Looks like I went to bed too soon last night. I woke up a little while ago to learn that several staffers of the House Judiciary Committee worked with the White House on the wording of Trump’s executive order on immigration.
Now, the White House and Congress work together on legislation all the time, and much of that work is done by staffers. That much is totally normal. What’s not normal in this case is that 1) the staffers didn’t tell the committee chairman, Rep. Bob Goodlatte, R-Va., or their respective House bosses what they were doing, and 2) they signed a nondisclosure agreement about their work.
As Josh Marshall at Talking Points Memo points out:
To be clear on one point, Goodlatte isn’t some moderate or softy. He’s an immigration hardliner. It’s unlikely he would have disagreed with at least the broad outlines of the executive order, though perhaps he might have disagreed with some of the particulars.
Still, as a result, Congress knew nothing about the order until the White House announced it on Friday, although work apparently began during the transition period after the November election. That’s not the kind of move that is likely to further a good working relationship between the White House and Congress, as Politico points out:
“Their coordination with the Hill was terrible,” said one senior GOP source on the Hill, who seemed flabbergasted that congressional Republicans didn’t receive talking points from the White House on the executive order until late Saturday night, about 24 hours after President Donald Trump signed it. “We didn’t see the final language until it was actually out.”
The fumbled roll-out serves as a cautionary tale to Trump officials who decide to go it alone in enacting controversial policies without help from Congress. Indeed, the lack of consultation has set off a wave of resentment on Capitol Hill. GOP insiders believe that the White House and Goodlatte staffers could have avoided the drama that unfolded over the weekend had they looped in relevant lawmakers on the front end.
The episode also has instilled a wariness among GOP aides about the White House.
“These executive orders were very rushed and drafted by a very tight-knit group of individuals who did not run it by the people who have to execute the policy. And because that’s the case, they probably didn’t think of or care about how this would be executed in the real world,” said another congressional source familiar with the situation. “No one was given a heads-up and no one had a chance to weigh in on it.”
When I read about this, I immediately wondered whether AG nominee Jeff Sessions, a bigot of long standing, had had something to do with it. Per Politico, I was right:
Insiders told POLITICO that the botched roll-out of the immigration executive order was coordinated for the most part by White House policy director Stephen Miller, a former Sessions staffer, and Trump senior strategist Stephen Bannon.
So why is this all a big deal? If you’ll recall, Congressional Republicans said during the presidential campaign that they would serve as a check on Trump’s worst ideas, just as the Constitution envisioned that Congress would do to the executive branch. But Trump and his staff now have demonstrated that they are willing to seek to bypass congressional oversight, just as they are defying federal court orders. And like all bullies, they’ll keep going until they get smacked.
We’re about to find just how constitutionally oriented the Republican Party is. Given the GOP’s voting record over the past 20+ years, I don’t think we’re going to like what we find.