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The Senate Exists for a Reason

The Atlantic

www.theatlantic.com › newsletters › archive › 2024 › 11 › the-senate-exists-for-a-reason › 680702

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As president-elect, Donald Trump has the right to name the people he wants in his Cabinet. Some of Trump’s nominations, such as Senator Marco Rubio to lead the State Department, are completely ordinary. A few are ideological red meat for Republicans. Others are gifts to Trump loyalists.

Four of these nominees, however, are dangerous to the security of the United States and to the well-being of its people: Pete Hegseth (Defense), Tulsi Gabbard (Office of the Director of National Intelligence), Matt Gaetz (Justice), and Robert F. Kennedy Jr. (Health and Human Services). The Senate must turn back these nominations, and do so en bloc.

The Gaetz and Kennedy nominations are apparently already in trouble, and more than enough has been written about them. Gaetz is an accused sexual predator (he has long denied the allegations); ironically, he is the least dangerous of this pack. Yes, as attorney general he would green-light every raving demand from MAGA world for investigations into Trump’s enemies, but in a strange blessing, he is also likely to be completely incompetent. The Department of Justice, as Trump himself learned during his first term, is packed to the rafters with very sharp lawyers who would almost certainly jam up any of Gaetz’s unconstitutional orders. Gaetz’s tenure at Justice would be a national humiliation and destructive to the rule of law, but it would also likely be very short.

The RFK Jr. nomination is, in a word, pathetic. Most of his views are little more than pure anti-science kookery, and if he is confirmed, Americans—and especially their children—will be in peril from this anti-vaccine crusader. But he would be a danger to the health of individual Americans (especially those who watch too much TV and spend too much time on the internet) rather than to the continued existence of the United States.

Which brings me to Gabbard and Hegseth.

Tulsi Gabbard, as I wrote last week, is unqualified for the job of DNI, but she is also a security risk: I have held security clearances for most of my adult life, and had I worked in any federal office next to her, I would have had no compunction about raising her as an “insider threat” because of her political views and her shady international connections. (As a member of Congress in 2017, she held meetings with the Syrian dictator Bashar al-Assad outside of U.S. government channels—an obvious problem for anyone seeking a senior role in national security.)

Gaetz, Kennedy, and Gabbard are terrible choices. The Hegseth nomination, however, is easily the most dangerous and irresponsible of all of Trump’s picks. (Gabbard is a significant hazard, but she would not have a gigantic army at her disposal, and she would not be involved with the control of nuclear weapons.) Like the other three in this group, Hegseth is shockingly unqualified for the job he’s been asked to take, but in this case, the Senate is faced with a proposal to place a TV talking head at the top of the Pentagon and insert him into the nuclear chain of command.

Hegseth has made personal choices that make him unfit to lead the DOD, including his extramarital affairs (which apparently helped tank his chances to lead the Department of Veterans Affairs in Trump’s first administration) and a payoff to a woman who claimed that he’d sexually assaulted her. He denies the assault allegation, but in any case, adultery is a criminal violation of the Uniform Code of Military Justice and can be a career-ending mistake for a member of the armed forces.

I will leave aside whether Hegseth’s tattoos identify him as a white supremacist. Hegseth denies the claim. But some of Hegseth’s ink is popular with extremists; that’s why one of his own military comrades reported him as an insider threat in the first place—and not, as Hegseth and some whining conservatives claim, because he is being persecuted as a Christian. I knew many people in federal service with patriotic tattoos. (I have one myself, and no, it’s none of your business where it is.) I am also a Christian who wears a cross—one that I had blessed in a church—every day. That’s not what any of this is about.

Hegseth’s defenders seem unable to understand that neither Hegseth nor anyone else has a right to be the secretary of defense: If the nominee made choices earlier in life that would now undermine his effectiveness in the job, then that’s his problem, not the Pentagon’s. But even if Hegseth were not an example of a sexist, MAGA-bro culture—his statements about women in the military are particularly noxious—the Senate is still faced with the problem that he’s utterly unqualified.

A former Army major, he has no serious background in national-security or defense issues beyond his military service. (And how that service ended is apparently now a matter of some dispute.) He has not worked anywhere in the defense world: not in any of its agencies, not with any of its industries, not with any of its workforce in any capacity. He has never managed anything of any significant size.

Not only would he be incapable of administering America’s largest government department, but he’d also be in a position of terrifying responsibility for which he is unprepared. Imagine an international crisis, perhaps only a year or two from now. President Trump is facing a situation that could be rife with danger to the United States and our allies—perhaps even one that involves nuclear threats. At this dire moment, Trump turns to …

Pete Hegseth and Tulsi Gabbard?

The Senate must do everything in its constitutional power to stop this. Trump won the election, but no president has an absolute right to his Cabinet nominations: The Constitution requires the Senate to consent to those nominations. Trump has already warned that if the Senate balks, he will subvert this process by using “recess appointments,” in effect a demand that the Senate take a walk and let Trump do whatever he wants—to consent, in other words, to autocracy.

Incoming Majority Leader John Thune and others who still might care about their duty to the nation have time to go to Trump, right now, and tell him that these four nominations are DOA. They could tell Trump that it is in his own interest—the only interest he recognizes—not to risk multiple defeats. And if the Senate folds and decides to take these up one at a time, Trump will wear them down, likely accepting that Gaetz must be a Succession-style “blood sacrifice,” in return for which Trump gets everyone else. For Thune—who, one assumes, does not wish to begin his tenure as a statelier version of Senator Tommy Tuberville, the MAGA obstructionist who held up military promotions for months—accepting such a deal would be a huge strategic error.

Whomever Trump nominates as replacements will likely be dangerous in their own way. But these four nominees have to be stopped—and right now.

Related:

The thing that binds Gabbard, Gaetz, and Hegseth to Trump The perverse logic of Trump’s nomination circus

Here are four new stories from The Atlantic:

He was the world’s longest-held death-row inmate. He was also innocent. How Trump could make Congress go away for a while Thomas Chatterton Williams: Is wokeness one big power grab? Europe braces for Trump.

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Evening Read

Justin Chung for The Atlantic

How Jimmy O. Yang Became a Main Character

By Shirley Li

Jimmy O. Yang had been trying to make it as an actor for years—cobbling together bit parts in network sitcoms, auditioning for nameless roles such as “Chinese Teenager #1”—when he was cast in a new HBO series. The show, Silicon Valley, was a comedy about a group of programmers at a Bay Area start-up incubator; his character, Jian-Yang, was an app developer who spoke in broken English.

It was a small guest role, but he saw it as an opportunity.

Read the full article.

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Stephanie Bai contributed to this newsletter.

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The Institutions Didn’t Even Hold the First Time

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 11 › trump-administration-institutions-collapse › 680516

Scholars and advocates for democracy who have tried to warn voters about the dangers posed by a second Donald Trump term are, to some extent, victims of their own success—or, rather, the perception of it. Having fought to defend the nation’s institutions during Trump’s first term, they now worry that Americans have become complacent about the risks of a potential second term.

“There’s this mythology that permeates that Trump didn’t damage institutions in the first term,” Amanda Carpenter, a former GOP staffer who now works for the civil-society group Protect Democracy, told me recently. “And I think that’s completely wrong.”

Indeed, institutions at nearly every level of American society failed during Trump’s first term, which is a big reason a second Trump term is even possible. The press, all three branches of the federal government, nongovernmental organizations such as the Republican Party, and the private sector all crumpled when confronted. The failures were of both personal leadership and systems. A reelected President Trump won’t just have figured out how to better fight a healthy system. He will face one that is already in dire condition.

[David A. Graham: We’re watching an antidemocratic coup unfold]

An exhaustive account of institutional collapses would be, well, exhausting, but a tour d’horizon should suffice. In 2015 and 2016, a majority of Republican-primary voters and an overwhelming majority of Republican Party leaders opposed Trump’s candidacy for president, but the party revealed itself to be incapable of organizing—one of its most basic functions—to resist the threat posed by a charismatic outsider. The traditional press also showed its susceptibility to a candidate able to attract almost endless attention, and how powerful that attention was, even when negative. The result was a narrow Trump victory in 2016.

The first constitutional check on a president is Congress. In the first two years of Trump’s presidency, both the House and the Senate were controlled by Republicans, who showed little interest in serious oversight work. After Democrats took over the House following the 2018 midterms, they began investigating Trump. They even impeached him after he attempted to withhold funds from Ukraine in exchange for helping Trump’s reelection campaign, but the GOP-led Senate declined to convict him, moving the goalposts. Elsewhere, however, Democrats were slow to respond to Trump’s stonewalling. For example, they sought his tax returns and were finally able to release them—in December 2022, nearly two years after he’d left office.

This was in part because Trump was able to recognize that the courts were a weak link in the constitutional order. The justice system is designed with lots of protections to ensure that no one is deprived of due process, but that also means that a defendant with sufficient money and bad faith can manipulate those protections to run down the clock.

The nature of the failures in the executive branch was more complex. Many members of the administration cooperated with Trump on legally, ethically, or morally dubious schemes. Others resisted them, sometimes bravely: Whistleblowing and public testimony from White House and State Department officials rattled by Trump’s pressure on Ukraine was courageous and came at a cost to them. In other cases, administration officials resisted Trump simply by refusing to execute bad ideas. This may have sometimes staved off acute disasters, but the federal government cannot function correctly if unelected officials feel empowered to decide when to follow lawful orders from the president. This is one of the institution’s vulnerabilities: Officials of conscience sometimes have no good options.

Trump’s attempts to subvert the 2020 election demonstrated the disastrous convergence of all of these failures. The president’s attempts to railroad state officials into supporting his efforts were prevented by people such as Georgia Secretary of State Brad Raffensperger and Arizona House Speaker Rusty Bowers, but Trump demonstrated how brittle the systems were by coming close to subverting the election. Some local election officials also showed far less integrity.

After January 6, the House once more impeached Trump, but the Senate again refused to convict. One major factor was that the Senate Republican leader, Mitch McConnell, concluded that Trump’s career was finished, thus excusing himself from taking any political hit by supporting a vote to convict.

The judicial branch is frequently celebrated as the institution that best resisted Trump’s election subversion. Courts did reject the Trump campaign’s legalistic efforts to keep him in office, but that is largely because its claims were so flimsy and lacking in evidence that judges had no other choice. The judiciary’s actions since then have revealed it to be as fragile as the other two branches. Trump has managed to thus far avoid criminal trials for his election subversion and for pilfering sensitive national documents and trying to hide them from the government; he has promised that will obstruct justice to ensure that remains true if he wins. Politico recently reported that judges have repeatedly expressed concerns about Trump gumming up the legal system with frivolous process arguments.

[Read: Trump is being very honest about one thing]

The Supreme Court, meanwhile, has played along with Trump. It ruled this past summer that nearly anything a president does under cover of the presidency is immune from prosecution, giving Trump sanction for past actions and opening up new avenues for future chicanery. One of the justices in the majority is married to a prominent participant in Trump’s election subversion. Another had a pro-Trump flag flying over his house, for which he blamed his spouse.

The private sector is no more resilient. After January 6, social-media companies banished Trump, and major corporations pledged not to contribute to politicians involved in election denial. But Trump is back on Facebook and X, and many of the companies that made the pledge have since quietly begun donating to such politicians once again. Major private institutions have continued to bend the knee to Trump, even before the election has taken place. The press has also weakened. The Washington Post spent years warning that “democracy dies in darkness,” but last month, the paper opted not to endorse a candidate for president, reportedly at the direction of its owner, Jeff Bezos.

The bad news is that the only major institution left is the American electorate. That is also the good news. A majority of voters rejected Trump in 2016 and again in 2020. They rejected his party in 2018 and only weakly supported it in 2022, with Trump out of office. In a democracy, the people are the most important institution—the source of legitimacy for all parts of government, and of accountability for the private sector. The choice is in their hands.

Danielle Allen and Robert Kagan Join The Atlantic as Contributing Writers

The Atlantic

www.theatlantic.com › press-releases › archive › 2024 › 11 › danielle-allen-and-robert-kagan-contributing-writers › 680483

Danielle Allen and Robert Kagan, two of the nation’s prominent scholars and commentators on matters of democracy, freedom, and the American idea, are joining The Atlantic as contributing writers, editor in chief Jeffrey Goldberg announced today. Both writers join The Atlantic from The Washington Post, where they served as opinion columnists.

The Atlantic is deeply committed to covering the crisis of democracy in all its manifestations, and having Danielle Allen and Robert Kagan join our already excellent team represents a real boon for our readers,” Goldberg said.

Allen, who serves as the James Bryant Conant University Professor at Harvard University, is a political philosopher and scholar of public policy. She is also director of the Allen Lab for Democracy Renovation at the Harvard Kennedy School, and director of the Democratic Knowledge Project at the Harvard Graduate School of Education. She has published numerous books on justice and citizenship, including 2023’s Justice by Means of Democracy, as well as Our Declaration: A Reading of the Declaration of Independence in Defense of Equality and the acclaimed memoir Cuz: The Life and Times of Michael A. Allen has contributed several articles to The Atlantic, the most recent about the history of a forgotten Black Founding Father.

Kagan is a senior fellow in the foreign-policy program at the Strobe Talbott Center for Security, Strategy, and Technology at the Brookings Institution. He has written for The New York Times, Foreign Affairs, and The Wall Street Journal, and is the author of a number of critically acclaimed and best-selling books, most recently Rebellion: How Antiliberalism Is Tearing America Apart—Again. He is also the author of The Ghost at the Feast: America and Collapse of World Order, 1900–1941; The Jungle Grows Back: America and Our Imperiled World; and Of Paradise and Power. Kagan served in the State Department from 1984 to 1988 as a member of the policy-planning staff, as principal speechwriter for Secretary of State George P. Shultz, and as deputy for policy in the Bureau of Inter-American Affairs.

Press Contact: Anna Bross, The Atlantic | press@theatlantic.com