Showing posts with label ethics issues. Show all posts
Showing posts with label ethics issues. Show all posts

Tuesday

The U.S. Government Has Become the Ultimate Extension of Donald Trump’s For-Profit Brand

By

In a lawsuit filed today, the attorneys general of the state of Maryland and the District of Columbia claim that by accepting millions of dollars and countless more perks from foreign governments, President Trump is at the center of an “unprecedented constitutional violation.” Whether it’s $270,000 in payments from a lobbying firm working for the Saudi government or praise from the Ambassador of Georgia (also a paying customer), Trump’s hotels and properties continue to rake it in from governments across the globe, from Turkey to Kuwait to India to Afghanistan to Qatar.

The attorneys general claim that “President Trump’s personal fortune is at stake,” whenever he makes a policy decision, whether it be about taxes, climate change, or foreign relations — a troubling notion, to say the least. According to the lawsuit, Trump’s continued entanglement in his business violates the constitutional emolument clause that, in theory, prevents the president from taking payments from foreign governments. The lawsuit is damning, saying, “never before has a President acted with such disregard for this constitutional prescription.”

Trump, of course, still profits directly from his business dealings, since he has not divested from his business holdings in any way.

I’ve spent the last five months researching the Trump family’s global brand-based empire and the various ways that the president has turned the U.S. government into the ultimate extension of his for-profit brand, so far without any repercussion. So it’s good to see the law starting to catch up. But the lawsuit touches on a fraction of the ways in which Trump is actively profiting from the presidency. As I write in the introduction to “No Is Not Enough,” we are seeing this unprecedented level of self-dealing because Trump’s business model is itself relatively new, and certainly a first for a sitting president:
Trump was never the head of a traditional company but has, rather, long been the figurehead of an empire built around his personal brand — one that has, along with his daughter Ivanka’s brand, already benefited from its merger with the U.S. presidency in countless ways (membership rates at Mar-a-Lago have doubled; Ivanka’s product sales, we are told, are through the roof). The Trump family’s business model is part of a broader shift in corporate structure that has taken place within many brand-based multinationals, one with transformative impacts on culture and the job market.

What this model tells us is that the very idea that there could be – or should be – any distinction between the Trump brand and the Trump presidency is a concept the current occupant of the White House cannot begin to comprehend. The presidency is the crowning extension of the Trump brand.

We are in entirely uncharted territory, because let’s face it: human megabrands are a relatively new phenomenon. There’s no rulebook that foresaw any of this. People keep asking — is he going to divest? Is he going to sell his businesses? Is Ivanka going to? But it’s not at all clear what these questions even mean, because their primary businesses are their names. You can’t disentangle Trump the man from Trump the brand; those two entities merged long ago.
There’s a whole web of ways the Trumps can make money off their names and their official and unofficial roles in the White House. Patronage at Trump hotels and resorts by foreign governments and corporations is probably the least of it. Here’s an extract from another relevant chapter:
The conflicts tipped into self-parody on April 6, 2017, when, the Associated Press reported, “Ivanka Trump’s company won provisional approval from the Chinese government for three new trademarks, giving it monopoly rights to sell Ivanka brand jewelry, bags and spa services in the world’s second-largest economy.”

But that’s not the only thing that happened that day. “That night, the first daughter and her husband, Jared Kushner, sat next to the president of China and his wife for a steak and Dover sole dinner at Mar-a-Lago.” A political summit whose details had been arranged by none other than Jared Kushner. This goes well beyond nepotism; it’s the U.S. government as a for-profit family business.

And a new twist since the book went to press. In China, three labor activists were detained by the government in May while investigating conditions at factories that make shoes for Ivanka Trump’s brand. This news came not long after the U.S.-based China Labor Watch alleged that some workers in factories that produced for Ivanka’s brand were paid what amounted to less than a dollar an hour, while being forced to work 12.5-hour days, six days a week. Despite mounting international condemnation, the activists have yet to be released. Could it be that the Chinese government decided to provide the ultimate service to the Trump family of brands: silencing whistleblowers who were exposing ugly corporate truths?

A New York Times reporter wrote earlier this month that, upon visiting Trump’s golf course in Bedminster, New Jersey, she was given a (now-discontinued) brochure dangling the possibility of a treat from Trump himself: “If he is on-site for your big day, he will likely stop in.” Despite protestations to the contrary, the idea that Trump-the-man is still deeply involved in Trump-the-business is very much a part of the whole offer of Trump-branded hotels and clubs. And nowhere more so than at Mar-a-Lago:
Mar-a-Lago has already increased its membership fees, to $200,000 from $100,000. And why not? Now, for your fee, you might find yourself witnessing a high-stakes conversation about national security over dinner. You might get to hobnob with a visiting head of state. You might even get to witness Trump announcing that he has just launched an air assault on a foreign country.

And, of course, you might even get to meet the president himself, and have the chance to quietly influence him. (No public records are kept of who comes and goes from the club, so who knows?) For decades, Trump has been selling the allure of proximity to wealth and power — it is the meaning of his brand. But now he’s able to offer, to his paying customers, the real deal.

Anything that increases Donald Trump’s visibility, and the perception of him as all-powerful, actively increases the value of the Trump brand, and therefore increases how much clients will pay to be associated with it — to slap it on their new condo development, say, or, on a smaller scale, to play on his golf courses or buy one of his ties.
Meanwhile, the Trump Organization has worked relentlessly to expand its global reach. And why not? The brand is more visible now than ever before, and customers are willing to pay. As the lawsuit states, Trump’s “high office gives the Trump brand greater prominence and exposure.” And this is the heart of what we need to understand about how dangerous it is to have a president who is in the business of selling not any one particular product but his name:
Given that what the Trump sons — Eric and Donald Jr. — are selling is ephemeral (a name), a buyer could pay $6 million for it or could pay $60 million. Who’s to judge what constitutes a fair market-value price? More worryingly, who’s to say what services are being purchased when a private company pays millions to lease the Trump brand? Do they really think it’s that valuable to their condo tower, or do they think that by throwing in an extra $5 million, they might be looked on more favorably in other dealings that require a friendly relationship with the White House? It’s very difficult to see how any of this can be untangled. A brand is worth whatever buyers are willing to pay for it. That’s always been the appeal of building a business on this model — that something as ephemeral as a name could be vested with such real-world monetary value.

What’s extraordinary about Donald Trump’s presidency is that now we are all inside the Trump branded world, whether we want to be or not. We have all become extras in his for-profit reality TV show, which has expanded to swallow the most powerful government in the world.
The Trumps aren’t going to stop coming up with new ways to cash in on the presidency anytime soon. Since I finished writing “No Is Not Enough,” they’ve announced yet another creative new way to turn the White House into a for-profit family business, which I wrote about last week.
Enter American Idea, “a new midscale brand” hotel chain whose first properties will be in Mississippi, a red state where Trump won 18 percentage points more of the popular vote than Hillary Clinton. This is not just an attempt at crashing the Comfort Inn niche by wrapping it in stars and stripes. It’s also the most vivid window yet into the myriad ways the Trump family is transforming the presidency into a for-profit family business, annihilating the line between government and their web of brands.

It turns out that while the Trump kids were on the campaign trail last year, they weren’t just stumping for their father — they were conducting market research on ways to profit from Trump voters. The sons would return to Trump Tower and report on the quaint and old-timey tastes enjoyed in “real America,” as Eric Trump described it on “Good Morning America.”

As Donald Jr. put it, he realized “there’s something here, there’s a market here that we’ve been missing our entire lives by focusing only on the high end.” And there were more perks to tagging along on the campaign trail. They also met people who donated to the Trump campaign, and some of those very people are now the first partners for this new venture.

So let’s unpack that a bit. In Trump’s world, voters are future customers, campaign donors are future investors, and election results are a rich vein of consumer data.
The new lawsuit, though welcome, is only the first step of understanding the merger of the Trump Organization and the White House – with its almost infinite possibilities for corruption and influence peddling.

Saturday

How Much Mussolini Is There in Donald Trump?

 Can Donald Trump be called a fascist? His political rhetoric makes it tempting to lump him into that category. That, though, wouldn't be helpful.

If Donald Trump were a fascist and his regime governed as such, the likely outcome would be that America's true champions of democracy would ultimately dare a revolt in order to defend their freedom. The rest of the West, which stands universally for freedoms like democracy and human rights, would also have no choice but to support this insurrection, even if it turned into a civil war.

So is he a fascist? "Yes, a Trump presidency would bring fascism to America," conservative Washington Post columnist Robert Kagan wrote in May. "Trump is a fascist," SPIEGEL ONLINE columnist Jakob Augstein recently offered. "Trump is a media figure and a fascist of our times," Fred Turner, a communications researcher at Stanford University recently wrote for the German weekly Die Zeit. "This is surely the way fascism can begin," New Yorker Editor in Chief David Remnick wrote the day after Trump's election.

Fascism is both a historical and political term. Historically, it describes regimes from the first half of the 20th century in Europe that were authoritarian and had a high propensity for violence. Politically, it has been deployed ever since as a battle cry used to lump opponents into the same camp as Benito Mussolini and Adolf Hitler in an effort to discredit and silence them. Many perfectly democratic politicians have been blasted as fascists by the left without the slightest justification.

That is not what is happening here. Trump's unscrupulous behavior during the election campaign, his racism and his threat to jail Hillary Clinton (though apparently withdrawn this week) go well beyond what is acceptable in a democracy. No comparisons can be made to George W. Bush or to Ronald Reagan -- Trump is in a category of his own. Unless, of course, what we are seeing is fascism.


What Is Fascism?

If it is fascism, then it would be a disaster on a global scale. See above. But if it isn't fascism, it would be a defamation of Trump's voters to call it that, akin to accusing them of helping to bring a fascist to power and potentially driving them away from democracy forever. That's why we must exercise great care when using the term. What is fascism and how does it relate to Trump? Or to the right-wing populist Alternative for Germany party, the Freedom Party of Austria, France's Front National or Viktor Orbán in Hungary?

In February, fascism expert Robert Paxton told the online magazine Slate that Trump "even looks like Mussolini in the way he sticks his lower jaw out." There are also parallels when it comes to his treatment of women: Mussolini was accused of being addicted to sex (a charge, it must be said, that was never levelled at Hitler). At the political level, though, comparison is difficult because there are so many different ideas about what truly constitutes fascism.

Action française, which formed at the end of the 19th century, is considered Europe's first fascist organization. Mussolini's Italy became the first fascist country, followed by Hitler's National Socialist Germany. Hungary, Croatia, Spain and Portugal also developed regimes during the 1930s and 1940s that had fascist elements. But the differences between Nazi Germany and Francisco Franco's Spain were so great that it's difficult to mention them in the same breath. Franco was a dictator, but didn't seek control of his subjects' thoughts and private lives. He wasn't an imperialist and he didn't seek to eradicate Judaism.

One early definition comes from German historian Ernst Nolte, who wrote a fair amount of nonsense in his career but who was an undisputed expert on fascism. He described it as such: "Fascism is anti-Marxism which seeks to destroy the enemy by the evolvement of a radically opposed and yet related ideology and by the use of almost identical and yet typically modified methods, always, however within the unyielding framework of national self-assertion and autonomy." It's a long-winded sentence and it provides little by way of orientation today, given that the Soviet Union no longer exists and Marxism is no longer considered be a real political adversary.


The Features of 'Ur-Fascism'
  
In the mid-1990s, when fear broke out over the possibility of a new fascism in Russia, novelist and scholar Umberto Eco defined elements of an "Ur-Fascism." The main question he posed at the time was this: Is there a way of defining fascism to make it recognizable during any period of time? Eco had experienced Mussolini's Italy as a boy and wrote about how he won an essay contest in 1942 on the subject "Should we die for the glory of Mussolini and the immortal destiny of Italy?" His answer? Yes, of course we should die. "I was a bright boy," he wrote in the 1995 article, which appeared in the New York Review of Books.

Should we die for Trump's glory and the immortal destiny of the United States? If this question is ever asked of American students, then they will, without a doubt, be living under fascism. In order to prevent his own experiences from happening again, Eco developed an early warning system including 14 different features that define Ur-Fascism -- a fascism test, as it were. It can be applied to Trump in terms of what is known about him politically, knowledge that comes primarily from the campaign.

"The first feature of Ur-Fascism is the cult of tradition," Eco begins. It has to do with the "primeval truth," the pseudo-religious "syncretistic" elements of a fascist movement. That's not a pronounced characteristic with Trump. He hails from the worlds of real estate development and reality TV, and thus far there haven't been any significant signs of religious or philosophical underpinnings to his movement. So that criterion, at least, does not apply.

Feature No. 2 is the "rejection of modernism," of capitalism, but also of Enlightenment and the Age of Reason -- the "Spirit of 1789," Eco wrote, in reference to the French Revolution. Trump is himself a capitalist, but politically he has shown a strong tendency towards the irrational and intemperate. No determination is yet possible on this point.


'Distrust of the Intellectual World'
 
Clearly applicable is feature three, which includes a "distrust of the intellectual world." In Trump's world, most intellectuals are considered to be part of the hated "Establishment."
Feature four for Eco is an entirely closed worldview that considers any disagreement to be "treason". That kind of worldview to which all must submit is not currently detectable in Trump.

In point five, he writes that Ur-Fascism "seeks for consensus by exploiting and exacerbating the natural fear of difference. The first appeal of a fascist or prematurely fascist movement is an appeal against the intruders. Thus Ur-Fascism is racist by definition." Here, it sounds as though Eco could have been writing directly about Trump, AfD or Marine Le Pen.

Point six states: "Ur-Fascism derives from individual or social frustration. That was why one of the most typical features of historical fascism was the appeal to a frustrated middle class, a class suffering from an economic crisis or feelings of political humiliation and frightened by the pressure of lower social groups." It would be impossible to more aptly describe Trump's appeal to his voters.
Nationalism is the seventh point in Eco's list -- in other words, Trump in his purest form.

At the halfway point of Eco's symptoms of Ur-Fascism, it's clear that four of the criteria speak in favor of a fascism verdict, two are against it and one is undecided.

Point eight: "The followers must feel humiliated by the ostentatious wealth and force of their enemies." As a boy, Eco wrote, he was taught that the English ate five meals a day, "more frequently than the poor but sober Italians." He was also taught that Jews were disagreeably rich. Although Trump is said to be a billionaire, many of his supporters are driven by rage against an establishment they see as having enriched itself.

In identifying Ur-Fascism, point nine holds that "there is no struggle for life but, rather, life is lived for struggle." In other words, permanent warfare. That definitely has not been a part of Trump's message.

As for point 10, Eco says that Ur-Fascism reflects what he calls a "mass elitism." Those who are members of the movement, the party or the nation look down on everyone else. Surely some of Trump's white supporters disdain African Americans, but the feeling of indignity is still greater than the idea of superiority.

"The Ur-Fascist hero is impatient to die," Eco writes in point 11. Furthermore, everyone would be raised in this spirit. That doesn't apply.

Criterion number 12: The Ur-Fascist "transfers his will to power to sexual matters." That is true of Trump.

Point 13: "Whenever a politician casts doubt on the legitimacy of parliament because it no longer represents the Voice of the People, we can smell Ur-Fascism." That is at the core of right-wing populism. They like to claim that those in power in Washington, Berlin or Paris are out of touch with what "the people" want.



 
 

Trump turns to Washington lawyer to navigate legal, ethics issues

By Roberta Rampton and Steve Holland 


President-elect Donald Trump on Friday chose Washington insider Donald McGahn to be his White House counsel, giving him the job of untangling potential conflicts of interest that the New York businessman's presidency may present.

McGahn, a former chairman of the Federal Election Commission, had been the chief counsel of the Trump campaign and was one of the few members of the Republican establishment to embrace the outsider candidate.

While Trump during his campaign frequently promised to "drain the swamp" of the political establishment in Washington, McGahn has an extensive history in the capital, especially in conservative politics.

McGahn served for years as counsel to the National Republican Congressional Committee, the arm of the Republican Party that oversees campaigns for the U.S. House of Representatives.

During his time at the FEC, McGahn was an advocate for loosening restrictions on campaign spending and was widely praised for opening up more of the commission’s internal processes to the public.

Along with providing guidance on ethics issues, the White House Counsel's office advises the president on the legality of proposed executive orders and legislation passed by Congress and vets potential administration appointees, including Supreme Court justices.

“Don has a brilliant legal mind, excellent character and a deep understanding of constitutional law,” Trump said in a statement.

Trump, a businessman who has never held public office, has real estate and leisure holdings all over the world, sparking concerns that his investments could color his decision-making in office. Trump has said that he will hand over day-to-day responsibilities of running his company to his children, but he has resisted calls to place his assets in a blind trust.

Trump also has expressed interest in finding a way to bypass a federal anti-nepotism law in order to give his son-in-law, Jared Kushner, a formal White House role.

When Trump met with President Barack Obama earlier this month, Obama advised Trump during their Oval Office chat that his White House counsel would be an important job.

Trump has vowed to reverse Obama’s executive orders in a number of areas, including immigration and gun control. He also must nominate someone to fill the vacancy on the Supreme Court left by the death of Justice Antonin Scalia. McGahn will be tasked with shepherding the nominee through confirmation hearings.

Trump, who is spending the Thanksgiving holiday weekend at his home in Palm Beach, Florida, also continued to round out his national security team on Friday, naming Kathleen Troia "K.T." McFarland, as his deputy national security adviser.

McFarland served in three Republican administrations and was an aide to Henry Kissinger in the 1970s. A strong backer of Trump during the election campaign, McFarland will work with Lieutenant General Michael Flynn, Trump’s pick as his national security adviser.


Neither position requires confirmation by the U.S Senate.

The appointments came amid reports that Trump’s aides are divided about his choice for secretary of state, with some preferring 2012 Republican presidential nominee Mitt Romney, who harshly criticized Trump during the campaign, and others backing Rudy Giuliani, the former New York City mayor.

Transition officials on Friday downplayed any internal tension, calling reports of discord “overblown.”

Officials said that after returning to New York, Trump will meet with several more potential cabinet picks on Monday, including John Allison, the former chief executive of BB&T Corp who has been mentioned as a possible choice for U.S. Treasury secretary, and Paul Atkins, a former commissioner of the Securities and Exchange Commission.