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.
Trump is a president straight out of “The Great Gatsby.” F. Scott Fitzgerald wrote of his protagonists: “They were careless people, Tom and Daisy — they smashed up things and creatures and then retreated back into their money or their vast carelessness or whatever it was that kept them together, and let other people clean up the mess they had made.” In Trump’s case, the thing that he has smashed up is America’s government, and the cleanup cannot begin until January 2021 at the earliest.
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 law — which, 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.
Mr. Trump has told aides that he is aware that forcing out Ms. Nielsen may result in Mr. Kelly quitting, administration officials said. Mr. Trump has told these aides that he is resigned to the possibility of Mr. Kelly leaving, and that he probably will replace Mr. Kelly with Nick Ayers, who is currently chief of staff to Vice President Mike Pence... 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.
.. Mr. Trump also has soured on Kevin McAleenan, who is commissioner of U.S. Customs and Border Protection.. 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
What If President Donald Trump Tries to Fire Robert Mueller?
Mr. Mueller was appointed not by Mr. Trump, but by Deputy Attorney General Rod Rosenstein after Attorney General Jeff Sessions recused himself from involvement in any investigation related to the 2016 presidential race. That means Mr. Trump couldn’t fire Mr. Mueller himself, but would have to order Mr. Rosenstein to do so.
Mr. Rosenstein has expressed support for Mr. Mueller, and his associates expect him to resign rather than carry out such an order. If that happens, Mr. Trump could turn to the next Justice Department official in line, acting Associate Attorney General Jesse Panuccio, and then to Solicitor General Noel Francisco.
It isn’t known if either would heed an order to fire Mr. Mueller. If they refuse, Mr. Trump would have to go down the hierarchy at the Justice Department until he found an official willing to do so. In such a situation, the president could face a number of DOJ resignations—and the political fallout that would entail.
Something like this happened on Oct. 20, 1973, when President Richard Nixon ordered Justice Department officials to fire Watergate special prosecutor Archibald Cox. Attorney General Elliot Richardson resigned, as did his deputy, William Ruckelshaus. Solicitor General Robert Bork finally did as Mr. Nixon asked. That episode became known as the Saturday Night Massacre.
.. Some legal experts have asked whether Mr. Trump might replace Mr. Sessions or Mr. Rosenstein with another official and order that person to fire Mr. Mueller.
Attorneys general and their deputies must be confirmed by the Senate. Someone who is temporarily “acting” in that position, without Senate confirmation, must come from an existing Justice Department job or a Senate-confirmed post elsewhere in the administration.
.. Mr. Trump could, in theory, install someone like Environmental Protection Agency administrator Scott Pruitt, a former Oklahoma attorney general, as acting attorney general. Then, he could order Mr. Pruitt to fire Mr. Mueller. The political blowback from such a move, however, would likely be considerable.
Would Justice Department officials appoint another special counsel to replace Mr. Mueller?
Harsh public reaction to the Saturday Night Massacre in 1973 forced Mr. Nixon to allow DOJ officials to appoint a replacement. Leon Jaworski took that job and steadily pursued the investigation until the president was forced to resign.
.. There is no reason to think the Trump administration would appoint a new special counsel if Mr. Mueller were dismissed.
.. Prominent lawmakers of both parties, including Senate Judiciary Chairman Chuck Grassley (R., Iowa), have expressed support for Mr. Mueller. Mr. Grassley’s committee holds confirmation hearings for Justice Department officials, so his views are especially important.
The Iowa senator has suggested he wouldn’t move to approve a replacement if Mr. Trump fires Mr. Sessions, and on Tuesday he told Fox Business that “it would be suicide for the president to want to talk about firing Mueller.”
.. In addition, even if Mr. Trump fires Mr. Mueller, he can’t fire the grand jury the special counsel is working with or the judge overseeing it. A judge could appoint another prosecutor to continue working with the grand jury.