What should scare Trump most isn’t the Deep State — it’s the Regular State

Donald Trump

Developments in multiple cases involving President Donald Trump and his associates prove the legal system is working.
Trump is in a great deal of trouble.
That’s because the machinery of justice is operating as it should, even when Trump tries to intervene.

A lot of people are depressed, but I find the legal events of the last week or so very hopeful.

Recent events demonstrate, despite the fact that our politics currently center on a hush payment to a porn star and the question of whether there is a “pee tape,” that we are not a banana republic.

We are a nation of laws, where the porn star and the president and his associates all get their days in court.

We are a nation where the Justice Department can and does obtain a search warrant for the premises of the president’s own personal lawyer — as long as the Justice Department goes though an appropriate legal process, and even when its doing so is sure to make the president very, very angry at the people he hired to run the Justice Department.

These recent developments have proceeded in a manner that undermines both pro-Trump and anti-Trump narratives around our legal system.

President Donald Trump is in a great deal of trouble — not mainly because of who is in charge of the Justice Department, but because the machinery of justice as a whole appears to operating as it is supposed to, even when specific controls on that machinery are controlled by Trump’s own appointees.

The system is bureaucratic, and it is working

Consider the raid on the hotel room and offices of Trump’s personal lawyer, Michael Cohen. These raids arose out of a referral from the office of the special counsel (that is, Robert Mueller) but were:

Sought by the office of the US Attorney for the Southern District of New York;
Approved by Deputy Attorney General Rod Rosenstein;
And authorized by a magistrate judge.

Rosenstein is Trump’s nominee, thought you might forget that given the president’s near-constant raging against him. The interim US Attorney for the SDNY, Geoffrey Berman, is also a Trump appointee, though he is recused from this case — again, an example of the bureaucracy behaving as it is supposed to.

This isn’t a case of Mueller behaving like Inspector Javert and looking through anybody’s files he wants. It’s a case of him setting off an arms-length process which led to a diverse group of officials deciding the correct course of action was a highly unusual raid not just on any lawyer, but the president’s lawyer.

Criminal defense attorney Ken White has a useful post laying out how high the hurdles must have been to get such raids approved, and why the president should be very concerned that they were met.

The distributed nature of this system creates a problem for Trump. He is not up against a conspiracy of a few political enemies, whom he can fire …read more

Source:: Business Insider


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