The theme of this morning’s news updates from Washington is additional clarity emerging, rather than meaningful changes in the field. But this clarity is enough to give us a sense of what we just saw happen, and why it happened the way it did.
I’ll separate what’s below into the raw news reports and analysis; you may also find these twopieces from yesterday (heavily referenced below) to be useful.
(1) Priebus made two public statements today. One is that the ban on Muslims will no longer be applied to green card holders. Notably absent from his statement was anything about people with other types of visa (including long-term ones), or anything about the DHS’ power to unilaterally revoke green cards in bulk.
The other was that the omission of Jews from the statement for Holocaust Remembrance Day was deliberate and is not regretted.
A point of note here is that Priebus is the one making these statements, which is not normally the Chief of Staff’s job. I’ll come back to that below.
(2) Rudy Giuliani told Fox News that the intent of yesterday’s order was very much a ban on Muslims, described in those words, and he was among the people Trump asked how they could find a way to do this legally.
(3) CNN has a detailed story (heavily sourced) about the process by which this ban was created and announced. Notable in this is that the DHS’ lawyers objected to the order, specifically its exclusion of green card holders, as illegal, and also pressed for there to be a grace period so that people currently out of the country wouldn’t be stranded — and they were personally overruled by Bannon and Stephen Miller. Also notable is that career DHS staff, up to and including the head of Customs & Border Patrol, were kept entirely out of the loop until the order was signed.
(4) The Guardian is reporting (heavily sourced) that the “mass resignations” of nearly all senior staff at the State Department on Thursday were not, in fact, resignations, but a purge ordered by the White House. As the diagram below (by Emily Roslin v Praze) shows, this leaves almost nobody in the entire senior staff of the State Department at this point.
The seniormost staff of the Department of State. Blue X’s are unfilled positions; red X’s are positions which were purged. Note that the “filled” positions are not actually confirmed yet.As the Guardian points out, this has an important and likely not accidental effect: it leaves the State Department entirely unstaffed during these critical first weeks, when orders like the Muslim ban (which they would normally resist) are coming down.
The article points out another point worth highlighting: “In the past, the state department has been asked to set up early foreign contacts for an incoming administration. This time however it has been bypassed, and Trump’s immediate circle of Steve Bannon, Michael Flynn, son-in-law Jared Kushner and Reince Priebus are making their own calls.”
(5) On Inauguration Day, Trump apparently filed his candidacy for 2020. Beyond being unusual, this opens up the ability for him to start accepting “campaign contributions” right away. Given that a sizable fraction of the campaign funds from the previous cycle were paid directly to the Trump organization in exchange for building leases, etc., at inflated rates, you can assume that those campaign coffers are a mechanism by which US nationals can easily give cash bribes directly to Trump. Non-US nationals can, of course, continue to use Trump’s hotels and other businesses as a way to funnel money to him.
(6) Finally, I want to highlight a story that many people haven’t noticed. On Wednesday, Reuters reported (in great detail) how 19.5% of Rosneft, Russia’s state oil company, has been sold to parties unknown. This was done through a dizzying array of shell companies, so that the most that can be said with certainty now is that the money “paying” for it was originally loaned out to the shell layers by VTB (the government’s official bank), even though it’s highly unclear who, if anyone, would be paying that loan back; and the recipients have been traced as far as some Cayman Islands shell companies.
Why is this interesting? Because the much-maligned Steele Dossier (the one with the golden showers in it) included the statement that Putin had offered Trump 19% of Rosneft if he became president and removed sanctions. The reason this is so interesting is that the dossier said this in July, and the sale didn’t happen until early December. And 19.5% sounds an awful lot like “19% plus a brokerage commission.”
Conclusive? No. But it raises some very interesting questions for journalists to investigate.
I see a few key patterns here. First, the decision to first block, and then allow, green card holders was meant to create chaos and pull out opposition; they never intended to hold it for too long. It wouldn’t surprise me if the goal is to create “resistance fatigue,” to get Americans to the point where they’re more likely to say “Oh, another protest? Don’t you guys ever stop?” relatively quickly.
However, the conspicuous absence of provisions preventing them from executing any of the “next steps” I outlined yesterday, such as bulk revocation of visas (including green cards) from nationals of various countries, and then pursuing them using mechanisms being set up for Latinos, highlights that this does not mean any sort of backing down on the part of the regime.
Note also the most frightening escalation last night was that the DHS made it fairly clear that they did not feel bound to obey any court orders. CBP continued to deny all access to counsel, detain people, and deport them in direct contravention to the court’s order, citing “upper management,” and the DHS made a formal (but confusing) statement that they would continue to follow the President’s orders. (See my updates from yesterday, and the various links there, for details) Significant in today’s updates is any lack of suggestion that the courts’ authority played a role in the decision.
That is to say, the administration is testing the extent to which the DHS (and other executive agencies) can act and ignore orders from the other branches of government. This is as serious as it can possibly get: all of the arguments about whether order X or Y is unconstitutional mean nothing if elements of the government are executing them and the courts are being ignored.
Yesterday was the trial balloon for a coup d’état against the United States. It gave them useful information.