EDITOR’S NOTE: Yonathan Zunger is principal engineer at Google and Chief Architect for Social Media. Prior to that he was a physicist at Stanford’s Institute for Theoretical Physics. His opinions are his own and do not represent the opinions of Google.
MEDIUM: 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.
A second major theme is watching the set of people involved. There appears to be a very tight “inner circle,” containing at least Trump, Bannon, Miller, Priebus, Kushner, and possibly Flynn, which is making all of the decisions. Other departments and appointees have been deliberately hobbled, with key orders announced to them only after the fact, staff gutted, and so on. Yesterday’s reorganization of the National Security Council mirrors this: Bannon and Priebus now have permanent seats on the Principals’ Committee; the Director of National Intelligence and the Chairman of the Joint Chiefs of Staff have both been demoted to only attending meetings where they are told that their expertise is relevant; the Secretary of Energy and the US representative to the UN were kicked off the committee altogether (in defiance of the authorizing statute, incidentally).
I am reminded of Trump’s continued operation of a private personal security force, and his deep rift with the intelligence community. Last Sunday, Kellyanne Conway (likely another member of the inner circle) said that “It’s really time for [Trump] to put in his own security and intelligence community,” and this seems likely to be the case.
As per my analysis yesterday, Trump is likely to want his own intelligence service disjoint from existing ones and reporting directly to him; given the current staffing and roles of his inner circle, Bannon is the natural choice for them to report through. (Having neither a large existing staff, nor any Congressional or Constitutional restrictions on his role as most other Cabinet-level appointees do) Keith Schiller would continue to run the personal security force, which would take over an increasing fraction of the Secret Service’s job.
Especially if combined with the DHS and the FBI, which appear to have remained loyal to the President throughout the recent transition, this creates the armature of a shadow government: intelligence and police services which are not accountable through any of the normal means, answerable only to the President.
(Note, incidentally, that the DHS already has police authority within 100 miles of any border of the US; since that includes coastlines, this area includes over 60% of Americans, and eleven entire states. They also have a standing force of over 45,000 officers, and just received authorization to hire 15,000 more on Wednesday.) MORE