The Dictatorship
Here’s a remedy for Trump’s self-dealing that no pardon can touch
The Justice Department announced Tuesday that it has expanded its settlement of President Donald Trump’s lawsuit against his own government. Now the government has ruled out future IRS audits of the president, his family and his business, and announced that it will also use public money to create a nearly $1.8 billion fund to compensate allies the president thinks were wronged by federal prosecution or investigation.
Beyond the stunning scale of this self-dealing, there are other reports of disturbing actions by the administration: The Justice Department prepared to drop fraud charges against an Indian billionaire who offered to invest $10 billion in this country, the New York Times reported last week; another Mar-a-Lago dinner was held in April to promote the president’s crypto venture. Over and overTrump and others around him use their positions for personal gain in unprecedented ways. The Wall Street Journal reported last month that Trump has promised pardons to anyone who has been within 200 feet of the Oval Office — effectively an invitation to allies to continue breaking the law and monetizing the presidency.
Simply put, under a legal principle called disgorgement, you don’t get to keep what you stole.
There is, however, a way to address widespread theft from the public. Simply put, under a legal principle called disgorgement, you don’t get to keep what you stole.
Even the Trump administration agrees with this point. The Justice Department defended the principle in a case before the Supreme Court last month. Quoting precedents old and newthe government said: “Disgorgement serves the ‘foundational’ equitable principle that no wrongdoer ‘should make a profit out of his own wrong.’ ” This principle can hold the president and any accomplices accountable for corruption — and no pardon can stop that.
Disgorgement has deep roots in moral tradition and American law. The Securities and Exchange Commission’s disgorgement authority, at issue in the Supreme Court this termlets the government recover the money that fraudsters make through securities fraud (which could include crypto or prediction market scams). The issue before the court is whether the government needs to prove that the wrongdoer hurt specific people. The administration said no, arguing: “Disgorgement is a remedy designed to strip ill-gotten profits from wrongdoers,” so “SEC disgorgement under current law is not conditioned on a showing of pecuniary harm to victims.” In short: Those who profited through fraud have to give up the money, and it goes to the American people.
Other federal tools similarly enable getting stolen money back: the False Claims Act, Foreign Corrupt Practices Act and Foreign Extortion Prevention Act, to name a few. The most powerful of these is likely civil asset forfeiture. Unlike criminal prosecution, which is directed at a person, civil forfeiture involves the government suing the property itself (think: the 747 jet given by the Qatari government, or a specific crypto account).
Government can recover proceeds from third parties, such as family members or shell companies, that received the fruits of corruption without a legitimate claim to them, even if those parties did not participate in the illegal actions.
This distinction is not a legal technicality; it’s why civil asset forfeiture is uniquely resistant to pardons, presidential immunity claims and other defenses that could consume criminal proceedings. The asset forfeiture framework also allows the government to follow money wherever it goes. So government can recover proceeds from third parties, such as family members or shell companies, that received the fruits of corruption without a legitimate claim to them, even if those parties did not participate in the illegal actions. And the government doesn’t need to prove its case by the criminal law standard of “beyond a reasonable doubt”; it simply must show that the preponderance of the evidence supports recovery.
State leaders can act now to recover funds — and, critically, to open the asset investigations that form the backbone of disgorgement actions. A December University of Wisconsin Law School report sets out a comprehensive assessment of state accountability laws that state attorneys general can enforce against federal officials and those who interact with them. Ample state civil laws enable disgorgement. For example, a New York law allows the state attorney general to pursue restitution and disgorgement for repeated fraudulent or illegal acts in the conduct of business. That state’s Martin Act allows a broad range of recovery for securities fraud. More than 30 states have their own false claims acts, many with private recovery provisions. State law enforcement leaders should work together to build these cases, which will take time and expertise that the gutted federal government may lack. State legislatures may even consider updating their laws to ensure that they apply to misconduct by federal officials and create incentives for whistleblowers to come forward.
Asked by The New Yorker earlier this year about allegations of profiteeringa White House official said, “President Trump has always put — and will always put — the best interests of the American people first.” More recently, in response to Wall Street Journal reporting on possible Trump pardonsanother White House official said the Journal “should learn to take a joke, however, the President’s pardon power is absolute.” But Trump’s track record of abusing the pardon power suggests that this and other self-enrichment is no laughing matter.
The current Congress has proved unwilling to hold Trump accountable, but members in the minority could use investigative oversight tools to lay out a clear road map for enforcers. Should control of Congress change, lawmakers could subpoena financial records and communications from private parties, hold targeted hearings on specific deals, pass legislation to ensure that federal money can’t be doled out through corrupt slush funds, or replicate what House members sought to do with the Epstein files to demand transparency on a range of information held by the federal government. Although federal laws enabling disgorgement are strong, Congress could also punch them up.
Private litigants can also file suits immediately. The False Claims Act is an obvious tool, as any person with nonpublic knowledge of fraud against the federal government is encouraged to file a lawsuit on the government’s behalf. Civil claims under anti-corruption laws such as RICO, which allow private plaintiffs to recover extensive damages, don’t require any government cooperation.
Of course, the post-2020 effort at using criminal prosecution for accountability failed fairly spectacularly. But an accountability approach centered on recovering money stolen through corruption could garner wide-ranging public appeal in a way that the criminal accountability efforts never did. Hungary’s recent election is illustrative: Opposition candidate Péter Magyar’s focus on the corruption and kleptocracy of the Orbán regime drove overwhelming rejection among voters. Magyar also swiftly announced the creation of a National Asset Recovery and Protection Office with a mission of investigating corrupt deals and recovering the stolen proceeds. As Magyar put itall that “money that is stolen” actually belongs to pensioners or can help feed hungry children.
So, too, in the U.S.: All the pilfered money actually belongs to the American people. Those seeking payouts from the new Trump fund should not expect to keep that money if their claims cover up evidence of crimes such as attacking the Capitol — that would trigger the False Claims Act and enable disgorgement. Crypto profits built on insider knowledge of a presidential announcement? Claw them back. The foreign government “deals” that blur the line between statecraft and self-enrichment in which the president and his relatives rake in billions? The coerced corporate donations and prediction market winnings? It’s time to get the money back.
Trump’s pardons can’t stop any of this. Nor can the Roberts Court’s broad grant of criminal immunity in Trump v. United States. Those in Trump’s orbit who cross the line should know: Even with a promised pardon, the law can come for what they’ve taken from the American people.
Justin Florence is co-founder of the nonpartisan nonprofit Protect Democracy, founded in 2017. Previously, he served as special assistant to the president and associate White House counsel in the Obama administration. He is a Lecturer in Law at Harvard Law School, where he co-teaches the Democracy and Rule of Law Clinic.
Justin Vail leads Protect Democracy’s Washington office. He previously served as special assistant to the president for democracy and civic participation during the Biden administration and deputy director of private sector engagement in the Obama White House.
The Dictatorship
‘Incredibly dangerous’: Capitol officer badly beaten by Jan. 6 rioters says Trump pardons absolved them
When FBI agents confronted Daniel Rodriguez about using a stun gun on a Washington police officer during the Jan. 6, 2021, attack on the U.S. Capitol, he wept, seeming to express remorse.
“I’m sorry,” he said through tears in a recorded interview after he was arrested in March 2021. “He’s a human being with children, and he’s not a bad guy. He sounds like he’s just doing his job and he’s — I’m an asshole.”
Two years later, as he was being led away after a judge sentenced him to more than 12 years in prison, Rodriguez raised his fist and screamed, “Trump won!”
Rodriguez is now a free man. The hefty prison sentences imposed on him and four other people convicted of assaulting police officer Michael Fanone — who was dragged into the crowd and severely beaten — were all wiped away in one of Donald Trump’s first acts as president in January 2025: He pardoned almost 1,600 people charged or convicted for their involvement in the riot.
Trump has used the clemency power like no president in history, freeing fraudsters, drug traffickers and corrupt politicians.
But his pardon of Jan. 6 defendants, more than 170 of whom pleaded guilty to assaulting law enforcement officers, stands apart. MS NOW is spotlighting the clemency granted to Jan. 6 defendants as part of a series on Trump’s pardons, “Justice Interrupted.”
“It’s incredibly dangerous,” Fanone told MS NOW in an interview. “You have individuals who were inspired by Donald Trump’s lies to storm and assault the Capitol and try to prevent the certification of a free and fair election. Donald Trump then absolved them of all of their criminal culpability.”
Trump’s first attorney general and his FBI director each told Congress they opposed pardons for people who hurt police officers, but the president did it anyway. Afterward, even some of his biggest backers balked.
“Pardoning the people who went into the Capitol and beat up a police officer violently, I think, was a mistake, because it seems to suggest that’s an OK thing to do,” Sen. Lindsay Graham, R-S.C., said on NBC’s “Meet the Press” after the pardons in 2025.
Republican Sen. Thom Tillis said on the Senate floor this past January, “People that harm police officers and destroy federal buildings should go to prison, and it’s a damn shame they’re out.”
Trump has never explained why he freed those rioters who violently assaulted police officers. When correspondent Peter Alexander confronted the president about his pardon of the man who shocked Fanone in the neck, Trump brushed aside the question.
“Among those you pardoned, D.J. Rodriguez,” Alexander said to Trump. “He drove a stun gun into the neck of a D.C. police officer who was abducted by the mob that day. He later confessed on video to the FBI and pleaded guilty for his crimes. Why does he deserve a pardon?”
Trump replied, “Well, I don’t know. Is it a pardon? Because we’re looking at commutes and we’re looking at pardons.” Told it was a pardon, he responded, “OK, well, we’ll take a look at everything. But I can say this: Murderers today are not even charged.”
But there was nothing, as Trump commented, to “look at.” Pardons are not reversible.
Fanone believes Trump knew exactly what he was doing: rewarding people who committed violence on his behalf.
“I know that he knows that it was violent. I know that he knows that, and I think that that was intentional,” he said.
In addition to Rodriguez, three others who attacked him were spared most or all of their prison terms:
- Albuquerque Cosper Head got 7 1/2 years for dragging Fanone into the mob while yelling, “I got one!”
- Kyle Young was sentenced to seven years, and Lewis Wayne Snoots to six, for helping to restrain Fanone during the attack.
- Thomas Sibick was sentenced to just over four years for assaulting Fanone and stealing his badge and radio.
Liz Oyer, a former Justice Department pardon attorney, said Trump has disregarded the normal tradition of presidential clemency.
“The things that the Justice Department traditionally looks for are acceptance of responsibility, remorse, rehabilitation, a significant track record of good conduct in the community before we would recommend someone for consideration of a presidential pardon,” she said, adding that few, if any, of the Jan. 6 defendants met that qualification.
“This president’s use of the pardon system is really undermining the legitimacy of our justice system,” she said.
In fact, a Lawfare analysis found that at least 97 of the roughly 1,600 people charged in the Capitol attack have been accused of new crimes since Jan. 6, 2021. At least 19 were accused after being pardoned.
One of the first rioters to breach police barricades, Christopher Moynihanpleaded guilty in February in New York to a harassment charge over threats to kill House Democratic Leader Hakeem Jeffries. Moynihan was later sentenced to three years’ probation.
Zachary Alama man a judge called “one of the most violent and aggressive rioters,” was sentenced in May to seven years in prison after a jury convicted him of committing a home invasion burglary in Virginia.
Andrew Paul Johnsonconvicted of illegally entering the Capitol, was pardoned despite having been accused of molesting children. In May, he was sentenced to life in prison for the sex crimes.
Fanone wasn’t supposed to be at the Capitol that day, but he rushed there when he heard the distress calls.
He was pulled into a crowd of attackers as he was trying to keep them out of the building. He was holding on to his service weapon to keep it from being taken from him. But once he felt the excruciating, debilitating shock from Rodriguez’s weapon, he knew he was in a dire situation; in fact, he thought he might be killed.
“I knew at that point that I was not going to be able to fight my way out of this,” Fanone remembered. “I wasn’t even going to be able to maintain control of my weapon. The only solution here was that people in the crowd helped me, and when I yelled out that I have kids, it worked.”
His doctors say Fanone suffered a heart attack.
Trump supporters have wrongly called Fanone a “crisis actor,” disputing that he really was attacked. Ed Martin, who once represented Jan. 6 defendants and is now the Justice Department’s pardons attorney, called him a “fake cop.”
Fanone says his life, and the lives of his loved ones, has never been the same.
“My mother’s been the target of swatting events eight times. She had a credible bomb threat called into her home,” he said.
“She had an individual pull up to her house in a pickup truck, approach her in her front yard while she was raking leaves, and throw a bag of dog feces at her.”
In an apparent attempt to wipe the charges, convictions or sentences of Jan. 6 offenders from public knowledge, the Justice Department recently took down press releases naming them from its website, calling it “partisan propaganda.”
Anyone who tries to find the official DOJ announcements of the convictions or sentencing of the men who attacked Fanone will see only broken links.
Ken Dilanian is the justice and intelligence correspondent for MS NOW.
NEW YORK (AP) — Donald Trump was booed loudly by fans inside Madison Square Garden when he was shown on video screens during the national anthem as he became the first sitting president to attend an NBA Finals game.
Chants of “U-S-A! U-S-A!” echoed through the arena as Avery Wilson sang “The Star-Spangled Banner,” but they they gave way to boos moments later as Trump was displayed on the jumbo screens giving a military salute. The jeers ended when the U.S. flag followed him on the screens, and fans cheered when New York Knicks players were shown. Mentions of the San Antonio Spurs also elicited vociferous boos.
The president was unfazed. “It was, I think, mostly cheers,” he told reporters after the game before boarding Air Force One to return to Washington. “It was loud, and it was very enthusiastic.”
Trump watched Game 3 from Knicks owner James Dolan’s suite, along with granddaughter Kai, personal adviser Boris Epshteyn and Cabinet secretaries Lee Zeldin, Sean Duffy and Doug Burgum. He sat next to Dolan for the first quarter and spent part of the second talking to NBA Commissioner Adam Silver and Republican gubernatorial hopeful Bruce Blakeman.
Trump’s Marine One helicopter flew from his home in New Jersey and landed near Wall Street before his motorcade made its way up through Manhattan and to the arena roughly an hour before tipoff. He encountered a handful of people making rude gestures, and outside the area, one group held signs saying “Trump must go.”
He settled into Dolan’s suite shortly afterward.
During the afternoon before Trump’s arrival, the New York Police Department and the U.S. Secret Service set up a large perimeter surrounding Madison Square Garden. Fans lined up to get inside the arena more than four hours before tipoff, in a scene more closely resembling New Year’s Eve in Times Square than the usual leadup to a basketball game.
They were required to provide a ticket or pass to get past various checkpoints, along with going through a Transportation Security Administration-style magnetometer. Secret Service personnel and police were positioned at every corner and in large numbers. Daily commuters, tourists visiting Manhattan and fans were all confounded at various times as they tried to maneuver the security.
New Yorkers forced to adjust
After traveling from his home in Florida for the game, Knicks fan Greg Weldon said the main inconvenience faced so far has been the lack of information.
“We’ve asked so many cops, secret service, guys with machine guns, what to do, where should we go,” he said. “Nobody knows.”
Knicks coach Mike Brown and Spurs counterpart Mitch Johnson downplayed any concept of being inconvenienced by the closures and enhanced security because of Trump.
“There’s a lot going on, and I’d much rather be a part of it than not,” Johnson said.
With security stepped up, a watch party outside was canceled, and ticket-holders were not allowed to bring bags inside the Garden. Fans had gathered near the arena to watch games during this playoff run, during which the Knicks have won 13 games in a row to reach the final for the first time since 1999 and move two victories from their first NBA title since 1973.
“We are looking forward to bringing back watch parties for Game 4,” Police Commissioner Jessica Tisch said at a news conference Monday. “But I think New Yorkers are used to presidents coming to town, and they understand that that generally means lockdowns of areas and that’s what you’re going to see tonight at the Garden.”
The Knicks’ streak was broken Monday night, with the Spurs winning 115-111. Game 4 will be played Wednesday night at the Garden.
Incidents heighten attention to Trump’s security
This is the latest major sporting event Trump has attended during his time as president, and the security measures have created major hassles for fans.
Thousands of fans missed the start of last year’s U.S. Open men’s singles final between Carlos Alcaraz and Jannik Sinner because of lengthy security lines. Even though the U.S. Tennis Association pushed back the start of the match by a half-hour, many fans still couldn’t get in because added measures meant that they had to go through screening not only when they arrived at the Billie Jean King National Tennis Center but again in front of the steps into Arthur Ashe Stadium, where Trump watched from a suite.
Federal law enforcement officials have been reexamining Trump’s security in light of three incidents in the past two years: a shooting at a 2024 rally in Butler, Pennsylvania; the discovery of a man armed with a rifle as Trump played golf in West Palm Beach, Florida, later that year; and the recent shooting at the White House Correspondents’ Association dinner.
Asked Sunday his thoughts on Trump attending, Knicks center Mitchell Robinson said: “Cool, I guess. We can still get out there and play (no matter) who’s here and who’s not.”
Mayor Zohran Mamdani and other dignitaries were also at the game, as were Yankees Hall of Famer Derek Jeter and two-time Super Bowl-winning quarterback Eli Manning of the Giants.
It was already hard enough for Knicks fans to get inside Madison Square Garden because of astronomical ticket prices. The get-in price for a ticket is higher than the average cost of monthly rent in New York, surging over $5,000.
The best seats were listed for tens of thousands of dollars. Mamdani said he bought his ticket, which he said was standing-room-only, for about $1,000 directly from Madison Square Garden.
The difficulty of seeing the game in-person has prompted fans to crowd bars, streets and watch parties all over the city. The watch party near the Garden has become a major event all through the playoffs, but with Trump attending, that event was moved a few blocks away outside the security perimeter, at Bryant Park.
“We improvise,” said Knicks guard Jose Alvarado, who is a New York native. “We’re New Yorkers. We’re going to find a way to watch a game, and that’s what we’re doing.”
___
AP Basketball Writer Brian Mahoney contributed to this report.
___
NBA AP: https://apnews.com/hub/NBA
The Dictatorship
Platner romps to victory in Maine Democratic primary, will face Collins despite controversies
Graham Platner prevailed in the Maine Democratic Senate primary, breaking 50% of the vote and clinching the nomination to face Sen. Susan Collins, a Republican whom national Democrats hope to topple on their way to recapturing control of the Senate in November.
Platner had 75% of the votes with only 8% of the ballots counted when The Associated Press called the race Tuesday evening, suggesting a dominant performance. Maine Gov. Janet Mills had just 19%. Mills’ name remained on the ballot despite the fact she dropped out of the contest in April.
The oysterman and political newcomer triumphed at the ballot box despite allegations that roiled his campaign before Election Day: that he sent sexually explicit messages to women outside his marriage and behaved in a demeaning manner toward some former girlfriends, including two incidents in which he was allegedly physically menacing to one of them. Platner denied those incidents.
“This is the state that raised me. This is the state that saved me,” Platner said at his victory party. “Maine, I love you. I love this state.”
Platner chastised national Democrats, who he said kept seeking a headline that would tarnish him and were missing the point. “In trying so hard to understand me, they failed to understand this is not about me at all. This is a movement about us.”
“This is the state that raised me. This is the state that saved me,” Graham Platner said at his victory party. “Maine, I love you. I love this state.”
The Democrat will now face Collins, a five-term incumbent who ran unopposed in the GOP Senate primary.
Platner also took harsh aim at Collins, calling her “spineless,” and said she “lied to us” about protecting abortion rights codified under Roe v. Wade after supporting Brett Kavanaugh’s nomination to the Supreme Court.
“Susan Collins doesn’t serve us. She serves Donald Trump,” Platner said. “We will take back the Senate seat. We will take back our power … I want you to imagine what you will feel like when we hold Trump and his criminal enterprise to account.”
In coming in first — and avoiding further rounds of counting as part of Maine’s ranked choice voting system — Platner technically defeated Mills in the Democratic primary. Mills was recruited by Senate Minority Leader Chuck Schumer, D-N.Y., but her campaign never took off and she suspended it in April.
But her name remained on the ballot and voters could have chosen to side with their former governor as something of a protest vote against Platner.
Despite early strength, Platner’s road to nomination was paved with controversy.
Reports surfaced the week before the primary that Platner had sent sexually explicit text messages to multiple women while married. His wife, Amy Gertner, publicly defended him and criticized the release of private communications. Platner acknowledged he and his wife had gone through something difficult in their marriage “because of me” and denied the characterization of the messages.
A private meeting between Platner and Senate Democrats followed as questions mounted over whether his personal conduct would impede his ability to challenge Collins. Despite the controversies, key progressive leaders, including Sens. Bernie Sanders, I-Vt., and Elizabeth Warren, D-Mass., have continued to publicly support his candidacy.
Those allegations were followed by a report in The New York Times in which one of Platner’s ex-girlfriends accused him of physically threatening her while they were dating. The Times’ report cited several former romantic partners who described “toxic” past relationships with him. Platner has denied allegations of “physicality.”
Several of Platner’s other past romantic partners who spoke to the Times described him as a “caring” partner and said they remain friends with him, according to the report.
The allegations added to several controversies surrounding the Marine Corps veteran’s insurgent Senate campaign. He faced backlash last fall over a Nazi-style tattoo he has since covered and defamatory comments he reportedly made about victims of sexual assault in Reddit posts that were deleted before the launch of his campaign. Platner has said he was unaware of the tattoo’s Nazi symbolism when he got it in 2007.
His populist campaign, however, resonated heavily with Maine voters who deemed him the best fighter to stand up to President Donald Trump and his allies in Washington, a group they say includes Collins.
Platner also won the support of prominent national Democrats who coalesced behind him in one of the most consequential races of this midterm cycle even after the fresh allegations came to light. Rep. Ro Khanna, D-Calif., stood by Platner at his first major campaign rally in Bar Harbor following the Times report.
Mills, on the other hand, did not endorse Platner when she suspended her campaign after months of trailing him in polls and in fundraising. Instead, the governor, who is term-limited, reminded Maine voters that she is “still on the ballot” as new allegations engulfed her opponent’s campaign.
Sydney Carruth is a breaking news reporter covering national politics and policy for MS NOW. You can send her tips from a non-work device on Signal at SydneyCarruth.46 or follow her work on X and Bluesky.
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