Thou art more deranged, and intemperate

David Leonhardt on Trump’s contempt for the rule of law.

Even amid bitter fights over what the law should say, both Democrats and Republicans have generally accepted the rule of law.

President Trump does not. His rejection of it distinguishes him from any other modern American leader. He has instead flirted with Louis XIV’s notion of “L’état, c’est moi”: The state is me — and I’ll decide which laws to follow.

How does Trump scorn the law? Let Leonhardt count the ways.

LAW ENFORCEMENT, POLITICIZED. People in federal law enforcement take pride in trying to remain apart from politics. I’ve been talking lately with past Justice Department appointees, from both parties, and they speak in almost identical terms.

They view the Justice Department as more independent than, say, the State or Treasury Departments. The Justice Department works with the rest of the administration on policy matters, but keeps its distance on law enforcement. That’s why White House officials aren’t supposed to pick up the phone and call whomever they want at the department. There is a careful process.

That’s what I and no doubt others have been learning over the past few weeks (which makes it all the more dubious that Kennedy made his brother Attorney General). Trump’s behavior with Comey was way over the line.

The attorney general, Jeff Sessions, is part of the problem. He is supposed to be the nation’s head law-enforcement official, but acts as a Trump loyalist. He recently held a briefing in the White House press room — “a jaw-dropping violation of norms,” as Slate’s Leon Neyfakh wrote. Sessions has proclaimed, “This is the Trump era.”

Like Trump, he sees little distinction between the enforcement of the law and the interests of the president.

Then there’s Trump’s habit of attacking the courts.

Trump has tried to delegitimize almost any judge who disagrees with him.

His latest Twitter tantrum, on Monday, took a swipe at “the courts” over his stymied travel ban.

“We need the courts to give us back our rights,” he said, as if the courts had taken them away. It’s all very coup-y.

It joined a long list of his judge insults: “this so-called judge”; “a single, unelected district judge”; “ridiculous”; “so political”; “terrible”; “a hater of Donald Trump”; “essentially takes law-enforcement away from our country”; “THE SECURITY OF OUR NATION IS AT STAKE!”

“What’s unusual is he’s essentially challenging the legitimacy of the court’s role,” the legal scholar Charles Geyh told The Washington Post. Trump’s message, Geyh said, was: “I should be able to do what I choose.”

Wouldn’t you think he would have educated himself on all this between the election and the inauguration? If he were anyone other than himself, I mean?

TEAM TRUMP, ABOVE THE LAW. Foreign governments speed up trademark applications from Trump businesses. Foreign officials curry favor by staying at his hotel. A senior administration official urges people to buy Ivanka Trump’s clothing. The president violates bipartisan tradition by refusing to release his tax returns, thus shrouding his conflicts.

He doesn’t accept the idea of equality.

The larger message is that people who support him are fully American, and people who don’t are something less. He tells elaborate lies about voter fraud by those who oppose him, especially African-Americans and Latinos. Then he uses those lies to justify measures that restrict their voting. (Alas, much of the Republican Party is guilty on this score.)

And there’s the kingdom of lies problem.

TRUTH, MONOPOLIZED. The consistent application of laws requires a consistent set of facts on which a society can agree. The Trump administration is trying to undermine the very idea of facts.

It has harshly criticized one independent source of information after another. The Congressional Budget Office. The Bureau of Labor Statistics. The C.I.A. Scientists. And, of course, the news media.

Fake news, enemies of the people, yadda yadda.

The one encouraging part of the rule-of-law emergency is the response from many other parts of society. Although congressional Republicans have largely lain down for Trump, judges — both Republican and Democratic appointees — have not. Neither have Comey, the F.B.I., the C.B.O., the media or others. As a result, the United States remains a long way from authoritarianism.

Unfortunately, Trump shows no signs of letting up. Don’t assume he will fail just because his actions are so far outside the American mainstream.

He hasn’t failed yet, so I’m not assuming he ever will.

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