| ◼ On a straight party-line vote, the Senate Judiciary Committee approved Todd Blanche’s nomination to become attorney general. Two Republicans, John Cornyn (Texas) and Thom Tillis (N.C.), threatened to torpedo the nomination over Blanche’s refusal to put in writing his testimonial assurances that Trump’s “Anti-Weaponization Fund” is dead. This was a $1.776 billion slush fund that Trump established to provide payouts to January 6 defendants. The defendants, including those who assaulted police and vandalized the Capitol, had already been pardoned. Trump had schemed to pry $10 billion from the Treasury through a lawsuit he filed against his own IRS for leaking his tax information during his first term. Ever the loyalist, Blanche abetted the scheme: Under his direction, the Department of Justice agreed to “settle” by creating the slush fund. For good measure, Blanche threw in sweeping tax-audit immunity for Trump, his elder sons, and the Trump Organization—even though, as Trump’s former private attorney, Blanche should have recused himself. Right before a committee meeting to vote on the nomination, Blanche agreed to put the rescission of the fund in writing. This alone satisfied the two holdout senators, even though the (likely illegal) audit immunity remains. And Blanche’s writing is insufficient, because the settlement agreement calls for Trump to sign any modification of it. And Trump continues to advocate establishing the fund. Republicans are overlooking the Senate’s constitutional duty to check the abuse of executive powers.
◼ The Lincoln Memorial Reflecting Pool has been plagued by bad plumbing, leaks, and algae blooms since it was built a century ago. Trump made a show of cleaning it up before America’s 250th anniversary celebration. On the pretext that the imminent anniversary was an “emergency,” Trump and Interior Secretary Doug Burgum flouted the normal procurement rules to award an inflated, no-bid contract to a firm that had done pool work for Trump’s golf club in Virginia. When the repair worked proved incompetent, Trump blamed vandals. Jeanine Pirro, the Trump-appointed U.S. attorney for Washington, D.C., therefore indicted former Olympic canoer David Hearn, among others, for allegedly ripping a piece of the sealant. Facing the likely implosion of the case in court, which could have come with exposure of Department of Justice misconduct, Pirro has now moved to dismiss the indictment. In an astonishing court filing, Pirro related that Burgum’s department had withheld significant evidence from the DOJ that the overhaul was plagued by construction problems from the start. Burgum is pushing back at Pirro, and Trump is fuming at her. All three should be angry with one another, and themselves.
◼ Senator Sheldon Whitehouse (D., R.I.) reintroduced his bill to expand the Supreme Court and limit the terms of justices. The Court would have a maximum of 18 justices, with presidents appointing new justices in the first and third years of their terms without there being vacancies. Aiming to hasten the end of the current conservative majority, the bill would sideline the most senior justices (Clarence Thomas, Samuel Alito, and John Roberts) from ruling on most of the Court’s docket, effectively stripping them of the powers that every justice since 1790 has exercised. Aside from undermining judicial independence, it would create two classes of justices with different powers. In turn, it would make a mockery of Articles II and III of the Constitution, which treat the justices other than the chief as holding a single “Office.” The bill is an unprecedented assault on 236 years of American constitutional tradition.
◼ Before Congress’s August recess, Senate leaders are rushing to pass the Digital Asset Market Clarity Act, which would create a unified regulatory framework for cryptocurrencies. The crypto industry strongly supports the bill on the basis that it would resolve legal uncertainty around this unique digital asset class, which several federal agencies have laid claim to. It could still be hobbled by the banking lobby, however, as traditional financial institutions want to strangle crypto in the crib. In particular, banks seek to fortify protectionist provisions in existing law to prevent stablecoins—cryptocurrencies backed by safe reserves to hold a constant value—from offering consumers yields as deposit accounts do. If anything, lawmakers should take the opportunity to scrap those restrictions and let Americans put their money where they please.
◼ The Democratic Party of California endorsed a ballot measure to confiscate 5 percent of billionaires’ net worth through a supposedly onetime levy. Governor Gavin Newsom had been campaigning against the initiative, recognizing that it would drive away the state’s most productive residents. California’s largest health-care union is pushing the tax because 90 percent of the proceeds would be earmarked for Medicaid, while the teachers’ and firefighters’ unions oppose it because, in the long term, it would jeopardize more revenue than it promises to raise. But punishing wealth is all the rage in blue jurisdictions. Even Newsom feels compelled to get with the program ahead of his potential presidential run, as he now supports a wealth tax at the national level. The governor was right the first time. |