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Donald Trump Gets Away With It

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 11 › jack-smith-drops-charges-trump › 680798

Donald Trump will never face federal criminal charges for trying to corrupt the 2020 presidential election, the fundamental democratic procedure. Nor will he ever face consequences for brazenly removing highly sensitive documents from the White House, refusing to hand them back, and attempting to hide them from the government.

Special Counsel Jack Smith, representing the Justice Department, today filed to dismiss charges in the two federal cases he was overseeing against Trump. Smith effectively had no choice. Trump had promised to fire him and end the cases as soon as he took office on January 20. (The president-elect reportedly plans to fire not only Smith but also career attorneys who were assigned to his team.)

In both cases, these were crimes that only a president could commit: No one else could have attempted to remain in office by the same means, and few people could have made off with boxes full of these documents. And only a president-elect with nearly unlimited resources could have gotten away with them.

[Read: The Trump-Trumpist divide]

Trump pulled off this legal trick with a simple and effective strategy of running down the clock until being reelected president. Traditionally, defendants have had two ways to beat a rap. They could convince a judge or jury that they didn’t do the crime, or at least that there isn’t enough evidence to prove they did. Or they could look for a way to get sprung on a technicality. Faced with a choice between A and B, Trump chose option C: weaponize the procedural protections of the American justice system against itself.

The problem is not that these protections exist. They are a crucial part of ensuring fairness for all defendants. But just as he has done in other circumstances, Trump sniffed how the things that make the American system great can also be cynically exploited. If you have sufficiently deep pockets and very little shame, you can snow a case under procedural motions, appeals, and long shots, enough to slow the case to a crawl. And in Trump’s case, delay was a victory—not because he could put it off indefinitely, but because he will soon be president again, with the Department of Justice under his authority.

The strategy was not without risks. His claims of presidential immunity drew scoffs from many legal scholars, as well as judges on the first two levels of the federal court system. But the Supreme Court took as long as possible before issuing a ruling substantially agreeing with Trump—the majority included three Trump-appointed justices plus a fourth whose wife was deeply involved in the election-subversion effort.

Even then, the strategy relied on Trump winning the presidential election, which was not a sure bet. Had he lost, the cases would likely have continued, and he might well have lost those. The documents case, though not as grave as Trump’s attack on the basic fabric of the Constitution, was clear-cut in its facts. And in the only criminal case against Trump that did go to a jury—widely viewed as the most tenuous case against him—he was quickly convicted. (Sentencing in that case is now indefinitely paused, also because of Trump’s election.)

But in Attorney General Merrick Garland, Trump drew the ideal foil. The man overseeing the two cases against Trump is obsessive about proceduralism. His view was that the best way to restore the justice system, and the Justice Department, after the first Trump presidency was to do everything precisely by the book, no matter how long it took. It took quite a while—Smith was not appointed until November 2022, two months after the paperwork coup began and three months after the FBI seized documents at Mar-a-Lago. By the time Smith brought charges, in summer 2023, the timeline was tight, either for verdicts soon enough to inform voters or to avoid dismissal if a Republican won the presidential election.

This was the problem with Garland’s calculation: It may have temporarily restored the proper function of the Justice Department, but it didn’t win back public approval, nor did it really benefit the Justice Department in court. Garland appointed Smith as special counsel after Trump entered the presidential race, so as to create an appearance of insulation from politics. Little good that did: The Trump-appointed judge Aileen Cannon delivered a blatantly political ruling throwing the case out because she deemed the appointment unconstitutional.

[David Frum: A good country’s bad choice]

Most important, Garland’s attention to detail meant the system failed to do the basic work of holding accountable someone who had committed serious crimes in plain sight. And partly because of that, Trump will soon return to the White House with the power and intention to destroy all the independence and careful procedures that Garland took such pains to protect.

Not only that, but the Justice Department will be led by the lawyers who developed Trump’s strategy. His new nominee for attorney general, Pam Bondi, spoke outside his trial in New York and defended him in his impeachments. His appointees for deputy attorney general and principal associate deputy attorney general, Todd Blanche and Emil Bove, represented him as defense lawyers. D. John Sauer, who argued the immunity case at the Supreme Court, will be solicitor general, the fourth-ranking post at DOJ.

The lack of accountability for January 6 is an affront to the Constitution. But the lesson that Trump will take from charges being dropped, along with the immunity ruling, is that the system is not capable of holding him accountable for most rules that he violates. The affronts will continue.

The Trump Marathon

The Atlantic

www.theatlantic.com › newsletters › archive › 2024 › 11 › trump-news-exhaustion-chaos › 680801

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

In the almost three weeks since his victory in the presidential election, Donald Trump has more or less completed nominations for his Cabinet, and he and his surrogates have made a flurry of announcements. The president-elect and his team have spent much of November baiting and trolling their opponents while throwing red meat to the MAGA faithful. (Trump, for example, has appointed Elon Musk and Vivek Ramaswamy to a nonexistent “Department of Government Efficiency,” an office whose acronym is a play on a jokey crypto currency.) And though some of Trump’s nominees have been relatively reasonable choices, in recent days Trump has put forward a handful of manifestly unqualified and even dangerous picks, reiterated his grandiose plans for his first days in office, and promised to punish his enemies.

We’ve seen this before. As I warned this past April, stunning his opponents with more outrages than they can handle is a classic Trump tactic:

By overwhelming people with the sheer volume and vulgarity of his antics, Trump and his team are trying to burn out the part of our brains that can discern truth from fiction, right from wrong, good from evil … Trump isn’t worried that all of this will cause voters to have a kind of mental meltdown: He’s counting on it. He needs ordinary citizens to become so mired in moral chaos and so cognitively paralyzed that they are unable to comprehend the disasters that would ensue if he returns to the White House.

Neither the voters nor the members of the U.S. Senate, however, should fall for it this time. Professor Timothy Snyder of Yale University has written that the most important way to resist a rising authoritarian regime is not to “obey in advance”—that is, changing our behavior in ways we think might conform to the demands of the new ruling group. That’s good advice, but I might add a corollary here: People should not panic and exhaust themselves in advance, either.

In practice, this means setting priorities—mine are the preservation of democracy and national security—and conserving mental energy and political effort to concentrate on those issues and Trump’s plans for them. It’s important to bear in mind as well that Trump will not take the oath of office for another two months. (Such oaths do not matter to him, but he cannot grab the machinery of government without it.) If citizens and their representatives react to every moment of trollery over the coming weeks, they will be exhausted by Inauguration Day.

Trump will now dominate the news cycle almost every day with some new smoke bomb that is meant to distract from his attempts to stock the government with a strange conglomeration of nihilistic opportunists and self-styled revolutionaries. He will propose plans that he has no real hope of accomplishing quickly, while trying to build an aura of inevitability and omnipotence around himself. (His vow to begin mass deportations on his first day, for example, is a logistical impossibility, unless by mass he means “slightly more than usual.” He may be able to set in motion some sort of planning on day one, but he has no way to execute a large-scale operation yet, and it will be some time before he has anywhere to put so many people marked for deportation.)

The attempt to build Trump into some kind of unstoppable political kaiju is nonsense, as the hapless Matt Gaetz just found out. For all of Trump’s bullying and bluster, Gaetz’s nomination bid was over in a matter of days. Two of Trump’s other nominations—Pete Hegseth for defense secretary and Tulsi Gabbard for director of national intelligence—might be in similar trouble as various Republicans begin to show doubts about them.

Senator James Risch, for example, a hard-right conservative from deep-red Idaho and the ranking Republican on the Senate Foreign Relations Committee, declined over the weekend to offer the kind of ritualistic support for Hegseth and Gabbard that Trump expects from the GOP. “Ask me this question again after the hearings,” Risch said on Saturday. “These appointments by the president are constrained by the advice and consent of the Senate. The Senate takes that seriously, and we vet these.”

What Risch seems to be saying—at least I hope, anyway—is that it’s all fun and games until national security is involved, and then people have to get serious about what’s at stake. The Senate isn’t a Trump rally, and the Defense Department isn’t a backdrop for a segment on Fox & Friends.

Similar thinking may have led to Scott Bessent as Trump’s nominee to run the Treasury. Bessent would have been an ordinary pick in any other administration, but in Trump World, it’s noteworthy that a standard-issue hedge-fund leader—and a man who once worked for George Soros, of all people—just edged out the more radical Trump loyalist Howard Lutnick, who has been relegated to Commerce, a far less powerful department. Culture warring, it seems, matters less to some of Team Trump when real money is involved.

None of this is a case for complacency. Hegseth and Gabbard could still end up winning confirmation. The anti-vaxxer Robert F. Kennedy Jr. could take over at the Department of Health and Human Services. Meanwhile, reports have also emerged that Trump may move Kash Patel—the very embodiment of the mercenary loyalist who will execute any and every Trump order—into a senior job at the FBI or the Department of Justice, a move that would raise urgent questions about American civil liberties.

But Trump cannot simply will things into existence. Yes, “the people have spoken,” but it was a narrow win, and Trump again seems to have fallen short of gaining 50 percent of the popular vote. Just as Democrats have had to learn that running up big margins in California does not win the presidency, Republicans are finding yet again that electoral votes are not the same thing as a popular mandate. The Senate Republican conference is rife with cowards, but only a small handful of principled GOP senators are needed to stop some of Trump’s worst nominees.

The other reality is that Trump has already accomplished the one thing he really cared about: staying out of jail. Today, Special Counsel Jack Smith moved to dismiss the January 6–related case against him. So be it; if enough voters have decided they can live with a convicted felon in the White House, there’s nothing the rest of us can do about that.

But Trump returning to office does not mean he can rule by fiat. If his opponents react to every piece of bait he throws in front of them, they will lose their bearings. And even some of Trump’s voters—at least those outside the MAGA personality cult—might not have expected this kind of irresponsible trolling. If these Republican voters want to hold Trump accountable for the promises he made to them during the campaign, they’ll have to keep their heads rather than get caught up in Trump’s daily dramas.

Allow me to add one piece of personal advice for the upcoming holiday: None of the things Trump is trying to do will happen before the end of the week. So for Thanksgiving, give yourself a break. Remember the great privilege and blessing it is to be an American, and have faith in the American Constitution and the freedoms safeguarded within it. If your Uncle Ned shows up and still wants to argue about how the election was stolen from Trump four years ago, my advice is the same as it’s been for every holiday: Tell him he’s wrong, that you love him anyway, that you’re not having this conversation today, and to pass the potatoes.

Related:

Pam Bondi’s comeback Another theory of the Trump movement

Here are three new stories from The Atlantic:

Revenge of the COVID contrarians The end of the quest for justice for January 6 Caitlin Flanagan on the Democrats’ billionaire mistake

Today’s News

Special Counsel Jack Smith filed motions to drop the federal election-subversion and classified-documents cases against Trump, citing a Justice Department rule against prosecuting sitting presidents. A California judge delayed the resentencing date for Lyle and Erik Menendez, the brothers imprisoned for killing their parents in 1989, to give the new Los Angeles County district attorney more time to review the case. The Israeli cabinet will vote tomorrow on a proposed cease-fire deal with Hezbollah, which is expected to pass, according to a spokesperson for Israeli Prime Minister Benjamin Netanyahu. The Israeli ambassador to the U.S. said on Israeli Army Radio that an agreement could be reached “within days” but that there remain “points to finalize.”

Dispatches

The Weekly Planet: Climate negotiations at COP29 ended in a $300 billion deal that mostly showed how far the world is from facing climate change’s real dangers, Zoë Schlanger argues. The Wonder Reader: One of the most humbling parts of being alive is realizing that you might need to reconsider some long-held habits, Isabel Fattal writes.

Explore all of our newsletters here.

Evening Read

Illustration by The Atlantic. Source: Getty.

Everyone Agrees Americans Aren’t Healthy

By Nicholas Florko

Robert F. Kennedy Jr. is wrong about a lot of things in public health. Vaccines don’t cause autism. Raw milk is more dangerous than pasteurized milk. And cellphones haven’t been shown to cause brain cancer. But the basic idea behind his effort to “Make America Healthy Again” is correct: America is not healthy, and our current system has not fixed the problem.

Read the full article.

More From The Atlantic

“Dear Therapist”: No one wants to host my in-laws for the holidays. The right has a Bluesky problem. The leak scandal roiling Israel What the broligarchs want from Trump

Culture Break

Everett

Watch. Every generation has an Oz story, but Wicked is the retelling that best captures what makes L. Frank Baum’s world sing, Allegra Rosenberg writes.

Try out. Group fitness classes aren’t just about exercise—they’re also a ridiculous, perfect way to make friends, Mikala Jamison writes.

Play our daily crossword.

P.S.

I often tell people to unplug from the news. (Hey, I get paid to have opinions about national events, and yet I make sure to stop watching the news now and then too.) If you’d like a break that will not only get you off the doom treadmill but refresh and recharge you, allow me to suggest binge-watching the new Ted Danson series on Netflix, A Man on the Inside. It’s charming and funny, and it might bring a tear to your eye in between some laughs.

Danson plays a recently widowed retired professor who takes a job with a private investigator as the “inside man” at a senior-citizen residence in San Francisco. (As someone who watched the debut of Cheers 42 years ago, I feel like I’ve been growing old along with Danson through his many shows, and this might be his best role.) He’s tracking down a theft, but the crime isn’t all that interesting, nor is it really the point of the show: Rather, A Man on the Inside is about family, friends, love, and death.

My wife and I sometimes found the show almost too hard to watch, because we have both had parents in assisted living and memory-care settings. But A Man on the Inside never hurts—it has too much compassion (and gentle, well-placed humor) to let aging become caricatured as nothing but tragedy and loss. It is a show for and about families, just when we need something we can all watch over the holidays.

— Tom

Stephanie Bai contributed to this newsletter.

When you buy a book using a link in this newsletter, we receive a commission. Thank you for supporting The Atlantic.

The Celebrity Look-Alike Contest Boom

The Atlantic

www.theatlantic.com › technology › archive › 2024 › 11 › celebrity-look-alike-contest-boom › 680742

The fad began with a Timothée Chalamet look-alike contest in New York City on a beautiful day last month. Thousands of people came and caused a ruckus. At least one of the Timothées was among the four people arrested by New York City police. Eventually, the real Timothée Chalamet showed up to take pictures with fans. The event, which was organized by a popular YouTuber who had recently received some attention for eating a tub of cheeseballs in a public park, captured lightning in a bottle. It didn’t even matter that the winner didn’t look much like the actor, or that the prize was only $50.

In the weeks since, similar look-alike contests have sprung up all over the country, organized by different people for their own strange reasons. There was a Zayn Malik look-alike contest in Brooklyn, a Dev Patel look-alike contest in San Francisco, and a particularly rowdy Jeremy Allen White look-alike contest in Chicago. Harry Styles look-alikes gathered in London, Paul Mescal look-alikes in Dublin. Zendaya look-alikes competed in Oakland, and a “Zendaya’s two co-stars from Challengers” lookalike contest will be held in Los Angeles on Sunday. As I write this, I have been alerted to plans for a Jack Schlossberg look-alike contest to be held in Washington, D.C., the same day. (Schlossberg is John F. Kennedy’s only grandson; he both works at Vogue and was also profiled by Vogue this year.)

These contests evidently provide some thrill that people are finding irresistible at this specific moment in time. What is it? The chance to win some viral fame or even just positive online attention is surely part of it, but those returns are diminishing. The more contests there are, the less novel each one is, and the less likely it is to be worth the hassle. That Chalamet showed up to his look-alike contest was magic—he’s also the only celebrity to attend one of these contests so far. Yet the contests continue.

Celebrities have a mystical quality that’s undeniable, and it is okay to want to be in touch with the sublime. Still, some observers sense something a bit sinister behind the playfulness of contest after contest, advertised with poster after poster on telephone pole after telephone pole. The playwright Jeremy O. Harris wrote on X that the contests are “Great Depression era coded,”  seeming to note desperation and a certain manic optimism in these events. The comparison is not quite right—although the people at these contests may not all have jobs, they don’t seem to be starving (one of the contests promised only two packs of cigarettes and a MetroCard as a prize)—but I understand what he’s getting at. Clearly, the look-alike competitions do not exist in a vacuum.

The startling multiplication of the contests reminds me of the summer of 2020, when otherwise rational-seeming people suggested that the FBI was planting caches of fireworks in various American cities as part of a convoluted psyop. There were just too many fireworks going off for anything else to make sense! So people said. With hindsight, it’s easy to recognize that theory as an expression of extreme anxiety brought on by the early months of the coronavirus pandemic. At the time, some were also feeling heightened distrust of law enforcement, which had in some places reacted to Black Lives Matter protests with violence.

Today’s internet-y stunts are just silly events, but people are looking for greater meaning in them. Over the past few weeks, although some have grown a bit weary of the contests, a consensus has also formed that they are net good because they are bringing people out of their house and into “third spaces” (public parks) and fraternity (“THE PEOPLE LONG FOR COMMUNITY”). This too carries a whiff of desperation, as though people are intentionally putting on a brave face and shoving forward symbols of our collective creativity and togetherness.

I think the reason is obvious. The look-alike contests, notably, started at the end of October. The first one took place on the same day as a Donald Trump campaign event at Madison Square Garden, which featured many gleefully racist speeches and was reasonably compared by many to a Nazi rally. The photos from the contests maybe serve as small reassurance that cities, many of which shifted dramatically rightward in the recent presidential election, are still the places that we want to believe they are—the closest approximation of America’s utopian experiment, where people of all different origins and experiences live together in relative peace and harmony and, importantly, good fun. At least most of the time.

What Pete Hegseth’s Nomination Is Really About

The Atlantic

www.theatlantic.com › podcasts › archive › 2024 › 11 › trump-military-pete-hegseth-tulsi-gabbard-cabinet › 680725

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Donald Trump’s decision to tap Pete Hegseth for his Cabinet is one of his nominations that some are reading as pure provocation. Aside from being a veteran, Hegseth has little qualification to lead the Department of Defense. He’s a Fox News host who has written a screed against DEI in the military. He has faced an allegation of sexual assault, which he denies, but the Trump team is not balking. “We look forward to his confirmation,” Steven Cheung, a Trump spokesperson, said in reply to news reports about the allegation. At another time in our history, many lines in Hegseth’s latest book alone might have disqualified him on the grounds of being too juvenile. In the introduction of The War on Warriors, he criticizes the “so-called elites directing the military today”: “Sometime soon, a real conflict will break out, and red-blooded American men will have to save their elite candy-asses.”

Focusing on scandals and inflammatory rhetoric, however, may serve as a diversion from a bigger, more alarming strategy. The real danger of Hegseth’s appointment lies in the role he might play in Trump’s reimagined military. In this episode of Radio Atlantic, we talk with the staff writer Tom Nichols about Trump’s grander plan to centralize control. “He’s going for the trifecta of putting nakedly loyalist, unqualified people into these jobs as a way of saying to everyone in those departments, I’m in control. I run these. You’re going to do what I say. And forget the Constitution. Forget the law. Forget everything except loyalty to Donald Trump,” Nichols says.

The following is a transcript of the episode:

Hanna Rosin: There is such an overwhelming amount of noise around Donald Trump’s proposed nominees—their histories, their scandals, their beliefs—that it’s easy to lose sight of one important pattern, which is Trump placing people in charge of critical Cabinet positions who are utterly loyal to him, so ultimately the real control of those agencies lies with the White House.

[Music]

Rosin: I’m Hanna Rosin. This is Radio Atlantic. Today we are going to talk about a key pillar of that strategy to centralize control: Trump’s plans for the military.

Rosin: Okay. Ready?

Tom Nichols: Ready.

Rosin: Our guest is staff writer Tom Nichols, who’s a professor emeritus at the Naval War College.

Tom, welcome to the show.

Nichols: Thanks, Hanna.

Rosin: So there is so much to talk about in terms of Trump’s proposed appointments, but today we’re going to talk about military- and security-related appointments because they are such high-stakes positions. From Trump’s choice during this transition period, what are you picking up about his attitude towards the military establishment?

Nichols: I think his appointments, particularly for secretary of defense—and some of the rumors that have been floated out of Mar-a-Lago about prosecuting military officers and wholesale firings—these are really direct shots at the senior officer corps of the United States, and I think of it as a direct attack on our traditions of civil-military affairs.

He is trying to send a message that from now on, America’s military officers are supposed to be loyal to him, first and foremost, and not the Constitution, because he still carries a pretty serious grudge against a lot of top military and civilian people during his first term as president who got in his way—or he thinks got in his way—about doing things like, you know, shooting protesters and using the military in the streets of the United States. So he’s sending a pretty clear message that this time around, he’s not going to brook any of that kind of interference.

Rosin: So you think the source of his resistance or hostility towards the military are specific actions that they prevented him from taking, or is it things that, say, generals have said about him—negative things that they’ve said about him?

Nichols: Oh, I don’t think we have to pick between those. He believes in a world where he has total control over everything, because that’s how he’s lived his life. So, of course, he’s angry about all of that stuff—reportedly, you know, going back to things like Bob Woodward’s accounts, where he calls the defense secretary and says, I want to kill Bashar [al-]Assad, the leader of Syria, and James Mattis says, Yeah, okay. We’ll get right on that, and then hangs up the phone and says, We’re not doing that.

Rosin: Right. So he doesn’t want anyone to say, We’re not doing that, anymore?

Nichols: No matter what it is and no matter how unconstitutional or illegal the order, he doesn’t want anybody to say, We’re not doing that. And remember, the first time he ran, he said things like, If I tell my generals—“my generals,” which is a phrase he lovesif I tell my generals to torture people, they’ll do it. And of course, immediately, a lot of very senior officers said, No. No, sir. We will not do that. That’s an illegal order. We can’t do that. He doesn’t want to hear any of that guff this time around.

Rosin: So one thing is: He doesn’t want any future resistance from military leaders who might, you know, counter things he wants done. Another is: He seems to be purging from the past. NBC reported this weekend that they were drawing up a list of military officers who were involved in the withdrawal from Afghanistan, seeing whether they could be court-martialed. How do those two things fit together? Why is that part of the picture?

Nichols: Well, the most important thing about that report from NBC is: It’s not about Afghanistan. If it really were about that and people were looking at it closely—you know, you have to remember that a big part of why that was such a mess, and Biden bears a lot of responsibility for that bungled pullout, but Trump’s the guy who negotiated the agreement and demanded that everybody stick to it.

So this is not about Afghanistan. This is about two things: It’s telling former officers who crossed him that I am going to get even with you. I think a lot of this is just him trying to cut a path to get to people like Mark Milley, the former chairman of the Joint Chiefs. And it’s also a warning for the future that says, No matter what you do, no matter where you go, even if you retire, I can reach out and touch you. So if you’re a colonel or a captain or a general or an admiral, and you think about crossing me, just remember, I will get you for it.

And that’s what I mean about an attack on civil-military relations. Because the other problem, and the reason this whole Afghanistan thing is such nonsense, is these were officers who were following the legal and lawful orders of their commander in chief. If this report is confirmed, it’s a huge muscle flex to say, There is no senior military officer who’s beyond my retribution if he doesn’t, or she doesn’t, do what I want done—no matter how illegal, no matter how unconstitutional, no matter how immoral. All I want to hear out of you is, Yes, sir, and that’s it.

Rosin: Can he do this? In other words, can you reach deep down enough in the military hierarchy to actually accomplish what he’s trying to accomplish?

Nichols: Sure. It doesn’t take many people. There’s a bunch of kind of legalistic stuff that’s going to be difficult. The military—and I’ve actually counseled other people not to get wrapped up in the legality stuff, because that’s not what this is about. This is an effort at political intimidation. But you’d have to find people who are going to hold an Article 32 hearing. It’s kind of like—the military has its own version of, like, a grand jury, and you’d have to find people willing to do that, but you could reach down and find some ambitious and not very principled lieutenant colonel somewhere who says, Sure. I’ll be that prosecutor. I’ll do that.

You don’t need thousands and thousands of people. You just need a handful of men and women who are willing to do this kind of stuff. And yeah. Sure—he can get it done. Remember, this is the president who decided that the military didn’t have the authority to punish its own war criminals and intervened and started handing out dispensations.

Rosin: Yeah. All right. Well, let’s talk about someone who encouraged him not to punish those war criminals.

Nichols: Right.

Rosin: And that is Pete Hegseth, who he nominated for secretary of defense. Tom, in the circles of military people you know, how did people react to that nomination?

Nichols: Well, I’ve been careful not to ask anybody I know who’s still serving, because I don’t want to put them on the spot. But a lot of the people that I worked with and a lot of my colleagues from my days working with the military, I think the first reaction was something along the lines of: If this is a joke, it’s not funny. Are we being pranked? Are we being punked? I mean, the idea of Pete Hegseth running the Defense Department was so spectacularly bizarre—it’s right up there with Matt Gaetz running Justice.

And so now, as it’s sinking in, I think there’s a real horror here—and not just about what could happen in foreign policy. I mean, my biggest clench in my stomach is thinking about a nuclear crisis where the president really needs the secretary of defense—needs this sober and mature and decent man to give him advice—and he turns, and what he gets is Pete Hegseth. You know—

Rosin: Let’s say who Pete Hegseth is, now that you’ve painted the picture—

Nichols: Well, let me just add, though, that for a lot of my military friends and former military friends, there’s a whole other problem, which is: Unlike other departments, the secretary of defense holds the lives of millions of Americans in his hands.

Rosin: Wait. What do you mean? You mean because, because—why? What do you mean by that?

Nichols: Well, because those folks who serve in our military are completely dependent on the DOD for their housing, their medical care, where they’re going to live, what places they get assigned to, you know, all of that stuff. The SecDef doesn’t make those decisions individually every day, but if he turns out to be a terrible manager, the quality of life—and perhaps the actual lives of people in the military—can be really put under a lot of stress and danger by somebody who just doesn’t know what he’s doing.

It’s not like—Ben Carson’s a good example, right? Ben Carson was sent to HUD. He had no idea what he was doing. The department pretty much ran itself. And it’s not like the daily life of hundreds of thousands of people were going to be affected because Ben Carson didn’t know what the hell he was doing. That’s different than people who live under a chain of command to which they are sworn to obey, that goes all the way to the E-Ring of the Pentagon, to the chair Pete Hegseth would be sitting in. That’s a very different situation and very dangerous.

Rosin: Yeah, I see what you’re saying. I mean, at HUD, you go home at 5 o’clock.

Nichols: Exactly.

Rosin: It’s not like that—it’s not like that in the Department of Defense. So it’s totally obvious to you and the people you know why he’s unqualified. Can we just quickly make that case? So he was a weekend host, Fox & Friends. He did end up serving overseas, and I think he has a Bronze Star.

Nichols: He was a major. Yeah, he actually was a major. I think he has two Bronze Stars. Look, I’m, you know—

Rosin: So how does that compare to other people who’ve held this position?

Just so we know.

Nichols: Well, other people who have held these positions had long experience in the national-security and national-defense realm as senior executives who have come all the way up. Look—I think Don Rumsfeld was one of the worst secretaries of defense ever, but he had served in related capacities and had administered a gigantic company that he was the head of. Now, that doesn’t mean he had good judgment, but he—you know, the Defense Department ran every day, and things got done every day.

Ash Carter was a well-known—for, you know, 30 years—a well-known defense intellectual who had contributed substantively to everything about defense, from conventional forces to nuclear weapons. I think one thing people need to understand is how much of dealing with the defense department is just dealing with the intricacies of money.

Hegseth’s going to sit at the top of all that, with no experience in any of this—not in budgeting, not in strategy, not in dealing with allies. I keep having these just head-spinning moments where I think about the first day in the office, and Pete Hegseth has to make calls to his equivalents, to his opposite numbers, as they do in this job. That’s another thing that you don’t do if you’re the secretary of HUD—you don’t call all the housing secretaries on the planet to say hello. Hegseth is going to be on the phone with the Russian minister of defense. He’s going to be on the phone with the Chinese minister of defense. The people that have had these jobs have had exposure to folks like that. This is a guy who’s done none of that— nothing. There’s literally zero background.

Rosin: Yeah. I mean, what he lacks in qualifications and experience and everything else, he seems to make up for in this very forceful ideology that he has. I spent the weekend reading his latest book, [The] War on Warriors. Can we just talk about it for a minute?

I mean, here’s what I understand about it. He tells this kind of alternate history of the downfall of the American military. It basically adds up to DEI. It goes: While we were fighting in Afghanistan, we missed the real war, which was happening at home, which was, you know, women in combat roles and DEI all over the place—so basically, a war against what he calls “normal dudes,” who have always fought and won our wars.

Now, I’m going to torture you by reading one passage, and then I would love to get your opinion about how widespread this ideology is, this idea that the culture war has utterly shaped the military. Is he an outlier, or do a lot of people think this? So here’s the quote: “DEI amplifies differences, creates grievances, [and] excludes anyone who won’t bow down to the cultural Marxist revolution ripping through the Pentagon. Forget DEI—the acronym should be DIE or IED. It will kill our military worse than any IED ever could.”

Where do these ideas come from? Is this just sprouted from his own head, or is there—inside the military, as far as you know—like, a grand resistance against DEI initiatives?

Nichols: This comes from, like, morning editorial meetings at Fox.

Rosin: Uh-huh. (Laughs.)

Nichols: Because I worked with senior military officers, including a lot of my students who had just come back from deployments, and you just didn’t hear anybody talk this way about, you know, Marxism rampant in the Pentagon and DEI is destroying us—in part, because a lot of those folks were standing right next to people that Hegseth would say were DEI promotions. This is kind of the out-of-control bro culture that Hegseth came up in, and some of it’s just generational, I suppose, within the military. But what I found is actually that the military, for all of its flaws, is a pretty meritocratic institution.

Have there been cycles of this, where there’s a lot of sensitivity training and DEI issues? Yeah, of course, because we’re a more diverse country. I’m sorry, but welcome to the world of the 21st century. And what Hegseth and other guys are doing in that book—which is just kind of a big, primal, bro-culture yawp—is saying, I just don’t like this.

So I just think the idea that somehow Hegseth—he wasn’t chosen because of this. He was chosen because he’s a fawning sycophant to Donald Trump. He looks good on TV, which is really important to Trump. And he basically has made it clear, he’ll do anything Trump tells him to do, which is—I think you see this in all of Trump’s appointments.

Rosin: Yeah. Okay. So to summarize: He hates DEI. He pushed Trump to intervene in the case of those service members who were accused of war crimes.

What is this reimagined military? Like, how do you think Trump sees a reimagined military? What is the American military for? What is it doing under his vision? I mean, if it’s just window dressing—like, he wants a nice parade, and he wants a lot of military officers parading with him, and he wants it to look a certain way—that’s one thing. But if the intention is to use it for mass deportations or for turning against internal protesters, then that’s different. Then we’re living in a different country.

Nichols: And he just said that, right? He said, I’m going to do mass deportations, and I’m going to get the military involved. And one thing I can tell you that I know from more than 25 years of teaching military officers: They hate the idea of any internal role. The ethos of the American military officer is that they are there to defend the United States and not to be in the streets of the United States. And this is an old tradition that goes back a long way. And Trump just doesn’t care about that. He thinks it’s his private security force to be ordered around at his beck and call.

Rosin: I will say, about Hegseth: Most of the things in his book did not surprise me. The one thing that did surprise me is: It does seem to be a sustained argument for why the left is the actual enemy, like a foreign enemy. He talks about how they move, how they fight, how to root them out. I mean, the language is very resonant with Trump’s idea of “the enemy from within.”

Nichols: Right. I mean, part of the problem I had with it, you know, is that sometimes I—you just kind of stop and say, This is childish, right? That it comes across as this really sort of adolescent fantasy of, you know, the “internal enemy,” and how, you know, Christian warriors like me are going to save America, and all that stuff.

Rosin: And what men do and what women do and all that.

Nichols: Well, that’s the thing. I think, interestingly enough, if there’s stuff in the book that could really hurt him in terms of his nomination, ironically, it is the utter contempt with which he speaks of women not being in combat. And, of course, Hegseth knows better. I mean, in a foreign deployment, there’s a lot of places where a combat role and a noncombat role are separated by yards. Just ask Tammy Duckworth.

But, again, it’s this culture of, What would his future—because you asked what Trump’s future Army would look like. But, again, Hegseth—and I keep coming back to this word adolescent or juvenile—it’s lots of tough white guys with, you know, beautiful women cheering them on, going into battle from foreign shores to the streets of Baltimore or San Francisco, if that’s what it takes, all in the name of this kind of civilizational rescue.

[Music]

Rosin: After the break, we move from defense to intelligence. Who is Tulsi Gabbard, and what are her qualifications for the director of national intelligence?

[Break]

Rosin: Tulsi Gabbard. Let’s move on to her. She’s his pick for director of national intelligence. She also served in the military, the Hawaii National Guard. You’ve called her a national-security risk, but before we get into that, what does the director of national intelligence do? Why was that office founded?

Nichols: Right. After 9/11, after all the reports and postmortems, one concern was that every part of the American intelligence community, and there’s, like, a dozen and a half agencies that do this stuff—NSA, CIA, the FBI—that they weren’t talking to each other. I have to say, back at the time—I was against this, and I still am—they bolted on this big office called the Office of the Director of National Intelligence, and that DNI is supposed to ride herd on all of these intelligence agencies.

Now you’re supposed to have this one person who represents the community, who kind of straightens out these internal squabbles and has access to everything, because the DNI sits on top of the CIA, the NSA, and all the other agencies. And that’s a really potentially powerful office.

Rosin: Okay, so good timing. It’s now a big and powerful office. That’s the job. What’s your reaction to the pick?

Nichols: Well, she literally has no experience in any of this—nothing, zero, like, not even tangentially. Her supporters say, Well, she’s a lieutenant colonel. Yes, and her deployments were as support missions to a medical unit, a police unit, and a civil-affairs unit.

She’s, even in the military, never had anything to do with intelligence, intelligence gathering, analysis—nothing. Her only other qualifications are that, you know, she was in Congress and attended committee hearings. But she wasn’t on the Intelligence Committee. So you have somebody who has no executive experience, has no intelligence experience, has no background in the field but is, just like Pete Hegseth, totally loyal, totally supportive, and looks good on TV.

Rosin: Right. And why is she a security risk?

Nichols: Because her views about people like Assad and Putin would really be disqualifying.

Rosin: Can you just—what are her views that she’s voiced? What has she said?

Nichols: Right. Putin is misunderstood. We basically caused the Ukraine war. There’s a kind of seriousness issue with Tulsi Gabbard, too. I find her sort of ethereal and kind of weird, to be honest with you. But she said, Zelensky and Putin and Biden—they all need to embrace the spirit of aloha.

Rosin: Oh, boy. Yeah.

Nichols: Yeah. So, you know, I’m sorry, but if you have a top-secret, code-word, compartmented-information clearance, I don’t really want to hear about how you think you should help Putin embrace the spirit of aloha.

With Assad, it’s even scarier. I mean, she has been an apologist and a denier of some of the terrible things he’s done. She met with him outside of government channels when she was a congressperson, and she took a lot of flak for that. And she said, Well, I just think you have to listen to everybody. You can’t solve these problems unless you go and listen.

Rosin: Yeah. So as far as you could tell, what’s the long game here? Is Trump just looking for someone who will stay out of his way so he can communicate with whatever foreign leaders he wants in whatever way he wants, and there won’t be anybody looking over his shoulder?

Nichols: There’s some of that. He resists adult supervision in everything, as he has in his whole life. But I think there’s something much more sinister going on here. If you really want to subvert a democracy, if you really want to undermine the thousands and thousands of people who work in the federal workforce and do things that are pretty scary—you know, investigate your enemies, send troops into the streets, and so on—the three departments you absolutely need are Justice, Defense, and the intelligence community.

Justice because you control the national cops, the FBI, and the national courts. The military because that is a huge source of coercive power, obviously. And the intelligence community because information is power, but also because the intelligence community is one of the other two branches that actually has people in it who have some control over coercive means, who have some ability to use violence.

So I think that he’s going for the trifecta of putting nakedly loyalist, unqualified people into these jobs as a way of saying to everyone in those departments, I’m in control. I run these. You’re going to do what I say. And forget the Constitution. Forget the law. Forget everything except loyalty to Donald Trump. And that means you at the CIA, you at the FBI, you at the Justice Department, the courts, the cops, the military. And I think that’s what’s going on here.

And I’ll add one other thing: If all of these nominees get turfed, that doesn’t mean the people coming in will be better.

Rosin: Yeah. Yeah. You know what this is reminding me of? Our colleague Peter Pomerantsev, who writes about autocracy and democracy—he always talks about how fear and humor are closely linked in an eroding democracy. Because there is a sort of, like, troll-joke factor to some of these nominations, but underneath it is just this chilling fear that you described. Like, a strategy of the triumvirate of power, you know?

Nichols: Absolutely. And they get you used to it by doing things that are so shockingly unthinkable that it becomes thinkable.

Rosin: Yeah.

Nichols: I mean, imagine if we were sitting here, you know, five years ago. Actually, let’s talk about Hegseth again for one moment: Hegseth’s extramarital affairs apparently helped cost him the leadership of the VA.

Rosin: Yeah, you know, Tom, I was remembering that when I was first a reporter, the kind of thing that would sink a nominee was you failed to pay your nanny’s taxes.

Nichols: Or John Tower—drinks too much, hard drinker.

Rosin: And now we have a nominee with a sexual-assault allegation. Now, he denies the allegation, but he did end up paying the woman who accused him as part of a nondisclosure agreement. And it’s like, Nah, he’s fine, you know.

Nichols: Yeah, I know: Whatever. I mean, again, writing the kind of book he wrote would almost—the preface to that book should have been, I want to never be confirmed for anything ever.

Rosin: Right.

Nichols: Right? And this was my argument about why we shouldn’t have elected Donald Trump back in 2016. He wears down our standards to the point where vulgarity and crudeness and criminality and incompetence all just become part of our daily life. When I look back ten years, just in a decade of my life, I think, The amount of change that has happened in the political environment in America is astonishing, and purely because we have signed on to this kind of, as you say, sort of comical and trashy but chilling change, you know, step by step by step, every day. We didn’t do this all in one year. We did this, like, you know, the frog-boiling exercise.

Rosin: Yeah, I feel that way about the last two weeks. You glided by this, but I just want to say: Unless Trump gets around the usual rules, all of these nominees do still need to be approved by the Senate.

Nichols: Right.

Rosin: So you would likely need four senators to oppose. What are the chances of that happening?

Nichols: My big fear—you know, I suppose I could start every sentence these days with, “My big fear,” you know. (Laughs.) One of my many fears is that Gaetz is the political equivalent of a flash-bang grenade that is just thrown into the room, and everybody’s blinded, and their ears are ringing, and they’re like, Oh my God, Matt Gaetz. What kind of crazy nonsense was this? And when everybody kind of gets off the floor and collects themselves, Trump says, Okay, fine, I’ll give you Gaetz. And then he gets everybody else.

Rosin: Yeah.

Nichols: I’m writing something right now, actually, where I argue that the Senate should take these four terrible nominations—Gaetz, Gabbard, Hegseth, and throw in Robert F. Kennedy [Jr.], who is not a threat to the existence of the United States but to the health and well-being of millions of its children—just take these four as a package, and say, Look—you’re gonna get a lot of other stuff. You’re not getting these four. That’s the end of it. Because if they go one by one by one, Trump will wear them down. And I think that’s what I’m worried about. Now, with that said, the Senate, you know, my old neighborhood—the one thing that the senators love is the Senate.

Rosin: Meaning what?

Nichols: Meaning, they love the institution.

Rosin: They love to have the power of the Senate, the decorum of the Senate.

Nichols: Yeah. They believe in the institution. I mean, you know, you can see it with somebody like Susan Collins. Susan Collins loves being a senator and loves the romance of the Senate itself more than, you know, than anything. And they don’t like a president walking in and saying, Listen—I want some guys, and the way you’re going to do this is with a recess appointment, where you’re going to go out and take a walk. They don’t like that. And I wonder if John Thune really wants to begin his time as Senate majority leader—one of the most important positions in the American government—being treated like a stooge.

Rosin: Well, that’s what we’ll be watching for. Thank you for joining me today, Tom.

Nichols: My pleasure, Hanna. Always nice to talk with you.

[Music]

Rosin: This episode of Radio Atlantic was produced by Jinae West. It was edited by Claudine Ebeid, fact-checked by Sara Krolewski, and engineered by Rob Smierciak. Claudine Ebeid is the executive producer of Atlantic audio, and Andrea Valdez is our managing editor.

I’m Hanna Rosin. Thank you for listening.

AI’s Fingerprints Were All Over the Election

The Atlantic

www.theatlantic.com › technology › archive › 2024 › 11 › ai-election-propaganda › 680677

The images and videos were hard to miss in the days leading up to November 5. There was Donald Trump with the chiseled musculature of Superman, hovering over a row of skyscrapers. Trump and Kamala Harris squaring off in bright-red uniforms (McDonald’s logo for Trump, hammer-and-sickle insignia for Harris). People had clearly used AI to create these—an effort to show support for their candidate or to troll their opponents. But the images didn’t stop after Trump won. The day after polls closed, the Statue of Liberty wept into her hands as a drizzle fell around her. Trump and Elon Musk, in space suits, stood on the surface of Mars; hours later, Trump appeared at the door of the White House, waving goodbye to Harris as she walked away, clutching a cardboard box filled with flags.

[Read: We haven’t seen the worst of fake news]

Every federal election since at least 2018 has been plagued with fears about potential disruptions from AI. Perhaps a computer-generated recording of Joe Biden would swing a key county, or doctored footage of a poll worker burning ballots would ignite riots. Those predictions never materialized, but many of them were also made before the arrival of ChatGPT, DALL-E, and the broader category of advanced, cheap, and easy-to-use generative-AI models—all of which seemed much more threatening than anything that had come before. Not even a year after ChatGPT was released in late 2022, generative-AI programs were used to target Trump, Emmanuel Macron, Biden, and other political leaders. In May 2023, an AI-generated image of smoke billowing out of the Pentagon caused a brief dip in the U.S. stock market. Weeks later, Ron DeSantis’s presidential primary campaign appeared to have used the technology to make an advertisement.

And so a trio of political scientists at Purdue University decided to get a head start on tracking how generative AI might influence the 2024 election cycle. In June 2023, Christina Walker, Daniel Schiff, and Kaylyn Jackson Schiff started to track political AI-generated images and videos in the United States. Their work is focused on two particular categories: deepfakes, referring to media made with AI, and “cheapfakes,” which are produced with more traditional editing software, such as Photoshop. Now, more than a week after polls closed, their database, along with the work of other researchers, paints a surprising picture of how AI appears to have actually influenced the election—one that is far more complicated than previous fears suggested.

The most visible generated media this election have not exactly planted convincing false narratives or otherwise deceived American citizens. Instead, AI-generated media have been used for transparent propaganda, satire, and emotional outpourings: Trump, wading in a lake, clutches a duck and a cat (“Protect our ducks and kittens in Ohio!”); Harris, enrobed in a coppery blue, struts before the Statue of Liberty and raises a matching torch. In August, Trump posted an AI-generated video of himself and Musk doing a synchronized TikTok dance; a follower responded with an AI image of the duo riding a dragon. The pictures were fake, sure, but they weren’t feigning otherwise. In their analysis of election-week AI imagery, the Purdue team found that such posts were far more frequently intended for satire or entertainment than false information per se. Trump and Musk have shared political AI illustrations that got hundreds of millions of views. Brendan Nyhan, a political scientist at Dartmouth who studies the effects of misinformation, told me that the AI images he saw “were obviously AI-generated, and they were not being treated as literal truth or evidence of something. They were treated as visual illustrations of some larger point.” And this usage isn’t new: In the Purdue team’s entire database of fabricated political imagery, which includes hundreds of entries, satire and entertainment were the two most common goals.

That doesn’t mean these images and videos are merely playful or innocuous. Outrageous and false propaganda, after all, has long been an effective way to spread political messaging and rile up supporters. Some of history’s most effective propaganda campaigns have been built on images that simply project the strength of one leader or nation. Generative AI offers a low-cost and easy tool to produce huge amounts of tailored images that accomplish just this, heightening existing emotions and channeling them to specific ends.

These sorts of AI-generated cartoons and agitprop could well have swayed undecided minds, driven turnout, galvanized “Stop the Steal” plotting, or driven harassment of election officials or racial minorities. An illustration of Trump in an orange jumpsuit emphasizes Trump’s criminal convictions and perceived unfitness for the office, while an image of Harris speaking to a sea of red flags, a giant hammer-and-sickle above the crowd, smears her as “woke” and a “Communist.” An edited image showing Harris dressed as Princess Leia kneeling before a voting machine and captioned “Help me, Dominion. You’re my only hope” (an altered version of a famous Star Wars line) stirs up conspiracy theories about election fraud. “Even though we’re noticing many deepfakes that seem silly, or just seem like simple political cartoons or memes, they might still have a big impact on what we think about politics,” Kaylyn Jackson Schiff told me. It’s easy to imagine someone’s thought process: That image of “Comrade Kamala” is AI-generated, sure, but she’s still a Communist. That video of people shredding ballots is animated, but they’re still shredding ballots. That’s a cartoon of Trump clutching a cat, but immigrants really are eating pets. Viewers, especially those already predisposed to find and believe extreme or inflammatory content, may be further radicalized and siloed. The especially photorealistic propaganda might even fool someone if reshared enough times, Walker told me.

[Read: I’m running out of ways to explain how bad this is]

There were, of course, also a number of fake images and videos that were intended to directly change people’s attitudes and behaviors. The FBI has identified several fake videos intended to cast doubt on election procedures, such as false footage of someone ripping up ballots in Pennsylvania. “Our foreign adversaries were clearly using AI” to push false stories, Lawrence Norden, the vice president of the Elections & Government Program at the Brennan Center for Justice, told me. He did not see any “super innovative use of AI,” but said the technology has augmented existing strategies, such as creating fake-news websites, stories, and social-media accounts, as well as helping plan and execute cyberattacks. But it will take months or years to fully parse the technology’s direct influence on 2024’s elections. Misinformation in local races is much harder to track, for example, because there is less of a spotlight on them. Deepfakes in encrypted group chats are also difficult to track, Norden said. Experts had also wondered whether the use of AI to create highly realistic, yet fake, videos showing voter fraud might have been deployed to discredit a Trump loss. This scenario has not yet been tested.

Although it appears that AI did not directly sway the results last week, the technology has eroded Americans’ overall ability to know or trust information and one another—not deceiving people into believing a particular thing so much as advancing a nationwide descent into believing nothing at all. A new analysis by the Institute for Strategic Dialogue of AI-generated media during the U.S. election cycle found that users on X, YouTube, and Reddit inaccurately assessed whether content was real roughly half the time, and more frequently thought authentic content was AI-generated than the other way around. With so much uncertainty, using AI to convince people of alternative facts seems like a waste of time—far more useful to exploit the technology to directly and forcefully send a motivated message, instead. Perhaps that’s why, of the election-week, AI-generated media the Purdue team analyzed, pro-Trump and anti-Kamala content was most common.

More than a week after Trump’s victory, the use of AI for satire, entertainment, and activism has not ceased. Musk, who will soon co-lead a new extragovernmental organization, routinely shares such content. The morning of November 6, Donald Trump Jr. put out a call for memes that was met with all manner of AI-generated images. Generative AI is changing the nature of evidence, yes, but also that of communication—providing a new, powerful medium through which to illustrate charged emotions and beliefs, broadcast them, and rally even more like-minded people. Instead of an all-caps thread, you can share a detailed and personalized visual effigy. These AI-generated images and videos are instantly legible and, by explicitly targeting emotions instead of information, obviate the need for falsification or critical thinking at all. No need to refute, or even consider, a differing view—just make an angry meme about it. No need to convince anyone of your adoration of J. D. Vance—just use AI to make him, literally, more attractive. Veracity is beside the point, which makes the technology perhaps the nation’s most salient mode of political expression. In a country where facts have gone from irrelevant to detestable, of course deepfakes—fake news made by deep-learning algorithms—don’t matter; to growing numbers of people, everything is fake but what they already know, or rather, feel.