The Post-Dobbs Verdict Is Clear, and Republicans Will Pay

Saturday brings the infamous first anniversary of the Supreme Court’s Dobbs decision. Let’s begin by bearing in mind something that a lot of anti-abortion activists used to say before Roe was struck down: that the mere striking down of Roe was their goal, and all they wanted was to see the matter returned to the states.

This was a lie. As we have seen, the striking down of Roe was just the beginning—a first step in a process that they clearly hope will culminate someday, perhaps soon, in a federal abortion ban. After Dobbs, some Republican could have said: Hey, let’s take a breath here. We got our big win, but we are taking away a 50-year-old right from people, and maybe we ought to see how that shakes out.

Of course, they did no such thing. Many states rushed to pass the most extreme measures they could squeeze through their legislatures. Today, abortions are entirely or mostly banned in 14 states. Nine of those bans, according to The New York Times, include no exceptions for rape or incest. Most of these states are in the old Confederacy, but this list also includes Wisconsin, where Roe’s demise kicked in a draconian 1849 law that is still being adjudicated. 

On the plus side, 25 states and the District of Columbia have passed new protections. This includes most of the states you’d expect, along with Iowa, Kansas, and Alaska. So all is not lost—and as we’ve seen, what the Supreme Court really accomplished with Dobbs, aside from wrecking its own reputation, is to have solidified public opinion in support of protections for abortion rights. Poll after poll shows all-time-high levels of support for abortion rights.

That’s encouraging, but let’s not lose sight of what’s happening. The Times also reports that since Dobbs, 61 clinics and doctors’ offices have stopped offering abortions. Nineteen of those are in Texas (which is not only a no-exception state but also the lone state where private citizens can sue abortion providers and those who assist patients seeking abortions). That’s thousands of women, maybe millions, being denied a right to bodily autonomy that they had for half a century. Taken away overnight.

On top of that, we’re at the very beginning of a new presidential campaign, and Republican candidates are out there on the trail vowing to go even further. This weekend, there’s the Faith & Freedom Coalition’s Road to Majority Conference in Washington, in addition to a Students for Life rally on the national mall. Mike Pence, who is staking out the most extreme position on the issue, is the only candidate speaking to both, reports Politico’s Playbook. We can be sure that stern anti-abortion pledges will be front and center.

And as for the court? The great Linda Greenhouse has an interesting column in the Times today. She tells the story of how, in the 1940s, the Supreme Court switched from having upheld a Pennsylvania school district’s expulsion of Jehovah’s Witness schoolchildren because they would not salute the U.S. flag to reversing itself—while the United States was at war, no less. The composition of the court changed somewhat, but three justices who’d originally ruled against the schoolchildren changed their position on a similar case.

Why did they switch? Because they saw the hatred their original decision had unleashed. Greenhouse: “Mobs attacked individual Witnesses and destroyed their places of worship. More than 2,000 Witness children were thrown out of school, and some of their parents criminally prosecuted.” Most of America agreed that the court had righted a grievous wrong.

But that was before the era of Fox News and the Federal Society and Leonard Leo and right-wing justices flying on private planes and seeing nothing wrong with it. “So no, I don’t think the Dobbs justices are sorry,” Greenhouse writes. “They did what they were put there to do, what they wanted to do, and they were quite explicit in washing their hands of the consequences.”

But consequences are coming for the conservative movement of which those six justices are a part. They were felt already in the midterm elections, and they’re coming in a bigger way still next November. The price that’s being paid by regular Americans is tragic, and the structure of the court is such that it could take 20 years before we have a majority that reverses Dobbs. The six justices, and Donald Trump, and Republicans in Congress will come to pay a mighty price for what they’ve done to America.

The New Republic is trying to raise $10,000 to broaden our coverage of these fights for abortion rights across the country. Please see the box at the top of this article and click on Yes, I’ll Help!

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

One of the right wing’s “skills,” such as they are, is taking one little piece of fresh information that appears and using it to breathe new life into an old and discredited allegation. Those of you with elephantine memories may recall, for example, how the late discovery of private attorney Hillary Clinton’s billing records in a storage box reignited certain questions about Whitewater, producing an orgiastic frenzy of “Aha!” journalism on the right. That these records did more to exonerate Clinton than incriminate her was something the right didn’t usually mention.

This is what is going on now with the Biden “bribery” scandal. The allegation—that Joe Biden took a $5 million bribe from Burisma, a Ukrainian energy company—is quite old. It was revived last month by Senator Charles Grassley’s office, which said a whistleblower came forward with credible information of something or other. Then the indictment of Donald Trump sent Fox and Newsmax into heart attack mode, because, you see, the Deep State indicted Trump only to divert people from the mosh pit of corruption into which Biden was quickly sinking.

Let’s go over some old facts one more time. Clip this out, magnet it up to your fridge, keep it there for Thanksgiving, make Uncle Roy read it. We’ll do this in quasi-catechism form, with three questions.

Question 1. Why did Joe Biden fire Ukrainian prosecutor Viktor Shokin?

Right-wing allegation: Because Shokin was investigating Burisma, on whose board Hunter Biden served, and was fast zeroing in on some epic corruption that had dirtied the young Biden’s hands and probably Biden père’s too.

Real-Earth known facts: Biden was sent to Kyiv to order that Shokin be fired for his failure to launch aggressive corruption investigations—including into Burisma.

Ukraine had, in early 2014, experienced the Maidan Revolution, or the Revolution of Dignity, in which corrupt, Putin-friendly President Viktor Yanukovych was ousted from power. The pro-Western Petro Poroshenko won the subsequent presidential election. He appointed one state prosecutor who failed to pursue corruption cases. That man was fired and replaced by Shokin.

But Shokin too proved lax in pursuing such cases. Ukraine was a pretty corrupt place, and apparently no one would take on the oligarchs. This hardened group included Mykola Zlochevsky, the head of Burisma. According to this report, Ukrainian anti-corruption crusaders were pushing for Shokin to probe Zlochevsky and Burisma; the British government had requested information from Shokin’s office as part of an investigation into alleged money-laundering by Zlochevsky. Shokin, according to anti-corruption activists, ignored the U.K. request and dragged his feet generally.

In other words: Burisma (and Zlochevsky) was one of several fronts on which Shokin was failing to act. Daria Kaleniuk, executive director of the Kyiv-based Anti-Corruption Action Center, was quoted as saying: “Ironically, Joe Biden asked Shokin to leave because the prosecutor failed [to pursue] the Burisma investigation, not because Shokin was tough and active with this case.”

Furthermore, it was this failure to act, not solely on Burisma but more broadly, that convinced the Obama administration, the EU, the World Bank, and the International Monetary Fund that Shokin had to go. Biden demanded Shokin’s firing on a trip to Kyiv in December 2015. Two months later, IMF head Christine Lagarde threatened to withhold $40 billion in aid unless Ukraine took strong steps to fight corruption. Shokin was finally fired the next month.

There’s a lot more, but you get the picture. There is no evidence to suggest that Biden wanted Shokin fired because he was being too zealous in fighting corruption. And there is a mountain of evidence to suggest that pretty much the entire Western world wanted Shokin fired because he was failing to fight corruption. The truth—at least as far as we know it today—is the precise opposite of what Trumpworld contends.

Question 2. Aren’t there still a lot of unanswered questions about Biden’s role?

Right-wing allegation: Oh yes, and the American people obviously need nothing less than a thorough investigation!

Real-Earth known facts: It has been investigated. By Republicans. Twice! They turned up nothing.

One investigation was undertaken by Scott Brady, the U.S. attorney for western Pennsylvania, appointed by Trump. When the FBI first got wind of the bribery allegations in 2020, Attorney General Bill Barr appointed Brady to poke around. He interviewed Rudy Giuliani, who was busy spreading these rumors, for several hours once. But whatever Brady did or didn’t do did not end up amounting to much. He closed up his investigation without so much as issuing a report.

The other investigation was conducted by Senate Republicans. It was a joint production of the Senate Finance and Homeland Security committees, chaired, respectively, by Grassley and Ron Johnson. The report found nothing. Oh, they padded it out to 87 pages with a lot of tissuey suggestions about possible appearances of conflict and such, but they found no evidence of anything involving Joe Biden. The committees interviewed 10 witnesses, Democrats noted in a counter-report, and none of them said they knew of any instance in which Joe Biden sought to alter administration policy toward Ukraine because of his son.

Oh, yeah—this report was released in September 2020. Right before the election. If they’d found something politically useful, don’t you think we’d have heard about it nonstop in the closing weeks of the election? But we didn’t, because they didn’t. Johnson conceded before the report’s release that it would have no “massive smoking guns” and commented on the “misperception on the part of the public that there would be.” Gee, who would have been responsible for that? Ron Johnson? (Among many others.)

Question 3. I seem to recall that Trump got impeached over Ukraine. Does all this have anything to do with that?

Right-wing allegation: Only that that first impeachment was the beginning of the witch hunt of poor President Trump, designed simultaneously to hide the true corruption, which was Biden’s.

Real-Earth known facts: Yes! It’s directly tied, because Trump wanted Ukraine to drum up some phony allegations about Biden. So it is Trump and only Trump who tried to corruptly influence Ukraine.

Before America got to know Volodymyr Zelenskiy as the courageous Putin resister, they knew him as the guy on the other end of the phone line in July 2019, whom Trump tried to blackmail to find dirt on Biden. He was indirect about it; he spoke the way a mob boss speaks, as he always does, you know, Nice little country ya got dere, be a shame if anything should happen to it. But his message was crystal clear. Like: “There’s a lot of talk about Biden’s son, that Biden stopped the prosecution, and a lot of people want to find out about that, so whatever you can do with the attorney general would be great.” And: “The United States has been very, very good to Ukraine. I wouldn’t say that it’s reciprocal necessarily because things are happening that are not good but the United States has been very, very good to Ukraine.” (These are exact quotes.)

No known set of actual facts suggests that Joe Biden shut down an investigation in Ukraine. The man who headed Ukraine’s top anti-corruption unit at the time told Reuters in September 2019 that there was indeed an investigation of Burisma going on at the time, but it was “up in the air, so to speak.” And he also said that the period being investigated was 2010 to 2012—years before Hunter Biden even joined the board.

Is it possible Joe Biden took a bribe? Look, the pope smoking dope on the Cape of Good Hope is possible. But it, like Biden being corrupt, doesn’t match any set of known facts, after a Ukrainian investigation, a Senate investigation, and an investigation by a U.S. attorney all turned up bupkes. We do know, however, that another U.S. president did behave corruptly toward Ukraine. It’s the guy who’s sitting down in Florida awaiting his third and fourth indictments.

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

So Donald Trump has been indicted on seven counts related to the classified documents he took to Mar-a-Lago, the charges reportedly including violation of the Espionage Act, making false statements, and obstruction of justice. Here are some other things we know, and some things we don’t know.

We know: This is historic. A never-before development for a 247-year-old democracy that has historically shown extraordinary deference to its presidents and ex-presidents. Trump and his defenders will twist this to suggest that he’s being attacked by a weaponized “deep state.” On planet Earth, it means that Trump singularly may have (even he is still presumed innocent!) violated laws and norms that everyone else followed.

We know: There is a real and undisputed record of Trump ignoring polite requests from the FBI to cooperate in their investigation into the matter, and later stonewalling the bureau when it decided it had to stop being polite.

We know: Despite Trump’s ridiculous protestations, his flagrant disregard of classification laws makes this case very different from those of Mike Pence and Barack Obama and, most saliently, Joe Biden. Biden’s situation has not yet been resolved, and that may take some time. But it seems likely that some aides made some mistakes, and that’s what the probe will find, as it just did with Pence (I’m obviously no fan of Pence, but he, like Biden, is not a blatant lawbreaker). It will be important to keep pounding on this distinction, because Trump will hammer on it.

We don’t know: precisely what these seven counts entail and spell out. Obstruction of justice is reportedly present in those seven counts. And that’s the big deal—if Trump had said okay, you’re right, sorry, and returned the documents? Probably no case.

We don’t know: what’s in the documents Trump kept.

We don’t know: how seriously he may have compromised U.S. intelligence gathering or sources.

We don’t know: when this may go to trial. In federal court in Washington, it takes a year. In south Florida, it could all happen much faster, on the “rocket docket.” The Manhattan judge on Trump’s first indictment, brought by Manhattan DA Alvin Bragg, has already set a March 24 trial date—the thick of the later presidential primaries. What if this goes to trial around the same time? And remember, there is probably at least one more indictment coming, down in Georgia.

The key thing here is what’s in the documents. That’s where public opinion will say: Yes, this was a justified and necessary action by the federal government, or no, this is political. We know that about 35 percent of the country will view this as a witch hunt. I think a bit more, say 45 percent, will view it as justified. But that leaves 20 percent—a 20 percent that includes a lot of Trump voters. U.S. special counsel Jack Smith, who seems like one bad dude, knows what’s in the documents. I doubt he’d uncork an indictment if the documents featured talking points of condolence for the ambassador of Mongolia upon the death of the head of state.

In other words: What Trump did here is alarming, in terms of law and process. It’s also, maybe, an open-and-shut case. Former Attorney General Eric Holder told MSNBC’s Chris Hayes on Thursday night: “This is not a particularly difficult case.” That may be, legally. But politically, the American people will want to see that what Trump did was genuinely reckless. My bet is that Smith has that political horse sense. We’ll soon see.

But the bottom line here, and the One Big Thing that we know above all else? Donald Trump has had this coming. For years. This feels like justice coming.

It’s not just that he mocked and ignored the law for decades when he was in the scuzzy world of New York real estate, although it is that, to some extent. But it’s much more: He became, by means fair or foul, the president of the United States. Presidents have obligations to the people—all the people—that no one else in our system has. They have to, or certainly should, embody the best of our traditions. They should, like Biden does, genuinely and from the heart, venerate the Americans who gave their lives for this country. I have very mixed feelings about a lot of our wars. But I want the president, who by the bye is also the commander in chief, to humble himself before the memory of people who died in them. I do not want him to call them suckers and losers, as Trump did.

And they have to revere the law. This has been a given, throughout our history—until Trump. Well, Dick Nixon, but once he was caught, he, too, admitted he was wrong and surrendered power. Only Trump knows and respects no law. He got away with that when he was in the inherently sleazy business of slapping his name on casinos. But the presidency of the United States is not an inherently sleazy business. Or at least it’s not supposed to be. Trump made it that. If there is any justice left in this country, he will die in a jumpsuit that matches his cratered skin.

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

Donald Trump and Ron DeSantis are laying into each other. Trump makes his juvenile cracks about how to pronounce DeSantis’s name. Dee/DuhSantis counters by calling Trump’s jibes, well, “juvenile,” and had a bus paid for by a super PAC supporting him follow Trump across Iowa, mocking him.

Politico calls this “savagery,” or at least a “path of savagery.” That seems a little overstated to me, at least for now, but this is something new, and it’s worth thinking about: The 2024 GOP presidential primary could get mean and brittle in a way no Republican primary has been since … well, let’s think:

Since 2020? No, that was just Trump.

Since 2016? That race had its moments of bitterness, but the governing dynamic, as you may recall, was that most of the other Republicans refrained from attacking Trump on the assumption that he wouldn’t last and they would gather up his supporters. Marco Rubio notably broke from this mold and lobbed some grenades Trump’s way, but he ended up sounding more like Don Rickles than a candidate for president.

Since 2012? There were some tense moments between Mitt Romney and Rick Santorum. But the bottom line was that you never thought Romney was really going to lose.

And this is why 2024, just maybe, could be different: There just might be actual drama about the outcome.

I know it doesn’t seem that way now. Trump is way ahead. And the more people who join the race—there are seven well-known candidates now (and two no-names), and Chris Christie next week is going to make it eight—the more it favors Trump, because he is presumed to have his 30 percent, which leaves seven people splitting the other 70 percent. Even I can do that math.

But just this once let’s play around with this hypothetical. Trump is indicted by Jack Smith. That’ll be indictment number two. Then he is indicted by Fani Willis in Georgia. That’s number three. The conventional wisdom is that this will merely galvanize his supporters, and that’s surely true of many or probably most of them. But all of them?

Elections are about percentages. Sweeping statements of conventional wisdom tend to ignore this. Some percentage of Trump’s base will, in fascist fashion, adhere to him all the more loyally, and they’ll buy all the deep-state garbage he dumps into the civic bloodstream. Some percentage will basically stay with him but start to entertain some practical doubts about whether he’s the best person to send into battle. And finally, he’ll lose some percentage.

It’s anybody’s guess as to what that number is. But let’s say it’s a quarter of his base. If we’re calling his base 30 percent, that’s 7.5 percent of the electorate. That takes him down closer to 20 percent. That’s a different race.

Now throw on top of the indictments the reality that at least two candidates, DeSantis and Christie, will be attacking Trump directly. People tend to roll their eyes about Christie’s candidacy, and eye-rolling is the right response if the question is “Can he win?” But that’s the wrong question. Nobody thinks Christie can win. I very much doubt even Christie thinks he can win. No—he’s getting in to stop Trump. There’s no other rationale.

Christie’s track record with respect to Trump is a long way from consistent and admirable, and Fox will have no trouble finding clips of Christie sucking up to Trump. But lately, he’s been a consistent critic. He called Trump “Putin’s puppet.” As USA Today reported this week, Christie is basically going to camp out in New Hampshire, ignoring Iowa and other early states. The idea is obviously to try to convince New Hampshire’s sometimes prickly and unpredictable electorate to turn on Trump and stop him.

If that works, and Trump loses New Hampshire, then we have a race. The outcome will actually be in doubt, at least for a while. Christie and DeSantis, and by that time perhaps others, will lay into Trump. This will be new. What will this Trump—thrice indicted, under constant barrage of attack—be like on the campaign trail?

There really aren’t any serious fissures in the Republican Party today. It’s an ethnonationalist, anti-democratic, neofascist, anti-freedom party that really only cares about creating a moral panic over certain Americans it finds threatening to its brittle and reactionary righteousness. There’s no serious disagreement about any of that. There are merely people who are gung ho about it, and people who would prefer for various reasons to soft-pedal it. But they’re all on board with the basic program. If they weren’t, they’d nominate a candidate who opposed all that, but there is no chance of that.

The only fissure is a tactical one, over Trump. Is he the best field marshal to advance the moral panic? That’s what the 2024 primary will be about. The odds still favor it not being much of a fight. But the Trump-DeSantis pre-savagery this week, combined with Christie’s coming entry, means there’s a chance that all this could get desperately ugly next year. Make that nasty. It will already be ugly.

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

Nearly every week is a bad week for Donald Trump these days, but this week brought developments that, while extremely gratifying from my perspective, are monumentally, roaringly, Wagnerianly bad for the former guy. It now looks somewhere between probable and certain that as he seeks the presidency, Trump will be staring—at not one, not two, but three indictments—as well as at least one criminal trial, which we learned this week is going to happen in the thick of the presidential primary season.

I don’t want to speak too soon. The wheels of justice grind slowly, and they can roll very timidly where presidential office-seekers are concerned. But we’re getting closer with each passing week to being able to say that by running for and becoming president, Trump finally went too far and made his biggest mistake. If you’re a rich private citizen in this country, you can break the law all you want, short of things like actual murder, and the law might never catch up with you. But take a public office, and suddenly an entirely different set of laws applies to you, the scrutiny of your words and deeds—past and present—becomes white-hot intense, and the system takes your misdeeds far more seriously than a mere failure to pay your taxes. This can take a person who became accustomed to ignoring the law over the course of 50 years by surprise—though in fairness, it could be a big reason more white-collar criminals don’t run for president.

Let’s go through the three cases, with which you may have some familiarity. The first is the criminal indictment already unsealed, that of Manhattan DA Alvin Bragg, over the Stormy Daniels hush money and the whole National Enquirer “catch and kill” business. This week, Judge Juan Merchan (by the way, he is a native of Colombia; I’m starting an over-under pool on when Trump starts pointing this out) set the trial date for next March. Also on the schedule for next March: No fewer than 25 primaries—13 on Tuesday, March 5 (Super Tuesday), and another dozen following over the course of the month.

Picture it: It’s Tuesday, March 12. The date of the primary in the crucial state of Georgia, the state Trump most blatantly tried to steal in 2020. Ron DeSantis is in the Atlanta suburbs. Nikki Haley is in Columbus. Tim Scott is in Macon. Asa Hutchinson is in Augusta. Mike Pence is barnstorming his way from Valdosta to Albany to Vidalia. And Donald Trump is in a courtroom in Manhattan testifying, lying his brains out, as will be obvious to everyone watching except the MAGA people.

Case number two is the big one: where special prosecutor Jack Smith enters the chat. Reports came out this week that Smith could be within weeks—some say within days—of bringing charges against Trump. The Washington Post reported Thursday that two Mar-a-Lago employees moved boxes of papers the day before a June 2022 visit by FBI agents (this was not the raid—that was August—it was just a visit) looking to collect classified documents pursuant to a subpoena that May.

It could be a coincidence. (There are a lot more coincidences in this world than people think.) But it looks pretty weird. Legal experts seem to be in agreement that the classified documents situation represents Trump’s biggest legal Achilles’ Heel. And remember—Smith is also investigating Trump’s role in the January 6 attacks. We all saw Trump egg on the violence in a way that meets any human common-sense standard. But meeting a legal standard is a higher bar. So that may be harder to reach.

But the encouraging development along these lines this week? There is renewed speculation about what’s going on behind the scenes with Mark Meadows, the White House chief of staff at the time. CNN reported this week that Meadows is quietly advising the House Freedom Caucus on the debt-limit fight. But that report also noted that Meadows is no longer in touch with Trump, which has led to speculation about whether Meadows is cooperating with Smith. A former Defense Department counsel tweeted the CNN story and wrote: “If he’s cooperating, game over.” Others were skeptical that Meadows would cooperate against Trump. But prosecutors have leverage. If Meadows is cooperating, well, there’s probably no one, not even Melania, who possesses a fuller mental log of the things Trump did and said that day.

We circle back to Georgia to consider the third case: Fani Willis’s probe into Trump’s frantic search for the famous 11,780 votes he called for to be added to his short-of-Biden’s-tally total. Willis appears almost certain to bring an indictment against Trump in August, a date she announced a week ago today. (See what I mean about this being a spectacularly bad week?) This investigation has long seemed the most open-and-shut of all the cases against Trump, given that the whole world has heard him on the telephone instructing state officials to go find him the votes.

So, let’s assume indictments from Smith and Willis. When would those trials commence? In all likelihood these, too, would kick off sometime next year. (Though I suppose that maybe one will have to wait for the other; all indictments answered in the order they are received and all that,) Still, it’s just wild to imagine what this could all look like, what kind of presidential campaign we might have if one candidate is moonlighting as a semi-professional defendant.

We must, of course, admit of the possibility that the GOP will nominate Trump anyway and, by Election Day, he will be thrice acquitted.

But it sure seems more likely that a harsher outcome awaits him. Let’s just look at the post-presidential legal track record. In December 2022, the Trump Organization was found guilty on all charges of tax fraud. Earlier this month, a jury took about three minutes (okay, not literally) to agree that Trump sexually abused E. Jean Carroll. There’s a pattern here.

There remains the question of whether there’s a point at which this all becomes too much even for Republican primary voters. A third indictment may be a bridge too far; they might decide at long last that Trump’s no longer worth the trouble. But he’ll turn this into Armageddon. It will get ugly—perhaps terrifyingly so. But the end times are coming, all right—not for the world, but for Trump. If he’d stayed a private citizen, the law wouldn’t have gone to the expense and trouble of nailing him. But he became a public servant. As corrupt as our country and legal system are in many ways, you just can’t do anything you want as a public servant. The system eventually says enough. Let’s sit back and enjoy every delicious minute of watching him learn this lesson.

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