This Is Not a Cycle of Retribution
· The Atlantic
Donald Trump has spent nearly two years investigating, suing, or prosecuting anybody in politics, media, or government who ever defied him. Now, with Democrats poised to win control of one or both chambers of Congress, the administration and its allies are prepared to slip back into their familiar pose of victimhood.
The putative evidence of imminent GOP persecution comes from Senator Elissa Slotkin of Michigan, who recently told the Vox journalist Astead Herndon during an event at the University of Chicago that Democrats should pursue accountability for the administration to, among other goals, deter new graduates from enlisting in corrupt schemes. “I want young people coming out of school to say, ‘Should I go work for the Trump administration?’” she said. “I want them to be like, ‘Lord, that might be buying myself a ton of problems that I don’t want, and so let me avoid participating in that.’” Slotkin made these remarks last Tuesday, attracting little notice at the time because she didn’t say anything particularly noteworthy. Five days later, a tidal wave of conservative outrage suddenly crashed over her.
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The Republican response has been revealing. Even Trump-skeptical conservatives are signaling that, just as they have in the past, his party will rally behind him the moment someone proposes that the laws of the country should be enforced if Trump is found to have engaged in misconduct. He has trained members of his party to sublimate any concern they may have about his actions beneath their partisan instincts. However queasy Trump might occasionally make them, they will return to his side the moment he faces the prospect of legal consequences.
[From the October 2026 issue: MAGA is making the world safe for corruption]
“It is absolutely disgraceful to threaten young Americans for participating in politics and serving their country,” Senator Mike Lee, a Utah Republican, complained. “This type of thinking is terrible for our country,” Ari Fleischer, the former press secretary to President George W. Bush, chimed in. Columns by the Trump legal adviser Mike Davis in Fox News and the writer Miranda Devine in the New York Post depict Slotkin as a goon who was menacing bright-eyed youth for no reason other than their partisan affiliation. “Slotkin is a lowlife who’s ruining her state,” Trump said in front of the White House when prodded for a reaction by a reporter.
Trump went even further, as is his wont. “That’s a hell of a statement,” he told reporters. “Slotkin said that there should be prosecutions in order to scare people from going into politics.”
In point of fact, Slotkin didn’t say anything about prosecutions. She was discussing congressional oversight and specifically describing a scenario in which Democrats had control of Congress but not the executive branch.
She was arguing for a measured and focused approach, prioritizing only the most blatant forms of corruption.
“We do have to have accountability for the unbelievable corruption that we are living under right now,” she said. “But you can’t just make that your whole personality. So you have to pick signature cases, and you have to go after people and projects that are just super egregious.”
Later in the conversation, Herndon noted that Trump has largely insulated himself from accountability by stacking the courts and installing loyalists throughout his party and the federal government. That’s when Slotkin pointed out that exposing the administration’s corruption might deter ambitious Republicans from joining the administration during its final years.
The outraged responses omitted the first part of Slotkin’s remarks, which point out the need to investigate the administration’s pervasive misconduct. Out of context, it sounds as if Slotkin is threatening young Republicans because of malevolence. But in context, her comments are understandable, even generous. If you knew a young person who had been planning to go to work for Elizabeth Holmes, deterring them by exposing the Theranos founder as a con artist would have been doing them a favor.
Pretending that the Trump administration is innocent is just the first line of defense. The fallback argument against investigating, and perhaps eventually prosecuting, any corruption is that doing so will set off a cycle of retribution.
A Wall Street Journal editorial accuses Slotkin of “essentially promising a scorched-earth lawfare campaign” that will invite reprisals. “This is where the multiple prosecutions that Democrats unleashed against Mr. Trump in the Biden years are taking us. Mr. Trump is retaliating with similar attempts to criminalize political differences. And now Ms. Slotkin is vowing more of the same. Down this road lies more bitterness and political dysfunction,” the Journal editorial laments. Jack Goldsmith, a former Bush-administration legal adviser, makes a similar argument in a Substack column.
The fear that the two parties are locked in a cycle of retribution has a certain high-minded but superficial appeal. It’s true that Trump faced investigations after leaving office, and that he has cited these investigations as a rationale for his reign of legal terror.
But Joe Biden did not behave in a remotely similar fashion. He appointed an attorney general, Merrick Garland, who commanded bipartisan respect. Garland operated cautiously, following traditional procedure, and appointed Jack Smith as a special counsel when evidence of Trump’s refusal to cooperate with the investigation—taking classified documents, stonewalling repeated requests to return them, and then trying to mislead federal investigators—was too blatant to ignore. Trump did face one questionable prosecution: Alvin Bragg, the Manhattan prosecutor, charged that his hush money to Stormy Daniels was a campaign-finance violation. But that was not something Biden directed.
Besides, Trump’s ambition to imprison his opponents preceded anything Biden did, as anybody who remembers the “Lock her up!” chants should readily concede. Trump was unable to effectively prosecute his enemies during his first term, largely because he was stuck with a Justice Department whose staff was committed to traditional norms of independence, not for lack of trying. To the contrary, Trump spent most of his first term trying to make his attorneys general act like Roy Cohn. He pressured Ukraine’s government to gin up an investigation of Biden, and he eventually appointed a special counsel, John Durham, to investigate various enemies, only for Durham to fall on his face.
[Leo J. Wise: How corruption got this bad]
The most logical way to understand Trump’s motive is that he has always viewed laws as suggestions rather than hard requirements, and tended to assume that people in power will abuse it to protect their friends and punish their enemies. Democratic lawfare did not implant this belief in Trump. He and his allies are going to continue investigating fake crimes and committing real ones, because Trump fundamentally does not believe in the rule of law.
What is most peculiar is that the Democrats aren’t the party that has decided to elevate this question in the closing days of the midterm campaign. The Republicans are. Why, you might wonder, did a phalanx of Republicans emerge several days after the fact to start screaming about Slotkin?
Anti-anti-Trump Republicans, of which the Journal is a leading voice, often invoke the Mueller investigation and the first Trump impeachment as radicalizing events that reignited their wavering partisan attachment. The misguided Bragg indictment of Trump helped rehabilitate him among Republicans who had been ready to move on after January 6. As Davis wrote on X, “Dear @ElissaSlotkin: You are rallying fractured Republicans right before the midterms.”
Trump in his second term has operated with complete impunity. The Republican Congress is not even pretending to conduct oversight over the executive branch, and the Justice Department is not even pretending to care whether the president and his allies follow the law. The president grasps that if he ever has to face accountability, his party will back him up. Trump has two modes: flaunting his impunity and wallowing in victimization. For the moment, he finds the latter more politically useful.