That's by Charlie Savage. Excerpt:
[National Emergencies Act of 1976] does not tightly define the circumstances under which presidents may determine that an emergency exists, leaving them with essentially unfettered discretion to unlock exigent powers for themselves. But previous presidents adhered to norms of self-restraint....
In the wake of Mr. Trump’s first term, House Democrats in 2021 passed a bill that would have tightened limits on presidential use of emergency powers, part of a package of reforms they called the “Protecting Our Democracy Act.” But Republicans opposed the measure as a partisan attack on a president who was no longer in office anyway, rendering it dead on arrival in the Senate....
The nation’s energy situation hardly seems like an emergency.... But the order said Mr. Trump had determined that Biden administration policies had “driven our nation into a national emergency, where a precariously inadequate and intermittent energy supply, and an increasingly unreliable grid, require swift and decisive action.” He also cited a growing need for electricity to run computer servers for artificial intelligence projects....
ADDED: I feel motivated to reprint a blog post of mine from the Obama Era:
February 13, 2014
"When President Obama told Russian President Dmitry Medvedev in March 2012 that 'after my election I have more flexibility'..."
"...most assumed he was referring to foreign policy. It turns out Mr. Obama's ambitions weren't so limited."
IN THE COMMENTS: retail lawyer writes:Question for Ann: How are law schools explaining this new flexibility, promulgation, the Take Care clause, etc.? How do you think they'll be teaching it in the future? Sometimes I wish I still were in law school.And I said:I'd quote Justice Jackson in the Steel Seizure Case:I cannot be brought to believe that this country will suffer if the Court refuses further to aggrandize the presidential office, already so potent and so relatively immune from judicial review, at the expense of Congress."The tools belong to the man who can use them."
But I have no illusion that any decision by this Court can keep power in the hands of Congress if it is not wise and timely in meeting its problems. A crisis that challenges the President equally, or perhaps primarily, challenges Congress. If not good law, there was worldly wisdom in the maxim attributed to Napoleon that "The tools belong to the man who can use them." We may say that power to legislate for emergencies belongs in the hands of Congress, but only Congress itself can prevent power from slipping through its fingers.
It's a great line.
But sometimes you've just got tools lying around, and no one can use them too well, and some men and women try to use them to halfway build something and then they leave it leaking and creaking for some other man to whip into shape with those tools, which he's not too good at using, but he keeps tinkering away, ineptly, and everyone watches and bitches about it, and you've just got some huge hulking crappy thing that's never going to work right, but so much damned effort was put into building the thing that we just go ahead and use it anyway.
59 comments:
NYT: Now please review all the insider games played by Obama after the 2010 election and by Biden throughout his entire term.
One example is how "affirmaively furthering fair housing" was turned into hundreds of pages of rules, laws, research, and $$$$$$$$ spending.
https://en.wikipedia.org/wiki/Affirmatively_Furthering_Fair_Housing
The nation’s energy situation hardly seems like an emergency
Well then!
This is an article, right? Not an opinion piece?
I just checked - it's an "analysis." Some very cogent analysis there. (Personally I am not a fan of the declaring of emergencies in situations that are chronic rather than emergent. I'm just pointing out that "now we see the bias inherent in the system," so to speak.)
Unilateral! Unilateral! Whereas, the recently departed Joe granted WHAT kind of pardons to his family? Oh, yes, unilateral! Unilateral! I can't disrespect the New York Times more deeply.
Hmm... There are similarities between Trump's profile picture in the other story, "Trump's Hint at Deat Making Gives China a Little Breathing Room," and the Althouse profile picture.
So now that its Trump, and not Biden or Obama, issuing executive orders the NYT"s has "Concerns". In terms of his actions, Biden was the most muscular president ever. One unilateral action after another. Hopefully, Trump will be even more so.
To help you identify "opinion" vs. fact in the NYT's here's a guide:
Op Ed column = opinion
Analysis = opinion
Reporting = opinion.
Didn't Biden try to cancel student debt under a law that was aimed affecting financial hardships resulting from the COVID pandemic?
…meets the level worthy of the comment that it fails to meet a level worthy of comment. As was said, even if you’re doing this again we’re not doing this anymore…
It wasn't Trump who drained the US Strategic Petroleum Reserve , was it? Now we have to refill it. We want to get petroleum prices down when we refill it, right? We are four years behind in oil exploration and development. It is an emergency.
The NYT has been telling us Trump is an emergency for almost 10 years.
"Trump Asserts a Muscular Vision" as opposed to "Obama Asserts an Unprecedented Vision" or "Biden Asserts a Senile Vision".
The double-standard is still there, but at least Trump is muscular. The nation is healing.
An idea: Let the NYT pander to its base, and the rest of us ignore them.
Silly Savage.
One difference is Trump's "unilateral" actions come just after an election with majority support and polls showing his actions have large majority of support. For Biden, his unilateral pardons were supported by a minority.
The dogs bark, but the caravan moves on.
But the order said Mr. Trump had determined that Biden administration policies had “driven our nation into a national emergency, where a precariously inadequate and intermittent energy supply, and an increasingly unreliable grid, require swift and decisive action.”
[Yawn] The Times is going to reflexively oppose anything and everything Trump says and does, right down to brushing his teeth at night before going to bed. Tell me, Althouse, what would you do with Madison’s current temperatures if the grid went down?
"Muscular Vision" is a badly mixed metaphor.
Your guide to NYT sections which are "opinion" isn't quite complete:
Sports = opinion
Fashion = opinion
Entertainment = opinion
Its the vision thing. Bush I had wimp vision.
Clinton had beer goggles.
Like Obama, Trump has a muscular pen and cell phone, and he ain’t gonna keep ‘em in his pocket. And yes, lawsuits will follow, and half of his executive orders will be overturned, and we will shamble on.
Cool.
Macular Vision might be better.
"...try to use them to halfway build something and then they leave it leaking and creaking for some other man to whip into shape with those tools, which he's not too good at using, but he keeps tinkering away, ineptly, and everyone watches and bitches about it, and you've just got some huge hulking crappy thing..."
Now, tell us: Is that a more likely outcome under 'Leadership by Committee', or is more likely under a single leader who articulates a vision and objectives?
The Legacy Mainstream (D) Media is going to ride this mule straight into the ground. Hair On Fire! Partisan now, Partisan tomorrow, Partisan forever - or until the collapse. They're so intent, they haven't noticed their slide into bankruptcy - but, some of their owners have.
Charlie savage is going to get the story wrong on purpose
Regarding whether there is a legitimate "emergency" condition in our energy infrastructure, my observation is that it's analogous to whether California had a water infrastructure emergency 1 minute before the wildfires started. Nobody thought so until the conditions came together to demonstrate that it was indeed a major emergency just waiting to happen.
So now let's compare this to the condition of our electrical grid, with its growing goofy assortment of unreliable green energy replacements of reliable sources. What if the current massive polar vortex was extended for another week, for example, with minimal sunshine and no wind? If the grid failed, you could have hundreds or thousands of people die. We could be 1 minute away from that kind of emergency in winter in many states too. Fix our electrical grid, Mr. President.
Trump is right about the unreliable grid. MISO and PMR might have blackouts this summer because they have too much solar and wind in their grids.
The Ross Ulbricht prosecution and two life sentences was the gov'ts attempt to shut down free market, unregulated crypto exchange. Ross was used as an example. People that were selling drugs on the Silk Road got much lesser sentences. The pardon was the right thing to do. Plus, Trump may have just pulled The Libertarian Party into the MAGA movement.
That's what I came here to say. "Muscular executive role" or just "Muscular role" would've been better. That's what happens when your editors are woke instead of wise.
Headlines = strong opinions unsupported by text of article
The Sisters of Mercy, Vision Thing
It's a small world and it smells funny
I'd buy another if it wasn't for the money
Take back what I paid
For another motherfucker in a motorcade
In a long black car
With the prettiest shit
From Panama
When the sirens wail
And the lights flash blue
My vision thing come
Slamming through
It's a small world and it smells bad
I'd buy another if I had
Back
What I paid
https://songmeanings.com/songs/view/3458764513820553257/
Don't get me wrong, energy infrastructure is a mess and, I believe, correcting its problems ought to be a priority - and it's literally a matter of life and death during freezing weather. And the SPR needs to be refilled. I would just prefer (for what that's worth, which is nothing, frankly) that this priority be handled legislatively rather than through a declaration of emergency.
My preferences are sometimes pipe dreams. I know this.
But the order said Mr. Trump had determined that Biden administration policies had “driven our nation into a national emergency..."
If you listen carefully, you can hear there are ticking time bombs left behind all over the place by Biden.
Maybe the NYT Editor who wrote the headline had their Village People playlist on repeat, and heard "Macho Man" one time too many.
The headline that grabbed my attention was the one about Trump pardoning the founder of the Silk Road Marketplace. If the press had any sense they would be asking Trump about that, not the J6 pardons.
As an aside, Ulbricht named the dark web marketplace the Silk Road because he apparently associated that with free markets. The real silk road was anything but. A good portion was in the Carpathian Empire and they didn't allow anyone to carry goods through their borders. You sold your goods to them and they carried them to the Roman Empire where they sold them at a good profit. And vice versa.
Joe Biden simply decided by executive order to flood the country with migrants, totally unvetted; the flow of them unfettered in any way. I just got let go by my doctor, because she had too many patients. In the waiting room English is rarely spoken, and honestly, not even that much Spanish. Now I have to wait eight weeks to see a new PCP. But hey! That's Democrat muscular presidential power, so it doesn't count!
""What you [Ulbricht] did was unprecedented," now-former U.S. District Judge Katherine Forrest said in sentencing Ulbricht. "And in breaking that ground as the first person, you sit here as the defendant having to pay the consequences for that."
They would have built wooden gallows and hung Ulbricht in Times Square if they could have. Seems obvious this "independent" judge was following orders. Forrest resigned her seat on the bench in 2018 after only seven years.
I'll bet she is relieved with the pardon. If she is human, something this unjust had to keep her awake at night.
So that explains it.
Right now, we have a seasonal cold snap, we used to call them 'Blue Northers', now they're called 'Polar Vortexes'. 16°F this morning, but it will warm up quickly. Every time we get one of these, the press release comes out warning of the grid being near or at capacity. That means, susceptible to Single Point Failures. Is it an emergency? We're operating without reserves, according to the power suppliers - and that's without a weather emergency. North Carolina is still digging out from their hurricane damage, and LA has its fires, still not controlled after - what? - 3 weeks?
The modern manufacturing 'Just In Time' philosophy has permeated our infrastructure culture. The philosophy that was originally intended to identify weak spots in the manufacturing chain, but is now routinely used ostensibly to 'trim fat'. But fat, biologically, is necessary and without it, the body risks serious consequences when there's a health issue, or a food supply issue. A prudent organization understands the need to maintain a reserve. If Trump isn't allowed to declare an emergency, then why are the energy companies declaring one when it gets cold? Either call it out as ass-covering, or make a good faith effort.
Perhaps Ulbricht deserved jail time for profiting off drug trade. But two life sentences, plus forty years, with no possibility of parole was cruel and unusual punishment. Especially compared to what others convicted of white collar crimes get.
It seems logical for an Executive chart the path and lead through use of emergency powers and for Congress to ratify or not ratify those choices through legislation. Relying on the opposite sequence to happen is fraught.
All muscular visions eventually fall prey to muscular degeneration.
You might also be concerned about the 'flurry of executive actions.' What's it like to be at the Times offices or at a literary cocktail party where some the writers are fastidious stylists, and the rest turn out the cliched boilerplate for the daily paper? What's it like where half the staff think "flurry of executive actions" is clever and original and the other half know it's a cliché?
Martin Luther King's vision for America finally gets a chance:
1) Merit. People are their content (ability) and character, not their skin-color (DEI and BLM hustling).
2) Freedom. Free speech, and curtailed government censorship, mandated DEI indoctrination, and disenfranchisement of institutional virtue-signaling.
3) Working Class American citizens will no longer be undermined by "open borders" federal policies, and non-resident illegal migrants will be subject to full force of immigration and criminal law enforcement, including prompt deportation and denial of governmental social-welfare services.
I agree, but the nefariousness of pardoning a "drug dealer" is a lot easier sell than the J6 pardons. If people cared about J6 Trump would be in jail right now, not in the Oval Office. The press wouldn't even have to work that hard. I remember watching a documentary/propaganda about the Silk Road on Netflix. That could be repurposed. The legacy media isn't even very good at demonizing Trump because they cannot understand the people who support him.
Earnest Prole: “we will shamble on.”
That should have been Biden’s walk-on music!
Shamble on!
No’w’s the time, the time is now.
Sing my song!
Goin round the world gonna sniff some girls,
On my way!
I been this way, fifty years to the day.
Shamble on!
Gonna find my queen, ah, you know the thing….
JSM
More and more people have been judging their character, and more and more people are discovering its full of shit.
A lot of contradiction in one inaugural speech.
American society and its economy live to grow. No expansion of trade, no growth. You're breaking the deal! The 5X expansion of global trade since 1945 has been the backbone of both American growth and prosperity (the elusive thing that we have never really lost but is being chased after to "make American great again"). A move away from trade to autarky begs the question -- why? Autarky is a tool for dominance, not the multi-lateral prosperity of a great maritime trading nation. Not only is Trump a foolish bully, he doesn't even know the country he lives in (actually he never really has lived in the country in which the rest of us have lived and grown up).
The single biggest driver of migration -- the global socio-economic challenge of our time -- is climate change. One powerful mitigating factor to migratory pressure is more economic growth in people's indigenous homelands. Trade promotes and encourages population stability by spreading out and sharing out prosperity. So Trump can build a border wall and like King Canute order the tide not come in, but can he really insulate the US from the consequences of the coming global flood?
Trump is heedless of consequence, intended and otherwise. The debt and deficit levels seem not to have meaning to him and institutionally never seem to matter much to the Republican party when tax cuts and other wealth concentrating measures are available to be had for the asking. Smash and grab! Reality show politics.
Consequences? Most likely Trump is going to walk into a deficit doom loop cycle where he's borrowing to meet higher interest expense payments and crowding out everything else -- displeasing everyone else. Approval ratings will collapse.
It will be the fall of 2008 all over again. Will Treasury secretary Scott Bessent be the next Hank Paulson?
Every single article that I have seen has referenced "Trump's flurry of executive orders." This seems a bit of an understatement to me. Snow flurries are a rather minor thing. The last couple of days were a BLIZZARD, not a flurry! The kind of blizzard that buries a region in snow, rather than having some flakes fluttering around in a flurry.
Energy's status as an emergency starts from the absence of the baseline we need when our renewables inevitably conk out. Also, expect supply issues when Russia and Iran's oil distribution chains are disrupted. This could get ugly.
Fun stuff Ramble On If Made in the 1950's
Our grid is fragile, our supply (thanks GND) is intermittent and insufficient for a manufacturing base, our supply of materials for this (failure) of a GND plan is beholding to China, Our strategic (look that word up kids) has been drained. Our vast stores of natural gas are NOT being liquefied and exported which could be helping our economy AND our allies. AI looks to be a spark for unimaginable wealth and prosperity but requires YUGE electrical supplies.
And more.
Hell yes it's an emergency.
our nation's energy situation sure DOES seem like an emergency!
The previous admin was going to ban ALL cars and trucks in the next 4 years.
Their energy "policy" was LITERALLY just tilting at windmills.
DRILL BABY DRILL!
WINTER IS COMING! our only chance to delay the resumption on this ice age is Man Made Global Warming! CO2 is a comfy blanket to keep us alive.
SOON, it will be SNOWING in FLORIDA!!!
If you really want to sink oil prices, remove the sanctions on Russia as soon as they agree to a conclusion of hostilities.
All of the sanctions were actually meant to hurt the American people with higher prices. Beat us down and then give us lollipops for being good.
Good stuff, Mosby!
Screw the NYT and screw Edgar budde.
Are they complaining or admiring? They are quite unsure what to say right now, other than "be afraid".
What about the preemptive pardons? I realize it wasn’t Trump that granted those but still.
Do you mean the Parthian Empire? I never heard of the Carpathian Empire.
The Strategic Petroleum Reserve was designed with a capacity of just over 700 million barrels - about a month's national supply. It probably isn't that anymore, because of its draining and low levels now. But I could imagine cutting a Ukrainian Peace Deal and making a deal with Russia for a good price to refill it with Western Siberia light crude. Winning !
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