Trump Got Away With It — Because of the Biden Administration’s Massive Missteps

“It is now clearer than ever that Garland was a highly questionable choice to serve as attorney general from the start. From the outset of the Biden presidency, it was readily apparent that Garland had little desire to investigate and potentially prosecute Trump.
The most comprehensive accounts on the matter, from investigative reporting at The Washington Post and The New York Times, strongly indicate that the Jan. 6 committee’s investigation and public hearings in 2022 effectively forced Garland to investigate Trump and eventually to appoint Smith in November of that year — nearly two years after Trump incited the riot at the Capitol.

There are many people — including many Democratic legal pundits — who have continued to defend this delay and may continue to do so, so let me be very clear: Those people are wrong.

It was clear after Trump’s loss in 2020 — even before Jan. 6 — that his conduct warranted serious legal scrutiny by the Justice Department, particularly in the area of potential financial crimes. But that probe, which could and should have been pursued by Biden’s U.S. Attorney and aspiring attorney general in Manhattan, somehow never materialized.

It was also clear — on Jan. 6 itself — that Trump may have committed criminal misconduct after his loss in 2020 that required immediate and serious attention from the Justice Department.

The formation of the Jan. 6 committee in early 2021 did nothing to change the calculus. There too, it was clear from the start that there would still need to be a criminal investigation to deliver any meaningful legal accountability for Trump.

In fact, the warning signs for where this could all end up — where the country finds itself now — were clear by late 2021, less than a year into Biden’s term. The public reporting at the time indicated (correctly, we now know) that there was no real Justice Department investigation into Trump and his inner circle at that point, even though the outlines of a criminal case against Trump — including some of the charges themselves that were eventually brought nearly two years later — were already apparent.

As a result, the Biden administration and the Garland Justice Department were running an extremely obvious risk — namely, that Trump would run for reelection and win, and that any meaningful criminal accountability for his misconduct after 2020 would literally become impossible. That, of course, has now happened. It was all eminently predictable.

Garland’s defenders over the years — including many Democratic lawyers who regularly appear on cable news — claimed that Garland and the department were simply following a standard, “bottom-up” investigative effort. Prosecutors would start with the rioters, on this theory, and then eventually get to Trump.

This never made any sense.

It did not reflect some unwritten playbook for criminal investigations. In fact, in criminal cases involving large and potentially overlapping groups of participants — as well as serious time sensitivity — good prosecutors try to get to the top as quickly as possible.

The Justice Department can — and should — have quickly pursued the rioters and Trump in parallel. The fact that many legal pundits actually defended this gross dereliction of duty — and actually argued that this was the appropriate course — continues to amaze me.”

…

“None of this, however, excuses the Republican political and legal class for their role in all this as well. In fact, Trump could not have pulled it off without a great deal of help from them too.

Start with Mitch McConnell and Senate Republicans in 2021. They could — and should — have voted to convict Trump after his second impeachment, which would have prevented him from running again for the presidency. Instead, McConnell and almost every other GOP senator let him off the hook.

Trump then proceeded to execute perhaps the most remarkable political rehabilitation in American history, but which should not have been nearly such a surprise. He never seemed to lose his grip on the party and in fact strengthened it over the course of 2021, as the likes of Kevin McCarthy and others quickly rallied around him.

The Republican presidential primaries also proved, in the end, to be a boon for Trump in his legal fight. By the time they concluded, Trump had been indicted by the Justice Department and local prosecutors in Manhattan and Fulton County. Under the traditional rules of politics, this should have provided incredible fodder for his adversaries and essentially killed his campaign.

Instead, his most prominent primary opponents — his opponents — came to his defense. As the prosecution in Manhattan came into focus, for instance, Florida Gov. Ron DeSantis belittled the effort as “some manufactured circus by some Soros-DA.” Nikki Haley and Vivek Ramaswamy both said that they would pardon Trump if elected.

It was no surprise, then, that Republican primary voters rallied around Trump. Perhaps it was inevitable, but it was certainly made easier by the fact that Trump’s supposed adversaries were all endorsing his legal defense as well as his false claims about the prosecutions themselves.

Last but most certainly not least: The Republican appointees on the Supreme Court bailed Trump out this year — in the heart of the general election campaign and when it mattered most.”

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“The six Republican appointees — three of whom, of course, were appointed by Trump himself — sided with Trump on both counts.

They first slow-walked Trump’s appeal on immunity grounds this year and then created a new doctrine of criminal immunity for Trump that had no real basis in the law — effectively foreclosing the possibility of a trial before Election Day. It was a gross distortion of the law in apparent service of the Republican appointees’ partisan political objectives.”

https://www.politico.com/news/magazine/2024/11/07/trump-legal-failures-blame-column-00187945

Trump picks Devin Nunes to lead Intelligence Advisory Board

“Nunes previously served as a Republican lawmaker from California and was chair of the House Intelligence Committee.

“Devin will draw on his experience … and his key role in exposing the Russia, Russia, Russia Hoax, to provide me with independent assessments of the effectiveness and propriety of the U.S. Intelligence Community’s activities,” Trump said Saturday in a Truth Social post.
The board “has access to all information necessary to perform its functions,” according to the Office of the Director of National Intelligence, as well as direct access to the president.

Nunes has led Trump Media since late 2021. His selection to lead the Intelligence Advisory Board further ties the company to the incoming Trump administration. Linda McMahon, Trump’s pick to lead the Education Department, and Kash Patel, who has been tapped to become FBI director, both sit on Trump Media’s board alongside the president-elect’s son, Donald Trump Jr.”

https://www.politico.com/news/2024/12/14/trump-nunes-intelligence-advisory-board-00194388

You Should Worry About Kash Patel Running the FBI

“Trump’s decision to nominate Patel has proven particularly controversial, since his principal qualification appears to be his sycophancy toward Trump. (A Trump transition spokesperson said, “Kash Patel has served in key national security positions throughout the government. He is beyond qualified to lead the FBI and will make a fantastic director.”)
Many observers, including former federal law enforcement officials, oppose Patel’s nomination on the grounds that he would likely use the FBI to pursue Trump’s political opponents and that he might substantially corrupt the culture and professionalism of the bureau. To some, Patel calls to mind the specter of J. Edgar Hoover, the infamous FBI director whose nearly 50-year stint running the agency until 1972 was marked by egregious abuses of power — including illegal surveillance, blackmail and the harassment of political dissidents.

Patel clearly lacks the qualifications, experience and temperament to lead the agency. But how worried should the American public really be about him at the helm of the FBI?

The truth is that there are stronger internal and external safeguards in place against law enforcement abuses than during the Hoover era. He will indeed face some constraints because of the culture and bureaucracy of the FBI. But they may not contain him. And he will have plenty of opportunity to damage the bureau and its work — and to use and abuse the FBI for political ends. His nomination poses a considerable and unjustifiable risk to the country.”

https://www.politico.com/news/magazine/2024/12/14/kash-patel-fbi-contraints-column-00194285

How the debt could topple Trump’s growth agenda

“Jeff Bezos, Larry Fink and Donald Trump’s Treasury pick Scott Bessent all agree: Turbocharging economic growth is the best route to reining in the U.S.’s massive $36 trillion debt. History is not on their side.
Bessent warns that this is the “last chance” for the country to grow its way out of the record debt without becoming a “European-style socialist democracy.” Fink, who heads the world’s largest asset manager BlackRock, urged the incoming administration in an Election Day op-ed to promote artificial intelligence and infrastructure investments to grow the economy and tame the deficit. And Amazon founder Bezos told economic power brokers at the DealBook Summit this month that the only way to solve the problem is to expand the economy by 3 to 5 percent a year while simultaneously trimming annual deficits.”

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“That’s a tall order that few modern presidents have managed to achieve for any sustained period. Bill Clinton famously generated budget surpluses while the economy soared at rates of more than 4 percent in the late 1990s. Ronald Reagan brought down deficits in 1984 and 1987 but otherwise ran up the red ink. And Trump himself will face even more significant challenges if he follows through on tax and tariff pledges that budget forecasters say could add $4.1 trillion to $15.6 trillion to the debt over the next decade.

Trump promised during the campaign that a combination of lower taxes, more energy production, looser regulations and punishing tariffs would generate “explosive” growth to pay down the debt. And government budgets would shrink by “trillions,” he said, with Elon Musk and Vivek Ramaswamy tasked with tackling government waste.

But Trump has also vowed that he won’t touch entitlement programs like Social Security and Medicare, which are by far the chief drivers of the debt and are projected to be insolvent by the mid-2030s. Imposing tariffs on imports could trigger reprisals that would harm growth, and even if they didn’t, many economists believe it would take a historic economic boom to meaningfully address the country’s fiscal challenges.

“You can’t improve this with growth,” said Tom Porcelli, the chief U.S. economist at PGIM Fixed Income. “You’d have to have 5 percent growth for a pretty decent amount of time to have any real notable impact.””

…

” Fiscal watchdogs and credit-rating agencies have been clanging alarms for years about the U.S.’s growing debt, which is the accumulation of annual budget deficits. Rising deficits — which can be inflationary and push up interest rates — could become more acute as the population ages and spending for mandatory entitlement programs climbs. Even steep cuts to discretionary federal programs wouldn’t make a meaningful dent in the debt without extensive structural reforms.”

https://www.politico.com/news/2024/12/16/trump-ceos-american-debt-plan-00194362

Elon Musk assures voters that Trump’s victory would deliver “temporary hardship”

“Were Trump to implement Musk’s vision while simultaneously honoring his promise to avoid cutting entitlements and the GOP’s commitment to avoiding defense spending cuts, then he would need to slash all other government programs by 80 percent. That would involve gutting all social services for low-income Americans, food inspections, air safety, health insurance subsidies, and infrastructure investments, among countless other things.
This would abruptly and massively reduce demand in the US economy, potentially triggering a recession.

There is little reason to expect such severe and haphazard spending cuts to benefit the economy in the long term. After all, government investments in education and infrastructure often increase the economy’s growth potential — slashing funding for such programs could impair America’s economic performance in the coming decades.”

https://www.vox.com/politics/381637/elon-musk-donald-trump-2024-election-temporary-hardship

One striking pattern hidden in the election results

“Kamala Harris lost the presidential election and Democrats lost control of the Senate.
But when you zoom in on the details of that result, there’s a striking pattern: Democratic Senate candidates are outperforming Harris. Or, put another way, Republican Senate candidates are doing worse than Trump.

In recent years, the outcome of a state’s US Senate race has increasingly matched the outcome of its simultaneous presidential race. Ticket-splitting has decreased in our era of polarization and partisanship. The vast majority of people voting for a presidential candidate also vote for their party’s Senate candidate.

But not everyone does that. And there’s still some variation in how much better or worse Senate candidates do compared to the top of the ticket. Looking at that variation can provide clues about what sorts of candidates overperform (even if they don’t actually win).”

…

“Some might argue for racism or sexism explaining Harris’s struggles, but I’d note that several of the Democratic candidates who overperformed Harris were nonwhite or female. Others might argue that she was a uniquely flawed candidate or campaigner, but President Joe Biden was on track to do much worse if he’d stayed in the race.

My suspicion is that Harris’s electoral struggles were more about Biden’s unpopularity and her association with his administration than any newfound love of the American public for the Republican Party generally.”

…

“Call them the “I don’t like Republicans much, but the economy was better under Trump” voters. Biden lost them, and Harris failed to get them back.”

https://www.vox.com/2024-elections/383197/kamala-harris-results-underperformed-democratic-senate-candidates

Opinion | Chris Wray’s Resignation Is a Terrifying Sign of What’s to Come Under Trump

“Wray’s decision undermined decades of hard work — by Congress, presidents, the Justice Department and the FBI itself — to move it out of a partisan, political framework. The FBI’s highest guiding principle is supposed to be the rule of law — and federal law is clear: The FBI director serves a 10-year-term, a length meant to isolate the role from political winds. Similarly, in federal law, there is a mechanism for removing an FBI director who errs — they can be fired, but only for cause. The role is not meant to be like the CIA director, attorney general or Defense secretary and turn over at noon on Jan. 20 for a new administration; it is, in fact, explicitly designed to NOT do so. Ronald Reagan spent almost all of his presidency with Jimmy Carter’s FBI director; George W. Bush inherited Bill Clinton’s FBI director; Barack Obama, in turn, inherited Bush’s, and Joe Biden will have spent his entire presidency with Wray, Trump’s choice to head the bureau.
Those safeguards and traditions exist because the FBI, in the wrong hands, is incredibly dangerous to American democracy.

The FBI is the most powerful, best resourced, and far-reaching law enforcement agency, not just in the United States, but anywhere in the world. Nothing compares to the sweeping breadth of its investigative powers; the intelligence and information it collects, wittingly and unwittingly, on all manner of Americans, powerful and not, guilty and innocent alike; and the resources and technologies it can bring to bear against anyone in its investigative sights. Even its routine investigations can paralyze and bankrupt businesses, upend lives, careers and families, and destroy reputations — and even do so when it doesn’t bring federal charges at the end. Under J. Edgar Hoover’s half-century reign, he deployed those resources to ruin the lives of civil rights activists and antiwar protesters, harass literary figures such as James Baldwin, blackmail gay people and persecute anyone he didn’t feel was sufficiently patriotic. We’ve spent a half-century as a nation trying to make sure that never happens again — and now Trump is explicitly saying he wants to restart that darkest chapter of the FBI’s history.”

…

“let’s be clear about what’s happening here: The only reason Trump wants to change FBI directors is he doesn’t think he can boss, bend and break Wray to his will sufficiently, that Wray would not be personally loyal to him in the way that he has wanted his FBI directors to be — and which, institutionally, they’re explicitly not supposed to be. Every single part of that is a dire warning sign about what’s to come under Trump II and what he and Patel intend to do with the bureau.

Wray had an opportunity to make that a fight — to force Trump to bear the political cost of firing him on invented pretexts, to force the president to be the one who destroyed that guardrail rather than Wray himself. And, instead of upholding that oath to the Constitution, the rule of law and duty to protect the bureau from outside influence, Wray just … capitulated.”

https://www.politico.com/news/magazine/2024/12/12/chris-wrays-abdication-of-leadership-00194002

Pete Hegseth, Trump’s Defense pick, says allowing gay troops to serve openly reflects a Marxist agenda

“Pete Hegseth, President-elect Donald Trump’s pick for secretary of defense, has repeatedly criticized policies allowing gay people to serve openly in the US military, calling them part of a “Marxist” agenda to prioritize social justice over combat readiness.”

…

“Hegseth in his book does not reference any specific examples of incidents to support his argument that gay individuals openly serving has been detrimental to the military.”

https://www.yahoo.com/news/pete-hegseth-trump-defense-pick-110043976.html

Trump says he wants to influence interest rates. Can he?

“Trump can’t influence the Federal Reserve much — for right now.
When it comes to interest rates, which are basically how much it costs to borrow money, Trump can complain they are too high (or too low) like any other American, but the Fed’s leaders are the only government officials with the power to adjust those rates. The Fed has lowered interest rates this year as inflation has declined, but it kept rates fairly high for the last few years, in part to fight pandemic-era inflation. Even with the lower rates, however, many Americans are still finding it too expensive to borrow money so they can make big purchases like a home.

Forcing or pressuring the Fed to lower interest rates won’t necessarily fix high borrowing costs for Americans; the interest rates set by the Fed are actually short-term costs that banks pay to each other to borrow money. The Fed’s decisions influence the cost of borrowing, but there are a lot of other factors that go into consumer credit.”

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“Trump might try to meddle in the Fed’s affairs is by trying to fire Federal Reserve Chair Jerome Powell. Trump appointed Powell, but was highly critical of Powell’s decision-making during his first term, and reportedly looked into whether he could fire the Fed chair.

Powell has said he will serve through the rest of his term, which doesn’t end until 2026, but has declined to say whether he would stay on for a third term.

Legally, Trump cannot force Powell to resign or fire him. Members of the Fed’s Board of Governors, which Powell is part of as the Fed chair, can only be fired for wrongdoing or job performance reasons, not differences in policy. Trump could try to fire Powell claiming he’s performing his job poorly, but that decision would probably embroil the president-elect in a drawn-out legal battle”

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“Because the Federal Reserve was created by an act of Congress, it would take congressional action to make any changes to how it works. Congress has made some changes over the decades, but there’s no signal right now that most lawmakers are willing to challenge the independence of the institution.”

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“come May 2026, Trump will be able to have some congressionally authorized say in Fed policy. That’s when he’ll be required to appoint a Fed chair for a new four-year term, who’ll then have to undergo Senate confirmation. That may be Powell, or it could be someone more compliant with Trump’s idea of what the Fed should be.”

https://www.vox.com/donald-trump/386048/trump-federal-reserve-powell-interest-rates-congress-inflation