TRUMPIAN JUSTICE: OUR CLEAR AND PRESENT DANGER

Like a drunk progressing from slurred speech to crashing the family car, the presidency this week continued its rapid descent toward rock bottom. Regardless of your politics, is there anyone out there who wasn’t jarred – at least a little bit – to hear our president praise a convicted felon for refusing to cooperate with the federal government he defrauded? Sure, Paul Manafort was Donald Trump’s campaign chairman, but historically presidents have paid fealty to the law, not to the lawbreakers.

The president, after all, is the chief executive of that federal government, including its Department of Justice, which, a few days ago, Trump called a “joke”. This is totally contrary to those civics textbooks now welcoming students back to school. No president has ever repudiated his justice department. We inch ever closer to a constitutional crisis.

Here’s how fast we’ve fallen: In April of 2017, legal scholars expressed outrage when Trump accused a former Obama aide of having committed a crime. Since the justice department reports to the president, such a declaration of guilt without due process was seen by numerous observers as a flagrant abuse of presidential power and possible grounds for impeachment. They noted, as summarized in this space back then, that many similar slips of the presidential tongue over the years were immediately walked back. Prime example: Richard Nixon declared cult leader Charles Manson guilty before his trial began. He immediately withdrew his comment, saying, “the last thing I would do is prejudice the legal rights of any person, in any circumstance.” Trump, however, walks nothing back and has no qualms about prejudicing anyone’s legal rights.

What happened this week makes the president’s earlier comments look like jay walking. While Manafort’s unsequestered jury was deliberating, Trump repeatedly fired off messages claiming – in full Twitter shot of the jurors – that the trial itself was a “sad day for our country” and that Manafort was “a very good person”. The presidential attempt at verdict influencing, however, did not stop the jury from convicting Manafort on multiple counts of tax and bank fraud.

Hours later, Trump took to the stage of a political rally in one of those theater of the mind moments that flow from the bizarre politics of separate realities. With his former campaign chairman tucked neatly into a jail cell, and his personal attorney having just pled guilty to a felony charge that implicated the president, the Donald led the crowd in the ritualistic chant of “lock her up,” a vintage reference, of course, to Hillary Clinton, who has not been charged with a crime.

If you think that Trump was simply having a bad day and reverted to the Hillary ditty out of a pathetic combination of inertia and nostalgia, you would be wrong. Every day since that rally, Trump has eviscerated his justice department, along with his attorney general, Jeff Sessions. Never a strict constructionist on punctuation matters, the president said he now puts quote marks around “justice” when referring to the department because he sees no real justice there. He called Manafort “brave” for refusing to flip on him, like his attorney, Michael Cohen, did.

One of the federal prosecutors who helped convict mob boss John Gotti told Washington Post reporters that Trump’s recent statements about the criminal justice system struck him as “the modern-day version of a particularly inarticulate mobster.” That pretty well captures the moment we are living in.

Every day, the president lists names of more Democrats he thinks should be prosecuted by his “Justice” Department (here, here, here and here). Clearly, he has turned the notion of justice on its head. To him, it has nothing to do with the rule of law. It’s about using political power to protect himself and punish his enemies. Trump hasn’t merely hinted at that notion, he’s said it. He told Fox News this week, “the only reason” for appointing Sessions as attorney general was because he “felt loyalty” and expected his guy to protect him in the Russia investigation and then go after Democrats. Trump has never forgiven Sessions for recusing himself from the special prosecutor’s investigation.

The Washington Post has reported that the chief White House counsel and other top aides have repeatedly told Trump that he can’t call Justice and give orders, but the president refuses to embrace that concept. Here’s what a former senior administration official told the Post yesterday: “The president has not a whit of respect for institutions, whether it’s the DOJ or the Fed or the FBI. If you are a threat to him, he is going to try to kill you.”

Most of the news analysis and commentary produced by this historically tumultuous week has been focused on the future. Will Manafort flip for a reduced sentence? Will Trump pardon him? How much additional dirt does Cohen have on the president? What about impeachment? Will Mueller subpoena Trump? How will all of this play in the midterms? So many questions, and so little time to fully absorb the depth of depravity our country faces right now, in this moment, regardless of what happens later.

We have a president who has rejected the rule of law, who calls the Justice Department a “joke”, who thinks nothing of tampering with a jury, and who will do whatever it takes to subvert the processes of government in order to protect his own hide and punish his enemies. This is no longer an esoteric debate on the efficacy of a president opining on a person’s guilt or innocence. This is – right now, in this moment – a full scale assault on this country’s very concept of justice, with or without quote marks. Whatever may lie ahead, let us never accept a mobster’s notion of justice as our new normal.