The outgoing attorney general did more to enact the president’s priorities than any other member of the Cabinet, but that didn’t save him from White House hostility.
The paradox of Jeff Sessions’s tenure as attorney general is that no member of the Trump administration was so beleaguered and disparaged by President Trump, but no member got as much done.
Even as he endured persistent verbal abuse from the president, Sessions steamed forward on a range of conservative social-policy priorities, aggressively reorienting the Justice Department’s stances on immigration, civil rights, and criminal justice, among other issues. In an administration plagued by incompetent and ineffective figures, Sessions was a paragon of efficacy—a distinction that horrified his many opponents, but did nothing to win Trump’s trust or affection.
- When it came time for Trump to pull the plug on the Deferred Action for Childhood Arrivals program, as he had promised he would during the 2016 campaign, the president got cold feet, but Sessions was happy to be the public face of the withdrawal. It was Sessions who
- tried to follow through (unsuccessfully) on Trump’s threat to cut off funding to sanctuary cities. It was Sessions who issued new guidance to immigration judges. And, most prominent, it was Sessions who
- went to the border to announce the Trump administration’s decision to separate migrant children from their parents.
Sessions openly said the plan to split families up was intended to deter migrants, even as other administration officials said otherwise. The policy was met with widespread and appropriate horror, and Trump eventually pulled back—but he had backed the plan before that, and Sessions had followed through. .. But these weren’t just Sessions’s pet issues. They were Trump’s as well. Hardline immigration policies, giving police free rein, fighting phantom voter fraud—these were all signature Trump projects. Sessions had been the first U.S. senator to endorse Trump, and Trump took from him a range of policy concepts—especially on immigration—as well as a top adviser, Stephen Miller.But Sessions’s stewardship of those projects didn’t return him to favor with Trump, who, according to Bob Woodward’s book Fear, called Sessions “mentally retarded” and a “dumb Southerner.” .. When McGahn’s departure was announced in August, I wrote that he’d been the most effective person in the West Wing, through his stewardship of judicial appointments. But Trump disliked and distrusted McGahn, and seemed eager to have him gone... Of course, the same issue poisoned both Sessions’s and McGahn’s relationships with Trump: the Russia investigation, and especially Special Counsel Robert Mueller’s takeover of it... Trump was angry that neither man had protected him. He raged at Sessions’s lack of “loyalty” and complained that Attorney General Eric Holder had “totally protected” Barack Obama. (What he meant by that is unclear.) He twice instructed McGahn to fire Mueller, and McGahn twice refused, once threatening to resign... Attorney General Matthew Whitaker assumes control of Mueller’s probe. Whitaker was outspokenly critical of the special counsel’s inquiry before joining the administration, so Trump may now have a leader of the Justice Department who is more pliable on the Mueller front. But the president is unlikely to find an attorney general who will do as much to move his priorities forward as Sessions did—and the new attorney general will come into the job knowing that loyalty and efficacy aren’t enough to garner favor with Trump.
Trump Is Mulling Candidates Who Could Succeed Jeff Sessions
Potential candidates for attorney general include Alex Azar, Steven Bradbury and Bill Barr
Mr. Sessions isn’t currently planning to leave, but privately has said that he anticipates he may be asked to resign, according to people familiar with the matter. The attorney general, who was the first senator to endorse Mr. Trump during the presidential campaign, has told people the request may come on the president’s Twitter feed.
“This is actually the dumbest thing I’ve been asked to comment on in a while,” said Justice Department spokeswoman Sarah Flores.
..Replacing Mr. Sessions would present legal and political quandaries for the president.
.. Mr. Trump must find a successor who could win Senate confirmation, a job that senators say is harder given the president’s public suggestions that he wants a political ally as attorney general.
.. Many GOP senators are advocating for Sen. Lindsey Graham (R., S.C.) to succeed Mr. Sessions, especially after Mr. Graham’s vocal defense last week of now Supreme Court Justice Brett Kavanaugh.
.. “As I think about people who could be confirmed to that position in the Senate, Lindsey Graham is at the top of my list,” said John Cornyn of Texas, the Senate’s second-ranking Republican. “In fact, I can’t think of anybody else right now who could get confirmed.”
.. Mr. Graham called Mr. Trump a “race-baiting, xenophobic religious bigot.” Mr. Trump said Mr. Graham was a “lightweight” and an “idiot,” and gave out Mr. Graham’s mobile number during a campaign rally... Another purported candidate, Sessions chief of staff Matthew Whitaker, has allies in the White House but also detractors, according to people familiar with the matter. As a commentator on CNN, Mr. Whitaker expressed skepticism about the special counsel probe and urged limits on its scope, a position likely to raise objections from Democrats and some Republicans... That leaves, for now at least, the five individuals currently under discussion at the White House. Three of them—Messrs. Azar, Bradbury and Sullivan—are serving in Senate-confirmed positions. They would have to be reconfirmed to serve as attorney general, but may have an advantage from having already won Senate approval.
Why the Anonymous Trump Official’s Op-Ed in the New York Times Matters
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.
Trump firing Jeff Sessions looks more likely than ever. Here’s the storm that awaits.
The first is whether Trump can even pick an acting AG. As you may recall from David Shulkin’s exit as veterans affairs secretary, there is an open question as to whether the Federal Vacancies Reform Act allows a president to temporarily replace a Cabinet official he has fired — as opposed to one who has resigned. If Sessions forces Trump to fire him, there could be a legal battle over Trump’s authority to pick a temporary replacement who would outrank Rosenstein. Otherwise, Rosenstein would effectively take over. So there’s no guarantee of success for Trump there.
If Trump was able to pick a temporary replacement, it couldn’t be just anybody; it would have to be someone who has already been confirmed by the Senate or (less likely) a Justice Department employee with a high enough rank. The former would seem to afford more of a chance of inserting a loyalist.
.. “Whomever Trump appoints as a so-called acting AG in the short term will probably have greater practical significance than whom he nominates for Senate confirmation,” Lederman said.
That’s in part because it would be the person who could take over immediately, and in part because it would be someone who wouldn’t be subject to political maneuvering. The full-time replacement, after all, needs to be confirmed.
.. Sen. Ben Sasse (R-Neb.), for instance, has said, “I find it really difficult to envision any circumstance where I would vote to confirm a successor to Jeff Sessions if he is fired because he is executing his job rather than choosing to act like a partisan hack.” Sen. Susan Collins (R-Maine) has said she doesn’t think a new AG will even be confirmed if Trump fires Sessions.
.. Another interesting subplot is whether the new attorney general or acting attorney general might also insert themselves in the Cohen probe, in which the former Trump attorney has just implicated the president in campaign-finance violations over hush-money payments. But SDNY has historically been very independent of the main Justice Department, and that would lead an internal clash, according to experts.
.. Ultimately, as with so many other things, this boils down to how much Republicans are willing to put up with from Trump — and whether they feel they can stop him. Also, as with so many other things, it will probably take only one or two of them to actually stand in his way.
.. Most times, they haven’t been prepared to actually fight him, or they’ve fought him only partially, succumbing to the politics of the day in the GOP. This situation could be different for a whole host of reasons, but as Graham demonstrated, we also haven’t seen anyone draw a true line in the sand and stick to it yet.