P.S.

Yesterday, in addition to the post I planned to share, I accidentally posted what was meant to be today’s blog, about the FBI search of Mar-a-Lago–so today, I’ll just follow up by pointing to some of the rather obvious holes in Trump’s howls about being the focus of a “witch hunt.” (Actually,  witches are female–if this investigation really was just political theater, it would be a “warlock” hunt. But I digress.)

Heather Cox Richardson, among others, has joined those reminding folks that federal search warrants require the sign-off of a judge who–after reviewing the evidence provided by prosecutors–agrees that there is substantial probable cause to believe both that a crime has been committed and that a search will provide evidence of that crime.

She also reminded readers that, although the FBI cannot legally release such search warrants, the individual targeted  for the search must be given a copy, and is free to release it. If this were truly  a “warlock hunt”  and the search warrant was evidence of the absence of probative probable cause supporting the search, you can be sure Trump would have released it .

Legal analysts have pointed out that the law also requires the FBI to give Trump an inventory of what they found and confiscated–and according to several reports, agents removed ten boxes of materials found during the search. Those ten boxes were in addition to the fifteen boxes that Trump formerly returned after repeated demands from federal archivists. Trump could also release that inventory if it bolstered his claim that he is being unfairly targeted.

Trump’s retention of all these materials was a clear violation of federal law–but just as clearly, violating federal records law would not have been considered a sufficient violation to support the issuance of a search warrant for a former President’s residence.

Whatever the suspected crime, it ‘s clearly far more serious.

As usual, there has been an unhinged response from the “law and order” Right. As The Washington Post reported,

For months, right-wing agitators with millions of followers have peddled the idea that a moment was coming soon when violence would become necessary — a patriotic duty — to save the republic.

With the FBI search Monday of Donald Trump’s compound in Florida, that moment is now, according to enraged commentators’ all-caps, exclamation-pointed screeds urging supporters of the former president to take up arms. Within hours of the search at Mar-a-Lago, a chorus of Republican lawmakers, conservative talk-show hosts, anti-government provocateurs and pro-Trump conspiracy theorists began issuing explicit or thinly veiled calls for violence.

“Today is war. That is all you will get on today’s show,” right-wing podcaster Steven Crowder announced Tuesday to his nearly 2 million followers on Twitter, referring to the program that goes to his YouTube audience of 5.6 million.

Robert Hubble’s daily letter addressed that hysteria, and the media’s widespread coverage of Trumpist rage. He reminded readers that–despite the avalanche of threats of violence and even civil war on Twitter and other social media platforms –the people leveling those threats represent a small percentage of the American public.

The Post was less sanguine.

If the goal is to normalize vigilante violence as a political response, studies show that the tactic seems to be working.

A recent Washington Post-University of Maryland poll found that about 1 in 3 Americans say they believe violence against the government can at times be justified, the largest share to feel that way in more than two decades. Other studies similarly have found a growing tolerance of violent ideologies that historically were confined to fringe elements.

Hubble wasn’t recommending that we dismiss the threats. As he conceded,

The reaction on the right is serious because of what it says about the unraveling of the Republican Party. The outlandish and unhinged threats (including calls for secession, civil war, dissolution of the FBI, and gutting of the DOJ) show that the Republican Party is opposed to the rule of law and the institutions of state necessary to maintain peace and security. In their opposition to the federal government, Republicans are deadly serious and dangerous—whether Trump wins in 2024 or not.

I am confident that Garland did not err in choosing to execute a search warrant rather than issuing a subpoena. Indeed, given his overly cautious nature, my belief—rank speculation, I admit—is that Trump removed documents vital to national security or military alliances that could be devastating if they fall into the wrong hands.

Every Republican rallying to Trump’s defense must be secretly thinking, “Oh, God! What did he do? I hope it isn’t really bad!” Trump could dispel some of that uncertainty by releasing the search warrant—an omission that must be ominous for Trump’s defenders.

As I said yesterday, stay tuned……

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About That FBI “Raid”

The “usual suspects” are pontificating and Democrats are engaging in what appears to be enjoyable speculation. (Trump has been selling state secrets to the Saudis/Russians/Extra-terrestrials…)

We don’t know.

In fact, we wouldn’t know that the FBI had executed a search warrant at Mar-a-Lago had his Orangeness not begun fundraising off his own announcement of the search. What we do know is that this wouldn’t have occurred absent a really well-documented belief that serious lawbreaking had occurred.

As Josh Marshall recently put it at Talking Points Memo: 

The best assumption is the obvious and initial one: we’re dealing with three key players (Garland, Wray and a federal judge) each of whom would bring a distinct and deep-seated resistance to taking such a step absent evidence of serious criminal conduct and specific circumstances which made the need for a surprise search compelling and necessary. That strongly suggests that there is more afoot here than we yet know.

I will note again what I referenced last night. If you read the reports from the biggest national news organizations what is most striking is how little they seem to know. They believe it’s tied to the 15 box document retention investigation which goes back like a year. But even that seems vague and they don’t seem to know much more. As I said above, this isn’t our first rodeo. Usually after an event like this the most sourced reporters are able to put together a pretty full picture pretty quickly. But that doesn’t seem to be happening. At least not based on the stories I’ve read. That speaks to an extreme secrecy uncommon even in the most delicate and politically-charged investigations.

The Wall Street Journal  notes that authorization for the raid required approval of the “highest echolons” of the Justice Department. 

Before the FBI search, a federal magistrate would have approved a warrant for FBI agents to search the property, indicating investigators may have believed there was additional classified information at the location.

The search also would likely have required signoff from the highest echelons of the Justice Department, including Attorney General Merrick Garland, who was appointed by President Biden, and Christopher Wray, the FBI director appointed by Mr. Trump in 2017, current and former department officials said. A Justice Department spokeswoman declined to comment Tuesday. Mr. Garland has said little publicly about any of the Justice Department’s Trump-related investigations other than noting to reporters that no one is above the law.

One of the most pointed descriptions of the FBI’s execution of its search warrant came from Wired, which reported:

Monday’s search of the former president’s Mar-a-Lago property in Florida was surely one of the most significant, sensitive, and politically explosive actions the US Justice Department and FBI have ever taken. It’s one of a tiny handful of times the DOJ has ever investigated a president. And it’s an action that likely indicates the FBI and prosecutors had specific knowledge of both a definable crime and the evidence to back it up.

 The actual search warrant, which would list specific crimes being investigated, has not been released yet. According to Monday night news reports, however, the search focused on questions about a number of boxes of classified documents that Trump took from the White House to his Florida mansion after leaving the presidency.

While it may take months to learn more about the underlying investigation, the fact that the FBI launched such a high-profile search already tells us a great deal about the state of the Justice Department’s case.

 Federal search warrants aren’t fishing expeditions. The FBI’s warrant had to be approved  at the highest level of both the FBI and the Justice Department, and approval would have required substantial evidence of probable cause. The Journal acknowledged that previous FBI scandals have made the bar for probable cause and sign-off by the department’s upper levels even higher.

The Justice Department’s 2016 decision not to prosecute Hillary Clinton for her sloppy handling of classified materials as secretary of state raises the bar for any prosecution stemming from Trump’s handling of classified documents….which means that in order to pursue this Trump investigation, there would have to be more serious (and criminal) concerns than there were in the investigation of Clinton.

 Thus, we’re left with the big question the FBI is ultimately trying to investigate right now: Who would have benefited from Trump taking home these particular documents—and why?

As the Wired article concludes :

Wray, Garland, and Deputy Attorney General Lisa Monaco have made it clear throughout their careers and public statement that they are institutionalists. Far from being aggressive, partisan investigators, all three have shown themselves over the past 18 months to be reserved, careful, and legally and evidentiarily conservative.

The bottom line of Monday’s search is that the FBI and the Justice Department must have been inordinately clear that they had the goods—and someone’s legal trouble is just beginning.

Stay tuned…

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Once A Grifter…

Whenever there is discussion on this blog about why thus-and-so happened, someone will inevitably post a comment containing “follow the money.” I wish I could say I disagree with the premise that–no matter what the subject is–money is a substantial part of the explanation, but I can’t. (The problem with dismissing adages of this sort is that, no matter how hackneyed, they tend to reflect reality.)

One of the most illuminating aspects of  the testimony that emerged from the June 13th hearing  of theJanuary 6th Committee was the obscene amount of money Trump raised in the run-up to January 6th–and the blatant dishonesty of the way he raised and distributed it. As the Daily Beast reported,

The committee also alleged that the Trump campaign and its allies used those false claims to exploit donors, to the tune of hundreds of millions of dollars. In perhaps the most egregious instance, multiple campaign officials told the committee that the “official election defense fund” mentioned in fundraising emails didn’t even exist. It was just a marketing ploy to extract money, which was then divvied up among a number of accounts.

And while Trump and GOP allies did end up igniting millions of dollars on the legal altar, most of the donations went elsewhere. A slide put together by congressional investigators pointed out that $5 million went to Event Strategies, which helped set up the rally at The Ellipse near the White House where Trump fired up an angry crowd that later attacked the Capitol building. They also noted that last year, $1 million went to the nonprofit that hired his chief of staff Mark Meadows, with another $1 million going to the America First Policy Institute, which backed the social media lawsuit Trump lost in April. Another $204,857 was funneled to the Trump Hotel Collection.

“The Big Lie was also a big rip off,” Lofgren said.

Co-chair Liz Cheney (R-WY) said the panel would explore that element in a future hearing.

I can hardly wait…

As Representative Lofgren pointed out, people making these small donations are entitled to know where their money is actually going. According to the findings of the investigation, however, funds were not only diverted from their purported purpose, it wasn’t inadvertence; that was pretty clearly the intent from the start.

As the Independent reported,

Donald Trump’s presidential campaign raised $250 million from supporters by telling them the money would be used to fight voter fraud, but the campaign knew those claims of fraud were bogus and instead diverted the money to his own political organisation, the House committee investigating the January 6 attacked claimed on Monday.

Mr Trump’s campaign sent millions of fundraising emails to supporters encouraging them to donate to help fight voter fraud between election day and January 6, the committee said. Many of those emails asked supporters to donate to an “election defense fund” for legal cases related to the election.

 However, an investigator for the committee said that fund did not exist, and most of that money went Mr Trump’s ‘Save America’ political action committee, not to election-related litigation.

“The evidence highlights how the Trump campaign pushed false election claims to fundraise, telling supporters it would be used to fight voter fraud that did not exist,” said Amanda Wick, senior investigative counsel for the House committee.

“The Trump campaign knew these claims of voter fraud were false yet they continued to barrage small-dollar donors with emails encouraging them to donate to something called the ‘Official Election Defense fund.’ The select committee discovered no such fund existed,” she added.

Everything this man ever touched was a grift–a con job. Trump steaks, vodka, University…the list goes on. Most sentient Americans concluded long ago that–in addition to his repellent personal characteristics–Trump was a petty crook, not a businessman.

The question we confront isn’t whether Trump himself was guilty of lies big and small, or whether he constantly engaged in unethical and illegal activities. We know the answer to that. The question–to which I have absolutely no answer–is why so many Americans see him as somehow admirable, as someone deserving of their loyalty and money.

The only answer that makes any sense is that these people–these members of the cult–live in an alternate reality, an information bubble in which Fox is actually a news organization, the My Pillow nutcase has access to classified information, Sidney Powell and Rudy Guliani are competent lawyers, and every “legacy” news source is part of a”deep state” conspiracy financed by George Soros that is lying to them.

There’s a diagnosis for people who believe those things…..

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The Cult Is Armed

Last week, Politico ran an interview with a scholar of autocracy.You really–really–need to click through and read it in its entirety, because I lack the space and ability to offer a coherent synopsis.

The scholar, Ruth Ben-Ghiat, had made accurate predictions about Trump’s likely refusal to concede his 2020 defeat, and she made them well in advance of the election. During the course of the interview, she made several other penetrating observations. Among them: the likely permanence of the changes Trump has effected to the GOP. She says that his sway over the party has permanently transformed its political culture, changing it to an authoritarian party in which you don’t only go after external enemies, but also after internal ones. Authoritarian parties don’t allow dissent

When somebody like Trump comes on the scene and holds office, it’s really like an earthquake or a volcano, and it shakes up the whole system by gathering in this big tent all the extremists, all the far-right people, and giving them legitimation. The GOP was already going away from a democratic political culture, but he accelerated it and normalized extremism and normalized lawlessness. And so the GOP over these years has truly, in my estimation, become an authoritarian far-right party. And the other big story is that his agenda and his methods are being continued at the state level. Some of these things were on the agenda way before he came in, like getting rid of abortion rights and stuff like that. But these states are really laboratories of autocracy now, like Florida, Texas.

Ben-Ghiat made a particularly important point about a favorite Republican talking point that she noted is a time-honored strategy of right-wing authoritarianism. Authoritarians like to label democratic systems as tyrannical. (Psychiatrists might call that projection.) According to Ben-Ghiat, Mussolini was the first to make the accusation that democracies are tyrannical, democracies are the problem. That introduced a whole century’s worth of the strategy of calling sitting Democrats dictators. “Biden as a social dictator, [is] a phony talking point. It has so many articulations from “They’re forcing us to wear masks.”

Her observations about the “Big Lie” were equally interesting, especially for those of us who have read psychological profiles of Trump.

The genius of the “big lie” was not only that it sparked a movement that ended up with January 6 to physically allow him to stay in office. But psychologically the “big lie” was very important because it prevented his propagandized followers from having to reckon with the fact that he lost. And it maintains him as their hero, as their winner, as the invincible Trump, but also as the wronged Trump, the victim. Victimhood is extremely important for all autocrats. They always have to be the biggest victim.

There are several other points in the interview worth pondering, especially her acute observations about Ron DeSantis, but the one that really struck home with me was her response to the question whether the U.S. faces a civil war. She began by saying that she thought it unlikely.

But then she made a point I’d not previously considered.

I think that it’s not out of the realm of possibility, because if the Republicans tried to impeach Biden and impeach Harris, there would be protests. Whether that becomes a civil war is very different because it’s predominantly only one side which is armed, first of all….

The wild card is guns. No other country in peace time has 400 million guns in private hands. And no other country in peacetime has militias allowed to populate, has sovereign sheriffs, has so many extremists in the military, and that matters because of these other things. And in fact, if January 6 didn’t bring out a massive protest, what is going to bring out a massive protest? Because that showed that groups of people who were there were people unaffiliated with any Proud Boys or any radical group. And Robert Pape, who studied them, called them middle-aged, middle class, but they were all armed. Some of them had private arsenals and they showed up at January 6. So that’s the wild card. That’s one thing that’s extremely American, that violence, that the population believes it has the right to rebel against tyrannical government. Like Matt Gaetz says: The Second Amendment is not just about hunting. And here we go back to the idea of Biden as a dictator. And that only works if your citizenry is armed and ours is to a degree that no other country is in the entire world.

The insanity of America’s gun culture has been evident for a long time. What hasn’t been evident is the fact that “only one side is armed.”

Read the whole interview.

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An Explanation That (Unfortunately)Makes Sense

As the Republican Party has morphed from a traditional political party into a White Christian Nationalist cult, pundits and academics have spent a lot of time studying the “base”–the GOP voters who have embraced the radicalization–and have developed a variety of theories about why so many “average Americans” have succumbed to its appeal. (Most of the research projects have come to the same conclusion I have: it’s pretty much all grounded in racism.)

Much less time and attention has been directed toward analyses of the conservative intellectuals whose theories of society were protective of tradition and who proposed policies justified by those theories. A few of them–especially those who were also political strategists–have been horrified by what the GOP has become, and departed, but most have embraced the mob dynamic.

The question is, why? Surely they are bright enough to see how destructive–even nihilistic– today’s GOP has become.

A recent essay by Damon Linker in The Week explored that phenomenon.Linker was once a part of that conservative intelligencia, working for four years at First Things.

Much has been written about the transformation of the GOP over the past several years from the party of Ronald Reagan to the party of Donald Trump and his populist imitators. But at the same time a parallel change has been taking place among conservative intellectuals.

This evolution of ideas and temperament has been catalyzed by the political shift to Trumpian politics, but it isn’t reducible to that change. Ideas, like psychological dispositions, shift according to their own logic. What we have been witnessing among growing numbers of conservative thinkers is a process of self-radicalization driven by the interaction of political events with prior ideological assumptions and moods.

Linker says that what he terms “self-radicalization” has been triggered by hope.

As he explains, during the George W. Bush Presidency, when the intellectuals within the First Things community met  to discuss the state of the country and the world, those meetings regularly “devolved into a cry of cultural despair, even though a friend and ally was then ensconced in the White House.”

That’s because the people in the room were profoundly alienated from the moral, cultural, and spiritual drift of contemporary American life, and they didn’t expect that to change. They supported the Bush administration and were willing to provide a public defense of its policy agenda. But in private they doubted any of it would fundamentally change the most troubling trends unfolding around them. Abortion would remain legal. Homosexuality would keep being normalized and even celebrated. Pornography would continue to permeate the culture. Euthanasia would become more widely accepted. Secularism would persist in its march through the country and its institutions.

According to Linker, despair has generally been the default disposition of these opponents of  cultural, moral, and political change. Despite the arguments  they marshaled against such changes, most (at least according to Linker) doubted they would be able to stem the tide. They fully expected to lose the fight for the culture.

By the time Trump burst on the scene in the summer of 2015, the traditionalist right had nearly given in to outright despair, even in public, with many moving into a purely defensive position. No longer hoping to reverse the direction of the culture, they now hoped they might merely receive modest federal protection from persecution at the hands of emboldened secular liberals.

Their embrace of someone like Trump might seem strange for defenders of “moral purity,” but Linker explains. They might not win the culture war, but in Trump, they saw someone who could tear down “the administrative state” and destroy government’s power to enforce liberal rules and regulations. He could rally popular opposition to “the reigning consensus of bending history toward justice defined in liberal-progressive terms.”

Trump or a populist successor “could at long last give conservatives their chance — not by slowing an inevitable march to the secular left but by razing the liberal edifice altogether, making it possible to found society anew on properly conservative foundations.”

In other words, if you can’t change it, destroy it.

Linker’s final paragraphs are chilling.

What comes next for these conservative intellectuals? Are they prepared to offer unconditional support for another Trump run for the White House, despite his treacherous words and deeds during the two months following the 2020 election? Are there any lies from the candidate or potentially reinstated president that would prove to be deal-breakers? Any acts or policies that would be considered a bridge too far? Or would they be willing to countenance just about anything in return for a presidential promise to crush the infamous enemy, the liberal-progressive regime that currently governs America?

We will learn the answers to these ominous questions soon enough.

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