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| Trump’s Claim of Total Authority in Crisis Is Rejected Across Ideological Lines | Trump’s Claim of Total Authority in Crisis Is Rejected Across Ideological Lines |
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| WASHINGTON — President Trump’s claim that he wielded “total” authority in the pandemic crisis prompted rebellion not just from governors. Legal scholars across the ideological spectrum on Tuesday rejected his declaration that ultimately he, not state leaders, will decide when to risk lifting social distancing limits in order to reopen businesses. | WASHINGTON — President Trump’s claim that he wielded “total” authority in the pandemic crisis prompted rebellion not just from governors. Legal scholars across the ideological spectrum on Tuesday rejected his declaration that ultimately he, not state leaders, will decide when to risk lifting social distancing limits in order to reopen businesses. |
| “When somebody’s the president of the United States, the authority is total,” Mr. Trump asserted at a raucous press briefing on Monday evening. “And that’s the way it’s got to be.” | “When somebody’s the president of the United States, the authority is total,” Mr. Trump asserted at a raucous press briefing on Monday evening. “And that’s the way it’s got to be.” |
| But neither the Constitution nor any federal law bestows that power upon Mr. Trump, a range of legal scholars and government officials said. | But neither the Constitution nor any federal law bestows that power upon Mr. Trump, a range of legal scholars and government officials said. |
| “We don’t have a king in this country,” Gov. Andrew M. Cuomo of New York said on Tuesday, adding, “There are laws and facts — even in this wild political environment.” He rebutted Mr. Trump’s claim by citing a line from Alexander Hamilton, observing that presidential encroachment on powers that the Constitution reserved to the states would be “repugnant to every rule of political calculation.” | “We don’t have a king in this country,” Gov. Andrew M. Cuomo of New York said on Tuesday, adding, “There are laws and facts — even in this wild political environment.” He rebutted Mr. Trump’s claim by citing a line from Alexander Hamilton, observing that presidential encroachment on powers that the Constitution reserved to the states would be “repugnant to every rule of political calculation.” |
| Mr. Cuomo is a Democrat, but even some of the most outspoken Republican supporters of a generally sweeping vision of presidential power agreed that Mr. Trump’s claim was empty. | Mr. Cuomo is a Democrat, but even some of the most outspoken Republican supporters of a generally sweeping vision of presidential power agreed that Mr. Trump’s claim was empty. |
| John Yoo, a University of California, Berkeley, law professor known for writing much-disputed Justice Department memos after the Sept. 11 attacks claiming that President George W. Bush, as commander in chief, had the power to override legal limits on torture and surveillance for the war against Al Qaeda, said Mr. Trump could not force states to reopen. | John Yoo, a University of California, Berkeley, law professor known for writing much-disputed Justice Department memos after the Sept. 11 attacks claiming that President George W. Bush, as commander in chief, had the power to override legal limits on torture and surveillance for the war against Al Qaeda, said Mr. Trump could not force states to reopen. |
| “Only the states can impose quarantines, close institutions and businesses, and limit intrastate travel,” Mr. Yoo wrote in The National Review. “Democratic governors Gavin Newsom in California, Andrew Cuomo in New York, and J.B. Pritzker Illinois imposed their states’ lockdowns, and only they will decide when the draconian policies will end.” | “Only the states can impose quarantines, close institutions and businesses, and limit intrastate travel,” Mr. Yoo wrote in The National Review. “Democratic governors Gavin Newsom in California, Andrew Cuomo in New York, and J.B. Pritzker Illinois imposed their states’ lockdowns, and only they will decide when the draconian policies will end.” |
| Vice President Mike Pence — who styled himself as a strong proponent of states’ rights when Barack Obama was president — was a lonely voice backing Mr. Trump. “In the long history of this country,” he said on Monday, “the authority of the president of the United States during national emergencies is unquestionably plenary.” | Vice President Mike Pence — who styled himself as a strong proponent of states’ rights when Barack Obama was president — was a lonely voice backing Mr. Trump. “In the long history of this country,” he said on Monday, “the authority of the president of the United States during national emergencies is unquestionably plenary.” |
| The Constitution bestows specific powers on the federal government while reserving the rest to sovereign state governments. None of the enumerated powers given to the federal government directly address control over public health measures, although the Constitution does let Congress regulate interstate commerce. | The Constitution bestows specific powers on the federal government while reserving the rest to sovereign state governments. None of the enumerated powers given to the federal government directly address control over public health measures, although the Constitution does let Congress regulate interstate commerce. |
| Both a pandemic and social distancing measures that require the closure of businesses, to be sure, affect interstate commerce. But even if the federal government in theory could have more power in this area, it would take an act of Congress to bestow it on the presidency. | Both a pandemic and social distancing measures that require the closure of businesses, to be sure, affect interstate commerce. But even if the federal government in theory could have more power in this area, it would take an act of Congress to bestow it on the presidency. |
| Lawmakers have created some executive powers relevant to the crisis — including enabling an administration to take steps to keep illness from spreading across state lines and to mobilize industry to ramp up production of needed goods in a public health crisis. But they have passed no statute purporting to give the presidency pre-eminence over governors on rescinding public health limits inside states. | Lawmakers have created some executive powers relevant to the crisis — including enabling an administration to take steps to keep illness from spreading across state lines and to mobilize industry to ramp up production of needed goods in a public health crisis. But they have passed no statute purporting to give the presidency pre-eminence over governors on rescinding public health limits inside states. |
| Similarly, while Mr. Trump declared a national emergency over the pandemic, that did not mean he was tapping into some reservoir of limitless constitutional power. Rather, he was activating specific statutes that Congress has enacted creating particular standby powers, none of which include letting a president overturn state-imposed public health safety measures. | Similarly, while Mr. Trump declared a national emergency over the pandemic, that did not mean he was tapping into some reservoir of limitless constitutional power. Rather, he was activating specific statutes that Congress has enacted creating particular standby powers, none of which include letting a president overturn state-imposed public health safety measures. |
| In a 1952 case involving President Harry S. Truman’s seizure of steel mills to avert a strike during the Korean War, the Supreme Court rejected his effort to invoke purported “inherent” constitutional power to resolve the crisis using different tools than Congress had provided. | In a 1952 case involving President Harry S. Truman’s seizure of steel mills to avert a strike during the Korean War, the Supreme Court rejected his effort to invoke purported “inherent” constitutional power to resolve the crisis using different tools than Congress had provided. |
| And even if Congress were to now enact a law giving Mr. Trump that power — which is unlikely, with the House in the hands of Democrats — there would still be legal obstacles. The Supreme Court over the last generation has pushed back when Congress has enacted laws that the court sees as federal commandeering of states’ authority. | And even if Congress were to now enact a law giving Mr. Trump that power — which is unlikely, with the House in the hands of Democrats — there would still be legal obstacles. The Supreme Court over the last generation has pushed back when Congress has enacted laws that the court sees as federal commandeering of states’ authority. |
| “The federal government may neither issue directives requiring the states to address particular problems, nor command the states’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program,” Justice Antonin Scalia wrote in a 1997 Supreme Court ruling. | “The federal government may neither issue directives requiring the states to address particular problems, nor command the states’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program,” Justice Antonin Scalia wrote in a 1997 Supreme Court ruling. |
| On Tuesday, Mr. Trump appeared to seek a face-saving way out, saying he was “authorizing” governors to decide for themselves when to reopen their states. He offered no explanation for the implication that his permission was necessary before they could lift their own orders. | On Tuesday, Mr. Trump appeared to seek a face-saving way out, saying he was “authorizing” governors to decide for themselves when to reopen their states. He offered no explanation for the implication that his permission was necessary before they could lift their own orders. |
| For Mr. Trump, the legal emptiness of his assertion fits with a larger pattern in his handling of the pandemic and more. Where President Theodore Roosevelt liked to invoke an African proverb to describe his approach to wielding executive power — “speak softly and carry a big stick” — Mr. Trump sometimes talks as if he has a big stick but with little to back it up. | For Mr. Trump, the legal emptiness of his assertion fits with a larger pattern in his handling of the pandemic and more. Where President Theodore Roosevelt liked to invoke an African proverb to describe his approach to wielding executive power — “speak softly and carry a big stick” — Mr. Trump sometimes talks as if he has a big stick but with little to back it up. |
| Despite his “extreme, proud rhetoric about how he can do whatever he wants,” said Jack Goldsmith, a Harvard law professor and senior Justice Department official in the George W. Bush administration, the story of the Trump presidency has been, with few exceptions, “talking a big game, but not in fact exercising executive power successfully.” | Despite his “extreme, proud rhetoric about how he can do whatever he wants,” said Jack Goldsmith, a Harvard law professor and senior Justice Department official in the George W. Bush administration, the story of the Trump presidency has been, with few exceptions, “talking a big game, but not in fact exercising executive power successfully.” |
| Mr. Trump has made greater use of a softer power of the presidency: using his pre-eminent position and the attention he commands for public persuasion, which Roosevelt called the bully pulpit. But Mr. Trump used it at first to play down the crisis, rather than issuing a call to action to galvanize the country to more swiftly take steps like ramping up testing capacity and consider imposing social distancing measures. | Mr. Trump has made greater use of a softer power of the presidency: using his pre-eminent position and the attention he commands for public persuasion, which Roosevelt called the bully pulpit. But Mr. Trump used it at first to play down the crisis, rather than issuing a call to action to galvanize the country to more swiftly take steps like ramping up testing capacity and consider imposing social distancing measures. |
| Some legal experts theorized that Mr. Trump could try to use the federal government’s control over disaster relief funds and equipment to punish states whose governors reject a hypothetical future White House declaration that it is time to open up. | Some legal experts theorized that Mr. Trump could try to use the federal government’s control over disaster relief funds and equipment to punish states whose governors reject a hypothetical future White House declaration that it is time to open up. |
| He could, for example, try to allocate more equipment to states whose governors acquiesce to his desires, which would inevitably lead to litigation. Even so, as Mr. Yoo wrote, such punitive measures are politically unlikely to move Democratic governors in hard-hit areas to reopen their economies before public health experts say it is safe. | He could, for example, try to allocate more equipment to states whose governors acquiesce to his desires, which would inevitably lead to litigation. Even so, as Mr. Yoo wrote, such punitive measures are politically unlikely to move Democratic governors in hard-hit areas to reopen their economies before public health experts say it is safe. |
| Mr. Trump demurred when pressed to say who told him he wielded “total” authority, and his administration has put forward no legal theory. | Mr. Trump demurred when pressed to say who told him he wielded “total” authority, and his administration has put forward no legal theory. |
| Some White House officials expressed uncertainty about what the president was relying on. But others pointed to Article II of the Constitution, which creates the presidency and which Mr. Trump has often invoked, and several statutes creating certain public health powers. None of those statutes they cited say a president has total authority to force governors to lift pandemic restrictions. | Some White House officials expressed uncertainty about what the president was relying on. But others pointed to Article II of the Constitution, which creates the presidency and which Mr. Trump has often invoked, and several statutes creating certain public health powers. None of those statutes they cited say a president has total authority to force governors to lift pandemic restrictions. |
| Indeed, numerous legal scholars rejected Mr. Trump’s claim as baseless, including Jonathan Turley, a George Washington University law professor who testified in the president’s favor during the impeachment inquiry. | Indeed, numerous legal scholars rejected Mr. Trump’s claim as baseless, including Jonathan Turley, a George Washington University law professor who testified in the president’s favor during the impeachment inquiry. |
| “The Constitution was written precisely the deny that particular claim,” Mr. Turley wrote on Twitter. | “The Constitution was written precisely the deny that particular claim,” Mr. Turley wrote on Twitter. |
| Complicating the task of parsing the president’s intentions, he often appears to float striking and self-aggrandizing ideas off the cuff, causing consternation before he drops them. | Complicating the task of parsing the president’s intentions, he often appears to float striking and self-aggrandizing ideas off the cuff, causing consternation before he drops them. |
| Updated June 12, 2020 | |
| Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | |
| So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. |
| A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
| The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. | The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. |
| Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. | Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. |
| Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home. | Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home. |
| States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. | States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. |
| Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. |
| If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
| Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. | Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. |
| The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. | The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. |
| If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
| If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. | If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. |
| On March 28, for example, he abruptly suggested that he might impose a federal quarantine on the New York City area before reversing course hours later. | On March 28, for example, he abruptly suggested that he might impose a federal quarantine on the New York City area before reversing course hours later. |
| It was never clear what he was talking about. While Congress has granted the federal government some power to take steps to prevent the transmission of illness into the country or between states, the virus was already everywhere by then, so sealing state borders would not have kept it contained. And a quarantine that would confine large populations to their homes within a state is widely understood to be a state-level decision. | It was never clear what he was talking about. While Congress has granted the federal government some power to take steps to prevent the transmission of illness into the country or between states, the virus was already everywhere by then, so sealing state borders would not have kept it contained. And a quarantine that would confine large populations to their homes within a state is widely understood to be a state-level decision. |
| Yet despite punctuating his performance with claims of his own might, Mr. Trump has repeatedly made less-than-aggressive use of undisputed authorities at his disposal to combat the pandemic. | Yet despite punctuating his performance with claims of his own might, Mr. Trump has repeatedly made less-than-aggressive use of undisputed authorities at his disposal to combat the pandemic. |
| For example, he has repeatedly boasted about shutting down travel from China in February, using the power that Congress granted to the presidency to control the international border in a public health emergency. | For example, he has repeatedly boasted about shutting down travel from China in February, using the power that Congress granted to the presidency to control the international border in a public health emergency. |
| But despite Mr. Trump’s claims that he was the first to take that action, 38 other countries had already put in place such a travel ban. And the American version was limited and porous. | But despite Mr. Trump’s claims that he was the first to take that action, 38 other countries had already put in place such a travel ban. And the American version was limited and porous. |
| And as it became clear in March that hospitals were hindered by shortages of masks and other equipment, Mr. Trump resisted growing calls to make use of another power Congress gave the presidency for use in a national emergency: to coerce factory owners to change what they are manufacturing under the Defense Production Act. | And as it became clear in March that hospitals were hindered by shortages of masks and other equipment, Mr. Trump resisted growing calls to make use of another power Congress gave the presidency for use in a national emergency: to coerce factory owners to change what they are manufacturing under the Defense Production Act. |
| In late March, Mr. Trump finally declared that he was invoking the law — but he had merely delegated to Alex M. Azar II, the secretary of health and human services, the ability to invoke that law in theory. No company had been ordered to do anything. | In late March, Mr. Trump finally declared that he was invoking the law — but he had merely delegated to Alex M. Azar II, the secretary of health and human services, the ability to invoke that law in theory. No company had been ordered to do anything. |
| As criticism over Mr. Trump’s inaction swelled, he signed an order telling Mr. Azar to use the law to push General Motors to make ventilators. But G.M. said it had already decided by then to make ventilators in partnership with Ventec, developed plans to source the necessary parts and started preparing a factory in Kokomo, Ind., for production. | As criticism over Mr. Trump’s inaction swelled, he signed an order telling Mr. Azar to use the law to push General Motors to make ventilators. But G.M. said it had already decided by then to make ventilators in partnership with Ventec, developed plans to source the necessary parts and started preparing a factory in Kokomo, Ind., for production. |
| Mr. Trump has a history of making head-turning claims about his powers in other contexts. During the Russia investigation, for example, his lawyers argued that he could not be guilty of obstruction of justice because his power over the Justice Department was absolute, and Mr. Trump repeatedly claimed he could fire the special counsel, Robert S. Mueller III, if he wanted — even directly. | Mr. Trump has a history of making head-turning claims about his powers in other contexts. During the Russia investigation, for example, his lawyers argued that he could not be guilty of obstruction of justice because his power over the Justice Department was absolute, and Mr. Trump repeatedly claimed he could fire the special counsel, Robert S. Mueller III, if he wanted — even directly. |
| “Article II allows me to do whatever I want,” he said. | “Article II allows me to do whatever I want,” he said. |
| Yet as the eventual report by Mr. Mueller showed, in practice Mr. Trump’s power was weak. He pushed subordinates to oust the special counsel, but they would not go along. | Yet as the eventual report by Mr. Mueller showed, in practice Mr. Trump’s power was weak. He pushed subordinates to oust the special counsel, but they would not go along. |
| Mr. Goldsmith said that Mr. Trump’s approach to the pandemic crisis and more had reflected a general pattern of loud words but incompetently executed action on policies that were more complex than basic tasks like issuing pardons and firing people, bogging down his efforts in court battles and dysfunction rather than clear accomplishment. | Mr. Goldsmith said that Mr. Trump’s approach to the pandemic crisis and more had reflected a general pattern of loud words but incompetently executed action on policies that were more complex than basic tasks like issuing pardons and firing people, bogging down his efforts in court battles and dysfunction rather than clear accomplishment. |
| “Trump wants it to seem like he is this really powerful guy being really aggressive with executive power, but he’s not,” Mr. Goldsmith said. “There has been a huge mismatch between his rhetoric and his actions. He clearly seems to enjoy how people’s heads explode when he says this stuff, even though it’s not matched by reality.” | “Trump wants it to seem like he is this really powerful guy being really aggressive with executive power, but he’s not,” Mr. Goldsmith said. “There has been a huge mismatch between his rhetoric and his actions. He clearly seems to enjoy how people’s heads explode when he says this stuff, even though it’s not matched by reality.” |
| Maggie Haberman contributed reporting from New York. | Maggie Haberman contributed reporting from New York. |