Who’s Responsible for This Mess?
Friends,
The New York Times says the βJustice Department strugglesβ with Trumpβs demands that it prosecute his enemies.
But who exactly is struggling? Career lawyers whose professional ethics are being compromised? Trump-loyalist appointees who presumably knew what they were getting into before they joined the regime? Todd Blanche, the acting attorney general who desperately wants to be the real thing?
The same ambiguity crops up when the media reports that the βWhite Houseβ wants this or that, that the βDepartment of Homeland Securityβ is taking some action, that the βDepartment of the Interiorβ is undertaking or undoing something, and so on through the squalid chaos atop this regime.
These are buildings and departments, not people. We need to know who.
In normal times, the White House and federal departments are also institutions containing professionals with expertise hewed over decades of experience, guided by institutional norms for making decisions and the insights and perspectives that come with their unique roles in the federal government. (I should know. I headed one.)
But weβre no longer in normal times. Trump and his sycophants are actively destroying the professional integrity, expertise, norms, and unique insights and perspectives of all these institutions.
Thatβs why the public needs to know who is doing what when important decisions are made inside these buildings and departments. Itβs the only way anyone can ever be held accountable.
For example, news reports continue to characterize the $1.8 billion anti-weaponization fund at the center of the storm over whether to confirm Todd Blanche as attorney general as βthe Justice Departmentβsβ fund.
This characterization hides a crucial reality: The fund doesnβt belong to the Justice Department. It wasnβt even an official offspring of the Justice Department. Instead, it emerged from meetings between Trumpβs personal lawyers and acting attorney general Todd Blanche (who was once also a personal lawyer for Trump) over how to dispose of Trumpβs $10 billion lawsuit against the Internal Revenue Service.
It was never the βJustice Departmentβsβ fund. It was Trumpβs fund, right from the start. The same with his deal to immunize himself from IRS audits.
Similarly, when the media reports that the βJustice Departmentβ is βformally rescinding the order that created the fund,β it obscures the most important fact: The order wasnβt rescinded by the Justice Department. It was rescinded by Blanche himself. In fact, Trump now says he βwasnβt involvedβ in the revised plan.
So why should we suppose that any future Trump attorney general will be bound by Blancheβs order?
Similarly, when we hear that βthe White House claimsβ that vandals caused damage to the bottom of the reflecting pool, we donβt know who in the White House made that deceitful claim. Did it originate with the vicious nativist, Stephen Miller; the fanatical Russell Vought; Trumpβs zombie chief of staff Susie Wiles; or with Trump himself?
And when itβs reported that District of Columbia U.S. Attorney Jeanine Pirro βblamed the Department of Interiorβ for her failed criminal case against David Hearn, a former Olympian whom she accused of damaging the Reflecting Pool, we donβt learn the most important thing: Whoβs responsible for this fiasco?
Did Doug Burgum, the interior secretary, mislead Pirro about Hearnβs alleged behavior? Or did Trump instruct Burgum to blame the former Olympian for damaging the pool, rather than own up to the botched job?
Trump had insisted for months that vandals were responsible for the damage, which gained national attention when the pool bottom began to peel and algae blooms turned the pool from blue to green.
Pirroβs office charged Hearn with βa violent effort to rip up the sealant from the bottom of the poolβ and secured an indictment against him for felony destruction of government property β carrying a maximum sentence of 10 years in prison.
But in Fridayβs court filing, Pirro conceded that problems plaguing the newly renovated pool were caused by a βbotched installation not vandalismβ and that, had the Department of the Interior βbeen forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment.β
This is a serious matter. A U.S. attorney charged an American citizen with a crime that could have resulted in his serving 10 years in prison but then dropped the charges when it turned out that Trump β or was it Burgum? or someone else? β was just trying to save face. But we still donβt know whoβs responsible.
In the midst of the authoritarian chaos of the Trump regime, the public needs to know whoβs doing what. When is Trump giving orders to his lackeys? When are they making decisions on their own? Whatβs legally binding, and on whom? Whoβs responsible for what?
My friends, there will be a reckoning. And when that reckoning occurs, the individuals who have enabled this dictator, or who have conspired and collaborated with him, will be identified and held to account for what they did or failed to do.
Thatβs why the current record of responsibility is so important. Rather than report that βthe White Houseβ or the βJustice Departmentβ or the βInterior Departmentβ or some other building or agency did something, we need to know exactly who did what.
Buildings and departments are not destroying the rule of law and undermining American democracy. Individuals are. The media must tell us whom to hold responsible.
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