Donald Trump is attempting to appeal and delay having to pay that whopping fine that New York Judge Arthur Engoron laid on him earlier this month in the Trump Organization fraud suit brought by state Attorney General Letitia James. As we’ve all heard, to do so, he has to secure a bond.
NBC News did some cipherin’ Wednesday and reported that he’ll need a bond of about $540 million. It is widely assumed he doesn’t have the liquid cash. He has some buildings, notably 40 Wall Street, but many experts are saying that the government doesn’t like to take real estate as collateral. “Whoever is going to bond [Trump] is committing that they’re going to make good on that judgment,” New York business attorney David Slarskey told NBC. “Who’s going to do that?”
Indeed. That is the question. And the possible answer is chilling, if we imagine Trump back in the White House next year.
In sum: He could borrow this money from just about anybody. Or not even borrow it. Someone might just give it to him. Incredibly, as Neal Katyal said on MSNBC Wednesday night, there is apparently no law that prohibits someone in Trump’s position from securing the collateral from anyone. It’s another one of those laws that I suppose no one ever even thought to write because the system has never encountered a Donald Trump before. But now it has.
“There are potential sanctions prohibitions and campaign finance prohibitions. And of course potential tax issues,” MSNBC analyst Andrew Weissmann told me via email Thursday. “But apart from those, a third party can give a gift or loan to post the federal or state bonds.”
Ponder with me the possible dangers here. Let’s imagine a roster of actors who might have the resources and motive to stake Trump to half a billion dollars, either as a loan or a gift. There’s Russia, first of all. Russia—and Vladimir Putin personally, because he’s apparently stolen so much over the years that he might be the world’s richest man—may be out of the question because of the sanctions. But of course, that’s just the law, which Trump spits at.
Imagine a President Trump in hock to Russia or Putin to the tune of a half-billion dollars. Sure, Trump is inclined to give Putin half of Eastern Europe anyway. But money like that would turn a mere ideological sentiment into ironclad fealty, since money means a lot more to Trump than ideas. Well, Poland, you didn’t exist from 1795 to 1918; you can get used to it again.
Or let’s say it came from Saudi Arabia. Remember, it was during this very trial that Trump bragged that the Saudis, or at least some individual Saudi, would willingly pay inflated prices for Trump properties. This was a justification he used for inflating the prices in the first place. Engoron wrote in his ruling: “He also seems to imply that the numbers cannot be inflated because he could find a ‘buyer from Saudi Arabia’ to pay any price he suggests.”
So imagine now that a “buyer” or buyers from the kingdom secretly put up Trump’s collateral. And then Trump won the election. The United States would do whatever Mohammed bin Salman wanted it to do. On the surface, Saudi Arabia is committed to its Vision 2030 plan that proclaims a desire to normalize relations with Iran (this has started) and move away from the current reliance on oil revenues and toward a knowledge economy. That’s all very nice. But conflict will arise in that region, as it always does, and when it does, Trump will serve the master who bailed him out of legal hot water.
Or suppose the Netanyahu government put up the dough. People are plenty critical of Joe Biden now, and rightly so, over the money we’re giving to Israel and the absence of conditions imposed on that money so that Israel can commit atrocities on a massive scale. But if you think it can’t get worse, think again. Trust hard-right Israeli Security Minister Itamar Ben Gvir, who said earlier this month: “Instead of giving us his full backing, Biden is busy with giving humanitarian aid and fuel, which goes to Hamas. If Trump was in power, the U.S. conduct would be completely different.”
Of course, Trump’s benefactor need not be a foreign nation. What if, as Weissman posited to Lawrence O’Donnell Thursday night, it was Elon Musk who ponied up the dough? Or Peter Thiel? Or a consortium of Texas oilmen? Or the Mafia? Obviously, Trump would willingly accept the money from any and all of those sources. How nice would that be, to have a president who hardly made a move without anticipating their reaction?
Lara Trump argues that rank-and-file Republicans will be perfectly happy for their donations to the Republican National Committee to go to paying Trump’s legal bills, and the Trump-era Republican Party is such a warped, freakish imitation of a normal political party, so smothered in cult-worship, that she’s probably right. But even so, rank-and-file Republicans can’t begin to cover more than a fraction of this.
The other hypothetical to consider here is of course that it’s entirely possible that Trump won’t pay at all. After all, as we know all too well, if there’s a law or rule to flout, Trump is there to flout it and dare the system to catch up with him. So this all might be moot, which speaks only to how brazenly lawless the man is.
But if he decides to post the bond, and if all this reporting is correct that he doesn’t have the money himself, he’s going to have to get it from someone. And whoever that someone is will claim a mighty stake on what remains of the mind of the man who might be the president of the United States.
The big headlines Friday morning concerned Fulton County District Attorney Fani Willis and the combative testimony Thursday she offered concerning her affair with Nathan Wade. But that wasn’t the big story of the week on the Donald Trump legal front. In fact, it may have been about fifth.
What’s bigger? Let’s start with Judge Aileen Cannon’s decision to deny Trump’s attorneys’ bid to delay pretrial motions in the case she’s hearing, about Trump’s removal of classified documents from the White House. Cannon, you’ll recall, was appointed by Trump. After the documents case landed so unserendipitously in her lap, she made a series of nakedly pro-Trump rulings; the 11th Circuit vacated one order of hers that would have helped Trump delay the proceedings. She also blocked federal investigators from examining the material seized by the FBI, a decision eviscerated by legal experts. So maybe she’s gotten the message that she’d better be a real judge, not a sycophant.
Trump also was dealt a blow this week when Juan Merchan, the judge in the Stormy Daniels hush-money trial, dismissed another attempt at delay by Trump’s lawyers. That trial will start, as scheduled, on March 25.
And—no, it doesn’t stop!—another judge, Arthur Engoron, is supposed to hand down his decision in the penalty phase of the civil suit brought by the New York attorney general against the Trump Organization. AG Letitia James is seeking $370 million. There are reasons to think that that number may be on the low end of where Engoron will land.
But for my money, the worst part of Trump’s week came in the filing by special counsel Jack Smith to the Supreme Court in response to the Trump team’s request for a stay on that trial, which is the January 6 insurrection case. In a 40-page filing, Smith and his attorneys dismantled Trump’s arguments one by one. Smith had until February 20 to file this response, but he did it eight days early and he means business: “The charged crimes strike at the heart of our democracy. A President’s alleged criminal scheme to overturn an election and thwart the peaceful transfer of power to his successor should be the last place to recognize a novel form of absolute immunity from federal criminal law. Applicant seeks a stay to prevent proceedings in the district court from moving towards trial, which the district court had scheduled to begin on March 4, 2024, before applicant’s interlocutory appeal necessitated postponement of that date. Applicant cannot show, as he must to merit a stay, a fair prospect of success in this Court.”
Why is this filing so important? Three reasons. First, Smith urges the Court to act quickly. He still wants the trial to start in March. If the Court agrees, picture it: Trump on trial in two separate courtrooms, on charges that strike precisely at the heart of the two biggest manifestations of his moral turpitude: In New York, as a private citizen, as a man, who treats women like garbage; in Washington, as a public, um, servant who mocks the Constitution and believes that no law applies to him. It will be perfect stereo spectacle for Americans to spend the spring observing.
Second, while it’s true that we’re dealing with a very politicized Supreme Court here, and it’s obvious that at least two justices (Samuel Alito and Clarence Thomas) will rule for Trump on just about anything, Smith’s response makes a very strong set of arguments that should appeal to at least some of the Court’s conservative originalists. “The Framers,” Smith writes, “did not provide any explicit textual source of immunity to the President.”
And third: The Smith case is the most important of all, for the simple reason that inciting the January 6 insurrection is the worst thing Trump has done. Granted there is stiff competition for his most mortal sin. But egging on a crowd to overthrow the government and hang your own vice president still takes the cake. If Smith succeeds in convincing the Supremes to expedite this case and goes on to win a pre-election conviction, that ought to seal Trump’s fate. Some recent polls have shown that swing state swing voters would be highly disinclined to vote for Trump if convicted of a crime.
We’ve seen the conventional wisdom turning on this question in recent weeks. Last year, the standard media line was to say that all the indictments were helping Trump, which was true if you were talking only about Republican primary voters. But now the attention of the media and of pollsters is turning toward general election voters, and they see matters differently.
Every one of these cases is important because each one points to a grotesque deficiency of character that demonstrates why Trump should never be president again. But the insurrection case is the first among equals. A conviction in this case before November 5 really should be the end of the road for Trump. It all depends on the Supreme Court agreeing with Smith’s motion this week. He made as strong a case as could be made.
This article first appeared in Fighting Words, a weekly TNR newsletter authored by editor Michael Tomasky. Sign up here.
Not long ago, a video surfaced of House Speaker Mike Johnson appearing before the National Association of Christian Lawmakers. He told a tale of how the Lord came to him in a series of visitations and “began to wake me up … in the middle of the night” to prepare him for a mighty role. The humble Johnson fancied himself an Aaron, Moses’s sidekick. But in time, in Johnson’s telling, the Lord made it clear to him that he was Moses, and He urged M.J. to be prepared, because “we’re coming to a Red Sea moment.”
Well, Moses, it looks like the Red Sea just crashed down on your head.
If this blockhead has the Lord’s blessing, I’d sure hate to see where he’d be without it. Just three and a half months into the speakership, he’s making Kevin McCarthy look like Cicero. It was just hilarious to see him have to announce on the Alejandro Mayorkas impeachment vote that the “ayes” were 214 and the “nays” were 216 and “the resolution is not adopted.” And minutes later, a stand-alone Israel aid bill failed, with 14 Republicans jumping the leaky Ship Johnson.
The week has been humiliating for Republicans on many fronts. Donald Trump had his preposterous immunity argument mercilessly shot down by the D.C. Circuit Court of Appeals. Mitch McConnell was forced to pull an embarrassing about-face on the border bill, voting against a bill that he’d been promoting for weeks. Even Nikki Haley found a new way to shame herself, losing 2-to-1 in the Nevada primary to “none of these candidates.” Trump did seem to secure a coming win in the Fourteenth Amendment case, but that was largely expected, and it happened in spite of his lawyer’s awful performance.
These things aren’t accidents. They’re all part of the same pattern and are happening for the same reason.
Republicans today are consumed by this primal need for immediate gratification. They’re the party of the dopamine rush. Go read an article about the brain, and you’ll learn in five minutes that dopamine helps regulate pleasure, and pleasure is great, but too much dopamine leads to delusions, hallucinations, schizophrenia, psychosis. The entire party has a massive and collective mental disorder, a severe chemical imbalance in what remains of its collective brain, which explains why it kneels so slavishly before a psychotic man with the emotional regulation of a 5-year-old.
Like rutting ungulates, they are incapable of anything remotely resembling thought and respond only to the stimuli right in front of their noses. Deliberation, caution, calm reflection … these are the qualities that most of us have in more or less equal measure to the desire for gratification. These are the qualities that are most in harmony with the habits of democracy. To be small-d democratic is to deliberate; to think things through a little. This country’s Founders believed profoundly in this, which is why they built so many choke points into our democratic processes (too many, as it turns out). They wanted future generations to think stuff through.
But these people are stuck in the land of anti-thought. And because that’s where they live, it means that in many respects it’s where we all have to live, because that’s where a lot of our national debate plays out.
The border debate is a perfect example. There are a lot of problems with U.S. border policy. Undoubtedly some of them are the fault of Democrats. It’s reasonable that people should want more control over the border. But at the same time, it’s a complex problem, and any real solutions are complex too. Oklahoma Republican Senator James Lankford, to his credit, tried to acknowledge that reality. And what happened? He was brutally shut down. It was chiefly Donald Trump, but it wasn’t only Trump. One right-wing talk radio host threatened to “destroy” him.
But it’s not just the border. It’s everything. The Mayorkas impeachment. I suppose there are many........