More stories

  • in

    Trump pardons debase the presidency further – and he can and will go lower | Lloyd Green

    With hours to spare before Christmas, Donald Trump has delivered pardons to Paul Manafort, Roger Stone, Charlie Kushner, a passel of war criminals and a bent congressman or two. There is no reason to believe our “law and order” president’s pardon binge is over. Too many people in his immediate orbit remain exposed to future prosecution, including the president himself.Come noon on 20 January 2021, Trump and his inner circle will be private citizens again. Devoid of legal immunity, stripped of the air of invincibility, they become fair game for federal and local law enforcement alike. The potential for prison hovers over them like the Ghost of Christmas Yet to Come.Cyrus Vance, Manhattan’s district attorney, is circling Trump and his business. Eric Trump has testified at a court-ordered deposition conducted by New York’s attorney general. As for federal prosecutors in the southern district of New York, they labeled Trump an unindicted co-conspirator in the case of Michael Cohen. The statute of limitations has not expired.And then there is Rudy Giuliani, the president’s personal lawyer. According to reports, he remains on the radar of federal law enforcement in connection with possible election law violations, and doesn’t like it one bit. On Wednesday Giuliani lashed out, calling investigators “secret police” and accusing them of toadying to Joe Biden, the president-elect. Trump has gone so far as to unequivocally claim authority to pardon himself, something Nixon refused to doIn case anyone needs reminding, once upon a time Giuliani was the No3 lawyer at the justice department and US attorney for the southern district. Back then, he was viewed as one of the good guys. As it happens, he prosecuted Marc Rich, the recipient of an infamous pardon from Bill Clinton. But as the Lincoln Project’s Rick Wilson repeatedly remarks, everything Trump touches dies.The list doesn’t end with Rudy. The justice department and the Federal Election Commission may soon want to talk to Jared Kushner, the president’s son-in-law, about his role in the Trump re-election campaign.Reportedly, Kushner was a driving force in establishing a shell company, American Made Media Consultants, which made shrouded payments to Trump family members and friends. Indeed, Kushner purportedly directed Lara Trump, the wife of Eric Trump, John Pence, the vice-president’s nephew, and the campaign’s chief financial officer to serve on the shell company board.Think of it as the Trump Organization 2.0. Or the deep campaign.In the end, AMMC spent nearly half of the campaign’s war chest, with payments going to Kimberly Guilfoyle, Donald Trump Jr’s girlfriend, and Lara Trump, who is now contemplating a Senate run in North Carolina. Suffice to say, the legality of this opaque arrangement is unclear.Three House Democrats have requested investigations by the Department of Justice and the FEC. Without a pardon, Jared’s fate will rest in the hands of a Biden DoJ. Said differently, Hunter Biden is not the only person with a troubled road ahead.The constitution confers the pardon power upon the president, and the circumstances of its use speak volumes about the occupant of the Oval Office. Whether a president may pardon himself has yet to be legally tested.Richard Nixon resigned rather than face impeachment by the House and almost certain conviction in the Senate. In August 1974, he left office without pardoning himself or those convicted in the Watergate scandal. Instead, Gerald Ford issued a pardon to his former boss.Trump is no Nixon. In so many ways. The 45th president has gone so far as to unequivocally claim authority to pardon himself, something Nixon refused to do.By any measure, Trump has set a new standard for debasing the presidency. As he stares at an ignominious exit, the ex-reality show host has even managed to make Clinton’s pardon of Rich look quaint. And that takes effort.Yet unlike the Clinton pardon of Rich, a fugitive financier, which sparked a review by James Comey and a barrage of Republican condemnation, among the GOP in Congress Trump’s pardons have elicited little more than a yawn. With the exception of Senator Ben Sasse of Nebraska, who called the pardons “rotten to the core”, they have been met with a collective shrug. None of this should come as a surprise. Trump has recreated the GOP in his image. Republicans know he commands the party’s base, and they stand one primary away from oblivion. In the end, what’s a pardon between friends? More

  • in

    Death penalty kills belief that people can change | Letters

    Austin Sarat writes powerfully about the Trump administration’s rush to execute federal prisoners (Trump is spending the last days of his presidency on a literal killing spree, 15 December). In the past weeks, it was Brandon Bernard and Alfred Bourgeois. Next in line are Lisa Montgomery, Corey Johnson and Dustin Higgs.
    Joe Biden proposes to introduce legislation to abolish the federal death penalty. This will take time and its success is not guaranteed. But there is something he could do as soon as he takes office. This is to use his clemency power to spare the lives of the 50 or so individuals who will remain on federal death row. I estimate that it would take him four minutes to sign the required notices of commutation. This would ensure that the trail of bodies Sarat describes could not grow any longer.
    Is it too much to hope that Biden will set aside the time to do this during his first 100 days? It would be a magnificent gesture. Prof Ian O’Donnell School of Law, University College Dublin
    • When my friend, Brandon Bernard, was executed this month, he was a different man from the 18-year-old accessory to a double-murder (Trump administration puts Brandon Bernard to death amid rushed series of executions, 11 December). Spending two decades in solitary confinement changed him. Brandon never had a single infraction on death row. He did church youth outreach to help teens make better choices in life.
    He taught me many life lessons. To be open-hearted yet level-headed. To remain calm and patient. To be respectful and thoughtful and an attentive listener. To be kind. To live with a sense of optimism like one I’ve never witnessed. I want to hate the sin, but forgive the sinner after a horrible mistake and two decades of regret and reform. Martin Luther King Jr said “violence begets violence” and that holds true when the violence is committed by the government. Brandon became a beautiful person. When we killed Brandon, we killed the belief that one can change. Jen Wasserstein Washington DC, US
    • It has long been my view that any country that condones judicial murder in the name of justice cannot be deemed civilised. Suellen Pedley Stanford in the Vale, Oxfordshire More

  • in

    'It is serious and intense': white supremacist domestic terror threat looms large in US

    On 6 October Chad Wolf, the acting secretary of homeland security, released his department’s annual assessment of violent threats to the nation. Analysts didn’t have to dig deep into the assessment to discover its alarming content.In a foreword, Wolf wrote that he was “particularly concerned about white supremacist violent extremists who have been exceptionally lethal in their abhorrent, targeted attacks in recent years. [They] seek to force ideological change in the United States through violence, death, and destruction.”Two days later, the FBI swooped. It arrested 13 rightwing extremists who had allegedly been plotting to carry out a range of attacks in Michigan, including the kidnapping of Democratic governor Gretchen Whitmer.Later revelations revealed that a group of anti-government paramilitaries that included some of those arrested had also discussed kidnapping the governor of Virginia.The double strike, just days apart, of the threat assessment and the Michigan plot arrests marked an important moment in America’s tortured history of racist terrorism. US authorities appeared not only to have woken up finally to the extent of the white supremacist threat but were actually doing something about it.As the FBI director Christopher Wray told Congress in February, “racially and ethnically motivated violent extremists” have become the “primary source of ideologically-motivated lethal incidents” in the US. The danger overshadowed the jihadist threat that has dominated the security debate since 9/11.Last year was the deadliest on record for domestic extremist violence since the Oklahoma City bombing of 1995. White supremacists were responsible for most of that bloodshed in 2019 – 39 out of 48 deaths, including 23 people who died at the hands of an anti-Hispanic racist in El Paso, Texas, and a Jewish worshipper murdered at Poway Synagogue in California. More

  • in

    Jacob Blake family reject 'orange man in the White House' as Trump tours nearby

    As Donald Trump toured parts of the Wisconsin city of Kenosha on Tuesday – against the wishes of local government officials – the family of Jacob Blake, the young Black father now paralyzed after being shot by city police, had a message for the visiting US president.Justin Blake, Jacob’s uncle, kicked off a community party on the same Kenosha block where his nephew was shot multiple times in the back by a police officer. The shooting triggered yet another harsh examination of US police practices and led to the gun deaths of two protesters, killed by a white militia supporter last week.“We’re not going to let anyone smudge my nephew’s name,” said Justin Blake, as Trump held court elsewhere with local law enforcement and criticized the protesters who had taken to streets after the shooting.“We don’t have any words for the orange man in the White House,” Blake added.Trump’s visit came to a town at the center of US politics following Blake’s shooting, the nights of protest and vandalism that it triggered, and finally the deaths of two protesters allegedly at the hands of Kyle Rittenhouse, who now stands charged with murder.Trump had billed his trip to Kenosha as a unifying move, but Blake’s family declined to meet with him and his schedule was dominated by meetings with local police officials and business leaders. He toured damaged property and paid far more attention to the destruction than to the police shooting that preceded it.To many residents, especially Black citizens, Trump’s visit was roundly unwelcome, echoing the local mayor, John Antaramian, and Wisconsin governor, Tony Evers, who had asked the president not to come. At the local courthouse, about 100 Trump supporters and a similar number of Black Lives Matter supporters traded chants back and forth. About 50 yards away, members of the national guard sat laughing and joking behind the courthouse wall.Jacob Ansari, a 42-year-old IT security adviser, wore a shirt depicting the Republican party being thrown into the trash. He said: “The president has no business being here and inflaming tension. He’s riling up his supporters and bringing in all these people who aren’t wearing masks and who have the potential to incite more violence.”He added: “People frame everything around broken windows and property, and not the actual human lives that are being hurt by bad cops and white supremacists. I think we all need to come out and stand up in this moment and say that none of this is OK. It’s not OK for the president to come out and whip up his potentially violent supporters.” More

  • in

    James Comey: ex-Trump adviser Steve Bannon 'in a world of trouble'

    The former FBI director James Comey has said Steve Bannon is “in a world of trouble”, after the former Trump campaign manager and White House adviser was arrested on a charge of skimming donations from a fundraising campaign for a wall on the border with Mexico.“It’s another reminder of the kind of people this president surrounds himself with,” Comey told CBS’s Face the Nation on Sunday.Bannon is the latest figure with close ties to the president to have found himself in trouble with the law. Others include former campaign chair Paul Manafort, former lawyer Michael Cohen and former national security adviser Michael Flynn.Comey is also a former US attorney for Southern District of New York, where Bannon was indicted last week.“At this point they could almost start their own crime family,” Comey told CBS, echoing the passage in his book A Higher Loyalty, released in April 2018, in which he famously likened Trump, who fired him in May 2017, to mafia chiefs including Sammy “the Bull” Gravano.“It’s a very serious case. The southern district of New York has laid it out in a very detailed indictment called a speaking indictment, and he’s in a world of trouble.”Bannon has pleaded not guilty and faces up to 20 years in jail if convicted.“It’s a very serious fraud case with a huge amount of money stolen from innocent victims,” Comey said. “That’ll drive up potential punishments.”Bannon was released on a $5m bond, backed by $1.75m in cash or real estate. He has until 3 September to find the collateral. Three other men, Brian Kolfage, Andrew Badolato and Timothy Shea, were also arrested in the alleged scheme to defraud the We Build the Wall campaign, which authorities said raised more than $25m.Kolfage, Badolato and Shea have not yet entered pleas. In a statement on his Facebook page on Saturday, Kolfage said he had “obtained one of the best super lawyers around who isn’t afraid to fight back at the politically motivated assaults against me”.Bannon, Comey said, was “in trouble because the indictment lays it out in such detail, including excerpts from texts. If you’re Steve Bannon [or] you’re his lawyers, you’re reading this saying, ‘I’m going down here.’“I don’t know what the next steps are for him and his co-defendants, but that’s what I meant by ‘world of trouble.’”Comey has proved a troublesome adversary for Trump, who sought unsuccessfully, and infamously, to secure a pledge of personal loyalty before deciding to fire him as FBI director.Comey recently announced a new book, Saving Justice: Truth, Transparency, and Trust, due for release in January. Also in January, after the presidential election, Showtime will release The Comey Rule, a two-part adaptation of A Higher Loyalty.Comey is played by Jeff Daniels, Trump by the Irish actor Brendan Gleeson. In published cast lists, Bannon does not appear. More