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The Trump-Trumpist Divide

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › trump-promises-popularity › 680730

Members of Donald Trump’s inner circle understandably wish to interpret the election results as a mandate for the most extreme right-wing policies, which include conducting mass deportations and crushing their political enemies.

But how many Trump supporters think that’s what they voted for?

Many seem not to—persisting in their denial of not only Trump’s negative qualities and the extremism of his advisers, but the idea that he would implement policies they disagreed with. There were the day laborers who seemed to think that mass deportations would happen only to people they—as opposed to someone like the Trump adviser Stephen Miller—deemed criminals. There was the restaurant owner and former asylum seeker who told CNN that  deporting law-abiding workers “wouldn’t be fair,” and that Trump would not “throw [them] away; they don’t kick out, they don’t deport people that are family-oriented.” There are the pro-choice Trump voters who don’t believe that he will impose dramatic federal restrictions on abortion; the voters who support the Affordable Care Act but pulled the lever for the party that intends to repeal it.

This denial suggests that voting for Trump was not an endorsement of those things but a rebuke of an incumbent party for what voters saw as a lackluster economy. The consistent theme here is that Trump advisers have a very clear authoritarian and discriminatory agenda, one that many Trump voters don’t believe exists or, to the extent it does, will not harm them. That is remarkable, delusional, and frightening. But it is not a mandate.

[Read: Voters wanted lower prices at any cost]

During the last weeks of the campaign, when I was traveling in the South speaking with Trump voters, I encountered a tendency to deny easily verifiable negative facts about Trump. For example, one Trump voter I spoke with asked me why Democrats were “calling Trump Hitler.” The reason was that one of Trump’s former chiefs of staff, the retired Marine general John Kelly, had relayed the story about Trump wanting “the kind of generals that Hitler had,” and saying that “Hitler did some good things.”

“Look back on the history of Donald Trump, whom they’re trying to call racist,” one Georgia voter named Steve, who declined to give his last name, told me. “If you ask somebody, ‘Well, what has he said that’s actually racist?,’ usually they can’t come up with one thing. They’ll say all kinds of things, and it’s like, ‘No, what?’ Just because the media says he’s racist doesn’t mean he’s racist.”

I found this extraordinary because the list of racist things that Trump has said and done this past year alone is long, including slandering Haitian immigrants and framing his former rival Kamala Harris as a DEI hire pretending to be Black. He made comments about immigrants “poisoning the blood of the nation” and having “bad genes,” an unsubtle proxy for race. Trump’s very rise to the top of the Republican Party began when he became the main champion of the conspiracy theory that Barack Obama was not really born in America.

This is consistent with Trump voters simply ignoring or disregarding facts about Trump that they don’t like. Democratic pollsters told The New Republic’s Greg Sargent that “voters didn’t hold Trump responsible for appointing the Supreme Court justices who overturned Roe v. Wade, something Trump openly boasted about during the campaign.” Sargent added, “Undecided voters didn’t believe that some of the highest profile things that happened during Trump’s presidency—even if they saw these things negatively—were his fault.” One North Carolina Trump voter named Charlie, who also did not give me his last name, told me that he was frustrated by gas prices—comparing them with how low they’d been when he took a road trip in the final year of Trump’s first term. That year, energy prices were unexpectedly depressed by the pandemic.

Many Trump voters seemed to simply rationalize negative stories about him as manufactured by an untrustworthy press that was out to get him. This points to the effectiveness of right-wing media not only in presenting a positive image of Trump, but in suppressing negative stories that might otherwise change perceptions of him. And because they helped prevent several worst-case scenarios during Trump’s first term, Democrats may also be the victims of their own success. Many people may be inclined to see warnings of what could come to pass as exaggerations rather than real possibilities that could still occur.

[Read: The Trump believability gap]

Watching Trump “go from someone who’s beloved in the limelight to someone who’s absolutely abhorred by anybody … in the media is completely—I don’t understand it. It doesn’t make any sense to me,” another Georgia Trump voter, who declined to provide his name, said to me. “And generally, the things that don’t make sense are solved by the simplest answers.”

This speaks to an understated dynamic in Trump’s victory: Many people who voted for him believe he will do only the things they think are good (such as improve the economy) and none of the things they think are bad (such as act as a dictator)—or, if he does those bad things, the burden will be borne by other people, not them. This is the problem with a political movement rooted in deception and denial; your own supporters may not like it when you end up doing the things you actually want to do.

All of this may be moot if Trump successfully implements an authoritarian regime that is unaccountable to voters—in many illiberal governments, elections continue but remain uncompetitive by design. If his voters are allowed to, some may change their minds once they realize Trump’s true intentions. Still, the election results suggest that if the economy stays strong, for the majority of the electorate, democracy could be a mere afterthought.

A Good Country’s Bad Choice

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › good-country-bad-choice › 680743

Once she became the nominee, I expected Vice President Kamala Harris to win the 2024 presidential election.

More exactly, I expected ex-President Donald Trump to lose.

What did I get wrong?

My expectation was based on three observations and one belief.

Observation one: Inflation was coming under control in 2024. Personal incomes rose faster than prices over the year. As interest rates peaked and began to subside, consumer confidence climbed. When asked about their personal finances, Americans expressed qualms, yes, but the number who rated their personal finances as excellent or good was a solid 46 percent, higher than in the year President Barack Obama won reelection. The same voters who complained about the national economy rated their local economy much more favorably.

None of this was great news for the incumbent party, and yet …

Observation two: All through the 2024 cycle, a majority of Americans expressed an unfavorable opinion of Trump. Almost one-third of Republicans were either unenthusiastic about his candidacy or outright hostile. Harris was not hugely popular, either. But if the polls were correct, she was just sufficiently less unpopular than Trump.

Arguably undergirding Harris’s popularity advantage was …  

Observation three: In the 2022 midterm elections, abortion proved a powerful anti-Republican voting issue. That year in Michigan, a campaign based on abortion rights helped reelect Governor Gretchen Whitmer and flipped both chambers of the state legislature to the Democrats. That same year, almost a million Kansans voted 59 percent to 41 percent to reaffirm state-constitutional protections for abortion. Democrats posted strong results in many other states as well. They recovered a majority in the U.S. Senate, while Republicans won only the narrowest majority in the House of Representatives. In 2024, abortion-rights measures appeared on the ballot in 10 states, including must-win Arizona and Nevada. These initiatives seemed likely to energize many Americans who would likely also cast an anti-Trump vote for president.

If that was not enough—and maybe it was not—I held onto this belief:

Human beings are good at seeing through frauds. Not perfectly good at it. Not always as fast as might be. And not everybody. But a just-sufficient number of us, sooner or later, spot the con.

The Trump campaign was trafficking in frauds. Haitians are eating cats and dogs. Foreigners will pay for the tariffs. The Trump years were the good old days if you just forget about the coronavirus pandemic and the crime wave that happened on his watch. The lying might work up to a point. I believed that the point would be found just on the right side of the line between election and defeat—and not, as happened instead, on the other side.

My mistake.

[Read: Donald Trump’s most dangerous cabinet pick]

In one of the closest elections in modern American history, Trump eked out the first Republican popular-vote victory in 20 years. His margin was about a third the size of President Joe Biden’s margin over him in 2020. For that matter, on the votes counted, Trump’s popular-vote margin over Harris was smaller than Hillary Clinton’s over him in 2016.

Yet narrow as it is, a win it is—and a much different win from 2016. That time, Trump won by the rules, but against the expressed preference of the American people. This time, he won both by the rules and with a plurality of the votes. Trump’s popular win challenges many beliefs and preconceptions, starting with my own.

Through the first Trump administration, critics like me could reassure ourselves that his presidency was some kind of aberration. The repudiation of Trump’s party in the elections of 2018, 2020, 2021, and 2022 appeared to confirm this comforting assessment. The 2024 outcome upends it. Trump is no detour or deviation, no glitch or goof.

When future generations of Americans tell the story of the nation, they will have to fit Trump into the main line of the story. And that means the story itself must be rethought.

Trump diverted millions of public dollars to his own businesses, and was returned to office anyway.

He was proved in court to have committed sexual assault, and was returned to office anyway.

He was twice impeached, and was returned to office anyway.

He was convicted of felonies, and was returned to office anyway.

He tried to overthrow an election, and was returned to office anyway.

For millions of Americans, this record was disqualifying. For slightly more Americans, however, it was not. The latter group prevailed, and the United States will be a different country because of them.

American politics has never lacked for scoundrels, cheats, and outright criminals. But their numbers have been thinned, and their misdeeds policed, by strong public institutions. Trump waged a relentless campaign against any and all rules that restrained him. He did not always prevail, but he did score three all-important successes. First, he frightened the Biden administration’s Justice Department away from holding him to account in courts of law in any timely way. Second, he persuaded the courts themselves—including, ultimately, the Supreme Court—to invent new doctrines of presidential immunity to shield him. Third, he broke all internal resistance within the Republican Party to his lawless actions. Republican officeholders, donors, and influencers who had once decried the January 6 attempted coup as utterly and permanently debarring—one by one, Trump brought them to heel.

Americans who cherished constitutional democracy were left to rely on the outcome of the 2024 election to protect their institutions against Trump. It was not enough. Elections are always about many different issues—first and foremost usually, economic well-being. In comparison, the health of U.S. democracy will always seem remote and abstract to most voters.

[Read: Trump’s first defeat]

Early in the American Revolution, a young Alexander Hamilton wrote to his friend John Jay to condemn an act of vigilante violence against the publisher of a pro-British newspaper. Hamilton sympathized with the feelings of the vigilantes, but even in revolutionary times, he insisted, feelings must be guided by rules. Otherwise, people are left to their own impulses, a formula for trouble. “It is not safe,” Hamilton warned, “to trust to the virtue of any people.”

The outcome of an election must be respected, but its wisdom can be questioned. If any divine entity orders human affairs, it may be that providence sent Trump to the United States to teach Americans humility. It Can’t Happen Here is the title of a famous 1930s novel about an imagined future in which the United States follows the path to authoritarianism. Because it didn’t happen then, many Americans have taken for granted that it could not happen now.

Perhaps Americans require, every once in a while, to be jolted out of the complacency learned from their mostly fortunate history. The nation that ratified the Thirteenth Amendment in 1865 was, in important ways, the same one that enacted the Fugitive Slave Act in 1850; the nation that generously sent Marshall Plan aid after the Second World War was compensating for the myopic selfishness of the Neutrality Acts before the war. Americans can take pride in their national story because they have chosen rightly more often than they have chosen wrongly—but the wrong choices are part of the story too, and the wrong choice has been made again now.

“There is no such thing as a Lost Cause because there is no such thing as a Gained Cause,” T. S. Eliot observed in a 1927 essay (here he was writing about the arguments between philosophical Utilitarians and their critics, but his words apply so much more generally). “We fight for lost causes because we know that our defeat and dismay may be the preface to our successors’ victory, though that victory itself will be temporary; we fight rather to keep something alive than in the expectation that anything will triumph.”

So the ancient struggle resumes again: progress against reaction, dignity against domination, commerce against predation, stewardship against spoliation, global responsibility against national chauvinism. No quitting.

Pete Hegseth Might Be Trump’s Most Dangerous Cabinet Pick

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › pete-hegseth-books-trump › 680744

For a few hours, Pete Hegseth’s nomination as secretary of defense was the most disturbing act of Donald Trump’s presidential transition. Surely the Senate wouldn’t confirm an angry Fox News talking head with no serious managerial experience, best known for publicly defending war criminals, to run the largest department in the federal government. Then, in rapid succession, Trump announced appointments for Matt Gaetz, Tulsi Gabbard, and Robert F. Kennedy Jr. The appearance of these newer and even more aberrant characters, like a television show introducing a more villainous heel in its second season, muted the indignation over Hegseth.

Obscured in this flurry of shocking appointments is the fact that Hegseth’s drawbacks are not limited to his light résumé or to the sexual-assault allegation made against him. Inexperienced though he may be at managing bureaucracies, Hegseth has devoted a great deal of time to documenting his worldview, including three books published in the past four years. I spent the previous week reading them: The man who emerges from the page appears to have sunk deeply into conspiracy theories that are bizarre even by contemporary Republican standards but that have attracted strangely little attention. He considers himself to be at war with basically everybody to Trump’s left, and it is by no means clear that he means war metaphorically. He may be no less nutty than any of Trump’s more controversial nominees. And given the power he is likely to hold—command over 2 million American military personnel—he is almost certainly far more dangerous than any of them.

Hegseth began his involvement in conservative-movement politics as a Princeton undergraduate. He then joined the Army and quickly developed a profile, when not on active duty, as a budding Republican spokesperson. He testified against Elena Kagan’s appointment to the Supreme Court (on the grounds that, while dean of Harvard Law School, she had blocked military recruiters from campus in protest of Don’t Ask, Don’t Tell) and lobbied in favor of the Bush administration’s Iraq policy. As the Republican Party’s foreign-policy orientation changed radically under Donald Trump, Hegseth’s positions changed with it. But his devotion to the party remained constant. After stints running the advocacy groups Vets for Freedom and Concerned Veterans for America, and a failed Senate campaign, he finally settled at Fox News, where he joined a chorus in support of Trump.

Along the way, Hegseth has written five books. The first, extolling Teddy Roosevelt’s legacy, revolves around ideas that Hegseth has since renounced after converting to Trumpism. Another is simply a collection of war stories. The other three, all published in the past four years—American Crusade (2020), Battle for the American Mind (2022), and The War on Warriors (2024)—lay out his worldview in florid, explicit, and often terrifying detail.

A foundational tenet of Hegseth’s philosophy, apparently carrying over from his Roosevelt-worshipping era, is a belief in the traditional masculine virtues and the potential for war to inculcate them. Hegseth maintains that boys require discipline and must aspire to strength, resilience, and bravery. His preferred archetype for these virtues appears to be Pete Hegseth, whose manful exploits either on the basketball court (he played for Princeton) or the battlefield are featured in all three books.

[David A. Graham: The perverse logic of Trump’s nomination circus]

Hegseth complains that society no longer gives veterans like him their proper measure of deference. “Being a veteran no longer demands respect of the coastal elites or reverence from large swaths of the public,” he writes—an observation that will sound strange to anybody who has ever attended a football game or listened to a speech by a politician from either party. “In previous generations, men had to find ways to salvage their honor if they didn’t get to fight in a war.” (The single strongest piece of evidence for Hegseth’s thesis—the popularity of lifelong coastal elitist, proud war-avoider, and POW-mocker Donald Trump—goes unmentioned).

Hegseth’s demand for greater respect grows out of his belief that he personally succeeded in the face of forbidding odds. “I had been an underdog my whole life,” he writes. “I persisted. I worked my ass off.” But the woke military, he complains, doesn’t reward that kind of individual merit and grit. Instead, it has grown so obsessed with diversity that it promotes unqualified minorities and allows women in combat, reducing its effectiveness and alienating hard-working, meritorious soldiers such as, well, him. He also frets that the inclusion of women in combat erodes traditional gender norms. “How do you treat women in a combat situation,” he asks, “without eroding the basic instinct of civilization and the treatment of women in the society at large?”

(The treatment of women by Hegseth specifically happens to be the subject of a recently disclosed police report detailing an alleged sexual assault of a woman at a 2017 political conference. Hegseth denies the allegation and says that the encounter, which took place while he was transitioning between his second and third wives, was consensual. He paid the alleged victim an undisclosed sum in return for her signing a nondisclosure agreement.)

One episode looms especially large in Hegseth’s mind as the embodiment of the wokification of the military and its abandonment of traditional merit. In 2021, Hegseth, an active National Guard member, wished to join the Washington, D.C., unit protecting incoming President Joe Biden’s inauguration. The National Guard, however, excluded him from the detail because he was deemed a security risk on account of a bicep tattoo of the “Deus Vult” symbol—a reference to the Crusades that is popular with some far-right activists.

The logic of the snub was straightforward. Biden’s inauguration took place in the immediate aftermath of an insurrection attempt that had included many members of the armed forces, some operating within far-right networks. But to Hegseth—who protests that the Deus Vult tattoo is simply an expression of his Christian faith, not a white-nationalist symbol—the decision was an unforgivable personal affront.

He expresses indignation at the notion that he could even be suspected of harboring radical ideas. “I fought religious extremists for over twenty years in uniform,” he writes. “Then I was accused of being one.” This is not as paradoxical as Hegseth makes it sound. Many of the people most eager to fight against extremists of one religion are extremist adherents of another religion. An example of this would be the Crusades, an episode that Hegseth highlights in American Crusade as a model to emulate.

In any case, evidence of Hegseth’s extremism does not need to be deduced by interpreting his tattoos. The proof is lying in plain sight. In his three most recent books, Hegseth puts forward a wide range of familiarly misguided ideas: vaccines are “poisonous”; climate change is a hoax (they used to warn about global cooling, you know); George Floyd died of a drug overdose and was not murdered; the Holocaust was perpetrated by “German socialists.”

Where Hegseth’s thinking begins venturing into truly odd territory is his argument, developed in Battle for the American Mind, that the entire basic design of the public education system is the product of a century-long, totally successful communist plot. Hegseth is not just hyperventilating about the 1619 Project, Howard Zinn, or other left-wing fads, as conservatives often do. Instead he argues that the entire design of the U.S. education system is a Marxist scheme with roots going back to the founding of the republic. The deist heresies of Ben Franklin and Thomas Jefferson, he writes, laid the groundwork to implant communist thought into the school system. Then, “American Progressives in the late 1800s blended the idea of Marxist government with aspects from the Social Gospel and the belief in an American national destiny in order to make Marxism more palatable to Americans.”

The nefarious plan to turn America communist involves steps that appear anodyne to the untrained eye. “Yes, our modern social sciences—like ‘political science,’ previously known as ‘politics,’ and ‘social studies,’ previously known as individual disciplines like ‘history, economics, geography and philosophy’—are byproducts of Marxist philosophy,” he writes. “Let that sink in: the manner in which we study politics, history, and economics in American schools—public and private—today is the product of Marxists. That was always the plan, and it worked.” Hegseth will no longer sit back and allow communist indoctrination to sap and impurify our precious bodily fluids.

The Marxist conspiracy has also, according to Hegseth, begun creeping into the U.S. military, the institution he is now poised to run. His most recent book calls for a straightforward political purge of military brass who had the gall to obey Democratic administrations: “Fire any general who has carried water for Obama and Biden’s extraconstitutional and agenda-driven transformation of our military.” Trump appears to be thinking along similar lines. He is reportedly working on an executive order that will fast-track the removal of officers “lacking in requisite leadership qualities” and compiling a list of officers involved in the Afghanistan retreat, who will likewise be shoved out.

To what end? Trump has already signaled his interest in two revolutionary changes to the Defense Department’s orientation. One is to legalize war crimes, or at least cease enforcement of the rules of war. The president-elect has enthusiastically endorsed the use of illegal military methods and has pardoned American soldiers who committed atrocities against detainees and unarmed civilians, following a loud campaign by Hegseth on Fox News.

[Graeme Wood: War crimes are not difficult to discern]

In The War on Warriors, Hegseth makes plain that he considers the very idea of “rules of war” just more woke nonsense. “Modern war-fighters fight lawyers as much as we fight bad guys,” he writes. “Our enemies should get bullets, not attorneys.” He repeatedly disparages Army lawyers (“jagoffs”), even claiming that their pointless rules are “why America hasn’t won a war since World War II.” (Ideally, the secretary of defense would be familiar with historical episodes such as the Gulf War.)

Writing about his time guarding prisoners at Guantánamo Bay—where, as even the Bush administration eventually admitted, most detainees were innocent men swept up by American forces—Hegseth describes calls for due process as a stab-in-the-back against brave soldiers like himself. “The nation was dealing with legal issues (mostly led by weak-kneed, America-hating ACLU types) concerning enemy combatants, ‘international rights’ of illegal combatants, and the beginnings of extrajudicial drone attacks,” he writes. “Not to mention the debate about the ‘rights’ of assholes (I mean, ‘detainees’) at Gitmo.”

Trump’s second and even more disturbing interest in having a loyalist run the department is his enthusiasm for deploying troops to curtail and if necessary shoot domestic protesters. His first-term defense secretaries blanched at these demands. Hegseth displays every sign of sharing Trump’s impulses, but in a more theorized form.

The clearest throughline of all three books is the cross-application of Hegseth’s wartime mentality to his struggle against domestic opponents. American Crusade calls for the “categorical defeat of the Left,” with the goal of “utter annihilation,” without which “America cannot, and will not, survive.” Are the Crusades just a metaphor? Sort of, but not really: “Our American Crusade is not about literal swords, and our fight is not with guns. Yet.” (Emphasis—gulp—his).

Battle for the American Mind likewise imagines the struggle against the communist educational plot as a military problem: “We are pinned down, caught in an enemy near ambush. The enemy has the high ground, and is shooting from concealed and fortified positions.”

And The War on Warriors repeatedly urges Hegseth’s readers to treat the American left exactly like foreign combatants. Describing the military’s responsibility to the nation, he writes, “The expectation is that we will defend it against all enemies—both foreign and domestic. Not political opponents, but real enemies. (Yes, Marxists are our enemies.)” The Marxist exception swallows the “not political opponents” rule, because pretty much all of his political opponents turn out to be Marxists. These include, but are not limited to, diversity advocates (“They are Marxists … You know what they are? They’re traitors”), newspapers (“the communist Star Tribune”), and, as noted, almost anybody involved in public education.

Lest there be any ambiguity, Hegseth incessantly equates the left to wartime enemies. “They do not respect cease-fires, do not abide by the rules of warfare, and do not respect anything except total defeat of their enemy—and then total control,” he writes at one point. At another, he argues, “We should be in panic mode. Almost desperate. Willing to do anything to defeat the ‘fundamental transformation’ of the American military and end the war on our warriors.”

Hegseth’s idea of illegitimate behavior by the domestic enemy is quite expansive. Consider this passage, recalling his time advocating for the Iraq War: “While I debated these things in good faith, the Left mobilized. Electing Obama, railroading the military, pushing women in combat—readiness be damned. The left has never fought fair.” The most remarkable phrase there is “electing Obama.” Hegseth’s notion of unfair tactics used by the left includes not only enacting administrative policies that he disagrees with, but the basic act of voting for Democrats. The inability or unwillingness to distinguish between legitimate and illegitimate political opposition likely endeared Hegseth to Trump, who shares the trait.

A Defense Secretary with a tenuous grip on reality, who can’t differentiate foreign enemies from domestic political opponents, and who seems to exist in a state of permanent hysteria is a problem that the United States has never had to survive. The main question I was looking to answer when I started reading Hegseth’s collected works was whether he would follow a Trump command to shoot peaceful protesters. After having read them, I don’t think he would even wait for the order.

The ‘Democracy’ Gap

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › democracy-meaning-democrats-republicans › 680704

When I lived in China, a decade ago, I often saw propaganda billboards covered in words that supposedly expressed the country’s values: Patriotism. Harmony. Equality. And … Democracy. Indeed, China claims to consider itself a democratic country. So do Russia, Cuba, Iran, and so on down the list of nations ranked by their level of commitment to rights and liberties. Even North Korea fancies itself part of the club. It’s right there in the official name: the Democratic People’s Republic of Korea.

I thought of those Chinese billboards recently, when a postelection poll showed that many American voters touted the importance of democracy while supporting a candidate who had tried to overturn the results of the previous presidential election. According to a survey by the Associated Press, a full one-third of Trump voters said that democracy was their top issue. (Two-thirds of Harris voters said the same thing.) In a poll conducted before Joe Biden dropped out of the race, seven out of 10 uncommitted swing-state voters said they doubted that Donald Trump would accept the election results if he lost—but more people said they’d trust Trump to handle threats to democracy than said they’d trust Biden.

Almost all Americans say they support democracy. They even agree that it’s in trouble. But when researchers drill down, they find that different people have very different ideas about what democracy means and what threatens its survival, and that democracy is just one competing value among many. In the collective mind of U.S. voters, the concept of democracy appears to be so muddled, and their commitment to it so conditional, that it makes you wonder what, if anything, they’d do anything to stop its erosion—or whether they’d even notice that happening.

[Yoni Appelbaum: Americans aren’t practicing democracy anymore]

Americans perceive democracy through an almost completely partisan lens. In recent polls, Democrats tend to cite Trump—in particular, the likelihood of him seeking to subvert elections—as the biggest threat to democracy. They also point to gerrymandering, voter suppression, and Trump’s rhetoric about using the government to exact retribution as causes for concern. For Republicans, by contrast, threats to democracy take the form of mainstream media, voting by mail, immigration, and what they see as politically motivated prosecutions of Trump. Perhaps the best Rorschach test is voter-ID laws, which get characterized as “election integrity” or “voter suppression” depending on the perspective: Republicans see them as a commonsense way to make elections more accurate and accountable, while Democrats see them as a ploy to disenfranchise voters who don’t have state-issued identification. No surprise, then, that campaigning on a platform of preserving democracy didn’t work for Kamala Harris. Invoking the term to rally support assumes a shared understanding of what it means.

Even more troubling, American voters rarely prioritize democracy over other considerations. For the most part, we’re willing to overlook mischief that undermines democracy as long as our own team is the one doing it. A 2020 study in the American Political Science Review by Matthew H. Graham and Milan W. Svolik of Yale University found that only 3.5 percent of Americans would vote against a candidate whose policies they otherwise support if that candidate took antidemocratic actions, like gerrymandering or reducing the number of polling stations in an unfriendly district. Another survey found that when left-wing voters were presented with hypothetical undemocratic behavior by right-wing politicians—prohibiting protests, say, or giving private groups the ability to veto legislation—62 percent of them considered it undemocratic. But when the same behavior was attributed to left-wing politicians, only 36 percent saw it as undemocratic.

[Graeme Wood: Only about 3.5 percent of Americans care about democracy]

Some scholars have dubbed the phenomenon “democratic hypocrisy.” Others, however, argue that voters aren’t pretending that the antidemocratic behavior they’re supporting is democratic; they really feel that way. “People are pretty good at reasoning their way to believing that whatever they want to happen is the democratic outcome,” Brendan Nyhan, a political-science professor at Dartmouth, told me. That’s especially true if you can tell yourself that this could be your last chance before the other guy abolishes elections altogether. We just have to sacrifice a little democracy for the sake of democracy, the thinking goes. Graham, who is now an assistant professor of political science at Temple University, has studied the reaction to the 2020 presidential election and the “Stop the Steal” movement. “Our conclusion was that pretty much everyone who says in polls that the election was stolen actually believes it,” he told me.

The disturbing implication of the political-science research is that if the typical forms of incipient democratic backsliding did occur, at least half the country likely wouldn’t notice or care. Stacking the bureaucracy with loyalists, wielding law enforcement against political enemies, bullying critics into silence—these measures, all credibly threatened by President-Elect Trump, might not cut through the fog of partisan polarization. Short of tanks in the streets, most people might not perceive the destruction of democratic norms in their day-to-day life. And if Trump and his allies lose elections or fail to enact the most extreme pieces of their agenda, those data points will be held up as proof that anyone crying democratic erosion is a Chicken Little. “This is a debate that’s going to be very dumb,” Nyhan said.

You might think that, in a democracy, support for democracy itself would be nonnegotiable—that voters would reject any candidate or leader who didn’t clear that bar, because they would recognize that weakening democracy threatens their way of life. But that simple story isn’t always true. The job of genuinely pro-democracy politicians is to convince voters that democratic norms and institutions really are connected to more tangible issues that they care about—that an America with less democracy would most likely also be one with more economic inequality, for example, and fewer individual liberties.

The alternative to making and remaking the case for democracy is a descent into apathetic nihilism. Just look at the Chinese media’s coverage of the U.S. election. A video shared by China News Service said that whoever won would merely be “the face of the ruling elite, leaving ordinary people as mere spectators.” The state broadcaster China Central Television claimed that the election was plagued by “unprecedented chaos.” That kind of talk makes sense coming from democracy’s enemies. The danger is when democracies themselves start to believe it.

How Trump Could Make Congress Go Away for a While

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › trump-cabinet-recess-appointment-senate › 680697

Power-hungry presidents of both parties have been concocting ways to get around Congress for all of American history. But as Donald Trump prepares to take office again, legal experts are worried he could make the legislative branch go away altogether—at least for a while.

Several of Trump’s early Cabinet nominees—including Representative Matt Gaetz of Florida, Robert F. Kennedy Jr., and former Representative Tulsi Gabbard of Hawaii—have drawn widespread condemnation for their outlandish political views and lack of conventional qualifications. Their critics include some Senate Republicans tasked with voting on their confirmation. Anticipating resistance, Trump has already begun pressuring Senate GOP leaders, who will control the chamber next year, to allow him to install his picks by recess appointment, a method that many presidents have used.

The incoming Senate majority leader, John Thune of South Dakota, has said that “all options are on the table, including recess appointments,” for overcoming Democratic opposition to Trump’s nominees. But Democrats aren’t Trump’s primary concern; they won’t have the votes to stop nominees on their own. What makes Trump’s interest in recess appointments unusual is that he is gearing up to use them in a fight against his own party.

[Read: The perverse logic of Trump’s nomination circus]

If Senate Republicans block his nominees, Trump could partner with the GOP-controlled House and invoke a never-before-used provision of the Constitution to force Congress to adjourn “until such time as he shall think proper.” The move would surely prompt a legal challenge, which the Supreme Court might have to decide, setting up a confrontation that would reveal how much power both Republican lawmakers and the Court’s conservative majority will allow Trump to seize.

“None of this has ever been tested or determined by the courts,” Matthew Glassman, a senior fellow at Georgetown University’s Government Affairs Institute, told me. If Trump tries to adjourn Congress, Glassman said, he would be “pushing the very boundaries of the separation of powers in the United States.” Although Trump has not spoken publicly about using the provision, Ed Whelan, a conservative lawyer well connected in Republican politics, has reported that Trumpworld appears to be seriously contemplating it.

Trump could not wave away Congress on his own. The Constitution says the president can adjourn Congress only “in case of disagreement” between the House and the Senate on when the chambers should recess, and for how long. One of the chambers would first have to pass a resolution to adjourn for at least 10 days. If the other agrees to the measure, Trump gets his recess appointments. But even if one refuses—most likely the Senate, in this case—Trump could essentially play the role of tiebreaker and declare Congress adjourned. In a Fox News interview yesterday, Speaker Mike Johnson would not rule out helping Trump go around the Senate. “There may be a function for that,” he said. “We’ll have to see how it plays out.”

Presidents have used recess appointments to circumvent the Senate-confirmation process throughout U.S. history, either to overcome opposition to their nominees or simply because the Senate moved too slowly to consider them. But no president is believed to have adjourned Congress in order to install his Cabinet before. “We never contemplated it,” Neil Eggleston, who served as White House counsel during President Barack Obama’s second term, told me. Obama frequently used recess appointments until 2014, when the Supreme Court ruled that he had exceeded his authority by making them when Congress had gone out of session only briefly (hence the current 10-day minimum).

[Watch: What’s behind Trump’s controversial Cabinet picks]

Any attempt by Trump to force Congress into a recess would face a few obstacles. First, Johnson would have to secure nearly unanimous support from his members to pass an adjournment resolution, given Democrats’ likely opposition. Depending on the results of several uncalled House races, he might have only a vote or two to spare at the beginning of the next Congress. And although many House Republicans have pledged to unify behind Trump’s agenda, his nominees are widely considered unqualified, to say the least. Gaetz in particular is a uniquely unpopular figure in the conference because of his leading role in deposing Johnson’s predecessor Kevin McCarthy.

If the House doesn’t block Trump, the Supreme Court might. Its 2014 ruling against Obama was unanimous, and three conservative justices who remain on the Court—John Roberts, Clarence Thomas, and Samuel Alito—signed a concurring opinion, written by Antonin Scalia, saying they would have placed far more restrictions on the president’s power. They wrote that the Founders allowed the president to make recess appointments because the Senate used to meet for only a few months of the year. Now, though, Congress takes much shorter breaks and can return to session at virtually a moment’s notice. “The need it was designed to fill no longer exists,” Scalia, who died in 2016, wrote of the recess-appointment power, “and its only remaining use is the ignoble one of enabling the president to circumvent the Senate’s role in the appointment process.”

The 2014 ruling did not address the Constitution’s provision allowing the president to adjourn Congress, but Paul Rosenzweig, a former senior official in the George W. Bush administration and an occasional Atlantic contributor, told me that the conservatives’ concurrence “is inconsistent with the extreme executive overreach” that Trump might attempt: “As I read them, this machination by Trump would not meet their definition of constitutionality.”

Thanks in part to those legal uncertainties, Trump’s easiest path is simply to secure Senate approval for his nominees, and he may succeed. Republicans will have a 53–47 majority in the Senate, so the president-elect’s picks could lose three GOP votes and still win confirmation with the tiebreaking vote of Vice President–Elect J. D. Vance. But the most controversial nominees, such as Gaetz, Kennedy, Gabbard, and Pete Hegseth (Trump’s choice for defense secretary), could struggle to find 50 Republican votes. And as Thune himself noted in a Fox News interview on Thursday night, Republicans who oppose their confirmation are unlikely to vote for the Senate to adjourn so that Trump can install them anyway.

Thune, who had been elected as leader by his colleagues only one day before that interview, seems fine with helping Trump get around Democrats. Letting Trump defy Thune’s own members and neuter the Senate is a much bigger ask. Then again, if Trump takes his power play to the limit, the new majority leader won’t have a say at all.

Making Government Efficient Again

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 11 › making-government-efficient-again › 680672

Although the plight of America’s 2.2 million federal bureaucrats seldom elicits public sympathy, spare a charitable thought for their future. Not since the congressional elections of 1882 has civil-service reform received so much political attention. President-Elect Donald Trump and his allies now face a fundamental decision: Will they listen to the loudest and most extreme voices in their party and be agents of chaos and disruption in upending the civil service? Or will they adopt a more measured, incremental approach that would deliver improvements and burnish their managerial credentials? The recent appointment of Elon Musk and Vivek Ramaswamy to lead the newly minted Department of Government Efficiency is a clear signal that Trump is leaning toward disruption. But the risks are significant—and the president-elect has other reform options that could be more effective at a far lower cost.  

Few would argue that the current federal civil service is perfect. In 2017 and 2018, the National Academy of Public Administration, an independent nonprofit chartered by Congress, issued a two-part white paper describing the government’s staffing system as “fundamentally broken,” with too many rules and too little flexibility. Its authors argued that firing nonperformers and attracting new talent can be too difficult. Other observers have bemoaned the bureaucracy for its cost, inefficiency, and unresponsiveness. Change is clearly needed, and would in fact be welcome in many corners of the federal government.

Although distinguished bipartisan commissions may agree on a path forward, Republican and Democratic politicians—buffeted by the interests and passions of their bases—have been unable to come together to address these problems. Under pressure from public-sector unions, Democrats have shied away from even modest reforms of their own and have focused instead on resisting GOP proposals—which have centered on removing protections from federal employees. Some on the hard right are working toward “deconstruction of the administrative state” and the “total destruction of the deep state,” as the former Trump strategist Steve Bannon has put it. But most Americans—including many moderate Republicans and Democrats—do not share this animus. They value government services and simply want to see them performed better.

Efficient and effective institutions are easy to degrade, difficult to build. The United States needs to retain the benefits of technical competence and impartial advice from a meritocratic civil service while ensuring that federal employees are accountable to political oversight. There are more constructive ways to achieve the objectives that both Republicans and Democrats claim to want, while retaining a high-performing, meritocratic civil service.         

[Read: Brace for the storm]

Late in his first administration, Trump used an executive order to introduce Schedule F, which sought to remove civil-service protections from any career official with a policy-making role, giving the White House much greater discretion in hiring and firing. Currently, there are about 4,000 political positions, out of which some 1,200 are subject to congressional approval. The number of positions that could be designated as Schedule F is unknown, but estimates suggest it could be 50,000 or higher. Trump’s campaign pledged to “immediately reissue my 2020 executive order restoring the president’s authority to remove rogue bureaucrats,” and he himself has promised to wield this power “very aggressively.”

He will have broad support from his party, which has sought to reap political benefit from stoking public hostility toward civil servants. In 2023, Florida Governor Ron DeSantis, then a presidential primary candidate, claimed that he would start “slitting throats” of federal bureaucrats from day one. Other prominent Republicans, such as Trump’s nominee for secretary of state, Marco Rubio, have indicated their openness to Schedule F. During the primaries, Ramaswamy denounced the administrative state as “an unconstitutional fourth branch of government,” and proposed firing more than three-quarters of federal employees. He later revised this mass-termination plan to cover just half the federal workforce, selected randomly: “If your SSN ends in an odd number, you’re fired.” More recently, Ramaswamy has expressed admiration for Musk’s drastic staff cuts at X (formerly Twitter) as a template for reducing the federal government.

In the Senate, Florida’s Rick Scott has been the Republican most aggressively pressing for a radical restructuring of the civil service. In 2022, he rolled out his 12-point Rescue America plan, which included a proposal for many government agencies to either move out of Washington or shut down entirely. Although about 85 percent of federal employees already work outside the greater Washington, D.C., area, the idea of moving staff out of the capital has caught on in Republican circles—the Trump campaign said he would move as many as 100,000 civil-service positions “to places filled with patriots who love America.” Cutting civil-service protections is also popular with the MAGA base: The Public Service Reform Act, which Scott introduced last year, proposed to place the entire workforce in “at will” employment status, allowing them to be terminated “for good cause, bad cause, or no cause at all.” (The bill has not yet passed through committee.)

And then there is the Heritage Foundation’s Project 2025. Tonally, the document is uncompromising. The federal government is a “behemoth” deployed against American citizens and conservative values; federal bureaucrats are “underworked, over compensated and unaccountable.” The project argues that the entire edifice of civil-service protections is a legacy of the American left: “Progressive intellectuals and activists demanded a more professionalized, scientific and politically neutral administration.” That statement is partly accurate but woefully incomplete. Republicans have historically been at the forefront of reform efforts, and the last major one, during the Carter administration, was a notably bipartisan affair.

Rhetoric aside, the project’s analysis of central agencies and federal personnel policy is more subtle and nuanced, grounded in a careful review of the relevant institutions and legal and regulatory frameworks. What influence Project 2025 will have on the second Trump administration remains to be seen. Tactically, the president-elect chose to distance himself from it during the campaign, but in office Trump may draw heavily on the document—as well as the personnel who drafted it.

As Francis Fukuyama has argued, the reintroduction of Schedule F will make the federal government “less competent and vastly more politicized.” The United States already has a much higher number of political appointees than any other advanced-industrial democracy—nearly 28 times the number in the United Kingdom, for example. Political appointments stretch down four or five levels of bureaucracy in some agencies (such as the Department of Defense).  

Republicans would be unwise to view Trump’s reelection as a mandate for completely uprooting the civil service. The most recent survey of public confidence in government by the nonpartisan Partnership for Public Service found disturbing evidence of reduced trust in government. Yet attitudes toward federal employees remain positive. A majority of respondents (55 percent) agreed with the statement that most civil servants are competent; a similar proportion agreed that most are committed to helping people “like me.” Only a quarter of respondents said that presidents should be able to fire “any civil servants that they choose for any reason,” whereas 72 percent disagreed with this statement.

[Read: Trump takes aim at Republicans]

Several measures could improve responsiveness, accountability, and performance at a much lower cost and risk than the ideas currently circulating in Republican circles. Departments and agencies should have more flexibility in managing their human resources, and be empowered to tailor their personnel policies to their particular business needs. The allocation of political appointees across the government needs regular review: A bipartisan commission should examine the current 4,000 such posts and make recommendations to the administration about streamlining and redistribution. Performance management is a key area for improvement: Currently, less than 0.5 percent of the federal workforce is rated “marginally satisfactory” or “unsatisfactory,” which at best stretches credence and at worst damages public trust. All government agencies ought to evaluate their staff’s performance on a standard curve, so that poor delivery is consistently identified and addressed. (Adjustments could be made so as not to penalize high-performing agencies and units.) Lastly, labor relations in the civil service need an overhaul: The processes and paperwork surrounding termination should be simplified; the window for appeals should be narrowed; and the role of unions in the grievance process for individual employees should be curtailed.

Such measures may disappoint the more fervent anti-government voices in today’s GOP. But a sober assessment would view Musk’s experience with X as a cautionary tale. Although the platform has functioned as a megaphone for its owner, it has also shed users; experienced repeated and embarrassing technical glitches; witnessed steep declines in advertising revenue; and may now be worth as little as a fifth of what he paid for it in 2022. In the private sector, such failures fall primarily upon owners and investors; in the public sector, they would affect us all. Do Americans want vital government services such as food inspection, air traffic control, or Social Security payments to suffer similar breakdowns? Dislocation and deconstruction may have a visceral appeal among elements of the MAGA base. But once the new Trump administration is in office, the American people will expect it to deliver the public goods and services they rely upon—and do so smoothly, fairly and efficiently. Disruption may sound trendy in Silicon Valley or tough in conservative think-tank circles, but delivery is what will ultimately determine the success or failure of these reforms.

Trump Gets His Second Trifecta

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › republicans-win-senate-house-presidency › 680636

Donald Trump will begin his second term as president the same way he began his first—with Republicans controlling both the House and Senate.

The GOP scored its 218th House-race victory—enough to clinch a majority of the chamber’s 435 seats—today when CNN and NBC News declared Republicans the winner of two close elections in Arizona. How many more seats the Republicans will win depends on the outcome of a few contests, in California and elsewhere, where ballots are still being counted. But the GOP’s final margin is likely to be similar to the four-seat advantage it held for most of the past two years, when internal division and leadership battles prevented the party from accomplishing much of anything.

Such a slim majority means that the legislation most prized on the right and feared by the left—a national abortion ban, dramatic cuts to federal spending, the repeal of Barack Obama’s Affordable Care Act and Joe Biden’s largest domestic-policy achievements—is unlikely to pass Congress. “I don’t think they’re even going to try on any of those things,” Brendan Buck, who served as a top aide to former Speaker Paul Ryan during Trump’s first term, told me.

[Daniel Block: The Democrats’ Senate nightmare is only beginning]

Trump’s biggest opportunity for a legacy-defining law may be extending his 2017 tax cuts, which are due to expire next year and won’t need to overcome a Senate filibuster to pass. He could also find bipartisan support for new immigration restrictions, including funding for his promised southern wall, after an election in which voters rewarded candidates with a more hawkish stance on the border.

In 2017, Trump took office with a 51–49 Republican majority in the Senate and a slightly wider advantage in the House—both ultimately too narrow for him to fulfill his core campaign promise of axing the ACA. Next year, the dynamic will be reversed, and he’ll have a bit more of a cushion in the Senate. Republicans gained four seats to recapture the majority from Democrats; they now hold a 53–47 advantage, which should be enough to confirm Trump’s Cabinet picks and judicial nominees. The impact on the Supreme Court could be profound: Trump named three of its nine members during his first term, and should Justices Clarence Thomas and Samuel Alito, who are both in their 70s, retire in the next two years, he would be responsible for nominating a majority of the Court.

Yet on legislation, Republicans will be constrained by both the Senate’s rules and the party’s thin margin in the House. Republicans have said they won’t try to curtail the Senate’s 60-vote threshold for circumventing a filibuster. “The filibuster will stand,” the outgoing Senate minority leader, Mitch McConnell, declared on the day after the election. But he’ll be only a rank-and-file member in the next Congress. McConnell’s newly elected successor as party leader, Senator John Thune of South Dakota, reiterated his commitment to the legislative filibuster after winning a secret-ballot election for the role.

How many votes are needed to pass bills in the Senate won’t mean much if Trump can’t get legislation through the House, and that could be a far more difficult proposition. The two speakers during the current Congress, Kevin McCarthy and Mike Johnson, each had to rely on Democrats to get major bills passed, because the GOP’s majority proved too thin to govern. With Trump’s backing, Johnson should have the votes to stay on as speaker when the new Congress convenes in January. (When Trump addressed House Republicans today in Washington, the speaker hailed him as “the comeback king” and, NBC News reported, the president-elect assured Johnson he would back him “all the way.”)

But the Republican edge could be even narrower next year if Democrats win a few more of the final uncalled races. Trump’s selection of Representative Elise Stefanik of New York to serve as United Nations ambassador and Representative Mike Waltz of Florida to serve as national security adviser could deprive Republicans of two additional seats for several months until voters elect their replacements. (Senator Marco Rubio’s expected nomination as secretary of state won’t cost the GOP his Florida seat, because Governor Ron DeSantis can appoint an immediate replacement.)

[Read: Elise Stefanik’s Trump audition]

Still, the GOP has reason to hope for a fruitful session. During Biden’s first two years in office, House Democrats demonstrated that even a small majority could produce major legislation. They passed most of Biden’s agenda—though the Senate blocked or watered down some of it—despite having few votes to spare. And Trump exerts a much tighter grip on his party than Biden did on congressional Democrats. Unlike during Trump’s first term, few if any Republicans hostile to his agenda remain in the House. His decisive victory last week, which includes a likely popular-vote win, should also help ensure greater Republican unity.

“I think we will have a much easier time in terms of getting major things passed,” predicts Representative Mike Lawler of New York, whose victory in one of the nation’s most closely watched races helped Republicans keep their majority. “The country was very clear in the direction it wants Congress and the presidency to go.”

Trump might even hold sway over a few Democrats on some issues. Because Trump improved his standing almost everywhere last week, the House in January will include many Democrats who represent districts that he carried. Two House Democrats who outran their party by wide margins, Representatives Jared Golden of Maine and Marie Gluesenkamp Perez of Washington State, refused to endorse Kamala Harris, while several candidates who more fully embraced the party’s national message underperformed. Nearly all Democratic candidates in close races echoed Trump’s calls for more aggressive action to limit border crossings, which could yield the new president additional support in Congress for restrictive immigration legislation.

[Mike Pesca: The HR-ification of the Democratic Party]

Like most House Republicans, Lawler endorsed Trump, but he ran on a record of bipartisanship and told me he’d be unafraid to defy the president when he disagreed. As a potential swing vote in a narrow majority, he could have more influence over the next two years. Lawler told me Monday that the GOP should heed the voters’ call to focus on issues such as the economy, border security, tax cuts, and energy production. Pursuing a national abortion ban, he said, would be “a mistake.” And Lawler serves as a reminder that enacting legislation even in an area where Republicans are relatively unified, like tax cuts, could be difficult: He reiterated his vow to oppose any proposal that does not restore a costly deduction for residents of high-tax states such as New York and California—a change that Trump supports but many other Republicans do not.

Trump showed little patience for the hard work of wrangling votes during his first term. Now he’s testing his might on Capitol Hill—and displaying his disdain for Congress’s authority—even before he takes office. Though he didn’t endorse a candidate to succeed McConnell, he urged all of the contenders to allow him to circumvent the Senate by making key appointments when Congress is in recess. After he won, Thune wouldn’t say whether he’d agree. Trump apparently wants the ability to install nominees—Robert F. Kennedy Jr. as secretary of health and human services?—who can’t win confirmation by the Senate.

“The Trump world does not give a damn about normal processes and procedures and traditions and principles of the prerogatives of certain chambers,” Buck, the former GOP aide, said. “They just want to do stuff.” The fight could be instructive, an early indication that no matter how much deference the new Republican majority is prepared to give Trump, he’ll surely still want more.

Pardon Trump’s Critics Now

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 11 › presidential-pardon-trump-critics › 680627

Over the past several years, courageous Americans have risked their careers and perhaps even their liberty in an effort to stop Donald Trump’s return to power. Our collective failure to avoid that result now gives Trump an opportunity to exact revenge on them. President Joe Biden, in the remaining two months of his term in office, can and must prevent this by using one of the most powerful tools available to the president: the pardon power.

The risk of retribution is very real. One hallmark of Trump’s recently completed campaign was his regular calls for vengeance against his enemies. Over the past few months, he has said, for example, that Liz Cheney was a traitor. He’s also said that she is a “war hawk.” “Let’s put her with a rifle standing there with nine barrels shooting at her,” he said. Likewise, Trump has floated the idea of executing General Mark Milley, calling him treasonous. Meanwhile, Trump has identified his political opponents and the press as “enemies of the people” and has threatened his perceived enemies with prosecution or punishment more than 100 times. There can be little doubt that Trump has an enemies list, and the people on it are in danger—most likely legal, though I shudder to think of other possibilities.

Biden has the unfettered power to issue pardons, and he should use it liberally. He should offer pardons, in addition to Cheney and Milley, to all of Trump’s most prominent opponents: Republican critics, such as Adam Kinzinger, who put country before party to tell the truth about January 6; their Democratic colleagues from the House special committee; military leaders such as Jim Mattis, H. R. McMaster, and William McRaven; witnesses to Trump’s conduct who worked for him and have since condemned him, including Miles Taylor, Olivia Troye, Alyssa Farah Griffin, Cassidy Hutchinson, and Sarah Matthews; political opponents such as Nancy Pelosi and Adam Schiff; and others who have been vocal in their negative views, such as George Conway and Bill Kristol.  

[Mark Leibovich: In praise of clarity]

The power to pardon is grounded in Article II, Section 2 of the Constitution, which gives a nearly unlimited power to the president. It says the president “shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” That’s it. A president’s authority to pardon is pretty much without limitation as to reason, subject, scope, or timing.  

Historically, for example, Gerald Ford gave Richard Nixon a “full, free, and absolute pardon” for any offense that he “has committed or may have committed or taken part in during the period from January 20, 1969 through August 9, 1974.” If Biden were willing, he could issue a set of pardons similar in scope and form to Trump’s critics, and they would be enforced by the courts as a protection against retaliation.

There are, naturally, reasons to be skeptical of this approach. First, one might argue that pardons are unnecessary. After all, the argument would go, none of the people whom Trump might target have actually done anything wrong. They are innocent of anything except opposing Trump, and the judicial system will protect them.

This argument is almost certainly correct; the likelihood of a jury convicting Liz Cheney of a criminal offense is laughably close to zero. But a verdict of innocence does not negate the harm that can be done. In a narrow, personal sense, Cheney would be exonerated. But along the way she would no doubt suffer—the reputational harm of indictment, the financial harm of having to defend herself, and the psychic harm of having to bear the pressure of an investigation and charges.

In the criminal-justice system, prosecutors and investigators have a cynical but accurate way of describing this: “You can beat the rap, but you can’t beat the ride.” By this they mean that even the costs of ultimate victory tend to be very high. Biden owes it to Trump’s most prominent critics to save them from that burden.

More abstractly, the inevitable societal impact of politicized prosecutions will be to deter criticism. Not everyone has the strength of will to forge ahead in the face of potential criminal charges, and Trump’s threats have the implicit purpose of silencing his opposition. Preventing these prosecutions would blunt those threats. The benefit is real, but limited—a retrospective pardon cannot, after all, protect future dissent, but as a symbol it may still have significant value.

A second reason for skepticism involves whether a federal pardon is enough protection. Even a pardon cannot prevent state-based investigations. Nothing is going to stop Trump from pressuring his state-level supporters, such as Texas Attorney General Ken Paxton, to use their offices for his revenge. And they, quite surely, will be accommodating.

But finding state charges will be much more difficult, if only because most of the putative defendants may never have visited a particular state. More important, even if there is some doubt about the efficaciousness of federal pardons, that is no reason to eschew the step. Make Trump’s abuse of power more difficult in every way you can.

The third and final objection is, to my mind at least, the most substantial and meritorious—that a president pardoning his political allies is illegitimate and a transgression of American political norms.   

Although that is, formally, an accurate description of what Biden would be doing, to me any potential Biden pardons are distinct from what has come before. When Trump pardoned his own political allies, such as Steve Bannon, the move was widely (and rightly) regarded as a significant divergence from the rule of law, because it protected them from criminal prosecutions that involved genuine underlying criminality. By contrast, a Biden pardon would short-circuit bad-faith efforts by Trump to punish his opponents with frivolous claims of wrongdoing.

[Daniel Block: The Democrats’ Senate nightmare is only beginning]

Still, pardons from Biden would be another step down the unfortunate road of politicizing the rule of law. It is reasonable to argue that Democrats should forgo that step, that one cannot defend norms of behavior by breaking norms of behavior.

Perhaps that once was true, but no longer. For the past eight years, while Democrats have held their fire and acted responsibly, Trump has destroyed almost every vestige of behavioral limits on his exercises of power. It has become painfully self-evident that Democratic self-restraint is a form of unilateral disarmament that neither persuades Trump to refrain from bad behavior nor wins points among the undecided. It is time—well past time—for responsible Democrats to use every tool in their tool kit.

What cannot be debated is that Biden and Vice President Kamala Harris owe a debt not just of gratitude but of loyalty to those who are now in Trump’s investigative sights. They have a moral and ethical obligation to do what they can to protect those who have taken a great risk trying to stop Trump. If that means a further diminution of legal norms, that is unfortunate, but it is not Biden’s fault; the cause is Trump’s odious plans and those who support them.

Don’t Give Up on the Truth

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › america-trump-different-now › 680637

The Donald Trump who campaigned in 2024 would not have won in 2016. It’s not just that his rhetoric is more serrated now than it was then; it’s that he has a record of illicit behavior today that he didn’t have then.

Trump wasn’t a felon eight years ago; he is now. He wasn’t an adjudicated sexual abuser then; he is now. He hadn’t yet encouraged civic violence to overturn an election or encouraged a mob to hang his vice president. He hadn’t yet called people who stormed the Capitol “great patriots” or closed his campaign talking about the penis size of Arnold Palmer. He hadn’t extorted an ally to dig up dirt on his political opponent or been labeled a “fascist to the core” by his former top military adviser.

But America is different now than it was at the dawn of the Trump era. Trump isn’t only winning politically; he is winning culturally in shaping America’s manners and mores. More than any other person in the country, Trump—who won more than 75 million votes—can purport to embody the American ethic. He’s right to have claimed a mandate on the night of his victory; he has one, at least for now. He can also count on his supporters to excuse anything he does in the future, just as they have excused everything he has done in the past.

It’s little surprise, then, that many critics of Trump are weary and despondent. On Sunday, my wife and I spoke with a woman whose ex-husband abused her; as we talked, she broke into tears, wounded and stunned that Americans had voted for a man who was himself a well-known abuser. The day before, I had received a text from a friend who works as a family therapist. She had spent the past few evenings, she wrote, “with female victims of sexual abuse by powerful and wealthy men. Hearing their heartbreak and re-traumatizing because we just elected a president who bragged about assaulting women because he can, and then found guilty by a jury of his peers for doing just that. And then they see their family and neighbors celebrate a victory.”

The preliminary data show that Trump won the support of about 80 percent of white evangelicals. “How can I ever walk into an evangelical church again?” one person who has long been a part of the evangelical world asked me a few days ago.

[McKay Coppins: Triumph of the cynics]

I’ve heard from friends who feel as though their life’s work is shattering before their eyes. Others who have been critical of Trump are considering leaving the public arena. They are asking themselves why they should continue to speak out against Trump’s moral transgressions for the next four years when it didn’t make any difference the past four (or eight) years. It’s not worth the hassle, they’ve concluded: the unrelenting attacks, the death threats, or the significant financial costs.

So much of MAGA world thrives on conflict, on feeling aggrieved, on seeking vengeance. Most of the rest of us do not. Why continue to fight against what he stands for? If Trump is the man Americans chose to be their president, if his values and his conduct are ones they’re willing to tolerate or even embrace, so be it.

And even those who resolve to stay in the public arena will be tempted to mute themselves when Trump acts maliciously. We tried that for years, they’ll tell themselves, and it was like shooting BBs against a brick wall. It’s time to do something else.

I understand that impulse. For those who have borne the brunt of hate, withdrawing from the fight and moving on to other things is an understandable choice. For everything there is a season. Yet I cannot help but fear, too, that Trump will ultimately win by wearing down his opposition, as his brutal ethic slowly becomes normalized.

So how should those who oppose Trump, especially those of us who have been fierce critics of Trump—and I was among the earliest and the most relentless—think about this moment?

First, we must remind ourselves of the importance of truth telling, of bearing moral witness, of calling out lies. Countless people, famous and unknown, have told the truth in circumstances far more arduous and dangerous than ours. One of them is the Russian author and Soviet dissident Aleksandr Solzhenitsyn. “To stand up for truth is nothing,” he wrote. “For truth, you must sit in jail. You can resolve to live your life with integrity. Let your credo be this: Let the lie come into the world, let it even triumph. But not through me.” The simple step a courageous individual must take is to decline to take part in the lie, he said. “One word of truth outweighs the world.” A word of truth can sustain others by encouraging them, by reminding them that they’re not alone and that honor is always better than dishonor.

Second, we need to guard our souls. The challenge for Trump critics is to call Trump out when he acts cruelly and unjustly without becoming embittered, cynical, or fatalistic ourselves. People will need time to process what it means that Americans elected a man of borderless corruption and sociopathic tendencies. But we shouldn’t add to the ranks of those who seem purposeless without an enemy to target, without a culture war to fight. We should acknowledge when Trump does the right thing, or when he rises above his past. And even if he doesn’t, unsparing and warranted condemnation of Trump and MAGA world shouldn’t descend into hate. There’s quite enough of that already.

In his book Civility, the Yale professor Stephen L. Carter wrote, “The true genius of Martin Luther King, Jr. was not in his ability to articulate the pain of an oppressed people—many other preachers did so, with as much passion and as much power—but in his ability to inspire those very people to be loving and civil in their dissent.”

Third, the Democratic Party, which for the time being is the only alternative to the Trump-led, authoritarian-leaning GOP, needs to learn from its loss. The intraparty recriminations among Democrats, stunned at the results of the election, are ferocious.   

My view aligns with that of my Atlantic colleague Jonathan Rauch, who told me that “this election mainly reaffirms voters’ anti-incumbent sentiment—not only in the U.S. but also abroad (Japan/Germany). In 2020, Biden and the Democrats were the vehicle to punish the incumbent party; in 2016 and again in 2024, Trump and the Republicans were the vehicle. Wash, rinse, repeat.” But that doesn’t mean that a party defeated in two of the previous three presidential elections by Trump, one of the most unpopular and broadly reviled figures to ever win the presidency, doesn’t have to make significant changes.

There is precedent—in the Democratic Party, which suffered titanic defeats in 1972, 1980, 1984, and 1988, and in the British Labour Party, which was decimated in the 1980s and the early ’90s. In both cases, the parties engaged in the hard work of ideological renovation and produced candidates, Bill Clinton and Tony Blair, who put in place a new intellectual framework that connected their parties to a public they had alienated. They confronted old attitudes, changed the way their parties thought, and found ways to signal that change to the public. Both won dominant victories. The situation today is, of course, different from the one Clinton and Blair faced; the point is that the Democratic Party has to be open to change, willing to reject the most radical voices within its coalition, and able to find ways to better connect to non-elites. The will to change needs to precede an agenda of change.

Fourth, Trump critics need to keep this moment in context. The former and future president is sui generis; he is, as the Pulitzer Prize–winning historian Jon Meacham put it, “a unique threat to constitutional government.” He is also bent on revenge. But America has survived horrific moments, such as the Civil War, and endured periods of horrific injustice, including the eras of slavery, Redemption, and segregation. The American story is an uneven one.

I anticipate that Trump’s victory will inflict consequential harm on our country, and some of it may be irreparable. But it’s also possible that the concerns I have had about Trump, which were realized in his first term, don’t come to pass in his second term. And even if they do, America will emerge significantly weakened but not broken. Low moments need not be permanent moments.

[Rogé Karma: The two Donald Trumps]

The Trump era will eventually end. Opportunities will arise, including unexpected ones, and maybe even a few favorable inflection points. It’s important to have infrastructure and ideas in place when they do. As Yuval Levin of the American Enterprise Institute told me, “We have to think about America’s challenges and opportunities in ways that reach beyond that point. Engagement in public life and public policy has to be about those challenges and opportunities, about the country we love, more than any particular politician, good or bad.”  

It's important, too, that we draw boundaries where we can. We shouldn’t ignore Trump, but neither should we obsess over him. We must do what we can to keep him from invading sacred spaces. Intense feelings about politics in general, and Trump in particular, have divided families and split churches. We need to find ways to heal divisions without giving up on what the theologian Thomas Merton described as cutting through “great tangled knots of lies.” It’s a difficult balance to achieve.

Fifth, all of us need to cultivate hope, rightly understood. The great Czech playwright (and later president of the Czech Republic) Václav Havel, in Disturbing the Peace, wrote that hope isn’t detached from circumstances, but neither is it prisoner to circumstances. The kind of hope he had in mind is experienced “above all as a state of mind, not a state of the world.” It is a dimension of soul, he said, “an orientation of the spirit, an orientation of the heart; it transcends the world that is immediately experienced, and is anchored somewhere beyond its horizons.”

Hope is not the conviction that something will turn out well, according to Havel; it is “the certainty that something makes sense, regardless of how it turns out.” Hope properly understood keeps us above water; it urges us to do good works, even in hard times.

In June 1966, Robert F. Kennedy undertook a five-day trip to South Africa during the worst years of apartheid. In the course of his trip, he delivered one of his most memorable speeches, at the University of Cape Town.

During his address, he spoke about the need to “recognize the full human equality of all of our people—before God, before the law, and in the councils of government.” He acknowledged the “wide and tragic gaps” between great ideals and reality, including in America, with our ideals constantly recalling us to our duties. Speaking to young people in particular, he warned about “the danger of futility; the belief there is nothing one man or one woman can do against the enormous array of the world’s ills—against misery, against ignorance, or injustice and violence.” Kennedy urged people to have the moral courage to enter the conflict, to fight for their ideals. And using words that would later be engraved on his gravestone at Arlington National Cemetery, he said this:

Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring those ripples build a current which can sweep down the mightiest walls of oppression and resistance.  

No figure of Kennedy’s stature had ever visited South Africa to make the case against institutionalized racial segregation and discrimination. The trip had an electric effect, especially on Black South Africans, giving them hope that they were not alone, that the outside world knew and cared about their struggle for equality. “He made us feel, more than ever, that it was worthwhile, despite our great difficulties, for us to fight for the things we believed in,” one Black journalist wrote of Kennedy; “that justice, freedom and equality for all men are things we should strive for so that our children should have a better life.”

Pressure from both within and outside South Africa eventually resulted in the end of apartheid. In 1994, Nelson Mandela, who had been imprisoned at Robben Island during Kennedy’s visit because of his anti-apartheid efforts, was elected the first Black president of South Africa.

There is a timelessness to what Kennedy said in Cape Town three generations ago. Striking out against injustice is always right; it always matters. That was true in South Africa in the 1960s. It is true in America today.