By Nick Catoggio
Tuesday, December 17, 2024
I’ve never felt prouder to work for The Dispatch than
I did when I read Sarah
Isgur’s op-ed for the New York Times last week.
It takes real nerve to dare the loathsome flunky who’s
about to take over the FBI to come at me, bro in the pages of America’s
most prominent newspaper.
Sarah was Jeff Sessions’ communications chief at the
Justice Department when he served as attorney general. For reasons no one
except Kash Patel understands, her name appears in the alphabetized list of
“deep state” enemies featured in his book, Government Gangsters.
That makes her a ripe candidate for a preemptive
pardon by the Biden administration as it heads for the exits.
No thanks, Sarah wrote. The innocent shouldn’t desire a
pardon and the guilty don’t deserve one. “You’ve got a case? Prove it,” she
concluded, addressing Patel directly.
That’s the right attitude, all the more admirable by
contrast with how pathetically
pardon-curious
some prominent Trump enemies have sounded when the subject has come up. I
wouldn’t want clemency either if I were in Sarah’s position, although in my
case that has less to do with thoughtful rationales like protecting my good
name or trusting the justice system than with basic contempt. I’m a creature of
spite; I’d never forgive myself for giving postliberal scumbags the
satisfaction of seeing me beg for mercy.
As much as I enjoyed her op-ed, though, I wonder if it
wasn’t naive.
When you’re a brilliant Harvard-trained lawyer with lots
of brilliant lawyer friends, you can afford to be bolder in challenging Patel
to legal combat than if you’re some shlubby midlevel Biden aide with no
relevant training whose scalp Donald Trump might like to display. As Sarah observed elsewhere
recently, the process itself will be the punishment when Patel’s FBI begins
harassing people. Defending oneself successfully from an abusive prosecution
isn’t much of a victory if it ends with bankruptcy.
Trump enemies who can fight without ruining themselves in
the process should resolve to do so. Trump enemies who can’t should think hard
this next month about accepting a pardon.
Sarah anticipated that response, though. “As Americans
start to see his lack of evidence, Mr. Patel will look ridiculous,” she
insisted in her Times piece. “If anything, he may end up making heroes
out of his targets, who would, in turn, be able to raise money for the
exorbitant cost of their legal defense from outraged Americans until judges
would predictably throw out these frivolous cases.”
“Outraged Americans,” huh?
There will be some outrage, I’m sure, on behalf of
sympathetic A-tier Trump antagonists who’ve paid a professional price already
for trying to hold him accountable. The Liz Cheney Legal Defense Fund will
probably do well. But if last month’s election result means anything, it’s that
Americans ultimately don’t care—much—about Trump’s illiberal outrages. They’re
willing to accept them as a trade-off if he can make the trains run on time.
A lot of very powerful people seem to have reached the
same conclusion. The behavior of corporate America toward Trump this past week
can be understood as a product of two beliefs. One: Under the new
administration, the U.S. government will function like
a protection racket. Threats will be the currency of politics. Either you
pay for the president’s “protection” or you get squeezed.
Two: As this unfolds, most Americans won’t care a bit.
Shakedowns.
I asked some Trump-supporting relatives recently how
they’d feel if Hunter Biden announced the opening of a new Biden family
business in the heart of downtown Tehran, Iran. That would be a brazen case of
a foreign power purchasing influence over U.S. policy by lining the pockets of
the first family, the core Republican complaint about Hunter’s dubious
“career,” no?
Well, that’s what the Saudis are
doing with the Trumps. And what they’ve been doing with
the Trumps for a while now.
It’s unknown which side proposed building a new Trump
Tower in Riyadh but I know which way I’d bet. Saudi Arabia is a monarchy so its
rulers understand what monarchs expect. King Donald didn’t need to request a
real estate opportunity, in all probability; it was offered to him by Mohammed
bin Salman as a form of tribute, a token of esteem for America’s continued
“friendship.” The Saudis have no intention of getting squeezed.
Corporate America has also begun to pay tribute. Various
tech titans and/or their CEOs have chipped
in million-dollar donations recently to Trump’s inaugural committee and
these too were probably offered without anyone on the committee needing to ask.
That’s how protection works: When everyone else is paying up “voluntarily,” the
last thing you want is to attract the attention of the goons who run the
neighborhood by dragging your feet. You’ll get squeezed.
The buzziest story in the media industry this week has to
do with ABC News getting squeezed.
Last weekend the outlet opted to pay
$15 million to settle a defamation suit brought by Trump. The claim stems
from George Stephanopoulos alleging on-air that Trump had been found civilly
liable for rape by a New York jury, which was untrue. The jury found him liable
for sexual abuse. Still, ABC News had a solid defense: The judge in the case also
used the word “rape” to describe what happened and under First Amendment
case law a public figure as famous and sleazy as Trump is nearly
libel-proof.
Even so, not only did ABC News not press on with its
defense, it threw in the towel at an unusually early stage of defamation
litigation, before
seeking summary judgment.
Maybe discovery would have exposed the outlet as having
been so wildly malicious in wanting to accuse Trump of “rape” that settling the
case was the least embarrassing option available. But the almost certain truth,
as Jonathan
Last and others have noted, is that ABC News—and its parent company,
Disney—made a rational calculation that it had more to lose financially by
making enemies of the neighborhood goons than it did by paying them off.
The same goes for Amazon god-emperor Jeff Bezos, a donor
to the Trump inaugural fund who had an epiphany that newspaper
endorsements are bad barely a week before Election Day, coincidentally
while his own paper was drafting
an endorsement of Kamala Harris. Likewise for biomedical entrepreneur
Patrick Soon-Shiong, the owner of the Los Angeles Times, who installed
Trump apologist Scott Jennings on
his paper’s editorial board last month and has begun meddling
with the opinion
section to go easier on you-know-who.
If ABC News, the Washington Post, or the Los
Angeles Times make trouble for the neighborhood goons, the goons aren’t
just going to make trouble for those companies. They’re going to make trouble
for Disney, Amazon, or Soon-Shiong’s holdings, respectively, where the owners
make their real money. “It’s particularly notable that this is happening in the
case of news organizations whose owners have other businesses,” Anne
Applebaum told The New Republic of the protection racket playing out
before our eyes. “They have other businesses; they have lots of interests with
the federal government; they have regulatory issues. And it looks like they’re
making concessions in advance so that they don’t run into trouble down the
line.”
A news industry owned and operated by oligarchs is easy
pickings for an unscrupulous authoritarian because those oligarchs have many
points of financial vulnerability. Trump doesn’t need to hurdle ABC News’ First
Amendment rights in order to win his suit when he can sidestep those rights by
squeezing Disney instead.
The squeeze is about more than extracting tribute,
though.
Quiescence.
“We have to straighten out the press,” Trump said
at a news conference on Monday, announcing his intention to sue pollster J. Ann
Selzer over a
bad pre-election poll published in the Des Moines Register.
He says a lot of things that he doesn’t mean, but this
time he meant it. Later that day he filed
suit in Iowa against Selzer, the Register, and, notably, the
newspaper’s parent company, Gannett, alleging fraud and “brazen election
interference” under the state’s Consumer Fraud Act. He ended up winning Iowa by
13 points, mind you, and might plausibly have benefited on Election Day
from Selzer’s data showing an upset victory for Kamala Harris in the making
there. After all, if any local Republicans were inclined to stay home in the
belief that Trump had it in the bag, the survey would have given them a reason
to turn out.
I assume he’ll lose the lawsuit, barring shocking
evidence of intentional reputation-destroying malfeasance by Selzer. He might
not even get a payoff from Gannett this time like he got from ABC News. But
that’s not the point of suing, surely: The point is to show the news industry
that he can and will put the squeeze on outlets that displease him in his
second term. Even if Iowa had a law on the books that allowed a judge to toss
his suit as frivolous—which it does not,
apparently—the message has been sent by going after Selzer and Gannett that as
president he intends to harass media properties that aggrieve him whether
they’re guilty of anything unlawful or not.
Historically he’s tried to deter the media from
publishing information that’s inconvenient to him by raising the reputational
cost of doing so. When Lesley Stahl once asked him why he attacks the press so
often, he supposedly replied
with stark authoritarian candor, “I do it to discredit you all and demean you
all so when you write negative stories about me, no one will believe you.” His
decade-long project of celebrating outré populist right-wing media while
deriding mainstream outlets is designed to convince Americans that there’s no
difference between the unfriendly New York Times and the very friendly Infowars
and therefore no reason to trust the former more than the latter.
But increasingly the cost he hopes to impose on his
enemies to compel their silence is financial. At his press conference he
boasted about the number of defamation complaints he has pending against media
entities, naming CBS News, Bob Woodward, and the board that awards the Pulitzer
Prize specifically. In this as in so many other things, his favorite cronies
are following his lead: Patel recently threatened
to sue former Trump aide turned critic Olivia Troye for defamation, and an
attorney for Pete Hegseth, Trump’s nominee to lead the defense department, vowed
to sue the woman who accused Hegseth of sexual assault in 2017 if she repeats
her “false statements,” i.e. allegations.
Threats are the political currency of Trump’s second
term. Protection rackets and defamation lawsuits won’t always result in a
lucrative shakedown but they will always signal to his opponents,
especially but not exclusively in the press, that speaking out will cost them
one way or another. They might get sued civilly or, as of January 20,
prosecuted. (“I shouldn’t really be the one to do it,” Trump said at his press
conference of the defamation suits he’s filed. “It should have been the Justice
Department or somebody else.”) The process is the punishment, as Sarah said.
That’s what the American people signed up for when they handed the immense
power of the federal government to a vindictive postliberal buffoon.
“Trump has reached the position—elected by a plurality of
his fellow citizens, immunized from all criminal activity by the Supreme
Court—where he wants the protection racket to be out in the open.
He wants everyone to see it,” Jonathan
Last wrote recently. That’s almost precisely correct: The court
hasn’t immunized him from “all criminal activity” but certainly the squeeze
works more efficiently when everyone in the neighborhood understands what’s
expected of them and what will happen if they don’t meet expectations. If
you’re going to rough someone up for missing a payment you do it in the street,
in full public view, so that onlookers get the message.
Trump won’t turn the entirety of American media into Fox
News by threatening it, but if you have a chance to bet on which newspapers are
most likely to expose the major scandals of his second term, don’t wager too
much on the Washington Post or Los Angeles Times. It might not be
long, in fact, until an economist somewhere releases a study showing that the
new White House’s protectionist agenda is a disaster in the making—and finds
himself hauled
into civil court for “fraud” because of it.
Indifference.
Last believes that Bezos and the other oligarchs are
rolling over so easily because they know they’ll have to endure this for only
four years.
At the risk of imputing my own opinions to them, I wonder
if it isn’t the opposite. Having just watched their country reelect a convicted
felon and coup-plotter, the titans of industry may have come to a hard
conclusion about Americans’ tolerance for gangster government being much higher
than they had assumed.
Most voters don’t care whether their government is
postliberal, we’ve learned, they care about the price of groceries and securing
the border. There’s no obvious reason to think those priorities will shift
after Trump departs. The “ancien régime that is liberalism is really
exhausted,” Trumpy tech lord Peter
Thiel declared recently. Kamala Harris’ deputy campaign manager added a
gloss to the point, telling Semafor
that the “institutions by which Democrats have historically had the ability to
influence culture are losing relevance.” The swing voters who’ll decide
America’s future aren’t reading the Times, they’re listening to alarmist
mutterings about drones over New Jersey that may
or may not actually exist. That’ll almost certainly still be true when the
next president takes office in 2029.
Good businessmen are quick to adapt when the rules of the
system in which they operate suddenly change. On November 5, the rules of
American government changed. Corporate America is adapting.
Their capitulation
this week reflects the belief, correctly I think, that the public won’t rally
behind them if they stand up to Trump. There aren’t enough “outraged Americans”
left, to borrow Sarah’s phrase, to give Disney confidence that it can win a PR
war with the White House if it goes to the mat for ABC News’ First Amendment
rights. (Case in point: The right’s many media watchdogs and “free-speech”
advocates appear completely unbothered by Trump’s attempts to strong-arm the
press, unsurprisingly.) For cripes sake, while all of this has been playing
out, his favorability
rating is higher than it’s ever been.
American institutions might not fill the vacuum left by
the public’s dereliction of civic duty either. The courts that Sarah so often
celebrates may have ultimately found for ABC News if Trump’s lawsuit had
proceeded, but at what price to the defendants in time, legal expenses,
harassment by the incoming Justice Department, and unwanted public attention
from the rabidly demagogic president of the United States?
I mean, American institutions had four years to punish
Trump for attempting a coup and stealing government secrets and they couldn’t
do that. If you’re Jeff Bezos, fighting the Trump administration in
court looks like a sucker’s game of spending four years getting nowhere while
antagonizing every cronyist regulator in the federal government.
Institutions might protect dissenters from legal
penalties but they won’t spare them from the social, political, and commercial
sanctions Trump intends to impose on them. Only the people can deter him from
that and the people palpably don’t care. He’s the first president in American
history to have campaigned overtly on retribution
against his enemies and not only did he win more electoral votes this time
than he did in 2016, he won the popular vote outright.
Threats are the political currency of his second term.
Voters had every reason to know that would be the case last month and they
punched his ticket anyway. Hate Jeff Bezos and Patrick Soon-Shiong if you like,
but don’t fault them for responding rationally to the civic incentives that a
rotten public has created for them. No one wants to get squeezed.
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