Friday, August 07, 2020

Breaking the law

Simon Kuper in the Financial Times from 3 weeks ago, and now only more relevant --

Trump has helpfully uncovered bits of the American system that need fixing fast. What were unwritten norms before him could now become laws. All future presidential candidates should be obliged to divest their assets, release their tax returns and report foreign attempts to meddle in an election. Presidents should lose their power over federal prosecutors, and over inspectors-general who act as watchdogs of cabinet departments. Presidents shouldn’t be allowed to pardon criminal associates like Roger Stone.

This is a critical point: norms need to become laws. Much of American political reporting is driven by adherence to, and supposed breaches, of norms. Maybe in some past time, this had a real enforcement quality to it, as the norms had a critical mass of acceptance. 

But two things happened. 

First, the appeal to norms became more absurd as conservative media learned how to play the game. Norms as ridiculous as: presidents shouldn't wear tan suits, shouldn't drink orange juice in diners, and shouldn't have their own e-mail servers became scandal cycles -- the last one potentially altering an election. 

Second, Trump showed that you could blow through any conceivable definition of norms and still win elections. The icing on this particular cake: he's now planning to make what would have been his Republican convention speech on the grounds of the White House, an obvious violation of the "norm" about co-mingling campaign and official roles ... and that's it. Pundits will huff and puff, but it will be consequence free.

Make norms into laws. Then Trump would be Breaking the Law. 

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