唐纳德·特朗普如何为自己规避未来调查


2026-05-27T10:00:08.598Z / https://www.cnn.com/2026/05/27/politics/donald-trump-insulating-himself-future-investigations

  • 特朗普设立“反武器化基金”的举措,不仅可能使他免受除税务事项外的其他调查,还可能激励民众抵制国会调查。
  • 特朗普正在解雇监察长,并挑战水门事件后出台的要求文件保存和国会监督的法律。
  • 法律学者表示,随着中期选举临近,特朗普正在 dismantle(拆解)水门事件后建立的监督机制。

由AI生成的摘要已由CNN编辑审核。

总统唐纳德·特朗普与其所在政府达成的为其盟友设立“反武器化基金”的协议,是他第二次入主白宫期间致力于削弱总统权力制衡、为自己规避未来调查的最新例证。

该协议凸显了特朗普正在设置的新障碍,这些障碍可能阻碍国会民主党人、继任政府甚至联邦政府外部当局开展调查。

前政府律师和宪法学者告诉CNN,特朗普在多个领域正在拆解水门事件后出台的透明度规定、攻击国会的财权、奖励被指控为其事业犯罪的忠实支持者,并攻击独立机构和行政部门监督者。

他通过利用并加速保守派主导的最高法院扩大总统权力的趋势,打破了约束其他总统的规范和政治惯例。

上世纪70年代,国会针对理查德·尼克松政府的丑闻通过了限制总统权力的法案,当时的法院支持了这些法律。

“我们如今看到的是向更多集中在总统本人手中的行政权力的剧烈摆动,这种权力不再分散,”南加州大学古尔德法学院教授亚当·齐默尔曼说道,“我们还看到有人愿意将这种权力推至极限。”

https://www.cnn.com/

特朗普的对手能否从“反武器化”基金中获益?
3:22

这项最新策略——源于特朗普起诉IRS的一场存法律争议的诉讼而达成的一项有争议的协议——为总统提供的保护范围比最初报道的更广。其条款不仅能使特朗普免受与税务相关的调查。该基金近18亿美元的拨款惠及对象的宽泛标准,还可能激励个人不配合针对总统的国会调查。

“该基金的声明真正凸显了本届任期以来的诸多趋势,即总统腐败地利用政府权力打击政敌、奖励盟友,包括那些会为他违法的朋友,”反对特朗普的保守派组织“法治协会”执行董事格雷格·农齐亚塔说道。该组织由共和党前参议员办公室律师出身的成员组成。

司法部发言人在一份声明中为该基金辩护,称其“旨在专门审理和纠正法律战诉求,并为任何因信仰遭受不公平 targeting(针对性打击)的美国人寻求追责”。

“那些对反武器化基金感到不满的人应该提醒自己,我们之所以陷入当前局面,是因为总统的税务记录被非法泄露,历届前任政府也曾利用执法机构持续迫害政治对手,”该发言人说道。

这项新协议为总统、其企业和家族提供的税务赦免,是在原协议公布次日悄悄发布的一份补充公告中公开的。司法部官员在为其辩护时称,这一安排是IRS放弃对总统过往税务审计,以换取特朗普撤销针对联邦政府的100亿美元诉讼,该诉讼指控联邦政府不当泄露其税务记录。

“每一项和解协议,双方都会有所让步,”签署该协议的代理司法部长托德·布兰奇上周告诉CNN。布兰奇曾在拜登时期针对特朗普的刑事诉讼中担任其私人律师。

该条款不仅适用于IRS或财政部针对特朗普的潜在诉求,也适用于任何机构,尽管司法部向CNN澄清,其重点是民事事项,而非刑事事项。司法部还强调,该协议涵盖与5月19日协议之前特朗普行为相关的审计或诉求。

但该协议的条款不仅禁止与税务相关的审查,还禁止任何与和解前特朗普行为相关的政府诉求,只要这些行为符合协议中“法律战”或“武器化”的定义。

这些术语没有法律定义,但协议的另一部分对这些概念进行了极其宽泛的界定,这意味着该协议旨在禁止所有可能针对特朗普、其家族或企业过往行为的联邦执法行动或审查。

针对参与特朗普调查的奖惩措施

特朗普及其司法部已经惩罚了那些协助调查其行为的人,同时撤销了对其支持者的起诉。

“他每天都在发出更明确的信号:如果你为他犯罪,你无需担心任何后果。事实上,你会受到赞扬,甚至可能获得经济奖励,”农齐亚塔说道。

国会山骚乱案检察官和参与前特别检察官杰克·史密斯调查的司法部员工被解雇。司法部撤销了针对前特朗普顾问史蒂夫·班农的藐视国会案,因其抵制众议院1月6日调查的传票。前联邦调查局局长詹姆斯·科米和纽约州检察长莱蒂夏·詹姆斯——两者都是针对特朗普的高调调查的代表人物——都面临刑事指控。

特朗普赦免了所有在国会山骚乱中被指控或定罪的人,如今高级政府官员并未排除这些被告——包括那些被定罪袭击执法人员的人——从新基金中获得赔偿的可能性。

“公平地说,本届政府动用了大量奖惩手段,”齐默尔曼说道,他称总统的赦免权是“一个极其巨大的奖励”,而新基金则是“奖励蛋糕”。

曾为9/11恐怖袭击受害者赔偿基金工作过的齐默尔曼指出,特朗普将对负责发放赔偿的委员会拥有影响力。总统可以随意解雇由其司法部长任命的委员会成员。

“完全有理由担心,这可能成为一系列重要激励措施的一部分,促使人们不配合未来的政府调查,甚至可能是如果民主党控制众议院或参议院后举行的立法听证会,”齐默尔曼说道。

特朗普于2025年1月重返白宫时,得益于最高法院2023年出台的一项全面的总统豁免权先例,这在他第一任期内并未存在。该最高法院案件涉及特朗普在与官方总统行为相关的刑事起诉中的豁免权。但司法部如今也在抵制针对特朗普与国会山骚乱袭击美国国会大厦相关的民事诉讼。

与此同时,司法部正在制定相关规定,将州律师协会对司法部律师的纪律调查程序搁置一旁。

当这些程序针对参与特朗普2020年大选翻盘计划的律师提起时,揭露了有关这些计划如何实施的新细节。向特朗普团队的律师提起纪律投诉的外部团体辩称,这些程序将阻止律师为帮助总统而违反职业道德规则。但政府及其盟友,甚至一些特朗普的批评者都认为,这些纪律程序是对纪律程序的滥用。

司法部为其暂停州律师协会调查的提案辩护,称由于该机构拥有自己的道德和职业责任团队,应该有权首先审查其员工的行为。

在政府试图削弱可能涉及总统的调查之际,它正在推进水门事件后建立的行政部门内部制衡和监督机制的改革。

在其第二任期伊始,总统解雇了多名监察长,这些职位由国会授权负责调查其所在机构内的欺诈、浪费和滥用行为。这些办公室曾是多次调查的源头,这些调查审查了第一届特朗普政府的行为,并导致了国会调查,包括2019年针对总统的弹劾程序。

今年早些时候,负责为行政部门提供法律咨询的司法部办公室告知总统,他不再需要遵守《总统记录法案》,该法案要求白宫文件得到保存,并最终移交给国家档案馆供公众使用。

根据司法部对该法律所谓违宪性的理论——这一理论已被一名联邦法官驳回——国会永远无法通过一项“侵犯”总统行使行政权力的法案。司法部的备忘录质疑国会是否有“合法”理由为起草法律而研究白宫的内部运作。

政府挑战限制总统权力的法律的做法,与最高法院支持所谓“单一行政权”理论的转变相一致。

由特朗普任命的三名保守派大法官组成的多数派,允许特朗普无理由解雇名义上独立的机构负责人,践踏了国会设置的限制。最高法院目前正在审理一起案件,该案件可能最终确定总统解雇权的范围。

去年,最高法院的保守派多数还在一项紧急命令中批准政府扣留40亿美元的外国援助资金——削弱了国会对总统的另一项制衡措施。

新的反武器化基金“符合一种寻找无需国会即可花钱、加强行政部门对联邦支出控制的模式”,加州大学旧金山分校法学院宪法学教授扎卡里·普莱斯说道。

具有讽刺意味的是,在特朗普第一任期内,民主党掌控的众议院试图进行监督时,政府辩称法院无需命令遵守国会传票,因为议员可以利用其财权鼓励配合调查。如今,如果民主党在中期选举后重新掌控国会,他们限制总统的工具将比2019年众议院接管时更弱。

“我们的政府要正常运作,需要一定程度的体面行为,”道格·莱特说道,他曾是长期任职的司法部律师,随后在特朗普第一任期内担任民主党主导的美国众议院总法律顾问。

特朗普的行为“远远超出了制定宪法和我们政府体系时任何人的想象”,莱特说道,“我不确定除了弹劾之外,还有什么真正的制衡手段。”

CNN的马歇尔·科恩为本报道撰稿。

How Donald Trump is insulating himself from future investigations

2026-05-27T10:00:08.598Z / https://www.cnn.com/2026/05/27/politics/donald-trump-insulating-himself-future-investigations

  • Trump’s deal creating an “anti-weaponization fund” could shield him from probes beyond tax matters and incentivize people to defy congressional investigations.
  • Trump is firing inspectors general and challenging post-Watergate laws that require document preservation and congressional oversight.
  • Legal scholars say Trump is dismantling post-Watergate oversight mechanisms as the midterm elections approach.

AI-generated summary was reviewed by a CNN editor.

The deal that President Donald Trump reached with his own administration to set-up an “anti-weaponization fund” for his allies is the latest example of how his second stint in the White House has focused on undermining checks on presidential power and insulating himself from future investigations.

The agreement highlights the new hurdles Trump is erecting that that could stymie probes by congressional Democrats, successor administrations and even authorities outside the federal government.

On several fronts, Trump is dismantling post-Watergate transparency mandates, attacking Congress’ power of the purse, rewarding loyalists accused of committing crimes that support his causes, and assaulting independent agencies and executive branch watchdogs.

Trump has done so by capitalizing on and accelerating an expansion of presidential power embraced by the conservative Supreme Court, and by blowing through norms and political gravity that reined in other presidents, former government attorneys and constitutional scholars told CNN.

When Congress in the 1970s passed constraints on the presidency in response to the scandals of the Richard Nixon administration, courts at the time backed those laws.

“What we’ve now seen is this dramatic pendulum swing in favor of just more executive power that’s consolidated within the president himself, that’s no longer dispersed,” said University of Southern California Gould School of Law Professor Adam Zimmerman. “We also see someone who’s willing to use that power to push that power to the limit.”

https://www.cnn.com/

Could Trump’s foes benefit from “anti-weaponization” fund?
3:22

The latest gambit – a controversial agreement arising from a legally dubious lawsuit Trump brought against the IRS – is more sweeping in its protections for the president than initially reported. Its language could shield Trump from more than just tax-related probes. And the broad criteria for whom could benefit from the nearly $1.8 billion fund could incentivize individuals to not comply with congressional investigations into the president.

“The announcement of this fund really crystallizes so many trends we’ve seen in this term, which is the president using, corruptly using, the power of the government to punish his enemies and reward his friends, including friends who would break the law on his behalf,” said Gregg Nunziata, executive director of the Society for the Rule of Law, an organization of conservatives who oppose Trump.

A Justice Department spokesperson defended the fund in a statement that said it “was created to specifically hear and redress claims of lawfare and seek accountability for any American who was unfairly targeted for their beliefs.”

“Those who are upset about the Anti-Weaponization Fund should remind themselves that we are in this position because the President’s tax returns were illegally leaked, and previous administrations used their law enforcement agencies to relentlessly persecute their political adversaries,” the spokesperson said.

The tax amnesty the new deal extends to the president, his business and his family was made public with an addendum quietly published the day after the original agreement was announced. In defending it, DOJ officials have described the arrangement as the IRS letting go of past audits of the president in exchange for a dismissal of the $10 billion case Trump brought against the federal government for improper disclosure of his tax returns.

“Every single settlement, both sides give away something,” acting Attorney General Todd Blanche, who signed the deal and who was Trump’s personal lawyer during the Biden-era criminal prosecutions against him, told CNN last week.

The language applies not just to potential claims against Trump brought by IRS or Treasury, but by any agency, though the Justice Department clarified to CNN that the focus is on civil matters, rather than criminal. The Department has also stressed that the agreement covers audits or claims related to Trump conduct that predates the May 19 agreement.

But the deal’s language forbids not just tax-related reviews, but any government claims related to Trump pre-settlement conduct that fits under the agreement’s conception of “lawfare” or “weaponization.”

Those terms have no legal meaning, but another part of the agreement defines those concepts in extremely broad terms, meaning the deal seeks to forbid all sorts of federal enforcement actions or reviews that could be aimed at past conduct by Trump, his family or his businesses.

Carrots and sticks for participation in probes into Trump

Already, Trump and his Justice Department have punished those who facilitated investigations into his conduct, while wiping away the prosecutions of his supporters.

“He’s sending the signal louder every day, that if you commit a crime on his behalf, you have nothing to worry about. In fact, you’ll be celebrated, and perhaps rewarded financially,” said Nunziata, who previously served as a lawyer in several Republican Senate offices.

Capitol riot prosecutors and DOJ employees involved in former special counsel Jack Smith’s investigations were fired. The Justice Department dismissed the contempt-of-Congress case against former Trump adviser Steve Bannon, for his defiance of a House January 6 probe subpoena. Former FBI Director James Comey and New York Attorney General Letitia James – both the faces of high-profile investigations into Trump – have been targeted with criminal charges.

Trump granted clemency to everyone charged or convicted in the Capitol attack, and now top administration officials are not ruling out those defendants – including those convicted of assaulting law enforcement – receiving payouts from the new fund.

“It’s fair to say that this administration uses a lot of sticks and a lot of carrots,” Zimmerman said, calling the president’s pardon power “an extremely large carrot” and the new fund “carrot cake.”

Zimmerman, who worked on the compensation fund for victims of the 9/11 terrorist attack, pointed to the influence Trump will have over the commission that doles out compensation. The president can fire at will the board’s members, who will be chosen by his attorney general.

“It is a completely fair concern that this could be part of a significant set of incentives for people not to potentially participate in future government investigations, or even the legislative hearings that, we might imagine, would take place if the Democrats took the House or the Senate,” Zimmerman said.

When Trump returned to the White House in January 2025, he did so with the benefit of a sweeping 2023 presidential immunity precedent from the Supreme Court that wasn’t on the books for his first term. That Supreme Cout case dealt with Trump’s immunity in criminal prosecutions of conduct that could be connected to official presidential acts. But the Justice Department is also now pushing back against the civil lawsuits against the president related to the January 6 assault on the US Capitol.

Meanwhile, DOJ is working on regulations that would sideline investigations by state bar associations into department lawyers for attorney disciplinary proceedings.

When those proceedings were brought against attorneys who worked on Trump’s 2020 election reversal plots, they revealed new details about how the schemes played out. The outside groups that have filed the bar complaints against Trump-aligned attorneys have argued the proceedings will discourage lawyers from breaking ethics rules to help the president. But the administration and its allies, and even some Trump critics, argue that the ethics proceedings amount to an abuse of a disciplinary process.

The Justice Department – defending its proposal to suspend state bar investigations while its own disciplinary proceedings are underway – argues that because it has its own ethics and professional responsibility team, the agency should have the ability to review its own employees’ conduct first.

As the administration has sought to blunt investigations that could touch on the president, it’s barreled through the post-Watergate reforms that created internal checks and oversight mechanisms within the executive branch.

At the beginning of his second term, the president fired several inspectors general, who are tasked by Congress with investigating fraud, waste and abuse within their agencies. Those offices were the source of multiple probes that scrutinized the conduct of the first Trump administration and led to congressional investigations, including the 2019 impeachment proceedings against the president.

Earlier this year, a Justice Department office charged with giving legal advice to the executive branch told the president he was no longer obligated to follow the Presidential Records Act, which requires that White House documents be preserved and ultimately turned over to the National Archives for public use.

Under the DOJ’s theory for the law’s supposed unconstitutionality – a theory a federal judge has already rejected – Congress could never pass a statute that would “encroach” on the performance of a president’s executive power. The DOJ’s memo cast doubt on the idea that Congress could have a “legitimate” reason to study the inner-workings of a White House for the purpose of drafting laws.

The administration’s challenge of statutes that serve as a check on the presidency is in step with a shift under the Supreme Court in favor of the so-called “unitary executive” theory of presidential power.

The conservative majority – three members of which Trump appointed – has let Trump remove without cause heads of ostensibly independent agencies, trampling over limits placed by Congress. The Supreme Court is now considering a case that could decide on the merits the scope of a president’s firing powers.

The Supreme Court’s conservative majority last year also gave the administration the greenlight in an emergency order to withhold $4 billion in foreign aid funding – diminishing another check that Congress has on the presidency.

The new anti-weaponization fund fits “within a pattern of looking for ways to be able to spend money without Congress, to get greater executive control over federal spending,” said Zachary Price, a constitutional law professor and University of California San Francisco Law School.

Ironically, in its pushback to oversight from the Democratic House during Trump first presidency, the administration argued that courts need not order compliance with congressional subpoenas because lawmakers could use their spending powers to encourage participation in the probes. Now, if Democrats regain the gavel after the midterms, their tools for constraining the president will be weaker than what they had at their disposal with the 2019 House takeover.

“It takes a certain amount of honorable conduct for our government to work,’” said Doug Letter, a former longtime DOJ attorney who then served as general counsel for the Democratic-led US House in Trump’s first term.

Trump’s conduct goes “so far beyond what anybody thought when putting together the Constitution and our system of government,” Letter said. “I am not sure what the real check is, other than impeachment.”

CNN’s Marshall Cohen contributed to this report.

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