Yesterday, Donald Trump's lawyers saw the writing on the wall and realized his and his kids' "lawsuit" against the IRS was going to be carefully investigated by the judge in the case, which would put his latest, greatest grift at risk. So, his lawyers filed a "notice" dismissing the fake case with prejudice (notice is in quotes, because it should be styled as a request to dismiss the case). Moments thereafter, Trump's former personal attorney, and current acting Attorney General Todd Blanche announced the official creation of a $1.776 (get it?) billion slush fund to be doled out by a committee appointed by Blanche. Supposedly, anyone who has felt they've been wronged by the Justice Department is eligible to receive some funds. But you should take that promise with several grains of salt.
Such flagrant and large-scale grift, and all in one fell swoop, has no real precedent in American history. Wherever Boss Tweed, the Teapot Dome guys and Spiro Agnew are right now, they're surely impressed. If you tried to put this into a movie, the audience wouldn't buy it. But you can't make this stuff up. Really. If you don't believe us, check the story at The New York Times, Forbes, Bloomberg, ABC News, CNBC, or Vox. They can't all be wrong. But if you don't trust any media outlet, then how about a press release from Rep. Jamie Raskin (D-MD), ranking member of the House Judiciary Committee? Here is the first paragraph of Raskin's statement:
Donald Trump is orchestrating a $1,700,000,000 fraud on the American taxpayer to line the pockets of his MAGA political allies, another installment in his ongoing effort to turn the federal government into a personal cash machine for his unpopular extremist movement. This is a massive and unprecedented presidential plunder of the American people. Worse still, this is only the beginning—a declaration that the prior payouts were just a down payment, and that he now intends to earmark billions more in taxpayer dollars for his political allies, sycophants and private militia of unemployed insurrectionists.
Nice that Raskin wrote the number out in full rather than writing $1.7B. Makes it look bigger. Raskin should have written $1,776,000,000.00 though, with the silly number tricks and the "cents."
Here is the backstory. Trump sued the IRS for $10,000,000,000.00 because IRS supposedly leaked his tax returns. He also filed a couple of other lawsuits against the government. The IRS had to respond to the lawsuits. Instead of saying: "Buzz off, see you in court," the agency, which is ultimately under Trump's control, said: "Let's make a deal. We will give you $1,776,000,000 ($1.776B) to settle all the lawsuits." So, Trump was effectively negotiating with himself, which may be the only way he can actually come out on top in a negotiation. Trump the defendant wanted the problem to go away so he offered Trump the plaintiff a great deal and Trump the plaintiff took it.
The nature of the deal is that Trump gets a giant slush fund run by a secret board Blanche appoints (but that Trump can fire) and which makes secret decisions about what happens to that money. One thing that seems likely is that the Jan. 6 rioters who tried to overthrow the government by force will get some of it. There were 1,600 of them. Suppose each one gets, say, $100,000. That would leave $1,540,000,000 in the slush fund for Trump to do whatever the wanted. Rioters happy, Trump happy, Raskin unhappy, but you can't please all the people all the time.
At the moment, some of the details are fuzzy, presumably intentionally so. Most obviously, it's not clear who can, and cannot, lay hands on the money. Reportedly, the "settlement agreement" bars Trump and his two sons (i.e., the parties to the now-dropped lawsuit) from claiming any portion of the fund. But the Trumps have spent their whole lives doing end runs around rules like this. For example, what if the secret committee decides that the Trump Organization has been damaged to the tune of $1.2 billion? Well, that payment would not go to the Trumps, technically, it would go to the "person" that is their S-Corp. And yet, the money would end up in their pockets, anyhow. Alternatively, this is also a president who has claimed that [THING X] is true of some amount of money, and then moved on to [THING Y] once attention died down. For example, does anyone know anymore where the ballroom donations went, or whether they will ever actually be used on this project? Or where all the inaugural celebration funds went? We certainly don't.
Will this scam work? Who knows? George Washington didn't try to rip off the government. Neither did John Adams, Thomas Jefferson or any other president until now. Could someone stop this? Well, there may be a few potential obstacles:
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.This would seem to say that Congress would have to appropriate the money. Would the votes be there? We doubt it, since any senator or representative voting for it would have to defend that vote until the cows come home. Could Trump just write a check for $1,776,000,000.00 and sign it and give it to his board to scan using the banking app the board uses? Needless to say, the audacity here is breathtaking and the legality questionable at best if Trump tries to take the money without a formal appropriation from Congress.
If Trump tries to pull this off without an appropriation, it is possible that a future AG would regard this as theft and could indict Trump for it. Of course, Trump is almost certain to pardon himself on the way out the door. But the AG could take the position that: (1) self-pardons are not valid and (2) a pardon can only be issued after someone has been convicted of a federal crime, and indict Trump anyway, saying: "Eventually the Supreme Court will have to decide if my position is correct." The AG could also request that the judge refuse bail because Trump is a flight risk. Further, since the theft would have taken place in D.C. the U.S. attorney for D.C. could indict Trump, in which case the pardon wouldn't matter since the president can pardon only crimes against the United States and this could be regarded as common theft or maybe fraud (writing a bad check or equivalent), which violates D.C laws.
One last observation. Actually, more like a question. Why on Earth would Trump try this before the midterms? Just the attempt is going to be an anchor around the neck of the GOP. And if he actually pulls it off, then the anchor will grow much, much larger. Democrats will use this, and the billion-dollar ballroom, and several other grifts, and note that somehow there's money for Trump and his cronies, but not for, say, healthcare for ordinary Americans. That's not only powerful stuff, it would also be political malpractice for the Democrats NOT to exploit it. Trump's not the sharpest tool in the shed, but his political instincts are usually pretty good. Isn't this something that could wait until, say, November 4, 2026?
We have absolutely no information that helps explain what is going on here, so all we can do is speculate. We have seven theories, some of them pretty far out there. After all, we are a full-service operation. Here are our theories, from most to least likely:
Again, these are just our best guesses. And we acknowledge that some of them are pretty conspiratorial. But it's not like Trump hasn't given us reason to be suspicious of sinister things going on behind the scenes. Anyhow, if readers want to tell us we're out to lunch, or want to offer alternate theories as to why Trump would pursue something so impolitic just months before a crucial midterm election, the e-mail address is comments@electoral-vote.com.
We'll also say a couple of other things about the politics of this. First, the "1776" thing is just a little too precious. We don't think a single person will say "You know, I wasn't liking this idea, but it's patriotic, so OK!" However, we could imagine people who look at this and conclude that all of Trump's "patriotism" is just performative B.S., and that other "patriotic" projects, like the Arc de Trump, are actually scams.
Second, the terms by which the slush fund will operate are pretty broad, because they want to be able to pay out a lot of different kinds of cronies. But what happens if James Comey applies for some money? Or Letitia James? Or Sen. Mark Kelly (D-AZ)? The shadowy figures who are going to administer the fund won't pay those people, of course, and the Trump targets will be able to go on TV and/or file lawsuits that bring all kinds of attention to the fact that the whole thing is just self-dealing. That trio, joined by a few others, could give Trump & Co. several black eyes before this is all said and one.
You know this is Bad Stuff when the billionaire-friendly, Jeff-Bezos-owned Washington Post has an editorial attacking the deal. If it doesn't fly with billionaires, is it going to fly with average Americans?
And that brings us to the end of an item with a very rare contributors' signature. Can you tell which part was written by which person? If it helps, the word count is fairly even; around 33% each. If you'd like to check your guesses, click here. (V, L & Z)
We've actually had this item on the "to do" list for a few weeks. If ever there is a day to run it, today's definitely that day.
Both the Republicans, led by Donald Trump, and the Democrats, led by no one, are trying to hammer out their midterm messaging. And both sides are getting pretty serious about the same issue, albeit a slightly different word for it on each side. To wit, the Democrats think that "corruption" is a potential winner, while Trump and the Republicans quite like "fraud."
We'll begin by talking about the Democrats' side of that, since they will have an embarrassment of riches to choose from. Here's a list of ten instances of corruption from Trump and other prominent Republicans. This is not an exhaustive list, by any means, and we are attempting to include both recent examples and particularly egregious examples (of course, some examples are both recent AND egregious):
Again, the blue team has a veritable smorgasbord of things to choose from here.
Of course, there is such a thing as "too much of a good thing." And the Democrats do have a history of tripping over their own feet, and failing to distill their message down to something manageable. Put another way, it is probably not wise to make hay out of all of these things. The savvy thing to do, in our view, would be to pick about three or four particularly bad grifts—the ones that really get voters hopping mad—and to hit on those over and over. All the better is if it can be boiled down into a pithy sound bite, like: "slush funds and airplanes and pardons for sale, oh my!" We are confident that the slush fund is Trump's biggest Achilles' heel on this front, and we assume that Democrats are focus grouping to see what other grifts particularly land with voters. If they are not, they should call up Sarah Longwell from The Bulwark, and let her figure it out.
When it comes to Republicans, and "fraud," the story is rather different. The general plan is to make broad and basically unsubstantiated claims of fraud against Democratic states, with "Fraud Czar" J.D. Vance taking the lead. These fraud claims will apparently focus on two things: fraud in the spending of federal money, and fraud in voting. The administration will publicize its claims, and show it's "serious," by withholding certain funds from certain blue states. For example, a $100 million+ Medicare payment to California has already been delayed.
So, which approach is going to work best? Obviously, at a glance, the Democrats would seem have the upper hand here, and then some. However, scary and non-specific things can sometimes be more effective than irritating and highly specific things. Further, the voters that Republicans are trying to reach tend to be far less concerned about evidence. If the White House says there's fraud, then there's fraud, as far as many of these folks are concerned.
That said, while we concede the Republican approach could work, particularly if the Democrats don't get their messaging ducks in a row, we see some serious problems with the plan. The first is that the punitive actions that the administration takes, to highlight its position, are going to hurt people. Those people are not going to be happy. And so, the shenanigans might actually backfire on the GOP, and cost them more votes than it gains them.
On top of that, it's hard to think of a worse point person for this crusade than J.D. Vance. People don't like him, people don't trust him, and he just can't "sell" the way Trump can, or even the way that, say, Marco Rubio can. There is, of course, time for someone else to take over, but the fact is that the Trump administration bench isn't very deep, especially since the half-dozen or so people that Trump really trusts either already have six jobs (Rubio) or are looney tunes (Pete Hegseth).
And finally, when we started planning this item, we could squint and see how the GOP approach just might work. But we think that the $1.776 billion slush fund brought that line of thinking to a conclusive end. The billion-dollar grift is going to be the bright sun in the universe of grift, outshining all else by many orders of magnitude. It's like this famous cartoon about notorious Gilded Age spoilsman Richard Croker:
All you have to do is replace "CROKER" with "TRUMP, $1.776 Billion."
In the end, the slush fund is just so egregious, and is such obvious self-dealing. Even if you believe California is committing fraud (beyond the usual level of Medicare fraud that every state deals with), nobody has suggested that Gov. Gavin Newsom (D-CA) is personally lining his own pockets. So we think, on corruption/fraud, it's going to be "advantage Democrats" for the rest of the cycle, and beyond. (Z)
Donald Trump's approval rating is going to have a big impact on the midterms, and also on his behavior. So, it's something we keep a close eye on, and it's time for another update. He got some poor numbers this week (and that, of course, is before the Declaration of Grift-dependence).
Let's start with the aggregators, from Trump's best net number to his worst:
| Aggregator | Approve | Disapprove | Net |
| RealClearPolling | 40% | 57% | -17% |
| Ballotpedia | 40% | 58% | -18% |
| DecisionDeskHQ | 40% | 58% | -18% |
| VoteHub | 39% | 59% | -20% |
| The Economist | 36% | 57% | -21% |
| The New York Times | 38% | 59% | -21% |
| Silver Bulletin | 38% | 59% | -21% |
| Race to the WH | 37% | 60% | -23% |
| CNN | 36% | 62% | -26% |
| Average | 38% | 59% | -21% |
The Bush line is 32%, and obviously Trump is not quite there in the aggregations. However, they tend to keep polls in their sample for a very long time, sometimes a year or more (our map algorithm keeps them for 7 days so it responds much faster to news). So, his decline will be slow, assuming it continues. And it is not good news for him that his best number is still "17 points underwater," especially since it comes from RCP, which has been known to deliberately exclude Republican-unfriendly polls from its database.
That's nine aggregators; now let's take a look at the nine most recent individual polls we can find, also listed from Trump's best net number to his worst:
| Pollster | Approve | Disapprove | Net |
| Rasmussen | 43% | 56% | -13% |
| TIPP Insights | 38% | 54% | -16% |
| FocalData | 37% | 55% | -18% |
| AtlasIntel | 40% | 60% | -20% |
| NYT/Siena | 37% | 59% | -22% |
| The Economist/YouGov | 36% | 58% | -22% |
| CBS News | 37% | 63% | -26% |
| Marist | 33% | 60% | -27% |
| Reuters | 31% | 66% | -35% |
| Average | 37% | 59% | -22% |
A much greater spread, as would be expected. That said, these numbers tell us that Trump looks to be slip-sliding a little bit and that, depending on your assumptions, be might already be close to the Bush line. He's probably not, but he could be. Another thing that we learn from this exercise is that Rasmussen still can't be trusted.
There's also some bad news that's not 100% evident from these numbers. To start, that is the highest disapproval he's ever gotten in a CNN poll. He also pulled the lowest approval he's gotten in a New York Times poll since the commencement of Trump v2.0.
But worst of all are the crosstabs. Trump doesn't have that many demographics left where he can bleed substantial support, since he's already lost the lion's share of many of the groups that helped elect him (e.g., Black and Latino men), and he never had many of the groups that hate him (e.g., college grads). One group where HE could bleed support, and he is bleeding support, is non-college white men. Aaron Blake, late of The Washington Post, and now of CNN has a piece observing that, on the whole, Trump's approval rating among noncollege white voters has dropped from 63% at the start of his current term to just 49% now.
These folks are not likely to vote Democratic (well, unless that Democrat is Graham Platner), but they could certainly stay home on Election Day. And if they do—and note, they've done it in the past when Trump was not on the ballot, even when he was much more popular than he is right now—it would be very bad news for the GOP, indeed.
And that is the latest on Trump's approval. We were going to do Political Bytes today, but we really try to keep each day's posting between 4,500 and 7,000 words, and this one is already at 7,200+. So, we'll wait until tomorrow. Here's a preview, though: Kash Patel is still crazy after all these months. (Z)