Court Fines Trump $2 Million for Diverting Money From Veterans Fundraiser to His Campaign
An honest businessman. Photo: Olivier Douliery/AFP via Getty Images
A judge ordered President Trump to pay $2 million to a group of charities on Thursday, ruling that the president had broken the law by directing the proceeds from an event advertised as benefiting veterans to his presidential campaign instead.
The lawsuit stems from the wild days of the 2016 Republican primary. Because of a feud he maintained with Fox News at the time, Trump decided to skip a debate hosted by the network just before the Iowa caucuses in January 2016, and hold his own, competing event instead — a televised fundraiser for veterans. Shockingly enough, it turned out the event wasn’t quite on the level. Rather than having the foundation run the event and direct all proceeds to the charities, as promised, Trump did something quite different. As New York State Supreme Court Justice Saliann Scarpulla put it in her decision on Thursday:
“Mr. Trump’s fiduciary duty breaches included allowing his campaign to orchestrate the Fundraiser, allowing his campaign, instead of the Foundation, to direct distribution of the Funds, and using the Fundraiser and distribution of the Funds to further Mr. Trump’s political campaign.”
The lawsuit was brought by New York State attorney general Barbara Underwood, who announced last year that the Trump Organization would shut down amid her investigations into its well-documented chicanery. Though Trump had said on Twitter that he would fight the fundraiser case, his lawyers and the state have been in talks for months to negotiate a settlement.
It’s a loss for Trump, but $2 million is a minor blow in his universe — and the judge could have been harsher. She decided not to impose any punitive damages on the president, nor impose lifetime bans on him and his children from serving on the boards of New York–based charities in the future, conditions the state had been seeking. (Though she did put into place other restrictions involving his future charitable endeavors.)
Trump suffered another legal setback on Monday, when a federal appeals court ordered him to produce eight years of his personal and corporate tax returns, in a case likely headed for the Supreme Court.
This Is No Ordinary Impeachment
By Andrew Sullivan
This is not just an impeachment. It’s the endgame for
Trump’s relentless assault on the institutions, norms, and practices of
America’s liberal democracy for the past three years. It’s also a deeper
reckoning. It’s about whether the legitimacy of our entire system can last much
longer without this man being removed from office.
I’m talking about what political scientists call “regime
cleavage” — a decline in democratic life so severe the country’s very
institutions could lose legitimacy as a result of it. It is described by one
political scientist as follows: “a division within the population marked by
conflict about the foundations of the governing system itself — in the American
case, our constitutional democracy. In societies facing a regime cleavage, a
growing number of citizens and officials believe that norms, institutions, and
laws may be ignored, subverted, or replaced.” A full-on regime cleavage is,
indeed, an extinction-level event for our liberal democratic system. And it is
one precipitated by the man who is supposed to be the guardian of that system,
the president.
Let us count the ways in which Trump has attacked and
undermined the core legitimacy of our democracy. He is the only candidate in
American history who refused to say that he would abide by the results of the
vote. Even after winning the 2016 election, he still claimed that “millions” of
voters — undocumented aliens — perpetrated massive electoral fraud in the last
election, and voted for his opponent. He has repeatedly and publicly toyed
with the idea that he could violate the 22nd Amendment, and get elected for
three terms, or more.
He consistently described a perfectly defensible inquiry
into Russia’s role in the 2016 election as a “witch hunt” and a “hoax,”
demonizing Robert Mueller, even as Mueller, in the end, couldn’t find evidence
to support the idea of a conspiracy with Russia (perhaps in part because Trump
ordered no cooperation, and refused to testify under oath). Trump then withheld
release of the full report, while his pliant attorney general distorted its
content and wrongly proclaimed that Trump had been entirely exonerated.
In the current scandal over Ukraine, Trump is insisting
that he did “nothing wrong” in demanding that Ukraine announce investigations
into Joe and Hunter Biden, or forfeit desperately needed military aid. If that
is the president’s position — that he can constitutionally ask any other
country to intervene on his behalf in a U.S. election — it represents a view of
executive power that is the equivalent of a mob boss’s. It is best summed up in
Trump’s own words: Article 2 of the Constitution permits him to do “anything I
want.”
We have become so used to these attacks on our
constitutional order that we fail to be shocked by Trump’s insistence that a
constitutional impeachment inquiry is a “coup.” By any measure, this is an
extraordinary statement, and itself an impeachable offense as a form of
“contempt for Congress.” We barely blink anymore when a president refuses to
cooperate in any way, demands his underlings refuse to testify and break the
law by flouting subpoenas, threatens to out the first whistle-blower’s identity
(in violation of the law), or assaults and tries to intimidate witnesses, like
Colonel Alexander Vindman.
He seems to think in the Ukraine context that “l’état c’est
moi” is the core American truth, rather than a French monarch’s claims to
absolute power. He believes in the kind of executive power the Founders
designed the U.S. Constitution to prevent. It therefore did not occur to Trump
that blackmailing a foreign country to investigate his political opponents is a
classic abuse of power, because he is incapable of viewing his own interests
and the interests of the United States as in any way distinct. But it is a core
premise of our liberal democracy that the powers of the presidency are merely
on loan, and that using them to advance a personal interest is a definition of
an abuse of power.
There are valid criticisms and defenses of Trump’s policy
choices, but his policies are irrelevant for an impeachment. I actually support
a humane crackdown on undocumented immigration, a tougher trade stance toward
China, and an attempt, at least, to end America’s endless wars. But what
matters, and what makes this such a vital moment in American history, is that
it has nothing to do with policy. This is simply about Trump’s abuse of power.
He lies and misleads the American public constantly, in an
outright attempt to so confuse Americans that they forget or reject the concept
of truth altogether. Lies are part of politics, but we have never before seen
such a fire hose of often contradictory or inflammatory bald-faced lies from
the Oval Office. He has obstructed justice countless times, by witness
tampering, forbidding his subordinates from complying with legal subpoenas, and
by “using the powers of his high office, engaged personally and through his
close subordinates and agents, in a course of conduct or plan designed to
delay, impede, and obstruct” both the Mueller and now the Ukraine
investigations. (I quote from Article 1 of Nixon’s impeachment.) Trump has also
“failed without lawful cause or excuse to produce papers and things as directed
by duly authorized subpoenas issued by the Committee on the Judiciary of the
House of Representatives … and willfully disobeyed such subpoenas.” (I quote
from Article III of Nixon’s impeachment.) He has declared legal processes
illegitimate if they interfere with or constrain his whims and impulses.
This is not just another kind of presidency; it is a
rolling and potentially irreversible assault on the legitimacy of the American
regime. If the CIA finds something that could reflect poorly on him, then the
CIA is part of the “deep state coup.” Ditto the FBI and the State Department.
These are not old-fashioned battles with a bureaucracy over policy; that’s
fine. They are assaults on the legitimacy of the bureaucracy, and the laws they
are required to uphold. These are definitional impeachable offenses, and they
are part and parcel of Trump’s abuse of power from the day he was elected.
And most important of all, Trump has turned the GOP — one
of our two major parties with a long and distinguished history — into an
accomplice in his crimes. Senator Lindsey Graham, perhaps the most contemptible
figure of the last couple of years, even says he will not read witness
transcripts or follow the proceedings in the House or consider the evidence in
a legal impeachment inquiry, because he regards the whole impeachment process
as “BS” and a “sham.” This is a senator calling the constitutional right of the
House of Representatives to impeach a president illegitimate.
And the GOP as a whole has consistently backed Trump rather
than the Constitution. Sixty-two percent of Republican supporters have said
that there is nothing Trump could do, no crime or war crime, no high crime or
misdemeanor, that would lead them to vote against him in 2020. There is only
one way to describe this, and that is a cult, completely resistant to reason or
debate. The tribalism is so deep that Trump seems incapable of dropping below 40
percent in the national polls, and is competitive in many swing states. The
cult is so strong that Trump feels invulnerable. If Trump survives impeachment,
and loses the 2020 election, he may declare it another coup, rigged, and
illegitimate. He may refuse to concede. And it is possible the GOP will follow
his lead. That this is even thinkable reveals the full extent of our
constitutional rot.
Trump has fast-forwarded “regime cleavage.” He is appealing
to the people to render him immune from constitutional constraints imposed by
the representatives of the people. He has opened up not a divide between right
and left so much as a divide over whether the American system of government is
legitimate or illegitimate. And that is why I don’t want to defeat Trump in an
election, because that would suggest that his assault on the truth, on the
Constitution, and on the rule of law is just a set of policy decisions that we
can, in time, reject. It creates a precedent for future presidents to assault
the legitimacy of the American government, constrained only by their ability to
win the next election. In fact, the only proper constitutional response to this
abuse of executive power is impeachment. I know I’ve said this before. But on
the eve of public hearings, it is vital to remember it.
None of this presidential behavior is tolerable. If the
Senate exonerates Trump, it will not just enable the most lawless president in
our history to even greater abuses. It will deepen the regime cleavage even
further. It will cast into doubt the fairness of the upcoming election. It will
foment the conspiracy theory that our current laws and institutions are
manifestations of a “deep state” engineering a “coup.” It will prove that a
president can indeed abuse his power for his personal advantage without
consequence; and it will set a precedent that fundamentally changes the
American system from a liberal democracy to a form of elected monarchy, above
the other two branches of government.
I wish there were another way forward. But there isn’t. And
this, though a moment of great danger, also contains the glimmers of renewal.
Removing this petty, shabby tyrant from office goes a long way to restoring and
resetting the Constitution as a limit on power and a guarantee against its
wanton future abuse. It must be done. With speed, with vigor, and with
determination.
Is Trump the Worst President in History?
by Richard Striner
This Is No Ordinary Impeachment
By Andrew Sullivan
This is not just an impeachment. It’s the endgame for
Trump’s relentless assault on the institutions, norms, and practices of
America’s liberal democracy for the past three years. It’s also a deeper
reckoning. It’s about whether the legitimacy of our entire system can last much
longer without this man being removed from office.
I’m talking about what political scientists call “regime
cleavage” — a decline in democratic life so severe the country’s very
institutions could lose legitimacy as a result of it. It is described by one
political scientist as follows: “a division within the population marked by
conflict about the foundations of the governing system itself — in the American
case, our constitutional democracy. In societies facing a regime cleavage, a
growing number of citizens and officials believe that norms, institutions, and
laws may be ignored, subverted, or replaced.” A full-on regime cleavage is,
indeed, an extinction-level event for our liberal democratic system. And it is
one precipitated by the man who is supposed to be the guardian of that system,
the president.
Let us count the ways in which Trump has attacked and
undermined the core legitimacy of our democracy. He is the only candidate in
American history who refused to say that he would abide by the results of the
vote. Even after winning the 2016 election, he still claimed that “millions” of
voters — undocumented aliens — perpetrated massive electoral fraud in the last
election, and voted for his opponent. He has repeatedly and publicly toyed
with the idea that he could violate the 22nd Amendment, and get elected for
three terms, or more.
He consistently described a perfectly defensible inquiry
into Russia’s role in the 2016 election as a “witch hunt” and a “hoax,”
demonizing Robert Mueller, even as Mueller, in the end, couldn’t find evidence
to support the idea of a conspiracy with Russia (perhaps in part because Trump
ordered no cooperation, and refused to testify under oath). Trump then withheld
release of the full report, while his pliant attorney general distorted its
content and wrongly proclaimed that Trump had been entirely exonerated.
In the current scandal over Ukraine, Trump is insisting
that he did “nothing wrong” in demanding that Ukraine announce investigations
into Joe and Hunter Biden, or forfeit desperately needed military aid. If that
is the president’s position — that he can constitutionally ask any other
country to intervene on his behalf in a U.S. election — it represents a view of
executive power that is the equivalent of a mob boss’s. It is best summed up in
Trump’s own words: Article 2 of the Constitution permits him to do “anything I
want.”
We have become so used to these attacks on our
constitutional order that we fail to be shocked by Trump’s insistence that a
constitutional impeachment inquiry is a “coup.” By any measure, this is an
extraordinary statement, and itself an impeachable offense as a form of
“contempt for Congress.” We barely blink anymore when a president refuses to
cooperate in any way, demands his underlings refuse to testify and break the
law by flouting subpoenas, threatens to out the first whistle-blower’s identity
(in violation of the law), or assaults and tries to intimidate witnesses, like
Colonel Alexander Vindman.
He seems to think in the Ukraine context that “l’état c’est
moi” is the core American truth, rather than a French monarch’s claims to
absolute power. He believes in the kind of executive power the Founders
designed the U.S. Constitution to prevent. It therefore did not occur to Trump
that blackmailing a foreign country to investigate his political opponents is a
classic abuse of power, because he is incapable of viewing his own interests
and the interests of the United States as in any way distinct. But it is a core
premise of our liberal democracy that the powers of the presidency are merely
on loan, and that using them to advance a personal interest is a definition of
an abuse of power.
There are valid criticisms and defenses of Trump’s policy
choices, but his policies are irrelevant for an impeachment. I actually support
a humane crackdown on undocumented immigration, a tougher trade stance toward
China, and an attempt, at least, to end America’s endless wars. But what
matters, and what makes this such a vital moment in American history, is that
it has nothing to do with policy. This is simply about Trump’s abuse of power.
He lies and misleads the American public constantly, in an
outright attempt to so confuse Americans that they forget or reject the concept
of truth altogether. Lies are part of politics, but we have never before seen
such a fire hose of often contradictory or inflammatory bald-faced lies from
the Oval Office. He has obstructed justice countless times, by witness
tampering, forbidding his subordinates from complying with legal subpoenas, and
by “using the powers of his high office, engaged personally and through his
close subordinates and agents, in a course of conduct or plan designed to
delay, impede, and obstruct” both the Mueller and now the Ukraine
investigations. (I quote from Article 1 of Nixon’s impeachment.) Trump has also
“failed without lawful cause or excuse to produce papers and things as directed
by duly authorized subpoenas issued by the Committee on the Judiciary of the
House of Representatives … and willfully disobeyed such subpoenas.” (I quote
from Article III of Nixon’s impeachment.) He has declared legal processes
illegitimate if they interfere with or constrain his whims and impulses.
This is not just another kind of presidency; it is a
rolling and potentially irreversible assault on the legitimacy of the American
regime. If the CIA finds something that could reflect poorly on him, then the
CIA is part of the “deep state coup.” Ditto the FBI and the State Department.
These are not old-fashioned battles with a bureaucracy over policy; that’s
fine. They are assaults on the legitimacy of the bureaucracy, and the laws they
are required to uphold. These are definitional impeachable offenses, and they
are part and parcel of Trump’s abuse of power from the day he was elected.
And most important of all, Trump has turned the GOP — one
of our two major parties with a long and distinguished history — into an
accomplice in his crimes. Senator Lindsey Graham, perhaps the most contemptible
figure of the last couple of years, even says he will not read witness
transcripts or follow the proceedings in the House or consider the evidence in
a legal impeachment inquiry, because he regards the whole impeachment process
as “BS” and a “sham.” This is a senator calling the constitutional right of the
House of Representatives to impeach a president illegitimate.
And the GOP as a whole has consistently backed Trump rather
than the Constitution. Sixty-two percent of Republican supporters have said
that there is nothing Trump could do, no crime or war crime, no high crime or
misdemeanor, that would lead them to vote against him in 2020. There is only
one way to describe this, and that is a cult, completely resistant to reason or
debate. The tribalism is so deep that Trump seems incapable of dropping below 40
percent in the national polls, and is competitive in many swing states. The
cult is so strong that Trump feels invulnerable. If Trump survives impeachment,
and loses the 2020 election, he may declare it another coup, rigged, and
illegitimate. He may refuse to concede. And it is possible the GOP will follow
his lead. That this is even thinkable reveals the full extent of our
constitutional rot.
Trump has fast-forwarded “regime cleavage.” He is appealing
to the people to render him immune from constitutional constraints imposed by
the representatives of the people. He has opened up not a divide between right
and left so much as a divide over whether the American system of government is
legitimate or illegitimate. And that is why I don’t want to defeat Trump in an
election, because that would suggest that his assault on the truth, on the
Constitution, and on the rule of law is just a set of policy decisions that we
can, in time, reject. It creates a precedent for future presidents to assault
the legitimacy of the American government, constrained only by their ability to
win the next election. In fact, the only proper constitutional response to this
abuse of executive power is impeachment. I know I’ve said this before. But on
the eve of public hearings, it is vital to remember it.
None of this presidential behavior is tolerable. If the
Senate exonerates Trump, it will not just enable the most lawless president in
our history to even greater abuses. It will deepen the regime cleavage even
further. It will cast into doubt the fairness of the upcoming election. It will
foment the conspiracy theory that our current laws and institutions are
manifestations of a “deep state” engineering a “coup.” It will prove that a
president can indeed abuse his power for his personal advantage without
consequence; and it will set a precedent that fundamentally changes the
American system from a liberal democracy to a form of elected monarchy, above
the other two branches of government.
I wish there were another way forward. But there isn’t. And
this, though a moment of great danger, also contains the glimmers of renewal.
Removing this petty, shabby tyrant from office goes a long way to restoring and
resetting the Constitution as a limit on power and a guarantee against its
wanton future abuse. It must be done. With speed, with vigor, and with
determination.
Is Trump the Worst President in History?
by Richard Striner
Richard Striner, a professor of history at Washington College, is
the author of many books including Father
Abraham: Lincoln’s Relentless Struggle to End Slavery and Lincoln’s
Way: How Six Great Presidents Created American Power.
As the
chance of getting rid of Donald Trump — through impeachment or by voting him
out — continues to dominate the headlines, the historical challenge
is compelling. No president has been a greater threat to the
qualities that make the United States of America worthy (at its best) of our
allegiance.
The rise of
Trump and his movement was so freakish that historians will analyze its nature
for a long time. From his origins as a real estate hustler, this
exhibitionist sought attention as a TV vulgarian. Susceptible
television viewers found his coarse behavior amusing. Then he announced that he
was running for the presidency and it looked for a while like just another
cheap publicity stunt.
But
his name-calling tactics struck a chord with a certain group of
voters. Our American scene began to darken. Before
long, he was hurling such vicious abuse that it ushered in a politics of
rage. As his egomania developed into full megalomania, the “alt-right”
gravitated toward him.
The
“movement” had started.
More
and more, to the horror of everyone with power to see and understand, he showed
a proto-fascist mentality. So alarms began to spread: mental health
professionals warned that he exemplifies “malignant narcissism.”
Never
before in American history has the presidential office passed into the hands of
a seditionist. And the use of this term is
appropriate. With no conception of principles or limits — “I want”
is his political creed —he mocks the rule of law at every turn.
At a
police convention in 2017, he urged the officers in attendance to ignore their
own regulations and brutalize the people they arrest. He pardoned
ex-Arizona sheriff Joe Arpaio, who was convicted of criminal contempt of
court. He appointed Scott Pruitt to head the EPA so he could wreck
the agency and let polluters have the spree of their lives.
Trump
is fascinated by powerful dictators with little regard to human rights or
democracy. He compliments Vladimir Putin and hopes to invite that murderer
to stay in the White House. He likes Rodrigo Duterte of the
Philippines, a tyrant who subverts that nation’s democracy.
So,
Trump certainly has the personality of a fascist. But he is not
quite as dangerous as other authoritarians in history.
In the
first place, he lacks the fanatical vision that drove the great tyrants like
Hitler and Stalin to pursue their sick versions of utopia. He is
nothing but a grubby opportunist. He has no ideas, only
appetites. The themes that pass for ideas in the mind of
Donald Trump begin as prompts that are fed to him by others — Stephen Miller,
Sean Hannity, and (once upon a time) Steve Bannon. To be sure, he would fit
right in among the despots who tyrannize banana-republics. But that
sort of a political outcome in America is hard to envision at the moment.
Second, American
traditions — though our current crisis shows some very deep flaws in our
constitutional system — are strong enough to place a limit on the damage Trump
can do. If he ordered troops to occupy the Capitol, disperse the
members of Congress, and impose martial law, the chance that commanders or
troops would carry out such orders is nil.
Third,
Americans have faced challenges before. Many say he is our very worst
president — bar none. And how tempting it is to
agree. But a short while ago, people said the same thing about
George W. Bush, who of course looks exemplary now when compared to our presidential
incumbent.
The
“worst president.”
“Worst,”
of course, is a value judgment that is totally dependent on our standards for
determining “badness.” And any number of our presidents were very
bad indeed — or so it could be argued.
Take
Andrew Jackson, with his belligerence, his simple-mindedness, his racism as
reflected in the Indian Removal Act of 1830. Take all the
pro-slavery presidents before the Civil War who tried to make the enslavement
of American blacks perpetual: John Tyler, Franklin Pierce, James
Buchanan. Take James K. Polk and his squalid war of aggression against
Mexico. Take Andrew Johnson, who did everything he could to ruin the
lives of the newly-freed blacks after Lincoln’s murder.
The
list could go on indefinitely, depending on our individual standards for
identifying “badness.” Shall we continue? Consider
Ulysses S. Grant and Warren G. Harding, so clueless in regard to the
comparatively easy challenge of preventing corruption among their
associates. Or consider Grover Cleveland and Herbert Hoover, who blinded
themselves to the desperation of millions in economic
depressions. And Richard Nixon, the only president to date who has
resigned the office in disgrace.
Which
brings us to Trump.
However
incompetent or even malevolent some previous American presidents were, this one
is unique. The Trump presidency is a singular aberration, a defacement of norms
and ideals without precedent. However bad some other presidents were
all of them felt a certain basic obligation to maintain at least a semblance of
dignity and propriety in their actions.
Not
Trump.
Foul
beyond words, he lurches from one brutal whim to another, seeking gratification
in his never-ending quest to humiliate others. He spews insults in every
direction all day. He makes fun of the handicapped. He
discredits journalists in order to boost the credibility of crackpots and
psychopathic bigots. He accuses reporters of creating “fake news” so
he can generate fake news himself: spew a daily torrent of hallucinatory
lies to his gullible followers.
He
amuses himself — with the help of his money and the shyster lawyers that it
pays for — in getting away with a lifetime’s worth of compulsive frauds that
might very well lead to prosecutions (later) if the evidence has not been
destroyed and if the statute of limitations has not expired.
So
far, however, he is always too brazen to get what he deserves, too slippery for
anyone to foil.
Anyone
with half of ounce of decency can see this wretched man for what he
is. They know what’s going on, and yet there’s nothing they can do
to make it stop. And that adds to Trump’s dirty
satisfaction. Any chance to out-maneuver the decent — to infuriate them —
quickens his glee. It makes his victory all the more rotten, incites
him to keep on taunting his victims.
It’s
all a big joke to Donald Trump, and he can never, ever, get enough of
it.
The
question must be asked: when in our lifetimes — when in all the
years that our once-inspiring Republic has existed — have American institutions
been subjected to such treatment? How long can American morale and
cohesion survive this?
Nancy
Pelosi has said that in preference to seeing Trump impeached, she would like to
see him in jail. Current Justice Department policy — which forbids
the indictment of presidents — makes it possible for Trump to break our
nation’s laws with impunity. Impeachment is useless if the Senate’s
Republicans, united in their ruthlessness and denial, take the coward’s way
out.
So the
prospect of locking him up may have to wait. But the day of
reckoning for this fake — this imposter who will never have a glimmer of clue
as to how to measure up to his office — may come in due time. Then
the presidential fake who accuses his victims of fakery will live with some
things that are real: stone walls, iron bars, a nice prison haircut,
and the consequences of his actions.
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