Blog on the Run: Reloaded

Tuesday, January 31, 2017 8:07 am

A fledgling coup?, cont.

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.

 

 

 

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Monday, January 30, 2017 6:48 pm

A fledgling coup?

Scary, and illegal, as Donald Trump’s executive order limiting immigration was, it was still a conventional policy initiative.

But there was nothing conventional — or legal, or constitutional — about what happened after a federal judge, Ann Donnelly in U.S. District Court in Brooklyn, issued a ruling on the order. (A federal judge in Alexandria, Leonie Brinkema, later issued a similar ruling in a similar action on behalf of some people who were detained upon arrival at Dulles International Airport near Washington, D.C. Brinkema’s order went further than Donnelly’s, mandating that those people at Dulles be allowed to talk with lawyers.)

Customs and Border Patrol agents kept stopping and preventing people covered by the executive order from entering the United States, detaining them in direct violation of the judges’ orders. CBP agents at Dulles, informed by representatives of the American Civil Liberties Union that the detainees were entitled to legal counsel, responded, “That’s not happening.”

That means one of two things: Either the judges will hold a federal official, likely someone with CBP, in contempt, or the rule of law is dead in this country. And I’m not sure even a contempt citation with actual jail time would convince the Trumpites not to do what they’re doing.

As Yonatan Zunger writes at Medium:

That is to say, the administration is testing the extent to which the [Department of Homeland Security] (and other executive agencies) can act and ignore orders from the other branches of government. This is as serious as it can possibly get: all of the arguments about whether order X or Y is unconstitutional mean nothing if elements of the government are executing them and the courts are being ignored.

Zunger asks whether this is the beginnings of a coup. When executive-branch officials directly disobey a federal judge’s orders, I think the answer is probably yes.

The judges’ rulings empower the U.S. Marshal’s Service to enforce those rulings. Were I Judge Donnelly or Judge Brinkema, I’d have whoever was overseeing the CBP at JFK Airport and Dulles, respectively, in jail, and possibly higher-ups as well.

And even if the judges did that, I don’t know whether it would be enough. I honestly do not believe the Trumpites are going to stop until they are forced to. And it is clear that the Republican Party in Congress, supposedly a check on executive power, does not have the will to force them to.

And if that didn’t bug you, consider this: Steve Bannon, the unreconstructed Nazi who is now Trump’s top advisor, has been given a seat on the National Security Council — and the Chairman of the Joint Chiefs of Staff, the nation’s top military officer, has been booted out of the group.

My friend David Gwynn said this on Facebook:

Steve Bannon is basically your crazy alcoholic uncle who lives in a broken down trailer on the outskirts of Merced. And he tells the President what to do. This should frighten just about everyone.

This is true, but it’s even more appalling, as one member of the Facebook group Indivisible Concord posted:

Bannon has no government, intelligence, or high-level military experience; his experience is leading a propaganda outlet (Breitbart News) that peddles nationalist and white nationalist viewpoints.

This would be deeply concerning in and of itself. But one of the jobs of the NSC is to oversee a secret panel that authorizes the assassination of “enemies of the United States Government” – including American citizens. These targeted killings are fully authorized by law under the Congressional military authorization act following 9/11. There is no trial, no due process, and no public record of the decision or the assassination itself.

Just to recap the absurdity: the President of the United States has appointed a known propagandist, nationalist, and white supremacist to replace the highest military advisor in the country on a council that authorizes secret, legal, targeted killings of American citizens (and others) without due process.

And if you’re thinking, “Oh, they’d never do that to a U.S. citizen,” well, they already did, when President Obama ordered the extrajudicial assassination of Anwar al-Awlaki. I said at the time that Obama should have been impeached for it.

So, you folks who like to say, “If I’d been there back then, I’d’ve …,” here we are. It’s time to do whatever you would have done.

UPDATE, 8:06 p.m. 1/30: A federal judge in Los Angeles, apparently annoyed that ICE deported a man in violation of HIS order, has ordered ICE to go bring him back, per the L.A. Times. That’s good, but holding some people in contempt, too, would’ve been better.

UPDATE, 9:35 p.m. 1/30: Earlier today, Sally Yates, the acting attorney general, announced that the Justice Department would not defend Trump’s executive order on immigration in court. A few minutes ago, Trump fired her. He said in his statement that she had “betrayed the Department of Justice.” This is, of course, bullshit of the purest ray serene. She swore an oath to uphold the Constitution — not the Justice Department or any president or administration — and that’s what she did.

Trump and Bannon are basically claiming that they are the Constitution. This is officially the biggest constitutional crisis since Iran-contra, if not the 1973 Saturday Night Massacre.

UPDATE, 8 a.m. 1/31: Steve Benen at MSNBC reminds us of some fairly recent history. Scene: Sally Yates’s confirmation hearing in March 2015 after being nominated to the post of deputy attorney general:

At the time, none other than Sen. Jeff Sessions (R-Ala.), now Trump’s nominee to be attorney general, reminded Yates that she’ll have to be prepared to stand up to the White House should a president urge her to do something she considers unlawful. From the transcript:

SESSIONS: Well. you have to watch out, because people will be asking you to do things you just need to say ‘no’ about. Do you think the attorney general has a responsibility to say no to the president if he asks for something that’s improper? [„,] If the views the president wants to execute are unlawful, should the attorney general or the deputy attorney general say no?

YATES: Senator, I believe the attorney general or the deputy attorney general has an obligation to follow the law and the Constitution, and to give their independent legal advice to the president.

Two years later, Yates did as she promised. For her trouble, Donald Trump fired her and accused her of “betraying” the Justice Department.

History will remember only one of them kindly.

Thursday, July 1, 2010 8:30 pm

He left out the hat and robe. FAIL.

Filed under: Aiee! Teh stoopid! It burns! — Lex @ 8:30 pm
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Sen. Al Franken, D-Minn., sketches Ranking Minority Member Jeff Sessions, R-KKK, during Elena Kagan’s Supreme Court nomination hearing before the Senate Judiciary Committee. Franken also fell asleep, which I totally don’t blame him for because, as the committee member with the least seniority, he had to listen to everybody else talk before he got his turn and there hasn’t been any real drama in a SCOTUS confirmation hearing since Clarence Thomas in ’91. Not to mention the fact that senators don’t even ask real questions in these hearings anymore anyway, probably because not a damn one of ’em knows how.

Wednesday, June 30, 2010 9:52 pm

I’ll have what he’s smoking

Filed under: Aiee! Teh stoopid! It burns! — Lex @ 9:52 pm
Tags:

Sen. Jeff Sessions, the ranking minority member on the Senate Judiciary Committee, thinks Brown v. Board of Education and the Citizens United cases are very similar civil-rights cases.

Can we just go ahead and declare the entire state of Alabama a public-health hazard? Because that level of Teh Stoopid is lethal.

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