Words & Phrases

‘Accountability’ has to mean something

JENNIFER RUBIN FEB 10

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If there are never adverse consequences for those who abuse others, break laws, and lie about their misdeeds, we should stop promising “accountability.” With every revelation from the Epstein-Trump files and every maddening redaction of a perpetrator’s name, we see there is very little to no “accountability” for those who preyed on children, feigned ignorance of child rape, and/or continued to pal around with Jeffrey Epstein after he plead guilty to two charges, served (cushy) prison time, and registered as a sex offender.

(Credit: Christopher Ames)

Before any files were released, the perpetrators’ apologists said we did not know the names of those to hold accountable. Now, with so many perpetrators’ and enablers’ names revealed, some will no doubt argue we cannot hold anyone accountable. “Where will it end?” Well, when every single person receives punishment commensurate with their conduct. Indeed, the number of Epstein associates is evidence of a monstrously extensive pedophilia racket — not the excuse for doing nothing. We are left to grapple with a horrifying reality: Throughout the worlds of politics, finance, sports, and academia, child rape has been all too common and tolerated.

Deputy Attorney General Todd Blanche’s infamous assertion is bone-chilling in its moral obtuseness. “It isn’t a crime to party with Mr. Epstein,” he said. For starters, what one did during the “partying” may certainly have been illegal. Beyond that, the notion that everyone not convicted of a crime escapes all blame is morally obnoxious and repulsive. Obviously, criminal punishment for those who raped or facilitated rape provides accountability for one segment of the cesspool of wrongdoers. But there must be some form of accountability for those who knew rapes were occurring and did nothing, as well as for those who, after Epstein’s crimes were made public, continued to socialize with him, thereby normalizing his conduct.

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Where do we start? Complete transparency is essential. Every non-victim’s name must be disclosed. When criminal prosecution (state or federal) is possible, that should be vigorously pursued. Members of the administration who continued to cover up elite men’s association should be fired, face impeachment, and/or be referred for professional conduct. But all facets of society need to be engaged for those who frequented Epstein’s parties with underage girls and/or continued to socialize with him after his conviction. Professional associations and licensing bodies must examine their members’ conduct; government departments must create guidelines to assess their employees; sports leagues must review franchise owners’ and players’ conduct; and shareholders and boards of directors must establish standards for management.

Beyond Epstein’s pedophilia cover-up, we must face up to the entire culture of impunity, cruelty, and unaccountability that defines the Trump regime. What will we do about all those who committed crimes, undermined democracy, and lied to the American people? Real accountability must not stop at Trump and his Cabinet but extend to larger circles of policy implementers, party supporters, and civil society enablers.

(Credit: busra İspir)

History provides some guidance. When the Nazis fell from power, the apartheid government in South Africa collapsed, and Communist governments crumbled, thousands and thousands of people had blood on their hands. The successors to those regimes did not throw up their hands, declare, ‘Too many evil people, too hard to punish!’ or propose that it was “time to get onto something else” (as Trump demands we do with Epstein). Even when the perpetrators technically were following laws of those regimes (unlike Epstein’s grotesquely illegal child rape ring), the successor governments employed trials and criminal punishment, public naming and blaming, and ostracism from leadership roles in the new society to reckon with the past. Entire countries wrestled with the issues, and mass public education began (and continues to this day), with the aim to deter such conduct in the future. We had better start thinking about and enforcing “accountability” if we hope to see any for the Trump regime.

The task seems especially daunting in the case of the MAGA regime, given the hundreds — if not thousands — who are abusing immigrants, engaging in corruption, lying to courts, and/or violating their oaths of office or professional ethics. When we consider that Trump likely will pardon hundreds (thousands?) of his minions (and we can only imagine the hue and cry that we move on, rather than dwell on the past), the urgency of actually addressing “accountability” becomes clear.

When it comes to Trump regime lawbreakers, accessories to torture at hellholes like CECOT, corrupted prosecutors pursuing Trump’s enemies, officials lying under oath, or plotters aiming to steal the 2026 election, accountability must begin with a collection of facts. Congress, bar committees, commissions, state and federal prosecutors, and other bodies can assemble evidence and encourage whistleblowers to come forward. 

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In 2022, Protect Democracy issued a report, “Toward Non-Recurrence,” to grapple with how countries “emerging from periods of autocratic abuses of power” deal with accountability. Protect Democracy’s report explained that: 

Mechanisms ranging from commissions of inquiry to public apologies and professional sanctioning of dangerous behavior should be considered as part of broader accountability schemes working towards non-recurrence. These mechanisms should be viewed as self-reinforcing rather than competing. 

We have done this before, be it through the Warren Commission, the 9/11 Commission, the Jan. 6 Committee, or the Church Committee.

Findings should be disclosed publicly so we can rebut disinformation, victims can pursue their tormentors (as happened when KGB and Stasi files were opened), policy makers can undertake reforms, and, in the case of Trump’s despotism, public education can begin.

Once we know who did what to whom, it will be necessary to determine gradations of wrongdoing. Who broke the law? Who went along with orders? Who helped normalize/protect the worst offenders?

Accountability does not necessarily mean criminal prosecution. Accountability can be in the form of civil damages, firing from government and positions of trust, permanent disqualification from government service, disbarment (for lawyers), military justice (for current and former military), disqualification from management of publicly traded companies (in cases of bribery or other corruption), suspension from government contracting, and private sector sanctions (e.g., loss of tenured faculty positions or law partnership).

As the Protect Democracy report put it, “Unearthing a full and truthful record of wrongdoing, rebuilding robust social norms governing acceptable political behavior, and constructing a shared narrative may be just as important as enforcing consequences for transgressions.”

Compelling Americans not to avert their eyes from the real harm done to individuals, groups, and our democracy might help us re-establish a culture of accountability and reach consensus about standards of public ethics. (For example, we may want to impose government censure and/or civil liability for those in government who fail to report wrongdoing.) That national reckoning could help avoid a repeat of the calamitous Trump regime.

In short, we need to get serious about accountability…or get rid of the term. Vaguely promising accountability without discussing what that entails and with no consideration of concrete mechanisms to achieve it will only perpetuate cynicism, loss of trust, and a general atmosphere of impunity. That applies to the Epstein cohort — and to Trump’s entire anti-democratic regime.

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