Donald Trump’s Corruption of the Law Is Destroying American Democracy

Donald Trump lies about virtually everything except for one topic: his unrelenting hatred of his political foes. He’s willing to indulge this rage even at the most inappropriate moments—say, a nationally televised funeral service supposedly based on Christian faith and healing. 

On Sunday, during the memorial for slain right-wing activist Charlie Kirk at an NFL stadium in Arizona, many of the speakers took the high road despite their prior history of being unvarnished partisans. Kirk’s widow, Erika, even went so far as to offer forgiveness^[3] to her husband’s alleged assassin.

But the high road is not one that Trump ever wants to walk down. He prefers more subterranean paths.

In his address to the 60,000-strong crowd, the president said^[4] that Kirk “did not hate his opponents. He wanted the best for them.” So far, so standard. Then Trump swerved: “That’s where I disagreed with Charlie. I hate my opponent and I don’t want the best for them.” 

Whatever their distastefulness, these bitter words have the virtue of honesty. Indeed, they offer a key to Trump’s entire presidency. Rather than governing on behalf of the nation as a whole, he has been guided by the principle that presidential power is about helping friends and punishing enemies.

Trump has been particularly eager to deploy law enforcement as a weapon against foes and a shield for allies, all with a view to shoring up his power. Two events on Saturday clarified Trump’s corruption of the law. 

On Saturday night, Trump posted^[5] a message to Attorney General Pam Bondi demanding^[6] she persecute three of his most prominent political enemies—former FBI Director James Comey, California Senator Adam Schiff, and New York Attorney General Letitia James. Trump also said he was naming his former attorney Lindsey Halligan to a key prosecutor’s office. The post reads:

Pam: I have reviewed over 30 statements and posts saying that, essentially, “same old story as last time, all talk, no action. Nothing is being done. What about Comey, Adam “Shifty” Schiff, Leticia??? They’re all guilty as hell, but nothing is going to be done.” Then we almost put in a Democrat supported U.S. Attorney, in Virginia, with a really bad Republican past. A Woke RINO, who was never going to do his job. That’s why two of the worst Dem Senators PUSHED him so hard. He even lied to the media and said he quit, and that we had no case. No, I fired him, and there is a GREAT CASE, and many lawyers, and legal pundits, say so. Lindsey Halligan is a really good lawyer, and likes you, a lot. We can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!! President DJT

Also on Saturday, MSNBC reported^[7] that Tom Homan, who served as Acting Director for Immigration and Customs Enforcement in Trump’s first term and is now his so-called “border czar,” had been targeted in an FBI sting operation just before the 2024 election. According to the news site, FBI agents recorded Homan “accepting $50,000 in cash after indicating he could help the agents — who were posing as business executives — win government contracts in a second Trump administration.”

Homan’s behavior — taking $50,000 in a CAV bag while promising government favors — might seem like an open and shut case. Not in Trump’s America. MSNBC reported that “in recent weeks, Trump appointees officially closed the investigation after FBI Director Kash Patel requested a status update on the case.” A New York Times report^[8] notes that it

remains unclear whether the investigation into Mr. Homan would have been dropped regardless of which party controlled the White House, given recent Supreme Court rulings that delineated a high bar for what constitutes a bribe or other corrupt act….

The episode raises questions about whether the administration has sought to shield one of its own officials from legal consequences, and whether Mr. Homan’s actions were considered by the White House when he was appointed to his government role.

David French, a Never Trump conservative and Times columnist, sees the same corrupt pattern^[9] in Trump’s handling of the TikTok case. Despite a law passed by Congress and signed by Joe Biden, Trump has delayed closing TikTok until he can get the Chinese government to sell the social media site to his allies. 

According to French,

If our laws depend on Trump’s voluntary compliance — and Congress won’t lift a finger to defend the laws it has passed — then the president is unleashed. There is no law holding him back. Instead, we are left to the whims and desires of a man who cares about only himself, a man who is willing to discard any law or standard to satisfy his insatiable lust for power.

French is right to call attention to the role of Congress in enabling Trump’s corruption. Congressional Republicans are almost entirely subservient to Trump while their Democratic counterparts are often feckless. Only a few Democrats, notably congresswoman Alexandria Ocasio-Cortez^[10] and a few^[11] of her^[12] peers^[13], have even brought up the Homan case. The general consensus of the Democratic Party leadership seems to be that the crony capitalism of Trump and his circle is something voters don’t care about. Instead, the party has focused its messaging on “bread-and-butter” economic issues.

This view of the corruption issue is myopic. In truth, there’s no reason why bringing up Trump’s corruption and sweetheart deals for his billionaire buddies can’t be part of a broader populist economic message. The argument would be that Trump’s actions show he really just wants to protect and enrich the plutocracy even as the affordability crisis hits ordinary Americans. 

Only Congress has the ability to check Trump’s abuse of power. Democrats would be neglecting their constitutional duty in sidelining Trump’s corruption of the legal system. The Department of Justice is not meant to be at the beck and call of the president.

This is one of the most concrete examples of Trump’s authoritarian threat to democracy — avoiding a fight on this issue is basically admitting that American democracy is finished. 

More from The Nation

When Trump asked Attorney General Pam Bondi to prosecute his enemies and she didn’t resign, it was a sign that we’ve already passed into strongman rule.

Column / Sasha Abramsky^[20][21]

Florida’s New College will seal its right-wing makeover with a statue of the slain influencer.

Jeb Lund^[22]

Those who had nothing to do with the violence against Charlie Kirk are being menaced—just like always.

Elie Mystal^[23]