Tag: Jeff Sessions

TRUMPIAN JUSTICE: OUR CLEAR AND PRESENT DANGER

Like a drunk progressing from slurred speech to crashing the family car, the presidency this week continued its rapid descent toward rock bottom. Regardless of your politics, is there anyone out there who wasn’t jarred – at least a little bit – to hear our president praise a convicted felon for refusing to cooperate with the federal government he defrauded? Sure, Paul Manafort was Donald Trump’s campaign chairman, but historically presidents have paid fealty to the law, not to the lawbreakers.

The president, after all, is the chief executive of that federal government, including its Department of Justice, which, a few days ago, Trump called a “joke”. This is totally contrary to those civics textbooks now welcoming students back to school. No president has ever repudiated his justice department. We inch ever closer to a constitutional crisis.

Here’s how fast we’ve fallen: In April of 2017, legal scholars expressed outrage when Trump accused a former Obama aide of having committed a crime. Since the justice department reports to the president, such a declaration of guilt without due process was seen by numerous observers as a flagrant abuse of presidential power and possible grounds for impeachment. They noted, as summarized in this space back then, that many similar slips of the presidential tongue over the years were immediately walked back. Prime example: Richard Nixon declared cult leader Charles Manson guilty before his trial began. He immediately withdrew his comment, saying, “the last thing I would do is prejudice the legal rights of any person, in any circumstance.” Trump, however, walks nothing back and has no qualms about prejudicing anyone’s legal rights.

What happened this week makes the president’s earlier comments look like jay walking. While Manafort’s unsequestered jury was deliberating, Trump repeatedly fired off messages claiming – in full Twitter shot of the jurors – that the trial itself was a “sad day for our country” and that Manafort was “a very good person”. The presidential attempt at verdict influencing, however, did not stop the jury from convicting Manafort on multiple counts of tax and bank fraud.

Hours later, Trump took to the stage of a political rally in one of those theater of the mind moments that flow from the bizarre politics of separate realities. With his former campaign chairman tucked neatly into a jail cell, and his personal attorney having just pled guilty to a felony charge that implicated the president, the Donald led the crowd in the ritualistic chant of “lock her up,” a vintage reference, of course, to Hillary Clinton, who has not been charged with a crime.

If you think that Trump was simply having a bad day and reverted to the Hillary ditty out of a pathetic combination of inertia and nostalgia, you would be wrong. Every day since that rally, Trump has eviscerated his justice department, along with his attorney general, Jeff Sessions. Never a strict constructionist on punctuation matters, the president said he now puts quote marks around “justice” when referring to the department because he sees no real justice there. He called Manafort “brave” for refusing to flip on him, like his attorney, Michael Cohen, did.

One of the federal prosecutors who helped convict mob boss John Gotti told Washington Post reporters that Trump’s recent statements about the criminal justice system struck him as “the modern-day version of a particularly inarticulate mobster.” That pretty well captures the moment we are living in.

Every day, the president lists names of more Democrats he thinks should be prosecuted by his “Justice” Department (here, here, here and here). Clearly, he has turned the notion of justice on its head. To him, it has nothing to do with the rule of law. It’s about using political power to protect himself and punish his enemies. Trump hasn’t merely hinted at that notion, he’s said it. He told Fox News this week, “the only reason” for appointing Sessions as attorney general was because he “felt loyalty” and expected his guy to protect him in the Russia investigation and then go after Democrats. Trump has never forgiven Sessions for recusing himself from the special prosecutor’s investigation.

The Washington Post has reported that the chief White House counsel and other top aides have repeatedly told Trump that he can’t call Justice and give orders, but the president refuses to embrace that concept. Here’s what a former senior administration official told the Post yesterday: “The president has not a whit of respect for institutions, whether it’s the DOJ or the Fed or the FBI. If you are a threat to him, he is going to try to kill you.”

Most of the news analysis and commentary produced by this historically tumultuous week has been focused on the future. Will Manafort flip for a reduced sentence? Will Trump pardon him? How much additional dirt does Cohen have on the president? What about impeachment? Will Mueller subpoena Trump? How will all of this play in the midterms? So many questions, and so little time to fully absorb the depth of depravity our country faces right now, in this moment, regardless of what happens later.

We have a president who has rejected the rule of law, who calls the Justice Department a “joke”, who thinks nothing of tampering with a jury, and who will do whatever it takes to subvert the processes of government in order to protect his own hide and punish his enemies. This is no longer an esoteric debate on the efficacy of a president opining on a person’s guilt or innocence. This is – right now, in this moment – a full scale assault on this country’s very concept of justice, with or without quote marks. Whatever may lie ahead, let us never accept a mobster’s notion of justice as our new normal.

TRUMP’S GUIDE TO LEADERSHIP: THE ART OF THE HEEL

Donald The Swamp Drainer is now fully enmeshed in the morass of governance, but none of the ensuing noise and chaos has led to a single dollop of drainage. If this guy has anything even remotely resembling a strategy, on any issue, it has to be the best kept secret in Washington. All we’ve seen in the first 200 days of this presidency is a bizarre jumble of impulsive, sophomoric tactics that have done absolutely nothing to advance his agenda.

A theory emerged during the 2016 campaign that, instead of being loony, Trump was a brilliant four-dimensional chess player, always strategizing multiple moves ahead of his opponents. The concept has the same level of evidentiary support as the flat earth and faked moon landing propositions. Take a quick look at the Donald’s recent chessboard navigation.

Trump:

• Publicly threatened a number of Republican senators with various forms of retaliation if they didn’t vote to repeal Obamacare. Not surprisingly, Trump didn’t win their votes and the bill went down in flames. Senators’ job security rests with voters in their home state. Caving in to a public threat is not an image that curries favor with the electorate.

• Said the Senate healthcare vote made Republican leaders “look like fools” and promised to stop funding the lawmakers’ own medical insurance if they didn’t cancel their August recess and try again to repeal Obamacare. The Senate recessed and left town within 48 hours of the president’s threat and name-calling.

• Announced suddenly via Twitter that transgender people will no longer be allowed to serve in the armed forces. This was supposedly a Trump “strategy” to end a squabble over whether the military should pay for trans-related medical costs. That disagreement, which reportedly was well on its way to resolution, is holding up a spending bill that includes funds for Trump’s Mexican wall. Paralysis quickly ensued from the president’s transgender ban tweet, and nothing has moved since – on either the ban or the wall.

• Attacked, loudly and repeatedly, the Russian sanctions imposed by the Obama administration for Moscow’s interference in last year’s election. Congress, controlled by Trump’s own party, responded by passing veto-proof legislation enhancing the sanctions and specifically prohibiting the president from altering them.

• Ridiculed and demeaned his own attorney general, Jeff Sessions, in an attempt to get him to resign so he could replace him with someone who would either control or fire Robert Mueller III, the special counsel investigating possible connections between the Trump campaign and Russia’s election tampering. Sessions refused to resign. The Senate initiated a parliamentary maneuver that prevents Trump from making a recess appointment during the current congressional break. There is also a bipartisan push for legislation that would allow Mueller’s removal only on approval of a federal judge.

Every day – every tweet – brings more examples. There isn’t a single strategy to be found in Trump’s arsenal, only a limited repertoire of tired, angry, bullying tactics, the same kind of shtick he used to throw at Rosie O’Donnell and Cher. A very prophetic 5th century BC military strategist, Sun Tzu, wrote, “Tactics without strategy is the noise before defeat.” Trump likes to announce phony victories – initial passage of healthcare in the House, release of his own budget that has gone nowhere, etc. – with the phrase, “This is what winning looks like.” Well, Mr. President, right now, this is what losing looks like: all tactics and no strategy; the noise before defeat.

I came across Sun Tzu’s wisdom early in my career as a union negotiator. I had just verbally pulverized an opponent at the bargaining table. I had done my research and really had the goods on this guy. I let everything fly, humiliating and embarrassing him in front of his peers. Before I could take a bow, my mentor whispered into my ear, “Now what? You just destroyed him, but how is that going to help us reach a contract settlement?” That’s when I first read Sun Tzu’s “The Art of War”. My insults were an empty tactic, totally lacking any strategic connection to the goal of negotiating a decent agreement. That painful memory came rushing back yesterday, after it was reported that the president warned his unhinged North Korean counterpart that “threats will be met with fire and fury like the world has never seen.” So, now what? What’s the next move on the road to world peace?

And so it goes with Trump. He knows no art of the deal when it comes to leading our country. Other than the late Don Rickles, nobody has ever achieved success by lobbing insults at people. Yes, the president’s hard core base loves it. They adore Trump for his anger, and his total disregard for civility and respect in dealing with the swamp dwellers. They cheer him for it at his rallies, and then chant, “lock her up,” and other golden oldies. Some of them will stay with their angry guy all the way to the end, even if the swamp is never drained. To them, Trump is like a country-western crooner, singing the same old sad songs that somehow make them feel better, even though their lives are no less wretched when the concert ends.

Yet, polls show that Trump’s ineffectiveness in enacting his promised swamp drain is bringing his numbers down in every category, including his treasured demographic of white men without a college education. The New York Times reported Sunday that many key Republicans are already maneuvering for the 2020 presidential election with the belief that Trump will not be the party’s candidate. Regardless of what happens three years from now, it’s hard to see how this president can hope to successfully govern with no strategy beyond a string of angry tweets. A devoted and enraged base, in the low 20% range, screaming “fake news” at an occasional rally, is neither a strategy nor a mandate to govern.