White House would have many ways to upend the lives of Trump’s enemies
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WASHINGTON — For the many people considered enemies by President Trump, his return to the White House has sparked anxiety about how much power he has to upend their lives.
The White House has ways to reward friends or punish foes, putting aside the long expectation that federal agencies are supposed to act apolitically. Any lawsuits challenging attempts to wield government power would probably take years to resolve and offer little immediate comfort to those targeted.
Here are some examples of what Trump’s rivals and opponents fear he would try to do:
Launch criminal investigations
The gravest step Trump could take is discarding long-standing norms and ordering the Justice Department to open investigations or bring prosecutions. That could upend a person’s life and finances even if they are acquitted or never charged. While there is a well-established practice that presidents don’t interfere in the department’s operations, it’s only a norm. Trump has said he has “every right” to go after political opponents.
Take away security clearances
More than 4 million Americans hold security clearances and need those clearances to do their jobs. In many instances, they hold those clearances at the pleasure of the executive branch. Trump has already canceled clearances for numerous former officials.
It’s not just criminal prosecutions that worry those who have crossed President Trump. There are other, more prosaic, means of retaliation.
Prevent the publication of critical books
Current and former security clearance holders are required to submit written works to the government for review before publication to ensure that they don’t accidentally disclose classified information. It’s common for former government officials to write memoirs about their time in office, and a president bent on retribution could mire books in years of delay and dispute over what is and isn’t classified.
When former national security advisor John Bolton aimed to publish his 2020 memoir, the career official who reviewed his manuscript said she was improperly pressured by Trump political appointees to say it contained sensitive material.
Even before his big Supreme Court win, Trump promised to be ‘dictator for one day.’ Will the ruling embolden him further?
Withhold licenses and permits
Federal permits are required for businesses across the U.S. economy. Imports, exports, commercial fishing, mining, drilling, manufacture and distribution of alcoholic beverages, operation of planes and trucks, and broadcast licenses for media outlets, to name a few, require some sort of federal permit. Critics worry a president could use that process to reward supporters and punish enemies.
The Supreme Court ruled that former President Trump cannot be prosecuted for his official acts while in office.
Use the regulatory state
Independent regulatory agencies conduct civil and criminal investigations into securities and financial fraud, consumer protection issues and election law violations, among other things. Russell Vought, Trump’s nominee to be head of the Office of Management and Budget, has indicated that the administration would like to take more control over those agencies. “The whole notion of independent agencies is anathema,” he said on Fox Business.
Open IRS audits
While it’s a crime for political officials including the president to weaponize the Internal Revenue Service, as Richard Nixon suggested to aides in the 1970s, the Supreme Court ruled last year that presidents are entitled to a broad degree of immunity for official actions. The scope of that immunity has yet to be litigated, especially as it applies to agencies like the IRS.
Award or revoke contracts
The federal government is the largest buyer of goods and services in the world. While federal procurement by law is supposed to be decided on merit and value for taxpayers, the Supreme Court’s ruling on immunity raises new questions about to what extent a president can direct the contracting process. Amazon alleged in 2019 that Trump tried to steer a Pentagon contract to a competitor. Trump has long griped about coverage in the Washington Post, which is owed by Amazon founder Jeff Bezos.
Put people on no-fly lists
Presidential power is at its maximum when presidents invoke national security. Numerous lists can either prohibit air travel entirely or subject travelers to additional scrutiny. People have occasionally challenged their inclusion on such lists, but courts have been broadly deferential to government claims of national security.
Strip access to trusted traveler programs
Likewise, multiple programs can speed travelers through passport control or security screenings, such as Global Entry or TSA PreCheck. Could a president order political opponents to be stripped of their status? It’s never been tested.
Cancel passports
State Department-issued documents are required for international travel and can be canceled under certain circumstances. A president arbitrarily canceling the passport of a critic or political opponent would undoubtedly spark a massive legal battle, but that battle would take time to resolve and create a major inconvenience.
Tau writes for the Associated Press.
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