President Trump’s Litigious Style

Woman Writing Letter
Woman Writing Letter

Like almost anyone of age in the U.S. I am aware Donald J. Trump is our president.

I wrote “our” because unlike many of my friends and acquaintances who say, “Not my president,” I believe when the Congress certified the results of the Electoral College vote on Jan. 6 the subject was closed.

We’ll find out together what kind of president he will be. First impression? It’s not looking good.

We knew going in Trump’s style was litigious. What wasn’t expected is he is a scofflaw. If he had followed established procedures for promulgating executive orders, there wouldn’t have been so many legal actions around executive order 13769, titled, “Protecting the Nation from Foreign Terrorist Entry into the United States.”

There are rules about executive orders and the White House team did not follow them.

President John F. Kennedy issued executive order 11030, titled, “Preparation, presentation, filing, and publication of executive orders and proclamations should be brought forth by the president.” It has been modified by successive presidents and here’s the crux.

Once drafted, an executive order goes to the Office of Management and Budget. If OMB approves, it goes to the Attorney General for approval. Once AG approves, it goes to the Director of the Office of the Federal Register, National Archives and Records Administration. Then the executive order goes back to the president who issues it.

If Trump had gotten the review of his acting attorney general before signing No. 13769, things might have gone better. As it happened, she wouldn’t defend it and Trump fired her. Legal actions in various federal courts ensued, and at this writing Trump’s executive order is in legal limbo.

What we now know about the administration is lawyers should do very well in Trumpworld because his litigious style is part of his character.

~ A letter to the editor published in the Feb. 9, 2017 Solon Economist