The Lawless Presidency

By David Leonhardt, New York Times, June 6, 2017

Excerpt – Democracy isn’t possible without the rule of law — the idea that consistent principles, rather than a ruler’s whims, govern society…. Even amid bitter fights over what the law should say, both Democrats and Republicans have generally accepted the rule of law. President Trump does not. His rejection of it distinguishes him from any other modern American leader…Trump’s view of the law, quite simply, violates American traditions. The behavior has no precedent. “Trump and his administration are flagrantly violating ethics laws,” the former top ethics advisers to George W. Bush and Barack Obama have written. Their attitude is clear: If we’re doing it, it’s O.K.

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Democracy isn’t possible without the rule of law — the idea that consistent principles, rather than a ruler’s whims, govern society.

You can read Aristotle, Montesquieu, John Locke or the Declaration of Independence on this point. You can also look at decades of American history. Even amid bitter fights over what the law should say, both Democrats and Republicans have generally accepted the rule of law.

President Trump does not. His rejection of it distinguishes him from any other modern American leader. He has instead flirted with Louis XIV’s notion of “L’état, c’est moi”: The state is me — and I’ll decide which laws to follow.

This attitude returns to the fore this week, with James Comey scheduled to testify on Thursday about Trump’s attempts to stifle an F.B.I. investigation. I realize that many people are exhausted by Trump outrages, some of which resemble mere buffoonery. But I think it’s important to step back and connect the dots among his many rejections of the rule of law.

They are a pattern of his presidency, one that the judicial system, Congress, civic institutions and principled members of Trump’s own administration need to resist. Trump’s view of the law, quite simply, violates American traditions.

Trump has erased this distinction.

He pressured Comey to drop the investigation of Trump’s campaign and fired Comey when he refused. Trump has called for specific prosecutions, first of Hillary Clinton and more recently of leakers.

The attorney general, Jeff Sessions, is part of the problem. He is supposed to be the nation’s head law-enforcement official, but acts as a Trump loyalist. He recently held a briefing in the White House press room — “a jaw-dropping violation of norms,” as Slate’s Leon Neyfakh wrote. Sessions has proclaimed, “This is the Trump era.”

Like Trump, he sees little distinction between the enforcement of the law and the interests of the president.

COURTS, UNDERMINED. Past administrations have respected the judiciary as having the final word on the law. Trump has tried to delegitimize almost any judge who disagrees with him.

His latest Twitter tantrum, on Monday, took a swipe at “the courts” over his stymied travel ban.

Let’s walk through the major themes:

LAW ENFORCEMENT, POLITICIZED. People in federal law enforcement take pride in trying to remain apart from politics. I’ve been talking lately with past Justice Department appointees, from both parties, and they speak in almost identical terms.

They view the Justice Department as more independent than, say, the State or Treasury Departments. The Justice Department works with the rest of the administration on policy matters, but keeps its distance on law enforcement. That’s why White House officials aren’t supposed to pick up the phone and call whomever they want at the department. There is a careful process.

It joined a long list of his judge insults: “this so-called judge”; “a single, unelected district judge”; “ridiculous”; “so political”; “terrible”; “a hater of Donald Trump”; “essentially takes law-enforcement away from our country”; “THE SECURITY OF OUR NATION IS AT STAKE!”

“What’s unusual is he’s essentially challenging the legitimacy of the court’s role,” the legal scholar Charles Geyh told The Washington Post. Trump’s message, Geyh said, was: “I should be able to do what I choose.”

TEAM TRUMP, ABOVE THE LAW. Foreign governments speed up trademark applications from Trump businesses. Foreign officials curry favor by staying at his hotel. A senior administration official urges people to buy Ivanka Trump’s clothing. The president violates bipartisan tradition by refusing to release his tax returns, thus shrouding his conflicts.

The behavior has no precedent. “Trump and his administration are flagrantly violating ethics laws,” the former top ethics advisers to George W. Bush and Barack Obama have written.

Again, the problems extend beyond the Trump family. Tom Price, the secretary of health and human services, has used political office to enrich himself. Sessions failed to disclose previous meetings with Russian officials.

Their attitude is clear: If we’re doing it, it’s O.K.

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