Categories: Daniel Serwer

Tillerson should undo his undoer

President Trump in two tweets this morning yanked the rug out from under Secretary of State Tillerson’s efforts to negotiate with the North Koreans:

Anyone who doubts the power of social media should consider this example. Never before has a Secretary of State been undone so quickly and with fewer words.

Some will say Tillerson was trying to do the right thing and should stay, to act as a bulwark with Secretary of Defense Mattis and National Security Adviser McMaster against the worst instincts of the president.

But the bulwark just collapsed. No foreign leader would now have any confidence in what Tillerson says. Kim Jung-un already had good reasons for skepticism, since the President, claiming to be “locked and loaded,” had threatened “fire and fury.” Now Kim has confirmation from Trump himself that talks would be useless and that North Korea should move as quickly as possible to gain the nuclear capability that will prevent an American attack. Pyongyang’s options for survival have been reduced to threatening nuclear war.

The only real reason for Tillerson to stay at this point is to join an effort by the Vice President to trigger Amendment 25 (section 4) of the constitution:

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

The President gets to appeal, but the process is time-limited and does not require impeachment in the House or a trial in the Senate:

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

There is, to my knowledge, no such vice-presidential effort to trigger the “inability” clause of the constitution, which would be risky at best and suicidal at worst. But if the Republicans continue to back a harebrained president, we will soon find ourselves in a war with North Korea that could escalate to a nuclear exchange. We’ll “win,” but only with horrendous consequences for South Korea, Japan, and US troops in the Asia Pacific.

The time to stop this president “unable to discharge the powers and duties of his office” is now. Some will argue that Pence could be worse, as he is far more conservative in the conventional sense than Trump. But Pence has respect for American institutions and values that Trump lacks. He would do things I wouldn’t like, including undermining Obamacare and pursuing a “fatten the rich” tax cut. But he would be far more judicious about North Korea, Iran, and America’s other big challenges. Tillerson can still prove his worth by undoing his undoer.

Daniel Serwer

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Daniel Serwer

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