Lawsuit against Trump could easily succeed; raised issue of government secrecy

 

Gordon L. Weil

Donald Trump’s Stormy Daniels hush money case has been getting prime media attention, but it matters far less than one potential federal case that could expose him to great legal jeopardy.

Some cases Trump faces may be relatively minor, hard to prove or purely political, but his holding onto presidential documents places him in what looks like a clear violation of federal law. The facts are beyond dispute.

Prime attention focuses on his keeping highly classified documents with inadequate safeguards. Trump’s hoarding may have endangered national security. The case has also raised new questions about just what information should be classified and kept secret.

Under the Presidential Records Act, a former president must promptly turn over to the National Archives all of his official papers. That allows his successors to know the policies and practices they inherit. The requirement was especially important when the outgoing President Trump prevented an orderly transition to the Biden administration.

The law requires turning over all documents, not only those labeled classified. The most sensitive files can include descriptions of intelligence methods, delicate data about foreign leaders and, worst of all, identification of secret American agents in hostile locations. Was any such information in Trump’s unlocked desk drawer? What did he keep and why?

Trump claims that he had the power to declassify documents, even if it only occurred in his own mind. Without proper public notice, that won’t wash. Could a citizen have obtained them through a Freedom of Information request? Of course not. People wouldn’t even know about their existence. Trump falsely implied his right to personalized declassification.

This case has raised questions about classified documents. Some of the documents found at Trump’s home and at sites controlled by Joe Biden and Mike Pence when they were vice president are undoubtedly routine and should not have been classified. But, in Trump’s case, some were obviously highly sensitive.

There’s no question that too many documents are classified, sometimes for reasons far removed from national security. And most of them never lose their protection, even after it is no longer justified.

Knowledge is power, and in their quest to demonstrate their key roles on major issues, some people in Washington like to create classified documents and keep others from seeing them. In a place where turf battles matter, the classified keep-away game is a major weapon. Or officials may classify to make sure their mistakes won’t be uncovered.

Government can use classification as a way of keeping secrets from the people on whose behalf it supposedly operates. Arrogant officials can make decisions affecting Americans based on information, possibly questionable, to which the public has no access. Without transparency, democracy suffers.

Here is where the media comes in. Its job is to reveal the secrets that threaten individual rights or cover up illegal actions. By definition, reporters are outsiders, so they may depend on whistleblowers to reveal the hidden truth. And they must be able to operate free from government control unless directly tied to national security or public safety.

The federal government claims to favor whistleblowers, but that promise is often broken. President Obama pursued them with a vengeance. Republicans tried mightily to uncover the whistleblower who revealed that Trump pressured Ukraine’s President Zelensky in hopes that he would investigate Joe Biden’s son during the 2020 presidential campaign.

Perhaps the most famous whistleblower was Daniel Ellsberg. In 1971, he gave to two major newspapers the Pentagon Papers, documents revealing the government had lied to Americans about the Vietnam War. The government tried to block publication, but the Supreme Court, recognizing press freedom, let the papers print. Federal charges against Ellsworth also failed.

Ellsworth is now dying and has been interviewed about breaking government secrecy. He says that classification “is a protection system against the revelation of mistakes, false predictions, embarrassments of various kinds and maybe even crimes.”

A critic claimed he undermined democracy by violating secrecy rules adopted by elected officials. He says those rules can protect those officials “from the possibility that their rivals will pick these things up and beat them over the head with it. Their rivals for office, for instance.” Could his concern explain Trump’s actions?

Long ago, Supreme Court Justice Louis Brandeis made a statement criticizing unwarranted secrecy that has been boiled down to the saying “sunlight is the best disinfectant.”

The First Amendment’s guarantee of free speech and a free press may be broader in the U.S. than anywhere else in the world. It helps protect the people from a government that would hide information from them. The American system supposedly depends on people making their own judgments after hearing both the truth and the lies.

Though not his intention, Trump’s documents violation may have brought new public attention to the use and misuse of government secrecy.

China-Russia summit highlights conflict over world order

Gordon L. Weil

The summit between China’s Xi Jinping and Russia’s Vladimir Putin amounted to a love fest between a power thirsty Communist and failed empire builder.

Xi has taken total control of his country, crushed self-rule in Hong Kong and resorts to obvious lies to justify his aggressive intent.  Putin faces an arrest warrant for kidnapping children, bombs to pieces a country that wants to face west and resorts to obvious lies to justify his aggressive intent. 

China’s boss makes two sharply conflicting claims.  He says that he wants to mediate a peaceful end to the Russia-Ukraine war.  Yet he favors Russia and won’t be visiting Volodymyr Zelensky in Kiev. Maybe a phone call. He is openly hostile to the extension of western style democracy, just what Ukraine seeks.

Upon arriving in Moscow, Xi stated that China and Russia shared the goal of multi-polar world not one under the American democratic model.  While China enjoys basking in the glow of American and European prosperity, by harvesting investments and pushing cut-rate exports, it opposes the system that makes that possible.

Nuclear armed Russia with vast territory and cheap oil for sale is becoming China’s junior partner.  Xi strokes Putin’s ego and backs his efforts to keep Europe in turmoil.  They may have differences, but their alliance, founded on hostility to the U.S., grows stronger.

Why does China seek to win a competition with the U.S.?  For one thing, there is power for its own sake.  Xi is tired of his country taking second place among world powers.  Thanks to its huge population, it will soon have a larger economy than the U.S.  For him, that is just the start.

Perhaps even more important may be Xi’s worry about the global spread of popular rule under variations of the American system of government.  China is controlled by the Communist Party with no dissent allowed. That control would likely end if the people were allowed free elections.  Preventing the spread of democracy and undermining its popularity is essential.

For Putin, China’s policy and his own anguish about NATO are just about the same.  While NATO has no designs on Russian territory, Putin harbors his country’s historical worry that Western Europe will invade the motherland. He wants Ukraine as Russia’s buffer, no matter what the Ukrainians want.

This is how the U.S. and its friends see the two major powers settling in as their long-term adversaries.  The divide may not equal the Cold War between the West and the Soviet Union, but it is a bitter rivalry.  Beyond a matter of survival, it is a no-holds-barred competition to subvert the other side and win dominance in Asia, Africa and even Latin America.

America and Europe plus Japan (the world’s third largest national economy), Britain, Canada, Australia and South Korea together are immensely richer and more powerful than China-Russia. They are beginning to respond.  For example, as Xi visited Putin in Moscow, Japanese Prime Minister Fumio Kishida visited Zelensky in Kiev.

The success of the response to the China-Russia challenge depends on America and its allies acting as partners.  The U.S. must favor international cooperation over outmoded isolation.

As the West responds to the new challenge, it should recognize its vulnerability. Problems with democracy and free enterprise, despite their surpassing value, serve to help China and Russia to discredit them. It’s essential to see ourselves as others see us.

In what should be the world’s most prosperous country, homeless people struggle for shelter and the drug economy is practically a country within a country. In some cities, the police and the people are in conflict.  The problems of the third world and resulting massive immigration issues have so far revealed a leaderless and dumfounded system worldwide.

Freedom is abused by partisan politicians who undermine democracy in their own quest for power.  Imagine an attack on the Capitol to overturn an election or a presidential candidate who concludes the Ukraine war is merely a “territorial dispute” or politicians who tamper with voting to guarantee their permanent hold on office.

Big corporations and their wealthy ruling class avoid paying for their privileges and oppose reasonable regulations.  That leaves government strapped for funds to provide essential services and unable to prevent bank failures or nail tax cheats.  Greed overcomes loyalty, endangering the people the government is supposed to represent and serve.

To some degree, the biggest challenge comes more from ourselves than from our avowed adversaries.  I always remember the admonition of my favorite mythical presidential candidate, the long-ago comic strip’s Pogo Possum: “We have met the enemy and he is us.”

The Xi-Putin meeting unveiled their united hostility to Western values and their intent to defeat our hopes and ambitions.  It should also motivate the West to enhance and promote those values in deed as well as word. 

America has crisis of confidence

Gordon L. Weil

Welcome to this month’s crisis of confidence.

A bank failure, the debt ceiling conflict and the proposed Maine state budget have something in common. They all raise doubt about our confidence in institutions on which we depend.

The underlying cause is politics.  The effect of this loss of confidence in our government may be more important than how each issue is resolved.

The Silicon Valley Bank failed because of truly poor management.  Its executives invested their depositors’ funds unwisely, making it impossible for them to get their money out of the bank when they needed it.  What started with a trickle of withdrawals became a flood, and the bank failed.  Depositors in other banks panicked.  The problem spread, endangering the economy.

In 2008, banks got into trouble and some failed. The federal government shored up others. The lesson was learned, and Congress added new rules improving the chances that banks would hold enough available reserves to meet stepped up depositor withdrawals.

The biggest banks, the ones considered “too big to fail” because of the possibly massive effect of failure, are subject to “stress tests” to ensure their reserves are adequate.  So were other medium-size banks, but many, including SVB, disliked being checked.  The Trump administration backed off the scrutiny on all but the biggest.

The reversal was pushed by a dislike of what was claimed to be government overregulation. Unfortunately, the banking system turned out to need the safeguards.  Fortunately, there was a back-up.

To stop the panic right away, federal government regulators took over SVB and said depositors would get all their money.  Remember that little sign on the bank that says “Member FDIC.”  It means something. The Federal Deposit Insurance Corporation, funded by banks, has the cash to cover the crash.

Nobody complains when the FDIC and the Federal Reserve, both government agencies, save the banking system.  But Republican deregulators now warn against using tax dollars to bail out the banks.  The federal agencies are not using taxpayer money and don’t need to.  But, if attacking “big” government scores political points, the opponents of regulation don’t back off.

Similarly, the partisan battle over raising the debt ceiling calls into question whether Washington will do a backdoor reversal, this time of spending decisions it has already made.  That raises doubts about the federal government’s ability to pay its debts, and the world’s financial system loses confidence in the most important currency – the U.S. dollar.

The reason why the dollar is the world’s main money is that the U.S. has a long history of paying what it owes lenders.  Plus, it’s the world’s largest economy. That creates great confidence in the dollar and, as a result, in the U.S.

If the U.S. defaults on its debt, weakening confidence in the dollar, number-two China is ready to offer its currency as the alternative.  American world power probably depends as much on the strength of the dollar as on the strength of the armed forces.  It boils down to a question of confidence: can the world still rely on America?

President Biden might solve the problem himself and ignore GOP attempts to hold the debt ceiling hostage to reversing previous spending decisions. The Constitution says the U.S. pays its debts. So, there may be no need for a debt ceiling bill at all, and Biden could prevent a crisis of confidence.

This can even happen in Maine.

In a 2004 referendum, Maine voters decided that the state should pay 55% of basic school costs. In another vote, they raised taxes on the wealthiest to pay for the added state budget cost.  The Legislature promptly overruled the voters and reversed the tax increase but capped state spending plus making a start on reaching 55%.

Under Gov. Janet Mills, the state now has enough money to pay the 55% and stay under the cap, which it has observed aside from funding the school adder.  Now, as part of her budget, she proposes to break the deal that had been made.  Flush with funds, state government seems to believe the cap, now almost 20 years old, can also be flushed.

The Maine GOP says the state should keep to a deal that was made after the Legislature overruled two referendums. If Mills wants to bury the deal, she could either ask for a clean vote on the issue by the Legislature or send the question back to the voters.

The governor has the legislative votes to do what she wants. But the action, as in the other two cases, explains a frequently heard citizen reaction to government.

Some voters say that politicians don’t keep their word, abandoning promises meant to reassure voters when they think the voters aren’t looking.  Lacking confidence in government, why vote?

The real message: low trust in government can threaten democracy.