Midterm Elections: The Con Always Works, Right Up Until the Moment it Doesn’t
Democracy has survived con men before, but only because ordinary Americans refused to become the mark…
Tomorrow night at nine o’clock Eastern, Donald Trump will look into a television camera and tell America he’s rescuing democracy. He teased the address to reporters this week, promising “really big news” about “free and fair elections” and adding that “it doesn’t get bigger.” For once, he and I agree. It doesn’t get bigger.
An administration official told Reuters that the speech will center on newly declassified intelligence about the 2020 election and what the White House calls voting machine vulnerabilities open to foreign hackers; multiple election experts quoted in that same reporting warn he’s laying the groundwork to contest Republican losses this November.
To understand what we’ll actually be watching Thursday night, we have to go back to 1973, to a Manhattan night spot called Le Club, where a 27-year-old Donald Trump, freshly sued by the Justice Department for refusing to rent apartments to Black families, met the most feared lawyer in New York. It’s a story I tell in detail in The Last American President.
Roy Cohn had made his reputation as Joe McCarthy’s chief counsel, wrecking careers with accusations he never had to prove. His advice to young Trump, as Cohn’s own cousin later recalled it, was blunt: “You might be guilty; it doesn’t matter.” Don’t settle. Don’t apologize. Attack the accuser.
So instead of quietly signing the consent decree his father’s regular lawyers recommended, Trump called a press conference and countersued the federal government for $100 million. A judge tossed the countersuit, the Trumps eventually signed roughly the deal they’d been offered at the start, and Cohn declared total victory anyway.
He understood something that’s become the operating system of Donald Trump’s entire life: the court of public opinion matters more than any court of law, and a lie defended with absolute commitment will usually beat a truth defended halfheartedly.
Over their thirteen years together, Cohn drilled three rules into his student: Attack, never defend. Deny everything, admit nothing. Claim victory no matter what actually happened.
When Jeff Sessions recused himself from the Russia investigation in 2017, Trump reportedly demanded of his aides, “Where’s my Roy Cohn?” He was mourning a fixer who’d been dead for three decades.
It took him eight more years, but he’s finally found his Roy Cohn. He’s found several of them, in fact, and he’s installed them at the Justice Department, the FBI, and the Office of the Director of National Intelligence.
That’s the machinery humming behind Thursday’s speech. The acting Director of National Intelligence is now Bill Pulte, a nepo-baby real estate guy with no intelligence experience who referred Trump’s political enemies for criminal prosecution based on mortgage records he pulled from government databases, and who Democrats say was installed precisely to help Republicans rig the midterms.
A White House task force has been combing through thousands of pages of classified documents, timed to land in the middle of an election season. Federal agents have already raided the Fulton County elections office and carted off 700 boxes of 2020 ballots, something I covered here at the Hartmann Report earlier this year.
Steve Bannon has promised ICE agents at the polls come November, and Trump’s new Postmaster General has confirmed the Postal Service won’t deliver mail-in ballots from states that refuse to hand over sensitive voter data to the federal government. And Jay Clayton, Trump’s pick for permanent DNI, faces his Senate confirmation hearing today, one day before the speech, having already auditioned for the job by echoing Trump’s phony claims about “election integrity” on CNBC.
Standing in front of Mount Rushmore on the third of July, Trump told the crowd that if Senate Republicans kill the filibuster and pass his SAVE America Act, with its proof-of-citizenship, driver’s license-must-match-birth certificate (that kicks off millions of married women), and photo ID requirements, then Republicans “will not lose an election for a hundred years.”
He tried holding a bipartisan housing affordability bill hostage to force the Senate’s hand, and now GOP leadership is trying to attach SAVE to the national security spending bill this week. Even Dan Abrams, hardly a flamethrower, opened his radio show this Monday by saying it’s time to admit the president of the United States is “trying to cheat” in the midterm elections.
One detail gives the whole con away: Tulsi Gabbard, before she resigned as DNI last month, commissioned a forensic analysis of voting machines seized in Puerto Rico. That analysis, Reuters reports, found security flaws but no evidence of hacking — none — and Gabbard’s own follow-up report recommending fixes has been sitting unreleased at the White House for months.
They went looking for proof of fraud, found none (but perhaps a way to hack machines in the future), buried the report that could have helped states harden their systems before November, and are now preparing a primetime address built on the fumes of the very investigation that came up empty.
Roy Cohn would be proud. Claim victory no matter what the facts say. When you’re in the wrong and on the defensive, lie and attack.
I lived in East Germany’s shadow for a year in the 1980s, working for an international relief organization in a small village a few miles from the border, and in 1986 I passed through Checkpoint Charlie into East Berlin. Most Americans probably don’t remember or even know that the DDR held elections; regular ones, with polling places and ballots and officially reported turnout levels that were typically north of 98 percent.
What they didn’t have was any possibility of a surprise. The regime had hollowed out every institution that could have made the outcome uncertain, so the election became theater, a ritual performed to legitimize a result already decided.
Putin ran East Germany’s KGB at the time, and he’s now Trump’s mentor with biweekly phone calls. Authoritarians rarely abolish elections. They keep the shell and kill what’s inside it, and it appears that Trump is following the path Putin blazed at multiple levels.
So will it work here? There’s no secret button that flips vote totals: more than 98 percent of American ballots are cast in jurisdictions with paper records, and when Trump signed an executive order that would have forced the decertification of voting machines, a federal judge permanently blocked it based on the Constitution handing the running of elections to the states.
The weapon Trump and his corrupt GOP will use is chaos, not hacking: seizures of ballots and equipment, decertification fights, litigation that delays counts past deadlines, ICE vans parked outside polling places in Democratic neighborhoods, and a pre-built national narrative, launched tomorrow night, that gives every Republican candidate permission to refuse to concede when they lose.
David Becker, a former Justice Department voting rights attorney, thinks the document dumps will fall flat with most Americans, and the primary results this spring suggest voters aren’t buying what Trump’s selling.
But Roy Cohn’s method never needed a majority to believe the lie. It only needed enough confusion, enough delay, and enough intimidation to change who shows up and what gets counted. It’s worked for Donald Trump for fifty years.
Remember, though, how it ended for the teacher. Roy Cohn died in 1986, disbarred just weeks earlier for dishonesty, fraud, deceit, and misrepresentation, abandoned by nearly everyone he’d ever helped, including Trump, who dumped him when he got sick.
The con, in other words, always works right up until the moment it doesn’t.
Whether Thursday night marks the beginning of the biggest con in American history or the beginning of its collapse depends less on what Trump says than on what tens of millions of us do between now and the first Tuesday this coming November.
Congress is voting this week on whether to bolt the SAVE Act onto the national security spending bill, so call the Capitol switchboard at 202-224-3121 and tell your senators and representative where you stand, and don’t forget to mention Todd Blanche to your senators.
Check your voter registration right now at vote.org, because purges are already underway in Red states, and track what your own legislature is doing to protect or restrict your ballot at openstates.org.
Democracy has survived con men before, but only because ordinary Americans refused to become the mark. As Jefferson told us, “Eternal vigilance is the price of liberty…”
Louise’s Daily Song: “The Con Always Works Right Up To The Moment It Doesn’t”
Comments on Tuesday’s Daily Take:
Why are Trump and the GOP Tearing America Apart?
They are tearing it apart with orders from their overlords at Project 2025, that 900 page GOP manifesto that is mentioned all too seldom. According to them, it is more than halfway completed in record time
~ Elaine Hines
The gap between the wealthiest and everyone else is what gives them the power. The gap can be increased by them becoming wealthier or by ensuring everyone else becomes much poorer.
It has occurred to me that the morbidly rich actually want masses of people to die if they see no way they can use them to increase their own wealth. They see those people as irrelevant with no intrinsic worth.
~ Gloria J. Maloney
Get the day’s news, both as a video and written report by Thom Hartmann, as well as a downloadable or an audio podcast, delivered right to your inbox every morning for free at CommonwealthReport.news:
My newest book, Who Killed the American Dream?: The Greatest Political Crime Ever Told is now available for presale from bookstores nationwide. It’s a modern-day telling of the “murder mystery” of how, in 1886, a great crime was committed against America by a cynical court reporter and an on-the-take Supreme Court justice that changed the course of American politics and led straight to Citizens United. It also details the massive ongoing cover-up of this crime and what we can do to fight back.
“…a lie defended with absolute commitment will usually beat a truth defended halfheartedly.” We need Democratic leadership aware of this fact and dedicated to forcefully advancing the truth. Our current batch of entrenched establishment corporate Democrats is neither interested nor capable.
Roy Cohn was patient zero of a political contagion that has spread from Trump outward to infect this nation and the world. Republicans who once accepted the terms of civility and morality that are prerequisites to participation in a democratic society are now throwing tantrums, sabotaging government, and burying everyone in pointless litigation, all because of Trump, and ultimately Roy Cohn.