Why Trump's corruption matters.
May 28, 2025
Tuesday was a mixed day for defenders of democracy. On the one hand, the president’s corruption boiled over in a public display of graft on a scale and depth of depravity never before seen in our nation’s history—a display directly traceable to the Supreme Court’s immunity decision. On the other hand, the courts continued to grant relief to almost everyone who has risen to challenge Trump's reign of lawlessness.
As to the public display of graft, the obvious question is, “What can we do about it?” In a healthy democracy, Trump would have already been impeached, convicted, and removed from office by joint action of the House and Senate.
Because the GOP will not defend the Constitution by impeaching Trump, the next obvious remedy is to prosecute Trump under the US criminal code—a route barred (with one exception) by the US Supreme Court’s grant of presidential immunity in Trump v. US.
Once again, the remedy falls to us. We must speak the truth about Trump's public corruption. And, once again, I remind those who say, “It won’t matter; Trump doesn’t care; his base doesn’t care,” that we are not speaking to Trump or his base. We are talking to persuadable voters who supported Trump and eligible voters who stayed home in 2024. We are speaking to family members, children, and grandchildren. We are speaking to future historians. And we are reminding ourselves that honest government matters to us.
If we stop caring about corruption, surrender to cynicism, or succumb to defeatism, our democracy is lost. We cannot let that happen. We will not let it happen—not on our watch.
Yes, it is painful and galling to review the daily corruption by Trump, but we must be able to communicate that corruption to everyone who matters.
So, let’s take a look at the actions by the most corrupt administration in history.
Why Trump’s corruption matters.
Trump’s corruption is becoming more blatant and public—while the media is becoming increasingly quiet about the unfolding scandals. Josh Marshall describes the increasing complacency of the media as “The Great Quieting.” (“[L]ots of things are not being said or reported because people are afraid to say them.”)
Multiple scandals, several orders of magnitude worse than Watergate, unfolded over the last 72 hours, but the media is eerily quiet about the cascading corruption. (Except for Jake Tapper, who is on British television telling anyone who will listen that the alleged “cover up” about Joe Biden's health is “worse than Watergate”—while Tapper says nothing about Trump's current scandals because they won’t help boost his book sales. No wonder the trending meme on the internet is “F*** Jake Tapper.”)
The corruption is so bad that the person Trump has appointed to lead the DOJ Office of Pardons—the disgraced Ed Martin—tweeted “No MAGA left behind” after announcing the pardon of a corrupt Virginia sheriff convicted of “selling” fake police badges. See Alternet, 'No MAGA left behind': Outrage as Trump pardon chief issues new vow.
Ed Martin’s shameful tweet is a play on the unofficial motto of the US military: “No man left behind.” But in Martin’s perverted version, he is saying that the DOJ will not leave any MAGA convicted criminal without a pardon—no matter how egregious the crime.
On Memorial Day, Trump pardoned Sheriff Scott Jenkins for issuing police badges in exchange for bribes. See Rolling Stone, Trump Capped Memorial Day by Pardoning a Crooked Sheriff. A jury convicted Jenkins on charges of wire fraud, conspiracy, and bribery. Ed Martin’s post-pardon tweet made clear that Sheriff Jenkins was pardoned under the “No MAGA Left Behind” policy.
To a similar effect is the pardon of Paul Walczak, a nursing home executive who pleaded guilty to tax violations. Per the NYTimes
[Walczak] withheld more than $10 million from the paychecks of the nurses, doctors and others who worked at his facilities under the pretext of using it for their Social Security, Medicare and federal income taxes. Instead, he used some of the money to buy a $2 million yacht and to pay for travel and purchases at high-end retailers, including Bergdorf Goodman and Cartier, prosecutors said.
Trump pardoned Walczak three weeks after his mother attended a $1 million-per-person fundraising dinner at Mar-a-Lago.
In any other administration with any other Congress, the president would be subject to an impeachment investigation, if not conviction and removal. The facts strongly suggest a quid pro quo that deserves scrutiny. But under the Supreme Court’s immunity decision, Trump's exercise of his core presidential power of issuing pardons is above the law.
So, too, with Trump's pardon of two “reality TV stars,” convicted of tax evasion and fraud. CNBC, Trump to pardon reality TV stars Todd and Julie Chrisley.
Trump pardoned the Chrisleys after their daughter made a request to Trump. The Chrisleys’ daughter actively campaigned for Trump in 2024, leading the “Women’s Tour for Trump.” Loyalty to Trump matters above all else, including defrauding innocent victims.
But the pardons are chump change for Trump. The parent company for his social media venture announced on Tuesday that it was raising $2.5 billion for a cryptocurrency fund. See Business Insider, Trump Media Is Raising $2.5 Billion To Build A Bitcoin Reserve.
The president, of course, is presiding over decisions regarding the future regulation of the crypto industry, which he once called a “scam.” He recently hosted a dinner at the White House for the largest purchasers of a newly issued crypto meme coin called $TRUMP.
Within a matter of hours, the worthless $TRUMP meme coin became the 15th largest cryptocurrency in the world.
Why?
Because it provides access to President Trump, which is precisely what the largest purchasers received when they were invited to the White House for a dinner with Trump.
When reporters asked White House Press Secretary Karoline Leavitt about the obvious conflicts of interest for a president selling cryptocurrency that granted access to the White House, she responded that the dinner and related activities were done on Trump's “personal time.” See Mediate, Karoline Leavitt Insists Trump Is Attending Shady Crypto Dinner With Foreign Investors in His ‘Personal Time’
Bingo! If Trump is “selling” access to the White House on his “personal time,” then the presidential immunity granted by the Supreme Court does not apply. See Raw Story, White House claim puts Trump 'potentially outside the immunity shield': attorney.
So, Trump's grotesque spree of corruption may have exceeded the capacious boundaries of presidential immunity granted by the Supreme Court. There is still hope that Trump will be criminally convicted after his term expires!
But, regardless of what happens, we must remember, “It’s the corruption, people!” The cavalcade of corruption is taking place at the very moment that the Senate is considering cutting off lifesaving benefits for tens of millions of Americans. It doesn’t get any more outrageous than that!
Successes in Resisting Trump's lawless agenda
Now that we have addressed Trump's corruption, let’s look at successful efforts to resist his lawless agenda.
Perhaps the most instructive story is that a CNN journalist who was about to be barred from Pete Hegseth’s trip to Singapore because the journalist had hurt Hegseth’s tender feelings with mean tweets. The other journalists in the Pentagon press pool took the only sensible action—they refused as a group to travel with Hegseth to Singapore, thereby denying Hegseth the media coverage that prevents him from melting like the Wicked Witch of the West.
Guess what the Pentagon did? It relented and allowed the CNN journalist to travel as part of the press pool on Hegseth’s trip to Singapore. See Oliver Darcy, Status News, Hegseth's Safe Space.
The moral of this story should be burned into the hearts and minds of everyone who resists Trump: Together, there is nothing we cannot do!
Next, NPR has sued the Trump administration over cuts to public broadcasting imposed in an executive order. See NPR, NPR, public radio stations sue Trump White House over funding ban.
Before commenting on the NPR suit, it bears repeating that the president has no authority to cut, withhold, or impound funds appropriated by Congress. Doing so violates Article I, Section 9, Clause 7 of the Constitution and the Impoundment Control Act of 1974. Trump's conduct in withholding funds appropriated by Congress is an impeachable offense that should result in Trump's conviction and removal from office.
Because Trump's actions are unconstitutional and illegal, NPR will win. The resistance by NPR is precisely what every institution affected by illegal executive orders should do.
The NPR story has another positive aspect—the fact that the preeminent law firm of Gibson Dunn & Crutcher and star attorney Ted Boutrous are representing NPR in its lawsuit against the administration. Some of Gibson Dunn’s most prominent attorneys have long been part of the Republican establishment. But those past political associations did not stop Gibson Dunn from taking on NPR as a client in a just lawsuit against an illegal order.
Kudos to Gibson Dunn and Ted Boutrous. They are leading by example during a fraught time in our nation’s history. [Disclosure: I was a partner at Gibson Dunn & Crutcher for several years before joining Morrison & Foerster.]
Speaking of the legal profession being put to the test, U.S. District Judge Richard J. Leon issued a permanent injunction in favor of the law firm WilmerHale in its lawsuit challenging Trump's executive order, which punished the firm for employing Robert Mueller.
The opinion is here: Wilmer Hale v. Executive Office of President | Memorandum Opinion | 5/27/25.
Judge Leon found that Trump's executive order violated the First, Fifth, and Sixth Amendments to the Constitution as well as the doctrine of separation of powers. In the introduction to his opinion, Judge Leon writes:
The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting. The Founding Fathers knew this!
Accordingly, they took pains to enshrine in the Constitution certain rights that would serve as the foundation for that independence. Little wonder that in the nearly 250 years since the Constitution was adopted no Executive Order has been issued challenging these fundamental rights.
Now, however, several Executive Orders have been issued directly challenging these rights and that independence. One of these Orders is the subject of this case. For the reasons set forth below, I have concluded that this Order must be struck down in its entirety as unconstitutional. Indeed, to rule otherwise would be unfaithful to the judgment and vision of the Founding Fathers!
The future of the legal profession hangs in the balance. Some firms—such as WilmerHale, Jenner & Block, Perkins Coie, Gibson Dunn, King & Spalding, Quinn Emanuel, Susman Godfrey, and Covington & Burling—have stood up to Trump. Others have capitulated.1
The lesson of Wilmer Hale is that resistance works and encourages others to resist. The legal profession must remain united in its opposition to the lawlessness of the Trump administration.
In the section below on Opportunities for Reader Engagement, I invite everyone (but especially lawyers) to join an event by Speak Up For Justice, an initiative by leaders in the legal profession to defend the judiciary against attacks by the administration.
Opportunities for Reader Engagement
I highlight two important opportunities for reader engagement. I hope you will consider attending both:
Latino Victory
Join me in a discussion with noted activists Luis Miranda and Katherine Pichardo as we discuss Latino Victory
Join me and Luis A. Miranda, Jr. and Katharine Pichardo on Thursday, May 29 at 8:00 p.m. ET / 5:00 p.m. PT as we discuss the work of Latino Victory and the role of Latino voters in the 2024 election and what that means for the upcoming midterms.
If you aren’t yet familiar with Latino Victory, it is one of the leading organizations focused on electing progressive Latino leaders and strengthening Latino civic engagement nationwide. Founded by Eva Longoria and Henry Muñoz in 2014, Latino Victory has helped elect over 245 Latino leaders across the country — from city councils to Congress — and are preparing for one of the most consequential elections of our lifetime.
I’m hosting this Substack Livestream event to help support Latino Victory’s work and to help launch its new Substack, Latino Victory. You can help spread Latino Victory’s outreach efforts by subscribing to the Latino Victory newsletter (for free) or recommend Latino Victory’s newsletter to others who may be interested in helping to support Latino candidates nationwide.
Join Speak Up For Justice in defending the judiciary
Speak Up For Justice seeks to bring the country together to voice support for the judiciary at a time when it is under unprecedented attack. Join Speak Up for Justice on May 29 at 9am PT, 12pm ET. Sign up here: Speak Up For Justice.
Panelists will include Judge M. Margaret McKeown, Jeff Jackson (NC Attorney General), Will Rollins (former federal prosecutor), Ashley Akers (former DOJ Senior Trial Counsel), and Rachel Cohen (former Skadden Aarps attorney who resigned in protest).
Speak Up for Justice grows out of a shared recognition that the rule of law and the independence of the judiciary are the hallmarks of our democracy. The attacks on the judiciary have led to an alarming increase in threats to judges and their families. Speak Up for Justice is a show of support for judges who daily strive to realize the promise of justice for all, regardless of who appointed them and whether a decision is popular or not.
Concluding Thoughts
Trump is flailing and failing in nearly every initiative he has undertaken. Russian President Vladimir Putin is playing Trump for the fool that he is by stepping up military attacks on civilians in Ukraine. By attacking civilians, Putin is taunting Trump's feckless efforts to “negotiate” an end to Russia’s war on Ukraine. Trump has not only failed to end the war “in 24 hours” as promised, but he has also caused Russia to step up its attack on Ukraine by signaling a willingness to cut US support for Ukraine.
So, too, with failed promises to lower prices, to protect Medicare and Medicaid, to force US businesses to return to the US with tariffs, and to create the strongest US economy ever.
Trump is not only failing, he is failing in the spectacular fashion of a Space X rocket suffering a rapid unscheduled disassembly.
We must use those failures as talking points. While Trump's corruption will repulse some voters, others voted for Trump because they were fooled by his false bravado about his non-existent business acumen and bumbling management skills. Like everything else he touches, Trump is causing portions of the federal government to wither and die through his ineptitude.
The good news is that grassroots activists understand Trump's failings and have been effective in conveying those failures to the American public. More work remains to be done but grassroots activists have made a strong start—with protests in June expected to expand and strengthen the resistance.
It has not been an easy fight, but the momentum is in our favor. Trump is revealing himself as the incompetent buffoon he is. We can’t count on Republicans to defeat themselves, but neither should we ascribe to them superpowers they do not have.
The last week has reminded us that we have reason to hope, even as we engage in a daily contest for the hearts and minds of the American people. The signs are encouraging, but they remind us that we must do more of the same, more frequently, and on a larger scale. We can do that!
Together, there is nothing we cannot do!
Talk to you tomorrow!
The firms that capitulated to Trump rather than defend the rule of law are Paul Weiss, Kirkland & Ellis, Milbank, Latham & Watkins, Willkie Farr, Simpson Thatcher, Skadden Arps, Cadwalader, and A&O Shearman.
"Yes, it is painful and galling to review the daily corruption by Trump, but we must be able to communicate that corruption to everyone who matters." Thanks, Robert!
When I watch some of the young podcasters interview Trump supporters at rallies or events, and they ask about something he has done that is clearly unconstitutional or against the law, they don't seem to mind. I wonder if it's because our culture ranks "blue collar crime" much worse than "white collar crime." I remember when T got those 34 feloncy convictions, his followers that I saw were pretty much asking, "What's the big deal?"
I think we need to get better at the "which means" part of the message to wavering T voters and folks who stayed at home. In sales we used to call it "features and benefits." If you tell the feature (Bactrim only needs to be taken twice a day) without the benefit ("which means" your patient is less likely to forget to take it, and they are more likely to get better) you probably won't get the sale.
I think we need a "which means" benefit phrase for every single fact we are trying to get across tp wavering Trump Voters & non-voters. And you can do that for non-benefits as well. I'll start!
E.g. in DePue Illinois.
"I just found out that Trump cancelled our grant to get the sewers fixed in our town! That means that when it rains, we're still going to have raw sewage back up into our bathrooms. I really thought we were going to finally get relief from that!"
Ok, where do we keep this list??!! Blessings,
.
The Vichy surrender monkeys in the raise-the-white-flag-fast law firms are now being tasked with providing Pro Bono support to other MAGAt lawsuits. As has been shown repeatedly throughout history, surrender doesn't take one out of the line of fire, it just means there's going to be more fire.