Equalizers on retainer
Anticipating Donald Trump’s “promised revenge tour,” Josh Marshall floated the idea of about ten days ago that anti-Trumpers with deep pockets assemble a big pile of money for the legal defense of women and men on his enemies list.
Marshall is back to report there is movement on this effort in a good-news, bad-news sort of way. Since then, he’s become aware of “groups or consortia that are organizing to be the place that Trump targets can go when they get their subpoena or their lawsuit,” but for now they are keeping their identities below the radar:
For very real reasons these groups donât want to draw a lot of attention to themselves. They donât want themselves to become the targets of harassment and lawfare when theyâre trying to defend others from it. If they themselves get run out of business whoâs going to be around to help everyone else? So I canât give websites for these operations that youâd want to look up if youâre a target or show you how to contribute money. Theyâre not set up that way and they donât want the attention.
Marshall wonders how this might work and was initially dubious of the approach. But his thinking has shifted:
Itâs not just Trump and official MAGA we have to worry about. Weâre really facing an era of broader civic disinhibition, in which public and private actors will be declaring war on civil society, government employees and more in ways that simply havenât happened in the past. Thereâs no one group that can combat that. And these nascent efforts are going to be a critical part of the equation â for the civil servant who gets harassed, for the nonprofit which needs legal assistance fending off financially ruinous subpoenas. And by this I donât mean just to say ⌠well, the small stuff. What I mean is that thereâs going to be a lot of stuff, across society, across multiple layers of government. Thereâs a lot to go around. And not every individual or entity wants to become a poster child for MAGA abuses of power. Often they just need someone to pick up the legal work that would have bankrupted the organization or made an individual lose their home.
And defenders of civic society may not care for Trump sending his flying monkeys their way. (“I understood that reference.“)
Marshall floats how his Big Pile of Money (BPM) group might operate. As lawyerly Equalizers, in my view:
One of the best ways I can think of to describe what Iâm looking for is by an illusory hypothetical. Letâs imagine there was another billionaire out there â a non-decadent, non-degenerate version of Musk â who said:Â I believe in America. Every person Trump targets, Iâm going to send them a contact number at mega law firm X, which Iâve retained, and itâs an open tab for as long as they need. And if youâre out there wondering if youâre willing to take the risks of doing the right thing over the next four years, Iâll be sending you a contact number too. And Iâm going to do more than that. Iâm going to use the channels of these abusive lawsuits and criminal investigations to load these folks down with every discovery motion you could have imagined. Iâm going to use my cash and the courts not just to protect people but to embarrass and humiliate the abusers, make them wish theyâd never started.
That is, after all, how Trump has for decades used lawsuits to harass creditors until they run out of fight (and money) and go away. Defenders must exact a cost on those who would foul the civic square to create a “penumbra of fear,” in Marshall’s words.
But in an age when politics is a pro-wrestling spectacle, BPM groups must be seen doing it. Landing punches, and “damaging and embarrassing and humiliating the other side.” Turning idle spectators into fans and investors in creating a penumbra of safety. Because right now there is only one fighter in the ring throwing folding chairs.
How many Rocky movies?
Marshall concludes:
Any operation that doesnât play in that realm isnât playing this performative, public role. Thatâs critical. It also operates a virtuous or at least non-vicious circle. People need to open their pockets â billionaires and average people. People open their pockets when theyâre seeing points put on the board, when they see punches being landed.Â
First, like it or not, the public wants Thunderdome. The press covers Thunderdome. Thunderdome draws eyeballs in this attention economy. Again, and again and again: How many Rocky movies did Stallone make?
People pay money to see that. They want to cheer for the little guy with heart facing insurmountable odds. They want to watch The Equalizer squash baddies the law cannot touch. Seen any of those lately?
Maybe the Big Pile of Money could run a classified ad.