Trump won’t escape justice this time

The Thinker by Rodin

Karmic payback is a bitch. Donald Trump has spent a lifetime avoiding accountability. He got out of serving in Vietnam by having the family doctor write letters saying he had bone spurs in his foot. He escaped poverty by being born into a rich family and by having a father who made him a millionaire (in today’s dollars) at age three.

Letting others take the hit for him cushioned most of his failures. His father bailed out his failing businesses at least three time. When his businesses failed, fellow investors often took it on the chin instead of him. He also stiffed lots of contractors. When things got tight financially, he found people and institutions willing to bail him out.

It’s pretty obvious now why he has refused to release his tax returns. They will show he is not nearly as wealthy as he claims to be. Investigations seem to be showing how he really got his money during the last decade or so: loans from Deutsche Bank, which were probably underwritten by Russian oligarchs. There was also lots of money laundering: selling condos for inflated prices, disproportionately to Russian oligarchs and always in cash.

For Trump, it’s always about the money. He’s assumed that money buys privilege. Wave enough green stuff under their noses and he can make affairs with Stormy Daniels and ex-Playboy bunnies disappear. And to his credit, between this, his late father’s money and lots of suspicious money laundering, it’s worked for him. All his life he has taken huge risks, but most of them were cushioned. It’s given him a brash and oversized obnoxious personality. Trump has always stayed one step ahead of the game. However, he’s going to find out that he can’t escape consequences and justice this time.

Trump will be able to postpone a lot of the accountability that is coming at him. His best strategy for holding on is to win reelection in 2020 or die in office. Because of a Department of Justice regulation that declines to prosecute presidents while in office, holding onto power is essential to continue his no-accountability lifestyle. He’s also hoping his latest Supreme Court pick, Justice Kavanaugh, will go to bat for him in a future ruling. The question likely to make it to the court: can a sitting president be indicted while in office for state crimes if federal regulations won’t let him be prosecuted for similar federal crimes? A decision by the court there might expand protections to exempt these as well as long as he is in office.

So far it’s not looking too good for Trump. A federal judge has allowed an emoluments lawsuit by Maryland and the District of Columbia to go forward; subpoenas of the Trump Organization will soon be issued.

It’s hard though to see a scenario where charges are not filed after he leaves office. There is one really wacky outlier possibility: Trump decides to pardon himself for any crimes he may have committed. A president’s pardon power in the constitution is not explicitly limited to prohibit him from pardoning himself. That’s because the constitution assumed that the president would not be wholly corrupt. It appears that a president cannot pardon crimes explicitly specified in the constitution itself. Ultimately it would be up to the Supreme Court again to decide if Trump could legally pardon himself. As stacked as the court is with right wing judges, it’s hard to see how even a court full of “strict constructionists” could uphold such a pardon. It would make a mockery of the rule of law. Trump of course has explicitly said he has the power to pardon himself.

So in early 2021 or early 2025 at the latest, the game is up for Trump and his accountability moment will finally arrive. Fortunately for prosecutors, Trump has left numerous breadcrumbs that will make documenting his complicity and intentions a no brainer; his Twitter feed is an obvious place to start. Trump is his own worst enemy, a condition due to his obvious case of malignant narcissism. Far from being a stable genius, he is an impulsive dumbass instead.

Maybe he still suffers from delusions that he can get the justice he wants by appointing people who will stifle Mueller’s investigation. That horse is already out of the barn. Mueller’s final report may be squelched by a new Attorney General (who won’t recuse himself from the Mueller investigation), but Mueller has already written de-facto reports. They are called indictments. Moreover, Mueller has smartly decentralized parts of the investigation, for instance, turning over the prosecution of Michael Cohen (Trump’s late personal attorney) to the Southern District of New York. It’s unlikely that whoever oversees Mueller will do much to restrain him. The political costs are too high.

Trump is stuck, but so is the nation. I’ve suggested before that Trump might just resign. A more reasonable president would when he saw the odds against him. But in Trump’s case, a resignation opens the door for prosecutions against him to start. Trump is obviously not playing with a full deck; he may be too stupid to realize this and resign anyhow. But he has every incentive to hang onto power simply to avoid the accountability that has always been chasing him. The House may impeach him, but he’s unlikely to be convicted in the Senate, even though the legal case for his corruption is overwhelming. So likely we have two more years of struggling with a slowly dissembling Donald Trump instead.

Given Trump’s obesity and the psychological stress he is obviously under, it may kill him first. As he gets loonier and loonier, a 25th amendment remedy could be triggered. Given though how much lunacy he has already inflicted on us, and Pence has not triggered the 25th amendment, it’s hard for me now to see how this can happen. But it certainly could. There may be some limit to his lunacy that those left in his administration simply can no longer tolerate.

Ultimately justice should be served, in the courts if not from his premature death from a stroke or embolism. It remains to be seen though whether there will be much left of our democracy at the end of this national trial. But while our courts at least seem to remain largely uncorrupted, there is plenty of reason to feel confident that justice will eventually be served on Donald J. Trump.

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