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Burrowing

If you still think that maybe Trump is not a serious danger or that he’s just doing what anyone would do in his position and anyway he’s not as bad as George W. Bush, check this out:

Perhaps as consequential as President Trump firing Defense Secretary Mark Esper via tweet on Monday, which has been widely expected for months, was the hiring of Michael Ellis to be the National Security Agency’s general counsel.

As one of the most controversial staffers in the White House over the past four years, Ellis has shown himself to be as much a staunch Trump loyalist as anyone else in the administration. But his new job means that he will no longer be a political appointee. Instead, as a civilian member of the senior executive service, he gets protections that will make it quite difficult for President-elect Joe Biden to fire him.

Burrowing down into what Trump derides as “the deep state” will give Ellis, a former Republican campaign operative, a powerful platform from which he could seek to complicate or undermine the incoming Democratic administration’s agenda. This is a preview of the sort of behavior from Trump that many on Biden’s transition team expect, and fear, during the lame-duck president’s final 71 days in power, even as he refuses to concede defeat.

Ellis worked for Rep. Devin Nunes (R-Calif.) before joining the National Security Council when Trump took office. In March 2017, Ellis was reportedly one of the people involved in giving Nunes access to classified files related to the investigation into Russian interference in the 2016 campaign. Nunes reviewed the records at the White House in the middle of the night. The notorious episode came to be known as “the midnight run.” 

In July 2019, Ellis was allegedly the first person who proposed moving the transcript of Trump’s call with Ukraine’s president to a special server where fewer people would be able to see that the president had pushed his counterpart in Kyiv to announce an investigation into Biden and his son Hunter when the topic of Javelin antitank missiles came up.

Then-Army Lt. Col. Alexander Vindman testified under oath before Congress that Ellis was behind moving the transcript. But Ellis defied a subpoena to answer questions about his role in the donnybrook and what knowledge he might have had of the freeze on vital military assistance that Congress had approved for Ukraine. Ellis is named in the second article of impeachment that passed the House as a party to Trump’s obstruction of Congress.

After the GOP-controlled Senate voted not to convict the president, Trump ordered the removal of Vindman from the White House and promoted Ellis to be senior director for intelligence on the NSC.

Being general counsel for the NSA is one of the most immensely complicated and critical legal jobs in all of government, but it is somewhat insulated from politics. Ellis will report to the deputy general counsel for intelligence at the Defense Department, a civilian job. That person reports to the DOD general counsel, who is a political appointee. Once Biden’s eventual nominee for that job is confirmed by the Senate, he or she could choose to reassign Ellis to a different civil service position inside the military’s legal architecture. 

“The appointment was made under pressure from the White House,” Ellen Nakashima reports. “NSA Director Paul Nakasone was not in favor of Ellis’s selection, according to three people familiar with the matter. However, the selection was not up to him, they said. … Ellis was selected over two other finalists: acting NSA general counsel Teisha Anthony and Bradley Brooker, acting general counsel at the Office of the Director of National Intelligence. Both are career civil servants.” The Pentagon and White House did not respond to a request for a comment.

Ironically, this is happening as Trump moves aggressively to roll back civil service protections for members of the bureaucracy. But it’s not surprising. Trump trying to burrow people inside the government shows just how much this president sees personnel as policy.

This is dangerous. He is putting loyalists in place everywhere.

What do you think that means?

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