On Lawfare Dr. Megan Reiss remarks on the latest Executive Order:
President Trump issued Executive Order 13848 on Sept. 12 declaring election interference a national emergency. The order also sets up a protocol for applying sanctions to persons who conduct cyberattacks against the electoral system or engage in disinformation. You can find comprehensive analysis of the order by Ed Stein here.
While this latest directive is a welcome addition to the United States’ arsenal of responses to further election interference, are the sanctions it contains capable of deterring adversaries?
The administration deserves praise for issuing this order; it places the administration on the side of protecting the United States over appeasing our adversaries. And while the document restates Trump’s frequent critique of the focus on election interference—that “there has been no evidence of a foreign power altering the outcome or vote tabulation in any United States election”—it also seems to recognize that whether or not an attack is successful, it still deserves a response. Given Trump’s equivocation this summer at the Helsinki summit — where he seemed to side with Russian President Vladimir Putin’s denial of interference over the findings of the U.S. intelligence community—this Order stands in contrast to any squishiness by taking a clear stand against our adversaries.
Does Trump really deserve congratulations? In order to assemble an authentic congratulatory message, one must have a good idea as to the motivations of the President, and I do not think Trump would have issued this Order without the unrelenting pressure from Congressional hawks on both sides of the aisle.
That observation leads to the concern of whether or not the Russians will find a loophole in this order – or if Trump is simply going to ignore his own order if push comes to shove.
