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Nick Cave’s Revised Rules for Men

The Atlantic

www.theatlantic.com › magazine › archive › 2024 › 12 › nick-cave-bad-seeds-wild-god-album-grief-masculinity › 680396

Nick Cave, one of the most physically expressive figures in rock and roll, was looking at me with suspicion. His eyebrows climbed the considerable expanse of his forehead; his slender frame tensed defensively in his pin-striped suit. I think he thought I was trying to get him canceled.

What I was really trying to do was get him to talk about being a man. For much of his four-decade career fronting Nick Cave and the Bad Seeds, Cave has seemed a bit like a drag king, exaggerating aspects of the male id to amusing and terrifying effect. He performs in funereal formal wear, sings in a growl that evokes Elvis with rabies, and writes acclaimed songs and books brimming with lust, violence, and—in recent years, as he weathered the death of two sons—pained, fatherly gravitas. His venerated stature is more akin to a knighted icon’s than a punk rocker’s; he has been awarded a badge of honor by the Australian government and a fellowship in the United Kingdom’s Royal Society of Literature, and was even invited to King Charles’s coronation, in 2023.

So when I met the 67-year-old Cave at a Manhattan hotel in August, before the release of the Bad Seeds’ 18th studio album, Wild God, I suspected that I might not be alone in wanting to hear his thoughts about the state of masculinity. Meaning: Why are guys, according to various cultural and statistical indicators, becoming lonelier and more politically extreme? I cited some lyrics from his new album that seemed to be about the way men cope with feelings of insecurity and irrelevance, hoping he would elaborate.

Between the long pauses in Cave’s reply, I could hear the crinkling leather of the oversize chair he sat in. “It may be a need that men have—maybe they’re not feeling like they are valued,” he told me, before cutting himself off. “I don’t want to come on like Jordan Peterson or something,” he said, referring to the controversial, right-leaning psychology professor and podcaster who rails against the alleged emasculating effects of modern culture.

Cave seemed taken aback by the idea that he himself was an authority on the subject. “It feels weird to think that I might be tapping into, or somehow the voice of, what it means to be a man in this world,” he told me. “I’ve never really seen that.” In fact, he said, his songs—especially his recent ones—“are very feminine in their nature.”

“I’m criticized for it, actually,” he went on. Fans write to him and say, “ ‘What’s happened to your fucking music? Grow a pair of balls, you bastard!’ ”

When Cave was 12, growing up in a rural Australian village, his father sat him down and asked him what he had done for humanity. The young Cave was mystified by the question, but his father—an English teacher with novelist ambitions—clearly wanted to pass along a drive to seek greatness, preferably through literary means. Other dads read The Hardy Boys to their kids; Cave’s regaled him with Dostoyevsky, Titus Andronicus, and … Lolita.

Those works’ linguistic elegance and thematic savagery lodged deep in Cave, but music became the medium that spoke best to his emerging point of view—that of an outsider, a bad seed, alienated from ordinary society. When he was 13, a schoolmate’s parents accused him of attempted rape after he tried to pull down their daughter’s underwear; at the school he was transferred to, he became notorious for brawling with other boys. His father’s death in a car crash when Cave was 19, and his own heroin habit at the time, didn’t help his outlook. “I was just a nasty little guy,” he told Stephen Colbert recently. His thrashing, spit-flinging band the Birthday Party earned him comparisons to Iggy Pop, but it wasn’t until he formed the Bad Seeds, in the early ’80s, that his bleak artistic vision ripened.

[Read: Nick Cave is still looking for redemption]

Blending blues, industrial rock, and cabaret into thunderous musical narratives, the Bad Seeds’ songs felt like retellings of primal fables, often warning about the mortal dangers posed by intimacy, vulnerability, and pretty girls. On the 1984 track “From Her to Eternity,” piano chords stabbed like emergency sirens as Cave moaned, “This desire to possess her is a wound.” Its final stanza implied that Cave’s narrator had killed the object of his fascination—a typically grisly outcome in Cave’s early songs. His defining classic, 1988’s “The Mercy Seat,” strapped the listener into the position of a man on death row. It plumbed another of Cave’s central themes: annihilating shame, the feeling of being judged monstrous and fearing that judgment to be true.

As Cave aged and became a father—to four sons by three different women—his vantage widened. The Bad Seeds’ 1997 album, The Boatman’s Call, a collection of stark love songs inspired by his breakup with the singer PJ Harvey, brought him new fans by recasting him as a romantic tragedian. More and more, the libidinal bite of his work seemed satirical. He formed a garage-rock band, Grinderman, whose 2007 single “No Pussy Blues” was a send-up of the mindset of those now called incels, construing sexual frustration as cosmic injustice. (Cave spat, “I sent her every type of flower / I played a guitar by the hour / I patted her revolting little Chihuahua / But still she just didn’t want to.”) In his sensationally filthy 2009 novel, The Death of Bunny Munro, he set out to illustrate the radical feminist Valerie Solanas’s appraisal that “the male is completely egocentric, trapped inside himself, incapable of empathizing or identifying with others.” (The actor Matt Smith will soon play the novel’s protagonist, an inveterate pervert, in a TV adaptation.)

But the Cave of today feels far removed from the theatrical grossness of his past, owing to personal horrors. In 2015, his 15-year-old son Arthur fell off a cliff while reportedly on LSD; in 2022, another son, Jethro, died at 31 after struggles with mental health and addiction. “I’ve had, personally, enough violence,” Cave told me. The murder ballads he once wrote were “an indulgence of someone that has yet to experience the ramifications of what violence actually has upon a person—if I’m looking at the death of my children as violent acts, which they are to some degree.”

Nick Cave and his early band the Birthday Party at the Peppermint Lounge in New York, March 26, 1983 (Michael Macioce / Getty)

Music beckoned as a means of healing. The Bad Seeds’ 2019 album, Ghosteen, was a shivery, synth-driven tone poem in which Cave tried to commune with his lost son in the afterlife; by acclamation, it’s his masterpiece. Wild God marks another sonic and temperamental reset. Its music is a luminous fusion of gospel and piano pop: more U2 than the Stooges, more New Testament than Old. Compared with his earlier work, these albums have “a more fluid, more watery sort of feel,” he said. “Which—it’s dangerous territory here—but I guess you could see as a feminine trait.”

On a level deeper than sound, Cave explained, his recent music is “feminine” because of its viewpoint. His lyrics now account not just for his own feelings, but for those of his wife, Susie, the mother of Arthur and his twin brother, Earl. In the first song on Ghosteen, for example, a woman is sitting in a kitchen, listening to music on the radio, which is exactly what Susie was doing when she learned what had happened to Arthur.

“After my son died, I had no understanding of what was going on with me at all,” Cave said. “But I could see Susie. I could see this sort of drama playing out in front of me. Drama—that sounds disparaging, but I don’t mean that. It felt like I was trying to understand what was happening to a mother who had lost her child.” His own subjectivity became “hopelessly and beautifully entangled” with hers. On Ghosteen, “it was very difficult to have a clean understanding of whose voice I actually was in some of these songs.”

That merging of perspectives reflects more than just the shared experience of suffering. It is part of what Cave sees as a transformation of his worldview—from inward-looking to outward-looking, from misanthrope to humanist. Arthur’s death made him realize that he was part of a universal experience of loss, which in turn meant that he was part of the social whole. Whereas he was once motivated to make art to impress and shock the world, he now wanted to help people, to transmute gnawing guilt into something good. “I feel that, as his father, he was my responsibility and I looked away at the wrong time, that I wasn’t sufficiently vigilant,” he said in the 2022 interview collection Faith, Hope and Carnage. He added, speaking of his and Susie’s creative output, “There is not a song or a word or a stitch of thread that is not asking for forgiveness, that is not saying we are just so sorry.”

On the Red Hand Files, the epistolary blog that Cave started in 2018, he replies to questions from the public concerning all manner of subjects: how he feels about religion (he doesn’t identify as Christian, yet he attends church every week), what he thinks of cancel culture (against it, “mercy’s antithesis”), whether he likes raisins (they have a “grim, scrotal horribleness, but like all things in this world—you, me and every other little thing—they have their place”).

At least a quarter of the messages he receives from readers express one idea—“The world is shit,” as he put it. “That has a sort of range: from people that just see everything is corrupt from a political point of view, to people that just see no value in themselves, in human beings, or in the world.” Cave recognizes that outlook from his “nasty little guy” days—but he fears that nihilism has moved from the punk fringe to the mainstream. The misery in his inbox reflects a culture that is “anti-sacred, secular by nature, unmysterious, unnuanced,” he said. He thinks music and faith offer much-needed medicine, helping to re-enchant reality.

[From the October 2024 issue: Leonard Cohen’s prophetic battle against male egoism]

Cave has been heartened to see so many people evidently feeling the same way. Back when Jordan Peterson was first making his mark as a public figure, Cave devoured his lectures about the Bible, he told me. “They were seriously beautiful things. I heard reports about people in his classes; it was like being on acid or something like that. Just listening to this man speak about these sorts of things—it was so deeply complex. And putting the idea of religion back onto the table as a legitimate intellectual concern.”

But over time, he lost interest in Peterson as he watched him get swept up in the internet’s endless, polarized culture wars. Twitter in particular, he said, has “had a terrible, diminishing effect on some great minds.”

The artist’s job, as Cave has come to see it, is to work against this erosion of ambiguity and complication, using their creative powers to push beyond reductive binaries, whether they’re applied to politics, gender, or the soul. “I’m evangelical about the transcendent nature of music itself,” he said. “We can listen to some deeply flawed individuals create the most beautiful things imaginable. The distance from what they are as human beings to what they’re capable of producing can be extraordinary.” Music, he added, can “redeem the individual.”

This redemptive spirit hums throughout Wild God. One song tells of a ghostly boy sitting at the foot of the narrator’s bed, delivering a message: “We’ve all had too much sorrow / Now is the time for joy.” The album joins in that call with its surging, uplifting sound. The final track, “As the Waters Cover the Sea,” is a straightforward hymn, suitable to be sung from the pews of even the most traditional congregations.

But the album is not entirely a departure from Cave’s old work; he has not fully evolved from “living shit-post to Hallmark card,” as he once joked in a Red Hand Files entry. “Frogs” begins with a stark reference to the tale of Cain and Abel—“Ushering in the week, he knelt down / Crushed his brother’s head in with a bone”—and builds to Cave singing, in ecstatic tones, “Kill me!” His point is that “joy is not happiness—it’s not a simple emotion,” he told me. “Joy, in its way, is a form of suffering in itself. It’s rising out of an understanding of the base nature of our lives into an explosion of something beautiful, and then a kind of retreat.”

A few songs portray an old man—or, seemingly interchangeably, an “old god” or a “wild god”—on a hallucinatory journey around the globe, lifting the spirits of the downtrodden wherever he goes. At times, the man comes off like a deluded hero, or even a problematic one: “It was rape and pillage in the retirement village / But in his mind he was a man of great virtue and courage,” Cave sings on the album’s title track. In Cave’s view, though, this figure “is a deeply sympathetic character,” he told me, a person who feels “separated from the world” and is “looking for someone that will see him of some value.”

As with Ghosteen, the album mixes Susie’s perspective with Cave’s. One song, “Conversion,” was inspired by an experience, or maybe a vision, that she had—and that she asked her husband not to publicly disclose in detail. “There is some gentle tension between my wife, who’s an extremely private person, and my own role, which is someone that pretty much speaks about pretty much everything,” Cave said.

In the song, the old god shambles around a town whose inhabitants watch him “with looks on their faces worse than grief itself”—perhaps pity, perhaps judgment. Then he sees a girl with long, dark hair. They embrace—and erupt into a cleansing flame, curing the man of his pain. As Cave described this moment in the song to me, he flared his eyes and made an explosive noise with his mouth. In my mind, I could see the old god, and he looked just like Cave.

This article appears in the December 2024 print edition with the headline “Nick Cave Wants to Be Good.”

The Death of Search

The Atlantic

www.theatlantic.com › technology › archive › 2024 › 11 › ai-search-engines-curiosity › 680594

For nearly two years, the world’s biggest tech companies have said that AI will transform the web, your life, and the world. But first, they are remaking the humble search engine.

Chatbots and search, in theory, are a perfect match. A standard Google search interprets a query and pulls up relevant results; tech companies have spent tens or hundreds of millions of dollars engineering chatbots that interpret human inputs, synthesize information, and provide fluent, useful responses. No more keyword refining or scouring Wikipedia—ChatGPT will do it all. Search is an appealing target, too: Shaping how people navigate the internet is tantamount to shaping the internet itself.

Months of prophesying about generative AI have now culminated, almost all at once, in what may be the clearest glimpse yet into the internet’s future. After a series of limited releases and product demos, mired with various setbacks and embarrassing errors, tech companies are debuting AI-powered search engines as fully realized, all-inclusive products. Last Monday, Google announced that it would launch its AI Overviews in more than 100 new countries; that feature will now reach more than 1 billion users a month. Days later, OpenAI announced a new search function in ChatGPT, available to paid users for now and soon opening to the public. The same afternoon, the AI-search start-up Perplexity shared instructions for making its “answer engine” the default search tool in your web browser.

[Read: The AI search war has begun]

For the past week, I have been using these products in a variety of ways: to research articles, follow the election, and run everyday search queries. In turn I have scried, as best I can, into the future of how billions of people will access, relate to, and synthesize information. What I’ve learned is that these products are at once unexpectedly convenient, frustrating, and weird. These tools’ current iterations surprised and, at times, impressed me, yet even when they work perfectly, I’m not convinced that AI search is a wise endeavor.

For decades, the search bar has been a known entity. People around the world are accustomed to it; several generations implicitly regard Google as the first and best way to learn about basically anything. Enter a query, sift through a list of links, type a follow-up query, get more links, and so on until your question is answered or inquiry satisfied. That indirectness and wide aperture—all that clicking and scrolling—are in some ways the defining qualities of a traditional Google search, allowing (even forcing) you to traverse the depth and breadth of connections that justify the term world-wide web. The hyperlink, in this sense, is the building block of the modern internet.

That sprawl is lovely when you are going down a rabbit hole about Lucrezia de Medici, as I did when traveling in Florence last year, or when diving deep into a scientific dilemma. It is perfect for stumbling across delightful video clips and magazine features and social-media posts. And it is infuriating when you just need a simple biographical answer, or a brunch recommendation without the backstory of three different chefs, or a quick gloss of a complex research area without having to wade through obscure papers.

In recent years, more and more Google Search users have noted that the frustrations outweigh the delight—describing a growing number of paid advertisements, speciously relevant links engineered to top the search algorithm, and erroneous results. Generative AI promises to address those moments of frustration by providing a very different experience. Asking ChatGPT to search the web for the reasons Kamala Harris lost the presidential election yielded a short list with four factors: “economic concerns,” “demographic shifts,” “swing state dynamics,” and “campaign strategies.” It was an easy and digestible response, but not a particularly insightful one; in response to a follow-up question about voter demographics, ChatGPT provided a stream of statistics without context or analysis. A similar Google search, meanwhile, pulls up a wide range of news analyses that you have to read through. If you do follow Google’s links, you will develop a much deeper understanding of the American economy and politics.

Another example: Recently, I’ve been reading about a controversial proposed infrastructure project in Maryland. Google searches sent me through a labyrinth of public documents, corporate pitches, and hours-long recordings of city-council meetings, which took ages to review but sparked curiosity and left me deeply informed. ChatGPT, when asked, whipped up an accurate summary and timeline of events, and cited its sources—which was an extremely useful way to organize the reading I’d already done, but on its own might have been the end of my explorations.

I have long been a critic of AI-powered search. The technology has repeatedly fabricated information and struggled to accurately attribute its sources. Its creators have been accused of plagiarizing and violating the intellectual-property rights of major news organizations. None of these concerns has been fully allayed: The new ChatGPT search function, in my own use and other reports, has made some errors, mixing up dates, misreporting sports scores, and telling me that Brooklyn’s Prospect Park is bigger than Manhattan’s (much larger) Central Park. The links offered by traditional search engines are filled with errors too—but searchbots implicitly ask for your trust without verification. The citations don’t particularly invite you to click on them. And while OpenAI and Perplexity have entered into partnerships with any number of media organizations, including The Atlantic—perhaps competing for the high-quality, human-made content that their searchbots depend on—exactly how websites that once relied on ad revenue and subscriptions will fare on an AI-filtered web eludes me. (The editorial division of The Atlantic operates independently from the business division, which announced its corporate partnership with OpenAI in May.)

[Read: AI search is turning into the problem everyone worried about]

Although ChatGPT and Perplexity and Google AI Overviews cite their sources with (small) footnotes or bars to click on, not clicking on those links is the entire point. OpenAI, in its announcement of its new search feature, wrote that “getting useful answers on the web can take a lot of effort. It often requires multiple searches and digging through links to find quality sources and the right information for you. Now, chat can get you to a better answer.” Google’s pitch is that its AI “will do the Googling for you.” Perplexity’s chief business officer told me this summer that “people don’t come to Perplexity to consume journalism,” and that the AI tool will provide less traffic than traditional search. For curious users, Perplexity suggests follow-up questions so that, instead of opening a footnote, you keep reading in Perplexity.

The change will be the equivalent of going from navigating a library with the Dewey decimal system, and thus encountering related books on adjacent shelves, to requesting books for pickup through a digital catalog. It could completely reorient our relationship to knowledge, prioritizing rapid, detailed, abridged answers over a deep understanding and the consideration of varied sources and viewpoints. Much of what’s beautiful about searching the internet is jumping into ridiculous Reddit debates and developing unforeseen obsessions on the way to mastering a topic you’d first heard of six hours ago, via a different search; falling into clutter and treasure, all the time, without ever intending to. AI search may close off these avenues to not only discovery but its impetus, curiosity.

The issues with factuality and attribution may well be resolved—but even if they aren’t, tech companies show no signs of relenting. Controlling search means controlling how most people access every other digital thing—it’s an incredible platform to gain trust and visibility, advertise, or influence public opinion.

The internet is changing, and nobody outside these corporations has any say in it. And the biggest, most useful, and most frightening change may come from AI search engines working flawlessly. With AI, the goal is to keep you in one tech company’s ecosystem—to keep you using the AI interface, and getting the information that the AI deems relevant and necessary. The best searches are goal-oriented; the best responses are brief. Which perhaps shouldn’t be surprising coming from Silicon Valley behemoths that care, above all, about optimizing their businesses, products, and users’ lives.

A little, or even a lot, of inefficiency in search has long been the norm; AI will snuff it out. Our lives will be more convenient and streamlined, but perhaps a bit less wonderful and wonder-filled, a bit less illuminated. A process once geared toward exploration will shift to extraction. Less meandering, more hunting. No more unknown unknowns. If these companies really have their way, no more hyperlinks—and thus, no actual web.

The Cases Against Trump: A Guide

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 11 › donald-trump-legal-cases-charges › 675531

The first former president to be convicted of a felony is now also the first convicted felon to be elected as president.

Donald Trump won reelection on November 5, paving the way for his return to the White House—as well as the end or postponement of the criminal cases against him. The extent to which those cases also paved the way for his return to the White House will be a topic for years of debate. One plausible argument is that the sense that Trump was being persecuted strengthened his support; another is that the failure to bring cases sooner and finish them deprived voters of complete information. Both may be true.

In any event, the discussion is moving from the legal to the political because the legal side seems to have reached a dead end. Special Counsel Jack Smith and the Justice Department are expected to end the cases against him related to attempting to subvert the 2020 election and hoarding classified documents at Mar-a-Lago, neither of which has made it to trial. The documents case, long considered the most straightforward, was bottled up by a Trump-appointed judge on dubious procedural grounds. The election-subversion case took a detour to the Supreme Court, where a conservative majority ran down the clock before ruling that a president has very broad immunity for most acts done as president; the lower court hearing the case only recently got back on track, but on November 8, Smith asked the judge to pause the case, citing Trump’s victory.

But now, given that DOJ guidance says a sitting president can’t be tried, and that Trump has promised to fire Smith and immediately dismiss the cases anyway, the two federal cases are likely to wind down. An election-subversion case in Fulton County, Georgia, is effectively frozen already amid challenges to the prosecutor’s handling of the case. Trump has been convicted but not sentenced in New York State related to hush money paid to the adult film actor Stormy Daniels, and sentencing in that case may never happen, either.

If the failure to swiftly prosecute Trump enabled his election, then, his election seems to guarantee that he will never face accountability for the acts he committed, including those for which he has already been convicted of 34 felonies.

What follows is a summary of the major legal cases against Trump, assessments of the gravity of the charges, and the prognosis. This guide will be updated as necessary.

New York State: Fraud

In the fall of 2022, New York Attorney General Letitia James filed a civil suit against Trump, his adult sons, and his former aide Allen Weisselberg, alleging a years-long scheme in which Trump fraudulently reported the value of properties in order to either lower his tax bill or improve the terms of his loans, all with an eye toward inflating his net worth.

When?
Justice Arthur Engoron ruled on February 16 that Trump must pay $355 million plus interest, the calculated size of his ill-gotten gains from fraud. The judge had previously ruled against Trump and his co-defendants in late September 2023, concluding that many of the defendants’ claims were “clearly” fraudulent—so clearly that he didn’t need a trial to hear them.

How grave was the allegation?
Fraud is fraud, and in this case, the sum of the fraud stretched into the hundreds of millions—but compared with some of the other legal matters in which Trump is embroiled, this is a little pedestrian. The case was also civil rather than criminal. But although the stakes are lower for the nation, they remain high for Trump: The size of the penalty appears to be larger than Trump can easily pay, and he also faces a three-year ban on operating his company.

What happens now?
On March 25, the day he was supposed to post bond, an appeals court reduced the amount he must post from more than $464 million to $175 million. Trump has appealed the case. In a September hearing, New York appeals-court judges seemed skeptical of the case against Trump and sympathetic to his arguments. They have not yet ruled.

Manhattan: Defamation and Sexual Assault

Although these other cases are all brought by government entities, Trump also faced a pair of defamation suits from the writer E. Jean Carroll, who said that Trump sexually assaulted her in a department-store dressing room in the 1990s. When he denied it, she sued him for defamation and later added a battery claim.

When?
In May 2023, a jury concluded that Trump had sexually assaulted and defamed Carroll, and awarded her $5 million. A second defamation case produced an $83.3 million judgment in January 2024.

How grave was the allegation?
Although these cases didn’t directly connect to the same fundamental issues of rule of law and democratic governance that some of the criminal cases do, they were a serious matter, and a federal judge’s blunt statement that Trump raped Carroll has gone underappreciated.

What happens now?
Trump has appealed both cases, and he posted bond for the $83.3 million in March.

Manhattan: Hush Money

In March 2023, Manhattan District Attorney Alvin Bragg became the first prosecutor to bring felony charges against Trump, alleging that the former president falsified business records as part of a scheme to pay hush money to women who said they’d had sexual relationships with Trump.

When?
The trial began on April 15 and ended with a May 30 conviction. A judge is scheduled to rule September 16 on whether the U.S. Supreme Court’s decision on presidential immunity invalidates the case. On September 6, he announced that he was postponing sentencing to avoid interfering with the election.

How grave was the allegation?
Many people have analogized this case to Al Capone’s conviction on tax evasion: It’s not that he didn’t deserve it, but it wasn’t really why he was an infamous villain. Trump did deserve it, and he’s now a convicted felon. Moreover, although the charges were about falsifying records, those records were falsified to keep information from the public as it voted in the 2016 election. It was among the first of Trump’s many attacks on fair elections. (His two impeachments were also for efforts to undermine the electoral process.) If at times this case felt more minor compared with the election-subversion or classified-documents cases, it’s because those other cases have set a grossly high standard for what constitutes gravity.

What happens now?
Sentencing was scheduled for November 26, but with Trump now in the middle of a presidential transition, some observers expect that Justice Juan Merchan will either postpone sentencing or even forgo a sentence altogether.

Department of Justice: Mar-a-Lago Documents

Special Counsel Jack Smith charged Trump with 37 felonies in connection with his removal of documents from the White House when he left office, but Judge Aileen Cannon has dismissed the case, finding that Smith’s appointment was not constitutional. Smith has appealed. The charges included willful retention of national-security information, obstruction of justice, withholding of documents, and false statements. Trump took boxes of documents to properties, where they were stored haphazardly, but the indictment centered on his refusal to give them back to the government despite repeated requests.

[David A. Graham: This indictment is different]

When?
Smith filed charges in June 2023. On July 15, 2024, Cannon dismissed the charges. Smith appealed that dismissal on August 26.

How grave is the allegation?
These are, I have written, the stupidest crimes imaginable, but they are nevertheless very serious. Protecting the nation’s secrets is one of the greatest responsibilities of any public official with classified clearance, and not only did Trump put these documents at risk, but he also (allegedly) refused to comply with a subpoena, tried to hide the documents, and lied to the government through his attorneys.

How plausible is a guilty verdict?
Vanishingly unlikely. Smith and the Justice Department are reportedly working on winding down the case now, both because Trump would quash it on his first day in office and also because long-standing guidance says a sitting president cannot be prosecuted. This once looked to be the most open-and-shut case: The facts and legal theory here are pretty straightforward. But Smith drew a short straw when he was randomly assigned Cannon, a Trump appointee who repeatedly ruled favorably for Trump and bogged the case down in endless pretrial arguments. Even before her dismissal of the case, some legal commentators accused her of “sabotaging” it.

Fulton County: Election Subversion

In Fulton County, Georgia, which includes most of Atlanta, District Attorney Fani Willis brought a huge racketeering case against Trump and 18 others, alleging a conspiracy that spread across weeks and states with the aim of stealing the 2020 election.

When?
Willis obtained the indictment in August 2023. The number of people charged makes the case unwieldy and difficult to track. Several of them, including Kenneth Chesebro, Sidney Powell, and Jenna Ellis, struck plea deals in the fall. Because a challenge to Willis’s presence on the case isn’t going to be heard until December, the case will not begin before the election.

How grave is the allegation?
More than any other case, this one attempts to reckon with the full breadth of the assault on democracy following the 2020 election.

How plausible is a guilty verdict?
Trump’s election casts even more uncertainty over an already murky future. This is a huge case for a local prosecutor, even in a county as large as Fulton, to bring. The racketeering law allows Willis to sweep in a great deal of material, and she has some strong evidence—such as a call in which Trump asked Georgia Secretary of State Brad Raffensperger to “find” some 11,000 votes. Three major plea deals from co-defendants may also ease Willis’s path, but getting a jury to convict Trump will still be a challenge. A judge on September 12 tossed three counts as outside state jurisdiction, and dismissed several other but said the state can refile them with more detail. The case has also been hurt by the revelation of a romantic relationship between Willis and an attorney she hired as a special prosecutor. On March 15, Judge Scott McAfee declined to throw out the indictment, but he sharply castigated Willis. Trump’s victory may result in the case being frozen indefinitely.

Department of Justice: Election Subversion

Special Counsel Smith has also charged Trump with four federal felonies in connection with his attempt to remain in power after losing the 2020 election. This case is in court in Washington, D.C.

When?
A grand jury indicted Trump on August 1, 2023. The trial was originally scheduled for March but was frozen while the Supreme Court mulled whether the former president should be immune to prosecution. On July 1, 2024, the justices ruled that a president is immune from prosecution for official but not unofficial acts, finding that some of Trump’s postelection actions were official and sending the case back to the trial court to determine others. Smith obtained a new indictment on August 27, which retains the same four felony charges but omits references to corrupting the Justice Department. On November 8, Smith asked the trial-court judge to pause the case because of the “unprecedented circumstance” of Trump’s reelection.

[David A. Graham: Trump attempted a brazen, dead-serious attack on American democracy]

How grave is the allegation?
This case rivals the Fulton County one in importance. It is narrower, focusing just on Trump and a few key elements of the paperwork coup, but the symbolic weight of the U.S. Justice Department prosecuting an attempt to subvert the American election system is heavy.

How plausible is a guilty verdict?
It’s not happening, folks.

Additionally …

Once upon a time, cases were filed in more than 30 states over whether Trump could even appear on the 2024 ballot under a novel legal theory about the Fourteenth Amendment. Proponents, including J. Michael Luttig and Laurence H. Tribe in The Atlantic, argued that the former president was ineligible to serve again under a clause that disqualifies anyone who took an oath defending the Constitution and then subsequently participated in a rebellion or an insurrection. They said that Trump’s attempt to steal the 2020 election and his incitement of the January 6 riot meet the criteria.

The Supreme Court conclusively disagreed. The justices ruled unanimously on March 4 that states could not remove Trump from the ballot, and appear on the ballot he did. Trump is set to be sworn in as the 47th president on January 20, 2025.

Trump Wins Not Just the White House but His Freedom

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 11 › trump-wins-not-just-white-house-his-freedom › 680582

Donald Trump’s victory on Tuesday was not just an electoral success but a triumph over the legal system. In the years since reluctantly leaving office in 2021, he has been dogged by four separate criminal prosecutions for his various abuses of power before, during, and after his first term as president. Securing a second term was the simplest way to bring these prosecutions to an end, and now his path to doing so is clear—mostly.

That the country is even facing these questions is evidence of the novel—and frightening—position it now finds itself in. Trump has made history as the first person ever to be elected president with a felony record, having been convicted by a New York jury in May, but not yet sentenced. Additionally, he has been indicted in three other cases in both state and federal court, though these cases have not yet made it to trial, and now may never. An apparent majority of American voters decided that these charges, the bulk of which speak directly to Trump’s willingness to abuse the powers of the presidency and his refusal to acknowledge that the law might apply to him, were not disqualifying when they made their selection for the nation’s highest office. And now, because of their decision, Trump has won the impunity he so craved.

The federal cases are done for. The day after the election, reports began to surface that Special Counsel Jack Smith was already in conversation with the Justice Department about bringing his two prosecutions of Trump—one over his hoarding of classified documents, and one over his efforts to unlawfully hold on to power following the 2020 election—to an end before Trump swears the oath of office for a second time on January 20. If for any reason that doesn’t happen, Trump can simply order those cases dismissed—the Department of Justice answers to the president, after all. The state cases, over which Trump has no such power, are somewhat more of a puzzle. In no instance, however, is the answer satisfying for anyone who cares about seeing Trump brought to justice.

[Conor Friedersdorf: Treat Trump like a normal president]

Both of Smith’s cases had already been seriously weakened—particularly the charges concerning the classified documents. That case should have been the most straightforward. Trump appears to have blatantly ignored the law in taking classified materials with him after leaving office, and then refusing to hand that material back to the federal government when the FBI came knocking. But Smith got extremely unlucky when the case was randomly assigned to  the Trump-appointed Judge Aileen Cannon, who has been hamstringing the prosecution ever since with absurd delay after absurd delay. In July, she capped this off by dismissing the charges altogether, on the legally dubious grounds that Smith had been unconstitutionally appointed. Smith has appealed, leaving the documents case in limbo while the U.S. Court of Appeals for the Eleventh Circuit weighs the arguments.

The other federal case concerns the president-elect’s failed attempt to unlawfully hold on to power after his loss in 2020. In court in Washington, D.C., prosecutors were stopped in their tracks for months while the Supreme Court considered what sort of presidential acts are immune from criminal prosecution. In July, the Court ruled that presidents enjoy extensive immunity for so-called official conduct. Following that, Judge Tanya Chutkan was tasked with figuring out which aspects of the charges might be salvageable, as Trump argued that the entire prosecution should be dismissed because of his newfound immunity. Smith has used the resulting back-and-forth as an opportunity to release material capturing Trump’s culpability: Most damningly, a filing by Smith states that when Trump was alerted on January 6 that a mob of rioters had broken into the Capitol and that then–Vice President Mike Pence’s life was in danger, he responded, “So what?”

Now, with Trump poised to reenter the Oval Office, the January 6 case will never make it to trial, and the Florida prosecution of Trump will never be resurrected. The only question is what precise sequence of events will lead to that outcome. Smith may be aiming to have both cases dismissed before Trump once again resumes the presidency, “to comply with long-standing department policy that a sitting president can’t be prosecuted,” NBC first reported. The reasoning behind Smith’s reported conversations with the Justice Department is not entirely clear: Is the thinking that a trial will never come to pass, so it’s better to simply wind things down now? Or is it that the Justice Department’s prohibition on prosecuting a sitting president somehow also forbids moving forward with a prosecution of a president-elect?

Either way, this approach looks a lot like admitting defeat. The alternative would be for Smith to fight to the end and keep moving forward with the cases until Trump takes office, daring the new president to shut them down.

Such a confrontation could play out in a number of ways. Trump declared in October that he would “fire Smith in two seconds” after coming into office. He could make good on that threat and then order the Justice Department to drop the cases. Or he might even take the constitutionally untested step of pardoning himself. Whatever option he chooses, forcing him to take such a step would make obvious the magnitude and impropriety of Trump’s actions: a president abusing his authority to evade criminal accountability for his own wrongdoing. For all of Trump’s battles with the law, he has never tried to so directly quash a case against himself, even during the Mueller investigation. No president ever has.

When Richard Nixon tried to suppress the Watergate investigation, in 1973, setting in motion a series of Justice Department resignations during the “Saturday Night Massacre” until he managed to dismiss Special Prosecutor Archibald Cox, the ensuing political inferno ultimately led to the end of Nixon’s presidency. There is not the slightest possibility that a dismissal of Smith and of the cases against Trump would have the same outcome—the erosion of political norms over the course of the first Trump presidency has seen to that. But there is still some power in letting Trump write himself into history this way.

The counterpoint, such as there is one, is that winding these cases down before Trump enters office might allow for a fuller public accounting of what exactly the once and future president has done. The Justice Department regulations under which Smith operates provide that, upon completing an investigation, the special counsel must provide a report of his work to the attorney general—who may “determine that public release of these reports would be in the public interest.” That’s the provision under which Robert Mueller wrote his famous report. But the Mueller report was delayed in its release thanks to political chicanery by Trump’s Attorney General Bill Barr—and likewise, there’s no guarantee that a Trump-selected attorney general or acting attorney general would lift a finger to release any Smith report. If Smith wraps up under the Biden administration, in contrast, it’s far more likely that the special counsel might be able to release a final accounting of Trump’s deeds to the public.

[Arash Azizi: Don’t give up on America]

The twist, of course, is that it’s hard to imagine that the same public that just elected this man to the presidency would care. At this point, it’s a truism to say that the legal system is not designed to deal with a criminal president or former president, and that the only solution was a political one—to vote him out. Well so much for that, too. What’s more, Trump will enjoy even greater impunity during his second term, thanks to wording in the Supreme Court’s immunity ruling that seems to sharply limit the ability of any future special counsel to investigate a sitting president—if, that is, the special-counsel system survives Cannon’s ruling.

So that’s it for the federal cases. The state prosecutions represent a somewhat more complicated problem, simply because there’s no easy way for Trump to cleanly do away with them. The president has no authority over state criminal cases. Still, the prognosis is not much better.

In Georgia, the ungainly Fulton County prosecution of Trump and 18 other co-defendants for their effort to steal the 2020 election has been stalled since this summer, following a baffling scandal over the personal conduct of District Attorney Fani Willis. This July, a judge placed the case on hold while Trump pursued Willis’s disqualification from the prosecution—a matter that will come before the Georgia Court of Appeals in early December. If that court agrees that Willis is disqualified, another Georgia prosecutor would be appointed to the case, and would have the option of continuing to pursue the prosecution or dropping it entirely. That may be the end of the case right there.

If Willis survives the litigation, or if her replacement decides to move forward, whoever is leading the case will immediately run into two interrelated problems. The first is the very same Supreme Court immunity decision that has bogged down the federal case. Although that ruling directly concerned the federal charges against Trump over January 6, the conduct at issue in the Georgia indictment is substantially similar, and Trump would have strong arguments that the Court’s decision rules out some or all of the Georgia prosecution. The second problem is that, as the Justice Department has long held and as the immunity decision recognizes, there can be no criminal prosecution—even at the state level—of a sitting president. Trump would have no power to get rid of the case, but state prosecutors couldn’t proceed with it, either.

What then? Might prosecutors seek to somehow place the case on ice and unthaw it when Trump leaves office in 2028? “I think we are in an entirely uncharted territory,” Anthony Michael Kreis of Georgia State University College of Law, who has been following the Fulton County case closely, told me.

That leaves the New York case, in which Trump was already convicted on 34 felony counts in May. That verdict, which involved conduct unrelated to Trump’s official duties as president, should have been safe from the Supreme Court’s interference, but the Court contrived to meddle in the prosecution by inventing a bizarre rule largely prohibiting prosecutors from introducing evidence of official presidential acts, even when prosecuting unshielded private conduct. Trump immediately seized on this to argue that the verdict should be thrown out. As a result, his New York sentencing was delayed until after the election—it is now scheduled for November 26—and Justice Juan Merchan is set to rule on Trump’s immunity motion this coming Tuesday, exactly a week after the election.

Merchan once again finds himself in the unenviable situation of trying to work through how the law ought to apply to a particularly sui generis defendant. If the judge decides against tossing out the verdict and moves forward with sentencing, Trump’s defense lawyers may argue that sentencing should be put on hold until after Trump’s presidency. They could also seek to appeal any adverse immunity ruling in New York state courts and up to a potentially friendly Supreme Court. Trying to sort through what happens next requires traveling down the twists and turns of any number of fractals, but the bottom line is that the far-fetched scenario of a president being sworn in from the inside of a New York prison cell—always unlikely—is not going to occur.

All of this places Merchan in a very strange position. “Obviously the court is trying to proceed as if this is any other case, but it really isn’t,” Rebecca Roiphe, a former prosecutor in the Manhattan district attorney’s office and a professor at New York Law School, told me. But, she said of the New York case and the other Trump prosecutions, “from a perspective of the rule of law, it’s really important to follow it through to the end—even if in the end, it fizzles out.”

[Thomas Chatterton Williams: What the left keeps getting wrong]

Besides Trump, other defendants who participated in his various schemes now have new hope of reprieve. Across the country, state cases outside the president’s control are moving forward against people involved in the 2020 fake-electors plot. Will the new administration attempt to leverage threats or political pressure to push state prosecutors to drop these charges? In Florida, Trump has two co-defendants, men who allegedly helped him hide classified documents from the FBI. Will he pardon them as well? What will happen to the five unindicted co-conspirators whom Jack Smith lists as aiding Trump’s unlawful effort to hold on to power in 2020—might Smith recommend charges against them as well, perhaps forcing Trump to pardon them? Or will they slip away?

And then there are the other January 6 defendants—the people who broke into the Capitol on Trump’s command, and whom he has repeatedly indicated he will pardon upon retaking office. Already, one defendant, Christopher Carnell, has unsuccessfully asked for his federal case to be halted, because he is “expecting to be relieved of the criminal prosecution that he is currently facing when the new administration takes office.” Lawyers for another defendant, Jaimee Avery, put the matter even more plainly in asking to delay her sentencing until after the inauguration: “It would create a gross disparity for Ms. Avery to spend even a day in jail when the man who played a pivotal role in organizing and instigating the events of January 6 will now never face consequences for his role in it.”

Legal arguments aside, they have a point. What moral logic is there to punishing rioters when American voters have decided to grant the instigator of the riot a free pass?

How Donald Trump Won Everywhere

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › donald-trump-covid-election › 680559

In 2022, pollsters and political analysts predicted a red wave in the midterms that didn’t materialize. Last night, polls anticipated a whisker-thin election, and instead we got a red wave that carried Donald Trump to victory.

The breadth of Trump’s improvement over 2020 is astonishing. In the previous two elections, we saw narrow demographic shifts—for example, non-college-educated white people moved toward Trump in 2016, and high-income suburban voters raced toward Biden in 2020. But last night’s election apparently featured a more uniform shift toward Trump, according to a county-by-county analysis shared with me by Thomas Wood, a political scientist at Ohio State University. The “really simple story,” he said, “is that secular dissatisfaction with Biden’s economic stewardship affected most demographic groups in a fairly homogeneous way.”

Trump improved his margins not only in swing states but also in once comfortable Democratic strongholds. In 2020, Biden won New Jersey by 16 points. In 2024, Harris seems poised to win by just five points. Harris ran behind Biden in rural Texas border towns, where many Hispanic people live, and in rural Kentucky, where very few Hispanic people live. She ran behind Biden in high-income suburbs, such as Loudoun County, Virginia, and in counties with college towns, including Dane County (home to the University of Wisconsin) and Centre County (home to Penn State).

Perhaps most surprising, Trump improved his margins in some of America’s largest metro areas. In the past two cycles, Democrats could comfort themselves by counting on urban counties to continue moving left even as rural areas shifted right. That comfort was dashed last night, at least among counties with more than 90 percent of their results reported. In the New York City metro area, New York County (Manhattan) shifted nine points right, Kings County (Brooklyn) shifted 12 points right, Queens County shifted 21 points right, and Bronx County shifted 22 points right. In Florida, Orange County (Orlando) shifted 10 points right and Miami-Dade shifted 19 points right. In Texas, Harris County (Houston) and Bexar County (San Antonio) both shifted eight points right and Dallas County shifted 10 points right. In and around the “Blue Wall” states, Pennsylvania’s Philadelphia County shifted five points right, Michigan’s Wayne County (Detroit) shifted nine points right, and Illinois’ Cook County (Chicago) shifted 11 points right.

[David Frum: Trump won. Now what?]

Other than Atlanta, which moved left, many of the largest U.S. metros moved right even more than many rural areas. You cannot explain this shift by criticizing specific campaign decisions (If only she had named Pennsylvania Governor Josh Shapiro her vice president…). You can’t pin this shift exclusively on, say, Arab Americans in Michigan who voted for Jill Stein, or Russian trolls who called in bomb threats to Georgia.

A better, more comprehensive way to explain the outcome is to conceptualize 2024 as the second pandemic election. Trump’s victory is a reverberation of trends set in motion in 2020. In politics, as in nature, the largest tsunami generated by an earthquake is often not the first wave but the next one.

The pandemic was a health emergency, followed by an economic emergency. Both trends were global. But only the former was widely seen as international and directly caused by the pandemic. Although Americans understood that millions of people were dying in Europe and Asia and South America, they did not have an equally clear sense that supply-chain disruptions, combined with an increase in spending, sent prices surging around the world. As I reported earlier this year, inflation at its peak exceeded 6 percent in France, 7 percent in Canada, 8 percent in Germany, 9 percent in the United Kingdom, 10 percent in Italy, and 20 percent in Argentina, Turkey, and Ethiopia.

Inflation proved as contagious as a coronavirus. Many voters didn’t directly blame their leaders for a biological nemesis that seemed like an act of god, but they did blame their leaders for an economic nemesis that seemed all too human in its origin. And the global rise in prices has created a nightmare for incumbent parties around the world. The ruling parties of several major countries, including the U.K., Germany, and South Africa, suffered historic defeats this year. Even strongmen, such as Indian Prime Minister Narendra Modi, lost ground in an election that many experts assumed would be a rousing coronation.

This has been a year of global anti-incumbency within a century of American anti-incumbency. Since 2000, every midterm and presidential election has seen a change in control of the House, Senate, or White House except for 2004 (when George W. Bush eked out a win) and 2012 (when Barack Obama won reelection while Republicans held the House). The U.S. appears to be in an age of unusually close elections that swing back and forth, in which every sitting president spends the majority of his term with an underwater approval rating.

There will be a rush to blame Kamala Harris—the candidate, her campaign, and her messaging. But there is no escaping the circumstances that Harris herself could never outrun. She is the vice president of a profoundly unpopular president, whose approval was laid low by the same factors—such as inflation and anti-incumbency bias—that have waylaid ruling parties everywhere. An analysis by the political scientist John Sides predicted that a sitting president with Biden’s approval rating should be expected to win no more than 48 percent of the two-party vote. As of Wednesday afternoon, Kamala Harris is currently projected to win about 47.5 percent of the popular vote. Her result does not scream underperformance. In context, it seems more like a normal performance.

[Annie Lowrey: Voters wanted lower prices at any cost]

A national wave of this magnitude should, and likely will, inspire some soul searching among Democrats. Preliminary CNN exit polls show that Trump is poised to be the first GOP candidate to win Hispanic men in at least 50 years; other recent surveys have pointed to a dramatic shift right among young and nonwhite men. One interpretation of this shift is that progressives need to find a cultural message that connects with young men. Perhaps. Another possibility is that Democrats need a fresh way to talk about economic issues that make all Americans, including young men, believe that they are more concerned about a growth agenda that increases prosperity for all.

If there is cold comfort for Democrats, it is this: We are in an age of politics when every victory is Pyrrhic, because to gain office is to become the very thing—the establishment, the incumbent—that a part of your citizenry will inevitably want to replace. Democrats have been temporarily banished to the wilderness by a counterrevolution, but if the trends of the 21st century hold, then the very anti-incumbent mechanisms that brought them defeat this year will eventually bring them back to power.

The Night They Hadn’t Prepared For

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › kamala-harris-election-party-howard › 680553

Photographs by OK McCausland

The vibe shifted sometime around 10:30 p.m. eastern.

For several hours beforehand, the scene at the Howard University Yard had been jubilant: all glitter and sequins and billowing American flags. The earrings were big, and the risers were full. Men in fraternity jackets and women in pink tweed suits grooved to a bass-forward playlist of hip-hop and classic rock. The Howard gospel choir in brilliant-blue robes performed a gorgeous rendition of “Oh Happy Day,” and people sang along in a way that made you feel as if the university’s alumna of the hour, Kamala Harris, had already won.

But Harris had not won—a fact that, by 10:30, had become very noticeable. As the evening drew on, the clusters of giddy sorority sisters and VIP alumni stopped dancing, their focus trained on the projector screens, which were delivering a steady flow of at best mediocre and sometimes dire news for Democrats. No encouragement had yet come from those all-important blue-wall states, Pennsylvania, Michigan, and Wisconsin. Somewhere between Georgia turning red and Senator Ted Cruz demolishing Colin Allred in Texas, attendees started trickling out the back.

It was starting to feel pretty obvious, even then, that Donald Trump would be declared the winner of the 2024 presidential election. And soon after 5:30 a.m. eastern this morning, he was, when the Associated Press called Wisconsin for him, giving him an Electoral College majority even with a number of states yet to declare. An across-the-board rightward shift, from Michigan to Manhattan, had gradually crushed the hopes of Democrats in an election that, for weeks, polling had indicated was virtually tied. But a Trump victory was a reality that nearly everyone at Harris’s watch party seemed to have prepared for only theoretically.

Before last night, Democrats felt buoyant on a closing shot of hopium. While Harris stayed on message, Trump had what seemed a disastrous final week: His closing argument was incoherent; his rally at Madison Square Garden was a parade of racism; he stumbled getting into a garbage truck and looked particularly orange in photos. Democratic insiders crowed that early-vote totals were favoring Harris, and that undecided voters in swing states were coming around. Then there was Ann Selzer’s well-respected poll in Iowa, which suggested that the state might go blue for the first time since Barack Obama’s presidency.

(OK McCausland for The Atlantic)

On a breezy and unseasonably warm evening in Washington, D.C., thousands of people had gathered on the grassy campus at Harris’s alma mater to watch, they hoped, history being made. No one mentioned Trump when I asked them how they were feeling—only how excited they were to have voted for someone like Harris. Kerry-Ann Hamilton and Meka Simmons, both members of the Delta Sigma Theta sorority, had come together to witness the country elect the first Black woman president. “She is so well qualified—” Hamilton started to say. “Overqualified!” Simmons interjected.

Leah Johnson, who works at Howard and grew up in Washington, told me that she would probably leave the event early to watch returns with her mother and 12-year-old daughter at home. “It’s an intergenerational celebratory affair,” she said. “I get to say, ‘Look, Mom, we already have Barack Obama; look what we’re doing now!’”

Everyone I spoke with used similar words and phrases: lots of firsts and historics and references to the glass ceiling, which proved so stubbornly uncrackable in 2016. Attendees cheered in unison at the news that Harris had taken Colorado, and booed at Trump winning Mississippi. A group of women in tight dresses danced to “1, 2 Step” by Ciara and Missy Elliott. Howard’s president led alumni in the crowd in a call-and-response that made the whole evening feel a little like a football game—just fun, low stakes.

Several people I talked with refused to entertain the idea that Harris wouldn’t win. “I won’t even let myself think about that,” a woman named Sharonda, who declined to share her last name, told me. She sat with her sorority sisters in their matching pink-and-green sweatshirts. Soon, though, the crowd began to grow restless. “It was nice when they turned off the TV and played Kendrick,” said one attendee who worked at the White House and didn’t want to share her name. “Just being part of this is restoring my soul, even if the outcome isn’t what I want it to be,” Christine Slaughter, a political-science professor at Boston University, told me. She was cautious. She remembered, viscerally she said, the moment when Trump won in 2016; and the memory was easy to conjure again now. “I know that feeling,” she said. She was consoling herself: She’d been crushed before. She could handle it again.

Harris herself was expected to speak at about 11 p.m., but by midnight, she still hadn’t appeared. People bit their cheeks and scrolled on their phones. There was a burst of gleeful whoops when Angela Alsobrooks beat Larry Hogan in Maryland’s U.S. Senate election. But soon the trickle of exiting attendees became a steady flow. Potentially decisive results from Pennsylvania and Wisconsin were not due soon, but Michigan didn’t look good. North Carolina was about to be called for Trump.

I texted some of my usual Democratic sources and received mostly radio silence in response. “How do you feel?” I asked one, who had been at the party earlier. “Left,” she answered. Mike Murphy, a Republican anti-Trump consultant, texted me back at about 12:30 a.m: “Shoot me.”

Donors and VIPs were streaming out the side entrance. The comedian Billy Eichner walked by, looking sad, as the Sugarhill Gang’s “Apache (Jump On It)” played over the loudspeakers. A man pulled me aside: “There will be no speech, I take it?” he said. It was more of a comment than a question.

(OK McCausland for The Atlantic)

“I’m depressed, disappointed,” said Mark Long, a software salesman from D.C., who wore a T-shirt with a picture of Harris as a child. He was especially upset about the shift toward Trump among Black men. “I’m sad. Not just for tonight, but for what this represents.” Elicia Spearman seemed angry as she marched out of the venue. “If it’s Trump, people will reap what they sow,” she said. “It’s karma.”

Just before 1 a.m., the Harris campaign co-chair Cedric Richmond came onstage to announce that the candidate would not be speaking that night. The former Louisiana representative offered muted encouragement to the crowd—an unofficial send-off. “Thank you for being here. Thank you for believing in the promise of America,” he said, before adding, “Go, Kamala Harris!” The remaining members of the crowd cheered weakly. Some of the stadium lights went off.

The Unique Danger of a Trumpist Oligarchy

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › trumpist-oligarchy-big-tech-takeover-musk-bezos › 680503

On December 14, 2016, President-elect Donald Trump crammed a handful of America’s most recognizable moguls into a conference room on the 25th floor of his Manhattan headquarters. The group included Amazon’s Jeff Bezos, Tesla’s Elon Musk, and Apple’s Tim Cook. Despite having just won the most powerful position on the planet, Trump assumed a sycophantic pose.

“There’s nobody like you in the world!” Trump exclaimed. “In the world!”

He wanted them to know: “I’m here to help you folks do well.”

At that early date, Trump was a somewhat unknown quantity, at least as far as these billionaires were concerned. They couldn’t be sure if he was actually aligned with their interests, given his support of tariffs, hostility toward immigration, and fulminations against globalism. Besides, it was an especially inflamed moment in American politics, and the executives had reason to fear that their workforces, not to mention their customers, might furiously protest an intimate working relationship with Trump. So after the meeting adjourned, Trump’s offer of an alliance was left dangling.

If Trump prevails on November 5, a version of the partnership he hinted at eight years ago will finally emerge, and in a far more robust form than he could have ever imagined at the time. That’s because many of the wealthiest Americans have reached the cold conclusion that the opportunities presented by Trump outweigh whatever social opprobrium might follow an embrace.

There’s a word for this type of cozy arrangement: oligarchy. The term conjures the corrupt illiberal system that governs Vladimir Putin’s Russia. But like fascism or democracy, the concept varies from country to country, a product of its native political culture and sources of wealth.

The Trumpist oligarchy that is taking shape is far different from the post-Soviet strain. What makes it distinct is that Trump is entering into a partnership with the most powerful technologists in the world. But the core problem of oligarchy is the same. The symbiotic relationship between a corrupt leader and a business elite always entails the trading of favors. The regime does the bidding of the billionaires and, in turn, the billionaires do the bidding of the regime. Power grows ever more concentrated as the owners and the corrupt leaders conspire to protect their mutual hold on it. In short order, this arrangement has the potential to deliver a double blow to the American system: It could undermine capitalism and erode democracy all at once.

Perhaps it will soon be possible to look back on the first Trump term with nostalgia. Back in those days, there was rampant corruption, but it was relatively small-time. Jared Kushner and the Trump kids traded on the family name. In the mix were old friends of the president like Tom Barrack, who allegedly attempted to parlay his presidential friendship to win clients in the Middle East. Supplicants usually ingratiated themselves with Trump by buying units in his buildings and hosting events at his resorts. When the Air-Conditioning, Heating, and Refrigeration Institute wanted the administration’s help, it spent more than $700,000 on an event at a Trump golf resort. In a second term, that brand of blatant transactionalism will reappear, and likely get much worse, because it’s now clear that there are no consequences for engaging in it.

[Read: What Elon Musk really wants]

The biggest difference between Trump I and Trump II is that he would return to office at a uniquely perilous moment in the history of American government. Never before has the state been such a lucrative profit center for private business. And not since the Gilded Age has it been so vulnerable to corrupt manipulation.

In part, this is because of a bipartisan shift in ideology. Over the past decade, both political parties have come to embrace what’s called “industrial policy.” That is, to varying degrees, Republicans and Democrats agree that the government should play the role of investment bank, spending billions to subsidize sectors of the economy vital to the national interest—and to protect those domestic firms from foreign competition with tariffs.

At the same time, the federal government has become a massive consumer of technology, in the form of cloud computing and artificial intelligence and rockets, that it can’t efficiently produce itself. From 2019 to 2022, according to a study by Brown University’s Watson Institute for International and Public Affairs, the Pentagon and intelligence community spent at least $53 billion on contracts with Big Technology firms.

All that government spending comes at a time when the bureaucracy that oversees such expenditures is especially precarious. Over the summer, the Supreme Court issued a decision gutting the power of federal agencies. Trump would likely strike another grievous blow against it, extending his power to fire civil servants to purge a tier of experts, lawyers, and clerks hired to be neutral arbiters of the national interest so that he can replace them with his cronies.

Without that accountability, the vast sums the government spends can be more easily funneled to favorite firms; regulation can be more easily manipulated to punish rivals of those firms. Those billionaires with access to the government will have something close to unchallenged control of the economy’s commanding heights.

None of this would exactly resemble Putin’s oligarchy, which largely consists of old chums from the KGB and his childhood friends from St. Petersburg. Russia is an aristocracy of apparatchiks, whose primary goal is to protect ill-gotten wealth amassed during the country’s chaotic transition from communism, a mission that has required brutality and suppression.

But Trump’s and Putin’s oligarchs share one important similarity. The Big Tech billionaires attracted to Trump would hope to protect their monopolies by providing essential services that make them indispensable to the government and the nation. This indispensability will also—so the theory goes—insulate them from antitrust enforcement. It’s far harder to make the case for breaking up a monopoly when that monopoly supplies the Pentagon with communications technologies and runs cloud-computing services for intelligence agencies.

[Read: Jeff Bezos is blaming the victim]

But there’s a distinct twist to the aims of the Big Tech oligarchs: They don’t simply want to insulate themselves from regulators and courts. Ultimately, they want to exploit their relationship with the government in order to supplant it. They want to be the ones who gain control of programs and systems that were once the purview of the state. Their alliance with Trump is, at bottom, a power grab.

Take space exploration. Musk and Bezos don’t just want the government to subsidize their rockets and supply the funds that will further grow their aerospace firms. They want to become the architects of human life in the heavens, to design celestial colonies, to shape the future of space. Then there are the tech billionaires promoting cryptocurrency. They don’t simply want to remove regulatory restraints on the industry. In their vision, their companies will replace the U.S. Treasury. And some of these businesses hope to fend off the regulation of artificial intelligence, so that they can exert more invisible control over the flow of information and commerce.

The central activity of an oligarchical system is the mutual scratching of backs. The head of state helps spread the lucre, but also collects a fee for his services. In Russia and Ukraine, presidents received actual monetary fees in the form of kickbacks. Oligarchs laundered money on their behalf, shifting cash into offshore accounts and buying them ornate villas. In essence, oligarchs serve as errand boys. If they own media, then they use their outlets to subtly make the case for their patron; they hire editors more inclined to spout the party line and to steer coverage in a preferred direction.

It’s hard to imagine transplanting Russian oligarchy to these shores, given the American rule of law and the higher standards of American capitalism. But it’s possible to glimpse how the CEOs have begun to play the game—the way Musk has used X to relentlessly extol Trump, or how Bezos canceled The Washington Post’s endorsement of Harris and hired an alumnus of Rupert Murdoch’s empire to serve as publisher.

Every oligarchical system writes its own informal rules, arriving at its own set of furtive understandings. In contrast to Putin, Trump is aligning with genuinely creative entrepreneurs. Yet that doesn’t make the American model better—just uniquely dangerous. Trump’s transactionalism will be tethered to people driven by greed, but also by messianic fervor, and the result will be like nothing you’ve ever seen.