Donald Trump's Application of Presidential Powers Developed by Dick Cheney

Despite personal and policy disagreements, Donald Trump has utilized and expanded presidential powers, many of which were significantly developed during Dick Cheney's tenure as Vice President. Cheney expanded executive authority following the 9/11 terror attacks, which Trump has subsequently applied to his own national priorities.

Expansion of Executive Authority under Dick Cheney

Dick Cheney, whose career in US government began in the Nixon White House, developed theories of presidential powers over decades. As Vice President during the George W. Bush administration, he played a key role in restructuring executive authority after the September 11, 2001, terror attacks. This period saw a shared belief that the government needed to revise previous self-restraints to effectively combat the "war on terror."

Trump's Relationship with Cheney and Presidential Power

Donald Trump has inherited these expanded presidential powers, using them to advance his political agenda. While Trump's actions have, at times, diverged from policies Cheney endorsed, and Trump often cites "national emergencies" to justify his decisions, the underlying framework of executive authority remains.

In his later years, Cheney expressed concerns about Trump's impact on the nation, particularly following attempts to challenge the 2020 presidential election results. In 2024, Cheney announced support for Democrat Kamala Harris, stating, "There has never been an individual who is a greater threat to our republic than Donald Trump." Conversely, Trump referred to Cheney as "the king of endless, nonsensical wars, wasting lives and trillions of dollars."

Parallels in the Use of Presidential Authority

The application of presidential authority by Trump mirrors aspects of Cheney's approach across several areas, including military power overseas, detention and transport of non-citizens, and the expansion of US surveillance capabilities. Stephen Miller, a Trump adviser, stated in 2017 that "The powers of the president to protect our country are very substantial and will not be questioned," a sentiment consistent with Cheney's views on executive authority.

Although Trump has critiqued Cheney's interventionist foreign policy, he has shown a willingness to use American military power abroad, sometimes without direct congressional oversight. Examples include:

• Iran Strikes: In June, Trump launched bombing strikes on Iran, citing warnings of a growing nuclear threat, similar reasoning to that used by Cheney at the start of the 2003 Iraq war.
• Narcotics Trafficking: Trump's administration has designated narcotics traffickers as "enemy combatants" and has undertaken operations to destroy suspected drug-running boats in international waters, citing national security.
• Congressional Approval: The Trump Justice Department informed Congress that White House approval is not needed for these strikes, despite requirements in the 1974 War Powers Resolution. Critics had previously accused the Bush administration of stretching the 2001 Authorization of Military Force to justify global military operations against suspected terrorists.

Cheney's foreign policy involved "extraordinary renditions" of suspected terrorists to avoid US domestic courts. The Bush administration established a facility at Guantanamo Bay, Cuba, for indefinite detention and arranged "black sites" with foreign governments for interrogations without judicial oversight.

The article states that during his presidency, Donald Trump took steps to avoid judicial review of efforts to detain and deport undocumented migrants. These steps, according to the article, included expanding the detention facility in Guantanamo Bay to house deportees and striking deals with foreign governments to receive deported individuals. While some US courts issued injunctions against these removals, their ability to review the merits of such actions was limited. Trump's lawyers argued before the US Supreme Court that "The constitution charges the president, not federal district courts, with the conduct of foreign diplomacy and protecting the nation against foreign terrorists, including by effectuating their removal."

Trump has threatened to use domestic surveillance and investigatory capabilities of the US Department of Justice, which Cheney enhanced and expanded over two decades ago. The Bush administration used these powers to infiltrate Muslim communities suspected of harboring extremist views. Trump has called for a national crackdown on the Antifa movement, describing it as a left-wing group that has resorted to violence. The government's surveillance powers have also been directed at foreign nationals with legal authorization to enter the US, leading to revocations of residency permits and work visas for those the administration deemed to hold anti-American or antisemitic views.

Divergent Paths, Shared Foundations

Following Cheney's death, flags at the White House were lowered to half-staff. Trump maintained silence on the passing, despite his previous criticisms of Cheney and his interventionist foreign policy. Trump also clashed with Cheney's daughter, Liz Cheney, who became a critic of Trump and served on the congressional panel investigating the January 6, 2021, attack on the US Capitol. While Trump and Cheney had disagreements on policy and personal terms, the article notes a convergence in their views on the scope of executive authority and the necessity for the White House to act forcefully when deemed required.