminal or even professional consequences for their actions.
Donald Trump Jr. himself, in his typical “say the loud part quiet and the quiet part loud” way, laid all this out pretty clearly in an interview with the Senate Judiciary Committee. “What about the thing that says, ‘It is part of Russia and its government’s support for Mr. Trump,’” Heather Sawyer, a Democratic counsel for the committee, asked him. “Did you also love that?”
“I don’t know,” Donald Jr. replied. “I don’t recall.”
“Did you understand that that would be problematic?” Sawyer pressed. Trump answered: “I didn’t think that listening to someone with information relevant to the fitness and character of a presidential candidate would be an issue, no.”
Donald Jr. was coached meticulously before that hearing, so it’s hard to read too much into what he’s saying. But I believe him. I believe he genuinely didn’t think that collaborating with the Russian government to get his father elected would be an issue.
That’s what impunity means: It means not thinking that grievous wrongdoing will one day be an issue. It helps explain why even decorated civil servants like John Brennan at best remained silent about, and at worst participated in, the CIA’s torture regime. It wasn’t an issue for him, ultimately; he eventually became director, where he could defend torturers at greater length.
But that’s exactly the problem. It should be an issue. We’ve set up a system where the baseline assumption is that nothing short of, I don’t know, full-on in-person murder can disqualify an elite political or business figure from their posting. And that means that people like the Trumps will continue to believe that criminality and collusion are just fine. Unless we’re willing to break down that system, and interrogate the role that even Trump’s enemies have played in building it, we will get two, three, many Trumps in the future.
Correction: I initially wrote that Jon Chait believes Trump has been an Russian “agent” for three decades. In fact, Chait believes that Trump “might” have been a Russian “asset” for three decades. I regret the error.
John O. Brennan