White House Chronicle

News Analysis With a Sense of Humor

Democratic Graybeards Detail Tools Trump May Use To Negate Midterms

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After two long, dark years, there is an optimism afoot among Democrats, many independents, and a few old-school Republicans that the clouds will part and the sun will shine brightly again on Nov. 4.

Most votes in the midterms will be counted, and Democrats believe the House will have flipped Democratic with a decent majority. They are daring to hope that the Senate, too, will be theirs. The Trump presidency, its opponents hope, will be firmly marked “lame duck.”

Better, they hope the years of Trump raging, as they see it, outside of his constitutional authority and acting illegally, will be over.

It is fantasized that he will be trussed and restricted from authoritarian governance; that his claims of having a mandate will have been repudiated.

But Trump isn’t a man who takes reversals easily. So there is widespread fear that he will find some way to negate the results of the Nov. 3 ballot, and that Nov. 4 will see him crowing, declaring victory, and being more determined than ever to act as an authoritarian.

Two of the most revered and admired members of the hierarchy of the Democratic Party, Tim Wirth, who represented Colorado for 12 years in the House before entering the Senate, and Richard Gephardt, who represented Missouri for 26 years in the House and rose to become majority leader, have been studying the emergency powers they fear might be used to obstruct the midterms.

The Democratic graybeards state: “Over the past several months, we have been examining the structure of presidential emergency authorities, particularly Presidential Emergency Action Documents (PEADs) and related to continuity of government provisions. These authorities have existed for decades. What has changed is the context in which they might be used.”

It is these documents, and how they might be used with new intent by Trump and his allies, that alarm the senior Democrats.

They point out that the cadre of Trump loyalists who supported his claim that he won the 2020 election are seeking ways to overcome the Democratic victory in the midterms.

Wirth and Gephardt state: “Actors involved in efforts to contest the 2020 election remain active and are again discussing the use of a national emergency to justify federal intervention in election administration.

“At the same time, federal law enforcement has been used directly in relation to contested election processes, and the president has called for federal control over aspects of voting while describing domestic opponents in terms that go well beyond ordinary political language.”

Wirth and Gephardt wonder if “taken together” these developments raise the question of “whether emergency authorities of uncertain scope, capable of rapid implementation and subject to limited oversight, could be brought to bear in a domestic political context before Congress or the courts can respond effectively.”

Clearly, the former members of Congress believe the administration will find pretexts to either subvert the vote, challenge the result, or set aside the entire election on emergency grounds.

The first moves are underway to limit mail-in voting and not to count mail ballots that arrive after Election Day. Before Congress, the SAVE America Act will impose what its opponents say are excessive voter identification requirements, including proof of citizenship, supposedly to prevent non-citizens from voting. No evidence that this is a problem has been produced.

Trump has added to the uncertainty in one statement, suggesting that his administration is so successful that no election is needed. White House Press Secretary Karoline Leavitt walked that back, but the intimation lingers.

My belief is that in no way will there be a smooth transfer of power if the Democrats win the midterms, and that the full apparatus of emergency powers could be employed to negate the result.

The president has produced an extraordinary convulsion in the country, and it is unlikely to be corrected as easily as by the midterm elections.

Trump, who can widely be inconsistent in what he says, even in the same speech, remains consistent in his claim that the 2020 election was fraudulent. No evidence of this has ever been found despite exhaustive investigations, but he remains firm on that allegation.

He will at least make that claim about the midterms if the results go against him.

Of course, a lot happens in a single month of the Trump administration, and there are seven months until the elections.

What is certain is that if the Democrats triumph in the midterms, Trump will use every tool of the executive to frustrate the new Congress. A wild elephant is a dangerous creature when antagonized.

Washington Press Corps Is Swollen, but the News Evades It

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The Trump administration — with the power of the White House being felt from the universities to the Kennedy Center — isn’t the only top-heavy institution in Washington. The media is top-heavy, too.

While statehouses around the country go uncovered and local courts go about their business without the light of press scrutiny — a frightening reality — the White House and Congress receive more general coverage than they have ever had.

The press briefings at the White House are tightly packed with more standing than sitting. Droves of reporters roam the halls of Congress.

Washington, in media terms, is a two-ring circus.

This doesn’t mean that either the administration or Congress is being better covered. Here, more is less.

The politics that bitterly divide the country have also crippled the old camaraderie between those who made the news and those who reported it.

In the Capitol, reporters thought to have strong political views are favored accordingly. The old repartee, the fun, has gone. Access, the coinage of Washington, is only for those who are subservient.

The White House is a daily pitched battle between the press in general and the administration. Information doesn’t change hands in that atmosphere.  The White House press staff, led by the gladiatorial Karoline Leavitt, abuses and baits the press. It responds with barbs. It’s “Saturday Night Live” every day of the week.

The trend of over-coverage of Washington has been building for a long time, but it has accelerated in Trump’s second term. From day one, it has been a news gusher, a Roman candle of shining, and some dark things to write about.

Incessant coverage has also been driven by technological advances, enabling fast product delivery at minimal cost. When the entry threshold is low, many will avail themselves.

What is harder to get is the real news, what is really happening.

No more do reporters, as I did once, stroll through the West Wing. No more do high officials brief reporters confidentially. And, worse for governance, no longer do members of the administration or Congress seek input from the media.

John Sununu, President George H.W. Bush’s chief of staff, once told me, “What you tell us is as valuable as what we tell you.” The exchange of information, once seen as vital, is no more.

One phenomenon of the new media ecosystem is that magazines have started daily feeds dedicated to what is or isn’t happening in Washington and what has been triggered from Washington, such as the unrest in Minneapolis.

Weekly magazines and a few monthlies are now reporting daily. They are an inbox coagulant. These include Newsweek, The Economist, The New Yorker, The Spectator, The Atlantic, The American Prospect and many others. Even Vanity Fair often files daily.

Add to these the British newspapers that now treat the United States as part of their universe. The Guardian, The Telegraph, The Daily Express, The Daily Mail and The Daily Mirror all have daily American news feeds and virtual editions.

Then there are the non-commissioned combatants, the bloggers, some of whom are favored by the White House and hold White House press passes. No wonder you can’t get a seat when Leavitt’s daily briefing is underway.

It is theater. It is the greatest daily show on earth. The jugglers and the clowns are at work, tossing and catching, and somersaulting. Catch Leavitt on the high wire. Watch CNN’s Kaitlin Collins try to bring her down.

This lack of communication from officialdom extends across the Washington spectrum. Television producers have tired of inviting Cabinet secretaries and members of Congress to come on their programs only to get talking points. That is one reason so much cable television consists of reporters talking about the news they covered or the news they chased but didn’t catch.

As the late Arnaud de Borchgrave, the world-traveling Newsweek correspondent, once told me, “When you and I were young reporters, we wanted to be foreign correspondents. Now everyone wants to cover politics.”

True, and good luck with that.

Will U.S. Barons ‘Magna Carta’ Trump?

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Sitting behind President Trump at his inauguration were men who might well be called the barons of America: the big-tech billionaires who control vast wealth and public awe. They are so high in Trump’s esteem that he seated them in front of his Cabinet.

When King John of England was crowned in 1199, barons also attended him. They were the barons of England,  although most were of French descent — the result of the conquest of England in 1066 by William, Duke of Normandy, who defeated King Harold II of England in the Battle of Hastings.

The difference between John’s coronation and those of his father, Henry II, and brother, Richard I, was that he didn’t make the customary promises to uphold the rights and the norms of conduct that had become a kind of unofficial constitution. John neither embraced those norms then nor abided by them later.

King John was known to be vengeful and petty, tyrannical and greedy, but is believed to have been a relatively good administrator and a passable soldier — although many of his financial problems resulted from the loss of English lands in Normandy.

Those wars and expenditures by his father and brother on fighting the Third Crusade meant that John had a money problem. He solved the problem with high taxes and scutage — payments that were made in lieu of military service, often by wealthy individuals.

John also had a “deep state” problem. 

The King’s administration had become extremely efficient, bureaucratic, and especially good at taxation and coercion, which browned off the nobles. They were getting pushed around.

When the barons had had enough, they told the King to behave, or they would install one of the pretenders to the throne. They met in long negotiations at Runnymede, a meadow along the Thames, 22.5 miles upriver from what is now Central London. It is pretty well unchanged today, save for a monument erected by the American Bar Association in 1957.

The barons forced on John a document demanding his good behavior, and impressing upon him that even the King was not above the law.

The document that was signed on June 15, 1215 was the Magna Carta (Great Charter), limiting the king’s authority and laying down basic rules for lawful governance.

In all there are 63 sections in the document, which have affected Western culture and politics for almost 800 years. The Magna Carta is part of English and American common law, and was a foundational document for the U.S. Constitution.

It stated that the king was subject to the laws of the time, that the church could be free of the king’s administration and his interference, and that the rights of the barons and commoners were respected. Particularly, it said that no one should be imprisoned without due process.

Today’s barons in America are undoubtedly the big-tech entrepreneurs who have not only captured great wealth but also have an air of infallibility.

While John has been hard-handled by history, the Magna Carta has done superbly. John was saddled with the epithet “Bad King John” and no other English monarch has been named John.

When an American president is showing some of the excesses of John, isn’t it time for the great commercial and technological chiefs, who have so far sworn fealty to Trump, to sit him down beside another great river, the Potomac, and tell him a few truths, just as happened at Runnymede?

Since Trump’s inauguration, U.S. national and international status has deteriorated. Chaos has reigned — the government has nearly ceased to function, a pervasive fear for the future has settled in a lot of Americans, there is embarrassment and anger over the trashing of laws, circumvention of the Constitution, tearing up of treaties, aggression towards our neighbors, and a general governance by whim and ego. 

America’s barons need to tell the president: You aren’t a king. Leave the free press free. Abide by the decisions of the courts. Stay within the law. Respect free speech wherever it is practiced. Above all, respect the Constitution, the greatest document of government probity written since the Magna Carta.