Fundamental expectations of presidential conduct
There are laws, and there are norms.
A special counsel’s investigation of a president is first and foremost a mechanism for addressing strictly legal questions. But it is necessarily always more, and the investigative process and the ultimate legal and factual findings reflect, help shape and often reinforce the state of key norms — fundamental expectations of presidential conduct.
The process norms, Bob Bauer writes, have come out of this pretty well.
But the Mueller report marked a low point for more substantive norms of presidential conduct. It shows that a demagogic president like Donald Trump can devalue or even depart radically from key norms, just short of committing chargeable crimes, so long as he operates mostly and brazenly in full public view. For a demagogue, shamelessness is its own reward.
Such a president can have openly, actively encouraged and welcomed foreign government support for his political campaigns, and his campaign can reinforce the point in direct communications with that government’s representatives. The Barr summary reveals that the special counsel uncovered not just a couple but “multiple offers” of support from the Russians, and yet neither Mr. Trump nor his campaign reported them to counterintelligence or law enforcement authorities. Mr. Trump went further still — while in office, he dictated a statement for his son and campaign aide, Donald Trump Jr., that falsely represented the purposes of the June 2016 Trump Tower meeting between senior campaign representatives and a Kremlin-connected representative (and others) offering assistance in the 2016 election.
But it’s not enough to prosecute.
Similarly, the letter notes that much of the president’s obstructive behavior during the investigation was in “public view.” This was apparently a significant consideration in the decision by Mr. Barr and Mr. Rosenstein not to prosecute (along with the determination that there was no underlying “collusion” legal offense). Here, once again, the president who is a demagogue — who is fully prepared to flout well-established, vitally important expectations about how American presidents faithfully execute the laws — can safely bring self-interested, self-protective pressure on the Department of Justice and undermine its public standing and authority.
So if I want to commit a crime, all I have to do is make sure everyone sees me do it? Wow. I never would have thought…
Oh, wait, I see the fine print now. “Only good for those named Trump, or members of the GOP. All others will be prosecuted, especially if black or immigrant.” Could have put that big enough for me to read it without my bifocals, but, well, that’s life.