The Supernumerary Executive

Conservatives who think about constitutional and legal issues, the administrative state, and the executive branch have argued for many years now for the importance of the so-called “unitary executive” model of the presidency.

.. And conservatives therefore tend to recoil from the notion that the broader executive branch has its own distinct prerogatives and exists apart from the president as a kind of administrative state onto itself.

But when you talk to senior officials in this administration about their work, and when you listen to the ways they talk about it with journalists and activists, it’s hard to avoid the conclusion that what we are seeing in the Trump era so far is the emergence of something like the inverse of the unitary executive. 

.. Today, the people who occupy executive-branch positions (in the White House and in other agencies) are all trying to administer the government as if there were a president in office directing their work in the ways presidents generally do, even as they know that isn’t quite the case. And when people raise concerns with them about something the president has said, they respond by offering calming assurances that there is a body of people governing precisely not as extensions of the president. They say “the system is working,” and they mean we have a functional administration most of the time despite what’s going on at the top

.. The national security team calms foreign and domestic worries by pointing to the layered infrastructure of decisionmaking they have tried to set up. Social and fiscal conservatives on the inside calm those on the outside by pointing to the work being done by various appointees. When the most populist and nationalist of Trump’s supporters become worried that he might be abandoning them to make deals with swamp dwellers they are reassured by like-minded people very close to the president that he will soon enough move on and let them work. These various calming voices are of course in some tension with one another, but they are in agreement that at this point what the administration does is not connected to what the president says in the usual way.

.. But once in a while—through Twitter or an interview—we get a glimpse of Trump himself that has the feel of a fleeting glance into the dark, swirling maw of a shrieking brute, angry and in pain, and kept out of view by careful machinations. 

.. But the idea that there is much more to the executive than the president is a form of a problem with the administrative state that conservatives normally, and rightly, worry about.

.. Like the importance of character in leadership, this longstanding conservative concern is a subject many on the Right will probably feel is better avoided or dismissed while this particular president is in office. But as with the character question, it sure seems like there will be a price to pay in time.

Don’t Overestimate Trump’s Ability to Knowingly Collude with Russia

It is President Trump’s character that leads me to think he didn’t do it, at least not in a way the impeachment-hungry mob hopes he did.

Oh, I think he’s morally capable of having done it. As a candidate he publicly called on the Russians to (further) hack Hillary Clinton’s server and release the missing emails. He is the one member of his administration incapable of condemning Russian president Vladimir Putin or his regime. Indeed, his instincts are to hail Putin’s “leadership.”

.. Nor do I think Trump surrounded himself during the campaign with people who would have talked him out of collusion (save for then-senator Jeff Sessions).

.. But while they may have been willing to coordinate with the Kremlin, I’m not at all certain they would have been able to pull it off — and keep it a secret. Everything we know about the Trump campaign is that it was a shambolic moveable feast of warring egos, relentless leaks, and summary firings. But we’re supposed to believe that everyone maintained total secrecy about Russian collusion?

.. The man admitted he fired FBI director James Comey to thwart the Russia investigation. Indeed, his blunders are what invited the investigation in the first place.

  1. .. First: Trump thinks the probe is unfair. He knows he didn’t personally collude and feels unjustly accused.
  2. Second, it’s a blow to his ego, because he thinks it robs him of credit for what he believes was a landslide victory. (It wasn’t.)
  3. And third, he fears Mueller might find something else. Perhaps Trump’s not nearly as rich as he claims. Maybe his business practices (or those of his family), particularly with regard to Russia, would not withstand close legal scrutiny. One explanation for why Trump always flattered Putin on the campaign trail is that he thought he would lose the election, so why foreclose future business opportunities?
.. Steve Bannon matter-of-factly told author Michael Wolff: “This is all about money laundering.”
.. Tellingly, the president has said he might fire Mueller if he looks into his family’s finances.

Situation Normal …

He seems simply incapable of thinking institutionally, and instead he does something like the opposite: He confuses the relationship between the institution he serves and himself, expecting it to serve him. This means we often effectively don’t have a president, in the constitutional sense of the term.

.. “Amid global anxiety about President Trump’s approach to world affairs, U.S. officials had a message to a gathering of Europe’s foreign policy elite this weekend: Pay no attention to the man tweeting behind the curtain.”

.. senior administration officials and senior members of Congress are asking people with concerns about Trump to just ignore him and pay attention instead to what his administration is doing, which often has fairly little to do with what Trump says.

.. we are asked to see only a tax cut and a great parade of judges when we think of Trump’s governing record.

we shouldn’t become too desensitized and should take note of the character of some of what now pass for everyday occurrences. To note them is not to charge the president with treason or with any other crime or to suggest he’s becoming an autocrat, nor is it to defend his predecessor’s (or his election opponent’s) misdeeds. To note them is not to deny that anything worthwhile has been accomplished this past year. And to note them is also not necessarily to propose any immediate remedy. A mature citizen knows those aren’t always available.

I Love a Parade, but Not This One

Trump’s supporters and opponents alike are decent and patriotic. If only he lived up to their standard.

People who are for Trump always say “Look, he’s got an unfortunate character and temperament, but he’s good on regulation, good on the courts.” The problem, the veteran said, is the but. Once you get to the but, you are normalizing him—you are making him normal, which means you are guaranteeing a future of President Trumps. That means you have lowered the presidency forever, changed it forever, just when the world’s problems are more dangerous, and thoughtfulness and wisdom more needed.

.. Trump supporters, on the other hand, chose him and back him because he isn’t normal. They’d tried normal! It didn’t work! Of course he’s a brute, but his brutishness was the only thing that could surprise Washington, scare it, make it reform. Both parties are corrupt and look out only for themselves; he’s the one who wouldn’t be in hock to them and their donors. Is he weird? Yes. But it’s a weird country now. He’s the only one big enough to push back against what’s pushing us.

.. It is a central belief of Trump supporters that of course he’ll make mistakes—he’s not a politician, he’s new, he’ll learn. An underestimated aspect of Trump support is sheer human sympathy. They see him taking a pounding each day in the press and feel for him as a human being. The press misses this, but Mr. Trump doesn’t. He uses it.

.. His criticism went right at the Trump supporters’ faith that he will learn in the job. The executive said: He doesn’t learn! He’s not able to. He doesn’t have that mechanism inside that allows people to analyze problems and see their part in them. And without that you can’t improve.

.. If his two former wives are speaking truthfully, he betrayed the classic pattern of the abuser: He roughs you up, is contrite, vows to change, roughs you up.

.. You can’t really blackmail Donald Trump on personal conduct because nothing said about him would surprise or shock. Mr. Porter, however, was blackmailable.

.. Why did they let him stay on? Maybe because they were desperate: He was a respected establishment pro who could do the job. The administration struggled to attract such people.

..  I would add the big secret everyone knows both here and abroad and that occasionally springs to the forefront of the mind: A fundamental is unsound. Compared with other countries we look good, but compared with ourselves we do not. Our ratio of total debt to gross domestic product has grown to more than 100% and can’t keep growing forever. 

.. It is a ridiculous and embarrassing idea. If you want to show respect for the military make the Veterans Affairs Department work. A big, pointless, militarist display with gleaming weapons and shining tanks is so . . . Soviet. What do you gain from showing off your weaponry? What are we celebrating—that we have nukes? That we have to have them is a tragedy.

“The abuse of greatness is when it disjoins remorse from power.”

.. If there’s a parade that purports to honor our military men and women, they will go. But they’re not stupid, they’ll know what it is. It is Trump being Trump, and obsessing the nation. It’s bread and circuses.

And it is not like us, at least the old and honored us.