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The Loyalists Are Collecting Their Rewards in Trump’s Cabinet

The Atlantic

www.theatlantic.com › newsletters › archive › 2024 › 11 › the-loyalists-are-collecting-their-rewards-in-trumps-cabinet › 680638

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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.

A note from Tom:

As we were about to publish this newsletter, Donald Trump announced that he has asked the Fox News personality Pete Hegseth, a military veteran who has no experience in leading large organizations and no serious background as a senior leader in national-security affairs, to be his secretary of defense. This is exactly the kind of unqualified nomination that I was warning could be looming after this first group of nominees were announced—and it explains why Trump is determined to bypass the U.S. Senate to get some of his nominees confirmed. I will have more to say about Hegseth soon.

So far, the new Trump administration has a chief of staff, a “border czar,” and a national security adviser; all three are White House positions controlled by the president. Donald Trump has also reportedly named six people to senior positions that require Senate confirmation: secretary of state, United Nations ambassador, secretary of homeland security, secretary of defense, CIA director, and administrator of the Environmental Protection Agency. (He has also chosen an ambassador to Israel.) His first picks are neither very surprising nor very impressive, but this is only the beginning.

His co–campaign manager Susie Wiles will make White House history by becoming the first female chief of staff. People around Trump seem relieved at this appointment, but she’ll likely be saddled with Stephen Miller as a deputy, which could get interesting because Miller apparently has a tendency to get out of his lane. (According to a book by the New York Times reporter Michael Bender, Miller attended a tense meeting that included Trump, Attorney General Bill Barr, and General Mark Milley, the chairman of the Joint Chiefs of Staff, during the Black Lives Matter protests in 2020. As the nation’s leaders debated what to do, Miller interjected and said that America’s major cities had been turned into war zones. General Milley, Bender writes, turned to Miller, pointed at him, and said: “Shut the fuck up, Stephen.”)

The rest of the appointments are unsurprising, given the limited pool of Republicans willing to serve in another Trump administration. (Some Trump loyalists such as Senator Tom Cotton have reportedly declined a role in the administration, likely protecting their future for the 2028 GOP race to succeed Trump.) Marco Rubio, who sits on the Foreign Relations and Intelligence Committees in the Senate, was a reasonable choice among the Trump coterie to become America’s top diplomat as secretary of state.

Likewise, Representative Mike Waltz of Florida is a reasonable choice for national security adviser—but again, that’s in the context of the now-smaller universe of national-security conservatives in politics or academia willing to work for Trump at this point. He is a veteran, and like Rubio, he has served on relevant committees in Congress, including Armed Services, Foreign Affairs, and the House Permanent Select Committee on Intelligence. Waltz may be a credible voice on national security, but he was also a 2020 election denier. He pledged to oppose certifying Joe Biden’s 2020 win and signed on to an amicus brief supporting a Texas lawsuit to overturn the election. He changed his mind—but only after the events of January 6.

Representative Elise Stefanik of New York, meanwhile, was bound to be rewarded for her loyalty. Although Vice President–elect J. D. Vance took the gold in the race to replace the disowned Mike Pence, Stefanik was a comer even by the standards of the sycophantic circle around Trump, and so she’ll head to the United Nations, a low-priority post for Trump and a GOP that has little use for the institution. A former member of Congress from New York, Lee Zeldin (who was defeated in the 2022 New York governor’s race) will head up the EPA, another institution hated by MAGA Republicans, thus making Zeldin’s weak—or strong, depending on your view—legislative record on environmental issues a good fit for this administration.

This afternoon, Trump announced that John Ratcliffe will serve as CIA director. Ratcliffe previously served as director of national intelligence and will now be in a post that is functionally subordinate to his old job. Ratcliffe is a reliable partisan but an unreliable intelligence chief. The most baffling move Trump has made so far is the appointment of South Dakota Governor Kristi Noem to lead the Department of Homeland Security. Noem served four terms in Congress and is in her second as governor. She has very little relevant experience, especially as a government executive. (South Dakota might be a big place, but it’s a small state; DHS has more than 260,000 employees, making it a bit more than a quarter the size of the entire population of Noem’s home state.) DHS is a giant glob of a department—one I have long argued should never have existed in the first place and should be abolished—that has seeped across the jurisdictional lines of multiple institutions and, unlike some other Cabinet posts, requires someone with serious leadership chops.

DHS will also be central to some of Trump’s most abominable plans regarding undocumented immigrants—and, potentially, against others the president-elect views as “enemies from within.” (The “border czar” Trump has named, Tom Homan, once falsely implied that some California wildfires were worsened by an undocumented immigrant.) In that light, Noem is perfect: She is inexperienced but loyal, a political lightweight with no independent base of support or particularly long experience in Washington, and she can be counted on to do what she’s told. She will be no John Kelly or Kirstjen Nielsen, her confirmed predecessors at DHS, both of whom were on occasion willing to speak up, even if ineffectively.

This first passel of nominees should gain Senate confirmation easily, especially Rubio. (Sitting members of the chamber usually have an easier time, as do people who have close associations with the Senate.) And given Trump’s history and proclivity for mercurial and humiliating firings, few of them are likely to be very long in their post, and are probably better than the people who will later replace them.

But that in itself raises a troubling question. If Trump intends to nominate these kinds of fellow Republicans, why is he insistent that the new Senate allow him to make recess appointments?

For those of you who do not follow the arcana of American government, Article II of the Constitution includes a provision by which the president can make appointments on his own if the Senate is in recess and therefore unable to meet. The Founders didn’t think this was a controversial provision; sometimes, presidents need to keep the government running (by choosing, say, an ambassador) even when the Senate might not be around—a real problem in the days when convening the Senate could take weeks of travel. Such appointments last until the end of the next legislative session.

For obvious reasons, the Senate itself was never a big fan of a device—one that presidents routinely used—that circumvents constitutional authority to confirm executive appointments, especially once the practice got out of hand. (Bill Clinton made 139 recess appointments, George W. Bush made 171, and Barack Obama made 32.) The Senate’s response was basically to be wilier about not declaring itself in recess even when there’s no one around, and when President Obama tried to push through some of these appointments in 2012, the Supreme Court sided with the Senate.

Now Trump wants to bring back the practice. The obvious inference to draw here is that after some fairly uncontroversial nominations, he intends to nominate people who couldn’t be confirmed even in a supine and obedient Republican Senate. Perhaps this is too clever, but I am concerned that this first pass is a head fake, in which Trump nominates people he knows are controversial (such as Zeldin) but who are still confirmable, and then sends far worse candidates forward for even more important posts. Kash Patel—a man who is dangerous precisely because his only interest is serving Trump, as my colleague Elaina Plott Calabro has reported—keeps bubbling up for various intelligence posts.

“Ambassador Elise Stefanik” and “EPA Administrator Lee Zeldin” might not be great ideas, but they are not immediate threats to U.S. national security or American democracy. “CIA Director John Ratcliffe,” by contrast, is cause for serious concern. If Trump is serious about his authoritarian plans—the ones he announced at every campaign stop—then he’ll need the rest of the intelligence community, the Justice Department, and the Defense Department all under firm control.

Those are the next nominations to watch.

Related:

Trump signals that he’s serious about mass deportation. Stephen Miller is Trump’s right-hand troll. (From 2018)

Here are three new stories from The Atlantic:

The HR-ification of the Democratic Party Anne Applebaum: Putin isn’t fighting for land in Ukraine. Genetic discrimination is coming for us all.

Today’s News

The judge in Trump’s hush-money criminal case delayed his decision on whether Trump’s conviction on 34 felonies should be overturned after his reelection. A federal judge temporarily blocked a new Louisiana law that would have required the display of the Ten Commandments in all public classrooms, calling the legislation “unconstitutional on its face.” Louisiana’s attorney general said that she will appeal the ruling. The Archbishop of Canterbury announced his resignation. An independent review found that he failed to sufficiently report the late barrister John Smyth, who ran Christian summer camps and abused more than 100 boys and young men, according to the review.

Evening Read

Illustration by Mark Pernice

AI Can Save Humanity—Or End It

By Henry A. Kissinger, Eric Schmidt and Craig Mundie

The world’s strongest nation might no longer be the one with the most Albert Einsteins and J. Robert Oppenheimers. Instead, the world’s strongest nations will be those that can bring AI to its fullest potential.

But with that potential comes tremendous danger. No existing innovation can come close to what AI might soon achieve: intelligence that is greater than that of any human on the planet. Might the last polymathic invention—namely computing, which amplified the power of the human mind in a way fundamentally different from any previous machine—be remembered for replacing its own inventors?

Read the full article.

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Watch. These 13 feel-good TV shows are perfect to watch as the weather gets colder.

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Play our daily crossword.

Stephanie Bai contributed to this newsletter.

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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?

This Is a Test

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 11 › election-democracy-trump-january-6 › 680527

This is an election about elections.

One of the two leading candidates in the race, Donald Trump, has not only demonstrated a long-running skepticism of rule of law; he is also the only president in American history to attempt to remain in office after losing an election. This election is a test: Can the American public resoundingly reject a man who has not merely been a chaotic extremist but has also attacked the American system of republican government itself?

Less than four years ago, this question would have seemed preposterous—not because Trump’s antidemocratic impulses were any secret, but because they seemed to have ended his career. Trump summoned supporters to Washington, D.C., on January 6, 2021, the day that Congress was set to certify the election’s results. Then he instigated an assault on the Capitol, during which insurrectionists waged hand-to-hand combat against law-enforcement officers and sacked the seat of American democracy. They hunted for Speaker Nancy Pelosi and talked of hanging Vice President Mike Pence. Trump sat by for hours, watching the chaos on television and refusing to intervene.

As the nation learned in the days and weeks after, the violence was only the climax of a long-running effort to steal the election. Even though Trump’s advisers understood that he had lost the election, he attempted a paperwork coup, pressuring state election officials to “find” votes and conjuring fake slates of electors to submit to Congress.

[David A. Graham: Trump isn’t merely unhinged]

By January 7, it seemed like it was all over for Trump. Even Senator Mitch McConnell, one of the canniest operators in American politics, thought so. “I feel exhilarated by the fact that this fellow finally, totally discredited himself,” he told a reporter. Polls backed that up: Americans were intensely repulsed by the riot, and they blamed Trump. He was banished from social-media platforms and, it appeared, public life.

I warned on January 7 that the horror of the previous day would be whitewashed, but I had no idea how successful the effort would be. The road to impunity began with McConnell and his House counterpart, Kevin McCarthy, who had also fiercely criticized Trump. McCarthy traveled to Mar-a-Lago to make amends. McConnell, hoping that voters would do the work of banishing Trump without him having to take any personal risks, flinched from an impeachment conviction that could have barred Trump from running. For other Republicans, espousing election denial became a litmus test.

President Joe Biden’s new attorney general, Merrick Garland, was determined not to appear too political, and the Justice Department was painfully slow to bring charges against Trump in connection with his election subversion; to this day, he has not been tried, and if he wins the election, he probably never will be.

[David A. Graham: The paperwork coup]

Trump exploited all of these failures to plot his comeback. Richard Nixon was forced to resign for offenses that paled in comparison with Trump’s. Even so, as Elizabeth Drew wrote in The Atlantic, Nixon devised a secret yearslong plan to restore himself to semi-respectability. Trump, by contrast, has shown no remorse, has not gone away, and stands a good chance of becoming president once again. He’s done so while embracing January 6. What he once insisted was a false flag by leftist agitators he now celebrates as patriotic and justified.

So now the matter is before voters, every other safeguard having failed. Trump has abandoned none of his election denial. He has refused to acknowledge that Biden is the rightful president, despite Biden having won a resounding victory. Trump has discredited Americans’ faith in their own democracy, with consequences that will last for generations. He’s spent the past few weeks seeding doubt about another American election, even though he might win it.

Democracy is a tough idea to get one’s arms around. It’s abstract, and until recently, it felt so deeply embedded in life in this country that, despite its failures, it could be treated as a given. When voters decide whom to support, they understandably sometimes focus on the more urgent questions directly in front of them—matters such as their standard of living, their rights, and their social structures. But the essence of the American system is not which path we take on these issues, but the procedures by which we decide. That fundamental idea is being put to the test today.

Trump’s ‘Secretary of Retribution’

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › trump-secretary-of-retribution-ivan-raiklin › 680494

In June, Ivan Raiklin, a retired Green Beret and pro–Donald Trump activist, sat down for a chat with Cliven Bundy, a Nevada cattle rancher who instigated an armed standoff with federal authorities in 2014 over his refusal to pay grazing fees.

In the video—posted on the America Happens Network, which has aired documentaries such as Bundy vs. Deep State and the series Conspiracy Truths—Raiklin explained that tens of thousands of service members had refused to comply with a Defense Department mandate that all personnel receive a vaccine for COVID-19, because they did not want to be “experimented on with an unsafe and ineffective, what I call ‘DNA-mutilation injection.’” He told Bundy that the “illegal” mandate, since rescinded, was to blame for the “total destruction of our constitutional order.”

“There must be consequences,” Raiklin said, for the “unlawful, immoral, unethical, illegal” vaccination program, which he also asserted, with no evidence, “ended up killing lots of people.” In fact, tens of thousands of service members did refuse the vaccine, and about 8,000 were discharged for failing to comply with the policy. But Raiklin speculated that as many as 1 million more still in uniform might “want to participate in retribution” against Pentagon leadership. (Depending on where in the world they serve, military personnel are required to receive about a dozen other vaccinations, including for polio, influenza, and typhoid.)

Retribution is Raiklin’s watchword these days. He calls himself Trump’s “secretary of retribution,” settling scores from the first term and ready to do the same in a potential second. His battles aren’t only with military leaders. After Trump lost the presidency in 2020, Raiklin suggested that Vice President Mike Pence could reject electors from the states that Joe Biden had won, on the grounds that they might be fraudulent. Those ideas were later taken up by John Eastman, a lawyer who has been indicted in Arizona for his alleged efforts to overturn the 2020 election results there. (He has pleaded not guilty.) Raiklin may be one of the intellectual founders of Trump’s election denialism.

[From the January/February 2024 issue: If Trump wins]

More recently, Raiklin, who left the Army Reserve in 2022 at the rank of lieutenant colonel, according to an Army spokesperson, has promoted the potentially illegal idea that state legislatures could withhold their electors in the event that Trump loses. He has shown up in swing states, including North Carolina, where he pushed for lawmakers to award the electors to Trump ahead of time, on the theory that Hurricane Helene had disrupted the casting of ballots in the state.

Raiklin’s ideas for ensuring a Trump victory dovetail with the plans he has hinted at for exacting retributive justice on government officials. In his conversation with Bundy, Raiklin said that he would like to “coordinate” with those members of the armed forces supposedly still aggrieved over mandatory vaccinations, “to channel those skills, training, passion, in a positive way, to kind of autocorrect the lawlessness and to create consequences for those who created that lawlessness.”

Raiklin did not explicitly call for violence, even though he praised Bundy as “quite the legend” for his aggressive opposition to federal authority. Rather, he said he wanted “appropriate lawful justice”—but archly suggested that this should come from outside the court system. Raiklin chooses his words carefully, even when they are freighted with menace. Bundy asked how the ex-soldier would treat the federal prosecutors in his own case, and Raiklin replied calmly, “I would conduct the most peaceful and patriotic legal and moral and ethical actions that they’ve ever experienced in their life.”

A New York native with a degree from the Touro Law Center, in Central Islip, Raiklin describes himself as a constitutional lawyer. He served as an intelligence officer in the National Guard in several states as well as in the regular Army, deploying to Jordan and Afghanistan. Among his numerous commendations and awards is the Bronze Star Medal, given for meritorious service or acts of valor in a combat zone.  

He has suggested that military personnel could be “deputized by sheriffs,” as he told Bundy in their conversation. This idea is rooted in the fringe theory that local sheriffs possess law-enforcement authority superseding that of any elected official or officer, at any level of government. Proponents of the so-called constitutional sheriffs’ movement urged sheriffs to investigate disproven claims of election fraud in 2020 and to get involved this year in election administration.

Bundy seemed a bit daunted by the scale of resistance that Raiklin described to him. The federal bureaucracy is “so broad,” he said, that it’s practically immovable. Raiklin reassured him: “That’s where people like me come into play, that know the system very well and in detail, to create priorities. You start with the top, and you work your way through the system.”   

To guide that work, Raiklin has created a “deep-state target list,” with the names of more than 300 current and former government officials, members of Congress, journalists, and others who he thinks deserve some of that “lawful justice.” The names of some of their family members are also included.

The list, which is helpfully color-coded, reads like a greatest hits of all the supposedly corrupt plotters who Trump and his supporters allege have targeted them. Among others, it includes FBI officials who worked on the investigation into potential links between Trump’s 2016 presidential campaign and Russia; lawmakers and congressional staff who managed both Trump impeachments; members of the Capitol Police who defended Congress from pro-Trump rioters on January 6, 2021; witnesses who later testified to Congress about the attack; and the senior public-health officials who led the federal government’s response to the coronavirus pandemic. As if to demonstrate that even the closest of Trump’s allies can still be in league with the forces of government treachery, the former president’s son-in-law, Jared Kushner, who helped speed development of the COVID vaccine as a member of Operation Warp Speed, also made Raiklin’s list.

Several former intelligence officials Raiklin has singled out told me they are well acquainted with his threats. They presume that if Trump is reelected, the Justice Department, the IRS, and other federal agencies will conduct capricious audits and frivolous investigations, all designed, if not to put them in prison, then to spend large sums of money on legal fees. A few told me they worried that Raiklin would publish their addresses or details about their families. They were less concerned about him showing up at their home than about some unhinged deep-state hunter he might inspire. In interviews with right-wing podcasters, Raiklin has said he would conduct “livestreamed swatting raids” against his targets. Swatting is the illegal practice of falsely reporting an emergency in order to summon armed law enforcement to someone’s home.

Raiklin’s future in a Trump administration is uncertain. But he is close to major figures in Trump’s orbit, particularly Michael Flynn, the former national security adviser who was indicted for lying to the FBI. Trump pardoned him in November 2020.

Raikiln is also a board member of America’s Future, a nonprofit organization that has pursued conservative causes for decades, of which Flynn is the chair. Other board members have amplified the “Pizzagate” conspiracy theory—promoted by the QAnon movement, of which Flynn is an ally—that some Democratic politicians kidnap, torture, and eat children.

Like Raiklin, Flynn has long railed against suspected deep-state actors, whom he has accused of torpedoing his career in intelligence. Flynn was regarded as a brilliant tactical intelligence officer when he served in Afghanistan and Iraq. But after he became the director of the Defense Intelligence Agency, senior intelligence officials worried that his erratic management style and conspiratorial attitudes made him unfit for the job. Top intelligence officials pushed Flynn out in 2014, after an unhappy and sometimes-tumultuous two-year tenure. James Clapper, who was the director of national intelligence at the time, is on Raiklin’s list.

A few years later, Trump named Flynn to be his national security adviser, a position he held for just 24 days. Flynn resigned in February 2017, following revelations that he’d had contact with Russia’s ambassador to the United States and given misleading statements to senior administration officials.

A Trump-campaign official told me that Raiklin has “no role or affiliation with the campaign.” Raiklin seems to like to suggest a relationship by promoting his physical proximity to Trump. In a post on X, he shared a photo of himself standing feet from Trump while he spoke from the lectern at an unidentified rally. Also standing nearby was Kash Patel, a fierce Trump loyalist said to be on a shortlist for a senior national-security position in a second Trump administration, possibly director of the CIA.

[From the October 2024 issue: The man who will do anything for Trump]

Raiklin is not shy about his aspirations. I sent him an email, requesting an interview about his deep-state list. Rather than reply, he posted a screenshot of my message on X and said he would “much rather discuss” the subject, as well as the direct appointment of electors through state legislatures, “with Americans operating in good faith.” He suggested a number of conservative podcasters he thought fit the bill.

Raiklin invited me to post my questions on X, “in the interest of public transparency and exposure and [to] show the world you are operating in good faith.” So I did.  

“What is the purpose of this list?” I asked. “Why did you select these people? Do you intend to do anything to the people on this list?”

Raiklin replied with links to videos of interviews he had already done with conservative media figures, including the former television star Roseanne Barr. On her show, Raiklin explained that although the deep state went by many other names—“permanent Washington,” “the Uniparty,” “the duopoly”—“I just simply call them war-criminal scum.”

“I happen to be the guy that said, You know what? I’ve had enough,” he said. “Let me expose them by name, date, place, transgression, category. And let’s start educating the country on who they are, so that they’re not able to walk anywhere, whether it’s in the digital space or physical space, without them feeling the, let’s just say, wrath of their neighbors, friends, relatives, family.”

Barr then sang to Raiklin lyrics from “The Ballad of the Green Berets,” to his obvious delight.

It’s hard to know whether Raiklin is a true believer—and potentially dangerous—or just a profiteering troll. His unwillingness to respond to direct questions from a journalist suggests the latter.

After I pressed Raiklin to answer me, rather than post interviews he’d done with friendly hosts inclined to agree with him, he invited me to direct further questions through Minnect, an app that lets you solicit advice from self-professed experts. According to his Minnect profile, Raiklin’s current rate for answering a question via text is $50. For $100, he’ll provide a recorded video response. A video call, “for the most personalized advice,” will run you $20 a minute, with a 15-minute minimum.

“Are you asking me to book you for a fee?” I wrote in his X thread. I wanted to be sure I correctly understood Raiklin’s proposal. He replied, “And 50% of the revenue created from the article you write. Send the contract to [his email] for my team to review.”

I declined.

A few days later, he was back to campaign work, exhorting state officials to intervene in the presidential election.

“Republican State Legislatures just need to hand their States’ electors to Trump, just like the Democrat elites handed the primary ‘win’ to Kamala Harris,” he wrote Wednesday on X, adding, “276 electors on Nov 5 ... CheckMate! Then we can Castrate the Deep State and Crush the Commies immediately on January 20, 2025.”