'This whole thing smells': Nebraska Republican dunks on Trump

Count Rep. Don Bacon (R-Neb.) among the sparse but growing crew of Republicans with the courage to criticize President Donald Trump as he crushes the GOP.

Bacon is also among the ranks of Republicans retiring this year, so he finds his courage “on the way out the door” as some critics have accused. Nevertheless, from the safety of his retirement, Bacon is lobbing major pushback against Trump’s controversial slush fund settlement proposal on CNN.

“This whole thing smells,” Bacon told CNN. “You have the president is the is the plaintiff, but he's also in charge of the defendants. So he's, in a sense, negotiating with himself. And most people look at that. And that's not impartial. It surely looks partial. So there has to be some kind of arbitrator or some kind of like a judge or something that helps provide an impartial decision on who would get this money.”

The announcement of the fund’s creation prompted condemnation among both Democrats and Republicans. On Thursday, Trump’s acting Attorney General and former personal lawyer, Todd Blanche, met with congressional Republicans in an attempt to win support for the fund, but one conservative Senator calls the fund “tyranny.” And the meeting was a failure, with Republicans adjourning for the Memorial Day break with no agreement on the fund, nor with approval on an immigration and border enforcement budget reconciliation bill that Trump supports.

“Everybody has the right to sue,” insisted Bacon. “The president has the right to sue. But you can't negotiate with yourself on a taxpayer settlement. And that's what's happening. … [Y]ou have the president negotiating with himself and how much taxpayer money should be given out and who should be going to. And so just on the surface it looks bad. I mean, he represents both sides of this debate.”

Bacon's criticism represents a rare moment of institutional pushback within Republican ranks, though his decision to retire does complicate the narrative. Unlike sitting Republicans who fear primary challenges from Trump-backed candidates, Bacon has less political incentive to stay silent. His remarks highlight a fundamental legal principle: the appearance of impartiality matters in government proceedings.

By serving as both plaintiff and defendant in his own lawsuit, Trump has created a scenario that violates basic standards of fairness and due process—concepts traditionally championed by conservatives. The fact that even Republicans are struggling to defend the arrangement suggests the legal architecture of the settlement is fundamentally flawed. Whether Bacon's courage will inspire other retiring Republicans to speak out remains an open question, but his willingness to publicly challenge the fund's legitimacy on constitutional grounds signals that opposition to Trump's moves extends beyond Democratic circles.

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