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.
Over the course of June, Donald Trump spent nearly every day focusing attention on assorted construction and beautification projects, emphasizing the unavoidable conclusion that the president takes his renovation crusade very seriously.
His allies aren’t necessarily pleased. The Hill recently reported that Republican officials, worried about the midterm elections and maintaining partisan control, have been “thrown off-balance” by, among other things, Trump’s focus on “pet projects” instead of more meaningful national priorities.
The list of projects keeps growing nevertheless. It includes (but is by no means limited to) the ballroomthe Reflecting Poolthe “triumphal arch,” the fountainsthe horse statuesthe “Trump Promenade,” the “statue garden” and the dozen or so additional renovation projects he’s prioritized in and around the White House complex.
But let’s also not forget the helipad.
A couple of months ago, The Washington PostThe Wall Street Journal and The New York Times separately published similar reports about Trump hoping to build a permanent helicopter landing site on the White House grounds. Evidently, those plans have now advanced to the construction stage. The Post reported this week:
President Donald Trump has begun construction on a new White House helipad, his latest change to the historic grounds, according to three people who spoke on the condition of anonymity because they were not authorized to discuss the project publicly.
Construction crews worked into the night Monday on the White House’s South Lawn, with the project blocked off by a large fence.
The report, which has not been independently verified by MS NOW, added that the project hasn’t yet been formally announced by the White House, even as construction is apparently underway.
It’s not yet clear how much the project will cost, who will pick the tab and whether this has joined the growing list of no-bid contracts.
Unlike some of the president’s other priorities, there is a legitimate issue here — the latest generation of helicopters really do damage the White House lawn — although this doesn’t answer the other lingering questions or explain why Team Trump hasn’t acknowledged the existence of the project.
What’s more, this almost certainly won’t be the last of the Republican’s projects.
Earlier this week, the president used his social media platform to promote an artificial intelligence-generated image of a gold eagle affixed to the White House exterior. Trump added in his online image, “A Golden Gift to the White House for its 250th Birthday Year!”
The text (which erroneously said the White House is celebrating its semiquincentennial) suggested the president intends to add this gaudy addition to his ambitious renovation agenda.
Recent polling has found two-thirds of Americans are convinced their unpopular president simply has the wrong priorities. Trump could take steps to change their mind, but he apparently doesn’t want to.
Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”
The Dictatorship
Hegseth blasts protesters at ceremony for D.C. Safe and Beautiful Task Force: ‘Ingrates’
Defense Secretary Pete Hegseth on Thursday derided protesters at an event in Washington, D.C., tied to the America 250 celebrationscalling the demonstrators “ingrates” who are “blinded by ideology.”
The D.C. Safe and Beautiful Task Force event in Meridian Hill Park was set to begin at 9 a.m. ET but did not start until roughly 30 minutes later, as members of the National Guard waited for Hegseth’s arrival amid a brutal heat wave. Protesters shouted during his brief address, in which he said he was to blame for the delay and praised the troops for their service.
“In fact, this background noise this morning is perfect,” Hegseth said about the protesters, with White House adviser Stephen Miller and acting Attorney General Todd Blanche standing behind him.
“It’s the sound of ingrates, of ingratitude of people who are so blinded by ideology they can’t see law and order and common sense in front of them,” Hegseth said. “That there’s nothing ideological about this group, there’s nothing political about this exercise.”
Some protesters could be heard shouting “Shame!” and “Guard, go home!”
Pete Hegseth: “This background noise is perfect. It’s the sound of ingrates, of ingratitude, of people who are so blinded by ideology they can’t see law and order and common sense in front of them.” pic.twitter.com/aWt5ciuRG3
—Aaron Rupar (@atrupar)”https://x.com/atrupar/status/2072679604184109222?ref_src=twsrc%5Etfw”>July 2, 2026
National Guard troops have been deployed to assist with America 250 celebrations in the capital, though some Democratic governors have warned against their guard members being utilized for a larger federal joint task force to tackle what the Trump administration has called“rampant crime” in Washington.
Many Washington residents are not thrilled with the National Guard’s presence. The controversial America 250 festivities have also sparked criticism from Democrats who accuse President Donald Trump of putting himself at the center of the celebrations.
At the Thursday ceremony, Hegseth suggested the protesters were not from Washington.
“These ingrates will fade away; they’ll go back to wherever they came from,” he said, before asserting that National Guard troops have brought the crime rate down in the capital — a claim that at least one study has found to be inaccurate.
“The crime rate here has dropped in staggering amounts, and the media won’t want to admit it because, of course, they’d have to give credit to President Trump, and then they’d have to give credit to the Department of War or to Stephen Miller,” Hegseth said. “But courageous men like President Trump and Stephen, who said enough is enough, are the reason why this city is a safe and beautiful place.”
Clarissa-Jan Lim is a breaking news reporter for MS NOW. She was previously a senior reporter and editor at BuzzFeed News.
Stephanie Ruhle said she was left “almost speechless” after the release of Donald Trump’s new financial disclosureswhich reported he raked in more than $2 billion since returning to the White House. “Man, it looks good to be president,” the “Money, Power, Politics” host said Wednesday.
According to the 927-page document released Tuesday, Trump’s income has only increased since retaking the White House. The president reported almost $575 million in real estate and golf-related income and another $68.6 million in royalties and licensing fees.
But, as Ruhle pointed out, $1.4 billion of Trump’s 2025 total comes directly from one industry: crypto.
Despite having called that industry a “scam” and a “disaster waiting to happen” in 2021, Trump has in recent years appeared to have a change of heart about digital currency.
“That was just five years ago, but now he is a major crypto industry operator and essentially its top policy maker,” the MS NOW host said. “Remember, he is the one who appointed regulators that changed the rules to hugely benefit the crypto industry, and since he came back to office, he has either completely dropped or settled a whole lot of cases with crypto companies.”
As Trump rakes in more cash, Ruhle said the American people are not experiencing the same kind of prosperity, in part because of the administration’s policies. “[They] are suffering, whether it’s because of tariffs, whether it’s because of inflation, whether it’s because of increased costs, because of the war in Iran,” she said.
While Ruhle noted the president has said he does not choose his investments and has said they are in a “blind account,” she said the American people should not ignore how much Trump has profited since returning to the White House.
“Here’s what you need to know: All of this would be a major conflict of interest — a huge scandal — if it were any other presidency,” she argued.
You can watch Ruhle’s full breakdown in the clip below.
Allison Detzel is an editor/producer for MS NOW. She was previously a segment producer for “AYMAN” and “The Mehdi Hasan Show.”
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