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During the campaign, Donald Trump downplayed controversy, which to others appeared outrageous or worse, and referred to this approach as "the weave." Now it appears that this wink and nod technique will be applied to governance. In an interview on "Meet the Press," Trump told Kristin Welker that though he would not actively seek to exact punishment on his enemies, he had no objections about his appointees pursuing them. He particularly cited his candidate as FBI Chief, Kash Patel, and his desire to target the "deep state."
This is a not-so-camouflaged desire to do what Trump promised during the campaign. He desires that his paladins take the initiative and work toward his goals. It is the same approach used by Richard Nixon -- let your underlings do the heavy lifting. But Trump has one advantage Nixon did not. The Supreme Court gave him the green light. Indeed, they endorsed in principle what Nixon expressed to David Frost in 1977 concerning wiretapping, "Well, when the President does it, that means it is not illegal." As the Supreme Court stated, a president is immune from criminal prosecution for his actions consistent with his "conclusive and preclusive constitutional authority."
No doubt Chief Justice John Roberts and his crew certainly did not mean that Trump should take it to the limit. Or did they? What Trump suggested is that all members of the Executive branch were protected. No longer would they be regarded as "zealous." as Nixon described some of his appointees' actions. Without actually issuing a written order, Trump could signal actions that Patel might pursue.
This could be particularly dicey if Trump declared either an emergency or perceived a "clear and present danger." Abraham Lincoln suspended Habeas Corpus, allowing for a procedure known in authoritarian regimes as "protective custody." Certainly, liberals have also embraced the Espionage Act of 1918, which allowed Woodrow Wilson to imprison Eugene Deb because he opposed entry into World War I. Some Trump appointees such as Tulsi Gabbard, were subject to Wilsonian sedition acts. Barack Obama liked these statutes, although the application was narrower than what Trump envisions.
After all, Trump did promise retribution against his opponents. He cites the Jan. 6, 2021 actions as justifying prosecutions against the Congressional Committee investigating that event. Also, he hints that even Dr. Anthony Fauci could be punished for decisions no one has deemed criminal. Given his interview with Welker, when Trump suggested that he would leave prosecutions to the help, would Robert F. Kennedy, his pick for Health and Human Services, pursue Fauci?
Threats are not a good way to start an administration and his suggestive comments hinting at revenge encourage his critics to strengthen their defenses. Moreover, his boasting of a landslide can lead him to delusions about his power. The "landslide" looks not quite as impressive as it did on Nov. 6, with the GOP now holding a slim three-vote majority in the House of Representatives.
The tension could be lowered by keeping the rhetoric cool.