The Trump administration's recent actions have sent a clear message: they are determined to avoid accountability for their deeds. Two contrasting moves last week - a 52-page legal opinion declaring the 1978 Presidential Records Act unconstitutional and an AI-generated clip of Trump's planned 'presidential library' - both point to a desire to erase history and prevent the public from holding them accountable. Personally, I think this is a deeply troubling development, and it raises important questions about the future of accountability in American politics.
The legal opinion, authored by a jurist with ties to election denialism, asserts that Congress has no right to ask the president to preserve records. This is a breathtakingly bad-faith argument, and it flies in the face of the Supreme Court's decision in the Nixon tapes case. In my opinion, this opinion is a clear attempt to undermine the public's right to know and understand the actions of their leaders. What makes this particularly fascinating is the irony of the situation: the opinion is authored by someone who has been involved in attempts to overturn the 2020 election, yet it claims to uphold the principles of democracy and the rule of law.
Trump's indifference to archiving and record-keeping is not a revelation. After all, he has a history of taking documents from the White House to Florida. This raises a deeper question: what is the point of a presidential library if it is not used to preserve and share the president's records? In my view, the idea of a presidential library is a noble one, but it should be used to promote transparency and accountability, not to erase history. What many people don't realize is that the preservation of records is not just about pedantic historians; it is about the public's right to hold leaders accountable and understand their actions.
The Trump administration's moves to prioritize impunity and erase history are not just troubling; they are dangerous. The pardoning of January 6 insurrectionists and the removal of those who had been involved in establishing the facts about them from the FBI and the Department of Justice are clear signals of a desire to avoid accountability. This is especially concerning given the reports of Corey Lewandowski boasting that he could do whatever he wanted because Trump would pardon him. If this is true, it raises serious questions about the rule of law and the separation of powers.
So, what can be done to counter amnesia and the conscious prevention of accountability? In my opinion, Democrats can push for keeping records and try to shame those scrubbing websites and taking down historical explanations. They can also start designing something like a truth commission, which may or may not hold out a promise of reconciliation. However, the pardon power is a complex issue. While jurists have suggested the possibility of suing over corrupt pardons, the Supreme Court's decision granting virtually total immunity to the president makes this a non-starter. A constitutional amendment is unlikely, but it should at least be on the agenda.
In conclusion, the Trump administration's actions last week are a clear signal of their desire to avoid accountability and erase history. This is a deeply troubling development, and it raises important questions about the future of accountability in American politics. Personally, I think it is crucial to push back against these moves and preserve the public's right to know and understand the actions of their leaders. This is not just about pedantic historians; it is about the future of democracy and the rule of law.
