I'm no conspiracy theorist but the Supreme Court and Epstein got me thinking

Anyone wanting to understand the brouhaha over Pam Bondi’s refusal to turnover (or even acknowledge) the Epstein files need look no further than what the Supreme Court just did.

In McMahon v. New York, the Supremes gave Trump a simple way to revoke federal spending authorized by Congress: just fire everyone responsible for implementing that spending.

The high court is allowing Trump and Education Secretary Linda McMahon to fire over half the people who work for the Department of Education until there’s a full hearing on the constitutionality of their action. But by then it will be too late to save much of the department.

Note that the Supreme Court made this astounding decision on its so-called “shadow docket” where it doesn’t even have to explain itself (the only record we have is Justice Sonia Sotomayor’s dissent).

No matter that Congress created the Department of Education; apparently, Trump can effectively end it. No matter that Congress in the 1974 Impoundment Control Act prohibits a president from unilaterally refusing to spend money that has been authorized by Congress; apparently, Trump can disregard the Act.

Trump now has unbridled power to repeal federal laws by the simple expedient of firing federal employees who implement them.

Why? How? On what basis? Who’s behind this? We don’t know. We may never know.

Which gets us to the brouhaha over Jeffrey Epstein.

For years, Trump has talked darkly of a “deep state” — a secret cabal intent on destroying America by harming the nation’s children.

Such as, perhaps, six justices who let him shut down the Education Department without even setting out their reasons?

Recall “Pizzagate,” the QAnon conspiracy theory that in 2016 allegedly linked Democrats to a ring of child sex-traffickers. It’s still around but has morphed into a less partisan conspiracy theory involving an alleged worldwide elite of child sex-traffickers.

Jeffrey Epstein and his death fit perfectly. Many right-wing media personalities have posited that the billionaire convict was murdered in prison as part of a cover-up of a sprawling sex-trafficking conspiracy.

Senior Trump administration officials built up great fanfare around the release of the supposed Epstein “client list.”

Even JD Vance accused the government of hiding the list. “If you’re a journalist and you’re not asking questions about this case,” Vance said, “you should be ashamed of yourself.”

But that was back in 2021, before Vance became part of the, um, conspiracy.

In February of this year, Attorney General Pam Bondi acknowledged the existence of Epstein’s client list. She said the client list is “sitting on my desk right now.”

Now the Trump-Vance administration says Epstein’s client list doesn’t exist.

The Epstein case illustrates Trump’s “deep state” no less than does an unsigned “shadow docket” Supreme Court decision allowing Trump to wipe out the Department of Education.

The phrase “Epstein didn’t kill himself” — a rebuttal to the official explanation of Epstein’s death — has taken on a cultural meaning way beyond the facts of the case. It means an unaccountable elite doing evil things in secret.

Trump built his political base on that premise. Once in office, he said time and again, he would expose that unaccountable, secret, evil elite.

No wonder 70 percent of voters believe “law enforcement is withholding information about powerful people connected to Epstein,” including 61 percent of Trump voters. And 58 percent of voters said Trump “maybe was or definitely was” involved in a cover-up.

Conspiracy theories thrive when elites act in secret. I have no idea whether Epstein killed himself or was murdered. But Wired Magazine’s metadata — showing that the FBI’s “raw” surveillance video from the night Epstein killed himself is seemingly missing 2 minutes and 53 seconds — got my attention.

As did the Supremes' bonkers secret decision in McMahon.

And I’m no conspiracy theorist.

After hyping the promised release, a joint FBI and Department of Justice report last week said they had found no evidence of a list — or that Epstein had been murdered — prompting outcry from within MAGA circles.

As Bondi faces heightened scrutiny for her repeated attempts to dodge questions about the Epstein files, Laura Loomer also teased that “there are people in the White House who agree with me that Pam [Bondi] spent too much time on Fox News and her statements were inconsistent and undermined what messaging is today about the Epstein files.”

Other prominent MAGA-aligned supporters of the president have also warned that Trump could see significant damage to his standing among his base if he does not change course.

Sixty-three percent of voters in a Quinnipiac University national poll released Wednesday said that they disapproved of Trump’s handling of the files. Republicans were also nearly split. Just 40 percent said they support how he’s handled the files, with 36 percent disapproving and another 20 percent not offering an opinion.

Mike Flynn — who briefly served as Trump’s national security adviser in his first term — wrote in a lengthy X post on Wednesday that Trump needed to “gather your team and figure out a way to move past this.”

“The roll out of this was terrible, no way around that,” Flynn wrote. “Americans want America to be successful, therefore, WE NEED YOU TO BE SUCCESSFUL.”

Elon Musk — with whom Trump had a blowup fight last month in which Musk accused Trump of being named in the Epstein files — criticized his former boss for trying to paint the whole situation as a hoax.

“He should just release the files and point out which part is the hoax,” Musk wrote on X Wednesday.

The MAGA meltdown over Epstein “could be his Afghanistan going into the fall,” Mark Mitchell, head of polling and operations at Rasmussen Reports, told Steve Bannon Tuesday on his “War Room” podcast

“People are trying to say this isn’t a big deal,” Mitchell said. “People are trying to say nobody wants this Epstein information out. It’s an absolute misdirection. This is horrifying. And if it isn’t corrected, it threatens derailing Trump’s agenda, getting rid of his political capital.”

“This is not about a guy who died in 2019, this is about a representation of two-tier justice and about unaccountable government,” Mitchell told Bannon.

On Wednesday, conservative political commentator John Solomon told Bannon that he had interviewed the president, and that Trump supported the appointment of a special prosecutor to investigate elements of the Epstein case as part of a broader look into a supposed deep state conspiracy to punish the Republican Party.

“I think he’s frustrated by all the social media chatter by people who don’t really know what’s in the Epstein files,” Solomon said. “He was very pointed about that, let’s stay focused on the things that matter to the American people. ‘I want the answers to Epstein like everyone’, he said, so let the prosecutor do that.”

The Epstein fiasco also prompted Speaker Mike Johnson to split with Trump on Tuesday, calling for the Department of Justice to release all the information it has on the sex offender in the name of “transparency.”

“It’s a very delicate subject, but you should put everything out there, let the people decide it,” Johnson told conservative commentator Benny Johnson, adding that Bondi should explain her previous claims of having the elusive Epstein “client list.”

Just a day prior, the Louisiana Republican had defended Bondi, choosing to defer to the Trump administration instead of criticizing the attorney general.

But Trump appears to remain unmoved despite growing rebellion within his MAGA cohort.

In the Oval Office on Wednesday, Trump repeated his claims that the whole ordeal was a “hoax” peddled by Democrats and once again defended Bondi’s handling of the case.

“She’s done very good. She says ‘I gave you all the credible information,’ and if she finds any more credible information, she'll give that too. What more can she do than that?” Trump said, adding that he had “lost a lot of faith in certain people” over their outcry on the administration’s approach to the issue.

• Robert Reich is a professor emeritus of public policy at Berkeley and former secretary of labor. His writings can be found at https://robertreich.substack.com