76 new york | august 5–18, 2019
he was amazed that his attorney general
would follow legal ethics rather than the
boss’s instructions, he has now finally
appointed one to protect him personally,
pursue his political opponents, and
defend an extreme theory of presidential
Article 2 power. Checked for the first time
this year by a Democratic House, he has
responded the way a monarch would—by
simply refusing, in an unprecedentedly
total fashion, to cooperate with any con-
gressional investigation of anything in his
administration. Far from being transpar-
ent to prove his lack of corruption, he has
actively sued anyone seeking any infor-
mation on his finances. He has declared a
phony emergency to justify seizing and
using congressional funds for a purpose
specifically opposed by the Congress,
building a wall on the southern border,
and gotten away with it. He has taken his
authority to negotiate tariffs in a national-
security emergency and turned it into a
routine part of presidential conduct to
wage a general trade war. And he has
enabled an army of grifters and oppor-
tunists to line their pockets or accumulate
perks at public expense—as long as they
never utter a word of criticism.
He has also definitively shown that a
president can accept support from a for-
eign power to ge t elected, attempt to shut
down any inquiry into his crimes, obstruct
justice, suborn perjury from an aide, get
caught ... and ge t away with all of it. Ask-
ing for his tax returns or a radical distanc-
ing from his business interests strikes him
as an act of lèse-majesté. He refers to “my
military” and “my generals,” and claims
they all support him, as if he were Pompey
or Caesar. He muses constantly about
extending his term of office indefinitely,
just as those Roman populists did.
Does he mean it? It almost doesn’t mat-
ter. He’s testing those guardrails to see just
how numb a public can become to gro-
tesque violations of ethical or rhetorical
norms, and he has found them exhilarat-
ingly wanting. And he has an unerring
instinct for where the weaknesses of our
republican system lie. He has abused the
limitless pardon powers of the president
that were created for rare occasions of
clemency, a concept that to Trump has liter-
ally no meaning. He has done so to reward
political friends, enthuse his base, and,
much more gravely, to corrupt the course of
justice in the Mueller investigation. The
concept even of a “self-pardon” has been
added to the existing interdiction on pros-
ecuting a sitting president.
He has also abused various laws allowing
him to declare national emergencies in
order to get his way even when no such
emergencies exist. Congress has passed sev-eral of these laws, assuming naïvely that in
our system, a president can be relied on not
to invent emergencies to seize otherwise
unconstitutional powers—like executive
control of legislative spending. This, of
course, is not a minor matter; it’s an assault
on the core principle of separation of pow-
ers that makes a republican government
possible. But when the Supreme Court
recently lifted a stay on the funds in a legal
technicality, where was the outcry? The rul-
ing registered as barely a blip.
The whims of one man now determine
much of what happens in what we think of
as a republic, where power should, in prin-
ciple, be widely disseminated. And you
don’t just see this in what has objectively
happened. You can feel the difference in the
culture. Every morning, Washington wakes
up and needs to ask only one question to
figure out what’s going on, as they did in the
royal courts of old: What is the president’s
mood today? If that isn’t a sign of a fast-
eroding republic, what is?Some argue that although the
president has obviously attempted
to break the law many times and lies
with pathological abandon, he still
hasn’t openly defied a court order, sus-
pended an election, or authorized some-
thing as lawless as torture. He talks and
walks like a dictator, but in practice, his
incompetence and inability to focus or
plan or even read saves us. That, it seems
to me, misses three things. The first is the
president’s rhetoric. What happened to the
Roman republic was a slow slide into pub-
lic illegitimacy, intensified by the way in
which elites played by the rules only when
it suited them and broke precedents and
norms when it came to defending their
own interests, complaining loudly when
others did the same.
This generated a feeling that the system
was rigged, that it made sense to cut cor-
ners, or lie, or take care of yourself before
you followed the letter of the law. But when
the president himself declares the system he
works in is rigged, when he opines that elec-
toral fraud is rampant, when he accuses his
own FBI and intelligence services of being
corrupt, he accelerates this process of dele-
gitimization. And that matters immensely.
In politics, words are not separate from
acts; words are acts. Republican norms that
are constantly denigrated by their pur-
ported leaders tend to disappear. And no
single figure has done as much damage to
that legitimacy in American history as
Trump. He does not even feign respect for
democratic norms.
The second case against complacency is
that a key branch of government that can
and should restrain presidential over-principle of the American experiment in
self- government, Trump has effectively sus-
pended it for the past three years and nor-
malized strongman politics in America.
Nothing and no one in his administration
matters except him, as he constantly
reminds us. His Cabinet appeared to rein
him in for a while, until most experienced
adults left it as his demands for total sub-
servience became more insistent. Vast
tracts of the bureaucracy are simply
ignored, the State Department all but shut
down, foreign policy made by impulse,
whim, nepotism, for financial gain, or from
strange personal rapport with thugs like
Kim Jong-un and Vladimir Putin, rather
than by any kind of collective deliberation
or policy process. Pliant nobodies fill
administrative roles where real expertise
matters and pushback against the presi-
dent could have been effective in the past.
Congress has very occasionally objected,
but it has either been vetoed, as in the
recent at tempt to curtail U.S. support for
Saudi Arabia’s wars, or, if it succeeded in
passing legislation with a veto-proof major-
ity, as in Russian sanctions, been slow-
walked by the White House.
Writing honestly about this—and the
extraordinary upping of the authoritarian
ante this presidency has entailed—comes
across at times like a dystopian portrait of a
nightmare future, ex cept it is very much the
present and greeted either with enthusias-
tic support from the GOP or growing
numbness and acceptance by the broader
public. The old-school relative reticence of
the republican concept of a president had
already been transformed, of course, but
Trump ramped up the volume to 11: a pro-
paganda channel broadcasting round the
clock, with memes almost instantly
retweeted by the president, endless provo-
cations to own the news cycle, and mass
rallies to sustain his populist appeal. If the
definition of a free society is that you don’t
have to think about who governs you every
minute of the day, then we no longer live in
a free society. The press? Vilified, lied to,
ignored, mocked, threatened.
When Trump has collided with the rule
of law, moreover, he has had a remarkable
string of victories. After a period in whichCONTINUED FROM PAGE 25Our
CaesarTRANSMITTED________ COPY ___ DD ___ AD ___ PD ___ EICTRANSMITTED1619FEA_AndrewSullivan_lay [Print]_35565047.indd 76 8/2/19 7:36 PM76 newyork| august5–18, 2019
hewasamazed that his attorney general
wouldfollowlegal ethics rather than the
boss’sinstructions, he has now finally
appointedone to protect him personally,
pursuehis political opponents, and
defendanextreme theory of presidential
Article2 power. Checked for the first time
thisyearbya Democratic House, he has
respondedthe way a monarch would—by
simplyrefusing, in an unprecedentedly
totalfashion,to cooperate with any con-
gressionalinvestigation of anything in his
administration. Far from being transpar-
enttoprovehis lack of corruption, he has
activelysuedanyone seeking any infor-
mationonhisfinances. He has declared a
phonyemergency to justify seizing and
usingcongressional funds for a purpose
specificallyopposed by the Congress,
buildinga wall on the southernborder,
andgottenaway with it. He has taken his
authoritytonegotiate tariffs in a national-
securityemergency and turned it into a
routinepartof presidential conduct to
wagea general trade war. Andhe has
enabledanarmy of grifters andoppor-
tunists tolinetheir pockets or accumulate
perksatpublic expense—as longas they
neveruttera word of criticism.
Hehasalso definitively shown that a
presidentcanaccept support from a for-
eignpowertoge t elected, attempt to shut
downanyinquiry into his crimes, obstruct
justice,suborn perjury from an aide, get
caught...andge t away with all ofit. Ask-
ingforhistaxreturns or a radical distanc-
ingfromhisbusiness interests strikes him
asanactoflèse-majesté. He refers to “my
military”and“my generals,” and claims
theyallsupport him, as if he were Pompey
orCaesar.He muses constantly about
extendinghisterm of office indefinitely,
justasthoseRoman populists did.
Doeshemean it? It almost doesn’t mat-
ter.He’stesting those guardrails to see just
hownumba public can becometo gro-
tesqueviolations of ethical or rhetorical
norms,andhe has found them exhilarat-
inglywanting. And he has an unerring
instinct forwhere the weaknesses of our
republicansystem lie. He has abused the
limitlesspardon powers of the president
that werecreated for rare occasions of
clemency,a concept that to Trump has liter-
allynomeaning. He has done so to reward
politicalfriends, enthuse his base, and,
muchmoregravely, to corrupt the course of
justiceintheMueller investigation. The
conceptevenof a “self-pardon” has been
addedtotheexisting interdiction on pros-
ecutinga sitting president.
Hehasalsoabused various laws allowing
himtodeclare national emergencies in
ordertoget his way even when no such
emergenciesexist. Congress has passed sev-eral of these laws, assuming naïvely that in
our system, a president can be relied on not
to invent emergencies to seize otherwise
unconstitutional powers—like executive
control of legislative spending. This, of
course, is not a minor matter; it’s an assault
on the core principle of separation of pow-
ers that makes a republican government
possible. But when the Supreme Court
recently lifted a stay on the funds in a legal
technicality, where was the outcry? The rul-
ing registered as barely a blip.
The whims of one man now determine
much of what happens in what wethink of
as a republic, where power should,in prin-
ciple, be widely disseminated. And you
don’t just see this in what has objectively
happened. You can feel the difference in the
culture. Every morning, Washington wakes
up and needs to ask only one question to
figure out what’s going on, as they did in the
royal courts of old: What is the president’s
mood today? If that isn’t a sign of a fast-
eroding republic, what is?Some argue that although the
president has obviously attempted
to break the law many times and lies
with pathological abandon, he still
hasn’t openly defied a court order, sus-
pended an election, or authorized some-
thing as lawless as torture. He talks and
walks like a dictator, but in practice, his
incompetence and inability to focus or
plan or even read saves us. That, it seems
to me, misses three things. The first is the
president’s rhetoric. What happened to the
Roman republic was a slow slide into pub-
lic illegitimacy, intensified by the way in
which elites played by the rules only when
it suited them and broke precedents and
norms when it came to defending their
own interests, complaining loudly when
others did the same.
This generated a feeling that the system
was rigged, that it made sense tocut cor-
ners, or lie, or take care of yourself before
you followed the letter of the law. But when
the president himself declares the system he
works in is rigged, when he opines that elec-
toral fraud is rampant, when he accuses his
own FBI and intelligence servicesof being
corrupt, he accelerates this process of dele-
gitimization. And that matters immensely.
In politics, words are not separate from
acts; words are acts. Republican norms that
are constantly denigrated by their pur-
ported leaders tend to disappear.And no
single figure has done as much damage to
that legitimacy in American history as
Trump. He does not even feign respect for
democratic norms.
The second case against complacency is
that a key branch of government that can
and should restrain presidential over-principleoftheAmericanexperimentin
self-government,Trumphaseffectivelysus-
pendedit forthepastthreeyearsandnor-
malizedstrongmanpoliticsinAmerica.
Nothingandnooneinhisadministration
mattersexcept him, ashe constantly
remindsus.HisCabinet appearedtorein
himinfora while,untilmostexperienced
adultsleft it ashisdemandsfortotalsub-
servience becamemore insistent.Vast
tracts of the bureaucracy aresimply
ignored,theStateDepartmentallbutshut
down,foreignpolicymadebyimpulse,
whim,nepotism,forfinancialgain,orfrom
strangepersonalrapportwiththugslike
KimJong-unandVladimirPutin,rather
thanbyanykindofcollectivedeliberation
orpolicy process.Pliant nobodies fill
administrativeroleswhererealexpertise
mattersandpushbackagainst thepresi-
dentcouldhavebeeneffectiveinthepast.
Congresshasveryoccasionallyobjected,
butithaseitherbeenvetoed,asinthe
recentat tempttocurtailU.S.support for
SaudiArabia’s wars,or, if it succeededin
passinglegislationwitha veto-proofmajor-
ity,asinRussiansanctions,beenslow-
walkedbytheWhiteHouse.
Writinghonestlyaboutthis—andthe
extraordinaryuppingoftheauthoritarian
antethispresidencyhasentailed—comes
acrossat timeslike a dystopianportraitofa
nightmarefuture,ex ceptit is very muchthe
presentandgreetedeitherwithenthusias-
ticsupportfromthe GOPorgrowing
numbnessandacceptancebythebroader
public.Theold-schoolrelativereticenceof
therepublicanconceptofa presidenthad
alreadybeentransformed,ofcourse,but
Trumprampedupthevolumeto11:a pro-
pagandachannelbroadcastingroundthe
clock, with memes almost instantly
retweetedbythepresident,endlessprovo-
cationstoownthenewscycle,andmass
ralliestosustainhispopulist appeal.If the
definitionofa freesocietyis that youdon’t
havetothinkaboutwhogovernsyouevery
minuteoftheday, thenwenolongerlivein
a freesociety. Thepress?Vilified,liedto,
ignored,mocked,threatened.
WhenTrumphascollidedwiththerule
oflaw, moreover, hehashada remarkable
stringofvictories.Aftera periodinwhich
CONTINUED FROM PAGE 25Our
Caesar