The DMZ America Podcast’s Ted Rall (on the Left) and Scott Stantis (on the Right) are joined by syndicated columnist Clarence Page of the Chicago Tribune to discuss the despondent state of the Democratic Party in the wake of their defeat. Progressives like Bernie Sanders say the party erred in neglecting the working class, moderates think the party appears too “woke” for mainstream Americans and it’s hard to reconcile Biden and the Democrats’ criticism of Donald Trump as dishonest with his decision to pardon Hunter Biden despite numerous categorical denials that he would do so. Where does the Democratic Party go from here? Is “resistance” possible and, if so, what will it look like?
For God’s Sake, Give Trump a Plea Deal
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No one is above the law. But indicting the frontrunner for a major political party’s presidential nomination, a former president to boot, on charges with a maximum sentence of 400 years in federal prison sets the stage for a full-blown constitutional crisis. Is there some way to hold Donald Trump accountable for playing fast and loose with state and federal law, without forcing him to campaign while on trial or asking voters to head to the polls while the de facto leader of the Republican Party rots behind bars?
Consider how crazy this could get. Would Club Fed pipe in wifi for the debates? Can an inaugural ceremony be held in the visiting room? Who takes that 3 a.m. crisis phone call when the felon-in-chief is sitting in stir?
Biden and the Democrats fantasize about putting Trump in prison. If they calm down and think about it even for a moment, however, they should be able to see how badly doing this now, during an election, would inflame our highly combustible politics. Three prosecutors, all Democrats, all working for Democratic administrations with the support of Democratic-leaning corporate media organizations, are seen as waging nuclear lawfare to deny 70 million-plus Republican voters the right to support the presidential candidate and party of their choice.
I don’t know how this ends. Civil war? Random political violence? Polarization like you’ve never even dreamed of? Whatever happens, I guarantee it won’t be good.
There is a way out.
Offer Trump a plea deal.
At this writing, here is the legal lay of the land. Manhattan District Attorney Alvin Bragg has charged Trump with 34 counts of falsifying business records, some related to paying hush money to porn actress Stormy Daniels. Legal experts think Bragg has a better-than-even chance to nail Trump in court, despite the novel construction of his case. Now Trump faces 37 counts for mishandling classified documents in federal court in Miami; his odds of walking away free are still worse there. Soon, in early August, Fulton County, Georgia District Attorney Fani Willis may join Indictment-a-palooza with her own set of felony charges, that Trump tried to interfere with the 2020 election.
Trump is famous for ignoring his lawyers’ advice. But he’s never before faced odds this long or downsides this steep. If a plea deal is offered, his legal team will be screaming at him to take it.
Assuming the former president is wise enough to listen—or listen to his second and third set of attorneys after he fires his first ones, for they too will be shouting at him to make a deal—the terms of a plea arrangement will have to satisfy the courts (i.e., Democrats) without enraging Team MAGA.
Charging parties in Georgia, New York and the Department of Justice would need to agree on a set of conditions that would ensure Trump was covered by any and all claims likely to be filed before the November 2024 election.
Now for the terms:
No prison.
By all means, disrespect Trump the man. Trump the former president and Trump the major-party candidate, however, represent the aspirations of tens of millions of Americans who felt unheard and unseen before he rode down the Trump Tower elevator in 2015. If you humiliate this man—trials, convictions, handcuffs, chains, jumpsuit—his supporters will feel his shame as their own. Furthermore, it would be impossible to overstate the international scorn and disdain that would be heaped upon the U.S. after a sordid spectacle better suited to an s-hole country in the developing world. We have a two-party system. If you hobble one candidate, tie him up in court and/or jail him, you no longer have the pretense of a democracy—you’ve created a one-party system. Biden will become America’s Saddam.
Who would ever listen to another pompous declamation about American exceptionalism?
For decades I was angry at Gerald Ford for pardoning Nixon because it sent the message that presidents are above the law. I was wrong. I have since come to appreciate Ford’s calm, common-sense Midwestern wisdom. Ford understood that America needed to move on, that to do otherwise would have meant we would have been talking about Nixon for the rest of the 1970s and beyond—the way we can’t stop obsessing over Trump now. Hard as it is to accept that Trump should walk free on so many charges, charges that his own administration pursued against far nobler people who went to prison as a result, if you want to salvage the republic Trump must be spared prison.
Federal prosecutors sometimes require that a politician drop out of politics as part of a plea deal. In 1982, for example, a Congressman from New York agreed to resign his seat in Congress, stay out of politics and to plead guilty to federal tax, narcotics and conflict-of-interest. Plea bargains filed by state DAs forced out the governors of Alabama in 2017 and Missouri in 2018.
Trump’s ability to campaign and potentially regain the presidency in a fair election is essential to assure Republicans that they have not been victimized by a weaponized government. Democrats and Never Trump Republicans will find this tough to digest. Surely a man who incited the January 6th Capitol riot doesn’t deserve to be president. But democracy requires at least two candidates, neither behind bars or banned from participating.
If not prison or proscription, what?
Fines. Big fines.
Forbes estimates Trump’s net worth at $2.5 billion. Let the two states and the federal government split $2 billion, payable within a year of settlement. If he defaults, clap him in cuffs and frog-march him out of his hidey-hole, whether it’s Mar-a-Lago or the White House.
For a man who values money more than anything else, taking a financial haircut would represent real accountability. His agreement to pay a significant public settlement would serve as tacit acknowledgement of his guilt. No amount of grandstanding at his rallies would convince anyone of his innocence.
For God’s sake, offer Trump a deal before it’s too late.
(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, co-hosts the left-vs-right DMZ America podcast with fellow cartoonist Scott Stantis. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)
December Will Be Very Dangerous
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It’s too early to celebrate, back-to-brunch Democrats.
Liberal voters are counting Biden’s corporatist cabinet picks. But we still don’t know for sure that Trump will let them hatch. There’s still a significant chance — I would put it at 50-50 — that the “outgoing” president will engineer a coup d’état in order to remain in power.
Democratic-aligned media outlets are promulgating wishful thinking. They’re crowing about a routine, peaceful transfer of power. They’re making fun of the Trump campaign’s losses in court challenges to the election results and making light of the president’s hope that faithless electors will trigger the 12th Amendment scenario by causing Biden to fall short of 270. The mainstream pundit class points to the bureaucracy’s granting of access to Biden’s transition team and to excerpts from a recent Trump interview as evidence that he has accepted defeat. (In fact, Trump said that if the electoral college votes for Biden, they will have “made a mistake, ’cause this election was a fraud.”)
But they are ignoring human motivation.
Trump has every reason to use radical means to remain president, democracy and constitution be damned. If he leaves the White House on January 20, the former president loses executive immunity and becomes exposed to an array of fraud and corruption charges related to his businesses. The New York State charges are the most hazardous. He could well be convicted and sent to prison on those. Even if Biden were to issue a presidential pardon, a law specifically directed at Trump ensures that a federal pardon would not apply to New York’s state convictions. Trump is an old man, hardly in good health. He could spend the rest of his life in prison — unless he declares martial law and becomes America’s first dictator.
Cynics, a group I usually identify with, believe that wealthy and powerful white guys like Donald Trump are never held accountable for their crimes, much less go to prison. For Trump, that has been the case so far. But there have been exceptions. As happened to Martin Shkreli, Bernie Madoff and Jeffrey Epstein, everything indicates that Trump’s white privilege card has been revoked. The ruling classes are dying to see Trump humiliated, perp-walked, and mug-shot in a jumpsuit that matches his skin tone. The neoliberals never considered the master of crass to be one of their own. Now he is a full-fledged class traitor, our Huey Long. Populist and verbally skeptical of the militarism and job-exporting free trade agreements that line the capitalists’ Cayman accounts, Trump has proven that a sizable portion of the American public—on the right, no less!—agrees with him. The elites despise him for this. They will not save him.
Trump’s lawsuits will fail. (He knows.) The electoral college will elect Biden.
Trump will then have five weeks to decide what to do. Await his fate at Mar-a-Lago? Trump isn’t passive, especially when he fears he’s going to lose. Fly to exile in Israel or Saudi Arabia? Netanyahu is too beholden to the U.S. to risk offending an incoming Biden Administration; Saudi Arabia is one of the most unpleasant places on earth.
Trump’s coup calculus is simple: what’s the worst-case scenario if he fails? Arrest and prison? He’ll be no worse off than if he didn’t try.
Trump has two major advantages that the usual coup plotter doesn’t. First is incumbency: he currently has his hands on the levers of power. He’s not looking to change anything; he’s trying to keep things the way they are. Second, he doesn’t have the support of the military—but he doesn’t need it. His would be a “police coup” carried out by the numerous local police departments whose unions endorsed him for reelection, alongside federalized state police and deputized paramilitary MAGA goons.
Leaders of the armed forces, the only institution that could stop Trump, would face an awful choice. If they remove the civilian head of government, even a rogue, they are carrying out a military coup. They would have to shoot at local police, many of whom are veterans. If the army were to stand down, they would be tacitly endorsing Trump’s police coup. My experience is, when people face two bad choices, they do nothing—which is why I don’t think Trump has to worry about the military.
History tells us how such a coup would go down. Newspapers will disappear, radio will go silent, television will go dark, the Internet will be turned off. Police checkpoints will spring up on city streets and along highways. After a short time, perhaps a few days, the president will inform us that it’s all for our own good, that he’s trying to protect America and democracy and everything beautiful, but that a state of emergency is necessary to preserve law and order. There will be curfews, martial law, a ban on political protests and gatherings. Communications will resume in a limited fashion. Even news media outlets that used to be critical of Trump will sing his praises.
In most other countries, a coup leader like Trump would face dogged resistance. But that usually requires socialists and communists; only a disciplined Marxist movement stands a chance at destabilizing an authoritarian regime. Fortunately for Trump, a century of ruthless oppression and right-wing propaganda has eliminated the actual left.
Trump set the stage for a coup by moving loyalists into key positions. After the election he fired the Secretary of Defense, a man notable because he refused to send the military to fight protesters on American streets, and replaced him with a toady. The Undersecretary of Defense for Intelligence also got the axe. He did the same to the Director of the Cybersecurity and Infrastructure Security Agency at Homeland Security. The directors of the CIA and FBI reportedly have targets on their backs as well. Wishful-thinking Democrats speculate that the firings are mere retribution by a spiteful Trump. If so, it’s interesting that Trump’s revenge is limited to key national security figures. Didn’t anyone in the Department of Agriculture ever piss him off?
“When you surround an army, leave an outlet free,” counsels Sun Tzu. “Do not press a desperate foe too hard.” The powers that be are ignoring this advice. If they were wise, they would approach Trump with a deal: go quietly, return to your real estate business, and you won’t be prosecuted. No more rallies. No more political campaigns.
Instead they have turned him into a cornered rat. Because the authorities are hell-bent on humiliating and destroying a sitting president, the American republic is about to go through one of its most dangerous months in history.
Trump might resign himself to months and years of court hearings, trials, prison for him and his family. But I wouldn’t count on it.
(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Political Suicide: The Fight for the Soul of the Democratic Party.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)
Trump’s Brilliant Plan
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Terrified that he will lose and face prison time for corruption, President Trump is contemplating canceling the upcoming election or invalidating its results after the fact. Ironically, the best way to avoid fascism might be to vote for the fascist.
