The "Hey, WATCH THIS!!" administration
by Tom Sullivan
"He absolutely can do it, constitutionally, but it is not wise.”
— David Rivkin, a conservative constitutional lawyer for the George H.W. Bush and Reagan administrations
Legal scholars, including conservative ones, view with alarm the many institutional norms our sitting president already has shredded. Taking a flamethrower to the place, as Al Pacino raged in one of his roles, is precisely what many among the unshakable #MAGA base wanted. If they (and we) are lucky, there will be time to regret their impulses later. It is as if "Hey, WATCH THIS!!" became a governing philosophy. It will make for an eye-opening section in political science.
The Washington Post's Ellen Nakashima examines the corrosive effects of the Trump presidency on the presidency itself. Has granted pardons (Sheriff Joe Arpaio's, for example) to political allies without consultation with the Office of the Pardon Attorney. He has revoked the security clearance of critics (former CIA director John Brennan; others are on Trump's to-do-to list). This month, Trump declassified and released law enforcement material connected with special counsel Robert Mueller's Russia investigation:
Constitutionally, such actions are defensible. But the president is “eviscerating precedent and procedure,” said David Rivkin, a conservative constitutional lawyer who was an attorney in the George H.W. Bush and Reagan administrations.Some of Trump's actions may have the salutary effect of sweeping out the bureaucratic cobwebs that periodically need sweeping out, such as the way we over-classify documents and issue near-permanent security clearances:
“As far as the mechanics of government are concerned, it is creating anger and disharmony on both the side of the political masters and the career people,” he said. “It breeds resistance. It’s negative synergy.”
Trump’s unorthodox approach — taking actions, in many cases, without consulting key advisers — may bring a much-needed shake-up to the federal bureaucracy, some conservative scholars say. But others say it not only risks eroding the norms of government, but also may lead Congress and the courts to erect guardrails that constrain the presidency, leaching it of the flexibility integral to its effectiveness.
“Shouldn’t we look, every couple of administrations, at least, at the structure of the executive bureaucracy and ask ourselves, ‘Is it working the way it should work?’ ” said Charles Kesler, a government professor at Claremont McKenna College.But the cavalier manner in which Trump flexes his Article II powers "creates an opportunity for mischief, if not maliciousness,” says Paul Rosenzweig, a George W. Bush administration veteran now a senior fellow at the R Street Institute, a "center right" think tank.
NBC News incorrectly reported (as usual) that I was limiting the FBI investigation of Judge Kavanaugh, and witnesses, only to certain people. Actually, I want them to interview whoever they deem appropriate, at their discretion. Please correct your reporting!
— Donald J. Trump (@realDonaldTrump) September 30, 2018
* * * * * * * * *
For The Win 2018 is ready for download. Request a copy of my county-level election mechanics primer at tom.bluecentury at gmail.