Long but very excellent article from the Atlantic with a story that is
both factual and worth keeping until the end of Donald J. Trump – when will
that be? Who knows for sure – the Atlantic story (edited & formatted to fit the blog) with this headline:
“The Donald J. Trump Guide to Getting Away With Anything”
The former president has a knack for
avoiding consequences for his misbehavior. (Atlantic Author: David A. Graham)
With each new scandal involving Trump, the question arises
again: Is this the one that will finally exact some pain on the former
president?
The question is in the air once more following the FBI’s seizure of top-secret documents from Mar-a-Lago last week. On the one hand, as both Trump’s allies and adversaries have noted, such a warrant on a former president is unprecedented, one of Trump’s lawyers reportedly told the government all files were returned prior to the search, and Trump has offered nonsensical defenses, all of which point to the seriousness of the situation.
On the other hand,
many cases involving mishandled classified information end without charges — just
ask Hillary Clinton — and some experts speculate that the goal of the recent
FBI search at Mar-a-Lago may simply have been to recover the documents rather
than to build a criminal case against Trump.
But because this case
is only the latest in a string of scandals, the question can’t be separated from a
broader context: Trump’s repeated ability to escape the most serious, and
sometimes any, consequences for his serial misbehavior.
His skill has birthed memes, including a re-appropriation of
the “Teflon
Don” moniker, well-deserved conservative mockery of premature
political death warrants, and the immortal “Ah!
Well. Nevertheless” tweet.
This pattern has created an air of invincibility around
Trump that can drive liberals to nihilistic fatalism and conservatives to
hubris.
In truth, the
dichotomy is misleading: Though Trump has evaded the most serious legal
consequences so far, he has paid a political price; there’s a reason he’s
the former president and very unpopular with the majority of
Americans. Still, as we await more information on the Mar-a-Lago search, the
record reveals the maneuvers that have gotten Trump out of jeopardy in the
past.
Before the Trump Presidency (1973–2017):
The Scandal: Too many to summarize, as chronicled
in a running tally before he was elected president, including housing
discrimination, the scammy “Trump University,” and sexual-assault and -harassment allegations
going back decades.
How He Got Away With It: You name it, he tried
it: Connections, luck, running out the clock, and endless litigation. But more
than anything, a pattern emerged of Trump managing to sidestep serious legal
consequences by paying fines to dispose of regulatory headaches, civil
lawsuits, and other matters, frequently without having to admit guilt or submit
to any other penalties. Many of the cases involved corners cut or laws bent to
benefit his business, and the fines tended to represent a sliver of whatever
revenue he’d made by way of the infraction.
Russian Collusion (2016):
The Scandal: Although Trump, as well as many
people who ought to know better, insists that the story was a hoax, his
campaign colluded with Russian agents during the 2016 campaign, hoping
for some edge against Hillary Clinton.
How He Got Away With It: First, Trump left the
dirty work to lieutenants, skipping (for example) the infamous
Trump Tower meeting with Russian agents.
Second, Trump critics overreached, and became obsessed with the Steele Dossier, or with his campaign manager Carter Page scandal (that distracted from the core offense).
Third, S/C Robert Mueller was
hobbled by a DOJ policy memo against charging a sitting president with crime(s),
and he seemed so determined to play his investigation by the book that he soft-pedaled the seriousness of
his findings.
Extorting Ukraine (2019-2020):
The Scandal: Using congressionally appropriated
funds, Trump tried to blackmail Ukraine into assisting his reelection campaign
by announcing an investigation into Joe Biden’s son Hunter.
How He Got Away With It: The facts were
relatively simple, and the House impeached Trump. But in a pattern that has
been central to his enduring impunity, the majority-Republican Senate worked as
a bloc to let him off, with only one GOP senator (Mitt Romney) voting to find
him guilty on one of two counts — that put the vote well short of the 67 needed
to convict and remove him from office.
Emoluments Clause (2017–2021):
The Scandal: Critics argued that Trump violated
the emoluments clause of the Constitution because his businesses allowed him to
accept money from foreign governments. The Trump International Hotel in
Washington, D.C., for example, became a magnet for overseas officials.
How He Got Away With It: Two cases were tied up
in litigation until after Trump left office, at which point the Supreme Court
ruled that they were moot.
A federal appeals court rejected a third case, brought by Democratic
members of Congress, who judges said didn’t have standing to sue under the law.
This has been one of Trump’s essential insights: Just because a law exists
doesn’t mean it can be enforced.
Ethics Violations (2017-2021):
The Scandal: Trump aides appear to have
repeatedly violated
the Hatch Act and other
laws that prevent civil-service employees from engaging in politics or
promoting Trump family businesses.
How He Got Away With It: In another
demonstration that a law’s existence doesn’t guarantee that it matters,
breaches of many ethics laws are identified by an independent office, but
the person
responsible for disciplining top appointees is the president. When Trump’s
aides got in trouble for breaking them for his benefit, he naturally made no
effort to levy any punishments.
Questionable Tax Returns (2016-present):
The Scandal: Many questions have been raised
about Trump’s tax returns, including whether he has followed either the spirit
or the letter of the law, going back to his refusal to release his returns as
customary in 2016. What information has emerged to the public suggests that he
has at the very least violated the former. The House Ways and Means Committee
has requested his tax returns from the IRS under an existing statute (*Note: The courts have approved
that release, too).
How He Got Away With It: Delay
and stonewall. The Trump Treasury Department put off a decision as long
as possible, then announced that it would not produce the records. Since then,
the matter has been tied up in litigation. The House committee still hasn’t
obtained the records, though it has repeatedly won court cases as it seeks the
documents — most
recently on August 9, 2022. By now, of course, the matter is ancient and
politically neutered.
Attempted Coup (November 2020 – January 6, 2021):
The Scandal: Trump sought to overturn the 2020
election, pressuring state officials to rig vote totals, trying to engineer
fake slates of electors, and finally inciting a violent mob that disrupted
Congress’s certification of the count on January 6.
How He Got Away With It: The House promptly
impeached him a second time, but the GOP-led Senate insisted on delaying the
trial. By the time it came around, some senators’ anger had cooled, they’d had
a chance to test the political winds, and they decided that sticking with Trump
was prudent. A majority of senators voted to convict, but the total was still
short of the necessary 67.
All that isn’t the
end of the story:
The House Select Committee investigating the maneuvers continues
to turn
up damaging information, which seems to have eroded his standing among
Republican politicians and voters. The DOJ is investigating and could
potentially bring charges. The Fulton County DA in GA (Fanni
Willis) is investigating Trump’s pressure campaign in that state. No
one knows whether any of these will lead to charges or other material
punishments — but Trump has plenty of battle-tested tactics to try to prevent
that or fight them if they happen.
My 2 Cents: As I said a great article and summary of Trump’s trail of corruption for decades leading to today… he needs to be prosecuted, tried and convicted and sentenced to a very long jail term.
To do so, yes, is historically a first, but Trump loves being first and only – so that would deliver the biggest in his life – to not follow up with that would set the scene or him to truly profess that “he is above the law” and that alone would be historical and inflict a huge damage on he country for centuries beyond belief and across our entire judicial system – lowering it to zero.
The B/L: No more strong American
leadership on the world stage.
All that would spell an end of America’s
greatness. Sad end to a tragic story certainly.
A dramatic conclusion for
sure – but all-in-all it’s my major concern – and hopefully yours, too.
Of course, stay tuned as usual since with this man no one ever knows the final outcome.
Thanks for stopping by
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