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Trump’s easy campaign promises run into the difficulties of reality

April 5, 2018 by  
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An emboldened President Trump is discovering that the policies he once described as easy fixes for the nation are a lot more complicated in reality — creating backlash among allies, frustrating supporters and threatening the pocketbooks of many farming communities that helped get him elected.

Freed from the caution of former advisers, Trump has spent recent weeks returning to the gut-level basics that got him elected: tough talk on China, a promise of an immigration crackdown and an isolationist approach to national security. 

Several people who have spoken to the president say he is telling advisers that he is finally expediting the policies that got him elected and is more comfortable without a number of aides around him who were tempering his instincts. And he often cites rising poll numbers in recent weeks as a reason he should do it his own way, these people said. 

But at every front he has faced resistance from within his own coalition. Immigration hawks have been infuriated by his inability to build the border wall with funding from either Mexico or U.S. taxpayers. Many military leaders and foreign policy strategists have been alarmed by his promise to remove troops from Syria. And Republicans on Capitol Hill have protested the rising signs of a trade war with China. 

The Dow Jones industrial average — once used by Trump as a symbol of his success in office — has fallen nearly 5 percent since he announced new tariffs on March 1. Commodities markets, which are more closely watched in rural communities, have also been under pressure as China has threatened to impose retaliatory taxes on U.S. products from pork to soybeans.

President Trump speaks at a news conference with leaders of Baltic states in the East Room of the White House Tuesday. (Andrew Harnik/AP)

Trump has closely watched the stock market gyrations, according to people close to him, and has grown frustrated that stocks have fallen. The president has told several people that he has been surprised by the backlash over tariffs but remains pleased he made the moves. He has routinely argued with White House Chief of Staff John F. Kelly over trade, and also clashed on the issue with Gary Cohn, his former National Economic Council director.

“Nothing is easy,” Trump said Monday at the White House, while discussing his efforts to close the trade deficit with China.

It was a notable admission given that Trump had claimed the opposite in June 2016, during a major campaign speech on trade. “This is very easy. This is so easy,” he said then about tariffs on Chinese products. 

But there is little evidence that any of the resistance has caused Trump to rethink his decision to refocus his administration on the nationalist policies and priorities that electrified crowds during the campaign. 

“This is consistent with Trump’s populist movement that he was able to capture and lead in the last election,” said Ed Brookover, a former Trump campaign adviser. “What his base wanted him to do most of all is to fight for them, and the more Trump demonstrates he’s on their side, the more popular he is with them.”

Aides say Trump is more confident in his job than at any other point in his 14 months as president and feels empowered to act upon things he has long wanted to do. He has been frustrated by the slow pace of governing, they said, and is seizing opportunities now to take action and see immediate results, as he did when he ran his real estate and branding empire in New York.

An Army National Guard specialist scans the U.S.-Mexico border near Columbus, N.M., on June 12, 2006. President Trump has vowed to return National Guard troops to the border. (Norm Dettlaff/AP)

“None of it comes as a surprise to anybody,” said one senior White House official. “He’s used to making a decision and it happens, it moves. Government doesn’t quite work that way. Some of this is his frustration of wanting to see things happen. Now he’s taking bold action to see things happen.”

Trump has told several advisers that he wants to talk about immigration more and that the issue was the reason he won the election — along with trade. He has been incensed by stories noting that he has not gotten enough funding to build a border wall. He has told aides to prepare more executive orders, and on Wednesday the White House announced he would sign a proclamation aimed at sending National Guard troops to the southern border to work with Border Patrol agents.

One longtime adviser said recent weeks have been reminiscent of Trump’s time as a businessman working out of Trump Tower and a departure from the more formal structure imposed by Kelly. This person said Trump has often reminded aides about what he said on the campaign trail — and the crowds that came to hear it. 

Trump has cut senior advisers, including Kelly, out of some personnel and policy moves, such as the recent hirings of top economic adviser Larry Kudlow and national security adviser John Bolton. A senior White House official said neither of the men had been vetted before their selections were announced.

In recent weeks, Trump has also promised to meet North Korean leader Kim Jong Un, vowed to confidants he would rip up the Iran deal, floated an Oval Office meeting with Russian President Vladimir Putin and announced the removal of troops from Syria. Around the same time, he fired his secretary of state via Twitter.

According to those around him, Trump has increasingly struck a self-confident tone on foreign policy and has begun boasting about what he plans to accomplish. He brags about how he understands North Korea’s Kim and how his previous advisers and previous presidents were wrong, particularly mocking George W. Bush.

“He sees all these opportunities on the horizon on national security,” said Sen. Lindsey O. Graham (R-S.C.), who met with Trump at the White House last week. “I told him the way he’s handling himself has put him in a position to really change things, and he certainly agreed.”

One person who has spoken to Trump said the president is frustrated at the foreign policy apparatus that is pushing back on his Syria move and thinks that rich Middle Eastern countries are ripping off the United States. Trump has reluctantly agreed to listen, this person said, “at least for now.” 

The political backlash to the escalating trade fight with China has been particularly intense. More than 100 Republican members of Congress and multiple GOP senators have written public letters to the White House asking him to pull back from the tariff brinkmanship, as China prepares retaliation squarely aimed at punishing American farmers and manufacturers. Business groups that are key parts of the Republican coalition have also condemned the moves. 

“I’m not a fan of tariffs, and I am nervous about what appears to be a growing trend in the administration to levy tariffs,” Senate Majority Leader Mitch McConnell (R-Ky.) said Tuesday. “This is a slippery slope, so my hope is that this will stop before it gets into a broader tit-for-tat that can’t be good for our country.”

Rep. Steve King (R-Iowa), who has been one of the most vocal critics of the escalating trade war, said that farmers in his heavily Republican district had not yet abandoned their support of Trump. 

“They are going to have some faith that he actually knows what he is doing until it hits their pocketbooks,” King said. “But they would like to see this emerging trade war ended. They are not as concerned about trade deficits as they are by this emerging trade war.”

Other White House officials, if not Trump, have grown concerned with the backlash. Officials rushed to announce a trade deal with South Korea after being stung by criticism that Trump’s moves were ineffective, administration officials said. Other aides have privately suggested to allies on Capitol Hill that the tariffs may just be a negotiating position.

The challenge for Trump of trying to deliver on rosy promises is not a new one. Until winning the White House, Trump’s greatest successes have come in arenas such as marketing, entertainment and the presidential campaign, where image is the primary product and big boasts can make the sale. Billy Bush, the former “Access Hollywood” host, who spent years interviewing Trump about his reality show, “The Apprentice,” recently recalled confronting Trump over his serial misrepresentations of that show’s ratings. 

“He said, ‘Billy, look, you just tell them and they believe it. That’s it,’ ” Bush recalled on HBO’s “Real Time with Bill Maher.”

The unilateral power of bold assertion, regardless of facts or nuance, has been a central theme of Trump’s presidency. While politicians typically overpromise during the campaign, Trump distinguished himself with the scale and scope of his vows. “I will give you everything,” he said at a campaign event in North Dakota in May 2016. “I’m the only one.” 

By this standard, the first year of his presidency was full of frustration. The promise of repealing President Barack Obama’s Affordable Care Act ran into the reality of a divided Republican Party. Trump’s initial team of advisers warned him against dramatic acts on trade, and he largely followed the advice of his military leaders, who called for intensifying American involvement in Syria. 

That era is now clearly over.

“During the first year-plus of the Trump administration, the advisers dominated the process and succeeded in steering the president away from his most unfettered instincts,” said William A. Galston, a policy adviser in the Clinton White House and a senior fellow at the Brookings Institution. “The president is returning to a mind-set that’s closer to his campaign personality, one that he views as more likely to fulfill his promises and to resonate with the people who supported those promises most strongly.”

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Mueller’s assurances that Trump is not a ‘target’ don’t mean much

April 5, 2018 by  
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The assurance that President Donald Trump is only a “subject” of the investigation and not officially a target may not be worth much. | Saul Loeb/AFP/Getty Images

04/03/2018 11:34 PM EDT

Updated 04/04/2018 08:38 AM EDT


The office of Special Counsel Robert Mueller appears to be trying to entice President Donald Trump into an interview by assuring him last month that he is not a “target” of its investigation and is only a “subject” of the probe, at least for now, a source familiar with the discussions told POLITICO.

The recent assurance that Trump is not officially a target — first reported by the Washington Post — may not be worth much, since offering what prosecutors consider to be a false statement can easily tip someone over into the target category after an interview, lawyers said.

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More significant, some said, is Mueller’s intention to write a report on his findings about Trump’s potential obstruction of justice in the probe, according to the Post. Mueller has no obligation to submit a written report on any of his findings and it had not previously been known that he intends to write one. There is no assurance that such a report would be provided to Congress or become public.

When it comes to an interview, some formal and informal advisers to Trump have been urging him not to sit for an interview because of the legal peril it could create. Several of the guilty pleas Mueller has already netted in his investigation are for false statements made in interviews with FBI agents working for his office.

“As a practical matter, federal prosecutors typically don’t decide until late in an investigation whether they will charge a person who is under investigation,” former federal prosecutor Renato Mariotti wrote on Twitter. “Usually prosecutors don’t make that judgement until they’ve interviewed witnesses and reviewed the relevant documents. … All today’s news tells us is that Mueller hasn’t decided to indict Trump at this time. If Trump’s lawyers know what they’re doing, they’ll tell him he’s still under great risk.”

In Trump’s case, Mueller’s reported concession that Trump isn’t a target of the investigation may mean even less than in a more typical probe. That’s because Justice Department legal opinions issued in 1973 and 2000 say a sitting president cannot be indicted criminally while in office.

Mueller appears to have little option but to follow that legal guidance since he is generally bound to obey Justice Department policies.

A more intriguing possibility mentioned by the Post is that Mueller has indicated he plans to draft a report on his investigation and wants Trump’s account for that purpose.

“The key isn’t that Trump is not (yet) a ‘target’ but that he IS a SUBJECT of Mueller’s investigation that Mueller will write a REPORT on what Trump did, why, and what it adds up to. That is HUGE,” Harvard Law Professor Laurence Tribe wrote on Twitter.

Such a report could be significant because it could serve as a trigger to impeachment proceedings, particularly if the House falls into Democratic control in November.

A private lawyer for Trump, Jay Sekulow, declined to say Tuesday whether Mueller’s office has raised the possibility of a report or offered an assurance about Trump’s status in the ongoing probe.

“We do not discuss real or alleged conversations between our legal team and the Office of Special Counsel,” Sekulow said. White House attorney Ty Cobb also declined to comment.

However, a source informed about the discussions said Mueller’s office had offered the assurance that Trump is not a target of the probe and solely a subject. The source could not immediately confirm that prosecutors had revealed plans for a report that could be made public.

A spokesman for Mueller’s office declined to comment on the reports of discussions with Trump’s legal team.

Legal experts have been divided in recent months over the feasibility of Mueller issuing a report on his findings about alleged collusion between the Trump campaign and Russia. While the laws used to appoint independent counsels in the 1980s and 1990s allowed for release of a report with the approval of a judicial panel, the statute expired in 1999.

Mueller was appointed by Deputy Attorney General Rod Rosenstein last May under little-used Justice Department regulations that seem to limit the possibility of a far-ranging report on the special counsel’s findings. The rules do require reporting to Congress in the event that Rosenstein were to block a proposed prosecution by Mueller, but without such a disagreement it’s unclear that lawmakers would be automatically notified.

Congress might try to subpoena whatever written summary Mueller’s team gives to Rosenstein, but the regulations suggest that would only come at the end of the special counsel’s probe, which seems certain to continue until the end of this year and perhaps well into 2019. Indeed, the rules Mueller was appointed under appear to have been animated by the criticism of lengthy reports drafted by Whitewater Independent Counsel Ken Starr and others appointed under the old law.

“We think that the best reading of the special counsel regulations in their historical context rules out a Starr-like report to Congress that lays out hundreds of pages of factual allegations as well as legal analysis and conclusions,” Harvard Law Professor Jack Goldsmith and student Maddie McMahon wrote on Lawfare last month. “The drafters of the regulations criticized that approach and took steps to preclude it, and on the whole, the regulations achieve that goal.”

However, a former Justice Department attorney who drafted the regulations, Neal Katyal, said the rules do allow for more detailed reports. Whether and how they could be made public is a more complicated question.

“The regs only discuss the mandatory final report, and yes, it is contemplated to be brief due to privacy and other interests. But interim reports to the AG could be very detailed (and in order for them to be effective), likely would be,” Katyal told POLITICO on Tuesday night.

One of the biggest obstacles to the Justice Department making public findings about the investigation is that Rosenstein has repeatedly said publicly that prosecutors should not discuss their reasons for not filing charges in a specific case, particularly when individuals are involved.

Indeed, the memo Rosenstein prepared last year that the White House initially seized upon to justify the firing of FBI Director James Comey sharply faulted him for publicly revealing and assessing the evidence found in the course of the probe into Hillary Clinton’s use of a private email account while secretary of state.

“Derogatory information sometimes is disclosed in the course of criminal investigations and prosecutions, but we never release it gratuitously,” Rosenstein wrote. “The Director laid out his version of the facts for the news media as if it were a closing argument, but without a trial. It is a textbook example of what federal prosecutors and agents are taught not to do.”

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