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David Frum

Justice Is Coming for Donald Trump

The Atlantic

www.theatlantic.com › ideas › archive › 2022 › 12 › january-6-committee-criminal-referral-donald-trump › 672514

“Many secrets, no mysteries”: That is the basic rule of all Donald Trump scandals.

There has never been any mystery about what happened on January 6, 2021. As Senator Mitch McConnell said at Trump’s second impeachment trial, “There’s no question—none—that President Trump is practically and morally responsible for provoking the events of the day.”

Thanks to the work of the congressional committee investigating the attack on the Capitol, Americans now have ample detail to support McConnell’s assessment. They know more about when and how Trump provoked the event. They have a precise timeline of Trump’s words and actions. They can identify who helped him, and who tried to dissuade him.

But with all of this information, Americans are left with the same problem they have faced again and again through the Trump years: What to do about it? Again and again, they get the same answer: “It’s somebody else’s job.”

[David Frum: Biden laid the trap. Trump walked into it.]

Special Counsel Robert Mueller investigated Trump’s collusion with Russia. Mueller brought charges against Trump’s former campaign chair, Paul Manafort; against Trump’s former national security adviser, Michael Flynn; against Trump’s personal lawyer Michael Cohen; against Trump’s longtime political ally Roger Stone; against many Russian nationals and organizations too. But on Trump himself, Mueller refused to pass judgment, because he believed he had no legal power to indict a serving president. He further believed that because he did not have that power, he should make no clear comment on whether the president’s conduct was indictable. Mueller presented evidence of Trump’s obstruction of justice, but beyond that … he tossed the responsibility over to Congress.

Within a few months of Mueller’s report, brave whistleblowers revealed Trump’s scheme to blackmail the president of Ukraine to help Trump’s 2020 reelection campaign. This time, Congress took responsibility for investigating the matter. Testimony on the record confirmed the whistleblowers’ allegations. The House impeached Trump; the Senate tried him. The main argument of Trump’s defense? Holding Trump to account should be somebody else’s job: in this case, the voters.

Trump White House Counsel Pat Cipollone argued, “For all their talk about election interference, they’re here to perpetrate the most massive interference in an election in American history—and we can’t allow that to happen.” If Trump did wrong, let an election decide the matter, not Congress. Enough Republican senators accepted that argument to ensure Trump’s acquittal.

[Quinta Jurecic: The January 6 hearings changed my mind]

In November 2020, the voters delivered their verdict. By a vote of 81 million to 74 million, they repudiated Trump. Trump and his supporters refused to accept the outcome. First by fraud, then by force, they tried to overturn the election. Once again, they argued, it was somebody else’s job to hold Trump to account: not the voters but the state legislatures, which should reject the popular vote and appoint their own electors instead.

Trump’s plot led to his second impeachment—and to one more round of “It’s somebody else’s job.” Trump’s attempted coup had failed, his enablers argued, and he would be leaving office on schedule. Impeachment is not the only remedy for presidential misconduct, McConnell said: “We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being held accountable by either one.”

And so the circle was complete. Criminal prosecution? No, it’s up to Congress. Congressional impeachment? No, leave the decision to the voters. Refusal to accept an election defeat? Back to criminal prosecution.

To repeat McConnell’s phrase, it’s “practically and morally” very difficult to hold a wayward president to account. An American president is bound by law and operates through legal institutions, but a president also has sources of personal authority that are not beholden to the law and are exercised outside institutions. Trump drew more deeply than most presidents on nonlegal, noninstitutional authority.

[David Frum: Mueller helped Trump keep his most important secrets]

He and his core supporters repeatedly threatened that any attempt to apply laws to him would provoke violence against the law. Trump allies and Trump himself have warned of riots if he were ever prosecuted.

Maybe these threats are empty boasts. But nothing like them has ever been heard before from a modern American leader. On January 6, Trump welcomed political violence on his behalf—and got what he wanted. He has not repented or reformed in the two years since.

But the very threat makes it all the more necessary to proceed with the January 6 Committee’s criminal referrals. If Trump does not face legal consequences for the events of that day, he and his supporters have reason to believe that Trump somehow frightened the U.S. legal system into backing down from otherwise amply justified action.

[Mark Leibovich: Liz Cheney, the Republican from the state of reality]

Show Trump a line, and he’ll cross it. That was his record as president, down to his last days in office, when he absconded with boxes of government materials as though they were his private property. Trump has already announced a run for president in 2024. Whatever happens with that run, his likeliest Republican rivals are studying his methods, considering which to emulate and which to discard. The incitement of violence by the head of the government is not an infraction that can be dismissed and forgiven by any political system that hopes to stay constitutional.

For six years, the job of upholding the rule of law against Donald Trump has been passed from one unwilling set of hands to the next. Now the job has returned to where it started. There is nobody else to pass it to. The recommendation has arrived. The time for justice has come.

Welcome, Tentatively, to the Resistance

The Atlantic

www.theatlantic.com › ideas › archive › 2022 › 12 › republicans-never-trumpers-ye-fuentes-dinner › 672477

Welcome, tentatively, to the resistance.

It took half a dozen years, but large parts of the Republican establishment—elected Republicans, wealthy donors, the Murdoch media empire (Fox News, the Wall Street Journal editorial page, and the New York Post), and right-wing websites,radio-talk-show hosts, columnists, and commentators—have finally turned on Donald Trump. Some are more direct and public in their criticisms of the former president than others, but without question something fundamental has changed.

The GOP establishment is angry at Trump, who announced his bid for reelection on November 15, for recently hosting a prominent white supremacist and Holocaust denier (Nick Fuentes) and an anti-Semite (Ye, the rapper formerly known as Kanye West) for dinner. For embracing QAnon. For advocating for the termination of the Constitution. For trashing the Supreme Court, on which three of his nominees sit. For promising to look “very, very favorably” at pardoning January 6 insurrectionists if he’s reelected. And for being embroiled in multiple criminal investigations.

But mostly, they are angry at Trump for costing them seats in the House and control of the Senate. This midterm election was the third straight election cycle in which Republicans, under Trump’s leadership and in his shadow, suffered setbacks. They stood by as he handpicked terrible candidates and obsessively promoted conspiracy theories about the 2020 election—and they suffered the consequences.

Scott Reed, a veteran Republican strategist and a former top adviser to the U.S. Chamber of Commerce, told The New York Times that the past several weeks have been “devastating for Trump’s future viability.”

“Abandonment has begun,” Reed said.

Whether the damage Trump has sustained is enough to keep him from winning the 2024 nomination is impossible to know at this point. Although the erosion in his support is significant, a large part of the base has shown sustained loyalty to Trump.

So how should those of us who, for years, have repeatedly warned Republicans about Trump view those who have finally done an about-face, in some cases mimicking the very criticisms that Never Trumpers have been making since the start of the Trump era?

[David Frum: What the Never Trumpers want now]

We ought to welcome their turnabout. This is, after all, what many of us have been urging them to do. Everyone makes mistakes, and everyone should have the chance to correct those mistakes, including onetime Trump enthusiasts. Just as important, purging Trump from America’s political landscape can only happen if the Republican Party first purges him from its ranks. If people who once supported Trump are, at last, willing to cast him aside, that is all to the good.

But we shouldn’t see a moral awakening where there is none. The reason many longtime Trump supporters are deserting him is because they believe he is a loser, and an impediment to their quest for power. They are tossing Trump overboard because he’s no longer useful to them. Their considerations are practical rather than principled, and precisely because the shift is for unprincipled reasons, we should assume that if they calculate that Trump can win again—and certainly if he’s the Republican nominee in 2024—they will once again rally around him.

Nor are the belated resisters honestly reckoning with their (recent) pro-Trump past. They are, instead, engaging in a series of rationalizations to explain why they enabled and championed this loathsome figure for so long.

Some have simply chosen to forget their role in Trump’s rise. Some are eager to portray themselves as having been far more critical of Trump than they actually were. Some prefer to turn the tables and go on the offensive, chiding longtime critics of Trump for not forgiving and forgetting. And still others are peddling a narrative in which Trump is only now “spinning out of control.” Since the midterms, we’re told, “something has snapped.” Trump has “apparently lost touch with reality.” These people feign shock at what the man in Mar-a-Lago has become. Who could possibly have seen this coming?

All of this maneuvering is born out of a natural desire to escape moral accountability, protect their reputation, and not admit their mistakes, and an even more intense desire to refuse to admit that Never Trumpers, whom they view with contempt, might have been right all along. Their psychological defense mechanisms—rationalizations intended to prevent feelings of guilt, shame, or discomfort about actions that on some level they know were wrong or unwise—are preventing them from coming to grips with their catastrophic misjudgments.

Context is important here. We’re not talking about a mistaken assessment of the effects that tariffs might have on prices for consumers; we’re talking about a party that nominated and at every turn defended a uniquely malicious figure in American politics. And he didn’t come disguised as anything other than what he was. Trump was a wolf in wolf’s clothing.

Trump’s dinner with Fuentes and Ye was not a break with the past. Rather, it exists on a long continuum of wrongdoing: making hush-money payments to porn stars, committing tax fraud, and falsifying records; pathological lying, cruelty, and political brutality; siding with the intelligence agencies of America’s enemies rather than America’s, complimenting savage dictators, and blackmailing our allies in order to dig up dirt on political opponents; demagoguery, borderless corruption, and calls for political violence; obstructing justice, abusing the pardon power, and wanting the IRS to investigate political foes; racist taunts and appeals to Americans’ ugliest instincts; lighting the flame that ignited a mob that stormed the Capitol, ignoring pleas for help during the insurrection, encouraging those who wanted to hang his vice president, and trying to overthrow the election.

[Read: The GOP can’t hide from extremism]

At no point did Trump deceive Republicans into supporting him; he simply broke them. Formerly fierce critics such as Ted Cruz and Lindsey Graham became lapdogs. Republicans didn’t change Trump; he changed them. Fundamental convictions, or at least what had been sold as fundamental convictions, were inverted. Character in leaders used to matter, we were told—until depravity became acceptable and even fashionable.

As Trump descends further into madness, “it’s in the interests of Republicans to bury this record of iniquity—to move on as if it were all some kind of surreal dream,” in the words of Andrew Sullivan. But it wasn’t a dream: The trauma of the Trump years and the role of those who made them possible can’t be papered over, forgotten, or pushed down what George Orwell called “memory holes.” Individuals who allowed a man with fascist instincts into the Oval Office and, once he was there, provided him cover owe their fellow citizens—and themselves—an honest accounting.

Doing this would begin to repair one of the most damaging aspects of the Trump years, which was his (and his supporters’) gaslighting of America; their nonstop, dawn-to-dusk assault on facts and truth, their attempt to distort reality to fit their narrative. The Republican establishment that stood with Trump may now want to break with him, but in the process, they are still relying on some bad habits, including inviting the rest of us into their hall of mirrors.

Trump supporters have deformed history and reality quite enough. Even as we welcome them to the resistance, we ought to expect from them an acknowledgment of the role they played in the rise and rule of Donald Trump.

At some point all of us, even the GOP, will move on from Trump. That process is hopefully well under way. Healing our nation will require different things from different sides, including some measure of civic grace and some measure of civic honesty. Other nations, more divided than ours, have found the balance between truth and reconciliation. So can America. But it will take time, intentionality, and love of country.