All posts by Davi Ottenheimer

T. Elliot “Election Subversion” Gaiser Rules President Can Destroy Official Records

What’s notable in the latest Trump administration move is the role of a legal operative named T. Elliot Gaiser.

T. Elliot Gaiser

He clerked for Alito, was Trump’s 2020 campaign legal advisor, advising that Pence had a “substantive” role in certification and could keep Trump in power, and is now the author of a Justice Department’s Office of Legal Counsel (OLC) opinion declaring a post-Watergate accountability law unconstitutional.

He’s moved from election subversion to records destruction immunity.

The Presidential Records Act of 1978 requires presidential documents be sent to the National Archives and Records Administration. In an opinion released Thursday, the Justice Department’s Office of Legal Counsel found the law “is unconstitutional for two independent but interlocking reasons.”

It exceeds Congress’ powers and it does so at the expense of the autonomy of the presidency, T. Elliot Gaiser wrote in the opinion, noting that Congress can’t order the papers of Supreme Court justices to be sent to the archives.

Election subversion to records destruction. Who is he?

At his confirmation hearing, Senator Whitehouse called him “completely unqualified.”

…Trump and the GOP had set the stage for a “MAGA DOJ that is actually weaponized.” …Gaiser [was] emblematic of that effort.

Whitehouse also slammed Gaiser… “Why would you want to put in somebody who is completely unqualified for the Office of Legal Counsel?” he opined. “…you put somebody in who knows they’re unqualified for their job, and so they’ll do whatever they’re told, whatever they’re asked.”

On the OLC Venezuela memo for Operation Absolute Resolve a legal analyst described it as “largely incoherent,” finding that Gaiser struggled to sustain a legal argument for more than a couple of paragraphs without contradicting or undermining it.

How incoherent? Legal analyst Asha Rangappa found that Gaiser destroyed his own case. His memo concedes the administration had no intelligence that Maduro would attack the United States, that his actions posed no imminent threat to U.S. forces, and that Venezuela’s regional aggression would not justify an attack. The only legal justification left was self-defense. And then Gaiser’s memo ruled it out. The entire analysis rested on an assurance from Trump that there was no plan for the US to run Venezuela. Trump then said the opposite at the press conference announcing the operation.

The Gaiser memo authorizing the operation explicitly stated it could proceed only because there was no plan to run Venezuela. Trump then announced it was starting and the US planned to run Venezuela.

The OLC isn’t just advisory. Its (now unqualified) opinions carry the same legal force as the statutes they interpret, and are binding on other agencies and officials unless the attorney general overrides the office or the president opts not to take its advice.

Gaiser produces legal cover on demand, insulated from peer correction, building a chain of classified precedents that no one can challenge.

His loyal incompetence is the whole point. He’s unqualified by design. His incorrect opinions are the product.

Trump already fired the head of the National Archives and used a loophole to poison it with a Nixon loyalist, which is the one agency with standing to challenge this. There is no internal actor left to push back. Only courts. And by the time a case reaches a court, the records will be gone.

Young American white men who don’t remember Nixon, yet who were raised intentionally to venerate that criminal President and undo protections, seems to be a theme. Gaiser was curated through Hillsdale, Heritage, Ginni Thomas’s org, and the Federalist Society clerkship circuit: his entire career path was explicitly a counter-Watergate project to rehabilitate the unitary executive theory that Nixon embodied. Watergate discredited it all but Gaiser is here to disagree.

He argues Congress cannot preserve presidential records “merely for the sake of posterity” as if no valid legislative purpose. But the PRA’s stated purpose was explicitly anti-corruption, enacted four years after Nixon. Gaiser erases real and very important history in the opinion and then rules there is no identifiable purpose. That’s not an interpretation, that’s a lie.

He is committing gross falsification of the legislative record.

Last September, Gaiser signed a memo arguing incorrectly that US strikes on alleged drug traffickers during Operation Southern Spear were lawful, comparing alleged drug traffickers to foreign nations attempting to invade the United States.

Then in November, he incorrectly told Congress the strikes on Latin American cartels were not subject to the War Powers Resolution, which is a violation of US and international law. That month, he also authored a memo supporting detailing military lawyers as immigration judges.

Election subversion. Civilians as militants. War powers without Congress. Military lawyers as immigration judges. Presidential records destroyed. Each opinion is meant to bind the executive branch to criminal acts, as if to bring Nixon back. Each incorrect one builds on the last.

Hegseth Fires Top General in Power Struggle With JD Vance

The U.S. military indicators in the Iran War are bad across every dimension.

Objectives: The administration has offered multiple changing justifications for the war. From pre-empting Iranian retaliation, to destroying missile capabilities, from preventing a nuclear weapon to securing oil resources, and regime change. Strategy? What strategy? That’s a list of post-hoc rationales.

Regime change: Failed. Mojtaba Khamenei represents a consolidation, where the system is reproducing itself with greater rigidity and less accountability than before.

Strait of Hormuz: Still closed. Oil prices up 45%, over $110 a barrel, with 3,000 vessels stranded. Some are predicting $200 a barrel. The Philippines declared a state of emergency over energy shortages.

Diplomacy: Iran’s foreign minister says trust is “at zero.” Iran calls US demands maximalist and irrational.

Command: Trump’s address to the nation after 33 days was a tired restatement of month-old talking points with no exit, still no strategy. One analyst said flatly: “He wants to get out of this war. He just doesn’t know how.”

Escalation trap: Robert Pape, a University of Chicago professor of political science, says it plainly:

Every time he makes a tactical move, it is a strategic failure that leads him to double down in search of success. It’s not just a ladder — it’s a trap.

Five weeks in. Hormuz remains closed. Regime remains intact and harder. No exit in sight. Missiles not destroyed and still firing.

Roughly half of Iran’s missile launchers are still intact and thousands of one-way attack drones remain in Iran’s arsenal despite the daily pounding by US and Israeli strikes against military targets over the past five weeks, according to recent US intelligence assessments, three sources familiar with the intel told CNN.

“They are still very much poised to wreak absolute havoc throughout the entire region,” one of the sources said of Iran.

Five weeks of holding the trigger down and unloading all the bombs and missiles that America could, and yet Iran is poised to attack. Remember this statement by Trump?

We say we got 99%. 1% is unacceptable, because 1% is a missile going into the hull of a ship that cost a billion dollars.

If 1% remaining is unacceptable, what’s 50% remaining? The U.S. is running out of munitions and is unprepared to replace them, meaning every day of war has better positioned Iran to threaten Israel and America.

Fire, Ready, Aim

So what does Hegseth do? Fires the Army chief of staff. Why? He wasn’t biased enough, and balked at Hegseth orders to remove blacks and women from the U.S. military. Or, more to the point, he aligned more with JD Vance.

Hegseth told US Army Chief of Staff Gen. Randy George to retire immediately, a Pentagon official told CNN. He also fired two other Army generals Thursday, a US official said — the chief of chaplains, Maj. Gen. William Green Jr., and the commander of Army Transformation and Training Command, Gen. David Hodne.

Fired the chief of chaplains and transformation too. It’s a purge of ethics, intelligence and strategy. The conflict boiled over when Hegseth’s chief of staff, Ricky Buria, told the JD Vance ally Army Secretary Dan Driscoll that Trump would not want to stand next to a Black female officer at military events. Driscoll escalated in direct defiance of Hegseth’s operation, repeatedly refusing pressure to remove Black and female officers from the promotion list, citing their decades of exemplary service. Hegseth did it himself.

George’s firing is Hegseth asserting that the Army belongs to him, not to Vance’s man Driscoll. Purging the officer corps requires identifying and removing people with institutional authority. Fighting a war requires empowering people with institutional authority. Hegseth is in direct opposition to winning.

The US military’s advantage is precisely the diverse institutional knowledge, professional officer corps, and honest intelligence function that Hegseth is dismantling. That’s the removal of depth, with not enough to fall back on. Once it’s gone it takes a generation to rebuild.

Putin did the same thing to the Russian military over twenty years. Promoted loyalty over competence. Removed officers who delivered unwelcome assessments. Built a command culture where no one tells the boss the operation is failing. The result was Ukraine in February 2022 shooting Russians like fish in a barrel. Columns stalled on the road to Kyiv. Logistics didn’t work. Intelligence assessments told Putin what he wanted to hear about a Ukraine collapse in days. The army built only to be loyal couldn’t execute a basic combined arms operation.

Hegseth’s actions say he wants only white male officers who execute without pushback. What he’s building is officers who will confirm without accuracy. Those look the same from the top until the operation fails and nobody saw it coming because nobody was allowed to say so.

So the Army is hollowing out in a war with its chief gone, its intelligence assessments suppressed, its promotion system corrupted, and its officer corps afraid to speak.

Iran didn’t need to win on the battlefield to degrade US command capacity. The Trump administration did it to itself. Roughly 500 years of accumulated military expertise eliminated, with no explanation given.

Soon it will be theocracy, just like FOX news.

a constant torrent of lies, misleading statements, and half-truths

Trump Slip Reveals Ballroom as Fascist Command Center

A trip down memory lane…

Franklin Roosevelt ordered a new East Wing built at the White House in 1942.

The White House East Wing came to represent American resilience and victory in WWII.

The public reason was office space, which covered construction of the Presidential Emergency Operations Center (PEOC) underneath. The bunker’s existence was kept secret. Presidential emergency command would be protected from that ground.

It was there, with the new East Wing, that America defeated Nazism.

Donald Trump in 2025, promoting the Nazi-adjacent slogan America First, abruptly ordered the East Wing demolished. Now he revealed a privatized military command center is rising in its place. The donors funding it are shielded from public disclosure. When a federal court ordered construction halted, Trump invoked national security to override the court and ignore the law.

People complaining about staircases to nowhere and windows without a view, don’t get it.

The ground is the same. The logic is exactly inverted. What once protected the republic from the Nazis will now be a corporate-backed command center for the Peter Thiel network. Of course the stairs go nowhere.

Thiel Said Democracy and Freedom Are Incompatible

Peter Thiel wrote it plainly in 2009: “I no longer believe that freedom and democracy are compatible.” He never believed it. Just look at his background. It was a program statement. Everything since has been its execution. He may as well have said he would be building a Klavern.

Tulsa officials in 1921 immediately moved to completely erase the race massacre from records, going so far as to build a new white supremacist meeting center (“Klavern”) directly on top of the firebombed Black business and homes.

The goal, stated explicitly, was to escape democratic politics. He described a “deadly race” between politics and technology in which the choices of individual builders would determine the outcome. The machinery he had in mind was literal.

Thiel is plain. He wants capital free from any constraint, government replaced with authoritarian control. He built his first fortune at PayPal on the model of a digital Swiss bank account with explicit ambitions to create a currency “free from all government control.” He funded seasteading, floating city-states beyond any government’s reach. He bankrolled J.D. Vance’s Senate campaign to the tune of $15 million. Thiel backed many candidates, and now Vance is now Vice President. Just steps away from closing down democracy.

Thiel Now Owns the Military’s Brain and Its Weapons

Palantir, co-founded by Thiel in 2003, began with CIA seed money. It wormed into military and intelligence agencies across the Western world, despite massive shortcomings. In March 2026, the Pentagon designated Palantir’s Maven Smart System a “core enterprise system” across all branches of the U.S. military. A mandate. Maven is a command-and-control platform that processes battlefield data and identifies targets, proving itself a failure in Iran. Over a month of Palantir “targeted” strikes at huge cost, and it doesn’t look like Iran is losing. Palantir has used money alone, not capability or outcomes, to position itself as the data layer through which the American military thinks, plans, and kills.

Anduril, backed by Thiel’s Founders Fund, now owns the autonomous weapons layer. In March 2026 the Army illogically awarded Anduril an enterprise contract with a ceiling of $20 billion, suddenly consolidating over 120 existing orders under one point of failure. Palantir misidentifies the target. Anduril is contracted to kill it with defense lemons. Who can forget this report?

A drone start-up backed by the US tech billionaire Peter Thiel has conducted two trials with British and German armed forces that were branded a “disaster”, raising questions about its bold public claims and its hopes of winning government contracts.

From there Thiel won ALL the contracts.

The consortium they formed (Palantir, Anduril, SpaceX, OpenAI, Scale AI, Saronic) describes its mission as delivering “the technological infrastructure, from the edge to the enterprise.” Palantir, Anduril, and SpaceX carry Thiel’s fingerprints directly through Founders Fund. This consortium has increasingly become the government’s operational nervous system, because of a billionaire pushing it.

The Ballroom Is a Private Military Command Center

Palantir is also a confirmed donor to the ballroom itself. Thiel’s company is on the White House donor list, funding the cover structure above the command complex that his men will operate. Palantir co-founder Joe Lonsdale ran the America’s PAC that helped Trump win in 2024. The political installation and the military infrastructure capture of the White House were being run in parallel. They in fact were the same operation.

The reality now is that Trump does not plan, he is the chaos that obscures the planning. Iran, Venezuela, and even the tariff eruptions are just corruption, impulse and grievance, yet never strategy. The ballroom looks like a real estate developer who doesn’t understand architecture. That reading is correct and also entirely irrelevant to what’s happening beneath it. Vanity builds a bozo-looking ballroom to distract critics.

It takes a whole different muscle to investigate the purposes of a classified military complex underneath it with logistics like a hospital for extended occupation.

Trump slipped and said it out loud: the ballroom “essentially becomes a shed for what’s being built under.” The shed is 90,000 square feet and nearly double the size of the White House. The complex underneath is classified, military-built, hospital-equipped, drone-proof, bio-hardened, with hardened telecommunications. Trump claimed it falls outside judicial authority because it carries no public price tag: “This is being financed privately. It’s a donation.”

Private donors. Identities shielded. Building a military command center on sovereign soil.

The hospital detail he added is actually significant. Bomb shelters are for evacuation. A hospital is for extended occupation. This is infrastructure for governing through a crisis, such as the end of elections.

The genealogy of the man really driving it all, and why, has been documented separately.

It Stands on the Ground That Defeated Nazi Germany

The American public as it entered WWII in 1942 saw an office building when presented with the new East Wing. Underneath, the government was constructing the presidential emergency command shelter. The PEOC then evolved over eight decades into the hardened command center through which American presidents managed existential crises. It was historically significant. It was institutional infrastructure. It belonged to the republic, not lease of all because it still symbolized the defeat of fascism.

Trump demolished all that so a private cabal orchestrating the government can build a replacement, borrowing the same cover story logic FDR used. The public is meant to see a ballroom. Underneath, contractors are building a classified command complex. The donors are anonymous. The courts are excluded. The president calls anyone who reveals the true nature of the privatized project unpatriotic.

A coup transfers power between factions within constitutional structures. What is being built here goes beyond. When a private network owns the data layer of the military, the autonomous weapons layer, the AI targeting system, and the physical command center at the center of American government, all funded privately, all shielded from judicial review, all secret by design, the Constitution has been made operationally irrelevant.

Thiel wrote that the goal was escape from politics “not via politics but beyond it.” Beyond it means: after democratic accountability has been made structurally impossible.

The East Wing represented the democratic victory over fascism. Now on the rubble left by Trump, a German-born billionaire, known for refusing to denounce Nazism, is building a private command infrastructure of a post-democratic American state.

That is no ballroom. That is the plan.

Rarely Has the World Seen a War Fought as Badly as Trump Steaks in Iran

Where’s the beef? Cover of the latest Time issue.
Donald Trump in 2007 launched overpriced frozen meat in a campaign he called “The World’s Greatest Steaks“, using a paper catalog for a technology gadget store. A mail order frozen steak for $999 was supposed to be an attractive item to include with your electric screwdriver, or a pair of headphones. Everyone with a brain knew this would be a disaster. It launched anyway.

The Rockefeller Center was described as the largest press crowd the Sharper Image CEO had ever seen. Flash. Bang. Boom. Smoke. And then, two months later, Trump withdrew from it all completely as if he had never been there. A business disaster.

The CEO estimated total sales across all channels had reached… basically nothing. He expressed surprise that it had reached even that. And it doesn’t matter, because whether a few steaks sold in an orchestrated campaign like the Melania documentary-denial-of-service opening day or not, the Trump plan was a bust as usual.

Bombing Iran without a clue now stands as just the latest chapter in Trump’s long pattern of being a big show with no go.

When he withdrew from Steaks, let alone his retreats from Vodka, Casinos, Airlines, Education… an endless list of cruelty covering up tactical and strategic blunders, it all added up to a different league than today’s topic of disaster.

The difference? Body count.

Who Pays Trump to Fail

Trump Steaks was a plain harm to ranchers, distributors, and investors who bought in on the ruse. The guy who made it happen walked the other direction from those he had pushed over a cliff. He moved on. They didn’t, financially.

The Iran war follows the same structure yet with an immoral scale of historic military disaster. Thirteen US service members dead, revealing command failures. More than 1,500 Iranian civilians dead, including nearly 200 school children triple-tapped to death in a war crime using millions in American weaponry. As if that wasn’t bad enough, a second school was bombed a week later. Upward of 5,000 Iranian military casualties. The Gulf states hosting American forces have been exposed for weakness and battered. The global economy clearly has been absorbing the Hormuz shock.

The man who launched Trump Steaks is already repositioning like he knows nobody is buying, again. Regime change went from done, and done, and done to now “a very big hurdle” that someone will need to do. Every day he keeps calling the war won, then starts promising a short war, then says negotiations are ongoing and war takes time. Negotiations? Tehran says they don’t exist.

The people working the line are hit hardest by the bad Trump brand. The owner is arguing about his pivot to the next thing.

Competent Complicity

This asymmetric resolve dynamic was well known in advance. Every serious analyst of US forever wars knew Iran would not fold.

A stronger power with less determination to fight starts a military conflict with a far weaker state whose government’s survival is on the line. The weaker side fights harder. Always has, always will. The Scythians checked Darius I. North Vietnam outsmarted and outlasted the United States blinded by Nixon. The Taliban outlasted the Soviet Union and then outlasted the United States again. The Eritreans outlasted the Soviet Union and the Ethiopians.

Rubio’s weak attempt to claim Iran is “weaker than ever” was a dishonest assessment. It was painting a dumb decision already made as analysis. Imagine him choking on his very first bite of Trump Steak and saying it’s more delicious than ever.

The professionals who remained in office under Trump to execute his plan had access to the literature telling them not to do it. They knew the history and the models. They chose to perform analysis that was asked of them, not report the analysis that was true. That’s a choice they made, to feed the decline of America.

The institution participates in its own corruption.

Sharper Mirror Image

Iranian President Masoud Pezeshkian has now written an open letter to the American public asking whether the war serves “America First.”

It’s mocking America in a way that never could have landed before Trump. Iran is highlighting a distinction Trump has made himself between his administration and the people. Appealing over the head of the government directly to the population is possible because 60% oppose the war, and Trump popularity levels are dropping so low they remind us of Hitler in 1933.

This is what Israel and the US had planned to do to Iran. Encourage the population to separate from its government. It didn’t work there, despite massive violent clashes with the government and casualties in the tens of thousands. Pezeshkian has more raw material to work with because Trump himself has given American adversaries the audience.

Iran is simply appealing to what already exists, because of Trump. Deepening opposition that’s already there. The Iranian government is doing to American public opinion what information operations tried to do to Iranian public opinion. And the targeting of America is better because Trump spent a year painting targets domestically for foreign states to focus on.

The supreme leader, Mojtaba Khamenei, has not been seen or heard publicly since the war began. More than a month of the unknown. If he’s dead, the succession question is live and the regime the US is fighting may already be something different than what it says it targeted. If he’s alive and hidden, the decapitation theory failed at its primary objective while generating every cost it was supposed to avoid.

Trump avoids admitting the failures by saying every day his war is “nearing completion”, just like his late and over budget ballooning “ballroom” boondoggle. The 200, no 300, no wait, 400 million development project funded by Lockheed Martin and Google, built illegally without congressional authorization, on the demolished site of the historic White House East Wing. A judge halted it yesterday as Trump claimed it was ahead of schedule, just like Trump War and Trump Steaks.

Meanwhile, the Strait of Hormuz stays closed like everyone said it would. Trump calls it other peoples’ problem. Daily missile strikes continue like everyone said they would. Trump calls it other peoples’ problem. The Iranian president is writing letters to the American public, because Trump is less representative and more unpopular than ever. All this can’t coexist with the President declaring he’s “nearing completion” on anything.

The Architecture of Impunity

The Americans opposed have all the polling numbers and no leverage. That’s the interesting new development in terms of political science.

Nixon proved how a president could run a criminal war, get caught, and avoid real punishment. The system response was impeachment processes, resignation, pardon, and institutional reform that looked like accountability while actually removing all the mechanisms that would prevent the next one.

The War Powers Act of 1973 was passed explicitly to constrain presidential war-making. And it has never stopped a war. Every president since has ignored it, worked around it, or gotten retroactive congressional cover. The architecture of accountability became the architecture of impunity with extra steps.

The Church Committee unfortunately has shown the same weakness. It documented CIA abuses in detail. It created oversight committees. Those committees became the institutional laundering mechanism for the next generation of abuses. Oversight clearly exists. The committees are set up and talk about the abuses. The abuses continue.

The post-Nixon settlement thus has created the performance of democratic control over war. It is more durable than absence, because it preempts a demand for the real thing and real accountability to prevent another Nixon-level debacle.

Pezeshkian writing to the American public brings this into focus, because it acknowledges this. He’s going around the American architecture of holding the President accountable, because it is little more than decorative fluff.

The people who executed this war knew what Trump was selling and did it anyway. Sharper Image went to market with Steaks. The post-Nixon system was engineered to produce the appearance of accountability while preventing it, and that’s exactly what Iran doesn’t understand about regime change in America. Or do they?