U.S. Government Transition

With the inauguration of Donald J. Trump as the 45th president of the United States on January 20, 2017, a new U.S. administration continues to take shape.

President Trump has announced his nominations for all but one (Council of Economic Advisers Chair) of the appointed members of his presidential cabinet as well as senior level Executive branch positions  that must be confirmed by the Senate.

To date, the eight appointees who have been confirmed so far are:

Attorney General—Jeff Sessions
Central Intelligence Agency (C.I.A.) Director—Mike Pompeo
Secretary of Defense—Gen. James Mattis
Secretary of Education—Betsy DeVos
Secretary of Homeland Security—Gen. John Kelly
Secretary of State (Foreign Affairs)—Rex Tillerson
Secretary of Transportation—Elaine Chao
United Nations Ambassador—Nikki Haley

Since taking office, President Trump's brief tenure has been punctuated by a number of unilateral presidential directives, including executive orders and memoranda. Historically, such actions have been used by all presidents to declare government policy by giving guidance to federal agencies on how they should operate. Presidents have also issued such orders to revoke or otherwise reverse those actions of their predecessors. However, while these actions are legally binding, they cannot be used to create new laws or reverse previous laws. In contrast to legislation passed by Congress which is far broader in scope, executive actions are typically more limited and targeted in their reach. Further, any executive order whose implementation requires new funding will, by necessity, also require Congressional oversight and legislative approval.

Some of President Trump's executive actions have perhaps not been surprising in light of his campaign promises, such as rolling back President Obama's regulatory agenda, withdrawing the U.S. from the Trans-Pacific Partnership trade pact, and impacting implementation of the Affordable Care Act, President Obama's signature health care initiative. However, other such actions have been seen as highly controversial, in terms of both policy as well as process. These include his January 27 action to temporarily suspend entry to the U.S. by citizens of seven Muslim majority nations and related reports that actions were planned quietly and without consultation and legal review by relevant Executive branch stakeholders and department agencies, including newly confirmed cabinet members. As a result, a number of these actions are under criticism from both Democratic and Republican Party leaders, State Department officials, and civil society organizations as well as through protests, state attorneys general lawsuits, and other legal and policy challenges.

To buttress his executive directives, President Trump has reiterated or otherwise signaled his intent to pursue a variety of specific policies, which include renegotiating the North American Free Trade Agreement, canceling or replacing the Affordable Care Act, reshaping immigration and border enforcement policies, and approving oil and gas pipelines.

As expected, the Trump administration portends a number of new as well as previously uncharted approaches to both U.S. domestic and foreign policy. As the new administration, leadership, and policies of President Trump continue to take shape, we will be tracking developments, reaching out to our contacts, and look forward to sharing additional insights with you.