Vought, Russell T

Subterms

    Latest story

    163 Shares179 Views

    Trump’s Allies Want a New Breed of Lawyer if He Returns to Power

    by

    Close allies of Donald J. Trump are preparing to populate a new administration with a more aggressive breed of right-wing lawyer, dispensing with traditional conservatives who they believe stymied his agenda in his first term.The allies have been drawing up lists of lawyers they view as ideologically and temperamentally suited to serve in a second Trump administration. Their aim is to reduce the chances that politically appointed lawyers would frustrate a more radical White House agenda — as they sometimes did when Mr. Trump was in office, by raising objections to his desires for certain harsher immigration policies or for greater personal control over the Justice Department, among others.Now, as Trump allies grow more confident in an election victory next fall, several outside groups, staffed by former Trump officials who are expected to serve in senior roles if he wins, have begun parallel personnel efforts. At the start of Mr. Trump’s term, his administration relied on the influential Federalist Society, the conservative legal network whose members filled key executive branch legal roles and whose leader helped select his judicial nominations. But in a striking shift, Trump allies are building new recruiting pipelines separate from the Federalist Society.These back-room discussions were described by seven people with knowledge of the planning, most of whom spoke on the condition of anonymity to describe private conversations. In addition, The New York Times interviewed former senior lawyers in the Trump administration and other allies who have remained close to the president and are likely to serve in a second term.The interviews reveal a significant break within the conservative movement. Top Trump allies have come to view their party’s legal elites — even leaders with seemingly impeccable conservative credentials — as out of step with their movement.“The Federalist Society doesn’t know what time it is,” said Russell T. Vought, a former senior Trump administration official who runs a think tank with close ties to the former president. He argued that many elite conservative lawyers had proved to be too timid when, in his view, the survival of the nation is at stake.Such comments may surprise those who view the Federalist Society as hard-line conservatives. But the move away from the group reflects the continuing evolution of the Republican Party in the Trump era and an effort among those now in his inner circle to prepare to take control of the government in a way unseen in modern presidential history.Two of the allies leading the push are Stephen Miller, Mr. Trump’s former senior adviser, and John McEntee, another trusted aide whom the then-president had empowered in 2020 to rid his administration of political appointees perceived as disloyal or obstructive.The nonprofit groups they are involved in are barred by law from supporting a candidate, and none of the work they are doing is explicitly tied to Mr. Trump. But Mr. Miller and Mr. McEntee remain close to the former president and are expected to have his ear in any second term.Mr. Trump himself, focused for now on multiple criminal and civil cases against him, appears disengaged from these efforts. But he made clear throughout his term in office that he was infuriated by many of the lawyers who worked for him, ranting about how they were “weak” and “stupid.”By the end of his term, lawyers he appointed early in his administration had angered the White House by raising legal concerns about various policy proposals. But Mr. Trump reserved his deepest rage for the White House and Justice Department legal officials who largely rejected his attempts to overturn the 2020 election, according to people who spoke with him. Casting about for alternative lawyers who would tell him what he wanted to hear, Mr. Trump turned for that effort to a group of outside lawyers, many of whom have since been indicted in Georgia.People close to the former president say they are seeking out a different type of lawyer committed to his “America First” ideology and willing to endure the personal and professional risks of association with Mr. Trump. They want lawyers in federal agencies and in the White House who are willing to use theories that more establishment lawyers would reject to advance his cause. This new mind-set matches Mr. Trump’s declaration that he is waging a “final battle” against demonic “enemies” populating a “deep state” within the government that is bent on destroying America.Several of Mr. Trump’s key allies — including Stephen Miller, his former senior adviser — are drawing up lists of lawyers they plan to hire if the former president returns to the White House in 2025.Cooper Neill for The New York TimesThere were a few lawyers like that in Mr. Trump’s administration, but they were largely outnumbered, outranked and often blocked by more traditional legal conservatives. For those who went to work for Mr. Trump but grew disillusioned, the push to systematically install Trump loyalists who may see the law as malleable across a second Trump administration has been a cause for alarm.John Mitnick was appointed by Mr. Trump as general counsel of the Homeland Security Department in 2018. But he was fired in 2019 as part of a broad purge of the agency’s leaders — whom Mr. Trump had installed — and was replaced by one of Mr. Miller’s allies.Mr. Mitnick predicted that “no qualified attorneys with integrity will have any desire to serve as political appointees” in a second Trump term, and that instead it would be “predominantly staffed by opportunists who will rubber-stamp whatever Trump and his senior White House staff want to do.”In many ways, the Federalist Society has become synonymous with the Republican establishment, and its members’ most common interests — including pushing an originalist interpretation of the Constitution and federal statutes — can be distinct from the whims and grievances of Mr. Trump himself. Its membership dues are low, and politically ambitious Republican lawyers of various stripes routinely join it or attend its events. Many of the more aggressive lawyers the Trump allies are eyeing have their own links to it.But after both the legal policy fights inside the Trump administration and the refusal by the group’s most respected luminaries to join Mr. Trump’s efforts to overturn the 2020 election, the phrase “Federalist Society” became a slur for some on the Trump-aligned right, a shorthand for a kind of lawyerly weakness.Hard-right allies of Mr. Trump increasingly speak of typical Federalist Society members as “squishes” too worried about maintaining their standing in polite society and their employment prospects at big law firms to advance their movement’s most contentious tactics and goals.“Trump and his administration learned the hard way in their first term that the Democrats are playing for keeps,” said Mike Davis, a former congressional aide who helped shepherd judicial nominees during the Trump administration and has become a close ally of the 45th president. “And in the Trump 47 administration, they need much stronger attorneys who do not care about elite opinion who will fight these key cultural battles.”The chilling of the relationship between Mr. Trump and Leonard Leo, a leader of the Federalist Society, embodies a broader rift between Mr. Trump and conservative legal elites.T.J. Kirkpatrick for The New York TimesA Fraught UnionWhen Mr. Trump wrested the 2016 Republican presidential nomination from the party’s old guard, it was unclear whether social conservatives would turn out in the general election to vote for a thrice-married New Yorker who had cultivated a playboy reputation and once described himself as “very pro-choice.” But Mr. Trump won their support by essentially striking a deal with legal conservatives: He agreed to fill Supreme Court vacancies from a list of prospects compiled by a small number of movement stalwarts.This group helping to shape the judiciary included Leonard A. Leo — arguably the most powerful figure in the conservative legal movement and a leader of the Federalist Society — and Donald F. McGahn II, Mr. Trump’s 2016 campaign general counsel and first White House counsel. With a seat already open after the death of Justice Antonin Scalia, the move worked: Exit polls showed that court-focused voters helped secure Mr. Trump’s narrow victory.Along with the Republican leader in the Senate, Mitch McConnell of Kentucky, Mr. Leo and Mr. McGahn — and later Pat A. Cipollone, Mr. Trump’s second White House counsel — created an assembly line for turning Federalist Society-style lawyers into appeals court judges and Supreme Court justices.But the union between Mr. Trump and the conservative legal establishment could be more fraught than it sometimes appeared. As his presidency wore on, Mr. Trump attacked and sidelined many of the lawyers around him. That included Mr. Leo.One episode, described by a person familiar with the incident, illustrates the larger chill.In January 2020, Mr. Leo was having dinner at Mar-a-Lago when Mr. Trump strode up to his table. The president stunned Mr. Leo, publicly berating him and accusing him of recommending the deputy attorney general, Rod J. Rosenstein, who appointed a special counsel to investigate ties between the Russian government and the Trump campaign.Taken aback, Mr. Leo protested that he had actually suggested someone else for the position — Mr. Cipollone. Mr. Trump walked away without apologizing.Nearly a year later, when Mr. Trump was trying to enlist legal assistance for his efforts to overturn his 2020 election loss, he reached out three times to Mr. Leo. But Mr. Leo declined to take or return Mr. Trump’s calls, and has since only dealt with him through others.A spokesman for Mr. Trump did not respond to repeated requests for comment.In a statement, Mr. Leo said, “I have nothing to say regarding his current efforts, but I’m just grateful that President Trump transformed the Supreme Court and the federal judiciary in his first term.”Mr. Mitnick’s experience underscores the style of lawyering that Trump allies saw as too cautious. His role as the top lawyer at the Department of Homeland Security put him in the path of increasingly aggressive policy proposals from a top White House adviser to Mr. Trump, Mr. Miller.Mr. Miller, who is not a lawyer, is known for his vehement opposition to immigration. Mr. Mitnick and Mr. Miller are said to have clashed, directly and indirectly, over legal risks raised by regulatory and policy actions emanating from the White House, including separating migrant children from their parents and transporting migrants to so-called sanctuary cities.In 2019, the White House purged the leadership ranks of the Homeland Security Department, firing Mr. Mitnick. Mr. Trump ultimately installed as his replacement Chad Mizelle, who had been out of law school just seven years but was a close Miller ally.Like numerous other positions filled later in Mr. Trump’s term, Mr. Mizelle was appointed as “acting” general counsel, sidestepping a Senate vetting and confirmation process that would most likely have closely scrutinized whether he was qualified for the job.With Mr. Mizelle acting as the department’s top lawyer when the Covid-19 pandemic arose, the Trump administration seamlessly invoked emergency powers to flatly refuse to consider the petition of any asylum seeker arriving at the southern border.Seeking ‘America First’ LawyersMr. Miller has stayed close to Mr. Trump and is expected to play an even more important role in shaping policy if Mr. Trump returns to power.While out of office, Mr. Miller has been running a foundation focused on suing the Biden administration and recruiting a new generation of “America First” lawyers, with some from attorney general and solicitor general offices in Texas and other Republican-controlled states. “America First” Republicans are often opposed to both legal and illegal immigration, protectionist on trade and skeptical of international alliances and military intervention overseas.One first-term Trump lawyer who would most likely serve in a second term is Mark Paoletta, who served as general counsel at the Office of Management and Budget and worked closely with Mr. Vought, the agency’s director. The O.M.B. team saw itself as an island of facilitators within an executive branch they believed was too quick to tell Mr. Trump that his ideas were unachievable or illegal.“The Federalist Society doesn’t know what time it is,” said Russell Vought, a former senior Trump administration official.Doug Mills/The New York TimesTogether, Mr. Vought and Mr. Paoletta came up with the idea of having Mr. Trump declare a national emergency and invoke special powers to spend more taxpayer money on a border wall than Congress was willing to appropriate.Mr. Paoletta also believed that Mr. Trump could have exerted greater personal control over the Justice Department, although Mr. Paoletta said in an interview that he did not advocate using the presidency’s command over federal law enforcement for partisan and personal score-settling. He and other advisers likely to follow Mr. Trump back into power view White House authority to direct the Justice Department as proper under the so-called unitary executive theory. It holds that presidents can directly command the entire federal bureaucracy and that pockets of independent decision-making authority are unconstitutional.“I believe a president doesn’t need to be so hands-off with the D.O.J.,” Mr. Paoletta said, adding: “It’s not an independent agency, and he is the head of the executive branch. A president has every right to direct D.O.J. to look at items that are his policy priorities and other matters of national importance.”Mr. Trump is not known for pondering legal philosophy. But he has found common cause with lawyers who have a sweeping view of presidential power.In his 2024 campaign, Mr. Trump has promised to “appoint a real special prosecutor to go after” President Biden and his family — shattering the post-Watergate norm of Justice Department independence. More than any legal policy statement on his campaign website, retribution may be the closest thing to a governing philosophy for Mr. Trump as he seeks a second term.‘Legal Creativity’Mr. Trump has rarely looked closely at a lawyer’s area of specialty. Instead, he has often looked at whether a particular lawyer can help him gain something he wants. He spent much of his first term railing against the lawyers who worked for him and wondering aloud why none of them could live up to the memory of his notoriously ruthless mentor, Roy Cohn, who represented Mr. Trump in his early business career in New York.When he sought to overturn the 2020 election, Mr. Trump was unsatisfied with his government lawyers, including his second White House counsel, Mr. Cipollone, who largely rejected his efforts to subvert the results. Mr. Trump turned to a different set of outside lawyers.Those lawyers included Rudolph W. Giuliani, John C. Eastman, Kenneth Chesebro, Jenna Ellis and Sidney K. Powell, all of whom have since been indicted in Georgia in a racketeering case that charged the former president and 18 of his allies with conspiring to overturn his election loss there in 2020. Ms. Powell, Mr. Chesebro and Ms. Ellis have pleaded guilty.Mr. Trump was also infuriated that the justices he had put on the Supreme Court declined to repay his patronage by intervening in the 2020 election. As Mr. Trump criticized the court, Mr. Leo with the Federalist Society is said to have told associates he was disappointed that the former president’s rhetoric made his judicial appointment record look “transactional,” aimed at advancing Mr. Trump’s personal interests rather than a broader philosophical mission.Jeffrey Clark, a former high-ranking Justice Department official, was criminally charged in Georgia in connection with efforts to overturn Mr. Trump’s 2020 election loss in that state.Pool photo by Susan WalshIn the same way, Mr. Trump had a falling-out with his attorney general, William P. Barr, who refused to falsely say that the Justice Department had evidence of widespread voter fraud. After Mr. Barr resigned, his deputy and successor, Jeffrey A. Rosen, also refused to throw the department’s weight behind Mr. Trump’s claims. Mr. Trump then explored the idea of installing Jeffrey Clark — an official who was willing to raise concerns about purported election fraud — as acting attorney general.Mr. Clark has also been indicted in the Georgia case, but remains in favor with Mr. Trump and has met with the former president at his private clubs. Over the summer, at Mr. Trump’s golf club in Bedminster, N.J., Mr. Clark attended a fund-raiser for the people who have been imprisoned for rioting at the Capitol on Jan. 6, 2021.Mr. Clark will most likely be in contention for a senior Justice Department position in any second Trump administration, depending on the outcome of his legal travails. He has written a constitutional analysis, titled “The U.S. Justice Department Is Not Independent,” that amounts to an intellectual blueprint for direct presidential control of federal law enforcement.He declined to comment. On a conservative podcast last year, Mr. Clark said that “extraordinary times call for extraordinary, responsive legal creativity.” More

    More stories

    • 113 Shares199 Views

      in Elections

      Biden Administration Aims to Trump-Proof the Federal Work Force

      by

      If Donald Trump wins a second term, he and his allies want to revive a plan to allow a president to fire civil service workers who are supposed to be hired on merit. The Biden administration is trying to thwart it.When President Biden took office, he swiftly canceled an executive order his predecessor Donald J. Trump had issued that could have enabled Mr. Trump to fire tens of thousands of federal workers and replace them with loyalists. But Democrats never succeeded in enacting legislation to strengthen protections for the civil service system as a matter of law.Now, with Mr. Trump seemingly poised to win the G.O.P. nomination again, the Biden administration is instead trying to effectively Trump-proof the civil service with a new regulation.On Friday, the White House proposed a new rule that would make it more onerous to reinstate Mr. Trump’s old executive order if Mr. Trump or a like-minded Republican wins the 2024 election.But Trump allies who would most likely have senior roles in any second Trump administration shrugged off the proposed Biden rule, saying they could simply use the same rule-making process to roll back the new regulation and then proceed. Legal experts agreed.The proposed rule addresses the move Mr. Trump tried to make late in his presidency by issuing an executive order known in shorthand as Schedule F. It would have empowered his administration to effectively transform many career federal employees — who are supposed to be hired based on merit and cannot be arbitrarily fired — into political appointees who can be hired and fired at will.Career civil servants include professional staff across the government who stay on when the presidency changes hands. They vary widely, including law enforcement officers and technical experts at agencies that Congress created to make rules aimed at ensuring the air and water are clean and food, drugs and consumer products are safe.Mr. Trump and senior advisers on his team came to believe that career officials who raised objections to their policies on legal or practical grounds — including some of their disputed immigration plans — were deliberately sabotaging their agenda. Portraying federal employees as unaccountable bureaucrats, the Trump team has argued that removing job protections for those who have any influence over policymaking is justified because it is too difficult to fire them.Critics saw the move as a throwback to the corrupt 19th-century patronage system, when all federal jobs were partisan spoils rather than based on merit. Congress ended that system with a series of civil-service laws dating back to the Pendleton Act of 1883. Everett Kelley, national president of the American Federation of Government Employees, described Schedule F as “the most profound undermining of the civil service in our lifetimes.”The legality of Schedule F was never tested because Mr. Biden revoked the order before any federal workers were reclassified. But Mr. Trump has vowed to reinstate it if he returns to office in 2025 — and his motivations, now, are openly vengeful. He has boasted that he will purge a federal bureaucracy that he has disparaged as a “deep state” filled by “villains” like globalists, Marxists and a “sick political class that hates our country.”President Biden’s administration introduced a rule on Friday to strengthen protections for the civil service system.Al Drago for The New York TimesThe proposed new rule was unveiled by the White House’s Office of Personnel Management in a lengthy filing for the Federal Register on Friday. It would allow workers to keep their existing job protections, such as a right to appeal any firing or reassignment, even if their positions were reclassified. It would also tighten the definition of what types of positions can be exempted from civil service job protections, limiting it to non-career political appointees who are expected to turn over when a presidency ends.The regulatory proposal argued that maintaining protections for career civil servants enhances the functioning of American democracy because such federal workers have institutional memory, subject matter expertise and technical knowledge “that incoming political appointees may lack.” They should be free to disagree with their leaders — short of defying lawful orders — without fear of reprisal, the proposed rule states.The public will now have 60 days to comment on the proposed rule, but the Biden administration expects to complete it by early 2024.A spokesman for the Trump campaign did not respond to an email seeking comment on Mr. Biden’s effort.Biden officials and people supportive of their plan are projecting optimism about the significance of the new regulation to bolster protections for the civil service. Among them is Rob Shriver, the deputy director of the Office of Personnel Management, essentially the government’s human resources department.“Our proposed regulation is strong and based in law and has a strong rationale,” Mr. Shriver said. “Anyone who wants to explore a change in policy would have work to do,” he added. “They’d have to go through the same administrative rule-making process and make sure that their policy is grounded in the law.”Mr. Trump’s allies have been aware of the proposed rule since the spring, when the Biden administration cited it on a government website as part of its 2023 regulatory agenda. Trump allies say they don’t expect it to do much more than delay by a number of months their renewal of Schedule F if Mr. Trump wins back the presidency.James Sherk, the former Trump administration official who came up with the idea for Schedule F, defended the order and said that reimposing it would not be difficult despite the new rule.“The Biden administration can, if they want, make removing intransigent or poorly performing senior bureaucrats harder on themselves,” said Mr. Sherk, who now works at the America First Policy Institute, a think tank stocked heavily with former Trump officials. “The next administration can just as easily rescind those restrictions. With regards to reissuing Schedule F, this proposed rule would be a speed bump, but nothing more.”Another fervent supporter of Schedule F is Russell T. Vought, the president of the Center for Renewing America, a think tank with close ties to the former president. In the Trump administration, Mr. Vought had been the director of the Office of Management and Budget. He proposed reassigning nearly 90 percent of his agency’s staff as Schedule F employees, making them vulnerable to being summarily fired if he deemed them obstructive to the president’s agenda.That threat was never acted upon — Mr. Trump issued the Schedule F order in October 2020, shortly before losing re-election — but Biden administration officials say that career civil servants are still living with the hangover from what nearly happened and are anxious about the prospect of Schedule F returning.Russell T. Vought, former director of the Office of Management and Budget, is a fervent supporter of Schedule F.Anna Moneymaker/The New York TimesJason Miller, a senior official in Mr. Biden’s Office of Management and Budget who has worked on the new rule, said in an interview that Mr. Trump’s Schedule F order “exposed the fragility of the existing system — the system that has been in place for 140 years to ensure we have a dedicated nonpartisan civil service.”Mr. Miller said the impact of Schedule F “is still felt to this day.” He added, “We have carried that with us. It is not just here in O.M.B. It is across federal agencies.”Mr. Vought, however, said Schedule F was about removing poor performers, and characterized the proposed regulation as little impediment to reviving the idea.“This expected move by the Biden administration to forestall accountability within the bureaucracy against poor performers merely reinforces what we already knew — Schedule F rests on a sound legal foundation, is going to succeed spectacularly and the only chance to stop it is to install procedural roadblocks,” he said.Even if Mr. Trump unexpectedly loses the Republican nomination, there’s a good chance that whomever defeats him will also plan to dismantle the administrative state. Schedule F has swiftly become doctrine across a large swath of the G.O.P., and two of Mr. Trump’s leading rivals are indicating they want to go even further than he does.“On bureaucracy, you know, we’re going to have all these deep-state people, you know, we’re going to start slitting throats on Day 1 and be ready to go,” said Gov. Ron DeSantis of Florida at an event in New Hampshire in July.On Wednesday, the businessman Vivek Ramaswamy outlined an even more radical plan than Mr. Trump’s for dismantling much of the government. Mr. Ramaswamy said he would shut down multiple federal agencies and fire 75 percent of the federal work force, although both the legal and practical substance undergirding his attention-seeking proposal appeared thin.“I would not view the efforts to protect the integrity of the professional civil service as just antidotes to Trump,” said Representative Jamie Raskin of Maryland, the ranking Democrat on the House Committee on Oversight and Reform, which has jurisdiction over the federal civil service. “I see them as authoritarianism repellents, generally.”Schedule F has swiftly become doctrine across a large swath of the G.O.P. and Vivek Ramaswamy intends to take it further.Kent Nishimura for The New York TimesDemocrats had initially tried to change federal law to prevent any return of Schedule F, but opposition by Republicans — where Senate rules allow a minority of 40 lawmakers to block most legislation — thwarted the effort.When the House was still controlled by Democrats in the first two years of Mr. Biden’s presidency, it attached a measure strengthening protections for the merit-based civil service system as an amendment to a “must-pass” annual defense bill in 2022. But Republican opposition kept it off the Senate version and then forced Democrats to drop it when the two versions were reconciled.Democrats used their control of the House in Mr. Biden’s first two years to pass proposed reforms in response to the ways in which Mr. Trump’s presidency flouted norms. Other ideas Democrats proposed included making it harder for a president to offer or bestow pardons in situations that raise suspicion of corruption, to refuse to respond to oversight subpoenas and to take outside payments while in office.The House passed a bill that combined those and other ideas in December 2021. But Republicans almost uniformly opposed such measures, portraying them as partisan attacks on Mr. Trump, and the Senate’s filibuster rule meant they had the power to block them from becoming law. And Mr. Biden did not make enacting post-Trump reforms a bully-pulpit focus.Max Stier, president of the Partnership for Public Service, a nonpartisan group that seeks to make government more effective, has been working with the Biden administration on this and other proposals to bolster the civil service. He said he understands the vulnerability of the new proposed rule to being overturned, but he said it would make reimposing Schedule F even more vulnerable to legal challenges than it was when Mr. Trump first issued the order.Other Democrats, who fear the return of Mr. Trump and Schedule F, view the Biden effort less enthusiastically.“While the Biden administration’s forthcoming regulation is a good first step to protect the federal civil service from politicization, I’ve consistently said this demands a legislative fix,” said Representative Gerald E. Connolly, who along with Senator Tim Kaine — both Democrats of Virginia — has led congressional efforts to prevent a return of Schedule F.“The Biden administration must make this a top legislative priority,” Mr. Connolly added. “That is the only thing that is going to stop Trump’s crusade to remake the civil service in his image.” More

    • 125 Shares189 Views

      in Elections

      Trump Plans to Expand Presidential Power Over Agencies in 2025

      by

      Donald J. Trump and his allies are planning a sweeping expansion of presidential power over the machinery of government if voters return him to the White House in 2025, reshaping the structure of the executive branch to concentrate far greater authority directly in his hands.Their plans to centralize more power in the Oval Office stretch far beyond the former president’s recent remarks that he would order a criminal investigation into his political rival, President Biden, signaling his intent to end the post-Watergate norm of Justice Department independence from White House political control.Mr. Trump and his associates have a broader goal: to alter the balance of power by increasing the president’s authority over every part of the federal government that now operates, by either law or tradition, with any measure of independence from political interference by the White House, according to a review of his campaign policy proposals and interviews with people close to him.Mr. Trump intends to bring independent agencies — like the Federal Communications Commission, which makes and enforces rules for television and internet companies, and the Federal Trade Commission, which enforces various antitrust and other consumer protection rules against businesses — under direct presidential control.He wants to revive the practice of “impounding” funds, refusing to spend money Congress has appropriated for programs a president doesn’t like — a tactic that lawmakers banned under President Richard Nixon.He intends to strip employment protections from tens of thousands of career civil servants, making it easier to replace them if they are deemed obstacles to his agenda. And he plans to scour the intelligence agencies, the State Department and the defense bureaucracies to remove officials he has vilified as “the sick political class that hates our country.”Mr. Trump and his advisers are openly discussing their plans to reshape the federal government if he wins the election in 2024.Anna Moneymaker for The New York Times“The president’s plan should be to fundamentally reorient the federal government in a way that hasn’t been done since F.D.R.’s New Deal,” said John McEntee, a former White House personnel chief who began Mr. Trump’s systematic attempt to sweep out officials deemed to be disloyal in 2020 and who is now involved in mapping out the new approach.“Our current executive branch,” Mr. McEntee added, “was conceived of by liberals for the purpose of promulgating liberal policies. There is no way to make the existing structure function in a conservative manner. It’s not enough to get the personnel right. What’s necessary is a complete system overhaul.”Mr. Trump and his advisers are making no secret of their intentions — proclaiming them in rallies and on his campaign website, describing them in white papers and openly discussing them.“What we’re trying to do is identify the pockets of independence and seize them,” said Russell T. Vought, who ran the Office of Management and Budget in the Trump White House and now runs a policy organization, the Center for Renewing America.The strategy in talking openly about such “paradigm-shifting ideas” before the election, Mr. Vought said, is to “plant a flag” — both to shift the debate and to later be able to claim a mandate. He said he was delighted to see few of Mr. Trump’s Republican primary rivals defend the norm of Justice Department independence after the former president openly attacked it.Steven Cheung, a spokesman for Mr. Trump’s campaign, said in a statement that the former president has “laid out a bold and transparent agenda for his second term, something no other candidate has done.” He added, “Voters will know exactly how President Trump will supercharge the economy, bring down inflation, secure the border, protect communities and eradicate the deep state that works against Americans once and for all.”The agenda being pursued by Mr. Trump and his associates has deep roots in a longstanding effort by conservative legal thinkers to undercut the so-called administrative state.Doug Mills/The New York TimesThe two driving forces of this effort to reshape the executive branch are Mr. Trump’s own campaign policy shop and a well-funded network of conservative groups, many of which are populated by former senior Trump administration officials who would most likely play key roles in any second term.Mr. Vought and Mr. McEntee are involved in Project 2025, a $22 million presidential transition operation that is preparing policies, personnel lists and transition plans to recommend to any Republican who may win the 2024 election. The transition project, the scale of which is unprecedented in conservative politics, is led by the Heritage Foundation, a think tank that has shaped the personnel and policies of Republican administrations since the Reagan presidency.That work at Heritage dovetails with plans on the Trump campaign website to expand presidential power that were drafted primarily by two of Mr. Trump’s advisers, Vincent Haley and Ross Worthington, with input from other advisers, including Stephen Miller, the architect of the former president’s hard-line immigration agenda.Some elements of the plans had been floated when Mr. Trump was in office but were impeded by internal concerns that they would be unworkable and could lead to setbacks. And for some veterans of Mr. Trump’s turbulent White House who came to question his fitness for leadership, the prospect of removing guardrails and centralizing even greater power over government directly in his hands sounded like a recipe for mayhem.“It would be chaotic,” said John F. Kelly, Mr. Trump’s second White House chief of staff. “It just simply would be chaotic, because he’d continually be trying to exceed his authority but the sycophants would go along with it. It would be a nonstop gunfight with the Congress and the courts.”The agenda being pursued has deep roots in the decades-long effort by conservative legal thinkers to undercut what has become known as the administrative state — agencies that enact regulations aimed at keeping the air and water clean and food, drugs and consumer products safe, but that cut into business profits.Its legal underpinning is a maximalist version of the so-called unitary executive theory.The legal theory rejects the idea that the government is composed of three separate branches with overlapping powers to check and balance each other. Instead, the theory’s adherents argue that Article 2 of the Constitution gives the president complete control of the executive branch, so Congress cannot empower agency heads to make decisions or restrict the president’s ability to fire them. Reagan administration lawyers developed the theory as they sought to advance a deregulatory agenda.Mr. Trump and his allies have been laying out an expansive vision of power for a potential second term.Christopher Lee for The New York Times“The notion of independent federal agencies or federal employees who don’t answer to the president violates the very foundation of our democratic republic,” said Kevin D. Roberts, the president of the Heritage Foundation, adding that the contributors to Project 2025 are committed to “dismantling this rogue administrative state.”Personal power has always been a driving force for Mr. Trump. He often gestures toward it in a more simplistic manner, such as in 2019, when he declared to a cheering crowd, “I have an Article 2, where I have the right to do whatever I want as president.”Mr. Trump made the remark in reference to his claimed ability to directly fire Robert S. Mueller III, the special counsel in the Russia inquiry, which primed his hostility toward law enforcement and intelligence agencies. He also tried to get a subordinate to have Mr. Mueller ousted, but was defied.Early in Mr. Trump’s presidency, his chief strategist, Stephen K. Bannon, promised a “deconstruction of the administrative state.” But Mr. Trump installed people in other key roles who ended up telling him that more radical ideas were unworkable or illegal. In the final year of his presidency, he told aides he was fed up with being constrained by subordinates.Now, Mr. Trump is laying out a far more expansive vision of power in any second term. And, in contrast with his disorganized transition after his surprise 2016 victory, he now benefits from a well-funded policymaking infrastructure, led by former officials who did not break with him after his attempts to overturn the 2020 election and the Jan. 6, 2021, attack on the Capitol.One idea the people around Mr. Trump have developed centers on bringing independent agencies under his thumb.Congress created these specialized technocratic agencies inside the executive branch and delegated to them some of its power to make rules for society. But it did so on the condition that it was not simply handing off that power to presidents to wield like kings — putting commissioners atop them whom presidents appoint but generally cannot fire before their terms end, while using its control of their budgets to keep them partly accountable to lawmakers as well. (Agency actions are also subject to court review.)Presidents of both parties have chafed at the agencies’ independence. President Franklin D. Roosevelt, whose New Deal created many of them, endorsed a proposal in 1937 to fold them all into cabinet departments under his control, but Congress did not enact it.Later presidents sought to impose greater control over nonindependent agencies Congress created, like the Environmental Protection Agency, which is run by an administrator whom a president can remove at will. For example, President Ronald Reagan issued executive orders requiring nonindependent agencies to submit proposed regulations to the White House for review. But overall, presidents have largely left the independent agencies alone.Mr. Trump’s allies are preparing to change that, drafting an executive order requiring independent agencies to submit actions to the White House for review. Mr. Trump endorsed the idea on his campaign website, vowing to bring them “under presidential authority.”Such an order was drafted in Mr. Trump’s first term — and blessed by the Justice Department — but never issued amid internal concerns. Some of the concerns were over how to carry out reviews for agencies that are headed by multiple commissioners and subject to administrative procedures and open-meetings laws, as well as over how the market would react if the order chipped away at the Federal Reserve’s independence, people familiar with the matter said.The former president views the civil service as a den of “deep staters” who were trying to thwart him at every turn in the White House.John Tully for The New York TimesThe Federal Reserve was ultimately exempted in the draft executive order, but Mr. Trump did not sign it before his presidency ended. If Mr. Trump and his allies get another shot at power, the independence of the Federal Reserve — an institution Mr. Trump publicly railed at as president — could be up for debate. Notably, the Trump campaign website’s discussion of bringing independent agencies under presidential control is silent on whether that includes the Fed.Asked whether presidents should be able to order interest rates lowered before elections, even if experts think that would hurt the long-term health of the economy, Mr. Vought said that would have to be worked out with Congress. But “at the bare minimum,” he said, the Federal Reserve’s regulatory functions should be subject to White House review.“It’s very hard to square the Fed’s independence with the Constitution,” Mr. Vought said.Other former Trump administration officials involved in the planning said there would also probably be a legal challenge to the limits on a president’s power to fire heads of independent agencies. Mr. Trump could remove an agency head, teeing up the question for the Supreme Court.The Supreme Court in 1935 and 1988 upheld the power of Congress to shield some executive branch officials from being fired without cause. But after justices appointed by Republicans since Reagan took control, it has started to erode those precedents.Peter L. Strauss, professor emeritus of law at Columbia University and a critic of the strong version of the unitary executive theory, argued that it is constitutional and desirable for Congress, in creating and empowering an agency to perform some task, to also include some checks on the president’s control over officials “because we don’t want autocracy” and to prevent abuses.“The regrettable fact is that the judiciary at the moment seems inclined to recognize that the president does have this kind of authority,” he said. “They are clawing away agency independence in ways that I find quite unfortunate and disrespectful of congressional choice.”Mr. Trump has also vowed to impound funds, or refuse to spend money appropriated by Congress. After Nixon used the practice to aggressively block agency spending he was opposed to, on water pollution control, housing construction and other issues, Congress banned the tactic.On his campaign website, Mr. Trump declared that presidents have a constitutional right to impound funds and said he would restore the practice — though he acknowledged it could result in a legal battle.Mr. Trump and his allies also want to transform the civil service — government employees who are supposed to be nonpartisan professionals and experts with protections against being fired for political reasons.The former president views the civil service as a den of “deep staters” who were trying to thwart him at every turn, including by raising legal or pragmatic objections to his immigration policies, among many other examples. Toward the end of his term, his aides drafted an executive order, “Creating Schedule F in the Excepted Service,” that removed employment protections from career officials whose jobs were deemed linked to policymaking.Mr. Trump signed the order, which became known as Schedule F, near the end of his presidency, but President Biden rescinded it. Mr. Trump has vowed to immediately reinstitute it in a second term.Critics say he could use it for a partisan purge. But James Sherk, a former Trump administration official who came up with the idea and now works at the America First Policy Institute — a think tank stocked heavily with former Trump officials — argued it would only be used against poor performers and people who actively impeded the elected president’s agenda.“Schedule F expressly forbids hiring or firing based on political loyalty,” Mr. Sherk said. “Schedule F employees would keep their jobs if they served effectively and impartially.”Mr. Trump himself has characterized his intentions rather differently — promising on his campaign website to “find and remove the radicals who have infiltrated the federal Department of Education” and listing a litany of targets at a rally last month.“We will demolish the deep state,” Mr. Trump said at the rally in Michigan. “We will expel the warmongers from our government. We will drive out the globalists. We will cast out the communists, Marxists and fascists. And we will throw off the sick political class that hates our country.” More