The White House failed to consult with many of the agencies and lawmakers who will be critical for their success.
President Donald Trump’s team made little effort to consult with federal agency lawyers or lawmakers as they churned out executive actions this week, stoking fears the White House is creating the appearance of real momentum with flawed orders that might be unworkable, unenforceable or even illegal.
The White House didn’t ask State Department experts to review Trump’s memorandum on the Keystone XL pipeline, even though the company that wants to build the pipeline is suing the U.S. for $15 billion, according to two people familiar with the matter.
Defense Secretary James Mattis and CIA Director Mike Pompeo were “blindsided” by a draft order that would require agencies to reconsider using interrogation techniques that are currently banned as torture, according to sources with knowledge of their thinking.
Just a small circle of officials at the Department of Health and Human Services knew about the executive action starting to unwind Obamacare, and only less than two hours before it was released. Key members of Congress weren’t consulted either, according to several members. And at a conference in Philadelphia, GOP legislators say they had no idea whether some of the executive orders would contrast with existing laws — because they hadn’t reviewed them.
The breakneck pace of Trump’s executive actions might please his supporters, but critics are questioning whether the documents are being rushed through without the necessary review from agency experts and lawmakers who will bear the burden of actually carrying them out. For example, there are legal questions on how the country can force companies building pipelines to use materials manufactured domestically, which might not be available or which could violate trade treaty obligations. There’s also the question of whether the federal government can take billions from cities who don’t comply with immigration enforcement actions: Legal experts said it was unclear.
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Bannon and Miller are writing the EOs w little to no vetting or input from agency experts or even others in WH. https://t.co/Dvz6C9p9Wf pic.twitter.com/M8EHBHSpsp
— Garance Franke-Ruta (@thegarance) January 26, 2017
It is all about the optics. He promised much and has to at least look like he is delivering. He has to hit all of the conservative high points. Whether or not he knows what he is doing or has consulted or informed the people who will actually have to implement or decide the legality of it all is irrelevant. He needs to have his followers saying “Wow! He is really kicking butt here! He is amazing! Truly chosen by God! We’re not sick of winning yet!”
Aside from that Trump doesn’t know what he doesn’t know. He is particularly un-informed when it comes to Constitutional issues and has no idea how things really work. Can he stir things up? Probably. Will anything actually come of much of this? Who knows. It remains to be seen. One thing I do know, simply signing an executive order isn’t going to “git her done”.
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