Why Firing Mick Mulvaney Is Riskier Than Keeping Him

President Trump’s third chief of staff seemed destined for the door until impeachment came along.

Mick Mulvaney’s job was in danger even before his disastrous press conference yesterday, and his equally disastrous attempt to walk that performance back. The fumble could not have been more poorly timed: According to multiple current and former White House officials, many of whom spoke on the condition of anonymity to relay private conversations, Trump has been steadily souring on Mulvaney for weeks.

In his maiden briefing-room appearance yesterday, the acting White House chief of staff acknowledged that the Trump administration had held up military aid to Ukraine in exchange for a politically motivated investigation—a quid pro quo that Trump has repeatedly insisted never took place, and is the subject of the House Democrats’ impeachment inquiry.

The president has polled confidants about whether Mulvaney is up to the job, blaming him for leaks and negative news coverage, and considering whether he should find someone else to run the West Wing. It might stand to reason, then, that with Trump’s growing frustrations with Mulvaney—coupled with a performance yesterday that could put Trump in greater legal jeopardy than ever before—Mulvaney’s days as acting chief of staff are numbered.

Yesterday’s press conference was significant not just for Mulvaney’s revelations about Trump’s dealings with Ukraine. It also laid bare just how key a role Mulvaney has played in those dealings. Mulvaney admitted, for example, that Trump had spoken to him directly about an issue at the heart of Congress’s impeachment inquiry: withholding aid to Ukraine partly because Trump wanted an investigation into a conspiracy theory involving a Democratic National Committee server.

Trump was not happy—and neither were his most prominent allies. The shock of Mulvaney’s admission was only compounded by the flippancy with which he delivered it: For those troubled by it, he told reporters, “get over it.” Mulvaney later walked the claim back, but even in the eyes of the president’s closest confidants, the damage was done. For a White House staffer, there is perhaps no worse place to be than in Sean Hannity’s crosshairs, and that’s where Mulvaney found himself yesterday, after undercutting the administration’s talking points on impeachment in a way that not even a Trump-loving Fox News host could spin. Shortly after the press conference, Hannity excoriated the acting chief on his radio show: “What is Mulvaney even talking about?” Hannity scoffed. “I just think he’s dumb, I really do. I don’t even think he knows what he’s talking about. That’s my take on it.”

Nevertheless, in the course of combusting the White House’s narrative on impeachment, Mulvaney unwittingly demonstrated why, at this fraught moment in Trump’s presidency, he may be untouchable: Should Trump fire him and leave him aggrieved, Mulvaney could prove a damaging witness in Congress’s impeachment investigation.

A former White House official said Trump “will be feeling the pain of having pushed out [former National Security Adviser John] Bolton at a very inopportune time. He won’t make the same mistake with Mulvaney, however frustrated he may be with him. Now, their interests are aligned. They sink or swim together.”

It’s a line of thinking that has come to permeate the West Wing, and it marks a significant shift in how Trump is beginning to view his relationship with his staffers. For the past two and a half years, the White House has operated like a radio perpetually set on scan, with Trump sampling staffer after staffer in search of those whose rhythms match his own. Indeed, as Mulvaney told us earlier this year, it’s made for a West Wing whose atmosphere is dictated by one particular maxim: “He could fire any of us tomorrow.”

With the backdrop of impeachment, however, some White House staffers could feel more secure in their jobs than even their boss—and that’s perhaps especially true of Mulvaney. As Democrats move forward in their investigation, they’re looking for star witnesses, those officials in Trump’s inner circle who could speak authoritatively as to whether Trump pressured a foreign power to open investigations into both the 2016 election and former Vice President Joe Biden. And should Trump discard an adviser in his preferred manner—hastily announce the news on Twitter, then trash the person’s reputation—he or she may decide to become said star witness.

When Trump fired Bolton last month, he sent out a frosty tweet saying Bolton’s “services are no longer needed” and later mocked him for supporting the Iraq War. Since then, Bolton has made clear he has no desire to stay quiet, suggesting in a recent speech at a think tank in Washington, D.C., that Trump’s effort to roll back North Korea’s nuclear program is failing. Now Bolton is even better positioned to retaliate, and House Democrats may subpoena him to testify as part of their impeachment probe.

Bolton’s uncertain loyalty in this pivotal moment has convinced many of Trump’s allies that, eager as the president may be to oust him, Mulvaney is better kept inside of the White House. According to the current and former White House officials and others close to the president, people have been urging Trump to hold his acting chief in place, telling him that the risk of an aggrieved ex-official on the outside far outweighs any annoyances Trump may have with him. As President Lyndon Johnson famously said about then–FBI Director J. Edgar Hoover, it’s better to keep him inside the tent “pissing out” than the opposite.

“The president always fears that people he either gets rid of or resigns will turn out to be a press liability,” one person close to the White House told us. “But, look, if you treat people like crap, you shouldn’t expect loyalty.”

According to legal experts, by keeping Mulvaney in place, Trump can make a stronger case that Mulvaney is immune from having to testify about conversations with the president. “It becomes more difficult to control those who are no longer part of the executive branch,” Jonathan Turley, a George Washington University law professor, told us.

This is not to say, of course, that Trumpworld was quick to move on from Mulvaney’s disastrous briefing-room appearance. One of the president’s personal lawyers, Jay Sekulow, released a terse statement after Mulvaney’s press conference, saying that Trump’s legal team “was not involved” in the briefing.

However, the fact that Mulvaney still holds his job—in spite of the torrent of criticism inside and outside the White House—could underscore just how much impeachment has come to scramble the regular rhythms of this presidency. Gone, perhaps, are the days when Trump would give little thought to axing a senior official. Because while tell-all books come and go—promising a juicy anecdote here, a gossipy passage there—the impeachment inquiry is in motion. Which means the risk of ushering his staff into the arms of Democratic investigators is one that Trump may become less and less inclined to take.

There was a curious moment on Wednesday in the Oval Office, when Trump’s opinion of Bolton suddenly seemed to brighten. No longer did Trump want to dwell on his disagreements with Bolton or how Bolton had wrongly supported the Bush administration’s war in Iraq. “I actually got along with him pretty well. It just didn’t work out,” Trump told reporters during a meeting with his Italian counterpart, Sergio Mattarella.

It was as though Trump was telegraphing an understanding of the stakes, in this moment, of having his former national security adviser as an enemy. And earlier today, when he brushed off reporters’ questions about Mulvaney’s press conference, saying simply, “I think he clarified it,” Trump seemed to communicate another message of self-awareness: that he, more than ever, needs Mulvaney as a friend.

Yes, Trump’s nominees are treated ‘harshly’ and ‘unfairly’ — by Trump

The position of director of national intelligence was created after the 9/11 terror attacks to prevent another such assault on the American homeland. The DNI, as the director is known, must oversee 17 intelligence agencies with a total budget of about $60 billion. There are few jobs more important in the federal government — or the entire country. Yet President Trump treated the selection of a DNI with less care and forethought than he would give to picking an interior designer for Mar-a-Lago.

When Dan Coats decided last month that he had suffered enough as Trump’s DNI, Trump reportedly called Sen. Richard Burr (R-N.C.), chairman of the Senate Intelligence Committee, to ask what he thought about Rep. John Ratcliffe (R-Tex.) as a replacement. “Burr responded that he didn’t know much about the lawmaker but would consult with a few people,” Politico reported. “But less than a half hour later, Trump tweeted that Ratcliffe was his choice.”

Trump picked Ratcliffe, it seems, because he liked the congressman’s obnoxious questioning of former special counsel Robert S. Mueller III in July hearings and his role in spreading cuckoo conspiracy theories about a nonexistent “secret society” of FBI agents supposedly out to get the president. But it soon emerged that Trump didn’t know much about his new nominee.

In the days after Trump impetuously announced Ratcliffe’s nomination on July 28, The Post and other news organizations discovered that the three-term congressman from Texas had greatly embellished his résumé. He had boasted that he had “arrested over 300 illegal immigrants in a single day” and had “firsthand experience combating terrorism. When serving by special appointment in U.S. v. Holy Land Foundation, he convicted individuals who were funneling money to Hamas behind the front of a charitable organization.” Turns out that Ratcliffe had played only a small role in a sweep of undocumented immigrants and an even smaller role in the Holy Land case; an aide told the New York Times that Ratcliffe only “investigated side issues related to an initial mistrial.”

With Senate opposition growing, Trump withdrew Ratcliffe’s nomination on Friday just five days after putting him forward. He had lasted less than half a Scaramucci. In pulling the plug, Trump both credited and blamed the media, saying, “You are part of the vetting process. I give out a name to the press and you vet for me, we save a lot of money that way. But in the case of John [Ratcliffe], I really believe that he was being treated very harshly and very unfairly.”

Ratcliffe was treated “very harshly and very unfairly” — but by Trump, not the news media. There’s a reason presidents normally vet nominees before, not after, they’re announced. It’s better both for the prospective appointee and for the president to have any skeletons uncovered before swinging the closet door wide open.

By ignoring the traditional way of doing things, Trump subjected his personal physician, Rear Adm. Ronny L. Jackson, to considerable embarrassment in 2018 by nominating him to become secretary of veterans affairs and then having to withdraw the nomination after stories emerged accusing Jackson of “freely dispensing medication, drinking on the job and creating a hostile workplace.” The Defense Department inspector general even launched an investigation of Jackson. Learning nothing, Trump repeated the same mistake this year when he nominated Herman Cain and Stephen Moore to the Federal Reserve Board of Governors — posts for which they were utterly unqualified. Facing Senate resistance, Trump had to withdraw their names — but not before unflattering details of Moore’s divorce became public.

And those are the good-news stories: the nominees who never took office. Much more common for Trump has been his discovery, after the fact, that his appointments were terrible mistakes. His clunkers have included a secretary of state

  • (Rex Tillerson) who devastated morale at the State Department; a national security adviser
  • (Michael Flynn) who was convicted of lying to the FBI; three Cabinet officers (Interior Secretary
  • Ryan Zinke, Veterans Affairs Secretary David Shulkin, Health and Human Services Secretary
  • Tom Price) who were forced out for improper travel expenses and other ethical improprieties; a secretary of labor
  • (Alexander Acosta) who had given a sweetheart deal to a wealthy sex offender; and of course a communications director
  • (Anthony Scaramucci) who was fired after 11 days for giving a profanity-filled, on-the-record interview to a reporter.

Coats is the 10th Cabinet member to leave the Trump administration. In President Barack Obama’s first two years in office, not a single Cabinet member departed. Trump also has a record-setting rate of 75 percent turnover among senior, non-Cabinet officials. The cost of this constant churn and chaos is high: It becomes nearly impossible to develop or pursue coherent policies.

Who Is Left to Say No to Trump?

Kirstjen Nielsen is the latest one out of the president’s spiraling cabinet who expressed his cruelty but wouldn’t go as far as he wanted.

There’s no reason to mourn Kirstjen Nielsen’s departure from the Department of Homeland Security. She was an immigration hard-liner working aggressively to carry out President Trump’s restrictionist agenda. She spearheaded efforts to crack down on migrants and asylum seekers. She requested military assistance at the border. She limited the number of people who can legally present for asylum at ports of entry. And she vastly increased the number of immigrants in detention.

She also carried out the president’s “zero tolerance” policy, resulting in the separation of thousands of families at our border with Mexico. Many parents are still searching for their children.

But there were limits to Nielsen’s embrace of Trump’s immigration policies. She pushed back on his demands to break the law to stop migrants from entering the country, according to The Times, and repeatedly reminded the president of “the limitations imposed on her department by federal laws, court settlements and international obligations.”

In almost any other administration, this would be unremarkable. It simply means Nielsen took her job and its legal obligations seriously — what we would expect from any civil servant. But Trump is unusual among modern presidents for his routine elevation of people who lack that basic sense of public ethics. If regular pressure to break the law was part of Nielsen’s decision to leave the administration, then her departure illustrates how any belief in the public good, no matter how slight, is incompatible with working for this president, even if you share his views.

This was evident from previous resignations and firings. Rex Tillerson, Trump’s first secretary of state, seemed to share the president’s skepticism of the department, carrying out an agenda meant to shrink its influence. But when Trump wanted to break the lawwhich, Tillerson said in an interview after leaving the administration, was “often” — Tillerson would push back, unwilling to completely subordinate himself to the president’s will. “I would have to say to him, ‘Mr. President, I understand what you want to do, but you can’t do it that way. It violates the law.’”

The president’s first attorney general, Jeff Sessions, faced similar pressures after he recused himself from any investigations related to the prospect of Russian interference with the 2016 presidential election. Sessions took that step after The Washington Post revealed his meetings with the Russian ambassador, Sergey Kislyak, during the campaign — the kind of contact he had denied during his confirmation hearing before the Senate Judiciary Committee.

Trump was furious, which grew into rage after the deputy attorney general, Rod Rosenstein, appointed Robert Mueller special counsel. Trump reportedly berated Sessions in the Oval Office — which the attorney general called his “most humiliating experience in decades of public life” — and complained that the recusal was “unfair.”

Trump wanted Sessions to derail the Russia investigation and protect him from scrutiny, essentially making himself above the law. And he spent much of 2018 pressuring the attorney general to do just that, either attacking him in public or cajoling him in private. Sessions, who shared Trump’s politics but not his complete contempt for the rule of law, wouldn’t budge.

The overall pattern is clear. Trump wants to act with impunity, breaking the law if he needs or even just wants to. His appointees, who share his goals but not his methods, resist. He scolds and attacks them until they resign, replacing them with loyalists who may actually bend to his will.

Rex Tillerson was replaced by Mike Pompeo, then serving as director of the C.I.A. Unlike Tillerson, who attempted to contain Trump’s worst instincts, Pompeo has been willing to say or do nearly anything to stay in Trump’s favor. It’s why he would echo the president’s widely criticized flattery of Kim Jong-un and the North Korean government.

Trump says that Kevin McAleenan, until now the commissioner of Customs and Border Protection, will take over for Nielsen as acting secretary of Homeland Security. Like Nielsen, McAleenan backs the president’s harsh border policies. He defended border patrol agents after they used tear gas on hundreds of migrants, including women and children, who tried to enter the United States near Tijuana, Mexico. Some attorneys say it’s unclear if Trump can elevate McAleenan, since the laws regarding succession point to under secretary for management Claire Grady as next-in-line as acting director.

 

Trump Weighs Replacing Chief of Staff John Kelly in White House Shake-Up

The first to go is expected to be the deputy national security adviser, Mira Ricardel, who has clashed with First Lady Melania Trump. Mr. Trump is also leaning toward the ouster of Homeland Security Secretary Kirstjen Nielsen, who is a close ally of Mr. Kelly, White House officials said. The president has decided to replace Ms. Nielsen, but hasn’t finalized the timing, White House officials said, in part because there isn’t an obvious candidate to replace her.

.. The president often games out multiple staffing scenarios with advisers, including months of talking about whether to replace Mr. Kelly. While those discussions often signal impending changes, that is not always the case.This is how the president works,” one White House official said. “He’s doused a bunch of people in gasoline and he’s waiting for someone to light a match.”

.. A rift emerged after Mrs. Trump staff’s battled with Ms. Ricardel during the first lady’s trip to Africa last month over seating on the plane and requests to use National Security Council resources, according to people familiar with the matter. The first lady’s team also told Mr. Trump that they suspect Ms. Ricardel is behind some negative stories about Mrs. Trump and her staff.

The first lady’s office issued a statement on Tuesday calling for Ms. Ricardel to be dismissed. “It is the position of the Office of the First Lady that she no longer deserves the honor of serving in this White House,” said Stephanie Grisham, a spokeswoman for Mrs. Trump.

.. Late Tuesday, one White House official pushed back against the criticism but offered no assurances about Ms. Ricardel’s job security.

“Mira Ricardel is one of the highest ranking women in the Trump administration,” the official said. And she “has never met the first lady.”

Ms. Ricardel also repeatedly clashed with Defense Secretary Jim Mattis and his Pentagon team over staffing decisions and policy differences, according to people familiar with the feud.

.. Ms. Ricardel has served as a vital ally for Mr. Bolton since he took the national security job in April. He resisted efforts by Mr. Kelly to force her out, including when the chief of staff cited Mrs. Trump’s concerns two weeks ago, the officials said. Mrs. Trump and her staff then discussed the issue with the president during the trip to Paris, White House officials said. Mr. Trump told his wife that he would have Ms. Ricardel removed, the officials said.Mr. Bolton, meanwhile, has been among those pushing for Ms. Nielsen’s ouster, officials said. The Washington Post reported Mr. Trump’s decision to remove Ms. Nielsen on Monday.

.. One reason: The White House has no one ready to nominate, and there are succession questions at Homeland Security. The administration has yet to replace Elaine Duke, who resigned as the deputy secretary in February.
.. Mr. Trump also has soured on Kevin McAleenan, who is commissioner of U.S. Customs and Border Protection
 .. One source of tension between Mr. Bolton and Ms. Nielsen stemmed from a plan she raised to deal with the migrant caravan heading to the U.S.-Mexico border. Ms. Nielsen raised the possibility of asking the United Nations refugee agency to set up camps on the Mexico side of the border to house the migrants, said to people familiar with the talks.Mr. Bolton pointedly dismissed the idea as unworkable and misguided, a response that irked Ms. Nielsen and triggered a forceful defense from Mr. Kelly, these people said. Mr. Kelly asked Mr. Bolton what he thought would be a better approach, and Mr. Bolton said he would discuss it directly with the president, one of these people said.

.. In a meeting in the Oval Office, Mr. Trump further aggravated Mr. Kelly by suggesting that Jared Kushner, the president’s son-in-law and top adviser, use his contacts in the Mexican government to try to resolve the caravan issue. “Let’s get Jared involved; he’s our best guy on this,” Mr. Trump said.

.. In recent days, Mr. Trump referred to Mr. Ayers in the present tense as his chief of staff, one White House official said. Mr. Trump has told officials he expects to offer Mr. Ayers the job when Mr. Kelly leaves