May 8th 2019

Trump Is Now Above the Law

 

WASHINGTON, DC – Things have gotten ugly in Washington, DC, since the release last month of special counsel Robert Mueller’s report on Russian interference in the 2016 US presidential election, and they’re about to get uglier. It’s now clear that the United States has an attorney general who believes his job is to protect the president, facts be damned. During his testimony before the Senate Judiciary Committee last week, William Barr, the country’s top law-enforcement official, obfuscated and lied with contempt and abandon. 

Barr’s self-designation as President Donald Trump’s defense attorney and fixer came as no surprise to those who recall how, as attorney general in President George H.W. Bush’s administration, he helped to cover up the Iran-Contra scandal of the late 1980s. He auditioned for his second stint in the post by writing an unsolicited 19-page memo arguing that, by definition, a president cannot obstruct justice, and that Mueller’s investigation of that issue was thus “fatally misconceived.” It is his preposterous position that a president can block an investigation of himself if he believes it’s unfair. 

In Barr, Trump finally has his Roy Cohn, the infamous New York attorney who got Trump out of various legal scrapes. Trump was furious that his first attorney general, Jeff Sessions, recused himself from the Russia investigation, and eventually fired him. Despite providing ten examples of likely obstruction, Mueller observed a questionable Department of Justice guideline against indicting sitting presidents, abstained from deciding whether Trump should be charged, and called on Congress to decide. But Barr stepped in to declare Trump’s innocence, first in a March 24 letter to Congress ostensibly summarizing Mueller’s conclusions, and again in a bizarre press conference 90 minutes before he released a redacted version of the report. In his Senate testimony, he claimed not to understand why Mueller declined to decide about obstruction charges. By the time Barr testified, his March 24 letter had been discredited. 

The day before Barr’s Senate testimony, The Washington Post disclosed that Mueller had written to Barr to object that his letter “did not fully capture the context, nature, and conclusions” of the report. Mueller urged Barr to release Mueller’s own summaries of the two volumes of the report. By writing his own and waiting to disclose the report, Barr gained time to spin a false narrative about its findings – “total exoneration,” as Trump put it. Though Mueller would not recommend charging Trump, his report said explicitly that it wasn’t exonerating him. More than 450 former federal prosecutors have since signed an open letter stating that, but for the Justice Department guideline, Trump would have been charged with obstruction. 

After overseeing a two-year investigation with no leaks at all, Mueller’s “going to paper,” as it’s called in government circles, was extraordinary. It is understood that the writer intends such communications to become public. In his Senate testimony, an obviously annoyed Barr dismissed Mueller’s letter as “snitty,” and said that it was “probably written by one of his staff people.” 

More significantly, after Barr had received Mueller’s letter, he testified to the House Appropriations Committee that he didn’t know how Mueller felt about his own March 24 letter. Now that Committee members knew Barr had already received Mueller’s letter, they called on him to resign. Nancy Pelosi, the Democratic Speaker of the House, accused Barr of lying to Congress, noting that this is “a crime.” 

Barr disgraced himself in his Senate testimony and emerged badly bruised. Not surprisingly, he refused even to show up for a scheduled House Judiciary Committee hearing the next day. (Ostensibly, he objected to the committee’s plan to have staff counsel ask questions – a routine matter.) 

The question now is whether House Democrats will launch impeachment proceedings against Trump. So far, Pelosi has resisted this, fearing a partisan brawl that would rally the Republican base to support Trump all the more fervently. And, because the Republican-controlled Senate is unlikely to provide the two-thirds vote needed to convict Trump and remove him from office, she believes that Democrats should devote their energy to defeating him in the 2020 election. And a Democratic victory had to be decisive, she said recently, or Trump might challenge the result and even refuse to leave office – a prospect that has gained currency in Washington.   

On the other hand, failure to hold a president accountable between elections could set a dangerous precedent and encourage even more authoritarian behavior from Trump. Even if Senate Republicans continued to protect Trump (privately, most believe him to be dangerous), House Democrats could still make clear that the president’s behavior was unacceptable. 

Pelosi has insisted that, “We’re not there yet.” Both she and Trump appear to be stalling for time – at some point, it will be too close to the 2020 election to launch an impeachment process. But events may force Pelosi’s hand. Trump is now trying to shield himself against further inquiries, not just into the Russia matter but also into his business practices (he’s the first president in decades not to disclose his tax returns), and whether his private dealings affected his foreign policy. “It’s done,” he proclaimed, portraying the Democrats as obsessed with investigating him rather than getting on with issues that interest the public – a charge many Democrats fear. Trump now opposes allowing current and even former officials to testify, and his administration is ignoring congressional subpoenas. And, well acquainted with the power of television, he reversed himself and opposes a congressional appearance by Mueller. Similar behavior served as the basis of one of the three articles of impeachment brought against President Richard Nixon. 

Meanwhile, Trump is leaving the door open for Russia to come to his aid again in 2020. The White House and congressional Republican leaders have been blocking a bill to secure US elections against foreign attacks. And administration officials have been instructed not to raise the issue of Russian interference with the president, lest it cast a shadow on his legitimacy. 

The next phase in this affair is already coming into focus. Barr, with the help of Trump’s golfing buddy Lindsey Graham, the Republican chair of the Senate Judiciary Committee, is now enlisted in peddling the president’s fantasy that the Mueller investigation was a “witch hunt” orchestrated by “deep-state” supporters of Hillary Clinton. Once again, current and former FBI agents will be targeted, either because they expressed criticism of Trump or because they opened a national security investigation into a hostile power’s meddling in the US presidential election (which continued in the 2018 midterms). FBI director Christopher Wray, commenting on the Mueller report, said that the Russians are “upping their game” for 2020. 

With the attorney general’s office corrupted and a complaisant Republican Party, a vengeful Trump is set on placing himself above the law. The next round of bloodletting is coming, and innocent people are going to get hurt. 

Elizabeth Drew is a Washington-based journalist and the author, most recently, of Washington Journal: Reporting Watergate and Richard Nixon’s Downfall.

 

Related video, added by Facts & Arts:

David Cay Johnston: President Donald Trump Is A Criminal Level Tax Cheat | Hardball | MSNBC

 

 

Copyright: Project Syndicate, 2019.
www.project-syndicate.org

 


This article is brought to you by Project Syndicate that is a not for profit organization.

Project Syndicate brings original, engaging, and thought-provoking commentaries by esteemed leaders and thinkers from around the world to readers everywhere. By offering incisive perspectives on our changing world from those who are shaping its economics, politics, science, and culture, Project Syndicate has created an unrivalled venue for informed public debate. Please see: www.project-syndicate.org.

Should you want to support Project Syndicate you can do it by using the PayPal icon below. Your donation is paid to Project Syndicate in full after PayPal has deducted its transaction fee. Facts & Arts neither receives information about your donation nor a commission.

 

 

Browse articles by author

More Current Affairs

Jan 12th 2022
EXTRACTS: "While at the time of writing, the outcome of Djokovic’s visa troubles was uncertain, the double standard of rules raises a much bigger question about the philosophy of law: can the application of a rule be so unfair that we have no valid reason to follow it?" ------ "......a rule that doesn’t treat like cases alike can’t be a law at all. This is because a key requirement of a legal system is that it needs to be stable, which means that people need to know what the law is and when it applies. If a rule doesn’t treat everyone equally, then it does the opposite and increases doubt and uncertainty about what the law even is. And if enough rules exist that create uncertainty about what the law is and when it applies, the system will collapse. A rule that undermines a legal system in this way can’t really be law at all, and legal officials shouldn’t create or uphold them."
Jan 9th 2022
EXTRACT: "Novak Djokovic, the world’s top-ranking tennis player, has just been granted a medical exemption to take part in the Australian Open. Djokovic, who has won the event nine times (one more victory would give him a record-breaking 21 major titles), refused to show proof of vaccination, which is required to enter Australia. “I will not reveal my status whether I have been vaccinated or not,” he told Blic, a Serbian daily, calling it “a private matter and an inappropriate inquiry.” The family of Dale Weeks, who died last month at the age of 78, would disagree. Weeks was a patient at a small hospital in rural Iowa, being treated for sepsis. The hospital sought to transfer him to a larger hospital where he could have surgery, but a surge in COVID-19 patients, almost all of them unvaccinated, meant that there were no spare beds. It took 15 days for Weeks to obtain a transfer, and by then, it was too late."
Jan 9th 2022
EXTRACT: "The protests that erupted across Kazakhstan on January 2 quickly turned into riots in all of the country’s major cities. What do the protesters want, and what will be the outcome of the country’s most severe civil unrest since independence in 1991? "
Jan 7th 2022
EXTRACT: ".....one wonders how Chinese President Xi Jinping views Russia’s intervention in Kazakhstan, which shares a nearly 1,800-kilometer (1,120-mile) border with China, especially in light of Putin’s earlier comments diminishing the history of Kazakhstan’s independent statehood. (He has shown similar contempt for the independence of Belarus, the Baltic states, and Ukraine.)"
Jan 7th 2022
EXTRACT: "The problem with history as propaganda is not that it makes people feel good or bad, but that it creates perpetual enemies – and thus the perpetual risk of wars."
Jan 5th 2022
EXTRACT: ".....a scenario in which Trump (or one of his allies) is designated president by the House of Representatives after the 2024 election probably belongs in the realm of political-thriller fiction.  Now consider the unlikely event that Trump were nominated and won a clear Electoral College or popular-vote majority in 2024. Rather than establish the white-nationalist dictatorship of progressive nightmares, an elderly second-term Trump would most likely be an even more ineffectual figurehead in a party dominated by conventional Republicans than he was in his first four years. If Italian democracy could survive three terms of Silvio Berlusconi as prime minister, American democracy can survive two terms of Trump. None of this is to suggest that American democracy is not under threat. Populist demagogues like Trump are symptoms of a disease in the body politic. The real threat to American democracy is the disconnect between what the bipartisan US political establishment promises and what it delivers. This problem predates Trump by decades and helps to explain his rise. "
Jan 4th 2022
EXTRACT: "This month, the world’s major central banks shifted gears and announced plans to tighten monetary policy. But there was one notable exception: the European Central Bank, which says it does not intend to raise interest rates in 2022, even though it is well aware of today’s inflation risks." ----- "Does this mean that the ECB is “soft on inflation,” occupying a dovish outlier position among the world’s major central banks? Is Germany’s bestselling tabloid, Bild, justified in bestowing on ECB President Christine Lagarde the mocking sobriquet “Madame Inflation”? No and no.
Dec 21st 2021
EXTRACTS: "By the grim metric of fatalities in the first 10 years of a dictator’s rule, Kim Jong Un has yet to match the records set by his grandfather, Kim Il Sung, or father, Kim Jong Il – the two tyrants who reigned by terror in North Korea before him. For now, the number of people Kim Jong Un has personally ordered killed – such as his uncle in 2013 and half-brother in 2017 – is likely to number in the hundreds." ---- "Concrete numbers of how many have died from starvation and malnourishment-related conditions such as diarrhea and pneumonia under Kim are difficult to come by. But as a scholar of Korean history, I believe the young dictator – who turns 38 next January – has the capacity to surpass even the ghastly death tolls of his two familial predecessors."
Dec 19th 2021
EXTRACTS: "But have enough Conservative backbenchers reached the conclusion that Johnson should be removed as party leader? There is a historical precedent which throws light on the present situation. This was when Margaret Thatcher was sacked as leader of her party – and consequently lost her job as prime minister – in 1990. She had a loyal following in the party and had won three elections in a row, but even that couldn’t save her when polling showed that the Conservatives were heading for a serious defeat under her leadership. ---- "That said, if Thatcher’s experience is anything to go by, at present the Conservatives are not going to sack Johnson. It took 18 months of seriously deteriorating polling for a revolt over Thatcher’s leadership to finally succeed – and she almost survived the leadership challenge. The present hope among Conservative backbenchers will be that the party can recover next year."
Dec 11th 2021
EXTRACT: "Although Johnson has a well-deserved reputation for maintaining an arm’s-length relationship with the truth, many voters seem to have priced this in to how they perceive him. Moreover, Conservative Party insiders, and those who previously worked with Johnson in journalism (his career before politics), have always known that he was unlikely to follow any rules that did not suit him. This rather large personal failing was apparent even in his boyhood, as a remarkably prescient school report by his Eton College housemaster noted. “I think,” Johnson’s teacher wrote, “he honestly believes that it is churlish of us not to regard him as an exception, one who should be free of the network of obligation which binds everyone else.” "
Dec 8th 2021
EXTRACT: "This puts US Democrats in a difficult position. What is a political party to do when the other main party has been taken over by self-appointed holy warriors? To treat them as a loyal opposition worthy of engagement in a spirit of compromise and respect becomes almost impossible. Democrats like Hillary Clinton, Barrack Obama, and Joe Biden have sometimes been criticized by their own supporters for not fighting dirty and giving Republican fanatics a dose of their own foul medicine.  That would be a mistake. All legal means should be used to stop extremists from wrecking democratic institutions, but those institutions won’t survive if all parties turn politics into a matter of life and death. In a quasi-religious war, the far right will almost certainly win; they have more fanatics and, in the US, many more guns."
Dec 4th 2021
EXTRACT: "In contrast to the index for consumer goods, which measures only the prices of final products, industrial producer prices capture all intermediate stages of production. They therefore have a certain prognostic significance for consumer prices, even though the final products won’t show such extreme spikes. ----- These new inflation figures are so extreme that the ECB’s position looks like willful denial. Germany is currently experiencing the strongest inflation in a lifetime. And the situation is not much better in other European countries. In September, France reported an 11.6% annual increase in industrial producer prices, and that figure stood at 15.6% in Italy, 18.1% in Finland, 21.4% in the Netherlands, and 23.6% in Spain."
Nov 30th 2021
EXTRACT: "So it could well be that, despite the faster spread of the infection, its ultimate health, social and economic impact proves negligible. We simply do not know at this point. But detecting more uncertainty than before, financial markets have reacted with panic. For example, the S&P500 tumbled 2.3% on Friday November 26 only to rise 1.1% on Monday November 29. Most markets gave up between 2% and 4%, which is a pretty substantial one-day fall."
Nov 28th 2021
EXTRACT: "Momentous changes are casting a long shadow on China. The country’s political system will soon undergo a profound reform, pending final approval (a quasi-formality) at next year’s congress of the Communist Party of China (CPC). President Xi Jinping, the Party chairman and the “navigator” of the country, has decided on a new course, abandoning the principle of collective leadership. Xi is leading China away from the path taken by Deng Xiaoping after the terror of the Cultural Revolution, and back toward a system of absolute rule by one person without term limits, as under Mao Zedong."
Nov 25th 2021
EXTRACTS: "”The biggest disappointment in Glasgow was the last-minute watering down of the proposed (and widely supported) agreement to “phase out” the use of coal in energy production. With India providing political cover for China in vetoing this language, the final conference proposal was to “phase down” coal”. ---- “China accounts for more than half of the world’s coal consumption, and has the largest amount of coal-fired generating capacity under construction. Pressed about why his country would not do more in Glasgow to help save the planet, China’s chief negotiator pointed to the commitments in the Communist Party of China’s current Five-Year Plan. So, our future now depends on the CPC’s program. The tragedy for the world is that the Party cannot be phased down, much less phased out, despite the fact that it is a huge threat to the future of all of us.” ------ “To save the planet, robust democratic leadership must be phased up – not phased down, let alone phased out. Rather than merely keeping our fingers crossed and hoping for the best, we should start by calling out the appalling behavior of dictatorships such as China and Russia.”
Nov 22nd 2021
EXTRACT: "The transitory inflation debate in the United States is over. The upsurge in US inflation has turned into something far worse than the Federal Reserve expected. Perpetually optimistic financial markets are taking this largely in stride. The Fed is widely presumed to have both the wisdom and the firepower to keep underlying inflation in check. That remains to be seen."
Nov 14th 2021
EXTRACT: "S&P projects that companies are planning to install 44 gigawatts of new solar in 2022. The year 2020, despite the onset of the pandemic, saw a record-breaking 19 gigawatts of new solar capacity installed in the U.S. So given the bids out there already, it appears that in 2022 solar installers will more than double their best year ever so far. The U.S. currently has 100 gigawatts of solar electricity-generating capacity, so in just one year we are poised to add nearly 50% of our current total. A gigawatt of power can provide electricity to about 750,000 homes. So the 44 new gigawatts we’ll put in next year have a nameplate capacity that would under ideal conditions allow them to power 33 million homes." ----- "Not only is there a lot of good news on the green energy front but there is good news in the bad news for fossil fuels. S&P finds that coal plants are being retired way before the utilities had expected. Some 29 gigawatts of coal retirements are expected from 2020 through 2025. "
Nov 3rd 2021
EXTRACT: "Zemmour’s way of thinking stems from a tradition going back to the French Revolution of 1789. Catholic conservatives and right-wing intellectuals, who hated the secular republic that emerged from the revolution, have long fulminated against liberals, cosmopolitans, immigrants, and other enemies of their idea of a society based on ethnic purity, obedience to the church, and family values. They were almost invariably anti-Semitic. When Jewish army Captain Alfred Dreyfus was falsely accused of betraying his country in the notorious scandal of the 1890s, they were on the side of Dreyfus’s accusers. ---- Germany’s invasion of France in 1940 gave reactionaries of this kind the chance to form a French puppet-government in Vichy. Zemmour has had kind things to say about the Vichy regime. He also has expressed some doubt about the innocence of Dreyfus. ---- None of these views would be surprising if they came from a far-right agitator like Jean-Marie Le Pen. But Zemmour is the son of Sephardic Jewish immigrants from Algeria who lived among the Muslim Berbers."
Oct 27th 2021
EXTRACT: "performed strongly in last month’s parliamentary and regional elections. Officially, Communist Party candidates took 18.9% of the popular vote for the State Duma (parliament), compared to nearly 49.8% for the Kremlin’s United Russia party. But the Communists refused to recognize the results, insisting that the vote was rigged. And, indeed, some experts estimate that they should have gotten around 30% of the vote, with United Russia taking about 35%."
Oct 22nd 2021
EXTRACT: "Powell was charismatic in the true sense of the term. Nowadays, this description is too often used to indicate an ability to attract supporters or generate celebrity interest. Internet lists of those who are regarded as charismatic include characters as varied as Adolf Hitler, Bono, Donald Trump, George Clooney, and Rihanna. But the ancient Greeks and Saint Paul used “charisma” to describe values-based leadership infused with a charm capable of inspiring devotion. The Greeks believed that this quality was a gift of grace, while Christian theology regarded it as a power given by the Holy Spirit."