This is what happens when public service becomes an opportunity for private plunder. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌   ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ 
Brennan Center for Justice The Briefing
Last week, a delegation of business leaders from Switzerland visited the Oval Office to meet with President Trump. They bore gifts. The businessmen gave Trump an engraved gold bar worth more than $130,000, as well as a Rolex desk clock. Trump, labeling the meeting a “job well done,” agreed to cut tariffs on Swiss imports from 39 percent to 15 percent.
A year ago, I warned that a move to fund the government through tariffs would bring about a new era of crony capitalism. We are now neck-deep in the muck. It all resembles the Gilded Age, the era of gaudy corruption in the late 1800s — this time, with gold bars piling up on the Resolute Desk.
Trump’s net worth has grown by $3 billion since he took office. His family businesses are raking in millions in the crypto industry, luxury real estate, and investment deals in the Middle East. The Trump Organization is reported to be in talks with Saudi Arabia on a deal that could bring the Trump brand to a government-owned luxury real estate development, flying in the face of the Constitution’s Foreign Emoluments Clause. Meanwhile, Trump hosted Crown Prince Mohammed bin Salman at the White House today.
Brazen grifting now pervades the entire federal government.
The bill to end the government shutdown included a provision quietly inserted at the last minute that allows senators to sue for $500,000 or more if their phone records were investigated without notice. That could hand millions of taxpayer dollars to eight senators whose phone records were subpoenaed in Jack Smith’s investigation into efforts to overturn the 2020 election. Even those who voted for the bill are now calling for its reversal. It’s a rare moment of “bipartisan outrage,” as Rep. Jamie Raskin (D-MD) put it.
Indeed, the bill was stuffed with language sought by lobbyists. One provision guts food safety rules, including regulations designed to prevent contamination and illnesses at farms and restaurants. Food industry lobbyists spent millions in the last election cycle to promote deregulation. Among the bipartisan beneficiaries: the campaigns of Sens. Tim Kaine (D-VA), Dick Durbin (D-IL), and Jacky Rosen (D-NV), who were among the seven Democrats who voted for the funding bill.
All this underscores what happens when public service becomes a means for private plunder. Macroeconomic consequences loom. The crypto industry flooded Congress with cash and won backing from the federal government; now, as David Frum argues in The Atlantic, crypto’s wildly gyrating, vaporous values may pose a systemic risk.
If a crash comes, will voters connect the dots? Throughout history, reform follows scandal — but not always.
Meaningful change requires public awareness. Moral condemnation and aesthetic disdain are not enough. Nor is an abstract commitment to the rule of law. Rather, citizens must understand with specific clarity how an unfair system gives them the shaft.
The Gilded Age produced, first, the revolt of the Populists. Largely rural, that impulse soon curdled into nativism and bigotry.
But then came the Progressive Era, a more lasting and significant response to the Gilded Age. A movement for change swept every level of government. Both parties vied for the mantle of reform. Americans of the early 20th century saw that the answer to corruption was not just protest but rebuilding institutions and forging a modern government.
Among other things, reformers won constitutional amendments establishing that U.S. senators would be chosen directly by voters, not legislatures. (State legislators often chose senators who doubled as industry representatives: Montana’s senators represented copper, Pennsylvania’s steel, New York’s Wall Street.) Women won the right to vote. The Constitution was also amended to replace the corruption-riddled tariff regime with the income tax.
After he became president, Theodore Roosevelt said, somewhat hyperbolically, “Sooner or later, unless there is a readjustment, there will come a riotous, wicked, murderous day of atonement.”
We hopefully remain far from that. Reform is achievable. Change and redemption require sustained citizen engagement, political creativity, and leaders willing to mix it up.

 

High Stakes in Supreme Court’s Private Prison Case
One of the government’s biggest private prison contractors argued before the Supreme Court last week that it should have immunity from being sued for alleged forced labor practices at one of its immigrant detention centers. The company, GEO Group, claims that because it was working on the government’s behalf, it should have sovereign immunity, which normally shields the government from certain lawsuits. In a new analysis, Lauren-Brooke Eisen unpacks the case and explains how a ruling for GEO Group could help all government contractors dodge accountability. Read more
A State Offensive Against Citizens United
The Supreme Court appears to be uninterested in revisiting its Citizens United decision, which lets wealthy individuals and corporations spend unlimited money on elections. But that doesn’t mean states have to accept the explosion of big money in American politics without protest. Jay Swanson and Eric Petry argue that “a strategy that helped antiabortion activists in their quest to overturn Roe v. Wade could also work for campaign finance reform: enacting state trigger laws that directly challenge the legitimacy of the Court’s decision.” Read more
Why Most Americans Are Excluded from Power
Citizens United is also part of the reason why Congress is wealthier than the country it represents, Maya Kornberg argues in The Hill. The cost of running for and remaining in office makes it extremely challenging for people without wealthy networks to succeed. “We need to fix the campaign pipeline and ensure that elected officials can reflect the communities they represent,” Kornberg writes. Read more
Diversity on the Bench
State supreme courts, which generally have the final say in interpreting state laws and constitutions, also often fail to reflect the diversity of their communities. The Brennan Center’s updated report on the demographic and professional makeup of state high court benches finds that 18 states lack any justices of color, including in states where people of color make up at least 20 percent of the population, and 8 states have only one woman on their supreme courts. Read more

 

PODCAST
The U.S. military is trained to defeat enemies, not to police American citizens. President Trump’s troop deployments in Chicago, Portland, and potentially other cities threaten civil liberties and the rule of law. The Brennan Center’s Elizabeth Goitein and retired U.S. Army general and former member of Congress William L. Enyart discuss the legality of Trump’s actions and how to counter them. Watch or listen on YouTube // Spotify // Apple // SUBSTACK

 

News
  • Elizabeth Goitein on the legal limits on domestic troop deployments // THE INTERCEPT
  • Michael Li on how states could respond to a Supreme Court ruling on redistricting // NPR
  • Sean Morales-Doyle on the pardons of those who tried to overturn the 2020 election // AZ MIRROR
  • Stephen Spaulding on the Supreme Court’s use of the shadow docket // SCOTUSBLOG