Yesterday, February 10th, I received a response from Pennsylvania Republican Senator Pat Toomey to my concerns about the inclusion of steve goebbels-bannon on the Principals Committee (PC) of the National Security Council (NSC). I also had expressed concerns about the Chairman of The Joint Cheifs of Staff (CJCS) and the Director of National Intelligence (DNI) being removed from the PC. The following is the main body of Senator Toomey's reply to me (and I believe to thousands if not tens of thousands of others that wrote to him regarding this concern).
As you know, [p]resident trump has appointed [s]teven [b]annon, currently his Chief Strategist, to the NSC Principals Committee (PC). This Committee is a subordinate group of members organized within the NSC framework. However, while [b]annon is not a statutory member of the NSC, he is still invited to join in the full NSC meetings. This appointment is not confirmed by the Senate, as the President has broad authority to organize and appoint his personal staff.
In addition to this appointment, [p]resident [t]rump reauthorized the NSC with several small changes in a recently issued Memorandum. This memo declares that the Director of National Intelligence (DNI) and the Chairman of the Joint Chiefs of Staff (CJCS) are statutory advisors to the NSC. There has been no change or downgrade in their role. Aside from the addition of Chief Strategist to the NSC Principals Committee, the memo had no practical changes and was very similar to the language used by both Presidents Obama and Bush.
Well, I guess Toomey doesn't think that I and many others can read. With a trumpian voice leaning into the microphone ....... WRONG! I am not only able to read, but I'm also capable of connecting the dots, of following documents to their logical conclusion. With that in mind, let's take a look at this memorandum signed by trump which re-organizes the NSC (which is standard operating procedure for each President). I am not re-printing the entire document, but for anyone that wants to read it, it can be found at:
Also, a little document housekeeping here. I may very well be wrong and if so I apologize, but it seems to me that each new heading in a document should be denoted by the next letter in the alphabet, not the same letter over and over againThe White House
Office of the Press Secretary
For Immediate Release
January 28, 2017
Presidential Memorandum Organization of the National Security Council and the Homeland Security Council
January 28, 2017
Organization of the National Security Council and the Homeland Security Council
- The National Security Council, the Homeland Security Council, and Supporting Staff
The Director of National Intelligence and the Chairman of the Joint Chiefs of Staff, as statutory advisers to the NSC, shall also attend NSC meetings.
[..........] the Assistant to the President and Chief Strategist.......[is] invited as [an] attendee[] to any NSC meeting.
- The Principals Committe
The PC shall have as its regular attendees the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Assistant to the President and Chief of Staff, the Assistant to the President and Chief Strategist, the National Security Advisor, and the Homeland Security Advisor. The Director of National Intelligence and the Chairman of the Joint Chiefs of Staff shall attend where issues pertaining to their responsibilities and expertise are to be discussed. The Counsel to the President, the Deputy Counsel to the President for National Security Affairs, and the Director of the Office of Management and Budget may attend all PC meetings.
- The Deputies Committee
The Deputies Committee (DC) shall continue to serve as the senior sub-Cabinet interagency forum.........
The DC shall have as its regular members the Deputy Secretary of State, the Deputy Secretary of the Treasury, the Deputy Secretary of Defense, the Deputy Attorney General, the Deputy Secretary of Homeland Security, the Deputy Director of the Office of Management and Budget, the Deputy Director of National Intelligence, the Vice Chairman of the Joint Chiefs of Staff, the Deputy Assistant to the President and National Security Advisor to the Vice President, the Deputy National Security Advisor, the Deputy Homeland Security Advisor, and the Administrator of the United States Agency for International Development.
- Policy Coordination Committees
- General
- Policy Coordination Committees
- General
So, let's pick Toomey's letter apart, using the memorandum.
Toomey:
"This Committee is a subordinate group of members organized within the NSC "
While the term "subordinate" may be the proper 'legal' term to use in reference to what the PC is to the NSC, its normal use would suggest that the PC is under the control of the NSC. I believe it is quite the opposite. I believe that the PC is the group that calls the shots. The PC is a "Cabinet-level senior interagency forum" per the memorandum. If it were of lesser value than the NSC, of lesser power, then the CJCS and the DNI would of course be on the PC. The only reason these two positions remain as required regular members of the NSC is that they are required by law.
"[......] while Bannon is not a statutory member of the NSC, he is still invited to join in the full NSC meetings. This appointment is not confirmed by the Senate, as the President has broad authority to organize and appoint his personal staff.
Me:
Yes, I've got that. Yes, I am aware that he is not a "statutory" member (a member required by the law that established the NSC). Yes I understand that the 'President' has the authority to invite members of his staff with the correct security clearance as he or she pleases. I would note that you, Senator Toomey pointed out that goebbels-bannon has been "......invited to join in the full NSC meetings. What I have been talking about is the PC! And, I'm clear that trump has the authority to 'invite' goebbels-bannon to the PC as well. That doesn't make it right, moral or prudent. gobbels-bannon is a political operative. Remember that as such, he has no moral place on the NSC or the PC.
Remember that President G.W. Bush's last Chief of Staff Josh Bolten, barred Karl Rove, Mr. Bush’s political adviser, from NSC. meetings. Josh Bolten told a conference in September of 2016 that a President's decisions, which are informed by the NSC, “involve life and death for the people in uniform [and should] not be tainted by any political decisions.”
Remember that President G.W. Bush's last Chief of Staff Josh Bolten, barred Karl Rove, Mr. Bush’s political adviser, from NSC. meetings. Josh Bolten told a conference in September of 2016 that a President's decisions, which are informed by the NSC, “involve life and death for the people in uniform [and should] not be tainted by any political decisions.”
Toomey:
"[The] memo declares that the Director of National Intelligence (DNI) and the Chairman of the Joint Chiefs of Staff (CJCS) are statutory advisors to the NSC. There has been no change or downgrade in their role."
Me:
While the Responsibilities of the NDI with reference to the NSC are clear in the amended National Security Act of 1947, those of the CJCS are buried very deeply in titles 10 and 32 of the United States Code. For the purposes of this reply to Senator Toomey, I will make the assumption that the responsibilities of the CJCS are similar if not exactly as those of the DNI , as defined in the amended National Security Act of 1947:
Section 102 (b) Principal Responsibility - Subject to the authority. direction and control of the President, the Director of National Intelligence shall - (2) act as the principal adviser to the President, to the National Security Council, and the Homeland Security Council for intelligence matters related to the national security
Sounds to me like the role of both of these positions is vital to our country's security. Unfortunately, a reading of the above could indicate that the 'President' has the authority to direct and control the DNI (and also the CFCS) and therefore place each position's attendance at PC meetings on an as needed basis, even though the individuals in these positions are proscribed 'statutory' (required by law) attendees of the NSC. Because the law does not discuss the PC, the attendance of these two positions on the PC is completely discretionary. There are no statutory members of the PC because the PC is not discussed in the law.
Lastly, Toomey ended his letter to me by writing, "I understand your concerns about the role of [s]teven [b]annon and his addition to the NSC. Please be assured I will keep your concerns in mind as the Senate continues to work on legislation that protects our national security." Well, what Toomey doesn't seem to understand is that gobbels-bannon is a large threat to our national, internal security and as such has no business being in the NSC much less the PC.
Of course, as is becoming way to common of a standard operating procedure, I will be sending Senator Toomey an email and possibly a formal letter, demonstrating my ability to read and my response to his rubber stamp reply to me.
Me:
While the Responsibilities of the NDI with reference to the NSC are clear in the amended National Security Act of 1947, those of the CJCS are buried very deeply in titles 10 and 32 of the United States Code. For the purposes of this reply to Senator Toomey, I will make the assumption that the responsibilities of the CJCS are similar if not exactly as those of the DNI , as defined in the amended National Security Act of 1947:
Section 102 (b) Principal Responsibility - Subject to the authority. direction and control of the President, the Director of National Intelligence shall - (2) act as the principal adviser to the President, to the National Security Council, and the Homeland Security Council for intelligence matters related to the national security
Sounds to me like the role of both of these positions is vital to our country's security. Unfortunately, a reading of the above could indicate that the 'President' has the authority to direct and control the DNI (and also the CFCS) and therefore place each position's attendance at PC meetings on an as needed basis, even though the individuals in these positions are proscribed 'statutory' (required by law) attendees of the NSC. Because the law does not discuss the PC, the attendance of these two positions on the PC is completely discretionary. There are no statutory members of the PC because the PC is not discussed in the law.
Lastly, Toomey ended his letter to me by writing, "I understand your concerns about the role of [s]teven [b]annon and his addition to the NSC. Please be assured I will keep your concerns in mind as the Senate continues to work on legislation that protects our national security." Well, what Toomey doesn't seem to understand is that gobbels-bannon is a large threat to our national, internal security and as such has no business being in the NSC much less the PC.
Of course, as is becoming way to common of a standard operating procedure, I will be sending Senator Toomey an email and possibly a formal letter, demonstrating my ability to read and my response to his rubber stamp reply to me.
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