âHopeyâ Hicks, as the Donald calls her, may have been the least likely White House aide to defy President Trump.
âItâs a farce,â said Democrats as they left for their lunch break after a morning listening to her testimony.
Who wouldnât be upset with someone who wouldnât even answer where she sat in the West Wing (Answer: in the office closest to the Oval, where all Trump had to do was call âHopey, Hopeyâ and sheâd come running)? When Hicks tried to answer a question about getting former Attorney General Jeff Sessions to un-recuse himself from overseeing the Mueller investigation, she was cut off by counsel asserting blanket immunity. It was, said Democratic Rep. Ted Lieu, âobstruction of justice in action.â
Who wants to sit still for that? Spoiler: the Democrats on the Judiciary Committee, who always knew the White House position meant theyâd learn little from Hicks. Privilege isnât open to Hicks, after she waived it by appearing before the Mueller investigation. Instead, in a letter to Chairman Jerrold Nadler, White House counsel asserted that she was âabsolutely immuneâ from discussing her tenure in the administration, period. Justification for that, apparently, is to come later.
For legal and emotional reasons, Democrats were thrilled that Hicks, as close to Trump as anyone save family, publicly defied the president by coming, even if only to assert that she could tell them nothing.
Still, she gave them something. Perhaps surprisingly, thereâs no controlling legal authority defining the breadth of what aides can testify to. With all its limitationsâin private, surrounded by lawyers, with a dry transcript to come days laterâHicksâ appearance gave Democrats, with no time to waste, a promising case to take to court to challenge the White Houseâs definition of immunity.
Presidents, both Democratic and Republican, give each other some leeway on the scope of testimony. They all treasure protection for their candid conversations. But even under the broadest interpretation, immunity doesnât extend to where you sit at work. Nadler predicted after Hicks left, âWe will destroy them in court.â
And Hicks also gave Democrats some much-needed drama as the first person from the inner circle to show up, which Woody Allen once defined as 80 percent of life. Her stilettos clicking down the marble halls of the Rayburn Building was the sound of the stone wall cracking, from the inside out.
Her closeness canât be exaggerated. Think of her as the first female body man, or the daughter Trump didnât have. As pretty as Ivanka (Hicks was a model for her clothing line) and as loyal, Hicks became the essential confidante Trump couldnât live without. She had no husband or kids competing for her time, no prior business to protect, and no need to draw lines, however faint, over Charlottesville or children at the border to preserve her brand. With no relevant experience for the job, she was Trumpâs first and only choice to be his campaignâs press secretary.
She was good at itâa Disney princess who could mollify the press while maintaining Trumpâs trust. She parried with reporters about payoffs to a porn star and the cobbling together of an explanation on Air Force One (adoptions!) to explain Don Jr.âs leaping at a meeting with Russian operatives promising âdirt on Hillary.â So frequently in the room where things happened, Hicks appeared on more than 180 pages of the Mueller Report, almost on cue, whenever obstruction of justice was in the air. She persisted somehow without her designer dresses getting muddied.
After crushing it on the campaign, Hicks was named communications director in the White House at age 28, the Donaldâs own Tom Hagan, the non-family member consigliere in The Godfather who would go further than Fredo and Sonny to secure his place. How far Hicks went, we donât know, although she admitted to the House Intelligence Committee in 2018 that the job required that she occasionally tell âwhite lies.â Given that Trumpâs told thousands of lies, it was likely many more than a few, and in fifty shades of gray.
It was after that admission became public that she resigned and fell into the waiting arms of Lachlan Murdoch, chairman of the Fox Corporation, where covering up is part of the job description. More than $85 million in payouts to victims of sexual harassment and attacks at the hands of Roger Ailes, Bill OâReilly, and others were kept secret at Fox for years. No corporation is closer to Trump than the Murdochs'.
By taking a seat at the mahogany table, Hicks got to look like a good citizen, at least better than the likes of Don McGahn, the lawyer who Trump now calls a liar and whoâs risking a contempt citation for resisting a subpoena. Hicks also threw a bone to frustrated Democratic committee members who may go easy on her later. At the same time, to her prior bossâand her new oneâsheâs proved sheâs an employee who can be loyal.
Thereâs the possibility that the White House will remain one step ahead of Democrats. With only a transcript, we wonât hear her breathy voice, see her flinch at or dodge a question, gulp and reach for water, whisper to her lawyer. This could end up like the Mueller Report, little-read and subject to the spin of Trump and the consiglieres whoâve taken over since Hicks left.
All Democrats have is âsee you in court.â But itâs more than they had Wednesday.