The Courts
Petulant Trump disavows his signature success (1)
Mr. Trump lashed out at the Federalist Society, blaming it for bad advice on whom to appoint to judgeships. He singled out Leonard Leo, a former longtime leader of the Federalist Society who helped recommend his first-term nominees and who exemplifies the conservative legal movement.
“I was new to Washington, and it was suggested that I use the Federalist Society as a recommending source on judges,” the president wrote. “I did so, openly and freely, but then realized that they were under the thumb of a real ‘sleazebag’ named Leonard Leo, a bad person who, in his own way, probably hates America, and obviously has his own separate ambitions.”
Mr. Leo and Mr. Trump had a falling out in 2020, but the personal attack was a sharp escalation. In a statement, Mr. Leo said, “I’m very grateful for President Trump transforming the federal courts, and it was a privilege being involved.”
Still, Mr. Trump’s tirade strained an already uneasy relationship with traditional legal conservatives.
Many share the president’s goals of strengthening border security, curbing the administrative state and ending “diversity, equity and inclusion” programs, said John Yoo, a conservative law professor. But, he added, they dislike some of Mr. Trump’s methods, whether that is prolifically invoking emergency powers or insulting judges who rule against his administration.
And Professor Yoo, who wrote memos advancing sweeping theories of presidential power as a Bush administration lawyer, said Mr. Trump’s attacks on Mr. Leo were “outrageous.”
“Calling for the impeachment of judges, attacking Leonard Leo personally and basically calling him as traitor as far as I can tell — Trump is basically turning his back on one of his biggest achievements of his first term,” he added, referring to the reshaping of the federal judiciary.
Charlie Savage, Trump, Bashing the Federalist Society, Asserts Autonomy on Judge Picks
For what it’s worth, Trump’s pledge to appoint federal judges from a list compiled by Leonard Leo (not the Federalist Society, which doesn’t do endorsements) was pivotal to his 2016 Election victory, especially among abortion foes who understandably did not trust a twice-divorced narcissist playboy with gambling and porn connections. Charlie Savage hasn’t forgotten that, but I shouldn’t quote his whole article.
If the Senate has a couple of Republicans with integrity, hack appointees like Emil Bove will not be confirmed. C’mon, guys! Save him from himself!
Petulant Trump disavows his signature success (2)
There are many stories in literature about people making deals with the devil. Weirdly, in most of them the devil is a square dealer.
That is, he keeps up his end of the bargain. He offers the protagonist wealth or power in exchange for something ethereal, like their immortal soul, and when they agree he delivers. The Prince of Lies turns out not to be a swindler. Most of the drama happens after he makes good on his promise and comes to collect.
The moral of those stories isn’t that you’re a fool to trade with Beelzebub because you’ll be cheated. It’s that you’re a fool to sacrifice your noblest self for something as fleeting as worldly power.
Conservatives made a deal like that in 2016. Donald Trump offered to stock the federal judiciary with their favorite judges, beginning with the vacancy left by Antonin Scalia on the Supreme Court; in return they would set aside their moral, civic, and ideological objections to him and support him in virtually anything he wanted to do, even if it affronted their conservative beliefs. Or basic decency.
The bargain was struck—and he delivered. Three eminent conservative jurists were added to the Supreme Court. Hundreds more were confirmed to federal appellate and district courts. The great white whale of social conservatism, Roe v. Wade, was harpooned in 2022 after a 50-year chase. Many other landmark legal victories for the American right have accumulated since Trump took office in 2017.
Conservatives weren’t cheated. The devil made good.
Fast-forward to last night …
[Leonard] Leo spent many years as the Federalist Society’s sherpa on judicial nominees, advising Republican presidents on whom to appoint and helping to shepherd candidates through the confirmation process. With the exception of Mitch McConnell, no one has done more this century to build a federal bench of originalist judges. But Trump didn’t want originalists—he wanted flunkies—and so Leo’s influence, and the influence of the organization he serves, have gone up in smoke …
Conservatives got the judiciary they wanted in exchange for supporting a man who radiates contempt for the constitutional order. In doing so, they empowered a postliberal movement that despises judges who do their jobs conscientiously instead of dutifully midwifing a Trumpist autocracy. As the Republican Party proceeds further down the path to fascism that those conservatives enabled, eventually the federal judiciary will consist entirely of believers in the “living Constitution,” half authoritarian and half progressive. In the long run, as Reaganites age out and are replaced by younger Trumpists, conservative judges as we’ve known them will go mostly extinct.
That’s what conservatives got for their bargain. The devil has come to collect.
Nick Catoggio
Pardons
The concept of a pardon, of course, is extremely hard for Trump to understand. Traditionally, a pardon is due to someone who has completed (or nearly completed) their sentence, expressed remorse, and turned their life around — and thereby been the recipient of mercy. But remorse is a concept unknown to a pathological narcissist. Mercy is even stranger. After all, who wins and who loses in an act of mercy? It’s one of those acts defined by grace — another literally meaningless concept for Trump. For him, all human conduct is built on a zero-sum, winner-vs-loser foundation. So a pardon is always instrumental — a way to reward allies, win credits, and enlarge his power by announcing to the world that he alone is the ultimate rule of law, and can intervene at any point to ensure his version of justice is the dispositive one. A monarch, in other words.
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But Trump is the real outlier (and Biden, in his defense, used Trump’s abuse as a justification for his own self-dealing). In recent times he’s out in front in numbers: more than 1,700 full pardons so far, and we have three-and-a-half years to go. Nixon’s 863, Carter’s 574, Clinton’s 396, W’s 189, and Obama’s 212 put it in perspective. But these previous presidents abused the power occasionally — it’s an absolute power after all — while largely respecting the contours of the rule of law.
Trump has dispensed with any pretense of that. He is an instinctual tyrant — see his immigration overreach and his unilateral tariff mania — and the pardon power was almost made for him. The weakness of any constitution is the virtue — or, more often, the lack of it — in its office-holders. And Trump has the civic virtue of Jeffrey Epstein. The pardon power was always going to be a loaded gun in his tiny, careless hands.
… [H]e is using the pardon power all the time, rather than waiting till the end of his term. It replaces the rule of law with monarchical discretion. That’s why he could not tolerate Jeff Sessions all those years ago. Because Sessions, for all his passionate partisanship, still understood the system he was operating in and still believed that the appearance of impartial justice was integral to liberal democracy’s survival. Sessions was an American.
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A majority of the American electorate, mind you, endorsed this lawlessness last November. It’s hard to pity them, as they absorb or ignore all the corruption they voted for and are still content to tolerate. They love crypto-monarchy as long as their king is on the throne. They do not seem to understand that this version of monarchy is still an elected one, and that another king from the other tribe may wear the crown some day. They may miss the benefits of liberal democracy once they have succeeded in killing it.
Andrew Sullivan, Pardon The Death Of Liberal Democracy
TACO
I’m not an active investor. I tend to buy and hold Mutual Funds and ETFs. (That’s just me; you do you.) But it did not escape my notice, even before the term was coined, that what’s now dubbed “TACO trades” could be profitable.
Wall Street is all over the “TACO trade,” another instance of people realizing they shouldn’t take the president at face value. “TACO” is short for “Trump always chickens out.” Markets have tended to go down when Trump announces new tariffs, but investors have recognized that a lot of this is bluffing, so they’re buying the dip and then profiting off the inevitable rally.
A reporter asked Trump about the expression on Wednesday, and he was furious. “I chicken out? I’ve never heard that,” he said. “Don’t ever say what you said. That’s a nasty question. To me, that’s the nastiest question.” The reaction demonstrates that the traders are right, because—to mix zoological metaphors—a hit dog will holler. The White House keeps talking tough about levying new tariffs on friends and geopolitical rivals alike, but Trump has frequently gone on to lower the measures or delay them for weeks or months.
Foreign leaders had figured out that Trump was a pushover by May 2017, and a year later, I laid out in detail his pattern of nearly always folding. He’s a desirable negotiating foil, despite his unpredictable nature, because he doesn’t tend to know his material well, has a short attention span, and can be easily manipulated by flattery. The remarkable thing is that it’s taken this long for Wall Street to catch on.
David A. Graham, The TACO Presidency
Now that the cat’s out of the bag, the profitability will diminish and what’s left will mostly be the pleasure of annoying Velveeta Voldemort.
The most incompetent administration ever
A federal appeals panel ordered officials not to deport a 31-year-old to El Salvador. Minutes later, it happened anyway. The government blamed “administrative errors.”
Alan Feuer, NYT
Will Trump pay any price for this fishy string of “administrative errors”?
Among his voters, I doubt it. But with the courts, the toll is steep and rising. They just cannot believe anything Administration lawyers promise. And they shouldn’t.
DJT, the anti-conservative
[I]t’s hard to think of a more anti-conservative figure than President Donald Trump or a more anti-conservative movement than MAGA. Trump and his supporters evince a disdain for laws, procedures, and the Constitution. They want to empower the federal government in order to turn it into an instrument of brute force that can be used to reward allies and destroy opponents.
Trump and his administration have abolished agencies and imposed sweeping tariffs even when they don’t have the legal authority to do so. They are deporting people without due process. Top aides are floating the idea of suspending the writ of habeas corpus, one of the most important constitutional protections against unlawful detention. Judges, who are the target of threats from the president, fear for their safety. So do the very few Republicans who are willing to assert their independence from Trump.
In one of his first official acts, Trump granted clemency to more than 1,500 people charged in connection with the violent attack on the Capitol on January 6, 2021, including those convicted of seditious conspiracy. The president and his family are engaging in a level of corruption that was previously unfathomable. And he and his administration have shown no qualms about using the federal government to target private companies, law firms, and universities; suing news organizations for baseless reasons; and ordering criminal probes into former administration officials who criticized Trump.
The Trump administration is a thugocracy, and the Republican Party he controls supports him each step of the way. Almost every principle to which Republicans once professed fealty has been jettisoned. The party is now devoted to the abuse of power and to vengeance.
…
The significance of this shift can hardly be overstated. A party that formerly proclaimed allegiance to the Constitution and the rule of law, warned about the concentration and abuse of power, and championed virtue, restraint, and moral formation has been transmogrified. The Republican Party now stands for everything it once loathed.
Peter Wehner
Thugocracy update
And she has been frank about the dilemma faced by Republicans like her who are dismayed about the president’s policies and pronouncements but worried that speaking out about them could bring death threats or worse.
“We are all afraid,” she told constituents in April, adding: “I’m oftentimes very anxious myself about using my voice, because retaliation is real. And that’s not right.”
Catie Edmondson, Lisa Murkowski Isn’t Using ‘Nice Words’ About Life Under Trump
I do acknowledge threats against Trump’s life, too. Several isolated nuts have been arrested and charged. But it seems to me that a President and his supporters holding Congress hostage for fear of their lives is an order of magnitude worse.
No laughing matter
Next month will be the first anniversary of Tim Walz’s branding of Donald Trump, JD Vance and, by implication, some of their political associates as “weird,” and it’s obvious now that Walz spoke too soon, before Trump won in November and his administration turned weirdness into a credential and an operating principle, before weirdness started afflicting Trump allies who seemed a little less weird in the past, before episodes of Trump-adjacent weirdness proliferated.
… [T]his pageant of peculiarity isn’t a laughing matter. It reflects Trump’s confusion of nonconformity with boldness. It speaks to his love of performance, even if it’s the fruit of a loopy performer. It demonstrates his desire to rattle, no matter how infantile the rattling.
Frank Bruni
Same column, change of topic:
If I’m subjected to one more lamentation, one more rant, about how lost and pitiable and shameful the Democratic Party is, my head is going to explode. Not because the Democratic Party is in good shape — it isn’t. Not because it can make do with only minor adjustments — it can’t. It’s guilty of the arrogance and incompetence of which it’s accused. And the country’s future as a reasonably healthy and prosperous democracy depends on Democrats’ recognition and remedy of that.
But some of the extravagant lashing of the party carries the implicit suggestion that Republicans, by contrast, have their act together. Excuse me? If success at the polls is the only metric for that, then sure, yes, they’re in an enviable spot. But it’s a wretched (and, I have to believe, vulnerable) one. Republican lawmakers who rightly gaped in horror at the events of Jan. 6, 2021, later developed collective amnesia, putting power several light-years above principle. They then indulged or outright applauded Trump’s laughable cabinet picks and his adoration of Musk and his cockamamie tariffs and his abandonment of due process and his swag from Qatar and his sadistic humiliation of President Volodymyr Zelensky of Ukraine and so many other cruelties and outrages that this sentence could go on forever. I struggle to admire Republicans’ political chops. I’m too distracted by their moral rot.
For love of sentences
In Esquire, Dave Holmes marveled at Senator Lindsey Graham’s suggestion, in a social media post before the conclave, that cardinals consider the idea of Trump as the next pope: “I guess he had not yet closed the day’s humiliation ring on his Apple Watch.” Holmes added that while Graham was probably joking, “You can’t be tongue-in-cheek when you are actively licking the boot. There is just not enough tongue for both jobs.” (Susan Fitzgerald, Las Cruces, N.M.)
Frank Bruni (a prior week)
Dissing the Dems
I confess that my laser-focus on Trump can sound like excusing the Democrats’ problems. It really isn’t. I’m just madder at my former party than at the I party whose Presidential nominee I voted for only once, 53 years ago.
An Andrew Sullivan podcast this week with the authors of Original Sin reminded me of just how screwed we are in the other of our major-party choices, the Dems, and how Joe Biden fooled me with his “nice guy” schtick. Though I didn’t vote for him, I would have done so if my fair state hadn’t been a lock for Trump.
Hypocrisy
Hypocrisy is the tribute paid to virtue by vice.
I will give Trump 2.0 credit for not adding hypocrisy to its countless other sins.
On second thought, his attacks on Ivy League universities for suffering antisemites gladly may qualify.
The best jokes
It has been said that the best jokes are dangerous because they are in some way truthful.
On Wednesday, a dangerous joke was told in the Oval Office. The South African president turned to the American president and said: “I’m sorry I don’t have a plane to give you.”
NYT
FWIW
- Trump lost 96% of federal court cases in May. Even GOP-appointed judges ruled against him 72% of the time,” – Jack Hopkins.
- “The Washington Post has now confirmed that it was Trump who asked the Qataris to gift him the plane for free (rather than the Qataris offering it), and that Qatar is demanding a written memo from the White House to this effect before the deal is finalized,” – Tom Malinowski.
Andrew Sullivan, Pardon The Death Of Liberal Democracy
PBS
… and by the numbers 86 and 47.
Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”
Jonah Goldberg.
Trumpism can be seen as a giant attempt to amputate the highest aspirations of the human spirit and to reduce us to our most primitive, atavistic tendencies.
David Brooks)
I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on my favorite social medium. I am now exploring Radiopaper.com as well.