Archive for December, 2017

Above The Law

Tuesday, December 5th, 2017

On May 1, 1977 David Frost had the interview of his career. This was three years after Nixon resigned. Nixon was working on his memoirs and his publicist believed that these interviews would boost his popularity. Frost was able to get Nixon to admit that he DID cover up the Watergate burglary but that it wasn’t obstruction of justice because, in Nixon’s opinion, the President can’t do anything illegal.

Trump’s lawyer just floated the same defense for Trump.

This argument was first proposed by Alan Dershowitz this summer after the Comey firing. That argument has been dismissed by many legal scholars since including the Brookings Institute. In their document entitled “Presidential Obstruction of Justice: The Case of Donald J. Trump” they make the case that even if Trump had this authority (which is highly suspect) he cannot exercise it for corrupt purposes. Stopping an investigation into crimes committed by those in the White House is corrupt.

The problem is that Trump’s claim isn’t just for past actions. His attorney was asserting his ability to intervene in “any case” that may come up in the future. If the Mueller investigation is able to turn up credible evidence linking Trump to the crimes of others, Trump is asserting his right to “express his view” by firing everyone associated with the investigation.

Dowd is basically arguing that as the chief law enforcement officer, Trump has the authority to block investigations into himself, his allies and into his friends, and nothing he does can be construed as obstruction of justice,” Matthew Miller, a former Justice Department spokesman, told me this morning. “The logical extension of all this is that Trump can try to remove Mueller and it would be entirely legitimate.

But this ultimately won’t be a legal issue. It is a political one. That’s why the authors of the constitution gave Congress broad authority to hold the executive and judicial branches accountable for actions that were damaging to the country, even if they weren’t illegal.

Which brings us to the current problem.

Trump feels as though he can largely act with impunity because no matter what he does Republican Party leaders stand with him.

Here’s a brief list of his actions over the past couple of weeks.

  • Disputed the validity of the Hollywood Access tapes – No Republican response
  • Distributed inflammatory European anti-Muslim videos – British respond. Mild Republican response
  • Calls Sen. Warren Pocahontas at a meeting with American Indians – no Republican response
  • Piled on the sexual assault claims of celebrities and Democrats while ignoring accusations against himself and other Republicans – no Republican response
  • Wrongly claimed that the tax plan doesn’t benefit him – no Republican response
  • Endorses Roy Moore – Republican leaders (including McConnell) back off of their previous condemnations

He may be right when he says, “Hey look, I’m President. I don’t care. I don’t care anymore.”

He understands that he has the Republican Party right where he wants them. They need the passage of a tax bill (any tax bill) to support their campaign in 2018. They are not going to abandon Trump and risk fracturing the party when they are on the cusp of winning. He’s how EJ Dionne characterized it.

Don’t count on Republican politicians abandoning Trump quickly now that their tax victory is in sight. They and the president have a lot more in common than either side wants to admit. The primary loyalty they share is not to God or country or republican virtue. It is to the private accumulation of money, and this is a bond not easily broken.

The reality is that sexual assault and pedophilia are now acceptable as long as you are a Republican.

You need no more evidence than the tax plan to understand that the Republican Party does not care about the white working class voters that put them in office. When questioned about the faulty math in that bill Chuck Grassley said, we’re not talking about math here, we’re talking about philosophy. That philosophy is that what is good for business and good for the wealthy is good for the country.

What is happening instead is that Trump is remaking the Republican Party in his own image. By their silence, they are allowing Trump to define what the party stands for.

The Moore election in Alabama is a perfect example. Trump’s argument is that voters should ignore the claims of pedophilia because it is more important to have a key Republican vote in the Senate. Moore’s own defense is that his pro-life position should be all voters care about. Senate Republicans have now said they will accept whatever choice Alabama voters make.

If this is true, is there anything that Trump (or Moore) could do to cause the Republican Party to turn against him?

At this point I doubt that even video supporting the Steele Dossier Russian orgy claims would damage Trump’s core support.

Would invading North Korea and putting US territory at risk of a nuclear attack be a problem?

How about bombing Iran in an effort to destroy their nuclear facilities?

Trump is obsessed with testing the limits of his support. That has been true in his personal life. Now it is being demonstrated in his political life. The difference is that it is now our constitution and the fabric of our democracy that he is testing rather than the fidelity of his spouse or the loyalty of his employees. The only thing we can be sure of, is that as long as he is in office, this will continue. He will systematically break every taboo and challenge every social and political norm in order to prove that he is the most powerful man in the world. History tells us that these people always fail eventually. He is in the process of taking the Republican Party down with him. It will be interesting to see what the final straw will be for the rest of the country.