In firing Navy Secretary Richard Spencer, Trump recklessly crosses another line
President Trump’s attempt to manipulate military justice had a sorry outcome Sunday with the firing of Navy Secretary Richard V. Spencer. For the past nine months, Spencer had tried to dissuade Trump from dictating special treatment for Navy SEAL Edward Gallagher — but in the end Spencer was sacked for his efforts to protect his service.
With Spencer’s firing, Trump has recklessly crossed a line he had generally observed before, which had exempted the military from his belligerent, government-by-tweet interference. But the Gallagher case illustrates how an irascible, vengeful commander in chief is ready to override traditional limits to aid political allies in foreign policy, law enforcement and now military matters.
Spencer was fired by Defense Secretary Mark T. Esper late Sunday, supposedly because Esper was “deeply troubled” that Spencer had tried to work out a private deal with the White House that would avoid a direct presidential order scuttling a scheduled SEAL peer-review process. That panel was set to determine whether Gallagher would keep his coveted Trident pin, marking him as a SEAL, after he was convicted in July for posing in a trophy photo with the corpse of a Islamic State captive.
Spencer had tried to find a compromise, sources tell me, after Trump tweeted Thursday, “The Navy will NOT be taking away Warfighter and Navy Seal Eddie Gallagher’s Trident Pin.” Spencer feared that a direct order from Trump to protect Gallagher, who is represented by two former partners of Trump’s personal attorney Rudolph W. Giuliani, would be seen as subverting military justice.
After that Trump tweet, Spencer cautioned acting White House Chief of Staff Mick Mulvaney that he would not overturn the planned SEAL peer review of Gallagher without a direct presidential order; he privately told associates that if such an order came, he might resign rather than carry it out. Gen. Mark A. Milley, the chairman of the Joint Chiefs of Staff, spoke with the White House late Thursday to try to avert this collision.
Milley’s de-escalation efforts initially appeared to be successful. A Pentagon official messaged me Friday morning: “Missiles back in their silos … for the time being.” But the truce was short-lived. By Saturday, the White House was demanding to know whether Spencer had threatened to resign; the Navy secretary issued a statement denying that he had made any such public threat and continued to seek a deal that would protect the Navy from a direct showdown with Trump.
“It was a hold-your-nose solution,” said a source close to Spencer about his effort to broker an arrangement that would allow Gallagher to retire at the end of November with his former rank, an honorable discharge and his Trident pin, as Trump wanted, but without direct presidential interference in the SEAL review process. As so often happens with attempts to work with Trump’s erratic demands, this one ended in disaster.
“The president wants you to go,” Esper told Spencer on Sunday, according to this source. Esper then toed the White House line and announced Spencer’s dismissal.
For Pentagon officials who have wondered whether Esper would have the backbone to resist Trump, Sunday’s events were troubling. The Pentagon, like the State Department under Mike Pompeo, is now overseen by an official whose overriding priority seems to be accommodating an impetuous boss in the White House. [Continue reading…]
Outgoing Secretary of the Navy Spencer’s acknowledgment-of-termination letter says that he “cannot in good conscience” obey an order he believes “violates the sacred oath“ he took & that he and POTUS disagree on the “key principle of good order and discipline” pic.twitter.com/EZ8YPM7M0L
— Jake Tapper (@jaketapper) November 24, 2019