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Learning Lessons from the End of the Confederacy, Nazi Germany, and Saddam’s Iraq.
Let’s assume that Donald Trump loses the election in November.
Yes, that’s a mighty big assumption, despite all the polls currently favoring the Democrats. If the economy begins to recover and the first wave of Covid-19 subsides (without a second wave striking), Donald Trump’s reelection prospects could improve greatly. The Republican Party has a huge war chest ready to fund ads galore, massive targeted outreach, and widespread voter suppression. And if all that isn’t enough, the president could borrow a tactic from the dictators he so admires and cancel the election outright out of concern over the coronavirus or some fabricated emergency.
Playing up fears of Trump’s reelection is a useful get-out-the-vote strategy, but for the sake of argument, let’s imagine that the election happens and the president loses unambiguously. A majority of Americans will sigh with relief. Still, don’t count on Trump — and more important, Trumpism — evaporating like a nightmare at daybreak.
To begin with, there’s the president’s legendary base of support, the one-third of Americans who’d continue to back him even if he were to shoot someone on New York City’s Fifth Avenue (or, through criminal negligence, effectively murder more than 100,000 people by ignoring a pandemic for 70 days). Such Trumpists aren’t going to suddenly emigrate en masse to New Zealand, as some liberals threatened to do after the last presidential election.
For the time being, the president still has an entire party apparatus behind him, having transformed the Republicans into little more than a personality cult, banishing dissenters like former Senators Jeff Flake and Bob Corker to the political hinterlands, and silencing the handful of so-called moderates that remain.
Trump enjoys institutional support as well, having replaced so many putative deep-staters with civil servants prepared to unquestioningly do his bidding. He’s personally fired his perceived government enemies, chief among them six inspectors general. Minions like former body man John McEntee, former Acting Director of National Intelligence Richard Grenell, and presidential aide Stephen Miller have all purged experts, replacing them in the government bureaucracy with loyalists. Meanwhile, Mitch McConnell has done the heavy lifting in the Senate, filling the judicial system with Trump flunkies: two Supreme Court judges, more than 50 Court of Appeals judges, and 140 District Court judges so far.
Ever the money man, the president has secured a reliable cash flow, bringing the uber-wealthy class of conservative donors onto his team, a total of 80 billionaires, including Blackstone CEO Stephen Schwarzman, Texas banker Andy Beal, World Wrestling Entertainment cofounder Linda McMahon, Silicon Valley guru Peter Thiel, and casino magnate Sheldon Adelson. Thanks to his violations of the emoluments clause of the Constitution, Trump has also funneled taxpayer money into his own business: millions spent on rooms at the Trump Organization’s hotels and golf clubs. Even before factoring in his money — Trump personally spent $66 million of his own dollars on the 2016 election — his campaign fund already has more than one-third of a billion dollars.
And then there’s the bulk of conservative civil society — ranging from think tanks like the Heritage Foundation and evangelicals like Franklin Graham to the anti-abortion lobby and the International Union of Police Associations — that now operates in his corner. Despite the entertainment world’s general loathing of the president, he’s even lined up a celebrity or two like rapper Kanye West and actress Roseanne Barr along with a handful of D-listers like actor Jon Voight and Barack Obama’s half-brother Malik. On the fringes roam the true “bad hombres”: white supremacists, live-free-or-die militiamen, and QAnon conspiracy theorists.
Taken together, these component parts of Trumpism form that most dangerous of creatures, a political chimera with the head of an establishment machine and the body of a radical social movement. This creature has its hands on the levers of power, its boots on the ground, and its eyes on the prize of four more years.
Are all these people and institutions true believers in Donald Trump? Probably not. Sporting more of a performative style than a coherent ideology, he is, to misquote Lenin, a “useful idiot.” When he’s no longer useful — that is, no longer in power — he’ll only be an idiot and the opportunists will move on.
While Trump may be expendable, Trumpism — which lies at the intersections of racial and sexual anxiety, hatred of government and the expert class, and opposition to cosmopolitan internationalism — is not so easily rooted out. Drawing heavily on American traditions of Know-Nothing-ism, America-First-ism, and Goldwater Republicanism, Trump’s essential worldview will survive the 2020 election.
If their candidate loses in November, Trumpists will dig in their heels just as their predecessors did after Barack Obama’s 2008 victory. Only a month after his inauguration, the Tea Party was already up and running. But the Tea Party will prove child’s play compared to the resistance the Trumpists are likely to mount if their candidate tanks on Election Day 2020. And such resistance could succeed in finishing what Trump started — disuniting the country and destroying the democratic experiment — unless, that is, the United States were to undergo a thorough de-Trumpification.
Other societies have gone through such processes, but those efforts — Reconstruction after the American Civil War, denazification in Germany after World War II, and de-Baathification after the fall of Saddam Hussein in Iraq in 2003 — have all been flawed in various ways. Reconsidering them, however, might help us avoid repeating the mistakes of history as we try to drive a stake through the heart of Trumpism.
The United States hasn’t recently been invaded, lost a major war in its homeland, or had its government fall to a popular uprising.
That’s usually what it takes to dislodge a deeply entrenched ruling ideology. The South lost the Civil War, the Nazis World War II, and Saddam Hussein the second Gulf War. Those defeats provided the winners with unprecedented opportunities to remake the old order, but don’t seem to apply to America in 2020. The electoral defeat of a president and party, if that’s even what happens in November, doesn’t constitute regime change. It’s just the kind of peaceful transition of power that’s the cornerstone of democratic stability.
But let’s face it: 2020 isn’t shaping up to be a normal election year. Conservative pundits, like military historian Victor Davis Hanson, believethat Barack Obama and the Democrats have brought the country to the brink of a literal civil war. During last year’s impeachment hearings, Trump himself tweeted approvingly a comment made by Robert Jeffress, an evangelical ally, that impeachment “will cause a Civil War-like fracture in this Nation from which our Country will never heal.” Meanwhile, typically enough, Obama’s first secretary of labor, Robert Reich, suspects that President Trump’s flagrant disregard of the Constitution will precipitate major social unrest, even as comedian Bill Maher urges Democrats to reach out to Trump supporters as part of a bid to defeat the president — or risk civil war.
Many Americans seem to agree. In a 2018 Rasmussen poll, one-third of respondents thought it likely that another civil war would break out within five years. According to a 2019 civility poll from the Georgetown Institute of Politics and Public Service, the consensus was that the country is already two-thirds of the way toward a civil war.
Nor is there much confidence that the 2020 presidential election will go smoothly. Take your pick from a menu of potential disruptions: allegations of voter fraud and Republican voter suppression, a resurgence of the coronavirus, voting machine software glitches, Russian hackers, confusion over mail-in ballots, or an authoritarian president who repeatedly jokes about serving more than two terms. A recent Georgia primary offered a warning of what might come, with fiascos aplenty, particularly for voters of color. There weren’t enough polling places, people waited in line for endless hours, absentee ballots never arrived at homes. Multiply Georgia by 50 and you’d have a full-blown crisis of political legitimacy.
Even if this country manages to pull off the 2020 presidential election, a post-election insurrection is not out of the question. During the lame-duck period, a defeated Trump might call on his supporters — gun owners, militia members, active-service military — to serve as a Praetorian guard to keep him in office. Mark Villalta, an attendee at Trumpstock in Arizona last October, was typical of some Trump supporters in confessing that he’s hoarding weapons just in case Trump loses. “Nothing less than a civil war would happen,” he told The New York Times. “I don’t believe in violence, but I’ll do what I got to do.”
It’s essential to ensure that the November 3rd election is free and fair, but if Trump loses, then the bigger problems are likely to begin.
Confederacy of Dunces
In the 1860 election, America confronted a polarized electorate, a stupendously mediocre president in James Buchanan, and a clear geographic divide between north and south, urban and rural. Not even the election of Abraham Lincoln could save the union. The attack on Fort Sumter, the opening salvo of the Civil War, took place roughly a month after his inauguration.
Donald Trump seems to have learned all the wrong lessons from the “War Between the States,” resisting as he’s done recently the removal of “beautiful” Confederate statues and the redesignation of U.S. military bases named after Confederate generals. In the last Oscar season, he even wished that Gone with the Wind had won rather than some South Korean film he’d never heard of. Such favoritism for the disgraced and vanquished should be as politically disqualifying as a Heil Hitler salute.
The reason that Trump can get away with his Confederate nostalgia comes, at least in part, from the failure of the Reconstruction era after the Civil War to extirpate racism and its associated economic inequality from American society. In fact, as historian Allen Guelzo points out, “Reconstruction did not fail so much as it was overthrown. Southern whites played the most obvious role in this overthrow, but they would never have succeeded without the consent of the Northern Democrats, who had never been in favor of an equitable Reconstruction.”
The Democrats of the time, in other words, became a party of resistance — to Reconstruction, civil rights, and the radical Republicans of that moment. So the Confederacy continued to live on not only in the hearts and minds of defeated Southern whites but also in the racist policies that elected officials in both parts of the country would resurrect.
Here, then, is a lesson of the Civil War’s aftermath for this moment. Today’s Republicans, the equivalent of the northern Democrats of the post-Civil War era and a true confederacy of dunces, cannot be allowed to persist in their current incarnation as a vehicle for Trumpism. A thorough thumping at the polls in November is a necessary but insufficient response to what they’ve become.
Gaining a congressional majority, in other words, is not enough. The Democrats and chastened Republicans would have to work to make that party a far less extreme force in American politics, abandoning Trump and reclaiming Lincoln.
“We need to look forward as opposed to looking backwards,” Barack Obama insisted as he entered office in 2009, sidestepping efforts to investigate the wrongdoing of the George W. Bush administration. He was convinced that such forward thinking would unite the country. He was wrong.
To avoid a Reconstruction-like fiasco, the next administration would have to drain the swamp Trump created, bring criminal charges against the former president and his key followers, and launch a serious campaign to change the hearts and minds of Americans who have been drawn to this president’s agenda.
When Saddam Hussein fell and American troops took Baghdad, the United States established an occupation authority that attempted to expunge all traces of the former Iraqi autocrat’s Baath Party from that society. At the time, the State Department considered three basic positions on what came to be known as de-Baathification: focus just on Saddam’s inner circle of about 50 top-ranking officials, expand that circle to include a larger number of top politicians, or eradicate Baathism altogether because “democratization is simply not possible unless and until the entire apparatus of control and authority is uprooted.”
Thanks to Paul Bremer, the head of that Coalition Provisional Authority, the third option became its very first directive, which led to the ejection of between 35,000 and 50,000 Iraqi civil servants onto the streets of their country. “In effect, the United States dismantled the Iraqi state, leaving a deep security vacuum, administrative chaos, and soaring unemployment,” wrotepundit Fareed Zakaria in 2007. “We summarily deposed not just Saddam Hussein but a centuries-old ruling elite and then were stunned that they reacted poorly.”
That thoroughgoing purge, along with the literal dismantling of the Iraqi army, generated a deep distrust of the American occupation and provided an instant pool of recruits for any militant resistance, fueling an all-out war.
The good news is that since Trumpism has only been a governing ideology for three years, it hasn’t (yet) penetrated the civil service or the military to the degree that Baathism dominated the Iraqi government and armed forces. Since Trump appointees don’t form a particularly deep state, however much Trump would have liked to create one of his own, no Iraq-style resistance is on the horizon.
The judiciary is another matter. The roughly 200 judges that Donald Trump and Senate Majority Leader Mitch McConnell have already managed to appoint for life will do their best to block all attempts to deconstruct Trumpism. If it can be shown that any of these judges engaged in serious ethical or criminal misconduct, then impeachment would be an option. However, you can’t impeach judges just because you don’t like their rulings (though some Republican legislators did try to do just that in Pennsylvania a couple of years ago).
Instead of attempting to remove individual judges, it would be more strategic to go after their ideological backer, the Federalist Society, an uber-conservative legal organization that has functioned as a judicial matchmaker for Trump, providing him with a list of potential Supreme Court nominees. All but eight of his federal appellate court picks have been members of the society.
You can’t outlaw a legal society, however lunatic its interpretation of the Constitution may be. However, Senator Sheldon Whitehouse (D-RI), who’s on the Judiciary Committee, proposes to make it illegal for judges to be members of the Federalist Society. An added benefit: such a move would also go after the big money behind the attempted right-wing takeover of the court system because, as Whitehouse points out, “the Federalist Society is at the center of a network of dark-money-funded conservative organizations whose purpose is to influence court composition and outcomes.”
Detoxifying the court system is crucial not only for reversing Trump’s regressive policies but for clearing the way to prosecute him for his wrongdoing.
Hauling Them into Court
At Nuremberg after World War II, the Allied victors put nearly 200 Nazis on trial for various crimes: 161 were convicted and 37 sentenced to death. The precedents established there and at other war crimes trials have guidedcontemporary tribunals culminating in the International Criminal Court (ICC).
It would be satisfying if the U.S. government could give Donald Trump and some of his top aides to the ICC for their violations of international law at the U.S.-Mexico border, the assassination of the head of the Iran’s Revolutionary Guard Corps, and similar actions. But that’s unimaginable even for a government led by President Joe Biden in which the Democrats had a veto-proof majority in the Senate. So it will be up to the American courts to charge and convict Trump, which has so far failed to happen, despite some cases related to his tax returns and allegations of sexual assault still inching forward.
The Nuremberg process developed new standards to prosecute the Nazis. Since the barriers have grown high indeed, the Trumpian opposition would have to get more creative to make sure that Trump goes to jail.
As soon as he is no longer president, federal prosecutors should label Donald Trump and his top associates an ongoing criminal organization and begin the process of bringing them to justice under the Racketeer Influenced and Corrupt Organizations (RICO) Act. For years, after all, the president has been acting like a mafia godfather, demanding loyalty, bullying competitors, and scorning “rats.” Last year, former Trump fixer Michael Cohen’s testimony before the House Oversight Committee laid out in graphic detail ways in which the president and his gang were guilty of racketeering: bribery, fraud, obstruction of justice, and the like.
The House of Representatives impeached the president, but with the help of his Republican enablers, he managed to avoid removal from office. Getting read the RICO Act, on the other hand, could leave him facing years in prison and the Trump Organization would be liable for treble damages as compensation for victims. As Forbes contributor Steve Denning concluded during the impeachment proceedings:
“While impeachment would obviously be a severe personal sanction for Donald Trump, convicting the Trump Organization as a RICO enterprise could be far worse. If Trump is ‘only’ impeached, he could always go back to his family business, sadder but perhaps wiser. But if the Trump Organization were to be convicted as a criminal enterprise under the RICO Act, there might be no business for Trump to go back to.”
U.S. diplomat Herbert Pell, instrumental in bringing war-crimes charges against the Nazis during World War II, saw “how Confederate veterans in the South had created for themselves a misty-eyed mythology about the U.S. Civil War and was determined that the Nazis would not do the same.” As Dan Plesch explained in his study of international war crimes tribunals, “Pell’s motivation was to prevent postwar nostalgia for the Nazis breeding more war.”
Putting Trump on trial would not only remove him from the political equation but could effectively delegitimize Trumpism and prevent a second round of it from occurring.
The Popularity of Trumpism
Nazism didn’t die with Adolf Hitler’s suicide, the collapse of his regime, or those convictions at Nuremberg. More than 10% of the German population had belonged to the Nazi Party. Early efforts at denazification sputtered out largely because the United States and its allies needed a stable, prosperous Germany at the heart of Cold War Europe — and Germany quietly allowed former Nazis to remain in every echelon of society. Seven years after the war, for instance, 60% of the civil servants in Bavaria were former Nazis.
Nazi ideology was even more difficult to root out. According to a public opinion survey conducted in West Germany in 1947, 55% percent of those living under the U.S. occupation believed that “National Socialism was a good idea badly carried out.” Worse yet, the majority of those in this category were under 30, not just the old guard.
As bizarre as Donald Trump might be, Trumpism itself is not a new American phenomenon. The difference is that the far right never before had such access to power, not during the George W. Bush era, not even during Ronald Reagan’s presidency. It always remained on the margins, kept alive by the likes of the John Birch Society, the occasional extreme member of Congress, and weirdo talk show hosts like Alex Jones of InfoWars.
The danger of Trump lies in his remarkable capacity to mainstream views that previously had been beyond the pale (at least in official Washington). A significant number of Americans feel liberated, thanks to his imprimatur, to give voice to the worst angels of their nature. Transforming such deep-seated belief systems represents quite a different challenge than changing the guard in the Oval Office and beyond. After all, democratic societies don’t send people off to reeducation camps. Certain communities, like universities, can legislate against hate speech, but it’s people’s hearts and minds, not just their tongues, that must be reached.
To do so, it’s imperative to separate the legitimate grievances of Trump supporters from the illegitimate ones. Yes, “bad hombres” are attracted to Trump’s racism, misogyny, and xenophobia, but many of the disenfranchised who voted for him were motivated by a disgust at political elites and the raging economic inequality they produced in this land. After the triple whammy of the coronavirus pandemic (and its disproportionate impact on the working poor), the economic semi-collapse that followed its spread (and the disproportionate benefits Amazon’s Jeff Bezos and other billionaires drew from it), and an epidemic of police violence (visited on people of color), more and more Americans are coming to feel that the status quo is simply unacceptable. They’re disgusted by Republican duplicity but also by the Democrats’ version of business as usual.
Because Trumpism is a cancer on the body politic, the treatment will require radical interventions, including the transformation of the Republican Party, a purge of Trumpists from government, and the indictment of the president and his top cronies as a criminal enterprise. To avoid a second Civil War, however, a second American Revolution would need to address the root causes of Trumpism, especially political corruption, deep-seated racism, and extreme economic inequality.
Otherwise, even if The Donald loses this election, the political creature he represents will rise from the ashes and eventually return to power (President Tom Cotton? President Ivanka?!). America can’t survive another civil war, but neither can it afford another failed Reconstruction, a half-hearted de-Trumpification of America, and a return to the previous status quo.
John Feffer is the author of the dystopian novel Splinterlands and the director of Foreign Policy In Focus at the Institute for Policy Studies. His latest novel is Frostlands, a Dispatch Books original and book two of his Splinterlands series.
Copyright 2020 John Feffer. First published in TomDispatch. Included in Vox Populi with permission.