She really should be fired for this. John Iadarola and Brett Erlich break it down on The Damage Report.
The story told us nothing new about the Trump-Russia relationship, though it did confirm that senior officials in the FBI were in need of adult supervision. Think about the implications of this one for a minute: Senior FBI officials decided to investigate Mr. Trump because the President had fired their boss, which any President has the constitutional authority to do. This ought to be shocking—not least to civil libertarians and Democrats who profess to be horrified by the legacy of J. Edgar Hoover.
Mark Warner, the top Democrat on the Senate Intelligence Committee, assured CNN on Sunday that whether Mr. Trump acted as a Russian agent is the “defining” question of Mr. Mueller’s probe. Well, could we please get an answer so we don’t have to listen to Mr. Warner repeat the same question for another year of Sundays?
Mr. Warner and Intelligence Chairman Richard Burr have spent two years and produced hardly anything at all beyond Mr. Warner’s presence on the Sunday shows. What the American people deserve, after all of the innuendo and accusations, are the facts of what these investigations have found.
The endless investigations are one more reason for Mr. Trump to declassify the Justice and FBI documents related to 2016 and put them on the public record.
Finally, adopting a hysterical tone, Hemel and Posner write:
Remember when President Trump demanded “loyalty” from [former FBI director James] Comey? If Mr. Barr is confirmed as attorney general, it looks as though the president will get what he wanted. “He alone is the Executive branch,” Mr. Barr wrote of the president. The attorney general and the Justice Department lawyers “who exercise prosecutorial discretion on his behalf” are “merely ‘his hand.’” These bizarre statements are not those of a lawyer but of a courtier.
Actually, far from “bizarre statements,” Barr’s assertions reflect the views of the late, great Justice Antonin Scalia in his much-admired dissent in Morrison v. Olson (1988). The Constitution says, “The executive Power shall be vested in a President of the United States.” As Justice Scalia memorably explained, “this does not mean some of the executive power, but all of the executive power.” Such estimable scholars as Hemel and Posner must know that Barr — far from sending a signal about “loyalty,” which former director Comey alleges President Trump demanded of him — was merely articulating the “unitary executive” theory. That theory, rooted in constitutional law, holds that Article II vests all executive power in a single official, the president; therefore, subordinates appointed to wield executive power, including government lawyers exercising prosecutorial discretion, do so as delegates of the chief executive. That, indeed, is why all executive officers serve at the pleasure of the president, who does not need a reason to dismiss them.
In 1947, “Mr. X” wrote an extremely influential article, for Foreign Affairs, advocating a policy of containment toward the Soviet Union’s expansionist tendencies. Its author turned out to be the diplomat George Kennan, who was then the second-ranking official at the U.S. Embassy in Moscow. And, in 1996, Random House published “Primary Colors,” a thinly disguised roman à clef about Bill Clinton, by “Anonymous.” Less consequential than Kennan’s contribution, the novel nonetheless created a great deal of speculation about who its author was; it turned out to be the political journalist Joe Klein.
.. By nightfall on Wednesday, there were reports that White House officials were engaged in a frantic search for the culprit.
.. “scrutiny focused on a half-dozen names.”
.. the piece merely adds to what we already know about Trump’s character and the struggle of people around him to control his destructive tendencies.
.. it was reported that the Secretary of Defense, the Secretary of State, and the national-security adviser at the time—James Mattis, Rex Tillerson, and H. R. McMaster—had privately agreed to avoid being out of Washington at the same time.
.. There have been numerous reports about how Don McGahn, the outgoing White House counsel, tried to talk Trump out of firing James Comey and Jeff Sessions.
.. The real importance of the Op-Ed is that it corroborates these reports, provides a window into the mind-set of people who continue to work for Trump, and also reveals some intriguing details. “Given the instability many witnessed, there were early whispers within the cabinet of invoking the 25th Amendment, which would start a complex process for removing the president,”
.. Really? “Early whispers within the cabinet” of invoking the Constitution to oust the President? If this is true, it is information of enormous consequence, and leads to a series of further questions. Who was involved in these discussions, and how far did the whispers go?
.. The suggestion that at least some members of the Cabinet have talked about invoking these powers is new and shocking. But what does it mean to say that the whisperers didn’t want to precipitate a crisis? After all, the rest of the article makes clear that the crisis already exists and is deadly serious.
.. The head of state of the most powerful country in the world is someone whose own subordinates and appointees regard as unmoored, untrustworthy, and potentially dangerous.
.. “The root of the problem is the president’s amorality,” the Op-Ed says. “Anyone who works with him knows he is not moored to any discernible first principles that guide his decision making. . . . Meetings with him veer off topic and off the rails, he engages in repetitive rants, and his impulsiveness results in half-baked, ill-informed and occasionally reckless decisions that have to be walked back.”
.. “I have no respect for someone who would say these things—of whose truth I have no doubt—in an anonymous oped, rather than in a public resignation letter copied to the House Judiciary Committee.”
.. He or she has enflamed the paranoia of the president and empowered the president’s willfulness.”
.. These are legitimate concerns, but the larger one is that we have a menacing dingbat in the White House, and nobody with the requisite authority seems willing to do anything about it, other than to try to manage the situation on an ad-hoc, day-to-day basis. Perhaps this could be seen as a “Trump containment” strategy, but it falls well short of the systematic containment strategy that Kennan advocated, and, in any case, the Trumpkins, unlike the early Cold War strategists, are not necessarily dealing with a rational actor. Something more is surely needed.