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Friends,
The New York Times says the “Justice Department struggles” with Trump’s demands that it prosecute his enemies.
But who exactly is struggling? Career lawyers whose professional ethics are being compromised? Trump-loyalist appointees who presumably knew what they were getting into before they joined the regime? Todd Blanche, the acting attorney general who desperately wants to be the real thing?
The same ambiguity crops up when the media reports that the “White House” wants this or that, that the “Department of Homeland Security” is taking some action, that the “Department of the Interior” is undertaking or undoing something, and so on through the squalid chaos atop this regime.
These are buildings and departments, not people. We need to know who.
In normal times, the White House and federal departments are also institutions containing professionals with expertise hewed over decades of experience, guided by institutional norms for making decisions and the insights and perspectives that come with their unique roles in the federal government. (I should know. I headed one.)
But we’re no longer in normal times. Trump and his sycophants are actively destroying the professional integrity, expertise, norms, and unique insights and perspectives of all these institutions.
That’s why the public needs to know who is doing what when important decisions are made inside these buildings and departments. It’s the only way anyone can ever be held accountable.
For example, news reports continue to characterize the $1.8 billion anti-weaponization fund at the center of the storm over whether to confirm Todd Blanche as attorney general as “the Justice Department’s” fund.
This characterization hides a crucial reality: The fund doesn’t belong to the Justice Department. It wasn’t even an official offspring of the Justice Department. Instead, it emerged from meetings between Trump’s personal lawyers and acting attorney general Todd Blanche (who was once also a personal lawyer for Trump) over how to dispose of Trump’s $10 billion lawsuit against the Internal Revenue Service.
It was never the “Justice Department’s” fund. It was Trump’s fund, right from the start. The same with his deal to immunize himself from IRS audits.
Similarly, when the media reports that the “Justice Department” is “formally rescinding the order that created the fund,” it obscures the most important fact: The order wasn’t rescinded by the Justice Department. It was rescinded by Blanche himself. In fact, Trump now says he “wasn’t involved” in the revised plan.
So why should we suppose that any future Trump attorney general will be bound by Blanche’s order?
Similarly, when we hear that “the White House claims” that vandals caused damage to the bottom of the reflecting pool, we don’t know who in the White House made that deceitful claim. Did it originate with the vicious nativist, Stephen Miller; the fanatical Russell Vought; Trump’s zombie chief of staff Susie Wiles; or with Trump himself?
And when it’s reported that District of Columbia U.S. Attorney Jeanine Pirro “blamed the Department of Interior” for her failed criminal case against David Hearn, a former Olympian whom she accused of damaging the Reflecting Pool, we don’t learn the most important thing: Who’s responsible for this fiasco?
Did Doug Burgum, the interior secretary, mislead Pirro about Hearn’s alleged behavior? Or did Trump instruct Burgum to blame the former Olympian for damaging the pool, rather than own up to the botched job?
Trump had insisted for months that vandals were responsible for the damage, which gained national attention when the pool bottom began to peel and algae blooms turned the pool from blue to green.
Pirro’s office charged Hearn with “a violent effort to rip up the sealant from the bottom of the pool” and secured an indictment against him for felony destruction of government property — carrying a maximum sentence of 10 years in prison.
But in Friday’s court filing, Pirro conceded that problems plaguing the newly renovated pool were caused by a “botched installation not vandalism” and that, had the Department of the Interior “been forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment.”
This is a serious matter. A U.S. attorney charged an American citizen with a crime that could have resulted in his serving 10 years in prison but then dropped the charges when it turned out that Trump — or was it Burgum? or someone else? — was just trying to save face. But we still don’t know who’s responsible.
In the midst of the authoritarian chaos of the Trump regime, the public needs to know who’s doing what. When is Trump giving orders to his lackeys? When are they making decisions on their own? What’s legally binding, and on whom? Who’s responsible for what?
My friends, there will be a reckoning. And when that reckoning occurs, the individuals who have enabled this dictator, or who have conspired and collaborated with him, will be identified and held to account for what they did or failed to do.
That’s why the current record of responsibility is so important. Rather than report that “the White House” or the “Justice Department” or the “Interior Department” or some other building or agency did something, we need to know exactly who did what.
Buildings and departments are not destroying the rule of law and undermining American democracy. Individuals are. The media must tell us whom to hold responsible.
So glad you can be here today. Please consider becoming a paid subscriber of this community so we can do even more.
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