It is not common that there is a significant election and it's not our lead item of the day. But these are not normal times in which we are living.
(Z), the historian on staff, is very leery of declaring things to be the worst ever, or the most extreme example in American history, or the like, because 250+ years is a long time, and one must be wary of a presentist bias. But there is just no question that the grift that the Trump administration is trying to perpetrate, with the $1,776,000,000 slush fund, is the biggest in American history. Teapot Dome, ABSCAM, Credit Mobilier, the Bush administration's too-cozy relationship with Haliburton—they all pale in comparison. The closest thing is maybe the Burr Conspiracy, wherein former VP Aaron Burr may have tried to grab a bunch of government-owned land and to secede and form an independent country. But that was never proven and besides, even if that was the plan, it was not successful.
Anyhow, the actual settlement agreement was released late Monday, and it's a doozy. On one hand, it's crafted to create a veneer of accountability, since the funds will ostensibly be awarded by a 5-person panel, and that panel will not be appointed by Donald Trump. However, the truth of the matter is that there is no accountability at all. The 5-person panel will be appointed by Acting AG Todd Blanche, whose sole concern is pleasing his boss, and any member who does not "live up" to their responsibilities can be fired by Trump. So much for them being "independent."
All of that was already known yesterday, but now that the agreement is out there, in black and white, it's clear exactly how little accountability there really is. Here are the key terms of the agreement:
Let's put it this way: Imagine that the panel decides to award every single cent to Trump himself. That is a violation of the signed agreement, and would be plainly illegal. But how would anyone, other than Blanche and the five panel members, even know? And would any of the six people in the know do anything about the obviously fraudulent act? Clearly, the answer is "no."
But wait, there's more. On Tuesday morning, an addendum signed by Blanche himself was added to the agreement. The addendum states that the IRS must drop all audits of Trump's tax returns, and that the agency will be "FOREVER BARRED and PRECLUDED" from ever pursuing investigations of anything tax-related, from Trump or his family or his businesses, that predates the new agreement. That means that the Trumps would be off the hook for ANY tax shenanigans they've perpetrated since, well, the beginning of time. And since it's possible to file amended returns, it might even be possible for Trump to indemnify future shenanigans by stashing them in old returns. Let's also remember that this year's tax deadline has passed, which means Trump has presumably filed his returns. What if, knowing that this deal was brewing, he demanded a tax refund of $5 billion from the federal government? In theory, the government would have to give it to him, and would have no right to say "boo!"
There is arguably an even more troubling implication here. Trump could use the money, again without oversight, to fund a private militia. Between the pardon power and the $1,776,000,000.00, he could potentially make working for him as a Blackshirt very lucrative and potentially prosecution-proof. And actually, Trump doesn't really care if these folks are actually prosecution-proof. All he cares is that they THINK they are prosecution-proof, since that is enough to get them to do his bidding. And in case you think this is a little conspiratorial, well, it's not our conspiracy. It is courtesy of Rep. Jamie Raskin (D-MD).
We'll give a couple of concrete examples that speak to how very bad this smells. First, Senate Majority Leader John Thune (R-SD) came out publicly against the compensation fund yesterday, telling reporters he's "not a big fan." Thune usually plays things close to the vest, and can usually be counted upon to back Trump, so his apostasy is notable. Further, he's not just any senator, he's the majority leader. Generally, when the majority leader says something like this publicly, the subtext is "You better drop this, or you could have trouble in the Senate."
Second, Brian Morrissey is the Treasury Department's chief legal officer. Well, actually, he was the chief legal officer until yesterday, when he resigned. It is possible that the timing is just a coincidence, but that stretches credulity. And Morrissey did not blast the White House on the way out the door, so this wasn't an act of protest. That leaves us with the most plausible explanation, which is that laws and legal ethics are about to take a beating, and he doesn't want to be around for it. Going to prison and/or losing your law license is not a great outcome for someone who still has multiple decades left in their legal career.
We do not know what is going to happen next. Certainly, there will be many lawsuits, though we have no idea who will be able to establish standing. Congress could well get involved; this grift is so brazen, and the GOP would take so much punishment, that the whole thing might be a bridge too far. Whatever is going to happen, the rubber is likely to hit the road soon. Former Trump advisor/henchman Michael Caputo has already filed the first claim, and many others are sure to come rolling in soon.
Trump is betting the farm on this stunt. If it works, he will get maybe $1-2 billion and a bunch of allies. However, if the Democrats are able to tie voters' financial pain to Trump's grift, it could be a bloodbath in the Senate in November. Campaigns based on "The $2 billion Trump stole from you could have provided subsidies to make your healthcare affordable" could take off if done right. Despite all the gerrymandering, the Democrats are still favored to win the House. On account of the unforced error Trump made in the Texas Senate race yesterday (see below), the Senate is probably now 50-50. A Democratic Senate means no more judges or justices and most important, when the House impeaches Trump in 2027, there will be an extensive and well-publicized trial in the Senate with a real possibility that under public pressure, enough Republican senators will finally have had their fill of Trump and vote for conviction and banning him from ever being president again (thus ending all "third term" speculation). (Z)
Donald Trump has claimed another victim, another corpse to toss on the pile of "Republican politicians who displeased me." Following the demise of Sen. Bill Cassidy (R-LA), as well as those state senators in Indiana, the Kentucky votes are in, and relative unknown Ed Gallrein (R) has primaried Trump nemesis Rep. Thomas Massie (R-KY), 54.8% to 45.2%. In other words, it wasn't even close.
Consequently, Massie is a free agent (and see below for more). He wasn't exactly being constrained by Trump's demands before; we'll see what the Representative does now that he's got nothing to lose. In his concession speech last night, Massie decreed: "What happened today, what happened tonight, was God's will. And we have to figure out what was the purpose of having the biggest fight ever." Hard to know what that means... if anything. The result was certainly Trump's will. Maybe Massie is equating Trump with God to try to get back in his good graces.
There were quite a few meaningful contests last night, over and above the Massie race, so let's organize this by office:
That's the news for now. Next week is the big election in Texas, aka the "Requiem for Sen. John Cornyn (R-TX)." Keep reading if you don't know what we mean. (Z)
AG Ken Paxton (R-TX) entered the race for the U.S. Senate seat currently occupied by John Cornyn on November 12 of last year. There was no doubt that Cornyn would run for reelection, so Donald Trump has had 189 days to make an endorsement. He finally did so yesterday, bestowing his blessing on Paxton.
Let us explain why Trump did this before we get into the discussion of why it was all kinds of stupid. The primary driver of this hasty and impetuous act was... John Thune. Trump is very angry at Thune, because: (1) Thune refuses to fire (or get the Senate to overrule) Senate Parliamentarian Elizabeth MacDonough, so that the Senate can pass the $1 billion for Trump's balls, and (2) Thune dared to be critical of the slush fund (see above). Thune is not up this year, but he's backing Cornyn, and so poking Cornyn in the eye is a way to poke Thune in the eye, by proxy.
The other reason Trump did this is that he wants the "win." He likes to brag about his shiny batting average. Further, if Trump can take down two sitting senators in 2 weeks, not to mention Thomas Massie, then he hopes and believes the remaining senators will tremble at the mere mention of his name. Controlling the House is not such a problem for the Donald, since Speaker Mike Johnson (R-LA) is an obedient lapdog, and since most House Republicans are too scared to break ranks. Getting the Senate to do Trump's bidding is much harder, because of arcana like the filibuster.
And now we move on to the "What a moron!" part of the discussion. Here is a list of the most obvious ways in which this was a very foolish move by Trump:
The polling of the Republican primary has been inconsistent, but there have basically been two types of results: (1) Paxton and Cornyn are neck-and-neck (4 of the 6 recent polls of the race), or (2) Paxton has a double-digit lead (the other 2 recent polls of the race, and the 2 most recent polls overall). With Trump on board, Paxton is now the overwhelming favorite to finish Cornyn off next Tuesday.
Meanwhile, Democratic nominee James Talarico (there was no runoff needed in his primary) has been cooling his jets and collecting lots of money. He has almost five times as much cash on hand as Paxton (about $10 million as compared to $2 million), and he's led in four of the last five polls of the hypothetical general election matchup with Paxton (and was tied in the fifth). So, Democrats have reason to be cautiously optimistic that this is finally the year the blue team breaks through in the Lone Star State. (Z & V)
We've already talked a lot about Senate races; let's talk about one more before we wrap it up for the day. Graham Platner, the would-be U.S. Senator from Maine, has another social-media-related scandal on his hands. Fox, that bastion of quality journalism, managed to lay hands on some Reddit posts that Platner wrote in the r/USMC forum several years back, Reddit posts that the Fox headline describes as "crude."
We certainly do not dispute that characterization. For example, while deployed to Afghanistan, Platner saw a phallic drawing on the inside of a porta-potty. And in 2021, he gave his ribald "review" of the "art" in an r/USMC subreddit specifically set up for this particular subject, namely GWOT Di** Art. In case you are wondering what the "GWOT" means, it stands for "Global War on Terror."
It would be very hard to convey how very little we care about this revelation. First of all, the whole point of Reddit, pretty much, is that it's edgy. Everyone on there is trying to impress everyone else on there with how edgy they are. Plus, Platner is a U.S. Marine. And he was deployed in a combat zone. If anyone is surprised that the conversation wasn't exactly G-rated, then that person clearly hasn't known many Marines. Or combat veterans. Indeed, what Platner wrote was actually on the tame end of the scale by jarhead standards.
So, if we are utterly unimpressed, why are we passing this news along? Because we assume that there are many folks out there—right-wing media, the oppo research staff of Sen. Susan Collins (R-ME), the DSCC (until recently), the general media—looking under every rock for dirt on Platner. If this is the best that any of them can come up with, then it suggests to us that there aren't many skeletons left out there. Platner has already overcome the Nazi tattoo, by all indications, and the edgy Twitter posts, and we are confident he will quickly overcome the edgy Reddit posts, too. That means that the Maine U.S. Senate election will be decided primarily on the merits of the two candidates. Which, we would say, is not good news for Collins. (Z)
TACO—Trump Always Chickens Out—is particularly apt these days, when it comes to the Iran war. It's accurate as metaphor, because Donald Trump wilted once again this week after threatening to unleash armageddon on Iran. And it's very nearly accurate in a literal sense, because he's running around like a chicken with its head cut off.
To start with, on Sunday night, the Commander-in-Chief posted this to his gallinaceous social media platform:
For Iran, the Clock is Ticking, and they better get moving, FAST, or there won't be anything left of them. TIME IS OF THE ESSENCE! President DJT
This has to be what, the fifth or sixth time that Trump has hinted at either a nuclear strike, or a genocide of the Iranian people, or both?
We do not know who these messages are intended for. It can't be the Iranians, can it? They're not going to surrender just because Trump shook his fist at some clouds. Whoever the intended audience is, whether the Ayatollahs or someone else, nobody takes such verbiage from Trump seriously anymore. After all, TACO. And indeed, it took less than half a day before he backed off, at the "request" of Middle Eastern leaders. Trump said that he'll probably order the attack next week. Yeah, sure. And he'll also gladly pay you Tuesday for a hamburger today.
This is not to say that Trump won't order an attack on Iran. He might, since he's got few other options, beyond running from Iran as fast as he can with his tail between his legs. Our point is that Trump is the world's worst poker player. Whenever he shows strength, he's bluffing. When he's quiet, THAT is when he might have something. Ipso facto, Trump bluster not only doesn't impress anyone, it pretty much makes clear that he's got 2-7 offsuit, and that he has no intention of pushing all-in.
That said, if Trump does try to attack Iran, he's got some pretty serious issues to be worried about. Such an attack would be very unpopular politically, and would commit him even more fully to the Iran War than is already the case. Further, the Pentagon is running out of smart missiles, and has awarded no new munitions contracts. So, Trump might not have the firepower to hit Iran again, unless he's willing to go nuclear, which would open up several additional unpleasant kettles of fish.
On the other hand, idling in neutral is not working so well for Trump right now, either. The first problem is that Congress is getting rambunctious. They know the deadline established by the War Powers Act has long been exceeded, and they are increasingly inclined to do something about it. Late last week, a bill that would rein Trump in failed to clear the House by the narrowest of margins, 212-212, with three Republicans (all in swingy districts) crossing the aisle to vote with the Democrats.
Yesterday, meanwhile, the Senate voted 50-47 to bring a similar measure to the floor of that chamber. This is far from the first time that this has been attempted, but now there are four Republican senators voting for the measure, up from three in previous weeks. The three GOP stalwarts are Susan Collins (ME), Lisa Murkowski (AK) and Rand Paul (KY). The new arrival at the party is... Bill Cassidy (LA). With John Fetterman (PA) crossing the aisle to vote with the Republicans, it means that just one more Republican defector is needed once the bill comes up for a vote. John Cornyn, perhaps?
On top of that, Trump says he does not care about Americans' pocketbooks. We don't know if that's true, but we do know that Americans care about their own pocketbooks, and that they will punish Republicans at the polls if the economy remains topsy-turvy over the next few months. Consequently, non-Trump Republicans, at least the ones up this year, also care about Americans' pocketbooks.
And the news on the economic front is... troubling. Starting with gas, because it's an obvious indicator that nearly everyone notices, the national price per gallon, on average, is $4.55/gal. This is up about a nickel from a week ago, and is up about 50 cents from a month ago. And the experts say that $5/gallon is likely just a matter of time.
And the gasbag's gas-bag-of-tricks is effectively empty. Trump ordered the largest one-week release of oil from the Strategic Petroleum Reserve in U.S. history last week, and... it did not make a dent. Trump and Sen. Josh Hawley (R-MO) are pushing to suspend the federal gas tax, but even if they are successful (far from a sure thing), the average driver would save about $9 a month. Hardly something to write home about.
But while gas is most noticeable to the average Joe and Jill, the more important indicator is certainly 30-year US Treasury yields, since those affect the entire economy, including interest rates, inflation, the stock market, etc. Right now, yields are at a 19-year high—in other words, the highest they have been since the Great Recession. This means it is more expensive for the government to borrow money, and thus more expensive for the government to pay its bills.
The executive summary is this: Trump can't back down because of his ego, and because of questions like "So, what exactly did we waste all that money and all those soldiers' lives for?" He can't move forward because it's not likely to work, and he doesn't have the munitions. And he can't keep doing nothing, because Congress is getting antsy and the economy is going off the rails. He's created quite a Gordian knot for himself, despite the fact that he undoubtedly has no idea what a Gordian knot even is. (Z)