Trump is the Revenge of the Mediocre | The Bulwark Podcast
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Quick Read
Summary
Takeaways
- ❖Donald Trump is reportedly poised to settle a $10 billion lawsuit against the IRS for $1.7 billion, which would be directed into a slush fund for his political allies.
- ❖Andrew Weissman likens Trump's proposed $1.7 billion settlement with the IRS to outright theft of taxpayer money, highlighting the lack of legal precedent or oversight for such a maneuver.
- ❖The Supreme Court's recent decisions have effectively gutted the Voting Rights Act, leaving little legal path forward against intentional racial discrimination in redistricting.
- ❖FBI Director Cash Patel is criticized for misusing official resources for personal leisure, including a VIP snorkeling trip and jet-skiing, contrasting sharply with previous directors' conduct.
- ❖Weissman's book, 'Liars Kingdom,' argues for civil and criminal accountability for politicians who intentionally lie, challenging the notion that such speech is fully protected by free speech doctrines.
- ❖The 'marketplace of ideas' model for truth is failing due to media bubbles, making it harder for the public to discern political lies.
- ❖New York state laws offer models for accountability, including automatic removal from office or permanent prohibition from running for office for certain crimes.
Insights
1Trump's Alleged $1.7 Billion Taxpayer Slush Fund
Reports indicate Donald Trump is set to drop his $10 billion emotional distress lawsuit against the IRS in exchange for a $1.7 billion settlement. This money, from taxpayer dollars, is reportedly intended for a 'slush fund' to be distributed to allies who claim to have been 'targeted' by the Biden administration. Andrew Weissman asserts this is indistinguishable from theft and represents unprecedented corruption, circumventing legal channels by settling with himself.
ABC News report on Trump's lawsuit settlement; Weissman's legal interpretation of the action.
2Gutting of the Voting Rights Act and Gerrymandering
The Supreme Court's recent decision has severely weakened the Voting Rights Act, leaving almost no legal path to challenge racial gerrymandering. While some states might not implement maximum damage this cycle due to timing, the ruling allows for intentional discrimination, such as dividing Black voters into multiple districts to dilute their power, as seen in Tennessee. The Court's stance, particularly Justice Alito's, suggests that political motivation (Republicans wanting to win) can be separated from racial discrimination, even when one is a proxy for the other.
Discussion of the Voting Rights Act decision, specific examples from Tennessee and Louisiana, and Justice Alito's stated views.
3FBI Director Cash Patel's Misuse of Office
FBI Director Cash Patel is accused of using official resources for personal leisure, including a VIP snorkeling trip organized by the Navy in Honolulu and a jet-skiing sojourn during a Five Eyes meeting. This behavior is contrasted sharply with the rigorous, 24/7 dedication of previous FBI directors like Robert Mueller and James Comey, who meticulously documented official travel and avoided personal use of government assets. Patel's actions suggest a lack of seriousness and potential self-protection, including investigations into leaks of embarrassing, unclassified information.
AP news story based on FOIA request regarding Patel's Honolulu trip, comparison to Comey and Mueller's conduct, and internal investigations into leaks.
4Legal Accountability for Political Lies
Andrew Weissman's book, 'Liars Kingdom,' explores the paradox that while lying is criminalized in many contexts (e.g., to Congress, in financial fraud, defamation), there is no federal civil or criminal accountability for politicians who lie to the public. He argues that 'false speech is not protected in and of itself' under free speech doctrines, citing examples like Rudy Giuliani's defamation liability. Weissman suggests reforms such as criminalizing intentional material lies by politicians or requiring them to certify the truthfulness of their filings, noting that politicians like Trump are keenly aware of where their lies are not legally actionable.
Weissman's explanation of his book's premise, examples of Roger Stone, Enron leaders, and Rudy Giuliani, and proposed legal reforms.
Bottom Line
The Atlantic should 'call Cash Patel's bluff' by demanding an immediate trial in his defamation lawsuit, rather than pursuing safe dismissal motions.
This aggressive strategy could expose Patel's alleged misconduct and the frivolous nature of his lawsuit in public, potentially embarrassing him before his 'audience of one' (Donald Trump) and setting a precedent for media outlets facing similar political intimidation tactics.
Media organizations can adopt a more proactive and aggressive legal stance against politically motivated defamation suits, using the discovery process to expose truth and deter future frivolous litigation, thereby protecting journalistic integrity and public discourse.
The Trump administration strategically times controversial policy implementations and judicial actions to avoid political backlash during critical election periods.
This suggests that highly contentious issues, such as overt anti-abortion schemes or Supreme Court retirements, are deliberately withheld or delayed until after midterms to prevent mobilizing opposition voters, indicating a calculated political play rather than a consistent ideological agenda.
Voters and political strategists should anticipate and prepare for significant policy shifts and judicial appointments immediately following elections, recognizing that these periods may be used to push through unpopular agendas when public attention or political leverage is perceived to be lower.
Key Concepts
Marketplace of Ideas
The concept that truth will emerge from the competition of ideas in free, public discourse. The podcast argues this model is failing due to media bubbles and the deliberate spread of misinformation, making it difficult for the public to discern truth from political lies.
Obeying in Advance
A phenomenon where individuals self-censor or avoid certain actions not because they are currently illegal, but out of fear of potential future legal or political repercussions, even if those actions are legitimate or protected.
Lessons
- Stay informed about local and national political corruption, especially regarding the misuse of taxpayer funds, and demand accountability from elected officials.
- Support organizations working to protect voting rights and challenge gerrymandering, as the legal avenues for recourse have been significantly curtailed.
- Advocate for legal reforms that hold politicians accountable for intentional lies, drawing inspiration from existing state laws and international precedents to strengthen democratic integrity.
Strategy for Media Outlets Facing Frivolous Defamation Lawsuits from Political Figures
Reject the 'safe' strategy of solely filing motions to dismiss; instead, 'call the bluff' of the plaintiff.
Demand an immediate trial and initiate aggressive discovery, including deposing the plaintiff and their witnesses.
Leverage the public nature of the trial and discovery process to expose the truth and the frivolousness of the lawsuit, especially if the plaintiff's claims are weak.
Aim to not only win the case but also to create public embarrassment for the plaintiff and deter future politically motivated lawsuits against the media.
Notable Moments
Discussion of Andrew Paul Johnson, a January 6th rioter pardoned by Trump, who later reaffended with child sexual abuse and tried to silence victims by promising them money from a Trump administration settlement.
This chilling anecdote illustrates the profound moral decay and dangerous consequences of political pardons and the normalization of lies, showing how false promises of restitution can be weaponized even in horrific criminal acts.
The IMF Managing Director's photo of a G20 meeting with 24 men and no women, labeled 'the end of the meritocracy.'
This visual powerfully highlights the ongoing issues of sexism and lack of diversity at the highest levels of global economic and political power, contrasting sharply with claims of meritocracy and progressive values.
Quotes
"What is the difference between this and theft? I mean, why not just go into Fort Knox, take the gold, and give it out?"
"The president cannot receive any other emolument from the United States federal government or state government. According to Alexander Hamilton, Federalist 73, this prevents Congress from using financial incentives to corrupt the president's integrity."
"It's like that did not happen. The people who were assaulting are the victims and the people who are trying to stop them are the bad guys. And that's why we're paying this money."
"It's at least, at least he's not, you don't have somebody who is immature and inexperienced dealing with adult matters."
"Why is it that we do not, in the United States, at least at the federal level, have any sanction, civil or criminal, for candidates or politicians who lie to us?"
Q&A
Recent Questions
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