Opposing the president-elect's nominations
Over the Thanksgiving weekend, Trump nominated conspiracy theorist Kash Patel as FBI Director and convicted tax fraudster Charles Kushner (Jared’s father) as Ambassador to France. Trump also nominated his daughter Tiffany’s father-in-law, Massad Boulos, as a senior adviser covering Arab and Middle Eastern affairs.
Last week I wrote that “Few imagined how bad Trump's nominees would be.” That statement was made before the nominations of Patel and Kushner, nominations that ratcheted up the sickening stream of dangerous, unqualified, and insulting choices that are collectively and individually the worst nominations in our nation’s history.
It is important to understand how disastrous these nominations will be for the US. However, it is not enough to bemoan and condemn Trump's nominations. This newsletter isn’t intended to be a pity party. It is a call to action.
We must flood our representatives in Congress with feedback from constituents demanding that they place the interests of the United States above the revenge agenda of the Republican leader. In the short term, that is what we can do—so we must do it. In the mid range, we can set about defeating Trump's enablers at the ballot box. There must be a political price to pay for supporting party above country and for being cowards when our nation needed courageous leaders.
Before turning to individual nominees, let’s examine the stakes. For once, Trump has been consistent in his actions and has stayed “on message”—in a bad way. His nominations can be grouped into three broad categories:
He seeks to weaken, if not destroy, the US intelligence community and federal law enforcement agencies—in retribution for their temerity in seeking to hold him to account for his crimes. Matt Gaetz (DOJ), Pam Bondi (DOJ), Tulsi Gabbard (NDI), Kash Patel (FBI), Stephen Miller (Depty. Chief of Staff), Kristi Noem (Homeland Security), Sebastian Gorka (Depty. Ass’t to President), John Ratcliffe (CIA), Pete Hegseth (DOD), and Matthew Whittaker (NATO).
He seeks to weaken, if not destroy, the federal government’s healthcare and science expertise—in retribution for their temerity in challenging his lunatic ideas about COVID. Robert Kennedy (HHS), Dr. Oz (Medicare), Jay Bhattacharya (NIH), Dave Weldon (CDC), and Martin A. Makary (FDA commissioner).
Finally, he seeks to destroy the administrative state—a “quid pro quo” to the business community for supporting a candidacy that was designed solely to evade his criminal liabilities. Elon Musk (Government Efficiency), Vivek Ramaswamy (Government Efficiency), Linda McMahon (Education), Russell T. Vought (OMB), Chris Wright (Energy), Brendan Carr (F.C.C. Chair).
Let’s take a look at Trump's most recent nominations
Kash Patel is the sworn enemy of the FBI—so Trump intends to nominate him as FBI Director
Kash Patel is in a love-hate relationship with the FBI. Patel wants to destroy the FBI while converting it into a weapon of political vengeance.
Patel has promised to “shut down” the FBI headquarters in Washington, D.C. on his first day as director of the FBI and re-open the FBI Headquarters the next day as a “museum to the deep state.” He said,
I'd shut down the FBI Hoover Building on day one and reopen the next day as a museum of the deep state. And I'd take the 7,000 employees that work in that building and send them across America to chase down criminals.
But he has also threatened to use the FBI to harass journalists and politicians who sought to hold Trump accountable for his crimes. Patel said,
[W]e’re going to come after the people in the media who lied about American citizens, who helped Joe Biden rig presidential elections — we’re going to come after you. Whether it’s criminally or civilly, we’ll figure that out.
Note that the man who is supposed to “pursue justice” has said that retribution comes first—and “we’ll figure out” why the FBI is harassing US citizens later.
Patel’s twin aims for the FBI should be immediately disqualifying. But prominent Republicans flocked to the TV talk shows on Sunday to defend Kash Patel as a “reformer” who will “root out” the partisanship in an FBI that is dominated by right-wing MAGA leadership as it is.
Bill Barr famously said that that Kash Patel would be appointed Deputy Director of the FBI “over my dead body.” See Joyce Vance, Civil Discourse on Substack, The New Matt Gaetz.
Likewise, former acting director of the FBI, Andrew McCabe, said on CNN,
The fact that Kash Patel is profoundly unqualified for this job is not even like a matter for debate. . . . The installation . . . of Kash Patel as FBI director, can only possibly be a plan to disrupt, to dismantle, to distract the FBI and to possibly use it as a tool for the president’s political agenda.
McCabe was virulently anti-Hillary Clinton, leaking damaging information to the WSJ during the 2016 campaign. (McCabe lied to then Director James Comey about the leak and was later fired for his conduct). The fact that a rogue ex-FBI Director is alarmed by Kash Patel speaks volumes.
The nomination of Kash Patel should be viewed as an assault on the US intelligence community. Although people frequently think of the FBI as chasing bank robbers and kidnappers, it plays a critical role in counterterrorism and intelligence gathering.
The FBI is a member of the US Intelligence Community and has a dual report to the Director of National Intelligence (Tulsi Gabbard). It is charged with US counterterrorism investigations and maintains 60 offices overseas (primarily to coordinate with foreign intelligence agencies).
Indeed, Kash Patel has said that he wants to extricate the FBI from intelligence activities—a move that will make all Americans less safe in a dangerous world. See AP, Trump says he'll nominate Kash Patel as FBI director to remake the agency. Here's what happens next. Per AP,
Patel has also talked about disentangling the FBI’s intelligence-gathering activities — now a core function of the bureau’s mandate — from the rest of its law enforcement operations. It’s unclear whether he intends to carry through on that pledge or how it would be greeted at a time when the U.S. is facing what officials say is a heightened threat of terrorism.
As background for the upcoming fight over Kash Patel, I recommend several sources.
First, Joyce Vance’s excellent analysis in Civil Discourse, The New Matt Gaetz.
Next, The Guardian takes a deep dive into Kash Patel’s conspiracy theory past: Conspiracy theorist Kash Patel, Trump’s pick to lead FBI, faces Senate blowback | FBI | The Guardian
Finally, see the NYTimes, Kash Patel Would Bring Bravado and Baggage to F.B.I. Role. (Accessible to all.) The Times article is long on detail but short on self-awareness or political insight. For example, whatever Kash Patel's nomination means, it is not about “bravado” or “baggage.”
Patel’s threat to pursue journalists appears more than two dozen paragraphs into the Times’ story. In a democracy that is still hoping and pleading with legacy media to raise the alarm about Trump's intentions, twenty-four paragraphs into a story is not the right emphasis for an article about an FBI enforcement policy that would convert the FBI into a partisan police force directed at the media.
The Senate should reject Patel’s nomination. But Trump may attempt to place Patel in an “acting Director” role by manipulating the Federal Vacancy Reform Act. See Congressional Research Service, The Vacancies Act: A Legal Overview.
Trump's nomination of Charles Kushner as Ambassador to France is insulting to France and the US
Jared Kushner’s father—Charles Kushner—is a convicted tax fraudster who engaged in witness tampering while he was under investigation. Donald Trump pardoned Charles Kushner during Trump's first term. Trump has now nominated Charles Kushner as Ambassador to France.
It is difficult to imagine a less fitting Ambassador to France the Charles Kushner.
While Kushner was under investigation for tax fraud, his brother-in-law was a cooperating witness. Kushner hired a prostitute to seduce his brother-in-law and filmed the sexual encounter in a hotel room between his brother-in-law and the prostitute.
Kushner then sent the video of the sexual encounter to his sister to induce her to dissuade her husband from testifying against Kushner. See ABC News, Trump wants pardoned real estate developer Charles Kushner to become US ambassador to France.
The nomination of Charles Kushner as US Ambassador to France is the diplomatic equivalent of flipping the middle finger to a foreign nation. France would be well within its rights to refuse to receive Kushner as the Ambassador and tell the US to recall Kushner to the states.
In the Vienna Convention on Diplomatic Relations, a nation has the unilateral authority to expel an ambassador:
The receiving state may at any time and without having to explain its decision, notify the sending state that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the mission is not acceptable. In any such case, the sending state shall, as appropriate, either recall the person concerned or terminate his functions with the mission.
See Foreign Policy, So, How Do You Expel an Ambassador, Anyway? – Foreign Policy
President Biden pardoned his son Hunter Biden on Sunday. Against the orgy of Trump pardons of family, friends, and advisers, Biden’s pardon of his son on minor charges pursued for political purposes seems quaint and unremarkable. Biden’s reasons for pardoning his son are understandable—and probably meritorious. But Biden’s decision will become precedent for future pardons—by presidents with flimsy or corrupt reasons for pardoning family members. What is done can’t be undone, but the decision to grant a pardon to Hunter Biden was unwise and will further undermine the presidential pardon power.
And yes, I do understand the differences between Biden’s decision and the pardons issued by Trump. But examining the Hunter Biden pardon through the lens of the interests of the American people, it was unwise.
After I wrote last week that the nomination process has been more difficult than expected, I received several comments from readers (and my Managing Editor), saying, “Thanks for acknowledging that the nomination process has been worse than expected.”
It feels like we are living in a world turned upside down. Sexual abusers and convicted criminals are being nominated to positions of trust and honor. Demagogues who want to destroy the federal government are being granted leading roles in agencies they will seek to destroy. Unqualified, ignorant conspiracy mongers are being entrusted with the health and safety of our children and elderly. Disgruntled and aggrieved “ne’er do-wells” are being placed in charge of the US counterterrorism agencies.
If you feel like the subject in Edvard Munsch’s painting, The Scream, there is nothing wrong with your radar. You should feel that way—and more. I add the “and more” modifier because much of the press is still reporting on the nominations as if they are the player line-up being announced at Yankee Stadium on a Sunday afternoon.
The nominees represent a threat to the safety and stability to our society as a whole. Discussing the nominees’ “bravado” and “baggage” and “lack of experience” is misleading. The “lack of experience” is a feature, not a bug. What better way to destroy a federal agency than nominating someone who has no idea what the agency does? See, e.g., The Independent, Trump taps GOP megadonor with no military experience to head up US Navy.
We must attempt to derail as many of these nominations as possible—but especially Kash Patel, Pete Hegseth, Tulsi Gabbard, and Robert Kennedy. Call or write your Senators and make your voice heard: U.S. Senate: Contacting The Senate. Even unsuccessful efforts to stop some nominations will lay the groundwork for opposition to future actions. No effort is wasted, even if the fruits of that effort are not immediately visible.
[Robert B. Hubbell Newsletter]
