Trump Claims Power to Bypass Limits Set by Congress in Defense Bill
When President Trump signed a $716 billion military spending bill on Monday, he claimed the authority to override dozens of provisions that he deemed improper constraints on his executive powers.
In a signing statement that the White House quietly issued after 9 p.m. on Monday — about six hours after Mr. Trump signed the bill in a televised ceremony at Fort Drum in New York — Mr. Trump deemed about 50 of its statutes to be unconstitutional intrusions on his presidential powers, meaning that the executive branch need not enforce or obey them as written.
Among them was a ban on spending military funds on “any activity that recognizes the sovereignty of the Russian Federation over Crimea,” the Ukrainian region annexed by Moscow in 2014 in an incursion considered illegal by the United States. He said he would treat the provision and similar ones as “consistent with the president’s exclusive constitutional authorities as commander in chief and as the sole representative of the nation in foreign affairs.”
The statement was the latest example of Mr. Trump’s emerging broad vision of executive power. His personal lawyers, for example, have claimed that his constitutional authority to supervise the Justice Department means that he can lawfully impede the investigation into Russia’s interference in the 2016 election no matter his motive, despite obstruction-of-justice statutes.
Signing statements, which are generally ghostwritten for presidents by Justice Department and White House lawyers, are official documents in which a president lays out his interpretation of new laws and instructs the executive branch to view them the same way.
Once obscure, the practice became controversial under President George W. Bush, who challenged more provisions of new laws than all previous presidents combined — most famously a 2005 ban on torture championed by Senator John McCain, Republican of Arizona. (Democrats are pressing for access to any White House papers of Mr. Trump’s Supreme Court nominee, Brett M. Kavanaugh, related to that statement.)
Mr. McCain is now fighting brain cancer, and Congress named the new military law in his honor. But Mr. Trump pointedly did not mention his name when signing the bill, the latest slight in the long-running acrimony between the two men. Mr. Trump’s signing statement also quoted only part of the bill’s title, evading any acknowledgment of the senator.
Last month, Mr. McCain issued a statement calling Mr. Trump’s Helsinki summit meeting with President Vladimir V. Putin of Russia “one of the most disgraceful performances by an American president in memory.”
The American Bar Association in 2006 took the position that presidents should not use signing statements, but should instead veto legislation if it has constitutional defects so that Congress has an opportunity to override that veto if lawmakers disagree. But presidents of both parties, including Barack Obama, have continued to use them, with current and former executive branch lawyers arguing that the focus should be on the credibility of the legal theories that presidents invoke when they make their objections.
Mr. Trump’s new statement relied upon a mix of theories, some of which had greater support in Supreme Court precedent than others. For example, in 2015, the court upheld presidents’ constitutional authority to disregard a statute requiring American passports to say that Jerusalem is part of Israel, which could support Mr. Trump’s claim that he could recognize Crimea as part of Russia if he wanted.
But many of Mr. Trump’s challenges invoked his purported powers as commander in chief, a type of objection that the Bush administration frequently made but that the Obama administration generally shied away from.
For example, Mr. Trump also declared that he could bypass a provision in the bill that extended restrictions on certain bilateral military-to-military cooperation between the United States and Russia.
He also challenged a provision requiring the Pentagon to create a senior civilian position charged with coming up with uniform standards for counting — and reducing — civilian bystander deaths as a result of American military operations, and a provision that would halt certain in-flight refueling of Saudi and Emirati aircraft over Yemen unless those countries took more steps to bring an end to the civil war there and to reduce civilian suffering and collateral damage from their airstrikes.
And the president said he could disregard a restriction against reducing the number of active-duty troops stationed in South Korea below 22,000, unless Secretary of Defense Jim Mattis were to certify that doing so would be in the national-security interest of the United States and would not undermine the security of regional allies like South Korea and Japan.
In May, Mr. Trump had ordered the Pentagon to prepare options for drawing down troop levels in South Korea ahead of his Singapore summit meeting with North Korea’s dictator, Kim Jong-un. But later in June, Mr. Mattis said that current troop levels of about 28,500 would remain in place.
