Trump Built a System That Pays People to Break the Law (w/ Ben Wittes)

The Supreme Court's temporary stay of a Fifth Circuit ruling that would have restricted access to mifepristone—the abortion pill—has preserved nationwide access to the drug via mail and telehealth, a lifeline for abortion care in post-Dobbs America. Ben Wittes and Sarah Longwell dissect the legal and political storm surrounding the decision, emphasizing that the Fifth Circuit’s move to block the FDA’s 2021 expansion of mifepristone access would have disproportionately harmed women in states where abortion is illegal. The stay, while not final, prevents a legal patchwork that could have criminalized a common medical procedure. Meanwhile, the episode turns to a more alarming development: Donald Trump’s plan to create a $1.7 billion slush fund to pay former allies and January 6th insurrectionists who were prosecuted—part of a broader pattern of systemic corruption, including pardons for violent offenders, dropping cases against political cronies, and weaponizing the DOJ to target enemies. Wittes frames this not as isolated misconduct but as a deliberate system designed to reward loyalty and punish dissent, effectively turning government into a tool for personal and political payoffs. The episode reveals a chilling strategy: rather than face public backlash for demanding a $10 billion payout from taxpayers, Trump is now using a centralized fund to quietly reward key supporters—many of whom have committed additional crimes—while continuing to prosecute political opponents. This creates a perverse incentive structure where breaking the law becomes a path to financial gain, especially for those who used violence to disrupt democracy. The implications extend beyond individual payouts: it signals a fundamental transformation of the rule of law into a transactional system where loyalty is rewarded with taxpayer-funded settlements, and dissent is met with prosecution. As Wittes warns, this isn’t just about individual corruption—it’s about building a legal architecture that incentivizes lawbreaking for the right people.