The Deep State

One of the first things that Trump did as President was to sign an executive order barring immigration from certain majority Muslim countries, as well as reducing the number of refugees admitted to the US, among other things.
The actual text of the order said nothing about denying entry to permanent resident (ie, green card holders).    (you can read the text here: https://www.whitehouse.gov/the-press-office/2017/01/27/executive-order-protecting-nation-foreign-terrorist-entry-united-states ).  Yet, with its initial roll out on January 27, green card holders were denied entry to the US.  On January 28, DHS clarified that green card holders were included in the ban.  Two days later, they reversed their position, deciding that the ban did not apply to green card holders after all.  (https://www.propublica.org/article/trump-executive-order-could-block-legal-residents-from-returning-to-america).  (eventually, the ban was blocked by a federal judge, and the Trump administration replaced it with another order which specifically exempted permanent residents.  That order was also blocked by a federal judge, partially reversed by the supreme court, which will presumably make a more complete ruling soon).
In executing the order, there was apparently no clear direction who was and wasn’t actually banned.  The necessary training, review and explanation to the DHS and Customs agents who would make the actual decisions was inadequate.  What I imagine happened is that some agent didn’t know what to do with a green card holder, so they asked their manager, who asked theirs… and at some point somebody made the decision that it would be better for their career to keep somebody out than to let somebody in.  This decision soon became the law of the land, for at least two days, until the higher ups reversed these decisions.  I am of course speculating, for all I know it was the President who decided in the first place, and then reversed his own decision two or three days later.
Yet this has all the hallmarks of bad management and bad communication.  An order was issued, and it was up to the department to figure out what that order actually meant.
All this could be chalked up to a rookie administration within the first few weeks of its administration.
***

On July 26, Donald Trump tweeted ( https://twitter.com/realDonaldTrump/status/890193981585444864 https://twitter.com/realDonaldTrump/status/890196164313833472  https://twitter.com/realDonaldTrump/status/890197095151546369  ) that Transgender individuals would be barred from military service.  While he made the decision “After consultation with Generals and military experts” he apparently did not inform the DoD; as they were reported caught off guard (http://www.washingtonexaminer.com/pentagon-says-trumps-transgender-tweet-was-not-an-order/article/2630201 ), and are awaiting more formalized instruction to begin implementing the policy.  Now, there may be some distinction between orders on the one hand and announcements on the other.  There may be reasons to ask clarifications during or before executing those orders.  Finally  there may be good reasons not to obey orders posted on twitter (or other social media sites), as they may be vulnerable to hacking or spoofing.
Yet despite this, it seems that the military is, in the smallest possible way, disobeying an order from the President.  Civilian control of the military is one of the hallmarks of a free society.  The awesome power of the military must be subordinate to our elected officials; doing otherwise invites military dictatorship.
Of course, I’m engaging in a little hyperbole.  Delaying implementation of an order until clarification is worlds away, in degree and in kind, from placing a favored candidate in office, or placing political opponents under military arrest.  The military’s actions are in many ways reasonable and may in fact be the best course of action.

***
One of the things that the alt-right wing of the conservative movement complains about is the deep state.  In essense, the theory goes, the true source of power in the US government isn’t the top, but the middle.  Middle to upper level government officials and employees are a type of rogue government within the government, acting not based on the will of the people but based on their own ends, enacting their own policies, working towards their own agendas.  The deep state is of course, totally liberal.  It is the deep state which is holding back Trump from truly making America Great Again.  The deep state is the source of the leaks plaguing the administration, it is really the source of the Independant Counsel investigation.
Moderate Conservative David Frum’s rebuttle of this is too good to pass up.  “‘deep state’ is code for ‘the rule of law,'”  ( https://twitter.com/davidfrum/status/865542966814818305 )
However, while most of the details of this stance of the alt-right (or most stances of the alt-right, for that matter) is somewhere between idiocy and totalitarian wish fulfillment, there is a kernel of truth in the theory.   The government should be accountable to the people; and within a representative democracy the accountability flows through our elected officials, especially the President.  While we may want environmental policy heavily influenced by environmental scientists, military policy influenced by generals, economic policy influenced by economists, et cetera, at each point we want one thing to be true: that the ultimate authority on any policy should be the citizenry.
***
Any time a person pushes some boundary or crosses some line, it becomes easier to do.  Stealing something small makes it easier to steal something big.  When you get used to something, it can be hard to stop doing. Delaying an implementation of a order until clarification doesn’t end civilian control of the military.  But it will take a small chip, a tiny sliver from that social norm.  With vigilance, intelligence, or even good luck, it will be replenished, and it will be as if nothing ever happened.  Yet if this continues; if we have orders announced but not formally given; then we’re essentially training our generals to decide on a case by case basis which orders to ignore and which to follow.
***

There are other norms in government as well.  The justice department should report to the citizenry via the President.  Yet there is an important counterbalance, a social norm which is more important.  And that is that the Justice Department should not be used for the personal aims of the President.  At the beginning of Trump term, I may have been a little worried that this may happen, that Trump would stack the department with his cronies, and it would be used to persecute Trump’s political opponents.

I am not worried about that anymore.  Trump, it seems, does not have the cunning to actually accomplish much nefariously.  When he laments that acting FBI director Andrew McCabe is somehow in league with Hillary Clinton and openly calls for his firing; (https://twitter.com/realDonaldTrump/status/890207082926022656 https://twitter.com/realDonaldTrump/status/890208319566229504 ), there is no action taken.  No one will rid Trump of this meddlesome director.  Far from obeying him, Attorney General Sessions, one of Trump’s first major supporters, just kind of ignores him.  There is simply no way the actual rank and file of the department would go along with prosecuting the President’s enemies on his orders.
But imagine what four years of openly and almost brazenly ignoring your superiors will do to you.  Sure, whoever replaces Trump will garner more respect.  And sure, the rank and file may not consciously decide to rebel or disobey or ignore.  But they may get used to it, and old habits die hard.
The deep state is a problem.  A government of the people, for the people, needs to be run by the people.  Far from attacking it however, Trump has only made it stronger, and the circus atmosphere which has pervaded the

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