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Lawless rogue in hissy fit undermines security and law

The “lawless rogue” characterization I’ve lifted from Barry MacCaffrey, a retired American four-star who isn’t mincing words. They are appropriate for a president who has been issuing pardons outside the usual vetting process mostly for people who in no way merit them, including mass murderers and corrupt former members of Congress. Not to mention Jared Kushner’s father, whose hiring of a prostitute to embarrass his brother-in-law and prevent his sister from testifying against him is a crime for the morally depraved record books.

But it’s the hissy fit part that counts for most Americans. Trump has vetoed the annual National Defense Authorization Act, which has for 58 years expressed the Congress’ views on current and future defense issues. The President’s motives are unclear: he has variously cited its elimination of Confederate names from military bases, what he alleges is its softness on China (it isn’t), and its failure to deprive social media companies of legal protection from lawsuits, a completely unrelated issue arising from the warnings Twitter posts on his lies. If the protection were abolished, Twitter would be likely to banish Trump altogether, so how this would help the President isn’t clear. Among many other things, the veto will delay combat pay for some American troops serving abroad. Add that to the President’s failure so far to respond appropriately to Russia’s cyber hack of government and company computer networks.

Trump is also refusing to sign the latest corona virus relief legislation. It is not clear whether he will veto it, but if he does many tens of millions of Americans will see delays in payments already approved by Congress and millions more will be subject to eviction from their homes. The President objects to the $900 billion bill because he wants higher relief payments, but he failed to instruct his negotiators accordingly during the 7 months or so it took to reach agreement. He also objects to some annual appropriations attached to the legislation, including items proposed in his own budget message to Congress. The Democrats, who from the first wanted higher payments, offered to approve the President’s preference by unanimous consent (the only way to amend a bill already approved by both houses), but Republicans objected.

Trump has now retired to Mar-a-Lago to play golf and presumably issue more pardons focused mainly on supporters, potential supporters, and family members. The most disgraceful so far are the pardons issued to four Blackwater security guards who gunned down unarmed civilians in Iraq. I suppose more of that variety are possible, but more likely he will now concentrate clemency on his children, their spouses, and himself.

Whether accepting pardons legally implies guilt is still debated, despite a 1915 Supreme Court decision, but the implication is strong. Blanket pardons from possible future prosecution, like the one President Ford gave resigned President Nixon, leave uncertain precisely what the recipient was guilty of and essentially put individuals above the law (at least at the Federal level–they could still be prosecuted at the state level). It is inconceivable to me that the courts will uphold a pardon of that sort given by Trump to Trump. That would constitute the definition of corruption: abuse of public office for private gain.

One thing is clear: such vague pardons undermine the rule of law, just as veto of the defense authorization undermines national security and failure to sign the corona virus bill will undermine public order by making desperate people even more desperate. Trump is trying to sink the ship of state before his successor can take over. He won’t succeed, but he is doing a lot of damage, not least to the Republicans who are mostly still trying to stay loyal as he twists and turns in ever more outrageous directions. Bah, humbug, is Trump’s Christmas greeting, to them and to the rest of the country.