Targeting Islamic scholars from Malaysia to Tunisia, Saudia Arabia puts itself in the bull’s eye
By James M. Dorsey
Saudi Crown Prince Mohammed bin Salman Hamad I Mohammed / Reuters file
By declaring the Qatar-based International Union of Islamic Scholars (ILUM) a terrorist organization, Saudi Arabia is confronting some of the world’s foremost Islamic political parties and religious personalities, opening itself up to criticism for its overtures to Israel, and fuelling controversy in countries like Malaysia and Tunisia.
In a statement earlier this week, Saudi Arabia charged that ILUM was “using Islamic rhetoric as a cover to facilitate terrorist activities.” The banning of ILUM goes to the heart of the Gulf crisis that pits a UAE-Saudi-led alliance against Qatar and is driven by United Arab Emirates Crown Prince Mohammed bin Zayed’s visceral opposition to any expression of political Islam.
The UAE for several years has sought with little evident success to counter ILUM’s influence by establishing groups like the Muslim Council of Elders and the Global Forum for Prompting Peace in Muslim Societies as well as the Sawab and Hedayah Centres’ anti-extremism messaging initiatives in collaboration with the United States and the Global Counter-Terrorism Forum.
The ban appears to have been designed to position Saudi Arabia as the arbiter of what constitutes true Islam and marks a next phase in a four-decade long, $100 billion campaign waged by the kingdom to counter Iran by spreading for the longest period of time Sunni Muslim ultra-conservatism, that often served as an ideological inspiration for jihadist philosophy – an iteration ultra-conservatives have condemned.
ILUM “worked on destroying major religious institutions in the Muslim world, like the Council of Senior Scholars in Saudi Arabia and Al-Azhar in Egypt,” one of the foremost institutions of Islamic learning, charged Abdulrahman al-Rashed, a prominent Saudi journalist and columnist for Al Arabiya.
Al Arabiya’s owner, Waleed bin Ibrahim al-Ibrahim, was among the kingdom’s top media barons arrested in Saudi Crown Prince Mohammed bin Salman’s recent purge of members of the ruling family, senior officials, and businessmen under the mum of anti-corruption.
“The terrorism project hiding under Islam launched its work around the same time organizations which issue extremist fatwas (religious legal opinions) were founded. Like al-Qaeda and ISIS (an acronym for the Islamic State), these jurisprudential groups said they refuse to be local as they view themselves as global organizations that cross borders. The most dangerous aspect of terrorism is extremist ideology. We realize this well now,” Mr Al-Rashed said.
The Council of Senior Scholars, despite having endorsed Prince Mohammed’s reforms in a bid to salvage what it can of the power sharing agreement that from the kingdom’s founding granted his ruling Al Saud family legitimacy, is a body of ultra-conservative Islamic scholars.
Various statements by the council and its members critical of aspects of Prince Mohammed’s economic and social reform since his rise in 2015 suggest that support among its scholars is not deep-seated.
Prince Mohammed recently vowed to move the kingdom away from its embrace of ultra-conservatism and towards what he described as a more “moderate” form of Islam.
Speaking to The New York Times, Prince Mohammed argued that at the time of the Prophet Mohammed there were musical theatres, an absence of segregation of men and women, and respect for Christians and Jews, who were anointed People of the Book in the Qur’an. “The first commercial judge in Medina was a woman! Do you mean the Prophet was not a Muslim?” Prince Mohammed asked.
Authorities days later banned pilgrims from taking photos and videos in Mecca’s Grand Mosque and the Mosque of the Prophet in Medina in line with an ultra-conservative precept that forbids human images. The ban was imposed after Israeli blogger Ben Tzion posted a selfie in Mecca on social media. Authorities bar non-Muslims from entering the two holy cities.
In a statement, authorities said the ban was intended to protect and preserve Islam’s holiest sites, prevent the disturbance of worshippers, and ensure tranquillity while performing acts of worship.
Founded by controversial Egyptian-born scholar Yousef al-Qaradawi, one of Islam’s most prominent living clerics and believed to be a spiritual leader of the Muslim Brotherhood, ILUM members include Rachid al-Ghannouchi, the co-founder and intellectual leader of Tunisia’s Brotherhood-inspired Ennahada Party, and Malaysian member of parliament and Pan-Malaysian Islamic Party (PAS) head Abdul Hadi bin Awang.
Mr. Al-Qaradawi, a naturalized Qatari citizen who in the past justified suicide bombings in Israel but has since condemned them, was labelled a terrorist by Saudi Arabia, the United Arab Emirates, Bahrain and Egypt in June as part of their diplomatic and economic boycott of Qatar. The UAE-Saudi-led alliance demanded that Qatar act against Mr. El-Qaradawi and scores of others as a condition for lifting the six-month-old boycott.
The banning of ILUM has, moreover, sparked political controversy in Malaysia. Karima Bennoune, the United Nations Special Rapporteur for cultural rights, recently noted a deepening involvement of Malaysia’s religious authorities in policy decisions, developments she said were influenced by “a hegemonic version of Islam imported from the Arabian Peninsula” that was “at odds with local forms of practice.”
“Arab culture is spreading, and I would lay the blame completely on Saudi Arabia,” added Marina Mahathir, the daughter of former Malaysian Prime Minister Mahathir Mohamad
Critics of PAS demanded that Mr. Bin Awang, President of the group, “come clean that he does not preach hatred” in the words of former PAS leader Mujahid Yusof Rawa, and called on the government to ask Saudi Arabia for information to back up its charges against the union.
Mr Bin Awang, referring to Saudi King Salman, asserted last week that he relied on the “Qur’an (for guidance) although the ruler who is the servant of the Two Holy Cities has forged intimate ties with Israel and the United States, because my faith is not with the Kaaba but with Allah.” One of the most sacred sites in Mecca, Muslims turn to the Kaaba when praying.
“Just like Qatar, PAS had tried to ingratiate itself with Iran in an attempt to cover both bases, along with Saudi. Now the chicken has come home to roost, and just like Qatar, global minnows like PAS find themselves caught in the middle between the two Muslim world influencers,” said Malaysian columnist Zurairi Ar.
Among other members of ILUM is controversial Saudi scholar Salman al-Odah, who was among clerics, intellectuals, judges and activists arrested in the kingdom weeks before the most recent purge.
With millions of followers on social media, Mr. Al-Odah, a once militant scholar, turned a decade ago against jihadis like Osama bin Laden and played a key role in the kingdom’s program to rehabilitate militants, but retained his opposition to the monarchy.
Establishment Republicans have tried five ways to defeat or control Donald Trump, and they have all failed. Jeb Bush tried to outlast Trump, and let him destroy himself. That failed. Marco Rubio and others tried to denounce Trump by attacking his character. That failed. Reince Priebus tried to co-opt Trump to make him a more normal Republican. That failed.
Paul Ryan tried to use Trump; Congress would pass Republican legislation and Trump would just sign it. That failed. Mitch McConnell tried to outmaneuver Trump and Trumpism by containing his power and reach. In the Senate race in Alabama last week and everywhere else, that has failed.
Trumpist populist nationalism is still a rising force within the G.O.P., not a falling one. The Bob Corkers of the party are leaving while the Roy Moores are ascending. Trump himself is unhindered while everyone else is frozen and scared.
As a result, the Republican Party is becoming a party permanently associated with bigotry. It is becoming the party that can’t govern. And as a bonus, Trumpish recklessness could slide us into a war with North Korea that could leave millions dead.
The only way to beat Trump is to beat him philosophically. Right now the populists have a story to tell the country about what’s gone wrong. It’s a coherent story, which they tell with great conviction. The regular Republicans have no story, no conviction and no argument. They just hem and haw and get run over.
The Trump story is that good honest Americans are being screwed by aliens. Regular Americans are being oppressed by a snobbish elite that rigs the game in its favor. White Americans are being invaded by immigrants who take their wealth and divide their culture. Normal Americans are threatened by an Islamic radicalism that murders their children.
This is a tribal story. The tribe needs a strong warrior in a hostile world. We need to build walls to keep out illegals, erect barriers to hold off foreign threats, wage endless war on the globalist elites.
Somebody is going to have to arise to point out that this is a deeply wrong and un-American story. The whole point of America is that we are not a tribe. We are a universal nation, founded on universal principles, attracting talented people from across the globe, active across the world on behalf of all people who seek democracy and dignity.
The core American idea is not the fortress, it’s the frontier. First, we thrived by exploring a physical frontier during the migration west, and now we explore technological, scientific, social and human frontiers. The core American attitude has been looking hopefully to the future, not looking resentfully toward some receding greatness.
The hardship of the frontier calls forth energy, youthfulness and labor, and these have always been the nation’s defining traits. The frontier demands a certain sort of individual, a venturesome, hard-working, disciplined individual who goes off in search of personal transformation. From Jonathan Edwards to Benjamin Franklin, Abraham Lincoln to Frederick Douglass, Americans have always admired those who made themselves anew. They have generally welcomed immigrants who live this script and fortify this dynamism.
The Republican Party was founded as a free labor party. It believed in economic diversity, cultural cohesion and national greatness. The entrepreneurial economic philosophy was highly individualistic, but strong local communities built a web of nurturing relationships and shared biblical morality helped define common standards of character.
This American vision champions social mobility. The original Republicans were not for or against government, they were for government that sparked mobility; they were against government that enervated ambition. These Americans heavily invested in schools at a time when other nations were investing heavily in welfare states. These Americans built railroads and roads to increase mobility. They tore down social, racial and legal barriers to give poor boys and girls an open field and a fair chance.
Today, the main enemy is not aliens; it’s division — between rich and poor, white and black, educated and less educated, right and left. Where there is division there are fences. Mobility is retarded and the frontier is destroyed. Trumpist populists want to widen the divisions and rearrange the fences. They want to turn us into an old, settled and fearful nation.
The Republican Party is supposed to be the party that stokes dynamism by giving everybody the chance to venture out into the frontier of their own choosing — with education reform that encourages lifelong learning, with entitlement reform that spends less on the affluent elderly and more on the enterprising young families, with regulatory reform that breaks monopolies and rules that hamper start-ups, with tax reform that creates a fair playing field, with immigration reform that welcomes the skilled and the hungry.
It may be dormant, but this striving American dream is still lurking in every heart. It’s waiting for somebody who has the guts to say no to tribe, yes to universal nation, no to fences, yes to the frontier, no to closed, and yes to the open future, no to the fear-driven homogeneity of the old continent and yes to the diverse hopefulness of the new one.
A version of this op-ed appears in print on October 3, 2017, on Page A29 of the New York edition with the headline: A Philosophical Assault on Trumpism. Today’s Paper|Subscribe
*Mark S. Weiner is the author of The Rule of the Clan, winner of the Grawemeyer Award for Ideas Improving World Order. In 2015, he was a Fulbright Scholar in the Department of Legal Philosophy of the University of Salzburg.
Bannon and the destruction of the liberal order
Stephen Bannon may be out, but don’t breathe a sigh of relief. His exit poses a new, more fundamental danger for liberals worldwide. With the departure of the Trump administration’s foremost court intellectual, liberals may be tempted to maintain the strategic tack they took during the presidential campaign, when they criticized Donald Trump mainly for his temperament, not his ideas, and by implication characterized his followers on the same basis.
Such criticism is understandable but ultimately self-defeating, because it subverts the very basis of the liberal, open society famously defined by Karl Popper: critical, scientific engagement at the level of ideas.
What’s more, failing to recognize what Bannon called “the Trump Presidency that we fought for and won” as a philosophical movement means missing an opportunity to develop liberalism’s core values in the context of our own time. Forging a path between elite managerialism and authoritarian populism – the daunting task of liberalism for our age – requires knowing precisely where we are starting.
In this light, now is a crucial moment to reflect upon Bannon’s worldview – especially his philosophy of history. Trumpism, as a hostile takeover of the Republican Party, was built from the start on an elegiac slogan: “Make America Great Again.” Temporality was at the core of its campaign brand, guided by nostalgia for “the good old days.” Bannon has sought to develop this brand into a robust popular historical consciousness, and his exit from the administration will only liberate him from the constraints of actually existing institutions.
Abundant evidence of Bannon’s views about the nature of historical change are found in his documentary film Generation Zero (2010), which in retrospect looks like a playbook for the 2017 campaign.
The film argues that the 2008 financial crisis was caused by the liberalization of American moral values during the 1960s, when the Baby Boomers’ narcissism led to a culture of political graft and economic greed, underwritten by the marriage of government and business elites. These elites socialized the Baby Boomers’ debts and foisted them onto future generations and the forgotten middle class, leading to economic carnage and lost faith in public institutions. From this nadir, Bannon explains, America will be either destroyed or renewed.
The film’s narrative structure, particularly its driving movement toward cataclysm and rebirth, is provided by William Strauss and Neil Howe’s The Fourth Turning (1997), a best-selling work of sociology. Many commentators have noted with alarm the influence of the book’s apocalyptic tone on Bannon’s worldview. But more troubling is the book’s essentially Jungian argument about the mechanism of historical change.
More precisely, the book superimposes Jungian psychological archetypes onto the view, drawn from historians such as Arnold Toynbee, that history follows predictable, recurring patterns. According to Strauss and Howe, a finite set of mythic archetypes characterizes not only individuals but also the generations to which they belong. Their differing qualities provide the engine for inter-generational conflict and historical change.
Just as there are four stages of an individual human life, so there are four stages within a hundred-year era. A “Hero” generation, like that which fought World War II, is inevitably followed by an “Artist” generation, which necessarily gives rise to a moralistic “Prophet” generation that makes way for a “Nomad” generation – which in turn gives birth to a new generation of Heroes.
The balance and interaction between these generations over time leads a society to undergo a predictable set of “turnings,” from an optimistic “High” to a rebellious “Awakening,” and from there through a corrosive “Unraveling” leading to a fraught “Crisis,” which ends with a new “High.” The Crisis stage always hits American society particularly hard, because the United States has so profoundly embraced a linear understanding of time. Yet come it will, and when it does, America will either collapse or be made great again.
For Strauss and Howe, history is cyclical, its content is mythic, and its study leads to prophesy. This perspective, they argue, offers a number of concrete personal benefits, assuming that readers can unlearn the teachings of linear history (including, bracingly, “obsessive fear of death”). Most important, it offers readers “a more personal connection with the past and future,” and the feeling of being “active participants in a destiny that is both positive and plausible.” It offers readers a sense of control.
Popper had a name for such predictive historical thinking, so contrary to the scientific method. He called it “historicism.” His foundational contribution to modern liberalism, The Open Society and its Enemies (1945), is an analysis of historicism’s roots and implications for liberal democracy. In other words, our use today of the very term “open society” derives from a withering critique of the philosophy of history Bannon embraces.
Popper viewed Hegel as the main source of historicism in the modern era. But he traces the historicist attitude back to Plato, whose anti-democratic ideologies of permanent social hierarchy he interprets as a reaction to the breakdown of Greek tribalism – an effort to recover lost certainties.
Indeed, Popper views all forms of contemporary historicism, even the “remarkable” work of Toynbee himself, as an effort to resuscitate tribalism’s “closed society.” For Popper, prophetic history represents a misguided philosophical reaction against freedom, change, and individualism.
In the midst of World War II and the fight against fascism, Popper offered an alternative to the neo-tribalism of historicism: science and rationalist philosophy, or “the tradition of challenging theories and myths and of critically discussing them.” And he provided a view of historical change that rejects inevitability. Only this humane response to tribalism’s breakdown, he asserted, could set the world free and maintain its liberty.
Popper’s analysis is as important today as it was in his own time. Following Bannon’s departure, the worst thing liberals could do is to ignore Trumpism’s animating principles – for by doing so, they will subvert their own.
The Constitution offers two main paths for removing a President from office. How feasible are they?
By Evan Osnos
The history of besieged Presidencies is, in the end, the history of hubris, of blindness to one’s faults, of deafness to warnings.
Hours after Donald Trump’s Inauguration, a post appeared on the official White House petitions page, demanding that he release his tax returns. In only a few days, it gathered more signatures than any previous White House petition. The success of the Women’s March had shown that themed protests could both mobilize huge numbers of people and hit a nerve with the President. On Easter weekend, roughly a hundred and twenty thousand people protested in two hundred cities, calling for him to release his tax returns and sell his businesses. On Capitol Hill, protesters chanted “Impeach Forty-five!” In West Palm Beach, a motorcade ferrying him from the Trump International Golf Club to Mar-a-Lago had to take a circuitous route to avoid demonstrators. The White House does all it can to keep the President away from protests, but the next day Trump tweeted, “Someone should look into who paid for the small organized rallies yesterday. The election is over!”
On Tax Day itself, Trump traveled to Kenosha, Wisconsin, where he would be among his supporters again, giving a speech at Snap-on, a manufacturer of high-end power tools and other gear. Wisconsin has emerged as one of Trump’s favorite states. He is the first Republican Presidential candidate to win there since 1984. He included the state in a post-election “thank-you tour.” Another visit was planned for shortly after the Inauguration, but it was cancelled once it became clear that it would attract protests.
By this point in George W. Bush’s term, Bush had traveled to twenty-three states and a foreign country. Trump has visited just nine states and has never stayed the night. He inhabits a closed world that one adviser recently described to me as “Fortress Trump.” Rarely venturing beyond the White House and Mar-a-Lago, he measures his fortunes through reports from friends, staff, and a feast of television coverage of himself. Media is Trump’s “drug of choice,” Sam Nunberg, an adviser on his campaign, told me recently. “He doesn’t drink. He doesn’t do drugs. His drug is himself.”
Trump’s Tax Day itinerary enabled him to avoid the exposure of a motorcade; instead, he flew on Marine One directly to Snap-on’s headquarters. Several hundred protesters were outside chanting and holding signs. But the event’s organizers had created a wall of tractor-trailers around the spot where Trump would land, blocking protesters from seeing Trump and him from seeing them.
Snap-on’s headquarters, a gleaming expanse of stainless steel, chrome, and enamel, provided a fine backdrop for muscular American manufacturing, though in fact the firm closed its Kenosha factory more than a decade ago. Nick Pinchuk, the C.E.O., led Trump past displays of Snap-on products, showing him a car hooked up to state-of-the-art diagnostic equipment (“It’s a different world!” Trump mused), and a table of Snap-on souvenirs, including small, colorful metal boxes that Pinchuk said some customers buy to hold ashes after a cremation. “That’s kind of depressing,” Trump said.
An auditorium was packed with local dignitaries and Snap-on employees. As “Hail to the Chief” played on the sound system, Trump stepped onto the stage. He stood in front of a sculpture of an American flag rippling in the wind, made from hundreds of Snap-on wrenches. Behind him was a banner: “BUY AMERICAN—HIRE AMERICAN.” For a moment, the President, wearing a red tie, leaning on the lectern, looked as if he were back on the campaign trail. “These are great, great people,” he began. “And these are real workers. I love the workers.”
“We don’t have a level playing field,” he said. It was a treasured campaign line, to which he now added a vow of imminent progress: “You’re gonna have one very soon.” After Republicans abandoned their first effort to enact health-care reform, and courts blocked two executive orders designed to curb immigration from predominantly Muslim countries, he was determined to dispel any sense that his Administration had been weakened. “Our tax reform and tax plan is coming along very well,” he assured the crowd. “It’s going to be out very soon. We’re working on health care and we’re going to get that done, too.”
Trump’s approval rating is forty per cent—the lowest of any newly elected President since Gallup started measuring it. Even before Trump entered the White House, the F.B.I. and four congressional committees were investigating potential collusion between his associates and the Russian government. Since then, Trump’s daughter Ivanka and her husband, Jared Kushner, have become senior White House officials, prompting intense criticism over potential conflicts of interest involving their private businesses. Between October and March, the U.S. Office of Government Ethics received more than thirty-nine thousand public inquiries and complaints, an increase of five thousand per cent over the same period at the start of the Obama Administration. Nobody occupies the White House without criticism, but Trump is besieged by doubts of a different order, centering on the overt, specific, and, at times, bipartisan discussion of whether he will be engulfed by any one of myriad problems before he has completed even one term in office—and, if he is, how he might be removed.
When members of Congress returned to their home districts in March, outrage erupted at town-hall meetings, where constituents jeered Republican officials, chanting “Do your job!” and “Push back!” The former South Carolina governor Mark Sanford, who is now a Republican congressman, told me that he’d held eight town halls in his district. Trump won South Carolina by nearly fifteen points, so Sanford was surprised to hear people calling for him to be impeached. “I’d never heard that before in different public interactions with people in the wake of a new President being elected,” he told me. “Even when you heard it with the Tea Party crowd, with Obama, it was later in the game. It didn’t start out right away.”
Trump’s critics are actively exploring the path to impeachment or the invocation of the Twenty-fifth Amendment, which allows for the replacement of a President who is judged to be mentally unfit. During the past few months, I interviewed several dozen people about the prospects of cutting short Trump’s Presidency. I spoke to his friends and advisers; to lawmakers and attorneys who have conducted impeachments; to physicians and historians; and to current members of the Senate, the House, and the intelligence services. By any normal accounting, the chance of a Presidency ending ahead of schedule is remote. In two hundred and twenty-eight years, only one President has resigned; two have been impeached, though neither was ultimately removed from office; eight have died. But nothing about Trump is normal. Although some of my sources maintained that laws and politics protect the President to a degree that his critics underestimate, others argued that he has already set in motion a process of his undoing. All agree that Trump is unlike his predecessors in ways that intensify his political, legal, and personal risks. He is the first President with no prior experience in government or the military, the first to retain ownership of a business empire, and the oldest person ever to assume the Presidency.
For Trump’s allies, the depth of his unpopularity is an urgent cause for alarm. “You can’t govern this country with a forty-per-cent approval rate. You just can’t,” Stephen Moore, a senior economist at the Heritage Foundation, who advised Trump during the campaign, told me. “Nobody in either party is going to bend over backwards for Trump if over half the country doesn’t approve of him. That, to me, should be a big warning sign.”
Trump has embraced strategies that normally boost popularity, such as military action. In April, some pundits were quick to applaud him for launching a cruise-missile attack on a Syrian airbase, and for threatening to attack North Korea. In interviews, Trump marvelled at the forces at his disposal, like a man wandering into undiscovered rooms of his house. (“It’s so incredible. It’s brilliant.”) But the Syria attack only briefly reversed the slide in Trump’s popularity; it remained at historic lows.
I asked Jerry Taylor, the President of the Niskanen Center, a libertarian think tank, if he had ever seen so much skepticism so early in a Presidency. “No, nobody has,” he said. “But we’ve never lived in a Third World banana republic. I don’t mean that gratuitously. I mean the reality is he is governing as if he is the President of a Third World country: power is held by family and incompetent loyalists whose main calling card is the fact that Donald Trump can trust them, not whether they have any expertise.” Very few Republicans in Congress have openly challenged Trump, but Taylor cautioned against interpreting that as committed support. “My guess is that there’s only between fifty and a hundred Republican members of the House that are truly enthusiastic about Donald Trump as President,” he said. “The balance sees him as somewhere between a deep and dangerous embarrassment and a threat to the Constitution.”
It is not a good sign for a beleaguered President when his party gets dragged down, too. From January to April, the number of Americans who had a favorable view of the Republican Party dropped seven points, to forty per cent, according to the Pew Research Center. I asked Jerry Taylor, the President of the Niskanen Center, a libertarian think tank, if he had ever seen so much skepticism so early in a Presidency. “No, nobody has,” he said. “But we’ve never lived in a Third World banana republic. I don’t mean that gratuitously. I mean the reality is he is governing as if he is the President of a Third World country: power is held by family and incompetent loyalists whose main calling card is the fact that Donald Trump can trust them, not whether they have any expertise.” Very few Republicans in Congress have openly challenged Trump, but Taylor cautioned against interpreting that as committed support. “My guess is that there’s only between fifty and a hundred Republican members of the House that are truly enthusiastic about Donald Trump as President,” he said. “The balance sees him as somewhere between a deep and dangerous embarrassment and a threat to the Constitution.”
The Administration’s defiance of conventional standards of probity makes it acutely vulnerable to ethical scandal. The White House recently stopped releasing visitors’ logs, limiting the public’s ability to know who is meeting with the President and his staff. Trump has also issued secret waivers to ethics rules, so that political appointees can alter regulations that they previously lobbied to dismantle.
On the day that Trump spoke in Wisconsin, the Citizens for Responsibility and Ethics in Washington (CREW), a prominent legal watchdog group, expanded a federal lawsuit that accuses Trump of violating the emoluments clause of the Constitution, a provision that restricts officeholders from receiving gifts and favors from foreign interests. The lawsuit cites the Trump International Hotel, half a mile from the White House, which foreign dignitaries have admitted frequenting as a way to curry favor with the President. (“Isn’t it rude to come to his city and say, ‘I am staying at your competitor’?” an Asian diplomat told the Washington Post in November.) The suit, first filed in January, in the Southern District of New York, is partly an effort to pry open the President’s business records. Two plaintiffs involved in the hotel-and-restaurant industry joined the current case, arguing that Trump’s businesses enjoy unfair advantages. “This isn’t about politics; I’m a registered Republican,” Jill Phaneuf, a plaintiff who books receptions and events for hotels, has said. “I joined this lawsuit because the President is taking business away from me.”
CREW is best known for its role in exposing the ethics violations of Tom DeLay, the former House Majority Leader, who, in 2006, resigned under indictment; and of Jack Abramoff, a lobbyist who went to prison for corruption the same year. Richard Painter, the vice-chair of CREW’s board, was formerly the chief ethics lawyer in George W. Bush’s White House. He said that the Bush Administration maintained a policy of forbidding senior officials from retaining business interests that conflicted with their responsibilities, as some in Trump’s White House have done. “We never had controversies over divestment,” Painter told me. “They’d ask, ‘What is Hank Paulson’ ”—who became Treasury Secretary in 2006—“ ‘going to do?’ ‘He’s going to sell his Goldman Sachs stuff.’ It was pretty cut and dried.”
Meanwhile, nine months after the F.B.I. started investigating Russian interference in the campaign, it continues to examine potential links between Trump’s associates and the Kremlin.
Michael Flynn, who resigned as Trump’s National Security Adviser after acknowledging that he lied about his contact with Russia’s Ambassador, is seeking immunity in exchange for speaking with federal investigators, raising the prospect that he could reveal other undisclosed contacts, or a broader conspiracy. Robert Kelner, Flynn’s lawyer, wrote in a statement, “General Flynn certainly has a story to tell, and he very much wants to tell it, should the circumstances permit.” The F.B.I. is also investigating Paul Manafort, Trump’s former campaign chairman, after it was reported that Manafort received millions of dollars in cash payments from pro-Kremlin groups in Ukraine; and Carter Page, a foreign policy adviser to the Trump campaign until last September. The F.B.I. has described Page, in court filings, as having connections to Russian agents.
The White House maintains that it was unaware of any links to the Kremlin, and the details of the investigations are classified. But select members of Congress who oversee the intelligence agencies have access to the findings. Recently, one of them, Senator Mark Warner, of Virginia, the ranking Democrat on the Intelligence Committee, privately told friends that he puts the odds at two to one against Trump completing a full term. (Warner’s spokesperson said that the Senator was “not referring specifically to the Russia investigation, but rather the totality of challenges the President is currently facing.”)
In a gesture intended to convey transparency, Jared Kushner and Trump’s outside adviser Roger Stone have offered to speak to the Senate Intelligence Committee, but Newt Gingrich, a Trump campaign adviser who, when he was Speaker of the House, led the push for Bill Clinton’s impeachment, believes it is a risky maneuver. “Anybody who goes in front of a congressional hearing for something that is being investigated by the F.B.I. is in immediate danger of perjury in the most innocent way, and I think that’s really dangerous,” Gingrich told me. “None of these guys understand that this is a war, and, if the left can put them in jail, they’re going to put them in jail.”
It’s not clear how fully Trump apprehends the threats to his Presidency. Unlike previous Republican Administrations, Fortress Trump contains no party elder with the stature to check the President’s decisions. “There is no one around him who has the ability to restrain any of his impulses, on any issue ever, for any reason,” Steve Schmidt, a veteran Republican consultant, said, adding, “Where is the ‘What the fuck’ chorus?”
Trump’s insulation from unwelcome information appears to be growing as his challenges mount. His longtime friend Christopher Ruddy, the C.E.O. of Newsmax Media, talked with him recently at Mar-a-Lago and at the White House. “He tends to not like a lot of negative feedback,” Ruddy told me. Ruddy has noticed that some of Trump’s associates are unwilling to give him news that will upset him. “I don’t think he realizes how fully intimidating he is to many people, because he’s such a large guy and he’s so powerful,” Ruddy went on. “I already sense that a lot of people don’t want to give him bad news about things. I’ve already been approached by several people that’ll say, ‘He’s got to hear this. Could you tell him?’
There has been considerable speculation about Trump’s physical and mental health, in part because few facts are known. During the campaign, his staff reported that he was six feet three inches tall and weighed two hundred and thirty-six pounds, which is considered overweight but not obese. His personal physician, Harold N. Bornstein, issued brief, celebratory statements—Trump’s lab-test results were “astonishingly excellent”—mentioning little more than a daily dose of aspirin and a statin. Trump himself says that he is “not a big sleeper” (“I like three hours, four hours”) and professes a fondness for steak and McDonald’s. Other than golf, he considers exercise misguided, arguing that a person, like a battery, is born with a finite amount of energy.
Secrecy about a President’s health has a rich history. “No one in the White House wants to emphasize the fact that the President might be too ill to carry out his responsibilities,” Robert E. Gilbert, a political scientist at Northeastern University who studies Presidential health, told me. “They want everyone to think that the President is able to surmount any problem, no matter how serious, because they are thinking of reëlection, and they are thinking of the judgment of history.” Although John F. Kennedy’s tan was often described as a sign of vigor, it was caused by Addison’s disease, an endocrine disorder, which Kennedy and his aides hid for decades, and which left him dependent on multiple medications.
Yet it is impossible to conceal the sheer physical strain of the Presidency. Studying the medical records of Presidents since Theodore Roosevelt, Michael Roizen, the chairman of the Cleveland Clinic’s Wellness Institute, has concluded that “unrequited stress”—the absence of peers and friends—takes the greatest toll. Kennedy, who liked to compare his critics to hecklers at a bullfight, quoted a poem by the matador Domingo Ortega: “Only one is there who knows And he’s the man who fights the bull.” A 2015 study, led by Anupam Jena, of Harvard Medical School, analyzed the life expectancy of five hundred and forty politicians in seventeen countries. Jena found that the lives of elected leaders are, on average, 2.7 years shorter than those of the runners-up.
The Framers of the Constitution planned ahead for the death of Presidents—hence, Vice-Presidents—but they failed to address an unnerving prospect: a President who is alive and very sick. Had Kennedy survived being shot, and been left comatose, there would have been no legal way to allow others to assume his powers. To fend off that possibility, the Twenty-fifth Amendment was added to the Constitution in February, 1967. Under Section 4, a President can be removed if he is judged to be “unable to discharge the powers and duties of his office.” The assessment can be made either by the Vice-President and a majority of the Cabinet secretaries or by a congressionaly appointed body, such as a panel of medical experts. If the President objects—a theoretical crisis that scholars call “contested removal”—Congress has three weeks to debate and decide the issue. A two-thirds majority in each chamber is required to remove the President. There is no appeal.
However, the definition of what would constitute an inability to discharge the duties of office was left deliberately vague. Senator Birch Bayh, of Indiana, and others who drafted the clause wanted to insure that the final decision was not left to doctors. The fate of a President, Bayh wrote later, is “really a political question” that should rest on the “professional judgment of the political circumstances existing at the time.” The Twenty-fifth Amendment could therefore be employed in the case of a President who is not incapacitated but is considered mentally impaired.
A study by psychiatrists at Duke University, published in the Journal of Nervous and Mental Disease, in 2006, made a striking assertion: about half the Presidents they studied had suffered a mental illness at one time or another. The researchers examined biographies and medical histories of thirty-seven Presidents, from Washington to Nixon, and found that forty-nine per cent met the criteria for a psychiatric disorder—mostly depression, anxiety, and substance abuse—at some point in their lives. Ten Presidents, or about one in four, had symptoms “evident during presidential office, which in most cases probably impaired job performance.”
Some of these illnesses had far-reaching historical consequences. Just before Franklin Pierce took office, in 1853, his son died in a train accident, and Pierce’s Presidency was marked by the “dead weight of hopeless sorrow,” according to his biographer Roy Franklin Nichols. Morose and often drunk, Pierce proved unable to defuse the tensions that precipitated the Civil War.
Years after the death of Lyndon B. Johnson, it emerged that, as the war in Vietnam intensified, he exhibited symptoms of profound paranoia, leading two of his assistants to secretly seek the advice of psychiatrists. Johnson imagined conspiracies involving the Times or the United Nations or élites whom he called “those Harvards.” He took to carrying, in his jacket pocket, faulty statistics that he recited about “victory” and troop commitments in Vietnam. “For a long time, Johnson succeeded,” one of the assistants wrote, “not in changing reality, but in deceiving much of the country and, perhaps, himself.”
Only one Administration is known to have considered using the Twenty-fifth Amendment to remove a President. In 1987, at the age of seventy-six, Ronald Reagan was showing the strain of the Iran-Contra scandal. Aides observed that he was increasingly inattentive and inept. Howard H. Baker, Jr., a former senator who became Reagan’s Chief of Staff in February, 1987, found the White House in disarray. “He seemed to be despondent but not depressed,” Baker said later, of the President.
Baker assigned an aide named Jim Cannon to interview White House officials about the Administration’s dysfunction, and Cannon learned that Reagan was not reading even short documents. “They said he wouldn’t come over to work—all he wanted to do was watch movies and television at the residence,” Cannon recalled, in “Landslide,” a 1988 account of Reagan’s second term, by Jane Mayer and Doyle McManus. One night, Baker summoned a small group of aides to his home. One of them, Thomas Griscom, told me recently that Cannon, who died in 2011, “floats this idea that maybe we’d invoke the Constitution.” Baker was skeptical, but, the next day, he proposed a diagnostic process of sorts: they would observe the President’s behavior at lunch.
In the event, Reagan was funny and alert, and Baker considered the debate closed. “We finish the lunch and Senator Baker says, ‘You know, boys, I think we’ve all seen this President is fully capable of doing the job,’ ” Griscom said. They never raised the issue again. In 1993, four years after leaving office, Reagan received a diagnosis of Alzheimer’s. His White House physicians said that they saw no symptoms during his Presidency. In 2015, researchers at Arizona State University published a study in the Journal of Alzheimer’s Disease, in which they examined transcripts of news conferences in the course of Reagan’s Presidency and discovered changes in his speech that are linked to the onset of dementia. Reagan had taken to repeating words and using “thing” in the place of specific nouns, but they could not prove that, while he was in office, his judgment and decision-making were affected.
Mental-health professionals have largely kept out of politics since 1964, when the magazine Fact asked psychiatrists if they thought Barry Goldwater was psychologically fit to be President. More than a thousand said that he wasn’t, calling him “warped,” “impulsive,” and a “paranoid schizophrenic.” Goldwater sued for libel, successfully, and, in 1973, the American Psychiatric Association added to its code of ethics the so-called “Goldwater rule,” which forbade making a diagnosis without an in-person examination and without receiving permission to discuss the findings publicly. Professional associations for psychologists, social workers, and others followed suit. With regard to Trump, however, the rule has been broken repeatedly. More than fifty thousand mental-health professionals have signed a petition stating that Trump is “too seriously mentally ill to perform the duties of president and should be removed” under the Twenty-fifth Amendment.
Lance Dodes, a retired Assistant Clinical Professor of psychiatry at Harvard Medical School, believes that, in this instance, the Goldwater rule is outweighed by another ethical commitment: a “duty to warn” others when he assesses that a person might harm them. Dodes told me, “Trump is going to face challenges from people who are not going to bend to his will. If you have a President who takes it as a personal attack on him, which he does, and flies into a paranoid rage, that’s how you start a war.”
Like many of his colleagues, Dodes speculates that Trump fits the description of someone with malignant narcissism, which is characterized by grandiosity, a need for admiration, sadism, and a tendency toward unrealistic fantasies. On February 13th, in a letter to the Times, Dodes and thirty-four other mental-health professionals wrote, “We fear that too much is at stake to be silent any longer.” In response, Allen Frances, a Professor Emeritus at Duke University School of Medicine, who wrote the section on narcissistic personality disorder in the Diagnostic and Statistical Manual of Mental Disorders—IV, sought to discourage the public diagnoses. Frances wrote, “He may be a world-class narcissist, but this doesn’t make him mentally ill, because he does not suffer from the distress and impairment required to diagnose mental disorder. . . . The antidote to a dystopic Trumpian dark age is political, not psychological.”
To some mental-health professionals, the debate over diagnoses and the Goldwater rule distracts from a larger point. “This issue is not whether Donald Trump is mentally ill but whether he’s dangerous,” James Gilligan, a Professor of Psychiatry at New York University, told attendees at a recent public meeting at Yale School of Medicine on the topic of Trump’s mental health. “He publicly boasts of violence and has threatened violence. He has urged followers to beat up protesters. He approves of torture. He has boasted of his ability to commit and get away with sexual assault,” Gilligan said.
Bruce Blair, a research scholar at the Program on Science and Global Security, at Princeton, told me that if Trump were an officer in the Air Force, with any connection to nuclear weapons, he would need to pass the Personnel Reliability Program, which includes thirty-seven questions about financial history, emotional volatility, and physical health. (Question No. 28: Do you often lose your temper?) “There’s no doubt in my mind that Trump would never pass muster,” Blair, who was a ballistic-missile launch-control officer in the Army, told me. “Any of us that had our hands anywhere near nuclear weapons had to pass the system. If you were having any arguments, or were in financial trouble, that was a problem. For all we know, Trump is on the brink of that, but the President is exempt from everything.”
In the months since Trump took office, several members of Congress have cited concern about his mental health as a reason to change the law. In early April, Representative Jamie Raskin, a Maryland Democrat and a Professor of Constitutional Law at American University, and twenty co-sponsors introduced a bill that would expand the authority of medical personnel and former senior officials to assess the mental fitness of a President. The bill has no chance of coming up for a vote anytime soon, but its sponsors believe that they have a constitutional duty to convene a body to assess Trump’s health. Representative Earl Blumenauer, of Oregon, introduced a similar bill, which would also give former Presidents and Vice-Presidents a voice in evaluating a President’s mental stability. Of Trump, he said, “The serial repetition of proven falsehoods—Is this an act? Is this a tactic? Is he just wired weird? It raises the question in my mind about the nature of Presidential disability.”
Over the years, the use, or misuse, of the Twenty-fifth Amendment has been irresistible to novelists and screenwriters, but political observers dismiss the idea. Jeff Greenfield, of CNN, has described the notion that Trump could be ousted on the basis of mental health as a “liberal fantasy.” Not everyone agrees. Laurence Tribe, a professor of constitutional law at Harvard, told me, “I believe that invoking Section 4 of the Twenty-fifth Amendment is no fantasy but an entirely plausible tool—not immediately, but well before 2020.” In Tribe’s interpretation, the standard of the amendment is not “a medical or otherwise technical one but is one resting on a commonsense understanding of what it means for a President to be ‘unable to discharge the powers and duties of his office’—an inability that can obviously be manifested by gross and pathological inattention or indifference to, or failure to understand, the limits of those powers or the mandatory nature of those duties.”
As an example of “pathological inattention,” Tribe noted that, on April 11th, days after North Korea launched a missile, Trump described an aircraft carrier, the U.S.S. Carl Vinson, as part of an “armada” advancing on North Korea, even though the ship was sailing away from North Korea at the time. Moreover, Tribe said, Trump’s language borders on incapacity. Asked recently why he reversed a pledge to brand China a currency manipulator, Trump said, of President Xi Jinping, “No. 1, he’s not, since my time. You know, very specific formula. You would think it’s like generalities, it’s not. They have—they’ve actually—their currency’s gone up. So it’s a very, very specific formula.”
Lawrence C. Mohr, who became a White House physician in 1987 and remained in the job until 1993, came to believe that Presidential disability must be understood to encompass “very subtle manifestations” that might impair the President’s capacity to do the job. A President should be evaluated for “alertness, cognitive function, judgment, appropriate behavior, the ability to choose among options and the ability to communicate clearly,” Mohr told a researcher in 2010. “If any of these are impaired, it is my opinion that the powers of the President should be transferred to the Vice-President until the impairment resolves.”
In practice, however, unless the President were unconscious, the public could see the use of the amendment as a constitutional coup. Measuring deterioration over time would be difficult in Trump’s case, given that his “judgment” and “ability to communicate clearly” were, in the view of many Americans, impaired before he took office. For those reasons, Robert Gilbert, the Presidential-health specialist, told me, “If the statements get too strange, then the Vice-President might be able to do something. But if the President is just being himself—talking in the same way that he talked during the campaign—then the Vice-President and the Cabinet would find it very difficult.”
The power of impeachment is a more promising tool for curtailing a defective Presidency. The Framers considered the ability to eject an executive so critical that they enshrined it in the Constitution even before they had agreed on the details of the office itself. On June 2, 1787, while the delegates to the Constitutional Convention, in Philadelphia, were still arguing whether the Presidency should consist of a committee or a single person, they adopted, without debate, the right to impeach for “malpractice or neglect of duty.” They gave the House of Representatives the power to impeach a President for “treason, bribery or other high Crimes and Misdemeanors” by a simple majority vote, and they gave the Senate the power to convict or dismiss the charges, setting a high bar for conviction, with a two-thirds majority.
But what would “high Crimes and Misdemeanors” mean in practice? In 1970, during an unsuccessful effort to impeach the Supreme Court Justice William O. Douglas, Representative Gerald Ford argued that an impeachable offense was “whatever a majority of the House of Representatives considers it to be at a given moment in history.” That was an overstatement—the President was never intended to serve at the pleasure of Congress—but it contained an essential truth: impeachment is possible even without a specific violation of the U.S. Criminal Code. When Alexander Hamilton wrote of “high Crimes,” he was referring to the violation of “public trust,” by abusing power, breaching ethics, or undermining the Constitution.
The first test came with the impeachment of Andrew Johnson, in 1868. Johnson, who became President after Lincoln’s assassination, was a combative Tennessean, sympathetic to the Southern states, and was uncomfortable in Washington, which he disparaged as “twelve square miles bordered by reality.” He mocked the legislative branch as “a body called, or which assumes to be, the Congress,” and vetoed the Civil Rights Bill of 1866, which was intended to confer citizenship on freed slaves. Congress was incensed; Senator Carl Schurz, of Missouri, compared Johnson to “a wounded and anger-crazed boar.” Eventually, the President engineered a showdown with Congress, by deliberately breaking a law against firing a Cabinet secretary without Senate consent. As a result, the House moved to impeach him, accusing him of “denying” the work of another branch of government and “preventing the execution” of laws passed by Congress. Johnson was acquitted in the Senate by one vote.
David O. Stewart, the author of “Impeached,” a history of the case, told me that it established a crucial point: impeachment is not a judicial proceeding but a tool of political accountability. “Because of the unique powers of the executive, we are depending on a single person to be wise and sane,” Stewart said. “If, in fact, there are enough people who no longer think those are both true, impeachment is designed to deal with that.” For this reason, actual evidence of misconduct may not be the most important criterion in determining which Presidents get impeached. “The most important thing is political popularity,” Michael J. Gerhardt, a professor of constitutional law at the University of North Carolina, told me. “A popular President is unlikely to be threatened with impeachment. Second is your relationship with your party—how strongly are they connected to you? Third is your relationship with Congress, and fourth is the nature of whatever the misconduct may be.”
By far the most valuable lessons about impeachment come from Richard Nixon. In 1974, Nixon resigned shortly before he could be impeached, but his misjudgments—political, psychological, and legal—have illuminated the risks to Presidents ever since. In 1972, Nixon’s White House oversaw the bugging of the Democratic National Committee offices at the Watergate complex and the ensuing coverup. That was illegal and unethical, but it did not guarantee Nixon’s downfall, which came about because of two critical mistakes.
First, when the scandal emerged, the President underestimated the threat. “There were any number of steps that could have made it go away,” Evan Thomas, the author of “Being Nixon,” told me. “They could have cleaned house and fired people.” But Nixon assumed that his supporters would never believe the accusations. “He was ahead by thirty-four points in the polls in August, 1972,” Thomas went on. “He could have taken his clothes off and run around the White House front yard and he was going to win reëlection.”
As the scandal ground on, Nixon made his second mistake: he flouted the authority of a coequal branch of government. In October, 1973, Nixon refused to obey a federal appellate-court ruling that ordered him to turn over tapes of conversations in the Oval Office, and he forced out the investigation’s special prosecutor, Archibald Cox. For nine months, Nixon continued to resist—in effect threatening the basic constitutional system—until, in July, 1974, the Supreme Court ruled that he had to comply. By then, the damage was done, and the House Judiciary Committee launched impeachment hearings. By thwarting other branches, Nixon weakened his support in Congress and convinced the country that he had something to hide. Until that point, much of the public had not focused on the slow, complex investigation, but interviews at the time show that Nixon’s stonewalling made people pay attention, and he never recovered. “Well, everything has added up to his incompetence over the last few months, and I don’t think the American people should stand for it any longer,” a woman interviewed in New York by the Associated Press said. “In fact, I just signed an impeach petition.”
By August, many of his top aides had been indicted, and polls showed that fifty-seven per cent of the public believed that Nixon should be removed from office. On August 6th, after a tape recording surfaced which captured him orchestrating the cover up, he was abandoned by Republicans who had previously derided the Watergate scandal as a witch hunt. Senator Barry Goldwater, of Arizona, told colleagues, “Nixon should get his ass out of the White House—today!” On August 9th, Nixon sent a letter to Secretary of State Henry Kissinger: “Dear Mr. Secretary, I hereby resign the Office of President of the United States. Sincerely, Richard Nixon.”
A quarter century later, the Bill Clinton impeachment yielded two related lessons—one about the path into crisis, and one about the path out of it. The first lesson was that investigations beget investigations. In January, 1994, when a special prosecutor started looking into Bill and Hillary Clinton’s investments in Whitewater, a failed Arkansas real-estate deal, there was no way to anticipate that it would conclude, nearly five years later, with Clinton’s impeachment for trying to cover up an affair with Monica Lewinsky, a twenty-two-year-old White House intern. Many raged against the conduct of that inquiry, accusing Kenneth Starr, the independent counsel, of abusing his powers, but the outcome demonstrated that a White House under investigation is in danger of spiraling into crisis.
The second lesson of the Clinton impeachment comes from the strategy adopted by his legal team. Learning from Nixon’s fate, the lawyers realized that congressional Democrats would abandon Clinton if they concluded that he had lost the trust of the public. Gregory Craig, one of the lawyers who directed Clinton’s defense, told me recently, “The fundamental point is that it’s a political process.” He and his team spent less energy on disputing the details of evidence than on maintaining support from fellow-Democrats and from the public. They painted Clinton as the victim of a partisan quest to exploit an offense—covering up an affair—that was not on the scale of abuse that the Framers had in mind. “To be honest, we pursued a strategy that embraced polarization,” Craig recalled. “I gave a statement to the press that said this is the most unfair process since the Inquisition in Spain. Some arcane historical reference came out of my mouth. I said, ‘It’s like they’ve tied up President Clinton, put him in a closet in the middle of the night and turned off the lights, and they’re whipping him.’ ”
The strategy succeeded. By the time the House impeached Clinton, on December 19, 1998, his approval rating had risen to more than seventy per cent—his highest level ever. “It’s a vindictive party that just went out to get him,” a man at an American Legion post in San Diego told a reporter, in December, just before the House voted to impeach. When the case reached the Senate, Clinton’s lawyers capitalized on his popularity and presented his misdeeds in the broader context of his Presidency. In closing arguments, Charles Ruff, the White House counsel, asked, “Would it put at risk the liberties of the people to retain the President in office?” The Senate acquitted Clinton on all charges.
Were Trump to face impeachment, his lawyers would likely try to present him as a victim of a partisan feud, but his unpopularity would be a liability; Republicans in Congress would have little reason to defend him. Nonetheless, the Clinton impeachment may contain an even larger warning for Democrats in pursuit of Trump. “It’s pretty important to be seen in sorrow rather than anger,” Stewart, the historian of impeachment, said. “Don’t emerge red in tooth and claw. That’s not merely tactical—it’s good for the country, because you should only pursue impeachment if you really have to.”
Not long ago, the topic of impeaching Trump occupied a spot on the fringe of Democratic priorities somewhere around the California secessionist movement. “If you’d have asked me around Election Day, I would have said it’s not realistic,” Robert B. Reich, Clinton’s Secretary of Labor, told me in April. “But I’m frankly amazed at the degree of activism among Democrats and the degree of resolution. I’ve not seen anything like this since the anti-Vietnam movement. ” In April, Reich, who is now a professor of public policy at the University of California, Berkeley, released an animated short, mapping out the path to impeachment, and it became an unlikely viral hit, attracting 3.5 million views on YouTube in the first twenty-four hours.
Because the Republican leadership in the House of Representatives will almost certainly not initiate the ouster of a Republican President, the first step in any realistic path to impeachment is for Democrats to gain control of the House. The next opportunity is the 2018 midterm elections. Republicans have been relatively confident, in part because their redistricting in 2010 tilted the congressional map in their favor. But Douglas Holtz-Eakin, a Republican economist and the president of the right-leaning American Action Forum, believes that the chances of control shifting to the Democrats is greater than many people in either party realize. “After a party takes the House, the Senate, and the White House, they typically lose thirty-five seats in the House in the next midterm,” he told me. “Republicans now hold the House by twenty-three seats, so, as a going proposition, they’re in trouble. They need to do really, really well.”
Unfortunately for the congressional G.O.P., unpopular Presidents sow midterm fiascos. Since 1946, whenever a President has had an approval rating above fifty per cent, his party has lost an average of fourteen seats in the midterms, according to Gallup; whenever the rating has been below fifty per cent, the average loss soars to thirty-six seats. Steve Schmidt, the Republican consultant, is concerned that, in 2018, the Party faces a convergence of vulnerabilities akin to those which pertained during the 2006 midterms, whose outcome George W. Bush characterized as “a thumping.” Schmidt told me, “The last time Republicans lost control of the House of Representatives, it was on a mix of competency—Iraq and Katrina—and corruption in government, with the Tom DeLay Congress.” The Trump Administration has a comparable “basic competency issue,” he said. “The constant lying, the lack of credible statements from the White House, from the President on down to the spokesperson, the amateurishness of the threats to the members of Congress, the ultimatums, the talk of ‘enemy lists’ and retribution.”
Tom Davis, who twice led Republican congressional-election efforts during fourteen years as a representative from Virginia, believes that his former colleagues are overly complacent. “These guys need a wake-up call. They’re just living in la-la land,” he said. He pointed out that regardless of the final outcome of an attempt to impeach—the two-thirds majority in the Senate remains a high bar to clear—Democratic control of the House would immediately make Trump more vulnerable to investigations. “If the gavels change hands, it’s a different world. No. 1, all of his public records, they will go through those with a fine-tooth comb—income taxes, business dealings. At that point, it’s not just talk—they subpoena it. It gets ugly real fast. He has so far had a pass on all this business stuff, and I don’t know what’s there, but I’ve got to imagine that it’s not pretty in this environment.”
If Democrats retake the House, the Judiciary Committee could establish a subcommittee to investigate potential abuses and identify specific grounds for impeachment. The various investigations of Trump already in process will come into play. In addition to allegations of business conflicts and potential Russian collusion, Trump is facing dozens of civil proceedings. In a case in federal court, he is accused of urging violence at a campaign rally in Louisville, Kentucky, in March, 2016, where he yelled, referring to a protester, “Get ’em out of here.” In a New York state court, he is facing a suit brought by Summer Zervos, a former contestant on “The Apprentice,” who alleges that he sexually assaulted her in 2007. The constitutional question of whether a President could be impeached for offenses committed before he took office is unsettled, but, as Clinton’s case showed, civil proceedings contain risks whenever a President testifies under oath.
Many scholars believe that the most plausible bases for a Trump impeachment are corruption and abuse of power. Noah Feldman, a Harvard Law School professor who specializes in constitutional studies, argues that, even without evidence of an indictable crime, the Administration’s pattern of seemingly trivial uses of public office for private gain “can add up to an impeachable offense.” Last week, after the State Department took down an official Web page that showcased Trump’s private, for-profit club, Mar-a-Lago, Feldman told me, “A systematic pattern shown through data points would count as grounds for impeachment.” He said that economic analysis of the former Italian Prime Minister Silvio Berlusconi’s self-enrichment proves the concept. “Berlusconi is said to have gained at most one per cent per business transaction from his Presidency, but that added up to more than a billion euros,” Feldman said.
Allan J. Lichtman is an American University historian who has correctly forecast every Presidential election since 1984 (including Trump’s victory). In April, he published “The Case for Impeachment,” in which he predicted that Trump will not serve a full term, because of a “Nixonian” pattern of trespassing beyond constitutional boundaries. He cited an incident in late January, during the legal battle over Trump’s first executive order on immigration. James L. Robart, the U.S. district judge who blocked the order, rejected the White House’s claim that the court could not review the President’s decision, ruling that the executive must “comport with our country’s laws, and more importantly, our Constitution.” Trump’s response was a further violation of democratic norms: he disparaged Robart as a “so-called judge” and said that he should be held responsible for future terrorist acts on Americans. “If something happens blame him and court system. People pouring in. Bad!” Trump tweeted.
Senator Richard Blumenthal, a Connecticut Democrat who is on the Judiciary Committee, believes that the Administration’s actions denigrating or denying the power of equal branches of government portend a “constitutional crisis” akin to Nixon’s refusal to accept the appellate-court judgment regarding the White House tapes. Last week, lawmakers from both parties announced that White House officials had refused a request from an oversight committee to turn over internal documents related to the hiring and resignation of Michael Flynn. In a letter to the House oversight committee, Marc T. Short, the White House director of legislative affairs, said that the Administration is withholding documents because they “are likely to contain classified, sensitive and/or confidential information.” Blumenthal told me, “I foresee a point that there will be subpoenas or some kind of compulsory disclosure issued against the President or the Administration by one of the investigative bodies—the F.B.I. or the Intelligence Committee or an independent commission, if there is one—and, at that point, there may be the sort of confrontation that we haven’t really seen in the same way since United States versus Nixon.”
Trump campaigned as a dealmaker who could woo disparate Republicans. Though there was no natural Trumpist wing of the Party, he was expected to ally with the three dozen conservative members of the Freedom Caucus, who tended to admire his anti-establishment populism. But the relationship descended into acrimony almost immediately. After the caucus objected to part of Trump’s effort to repeal and replace Obamacare, leading to the collapse of the bill, Trump publicly threatened to target its members in next year’s elections. “The Freedom Caucus will hurt the entire Republican agenda if they don’t get on the team, & fast,” he tweeted. “We must fight them, & Dems, in 2018!”
He went after individual members as well. At one point, he threatened to support a primary challenger against Mark Sanford, the South Carolina congressman. I asked Sanford if he regarded the threat as a bargaining tactic. “I think it was genuine,” he said. “It certainly wasn’t said in a way that suggested a bluff and then a wink and a nod.” Sanford said, of the level of support for Trump among Republicans in Congress, “In general, the mood of the conference is that we’re in the same boat together.” But he added a caveat: “This has to fundamentally be a game of addition, not just subtraction. I’m not sure the Administration has fully grasped that concept yet. You’re probably not adding to the list of permanent allies and friends.” He went on, “I think that there’s a degree of immunity that has come with the way that he has broken all of the past molds. But I would also argue that there’s a half-life to that.”
Trump is not faring much better with moderate Republicans. At a meeting in March, Charlie Dent, a seven-term centrist congressman from Pennsylvania, expressed misgivings about the health-care plan, and Trump lashed out. “He said something to the effect that I was destroying the Republican Party,” Dent told me. “And that the tax reform is going to fail because of me, and I’d be blamed for it.” In targeting Dent, Trump found an unlikely antagonist. Dent co-chairs an alliance of fifty-four moderate Republicans so resolutely undogmatic that they call themselves simply “the Tuesday Group.” Dent said that he remains ready to back Trump “when the President is on the right track,” but he left no doubt that he would break when his conscience requires it. “We have to serve as a check. I mean, that’s kind of our one power. We should accept that.”
William Kristol, the editor-at-large of The Weekly Standard, one of the most prominent conservative critics of Trump, told me that the Administration’s failure to get any bills passed was stirring frustration. “Most Republicans, I would say, wanted him to succeed and were bending over backwards to give him a chance,” Kristol said. “I think there was pretty widespread disappointment. You kind of knew what you were getting in terms of some of the wackiness and also some of the actual issues that people might not agree with him on—trade, immigration—but I think that just the level of chaos, the lack of discipline, was beginning to freak members of Congress out a little bit.”
The history of besieged Presidencies is, in the end, a history of hubris—of blindness to one’s faults, of deafness to the warnings, of seclusion from uncomfortable realities. The secret of power is not that it corrupts; that is well known. “What is never said,” Robert Caro writes, in “Master of the Senate,” about Lyndon Johnson, “is that power reveals.”
Trump has been meeting with congressional Republicans in small groups. By and large, they have found him more approachable than they expected, but much less informed. “Several have been a little bit amazed by the lack of policy knowledge,” Kristol said. “God knows Presidents don’t need to know the details of health-care bills and tax bills, and I certainly don’t, either—that’s what you have aides for. But not even having a basic level of understanding? I think that has rattled people a little bit.” He added, “Reagan may not have had a subtle grasp of everything, but he read the briefing books and he knew the arguments, basically. And Trump is not even at that level.”
When I asked Kristol about the chances of impeachment, he paused to consider the odds. Then he said, “It’s somewhere in the big middle ground between a one-per-cent chance and fifty. It’s some per cent. It’s not nothing.
The history of besieged Presidencies is, in the end, a history of hubris—of blindness to one’s faults, of deafness to the warnings, of seclusion from uncomfortable realities. The secret of power is not that it corrupts; that is well known. “What is never said,” Robert Caro writes, in “Master of the Senate,” about Lyndon Johnson, “is that power reveals.” Trump, after a lifetime in a family business, with no public obligations and no board of directors to please, has found himself abruptly exposed to evaluation, and his reactions have been volcanic. Setting a more successful course for the Presidency will depend, in part, on whether he fully accepts that critics who identify his shortcomings are capable of curtailing his power. When James P. Pfiffner, a political scientist at George Mason University, compared the White House crises that confronted Nixon, Reagan, and Clinton, he identified a perilous strain of confidence. In each case, Pfiffner found, the President could not “admit to himself that he had done anything wrong.” Nixon convinced himself that his enemies were doing the same things he was; Reagan dismissed the trading of arms for hostages as the cost of establishing relations with Iran; Clinton insisted that he was technically telling the truth. In Pfiffner’s view, “Each of these sets of rationalizations allowed the Presidents to choose the path that would end up damaging them more than an initial admission would have.”
Law and history make clear that Trump’s most urgent risk is not getting ousted; it is getting hobbled by unpopularity and distrust. He is only the fifth U.S. President who failed to win the popular vote. Except George W. Bush, none of the others managed to win a second term. Less dramatic than the possibility of impeachment or removal via the Twenty-fifth Amendment is the distinct possibility that Trump will simply limp through a single term, incapacitated by opposition.
William Antholis, a political scientist who directs the Miller Center, at the University of Virginia, told me that, thus far, the President that Trump most reminds him of is not Nixon or Clinton but Jimmy Carter, another outsider who vowed to remake Washington. Carter is Trump’s moral and stylistic opposite, but, Antholis said, “he couldn’t find a way to work with his own party, and Trump’s whole message was pugnacious. It was ‘I alone can fix this.’ ” Like Trump, Carter had majorities in both chambers, but he alienated Congress, and, after four years, he left the White House without achieving his ambitions on welfare, tax reform, and energy independence.
Oscillating between the America of Kenosha and the America of Mar-a-Lago, Trump is neither fully a revolutionary nor an establishmentarian. He is ideologically indebted to both Patrick Buchanan and Goldman Sachs. He is what the political scientist Stephen Skowronek calls a “disjunctive” President, one “who reigns over the end of his party’s own orthodoxy.” Trump knows that Reaganite ideology is no longer politically viable, but he has yet to create a new conservatism beyond white-nationalist nostalgia. For the moment, all he can think to do is rekindle the embers of the campaign, to bathe, once more, in the stage light. It lifts him up. But what of the public? Does he understand that all citizens will have a hand in his fate?
When Trump’s speech in Kenosha was over, he walked across the stage to sign an executive order. “Get ready, everybody,” he said. “This is a big one.” Since taking office, he had issued twenty-four executive orders, and the signings had become a favorite way of displaying his power. The scope of this order was modest—it merely established studies of visas and imports—but he described it as “historic.”
He uncapped a pen and, just before he signed the order, he said, “Who should I give the pen to? The big question, right?” There was nervous laughter, and he called some local and visiting politicians up to the stage to stand beside him while he signed. Then he said, “This is a tremendous honor for me,” and tried his joke again: “The only question is, who gets the pen?” He held up the signed order to the cameras, as always, pivoting left, then right, and grinned broadly.
He stepped down from the stage and walked along the front row of the audience, shaking hands, before his Secret Service detail escorted him toward Marine One. He was going straight back to Washington. The audience, kept in place until he was safely extricated, milled about awkwardly. The theatrical atmosphere dissipated, leaving behind the remainder of an ordinary Tuesday at work.
I approached a woman who introduced herself as Donna Wollmuth. She was sixty-eight years old, and she worked in Snap-on’s warehouse, packing boxes for shipment. I asked her what she thought of Trump’s comments. “I believe in it,” she said. “And I believe in America. I want the jobs back here.”
At first, I wondered if she was merely repeating Trump’s slogans, but it became clear that she had thought hard about his message. Her story was of the kind that has become a stock explanation for Trump’s rise. For twenty-three years, she operated a sewing machine, making briefs and sportswear at Jockey. When the plant closed, in 1993, and production moved offshore, she found a job at the Chicago Lock factory (“Five years later, they closed”) and then one at Air Flow Technology, making industrial filters. After fourteen years there, she was earning almost seventeen dollars an hour, but in 2015 she was laid off. “I lost my job there because they hired somebody that they could pay seven dollars less. It was a lot of immigrants there. Let’s put it that way. I’m sure you know what I mean.” She didn’t like the way it sounded, but she wanted me to understand. “I’m just so stuck on this immigration thing. I really am, because I’ve lived through it, giving benefits and everything to people that aren’t here legally.”
Wollmuth had almost always voted for Democrats, but she had come to believe that her family—she has seven grandchildren and step grandchildren—faced a dark future. When Trump entered the race, Wollmuth was turned off by his antics. “He’s gotta learn to keep his mouth shut,” she said, but his pledge to reënergize American manufacturing was too specific and attractive to ignore. She took a chance on Trump, as did many of her neighbors. After going for Obama by large margins in the previous two elections, Kenosha County sided with Trump, by just two hundred and fifty-five votes out of more than seventy-one thousand cast.
That is a fragile buffer. In late April, Trump promoted the results of a Washington Post/ABC News poll showing that only two per cent of those who voted for him regretted doing so. When I asked Wollmuth if she had any regrets, she made it clear that it was the wrong question. “I don’t want to be disappointed, and I hope he’s really trying,” she said. “I’d like to believe that. I’d like to see it happen. I’ve got mixed emotions with him so far.”
Walking out of Snap-on’s headquarters, through the chanting crowd, I wondered whether Trump could see the protesters from his chopper. He knows the unpredictable potential of a crowd. I remembered something that Sam Nunberg, the Trump campaign adviser, had told me about Trump’s fixation on crowds. “I said to him once, ‘I understand it’s the biggest. Who gives a shit? Who cares at this point? What we care about is votes,’ ” Nunberg said. “And he says, ‘No. It’s got to be.’ Some of it was he was seriously concerned about the country. He also wanted to see where this went and what it was. The crowds and energy showed him it was a movement.” ♦
An earlier version of this story misstated the name of Duke University’s medical school.
IT is increasingly obvious these days that many of the people who call themselves conservative can’t even agree on what the term means. Despite simultaneous Republican control of the White House and both houses of Congress, the conservative movement seems endlessly at odds.
Senator Mitch McConnell’s recent troubles with the Republican health care bill have presented a window into these continuing disagreements for the world at large to peek through. But health care is hardly the only issue on which the movement is divided: looming debates on tax reform, trade, foreign policy and immigration imperil conservative progress.
Conservatives speak wistfully of an era of conservative unity that brought about policy transformations, especially under President Ronald Reagan in the 1980s. Both the animating ideas and the corresponding policies were in harmony because Reagan believed in a conservative philosophy and used that philosophy to carry out actionable policy.
Crucially, this period was also characterized by a belief that there was a unifying strand to conservatism, and that the Republican Party was the political home for this movement. Even if conservatives disagreed on the details of a specific policy, they agreed on a general direction and on supporting political leaders who would get them there. As for the Republican Party, it was a vehicle for debating policy and ideology, serving as a party of ideas, in contrast to the Democrats’ warring coalition of needy interest groups.
Senate Majority Leader Mitch McConnell (R)
Conservative reveling in this bygone past is a phenomenon that predates the most recent presidential election. As Jonah Goldberg, a fellow at the American Enterprise Institute, told me: “G.O.P. primaries for the last few cycles have been like the nerdiest possible re-creation of the end of ‘Spartacus’: ‘I am Ronald Reagan.’ ‘No, I am Ronald Reagan.’ ”
The halcyon period of the 1980s did not develop out of nowhere. Reaching this degree of unity was hard, with the Reaganite consensus emerging over a lengthy period of debate dating back to conservatism’s modern revival in the 1950s.
Yale- Educated William F. Buckley Jr. of The National Review
Whenever conservatives talk about unity, the unifying figure in this regard is William F. Buckley Jr. Shortly after starting National Review in 1955, Mr. Buckley and his colleagues sought to join together the various elements of the respectable right. Mr. Buckley’s associate, Frank Meyer, an ex-Marxist of libertarian inclinations, found the key to uniting disparate elements under a common rubric. Mr. Meyer called for a defense of both Western civilization and personal freedom that came to be known as “fusionism.”
Fusionism was an explicit recognition of certain shared concerns — about the existential threat of Communism abroad and the growth of government at home. It managed to bring together both government-skeptical libertarians and religiously minded traditionalists by emphasizing the importance of the individual and Western civilization, as well as the Communist threat to both.
When it came to governing, though, fusionism provided somewhat less guidance. Think tanks like the Heritage Foundation and the Hoover Institution stepped in to fill the void, producing policy books called “Mandate for Leadership” and “The United States in the 1980s.” The Reagan administration then carried out their policy recommendations, or at least many of them. Mr. Buckley himself recognized but also gently mocked the importance of the Heritage Foundation’s work, saying, “Sixty percent of the suggestions enjoined on the new president were acted upon (which is why Mr. Reagan’s tenure was 60 percent successful).”
Within these policy manifestoes and Mr. Reagan’s rhetoric, certain overarching ideas emerged to guide politicians: aggressive prosecution of the Cold War against the Soviet Union, lower taxes and a tough stance on crime.
Today, with a larger conservative movement, it’s harder to find areas of agreement. The policies pursued under the fusionist umbrella now have less sway. The cold warriors’ tough stance on Russia is no longer unifying in a post-Soviet era, to say the least. A more contemporary, and more elusive, idea is the concept of a clash of civilizations that President Trump alluded to in his speech in Poland last week: “The fundamental question of our time is whether the West has the will to survive.”
Crime remains an issue, but less so than in the 1980s or the 1990s, in part because many urban politicians, including liberal ones, adopted conservative recommendations on how to combat crime, like the broken windows theory of policing. As for marginal tax rates, conservative policies reduced them, and took so many people off the income tax rolls that 44 percent of Americans pay no federal income taxes. The hidden lesson here is that conservative policy successes had the effect of making core conservative ideas less politically resonant among voters and thus making them ineffective for unity as well.
At a surface level, some issues do appear to unite current conservatives: disdain for anti-conservative and anti-Republican bias in the mainstream media; support for conservative judges like Neil Gorsuch, who joined the Supreme Court in April; and support for Israel. But these issues themselves are insufficient, as well as more limiting.
As Lanhee Chen, a Research Fellow at Hoover, told me, “those three things alone don’t make a governing agenda.” When I asked Sally Satel, a resident scholar at A.E.I., about whether these areas of agreement could form the basis of a real consensus, she said sarcastically, “Talk about a big tent. …”
Another problem is that these issues unify mainly in opposition to forces conservatives dislike: liberal journalists, judicial activists and Israel bashers. Vin Weber, a former Republican Representative, summed it up this way: “We sort of know who we are against.” Mr. Weber believes that conservatives “need to refocus on why we have a G.O.P.”
In the great sorting that is to come, some conservatives who divided over this most recent election will find themselves permanently ensconced in different camps. But there is still hope for a semblance of unity if conservatives build out from the admittedly narrow list of areas of common agreement in the development of a new conservative agenda. If this difficult yet important work of creating a new conservative agenda at all three levels — philosophy, policy and politics — does not happen, then the conservative movement will lose much of its ability to shape the Republican Party going forward.
Getting this recalibration right is not a short-term commitment. The period from the creation of National Review to the election of Ronald Reagan was 25 years. This upcoming period of conservative re-examination will take some time — although hopefully not as much — as well.
To complicate matters, intense disagreement about the sitting president could make it harder to accomplish this work during Mr. Trump’s tenure. As Jonah Goldberg put it to me, “Trump is like a magnet next to a compass,” making it harder for conservatives to find true north as they argue over whether it is the duty of conservatives to support him or the duty of conservatives to oppose him. These arguments divert attention from the question of what a 21st century conservative policy agenda should be, and they are likely do so for the rest of his presidency.
Regardless of where one stands on Mr. Trump, conservatives need to identify a new, modern fusionism, with both a unifying concept as well as a corresponding set of shared policy ideas tailored to our current era. This is not the work of politicians, be they Reagans or Trumps. It is the work of conservative thinkers at magazines and think tanks, who need to debate, argue and ultimately agree or disagree on whether it is possible once again to develop a conservative vision for the future and what that vision might look like.
More than three decades before the F.B.I. began investigating whether members of Donald Trump’s Presidential campaign had colluded with the Russian government, James Comey—the Bureau’s recently fired director—envisioned a Russian conquest of America. He was then a senior at the College of William & Mary, in Virginia, with a column in the school paper, the Flat Hat. His commentaries satirized everything from crooked politicians to classmates who fretted about life after graduation.
On December 4, 1981, he parodied Cold War appeasers. “One must pause and reflect upon nuclear holocaust,” he wrote. “I doubt many students have taken the time to consider the ramifications of nuclear conflict.” The school’s gym would surely close, he warned; intramural basketball would cease, and a campus film series would end. “The stakes are too high: It’s time we folded. We should unilaterally disarm.” President Ronald Reagan, Comey wrote, should send the Soviet leader, Leonid Brezhnev, a note “offering unconditional surrender.”
Liberals, he implied, would be pleased with a Soviet occupation: “The National Rifle Association would be flushed, crime would decrease, the Pentagon would be a shopping mall, Jerry Falwell would be sadistically tortured.”
Comey is now fifty-six. On Thursday, he is scheduled to testify before the Senate about Russian interference in the 2016 election. He will also likely be asked about the several personal interactions that he had with Donald Trump before May 9th, when Trump fired him. Trump’s view of Comey has oscillated wildly over the past year. In July, he disparaged the F.B.I.’s “phony investigation” of Hillary Clinton after it failed to lead to an indictment. In October, Trump praised Comey’s “guts” for reopening the case. This spring, the President became angry, in part, because in a series of awkward encounters Comey refused to pledge loyalty to him.
On February 14th, Trump cornered Comey after a terrorism-related briefing in the Oval Office. Trump’s national-security adviser, Michael Flynn, had resigned the previous day, and Trump urged Comey to drop the case against Flynn. “I hope you can see your way clear to letting Flynn go,” Trump said, according to remarks Comey prepared ahead of tomorrow’s hearing. Comey did not drop the case. Indeed, because Trump kept meeting with him and discussing the Russia investigation, Comey had become not just a representative for the Bureau but also a kind of witness. Following a meeting at Trump Tower in January, Comey said that he went outside and immediately recorded their conversation on a laptop in an F.B.I. vehicle, adding, “Creating written records immediately after one-on-one conversations with Mr. Trump was my practice from that point forward.”
Comey has told associates that he never tried to lure Trump into improprieties. “It wasn’t like Jim was going to the Mob boss, all wired up, trying to secretly extract a confession,” one associate told me. Yet, in Comey’s view, Trump’s behavior toward him repeatedly crossed the line, making him “an obstructor.” Based on Comey’s prepared remarks, his Senate testimony will lay the basis for this legal claim, without explicitly making the charge.
His testimony is likely to be supremely assured. A senior intelligence official said of Comey, “He likes the stage. He takes politicians’ questions apart. He loves the fact that he’s smarter than them.”
In October, 2003, Comey was asked, at his confirmation hearing to become the Deputy Attorney General, how he might handle a politically charged case implicating an Attorney General who refused to recuse himself. “I don’t care about politics,” he insisted. “I care about doing the right thing.” In a profile published that December in New York, Comey further smudged the lines of his political identity. He said that in his twenties he had been both a Communist and a Reaganite. “I’m not even sure how to characterize myself politically,” he went on. “Maybe at some point, I’ll have to figure it out.”
Over the past year, Comey’s detractors have debated his actions and decisions on normative grounds. Was it proper for him to hold a press conference to announce the F.B.I.’s findings on the Hillary Clinton e-mail case? Should he have sent a letter to Congress, days before the election, notifying them that he was reopening the investigation? Why didn’t he inform voters before November 8th that Trump’s campaign was under investigation for possible collusion with a foreign adversary? Meanwhile, there has been little focus on Comey’s moral and intellectual leanings.
Despite Comey’s protestations that he has no interest in politics, he has signalled some abiding concerns over the years. His college thesis, “The Christian in Politics,” is about power and integrity, and is anchored in a comparison of the political philosophies of Reinhold Niebuhr and Jerry Falwell. Comey concluded that Falwell was a huckster who was inclined to “violate the constitutional separation of Church and State as well as the tax-exempt status of his church.” He was repelled by what he saw as Falwell’s false projection of virtue. Comey considered Niebuhr, however, to be an intellectual giant, one of “the world’s greatest moral and political theologians.” He concurred with Niebuhr that Christians were “essential to the political order,” and that a life led in emulation of Jesus was one “guided by the impossible norm of love,” and that such an existence placed “political institutions under greater possibilities.”
At the same time, Comey noted, Niebuhr recognized that it could be dangerous for a politician to see himself as a moral beacon. “The pretensions of virtue are as offensive to God as the pretensions of power,” Niebuhr said. Earlier this year, Comey, speaking at the University of Texas, echoed Niebuhr’s warning, saying, “John Adams once said to Thomas Jefferson, in one of the great letter exchanges, ‘Power always thinks it has a great soul.’ There’s great danger that I will fall in love with my own virtue.”
Upon graduating, Comey continued to voice political opinions. In May, 1982, the Times published a letter in which Comey criticized an editorial for its “condemnation of Right-to-Lifers” and for its suggestion that the federal government should “pay for abortion through Medicaid.” Comey avoided expressing his personal views on abortion, but he emphasized that Roe v. Wade, in upholding bans on late-term abortions, “explicitly stated that government has an interest in abortion and is therefore justified in exercising authority over the actions of pregnant women.” Comey went on:
The Supreme Court’s 1973 decision in Roe v. Wade gives all women the right to abortion but not a guarantee to the fulfillment of that right. Most of the rights Americans possess do not include such entitlement. We have a right to travel. Not all can afford to travel. Why then do you not criticize the Government for discriminating against the poor by not providing plane tickets? The same could be said of many elective medical procedures. And abortion is an elective procedure.
Two years later, after the Wall Street Journal ran a piece equating smokers’ rights with a woman’s right to alleviate morning sickness with medication, Comey objected, writing, “We may tolerate cigarette smoking because the threat is to the user, but the potential danger of the anti-nausea drug goes beyond the pregnant woman.” He submitted another letter to the Times, criticizing a proposal in the Albany legislature that would require New York supermarkets to sell New York wine. Such a law, he argued, would reveal a “naked preference” for state-specific economies. Comey had voted for Jimmy Carter in 1980, but his evolution into a Reagan Republican was evident.
After graduating from the University of Chicago Law School, in 1985, Comey clerked for Judge John Walker, Jr., George H. W. Bush’s cousin, in the Southern District of New York. Comey became a Republican. In public, however, he portrayed himself as nonpartisan. In 1996, he became the managing Assistant U.S. Attorney in the Eastern District of Virginia’s Richmond office. He soon oversaw a successful program to crack down on guns in the city. He made a point of declaring that the initiative was “totally apolitical.”
Comey remained a conservative, but he carried an aura of political independence into the next two Administrations. In March, 2004, he became the acting Attorney General when John Ashcroft went into the hospital. After Comey learned that the N.S.A. had established a warrantless domestic-wiretapping program—and that the legal standing for the program was dubious—he told President George W. Bush that he was being “poorly served” by advisers. Prepared to resign over the matter, he quoted Martin Luther: “Here I stand, I can do no other.” In the end, resignation wasn’t necessary: Bush embraced his counsel. Later that year, Comey scolded Thomas DiBiagio, the U.S. Attorney in Maryland, who had pressed his staff to generate “front-page” indictments of Democrats before Election Day; DiBiagio, Comey said, had allowed politics to “taint” the Justice Department’s work. Before Comey left the Bush Administration, in 2005, he appointed a special prosecutor to lead an investigation of leaks that ultimately resulted in the conviction of Scooter Libby, the chief of staff for Vice-President Dick Cheney.
Four years later, Obama reportedly considered Comey for a Supreme Court vacancy. After Comey became the F.B.I. director, in May, 2013, he publicly contradicted the Administration on several issues. He told Congress that he saw no reason why survivors of the terrorist attack in Benghazi, Libya, couldn’t testify on Capitol Hill. This undermined the position of the Justice Department, which had argued that such public discussions could jeopardize the F.B.I.’s criminal investigation. Senator Lindsey Graham, who was eager to have high-profile hearings on Benghazi, said, “I was very pleased to hear these comments by the F.B.I. director.”
In 2014, at a forum at the University of Chicago Law School, Comey contradicted Obama and Attorney General Eric Holder by endorsing the idea of the “Ferguson effect”—the notion that crime rates in America were rising, in part, because police were being circumscribed by activist groups, such as Black Lives Matter, which used video evidence to document violent abuse of citizens. “Something deeply disturbing is happening in places across America,” Comey said. “Far more people are being killed in many American cities, many of them people of color, and it’s not the cops doing the killing.” He went on, “Part of the explanation is a chill wind that has blown through law enforcement over the last year, and that wind is surely changing behavior. In today’s YouTube world, are officers reluctant to get out of their cars and do the work that controls violent crime?” Amnesty International called Comey’s comments “outrageous.”
It wasn’t the first time that Comey had stumbled when addressing racial politics. In 1980, at William & Mary, he set off a campus-wide controversy when he published a series of articles in the Flat Hat about the school’s struggle to increase minority enrollment. The articles were generally balanced, but, in the opening paragraphs of the series, he noted, “There are those at the College who feel that William & Mary does not need to attract more black students, and is in fact practicing ‘massive reverse discrimination.’ ” Comey then quoted a tenured white supremacist in the sociology department, Vernon Edmonds, describing him as “one of a group of social scientists nationwide who believe in the strong possibility of a genetic intelligence gap between races.” (Edmonds was later exposed as a financial supporter of David Duke.) Edmonds, Comey wrote, believed that “affirmative action is a futile attempt only tolerated because ‘social concerns are dominated by feeling, not science.’ ” The Flat Hat received many letters of protest. Professors in the sociology department disavowed Edmonds’s remarks, saying, “We consider Professor Edmonds’s views to be unfounded, ill-advised and clearly insensitive.” Comey responded by suggesting that his reporting was rigorously impartial: “I do not agree with Professor Edmonds’ views. They are intelligently presented by him, however, and are crucial to the issue of affirmative action. Such opinions, though they are in an extreme minority at the College, do exist and must be presented in any balanced piece.”
Comey’s ambition to seem free of political bias was perhaps most tested by the Hillary Clinton e-mail-server case. When two of Comey’s top advisers first told him that classified material might have been at risk, Comey recognized that the case would place the Bureau in a precarious situation. If agents found evidence to prosecute Clinton, the F.B.I. would infuriate half the country; if they failed to find anything, the Bureau would infuriate the other half.
Comey had been acquainted with some of the scandals that had swirled around the Clintons. In the nineteen-nineties, he worked briefly as a counsel on the Senate Whitewater Committee investigation. And in 2002, while serving as the U.S. Attorney in Manhattan, Comey directed the investigation of President Bill Clinton’s last-minute pardon of Marc Rich, the fugitive businessman whose wife had donated four hundred and fifty thousand dollars to the Clinton Library between 1998 and 2000. Comey took the pardon as a personal affront. In 1992, he had flown to Moscow and Zurich, attempting to lure Rich back to the U.S. to face trial. When he learned that Clinton had pardoned Rich, perhaps as a favor for the campaign donations, he told the Richmond Times-Dispatch, “It takes your breath away.”
A year into the Hillary Clinton server probe, F.B.I. agents on the case concluded that they were unlikely to find evidence to prove criminal intent. Comey held a press conference to announce that the case against Clinton was closed, but—perhaps in a clumsy bid to seem impartial—chastised her for being “extremely careless” with her e-mails. Louis DiGregorio, an F.B.I. agent in the New York office at the time, was stunned by the press conference, feeling that the announcement had put the F.B.I. in an awkward bind. (He recently retired.) “I don’t give two shits about politics in Washington,” he told me. “We rarely announce any status of our investigations in public. We might call a target’s or a subject’s lawyer and say, ‘We’re not working on this anymore,’ but we always leave the door open. If you stray from that road, you can come back, but you’ll pay the consequences.”
After the press conference, Breitbart News went on the attack against Comey, suggesting that he was a liberal in disguise. Before joining the F.B.I., Comey had been the general counsel at Lockheed Martin. One Breitbart report noted that he had earned six million dollars the same year that Lockheed Martin had donated money to the Clinton Foundation. This clearly implicated Comey, Breitbart declared, in Washington’s “big-money cronyism culture.”
During the election cycle, it was apparent that the political divisions in the country at large had permeated the F.B.I.’s New York office. “People there really hated Hillary Clinton,” a federal law-enforcement officer told me. (The F.B.I. is more than eighty per cent white, and predominantly male.) The TVs were often locked on Fox News. DiGregorio considered the office, like the rest of the F.B.I., to be “very conservative,” adding, “You’re not going to get Abbie Hoffman signing up for this kind of work.” James Kallstrom, a former F.B.I. agent in charge of the New York office, went on the radio and derided the Clintons as a “crime family,” and called their foundation “a cesspool.” (Kallstrom is a former marine, and his foundation, the Marine Corps-Law Enforcement Foundation, had received a million-dollar check from Trump.)
In October, Comey learned that agents in the New York office had found thousands of Clinton e-mails on a laptop seized from Anthony Weiner, the former congressman, whose wife, Huma Abedin, was the vice-chairman of Clinton’s campaign. Comey conferred with his aides. Normally, the F.B.I. would conduct such an investigation in silence; secrets were the Bureau’s “lifeblood,” Comey once said. But, according to personal and F.B.I. associates of Comey’s, he was concerned that someone in the New York office might leak this development to the press.
Since Comey had declared the case closed, in July, he felt compelled to announce that it was being reopened. If he did not, he feared, and the news was leaked by Clinton’s many opponents in the Bureau, it could seem as if Comey had been trying to protect her. Comey’s executive assistant for national security, Michael Steinbach, told the Times, “In my mind, at the time, Clinton is likely to win. It’s pretty apparent. So what happens after the election, in November or December? How do we say to the American public: ‘Hey, we found some things that might be problematic. But we didn’t tell you about it before you voted’? The damage to our organization would have been irreparable.” (Comey apparently wasn’t as worried about liberals in the Bureau leaking the news that the Trump campaign was under investigation for possibly colluding with the Russian government.)
On October 28th, Comey sent a letter to Congress revealing that he was reopening the server case. The document almost immediately became public. On Fox News, Rudy Giuliani, the former New York mayor, suggested that the internal threat Comey had felt was real. “Did I hear about it?” Giuliani said about the laptop discovery. “You’re darn right I heard about it.” He added that former agents at the Bureau had told him that “there’s a revolution going on inside the F.B.I., and it’s now at a boiling point.” (The special agent in charge of the Bureau’s criminal division in New York has recently referred to stopping internal leaks as a primary focus of his job, promising to deliver “heads on sticks.”)
Nine days after Comey sent his letter to Congress, the Bureau revealed that the e-mails on Weiner’s laptop amounted to nothing. But during this period the national press fixated on the spectacle, and Clinton’s lead dropped significantly—and, perhaps, decisively—in national polls.
Comey has said that he has no regrets over the server investigation. His testimony on Thursday will no doubt underscore his belief that—no matter what people say about him—he is a figure of impartial justice. In April, USA Network aired the first episode of a six-part documentary titled “Inside the FBI: New York.” Comey, who agreed to let a film crew embed in the New York office for a year, has appeared in several episodes. In a scene deleted from the televised series, he said, “We are never on anyone’s side. Sometimes, in a polarized world, it’s hard for people to even conceive of that.”