Trump

Seth Barrett Tillman: Today’s Question On CONLAWPROF: Where Would You Put Trump?

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Professor ZZZ asks: “Trump is not Stalin but in the history of national (federal) political figures in this country, I’m wondering … where [would] you put Trump? … Having a POTUS so publicly awful along those lines lowers the horrible bar so dramatically that we will pay for years to come. Not being Stalin but being Roy Cohn is a hell of a legacy.”
 
Tillman responded:
 
[. . .]
 
Trump is ahead of Woodrow Wilson: World War I, and! his resegregation of the federal civil service. I grant you that being ahead of Wilson is not saying much…but then, the nation survived Wilson, and no one today thinks of Wilson as having lowered the bar vis-a-vis future presidents. Professor ZZZ seems to be worried about this. He wrote: “Having a POTUS so publicly awful along those lines lowers the horrible bar so dramatically that we will pay for years to come.” Really?—Will we pay for it in years to come, or is this just a shabby slippery slope-type argument?
 
I cannot say I see much sense in Professor ZZZ’s references to Roy Cohn. Roy Cohn’s permanent claim to fame is his association with McCarthy and aggressive anticommunism. Trump, by contrast, has been criticized for being too close to Putin. It is not exactly the same; actually, the two are not alike at all.
 
If words and pretty speeches are the measure of a president, then Trump comes up short. The question is whether that is the correct standard for measuring presidents in a dangerous world.

Read the whole thing.

Seth’s last line is a good summary of the general flaw with many anti-Trump arguments. However, Seth doesn’t go far enough with specific examples:

-Trump didn’t withdraw US forces precipitately from an overseas conflict, leaving the worst of our enemies to fill the resulting power vacuum as Obama did in Iraq.

-Trump didn’t reverse longstanding US policy, deprecating alliances with pro-American countries, in a foolish and futile effort to buy the love of the Iranian mullahs as Obama did.

-Trump didn’t let himself get played by the North Korean dictatorship as Clinton, both Bushes and Obama did.

-Trump didn’t use the IRS to harass his political opponents – as Nixon threatened to do, as the Clintons did to right-wing activist organizations, and as Obama did to organizations and individuals who were active in the Tea Party movement.

-Trump didn’t use the FBI and CIA to spy on his Democratic rivals’ election campaigns as Obama seems to have done to Trump’s 2016 presidential campaign.

I can think of numerous other examples of unwise or malicious actions taken by previous presidents that Trump hasn’t done. Feel free to add additional examples in the comments.

The Russia Hoax was originally aimed at Flynn, not Trump.

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I am more and more coming around to the opinion of David Goldman and Michael Ledeen.

The Russia hoax was aimed at Michael Flynn and his role as a Trump advisor.

It was all about General Flynn. I think it began on the battlefields of Iraq and Afghanistan, when Flynn changed the way we did intelligence against the likes of Zarqawi, bin Laden, the Taliban, and their allies.

General Flynn saw that our battlefield intelligence was too slow. We collected information from the Middle East and sent it back to Washington, where men with stars on their shoulders and others at the civilian intel agencies chewed it over, decided what to do, and sent instructions back to the war zone. By the time all that happened, the battlefield had changed. Flynn short-circuited this cumbersome bureaucratic procedure and moved the whole enterprise to the war itself. The new methods were light years faster. Intel went to local analysts, new actions were ordered from men on the battlefield (Flynn famously didn’t care about rank or status) and the war shifted in our favor.

I read Dakota Meyer’s book. He was denied permission to accompany his Civil Affairs unit into an Afghan village because he was being punished for shooting at Taliban tribesmen firing mortar rounds into his base camp. The reason ? They were “not in uniform.” The ROE of the Obama administration saved his life as the unit he should have been with was ambushed and killed. He made attempts to rescue them, resulting in his award the Medal of Honor.

On 8 September 2009, near the village of Ganjgal, Meyer learned that three Marines and a Navy Corpsman, who were members of Meyer’s squad and his friends, were missing after being ambushed by a group of insurgents. Under enemy fire, Meyer entered an area known to be inhabited by insurgents and eventually found the four missing servicemen dead and stripped of their weapons, body armor and radios. There he saw a Taliban fighter trying to take the bodies. The fighter tackled Meyer, and after a brief scuffle, Meyer grabbed a baseball-sized rock and beat the fighter to death.[8] With the help of Afghan soldiers, he moved the bodies to a safer area where they could be extracted.[9] During his search, Meyer “personally evacuated 12 friendly wounded and provided cover for another 24 Marines and soldiers to escape likely death at the hands of a numerically superior and determined foe.”

In his account of the battle in his book, he relates how it took hours to get permission for artillery to respond to the ambush.

Read more

Seth Barrett Tillman: Brexit, the Extension, and Academia

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I suggest that it is not wrong for this prime minister or any prime minister to criticize her predecessors, cabinet colleagues, back benchers, or fellow members of parliament—in private or in public. Going over the heads of members of parliament by calling a snap election or engaging in political speech is precisely what is meant by normal democratic politics. Seeking to constrain normal democratic politics by characterizing it as abnormal is precisely the sort of behaviour that made Brexit possible—if not an existential necessity to secure democratic rights for ordinary voters.
 
[. . .]
 
Professor AAA thinks an elected Prime Minister’s trying to pass a cabinet programme by directly speaking to her nation’s people is somehow a wrong—a threat. And that is why millions of people voted for Brexit, and—I might add—why millions of people voted for: Donald J. Trump.

Read Seth’s post.

Reagan made his case directly to the voters by giving speeches which the networks were forced to broadcast unfiltered. Trump does the same thing by using Twitter. Trump’s critics respond as did Reagan’s, by trying to discredit the speaker and distract attention from his message. Trump’s critics are unsuccessful in doing this, as were Reagan’s.

Seth Barrett Tillman: Part VI: DC & MD v Trump—Can the President of the United States get Married or Divorced?

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Here is another question: What if President Trump and his wife should choose to go their separate ways? Can the President seek a divorce? Getting a divorce is not a de minimis benefit. Getting a divorce, especially with concomitant determinations about the division of marital property, calls for judicial discretion—so I guess, under Plaintiffs’ theory, the President must remain married as long as he is President. Tough luck Melania! Under Plaintiffs’ theory, the President cannot get a divorce in a federal court—as that would be an “emolument” from the federal government beyond his regular presidential compensation (and so purportedly precluded under the Domestic Emoluments Clause). He cannot get a divorce from a state court—as that would be an “emolument” from a state government (again, purportedly precluded under the Domestic Emoluments Clause). He cannot get a divorce from a foreign court—as that would be a foreign “emolument” (and so purportedly precluded under the Foreign Emoluments Clause). Trump just can’t catch a break!

Great stuff.

Seth Barrett Tillman: Trump’s 7% Panel

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In the Fourth Circuit, 3 judges have D/R or R/D appointments (i.e., CJ Gregory, Traxler & Floyd). 8 of the 18 have R or R-only appointments. 7 of the 18 have D or D-only appointments. The chances of drawing a strictly R-only panel of judges are 8/18*7/17*6/16 = 7%.
Not that it matters.
7%
Did I tell you?: only 7%.

Seth runs the numbers. His post is worth reading in full, as usual.