Neither Donald Trump’s impeachment nor the disaffection of his supporters were going to happen as a result of the Mueller Report. Nonetheless, Trump ability to flip the Mueller Report issuance into a public relations vehicle provides some lessons about Trump and the state of our political affairs.
First, we relied too much on Robert Mueller and the limitations he was inevitably going to face. The Department of Justice Special Counsel regulations under which Mueller operated were flawed. Those regulations required that the Special Counsel’s report, the Mueller Report, be sent to the Attorney General rather than Congress. The Attorney General then reports to Congress on the Special Counsel’s findings and conclusions. The obvious flaw is that the Attorney General, a political appointee whose impartiality is so suspect that a Special Counsel was needed, acts as a supervisor and gatekeeper. Members of Congress will now try to use the courts to obtain a redacted copy of the report. Even assuming the courts rule in their favor, it may take years to get the report.
Second, we have put too much hope in the ability of our institutions to hold in the face of the various Trump assaults. Barr’s willingness to help him flip the potential of the Mueller Report to further impair his Presidency into a victory celebration is one indication of institutional debilitation. During Barr’s confirmation hearing, many observers noted that Barr has served as the Attorney General during George H.W. Bush’s administration was an “institutionalist.” Presumably, this meant that Barr would be the people’s Attorney General and defend the independence of the Department of Justice from Trump’s base.
But like so many others who should have known better, Barr folded to Trump. Barr believes that the Constitution vests all executive power in the President. Thus, the President alone can direct the enforcement and prosecutorial activities of the federal government and fire anyone within the executive branch for any reason, including that might benefit him. With his beliefs in the “unitary executive” power of the President, It was inevitable that Barr would succumb Trump. Many other conservatives hold these same beliefs about unitary executive authority. It should not surprise us if they consider President Trump as an elected monarch.
Third, Trump recognizes no limits to the actions he can take. He does feel bound by any rules. Predicting what he will do depends on what he feels he can get away with doing. Despite decades in which candidates for President felt obliged to show their income taxes, Trump either did not want to or could not because of what they would show. He falsely claimed that his taxes were being audited and promised to make them public as soon as the audit was completed. Trump’s behavior in business, with women, and in golf, as with his taxes, show his utter disregard for rules and norms.
After Trump’s initial glow from not being indicted (Justice Department rules preclude indicting a President while in office), he apparently realized that the Mueller Report must contain evidence of criminal activity. Trump then reversed his previous promises to make the Mueller Report public and now, with Barr’s help, intend to hold it as long as possible and redact it as much as possible.
No one who is in Trump’s favor should doubt that they may quickly fall out of favor with him. And if they do fall out of favor with him, Trump may treat them in the most degrading and humiliating manner. The rule of law means living in a world with fixed boundaries. We should all want to live in a country where we can expect fixed standards of behavior to apply.
First, we relied too much on Robert Mueller and the limitations he was inevitably going to face. The Department of Justice Special Counsel regulations under which Mueller operated were flawed. Those regulations required that the Special Counsel’s report, the Mueller Report, be sent to the Attorney General rather than Congress. The Attorney General then reports to Congress on the Special Counsel’s findings and conclusions. The obvious flaw is that the Attorney General, a political appointee whose impartiality is so suspect that a Special Counsel was needed, acts as a supervisor and gatekeeper. Members of Congress will now try to use the courts to obtain a redacted copy of the report. Even assuming the courts rule in their favor, it may take years to get the report.
Second, we have put too much hope in the ability of our institutions to hold in the face of the various Trump assaults. Barr’s willingness to help him flip the potential of the Mueller Report to further impair his Presidency into a victory celebration is one indication of institutional debilitation. During Barr’s confirmation hearing, many observers noted that Barr has served as the Attorney General during George H.W. Bush’s administration was an “institutionalist.” Presumably, this meant that Barr would be the people’s Attorney General and defend the independence of the Department of Justice from Trump’s base.
But like so many others who should have known better, Barr folded to Trump. Barr believes that the Constitution vests all executive power in the President. Thus, the President alone can direct the enforcement and prosecutorial activities of the federal government and fire anyone within the executive branch for any reason, including that might benefit him. With his beliefs in the “unitary executive” power of the President, It was inevitable that Barr would succumb Trump. Many other conservatives hold these same beliefs about unitary executive authority. It should not surprise us if they consider President Trump as an elected monarch.
Third, Trump recognizes no limits to the actions he can take. He does feel bound by any rules. Predicting what he will do depends on what he feels he can get away with doing. Despite decades in which candidates for President felt obliged to show their income taxes, Trump either did not want to or could not because of what they would show. He falsely claimed that his taxes were being audited and promised to make them public as soon as the audit was completed. Trump’s behavior in business, with women, and in golf, as with his taxes, show his utter disregard for rules and norms.
After Trump’s initial glow from not being indicted (Justice Department rules preclude indicting a President while in office), he apparently realized that the Mueller Report must contain evidence of criminal activity. Trump then reversed his previous promises to make the Mueller Report public and now, with Barr’s help, intend to hold it as long as possible and redact it as much as possible.
No one who is in Trump’s favor should doubt that they may quickly fall out of favor with him. And if they do fall out of favor with him, Trump may treat them in the most degrading and humiliating manner. The rule of law means living in a world with fixed boundaries. We should all want to live in a country where we can expect fixed standards of behavior to apply.
| Issues Connect. Mueller Can't Carry Our Water. http://issuesconnect.com/issues-to-connect/mueller-cant-carry-our-water New York Times. Jerrold Nadler: America Is Done Waiting For the Mueller Report: https://www.nytimes.com/2019/04/01/opinion/mueller-report-trump.html | New York Times. Eileen Sullivan: Who Is William Barr: He Will Decide What Happens With Mueller's Report. https://www.nytimes.com/2019/03/22/us/politics/william-barr-bio-facts-history.html |
