Tuesday, September 1, 2020

 

Trump’s Reelection Campaign Is Corrupting the Entire Federal Government

Photo: Shutterstock

Last week, President Trump broke precedent, if not the law, by staging his convention at the White House. “The fact is, I am here,” he announced, gesturing at the White House behind him. “What is the name of that building?”

This moment was not merely pregnant with symbolism. It was the blueprint for a pillar of Trump’s reelection strategy, which is to turn the federal government into an apparatus for his reelection campaign.

There has been a flurry of recent reports on new and unprecedented government activity. All of these developments follow the same theme.

Intelligence director limits election-security briefings.

On Friday, Director of National Intelligence John Ratcliffe, an administration loyalist who has echoed the president’s conspiratorial views, announced it would end the traditional briefings to Congress on election security. Instead, it would give only written briefs, which prevent Congress from asking questions or pushing back.

The context for this change is important. Russia is continuing active measures to help support Trump’s reelection. The most visible of these measures is that its proxy agents are pumping distorted or one-sided recordings of Joe Biden to pro-Trump figures, which have been disseminated by both Trump and his allied media sources, to further a false narrative of corruption. A report by the Republican-controlled Senate Intelligence Committee last year found, even more alarmingly, that Russian hackers probed online weaknesses in election infrastructure in all 50 states.

It is far from certain that any such hacking attempt will actually materialize this year. But what is clear is that Russia remains the most active foreign election-security threat.

Ratcliffe is instead promoting Trump’s narrative that China poses the greatest threat. “When we talk about malign foreign influence, multiple countries are engaged, but none at the level China is,” Ratcliffe told Fox News on Sunday. He insisted that he was curtailing intelligence briefings because Democrats had “leaked classified information for political purposes, to create a narrative that simply isn’t true, that somehow Russia is a greater national security threat than China.”

Of course, whether China or Russia poses a greater national security threat is a matter of opinion. It’s certainly plausible to defend Trump’s position that China is a more important adversary. But Ratcliffe is using that to obscure the fact that Russia poses a more important election-security threat, according to both the administration’s own intelligence and a bipartisan Senate report.

Trump is mailing out Trump bucks before the election.

Earlier this summer, negotiations over budget stimulus broke down, mainly due to internal Republican disagreements — some Republicans want fiscal stimulus, others don’t, and Trump is most keen on a payroll-tax suspension that has little support in either party. Trump announced he was breaking off negotiations and unilaterally extending unemployment benefits and halting collection of the payroll tax.

At first the measure appeared completely moribund. But the government is working around the limits, at least partially. Forty states have signed up for a limited extension of unemployment benefits, which will begin reaching workers early this month, and run through October. While the economic value of the payments is small, it is optimized to deliver its biggest punch in the run-up to the election.

Trump’s payroll-tax suspension has fared more poorly. Businesses have largely held off on participating, due to concerns that if they withhold collections now, they may be stuck with a huge bill next year. But Trump has devised a partial workaround to this obstacle, too: The federal government will suspend payroll taxes for its employees, the administration announced yesterday.

Federal workers are not happy about this plan, which will give them a bigger paycheck this fall, only to load up a gigantic tax burden in January. But for Trump’s purposes, it works very nicely. Employees will get a big raise in the weeks leading up to the election.

FDA might release a vaccine early.

Trump has been pressuring the Food and Drug Administration to accelerate therapies and vaccines. The pattern is that he attacks the agency as a tool of the “deep state,” and pressures its administrators to submit to his political agenda:

This of course is Trump’s familiar projection at work. He assumes FDA scientists could only be motivated by political considerations, because Trump is only motivated by political considerations.

FDA Commissioner Stephen Hahn gives every sign of submitting to Trump’s pressure. Last week, the agency cooperated with a splashy announcement that it was authorizing blood plasma treatments, despite insufficient evidence of their efficacy. Sunday, Hahn told the Financial Times he might approve emergency usage of the Oxford vaccine before it had completed its phase three trials. This could open the door to a Trump vaccine announcement in October, allowing him to benefit from the appearance that the pandemic is about to disappear, even if reality does not match the promise.

Anthony Fauci quickly warned that a premature vaccine release could prove counterproductive. But for Trump’s purposes, the perception of solving the crisis before the election, followed by a cold splash of reality after, would suit him perfectly.

HHS unveils an election slush fund.

Politico has obtained a Health and Human Services contract for $250 million to communications firms to promote the Trump administration’s message on the coronavirus. Spending money to promote public-health information is a completely legitimate use of taxpayer dollars. But spending money to make people feel good about the government is not.

In the context of a presidential campaign, $250 million is a lot of money.
And the administration’s plan seems almost indistinguishable from a generalized campaign message. “By harnessing the power of traditional, digital and social media, the sports and entertainment industries, public health associations, and other creative partners to deliver important public health and economic information the administration can defeat despair, inspire hope and achieve national recovery,” the document instructs.

This is not spending to promote sound public-health behavior. (Trump himself has undermined this guidance since the beginning of the pandemic.) It is spending to make people feel good about the status quo and make them believe that a national recovery is underway.

A federal task force is combating “left-wing terrorism.”

At his press conference yesterday, Trump announced a joint Justice Department–Homeland Security task force to “investigate violent left-wing civil unrest.”

Of course there is some civil unrest. But its scale, confined to small sections of a couple cities, has been massively exaggerated by Trump and his media allies. Much more troubling is the fact that, while violence has been stoked by extremists at both ends of the political spectrum, Trump is identifying the perpetrators entirely with the left. In his press conference yesterday, he defended an armed gunman who is being charged with murder in Kenosha, and insisted that Trump fans who drove through Portland firing paintballs at demonstrators were merely defending themselves.

Trump’s unhinged rhetoric would just be a Trump problem, were it not for the fact that the government appears to be following his lead. Acting Homeland Security Secretary Chad Wolf told Tucker Carlson last night he is “working” on a plan to arrest leaders of Black Lives Matter, who he claims are instigating a violent plot. Trump’s Homeland Security officials have already ignored or downplayed threats involving right-wing terrorism, which has resulted in a number of deadly shootings.

It’s common for Trump to announce a measure that sounds terrifyingly authoritarian, only for the scheme to bog down in the bureaucracy and amount to little. Wolf and Barr may or may not have a workable scheme to crack down on Black Lives Matter while leaving armed right-wing goons unmolested. At minimum, they are using federal law enforcement as a platform to disseminate Trump’s propaganda message that violent threats are coming exclusively from the left.

***

Events are moving quickly, and we do not have perfect information about what all this means. It may add up to less than what it appears at the moment. Many times before, career officials or even political appointees have reeled back Trump’s most corrupt or dangerous orders.

But there is a pattern in all these events: They describe recent actions by the federal government; they all serve the purpose of enabling Trump’s election; and they all conscript the power of the federal government in novel ways.

It has the appearance of coordinated action — as if Trump has ordered every arm of the government to generate whatever tools can be placed at the disposal of his reelection.

 

 

What Are the Chances Trump Could Actually Go to Jail?

New York state legal experts—and one of the president’s biographers—weigh in.

by James Bruno

August 11, 2020

POLITICS

The White House/Flickr

Will America soon have its first Shawshank President? Will Donald Trump find himself fending off riots in the Attica mess hall? Tweetless and at the mercy of 2,000 “angry Democrat” inmates?

A number of recent developments show that one cannot rule it out. Things took a decidedly serious turn last week when New York prosecutors told a federal judge that there were “public reports of possibly extensive and protracted criminal conduct at the Trump Organization.” They added that they that they may also be investigating possible crimes involving bank and insurance fraud, according to the New York Times, which also reported that Deutsche Bank has been complying with a Manhattan District Attorney’s Office subpoena for months, turning over detailed financial records in connection with some $2 billion the bank has lent Trump.

The news comes on the heels of a Supreme Court ruling last month that declared the president was not immune from state criminal investigations, therefore clearing the way for a New York grand jury to subpoena Trump’s financial records, an effort spearheaded by Manhattan District Attorney Cyrus R. Vance Jr.

For Trump, the stakes couldn’t be higher once he leaves office: He could go from the White House to the Big House.

So, I asked some experts the likelihood that the president could really wind up in a New York prison. “Absolutely yes, if we are a nation of equal justice and Trump is convicted of serious felonies,” Trump biographer David Cay Johnston told me. But he quickly added, “Whether it happens is entirely unpredictable.”

Still, New York has a real chance at putting Trump behind bars. The state has jurisdiction over most of his properties and operations relating to his 2016 presidential campaign. Crucially, states also are not subject the U.S. Department of Justice’s rule that a sitting president may not be prosecuted for federal crimes. Trump, therefore, is stripped of his four-year kryptonite shield if he is re-elected. A state indictment of a sitting president, though historically unprecedented, is entirely possible. His DOJ-Roy Cohn, Bill Barr, is constitutionally powerless to intervene.

That should make Trump uneasy, especially as New York Attorney General Letitia James ramps up her own investigations. “We will use every area of the law to investigate President Trump and his business transactions and that of his family,” she declared after taking office two years ago.

At the same time, Vance’s subpoena appears to go beyond obtaining financial records relating to alleged pre-election hush money payments to silence two women, Stormy Daniels and Karen McDougal. Both of the women claim to have had affairs with Trump. Information gleaned from the DA’s inquiry could expose tax cheating and money laundering as well as bank and insurance fraud, which are felonies.

Johnston told me he’s confident that Vance already has Trump’s New York tax filings. Even though the IRS and state tax authorities share tax information on citizens and business entities, it’s unclear whether he also has the president’s federal returns. The DA is seeking Trump’s financial records from his accounting firm Mazars USA in addition to Deutsche Bank—to compare that data with what he already possesses, looking for corroborating information, according to Johnston.

“Trump has a well-documented history as a tax 

cheat and for hiding business records,” Johnston 

said. “This is garden variety tax fraud, a straight-up 

tax scam that could easily be a felony.”

That doesn’t necessarily mean he will go to jail. More often than not, tax cheats get away with heavy fines in lieu of prison sentences, Johnston said. Moreover, Trump, like many very wealthy people, will continue to throw monkey wrenches into the judicial system with appeal after appeal and other rope-a-dope tactics until revenue agencies finally become open to a low-punitive settlement.

This is echoed by Duncan Levin, formerly a senior staff member under District Attorney Vance and an ex-assistant U.S. attorney. Whether the president would actually be sentenced to prison is a political call, Levin said. “Can you imagine an ex-U.S. president actually being sent to prison?” he told me. “It’s inconceivable that Trump didn’t know about the hush money payments. But it’s highly unlikely that he’d be arrested on misdemeanor charges. They would have to be very serious felonies.” False statements to financial institutions would count.

More likely, he added, the DA may be zeroing in at this point on Trump’s inner circle. “Michael Cohen didn’t act alone. He collaborated with people within the Trump organization to cover up the hush payments just before the election,” Levin said. Look, at least initially, for indictments of Trump underlings.

The good news, though, is that Vance will not put off his investigation and possible indictments until after the November election. DA’s proceed on cases irrespective of extraneous events, including a general election, Levin said.

But the hope of many that Trump could finally be held accountable for his crimes may be remote. At most, one can imagine him behind bars at a white-collar correctional facility like that of his former lawyer Michael Cohen, as opposed to hard time at a penitentiary like Attica. For now, though, time will tell. The Americans who want to see justice carried out are more likely to watch this shamed crook-in-chief spending his remaining years out of office consumed in exhausting and financially draining legal battles, fully exposed for the criminal he’s always been.


James Bruno

James Bruno is a Washington Monthly contributing writer and former U.S. diplomat. Read his blog, DIPLO DENIZEN, and follow him on Twitter @JamesLBruno. The opinions and characterizations in this article are those of the author, and do not necessarily represent official positions of the U.S. government
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