Abuse of Power

The first potential issue, according to Paul S. Ryan of the watchdog group Common Cause, is if Kushner encouraged West to do something proactive that could benefit Trump’s campaign, such as running for office. If Kushner solicited from West what could be valued at more than the legal limit of $2,800, it could be considered an in-kind contribution to the Trump campaign. And, given the expense of running campaigns, it seems likely if not guaranteed that West running for office — and expending much more than $2,800 — would violate that law. The second issue is if they coordinated about the campaign — i.e., if Kushner encouraged West to do something specific when it comes to launching or running a campaign. “Any expenditure made by Kanye West in cooperation, consultation or concert with — or at the request or suggestion of — Kushner, an agent of the Trump campaign, would be considered an in-kind contribution from the Kanye West campaign to the Trump campaign,” Ryan said.

“States are already strapped for cash,” Sylvia Albert, director of voting and elections at Common Cause, said Tuesday. “At a time when the Congress has not appropriated sufficient funds to help election officials run these elections this November, it’s ridiculous to contemplate adding more to their budgets.”

Today, Common Cause amended its challenge to President Trump’s memorandum requiring the exclusion of undocumented people from being counted in the census for congressional apportionment, adding new co-plaintiffs and new causes of action. The amended complaint in Common Cause v. Trump now includes the City of Dayton, Ohio; the City of Portland, Oregon, five new organizational plaintiffs, and a total of sixteen (16) additional individual plaintiffs of diverse backgrounds from California, Texas, and New Jersey (in addition to preexisting individual plaintiffs from Florida and New York). 

Government watchdog groups have called Trump’s move an act of executive overreach that usurps Congress’ constitutional power to allocate federal funds. “Americans expect and deserve more from their President in the midst of a pandemic and an economic crisis,” Karen Hobert Flynn, president of Common Cause, said in a statement. “Unwilling and unable to negotiate with Congress to deliver a relief package to a nation reeling from COVID-19, President Trump resorted to unconstitutional half measures that will do little to address the serious issues facing the nation.”

Americans expect and deserve more from their President in the midst of a pandemic and an economic crisis than a photo op and phony posturing at a golf club. Unwilling and unable to negotiate with Congress to deliver a relief package to a nation reeling from COVID-19, President Trump resorted to unconstitutional half measures that will do little to address the serious issues facing the nation.

The first duty of government is to protect its people and it is up to the people to hold that government accountable when it fails. A new report from Common Cause chronicles the Trump administration’s failed response to the COVID-19 pandemic through the lens of government accountability and the abuse of power.