Unpublished editorial, January 9, 2025

Part 1: From Exile to Victory

Today is a National Day of Mourning. As I write this, the body of Jimmy Carter lies in state at the Capitol, the hallowed center of America’s democracy that was violently attacked by Donald Trump’s supporters four years ago last Monday.

He told them to go to that same Capitol and “fight like hell” as Congress attempted to certify the results of a free and fair election, so they did. It was a counterpart for today; it was a national day of shame. The world looked upon the United States as a democracy losing itself to violent hooliganism.

But in eleven days, the same Donald Trump who refused to recognize the vote of the people, the one who tried to engineer a reversal of Democratic President Joe Biden’s win by whatever means necessary, who has been convicted of 34 felonies, who assaults women, who “allegedly” stashed a trove of secret government documents in his bathroom (I guess we’ll never know), who calls America a “garbage can” fighting “forever wars” while praising Putin’s blood-soaked Russia—this man will be sworn in as president once again. 

He will be sworn in by a member of the Supreme Court, a conservative majority of which has  granted him constitutionally questionable immunity from prosecution for his many alleged crimes. As I write this, that same Court has just narrowly decided not to try to erase his 34 state felony convictions for crimes committed before he was in office. 

This is not to mention the literally thousands of lawsuits Trump has been hit with, the payouts to hoodwinked “students” of the phony Trump University, his civil trial for sexual assault of Ms. E. Jean Carroll (for which he was found liable), or the many other women who have come forward to accuse him of assault. 

Remember the Donald Trump who admitted barging into the dressing rooms of his Miss USA and Miss Universe pageants to “inspect” the half-dressed contestants? Because he could? The Trump whom we heard on tape claiming that he could not help himself, could not resist grabbing and kissing beautiful women? It’s the same Trump now. 

As Gallup notes, the Supreme Court protecting Trump from accountability presides over a court system that it appears Americans no longer trust. In 2020, 59% of those polled said they have confidence in the courts. A few weeks ago, Gallup released a poll showing that in the last five years, the number has dropped to 35%. According to Gallup, this is the kind of rapid decline in confidence seen during recent upheavals in countries like Myanmar, Venezuela, and Syria.

Yet it is by design. A democratically elected president cannot become a “dictator on day one,” as Trump has publicly promised, without a little help from his friends. As Putin and his ilk have done in Russia, Hungary, Syria, Venezuela, and other former democracies, Trump must undermine the authority of the courts in the eyes of the public before he can bend them to his will. 

Ironically, in the case of the Supreme Court, the unaddressed ethical lapses and outrageous behaviors of conservative justices Clarence Thomas and Samuel Alito, as exhaustively reported by Pro Publica, have aided this campaign against the courts’ general credibility. Chief Justice Roberts’ annoyed dismissals of any hint of wrongdoing, as if to suggest that wrongdoing by members of a powerful court with no one to answer to but itself is impossible, have also likely moved the needle.

And of course, Trump relentlessly attacks every judge, prosecutor, or DA who dares to come after him, casting them as the Spanish Inquisition and himself as a modern Jesus of Nazareth. But as with those juries that have found him to be less than innocent, to me the publicly available evidence alone makes him look more like a criminal being prosecuted by the law than a politician being persecuted by his enemies. There’s just no evidence of the latter, unless you look all the way back to the 2019 Ukraine debacle, Trump’s mob-like pressure campaign to force the Ukrainian president to smear the reputation of candidate Joe Biden (the subject of Trump’s first impeachment.)

Speaking of protecting the public from wrongdoers, that was also Aileen Cannon’s job in presiding over Trump’s trial for allegedly stealing top secret government documents. We all saw what happened with Trump’s appointee in charge—endless delays and needless hearings on every frivolous motion, followed by prompt pre-election dismissal of the case based on the already-defeated notion that the special prosecutor was “illegally appointed.”

That was the end, as they say, of that. But it should have been only the beginning. Special Counsel Jack Smith was ready to appeal.

Then Trump won the election.

Part 2: From Victory to Retribution

Yes, once again, Trump won. Now, like a character in a novel rescued from unjust banishment and restored to the throne, Trump’s ignominious past begins to fall away in favor of an imagined “return of the king” narrative favored by the administration and its friends in high (and low) places.

Indeed, the major media, much of which is now owned by Trump’s fellow billionaires, seem to be suffering a major case of amnesia regarding the historic coup attempt. Three days ago was the fourth anniversary of the January 6 attack. In perusing the media that morning, one of the two articles I saw on the topic was from never-Trump conservative David Frum, writing in The Atlantic on the topic of—you guessed it—how the incoming administration and its apologists are trying to “erase” the legacy of January 6. 

It must be erased, because this king has returned for “retribution” and “justice,” as promised when he announced his candidacy in early 2023. Before even  taking office, he has already threatened our neighbors both north and south, throwing in Panama and Denmark for good measure. He has threatened GOP elected officials like Liz Cheney and Mitt Romney with “military tribunals”, whatever that is supposed to look like. 

You may recall that four-star General Mark Milley, who was Chairman of the Joint Chiefs of Staff at the time, spoke on the phone with his Chinese counterpart during the mayhem of January 6, 2021. As the world press was live-reporting on a possible coup by Trump’s supporters, who were marching through the halls of the Capitol chanting “Hang Mike Pence!” and defecating on elected officials’ desks, and while Trump himself did nothing but watch the sordid show unfold on television, Milley took responsibility for assuring the Chinese government that the United States nuclear arsenal was under control and that there was no threat of an unprovoked nuclear strike. 

The Chinese were completely blind regarding what may have been happening in terms of the security of the U.S. nuclear arsenal and chain of command. Further, U.S. intelligence indicated that weeks earlier, the Chinese had acquired intelligence of their own suggesting a possible first strike by the U.S. So Milley’s call may have been instrumental in averting an accidental nuclear exchange. 

But Trump, after a couple of years spent rehabilitating himself among his supporters, was retroactively livid. He said publicly in September 2023 that Milley’s actions were treasonous and, in past times, would have merited court-martial and execution. In other words, he was insinuating that his former Joint Chiefs Chairman, a decorated war hero and a symbol of the modern military, could be put to death for calming the global situation while Trump sulked in front of his TV, watching the insurrection he co-authored. 

What’s more, at the time, Milley’s call had been discussed and authorized by the then-Secretary of State and acting Secretary of Defense. While it may be argued Milley exceeded his statutory authority in making the call, it may also be argued—and more convincingly—that bridging the gaping hole in the chain of command left by the absent president was the more immediate concern.

Professor Tom Nichols of the U.S. Naval War College said as much, writing in The Atlantic at the time that “[t]he Constitution of the United States has no provision for the control of planet-destroying weapons while the President is losing his mind and trying to overthrow the government itself.”

Since that time, General Milley has become a standard-issue MAGA pariah, to the point that he has been forced to barricade his home and hire private security for his family. It’s a familiar story now. By taking a stand for the Constitution and the public good, Milley has become  the symbolic anti-MAGA warrior who must be diminished.

Let’s remember what Trump confidant (and fellow convict) Steve Bannon has been saying for years: “Our goal is to dismantle the administrative state.” 

Milley has since said publicly that Trump is “the most dangerous person ever” and “a fascist to the core.” With Trump about to gain unchecked power, I am very concerned for the general’s future, and by extension the future of all who value the checks and balances of the Constitution, the integrity of the courts, and the rule of law. 

But we who value such things are no longer the majority. Instead, the country will inherit the kind of future that a small plurality of Americans and the vast majority of Nebraskans asked for with their votes last November. It’s a future they have gifted to Trump the Immune, but whatever fruits it bears will fall to all of us. 

They say the best predictor of future behavior is past behavior. Let us see how this future unfolds.