Why the DOJ won’t talk about its investigation of Donald Trump

“In case there is any doubt, the Justice Department has very good reasons to keep its lips shut about ongoing criminal investigations.
One reason is fairly obvious. If prosecutors and law enforcement speak openly about a criminal investigation, they could reveal information to a suspect that could undercut the investigation. Trump could conceivably destroy evidence if he knows the DOJ is looking for it, or he might attempt to intimidate a witness if he knows that witness is one of the DOJ’s sources.

Indeed, while the Supreme Court has said that “the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents,” lower courts have held that this right can be overcome by the government’s need to keep sensitive information about ongoing investigations secret. As the US Court of Appeals for the 11th Circuit, which oversees federal cases in Florida, said in one case, documents may be kept secret when there is a “substantial probability that the government’s ongoing investigation would be severely compromised if the sealed documents were released.”

(That doesn’t necessarily mean that the entire warrant affidavit in Trump’s case must be kept secret, but it does mean that it will likely remain under seal if it could compromise the DOJ’s investigation of Trump.)

There’s also another reason the Justice Department rarely speaks about ongoing investigations: Doing so is unfair to criminal suspects — including Trump.

If Trump is eventually indicted for an alleged violation of a federal criminal law, he has a right to stand trial and will have an opportunity to present evidence that he is, in fact, innocent. Assuming that he does not accept a plea deal, a jury will weigh the evidence and return a verdict of “guilty” or “not guilty.” Technically, a “not guilty” verdict would not be a declaration that Trump is actually innocent — it merely means that the prosecution failed to prove its case beyond a reasonable doubt — but it would go a long way toward clearing the cloud of suspicion that hangs over anyone charged with a crime.

But if the Justice Department speaks openly about a criminal investigation before anyone is actually arrested, they place that cloud over a criminal suspect’s head without giving that suspect a forum to vindicate their reputation. As former deputy attorneys general Jamie Gorelick and Larry Thompson explained in a 2016 Washington Post op-ed, the Justice Department’s “long-standing and well-established traditions limiting disclosure of ongoing investigations” that might influence elections prevent prosecutors from “creating unfair innuendo to which an accused party cannot properly respond.”

So we should expect the Justice Department to be very quiet from here on out about its investigation of Donald Trump, unless that investigation leads to arrests. This silence is not an attempt to stonewall. It is consistent with longstanding DOJ policies that protect both the department and anyone accused of a federal crime.”

Trump is pushing us toward the abyss

“The litany of grievances, the sense that Trump has been forever persecuted by the government, the unfounded implication that the FBI was “planting information” at his house — all of it screams victimization, that Trump is the target of a vast and shadowy conspiracy pulling the FBI’s strings.

The fact that a Truth Social user had just been radicalized by such talk — posting violent threats on the site before attempting an armed breach of an FBI building — isn’t deterring Trump at all. He is, as the political scientist Julia Azari puts it, a nationalist who has no concept of a nation; a narcissist who abuses the language of patriotism without any commitment to the underlying idea that he has some responsibility to preserve order and cohesion in the polity. In fact, he does the opposite — sowing division and stoking violent distrust if it helps him.

Perhaps Trump’s talk wouldn’t be so dangerous if the rest of the GOP would work to tamp it down. Yet it’s become excruciatingly clear in the wake of his emergence as the GOP’s standard-bearer that Republicans are not taking Trump’s transgressions and troubles as opportunities to dump him, but rather to dig in, right by his side, in similarly radical terms.”

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“As it escalates, there is every chance that Trump’s supporters will become more radicalized.”

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“The Department of Homeland Security has thought since at least 2020 that white nationalists are now the greatest terrorist threat to the American homeland. The odds of a greater increase in far-right terrorism, especially from disgruntled Trump supporters who have been taught to see the Biden administration as part of a tyrannical “Regime,” are rising — and will continue to rise as the broader conservative movement keeps using the virulent anti-government language of the fringe right.

The United States is at a troubling crossroads. If investigators in jurisdictions around the country drop their inquiries into Trump, they are tacitly conceding that he can break any laws without consequence prior to a near-certain 2024 presidential run — an incredibly dangerous precedent. If they continue their work, they risk stoking further unrest and civil conflict, pushing an already polarized country toward an even more dangerous form of division.

Trump and his enablers have taken the country to a very dark place. And we have every reason to believe things will get darker before the dawn.”

The Never Trump wing of the GOP never had a chance

“The bad news for Never Trump Republicans this week wasn’t just that Liz Cheney lost the primary for her Wyoming congressional seat on Tuesday. It wasn’t even that she lost by such an overwhelming margin. It was that her loss fit a pattern in which the GOP’s voters have roundly rejected Republican after Republican who voted to impeach Trump. Only two of the 10 House Republicans who did so will even be on the ballot in November — one of whom is running in a district that Joe Biden won by more than 10 percentage points in 2020.
It’s clear at this point that the Republican Party is a pro-Trump party, and that its voters recoil from candidates who are ardently opposed to the former president. The results of this primary season — and Cheney’s loss in particular — show a Never Trump wing on the verge of extinction.”

With Cheney’s Loss, Just 2 House Republicans Who Voted To Impeach Trump Are On The Ballot In November

“But while Cheney’s loss is particularly high-profile, it is not surprising. Of the 10 House Republicans who voted to impeach Trump, only two advanced to the general election, four lost their primaries and four didn’t even try to seek reelection, retiring instead.”

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“That said, it’s probably not a coincidence that both Valadao and Newhouse won in states that use a top-two primary system. In that format, all voters can cast a ballot that includes every candidate, regardless of party, whereas party primaries mostly involve voters who are either registered with that party or generally back it and who are voting only for candidates from one party. Still, Valadao, the only pro-impeachment Republican running who didn’t face a Trump-endorsed challenger, barely edged out fellow Republican Chris Mathys, an ardent Trump supporter, 26 percent to 23 percent for second place in his top-two primary.1 Newhouse didn’t do much better, essentially tying with the lone Democrat in the race with 25 percent.

In fact, not a single pro-impeachment Republican captured a majority of the GOP primary vote. This amounts to an especially weak set of performances for incumbents, who in most cases easily win their primaries.”

The ludicrous idea that Trump is losing his grip on the GOP

“In Arizona, Senate nominee Blake Masters and likely gubernatorial nominee Kari Lake are Trump-endorsed 2020 election deniers. In Michigan, gubernatorial candidate Tudor Dixon is cut from a similar cloth. Michigan Rep. Peter Meijer, one of 10 House Republicans to vote for Trump’s impeachment in 2021, lost his bid for reelection to yet another Trump-endorsed Big Lie supporter (two other House impeachment supporters, Washington Reps. Jaime Herrera Beutler and Dan Newhouse, seemed on track to fend off Trump-backed challengers in Washington state’s open primary). Rusty Bowers, the Arizona House speaker and star January 6 committee witness, lost a state Senate primary to — you guessed it — a Trump-backed election conspiracist.

It’s a splash of cold water on the narrative of a waning Trump.

“Pundits trying to will into existence a GOP that has moved beyond him are way beyond the facts,” the Atlantic’s Ron Brownstein wrote on Wednesday morning. “This remains a Trump-ified GOP, with most openly embracing him and almost none openly confronting him.”

Brownstein is right. And he’s right for a fundamental reason: Trump’s vision of politics, a war between true Americans and a system that has betrayed them, describes how many Republican voters see the world.”

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“The simplest barometer of whether Trump still dominates the party is the 2024 presidential polls. And by that metric, Trump’s grip is pretty hard to question.

The RealClearPolitics poll average has Trump leading the field by an average of 26.2 points. All but one national poll cataloged by FiveThirtyEight in July had Trump beating DeSantis by a similarly large double-digit margin (the sole outlier, from Suffolk University, had Trump ahead by a “mere” 9 points).

Granted, any challenger against an “incumbent” like Trump probably wouldn’t pop up on many voters’ radars this far ahead of an election. But much of the “Trump is slipping” coverage skips past all this vital context. For example, the New York Times recently ran a write-up of its poll with Siena College headlined “Half of G.O.P. Voters Ready to Leave Trump Behind, Poll Finds.” And indeed, the poll did find that 51 percent of Republicans would vote for someone other than Trump if the primary were held today.

Yet the headline is misleading. The Times poll found that Trump still commanded 49 percent support in the party; his next closest rival, DeSantis, garnered a mere 25 percent. In the article, reporter Michael Bender notes that the results show that “Mr. Trump maintains his primacy in the party,” contradicting the piece’s headline.”

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“If you read studies of the American conservative movement, Trump’s continued strength should be no surprise. The political strength of the movement never came from its policy ideas. Many of its positions, like tax cuts for the rich and stringent abortion restrictions, have ultimately proven to be extremely unpopular.

Instead, its strength has been rooted in grievance: the bitterness of those who believe that modern America is changing too fast, beyond recognition, turning “traditional” citizens into aliens in their own country.

A charitable observer might call this sentiment nostalgia for a bygone America. A more critical one might call it the venting of reactionary white male rage against a more egalitarian country. But whatever your assessment, it is this politics of cultural grievance that animates the GOP base.”

How Trump’s Tariffs on Chinese Chemical Products Backfired

“When the Trump administration implemented tariffs on Chinese chemical companies in 2018, administration officials said tariffs would make American chemical companies more competitive. But industry groups told regulators last week that it’s had the opposite effect.

At a Thursday hearing on the impact of the Trump administration’s tariffs against China, the American Chemistry Council (ACC), an industry group representing over 190 U.S. chemical companies, informed the International Trade Commission that imports of Chinese chemical products have instead grown continuously since the tariffs took effect in June 2018. Over $35 billion worth of chemicals were imported from China in 2021, and Chinese companies now make up a larger share of U.S. chemical imports than they did when former President Donald Trump took office in 2017.

Per the ACC, the Trump administration failed to account for American manufacturers’ reliance on intermediate products exclusively produced in China. “China is the primary source of many valuable inputs to U.S. chemical manufacturing processes, and for which few or no alternatives exist,” an ACC representative said. “It would take years, and billions of dollars, to build manufacturing capabilities for these inputs in the United States or other countries.”

Dyes stand out as some of the most notable examples of vital Chinese imports impacted by chemical tariffs. For U.S. manufacturers to produce Red 57, a red pigment commonly found in many cosmetic products, they must import 3-hydroxy-2-naphthoic acid, also known as BONA, from China. BONA is exclusively produced in China, forcing American manufacturers to bear the higher costs associated with importing these critical Chinese-made inputs for their final products.”

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“Despite the attention given to the industry by the federal government in recent years, chemical companies are warning that tariffs are hurting their ability to invest new capital in their supply chains and innovate on issues like climate change. They also worry that it will slow job growth and hinder the Biden administration’s broader efforts toward restoring resilience in the supply chain while only contributing to higher costs for consumers.

“[T]ariffs are clearly not working for the chemicals and plastics sector,” the ACC said in their testimony. “[They] are making the United States a less attractive place for jobs, innovation, and plant expansion.””