Donald Trump’s Lawyer Is Dumber Than Donald Trump

Donald Trump has had quite a run of lawyers. There’s Alina Habba, the camera-hungry counsel who decided to hold a news conference before Trump’s arraignment yesterday and ranted about Hunter Biden before admitting, one presumes accidentally: “I think that everybody was made aware that he lost the election, but that doesn’t mean that was the only advice he was given.”

They’ve been a clown show almost top to bottom, but it looks like John Lauro, who’s taken the public lead this week, is topping them all. He started the week peddling the free speech argument against the indictment, which has been pulverized by many people, such that I don’t even need to go into it. But just to toss in my own quick two cents: If I say to John that Jeff is a terrible person and should die, that’s free speech; if I say to John that Jeff is terrible person and we should conspire to murder him, that’s criminal intent. Pretty simple.

But Lauro really outdid himself Thursday night on Laura Ingraham’s show. Early in his segment, he said to Ingraham that before January 6, Trump had voiced his support for Mike Pence to refuse to certify the Electoral College votes and send the presidential election back to the states. Then, a little later, Lauro said: “What President Trump said is, ‘Let’s go with option D. Let’s just halt, let’s just pause the voting and allow the state legislatures to take one last look and make a determination as to whether or not the elections were handled fairly.’ That’s constitutional law. That’s not an issue of criminal activity.”

Um … whut? That is exactly an admission of criminal activity! It’s an admission that Trump was urging Pence to violate the Electoral Count Act, which requires him to preside ceremonially over the counting and approve it. In fact, Lauro was describing a conversation that is recorded in the indictment! Go look. It’s in paragraph 93: “The Defendant and Co-Conspirator 2 then asked the Vice President to either unilaterally reject the legitimate electors from the seven targeted states, or send the question of which slate was legitimate to the targeted states’ legislatures.”

Over on MSNBC, they were quick to pounce. “That is a Trump criminal defense lawyer quoting Donald Trump committing a crime,” said Lawrence O’Donnell.

This is a pattern with these people. Go back to late 2020, after the election, and think of all the arguments Rudy Giuliani was making on Fox and Newsmax. They were, if true, monstrous and outlandish charges about voter theft. But a funny thing happened whenever he found himself in an actual courtroom: He didn’t say those things, because he knew they’d never fly and he had no actual evidence. But that didn’t prevent him from saying those things on national television, over and over, with so much conviction that his hair dye ran down his face.

The above are lies, but they’re just stupid lies. They’re dangerous and destructive, but we don’t really have to take them that seriously since they get laughed out of court and show these people to be such incompetent bumblers. There’s another set of lies, however, that we need to take more seriously, because these lies constitute direct attacks on our system of government. These lies are fascist.

I’m thinking here, to name one of many possible examples, of Lindsey Graham, who told Sean Hannity, “Well, Sean, any conviction in D.C. against Donald Trump is not legitimate.”

Think about that. That’s a U.S. senator saying that the American system of justice is illegitimate—that the jury system isn’t to be trusted. He’s not alone, of course. They’re all piling on about a D.C. jury (and yes, there aren’t many MAGA-heads living in the nation’s capital, but I think we all know what else that means, between the lines).

Do you know how far back the principle of trial by jury goes? They had jury trials in Ancient Greece. In the Roman Republic. It was enshrined in the Magna Carta (that’s 1215). And the principle was absolutely crucial to the Founders. John Adams: “Representative government and trial by jury are the heart and lungs of liberty. Without them we have no other fortification against being ridden like horses, fleeced like sheep, worked like cattle, and fed and clothed like swine and hounds.”

They were fine with the jury system, of course, when we were all talking about Aileen Cannon’s courtroom down in Fort Pierce, Florida, in a county that Trump carried. Then, they didn’t complain. And you know what? I didn’t either, and I didn’t hear a single Democrat talk crazy smack on the jury system. I wasn’t wild about it, or about the fact that the classified documents case got assigned to Cannon in the first place, but them’s the breaks.

They will say anything, do anything, attack anything, allege anything, lie about anything, repeat anything, proclaim anything, insinuate anything, and imply anything. Except of course anything that’s true. They are turning the country and its principles upside down. They are fomenting a furious army of acolytes who own a lot of guns. When Trump is convicted here, as it appears he will be, given that his lawyer just admitted to it, what will they do?

This article first appeared in Fighting Words, a weekly TNR newsletter authored by editor Michael Tomasky. Sign up here.

Fascism is not a political program. It’s different from every other -ism in this way. Capitalism means something specific: private ownership of the means of production. Communism means the opposite: state (or worker) ownership of the means of production. Socialism is, or used to be, a softer form of communism. It’s hard to say what it means now, and by the way, Bernie Sanders and Alexandria Ocasio-Cortez are not democratic socialists. They’re social democrats—Google the difference, and you’ll see what I mean.

Anyway. Fascism is a sensibility far more than it is a political program. The word comes to us from ancient Rome, where the fasces was a bound bundle of wooden rods with an ax (or sometimes two) that symbolized political power. It wasn’t always bad; next time you visit the Lincoln Memorial, look below Abe’s hands—those are fasces. They were literal back in Rome, and Cincinnatus, who served as dictator for just 16 days, is famous for having spurned them. He remains one of the few leaders in history who refused absolute power and returned to private life, the other prominent one being our own George Washington, who easily could have made himself dictator in the mid-1780s but refused to do so. The day in 1783 when he stopped off in Annapolis, where the Continental Congress was meeting, and resigned his military commission is the day the United States became a republic.

Fascism developed its modern meaning in Italy in the 1920s, under Benito Mussolini. He coined the term in 1919. He ascribed to it certain attributes—absolute state power over private enterprise, racial superiority of the majority group—but it really revolved around the power of the dictator, the dictator’s emotional connection to his followers, and their complete obeisance to him. It’s mystical and hard to describe. It can’t be defined in any constitution. It’s just something you can see and feel. I once saw a clip of Adolf Hitler giving a speech. After he was introduced and the applause quieted, he stood silent at the podium for almost a minute before he started speaking, quietly. That minute was fascism.

That is what Donald Trump wants. He already has it, in the sense that his rallies are fascist rallies. His backers surrender themselves to him in a way that small-d democratic admirers of Barack Obama and George W. Bush did not. This is why his poll numbers among Republicans go up and up. He has cemented the mystical bond. What he lacks, for now, is the power. We’re in a race now between republicanism, rule by citizens for the common good, and fascism, rule by a dictator for the good of his followers.

In a democratic society, the law is the most efficient means by which to arrest fascism. This is why Trump faces indictments. It’s the surest way to stop him. Smart fascists know this, and they either stay within the law or, perhaps paradoxically, violate it so flagrantly that they end up redefining what “the law” even is. Fortunately for us, Trump is a dumb fascist, and his ignorance may prove to be his Achilles’ heel. We also—again fortunately—have a system and set of laws and traditions that are stronger than those of, say, Weimar Germany, so Trump hasn’t yet been able to pollute them, although if he is reelected, he certainly will.

The new felony charges announced Thursday evening by the office of special counsel Jack Smith are simultaneously shocking and unsurprising. It stands to reason that Trump wanted the computer server that hosted Mar-a-Lago security video deleted. Yes, it’s especially ironic, given the way he carried on about Hillary Clinton’s server in 2016, but this too is a key attribute of fascism: Fascists do precisely the thing they accuse their opponents of doing. In August 1939, Goebbels accused the Poles of violence against Germans in the Danzig Corridor. It’s the only way fascism can work; to get the people to believe the opposite of the truth. Even Trump, dumb as he is, instinctively knows this.

Look at his recent statements. “This is prosecutorial misconduct used at a level never seen before. If I weren’t leading Biden by a lot in numerous polls, and wasn’t going to be the Republican nominee, it wouldn’t be happening. It wouldn’t be happening.… But I am way up as a Republican and way up in the general election, and this is what you get.”

He’s not ahead of Joe Biden. It’s a close race—disturbingly so—but, according to RealClearPolitics, Biden is narrowly ahead. And of course it’s not prosecutorial misconduct. Grand juries—American citizens—indicted Trump, not prosecutors. The only prosecutorial misconduct in Trump’s life was the laxity of the New York prosecutors who failed to nab him over the past 40 years. If they’d been doing their job, the nation might have been spared this turmoil.

With these next two indictments, assuming they happen, the mystical bond will grow deeper. Trump’s lies will intensify; his movement will become more openly fascistic. The law is the surest way to stop all this. But even convictions won’t end it. They’ll keep him out of the White House, most likely, but the Republican Party has probably been permanently transformed. The next Trump can’t wait to grab the fasces.

This article first appeared in Fighting Words, a weekly TNR newsletter authored by editor Michael Tomasky. Sign up here.

House Speaker Kevin McCarthy came out Thursday and denied that he had promised Donald Trump votes on expunging his two impeachments by the House. Politico Playbook broke the story that Trump, angry that McCarthy had said, last month, that Trump might not be the GOP’s strongest presidential candidate for 2024, asked—er, “asked”—McCarthy to endorse him for president. Wanting to stay neutral, McCarthy reportedly put Trump off by promising to hold votes on wiping his impeachments from history’s obelisk.

The notion, of course, is chimerical. There’s no provision in the Constitution or in law for impeachments to be officially erased, so they would remain in the historical record. The votes would be purely for Trump’s ego. Anyway: “There’s no deal,” McCarthy told reporters Thursday, adding, however, that “I support expungement.”

Why the denial? Because the matter puts McCarthy in a horrible bind. We’ll get to that, but the more interesting point here for our purposes is how this shows what a shell the party of Lincoln has become. Everything that’s sick and warped and desiccated about today’s Republican Party is present in this deal (or “deal,” if McCarthy is to be believed).

What, precisely, is sick and warped and desiccated about today’s Republican Party? At least three things.

Number one: It’s a cult of one man—not a political party anymore in any remote sense of the word. Trump says jump, and they ask how high. In fact, these days, Trump rarely even has to say jump. A certain situation arises, and congressional Republicans anticipate that he’s about to say jump, so they start jumping, trying to guess the height that will please him most.

Elise Stefanik, the upstate New York congresswoman whose tongue must be purple from all the Kool-Aid she’s slurped down, is leading the chorus of jumpers here. And there are plenty of others. It so happens that this resolution is in trouble (more on which in a bit). But the fact that something this extreme is even being considered is proof of the congressional GOP’s servility.

Number two: The party is driven more than ever by its extremes, which is something that has never been the case for any political party in American history. You’ll recall, when Democrats had the majority, Nancy Pelosi was obsessed about what she called her “frontline” members—the vulnerable ones in purple districts. She was loath to make them cast a politically tough vote. This made her more progressive members grumpy at times. McCarthy is exactly the opposite. He has a few moderate-ish members (again, more on which in a bit), but just about everything he’s done so far has been to pander to the hard right.

Number three: There is no normal small-d democratic accountability in the GOP anymore. In theory, American political parties are accountable to the voters. But because of the way Republicans have gerrymandered congressional districts, most Republicans can’t lose—except to a primary challenger who’s even more MAGA than they are.

And that in a nutshell is why the party has become what it has become: an extremist cult that has no incentive to behave otherwise—and in fact has every incentive to keep behaving exactly this way or worse.

Now: What makes this episode delicious is that there is no good outcome for the GOP. Since the story broke, a number of House Republicans have said, on the record or on background, that they’re not so enthusiastic about this. Why? Because they think it might fail on a floor vote. Why? Because there are 18 Republican House members who represent districts Joe Biden won, and they’re terrified of having to vote on this. They’d all, or mostly, want to vote “no.” And they know very well what would happen: Trump would find a primary opponent to run against them, and those candidates would have instant access to big dollars and would be lionized by the right-wing media. So they might vote “yes” to prevent that from happening—in which case they would hand their Democratic opponents instant clubs with which to hammer them. McCarthy’s five-seat majority would be at serious risk.

You get the picture, I trust. There are three possible outcomes here, and all of them are bad for the GOP:

1. It comes to the floor and passes. A, they look ridiculous to swing voters. B, this will require the votes of at least some of the Bidenland 18, who’ll be instantly vulnerable.

2. It comes to the floor and fails. A total humiliation for McCarthy and Trump. Especially the latter.

3. McCarthy somehow doesn’t bring it to the floor at all. Trump is livid. The base is furious at “My Kevin.” Trump still looks weak, because everyone will know that the vote didn’t happen because Republicans feared it wouldn’t pass, endangering McCarthy’s speakership because he failed Dear Leader.

It’s great fun to watch. But it’s really tragic for the country. Step back and mull it over. A sitting president tried to subvert a foreign leader into getting involved in an American presidential campaign, threatening to withhold aid unless the leader did so. A clearly impeachable offense. Then he literally led an insurrection against the government he’s supposed to lead—an offense that was not only clearly impeachable but, as we appear to be about to learn from special counsel Jack Smith, may well have been criminal.

And the response of his party? To try to wipe these crimes from the books. I hope they succeed. It’s clear at this point that some percentage of the American electorate needs to be hit over the head to finally see the Republican Party for what it is. Expungement is the blunt instrument that might just do it.

If you’re old enough, you remember when the GOP fashioned itself the “law and order” party. This was because of its tough-on-crime stance, which, like most Republican policies (excessive tax cuts for rich people, relentless punishment of people on food stamps, contempt for science and environmental responsibility, etc.), has done immeasurable harm to the nation in our modern history, wrecking the lives of God-knows-how-many young people apprehended with a couple joints on their person. It was terrible, but at least it was true.

Here’s your “law and order” party at work today. House Republicans like to refer incessantly to the “Biden crime family.” They claim to be in possession of evidence of criminal wrongdoing, like secret Biden bank accounts that were set up to hide the numerous bribes they say Joe Biden has taken from foreigners. They claim all kinds of stuff. I guess we should not rule out the possibility, however remote, that this proof exists.

But we have the right to come to certain conclusions based on what they’ve shown us so far, half-a-year-plus into their majority. It’s been a complete and total clown show, culminating this week in a development that is so beyond absurd that if I were saying it instead of typing it, I’d be spitting out my coffee: The GOP’s whistleblower is literally a fugitive.

Gal Luft is the whistleblower around whom House Oversight Committee Chairman James Comer of Kentucky built considerable drama in recent weeks. Comer repeatedly told Fox News and Hill reporters that he had a guy who had the goods on Capo di Tutti Capi Biden but was being silenced by those crazy Marxists over at the FBI. Well, news broke this week that Luft was indicted for acting as an unregistered agent for China, trying to do various arms deals, including to Iran (in violation of U.S. sanctions), and more. And he is quite literally a fugitive from justice: Luft has lived outside the United States since November 2017.

You’ll notice that I didn’t say he was indicted this week, only that the news broke. This is an important point that you need to keep straight. Republicans like Comer and Jim Jordan have been whining about the timing of the indictment, accusing the Justice Department of attempting to silence their star witness at the crucial moment. But the indictment was actually filed last November. In other words, Luft has been under suspicion and investigation for some time, and the government came down on him before even the midterm elections. The indictment was logged when Justice didn’t even know who’d be running the House now.

Here’s just one charge from the indictment. Luft was working for a think tank. In the summer of 2015, it is alleged, a Chinese national who was the head of something called the China Energy Fund Committee, or CEFC, approached Luft and offered him and his think tank $350,000 a year to engage in some pro-China agitprop. Luft duly carried this out, hosting conferences, placing op-eds, and so on. Luft, the indictment alleges, was working with a former high-ranking U.S. official, who was called only “Individual 1” in the indictment but is known to be James Woolsey, who was for a couple years the head of the CIA under Bill Clinton.

Woolsey’s involvement here is interesting. He has referred to himself as a “Scoop Jackson Democrat” (that means hawkish), but evidently he decided at some point that Barack Obama was destroying America with his defense cuts. Woolsey threw in with Trump in the fall of 2016, at a time when dozens of national security eminences were warning what a danger he was.

Luft agreed to work on behalf of the CEFC to “educate” Woolsey, who would make public statements that were in the interests of China. Sure enough, on November 30, 2016, with Trump as president-elect, Woolsey spoke at an event called the Belt & Road Forum in Washington, co-hosted by the CEFC. “We want to joyfully participate with China in international trade operations and economic growth,” Woolsey said. “I think we have no reason why China and the U.S. cannot be close and friendly nations.” (Woolsey, it must be noted, later quit the Trump transition team, claiming he was being cut out of meetings.)

Maybe, as is always the case in such matters, none of the indictment is true. Like anyone, like even Donald Trump, Luft is entitled to the presumption of innocence.

But if the charges are true, put yourself in James Comer’s shoes. Would you really decide to try to build a case at least in part around a man who was accused of the things Luft is accused of? Is that a credible witness? Then there’s the simple practical matter that the guy hasn’t set foot in the U.S. in nearly six years. Was Luft going to Zoom his way to stardom from some undisclosed location in Cyprus? (That’s where he was when he skipped bail in April.)

This just scratches the surface, but take a breath with me here. What does Comer accuse Joe Biden of? Corruption pertaining chiefly to China—taking bribes mostly to get filthy rich, but in part to conceal the regime’s true face, thereby gussying up China’s image in the West. And what does the government allege his star-witness-in-waiting did? Took several payments of $350,000—to gussy up China’s image in the West. In other words, Comer wants us to believe that Biden behaved in a certain way with respect to China. But if the Justice Department is right, Luft behaved in exactly the way Comer accuses Biden of acting!

Luft released a video earlier this month saying, among other things, that he’s on the lam because “I did not believe I will receive a fair trial in a New York court.” Perhaps one day we’ll find out. But right now, we know this much. James Comer doesn’t look like he could run a one-car funeral, let alone the proverbial two-car version. The right-wing media has fashioned a ready excuse for such situations: It’s all the deep state covering up for the Bidens and persecuting truth tellers. Back here on planet Earth, though, the bottom line remains that Comer’s star witness is a fugitive from justice. If Joe Biden actually is corrupt, he couldn’t ask for a better, more Clouseau-like pursuer than James Comer.

This article first appeared in Fighting Words, a weekly TNR newsletter authored by editor Michael Tomasky. Sign up here.

This is the kind of topic about which liberals generally don’t want good news. They want to worry. They assign to their right-wing foes a strength and formidability that they never see on their own side (I’m often as guilty of this as anybody, I confess). They lack faith in the common sense and decency of the average voter. They want, on some level, to think, or at least to fear, that disaster is around the corner.

I rise today to fight that tendency. Yes, it’s early. Yeah, it’s premature. But I’m going to say: The signs I see so far? They suggest to me that Donald Trump (a) is going to win the GOP nomination and (b) stands a very good chance of leading his party to an epic wipeout next November.

To understand this, you have to open your eyes to things that can be hard to see as they unfold in real time. But they’re there, and they tell us this: Trump is much more extreme, much more unhinged, much more exposed than he was in 2016. Pay attention to what you see.

The most recent example, perhaps small, but I think nevertheless telling, consists of his recent “truths” on Truth Social. He posted Barack Obama’s current address. Think about that. That’s an invitation to someone to go try to shoot him. And sure enough, someone did. Shortly after Trump’s post, Tyler Taranto showed up with a machete, two guns, and 400 rounds of ammunition. He appears to have reposted Trump’s post. He was arrested, and Obama’s block in D.C. is of course heavily protected, but none of that changes the fact that a former president of the United States pretty obviously was egging his supporters to commit violence against another former president.

Friday morning came the related news that federal prosecutors working on the classified documents case against Trump are facing threats from MAGA-heads. They’re posting the names of federal prosecutors online. These people’s blocks are not under heavy Secret Service protection. What if one of them gets murdered? And what are the odds, given the way Trump has riled these people up, that if he’s convicted before Election Day, there won’t be violence, at least of the generalized sort and at worst of the targeted-execution variety?

That’s the first thing. Here’s a second.

More from Trump’s Truth Social feed: “Does anybody really believe that the COCAINE found in the West Wing of the White House, very close to the Oval Office, is for the use of anyone other than Hunter & Joe Biden.” Hunter Biden wrote in his memoir that he’s been clean since 2019; but let’s face it, when one hears “cocaine in the White House,” he does leap to mind. But then, Trump throws Joe Biden in there. Who thinks Joe Biden does blow? It’s unhinged, and it’s a sign that Trump’s hold on reality, always tenuous, is vaporizing and that he’s even more emboldened now to say even more outrageous things than he said in 2016, which after all is the logic of outrage: It has to get more extreme in order to continue to have shock value. What even more unhinged thing might he be capable of saying on a debate stage next fall?

Combine these recent developments with the things we already know, we’ve already seen. I wrote in our June cover story that Trump’s toxic rhetoric far exceeded where he was going in 2016. If you can’t see the difference between “Drain the swamp” (2016, and something any right-populist could say) and “I am your revenge” (the words of a megalomaniacal authoritarian demagogue), then you need some history lessons. I think here also of the Trump we saw in that infamous CNN town hall. He was totally out of control. I kept watching that and thinking: Is there any chance, I mean any chance, that the centrist soccer mom from the Milwaukee suburbs who took a flier on him in 2016 against Hillary Clinton is going to want to see this deranged, blubbering, vain peacock back in the White House?

I know, I know. Biden’s age. The “wrong direction” poll numbers are bad. A recession could hit, although experts have backed off that concern somewhat. Still, I take all that seriously, believe me.

But I’ll tell you this. If I were a Republican, I’d be scared shitless about what Trump might do to my party next year. The presidential election won’t be a runaway, because that isn’t how it works anymore. But I’d be very worried that Trump loses all the states he lost in 2020—and by a little more than he lost them the last time—plus maybe North Carolina, which would bump Biden’s Electoral College margin up to 319–219, which in a headline sounds like a rout. And the somewhat higher margins in Arizona, Georgia, et al. would foreclose any serious attempt to cry foul. Swing voters just wouldn’t buy it.

Democrats are feeling pretty confident about retaking the House. The Senate looks a lot tougher. But if Senate candidates in purple and even a couple reddish-to-red states are wedded to a standard-bearer who looks, to your average person, not just unpreferable but outright dangerous, who knows? The normal swing-voter reflex is to think, “OK, I’ll vote Biden, but I’ll balance it out by voting for a Republican for Senate” (there aren’t as many swing voters as there once were, but they exist). I’m positing that Trump could be so bad that those voters decide en masse that now is the time to punish the Republican Party and demand that they wipe the slate clean, ditch Trump, and grow up. (And, of course, throw in the anti-Dobbs backlash, which should give Democratic Senate candidates two to four points nearly everywhere.)

I’m not urging overconfidence. Politicians should always run like they’re 10 points behind. I’m just saying: Pay attention to what you see. And what we’re seeing so far is Donald Trump being far more extreme than he was in 2016 and alienating a huge chunk of the voters who bought his snake oil back then.

This article first appeared in Fighting Words, a weekly TNR newsletter authored by editor Michael Tomasky. Sign up here.