Sheldon Whitehouse Profile picture
Jun 26, 2025 19 tweets 3 min read Read on X
The tale of Trump and “his” justices — you need to understand this to understand what went down at the Supreme Court. The commonly understood story is wrong.

So here we go 🧵
Remember when Trump first ran, how the most powerful political force on the Republican side was the Koch political operation? Americans for Prosperity and the associated armada of Koch-funded, coordinated front groups?
Remember how they hated Trump, saying in 2016 that Trump is a “terrible role model” and that Trump’s idea to create a national registry for Muslims was “Nazi Germany” and “monstrous.”
Remember in August of 2015 how Trump hated them back? He mocked his rivals in the primary, calling them “puppets,” going out to the Koch annual political gathering (yes, the one Clarence Thomas shows up at), to kiss their ring.
Remember how much Koch and right-wing money was then being poured into the scheme to capture and control the Supreme Court? As of March 2022, it was over $580 million. Clearly capturing the Court was a Koch top priority.
Remember that the battle between House of Koch and House of Trump suddenly went quiet? And Kochs poured millions into Republican GOTV helping Trump? Odd pivot, no? With no explanation?
Remember May 2016, when Trump announced his so-called “Federalist Society list” of justices he would choose from? Remember that we then discovered that the Federalist Society never even considered, let alone approved, any such list? It was a cover.
So who did the list? Obviously, Leonard Leo as the Kochs’ minion was the central spider in the Koch web, helped by Don McGahn, long connected to the Kochs via Freedom Partners and Americans for Prosperity. In fact, it was a Koch/Leo list — a Creepy Billionaires List.
What did the Kochs know about Trump? They knew he was the least trusted person in the business world, who cheated left, right, and center, and that only a fool would accept his word on anything. So any deal with him had to put him on the record.
Do you see the deal shaping up? Kochs back off on Trump, and in return Kochs get to pick Supreme Court justices. Since a secret deal with Trump is no deal at all, they came up with the idea of announcing a public list to pin Trump down.
House of Trump likely promised that Leo would be the fixer in the mix, and McGahn put in as Trump’s White House counsel, no less — a Koch operative positioned inside the Trump White House in the job handling judicial nominations.
With the list public and Leo and McGahn locked in, the Kochs in fact went quiet on Trump, and poured money into Republican field operations (Trump was still too disgusting to them to help directly, but a deal is a deal, and field helps Trump).
Here’s another clue: Kavanaugh was not on the list. If the Koch list, falsely described as a “Federalist Society list,” was a real thing, why not stick to it; and why not complain when the deal was broken and the list not honored?
Because the deal was always between Kochs and Trumps, and moving Kavanaugh onto the list, to help get Kennedy to resign, was welcomed by both parties to the deal. A contract between two parties can be amended at will if both agree!
So there was not a peep from anyone, and there were no proceedings in the Federalist Society to amend the list, as the parties to the transaction shuffled the list around to get the outcome they desired: another seat, and a Koch-picked nominee.
Back to questions: What did Trump know about this? Was he told the whole story? Or is he just now discovering that “his” SCOTUS nominees were picked by the Koch operation through, in essence, Koch “moles” planted in Trump’s operation?
We know that the Koch/fossil fuel polluters’ batting record at the Court is better than Trump’s, which Trump may have noticed. We know that the front-group armada that steers the Court is funded and directed by Koch/fossil fuel polluters.
Just look at the 2021 SCOTUS case paving the way for a constitutional right to dark money. That case was brought by Koch flagship Americans for Prosperity Foundation along with a flotilla of at least 55 Koch-connected amici.
The Court Capture scheme was a long-standing Koch/fossil fuel polluter covert op, so why not have “moles” and secret deals and false fronts like the Federalist Society, as a covert operation would? If true, this makes Trump the chump in the Koch scheme.

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More from @SenWhitehouse

Jul 24
Now that the smoke has mostly cleared from Canada’s wildfires, let’s try to clear some of the bogus smoke ABOUT Canada’s wildfires, particularly Trump’s fossil-fuel-friendly denial that climate change has anything to do with it.
Is it “bad forest management”? Canada’s forest is over 900 million acres. The entire continental US is 1.9 billion acres. They’re supposed to “manage” a forest half the size of the whole Lower 48? Grow a brain.
Plus, it’s wilderness. As in wild. As in without roads. For normal people, a vast wilderness still existing on our planet is a good thing. So the notion of “managing” this vast wilderness is too stupid to be real.
Read 9 tweets
Jul 14
Well, I told you to watch the Florida proceedings about whether a “fraud on the court” was committed in the slush fund case, and we now have the federal judge’s decision, and it’s a doozy.

Here’s how she framed the question:

🧵
Whether Trump and the defendants “ignored ethical norms, court rules, and legal authority to manipulate the judicial process …. to gild their efforts to gain unprecedented access to the public fisc with the patina of legitimacy.”
Punchline: they did. “Plaintiffs [Trump et al] improperly employed this lawsuit to justify … access to taxpayer funds and exemption from audits and other investigations … accomplished by leveraging control over Defendants [Blanche et al].”
Read 17 tweets
Jul 1
For most of our American history, Congress set up agencies and commissions to deal with complex and specialized questions. 

We made them expert, independent and often bipartisan. 

Every single one of the fifty states has done the same at some point.

It worked.

🧵
Expertise helped them resist being tricked by industry. Independence (“quasi,” anyway) helped them resist corrupt influence. 

Bipartisanship steadied the ship. Yup, it worked. 

America became a global leader in regulated areas (securities and pharmaceuticals, e.g.).
Six extremists on the billionaire-built Supreme Court just upended that: ninety years of its own precedent, and over 100 years of practice, reliance and success.

They think they know better, than Congress, the people, their own predecessors, and all fifty states.
Read 9 tweets
Jun 25
A new chapter in a sordid saga opened this week with the DC Circuit agreeing to reconsider, en banc, the decision of a 2-1 divided panel regarding contempt of court at senior levels of the MAGA DOJ. 

The full DC Circuit will now weigh in.

🧵
This began with the midnight deportations ordered halted by Judge Boasberg, which continued anyway. In that matter, MAGA DOJ thug Emil Bove reportedly said lawyers should be ready to tell the judge to “f*** off.”
DOJ’s noncompliance caused the judge to open an inquiry into possible contempt of court. In that contempt proceeding, Emil Bove might have had to testify, and his conduct would have been scrutinized.
Read 11 tweets
Jun 12
We have a President who is petrified of the truth getting out about his long friendship with Jeffrey Epstein.

Many questions remain.

🧵
nytimes.com/2026/06/10/mag…
Lisa Bloom, who likely knows as much as anyone about the credibility of the accusations against Trump, says “the man who is mentioned probably more than anyone else in the Epstein files should be subpoenaed to testify: Donald Trump.”
thedailybeast.com/lawyer-for-don…
Bloom’s firm represented Jane Doe 4, the woman who accused both Trump and Epstein of assaulting her when she was underage, as well as another Trump accuser in 2016.
Read 12 tweets
Jun 11
When Trump thug lawyer Emil Bove joined the MAGA Justice Department, he quickly became involved in three instances of likely prosecutorial misconduct.

One of them caught the attention of a federal judge as potential contempt of court.

🧵
When the judge scheduled a hearing to look into whether contempt of court had been committed by the MAGA DOJ, two Trump judges on the DC Circuit court suddenly stayed those contempt proceedings. (The dissent is worth reading.)
The “administrative stay,” customarily a very short-term intervention, in this case lasted four months. In those four months, Emil Bove was rammed through the Judiciary Committee and into a Third Circuit judgeship.
Read 9 tweets

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