I was not pleased with the way that Navy Seal Eddie Gallagher’s trial was handled by the Navy. He was treated very badly but, despite this, was completely exonerated on all major charges. I then restored Eddie’s rank. Likewise, large cost overruns from past administration’s.....— Donald J. Trump (@realDonaldTrump) November 24, 2019
....contracting procedures were not addressed to my satisfaction. Therefore, Secretary of the Navy Richard Spencer’s services have been terminated by Secretary of Defense Mark Esper. I thank Richard for his service & commitment. Eddie will retire peacefully with all of the.....— Donald J. Trump (@realDonaldTrump) November 24, 2019
What, by the way, do cost overruns (?) have to do with this? Asking for a friend.
....honors that he has earned, including his Trident Pin. Admiral and now Ambassador to Norway Ken Braithwaite will be nominated by me to be the new Secretary of the Navy. A man of great achievement and success, I know Ken will do an outstanding job!— Donald J. Trump (@realDonaldTrump) November 24, 2019
Trump had to get his pound of flesh from this, so Gallagher retires with his SEAL status intact. It's telling Trump thinks one more strike against the chain of command is a win; but there we are.
For the first part, this contradicts what was reported earlier:
The Navy has been notified that the White House will not intervene to stop a disciplinary proceeding that could cost a SEAL his position in the elite unit, senior Navy official says. https://t.co/uZKXsgg9GD— NBC News (@NBCNews) November 24, 2019
Which makes this simply a mess, for which Spencer bears some blame:
Spencer did himself no favors by denying our accurate reporting yesterday, which his letter backs up. Without that, there would be less skepticism and it would make the already curious official version harder to believe. https://t.co/Rvtf9SPTJa— Maggie Haberman (@maggieNYT) November 25, 2019
Which makes me think Spencer's letter of termination (he didn't resign) is, and was released as, a CYA measure, which is not really a good look no matter who is finally to blame. Except on reading it (finally! what can I say, I'm busy!), it's clearly a middle finger to Trump, especially the paragraphs about military order and the rule of law, two things Trump clearly disdains and tramples like the ignorant child he is. Of course, that's a good way to point away from DOD reports that Spencer was negotiating with the White House behind Esper's back. ETTD, indeed. Still, the letter is not a resignation:
I don’t see quitting in this letter. pic.twitter.com/SGouLJqr8H— Eric Columbus (@EricColumbus) November 25, 2019
And it makes it pretty clear Trump told Esper to do it, but leave Trump out of it. Which is the other problem here:
It’s not at all clear that the Secretary of Defense even has the authority to fire the Secretary of the Navy—who’s appointed by the President under 10 U.S.C. § 8013(a)(1):https://t.co/Y1JCeu4cEk— Steve Vladeck (@steve_vladeck) November 25, 2019
§ 8013 says he’s subject to _direction_ of SecDef, but says nothing about removal. pic.twitter.com/47sAawKYmv
And #SCOTUS has been clear since at least 1839 that, unless a statute specifically says otherwise, the appointing authority (here, the President) is the default removal authority:https://t.co/UDzAi0p83r— Steve Vladeck (@steve_vladeck) November 25, 2019
Which raises a more important problem/issue:
These guys are as incompetent as they are malevolent.— Eric Columbus (@EricColumbus) November 25, 2019
— Esper can’t legally fire Spencer; only POTUS can do that.
—Spencer didn’t quit; he wrote “I hereby acknowledge my termination.”
—Unless Trump actually fires Spencer, any acting replacement might lack any legal authority. https://t.co/N1z46SxoEq
I don't know who has standing to challenge the appointment of a new SecNav (?), but this kind of quite literal lawlessness is a pervasive problem all on its own. Trump wants to keep his (tiny) hands clean by foisting the order onto the SecDef. Notice Trump had nothing to do with it, which is the responsibility he wants desperately not to be saddled with, because that responsibility carries with it blame on Trump for his stupid tweets in the first place, and for his bull-in-the-china-shop approach to military command structure. This quite honestly has nothing to do with Spencer or even Esper anymore, and everything to do with Trump. So, of course, Trump did it because of cost overruns.
Huh?
His lawlessness and disregard for law is like a stone through a plate glass window; the cracks from the initial impact just keep spreading and spreading, and the window itself is now useless and must be replaced. How much of government and understanding of governance (not to mention military order) will we have to remove and replace (and how do we do that?) when Trump is finally gone?
Every day he proves himself not only unfit for office, but a clear and present danger to the government and the Constitution. And he knows it, and refuses to be held responsible for it, and that only makes the matter worse.
Huh?
His lawlessness and disregard for law is like a stone through a plate glass window; the cracks from the initial impact just keep spreading and spreading, and the window itself is now useless and must be replaced. How much of government and understanding of governance (not to mention military order) will we have to remove and replace (and how do we do that?) when Trump is finally gone?
Every day he proves himself not only unfit for office, but a clear and present danger to the government and the Constitution. And he knows it, and refuses to be held responsible for it, and that only makes the matter worse.
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