Trump and Leonard Leo: The biggest ‘let them fight’ ever

Can you think of two people you would rather see in a cat fight than President Donald Trump and head Federalist Society goblin Leonard Leo? No, you cannot. 

Trump has apparently soured on Leo, at least according to the lengthy screed he posted on Truth Social Thursday night. 

“I was new to Washington, and it was suggested that I use The Federalist Society as a recommending source on Judges. I did so, openly and freely, but then realized that they were under the thumb of a real ‘sleazebag’ named Leonard Leo, a bad person who, in his own way, probably hates America, and obviously has his own separate ambitions,” he wrote.

Well, he’s not wrong about the “sleazebag” part. 

Trump is furious because one of his own judicial picks was part of the three-judge panel that threw out his ridiculous “Liberation Day” tariffs. But Trump isn’t capable of admitting he made a poor choice in nominating Timothy Reif to the U.S. Court of International Trade in 2018, so it must be someone else’s fault. 

But there doesn’t seem to be any evidence that Reif was a Leo pick. The Court of International Trade has not really been a hotbed of controversy, and nominations are usually not contentious, which was the case with Reif, who was confirmed via voice vote. In fact, the Wall Street Journal made sure that the first thing it reported about Reif was that he was a Democrat who worked in the Obama administration, because conservatives have to spin Reif as a wild-eyed Trump hater. 

Leonard Leo, the executive vice president of the Federalist Society, speaks at the 2017 National Lawyers Convention in Washington, Thursday, Nov. 16, 2017. (AP Photo/Sait Serkan Gurbuz)
Leonard Leo is seen speaking at the 2017 National Lawyers Convention.

What this is really about is that Trump can’t comprehend one of his nominees ruling against him. He treats judicial nominations like a mob boss, expecting perpetual favors for his largesse, so when that doesn’t happen, he’s equal parts confused and outraged. So now he’s going after Leo. 

Leo isn’t being drawn in because he’s not a toddler like Trump, but he did throw some subtle shade in his official statement. 

“There’s more work to be done, for sure, but the Federal Judiciary is better than it’s ever been in modern history, and that will be President Trump’s most important legacy,” he wrote.

Of course, it’s really more Leo’s legacy than it is Trump’s, and somewhere deep in his sad, shriveled soul, Trump knows that—which is probably partially why he’s so mad. 

It’s Leo, not Trump, who worked for decades to get a conservative majority on the Supreme Court. It’s Leo, not Trump, who deftly shepherded decades of attacks on abortion until he got that conservative majority to overturn Roe v. Wade. It’s Leo, not Trump, who is Justice Clarence Thomas’ best buddy, going all the way back to Thomas’ confirmation hearings in 1991. It’s Leo, not Trump, who got to hang out with billionaire Harlan Crow while he showered gifts on Thomas, resulting in the weirdest photo-realistic painting ever. It’s Leo, not Trump, who actually has the respect of the legal establishment—not that it’s warranted.

But one way that Leo is very much like Trump is that he’s a dark money machine who landed what is probably the biggest political donation ever: $1.6 billion from Barre Seid, an incredibly rich conservative. That makes Elon Musk’s donations to Trump look small-time, though Musk did get the reward of tearing down the federal government. 

So it looks like Leo and the Federalist Society will not be picking Trump’s judges for him this time around. Unfortunately, this means we’ll get people with all of the vicious ideology but none of the judicial experience. Leo is a sleazebag and an amoral monster who would happily put everyone under his thumb, but at least he knew some lawyers with actual relevant experience. Without Leo, it’s just going to be an endless parade of nominees like Emil Bove

Unfortunately, after White House deputy chief of staff Stephen Miller told CNN Friday that the Trump administration won’t be using the Federalist Society for vetting this time around, a cold realization settled in: If Leo isn’t picking the judges, Miller probably is. Can’t wait for a raft of groypers from Liberty University to get lifetime appointments. 

One thing Trump may not have taken into account when picking this fight is that if there is one person in the country who wields enough behind-the-scenes power to hurt Trump, it’s Leo. 

Leo has built his network carefully over about four decades, and he knows—and has funded—nearly everyone. If Trump’s judicial picks owe loyalty to anyone, it’s Leo. 

Who can say where this spat will end up, given that Leo doesn’t seem to be bending the knee to Trump. But one thing is for certain: When the worst people in the world fight each other, we all win—if only because we get to watch.

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