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Jack Goldsmith @jacklgoldsmith
, 12 tweets, 3 min read Read on Twitter
1/ A few thoughts in light of the @nytimes anonymous insider resistance op-ed, nytimes.com/2018/09/05/opi…, and the @DouthatNYT op-ed on the impotent presidency, nytimes.com/2018/09/05/opi….
2/ It's long been obvious that a defining trait of the Trump presidency is the president’s inability to do anything about senior officials who ignore his wishes and guidance and instead follow their own agenda. See, e.g., lawfareblog.com/real-constitut… and lawfareblog.com/our-non-unitar….
3/ So it's not surprising that (as the resistance op-ed says) “many of the senior officials in his own administration are working diligently from within to frustrate parts of his agenda and his worst inclinations.” That's been true since the first year of the administration.
4/ But the op-ed is more jarring and much harder to defend than the obvious resistance we have seen from, for example, the intelligence community on Russian interference in 2016, or from Comey and Rosenstein and Wray on the Mueller investigation, etc.
5/ In fact, the way the piece was done will almost certain render its message self-defeating—perhaps by design.
5/ In fact, the way the piece was done will almost certain render its comforting message self-defeating—perhaps by design.
6/ First is the troubling tone of self-congratulation. The most consequential and admirable senior “resistance” figures in the administration have for the most part resisted with attribution and have not been publicly patting themselves on the back for their efforts.
7/ I wonder about the character and judgment of the person who publicly but anonymously proclaims that he and colleagues are, as a substitute for the 25th Amendment process, “steer[ing] the administration in the right direction until — one way or another — it’s over.”
8/ W/o knowing which self-proclaimed “adults in the room” are accountable for administration's policy, it's impossible to assess their bona fides. Anonymously taking credit for these secret steps makes me question whether the writer really is an “adult” in the intended sense.
9/ I worry about how an open but anonymous celebration of a self-proclaimed “steady state” thwarting not just the elected president's lying or illegality, but his whole policy agenda, will play before the many who believe that we're witnessing a soft coup by undemocratic means.
10/ The op-ed will enhance the credibility of “deep state” conspiracy theories. The obviousness of this consequence, combined with the anonymous senior official's failure to offer any credible comfort about who’s really in charge, makes me wonder about his or her real agenda.
11/ Not that I know what the real agenda is. The piece might reflect bad judgment. Or be a pro-Trump false flag (including before the NYT). Or maybe some official is angling to be the next John Dean and Bill Safire, combined. Or something else. Who knows, in Trumpworld. END.
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