Chattanooga Times Free Press

THE LAWLESS PRESIDENCY

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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 Donald Trump does not. He has instead flirted with Louis XVI’s notion of “L’etat, 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 FBI investigat­ion. I think it’s important to connect the dots among his many rejections of the rule of law.

They are a pattern of his presidency. Trump’s view of the law, quite simply, violates American traditions.

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.

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

› 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. 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.”

› 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.

› Citizens, unequal. Trump and his circle treat themselves as having a privileged status under the law. And not everyone else is equal, either.

In a frightenin­g echo of despots, Trump has signaled that he accepts democracy only when it suits him. Remember when he said, “I will totally accept the results of this great and historic presidenti­al election — if I win”?

The larger message is that people who support him are fully American, and people who don’t are something less. He tells elaborate lies about voter fraud by those who oppose him, especially African-Americans and Latinos. Then he uses those lies to justify measures that restrict their voting.

Trump frequently nods toward that idea in other ways, too. He still largely ignores the victims of terrorism committed by white nationalis­ts.

› Truth, monopolize­d. The consistent applicatio­n of laws requires a consistent set of facts on which a society can agree. The Trump administra­tion is trying to undermine the very idea of facts.

The one encouragin­g part of the rule-of-law emergency is the response from many other parts of society. Although congressio­nal Republican­s have largely lain down for Trump, judges — both Republican and Democratic appointees — have not. Neither have Comey, the FBI, the CBO, the media or others. As a result, the United States remains a long way from authoritar­ianism.

Unfortunat­ely, Trump shows no signs of letting up. Don’t assume he will fail just because his actions are so far outside the American mainstream. The rule of law depends on a society’s willingnes­s to stand up for it when it’s under threat. This is our time of testing.

 ??  ?? David Leonhardt
David Leonhardt

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