Tuesday, May 16, 2017

Recusing President Trump from National Security Matters

The urgency of the present moment is to separate President Trump from all matters concerning national security and, by extension, national defense.  Last week he purportedly shared information with the Russian foreign minister that had been intended to remain classified.  While it may be true that, as General McMaster later pointed out, the President didn’t reveal sources and methods in the course of the conversation, the concern is that the Russians, whose interests are in many areas not aligned with those of the US, might easily infer those sources and methods.  That appears to be a concern to the unnamed ally who had initially provided the intelligence to the US.  Our allies will be less eager to share secrets with us if they believe that US officials can’t be trusted with them. 

More importantly, we cannot risk another, potentially more devastating mistake of this sort (assuming that it was, in fact, a mistake).  Nevertheless, the President does not need to resign or to be impeached for this to happen relatively quickly, as it must.

President Trump came to office (it would be stretching the truth to say that he was elected) with a promise to disrupt the policy-making process.  He also promised to destroy ISIS, rebuild our defense capability, restore American influence and stature among nations, and reduce unnecessary American involvement in foreign conflicts.  Taken together, that's a set of aspirations, not a policy outline. The nearly contradictory tension between these goals is simply lost on Mr. Trump.

At this point, we’ve become familiar with how he operates, which generally involves little or no preparation, saying whatever pops into his head, and letting his staff sort out the policy in the wake of his random improvisations.  The jury is still out on whether this could work in the domestic sphere of crafting legislation and issuing executive orders.  It should now be obvious to everyone involved that it won’t work in international relations, and that the stakes for our national security are too high for the nation to continue in this manner.

One possible solution that occurs to me is for a delegation of legislators from his own party to visit the President at the White House, to work out an agreement by which Vice President Pence would agree to manage the national security apparatus, and deal with foreign governments on defense, security and diplomatic matters, and President Trump would agree to recuse himself from them. 

The duties of the President are laid out in Article II, section 2 of the US Constitution.  There is nothing there that suggests this type of arrangement, but there is, arguably, nothing that expressly forbids it.  In due course the Supreme Court might be asked to affirm the validity of the resulting state of affairs.

But how could a bunch of congresspersons convince the President of the United States to set aside his official prerogatives, and become in effect the President for Trade, Immigration, and Domestic Policy, even as his actions and business dealings remain under investigation by the FBI and Congress?  It’s a tall order for sure. In general Trump doesn’t really trust the Congressional GOP, and they consider him an unreliable ally.  But most of them are  fluent in Trump’s native language--of flattery, cajolery and threats.  They will find a way.

Finally, is Mike Pence really suited to this job?  It’s true that the Vice President has no particular experience in foreign affairs.  However, there are some reassuring facts.  First, Mr. Pence is, psychologically, a grown-up, with a sufficient attention span and proper impulse control.  Furthermore, he is an accomplished politician, with experience both as a legislator and as a governor.  Thirdly, as evidenced from his remarks early in the 2016 presidential campaign, he seems to really dislike Vladimir Putin, whom he called a “small and bullying leader.”  That’s ironic, perhaps, but somehow very comforting.

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