A normal president confronted with a news story suggesting he ordered underlings to illegally transport asylum seekers to so-called sanctuary cities in order to retaliate against political enemies would deny knowledge of such a heinous plot. If need be, he’d make light of it, portray it as if it were idle chatter or a joke. That’s what President Trump’s devoted prevaricators (White Houses staffers) did following The Post account.
Trump, however, is anything but normal. No, he tweeted — of course it was a tweet — that not only was the idea considered but that it is still under consideration. Aides on background hastened to say that nothing was in the works, once more contradicting their boss.
Making matters worse, we learned he allegedly told Customs and Border Protection Commissioner Kevin McAleenan to close the border despite concerns about the legality of doing so. He allegedly told McAleenan, who is now also acting secretary of homeland security, that he — Trump — would pardon him later if need be.
Making matters worse, we learned he allegedly told Customs and Border Protection Commissioner Kevin McAleenan to close the border despite concerns about the legality of doing so. He allegedly told McAleenan, who is now also acting secretary of homeland security, that he — Trump — would pardon him later if need be.
Republicans, as they always do when Trump is shredding democracy, remained silent on Friday. Speaking more generally of Trump’s Twitter habits in an interview, House Speaker Nancy Pelosi (D-Calif.) declared the president to be a “freak.” Actually, if the allegations are true, he’s much worse than that.
Former federal prosecutor Mimi Rocah acknowledged that, if the allegation about a pardon was true and Trump was serious, Trump then “offered a pardon as a bribe to get a public official to commit an unlawful act.” Referring to Attorney General William P. Barr’s exaggerated conception of executive authority, she queried, “Would Barr dare say that’s within his executive power?”
Constitutional scholar Laurence H. Tribe tells me, “If carried out, this offer to pardon high immigration officials if they will break the law on his behalf is the most obviously impeachable action President Trump has taken to date: It would mean this president has seized the power to put not just himself but all who do his bidding beyond the reach of law.” He continues, “That doing so is a high crime and misdemeanor is beyond dispute. Any president guilty of such conduct cannot be permitted to remain in office.”
Now, even if the offer of a pardon were not technically a bribe, “this is still an extraordinary and disturbing abuse of presidential power,” says Joshua Matz, co-author with Tribe of “To End A Presidency: The Power of Impeachment.” “Especially if it were repeated in other contexts, such illegality-inducing conduct may well rise to the level of an impeachable offense, though in my view we don’t yet know nearly enough about what happened here to reach firm conclusions.”
In this, as in other instances, subordinates’ refusal to carry out orders (as former White House counsel Donald McGahn did in refusing to fire special counsel Robert S. Mueller III) provides some protection to Trump from the consequences of his own actions.
However, neither Trump nor the country can count on employees’ continued insubordination, especially in light of Trump’s preference for installing “acting” officials, who remain under his thumb. Swift and forceful action to halt his reckless disregard of the law is required.
Tribe argues, “Without doubt, therefore, the House Judiciary Committee needs to include this matter within its investigatory ambit, subpoenaing all those who may have relevant knowledge unless they appear voluntarily.” Normally, if there is a credible allegation of wrongdoing by the president, the attorney general would appoint a special counsel. Don’t hold your breath. Tribe observes, “it seems unrealistic to expect the blatantly compromised Attorney General William Barr to appoint a special counsel to pursue the issue even if, as appears to be the case, the president has credibly been charged with promising a pardon as a bribe for illegal conduct.”
We’ve now come to the point where Trump is bragging about a plot to abuse power, using federal resources to enact political revenge. We have reason to believe he tried to induce wrongdoing with a pardon offer. “One thing everyone who knows the relevant law has agreed about the otherwise sweeping pardon power is that it cannot be used in advance, to license crimes before they have been committed,” Tribe says.
We’ve now come to the point where Trump is bragging about a plot to abuse power, using federal resources to enact political revenge. We have reason to believe he tried to induce wrongdoing with a pardon offer. “One thing everyone who knows the relevant law has agreed about the otherwise sweeping pardon power is that it cannot be used in advance, to license crimes before they have been committed,” Tribe says.
Trump told acting DHS secretary he’d pardon him if he violates immigration law
Will Anyone in the Trump Administration Ever Be Held Accountable for the Zero-Tolerance Policy?
Yet the government never had a plan for keeping track of the separated parents and children once they were in custody, and, even after a federal judge in San Diego, Dana Sabraw, ordered the government to reunite them, it struggled to comply. “I definitely haven’t seen contrition,” an Administration official, who told me about the weekly meetings, said. “But there was frustration with the incompetence of how zero tolerance got implemented. From the perspective of the political leaders here, there’s recognition of how badly the policy failed.” The lesson, according to the official, didn’t seem to be that the Administration had gone too far in separating families but, rather, that “we need to be smarter if we want to implement something on this scale” again.
.. The main focus, the official added, has been to “map out” how the government can detain asylum seekers as they wait for a hearing before an immigration judge, which can take several months: “The job is to model all the steps in the process. If we go after families, where do we detain them? What are the resources required at each step?”
.. To date, no one in the Trump Administration has been held accountable for its family-separation policy, even after evidence has steadily mounted as to its immense human costs and administrative failures.
.. The government’s own data show that it has had no appreciable effect on migration patterns throughout the summer, but the Administration pursued the policy anyway
.. the prime movers behind zero tolerance were members of a “cabal of anti-immigration guys” at the White House, the D.H.S., and the Department of Justice. Stephen Miller and a Justice Department adviser named Gene Hamilton
.. They want to have a different America, and they’re succeeding. Now they’re doubling down—they’re making another run at lowering the number of refugees who are admitted to the United States.
.. The failure of the zero-tolerance policy has done little, if anything, to diminish the group’s standing; on the contrary, Miller has only seemed to gain allies in the government. Within the President’s inner circle, according to the Times, he is considered a “walking policy encyclopedia” on immigration.
.. it was Border Patrol agents at C.B.P., not ice officers, who took children from their parents’ arms.
.. During the summer, the commissioner of the agency, Kevin McAleenan, denied that the Trump Administration was deliberately separating families, even as he directed implementation of a policy doing just that.
.. Ronald Vitiello, the deputy commissioner of C.B.P. and a law-enforcement veteran, was tapped to replace Thomas Homan as the director of ice.
.. Some five hundred and sixty children are still separated from their parents, including twenty-four who are five years old or younger
.. families face a choice: either a parent and child can agree to be deported together, or the child can stay in this country alone while her own case is decided.
.. I asked the current Administration official whether the outcry over family separation had caught the government by surprise. It had, the official said. “The expectation was that the kids would go to the Office of Refugee Resettlement, that the parents would get deported, and that no one would care.” Yet, when it became clear that the public did, the Administration chose not to change course.