President Trump’s advisers and allies are increasingly worried that he has neither the staff nor the strategy to protect himself from a possible Democratic takeover of the House, which would empower the opposition party to shower the administration with subpoenas or even pursue impeachment charges
.. The president and some of his advisers have discussed possibly adding veteran defense attorney Abbe Lowell, who currently represents Trump son-in-law and senior adviser Jared Kushner, to Trump’s personal legal team
..Trump announced Wednesday that
- Donald McGahn will depart as White House counsel this fall, once the Senate confirms Supreme Court nominee Brett M. Kavanaugh. Three of McGahn’s deputies —
- Greg Katsas,
- Uttam Dhillon and
- Makan Delrahim — have departed, and a fourth,
- Stefan Passantino, will have his last day Friday.
That leaves John Eisenberg, who handles national security, as the lone deputy counsel.
.. McGahn and other aides have invoked the prospect of impeachment to persuade the president not to take actions or behave in ways that they believe would hurt him, officials said... Trump has told confidants that some of his aides have highly competent lawyers such as Lowell, who represents Kushner, and William A. Burck, who represents McGahn as well as former White House chief of staff Reince Priebus and former White House chief strategist Stephen K. Bannon.“He wonders why he doesn’t have lawyers like that,” said one person who has discussed the matter with Trump.Another adviser said Trump remarked this year, “I need a lawyer like Abbe.”Giuliani said that he has not heard of Trump considering adding Lowell to the team but that he would be a great choice because of his thorough and aggressive style.
“This president might like that better,” Giuliani said. “If he thinks someone isn’t being tough enough, he has a tendency to go out to defend himself. And that’s not good.”
.. “I would think that the type of lawyer most able to handle the impeachment scenario would be someone from the appellate and Supreme Court bar — someone of the Ted Olson or Paul Clement or Andy Pincus level, someone who knows how to make the kind of arguments should it come to a vote in the Senate,” Corallo said.
.. Emmet Flood, a White House lawyer and McGahn ally who handles the special counsel’s Russia investigation, has long been considered a top prospect to replace McGahn.
.. Flood, often described as a lawyer’s lawyer, is in many ways the opposite of Trump and Giuliani, yet the president has told advisers he is impressed by Flood’s legal chops and hard-line positions defending the prerogatives of the White House.
.. White House aides, including deputy chief of staff Johnny DeStefano and political director Bill Stepien, have tried to ratchet down Trump’s expectations for the elections, saying that projections look grim in the House.
.. Another concern is that the White House, which already has struggled in attracting top-caliber talent to staff positions, could face an exodus if Democrats take over the House, because aides fear their mere proximity to the president could place them in legal limbo and possibly result in hefty lawyers’ fees.
“It stops good people from potentially serving because nobody wants to inherit a $400,000 legal bill,” said another Trump adviser.
.. the West Wing staff is barely equipped to handle basic crisis communications functions, such as distributing robust talking points to key surrogates, and question how the operation could handle an impeachment trial or other potential battles.
Trump sees the administration as having a singular focus — him — and therefore is less concerned with the institution of the presidency and not aware of the vast infrastructure often required to protect it, according to some of his allies.
.. Jack Quinn, who served as White House counsel under Clinton, said his office had at least 40 lawyers and as many as 60 during key times.
.. “I appreciate that Rudy Giuliani is doing a lot of the public speaking and perhaps some other things,” Quinn said. But, he added, “it’s a little bit of a mystery to me who is doing the outside legal work.”
Release the Memo That Really Matters
Article I, Section 8, Clause 11 of the Constitution grants Congress the power to “declare war.”
.. In practice, however, it seems as if the rule is observed mainly in the breach. In the post–World War II era, American forces have been committed time and again even in offensive military actions without even the slightest effort to obtain congressional authorization.
.. The latest example occurred on April 6, 2017, when President Trump ordered a cruise missile strike on Syria in retaliation for its use of chemical weapons
.. Unless there is classified information we don’t yet know, a strike of this nature is exactly the kind of military action that should require congressional approval.
.. We were not at war with Syria. We were not acting in immediate self-defense of our nation. We were not fulfilling a Senate-ratified treaty obligation.
.. Shrugging off the Constitution is a bipartisan practice.
- Who can forget President Obama’s strikes against Libya? He ordered offensive military action against a sovereign nation without a declaration of war.
- While George W. Bush obtained congressional authorization for the wars in Iraq and Afghanistan, his predecessor,
- Bill Clinton, launched extended aerial campaigns in the former Yugoslavia with no congressional vote.
years of presidential overreach, congressional inaction, and partisan bickering have jeopardized our constitutional structure. We are steadily moving away from the separation of powers and toward an unconstitutional legal regime that places sole war-making authority in the hands of an increasingly imperial presidency.
.. There are widespread reports that the president is considering launching a “bloody nose” strike against North Korea — a strike designed to send the strongest possible message, short of all-out war — that its ICBM program has to end.
.. The discussions are apparently so serious that the administration pulled its nominee for ambassador to South Korea, Victor Cha, because he opposed the strike. He then immediately took to the pages of the Washington Post to express his opposition
.. We are not facing the necessity of immediate self-defense. Oh, and in both countries, military action carries with it risks of dangerous escalation. With Russian boots on the ground in Syria, miscalculation risks a great-power conflict. With immense North Korean forces clustered near the border of South Korea, miscalculation risks a truly terrible war.
.. New military action in Syria and new military action in North Korea represent textbook cases for congressional authorization.
.. So why did the administration feel that it had the legal authority to order its Syria strike?
Well, it turns out there’s a memo.
.. Prior to the Syria strike, the administration generated a classified document by an “interagency group of attorneys” that analyzed the “legal basis for potential military action.”
.. We cannot sustain and protect our constitutional structure if we delegate arguments against the unconstitutional abuse of presidential authority exclusively to members of whichever party is out of power.
.. it’s time for Senator Corker to insist on a public debate and congressional authorization before we launch any new military action against North Korea.
.. While the facts supporting the argument may well be legitimately classified, the legal analysis itself — which will turn on questions of constitutional, statutory, and international law — should be a matter of open inquiry.
Why the American left gave up on political violence
despite what Trump has claimed, repeatedly, in his public statements since the tragic events there, the willingness to employ organized violence to achieve political goals remains a signature quality of only one side. And it’s not the left.
.. Extremism on the left is real. It can be seen in attempts to stifle the free speech of conservative speakers on university campuses (as at Middlebury and Berkeley); in the belligerent attitudes toward corporations and capitalism expressed, for instance, by some fringes of the Occupy Wall Street crowd and anti-globalization protesters; and among anti-Zionist movements that peddle conspiracy theories (such as the contention that Jews control U.S. foreign policy) to delegitimize Israel.
.. organized and strategic violence and incitement embraced by right-wing extremists, whose leaders profess faith in the necessity of the fight. Nothing the left can do today even comes close to that — and hasn’t for decades.
.. Labor unions battled constantly with railroad barons, industrial tycoons and mining bosses during the Gilded Age. Even while outnumbered and outgunned, usually by private armies that enjoyed the backing of law enforcement and state militias, workers fought in bloody clashes that left dozens dead on battlefields such as Chicago’s Haymarket Square (1886) and West Virginia’s Blair Mountain (1921).
.. for many younger activists who came of age in the postwar era, violence remained a key strategy — even a way of life.
- Inspired by the Black Panthers’ embrace of violence for self-defense, and
- enraged by the escalating war in Vietnam,
- antiwar protesters from New Left organizations such as Students for a Democratic Society (SDS) sought to “bring the war home” to end the fighting abroad.
- This concept culminated in the rioting during the 1968 Democratic convention and on university campuses.
- Radical offshoots including the Weather Underground and the Symbionese Liberation Army took things even further: The former bombed government buildings, and the latter committed homicide, robbery and, famously, kidnapping.
But since the 1960s, left-wing movements in the United States (and in the West writ large) have gradually turned away from violence. There are three main reasons for this.
- The first is practical: It backfired terribly.
- The Vietnam War protesters initially believed that their country was beyond redemption, so a revolution was imperative. This The Vietnam War protesters initially believed that their country was beyond redemption, so a revolution was imperative. This alienated the general public, helped unify a deeply divided conservative movement and emboldened Richard Nixon’s “silent majority.” Violence proved counterproductive to ending the war; if anything, it helped prolong it. and emboldened Richard Nixon’s “silent majority.” Violence proved counterproductive to ending the war; if anything, it helped prolong it.
- Mark Rudd, a leader of the Weather Underground, sounded an unequivocal mea culpa. “Much of what the Weathermen did had the opposite effect of what we intended,” he conceded. “. . . We isolated ourselves from our friends and allies as we helped split the larger antiwar movement around the issue of violence. In general, we played into the hands of the FBI. . . . We might as well have been on their payroll.”
- The left’s second reason for rejecting violence was even simpler: There were better ways to get things done. The civil rights and feminist movements showed that nonviolent protest could achieve tangible political goals.
- it was not based only on ethical principles of Christian brotherly love but also on shrewd political calculations.
- The lesson: There was no point in challenging the legitimacy of a government that enabled them to accomplish many, albeit not all, of their goals through the democratic process.
- the modern left, which coalesced around George McGovern’s quixotic 1972 presidential run, effectively represented a gathering of fugitives.
- African Americans,
- gay men and lesbians,
- Native Americans, and
- These long-ostracized groups, which came to replace the New Deal coalition anchored by the white working class, were the very peoples against whom violence had been done for so long.
- Their painful histories made them instinctively averse to, and intolerant of, political violence. Those who had survived lynchings, beatings, bombings, sexual violence, forced removals and economic exploitation were least disposed to employ them in return.
- Antifa is mostly anarchist in nature; its members are suspicious and dismissive of the left’s embrace of government institutions. More important, it is loosely banded, disorganized and low scale. Brawling on campuses, throwing rocks or vandalizing property is reprehensible and illegal. But it is incomparable to the scope and breadth of organized violence demonstrated by the extreme right.
The left has successfully integrated into most political, economic and cultural facets of the country, but members of the extreme right say they have been
- devastated by the economic effects of globalization,
- disempowered by multiculturalism and
- disenfranchised by the election of the nation’s first African American president.
.. Organized militias that are well armed, well trained and well networked have seen a particular spike since the beginning of the Obama presidency.
.. “Sovereign citizens” are armed to the teeth and willing to challenge officials, as they did in last year’s armed standoff at the Malheur National Wildlife Refuge in Oregon. Many such militiamen have killed or injured local police.
.. They pose a greater threat than the Islamic State or al-Qaeda, according to a 2016 U.S. government report: “Of the 85 violent extremist incidents that resulted in death since September 12, 2001,
- far right wing violent extremist groups were responsible for 62 (73 percent) while
- radical Islamist violent extremists were responsible for 23 (27 percent).”