Trump and his regime are not invulnerable

They taunt us from a place seemingly above the law to make us feel helpless and demoralized. But Democrats can act now to hold them accountable.

Whenever we despair about the Trump administration’s open corruption—the foreign interests pouring billions into Trump’s crypto scam, the rich donors buying presidential pardons, and now allegations that border czar Tom Homan accepted paper bags full of cash to facilitate government contracts—we should remember this: The power President Donald Trump and his minions claim to enrich themselves depends on the perception that nothing can be done to stop them.

The brazenness is the point. When MAGA influencers such as Megyn Kelly tweet out “We DO NOT CARE” in response to the Homan bribery allegations, when a Department of Justice’s official says “No MAGA left behind” after the latest pardon of a Trump loyalist, when Trump unabashedly hosts one of his Chinese billionaire crypto investors at his Florida home, they are taunting us from a place above the law to make us feel helpless and demoralized.

And yes, I get it—Democrats in Congress can’t subpoena or investigate. The Justice Department has lost its independence. The courts can’t constrain unlawful acts unless a victim with standing sues.

But the invulnerability these crooks are projecting is an illusion.

For, as every rational player in the marketplace of buying and selling Trump favors knows, there is a strong likelihood that Democrats will win the House in 2026, and at least an even chance that one will be elected president two years later. If Democrats start communicating now what they will do when they regain power to hold the enablers and beneficiaries of corruption accountable, the players’ calculus might change.

So, for all you Democratic members of Congress and potential presidential candidates out there, here are some things you can start doing today, ideally in a coordinated fashion.

• Say again and again that the statute of limitations on any provable crimes committed by members of the administration or in connection with their schemes is five years, and that a future Democratic administration will not protect them from prosecution.

• Start arguing that anyone who buys something from a company owned by the president and his family with the expectation of influencing an official act, whether lower tariffs, favorable regulatory treatment, or a pardon, might be committing the crime of bribery.

• Promise to launch investigations into these transactions—particularly into foreign purchases of Trump crypto—the moment Democrats win the majority in the House or Senate, and to make the results public for prosecutorial authorities anywhere in the world to use. Send letters now to major purchasers of Trump products informing of them of this.

• Remind everyone that though Trump can pardon people who commit crimes, he cannot pardon companies. Send specific warnings to the United Arab Emirates’ investment funds and to other corporations that bought Trump crypto or partnered on suspicious real estate deals explaining the legal and financial consequences they could face if it is found that they participated in a corrupt scheme.

• Make clear that a future Democratic president will use his authority under the Global Magnitsky Act to freeze the assets of any foreign person or entity involved in serious corruption connected to the Trump family or to other administration members—and that even people pardoned by the president can be sanctioned under this law.

• Copy every foreign embassy in Washington on the preceding messages.

• Introduce legislation requiring all foreign persons or companies making significant payments to companies owned by the president to register those emoluments with the Treasury Department and imposing a 100% tax on the recipient of any emolument that has not been approved by Congress, as the Constitution requires.

• In response to allegations that the Justice Department has closed investigations into corrupt acts by administration officials like Tom Homan, promise that a Democratic House or Senate will subpoena all relevant documents and recordings, and remind DOJ that destroying evidence is a crime.

• Inform companies in sectors that have faced unlawful pressure to censor Americans critical of Trump or to perform other favors for the administration that they could be risking liability under federal and state anti-corruption statutes if they take such actions to get favorable treatment from the government. Reps. Dave Min (D-Calif.) and April Delaney (D-Md.) sent a letter to that effect to major law firms in April; a similar message might now need to be sent to media firms.

I feel sorry for the foreign governments and corporate executives who think they must give in to corrupt demands or face the wrath of this vindictive president. But they should understand they are merely trading one set of risks for another. Likewise, those who willingly play the game to buy influence with the U.S. government should know they someday might have to explain themselves to a congressional committee or to a court. The casual investors wondering if intrinsically worthless Trump products will increase in value should also be aware of these dangers. Let’s see how Trump crypto does without the certainty of further large purchases from favor-seeking billionaires and sovereign wealth funds.

As for the rest of us who want to see the corruption end, we should remember that there is always something to be done. Let the crooks start worrying about what that something will be.

Tom Malinowski is a former member of Congress from New Jersey who was an assistant secretary of state in the Obama administration.

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