Donald Trump messed up. By appointing his close advisor Steve Bannon to the National Security Council, he’s opened the door for Senate Democrats to tear him to shreds in a confirmation hearing.
While everyone was freaking about Trump’s Muslim ban, he quietly removed the director of national intelligence and the chairman of the joint chiefs of staff as permanent attendees of the National Security Council.
But making Bannon, who ran a racist website before running Trump’s campaign, a permanent member on the National Security Council means the Senate gets to have a say.
Here’s the relevant section of the law.
It’s that last bit there that I think pertains to Bannon.
when appointed by the President by and with the advice and consent of the Senate
But maybe Trump just does it without Senate confirmation.