President Donald Trump is demanding that the Justice Department transfer $230
million in taxpayer dollars into his own personal bank account. He can do this,
because thanks to the Supreme Court’s recent decisions, the executive branch
could accurately be described by King Louis XIV—L’état, c’est Trump.
> When Trump says this is his decision to make, he’s probably right.
At first you might think, ‘Can he do that? Can he just shakedown the DOJ for
roughly a quarter of a billion dollars?’ And then you think about the Supreme
Court opinions under Chief Justice John Roberts, in which the court has shifted
the fundamental structure of American government such that federal agencies,
including the Justice Department, are mere extensions of the president’s will.
Trump, always on the lookout for the next grift, understands the immense power
this bestows on him.
The colossal cash transfer he is demanding is being described as compensation
for investigations the department launched into Russia’s interventions in the
2016 election and Trump’s absconding with classified documents after his first
term. Now that he’s back in the White House, Trump plans to make the government
pay for its appropriate use of its ability to investigate and prosecute to
safeguard our democracy. And he grasps the fact that he has the absolute power
to do that.
“With the country, it’s interesting, because I’m the one that makes the
decision,” Trump said Tuesday, responding to news of the impending payments.
“That decision would have to go across my desk. And it’s awfully strange to make
a decision where I’m paying myself.”
> Trump: "It's awfully strange to make a decision where I'm paying myself. But I
> was damaged very greatly and any money I would get I would give to charity."
>
> — Aaron Rupar (@atrupar.com) 2025-10-21T21:17:21.012Z
Strange indeed—especially since, technically, it is senior Justice Department
officials who would officially sign off on the payments, not the president:
Breaking the story on Tuesday, the New York Times framed the ethical conflict
around the fact that several of the DOJ officials who could sign off on the
payments were formerly Trump’s personal lawyers.
That’s corruption, of course, but in the old school way of putting cronies in a
position to help you. But we’re in a new world now, and Trump himself gets this:
He decides, because he effectively controls every decision made at every agency
(with the possible exception of the Federal Reserve). If he doesn’t like a
decision, he can fire the person responsible. Their desk is now his desk.
Don’t just take it from him: the Supreme Court said so. In a series of opinions,
Chief Justice John Roberts has reinterpreted the Constitution to give Trump this
power. This warping of our constitutional order is known as the unitary
executive theory, and it posits that the framers gave the president complete
control over the executive branch. Last summer, Roberts authored the infamous
immunity decision, Trump’s forever Get Out of Jail Free card, which protected
presidents from virtually all prosecution for official acts. That decision not
only permitted Trump to break the law, it also gave him unfettered control over
the investigative and prosecutorial functions of the DOJ—which presumably
includes issuing payments to those he claims should be compensated for
investigations gone awry. Which all is to say that when Trump says this is his
decision to make, he’s probably right.
As Roberts has handed the presidency more and more power over every inch of the
government, he has never copped to the fact that he was enabling corruption,
theft, or autocracy. Absurdly, he claimed to be increasing democratic
accountability. “The framers made the president the most democratic and
politically accountable official in government,” he wrote in a 2020 decision,
because “only the president (along with the vice president) is elected by the
entire nation.” It’s hard to take this with a straight face; the electoral
college allows a president to win fewer votes and still assume office, and a
president in his second term will not face voters again. (Although Trump may
try.)
Undeterred by these facts, Roberts wrote in a 2021 case that all executive
branch decisions are ultimately the president’s to make: The executive power
“acquires its legitimacy and accountability to the public through ‘a clear and
effective chain of command’ down from the President, on whom all the people
vote.”
The absurdity of Roberts’ decision was laid bare Tuesday: The president gets to
pay himself hundreds of millions in taxpayer dollars, because he controls all
executive branch personnel and all of their decisions, and there’s probably
nothing anyone can do about it. It sure doesn’t feel like our democratic
accountability has increased. Of course, Congress could and should pass a law
prohibiting such payments, and dare the Supreme Court to strike it down—but this
Congress is unlikely to do even that bare minimum in response.
What’s to stop Trump from paying allies the same way? Have them file a complaint
with DOJ over some legal skirmish, and then order the department to pay them
their reward. If Trump gains control of the Federal Reserve—as he is asking the
Supreme Court to give him—he could similarly transform the country’s central
bank into his own “bottomless slush fund,” as the Atlantic’s Rogé Karma reported
last month. He could use the Fed to pay his businesses, his friends, and his
donors. He could even keep ICE’s operations active by hiring private contractors
during a government shutdown, Karma points out, circumventing Congress’ power of
the purse.
If Trump will transfer a quarter billion dollars from the taxpayers to himself,
it’s clear that he wouldn’t shy away from any of these uses—and probably find
more ways to profit that we haven’t even dreamt.
Roberts can claim that he’s expanding democratic accountability. But at this
point, we can all see the mess he’s created. A man who takes from the voters to
line his pockets is not feeling all that accountable to anyone.