Trump's consecutive executive orders could derail him

The White House's failure to consult multiple agencies and lawmakers could lead to the new administration issuing executive orders that are flawed, unenforceable, and even illegal.

President Donald Trump signs an executive order in the Oval Office of the White House on January 23. Photo: Getty.

The Trump administration has largely ignored federal officials or lawmakers in rolling out a series of executive actions over the past week, raising concerns that the White House is creating flawed, unworkable or even illegal orders.

Act independently and quietly

The Trump team did not consult with State Department experts on the order to restart the Keystone XL pipeline, even though the company that wants to build the pipeline is suing the US government and demanding $15 billion in damages.

Defense Secretary James Mattis and CIA Director Mike Pompeo were "overwhelmed" by a draft order to consider the use of banned interrogation techniques such as torture.

Only a handful of officials at the Department of Health and Human Services knew about the anti-Obamacare order. The news reached them the night before the memos were released.

Key members of Congress were also not consulted. At a conference in Philadelphia, Republicans said they were not sure whether the new orders violated the law because they had not seen them.

President Trump signs an executive order on the construction of the Keystone XL oil pipeline on January 24. Photo: AP.

President Trump’s rapid pace of issuing executive orders may please his supporters, but critics question whether the documents were rushed through.

The Trump administration has failed to consult with agency experts and lawmakers. Whether Trump’s measures are enforceable, and whether the federal government can collect billions of dollars from cities that do not comply with the immigration executive order, is unclear to legal experts.

“To know when you’re facing important, high-stakes issues, get the best information from a wide range of experts in government,” said Max Stier, head of the nonprofit Partnership for Public Service.

The White House has not yet commented on this issue.

CEO style leadership

Nearly a week into his presidency, Donald Trump is developing the same improvisational leadership style he used to run his company, campaign and transition. The new president relies on a small group of trusted advisers before acting decisively.

People close to Trump's plans say he wants each daily event to demonstrate that he is making good on his campaign promises.

“He is determined to show people action from day one,” said one person familiar with the new president’s plans.Trump wants to show he is in charge and send a message to his supporters that the era of Barack Obama is over. But the process is causing chaos inside the White House and throughout the federal government.

Hasty and careless decrees

In the West Wing, some aides have been denied access to the executive orders, which were written by Stephen Miller, Trump’s senior White House policy adviser, and Steve Bannon, the president’s chief strategist, staffers said.

Some of the ideas for the executive orders came from transition officials and a group of people known as the “landing team,” who are not White House staff.

Stephen Miller (back) and Steve Bannon, two close associates of Mr Trump, are said to be the ones who write the president's executive orders. Photo: Getty.

The Trump administration has issued a flurry of executive orders in less than a week. On the other hand, “a government run by executive orders is not a sustainable plan,” said David Vladeck, a law professor at Georgetown University and former Federal Trade Commission official.

By contrast, the Obama White House developed memos through a painstaking process that took weeks, soliciting feedback from agencies and lawmakers, according to a former official. The Obama administration sometimes asked private legal experts to review the orders.

President Trump’s liberal use of executive power in recent days is also ironic for himself, as he and congressional Republicans had strongly opposed former President Obama’s increased use of executive action.

President Donald Trump signs an executive order in the Oval Office of the White House on January 23. Photo: Getty.

Former Senate Majority Leader Trent Lott, now a lobbyist, said he remains deeply concerned about any "aggressive" executive action, whether by Republicans or Democrats.

"We don't want an overbearing president," Lott said. "That's not the best way to run (the country). Congress needs to take a hard look at that. We've allowed the president to become too powerful."

The State Department had been considering the Keystone XL pipeline for years before Obama rejected it. President Trump has not consulted the department’s experts despite the fact that it is a complex project.

Trump’s new order invites TransCanada to reapply for a construction permit, but it’s unclear how the order will address the $15 billion claim the Canadian company is suing the U.S. government under the North American Free Trade Agreement (NAFTA).

The White House issuing an executive order on such a large and complex case without fully consulting with those involved is “not simply unusual,” said Keith Benes, a former State Department lawyer who worked on the Keystone case.

“It was a reckless act,” Mr. Benes said.

Mr Trump could also run into trouble with his executive order on immigration, which made big promises without making clear who would ultimately foot the bill for a wall along the border with Mexico that could cost at least $20 billion.

According to Zing.vn