One of the longest part of Vanity Fair’s two-part (one, two) interview with Susie Wiles focuses on Jeffrey Epstein. It goes like this:
¶1: Chris Whipple’s explanation of why it’s important.
¶2: Wiles’ admission she underestimated the import of it.
¶3: A review of Pam Bondi’s binder fiasco, with Wiles commenting on Bondi’s fuck-up.
¶4: A report on how many FBI agents reviewed the files, with Wiles’ claim they weren’t just searching for Trump.
¶5: Wiles’ claim there was nothing bad on Trump in the files, just him and Epstein being “young, single playboys.”
¶6: Wiles debunking Trump’s false claims about Clinton’s ties to Epstein.
¶7: Wiles describing that Kash Patel and Dan Bongino really understood Epstein, except Kash was wrong.
¶8: Wiles’ failure to offer an explanation for Todd Blanche’s interview with Ghislaine Maxwell.
¶9: Wiles’ claim that Trump was pissed Ghislaine got moved.
¶10: Wiles’ claim that the birthday letter to Epstein is not from Trump.
¶11 – ¶12: Wiles’ claim that Trump would sit for a deposition in his WSJ lawsuit if necessary.
¶13: Whipple explaining the threat of the Epstein files again, then quoting Wiles on who cares about it.
¶14: Someone at the White House who might be JD Vance explaining who cares about it.
¶15: A specific mention of Vance, with further explanation of those who care about Epstein.
Elsewhere, Wiles credits herself with a great read of electoral outcomes (even while describing her own prediction that Jack Ciattarelli might beat Mikie Sherill last month): She was certain they would win last year, she didn’t think November would be that bad, they’re going to win midterms.
Her confidence (even if feigned) is why I’m so interested in Wiles’ description of the relative knowledge about Epstein. As noted, she admitted to Whipple that she didn’t understand how important this scandal could be, deferring knowledge on such issues to Kash Patel, Dan Bongino, and JD Vance — two of whom she describes as conspiracy theorists.
Wiles told me she underestimated the potency of the scandal: “Whether he was an American CIA asset, a Mossad asset, whether all these rich, important men went to that nasty island and did unforgivable things to young girls,” she said, “I mean, I kind of knew it, but it’s never anything I paid a bit of attention to.”
[snip]
The people that really appreciated what a big deal this is are Kash [Patel] and [FBI deputy director] Dan Bongino,” she said. “Because they lived in that world. And the vice president, who’s been a conspiracy theorist for a decade…. For years, Kash has been saying, ‘Got to release the files, got to release the files.’ And he’s been saying that with a view of what he thought was in these files that turns out not to be right.” [brackets original]
But then six paragraphs after describing that longtime Trump loyalist Kash Patel was totally into [a false belief] about the Epstein files, first Wiles and then someone who might be JD Vance (who is mentioned in the following paragraph) describe their understanding of who cares about this: “people that are sort of new to our world.”
The Epstein files debacle poses a dire political threat to Trump and the future of the GOP. “The people that are inordinately interested in Epstein are the new members of the Trump coalition, the people that I think about all the time—because I want to make sure that they are not Trump voters, they’re Republican voters,” Wiles said. “It’s the Joe Rogan listeners. It’s the people that are sort of new to our world. It’s not the MAGA base.”
A senior White House official described the mindset of an overlapping bloc of voters who are angered by both Trump’s handling of the Epstein files and the war in Gaza. It’s as much as 5 percent of the vote and includes “union members, the podcast crowd, the young people, the young Black males. They are interested in Epstein. And they are the people that are disturbed that we are as cozy with Israel as we are.”
Susie Wiles, who has been around Trump since he was first elected, claims “the people that are inordinately interested in Epstein” are “not the MAGA base”!!!
And then that anonymous White House official who might be JD Vance (whom Wiles explains is a conspiracy theorist) describes that the “young Black males” are the ones who care about Epstein.
To be fair, it is the case that the MAGAt base voters who do care deeply about this — people like Charlie Kirk, Benny Johnson, and Jack Posobiec — quickly fell in line when Trump demanded they stop talking about Epstein in July.
But like Kash and Bongino themselves, these are the people who made Epstein specifically and conspiracy theories about pedophiles more generally some of the central glue of Trump’s coalition.
As I wrote for TPM’s anniversary series, the superpower of reclaiming attention which Trump has honed with these same far right trolls has always been developed in parallel with the use of conspiracy theories about pedophilia — from Posobiec’s Pizzagate, to QAnon, to Epstein — to keep that attention.
On July 8, something happened to Donald Trump that I’ve not seen happen in the entire decade he has dominated presidential politics. As his base clamored for more disclosures about sex trafficker Jeffrey Epstein, his superpower — his ability to grab and redirect attention — briefly failed him. “Are you still talking about Jeffrey Epstein?” he whined when a journalist asked about the Justice Department’s decision to abort any further disclosure of documents related to the case. “This guy’s been talked about for years.”
[snip]
Two things had disrupted Trump’s superpower. First, after Trump’s top DOJ appointees — Attorney General Pam Bondi, FBI Director Kash Patel, and his deputy Dan Bongino – had fueled, then disappointed, MAGA’s demand for Epstein disclosures, the failure to fulfill their promises fed the conspiracy itself. By thwarting the conspiracists’ demands, Bondi, especially, created rifts and distrust in Trump’s own base.
Conspiracy theories about Epstein were always non-falsifiable; the mob will never be satisfied. But Bondi made that dynamic worse.
More important for understanding what happened in July: the very same online trolls who’ve been critical partners in Trump’s success managing attention were precisely the same people who had spun those conspiracy theories. There is a direct through-line from a relatively small set of social media accounts that helped Trump win the 2016 election to PizzaGate and, after that, QAnon. QAnoners played a key role in Trump’s 2021 insurrection attempt, and its adherents remain a substantial portion of Trump’s base. Since 2016, pro-Trump trolls’ exploitation of social media algorithms to redirect political news coverage — whether from legacy media or newer outlets — has disrupted traditional news cycles.
And while some of what Wiles says about Epstein — her claim Trump was pissed Ghislaine got moved, her feigned certainty that the birthday letter is not from Trump — is clearly bullshit, Wiles and the anonymous person who might be JD nevertheless offered a very specific, and very inaccurate, description of which Trump voters care about Epstein.
Maybe they’re telling this tale because it’s the same thing they told House members in a bid to kill the Massie-Khanna discharge petition. Maybe they’re telling this tale because everyone Wiles thinks knows about Epstein is a conspiracy theorist and the guy who really knows is just a former young playboy.
But even though Trump got Kirk and Benny and Posobiec to give up their sustained demand for Epstein materials, it remains the case that Trump has never fully recovered from the fiasco in July. First Mike Johnson had to flee a week early in July or risk embarrassing votes, then Bondi’s desperate bid — using the White House situation room — to convince Lauren Boebert to defect from the discharge petition backfired, then the Epstein fiasco ultimately led Marjorie Taylor Greene to break with Trump more substantially.
And tomorrow, DOJ will be forced to hand over the Epstein files themselves.
For five months, Epstein has remained at least a low-level burn undermining Trump’s ability to manage the public’s focus and his own policy goals. The Epstein thing was the first thing that led Republicans to defect, and now they’re defecting left and right.
And yet Wiles (and her anonymous friend who might be conspiracy theorist JD Vance) professes to believe the only people who care about Epstein are the young Black voters that Trump just won over last year?
That’s either a fantastic lie. Or a confession that explains far more about why Trump has bolloxed Epstein so badly.
Update: On Xitter, Liz Wheeler (no known relation), one of the recipients of Bondi’s binder, focuses on the same passages I did — blaming Wiles for misinforming Trump about how important this is to MAGAts. But she doesn’t note what I do: that Wiles, at least, is still unclear how important it is.
It now makes total sense as to why President Trump has—at times—dismissed the Epstein scandal and even called it a “hoax.” Over the summer, Trump said he did not understand why many of his supporters were so fixated on Epstein.
Well, now why know why he said that—it would seem Susie Wiles was the one misinforming Trump about the MAGA base’s concerns.
We care about the Epstein files because we want transparency, we want the elites held accountable, and we want JUSTICE for the Epstein victims.
https://www.emptywheel.net/wp-content/uploads/2025/12/Screenshot-2025-12-16-at-3.50.16-PM.png710798emptywheelhttps://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.pngemptywheel2025-12-16 11:27:082025-12-19 14:46:42The Epistemology of the Epstein Scandal
He was wildly uncooperative with the investigation, refusing to be interviewed, refusing to let DOD inspect his phone, refusing to turn over other threads.
But Whiskey Pete may not look quite as stupid as JD Vance.
You see, Whiskey Pete turned over the Signal chat that was left on his phone after all the autodeleting these scofflaws had been doing. Most of the thread was gone. But there was a single text that post-dated Jeffrey Goldberg’s departure from the list, something the Deputy General Counsel used to suggest the Atlantic thread might not be reliable (a claim DOD IG refused to put in the body of the report because, some people still refuse bullshit).
After Jeff Goldberg left the group, JD Vance said, “This chat’s kind of dead. Anything going on?”
One after another participant on the thread changed their ID, perhaps in hopes … I don’t know what they fuck they were thinking.
I’m going to let this collection of snapshots speak for themselves. Links to these stories will be furnished at the bottom of the post; some publication times are overseas and may not be the first publication time but an unspecified update time.
I know, I know — I screwed up and should have parked the two August 6 10:48 AM ET stories side by side. You get the drift; those two and the story between them are listed in Google News as published 19 hours ago from approximately 9:00 AM ET when I started pulling these together.
How conveniently the story about Vance’s canoe trip popped up just about the time the Epstein conspiracy meeting was making too much trouble for Trump and his conspirators, just about the time Team Trump was desperate enough to think about compromising one of their Epstein skeptics to change the direction of media and public attention.
UPDATE — 10:40 AM —
I want to point out KATV changed the headline as well as the lede of their story. The image above shows the original headline which is still evident in the story’s URL. The update changes the impetus of the story completely.
What I can’t tell is how long it takes for Google News to swap the original headline for the “updated” version of a story. Clearly it didn’t happen between 5:42 PM ET when the story was “updated” by The National News Desk and refreshed at KATV, and roughly 9:00 AM ET this morning when I took a screen capture from Google News.
What’s interesting is the “updated” story angle — Vance’s denial about the Epstein files meeting — emerged almost in tandem with the Ohio River story.
This may not be the only “updated” story out there.
___________________
Top Trump officials will discuss Epstein strategy at Wednesday dinner hosted by Vance
Updated Aug 6, 2025, 3:46 PM ET
PUBLISHED Aug 5, 2025, 10:04 AM ET
By Alayna Treene, Josh Campbell, Paula Reid, Kristen Holmes, Kaitlan Collins
https://www.cnn.com/2025/08/05/politics/trump-blanche-epstein-maxwell-vance-bondi-patel-meeting
Trump Officials to Discuss Handling of Jeffrey Epstein Case: Report
Published Aug 05, 2025 at 11:07 PM EDT
By Anna Commander
https://www.newsweek.com/trump-officials-discuss-handling-jeffrey-epstein-case-report-2109432
Top Trump administration officials will meet to strategize on Epstein, Maxwell, CNN says [1]
Wed, August 6th 2025 at 10:26 AM Updated Wed, August 6th 2025 at 5:42 PM
By RAY LEWIS | The National News Desk
https://katv.com/news/nation-world/top-trump-administration-officials-will-meet-to-strategize-on-epstein-maxwell-cnn-says
Vance, Bondi, Patel to huddle at VP residence for meeting amid Epstein fallout [2]
By Breanne Deppisch, David Spunt, Jake Gibson
Published August 6, 2025 10:48am EDT | Updated August 6, 2025 2:07pm EDT
https://www.foxnews.com/politics/vance-bondi-patel-huddle-vp-residence-epstein-strategy-meeting
Vance expected to host Epstein strategy dinner with Bondi, Blanche, Patel
August 6, 2025, 3:32 PM
By Katherine Faulders
https://abcnews.go.com/Politics/vance-expected-host-epstein-strategy-dinner-bondi-blanche/story?id=124407326
Vance To Hold Epstein Strategy Meeting With Top FBI, DOJ Officials
August 06, 2025 10:48 AM ET
By Reagan Reese
https://dailycaller.com/2025/08/06/jd-vance-fbi-doj-strategy-meeting-epstein-fallout-ghislaine-maxwell/
JD Vance’s Epstein strategy dinner with Kash Patel today: ‘Missing from this group is….’
TOI World Desk / TIMESOFINDIA.COM / Updated: Aug 06, 2025, 22:24 IST
https://timesofindia.indiatimes.com/world/us/jd-vances-epstein-strategy-dinner-with-kash-patel-today-missing-from-this-group-is-/articleshow/123145846.cms
JD Vance to host Epstein strategy dinner with top Trump officials, including AG Bondi, FBI boss Kash Patel
Published Aug. 6, 2025, 12:47 p.m. ET
By Breanne Deppisch, David Spunt, Jake Gibson
https://nypost.com/2025/08/06/us-news/vance-to-host-epstein-strategy-dinner-with-bondi-patel-blanche/
JD Vance to meet with top Trump officials to plot Epstein strategy – report
Wed 6 Aug 2025 13.20 EDT
By Anna Betts-New York
https://www.theguardian.com/us-news/2025/aug/06/jeffrey-epstein-jd-vance-trump-meeting
JD Vance denies convening Trump’s top team to discuss Epstein
Wednesday August 06 2025, 7.25 pm BST, The Times
By Lara Spirit-Washington DC
https://www.thetimes.com/us/american-politics/article/epstein-strategy-dinner-jd-vance-maxwell-xrmvz7qjt
JD Vance’s team had water level of Ohio river raised for family’s boating trip
Wed 6 Aug 2025 17.46 EDT
By Stephanie Kirchgaessner and David Smith
https://www.theguardian.com/us-news/2025/aug/06/jd-vance-ohio-lake-water-levels
Trump Makes JD Vance Awkwardly Deny Secret Epstein Crisis Talks
Updated Aug. 6 2025 8:31PM EDT
Published Aug. 6 2025 8:02PM EDT
By Farrah Tomazin
https://www.thedailybeast.com/trump-makes-jd-vance-awkwardly-deny-secret-epstein-crisis-talks/
Planned dinner for Trump officials to discuss Epstein appears to have been moved amid media scrutiny
Updated Aug 6, 2025, 9:38 PM ET
PUBLISHED Aug 6, 2025, 3:55 PM ET
By By Kristen Holmes, Alayna Treene
https://www.cnn.com/2025/08/06/politics/jd-vance-dinner-epstein-scandal
Trump team looking to Joe Rogan for help amid lingering Epstein-Ghislaine Maxwell fallout, report says
Thursday 07 August 2025 14:41 BST
By Oliver O’Connell
https://www.independent.co.uk/news/world/americas/us-politics/trump-epstein-joe-rogan-vance-maxwell-dinner-news-live-b2803187.html
[1] See update at bottom of post above
[2] Headline from embedded video appears in Google News; article headline is different
___________________
*** NEED FROM YOU *** Any story about the Epstein files should be archived because they are subject to change. At least two of the stories above may have been manipulated so that the original headline doesn’t now appear in Google News.
To archive in the Wayback Machine at the Internet Archive:
• Copy the URL of the news story.
• Go to https://web.archive.org/
• Paste the URL into the Save Page Now field at the lower right of the site and click on Save Page button
• When next page opens, click on Save Page, check the box to include error messages (this will tell readers when the page may have gone bad/been pulled)
Don’t let them try to sweep coverage under the digital rug!
###
https://www.emptywheel.net/wp-content/uploads/2025/08/TickTock_Vance-Bondi-Epstein_07AUG2025_2_1500pxwX1000pxh.jpg10011500Raynehttps://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.pngRayne2025-08-07 10:24:502025-08-07 13:54:28Tick-Tock: Redirecting Attention from Epstein Coverup Conspiracy
Amid all the warmongering last week, there was an interesting head fake in the Senate.
On Tuesday, JD Vance went to a Senate lunch (rather than the Situation Room meeting on Iran) at which he told them the deadline for passing was the August recess — starting August 4.
On Wednesday, Susie Wiles went for a very short visit to the Senate to order them to get the whole thing done by July 4.
White House chief of staff Susie Wiles is encouraging Congress to get the “big, beautiful bill” to President Donald Trump’s desk by July 4.
Wiles told GOP senators at a closed-door lunch that the Independence Day deadline still holds as far as Trump is concerned, according to a person granted anonymity to describe the private meeting.
I started to write a long post (piggybacking on this one) about how the various timelines — the legal responses to Trump’s abuses and the economic impact of his disastrous policy choices — might make it harder to codify key parts of his abuses in law with the Big Ugly reconciliation bill. I was going to lay out how recent developments (this was so long ago I surmised that Trump’s Iran warmongering might cause him some political headaches and now … here we are, Trump talking regime change in the wake of an inconclusive illegal strike) might exacerbate the way his legislative agenda might be Overtaken By Events.
That post got Overtaken By Events.
The punch line of my original post was going to be an argument that Wiles was pushing the Senate to hurry up not because impending financial doom might make passing the Big Ugly harder, nor because the debt ceiling is approaching.
President Trump’s immigration crackdown is burning through cash so quickly that the agency charged with arresting, detaining and removing unauthorized immigrants could run out of money next month.
Why it matters: Immigration and Customs Enforcement (ICE) is already $1 billionover budget by one estimate, with more than three months left in the fiscal year. That’s alarmed lawmakers in both parties — and raised the possibility of Trump clawing funds from agencies to feed ICE.
Lawmakers say ICE’s parent agency, the Department of Homeland Security (DHS), is at risk of violating U.S. law if it continues to spend at its current pace.
That’s added urgency to calls for Congress to pass Trump’s “Big Beautiful Bill,” which could direct an extra $75 billion or so to ICE over the next five years.
It’s also led some lawmakers to accuse DHS and ICE of wasting money. “Trump’s DHS is spending like drunken sailors,” said Sen. Chris Murphy (D-Conn.), the top Democrat on the DHS appropriations subcommittee.
Zoom in: ICE’s funding crisis is being fueled by Trump’s team demanding that agents arrest 3,000 immigrants a day — an unprecedented pace ICE is still trying to reach.
This creates the possibility for a slew of legal challenges to Stephen Miller’s dragnet, both from those targeted in it challenging the legality of spending money to target them in the first place, but also from opponents who can start suing Trump for breaking the law by spending money that was not appropriated.
The dragnet is at somewhat-imminent risk of becoming an illegal use of funds.
And that comes as a few Republicans — most loudly, Rand Paul, who was bypassed as Chair for the Senate language on homeland security funding — start raising questions about why we need to blow so much money if Miller has already shut down the border.
Sen. Rand Paul is a frequent thorn in GOP leadership’s side. But his recent break over border security funding in President Donald Trump’s “big beautiful bill” has top Republicans pushing the bounds of institutional norms to rein him in.
Senior Republicans have sidelined the Kentucky Republican, who chairs the Senate Homeland Security and Governmental Affairs Committee, in their talks with the White House over policies under the panel’s purview.
Budget Chair Lindsey Graham (R-S.C.) told POLITICO he has taken over as the lead negotiator around how to shepherd through tens of billions of dollars for border wall construction and related infrastructure in the GOP megabill. Meanwhile, a Senate Republican aide said Sen. James Lankford (R-Okla.) — who heads the relevant Homeland Security subcommittee — will be the point person for negotiating the bill’s government affairs provisions.
With every other committee chair helping manage negotiations for their panels’ portions of the massive tax and spending package, cutting Paul out is unprecedented. But Paul proposed funding border security at a fraction of what the administration requested and the House passed in its bill.
I’ve long been tracking conflict among Republicans over the financial parts of the Big Ugly. But even as Trump’s polling turns south on Miller’s gulag, the huge funding package for it is creating some headaches for the must-pass reconciliation bill.
He argues that Republicans have to get the bill done by July 4 — Susie Wiles’ deadline, not JD’s. And his argument focuses primarily on the immigration funding (but also Golden Dome, which Mark Kelly recently exposed as an impossible boondoggle).
In large part, this bill is the culmination of President Trump’s campaign promises and the promises that Republican senators have made to our voters. Chief among them is keeping the American people safe through strong border security and a military strong enough to deter threats and conflicts around the world before they begin.
President Trump has achieved remarkable success in ending the Biden border crisis and removing the criminal illegal aliens that President Biden let walk into our country – but it hasn’t been cheap, and the administration has told us that resources are running out. This bill will fully fund the border wall and President Trump’s successful policies for the entirety of his presidency, removing any possibility that Democrats will hold those resources hostage to try to increase other government spending.
This same principle also applies to defense funding. Recent conflicts around the world should make clear the need to have a modern and lethal fighting force that can keep the American people safe. This means smart, generational investments like President Trump’s Golden Dome for America to defend against advanced drones, missiles, and hypersonics, as well as prioritizing building new ships and unmanned vehicles.
A nation cannot prosper unless it is secure, and with our borders and defense capabilities bolstered, the next key pillar of this bill is creating prosperity in America.
[snip]
Senators have worked to develop this bill for well over a year now. Now it is time to act. Border resources are drying up. National security needs have never been more apparent. And with each passing day, we move closer to reaching both our nation’s debt limit and the largest-ever tax increase on the American people.
Senators return to Washington today and we will remain here until this bill is passed. We know that Democrats will fearmonger and misrepresent our efforts, and we expect them to drag this debate long into the night with unrelated issues. However, I am confident we will get this bill across the finish line. [my emphasis]
It may not be just the burn rate of Noem’s spending spree.
That is, Noem is blowing through cash and the result of it is horrible images of American citizens being assaulted by masked goons. Noem is blowing through cash and businessmen in all sorts of industries are discovering that their businesses will suffer. Noem is blowing through cash and everyone is talking about how terrible the consequences of Miller’s demand for 3,000 bodies a day is.
Noem is blowing through cash and the issue of immigration is becoming a liability, not Trump’s biggest advantage.
And so Thune will attempt to do Susie Wiles’ bidding to get the dragnet funded before it’s too late.
https://www.emptywheel.net/wp-content/uploads/2025/06/Screenshot-2025-06-20-at-11.25.59.png910948emptywheelhttps://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.pngemptywheel2025-06-23 10:22:472025-06-23 10:22:47John Thune’s Flopsweat about Funding Stephen Miller’s Gulag
Tulsi Gabbard’s testimony at the threat hearings was clear: After falsely claiming that fentanyl was the top threat to the United States, she said the second threat was China. That’s important background to the most interesting comment I’ve seen about the chat.
The Trumpsters on the chat were obsessed with making Europe pay for the operation. But — as Nathalie Tocci noted in this NYT story focused on the Trumpsters’ obsession — the entire conversation ignored the import to China of transit through the Suez Canal.
“It is clear that the trans-Atlantic relationship, as was, is over, and there is, at best, an indifferent disdain,” said Nathalie Tocci, director of Italy’s Institute of International Affairs, who formerly advised a top E.U. official. “And at worst, and closer to that, there is an active attempt to undermine Europe.”
[snip]
He and others, like Anna Sauerbrey, the foreign editor of Die Zeit, noted that the explicit demand for payment, rather than just political and military support, as in Iraq and Afghanistan, was new. And it ignored the fact that “the U.S. depends on global trade,” she said, and that “France, Britain and the Netherlands have deployed ships to the region” for the same purpose. The Americans, she said, “are constantly overlooking European efforts.”
China, for example, gets most of its oil imports through the Bab el-Mandeb Strait and does much of its export trade with Europe through the same sea route. But no one is asking China to pay, Ms. Tocci noted.
Indeed, it was at the center of debates over whether the strikes should go forward, which decision Tulsi Gabbard claimed had been made long before the chat started, and which debate, in yesterday’s cover story, was hailed as a policy process working.
Eleven minutes after Mike Waltz kicks off the thread with instructions that Joint Staff is sending “a more specific sequence of events in the coming days,” JD Vance piped in to say he thought the strikes were a mistake.
He focused on the fact that (he claimed) just 3% of US trade goes through Bab el-Mandeb, whereas 40% of Europe’s does.
Both Joe Kent (Tulsi’s unconfirmed aide) and John Ratcliffe respond that they could wait; indeed, in an arguably classified text, Ratcliffe says that more time would “be used to identify better starting points for coverage on Houthi leadership.” Kent also offers to provide unclassified details on shipping, perhaps to correct JD’s claim.
Remember, the person most likely to have been the “JG” whom Waltz tried to add to the chat instead of Jeff Goldberg is Jamieson Greer, Trump’s trade representative, who likely would have had the precise details (and also might be sufficiently grown up to point out how stupid this Signal chat was).
Then Pete Hegseth pipes up to second JD’s specific concerns about messaging, including his worry that (ha!) the plans will leak and “we look indecisive.”
Waltz responds to JD’s original point, correcting him about how much US traffic transits Bab el-Mandeb, accounting for the fact that the stuff transiting the canal ends up in trade with the US.
That’s the first 27 minutes of the substantive discussion. Somewhere between 8:32 and 8:42AM, Waltz adds “SM,” believed to be Stephen Miller.
After adding Miller (but without mentioning he added him), Waltz returns to the issue of sea lanes, asserting that unless the US reopens them, they won’t get reopened.
JD suggests that if Hegseth is okay with the strikes, “let’s go.” He suggests Houthi targeting of Saudi oil facilities are one downside risk, not Saudi involvement, which is why the US has often chosen to lead on Houthi strikes.
Then Hegseth agrees that the Europeans are “free-loading It’s PATHETIC,” and says “we are the only ones on the planet (on our side of the ledger) who can” reopen the shipping lanes — which may suggest he believes China could do it too.
As Tocci pointed out to NYT, there’s no discussion of asking China to pay for these strikes. No discussion of how doing so for China helps China build its influence in Europe. No discussion at all in how this might affect China.
These boys purportedly intent on confronting China simply don’t consider the policy decision’s affect on China. JD and Whiskey Pete, at least, are interested primarily in hurting Europe.
Another 46 minutes elapse before SM — added after JD was wailing about the Europeans — comments. He offers an interpretation of what Trump said: a green light on the operation, he opines, but the US would harass Egypt and Europe after the fact to extort a payback.
Eleven minutes later, Hegseth — the guy to whom JD appealed on this issue — agreed with SM’s interpretation of the President’s intent.
That settled it. As I noted, SM’s — presumed to be Stephen Miller, Trump’s top domestic policy advisor — interpretation of the President’s intent is the sole backup in this now public document that the President authorized the strike at all: “As I heard it, the president was clear: green light.”
And the next thing we know, after Waltz resets how long until this PRA/FRA-covered communications will be destroyed illegally — DOD is flattening the apartment of someone’s girlfriend.
Fist-flag-fire!
By March 17, locals in Sanaa were claiming 53 people had been killed in this and ensuing strikes, including five children.
Even ignoring the foreknowledge of a civilian target, that makes the whole thing legally precarious, because everyone on the list is relying on SM’s interpretation of presidential intent. With the foreknowledge, it puts everyone involved in the strike at much greater legal risk because the legality of it, seemingly a target with significant civilian exposure, is so fragile.
But the other thing it does is show SM — again, believed to be Trump’s top domestic policy advisor — serving as the surrogate for Trump, and doing so in a way designed to shut JD up.
Like wormtongue, his mere gloss of the leader’s intent is treated with uncontested authority.
https://www.emptywheel.net/wp-content/uploads/2025/03/Screenshot-2025-03-26-at-5.59.45 PM.png676884emptywheelhttps://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.pngemptywheel2025-03-26 14:09:362025-03-26 14:21:17Stephen Miller’s Presumed Babysitting of JD Vance’s European Animosity … and DOD’s Potential War Crimes
This was an odd podcast, because Nicole and I went back and opened live to talk about Trump’s ambush of Zelenskyy.
I’ll say more in coming days. One thing I think is super important is that the SEC is moving to settle with Justin Sun, the Chinese-linked businessman who dumped $30 million into Trump’s crypto scam during the election. Once you do that, you’ve made bribery legal (which Pam Bondi and Chad Mizelle have been rushing to do in any case). Once Russia has the luxury of bribing Trump, Ukraine was never going to win this “negotiation.” The rest is just show, with America’s sovereignty and world peace to pay for it all.
Trump announces the end of the transatlantic alliance
First it was Emmanuel Macron, putting his hand on Trump’s knee as he publicly corrected Trump in the Oval Office, in the presence of cameras, on the fact that Europe’s contributions to support Ukraine were (a) grants, not loans, and (b) larger than the contributions made by the US. Trump, in turn, tried to toss out his well-worn talking points, but the damage was done. Trump was called out by a foreign leader as a liar, in his very own office and seat of power.
Then it was Keir Starmer, waving a fancy invitation from King Charles to a state dinner, who did exactly the same thing. He publicly corrected Trump in the Oval Office, in the presence of cameras, on Europe’s support for Ukraine. Again, Trump hemmed and hawwed, and embraced the (Starmer: “unprecedented!”) invitation to a second state visit, but the damage was done. Trump was called out by a second foreign leader as a liar, in his very own office and seat of power.
You had to know this would not sit well.
As network after network played the clip of Macron’s hand on Trump’s knee, after all the networks showed Trump fawning over the Bright Shiny Thing that Starmer dangled in front of him, as Starmer very politely called Trump a liar, everyone knew that this would not end well.
And today, it was Volodymyr Zelenskyy’s turn . . . and as anyone with half a brain could anticipate, it *did* not end well.
Personally, I was amused by J.D. Vance’s holier-than-thou whining about Zelenskyy making a benign appearance in Pennsylvania saying “thank you” to the US for their support and calling it Election Interference. I don’t remember Vance taking up umbrage when the head of DOGE Elon Musk appeared and spoke at the national political rally of the neo-Nazi Alternative for Germany (AfD) party just days ahead of the recent German election, and who repeatedly praised the AfD via Xitter. After the AfD came in second, with a sizable caucus in the new Bundestag, Musk called the head of the AfD to offer congratulations and called her party the future of Germany, and Vance’s reaction was *crickets*.
Well, to be scrupulously fair, that’s not true. He *did* say something, but rather than condemning such interference, Vance joined it. At the Munich Security Conference, Vance praised the AfD (not by name but by lauding their political positions on immigration and other policies) and attacked mainstream German political parties for refusing to work with the AfD.
Americans might not have been listening to all of this, but the Europeans were – especially the Germans – and they knew exactly who Vance was praising. After the German elections, the victorious chancellor-elect made a stunning statement. From Deutsche Welle:
After his party’s victory in the election was confirmed Sunday night, [CDU party leader Friedrich] Merz said that he wanted to work on creating unity in Europe as quickly as possible, “so that, step by step, we can achieve independence from the US.”
Until recently, this would have been a highly unusual thing for any leader of the CDU to say. After all, it has always had a strong affinity for the US.
“Merz aligns himself with the legacy of historical CDU leaders such as [former chancellors] Konrad Adenauer and Helmut Kohl, both of whom played pivotal roles in strengthening transatlantic relations,” said Evelyn Gaiser, a policy advisor on transatlantic relationships and NATO with the Konrad Adenauer Foundation, a German think tank that is associated with but independent of the Christian Democrats.
[snip]
Merz spoke out after JD Vance’s speech at the Munich Security Conference (MSC) in February, in which the US vice president said that the biggest threat to Europe did not come from Russia or China, but “from within.”
“This is really now the change of an era,” Merz said on stage at the MSC. “If we don’t hear the wake-up call now, it might be too late for the entire European Union.”
Add this into the context of withdrawing from the World Health Organization and eliminating all the work done by USAID, and the message is crystal clear. While yes, this meeting today in the Oval Office was about Ukraine, it was really a sign of something much much larger.
In April 2021, when Joe Biden addressed a joint session of Congress in a non-State of the Union address, he said this:
I’ve often said that our greatest strength is the power of our example – not just the example of our power. And in my conversations with world leaders – many I’ve known for a long time – the comment I hear most often is: we see that America is back – but for how long?
We now know the answer: four years and five weeks.
RIP the Transatlantic Alliance (1945-2025).
https://www.emptywheel.net/wp-content/uploads/2025/02/Trump-Vance-and-Zelenskyy.webp7201280Peterrhttps://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.pngPeterr2025-02-28 17:54:442025-02-28 17:54:44Four Years and Five Weeks
There are two stories that attracted a lot of attention last week that offer the same lesson.
The first story is the report that after firing a bunch of people in charge of securing nuclear weapons, Trump’s minions have tried to rehire them, which was first reported by CNN.
Trump administration officials fired more than 300 staffers Thursday night at the National Nuclear Security Administration — the agency tasked with managing the nation’s nuclear stockpile — as part of broader Energy Department layoffs, according to four people with knowledge of the matter.
Sources told CNN the officials did not seem to know this agency oversees America’s nuclear weapons.
An Energy Department spokesperson disputed the number of personnel affected, telling CNN that “less than 50 people” were “dismissed” from NNSA, and that the dismissed staffers “held primarily administrative and clerical roles.”
The agency began rescinding the terminations Friday morning.
The other is that the USAID is trying to prevent anyone still at the now-shuttered agency from telling the press that the life-saving grants for which Marco Rubio issued waivers have not actually been reauthorized to operate, which Greg Sargent focused on after John Hudson disclosed a memo making the order.
A new internal memo circulating inside the U.S. Agency for International Development neatly captures this split. The Washington Postreports that the memo warns USAID employees not to communicate with the press about the shocking disruptions in humanitarian assistance that are being caused by the Trump-Musk attack on the agency, which are already producing horrific consequences. The memo said this transgression might be met with “dismissal.”
The memo claims to be correcting a “false narrative in the press” about the disruptions to that assistance. It notes that Secretary of State Marco Rubio last month issued a waiver to “lifesaving humanitarian assistance,” allowing it to continue despite the Trump-Musk freeze in agency spending. This has meant that this assistance has “continued uninterrupted and has never paused,” the memo claims, while warning recipients against any “unauthorized external engagement with the press.”
Now, at one level, this chaos is happening because many of the people enacting these cuts are DOGE boys with no idea what they’re looking at. Don Moynihan (who is an indispensable source on the policy issues of all this) uses the nukes case as one example to make the same point: because ignorant people were making the firing decisions, they eliminated a slew of critical positions.
Musk’s management style when it comes to downsizing has been to cut to the bone, and then hire back if he fired too many. This philosophy might make sense if you are running a social media company where its not a big deal if Twitter goes down for a couple of hours. It makes less sense where the a) failure of government systems has big and sometimes irrevocable costs, and b) it is not easy to replace expertise once you have eliminated it. On the latter point, many public jobs take time to develop knowledge of the policy domain, organizational practice and tasks. Those are not qualities that are easy to rebuild if you just spent a year training a new employee who has now been fired.
[snip]
Let me note that I feel like this lesson should not be necessary. We should not need to spell this one out. One measure of the collapse of the Soviet Union was that they could no longer afford to keep staff to secure nuclear warheads. Why would the US voluntarily downgrade it’s own capacity to manage its nuclear arsenal? And yet, DOGE fired 1 in 5 federal staff that manage the nation’s nuclear stockpile.
Have you heard about the National Nuclear Security Administration before? Probably not. It’s one of those jobs that we hopefully never need to think about, because if we do that means something has gone badly wrong. But it’s also one of those jobs that someone needs to ensure is staffed appropriately to make sure something does not go badly wrong. As a citizen, its fine if you are not aware of NNSA, but bear in mind that when the right attacks wasteful bureaucracy, these sort of invisible agencies performing important tasks are some of what they are talking about.
Apparently DOGE does not know much about the NNSA either. To be fair, when you have zero experience of government, why should you? But if you have zero experience of government, you should also probably not be in the position of firing 300 of the guys who take care of the nukes. CNN reported that the fired staffers included “staff who are on the ground at facilities where nuclear weapons are built. These staff oversee the contractors who build nuclear weapons, and they inspect these weapons.”
After enough members of Congress got upset, the firings were rescinded. Just one problem. DOGE made the firings effective the day they were received (no notice, not severance), immediately shutting down access to government emails. And they did not have contact information to tell NNSA employees they were unfired.
[snip]
Under Biden, the IRS had received long-awaited and much needed funds that allowed it to rebuild after a period of sustained downsizing, and was becoming more effective.
The IRS represented a very simple test for the credibility of DOGE. Was it really interested in efficiency and state capacity? If so, you support the tax enforcement, the biggest return on investment in government, generating somewhere between $5-9 for every additional $1 spent on enforcement.
Or did DOGE want to minimize parts of the state that bothered billionaires?
We have our answer. In the middle of tax season, the IRS was told to lay off thousands of workers hired as part of the rebuilding project.
Part of the DOGE hype is that after they fire everyone, they will figure out better ways to do the job using, uh, AI and such. But there is no second act where it gets better. They don’t have a plan to fix what they are breaking because they don’t understand or care about the damage they are doing. Breaking government is the point. It is not as if DOGE has some magical IRS plan up their sleeve. There is no plan.
The story is not just that these DOGE boys have no idea what they’re looking at, being so incompetent that the word “nuclear” doesn’t even spark their interest.
It’s that after ideologues fire competent bureaucrats, they’re often left without a way to turn the bureaucracy back on again when they realize they actually needed it.
Take the first example, the people ensuring the security of America’s nuclear arsenal. As NBC followed up, after Congressional lobbying and a press campaign convinced someone to reverse the NNSA firings, the DOGE boys had no easy way to contact those who had been fired to order them to return to work.
National Nuclear Security Administration officials on Friday attempted to notify some employees who had been let go the day before that they are now due to be reinstated — but they struggled to find them because they didn’t have their new contact information.
In an email sent to employees at NNSA and obtained by NBC News, officials wrote, “The termination letters for some NNSA probationary employees are being rescinded, but we do not have a good way to get in touch with those personnel.”
AP has a follow-up noting — among other things — that the key jobs were in Texas, Eastern Washington, South Carolina, and Tennessee. These are not just crucial jobs for national security, but many of them represent job losses in Republican areas.
Something similar has happened at USAID.
It shouldn’t have, because there, one key player shutting down the agency, Pete Marocco, actually worked at USAID in the first Trump term. The declaration he has submitted in multiple suits admitted he shut down already-committed funds on his own authority, without Marco Rubio’s involvement. He described that after he started firing administrators, administrators were unable to answer his questions, which he deemed insubordinate rather than just a natural consequence of firing the people who might be able to answer his questions. Nevertheless, his inability to get answers is what he used to justifying shutting everything down.
As a former USAID staffer, Marocco should have the competence to know better — but ProPublica describes why his own past insubordination may be a better explanation for his war against the agency.
The flood of USAID lawsuits has produced an associated flood of sworn declarations that describe, from the perspective of people involved, what is really happening.
For example, as part of a suit by the American Foreign Services Association, a program officer described that, even though she supervises 30 emergency food assistance programs, she had not (as of February 7) been able to get a waiver for any of them, resulting in food rotting in warehouses.
For example, while it was announced that most USAID funding would be frozen, a waiver is supposed to be available for life-saving humanitarian assistance, which would apply to the more than 30 emergency food assistance programs I support. Without my knowledge, the partners I manage, nearly all of which work on lifesaving, emergency food assistance, were sent email notices from their Agreement Officers directing them to fully or partially stop their work. As an Agreement Officer Representative for these awards, I am required to be copied on any communications, which never happened. While I tried to obtain a waiver for the programs I manage, there was no guidance on the process by which our patterns could obtain a waiver and none of the programs were ever formally approved to keep running. I am skeptical that the waiver actually exists. At this point, if a waiver does in fact exist, the implementation has been so chaotic with so many employees either furloughed or on administrative leave that as a practical matter it isn’t available to those who need it. While the programs I manage are under a stop work order, food commodities sit in warehouses rotting and scheduled food distributions to vulnerable populations do not happen and children miss follow-up appointments for treatment of severe malnutrition.
A contracting officer’s declaration in the same suit described the conflicting management orders, the lack of access to experts, and the technical access limits that made it impossible to implement the waiver program.
As a Contracting Officer, some of the awards on this list were perplexing and the sudden push to do this while nearly all of our counterparts with technical knowledge about where awards were in the waiver process and what the programmatic purpose of each award were locked out of the network and suspected to be on administrative leave.
There was an approved tab with one single PEPFAR award despite the fact that the Agency has many different PEPFAR awards and we were told a waiver had been granted for PEPFAR and Emergency Food Assistance. There were no Emergency Food Assistance awards on the approved tab. Concerns were raised by Contracting Officers and Regional Legal Officers alike who replied all to Matthew’s email with concerns. We asked for clarification on the reason for the contract terminations and for confirmation that OAA had consulted with OMB and made a determination consistent with the Executive Order on realigning foreign aid. If these awards had not received such a determination, the termination would be in violation of the executive order. We received no reply to those questions. A contracting officer replied all to the email asking if Congressional notification had been made on these terminations and noted that Congressional notification is required when a termination will involve reduction in employment of 100 or more contractor employees which these actions would likely result. It was also asked if USAID had taken steps to adhere to our Congressionally authorized and funded responsibilities on these terminations.
These emails received no reply from OAA leadership and our working level supervisors urged us to proceed with the terminations and meet the deadlines.
Subsequently at approximately 6PM that same day, Nadeem Shah, Deputy Director of Washington Operations for OAA, sent around an email entitled “PLEASE PAUSE ALL AWARD TERMINATIONS” asking staff to hold off on all award terminations in Matthew’s previous email.
[snip]
When my technical bureau’s access was supposedly restored yesterday, we quickly discovered that they do not have access to our Agency File system called ‘ASIST’ nor do they have access to our financial system in direct violation of the TRO issued the night of February 7, 2025. This makes it incredibly hard for them to provide programmatic information to help with the program review process. To date, the technical bureaus have not had any opportunity to provide any inputs or relevant information for the programmatic review. I am extremely concerned that Agency and State Dept leadership do not have the relevant information needed to thoroughly evaluate programming
Importantly, this seems to suggest that PEPFAR — one of the programs that Republicans have vociferously championed — was only partly restored because someone didn’t understand the multiple programs it involves.
Another staffer in the same AFSA lawsuit, a controller, described how bureaucratic and technical problems have prevented people from disbursing funds even for the programs that have gotten waivers.
9. On February 3, the situation changed yet again. As of that date, every time I tried to hit the “certify” button to begin a disbursement, I received an error message stating that I did not have authority to proceed. I contacted Phoenix Security to inquire if there was a technical problem in the system and was told “on Friday January 31, we were instructed to remove the ability to certify payments.” They did not indicate who instructed them, only stating “Unfortunately I am unable to reverse this decision.”
10. On February 5, all USAID controllers received another diplomatic cable indicating that USAID personnel could no longer process payments themselves but must request approval from a Senior Bureau Officer before forwarding the payment packages for processing. However, as of February 11, nobody can agree on who is the appropriate SBO for USAID payments and the State Department hasn’t processed a single payment based on the new procedure.
11. As of February 9, when I try to log into Phoenix, I receive a new error message stating that my sign-in attempt has failed. I have even less access to Phoenix after the February 7 court order than I did before that date.
12. I have been in touch with many colleagues and all report the same experience. To my knowledge, worldwide there are no USAID financial management personnel, including controllers, that can access Phoenix.
13. I have not been able to process payments under any of the waivers included in the January 24 cable, including legitimate expenses incurred prior to January 24 under existing awards or those for employee operating expenses. Though the waivers exist on paper, in reality all USAID funds have remained frozen because of technological barriers added to the system, I don’t know by whom. Phoenix will not let us disburse anything.
In a different USAID-related lawsuit by contract recipients, the head of a faith-based non-profit, Mark Hetfield, described how attempts to get waivers looked in practice.
11. On February 3, 2025, HIAS also received a revised “Notice of Suspension” for its work in Chad from PRM via email stating that HIAS should stop all work under the grant unless exempted from suspension as “existing life-saving humanitarian assistance” defined by the Department as “core life-saving medicine, medical services, food, shelter, and subsistence assistance, as well as supplies and reasonable administrative costs as necessary to deliver such assistance.” See February 3, 2025, Letter from Philip Denino, PRM Grants Officer, annexed to this declaration as Exhibit F. In his cover email, Mr. Denino stated that “PRM will follow up shortly to set up a meeting to discuss the specific HIAS programming in Chad that falls under the exemption for life-saving humanitarian assistance.” See February 3, 2025, Email from Philip Denino, annexed to this declaration as Exhibit G. That meeting with PRM took place the next day, February 4, during which HIAS and PRM staff discussed what activities would qualify as “lifesaving humanitarian assistance.” PRM asked HIAS to provide an overview of HIAS’ activities conducted in Chad pursuant to the award that HIAS deemed exempt from the 90-day suspension. HIAS prepared and sent the requested overview. See February 7, 2025, Email from Guillermo Birmingham to Philip Denino, annexed to this declaration as Exhibit H. However, after the meeting, Mr. Denino sent a follow up email indicating they he had been “given guidance that PRM will not be providing any additional information regarding the application of the waivers/exemptions to activities” and that he could only refer us to the revised Suspension Memo to guide us in resuming activities. See February 4, 2025, Email from Philip Denino to Guillermo Birmingham, annexed to this declaration as Exhibit I. Nor would we be able to receive funds to continue work under a waiver/exemption since all federal government payment portals were and are not functioning, making the purported waiver/exemption process cited in PRM’s revised Notice of Suspension useless.
12. On February 10, HIAS’ Chief Financial Officer again asked PRM for guidance on what would qualify as an emergency exemption from the indefinite suspension of PRM funds. In response, PRM’s Grants Officer stated, “I can’t provide guidance. It was determined much higher than me.” HIAS’ CFO then expressed concern to PRM that the lack of guidance coupled with the inability of aid organizations to access payments is making it impossible for organizations to provide the lifesaving humanitarian services identified by PRM as exempt in their revised Suspension Notice. See February 10, 2025, Email exchange between Guillermo Birmingham and Philip Denino, annexed to this declaration as Exhibit J.
He included a stack of backup, including the email instructing that Comptrollers were instructed not to provide any guidance on what was considered life-saving programming covered by the waivers.
Ultimately, USAID simply refused to tell grant recipients whether they had received a waiver or not, and if so for which parts of their programming. And it wouldn’t matter anyway because the computer systems on which it all runs are not functioning. State doesn’t want employees telling the press that life-saving grants haven’t been resumed, because Marco Rubio doesn’t want to confess to Republicans that he failed to deliver what he promised them.
Whether intentional at USAID or the inevitable outcome of arbitrary ignorance, the effect is the same.
It’s not just that the DOGE2025 attack on government has destroyed critical expertise. But absent that expertise, Trump’s minions are finding it difficult to reverse the ill effects of their initial assault, because the initial damage they do to both systems and expertise makes it far harder to reverse their initial failures.
Last July, JD Vance envisioned this process as a de-Ba’athification, which he imagined was targeted at a caricature of liberal culture, but which in reality targeted the civil service. Someone who served in Iraq really did set out to recreate the same insanely stupid policy decision that made Iraq a decade-long clusterfuck — he really did set out to launch that same kind of attack on his own government.
We’ve seen this movie before. It was, perhaps, Americas biggest failure ever.
https://www.emptywheel.net/wp-content/uploads/2025/02/Screenshot-2025-02-17-at-11.16.25.png5461012emptywheelhttps://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.pngemptywheel2025-02-17 06:24:392025-02-17 08:17:12DOGE2025 Is Getting the Catastrophic De-Ba’athification They Demanded
For some time, we’ve all been assuming that Trump will defy court orders reining in his assault on the government. And then, in the wake of Judge Paul Engelmayer’s order enjoining Scott Bessent from altering Treasury’s payment system before Friday, JD Vance ran his mouth, convincing everyone that that moment is already here.
Overnight, filings in at least two of the lawsuits against Trump’s attacks suggests that Trump is, at least for now, complying.
In the Rhode Island case in which states enjoined OMB from withholding government grants the government filed a response describing, among other things, how they’ve worked to ensure payments to Oregon continue.
In the New York lawsuit, also brought by states, DOJ asked for clarification of the scope of Engelmeyer’s order and opposed the breadth of it (noting, that there were contractors who did work on the system and also listing some senior Treasury officials, political appointees, who needed access). With that, Thomas Krause submitted a declaration saying he’s the only Special Government Employee who currently has permission to access the system (meaning they’re also complying with Colleen Kollar-Kotelly’s order in DC), but also revealing that Marko Elez — the DOGE boy who was included in Kollar-Kotelly’s order — has not returned to Treasury. Krause even notes (as I did) that the order to destroy what Elez has done likely conflicts with the order Kollar-Kotelly issued.
DOJ is pushing at the terms of the orders limiting government actions. But it at least claims it is complying.
There is other conflicting evidence about implementation. I have also seen reports that USAID people stationed overseas were having their access to communications systems restored, in compliance with Carl Nicoles’ order. But WaPo reports that the Administration continues to process resignations in potential defiance of George O’Toole’s order halting the Fork in the Road program.
I don’t doubt that at some point Trump will defy the courts. But for a number of reasons, I suspect they won’t outright defy judges yet.
One main reason is obvious: Trump and Russ Vought want John Roberts to grant him the authority to — basically — neutralize Congress’ power of the purse. To do that, he needs a clean appellate record. So he has to go through the process of engaging in good faith (even while arguing, as he did in his response to the Engelmeyer order, for a maximal theory of Executive power).
Another reason likely has to do with Pam Bondi. She has her own malign goals for DOJ, such as a likely assault on medical abortion pills, both between and within states. Plus, she is pursuing Trump’s attacks on sanctuary states.
But to use DOJ for these policy purposes, there has to be a DOJ, with attorneys more competent and experienced in Federal litigation than Ed Martin, the Acting US Attorney in DC. With the possible exception of the birthright citizenship defense, DOJ has real AUSAs fighting these cases, AUSAs who are going to be unwilling to risk their bar license on frivolous legal arguments or lies.
Finally, I think DOJ is in a risky situation in its confrontation with attorneys and FBI personnel. Ben Wittes noted recently, the Administration needs the FBI, in ways it doesn’t need USAID personnel, at least not in the same potentially catastrophically visible way they need the FBI.
The FBI rank and file have power in this equation that other agencies, such as USAID, for example, do not have. The Trump administration does not need USAID. It wants to eliminate foreign aid anyway, so if the personnel at the aid agency get uppity, who cares? And if they quit? All the better.
The FBI is not that simple. For one thing, the administration does need law enforcement. If there’s a terrorist attack, and there will be, and the FBI is not in a position to prevent it or investigate it quickly and effectively, the administration will take the blame.
This administration also draws its legitimacy from backing the blue. Even in their war on the intelligence community, Donald Trump and his people always tried to distinguish between the rank and file and the “bad apples” who were running things. Waging a full-scale war against the nation’s premier law enforcement agency, a war that is all about targeting street agents for having done their jobs, is a dangerous game—far different from sacking an FBI director, or even two, who went to some elite law schools and served at the upper levels of the Justice Department.
Then there’s the problem of capacity. FBI agents are actually very hard to replace—good ones are, anyway. The physical demands are significant. Most have specialized education of one sort or another. And while people often imagine FBI agents as glorified cops who kick doors down, the truth is that a lot of agents have exquisitely specialized expertise. The training of a good counterintelligence agent takes many years. Some agents have specialized scientific training. There are even agents who specialize in art theft. Take out a thousand FBI personnel for political reasons, and you destroy literally centuries of institutional capacity. A good FBI agent is much harder to create than, say, a good assistant U.S. attorney.
The confrontation with FBI has allowed accidental hero, Brian Driscoll (who is only serving as Acting Director as opposed to Acting Deputy Director because the White House made an error), has played this well, including by raising his own profile and the successes of the FBI.
That hasn’t stopped DOJ from demanding loyalty pledges, in the form of treating the mob that violently attacked cops and the Capitol as more patriotic than the cops themselves or the Members of Congress who did their duty — effectively (though WaPo doesn’t make this clear) forcing FBI agents to disavow treating a violent attack as a crime. But that, in turn, risks real backlash.
To be sure, there’s a lot of garbage that’s being dealt here. DOJ told Colleen Kollar-Kotelly that DOGE at that point only had read-only access to Treasury data (which Anna Bower recognized as an attempt to parse). But a footnote in the overnight filing in New York confesses that’s false.
Since January 20, 2025, one other Treasury employee—Marco Elez—had “read only” access to or copies of certain data in BFS payment systems, subject to restrictions, and access to a copy of certain BFS payments systems’ source code in a “sandbox” environment. Krause Decl. ¶ 11. Mr. Elez resigned on February 6, 2025 and returned all Treasury and BFS equipment and credentials the same day. Id.
That footnote cites Krause’s declaration. But the bit about the sandbox copy is not in the cited paragraph.
Since January 20, 2025, one other Treasury non-career employee—Marko Elez—had access to BFS payment systems and payment data covered by the order. Mr. Elez resigned on February 6, 2025, and returned all Treasury and BFS equipment and credentials the same day. Treasury staff have quarantined and disabled access to all devices and accounts used by this individual, which can now only be accessed by civil servants with a need for access to perform their job duties within the BFS who have passed all background checks and security clearances and taken all information security training called for in federal statutes and Treasury Department regulations. Further, based on technical controls in place, BFS oversight of Mr. Elez’s work, instructions provided to Mr. Elez regarding proper data handling, and subsequent technical review of his activities, I currently have no reason to believe Mr. Elez retains access to any BFS payment data, source code, or systems. I am concerned that deleting the contents of these accounts and devices would violate Treasury’s document preservation duties in connection with related litigation entitled Alliance for Retired Americans, et al. v. Bessent, et al., Civil Action No. 25-0313 (CKK) (D.D.C.).
Similarly, an OPM suit may well prove that DOJ has misrepresented other claims to courts. And as the FBI lawsuits hung overnight, DOJ forced Driscoll to provide names of all the FBI Agents who worked on January 6 cases.
But these discrepancies may well be useful. At the very least, it provides cause for the AGs to insist that Krause appear before Judge Jeannette Vargas, the judge assigned to the case (who ordered the parties to try to clarify Saturday’s order) to explain what Elez was doing with his sandbox and why anyone should believe he hasn’t been rehired, somewhere, to play in his sandbox some more. That, in turn, would support the very cybersecurity arguments that various lawyers are trying to make. And it’ll advance the reporting already going on.
JD Vance might well like to simply ignore Engelmeyer’s order. Mike Davis might want Trump to appeal this immediately to SCOTUS. Trump might want to start siccing his mob on judges.
But there are good reasons to believe that that won’t happen, yet — at least not until Trump gets a few more of his national security and DOJ nominees through the Senate.
And until then, this legal process is a tool — a tool that can be used to buy time, but also a tool to use to hem in Trump’s mob.
Update: In RI, John McConnell issued what is likely the first, “no really, you have to follow my orders” order.
Update: DOJ has appealed McConnell’s order, even though it is not ripe.
Meanwhile DOJ has filed really long filings in DC in an attempt to persuade Carl Nichols to reverse his TRO in the USAID example, basically slandering unnamed professionals left and right. Things do look more dire, because Trump is basically refusing to fund blue states until SCOTUS tells him to–and maybe even not then. Meanwhile, Senate Republicans have simply capitulated to Trump’s insane nominees.
Update: Above I noted that DOJ needs career AUSAs to make these arguments, at least for a while.
Well, in the USAID case, those career AUSAs just had to cop to two, um, errors. The bigger one was the central dispute at the hearing last week: Whether USAID had only frozen prospective contracts, or all of them
Additionally, although Secretary Rubio’s January 24, 2025 directive only froze future contract obligations, id. ¶ 3, payments on existing contracts were paused as well as part of efforts by agency leadership to regain control of the organization’s spending and conduct a comprehensive review of its programs. See id. ¶¶ 5–10. Counsel for Defendants was unaware of this development prior to the hearing. [my emphasis]
This implies that Peter Marocco froze existing contracts without the authority of Marco Rubio. And he’s accusing USAID personnel of being insubordinate.
https://www.emptywheel.net/wp-content/uploads/2025/02/Screenshot-2025-02-09-at-20.43.02.png7141310emptywheelhttps://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.pngemptywheel2025-02-10 06:22:172025-02-10 19:10:51Rule of Law: Don’t Obey in Advance, But Also Don’t Give Up in Advance
There is no truth to the rumor that Donald J. Trump wearing an apron while dispensing french fries at a McDonald’s fast food restaurant in Pennsylvania was part of his preparation for a new career move should he lose tonight [Sunday, October 20, 2024. Photo by Doug Mills/AP.]
As the voters stream to the polls today, as workers at precincts around the country welcome voters to cast their ballots, as state and county election officials prepare for the counting that will take place, and as lawyers prepare for the inevitable fights in the days to come, it is incumbent on us at EW to shoot down rumors of conspiracies flying around on this momentous day.
So let’s get right to it.
There is no truth to the rumor that the staff at Mar-a-Lago has put plastic sheeting over the walls, to make cleaning up any thrown pasta easier. If anyone tells you that the custodial staff is worried about Trump throwing his dinner around once results start coming in, do not believe them.
There is no truth to the rumor that JD Vance has prepared a concession speech filled with remorse for the things he said about Kamala Harris during the campaign, and there is absolutely no truth whatsoever that Peter Thiel is preparing to have JD Vance disappeared for his failure to win.
There is no truth to the rumor that Lara Trump is planning to move to Saudi Arabia should Harris/Walz win.
There is no truth to the rumor that Fox News has a contingency plan to have an intern shut down the power to the FOX studios and take them off the air on election night if the results come in putting Harris over the top.
There is no truth to the rumor that Ivanka and Jared are giving the Saudi’s back the money they were given to “invest” back in 2020.
There is no truth to the rumor that Elon Musk is shorting DJT stock.
There is no truth to the rumor that Mike Pence has a bottle of champagne on ice for he and Mother to share this evening, should Trump/Vance lose.
There is no truth to the rumor that Alito and Thomas are so despondent at the mere thought of Trump losing that their doctors are worried about them succumbing to heart attacks in the next 72 hours.
There is no truth to the rumor that Bill Barr is preparing a memo for Kamala Harris, laying out the rationale for her naming him as her new AG should Trump lose.
There is no truth to the rumor that Liz Cheney has practicing her sincerity in anticipation of making a call later this evening to Donald Trump, offering her solemn condolences at Trump’s loss, and absolutely no truth whatsoever that her practice sessions are not going well because she can’t get through two sentences without laughing.
There is no truth to the rumor that Gavin Newsom is planning a call to Donald Trump Junior and Kimberly Guilfoyle, offering condolences on the occasion of the loss of Trump/Vance.
There is no truth to the rumor that Ted Cruz already has purchased a new home in Cancun, and absolutely no truth whatsoever that in a gesture of bipartisanship, Colin Allred has already generously agreed to bring pizza and empty boxes to help him pack.
There is no truth to the rumor that Mitt Romney has laid in numerous kegs of beer for his watch party tonight at the Romney family home, and absolutely no truth whatsoever that Mitt’s sister niece Ronna McDaniel is planning to resume using “Romney” in her name again.
There is no truth to the rumor that Trump’s staffers are secretly preparing to call in sick this evening, rather than attend any watch parties or “victory” rallies, so that they can prepare to enter witness protection programs.
THERE IS NO TRUTH TO ANY OF THESE THINGS.
There is also a rumor that the members of Putin’s election interference unit are reeling in terror at the mere thought that Harris/Walz may win, resulting in an all-expenses paid one way trip to Ukraine for the entire group. This rumor we have been unable to debunk or verify.
If you have heard other rumors that need to be shut down, please add them in the comments.
https://www.emptywheel.net/wp-content/uploads/2024/10/Trump_McD-Fries_DougMillsAP_OCT2024-e1729547956264.jpg338600Peterrhttps://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.pngPeterr2024-11-05 10:12:142024-11-05 10:47:33Batting Down Election-Day Conspiracy Theories