Trump also falsely claimed he has “total” authority over states’ coronavirus restrictions, falsely claimed he had inherited broken coronavirus tests, falsely claimed presumptive Democratic nominee Joe Biden apologized for having called him xenophobic, falsely claimed that governors have stopped talking about a need for ventilators, and falsely claimed he banned travel from Europe.
Here’s our preliminary rundown of his claims and the facts that go with them. This will be updated throughout the night.
During the task force briefing, the White House presented a digital montage of TV and radio clips of Trump’s early actions with the coronavirus. One clip featured audio from New York Times reporter Maggie Haberman, who can be heard describing how the President was criticized for his early travel ban from China.
Facts First: The Haberman quotes are misleading as they edit out one of her key points: that the President’s travel restriction was one of the last actions he took to address the coronavirus for weeks.
Here’s the Haberman quote as it was presented by the White House video:
“As there were more cases and it was clear that it was spreading out of China — where it originated — the President took this move that he was widely criticized for by Democrats and even some Republicans at the time. Which was he halted a number of flights from China into the U.S. The idea was to halt the spread of the disease, keep transmissions to a minimum. He was accused of xenophobia. He was accused of making a racist move. At the end of the day, it was probably effective, because it did actually take a pretty aggressive measure against the spread of the virus.”
“At the end of the day, it was probably effective, because it did actually take a pretty aggressive measure against the spread of the virus. The problem is, it was one of the last things that he did for several weeks.”
According to the transcript, the Daily’s host Michael Barbaro asked a follow up question: “So the right decision in retrospect, but not accompanied by similar actions that might have contained transmission.”
Haberman responded: “That’s exactly right. In the same way that George W. Bush was criticized for his ‘Mission Accomplished’ banner about Iraq, the President treated that moment as if it was his mission accomplished moment. He did not do anything after that in terms of alerting the public, or telling people to be safe, or telling people to take precautions. And it basically squandered several weeks within the US.”
President has ‘total’ authority over coronavirus restrictions
Trump falsely claimed on Monday that, as President, he has “total” authority to decide to lift restrictions governors have imposed to fight the coronavirus pandemic.
“When somebody’s the President of the United States, the authority is total, and that’s the way it’s got to be,” Trump said at the White House coronavirus briefing.
Trump then said: “The authority of the President of the United States having to do with the subject we’re talking about is total.” And after speaking about local governments, he said, “They can’t do anything without the approval of the President of the United States.”
It wasn’t clear if he was referring to state or local officials with that assertion. But he was wrong regardless.
Facts First: The President does not have “total” authority over coronavirus restrictions. Without seeking or requiring Trump’s permission, governors, mayors and school district officials imposed the restrictions that have kept citizens at home and shut down schools and businesses, and it’s those same officials who have the power to decide when to lift those restrictions. There is no legislation that explicitly gives the President the power to override states’ public health measures. In addition, Trump said last week that he prefers, because of the Constitution, to let governors make their own decisions on coronavirus restrictions.
James Hodge, a professor and director of the Center for Public Health Law and Policy at Arizona State University, said Trump is “wrong” to claim he has the power to lift the states’ coronavirus restrictions.
“He can strongly encourage, advise, or even litigate whether states’ authorities to restrict public movements re: shelter in place or stay home orders are warranted, but cannot tell sovereign governors to lift these orders all at once just because the federal government determines it is high time to do so,” Hodge said in an email.
No legislation says the President has the power to overturn the public health decisions of these authorities, Vladeck and other legal scholars say.
When another reporter explained that the Tenth Amendment to the Constitution grants to states the powers not delegated to the federal government, Trump did not contest this interpretation — and instead sidestepped the question, saying he did not believe a state official who refused to reopen the economy could win reelection.
Robert Barnes, a lawyer who supports Trump, argued to CNN on Monday that, “in the emergency context,” the President possesses these commerce powers the Constitution assigns to Congress.
Vladeck said Barnes’ claim is unfounded. While Vladeck said Congress might be able to pass a law authorizing the President to override some state and local restrictions — he emphasized the “might” — he said Trump does not have the power to override the restrictions on his own.
“Congress has delegated the President a bunch of powers for emergencies, but this isn’t among them,” Vladeck told CNN.
While both the Congressional Research Service report and the National Conference of State Legislatures say that the federal government can “take over” the management of a public health incident within a state “if the federal government determines local efforts are inadequate,” they do not specifically address a situation in which the federal government wants to take over because it believes the state is being too strict in trying to address the emergency.
Trump has some power
Trump himself has spoken as recently as last week about states’ constitutional powers during the pandemic, though he has asserted that he too has powers.
After he was asked on April 10 about the possibility of Florida’s governor opening up schools in May, the President said: “I like to allow governors to make decisions without overruling them, because from a constitutional standpoint, that’s the way it should be done. If I disagreed, I would overrule a governor, and I have that right to do it. But I’d rather have them — you can call it ‘federalist,’ you can call it ‘the Constitution,’ but I call it ‘the Constitution.’ I would rather have them make their decisions.”
Trump does have some clear, though limited, direct power. For example, he can order federal employees to return to their offices and reopen national parks and other federal property.
And he can, obviously, use his influence to try to persuade governors — and citizens — to do as he wishes.
Trump also asserted at the briefing that even Democratic governors would agree with his claim to total authority. New York Democratic Gov. Andrew Cuomo, speaking shortly after the briefing to CNN’s Erin Burnett, said he disagreed: “We have a Constitution. We don’t have a king.”
Fact checking Trump’s claims about his travel restrictions on Europe, China
Responding to criticism of his administration’s response to the coronavirus, Trump touted his decision to limit travel from areas which had more coronavirus cases than the US at the time.
Trump told reporters Monday, “I did a ban on China, you think that was easy? Then I did a ban on Europe and many said it was an incredible thing to do.”
Asked later about whether he’d be willing to lift travel restrictions as part of opening up the country, Trump added, “Right now we have a very strong ban. We will keep it that way until they heal.”
Facts First: It’s misleading to call the travel restrictions Trump announced against China and Europe a ban because they contained multiple exemptions. Only foreign nationals who had been in China, Europe’s Schengen area, the UK or Ireland within the past 14 days are outright banned from entering the US.
Governors have what they need
Trump asserted on several occasions during Monday’s briefing that governors across the country are satisfied with his administration’s efforts to get states supplies and hospital capacity they need to handle coronavirus patients.
Facts First: Trump’s assertions ignore the fact that some governors have said this week that they still need medical equipment and are struggling with hospital bed capacity.
Toward the start of the briefing, the President aired a montage of video clips attempting to frame his administration’s response to the coronavirus in a positive light. The montage highlighted clips of numerous governors, both Democrats and Republicans, thanking the President for his administration’s assistance.
During the briefing, the President claimed that “no one who has needed a ventilator has not gotten a ventilator.”
“If you look, they were all saying, ‘We need ventilators,’ … you don’t hear ventilators anymore. They have all the ventilators they need. Which we were right about. We said you’re asking for too many, you don’t need that,” Trump said.
In the briefing, Trump also claimed, “No one who has needed a hospital bed has not gotten a hospital bed.”
Yet two of the governors included in the montage, New Jersey Gov. Phil Murphy, a Democrat, and Maryland Gov. Larry Hogan, a Republican, just one day prior said that both of their states need more equipment.
Murphy has also said his state is struggling to stay ahead of hospital bed capacity.
“We’re fighting to stay ahead on bed capacity, ventilators that are constantly running thin, the medicine you need for those ventilators, the personal protective equipment, and the relief from the bullpen for our health care workers,” he added.