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Christine Emba at the Washington Post is fast becoming my new favorite opinion writer. She authored this gem about a week ago that I'd missed:

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The world is taking America’s decline seriously. We should too.

https://www.washingtonpost.com/opinions/2022/08/29/bucerius-global-leadership-america-democratic-decline/

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To follow on, this is the reason that I have always rejected the idea that Donald Trump is fundamentally a political problem and that he can only "truly" be dealt with at the ballot box. I think the rest of the world would have taken far more comfort if our institutions had dealt with him directly and not relied on the fickle American electorate to bail them out.

This is why Trump must be prosecuted. Enough is enough. The American electorate has failed to fully hold Trump accountable and insulate our country from his malignant influence and the threat he poses as a legally viable candidate for the office of the President.

This is the reason we rely on certain specific people - elected and unelected - to make important decisions without holding a public referendum on everything. You might call them "elites", but they are in positions of public trust for a reason. Yet ironically, it's the real underlying justification for a principle that Republicans love to parrot in complete ignorance: "we're a republic, not a democracy".

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Get used to it folks - if the GOP regains power, we'll have more to worry about than a single MAGA judge showing more concern for "irreparable harm" to a criminal's reputation than she does for the irreparable harm being done to our national security.

VOTE as if our nation depends on it, because unless and until today's GOP is decimated at the polls, they will not reform. It goes well beyond the MAGA Republicans when you have the majority of mainstream elected Republicans acquiescing with their willful silence.

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With judges like Eileen Cannon on the bench (confirmed to her seat BETWEEN the 2020 election and inauguration, how's that for well-based legitimacy) we're going to see more and more pretzel logic like this special master ruling going forward, especially when in favor to conservatives/MAGAts. The Federalist Society has perverted our justice system and we are kidding ourselves if we believe there aren't more loose Cannons across the Nation willing to likewise pervert the law for political ends.

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Unless I misunderstand things, the appointment of any particular individual as a special master must be agreeable to both sides. If so, I see potential for almost infinite delay. How many people are there with the proper clearances that both Trump and DOJ would accept? Trump's team could stonewall this with the judge's acquiecense indefinitely. Meanwhile, DOJ is prohibited from pursuing its investigations. It appears the judge is running interference for team Trump - and maybe auditioning for the next Republican Supreme Court appointment?

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Sep 7, 2022·edited Sep 7, 2022

At what point is it prudent to delve much deeper into WHY trump took the documents he took? This crap about "they're mine, all mine" is just that - crap.

Also, if some of these documents reside in the most secure locations we have, with armed guards rotated in and out every two hours, and someone always knowing their exact location - why in the world wasn't something done way back 18 months ago? Who did trump have go and get the documents, and who, in particular, might have been advising him on which documents to steal? That will reveal a whole lot more as to the WHY....

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What I have come to realize over the last couple of years is that I no longer even understand what "conservative" means. I always thought I wanted "conservative" judges on the courts. It turns out that conservative really is just code for Bat Shirt Crazy!

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I'm definitely interested in knowing how these documents got to Maralago and the HUGE security gaff that happened in order to allow it. The Secret Service had to be aware of it, right?

It's literally mind blowing that these documents that are normally held so tightly...ended up being in a desk at a resort. There's ZERO good things that could come from this...other than Lessons Learned and never allowing an outgoing POTUS to do this ever again.

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I am just heartsick at this Judges decision. I'm not sure people outside the Substack or Twitter bubble understand the seriousness of all this. The Man is a danger to the US and to our Allies. He is a sick, sick man. I hope that there are some good Republican Judges out there who understand the stakes here. It's time to put aside partisanship and put American first.

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Question: Many people have raised questions about the motivation(s) behind trump’s taking and concealment of the docs, but I have not heard anyone raise questions about how he got the docs.

Yes, I know that he had many boxes stacked outside on January 20 and workers loaded them in a moving van. My question though pertains to how trump managed to know which docs to pull and who to contact to have those docs pulled. There is zero probability that trump himself walked over to wherever docs are stored and checked them out. So someone else assisted him in this; possibly multiple people. In my mind, this seems like a fairly big deal…perhaps a conspiracy.

So Charlie, would you have any information on this?

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I know we're supposed to pretend that who appointed a judge to the federal bench doesn't matter; that judges will fairly and impartially evaluate the evidence and apply the law without fear or favor, yada, yada, yada.

But after a spring and summer of extreme rulings from the Supreme Court and district courts, we can't afford to be that naive. Trump went forum shopping precisely to get this case in front of a judge he appointed on his way out the door, after he lost the election. And she's acting like one of 'his judges' with this ridiculous, baseless ruling.

In Federalist 69, Hamilton made it clear that the Framers envisioned presidents leaving office and returning to private life, subject to exactly the same treatment under law as anyone else. But this Federalist Society appointee acts like she's never read the Federalist Papers in carving out exceptions to the law that apply only to Trump. She didn't even bother with the pretense of objectivity in declaring her intent to appoint a special master before the government had a chance to reply to the original filing. Yesterday, she denied a request to file an amicus brief from a group of former GOP officials because they oppose appointing a special master.

I'm not a lawyer, but I hope someone who is can answer this question: Is it possible for the government to request a change of venue so that this case which involves presidential records is moved to the court required by the Presidential Records Act, the federal district court for DC? That would at least take this case out of the hands of Trump's entourage of federal judges at the district and appellate levels in FL and move it to DC where this case belongs.

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WRT even the commies being upset about someone calling out their gastronomical crimes, allow me to demonstrate the value of having decided back in 2003 (originally over the cost of meat, now because I don't think of fellow sentient beings as food) to drop meat from the menu. At my last annual physical in June, I had an 80 blood sugar, a 155 cholesterol, weight 5 pounds more than when I was an in-shape 18 year old (pants size still the same) and BP of 120/65. PSA of 0.9 (down from the 6.8 that it was 15 years ago when I started getting treatment). My doctor told me I was in great shape for a 50 year old.

I am waaaayyyy beyond 50.

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IF DoJ has sufficient evidence NOW to go to a grand jury for an indictment they should do it quickly. Once the special master has exhausted itself as a delaying tactic Justice can always add charges or seek additional indictments.

First, he must be indicted regardless of the upcoming election because HE IS NOT ON THE BALLOT!

Second, he must be indicted BEFORE he declares his candidacy. Once he declares then any action will be seen as political.

Third, this might precipitate some violence among MAGA supporters but this might be therapeutic like quickly removing a bandage and letting an abscess drain.

It would be better to prosecute and lose than to allow Trump to dictate the terms of his prosecution.

Sunshine provided by the process of a prosecution, even if unsuccessful, might be the best disinfectant.

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I think I've had enough.

Enough mafia style bullshit from Presidents. Enough Federalist Society. Enough judgement, lies, innuendo. Enough Tucker Fucking Carlson. Enough narcissism & childish behavior. Enough of GOP accusing 'the left' of all the shit they do. Enough excuses. Enough enabling. Enough power grabbing & money sucking.

I just want ethical, honest people doing their jobs the way they are supposed to be done. I just want people to treat people with respect. I want us to admire admirable people. I want public figures to be role models to aspire to. I want the whole world to sit back at the end of the day and say 'we did good.'

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Re: the Risible Ruling

I'm a little puzzled as to why Charlie pulled punches on this ridiculous decision and the jurist who authored it, namely: she was a Trump appointee, a mere two years ago. Oh and she's also "coincidentally" been a member of the Federalist society since 2005.

The ruling wasn't merely incompetent, it was clearly corrupt. She's rewarding her master for the appointment and is playing along with Trump's usual tactic in these situations, namely delay, delay, delay.

And I'll confidenly predict what will happen next:

1) DOJ will appeal the decision and seek an immediate injunction on the prohibition relating to using the documents to continue the investigation.

2) Court of Appeal will grant the injunction.

3) SCOTUS will reverse the ruling of the appellate court in a shadow docket decision, giving no reasons. Or in the extraordinary event that they do provide reasons, the reasons will rely on factual fantasies, in the same way as the majority invented facts in the coach prayer decision.

It's self-evident at this point that there is no rule of law in the United States. If you are wealthy or influential, you can literally get away with murder (Trump certainly has a lot of blood on his hands but will never ever be held accountable).

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I have no doubt that Trump was not innocent in bringing these documents to Mar-A-Lago. He has a keen instinct for leverage. I wonder if he has already used his access to these documents for his own personal gain. I can't imagine that these sat unused in boxes, particularly if they were hiding them and moving them around for months. He knew what he had and he was not giving them up. Michael Cohen surmises that there could be originals or copies at Trump's other properties or his kids' houses. I wonder how true this is.

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The pleasure I enjoy from the execrable Sen. Scott’s profligacy in flushing R funds down the toilet almost makes up for Toad Cannon crawling about in the muck to help The Menace to All Mankind threaten our national security. What I don’t understand, or perhaps it has occurred but hasn’t been well reported, is why DOJ hasn’t appealed on the basis that Cannon doesn’t have jurisdiction and that she is damaging national security. Perhaps this Cannon should be sent to the front lines in Ukraine to gain some understanding of national security.

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