By Nick Catoggio
Friday, January 03, 2025
On Thursday, Harvard law professor Jack Goldsmith flagged
an unlikely common thread among Donald Trump’s nominees for top national
security positions. None seem terribly interested in, er, national security.
Kristi Noem, Trump’s nominee to lead the Department of
Homeland Security, has zero relevant experience. His FBI pick, Kash Patel, and
director of intelligence choice, Tulsi Gabbard, are marginally qualified but
betray no zeal for the nuts-and-bolts “catching bad guys” elements of the job.
And attorney general candidate Pam Bondi, while credentialed, has had little to
say about national security despite having spent eight years as Florida’s top
prosecutor. (She’ll talk your ear off about the
supposedly rigged election of 2020, though.)
Goldsmith didn’t mention Defense Department nominee Pete
Hegseth, as his portfolio will focus on external rather than internal threats—let’s
hope!—but he fits right in. He’s unqualified, conspiratorial,
and more interested in purging
leftists from the agency he’s been tapped to lead than with how to use U.S.
military power to advance national interests.
All five are terrible selections if your priority is
protecting Americans from dangerous threats, but they’re exemplary if your
priority is co-opting the federal bureaucracy to harass your political enemies
and to carry out an authoritarian’s wishes, lawful or not. Nationalist
security, not national security, is Trump’s utmost ambition for his second term
and he’s staffing up accordingly.
Nothing new about any of that. We’ve been over the
defects in Trump’s nominees many times in this newsletter. What’s new, and what
inspired Goldsmith to write, are the
terror attacks in New Orleans and Las Vegas on New Year’s Day. Nationalist
security is all fun and games until things start blowing up; now that they
have, the need for serious, qualified people atop the executive branch’s natsec
agencies might weigh more heavily on the Senate than it did a week ago.
After the attacks, Dispatch staffers began
debating whether Patel et al. are now more or less likely to be confirmed. Can
you guess where a demoralized pessimist lands on that question?
Rolling over.
It’s an easy one to answer if we assume that the highest
calling of Senate Republicans is to avoid being targeted by Trump and his base,
politically or perhaps literally,
rather than to do what’s best for the country.
Maybe it isn’t fair to assume. They showed some spine by quietly
rejecting Matt Gaetz, Trump’s first choice for attorney general, didn’t
they? They’ve resisted the idea of adjourning so that Trump can fill his
Cabinet with
unconfirmed recess appointees. And three of the seven Republicans who voted
to convict him at his 2021 impeachment trial—Susan Collins, Lisa Murkowski, and
Bill Cassidy—are still there. Three GOP defections is all the new
administration can afford in confirmation votes.
But.
Trump is at the
height of his political power, returning to office with a near-majority of
the national popular vote to boost him this time. Cassidy is up for reelection
in the next cycle and already faces a
serious primary challenge. And if another terror attack occurs while
Republican senators are dragging their feet on confirming Patel et al., they’ll
be demagogued by Trump and his fans into oblivion for the carnage and they know
it. Americans are dead because the RINOs left the FBI leaderless for too
long.
The more badly Trump and his base want something, the
less likely it is that Senate Republicans will go to war to deny them. Consider
the bipartisan immigration bill that was negotiated last year by conservative
Sen. James Lankford and went down in flames instantly once Trump informed
the conference that passing the bill would be bad for his reelection bid.
Few dared risk being scapegoated by him for having “sold out” on an issue as
critical to populists as border enforcement.
MAGA influencers ran a similar playbook last month
against Sen. Joni Ernst when she said she wasn’t (yet) supporting Hegseth for
the Pentagon job. Ernst seemed to be under the impression that grassroots
loudmouths weren’t particularly invested in his candidacy. The social
media campaign against her proved otherwise, allegedly leading her to whine
to a Trump adviser, “How do I
make this go away?” After a few days of pressure, she crumbled and vowed
publicly to “support
Pete through this process.”
Trump and his base badly want U.S. intelligence
agencies, the heart of the so-called “deep state,” to be controlled by Jacobin
cronies like Patel and Gabbard. They didn’t make much of a fuss about Gaetz
going down because they didn’t expect him to be the pick for attorney general
and probably can’t stomach his sleaziness
much more than the average American can. But now that that scalp has been
taken, there’s even less excuse for Senate “RINOs” to deny them Trump’s other
picks.
The New Year’s attacks have made the case for
confirmation simple: With America under threat, the Senate must approve
Trump’s nominees urgently so that intelligence bureaus are operating at full
capacity. (Never mind that the entire point of nominating these people is
to purge “disloyal” deputies willy-nilly, depriving the agencies of expertise.)
Exploiting national emergencies to gain power is Authoritarianism 101; the fact
that Patel et al. sound a lot angrier about Liz Cheney than about ISIS is
beside the point.
If anything, the New Year’s attacks bolster the “what do
you have to lose?” case for confirming Trump’s picks to Cabinet positions.
We’ll hear a lot this month, I suspect, about how the FBI agent in charge in
New Orleans foolishly
denied that the rampage there was a terror attack initially, another black
mark against a bureau that’s covered in them. In a post titled “Kash
Patel, Now More Than Ever,” radio host Erick Erickson alleged that the feds
overlooked the jihadist menace because they’re obsessed with white-nationalist
terror and need a “disrupter” like Patel to challenge their political
correctness. You might not agree with that logic—racist
white guys going
ballistic are a
major threat—but I wouldn’t underestimate its ability to pressure wary
Republicans like Mitch McConnell and John Curtis into rubber-stamping Trump’s
nominees. Unserious about jihad is not a label any Senate Republican
wants to wear, even those like Mitch who are (almost certainly) in their final
term.
Combine all of the above with the fact that shirking
responsibility for policymaking has become part of Congress’ institutional
culture over the last 30 years, bleeding ever more authority to the executive,
and we should bet on Senate Republicans using the attacks in New Orleans and
Las Vegas as a pretext to defer to Trump on his Cabinet nominees rather than as
grounds to resist him.
Risk for Trump.
In that sense, life got easier for the president-elect
politically this week. In another, it got harder.
Senate Democrats were destined to confront Trump’s
nominees during their confirmation hearings, but the terror attacks will help
them build a comprehensive case along Goldsmith’s lines. These people aren’t
merely unqualified, Chuck Schumer’s party will tell the public, they’re
outright disinterested in the basic work of the departments they’ve been
nominated to lead. Expect lots of questions at the hearings drilling down on
what they would have done differently to try to avert what happened on New
Year’s Day, each aimed at exposing how far out of their depth the candidate is
in basic counterintelligence. That probably won’t keep Senate Republicans from
voting yes, but it’ll make the vote considerably more painful.
Another problem for Trump: Assuming his nominees are
confirmed, what happens when, inevitably, another lunatic goes off on a
terrorist rampage?
Governments always take heat when they fail to prevent an
attack, but this must be the first administration in U.S. history where there’s
not even a pretense of filling the most important jobs with eminently qualified
people. Patel plainly wasn’t chosen to head the FBI because he has cunning
ideas about how to smoke out ISIS “lone wolves” before they strike; he was
chosen because he’s eager to persecute Trump’s enemies in
politics and the
media and isn’t bashful about admitting it.
Lots of people, left and right, will be on
television to remind viewers of that the next time a bunch of Americans die at
a terrorist’s hand, especially if the FBI is short-staffed at the time due to
Patel’s purges. In fact, some of the harshest criticism of him has come from
former colleagues during Trump’s first presidency, in fact. Charles Kupperman,
a deputy national security adviser who worked with Patel, labeled
him “unqualified” and “untrustworthy” and claimed it was an “absolute disgrace
to American citizens to even consider an individual of this nature.” Not to be
outdone, former national security adviser John Bolton compared
Patel to the infamous Soviet secret police chief Lavrentiy Beria.
What does Trump say when someone asks him, with innocents
lying dead in the street, why he insisted upon an FBI chief who worries more about Sarah
Isgur than about ISIS? How does he respond when reporters ask why it was
necessary to let Charlie Kirk administer a loyalty test to his nominees (yes,
really) but not necessary to listen to former aides like Bolton and
Kupperman and find a nominee with more national-security chops?
This is no small thing. Perceptions of unseriousness
about law and order are dangerous for a strongman whose appeal derives from the
belief that he’ll keep the country safe. The more vulnerable Americans feel
during his presidency, the more fragile that appeal might become.
Ironically, in other contexts Trump has seemed to
understand that he owes his reelection not to personal hobby horses like
“retribution” against his enemies but to quality-of-life issues. When he was
asked last month what his keys to victory were, he named an
insecure border and the price of groceries. But his Cabinet nominees
contradict that lesson: The swing voters who decided the race surely care less
about persecuting the “deep state” than they care about being safe.
So why is he giving them an FBI chief, an intelligence
chief, a homeland security chief, and an attorney general who don’t share those
priorities? Why place nationalist security, which matters only to a segment of
his base, over national security, which matters to everyone?
The answer is partly a function of his worldview and
partly a function of his confidence in being able to talk his way out of
anything.
Nationalism is a tribal ideology that seeks supremacy
over other domestic tribes, so it’s necessarily preoccupied with “the
enemies from within,” to borrow a phrase. Its hot rhetoric toward foreign
rivals is usually just a patriotic smokescreen for its true priorities. For all
of Trump’s tough talk about China, for example, he’s barreling toward a
capitulation on TikTok and can’t stop slobbering
over Xi Jinping every time he mentions him. An easy prediction for his
second term is that Beijing will persuade him, probably by brokering some sort
of “deal,” not to intervene when it finally launches
a blockade of Taiwan. It won’t take much to convince an America First-er
that he’s better off with a Sudetenland bargain than with a major-powers war.
In MAGA politics, the most poisonous venom is reserved
for anti-Trump Republicans, then for Democrats and the “deep state,” and only
eventually for foreign adversaries—assuming there’s even a consensus anymore on
the right as to which countries are adversaries and which are allies. Trump
might understand intellectually that swing voters want him to focus on ISIS,
not on hollowing out the FBI, but his nationalist nature
will lead him irresistibly back to the “enemy from within.” Especially now that
he’s term-limited: What does he stand to lose if a future jihadist manages to
shoot up Bourbon Street because the entire FBI counterterrorism division was
reassigned to investigate Adam Schiff?
But if worse comes to worst and he does face a nascent
backlash for not preventing a terror attack, there’s no reason to have any
confidence that the public will ultimately turn against him for appointing
clowns to fill intelligence positions on which life and death depend. The
shining lesson of Election Day is that if he and his propaganda organs could
talk a a majority of American voters into believing that he’s fit for a second
term after a coup plot and an attempted insurrection, they can talk Americans
into believing anything.
When a bomb goes off on his watch, it’ll be a
straightforward matter of finding and flogging a scapegoat—or, better yet, many
scapegoats. He’ll blame the incompetent holdovers in the “deep state” who
missed the warning signs and who haven’t yet been purged by Kash Patel but will
be soon, rest assured. He’ll whatabout prior administrations: Why should his
intelligence bureaus be expected to perform better than the “serious”
establishment professionals who gave us 9/11 and the Iraq war under George W.
Bush?
And he’ll find some way to drag immigrants into it, as he
always does. He did it this week, in fact, screeching
about Biden’s “open borders policy” after the attack in New Orleans—even
though the shooter was born in Texas. If someone grumbles to you about the FBI
being slow to call that incident terrorism, remind them that the guy to whom
the bureau will answer in 17 days was busy lying out-and-out about what
happened to serve his agenda at the same time.
Trump’s only real genius is his ability to shift blame,
at least enough to turn what should be catastrophic, disqualifying failures
into politically manageable ones. He’s a convicted
felon who had three indictments still pending against him when he persuaded
the great and good American people to reelect him: They’re not going to
suddenly sober up because he prefers nationalist security to national security.
So Senate Republicans might as well confirm Patel and the
rest of his nominees. Democrats and irrelevant
Never Trumpers like me will blame them for the resulting disasters of
Trump’s Cabinet, but so what? We also blamed them for not convicting Trump at
his second impeachment trial and it hasn’t hurt the party at all. On the
contrary, just a few hours ago the GOP officially gained majorities in both
houses of Congress. And if the answer to all that is, “Senators should do
what’s best for the country!” then consider the possibility that confirming
Trump’s candidates is what’s best for the country—long-term, at
least.
We deserve populist government, red in tooth and claw. We
voted for it. We’ll learn from it. Let’s have it.