Trump’s Sabotage of Obamacare Is Illegal

A president doesn’t have the right to dispense with laws he dislikes.

From the moment he took office, President Trump has used all aspects of his executive power to sabotage the Affordable Care Act. He has issued executive orders, directed agencies to come up with new rules and used the public platform of the presidency in a blatant attempt to undermine the law. Indeed, he has repeatedly bragged about doing so, making statements like, “Essentially, we are getting rid of Obamacare.”

But Mr. Trump isn’t a king; he doesn’t have the power to dispense with laws he dislikes. He swore to preserve, protect and defend the Constitution of the United States. That includes the requirement, set forth in Article II, that the president “take care that the laws be faithfully executed.”

Faithfully executing the laws requires the president to act reasonably and in good faith. It does not countenance the deliberate sabotage of an act of Congress. Put bluntly: Mr. Trump’s assault on Obamacare is illegal.

Among Mr. Trump’s first acts in office was to issue an executive order instructing his agencies “to waive, defer, grant exemptions from, or delay the implementation of” any part of the Affordable Care Act that they could. That order has prompted a series of administrative actions aimed at undermining the law.

To make it harder for people to enroll in Obamacare plans, for example, the administration

  • shortened the open enrollment period on the health care exchanges from three months to six weeks;
  • cut 90 percent of the funding that the exchanges had used to advertise open enrollment; and
  • slashed the funding available to groups that help people navigate the complex enrollment process.

To sow chaos in the insurance markets, Mr. Trump toyed for nine months with the idea of eliminating a crucial funding stream for Obamacare known as cost-sharing payments. After he cut off those funds, he boasted that Obamacare was “being dismantled.”

When Congress declined to repeal the Affordable Care Act, as Mr. Trump had requested, he said that he was taking on that job himself: “So we’re going a little different route.”

.. announced that insurers will have more latitude to sell “short-term” health plans that are exempt from the Affordable Care Act’s rules

.. These plans were designed to provide people insurance for small gaps in coverage, like those created when switching jobs. They had previously been limited to three months.

..  these rules are creating a cheap form of “junk” coverage that does not have to meet the higher standards of Obamacare.
.. The Trump administration’s goal is not only to weaken the Affordable Care Act but also to trick the public into thinking, as opponents of the law like to say, that Obamacare is “collapsing under its own weight.”
Never in modern American history has a president so transparently aimed to destroy a piece of major legislation.
What makes Mr. Trump’s sabotage especially undemocratic is that Congress has repeatedly considered repealing the law — and repeatedly declined to do so.
In addition, the Supreme Court has twice sustained the Affordable Care Act in the face of major legal challenges. Mr. Trump’s attempt to destroy the law any way he can is an unconstitutional usurpation of power.
..  a lawsuit — the first of its kind — filed this month in federal court in Maryland. Brought by several plaintiffs including the cities of Chicago, Cincinnati and Columbus, the lawsuit recounts the “relentless and unlawful campaign to sabotage and, ultimately, to nullify” the Affordable Care Act.
.. questions about whether the courts have the authority or the institutional competence to prevent violations of Article II’s requirement that the president “take care that the laws be faithfully executed” — especially given the wide discretion that presidents traditionally have to implement the laws.

Mike Pence, Holy Terror

Are you sure you want to get rid of Donald Trump?

There are problems with impeaching Donald Trump. A big one is the holy terror waiting in the wings.

That would be Mike Pence, who mirrors the boss more than you realize. He’s also self-infatuated. Also a bigot. Also a liar. Also cruel.

To that brimming potpourri he adds two ingredients that Trump doesn’t genuinely possess: the conviction that he’s on a mission from God and a determination to mold the entire nation in the shape of his own faith, a regressive, repressive version of Christianity. Trade Trump for Pence and you go from kleptocracy to theocracy.

.. The book persuasively illustrates what an ineffectual congressman he was, apart from cozying up to the Koch brothers, Betsy DeVos and other rich Republican donors

..  the strong possibility that he wouldn’t have won re-election; his luck in being spared that humiliation by the summons from Trump, who needed an outwardly bland, intensely religious character witness to muffle his madness and launder his sins; and the alacrity with which he says whatever Trump needs him to regardless of the truth.

.. In Pence’s view, any bite marks in his tongue are divinely ordained. Trump wouldn’t be president if God didn’t want that; Pence wouldn’t be vice president if he weren’t supposed to sanctify Trump. And his obsequiousness is his own best route to the Oval Office, which may very well be God’s grand plan.

.. “I don’t think he’s as resilient, politically, as Bill Clinton was,” D’Antonio said. “He doesn’t relish a partisan fight in the same way. He loves to go to rallies where people adore him.”

There’s no deeply felt policy vision or sense of duty to sustain him through the investigations and accusations. “If the pain is great enough,” D’Antonio said, “I think he’d be disposed not to run again.”

.. It suggests callousness at best toward African-Americans. As governor, Pence refused to pardon a black man who had spent almost a decade in prison for a crime that he clearly hadn’t committed. He also ignored a crisis — similar to the one in Flint, Mich. — in which people in a poor, largely black Indiana city were exposed to dangerously high levels of lead. D’Antonio told me: “I think he’s just as driven by prejudice as Trump is.”
.. he rallied behind the unhinged former Arizona sheriff Joe Arpaio. In a speech he called Arpaio a “tireless champion” of the “rule of law.” This was after Arpaio’s contempt-of-court conviction for ignoring a federal judge’s order to stop using illegal tactics to torment immigrants. The conservative columnist George Will seized on Pence’s speech to write that Pence had dethroned Trump as “America’s most repulsive public figure.”
.. You can thank Pence for DeVos. They are longtime allies, going back decades, who bonded over such shared passions as making it O.K. for students to use government money, in the form of vouchers, at religious schools.
Pence cast the tiebreaking vote in the Senate to confirm her as education secretary.
.. Pence once spoke positively on the House floor about historical figures who “actually placed it beyond doubt that the offense of abortion was a capital offense, punishable even by death.” He seemed to back federal funds for anti-gay conversion therapy. He promoted a constitutional amendment to ban same-sex marriage.

He is absolutely certain that his moral view should govern public policy,” D’Antonio told me.

..  Pence sees himself and fellow Christian warriors as a blessed but oppressed group, and his “hope for the future resided in his faith that, as chosen people, conservative evangelicals would eventually be served by a leader whom God would enable to defeat their enemies and create a Christian nation.”

.. Is America worse off with Trump or Pence?

“I have to say that I prefer Donald Trump, because I think that Trump is more obvious in his intent,” he said, while Pence tends to “disguise his agenda.”

 

Trump Bites on Putin’s ‘Incredible Offer’

But he’s not the first president to foolishly place his trust in the Russian despot.

President Trump did get one thing right on Monday in Helsinki: Vladimir Putin did make an “incredible offer.”

.. But he’s not the first president to foolishly place his trust in the Russian despot.

President Trump did get one thing right on Monday in Helsinki: Vladimir Putin did make an “incredible offer.”

.. having the indictment, they must have calculated, would strengthen Trump’s hand in the confrontation.

.. Of all the president’s mind-boggling utterances at the press conference, I found this the most stunning.

.. One hoped that Trump’s election would end Obama’s hallmark depictions of moral equivalence between America and thug countries. Yet here’s how the president, at the start of his term, defended Putin when Bill O’Reilly called him a “killer”: “There are a lot of killers. We’ve got a lot of killers. What, you think our country is so innocent?

.. when has this president ever been restrained by a presidential norm?

.. the most alarming part of the presser was the palpable satisfaction the president took in describing Putin’s “incredible” proposal. Trump is desperate to show that his entreaties to the Russian despot — amid the “collusion” controversy and against the better judgment of his skeptical advisers and supporters — could bear real fruit. It made him ripe to get rolled.

.. The proposal to invite Mueller to Moscow brought to mind others who’ve tried to investigate Putin’s regime on Russian soil. There is, of course, Sergei Magnitsky, who exposed the regime’s $230 million fraud only to be clubbed to death with rubber batons in a Russian prison — Putin said he must have had a heart attack.

.. Then there is Nikolai Gorokhov, a lawyer for the Magnitsky family who has been investigating regime involvement in the fraud. He was slated to testify in a U.S. Justice Department lawsuit against Prevezon, a company controlled by Putin cronies that is implicated in the fraud. But then, somehow, Gorokhov “accidentally” fell from the fourth-floor balcony of a Moscow apartment building.

.. Truth be told, the prospect of hosting Mueller’s investigators in his accident-prone country interests Putin less than the “reciprocity” he has in mind.

.. This is classic Putin. The former KGB agent takes every Western misstep as a precedent, to be contorted and pushed to maximum advantage. As we’ve observed over the years, for example, the Kremlin has rationalized its territorial aggression against former Soviet satellites by relying on U.S. spearheading — over Russian objections — of Kosovo’s secession from Serbia.

.. While positing lip-service denials that he meddled in our 2016 election, Putin implies that we had it coming after what he claims was Obama-administration interference in Russia’s 2011 parliamentary elections

.. if our government does not see how Russia (like other rogue nations) is certain to exploit the precedent the Justice Department has set by indicting foreign officials for actions taken on their government’s behalf, we are in for a rude awakening

.. Naturally, Putin expects us to help him investigate Bill Browder. If you think the word “collusion” makes Trump crazy, try uttering the word “Browder” around Putin

.. the Russian dictator repeated his standing allegation that Browder and his associates have evaded taxes on over a billion dollars in Russian income. He further claimed that “they sent a huge amount — $400 million — as a contribution to the campaign of Hillary Clinton.” While this is outlandish, it reminds us of the purported dirt on Mrs. Clinton that Putin’s operatives sought to peddle to the Trump campaign in June 2016.

.. Natalia Veselnitskaya reportedly told Donald Trump Jr., Jared Kushner, and Paul Manafort that Browder was involved in a tax-evasion scheme that implicated Clinton donors. This, she urged, was information that could be used to damage the Clinton campaign. Ms. Veselnitskaya also rehearsed the Kremlin’s rant against the Magnitsky legislation.

.. at least as far as what is publicly known, the Trump Tower meeting remains the closest brush that Trump has had with “collusion” — the narrative (indeed, the investigation) that has dogged his presidency. It is astonishing that the president would allow Putin to manipulate him into reviving that storyline.

.. Memo to DOJ: Expect Russia to issue indictments and international arrest warrants soon — as Putin said, it’s all about “reciprocity.”

.. The “incredible offer” that Putin hit Trump with — and that Trump was palpably thrown by — was not woven out of whole cloth. Did you know that the United States and the Russian Federation have a bilateral mutual-legal-assistance treaty? Yeah, it was negotiated by the Clinton administration and ratified by the Bush administration. The MLAT calls for us to cooperate when the Putin regime seeks to obtain testimony, interview subjects of investigations, locate and identify suspects, transfer persons held in custody, freeze assets — you name it.
.. It’s part of our government’s commitment to the notion that the law-enforcement processes of a constitutional, representative republic dedicated to the rule of law can seamlessly mesh with those of a gangster dictatorship whose idea of due process is deciding which nerve agent — polonium or novichok — is the punishment that fits the “crime.”

..  It enables Putin to pose as the leader of a normal, law-abiding regime that just wants to help Bob Mueller out and maybe ask Bill Browder a couple of questions — preferably out on the balcony.

  1. Clinton joined with Russia in an agreement to . . . wait for it . . . protect Ukraine.
  2. Bush looked Putin in the eye, got a “sense of his soul,” and found him “straightforward and trustworthy” — so much so that
  3. his State Department regarded Russia as a “strategic partner” that was going to help us with Iran (by helping it develop nuclear power!) .
  4. . . while Russia annexed parts of Georgia.
  5. Then came Obama’s “Russia Reset” — more “partnering” on Iran,
  6. ushering Moscow into the World Trade Organization,
  7. signing off on the Uranium One deal (and let’s not forget that cool $500,000 Russian payday for Bill Clinton and all those millions flowing into the Clinton Foundation) . . .
  8. while Russia backed Assad and the Iranian mullahs,
  9. annexed Crimea,
  10. stoked civil war in eastern Ukraine, and
  11. conducted cyber attacks on our election system.

Trump to Dictators: Have a Nice Day

Watching President Trump recently accuse Canada’s Prime Minister Justin Trudeau of stabbing him in the back prompted me to Google a simple question: How many Canadians were killed or wounded since April 2002 fighting alongside Americans in Afghanistan? The answer: 158 were killed and 635 wounded.

.. And yet, when their prime minister mildly pushed back against demands to lower Canada’s tariffs on milk, cheese and yogurt from the U.S., Trump and his team — in a flash — accused Trudeau of “betrayal,” back-stabbing and deserving of a “special place in hell.”

A special place in hell? Over milk tariffs? For a country that stood with us in our darkest hour?That is truly sick.

.. Everything is a transaction: What have you done for ME today?

The notion of America as the upholder of last resort of global rules and human rights — which occasionally forgoes small economic advantages to strengthen democratic societies so we can enjoy the much larger benefits of a world of healthy, free-market democracies — is over

.. “Trump’s America does not care,” historian Robert Kagan wrote in The Washington Post. “It is unencumbered by historical memory. It recognizes no moral, political or strategic commitments. It feels free to pursue objectives without regard to the effect on allies or, for that matter, the world. It has no sense of responsibility to anything beyond itself.”

.. But what’s terrifying about Trump is that he seems to prefer dictators to our democratic allies everywhere.

.. As Trump told reporters about the North Korean dictator on Friday: “He speaks, and his people sit up at attention. I want my people to do the same.”

.. Trump later said this was a joke. Sorry, no U.S. president should make such a joke, which, alas, was consistent with everything Trump has said and done before: He prefers the company of strongmen and, as long as they praise him, does not care how leaders anywhere treat their own people

.. Harb, an enormously decent British-educated surgeon, was imprisoned merely for tweeting mild criticism of Sisi’s crackdown on dissent... “The message is clear that criticism and even mild satire apparently earn Egyptians an immediate trip to prison.”

.. “For the second consecutive year, more than half of those jailed for their work around the world are behind bars in Turkey, China and Egypt

.. in once pro-Western Poland, the country’s most powerful politician, Jaroslaw Kaczynski, is trying to replace the independent judiciary with judges selected purely for their loyalty to him and his party, snubbing his nose at the European Union’s liberal, rule-of-law values.

.. Trump doesn’t even have ambassadors in Turkey and Saudi Arabia today to whisper.

.. “In America, we’re going to survive Trump,” says Michael Posner, director of the Center for Business and Human Rights at N.Y.U. Stern. “We have strong institutions and plenty of people committed to maintaining our democratic processes. But places like Egypt, Turkey or the Philippines are fragile states where activists for decades relied on the U.S. to stand up and say, ‘There are consequences for your relations with the U.S. — trade, aid, military, investment — if you crush peaceful dissent.’

.. Today, we have a president who is not only not critical, he actually congratulates leaders on their fraudulent elections and seems to endorse their bad behavior.

.. Remember: These leaders are not repressing violent radicals, Posner adds; they are literally “criminalizing dissent and debate.” And their citizens now think that we’re O.K. with that.

If that stands, the world will eventually become a more dangerous place for all of us.