Scoop: Trump’s license to skirt the law

President Trump and top White House officials are privately considering a controversial strategy to act without legal authority to enact new federal policies — starting with immigration, administration officials tell Axios.

Between the lines: The White House thinking is being heavily influenced by John Yoo, the lawyer who wrote the Bush administration’s justification for waterboarding after 9/11.

Yoo detailed the theory in a National Review article, spotted atop Trump’s desk in the Oval Office, which argues that the Supreme Court’s 5-4 DACA ruling last month “makes it easy for presidents to violate the law.”

  • The president has brought up the article with key advisers, two Trump administration officials tell Axios.

Yoo writes that the ruling, and actions by President Obama, pave the way for Trump to implement policies that Congress won’t.

  • Some could remain in force for years even if he loses re-election.
  • Yoo — who next week will be out with a new book, “Defender in Chief,” on Trump’s use of presidential power — tells Axios that he has met virtually with White House officials about the implications of the ruling.

What’s next: The first test could come imminently. Trump has said he is about to unveil a “very major” immigration policy via executive order, which he says the Supreme Court gave him the power to do.


  • The order could also include significant new restrictions on immigration that couldn’t get through Congress but are favored by the president, Jared Kushner and hardline adviser Stephen Miller.

Driving the news: Yoo told Axios that Chief Justice John Roberts’ opinion “sets out a roadmap about how a president can use his prosecutorial discretion to under-enforce the law.”

  • The recourse would be if the next president tries to reverse what’s set in motion.
  • “Suppose President Donald Trump decided to create a nationwide right to carry guns openly,” Yoo writes in his National Review op-ed. “He could declare that he would not enforce federal firearms laws, and that a new ‘Trump permit’ would free any holder of state and local gun-control restrictions.”
  • “Even if Trump knew that his scheme lacked legal authority, he could get away with it for the length of his presidency. And, moreover, even if courts declared the permit illegal, his successor would have to keep enforcing the program for another year or two.”

There is more at the link above.   The article goes on to say that the reasoning of Yoo is flawed and incorrect.    Not that it matters as tRump and crew do not think the laws apply to them.   King tRump does not believe in a congress unless it does his bidding.   Hugs

Author: Scottie

I am a 57 year old gay man who has been very lucky in life. Life is an adventure and I live it that way. I am in a long term married relationship with a wonderful man I adore. We are in our 30th year together.

6 thoughts on “Scoop: Trump’s license to skirt the law”

  1. Scottie, the only way to deal with Trump is the way Chris Wallace did in the interview aired yesterday. Ask him questions and push back when he is untruthful. Trump was sweating not only because it was hot. In the middle of the perspiration, the president said “I am responsible for everything.” My wife and I burst out laughing as the truth is he assumes little if any responsibility for his mistakes, misspeaks, lies, etc.

    Long before he was president, the laws were only suggestions to Trump. Keith

    Liked by 1 person

    1. Hello Keith. I agree. But did you notice how angry tRump was getting for being corrected. He was on step from stopping the interview. He also demanded his people get him facts that according to Wallace on another show were clearly incorrect. So either his people were lying to him, or he just has them fake the information to please himself. Hugs


      1. Scottie, there are several consistent themes in books and articles about Trump. One is he is volatile. I use the word mercurial. People do not want to get yelled out, so they tell him watered down versions of what is happening. When I allude to Alice’s Queen of Hearts, it is an apt comparison to Trump. Keith

        Liked by 1 person

  2. <sigh,< Scottie – The best solution, and maybe the ONLY way to solve it would be to have the FBI intercede and intervene, and arrest Dumpy for at least ONE following even a VERY brief investigation, and arrest Dumpy for at least ONE major violation of Fed Law, because they’re the only entity besides the Secret Service, who can arrest the Prez.

    “But the FBI is under the control of the US AG, who’s like, best buds with tRump; he would NEVER sic the Feebies on his Prez!” you might say.

    Yeah, I know; sorry I even brought it up.


  3. This. Is. Scary. No matter that the article says the reasoning of Yoo is flawed and incorrect … there’s got to be something in what he suggests that has a ring of truth. If he’s written a book, he’s bound to have done considerable research.

    For me, this line from the article is the scariest: President Trump and top White House officials are privately considering a controversial strategy to act without legal authority to enact new federal policies …

    Liked by 2 people

    1. Hello Nan. That is what they are doing with hundreds of federal agents acting inside a state with no authority or legal reason to be doing so. It is clearly illegal but the only recourse is to go to court and you know what happens then, tRump delays and keeps appealing and meanwhile he keeps on doing the illegal act. I think his staff know he is losing and they want to get their beliefs into law such as no brown people coming across the border into law.

      This lawyer is the same one who wrote for Bush that torture was legal, that snatching people from other countries was legal. He is a horrible lawyer but he is another one, like Barr, that loves the idea of an imperial president. An all power presidential king elected every 4 years. Hugs

      Liked by 1 person

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