Operation Epstein Fury: Is This About National Security or Political Survival?

Madison and the Founders of his generation had it right: what Trump is doing violates both the Constitution and the foundational norms of democracy…

Operation Epstein Fury — with a bonus to help Bibi get re-elected so he doesn’t have to face charges for his criminal behavior — is rolling on as Trump ignores the constitutional requirement that only Congress can declare war.

He’s also violating the War Powers Resolution of 1973 that dictates the president, if he reacts to an actual attack on America like Pearl Harbor, must notify Congress within 48 hours and have authorization within 60 days. In this case there was no actual or even imminent attack against America.

To further confuse things, Trump is throwing the Iranian protestors under the bus by saying that he’s willing to talk with the Iranian regime now that Kahmenei is dead, much like he crapped on pro-democracy voters and protestors in Venezuela when he kept that repressive regime intact after illegally removing Maduro and promising democracy.

This conflict is also now spreading. Kahmenei was to many Shia Muslims around the world something akin to what the Pope is to Catholics (there’s no equivalent among the Sunni Muslims). Imagine the Catholic world’s fury if a country had assassinated Pope Leo XIV: we’re now seeing Shia protests and outrage from Bangladesh to Pakistan to Lebanon.

And here at home Trump is musing about using Iranian interference in our 2020 election as an excuse to issue an emergency executive order to seize control of the upcoming November midterm election.

Which is particularly ironic, given that the well-documented Iranian intervention that year was designed to help get Trump reelected (after all, he’d just torn up the JCPOA nuclear deal) and avoid a Biden administration from coming into power.

Four Americans are dead and five in critical condition because of Iranian retaliatory strikes, as are civilians in several other US-aligned countries in the region. Along with around 200 young people in Iran after we bombed a girl’s school and a gymnasium.

And it’s early days. As Winston Churchill famously said in 1936 about war:

“Once the signal is given, no one can predict how far events will go.”

America’s Founders and the Framers of our Constitution not only would have agreed with Churchill, but saw a president seizing war powers from Congress as an existential threat to the republic. On April 20, 1795, James Madison, who had just helped shepherd through the Constitution and Bill of Rights, and would become President of the United States in the following decade, wrote:

“Of all the enemies to public liberty war is, perhaps, the most to be dreaded because it comprises and develops the germ of every other.”

Reflecting on the ability of a president to use war as an excuse to become a virtual dictator, Madison continued his letter:

“In war, too, the discretionary power of the Executive [President] is extended. Its influence in dealing out offices, honors, and emoluments is multiplied; and all the means of seducing the minds, are added to those of subduing the force of the people. The same malignant aspect in republicanism may be traced in the inequality of fortunes, and the opportunities of fraud, growing out of a state of war...and in the degeneracy of manners and morals, engendered by both.

“No nation,” our fourth President and the Father of the Constitution concluded, “could preserve its freedom in the midst of continual warfare.”

Since Madison’s warning, “continual warfare” has been used both in fiction and in the real world. In the novel 1984 by George Orwell, the way a seemingly democratic president kept his nation in a continual state of repression was by having a continuous war.

The lesson wasn’t lost on Lyndon Johnson or Richard Nixon, who both extended the Vietnam war so it coincidentally ran over election cycles, knowing that a wartime President’s party is more likely to be reelected and has more power than a President in peacetime.

And, as George W. Bush told his biographer in 1999:

“One of the keys to being seen as a great leader is to be seen as commander in chief. My father had all this political capital built up when he drove the Iraqis out of Kuwait and he wasted it. If I have a chance to invade, if I had that much capital, I’m not going to waste it. I’m going to get everything passed that I want to get passed and I’m going to have a successful presidency.”

Every Republican president since Reagan has had his own “little war.” Now it’s Trump’s turn, after all the times over the years he warned that if Obama was ever in trouble he’d start a war with Iran to distract us:

“In order to get elected, @BarackObama will start a war with Iran.” (2011)
“Our president will start a war with Iran because he has absolutely no ability to negotiate. He’s weak and he’s ineffective…” (2011)
“@BarackObama will attack Iran in the not too distant future because it will help him win the election.” (2012)
“Now that Obama’s poll numbers are in tailspin — watch for him to launch a strike in Libya or Iran. He is desperate.” (2012)
“I predict that President Obama will at some point attack Iran in order to save face!” (2013)
“Remember what I said about @BarackObama attacking Iran before the election…” (2012)

Given that Baron, Don Jr, and Eric Trump all apparently suffer from hereditary bonespurs and no Trump has ever served as a “loser” or “sucker” in our military (and his grandfather came to America as a German draft-dodger), it’s unlikely this war will mean anything other than profit-making opportunities for the Trump children.

But it compounds his constant ignoring of constitutional limits on presidential power ranging from gutting federal agencies without authorization to having ICE routinely ignore court orders, flagrantly violate the Fourth Amendment, and daily lie to the American people.

Nobody invested in peace or democracy is mourning the death of the Iranian dictator or the possible unraveling of its theocracy. But must we do it in a way that breaks both US and international law?

Trump apparently thinks so; not only will it distract from the news reports that he raped at least one and maybe more 13-year-olds and his naked corruption and bribe-taking but it also carves another “screwed Congress” notch in his belt.

There was no attack on America, as required by the War Powers Resolution. There wasn’t even a serious possibility of an attack on America.

Madison and the Founders of his generation had it right: this is a naked crime by Trump and Hegseth against our Constitution and our laws and requires a strong congressional response such as impeachment.

Louise’s Daily Song: “Operation Epstein Fury”

The song that was inspired by this article is here.
My reading this article as an audio podcast is here.
My newest book, The Last American President: A Broken Man, a Corrupt Party, and a World on the Brink is now available in bookstores nationwide.
You can follow me on Blue Sky here: https://bsky.app/profile/thomhartmann.bsky.social