Donald Trump’s most contentious cabinet appointee (so far), Betsy DeVos, is now the Secretary of Education. Her nomination cleared the Senate Tuesday afternoon after all 48 Democrats voted unanimously against her (along with 2 Republicans), resulting in a 50-50 tie that Vice President Mike Pence had to break in her favor. Read more from our own Alice Lloyd about the role liberal interest groups, particularly teachers’ unions, played in marshaling all those Democrats and the two Republicans (Lisa Murkowski and Susan Collins) against DeVos.
It was the first time a vice president, as president of the Senate, has ever had to break a tie over a cabinet nomination, and the first such tie-breaker since the George W. Bush administration. But the Trump White House is saying they’re confident they won’t need to rely on Pence to get through the rest of their nominees. Look out for Jeff Sessions for Justice, Tom Price for Health and Human Services, and Steve Mnuchin for the Treasury later this week.
Besides West Virginia Democrat Joe Manchin’s announced support for Sessions, no other Democrats have said they’ll be voting on any of those three nominees, and the Trump administration feels sure there won’t be GOP defections on them.
Slowing Down the Executive Order Process
Following the bumpy rollout of a few executive actions, a change is coming to the White House’s internal approach to vetting and approving President Trump’s future orders. In an adjustment led by chief of staff Reince Priebus and White House counsel Don McGahn, the process is slowing down a bit, allowing senior and mid-level staff more opportunity to understand and prepare for executive orders. “More streamlined and more efficient,” is how one White House source explained the change.
A more precise description might be that it allows more people in the West Wing to see and have input on executive orders that have so far been run chiefly through the offices of senior counselor Stephen Bannon and senior advisor Stephen Miller. Bannon and Miller, the most ideologically aligned with Trump of the White House’s senior aides, remain the center of power on crafting policy. But their fumbling of the travel restriction executive order has given Priebus the opportunity to open the process up. That’s something several offices in the White House, including the counsel and the legislative affairs offices, have been angling for.
For most administrations, the regular process includes the extensive review of executive orders, by the White House counsel and others, before they are signed and presented to the public. The change, then, is more of a reversion to the norm than a major shift. It’s a reflection of how a young administration is still figuring out how to make the White House work for itself and Trump’s agenda—and how to avoid unforced errors.
Trump’s Travel Ban Remains in Legal Limbo
Speaking of the travel restriction, the Ninth Circuit Court of Appeals heard oral arguments from lawyers for both the state of Washington and the Trump Justice Department Tuesday. The three-judge panel is considering whether to lift or continue a nationwide restraining order on the executive order, which a federal judge in Seattle issued on Friday and which the Trump administration is appealing. Expect a ruling from the appeals court later this week.
A More Subdued Spicer
On Tuesday, minutes after his first press briefing of the week, White House press secretary Sean Spicer was spotted removing his sharp purple tie and unbuttoning his collar. In the moment, he looked both relieved and incredibly stressed.
This was the first time he faced the press since he and his briefings were skewered on Saturday Night Live by comedian Melissa McCarthy. The briefing room was buzzing about the sketch as we waited for the press conference to begin. But nobody asked Spicer about his portrayal until he was leaving the room—almost as if the media were embarrassed to bring it up until it was too late.
In the briefing, Spicer seemed determined to counterbalance McCarthy’s over-the-top impression, coming across as more subdued than normal—but he was nonetheless tense. It’s a tough job for anyone, but especially when you’re the target for late-night comedy. And if you believe the press, Trump (who watches SNL) was not pleased with the portrayal of his press secretary. Did Spicer feel the heat from the boss? A CNN report suggests his dual role as press secretary and communications director is in danger, although a White House source told me late last week the task of finding a communications director was far down the list of priorities.
Maybe that’s still the case. Or maybe things have changed since SNL.
Song of the Day
“You Never Know,” Wilco
