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United States

The Danger Ahead

The Atlantic

www.theatlantic.com › magazine › archive › 2024 › 01 › donald-trump-reelection-second-term-agenda › 676119

Editor’s Note: This article is part of “If Trump Wins,” a project considering what Donald Trump might do if reelected in 2024.

For all its marvelous creativity, the human imagination often fails when turned to the future. It is blunted, perhaps, by a craving for the familiar. We all appreciate that the past includes many moments of severe instability, crisis, even radical revolutionary upheaval. We know that such things happened years or decades or centuries ago. We cannot believe they might happen tomorrow.

When Donald Trump is the subject, imagination falters further. Trump operates so far outside the normal bounds of human behavior—never mind normal political behavior—that it is difficult to accept what he may actually do, even when he declares his intentions openly. What’s more, we have experienced one Trump presidency already. We can take false comfort from that previous experience: We’ve lived through it once. American democracy survived. Maybe the danger is less than feared?

In his first term, Trump’s corruption and brutality were mitigated by his ignorance and laziness. In a second, Trump would arrive with a much better understanding of the system’s vulnerabilities, more willing enablers in tow, and a much more focused agenda of retaliation against his adversaries and impunity for himself. When people wonder what another Trump term might hold, their minds underestimate the chaos that would lie ahead.

By Election Day 2024, Donald Trump will be in the thick of multiple criminal trials. It’s not impossible that he may already have been convicted in at least one of them. If he wins the election, Trump will commit the first crime of his second term at noon on Inauguration Day: His oath to defend the Constitution of the United States will be a perjury.

A second Trump term would instantly plunge the country into a constitutional crisis more terrible than anything seen since the Civil War. Even in the turmoil of the 1960s, even during the Great Depression, the country had a functional government with the president as its head. But the government cannot function with an indicted or convicted criminal as its head. The president would be an outlaw, or on his way to becoming an outlaw. For his own survival, he would have to destroy the rule of law.

From Trump himself and the people around him, we have a fair idea of a second Trump administration’s immediate priorities: (1) Stop all federal and state cases against Trump, criminal and civil. (2) Pardon and protect those who tried to overturn the 2020 election on Trump’s behalf. (3) Send the Department of Justice into action against Trump adversaries and critics. (4) End the independence of the civil service and fire federal officials who refuse to carry out Trump’s commands. (5) If these lawless actions ignite protests in American cities, order the military to crush them.

A restored Trump would lead the United States into a landscape of unthinkable scenarios. Will the Senate confirm Trump nominees who were chosen because of their willingness to help the president lead a coup against the U.S. government? Will the staff of the Justice Department resign? Will people march in the streets? Will the military obey or refuse orders to suppress demonstrations?

The existing constitutional system has no room for the subversive legal maneuvers of a criminal in chief. If a president can pardon himself for federal crimes—as Trump would likely try to do—then he could write his pardon in advance and shoot visitors to the White House. (For that matter, the vice president could murder the president in the Oval Office and then immediately pardon herself.) If a president can order the attorney general to stop a federal case against him—as Trump would surely do—then obstruction of justice becomes a normal prerogative of the presidency. If Trump can be president, then the United States owes a huge retrospective apology to Richard Nixon. Under the rules of a second Trump presidency, Nixon would have been well within his rights to order the Department of Justice to stop investigating Watergate and then pardon himself and all the burglars for the break-in and cover-up.

After Trump was elected in 2016, he was quickly surrounded by prominent and influential people who recognized that he was a lawless menace. They found ways to restrain a man they regarded as, to quote the reported words of Trump’s first secretary of state, “a fucking moron” and, to quote his second chief of staff, “the most flawed person I’ve ever met in my life,” whose “dishonesty is just astounding.” But there would be no Rex Tillerson in a second Trump term; no John Kelly; no Jeff Sessions, who as attorney general recused himself from the investigation into the president’s connections to Russia, leading to the appointment of an independent special counsel.

Since 2021, Trump-skeptical Republicans have been pushed out of politics. Representatives Liz Cheney and Adam Kinzinger forfeited their seats in the House for defending election integrity. Representative Tom Emmer withdrew his bid for House speaker over the same offense. The Republican Senate caucus is less hospitable to Trump-style authoritarianism—but notice that the younger and newer Republican senators (Ted Cruz, Josh Hawley, J. D. Vance) tend to support Trump’s schemes, while his opponents in the Senate belong to the outgoing generation. Trump’s leading rivals for the 2024 nomination seldom dare criticize his abuse of power.

Most of the people who would staff a second Trump term would be servile tools who have absorbed the brutal realities of contemporary Republicanism: defend democracy; forfeit your career. Already, an array of technically competent opportunists has assembled itself—from within right-wing think tanks and elsewhere—and has begun to plan out exactly how to dismantle the institutional safeguards against Trump’s corrupt and vengeful impulses. Trump’s likely second-term advisers have made clear that they would share his agenda of legal impunity and the use of law enforcement against his perceived opponents—not only the Biden family, but Trump’s own former attorney general and chairman of the Joint Chiefs of Staff.

If Trump wins the presidency again, the whole world will become a theater for his politics of revenge and reward. Ukraine will be abandoned to Vladimir Putin; Saudi Arabia will collect its dividends for its investments in the Trump family.

First-term Trump told aides that he wanted to withdraw from NATO. Second-term Trump would choose aides who would not talk him out of it. Other partners, too, would have to adjust to the authoritarianism and corruption of a second Trump term. Liberals in Israel and India would find themselves isolated as the U.S. turned toward reaction and authoritarianism at home; East Asian democracies would have to adjust to Trump protectionism and trade wars; Mexico’s antidemocratic Morena party would have scope to snuff out free institutions provided that it suppressed migration flows to the United States.

Anyway, the United States would be too paralyzed by troubles at home to help friends abroad.

If Trump is elected, it very likely won’t be with a majority of the popular vote. Imagine the scenario: Trump has won the Electoral College with 46 percent of the vote because third-party candidates funded by Republican donors successfully splintered the anti-Trump coalition. Having failed to win the popular vote in each of the past three elections, Trump has become president for the second time. On that thin basis, his supporters would try to execute his schemes of personal impunity and political vengeance.

In this scenario, Trump opponents would have to face a harsh reality: The U.S. electoral system has privileged a strategically located minority, led by a lawbreaking president, over the democratic majority. One side outvoted the other. The outvoted nonetheless won the power to govern.

The outvoted would happily justify the twist of events in their favor. “We are a republic, not a democracy,” many said in 2016. Since that time, the outvoted have become more outspoken against democracy. As Senator Mike Lee tweeted a month before the 2020 election: “Democracy isn’t the objective.”

So long as minority rule seems an occasional or accidental result, the majority might go along. But once aware that the minority intends to engineer its power to last forever—and to use it to subvert the larger legal and constitutional system—the majority may cease to be so accepting. One outcome of a second Trump term may be an American version of the massive demonstrations that filled Tel Aviv streets in 2023, when Prime Minister Benjamin Netanyahu tried to remake Israel’s court system.

And what might follow that? In 2020, Trump’s advisers speculated about the possibility of using the Army to crush protests against Trump’s plans to overturn that year’s election. Now those in Trump’s circle are apparently thinking further ahead. Some reportedly want to prepare in advance to use the Insurrection Act to convert the military into a tool of Trump’s authoritarian project. It’s an astonishing possibility. But Trump is thinking about it, so everybody else must—including the senior command of the U.S. military.

If a president can summon an investigation of his opponents, or summon the military to put down protests, then suddenly our society would no longer be free. There would be no more law, only legalized persecution of political opponents. It has always been Trump’s supreme political wish to wield both the law and institutional violence as personal weapons of power—a wish that many in his party now seem determined to help him achieve.

That grim negative ideal is the core ballot question in 2024. If Trump is defeated, the United States can proceed in its familiar imperfect way to deal with the many big problems of our time: the wars in the Middle East and Ukraine, climate change, educational standards and equal opportunity, economic growth and individual living standards, and so on. Stopping Trump would not represent progress on any of those agenda items. But stopping Trump would preserve the possibility of progress, by keeping alive the constitutional-democratic structure of the United States.

A second Trump presidency, however, is the kind of shock that would overwhelm all other issues. It would mark the turn onto a dark path, one of these rips between “before” and “after” that a society can never reverse. Even if the harm is contained, it can never be fully undone, as the harm of January 6, 2021, can never be undone. The long tradition of peaceful transitions of power was broken that day, and even though the attempt to stop the transition by violence was defeated, the violence itself was not expunged. The schemes and plots of a second Trump term may be defeated too. Yet every future would-be dictator will know: A president can attempt a coup and, if stopped, still return to office to try again.

As we now understand from memoirs and on-the-record comments, many of Trump’s own Cabinet appointees and senior staff were horrified by the president they served. The leaders of his own party in Congress feared and hated him. The GOP’s deepest-pocketed donors have worked for three years to nominate somebody, anybody, else. Yet even so, Trump’s co-partisans are converging upon him. They are convincing themselves that something can justify forgiving Trump’s first attempted coup and enabling a second: taxes, border control, stupid comments by “woke” college students.

For democracy to continue, however, the democratic system itself must be the supreme commitment of all major participants. Rules must matter more than outcomes. If not, the system careens toward breakdown—as it is careening now.

When Benjamin Franklin famously said of the then-new Constitution, “A republic, if you can keep it,” he was not suggesting that the republic might be misplaced absentmindedly. He foresaw that ambitious, ruthless characters would arise to try to break the republic, and that weak, venal characters might assist them. Americans have faced Franklin’s challenge since 2016, in a story that has so far had some villains, many heroes—and just enough good luck to tip the balance. It would be dangerous to continue to count on luck to do the job.

This article appears in the January/February 2024 print edition with the headline “The Revenge Presidency.”

Trump Will Abandon NATO

The Atlantic

www.theatlantic.com › magazine › archive › 2024 › 01 › trump-2024-reelection-pull-out-of-nato-membership › 676120

Editor’s Note: This article is part of “If Trump Wins,” a project considering what Donald Trump might do if reelected in 2024.

“I don’t give a shit about NATO.” Thus did former President Donald Trump once express his feelings about America’s oldest and strongest military alliance. Not that this statement, made in the presence of John Bolton, the national security adviser at the time, came as a surprise. Long before he was a political candidate, Trump questioned the value of American alliances. Of Europeans, he once wrote that “their conflicts are not worth American lives. Pulling back from Europe would save this country millions of dollars annually.” NATO, founded in 1949 and supported for three-quarters of a century by Democrats, Republicans, and independents alike, has long been a particular focus of Trump’s ire. As president, Trump threatened to withdraw from NATO many times—including, infamously, at the 2018 NATO summit.

But during Trump’s time in office, the withdrawal never happened. That was because someone was always there to talk him out of it. Bolton says he did; Jim Mattis, John Kelly, Rex Tillerson, Mike Pompeo, and even Mike Pence are thought to have done so too.

But they didn’t change his mind. And if Trump is reelected in 2024, none of those people will be in the White House. All of them have broken with the former president, in some cases dramatically, and there isn’t another pool of Republican analysts who understand Russia and Europe, because most of them either signed statements opposing him in 2016 or criticized him after 2020. In a second term, Trump would be surrounded by people who either share his dislike of American security alliances or don’t know anything about them and don’t care. This time, the ill will that Trump has always felt toward American allies would likely manifest itself in a clear policy change. “The damage he did in his first term was reparable,” Bolton told me. “The damage in the second term would be irreparable.”

Institutionally, and maybe even politically, leaving NATO could be difficult for Trump. As soon as he announced his intentions, a constitutional crisis would ensue. Senate approval is required for U.S. treaties—but the Constitution says nothing about congressional approval for withdrawal from treaties. Recognizing this gap in the law, Democratic Senator Tim Kaine and Republican Senator Marco Rubio introduced legislation, which has already passed the Senate, designed to block any U.S. president from withdrawing from NATO without two-thirds Senate approval or an act of Congress. Kaine told me he feels “confident that the courts would uphold us on that and would not allow a president to unilaterally withdraw,” but there would certainly be a struggle. A public-relations crisis would unfold too. A wide range of people—former supreme allied commanders, former chairmen of the Joint Chiefs of Staff, former presidents, foreign heads of state—will surely rally to make the case for NATO, and very loudly.

But none of that would necessarily matter, because long before Congress convenes to discuss the treaty, the damage will have been done. That’s because NATO’s most important source of influence is not legal or institutional, but psychological: It creates an expectation of collective defense that exists in the mind of anyone who would threaten a member of the alliance. If the Soviet Union never attacked West Germany between 1949 and 1989, that was not because it feared a German response. If Russia has not attacked Poland, the Baltic states, or Romania over the past 18 months, that’s not because Russia fears Poland, the Baltic states, or Romania. The Soviet Union held back, and Russia continues to do so now, because of their firm belief in the American commitment to the defense of those countries.

This deterrent effect doesn’t come just from the NATO treaty, a bare-bones document whose signatories simply agree in Article 5 that “an armed attack against one or more of them in Europe or North America shall be considered an attack against them all.” Deterrence comes from the Kremlin’s conviction that Americans really believe in collective defense, that the U.S. military really is prepared for collective defense, and that the U.S. president really is committed to act if collective security is challenged. Trump could end that conviction with a single speech, a single comment, even a single Truth Social post, and it won’t matter if Congress, the media, and the Republican Party are still arguing about the legality of withdrawing from NATO. Once the commander in chief says “I will not come to an ally’s aid if attacked,” why would anyone fear NATO, regardless of what obligations still exist on paper? And once the Russians, or anyone else, no longer fear a U.S. response to an attack, then the chances that they will carry one out grow higher. If such a scenario seems unlikely, it shouldn’t. Before February 2022, many refused to believe there could ever be a full-scale Russian invasion of Ukraine.

When I asked several people with deep links to NATO to imagine what would happen to Europe, to Ukraine, and even to Taiwan and South Korea if Trump declared his refusal to observe Article 5, all of them agreed that faith in collective defense could evaporate quickly. Alexander Vershbow, a former U.S. ambassador to NATO and a former deputy secretary-general of NATO, pointed out that Trump could pull the American ambassador from his post, prevent diplomats from attending meetings, or stop contributing to the cost of the Brussels headquarters, all before Congress was able to block him: “He wouldn’t be in any way legally constrained from doing that.” Closing American bases in Europe and transferring thousands of soldiers would take longer, of course, but all of the political bodies in the alliance would nevertheless have to change the way they operate overnight. James Goldgeier, an international-relations professor at American University and the author of several books on NATO, thinks the result would be chaotic. “It’s not like you can say, ‘Okay, now we have another plan for how to deal with this,’ ” he told me. There is no alternative leadership available, no alternative source of command-and-control systems, no alternative space weapons, not even an alternative supply of ammunition. Europe would immediately be exposed to a possible Russian attack for which it is not prepared, and for which it would not be prepared for many years.

Without NATO, and without an American commitment to European security, supplies for Ukraine would also dry up. The prospect of America leaving NATO would force many European countries to keep their military resources at home; after all, they might soon face invasion as well. The Ukrainians would begin to run out of ammunition quite quickly. The Russian conquest of all of Ukraine—still President Vladimir Putin’s goal—would become thinkable once again. Ukrainian military logistics would become much harder, because the Russians could bomb airports and other supply hubs in Poland and Romania. They have already come very close: At least one Russian missile accidentally struck Poland, and Russian strikes have hit the Romanian-Ukrainian border. Early in the war, the Russians deliberately attacked a base in western Ukraine, very near the Polish border, where foreign soldiers were known to be training. If the Russians begin to target bases inside Poland itself, the logistics of arming Ukraine become impossible.

This change would immediately reverberate beyond Europe. Once Trump has made clear that he no longer supports NATO, all of America’s other security alliances would be in jeopardy as well. Taiwan, South Korea, Japan, and even Israel would figure they can no longer count on automatic American support. The end of NATO might not affect them directly, but its demise would signal that everyone, everywhere, has to assume the United States is no longer a reliable ally.

Over time, all of America’s allies would begin to hedge. Many European countries would cozy up to Russia. Many Asian countries would calculate that, as Kaine puts it, “I guess we need to get closer to China, just as a matter of self-preservation.” To avoid invasion, pragmatic leaders near China or Russia might begin to take more seriously the commercial and political demands from the world’s second- and third-largest military powers, respectively. At the same time, many political parties and heads of state (both in and out of power) backed by Russia and China—or Iran, Venezuela, Cuba—would have a compelling new argument in favor of autocratic methods and tactics: America, a country whose image has already been severely damaged by Trump and Trumpism, would be seen to be retreating. Over time, American economic influence would decline too. Trade agreements and financial arrangements would change, which would have an impact on American companies and eventually the U.S. economy.

If Trump is reelected, Americans will be so consumed by the drama of their own failing institutions that, for a long while, most won’t note the problems caused by the shifting international order. Lithuania’s and South Korea’s troubles would seem distant, irrelevant. The end of American influence would probably unfold in relative obscurity. By the time people here realize how much has changed, it will be too late.

This article appears in the January/February 2024 print edition with the headline “America Will Abandon NATO.”

The Specter of Family Separation

The Atlantic

www.theatlantic.com › magazine › archive › 2024 › 01 › trump-2024-reelection-immigration-stephen-miller › 676122

Editor’s Note: This article is part of “If Trump Wins,” a project considering what Donald Trump might do if reelected in 2024.

Almost as soon as Donald Trump took office in 2017, agents from Immigration and Customs Enforcement were dispatched across the country to round up as many undocumented foreigners as possible, and the travel ban put into limbo the livelihoods of thousands of people from majority-Muslim countries who had won the hard-fought right to be here—refugees, tech entrepreneurs, and university professors among them. The administration drew up plans for erecting a border wall, as well as an approach to stripping away the due-process rights of noncitizens so they could be expelled faster. These changes to American immigration policy took place in the amount of time that it would take the average new hire to figure out how to use the office printer.

Within days of Trump’s election, his key immigration adviser, Stephen Miller, was already gathering a group of loyal bureaucrats to start drafting executive orders. Civil servants who were veterans of the George W. Bush administration found the proposals to be so outlandishly impractical, if not also harmful to American interests and perhaps even illegal, that they assumed the ideas could never come to fruition. They were wrong. Over the next four years, lone children were loaded onto planes and sent back to the countries they had fled without so much as a notification to their families. Others were wrenched from their parents’ arms as a way of sending a message to other families abroad about what awaited them if they, too, tried to enter the United States.

[From the September 2022 issue: The secret history of the U.S. government’s family-separation policy]

If given another chance to realize his goals, Miller has essentially boasted in recent interviews that he would move even faster and more forcefully. And Trump, who’s been campaigning on the promise to finish the job he started on immigration policy, would fairly assume if he is reelected that harsh restrictions in that arena are precisely what the American people want. “Following the Eisenhower model, we will carry out the largest domestic deportation operation in American history,” he declared during a speech in Iowa in September, referring to 1954’s offensively titled Operation Wetback, under which hundreds of thousands of people with Mexican ancestry were deported, including some who were American citizens.

Trump and other key fixtures of his time in office have refused to rule out trying to reinstate family separations. They have been explicit about their plans to send ICE agents back into the streets to make arrests (with help from the FBI, the Drug Enforcement Administration, and the National Guard), and finish their work on the wall. They say that they will reimpose the pandemic-related expulsion policy known as Title 42, which all but shut off access to asylum, and that they will expand the use of military-style camps to house people who are caught in the enforcement dragnet. They have laid out plans and legal rationales for major policy changes that they didn’t get around to the first time, such as ending birthright citizenship, a long-held goal of Trump’s. They’ve floated ideas such as screening would-be immigrants for Marxist views before granting them entry, and using the Alien and Sedition Acts in service of deportations. Trump and his advisers have also made clear that they intend to invoke the Insurrection Act to allow them to deploy the U.S. military to the border, and to use an extensive naval blockade between the United States and Latin America to fight the drug trade. That most drug smuggling occurs at legal ports of entry doesn’t matter to Trump and his team: They seem to have reasonably concluded that immigration restrictions don’t have to be effective to be celebrated by their base.

The breakneck pace of work during Miller’s White House tour was periodically hampered by worried bureaucrats attempting end runs around him, or by his most powerful detractors, Ivanka Trump and Jared Kushner, whispering reservations into the president’s ear. But Trump’s daughter and son-in-law have left politics altogether, and Miller used Trump’s term to perfect strategies for disempowering anyone else who dared to challenge him. As for job applicants to work in a second Trump administration, Miller told Axios that being in lockstep with him on immigration issues would be “non-negotiable.” Others need not apply.

Those who choose to join Trump in this mission to slash immigration would do so knowing that they would face few consequences, if any, for how they go about it: Almost all of the administration officials who pushed aggressively for the most controversial policies of Trump’s term continue to enjoy successful careers.

The speed of Trump’s work on immigration can obscure its impact in real time. This is why Lucas Guttentag, a law professor at Stanford and Yale and a senior counselor on immigration issues in the Obama and Biden administrations, created a database with his students to log and track the more than 1,000 immigration-policy changes made during Trump’s years in office. Most remain in place. This is worth dwelling on. Trump’s time in office already represents a resurgence of old, disproven ideas about the inherent threat—physical, cultural, and economic—posed by immigrants. And if Trump does return to office, this moment may qualify less as a blip than an era: a period like previous ones when such misconceptions prevailed, and laws like the Chinese Exclusion Act and eugenics-based national-origins quotas ruled the day.

[Caitlin Dickerson: America never wanted the tired, poor, huddled masses]

Returning Trump to the presidency would reopen wounds that have barely healed in the communities he has said he would target immediately. Recently, I stood outside a church in the Northeast that caters mostly to undocumented farmworkers, with a Catholic sister who oversees the parish’s programming. As we stood in the autumn light, I remarked on the picturesque scene around her place of worship and work. She replied by pointing in one direction, then another, then another, at the places where she said ICE agents used to hide out on Sunday mornings during the Trump administration, waiting to capture her congregants as they left Mass to go about their weekly errands at the laundromat and the grocery store.

Beyond the emotional impact of Trump’s return, the economy could also face a pummeling if the number of immigrant workers, legal and otherwise, were to drop. In a November 2022 speech, Jerome Powell, the chair of the Federal Reserve, detailed the harm from COVID-related dips in immigration, which left the country short an estimated 1 million workers.

America’s rightward shift on immigration is part of a global story in which Western countries are, in general, turning against immigrants. But the world tends to look to the United States as a guide for what sorts of checks on immigration are socially permissible. A new Trump administration would provide a pretty clear answer: just about any.

An anything-goes approach to immigration enforcement may indeed be what the country is left with if Trump succeeds in the next general election. “The first 100 days of the Trump administration will be pure bliss,” Stephen Miller told Axios, “followed by another four years of the most hard-hitting action conceivable.”

This article appears in the January/February 2024 print edition with the headline “The Specter of Family Separation.”

How Trump Gets Away With It

The Atlantic

www.theatlantic.com › magazine › archive › 2024 › 01 › trump-reelection-fbi-investigations-indictments › 676123

Editor’s Note: This article is part of “If Trump Wins,” a project considering what Donald Trump might do if reelected in 2024.

If Donald Trump regains the presidency, he will once again become the chief law-enforcement officer of the United States. There may be no American leader less suited to “take Care that the Laws be faithfully executed,” as the Constitution directs the president. But that authority comes with the office, including command of the Justice Department and the FBI.

We know what Trump would like to do with that power, because he’s said so out loud. He is driven by self-interest and revenge, in that order. He wants to squelch the criminal charges now pending against him, and he wants to redeploy federal prosecutors against his enemies, beginning with President Joe Biden. The important question is how much of that agenda he could actually carry out in a second term.

Trump tried and failed to cross many lines during his time in the White House. He proposed, for example, that the IRS conduct punitive audits of his political antagonists and that Border Patrol officers shoot migrants in the legs. Subordinates talked the former president out of many such schemes or passively resisted them by running out the clock. The whole second volume of Special Counsel Robert Mueller’s report, which documented 10 occasions on which Trump tried to obstruct justice, can be read as a compilation of thwarted directives.

[From the November 2023 issue: How General Mark Milley protected the Constitution from Donald Trump]

The institutional resistance Trump faced has reinforced his determination to place loyalists in key jobs should he win reelection. One example is Jeffrey Clark, who tried to help Trump overturn the 2020 election. Trump sought to appoint Clark as acting attorney general in early January 2021, but backed off after a mass-resignation threat at the DOJ. People who know him well suggest that he would not let that threat deter him a second time. Trump will also want to fire Christopher Wray, the FBI director, and replace him with someone more pliable. Only tradition, not binding law, prevents the president and his political appointees from issuing orders to the FBI about its investigations.

The top jobs at the DOJ require Senate confirmation, and even a Republican Senate might not confirm an indicted conspirator to overturn an election like Clark for attorney general. Under the Vacancies Reform Act, which regulates temporary appointments, Trump can appoint any currently serving Senate-confirmed official from anywhere in the executive branch as acting attorney general. Of course, all of the officials serving at the beginning of his new term would be holdovers from the Biden administration.

Trump’s allies are searching for loyalists among the Republicans currently serving on several dozen independent boards and commissions, such as the Federal Trade Commission, that have “party balancing” requirements for their appointees. Alternatively, Trump could choose any senior career official in the Justice Department who has served for at least 90 days in a position ranked GS-15 or higher on the federal pay scale—a cohort that includes, for example, senior trial attorneys, division counsels, and section chiefs. As Anne Joseph O’Connell, a Stanford law professor and an expert on the Vacancies Reform Act, reminded me, “This is how we got Matthew Whitaker,” the former attorney general’s chief of staff, as acting attorney general. (Whitaker was widely criticized as unqualified.)

Would some career officials, somewhere among the department’s 115,000 employees, do Trump’s bidding in exchange for an acting appointment? Trump’s team is looking.

Once Trump has installed loyalists in crucial posts, his first priority—an urgent one for a man facing 91 felony charges in four jurisdictions—would be to save himself from conviction and imprisonment.

Of the four indictments against him, two are federal: the Florida case, with charges of unlawful retention of classified documents and obstruction of justice, and the Washington case, which charges Trump with unlawful efforts to overturn the 2020 election. Those will be the easiest for him to dispose of.

To begin with, there is little to stop Trump from firing Special Counsel Jack Smith, who is overseeing both of the federal investigations. Justice Department regulations confer a measure of protection on a special counsel against arbitrary dismissal, but he may be removed for “misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause.” That last clause is a catchall that Trump could readily invoke.

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

The regulations state that a special counsel may be fired “only by the personal action of the Attorney General,” but that would not stop Trump either. In the unlikely event that his handpicked attorney general were reluctant, he could fire the attorney general and keep on firing successors until he found one to do his bidding, as Richard Nixon did to get rid of Archibald Cox. Alternatively, Trump could claim—and probably prevail, if it came to a lawsuit—that the president is not bound by Justice Department regulations and can fire the special counsel himself.

Smith’s departure would still leave Trump’s federal criminal charges intact, but no law would prevent Trump from ordering that they be dropped. He could do so even with a trial in progress, right up to the moment before a jury returned a verdict. No legal expert I talked with expressed any doubt that he could get away with this.

Dismissing the charges would require the trial judges’ consent. But even if the judges were to object, Trump would almost certainly win on appeal: The Supreme Court is not likely to let a district judge decide whether or not the Justice Department has to prosecute a case.

Trump will be able to avoid going to prison even if he has already been convicted of federal charges before he is sworn in. Here again, a trial judge is unlikely to order Trump imprisoned, even after sentencing, before he exhausts his appeals. And there is no plausible scenario in which that happens before Inauguration Day.

At any time while Trump’s appeals are pending, his Justice Department may notify the appellate court that the prosecution no longer wishes to support his conviction. This is known as a confession of error on the government’s part; the effect, if the court grants the request, is to vacate a conviction. Under Attorney General Bill Barr, the Trump administration did something to similar effect in a false-statements case against former National Security Adviser Michael Flynn, moving to dismiss the charges after Flynn had pleaded guilty but before his sentencing. (Trump later pardoned Flynn.) According to the relevant rule of criminal procedure, dismissal during prosecution—including on appeal from a conviction—requires “leave of the court,” but it’s highly unlikely that an appellate court would refuse to grant such a motion to dismiss.

Trump might also invoke the pardon power on his own behalf. He has already asserted, as far back as 2018, that “I have the absolute right to PARDON myself.” No president has ever tried this, and whether he can is a contested question among legal scholars. Experts who agree with Trump say the Constitution frames the pardon power as total but for one exception, implicitly blessing all other uses. (The exception is that the president may not pardon an impeachment.) Those who disagree include the Justice Department itself, through its Office of Legal Counsel, which concluded in 1974 that a self-pardon would be invalid under “the fundamental rule that no one may be a judge in his own case.”

But the debate over self-pardons wouldn’t matter much to Trump in practice. If he pardoned himself of all criminal charges, there would be no one with standing to challenge the pardon in court—other than, perhaps, the Justice Department, which would be under Trump’s control.

Unlike the federal charges, Trump’s state criminal cases—for alleged racketeering and election interference in Georgia and hush-money payments to a porn star in New York—would not fall under his authority as president. Even so, the presidency would very likely protect him for at least the duration of his second term.

The Office of Legal Counsel, which makes authoritative interpretations of the law for the executive branch, has twice opined, in 1973 and again in 2000, that “the indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.” That conclusion is binding for federal prosecutors, but state prosecutors are not obliged to follow it.

No one knows what would happen if Fani Willis, the district attorney in Fulton County, Georgia, or Alvin Bragg, the DA in New York, decided to press ahead with their cases against Trump should he regain the presidency. Like so many outlandish questions pertaining to Trump, this one has no judicial precedent, because no sitting president has ever been charged with felony crimes. But legal scholars told me that Trump would have strong arguments, at least, to defer state criminal proceedings against him until he left the White House in 2029. By then, new prosecutors, with new priorities, may have replaced Willis and Bragg.

Trump has named a long list of people as deserving of criminal charges, or execution. Among them are Joe Biden, Mark Milley, James Comey, Andrew McCabe, John Brennan, James Clapper, and Arthur Engoron, the judge in his New York civil fraud case.

If he returns to office, Trump may not even have to order their prosecutions himself. He will be surrounded by allies who know what he wants. One likely DOJ appointee is Mike Davis, a Republican who has substantial government credentials: He was a law clerk for Supreme Court Justice Neil Gorsuch and chief counsel for nominations to Senator Charles Grassley when Grassley chaired the Judiciary Committee.

If Davis were acting attorney general, he said on a right-wing YouTube show, he would “rain hell on Washington.” First, “we’re gonna fire a lot of people in the executive branch, in the deep state.” He would also “indict Joe Biden and Hunter Biden and James Biden and every other scumball, sleazeball Biden.” And “every January 6 defendant is gonna get a pardon.” Trump could not immediately appoint an outsider like Davis attorney general. But he could make him a Justice Department section chief, and then appoint him as acting attorney general after 90 days.

Trump could also appoint—or direct his attorney general to appoint—any lawyer, at any time, as special counsel to the Justice Department, with the authority to bring charges and prosecute a case. Trump might not be able to convict his political enemies of spurious charges, but he could immiserate them with years of investigations and require them to run up millions of dollars in legal fees.

Likewise, if he managed to place sufficiently zealous allies in the Office of Legal Counsel, Trump could obtain legal authority for any number of otherwise lawless transgressions. Vice President Dick Cheney did that in the George W. Bush administration, inducing the OLC to issue opinions that authorized torture and warrantless domestic surveillance. Those opinions were later repudiated, but they guided policy for years. Trump’s history suggests that he might seek comparable legal blessing for the use of lethal force at the southern border, deployment of federal troops against political demonstrators, federal seizure of state voting machines, or deferral of the next election in order to stay in power. He would be limited only by the willingness of Congress, the Supreme Court, and the career civil service to say no.

It occurred to me, as I interviewed government veterans and legal scholars, that they might be blinkered by their own expertise when they try to anticipate what Trump would do. All of the abuses they foresee are based on the ostensibly lawful powers of the president, even if they amount to gross ruptures of legal norms and boundaries. What transgressions could he commit, that is, within the law?

But Trump himself isn’t thinking that way. On Truth Social, in December 2022, he posted that righting a wrong of sufficient “magnitude” (in this case, his fictitious claim of election fraud) “allows for the termination of all rules, regulations, and articles, even those found in the Constitution.”

The “take Care” clause of the Constitution calls for the president to see that laws are carried out faithfully. But what if a court rules against Trump and he simply refuses to comply? It’s not obvious who would—or could—enforce the ruling.

This article appears in the January/February 2024 print edition with the headline “Trump Will Get Away With It.”

The Climate Can’t Afford Another Trump Presidency

The Atlantic

www.theatlantic.com › magazine › archive › 2024 › 01 › trump-climate-change-denial-paris-agreement › 676125

Editor’s Note: This article is part of “If Trump Wins,” a project considering what Donald Trump might do if reelected in 2024.

On the last Saturday before Donald Trump took office, in January 2017, I watched the controlled chaos of a hackathon unfold in a library at the University of Pennsylvania. Volunteer archivists, librarians, and computer scientists were trawling government websites, looking for data sets about climate change to duplicate for safekeeping. Groups like this were meeting across the country. Flowcharts on whiteboards laid out this particular room’s priorities: copy decades of ice-core statistics from the National Oceanic and Atmospheric Administration; scrape the Environmental Protection Agency’s entire library of local air-monitoring results from the previous four years; find a way to preserve a zoomable map of the factories and power plants emitting the most greenhouse gases.

The fear was that the incoming administration would pull information like this from public view—and within a week, it did. By noon on Inauguration Day, the Trump administration had scrubbed mentions of climate change from the White House website. By May, officials had taken down the EPA’s page laying out climate science for the general public, as well as 108 pages associated with the Clean Power Plan, the landmark Obama policy meant to curb emissions from power plants—months before the Trump administration tried to repeal the policy altogether.

The administration’s goal was to bury the issue of climate change. Nothing was done to address it; the very mention of it was knocked from the national agenda—and, by extension, the international agenda. If Trump returns to office, he will surely double down on this strategy.

First, the global implications: The United States would probably exit from the Paris Agreement again, Michael Gerrard, the founder and director of the Sabin Center for Climate Change Law at Columbia University, told me. Despite its status as the wealthiest big emitter, the United States continues to express little to no interest in substantially funding global climate action, even during Democratic administrations. For now, though, at least the country is still at the table for international climate talks. Pulling out of Paris might be a largely symbolic move, but it could have a domino effect. “India, Indonesia, Brazil—if they see the U.S. is not acting, it’s easy for conservative politicians in those countries to say, ‘These big rich guys aren’t doing anything; why should we?’ ” Gerrard said.

Domestically, it would in some ways be harder now for Trump to meaningfully alter climate policy than it was when he first came to office. Electric vehicles have become popular, and solar power will likely be the cheapest source of electricity in basically every country by 2030. Heat pumps have proved to be fantastically efficient, and a bipartisan consortium of 25 governors just agreed to quadruple the number of them installed in homes in their states. One consequence of the Trump administration was the emergence of a new kind of subnational climate diplomacy: Mayors and governors began meeting with international leaders to discuss the issue on their own. During a second Trump term, these efforts would surely pick up again.

In addition, certain new climate-friendly policies are so good for Republican states that their representatives probably won’t want to touch them. The Inflation Reduction Act of 2022 promotes clean power by offering major tax credits to individuals and businesses that make or use renewable energy, and most of that money is likely to flow to red states.

[Read: Not even a single Republican voted for the climate bill]

But a second Trump administration could still do major damage. The fossil-fuel lobby would work to dismantle climate policies. Groups led by the Heritage Foundation and the America First Policy Institute are already making a “battle plan” to block electricity-grid updates that would allow for solar and wind expansion, to prevent states from adopting California’s car-pollution standards, and to gut clean-power divisions at the Department of Energy, among other things.

Under a second Trump term, the EPA would no doubt be threatened with budget cuts, as it was during the first. Staffers would likely retire en masse, as they did before, and enforcement of climate policy would slow or stop.

But the first thing to go will likely be the websites—again. The U.S. has no law against a government agency deleting pages from its own websites, even if the information on them is in the public interest. “We have been telling the Biden administration that this is a real vulnerability,” Gretchen Gehrke, a co-founder of the Environmental Data and Governance Initiative, told me. For now, all of the data sets that those teams of hackers scraped the first time around are still housed on private servers, just in case.

This article appears in the January/February 2024 print edition with the headline “Climate Denial Will Flourish.”

The Supreme Court Takes On Yet Another Made-Up Controversy

The Atlantic

www.theatlantic.com › ideas › archive › 2023 › 12 › moore-v-united-states-tax-code-supreme-court › 676206

The Supreme Court rarely hears tax cases, and tax cases rarely threaten to affect the public at large. Moore v. United States, to be argued tomorrow, is that rare exception. The case raises an issue at once beguilingly simple and oddly difficult: What does income mean? This is a question with ramifications for virtually every area of American taxation; depending on how the Court answers it, Moore could produce a chaotic ruling that casts constitutional doubt on huge swaths of the tax system. But it’s also a question that the Court doesn’t need to answer, and one that it shouldn’t. The issue teed up in Moore may be so intellectually stimulating that nobody seems to have noticed that the case has been fundamentally misframed.

The story of Moore starts in 2017, when President Donald Trump signed the Tax Cuts and Jobs Act. The law aimed to minimize the incentive for U.S. corporations to hoard money overseas by reducing certain taxes on foreign earnings. But, in exchange, U.S. investors would have to pay a onetime tax on accumulated foreign profits going back several decades—the so-called transition tax. Charles and Kathleen Moore are among the Americans affected by the change. In 2006, they invested $40,000 in KisanKraft, an Indian company owned by a friend. They allege that they never received any payments from the company because all of its profits were reinvested. The transition tax nevertheless stuck the Moores with a $15,000 tax bill based on the company’s retained earnings. The Moores countered that the transition tax is unconstitutional because it exceeds Congress’s power under the Sixteenth Amendment. That amendment, ratified in 1913, explicitly empowers Congress to tax incomes. But the Moores argue that unrealized gains aren’t income at all.

The Sixteenth Amendment itself was a response to a constitutional controversy. The original text of the Constitution requires that “direct taxes” be “apportioned” among the states. If you’re wondering what “direct tax” means, you’re in good company: James Madison’s notes on the constitutional convention suggest that the drafters didn’t know what those words meant, and Alexander Hamilton later considered it “a matter of regret that terms so uncertain and vague in so important a point are to be found in the Constitution.” But “apportioned” is clear. It means that the burden of a tax must be proportional to each state’s population, in the same manner that congressional representatives are apportioned. A state with a quarter of the national population should pay no more and no less than a quarter of the national burden of any “direct” tax. In 1895, in a case called Pollock v. Farmers’ Loan & Trust Company, the Supreme Court held that the federal income tax was, in fact, direct—and, because it wasn’t apportioned, unconstitutional. Indeed, an apportioned income tax is hard to imagine: It would require higher tax rates in poorer states. (Just think of two states with exactly the same population—so they must pay exactly the same aggregate amount—but with hugely unequal incomes. To produce the same amount of revenue, the percent rate would have to be higher in the state where incomes are lower.)   

[Evelyn Douek and Genevieve Lakier: The Supreme Court seems poised to decide an imaginary case]

The Sixteenth Amendment effectively overruled Pollock by giving Congress the power to collect income taxes “without apportionment.” But the Moores contend that the transition tax isn’t really a tax on “income” at all, because they personally never realized any income from KisanKraft. The company might have become more valuable over time, but the cash was retained and reinvested in the firm. If there’s no income, they argue, the Sixteenth Amendment doesn’t apply, and the tax can’t be imposed unless it’s apportioned among the states. The potential sweep of this claim is hard to overstate. The United States already taxes a great deal of business profits, regardless of whether those dollars are distributed to individuals. Partnerships and S corporations are taxed this way, and such businesses now earn trillions of dollars each year. None of those tax regimes is, or plausibly could be, apportioned. So a victory for the Moores could suddenly jeopardize much of the federal government’s ability to raise revenue.

Luckily, the Court can easily avoid that result without even touching the income question. This is because the Constitution gives Congress a separate power to enact unapportioned taxes: It can impose “duties” and “excises” under Article I Section 8. The duty-and-excise power is far less famous than the Sixteenth Amendment, but it has long been the unsung workhorse of American taxation. The gift tax, estate tax, and corporate tax, for example, were all upheld by the Supreme Court not as taxes on income but as a duty or excise. And that is by far the best way to frame the transition tax at issue in Moore. The Supreme Court has long held that the duty-and-excise power extends to cases in which the government taxes the “doing of business in a certain way,” and the transition tax is fundamentally a tax on a certain kind of business activity—namely, doing business through a foreign firm.

This isn’t some 21st-century rationalization guaranteed to alienate originalists on the Supreme Court. In 1794, for example, Congress imposed a special duty on retailers of “foreign distilled spirituous liquors.” Our economy has come a long way since the Whiskey Rebellion, but the principle remains the same. Long before the great legal showdown over the personal-income tax, Congress had been taxing business owners and operators in all sorts of ways, largely without controversy. Even in Pollock, the Supreme Court blessed the many cases in which “taxation on business, privileges, or employments has assumed the guise of an excise tax and been sustained as such.” (I explore this argument at greater length in a forthcoming article in the journal Tax Notes.)

And yet the government has barely mentioned this history in its defense of the transition tax. It devoted only one paragraph to an “excise” theory in its court-of-appeals brief and a few short pages at the very end of its Supreme Court brief, almost as an afterthought. This has created the unsettling impression that the Court needs to say something about the income question. But the Court shouldn’t decide a more difficult constitutional question with sweeping and unpredictable consequences when a narrower and more solid path is available. Rather than upset the applecart, the Court should send the case back for the lower court to consider the transition tax as akin to every other federal tax on business activities: justified not since 1913 as a tax on income but since 1789 as a commercial duty or excise.

Ron DeSantis Does Not Seem to Be Enjoying Himself

The Atlantic

www.theatlantic.com › politics › archive › 2023 › 12 › ron-desantis-republican-iowa-primary › 676226

This story seems to be about:

On Saturday afternoon, with just over six weeks to go until the Iowa caucuses, Ron DeSantis told a story about how he once bravely stood up to the Special Olympics.

He was speaking atop a small platform in a partitioned-off section of a former roller rink in Newton, Iowa, dubbed “the Thunderdome.” The anecdote, like so many, had something to do with the tyranny of vaccine mandates. DeSantis said he had met a family at the Iowa State Fair, and that one of their children had wanted to participate in the Special Olympics, but wasn’t vaccinated. As it happened, the games were being held in Florida, where DeSantis serves as governor. “Well, we don’t have discrimination in Florida on that,” he said, meaning vaccination status. “So we were able to tell the Special Olympics, you let all the athletes compete!” People hooted.

This narrative followed a familiar arc: The Florida governor had confronted something he didn’t like, and, after a brief crusade, emerged victorious. DeSantis plays the part of a fearless maverick pursuing justice—even if that means picking a fight with a well-respected nonprofit. All year long on the campaign trail, self-awareness has seemed to elude him. “What you don’t want to do is repel people for no reason,” DeSantis told the room a little later.

[Mark Leibovich: Just wait until you get to know Ron DeSantis]

Saturday’s speech marked the culmination of DeSantis’s 99-county tour of Iowa. The event may have been intended as a moment of triumph, but the crowd on this cold, dreary afternoon was, at approximately 400 attendees, not at capacity. Outside the venue, you could buy buttons that said RON ’24 HE’S KIND OF A BIG DEAL! with an illustration of DeSantis mashed up with Anchorman’s Ron Burgundy. Other merchandise leaned harder into DeSantis’s culture-warrior reputation: SOCIALISM SUCKS, ANNOY A LIBERAL WORK HARD BE HAPPY, CRITICAL RACE THEORY with a no-smoking slash through it, and DESANTISLAND with the Disney D.

Is this angle working? Despite his GOP fame and high-profile endorsements, his polling average is trending in the wrong direction. He has more or less staked his candidacy on winning Iowa. But now he’s almost tied with former U.S. Ambassador Nikki Haley in the polls there, and elsewhere, for distant second place to former President Donald Trump. He may soon slip to third. His super PAC, Never Back Down, just fired its CEO, Kristin Davison, after nine days on the job. (She had taken over for the previous CEO, who had resigned around Thanksgiving, along with the group’s chair.) I asked Never Back Down what potential voters should make of all these changes. The group’s spokesperson sent a statement: “Never Back Down has the most organized, advanced caucus operation of anyone in the 2024 primary field, and we look forward to continuing that great work to help elect Gov. DeSantis the next President of the United States.”

One of Saturday’s warm-up speakers, Iowa Governor Kim Reynolds, attempted to humanize DeSantis for her constituents. She gestured to the importance of DeSantis achieving the “full Grassley”—a nod to Iowa’s senior senator, Chuck Grassley, who visits all of the state’s 99 counties every year to meet voters. (DeSantis’s team temporarily rebranded the milestone as a “Full DeSantis,” with placards peppering the venue.) “Listen, Iowans want the opportunity to look you in the eye; they want the opportunity to size that candidate up just a little bit,” Reynolds told the room. “It’s also really important for the candidates—I’ve said it really helps them kind of do the retail politics.” She spoke of DeSantis and his wife taking in all of the state’s offerings over the past year—Albert the Bull, Casey’s breakfast pizza. “And I’m going to tell ya, I think they’re having some fun!” Reynolds said unconvincingly.  

DeSantis did not appear to be fully enjoying himself in Newton. More than a few people have noted that his wife, Casey, is the more natural politician, and could herself be a stronger future candidate. As she introduced her husband on Saturday, he stood a few feet behind her, staring intensely into the back of her head. She was confident and effortless at the mic; Ron didn’t seem to know what to do with his eyes, or his mouth, or, especially, his hands. Clasp them loosely below his belly button? Put them on either side of his waist like Superman? He looked unsettled as he waited for her to finish.

When his turn to speak came, DeSantis began by trying to follow Reynolds’s lead. He recalled his visit to the Field of Dreams baseball field in Dubuque County. (“And our kids were there and everything like that.”) He fumbled the name of  a famous bakery and was swiftly corrected by many members of the audience. He offered his affection for other Iowa staples: ice cream, cheese curds. “We brought a whole bunch of cheese curds back to the state of Florida, which was a lot of fun,” DeSantis proclaimed. No means of pandering was off limits. Iowa, he declared “will begin the revival of the United States of America.” He hinted that, as president, he’d even move the Department of Agriculture from Washington, D.C., to Iowa.

Watching DeSantis up close as he lumbers through these moments of his campaign is almost enough to elicit sympathy. One of Saturday’s attendees, Caleb Grossnickle, a 25-year-old cybersecurity analyst from Ames, told me that he found DeSantis endearing. “I mean, he does seem a little awkward at times. But I think, honestly, it just shows that he’s a normal human,” he said. “He’s just a normal guy who’s trying to run for president, trying to make change.” Grossnickle told me that he was also interested in Robert F. Kennedy Jr., who is running as an independent.

One of DeSantis’s highest-profile Iowa surrogates, the evangelical leader Bob Vander Plaats, was arguably the most captivating speaker on the bill. “Let me bathe this thing in prayer,” he said. He then launched into an invocation that ended with “Lord, when he does win the Iowa caucuses and when he does go through and win the early states, make people know that this is of you, by you, and for you, Lord.”

Vander Plaats pointed out that voting for DeSantis is not the same as voting “against Trump.” But he also preached the need for a candidate who “fears God,” adding that “the fear of God is the beginning of all wisdom.” That noble idea morphed into a jab. “We need somebody to know that they fear God; they don’t believe they are God.”

A 46-year-old attendee from Ottumwa, Iowa, named Jeremy had brought his daughter along to see DeSantis up close. He told me that he’d twice voted for Trump and would vote for him a third time if he gets the nomination, though he admitted he finds him “distasteful.” DeSantis, he added, is his favorite candidate, and “more of a classy person.”

[David A. Graham: The 2024 presidential race: a cheat sheet]

Later in the afternoon, I approached Vander Plaats in the back of the room. I asked him about his line relating to the type of person who believes they are God. Vander Plaats said he was referring to “the left.” I also brought up how DeSantis seemed to lack interpersonal skills, and asked if he thought that was a fair criticism of the man he had endorsed. “I think it’s overhyped,” Vander Plaats said, but he didn’t outright dismiss the notion. “Right now, I think Americans want a real leader to get things done versus, you know, Hey, do I want to sit on the couch with them and watch a football game?

Yet some people really do love him. In my conversations with attendees, many of them pointed to DeSantis’s follow-through as the core of his appeal. A 55-year-old supporter named Todd Lyons told me that he and his wife had driven four hours west from their home in Normal, Illinois, that morning to be there. They’d never seen DeSantis in the flesh. “He says he’ll do something and he does it,” Lyons said. “As opposed to with Trump, you see a tweet where he’s going to do something and talk about how amazing it’s going to be and then he wouldn’t follow through.” Even if DeSantis doesn’t get the nomination, Lyons told me he planned to write in the governor’s name on the ballot. Anne Wolford, a 74-year-old retiree from Grinnell, Iowa, told me that she had liked South Carolina Senator Tim Scott, but he had just recently dropped out, and now she was interested in DeSantis. “I think we’ve got to have somebody that’s got the gumption to go head-to-head with China, Russia, and North Korea. And I think with his military background, he can maybe achieve that.”

Two nights earlier, DeSantis exhibited his gumption in a TV debate with Governor Gavin Newsom of California. At one point, DeSantis brandished a “poop map” purportedly showing the places in San Francisco where human feces could be found on streets and sidewalks. (Practically the entire image was tinged brown.) In Iowa, DeSantis posited that Newsom was carrying out a shadow campaign for the presidency. “We cannot assume that they are actually gonna run [Joe] Biden,” he said. He seethed at the Democratic establishment. “We are not gonna be gaslit by people who think we’re dumb,” he said a little later.

During his stump speech, he spent a good deal of time talking about the pandemic. He promised that Anthony Fauci, now in retirement, would face a “reckoning” over all things COVID-19. But even the demonized Fauci serves as a symptom of a larger disease, in DeSantis’s worldview. The field of medicine, he warned, has been infected by a “woke ideology,” and Harvard Medical School doctors “basically take, like, a woke Hippocratic oath.” (DeSantis holds degrees from Harvard and Yale.) He also punched down, endorsing the idea of imposing fees on remittances that foreign workers send back to their home countries. He believes these are the ideas that will win him the presidency.

DeSantis attacks Trump more than most of his competitors (with the exception of Chris Christie), but he’s also assumed the role of Trump’s primary target. Nearly every day, the Trump campaign sends out press releases attacking DeSantis, with one recurring item that it calls the “kiss of death.” A sample from Friday mocked his stature: “KISS OF DEATH: Small Expectations, Smaller Candidate.” On Saturday morning, hours before DeSantis’s big achievement of stumping in every county, the Trump campaign sent out a preemptive press release: “Republican candidate for president Ryan Binkley, who is polling at 0%, outperformed Ron DeSantis by becoming the first person to visit all 99 counties in Iowa earlier this month.”

[Read: Inside the mind of Robert F. Kennedy Jr.]

It’s hard to understand what DeSantis’s real plan is, as Trump is still so far ahead in the polls. In an emailed statement, DeSantis’s deputy campaign manager, David Polyansky, said, “The collective firepower of Team DeSantis remains unmatched” and that the campaign “will carry the support of the most robust turnout operation in modern Iowa history into success on January 15.” Even if DeSantis wins the Iowa caucuses or comes in second, though, that doesn’t necessarily predict a victory in the New Hampshire primary. That state’s motto—“Live free or die”—is out of sync with what DeSantis has done in Florida, using the government to impose book bans and a six-week abortion limit. If by some chance Trump were to lose New Hampshire, it would probably be to Haley, not to DeSantis—and such a victory would position Haley for more success in her home state of South Carolina.

In Newton, leaning against the rear wall was a 66-year-old man, in a Kangol-style hat and a University of Iowa pullover, named Vern Schnoebelen. He’s the lead singer and harmonica player of a band that had played the Thunderdome the night before. He told me that he and his friend had snuck into the VIP section, where the bar was, earlier that afternoon. He had come out on Saturday not because he loves DeSantis but simply because he lives nearby and this seemed like a big event. He told me that, come caucus time, if Trump is running away in the polls, he’ll intentionally support the candidate in third or fourth place to encourage them to stay active in the party. “I don’t want them to lose heart,” he said. “We never know what’s going to happen with Trump. Who knows what’s going to come out of the woodwork?”

He told me that he had voted for Trump twice, and would support whoever became the GOP nominee, Trump included. I asked whether anything about Trump’s various indictments bothered him. “No, I think it’s all a fallacy,” he said. “I think most of it’s made up.”

That’s what DeSantis is competing with. He’ll have to try not to lose heart.

In Special Issue, The Atlantic Warns of the Consequences If Trump Wins a Second Term

The Atlantic

www.theatlantic.com › press-releases › archive › 2023 › 12 › atlantics-janfeb-issue-next-trump-presidency › 676227

The next Trump presidency will be worse.

A special issue of The Atlantic, launching today, warns of the grave and extreme consequences if former President Trump were to win in 2024––building an overwhelming case, across two dozen essays by Atlantic writers, that both Trump and Trumpism pose an existential threat to America and to the ideas that animate it. With each writer focusing on their subject area of expertise, the issue argues that assuming a second term would mirror the first is a mistake: The threats to democracy will be greater, as will the danger of authoritarianism and corruption. A second Trump presidency, the opening essay states, would mark the turn onto a dark path, one of those rips between “before” and “after” that a society can never reverse.

The Atlantic has made covering persistent threats to democracy its top editorial priority. Editor in chief Jeffrey Goldberg explains this focus in an editor’s note to lead the issue: “Our concern with Trump is not that he is a Republican, or that he embraces—when convenient—certain conservative ideas. We believe that a democracy needs, among other things, a strong liberal party and a strong conservative party in order to flourish. Our concern is that the Republican Party has mortgaged itself to an antidemocratic demagogue, one who is completely devoid of decency.” Goldberg recounts a meeting at the White House with Jared Kushner, who said of his father-in-law: “No one can go as low as the president. You shouldn’t even try.”

In the lead essay, “The Revenge Presidency,” David Frum writes that a restored Trump would lead the United States into a landscape of unthinkable scenarios. “In his first term, Trump’s corruption and brutality were mitigated by his ignorance and laziness. In a second, Trump would arrive with a much better understanding of the system’s vulnerabilities, more willing enablers in tow, and a much more focused agenda of retaliation against his adversaries and impunity for himself. When people wonder what another Trump term might hold, their minds underestimate the chaos that would lie ahead.

“By Election Day 2024, Donald Trump will be in the thick of multiple criminal trials. It’s not impossible that he may already have been convicted in at least one of them. If he wins the election, Trump will commit the first crime of his second term at noon on Inauguration Day: His oath to defend the Constitution of the United States will be a perjury. A second Trump term would instantly plunge the country into a constitutional crisis more terrible than anything seen since the Civil War.”

Frum’s is one of the first eight pieces from the issue publishing today, along with those by staff writers Anne Applebaum on NATO, McKay Coppins on Trump’s loyalists, Caitlin Dickerson on immigration, Barton Gellman on the Justice Department, Sophie Gilbert on misogyny, Zoë Schlanger on climate, and George Packer on journalism.

Today’s pieces are:

David Frum: “The Revenge Presidency

Anne Applebaum: “America Will Abandon NATO

McKay Coppins: “Loyalists, Lapdogs, and Cronies

Caitlin Dickerson: “The Specter of Family Separation

Barton Gellman: “Trump Will Get Away with It

Sophie Gilbert: “Women Will Be Targets

Zoë Schlanger: “Climate Denial Will Flourish

George Packer: “Is Journalism Ready?

More essays will publish across the week from more Atlantic writers, each exposing the dangers a second Trump term poses to all aspects of American life. Megan Garber, an expert in disinformation, writes about how Trump’s falsehoods will challenge the public’s willingness to accept a shared reality. Clint Smith describes how Trump will suppress American history, including January 6, to align with a MAGA version of events. Helen Lewis writes that the American left can ill afford to be simply oppositional to Trump, that bad government demands persuasion and the seeking of converts rather than the hunting of heretics. Jennifer Senior writes about the daily psychic toll that another Trump term would entail. Adam Serwer writes that Trump will be better-positioned to fill the judiciary with judges who are not just ideologically conservative but who are dedicated right-wing zealots more committed to Trump than to the Constitution.

Coming Tuesday, December 5:

Sarah Zhang: “When Science Becomes a Slogan”

Franklin Foer: “Corruption Unbound”

Michael Schuman: “China Will Get Stronger”

Adam Serwer: “A MAGA Judiciary”

Coming Wednesday, December 6

Juliette Kayyem: “Extremists Emboldened”

Elaine Godfrey: “A Plan to Outlaw Abortion Everywhere”

Megan Garber: “The Truth Won’t Matter”

Clint Smith: “Trump Will Suppress American History”

Coming Thursday, December 7

Ronald Brownstein: “A War on Blue America”

David A. Graham: “Trump Isn’t Bluffing”

Vann R. Newkirk II: “Civil Rights Undone”

Spencer Kornhaber: “Trump Will Stoke a Gender Panic”

Coming Friday, December 8

Tom Nichols: “A Military Loyal to Trump”

Helen Lewis: “The Left Can’t Afford to Go Mad”

Jennifer Senior: “The Psychic Toll”

Mark Leibovich: “This Is Who We Are”

Please reach out with any questions or requests to interview the issue’s contributors.

Press Contacts:
Anna Bross and Paul Jackson | The Atlantic
press@theatlantic.com