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‘If I Knew Then What I Know Now’

The Atlantic

www.theatlantic.com › ideas › archive › 2023 › 10 › jenna-ellis-guilty-plea-trump-fulton-county › 675754

The symmetry is striking: two lawyers, two different eras of Donald Trump’s career, and two courtrooms in different regions of the country. The lessons from Jenna Ellis and Michael Cohen, however, are the same. Loyalty to Trump is seldom returned, with disastrous results for those who offer it.

In an Atlanta courtroom today, Jenna Ellis, a former attorney for Trump, pleaded guilty to a single felony count of aiding and abetting false statements. She agreed to five years’ probation and will pay restitution and testify in future cases. Ellis is the third lawyer—following Sidney Powell and Kenneth Chesebro—to plead guilty in the past week as part of the wide-reaching racketeering case over attempts to subvert the 2020 presidential election. But she is the first to make a statement in court as she entered her plea, and what she said was revealing.

“As an attorney who is also a Christian, I take my responsibilities as a lawyer very seriously and I endeavor to be a person of sound moral and ethical character in all of my dealings,” she said, her voice breaking with emotion. “If I knew then what I know now, I would have declined to represent Donald Trump in these post-election challenges. I look back on this whole experience with deep remorse.”

[David A. Graham: Another domino falls in Georgia]

Also earlier today, 750 miles north, in Manhattan, Michael Cohen was testifying as the star witness for the New York attorney general’s office in a civil fraud lawsuit against Trump. Like Ellis, Cohen worked as a lawyer for Trump, engaging in actions on the fringes of the law; like Ellis, he is now a convicted felon.

Ellis’s remarks today echoed what Cohen told the House Oversight Committee in February 2019: “I regret the day I said ‘yes’ to Mr. Trump. I regret all the help and support I gave him along the way. I am ashamed of my own failings, and I publicly accepted responsibility for them by pleading guilty in the Southern District of New York.”

If Ellis and Cohen are not in good company, they are at least in big company. Over the years, many people have agreed to work for Trump and put their reputations, to say nothing of criminal records, on the line for him. The former president demands near-total fealty, browbeating and punishing allies for any deviations. (Just ask Representative Tom Emmer, who became the GOP’s latest nominee for speaker of the House today, and then almost immediately became the former nominee, after Trump blasted him on his social-media site.) But when these loyal lieutenants need the favor repaid, Trump ghosts them.

[David A. Graham: The cases against Donald Trump—a guide]

This one-way loyalty has burned boldface names and relative nobodies alike. Many of the people who served in Trump’s administration or served as his allies in Congress have found themselves diminished and sometimes legally ensnared. Many of the people convicted for their participation in the January 6, 2021, riot at the Capitol have expressed anger at Trump and said they felt hoodwinked by him. He has floated the idea of pardoning them if he regains the presidency. Even if he wins, they should know that his track record of following through is bad.

Trump tried to publicly intimidate Cohen into friendly testimony, but didn’t offer a federal pardon that would have prevented a conviction or spared his former fixer prison time. In Ellis’s case, she complained that Trump wasn’t doing much to help her raise funds for her legal defense, even though she was being targeted for working on his behalf. “I simply can’t support him for elected office again,” Ellis said on her podcast last month. “Why I have chosen to distance is because of that frankly malignant narcissistic tendency to simply say that he’s never done anything wrong.”

Ellis’s plea deal appears to be especially bad news for Rudy Giuliani, yet another former attorney who debased himself on Trump’s behalf and was then charged in Fulton County. Ellis worked closely with Giuliani, and though she did not mention him by name in her statement in court, she pointedly said she had relied on the wisdom of more experienced attorneys—a possible preview of testimony incriminating Giuliani for his role in the election-subversion push.

[Mark Leibovich: The most pathetic men in America]

Giuliani, ironically enough, has experienced some of the same abandonment that stung Ellis. Giuliani has begged the former president for legal assistance as well as millions in payment for legal services rendered as part of the election schemes, according to The New York Times: “Among those who remain close to Mr. Giuliani, there is bafflement, concern and frustration that the former mayor, who encouraged Mr. Trump to declare victory on election night before all the votes were counted, has received little financial help.” Trump has since agreed to hold a pair of fundraisers on Giuliani’s behalf, but the amounts raised still seem to pale against both what Giuliani believes he is owed by Trump and what he owes to his own lawyers.

The mystery is why people keep agreeing to work for Trump despite the hazards. Cohen at least got rich out of his long employment with Trump. What Ellis thought she was getting is less clear, other than public attention that was tainted with ridicule from the start. Trump does occasionally bestow favors on those who jump on grenades for him. Some of the aides who waded most deeply in the muck for Trump received presidential pardons, including Paul Manafort, Michael Flynn, Roger Stone, and Steve Bannon.

But these are exceptions. More often, even those who place themselves in grave legal or reputational danger end up facing it alone. “I failed to do my due diligence,” Ellis said today of her legal work for Trump in 2020. She could just as easily have been talking about the personal risks she took when she chose to work for him—despite ample warning about how things were likely to turn out.

Why This Time Is Different for Menendez

The Atlantic

www.theatlantic.com › newsletters › archive › 2023 › 10 › menendez-indictment-democrats › 675753

This is an edition of The Atlantic Daily, a newsletter that guides you through the biggest stories of the day, helps you discover new ideas, and recommends the best in culture. Sign up for it here.

Robert Menendez has held on to his Senate seat and retained the loyalty of many Democratic colleagues through past scandals. But, given the current political environment and the gravity of the charges he now faces, many fellow Democrats have had enough—and voters might turn on him too.

First, here are three new stories from The Atlantic:

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Undermining the High Ground

Yesterday afternoon, a couple of hours after pleading not guilty to the charge that he had conspired to act as an agent of a foreign government, Senator Robert Menendez announced that “the government is engaged in primitive hunting, by which the predator chases its prey until it’s exhausted and then kills it. This tactic won’t work.”

The senior senator from New Jersey’s plea—and subsequent defiant statement—came just a few weeks after he pleaded not guilty to three separate counts of corruption. Menendez and his wife, Nadine, were accused of accepting bribes worth hundreds of thousands of dollars in exchange for helping the government of Egypt and several businessmen. The original indictment was quite dramatic, peppered with talk of more than $500,000 of stashed-away cash and photos of gold bars found in his New Jersey home. Within hours of Menendez’s indictment, several state leaders, including the governor, called on him to step down. But Menendez is fighting hard against the allegations, even as colleagues turn on him.

Menendez has positioned himself as a victim, and has invoked identity politics in trying to defend himself. “It is not lost on me how quickly some are rushing to judge a Latino and push him out of his seat,” he said shortly after his initial indictment was announced. He has also accused “those behind this campaign” of smearing him as part of their political agenda: “For years, forces behind the scenes have repeatedly attempted to silence my voice and dig my political grave,” he said in a statement last month. “Menendez has been using explicitly Trump-y talking points in his defense,” my colleague David Graham, who has covered the Menendez charges, told me.

The Menendez imbroglio puts the Democrats in a difficult position. The party has enjoyed some moral high ground as Donald Trump faces various criminal indictments. But having a member of their own party facing such galling corruption charges—and saying in his own defense that, essentially, the deep state is out to get him—may not only undermine that high ground, David said. It may weaken Democrats’ case against Trump’s own statements about being the victim of deep-state machinations, and it could damage voters’ faith in the Democratic Party.

This is not Menendez’s first time facing federal bribery charges: In 2015, he was accused of receiving gifts and some $750,000 in campaign donations from a Florida eye doctor. Those charges resulted in a hung jury, and ultimately the judge declared a mistrial. Menendez was able to maintain his seat through the turmoil, and he denied any wrongdoing. His colleagues, by and large, stood by him. But this time, New Jersey Governor Phil Murphy called on Menendez to resign almost immediately after his indictment, and other state Democratic leaders soon followed. Cory Booker, the junior senator from New Jersey who has called Menendez a mentor and friend, urged his colleague to step down a few days after the indictment. Senator John Fetterman of Pennsylvania, meanwhile, has reportedly confronted Menendez in the halls of Congress (or, more precisely, on an escalator) to tell him to resign. More than half of Senate Democrats have called on Menendez to resign, though Senate Majority Leader Chuck Schumer has been more reserved. “The Senator has made it clear that he is innocent and will not resign from his position as the senior U.S. Senator for New Jersey,” Robert Julien, a spokesperson for Mendendez’s office, told me in an email.

Part of the reason that many of Menendez’s colleagues are turning against him this time, David explained, has to do with the relative severity of the charges. Bribery charges are never a great look, but the charges Menendez currently faces cut to the core of his committee work in the Senate, accusing him of using his position as the head of the Senate Foreign Relations Committee to work on behalf of a foreign power.

The calculations are likely political too: The last time Menendez faced bribery charges, Republican Chris Christie was the governor of New Jersey. If Menendez had given up his seat, Christie could have appointed a Republican in his place. Now the state has a Democratic governor in Murphy, who would presumably appoint a Democrat to replace him, David explained. Even so, Democrats are anxious about introducing uncertainty when they have such a razor-thin majority over Republicans in the Senate. Democrats have become more and more obsessed with beating their Republican opponents. That fixation on winning comes at a cost, David said: “If you are so focused on beating Republicans that you’re willing to look past corruption allegations, you ultimately undermine yourself, even if you can win the next election.”

But whether Menendez can actually win his next election is still a major question. He is a savvy backroom fighter, David explained, which has helped him stay in power in the cutthroat world of New Jersey politics. “There’s lots of backstabbing in ways that are totally legal, but not necessarily savory,” he said. Menendez has hung on through turbulence, but whether he can make it through this scandal intact will be, in part, up to the courts. It will also be up to voters.

Menendez’s trial is scheduled to begin on May 6, about a month before the primary race for his Senate seat. So far, Menendez has made no public indication that he won’t run for reelection. But his odds are not looking promising. He is being trounced in polls by Andrew Kim, a member of the House of Representatives who announced his campaign for Menendez’s seat the day after the senator was indicted. Menendez is innocent until proven guilty, but his constituents might just be ready to move on.

Related:

Bob Menendez never should have been senator this long in the first place. The case against Bob Menendez (From 2015)

Today’s News

A third former Trump-campaign lawyer, Jenna Ellis, pleaded guilty in the Georgia election-interference case. Israel escalated attacks on targets in Gaza, including a refugee camp. The Hamas-run Gaza Health Ministry said that more than 700 people were killed in a 24-hour period. House Majority Whip Tom Emmer has dropped out of the Speaker of the House race, just hours after becoming the nominee.

Evening Read

Fryderyk Gabowicz / picture-alliance / dpa / AP

Britney Finally Tells Her Story. It’s Dark.

By Spencer Kornhaber

One of the most disturbing parts of Britney Spears’s story has long been the way people talk about her. As soon as the pop star was released from the legal guardianship of her father in November 2021, ending a 13-year ordeal that she has described as torture, some onlookers asked whether one of the most successful women on Earth could handle living as an adult. In barroom chitchat, meandering podcasts, and online comment sections, you can now find people claiming that freeing Britney—allowing her to, for example, choose how she spends her money or what she eats for dinner—was a mistake. They cite alleged evidence of erratic behavior such as the recent video that the 41-year-old Spears posted of herself dancing sexily with prop knives.

Usually such skeptics speak in a conspiratorial tone, indicating that they think of themselves as radical truth-tellers defying the pink-uniformed groupthink of the #FreeBritney movement. But Spears’s new memoir makes clear that this shaming and second-guessing, using the language of care and concern, is deeply conventional. She portrays herself—including with the title The Woman in Me—as battling the media expectation that she remain trapped in girlhood, virginal and helpless.

Read the full article.

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Read. A new book from Philippe Sands, The Last Colony, tells the story of the Chagossians, an island people who were expelled from their homes by the British and Americans.

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Katherine Hu contributed to this newsletter.

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The Republican Party’s Culture of Violence

The Atlantic

www.theatlantic.com › newsletters › archive › 2023 › 10 › republican-party-jordan-threats-violence › 675742

This is an edition of The Atlantic Daily, a newsletter that guides you through the biggest stories of the day, helps you discover new ideas, and recommends the best in culture. Sign up for it here.

The MAGA movement has been infused with violence and threats of violence for years. Those threats—now aimed at Republican lawmakers—are the new normal in the GOP.

First, here are four new stories from The Atlantic:

The hard truth about immigration A record of pure, predatory sadism Too many people own dogs. How the media got the hospital explosion wrong

Sleeping With a Gun by the Bed

The trash fire that is the Republican competition to elect the speaker of the House is entering a new phase now that Representative Jim Jordan of Ohio is out of the running. Nine men have put themselves forward; Representative Tom Emmer of Minnesota is the apparent favorite, at least for now. Of the nine, seven voted to overturn the 2020 presidential election. (Emmer and Representative Austin Scott of Georgia voted to certify the results.)

Before this contest moves into horse-race handicapping, we should revisit the astonishing stories from over the weekend about the threats made against Republican legislators during Jordan’s brief candidacy. CNN’s Jake Tapper, MSNBC’s Ali Velshi, and Aaron Blake at The Washington Post, among others, reported on these threats, but many Americans seem unable to muster more than a shrug and a kind of resigned acceptance that this is just how some Republicans are now. The only people who seem angry about this are the Republican lawmakers who, along with their families, received these threats.

Although Jordan repudiated these tactics, some of his colleagues blame him anyway, and Americans are now, as Blake wrote last week, in a “long-overdue” conversation about the role of threats in public life, one that “should include a recognition that these threats and intimidation can work, and probably have.”

That “conversation,” unfortunately, is unlikely to continue. Republicans have long feared their own voters, and have for years whispered about it among themselves. Now that Jordan has been defeated, they will likely go back to pretending that such threats are isolated incidents. But the threats during Jordan’s candidacy should confirm that Trump’s MAGA loyalists, firmly nested in the GOP, constitute a violent movement that refuses to lose any democratic contest—even to other members of its own party.

Some of these threats can be dismissed as the result of technology: The frictional costs of threatening people are basically nonexistent. Angry cranks once needed time and materials (envelopes and stamps, or at least a call to an information line) to say awful things. Today, people are surfing the internet with a smartphone—their personal secretary and valet—right by their side, so the interval between having a repulsive thought and expressing it to a target is now functionally zero.

But email and the internet, and political violence in the United States, have been around for a while. Only in the age of Trump have threats become a common part of daily American partisan politics. Almost anyone who is even remotely a public figure now gets them over almost anything, and Trump and his movement have gone quite far in killing any sense of shame for saying terrible things to other people or their families over political differences.

Not only does Trump expressly model this kind of behavior; he and his media enablers provide rationalizations for such threats. Ironically, many of these excuses were once associated with the violent far left a half-century ago: The system is rigged; democracy is a mug’s game; anyone who disagrees with you is an enemy; those in power will never give it up without being subjected to violence and intimidation. But much of it is also out of the far-right, fascist playbook: The elites are plotting against you; anyone who disagrees with you is obviously in on the plot; the only salvation is if We the People engage in violence ordained by God himself.

We’ve seen these illiberal, populist attitudes and beliefs before. What we have not seen in America until now is the capture of a major political party by this kind of paranoia and violence.

The threats around Jordan’s attempt to gain the gavel are also different because the people making them are reaching down into granular, inside-baseball GOP politics. In recent years, some MAGA adherents have made threats against their partisan opponents in order to defend Trump’s honor, or because they were convinced that the 2020 election was stolen. Now, however, the movement is turning on its own. Some people follow internal House conferences as if they are members of the caucus, and treat the election of a speaker—which is important, to be sure—as an existential battle.

Amazingly, these people made threats in support of … Jim Jordan. They are actually menacing other human beings over the ambitions of a loudmouthed, ineffectual member of Congress.

After threats over the speakership, what’s next? Death threats over who becomes deputy whip? Put the honorable Mr. Bloggs on the Rules Committee, or I’ll hurt your family? As the writer Eric Hoffer so presciently noted more than 70 years ago, decadence and boredom can be among the most useful raw materials for the construction of an authoritarian movement, and clearly, American society has plenty of both.

Many Republican legislators are scared, and they should be. Only 25 members of the House GOP conference voted against Jordan on the floor during the last round of voting. Many more opposed making him speaker; in a secret ballot, 112 of Jordan’s colleagues voted against him—which suggests that more than 80 of them feared doing so in public.

It’s not uncommon for members of Congress to vote one way among themselves and then cast a different vote on the floor, especially if the issue is one where the national party is at odds with the voters in a member’s district. Such political calculations, though sometimes distasteful, are common. But democracy cannot function if legislators feel that their lives—and those of their families—are in danger from their fellow citizens. No matter what happens with Trump and the MAGA cult, the Republican Party cannot go on this way, and some of the legislators who spoke up about threats during Jordan’s attempt to become speaker seem to know it.

What they are willing to do about it is less clear. But I wonder if the arrests and convictions for the January 6 insurrection are having their effect: One caller to a representative, after a string of f-bombs and barely veiled threats, made an effort to stipulate that he was speaking only of nonviolent harassment. Perhaps holding such people legally accountable for their actions—whether they intended violence or were just trying to throw a scare into others—might begin to reverse this trend.

Republican elected officials didn’t seem to care very much about such rhetoric when it was aimed at their opponents, and they were only briefly shaken on January 6, 2021, when a violent mob made clear that there was plenty of room reserved on the gibbet for Mike Pence and other Republican leaders. Perhaps they’ll take such threats more seriously now that their internal squabbles could lead to their wives having to sleep with a gun by the bed, but I suspect that the hyper-partisanship and stunning cowardice that brought the GOP to this moment will, as ever, win the day.

Related:

The new anarchy Only the GOP celebrates political violence.

Today’s News

Two more hostages were released by Hamas. The International Committee of the Red Cross said that it facilitated their release. The Philippines accused the Chinese coast guard of “intentionally” hitting its boats in a disputed area of the South China Sea. María Corina Machado won the Venezuelan opposition’s first presidential primary in more than a decade. If allowed to run, she will challenge President Nicolás Maduro in what he has promised will be an internationally monitored election next year.

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Famous People: Lizzie Plaugic and Kaitlyn Tiffany try to find ghosts in Manhattan, but all they see is Anderson Cooper’s apartment.

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P.S.

A while back, I said that I would occasionally use this space to revisit some 1980s musical oddities. This week, I want to remind you how very political music videos could be in the Decade of Excess. You’ve probably seen the video for the 1986 Genesis hit “Land of Confusion,” which used Britain’s Spitting Image puppets to portray world leaders such as Ronald Reagan and Margaret Thatcher to trippy effect. Reagan made a lot of appearances in words and images in those days, including in Sting’s “Russians,” Men at Work’s “It’s a Mistake,” and others.

But for my money, the best video with a Reagan reference was made by Frankie Goes to Hollywood. Better known for its huge dance hit “Relax,” in 1984, the band recorded “Two Tribes,” a song about nuclear war. (I wrote about MTV’s nuclear genre here.) The video features two actors, one obviously Reagan, and the other—and this is the cool trivia part—meant to be the Soviet leader Konstantin Chernenko. The two of them beat each other up until the world explodes. The end.

But wait—who? Exactly. Chernenko was leader of the U.S.S.R. for all of 13 months, mostly as a seat warmer in ill health. History has forgotten him, but thanks to a video filmed at the right moment in time, he will live on, forever headbutting Reagan and biting the American president’s ear in an eternal arena match.

— Tom

Katherine Hu contributed to this newsletter.

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