Step Two: Trump’s original policy is successfully challenged on legal grounds.
It’s possible that no president has fared worse in court than Trump. His apologists blame “the resistance,” but often the real culprit is Trump himself. He proudly tweets his own unlawful intentions and sabotages his lawyers’ best arguments. Many of his orders, moreover, cannot withstand even cursory factual or logical review.
.. Step Three: The Trump administration engages in animus laundering.
When Trump loses in court, he doesn’t walk away. Instead, he grudgingly allows his lawyers and advisers to undertake a series of bogus, ends-driven “reviews.” As demonstrated by the travel ban and transgender ban cases, the goal here is to put just enough lipstick on the pig to pretend it isn’t a pig anymore. Often that is achieved by drafting a new order that uses slightly more polite and legalistic language to express the raw bigotry underlying Trump’s original decision. Justice Department attorneys can then insist in court that the (minimally revised) policy has been certified as legitimate by an assorted handful of Cabinet secretaries... It has become fashionable to insist that advisers such as Defense Secretary Jim Mattis and Chief of Staff John F. Kelly can pacify Trump’s most destructive instincts. With respect to the president’s animus-laden orders, however, they have displayed little interest in that role. Kelly publicly championed Trump’s travel ban. And it is rumored that Mattis, despite opposing the transgender ban, deemed this fight unworthy of his political capital. As a result, Trump’s agencies have largely run on animus autopilot.