The Radical Strategy Behind Trump's Promise to 'Go After' Biden

At the New York Times, "Conservatives with close ties to Donald J. Trump are laying out a “paradigm-shifting” legal rationale to erase the Justice Department’s independence from the president":

When Donald J. Trump responded to his latest indictment by promising to appoint a special prosecutor if he’s re-elected to “go after” President Biden and his family, he signaled that a second Trump term would fully jettison the post-Watergate norm of Justice Department independence.

“I will appoint a real special prosecutor to go after the most corrupt president in the history of the United States of America, Joe Biden, and the entire Biden crime family,” Mr. Trump said at his golf club in Bedminster, N.J., on Tuesday night after his arraignment earlier that day in Miami. “I will totally obliterate the Deep State.”

Mr. Trump’s message was that the Justice Department charged him only because he is Mr. Biden’s political opponent, so he would invert that supposed politicization. In reality, under Attorney General Merrick Garland, two Trump-appointed prosecutors are already investigating Mr. Biden’s handling of classified documents and the financial dealings of his son, Hunter.

But by suggesting the current prosecutors investigating the Bidens were not “real,” Mr. Trump appeared to be promising his supporters that he would appoint an ally who would bring charges against his political enemies regardless of the facts.

The naked politics infusing Mr. Trump’s headline-generating threat underscored something significant. In his first term, Mr. Trump gradually ramped up pressure on the Justice Department, eroding its traditional independence from White House political control. He is now unabashedly saying he will throw that effort into overdrive if he returns to power.

Mr. Trump’s promise fits into a larger movement on the right to gut the F.B.I., overhaul a Justice Department conservatives claim has been “weaponized” against them and abandon the norm — which many Republicans view as a facade — that the department should operate independently from the president.

Two of the most important figures in this effort work at the same Washington-based organization, the Center for Renewing America: Jeffrey B. Clark and Russell T. Vought. During the Trump presidency, Mr. Vought served as the director of the Office of Management and Budget. Mr. Clark, who oversaw the Justice Department’s civil and environmental divisions, was the only senior official at the department who tried to help Mr. Trump overturn the 2020 election.

Mr. Trump wanted to make Mr. Clark attorney general during his final days in office but stopped after the senior leadership of the Justice Department threatened to resign en masse. Mr. Clark is now a figure in one of the Justice Department’s investigations into Mr. Trump’s attempts to stay in power.

Mr. Clark and Mr. Vought are promoting a legal rationale that would fundamentally change the way presidents interact with the Justice Department. They argue that U.S. presidents should not keep federal law enforcement at arm’s length but instead should treat the Justice Department no differently than any other cabinet agency. They are condemning Mr. Biden and Democrats for what they claim is the politicization of the justice system, but at the same time pushing an intellectual framework that a future Republican president might use to justify directing individual law enforcement investigations.

Mr. Clark, who is a favorite of Mr. Trump’s and is likely to be in contention for a senior Justice Department position if Mr. Trump wins re-election in 2024, wrote a constitutional analysis, titled “The U.S. Justice Department is not independent,” that will most likely serve as a blueprint for a second Trump administration.

Like other conservatives, Mr. Clark adheres to the so-called unitary executive theory, which holds that the president of the United States has the power to directly control the entire federal bureaucracy and Congress cannot fracture that control by giving some officials independent decision-making authority.

There are debates among conservatives about how far to push that doctrine — and whether some agencies should be allowed to operate independently — but Mr. Clark takes a maximalist view. Mr. Trump does, too, though he’s never been caught reading the Federalist Papers...

Nicole Hemmer, Partisans

At Amazon, Nicole Hemmer, Partisans: The Conservative Revolutionaries Who Remade American Politics in the 1990s.

Sohrab Ahmari, The Unbroken Thread

At Amazon, Sohrab Ahmari, The Unbroken Thread: Discovering the Wisdom of Tradition in an Age of Chaos.

A Manifesto on National Conservatism

This is a clarifying document with much to like (even more so, seeing it moved one writer at the Washington Post to attack it as "fascist"). 

Some parts are just okay, though. 

The document can't reconcile America's role as the "indispensable nation" in world affairs with the current domestic populist isolationist zeitgeist. The United States is simply too powerful to assume that we can completely shrink from what the authors call "liberal imperialism." Political fashions come and go. We've had major populist movements for reform previously, which, for example, later tailed-off into a more New Deal-style liberalism, that is, radical progressive statism, etc. The same in foreign policy. Should Russia and China agree to formally ally against the U.S., and to threaten U.S. interests beyond Ukraine --- say, with a Russian war in Western Europe or the establishment of Chinese forward operating bases in Latin America --- things will change, and the U.S., in its role as the world's liberal hegemon, will be forced to act according to the pressures of national security in an anarchic world of interstate competition and power shifts. 

The manifesto's a product of the Edmund Burke Foundation and is endorsed by such big name MAGA-esque figures as Michael Anton, Victor Davis Hanson, and Julie Kelly, among others.

See, "National Conservatism: A Statement of Principles." It's a ten-point program. Here's 8-10:

8. Family and Children. We believe the traditional family is the source of society’s virtues and deserves greater support from public policy. The traditional family, built around a lifelong bond between a man and a woman, and on a lifelong bond between parents and children, is the foundation of all other achievements of our civilization. The disintegration of the family, including a marked decline in marriage and childbirth, gravely threatens the wellbeing and sustainability of democratic nations. Among the causes are an unconstrained individualism that regards children as a burden, while encouraging ever more radical forms of sexual license and experimentation as an alternative to the responsibilities of family and congregational life. Economic and cultural conditions that foster stable family and congregational life and child-raising are priorities of the highest order.

9. Immigration. Immigration has made immense contributions to the strength and prosperity of Western nations. But today’s penchant for uncontrolled and unassimilated immigration has become a source of weakness and instability, not strength and dynamism, threatening internal dissension and ultimately dissolution of the political community. We note that Western nations have benefited from both liberal and restrictive immigration policies at various times. We call for much more restrictive policies until these countries summon the wit to establish more balanced, productive, and assimilationist policies. Restrictive policies may sometimes include a moratorium on immigration.

10. Race. We believe that all men are created in the image of God and that public policy should reflect that fact. No person’s worth or loyalties can be judged by the shape of his features, the color of his skin, or the results of a lab test. The history of racialist ideology and oppression and its ongoing consequences require us to emphasize this truth. We condemn the use of state and private institutions to discriminate and divide us against one another on the basis of race. The cultural sympathies encouraged by a decent nationalism offer a sound basis for conciliation and unity among diverse communities. The nationalism we espouse respects, and indeed combines, the unique needs of particular minority communities and the common good of the nation as a whole.

RTWT.