The Trump Kleptocracy Watch - An Update

Twila

Nanah Potato
Mar 26, 2003
14,698
73
48
Quick reminder: when trying to figure out what Donald Trump is up to, it always pays to heed Deep Throat’s advice and follow the loot. The past few days have been busy ones on the Trump money beat. Although the latest developments aren’t particularly surprising, they add to the picture of a supposedly populist Administration that is actually the richest, most conflicted, and least transparent in living memory.

On Monday, ProPublica, the investigative news site, reported that someone had changed the terms of the trust that Trump established before he entered the White House. The trust controls the four hundred or so businesses that Trump owns, and a new clause says that its trustees—Trump’s two sons, Eric and Don, Jr., and a family lawyer, Allen Weisselberg—“shall distribute net income or principal to Donald J. Trump at his request, as the Trustees deem necessary for his maintenance, support or uninsured medical expenses, or as the Trustees otherwise deem appropriate.”

That language reads like a license for the President to extract as much money as he wants from his businesses, with no public disclosure, while he’s still in the White House. For example, it appears to suggest that the trustees could sell a Trump-owned asset anywhere in the world and forward the proceeds to Trump’s bank account without informing anybody.

Trump isn’t taking his annual Presidential salary of four hundred thousand dollars: on Monday, the White House announced that he would donate some of it to the National Park Service. So, he may need income to pay his personal bills and contribute to the upkeep of his family. But legal experts consulted by ProPublica said that the language in the trust was so broad that it was almost unheard of.

It’s been clear from the start that the arrangements Trump made to separate himself from his businesses, and to avoid conflicts of interest, fall woefully short of what is needed. After Trump announced his plans in January, the director of the Office of Government Ethics, Walter Shaub, Jr., called them “wholly inadequate,” saying that they failed to “meet the standards that . . . every President in the last four decades have met.” This latest revelation just confirms how flimsy the divide between Trump and his businesses really is.

On Monday, when Sean Spicer, the White House spokesman, was asked about ProPublica’s report at his daily briefing, he dismissed the Pulitzer Prize-winning organization as “some left-wing blog.” Spicer also said he wasn’t aware that Trump’s trust had been revised. But a copy of the trust document, which ProPublica posted online, shows that Donald, Jr., and Weisselberg signed it on February 10th, just a month after Trump unveiled the trust in its original form.

In a tweetstorm reacting to Spicer’s comments, ProPublica said that it had given the White House an opportunity to comment on the change to the trust before publication. “We told the Trump Org & WH what we knew and gave them time to explain. They didn’t.”

The story about Trump’s trust came out while journalists and public-interest groups were still digesting a slew of financial-disclosure documents, covering about a hundred and eighty Administration employees, that the White House released on Friday evening, the traditional spot in the weekly calendar for releasing negative news. We already knew that Trump’s Cabinet was stuffed with billionaires and multi-millionaires. The news in the financial-disclosure forms is that there are a lot of very rich people working in the White House, too.

In fact, a tally made by the Washington Post showed that twenty-seven of the wealthiest White House aides, at the time that they joined the Administration, together had financial assets worth at least $2.3 billion. Gary Cohn, the former president of Goldman Sachs, who is the head of the National Economic Council, reported assets worth at least two hundred and fifty million dollars. Reed S. Cordish, a Baltimore real-estate developer, had assets worth at least a hundred and ninety-seven million dollars. Steve Bannon, Trump’s chief strategist, reported assets worth between $11.8 million and $53.8 million. Kellyanne Conway, a White House counsellor, said that she was worth between ten million and thirty-nine million dollars. Even Julia Hahn, a twenty-five-year-old aide to Bannon, reported that she had investments worth between $1.1 million and $2.5 million.
But the richest White House employees are members of Trump’s family: Ivanka Trump, his daughter, and Jared Kushner, his son-in-law. Together, according to the disclosure forms, the couple owns assets worth roughly seven hundred and forty million dollars. Kushner’s share in his family’s real-estate empire accounts for the bulk of that total, but not all of it. Ivanka reported that she had a stake in the Trump International Hotel in Washington, D.C., which is located not far from the White House, worth between five million and twenty-five million dollars. During the past fifteen months, she’s received between a million dollars and five million dollars in income from the hotel.

These figures don’t just make a mockery of the claims by Trump and Bannon that this is a populist Administration—they also have legal implications. Although the President is spared the burden of complying with federal conflict-of-interest laws, White House aides aren’t. They are obliged to recuse themselves from areas where they might have a personal interest.

The disclosure forms showed that Kushner, who until recently ran his family’s business, has secured lines of credit through ten big banks, including Deutsche Bank, Bank of America, and Citigroup. These give him a clear interest in the fate of financial regulations. Ivanka’s ownership of a clothing company, which does business around the world, means she potentially has a stake in trade issues. And because they have both been real-estate executives (Ivanka with her father’s company), they have an interest in any policy measures likely to affect that industry, which certainly include tax reform. (Although they have taken steps to separate themselves from the day-to-day running of their businesses, they both retain ownership stakes.)

“Jared Kushner and Ivanka Trump have so many potential conflicts of interest that if they abide by ethics laws and past White House practices, they won’t be able to advise the president on three of his top priorities: Trade, tax reform and Wall Street deregulation,” Norman Eisen and Richard Painter, who served as senior ethics lawyers in the Bush and Obama Administrations, respectively, wrote in USA Today on Monday. (The piece was co-authored by Virginia Canter, the head of the group Citizens for Responsibility and Ethics in Washington.) “The situation is particularly worrying because ethics compliance in the Trump administration has been weak, as evidenced by the White House counsel’s inadequate response to apparent or actual lapses by several White House staffers.”

One of the incidents that Eisen, Painter, and Canter were referring to was Kellyanne Conway’s call earlier this year for people to “go buy Ivanka’s stuff”—an outburst that earned her a counselling session from White House lawyers. But the situation goes well beyond Ivanka Trump’s clothing line. As is evidenced by the popularity of Trump’s D.C. hotel among diplomats recently, many foreign governments have reached the conclusion that the best way to curry influence with the Administration is to patronize Trump businesses, and also, perhaps, to make it easier for them to operate overseas.

On Thursday and Friday, Trump will host Xi Jinping, the President of China, at his Mar-a-Lago resort, in Palm Beach, Florida. After a strained start, relations between the Administration and Beijing appear to have improved in recent weeks. That may be partly because, in late February, China granted preliminary approval for thirty-eight trademarks that the Trump business empire had applied for in the country, opening the way for the company to develop a range of Trump-branded businesses, including hotels and condominiums.

Chinese foreign-ministry officials insisted that the granting of all these trademarks was routine. But intellectual-property lawyers who know China said that it was unusual, and noted that it came just a couple of weeks after Trump, in a telephone conversation with Xi, said he would honor Beijing’s “One China” policy regarding Taiwan—a key demand of the Chinese.

Doubtless, this was all a coincidence. Just as it is a coincidence that Trump has sold a lot of property to wealthy Russians, and that his revised trust places virtually no restrictions on his ability to take out money from his businesses. In kleptocratic regimes, coincidences of this sort tend to be common.


Trump Kleptocracy Watch: An Update - The New Yorker
 

tay

Hall of Fame Member
May 20, 2012
11,548
0
36
Trump isn’t a toddler — he’s a product of America’s culture of impunity for the rich

Ross Douthat’s column arguing for the superiority of “25th Amendment remedies” to impeachment for Donald Trump’s various misdeeds is impressive in its ability to actually find something new and interesting to say about the president. But its premise — shared with a David Brooks column from earlier in the week — that we should understand Trump’s behavior as resembling that of a little kid is fundamentally wrong.

“It is a child who blurts out classified information in order to impress distinguished visitors,” Douthat writes. “It is a child who asks the head of the F.B.I. why the rules cannot be suspended for his friend and ally.”

The truth is that Trump is no child. He’s 70 years old. And he’s not just any kind of 70-year-old. He’s a white male 70-year-old. A famous one. A rich one. One who’s been rich since the day he was born. He’s a man who’s learned over the course of a long and rich life that he is free to operate without consequence. He’s the beneficiary of vast and enormous privilege, not just the ability to enjoy lavish consumption goods but the privilege of impunity that America grants to the wealthy.

Trump’s “law and order” attorney general wants to throw the book at relatively small-time drug offenders. Trump himself has spent his entire career skating away from lawbreaking with a fine paid here and a political contribution there. He’s an unusual figure, but also very much an exemplar of his era and a product of a decades-long ideological campaign to do as much as possible to empower the wealthy and powerful.

Donald Trump is not a toddler

My 2-year-old son misbehaves all the time. The reason is simple: He’s a toddler.

He stuck his foot in a serving bowl at dinner Tuesday night. He screams in inappropriate situations. He’s terrified of vacuum cleaners. He thinks it’s funny to throw rocks at birds. He has poor impulse control and limited understanding of the consequences of his actions.

But he’s also, fundamentally, a good kid. If you tell him no, he’ll usually listen. If you remind him of the rules, he’ll acknowledge them and obey. He shows remorse when his misdeeds are pointed out to him, and if you walk him through a cause-and-effect chain he’ll alter his behavior. Like all little kids, he needs discipline, and he’s got a lot to learn. But he is learning,and he has some notion of consequences and right and wrong.

Trump is not like that — at all.

Perhaps the most telling anecdote about Trump comes from 1990, when, having leveraged his dad’s money into a couple of Manhattan real estate projects, he went about building a debt-financed casino that he could never properly manage. By December, it looked like he was going to have to default on an interest payment on the loans he’d used to finance the Trump Taj Mahal. As Michael Kranish and Marc Fisher detailed for the Washington Post’s book Trump Revealed, he got out of trouble thanks to a shady under-the-table loan from his father, who dispatched a family attorney to New Jersey:
The lawyer, Howard Snyder, approached the casino cage and handed over a certified check for $3.35 million, drawn on Fred's account. Snyder then walked over to a blackjack table, where a dealer paid out the entire amount in 670 gray $5,000 chips. The next day, the bank wired another $150,000 into Fred's account at the Castle. Once again, Snyder arrived at the casino and collected the full amount in 30 more chips.
Trump used this $3.5 million loan from his dad to make the interest payment and avoid losing the casino. But why didn’t Fred just loan Donald the money straightforwardly? Well, New Jersey regulators prohibited casino owners from receiving loans from non-approved entities. Hence the shady deal. But as Mother Jones reported last October, there was nothing legit about this solution:
New Jersey's Casino Control Commission investigated the chip purchase the following year and said it was an illegal loan that broke the state's rules about casinos receiving cash from approved financial sources. The Inquirer wrote that a casino lawyer told the paper that "Fred Trump is ineligible for licensing, and Trump Castle should be required to return the money, a move that would almost certainly force it into bankruptcy court." In the end, the casino kept the money and the commission fined the casino the relatively small amount of $65,000.
This is not the worst thing Trump has done in his life. But it is entirely emblematic of America’s post-Reagan treatment of business regulation. What a wealthy and powerful person faced with a legal impediment to moneymaking is supposed to do is work with a lawyer to devise clever means of subverting the purpose of the law. If you end up getting caught, the attempted subversion will be construed as a mitigating (it’s a gray area!) rather than aggravating factor. Your punishment will probably be light and will certainly not involve anything more than money. You already have plenty of money, and your plan is to get even more. So why not?


On what the political press has rather euphemistically decided to describe as the “Access Hollywood tape,” Trump — talking to a casual acquaintance while wearing a microphone — offered this view of his philosophy of life:
I better use some Tic Tacs just in case I start kissing her. You know I'm automatically attracted to beautiful — I just start kissing them. It's like a magnet. Just kiss. I don't even wait. And when you're a star, they let you do it. You can do anything.
Grab 'em by the pussy. You can do anything

What’s beyond question, however, is that Trump’s expressed view that a rich and famous man like him can get away with anything is both sincere and largely correct. From his empty-box tax scam to money laundering at his casinos to racial discrimination in his apartments to Federal Trade Commission violations for his stock purchases to Securities and Exchange Commission violations for his financial reporting, Trump has spent his entire career breaking various laws, getting caught, and then essentially plowing ahead unharmed. When he was caught engaging in illegal racial discrimination to please a mob boss, he paid a fine. There was no sense that this was a repeated pattern of violating racial discrimination law, and certainly no desire to take a closer look at his various personal and professional connections to the Mafia.

Trump is typical, rather than unusual, in enjoying this kind of slap-on-the-wrist approach to white-collar crime — just ask the executives whose banks reached big-ticket settlements with the Obama Justice Department all while seeing share prices and compensation packages rise, with nobody’s business ruined and no individuals held legally responsible.

He stands out from the pack, essentially, in how deeply he embraces the ethic of impunity, bragging about it to Billy Bush or screwing over small-time contractors as a routine business practice.

None of this is the action of an impulsive toddler or of a senile old man. It is the calculation of a veteran — and rather cunning — operator who has gotten far in life by relying on money, connections, and lawbreaking to keep him afloat.

Accountability would be nice

One way to give this sordid tale a happy ending would be for Icarus, having flown too close to the sun, to finally face judgment and accountability.

The question is whether Republicans in Congress will do their job. There are some signs of life among the long-quiescent GOP this week, with House Oversight Committee Chair Jason Chaffetz requesting James Comey’s memos and committees in both houses of Congress preparing hearings with crucial public testimony. We’re still a long way from real accountability for Trump, but a pathway there is becoming visible.

But beyond Trump, America is desperately in need of a larger political reckoning as well.

The entire culture of civil fines and settlements without admission of wrongdoing that dominates American business regulation is fundamentally odd. If the rules say you can’t keep your casino afloat with an unapproved loan and you respond to that by getting a shady secret unapproved loan to keep your casino afloat, shouldn’t you be out of the casino game? If compliance with money laundering rules is mandatory and you don’t comply, shouldn’t you be shut down?

Any given case obviously presents its nuances, and not every case can be taken to the mattresses. But the settlement racket too easily lets regulators feel like they’re putting points on the board even while criminals continue to roam the streets, having learned the lesson that they’re untouchable. That, fundamentally, is Trump’s problem. Not that he can’t control himself, but that he’s been taught he doesn’t have to.

https://www.vox.com/policy-and-politics/2017/5/18/15654566/trump-toddler