I don’t understand the logic involved. A President can only create and Executive Order authorizing actions that he already has the power to perform. He cannot create an Executive Order granting power he does not have. Therefore, any action he would like to take based on a report or not, he could take with or without an EO. The only thing the EO seems to do is mandate the creation of a report, which it seems is not even being followed.
If the rule of law and social contract are dead, we’re in anything goes territory.
“I don’t understand the logic involved”
Your mistake is thinking logic is involved at all. You’re dealing with people who think “military tribunals” are even a possibility, when the Supreme Court burst that bubble over 150 years ago in Ex Parte Milligan. This is fantasy, not logic.
Not true. If the EO is declarated under an emergency, (which EO 13848 was) and it involves foreign powers, the Executive branch has huge latatude to go after those actores. Remember DNI, FBI, CIA, are all under his power. If they are compromised (duh) then as commander in chief he can use the military. He can literally get the entire deep state (and the media, and internet ologarts, and financers of misinformation) in a kill shot by taking away finacial support and means to continue operating. But the DNI report is being held up by deep stat rats, and its due Friday. We’ll see what happens tomorrow.
In a just world you would be right, however Obama did it with DACA and the courts backed him up with one court even saying that Trump had no authority to rescind it.
Look back at Obama’s Obamacare EO