SLEEPWALKING
Trump Just Broke the Law.
Blatantly. And He Might Get Away With It.
How is this not a major political
scandal already? Hello, Democrats?
Imagine that there were a
particularly dirty NFL player—call him Thompson—who developed a habit of doing
something new and possibly dangerous to opposing players. Penalty flags didn’t
deter him. On and on he went. Finally, the NFL passed the “Thompson rule” to
make the act specifically illegal and to raise the stakes on
punishment—ejection, say.
Now imagine that
Thompson, rather than changing his ways, just keeps doing it. In fact, he comes
up with something worse and keeps doing that. He just. Doesn’t. Care. That is
roughly what Donald Trump did last week when he fired a slew of inspectors
general in the executive branch. He broke a law that Congress passed as a
reform because of his own earlier behavior as president. What he did
flings the door wide open to run-of-the-mill corruption and potentially far
worse. He doesn’t care, and it seems unlikely that the broader public will
care. And there’s surely more of this kind of thing on the way.
The Washington Post reported Friday night that Trump had fired at least 12
inspectors general, who are independent watchdogs parked in agencies of the
executive branch that are charged with monitoring waste and corruption. By
Sunday, the number was up to at least 15. The White House didn’t release the
names of the terminated, but the Post and others found out. Justice
and Homeland Security were the only Cabinet-level departments spared the ax.
Some of the fired I.G.s were Trump’s own appointees from his first term.
That’s bad on its face.
But once you know a little history, Trump’s purge gets even worse than it
seems. Inspectors general came into being in 1978 as a post-Nixon
accountability reform intended to prevent—or at least discourage—a president
from stacking agencies with cronies, steering contracts to friends, and so on.
In other words, it’s a guardrail against the abuse of executive power that was
put into place because of the only other law-flouting Imperial President in
this country’s modern history besides Trump.
There were 12 inspectors general originally; now there are 73. Maybe that’s too many. Maybe we could debate whether
the Farm Credit Board or the Smithsonian Institution really needs an I.G. But
that’s not what’s at issue here.
What’s at issue here is
this: Under the original law, presidents had to give Congress 30 days’ notice
about their intent to fire an I.G. and just supply some vague reason why.
President Barack Obama’s excuse for firing the
I.G. of national service programs was simply a lack of confidence in the guy.
Then came Trump. As Bob Bauer and Jack Goldsmith wrote at Lawfare in 2022, “More frequently than prior
presidents, [Trump] manipulated vacancies and related laws to fire or dismiss
disliked inspectors general and replace them, pursuant to the Federal Vacancies
Reform Act of 1998 (FVRA), with a more like-minded or pliant official.”
So Congress, through a
larger defense bill, amended the I.G. law by replacing the word “reasons” with
the phrase “substantive rationale, including detailed and case-specific
reasons.” In sum, Congress toughened this law because of Trump. And now, Trump
has broken the provision that was added in response to his flouting of the
original law!
That he broke the law is
obvious. He didn’t give 30 days’ notice. He didn’t provide any “substantive
rationale.” He didn’t provide any reason at all. He just did it. And he told
reporters Saturday that it was all fine. “It’s a very common thing to do,” he
said. Once he says that, we know that basically every Republican, and Fox News
and Sinclair and the rest of the propaganda chamber, are going to say the same
thing. Lindsey Graham on Sunday hilariously admitted that “technically, yeah,”
Trump broke the law but Graham wasn’t losing any sleep over it.
What might the
consequences be down the road? It’s hard to say. I.G.s monitor petty corruption
in areas like rewarding of contracts, so maybe once Trump has his loyalists
installed in those I.G. positions, they’ll turn a blind eye to that.
But come on. That’s small
potatoes for Trump. He did this in his first week in office in the dead of
Friday night without announcing it and without releasing names, so it seems
clear that his people had been planning it for a long time. And it was done for
a very specific reason. My guess is that it has something to do with the coming
Project 2025–style purges of executive agencies. But that’s just a guess. Not
being an evil genius myself, I have trouble keeping up with these people.
The Democrats, meanwhile,
have been their usual wobbly selves during these early days of Trump 2.0, with
their mealy-mouthed vows to work with the administration and their failure
(most of them, not all of them) to understand the situation we’re in.
The situation is this.
Trump takes up about 80 percent of the oxygen. His craven party and the
right-wing media will applaud everything he does, legal or not, and invent some
justification for it. The half of the country that voted for him will agree and
approve. They assume, for example in the case of the inspectors general, that
these people are corrupt deep-staters who are standing in Trump’s way, so good
riddance, law schmaw.
They don’t need to be
galvanized, in other words. As long as Trump’s getting his way, they’re in the
game, and they’re content.
The half that voted
against Trump, however, does need to be galvanized. Some are still hurting from
the election. Others don’t want to engage. Many just feel there’s no hope.
Well, someone needs to
step up and lead the fight—and pick issues that will galvanize anti-Trump
America. I don’t know if this is one of them. Some will dismiss these firings
as inside baseball. But I’m sorry, that’s such a passive, Democratic way to look
at this. There’s always an excuse not to act, if not acting is what you want to
do.
The president broke the
law. Clearly and unambiguously. On his fifth day in office. In what democracy
is that not an issue? I fear we know the answer.
