SCOFFLAWS OUTED AGAIN: U.S. DISTRICT JUDGE BLOCKS TRUMP’S ILLEGAL ATTACK ON ASYLUM LAW: ORDERS PROCESSING OF ALL WHO APPLY TO RESUME! — “Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden!”

https://www.nytimes.com/2018/11/20/us/judge-denies-trump-asylum-policy.html?action=click&module=Top%20Stories&pgtype=Homepage

Miriam Jordan reports for the NY Times:

LOS ANGELES — A federal judge on Monday ordered the Trump administration to resume accepting asylum claims from migrants no matter where or how they entered the United States, dealing at least a temporary setback to the president’s attempt to clamp down on a huge wave of Central Americans crossing the border.

Judge Jon S. Tigar of the United States District Court in San Francisco issued a temporary restraining order that blocks the government from carrying out a new rule that denies protections to people who enter the country illegally. The order, which suspends the rule until the case is decided by the court, applies nationally.

“Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Mr. Tigar wrote in his order.

As a caravan of several thousand people journeyed toward the Southwest border, President Trump signed a proclamation on Nov. 9 that banned migrants from applying for asylum if they failed to make the request at a legal checkpoint. Only those who entered the country through a port of entry would be eligible, he said, invoking national security powers to protect the integrity of the United States borders.

Within days, the administration submitted a rule to the federal registry, letting it go into effect immediately and without the customary period for public comment.

But the rule overhauled longstanding asylum laws that ensure people fleeing persecution can seek safety in the United States, regardless of how they entered the country. Advocacy groups, including the Southern Poverty Law Center and the American Civil Liberties Union, swiftly sued the administration for effectively introducing what they deemed an asylum ban.

The advocacy groups accused the government of “violating Congress’s clear command that manner of entry cannot constitute a categorical asylum bar” in their complaint. They also said the administration had violated federal guidelines by not allowing public comment on the rule.

But Trump administration officials defended the regulatory change, arguing that the president was responding to a surge in migrants seeking asylum based on frivolous claims, which ultimately lead their cases to be denied by an immigration judge. The migrants then ignore any orders to leave, and remain unlawfully in the country.

”The president has sought to halt this dangerous and illegal practice and regain control of the border,” government lawyers said in court filings.

Mr. Trump, who had made stanching illegal immigration a top priority since his days on the campaign trail, has made no secret of his frustration over the swelling number of migrants heading to the United States. The president ordered more than 5,000 active-duty troops to the border to prevent the migrants from entering.

The new rule was widely regarded as an effort to deter Central Americans, many of whom request asylum once they reach the United States, often without inspection, from making the journey over land from their countries to the border.

United States immigration laws stipulate that foreigners who touch American soil are eligible to apply for asylum. They cannot be deported immediately. They are eligible to have a so-called credible fear interview with an asylum officer, a cursory screening that the overwhelming majority of applicants pass. As result, most of the migrants are released with a date to appear in court.

In recent years, more and more migrants have availed of the asylum process, often after entering the United States illegally. A record 23,121 migrants traveling as families were detained at the border in October. Many of the families turn themselves in to the Border Patrol rather than queue up to request asylum at a port of entry.

The Trump administration believes the migrants are exploiting asylum laws to immigrate illegally to the United States. Soaring arrivals have exacerbated a huge backlog of pending cases in the immigration courts, which recently broke the one-million mark. Many migrants skip their court dates, only to remain illegally in the country, which Mr. Trump derides as “catch and release.”

But advocates argue that many migrants are victims of violence or persecution and are entitled to seek sanctuary. Gangs are ubiquitous across El Salvador, Honduras and Guatemala, where lawlessness and corruption enable them to kill with impunity.

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Entirely predictable. “Many of the families turn themselves in to the Border Patrol rather than queue up to request asylum at a port of entry.”

Why aren’t ethical requirements being enforced on Government lawyers who present and defend these clearly frivolous positions in court?  Knowingly and intentionally depriving individuals of statutory, civil, and constitutional rights, while tying up Federal Judges and other “officers of the court” on frivolous political stunts directed at harming individuals on the basis of race and nationality must, at some point, be deterred!

These are not criminal proceedings, and the Administration is not entitled to a “presumption of innocence” for its lawless actions. At some point, ethical lawyers have an obligation “not to serve” a lawless Administration and to publicly disclose and oppose the Administration’s intentionally illegal actions and intentional wrongdoing aimed at migrants and communities of color in the U.S.  “Job security” doesn’t entitle Government employees, let alone those who also are members of the bar, to violate their oaths to uphold the Constitution.

And no, no matter how much the GOP appointees might want to do so, the Supremes can’t authorize the President to rewrite the clear terms of the law at his whim.

PWS

11-20-18

COURTSIDE HISTORY: Elizabeth Drew Tells Those (Unlike Me) Too Young To Remember What “Watergate” Was REALLY About!

https://www.vanityfair.com/news/2018/10/will-the-myths-of-watergate-prove-misleading

Elizabeth Drew writes in Vanity Fair:

Considerable mythology has arisen about Watergate, and these myths are confusing the current discussion around why and how Nixon was driven from office—which in turn has muddled the conversation around the possible fate of Donald Trump, whom Democrats might move to impeach if they take control of the House in November. In any event, it’s worth separating myth from reality when it comes to Watergate and the impeachment proceedings against Richard Nixon.

One of the greatest misconceptions around Watergate is that it was the break-in at the headquarters of the Democratic National Committee, and the subsequent cover-up, that led to Nixon being forced to surrender the presidency. But, in fact, when Nixon returned to Washington from his vacation home in Key Biscayne, Florida, three days after the break-in had been discovered, he and chief of staff H.R. Haldeman had another matter on their minds. The two men were worried that if the burglars—a group of “plumbers,” established ostensibly to ferret out the source of leaks that upset the Nixon White House led by E. Howard Hunt, a former C.I.A. operative who’d participated in the Bay of Pigs invasion, and G. Gordon Liddy, a former F.B.I. G-man—talked to federal investigators, their other activities on behalf of the White House might come to light. The real role of the plumbers was to “destroy” (Nixon talked that way) Nixon’s real and perceived “enemies,” meaning that, as Haldeman put it to the president when they met three days after the discovered break-in, “the problem is that there are all kinds of other involvements.” (This conversation was recorded on the tape of which 18 and a half minutes was later discovered to have been erased—a revelation that set off one of a number of explosions in the Watergate story. John Ehrlichman, Nixon’s head of domestic policy, wrote in his memoir that Nixon had done the erasing at Camp David.)

The “other involvement” that Nixon and Haldeman were most worried about being discovered was a break-in on September 3, 1971, more than nine months before the famous Watergate intrusion. This earlier break-in occurred at the office of the psychiatrist of Daniel Ellsberg, the defense analyst who, in June 1971, leaked the Pentagon Papers, a Johnson-era analysis of the Vietnam War, to The New York Times, The Washington Post,and The Boston Globe. Although the report had nothing to do with the Nixon administration directly, it did raise serious questions about the rationale for the war. Nixon, egged on by national-security adviser Henry Kissinger, was enraged at the study’s leak, and wanted Ellsberg “crushed” and any further unwonted leaks stopped. And so the Office of Special Investigations—the plumbers unit—was established, and Nixon’s obliging top aides drew up “Hunt/Liddy Special Project No. 1,” the goal of which was to recover damaging intel on Ellsberg.

Once it was revealed, the break-in at the office of Dr. Lewis Fielding was considered by observers—as it had been by Nixon himself—to be far more serious than the Watergate break-in. Even conservative members of Congress were shocked. During hearings by a special Senate committee in the summer of 1973, Georgia’s conservative Democratic Senator Herman Talmadge (southern Democrats hadn’t yet gone red) asked Ehrlichman if he recalled the English principle in which “no matter how humble a man’s cottage is, even the king of England cannot enter without his consent.” Ehrlichman replied chillingly, “I am afraid that that has been considerably eroded over the years.”

As it happens, the burglars found no medical papers about Ellsberg in Dr. Fielding’s files. Nevertheless, that particular raid had far-reaching consequences. It remained secret until Ellsberg’s 1973 trial, when the Justice Department was obliged to disclose it. Citing this stunning news, the presiding judge dismissed the case against Ellsberg, saying that the administration’s behavior “offend[s] a sense of justice.” The Fielding break-in was incorporated into the articles of impeachment against Nixon.

Another oft-repeated Watergate myth, which arose from those Senate hearings, is that the committee vice-chair, Tennessee Republican Howard Baker, asked Nixon administration witnesses a particularly penetrating question: “What did the president know, and when did he know it?” This question was considered so clever that it’s been applied to determine whether Trump played a direct role in collaborating with the Russians in the 2016 presidential election. In fact, Baker was working with the Nixon White House, and the point of the question was to narrow the grounds for holding Nixon to blame for the Watergate break-in; unless a witness could pinpoint precisely that Nixon knew, for example, about the Watergate break-in ahead of time, he was blameless and couldn’t be held accountable for the acts of his aides and hired thugs.

The question of whether to hold a president accountable for the acts of his aides was a critical question facing the House Judiciary Committee in the summer of 1974, as it considered articles of impeachment. The most important of the three that it adopted, which it approved on July 30, was Article II, which accused Nixon of various abuses of power—wiretapping, using government agencies against his “enemies”—and also suggested that the president could be held responsible for a given “pattern or practice” on the part of his aides, meaning that simply winking and nodding would not insulate him from their untoward acts. The president determines the climate of the White House, and his aides can often ascertain what he wants done without receiving specific instructions. In effect, it didn’t matter whether Nixon knew about the Watergate break-in beforehand—according to Article II, he was implicated in it regardless.

A third widely misunderstood and highly important event that occurred shortly before the end of the Nixon presidency was the discovery of an excerpt from three tapes that Nixon, under pressure from his staff and the public, released belatedly on August 5. The tapes captured conversations between Nixon and Haldeman on June 23, three days after their initial meeting following the discovery of the Watergate burglars. The president admitted that he had withheld the recordings from even his own lawyers and staff, though in a seeming contradiction, he added that he hadn’t realized the “implications” of their contents. An unusually contrite Nixon admitted that it is “clear that portions of the tapes of these June 23 conversations are at variance with certain of my previous statements.” In a key passage, Nixon could be heard instructing Haldeman to tell the C.I.A. to tell the F.B.I. to halt its investigation into the Watergate case, for the sake of protecting matters pertaining to national security—a well-worn excuse for all sorts of misuses of power.

Here was indisputable evidence that the president was obstructing justice. And this, the myth goes, is why Nixon was forced to resign. In fact, by the time the missing piece of tape was released, the House Judiciary Committee had already approved, on a bipartisan basis, its three articles of impeachment (one was about obstruction of justice), and Nixon’s political position was so weakened by now that it was widely assumed he would be impeached and convicted. The scrap of tape only hastened his departure.

Nixon, photographed departing in his helicopter after resigning as U.S. president in 1974.

By Bill Pierce/The LIFE Images Collection/Getty Images.

As it turns out, Trump isn’t the only president whose aides occasionally saved him from himself by disregarding his orders. Nixon was often drunk at night (a condition exacerbated by Dilantin, an anti-convulsant that he’d been erroneously advised would help with depression), and he’d telephone aides at all hours to bark out instructions, once ordering the firing of an entire floor of State Department officials the next day. Those who received the calls were forced to use their (questionable) judgment to determine which orders to carry out, and which to ignore. One of the most infamous examples of this phenomenon was when Nixon instructed the plumbers to firebomb the Brookings Institution, where two former Johnson administration officials who’d worked on the Pentagon Papers were believed to be keeping unreleased portions of the report. In the confusion that was to be caused by the fire, the plumbers were instructed to break into said files and retrieve the unpublished papers. But someone on Nixon’s staff headed off this harebrained scheme. As it happened, neither man’s office contained even a file cabinet.

The events involving the break-ins and Nixon’s attempts to avoid prosecution—milquetoast in contrast to Trump’s—were more than a series of simple criminal acts. They were, in essence, a constitutional crisis. For some time, the question was whether the president could be held accountable to the Congress or the courts, as intended by the Constitution. But the situation was still more alarming than that: the Watergate break-in, as well as other activities perpetrated by Nixon’s goon squad, were parts of an effort by a sitting president to affect—if not determine—his Democratic opponent in the next election. Faced with a slate of possible opponents, including Ted Kennedy and Edmund Muskie, Nixon and his aides concluded that these potentially formidable candidates should be knocked out of the race, and that by contrast, Nixon believed, George McGovern, an anti-Vietnam War liberal (though he was a World War II hero), would be easy pickings in the general election. Ultimately, McGovern was chosen as the Democratic nominee, thanks in part to the machinations of the current governing party—an effort that veered dangerously close to fascism.

What may ultimately have saved the country was the fact that the plumbers botched every operation they undertook. In an act of carelessness that came to define their leadership, Hunt and Liddy had their picture taken in front of Dr. Fielding’s office door using a C.I.A.-supplied camera. (They then asked the C.I.A. to develop the pictures when they returned to Washington, which meant the agency had a copy of the two men at the site of their first and most serious misdeed.) The famous Watergate break-in was actually the plumbers’ fourth attempt at, in Nixon’s terms, “getting the goods” on D.N.C. chairman Lawrence O’Brien, whose office was in the Watergate complex. During their first attempt, they staged a dinner in the building as a pretext for a raid, but somehow ended up locked in a closet overnight. On their second try, they reached the D.N.C. offices, but discovered that they lacked the right equipment for breaking the lock. After one of the burglars returned to Miami to acquire said tool, they managed to break into the D.N.C.’s Watergate offices on their third attempt, over Memorial Day weekend of 1972. There, they bugged phones and photographed certain documents. But the tap on O’Brien’s phone didn’t work, and John Mitchell, formerly Nixon’s attorney general and now the chairman of his re-election committee, was said to have denounced the fuzzy pictures as “junk.” (Though it’s doubtful that that’s the exact word he used.) He instructed the plumbers to return.

Finally, the details around why a group of Republican leaders urged Nixon to resign have been misrepresented. The widely held belief, then and now, has been that the G.O.P. eminences from Capitol Hill, who told Nixon that his support among their colleagues had evaporated, acted courageously, out of patriotism. In truth, Nixon still had pockets of support around the country. These supposed courageous statesmen were hoping to avoid an inconvenient vote against the president. Nixon, anxious to keep his pension and to be granted the staff accorded presidents after they leave office voluntarily, agreed. He needed to pay off his sizable legal bills, and he wanted a staff to help write his memoirs and plot a return to public life—a scheme in which he succeeded beyond anyone’s wildest dreams. And so, on August 9, 1974, Nixon became the first president in our lifetime to resign from office. Before long, we may find out whether he will be the last.

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“Summer of ’73” — the Senate Watergate Hearings — when my wife Cathy and I arrived in Washington, D.C. and settled down across the river in Alexandria, VA. Alexandria was then home to the notorious Presidential Counsel John Dean who once testified that Nixon’s Chief Domestic Affairs Adviser, the equally notorious John Ehrlichman, suggested that he could use his short commute across the Potomac to “deep six” potentially incriminating evidence by throwing it in the river!

That led my cousin’s husband to (jokingly, of course) suggest that my job prospects in the Nixon Justice Department would be greatly improved by my Alexandria address!

Gotta give Trumpie credit for making “slimeballs of the past” like Ehrlichman & Dean “relevant” again.

PWS

10-15-18

NYT EDITORIAL: “DON’S CONS” — TRUMP TAKES CORRUPTION TO A NEW LEVEL!

https://www.nytimes.com/2018/08/21/opinion/manafort-cohen-guilty.html?em_pos=large&emc=edit_ty_20180822&nl=opinion-today&nlid=79213886edit_ty_20180822&ref=headline&te=1

All the President’s Crooks

One of them, Mr. Trump’s own lawyer, has now implicated him in a crime.

By The Editorial Board

The editorial board represents the opinions of the board, its editor and the publisher. It is separate from the newsroom and the Op-Ed section.

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Michael Cohen and Paul Manafort.CreditLeft, Jeenah Moon for The New York Times; right, Zach Gibson/Bloomberg, via Getty Images

From the start of the Russia investigation, President Trump has been working to discredit the work and the integrity of the special counsel, Robert Mueller; praising men who are blatant grifters, cons and crooks; insisting that he’s personally done nothing wrong; and reminding us that he hires only the best people.

On Tuesday afternoon, the American public was treated to an astonishingsplit-screen moment involving two of those people, as Mr. Trump’s former campaign chief was convicted by a federal jury in Virginia of multiple crimes carrying years in prison at the same time that his longtime personal lawyer pleaded guilty in federal court in New York to his own lengthy trail of criminality, and confessed that he had committed at least some of the crimes “at the direction of” Mr. Trump himself.

Let that sink in: Mr. Trump’s own lawyer has now accused him, under oath, of committing a felony.

Only a complete fantasist — that is, only President Trump and his cult — could continue to claim that this investigation of foreign subversion of an American election, which has already yielded dozens of other indictments and several guilty pleas, is a “hoax” or “scam” or “rigged witch hunt.”

Related in Opinion
Opinion | Noah Bookbinder, Barry Berke and Norman L. Eisen
What the Manafort Verdict Means

Opinion | Ken White
Can Michael Cohen Bring Down Trump?

The conviction of Paul Manafort, who ran the Trump campaign for three months in 2016, was a win for prosecutors even though jurors were unable to reach a verdict on 10 of the 18 counts against him. On the other eight, which included bank fraud, tax fraud and a failure to report a foreign bank account, the jury agreed unanimously that Mr. Manafort was guilty. He is scheduled to go on trial in a separate case next month in Washington, D.C., on charges including money laundering, witness tampering, lying to authorities and failing to register as a foreign agent. Mr. Manafort faces many decades behind bars, although he will probably serve less than that under federal sentencing guidelines.

A few hundred miles to the north, in New York City, Michael “I’m going to mess your life up” Cohen stood before a federal judge and pleaded guilty to multiple counts of bank and tax fraud as well as federal campaign-finance violations involving hush-money payments he made to women who said they’d had sex with Mr. Trump. Mr. Cohen, who spent years as Mr. Trump’s personal lawyer and “fix-it guy” (his own words), was under investigation by federal prosecutors in Manhattan, to whom Mr. Mueller referred his case. In April, F.B.I. agents raided Mr. Cohen’s office, home and hotel room looking for evidence of criminality on a number of fronts. Apparently they found it.

Mr. Cohen didn’t agree at Tuesday’s hearing to cooperate with prosecutors, but if he eventually chooses to, that could spell even bigger trouble for Mr. Trump. Mr. Cohen has been involved in many of Mr. Trump’s dealings with Russia, including his aborted effort to build a Trump Tower in Moscow, and could shed light on connections between the Trump presidential campaign and Russian officials involved in the 2016 election interference.

But back to Tuesday’s news. Mr. Manafort was not an original target of the inquiry by Mr. Mueller, who was appointed in May of last year to look into possible ties between the Trump campaign and efforts by Russian government officials to interfere in the election. But Mr. Mueller’s mandate authorized him to investigate any other crimes that arose in the course of his work. It didn’t take long. As soon as he and his lawyers started sniffing around, the stench of Mr. Manafort’s illegality was overpowering.

As a longtime lobbyist and political consultant who worked for multiple Republican candidates and presidents, Mr. Manafort had a habit of lying to banks to get multimillion-dollar loans and hiding his cash in offshore accounts when tax time rolled round. In at least one case, he falsely characterized $1.5 million as a loan to avoid paying taxes on it, then later told banks that the loan had been “forgiven” so he could get another loan.

He also enriched himself by working for some of the world’s most notorious thugs and autocrats, including Ferdinand Marcos in the Philippines, Jonas Savimbi in Angola and Mobutu Sese Seko of the Democratic Republic of Congo. He helped elect the pro-Kremlin Viktor Yanukovych as president of Ukraine, a job that earned him millions until Mr. Yanukovych was ousted from power in 2014.

Despite this mercenary history — or perhaps, more disturbingly, because of it — Donald Trump, while running on promises to clean up Washington, hired Mr. Manafort to run his presidential campaign, a job he may well have kept but for news reports that he was receiving and hiding millions of dollars from his work on behalf of Mr. Yanukovych.

What does it tell you about Mr. Trump that he would choose to lead his campaign someone like Mr. Manafort, whom even on Tuesday he called a “good man”? It tells you that Mr. Trump is consistent, and consistently contemptuous of honesty and ethics, because he has surrounded himself with people of weak, if not criminal, character throughout his career.

RELATED
More on Mr. Cohen and Mr. Manafort
Trump Praises Manafort for Refusing to ‘Break,’ Unlike Cohen, His Former Fixer

Cohen and Manafort Are in Deeper Legal Trouble. Mueller Could Benefit.

Michael Cohen Says He Arranged Payments to Women at Trump’s Direction

Paul Manafort, Trump’s Former Campaign Chairman, Guilty of 8 Counts

A One-Two Punch Puts Trump Back on His Heels

While the president has so far dodged questions about whether he will pardon Mr. Manafort, he’s already shown a willingness to make a mockery of the justice system with his pardons of unrepentant lawbreakers like Sheriff Joe Arpaio and Dinesh D’Souza. Last year, the president’s lawyer dangled the prospect of a pardon to lawyers for Mr. Manafort and Michael Flynn, Mr. Trump’s first national security adviser. If Mr. Trump were to follow through and grant clemency to Mr. Manafort, it would make his pardon of Mr. Arpaio look like the signing of the Civil Rights Act.

You’re forgiven if you’ve lost track of all the criminality, either charged or admitted, that has burst forth from Mr. Trump’s circles in the last couple years even as Mr. Trump has continued to claim that the investigation is a hoax, a pointless waste of taxpayer dollars. So here’s a brief refresher:

In addition to the prosecution of Mr. Manafort, the special counsel’s office has secured guilty pleas from multiple people, including Mr. Flynn and George Papadopoulos, a foreign policy adviser on the Trump campaign, both of whom lied to federal investigators about their communications with Russian officials.

Others have pleaded guilty to identity fraud and making false statements. Mr. Manafort’s longtime associate Rick Gates also pleaded guilty and testified against his former boss.

Meanwhile, Mr. Mueller has charged more than a dozen Russian individuals and companies for their roles in a coordinated and deceptive social-media campaign aimed at hurting Hillary Clinton’s candidacy and helping Mr. Trump’s. Some Trump campaign officials were unwittingly in contact with some of these defendants.

Mr. Mueller has also charged a dozen Russian military officials with hacking and helping to release emails of the Clinton campaign and the Democratic National Committee. The hackers first tried to break into Mrs. Clinton’s personal servers on July 27, 2016 — the same day that Mr. Trump publicly called on Russians to do exactly that.

And he has charged Konstantin Kilimnik, a Russian associate of Mr. Manafort and a suspected spy, with obstructing justice.

As Mr. Trump rages on about the unfairness of the investigation, remember that Mr. Mueller has been on the job for just 15 months. For comparison, the Watergate investigation ran for more than two years before it brought down a president and sent dozens of people to prison. The Iran contra investigation dragged on for about seven years, as did the Whitewater investigation, which resulted in President Bill Clinton’s impeachment.

Also remember we still don’t know anything about the ultimate fate of several other Trump associates who have been under Mr. Mueller’s microscope, including Roger Stone, Carter Page and Donald Trump Jr. (“If it’s what you say I love it especially later in the summer”).

For a witch hunt, Mr. Mueller’s investigation has already bagged a remarkable number of witches. Only the best witches, you might say.

Follow The New York Times Opinion section on Facebook and Twitter (@NYTOpinion), and sign up for the Opinion Today newsletter.

A version of this article appears in print on , on Page A20 of the New York edition with the headline: All the President’s Crooks. Order Reprints | Today’s Paper | Subscribe
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Unfortunately, the Trump Circus is just picking up steam.  We’re sure to be subjected to a “carpet bombing” of lies, tweets, insults, and threats as the Emperor’s clothes come off piece by piece while the emasculated GOP Congress merely sits and watches. And, of course, there will be the “normal” Trump strategy of attempting to shift blame to the victims and away from himself and the other corrupt individuals associated with him. Seems Trumpie owes Stormy (and Melania) an apology
PWS
08-22-18

SCOFFLAWS: SESSIONS & NIELSEN LIE, CONFUSE, AND OBFUSCATE TO HIDE REAL ILLEGAL INTENT BEHIND CHILD ABUSE POLICY!

https://www.huffingtonpost.com/entry/trumps-family-separation-policy-is-meant-to-deter-immigration-that-could-make-it-illegal_us_5b194b89e4b0599bc6e17605

Roque Planas reports for HuffPost:

You won’t hear Homeland Security Secretary Kirstjen Nielsen call this “deterrence.”

The aim of President Donald Trump’s new policy of splitting kids from their mothers at the border is, in a word, deterrence: The White House wants to discourage more immigrants from trying to enter the United States.

Kirstjen Nielsen, Trump’s secretary of homeland security, is careful not to say this outright — she dodged a direct question on the subject from Sen. Kamala Harris (D-Calif.) at a hearing last month.

Central American immigrants walk after crossing the U.S.-Mexico border to turn themselves in to Border Patrol agents in Febru

JOHN MOORE VIA GETTY IMAGES
Central American immigrants walk after crossing the U.S.-Mexico border to turn themselves in to Border Patrol agents in February near McAllen, Texas. The Trump administration adopted a policy in May of intentionally separating mothers from their children at the border in order to deter migrants from crossing illegally into the U.S.

There’s a reason Nielsen and other administration officials shy away from attaching the word “deterrence” to the new policy: Changing immigrant detention policy as a way to deter undocumented people from coming to the U.S. is illegal, federal courts have repeatedly ruled. So now she and other Trump administration officials find themselves struggling to defend a family separation policy whose clear ambition is deterrence.

A growing number of mothers have crossed into the United States since 2014, often from Central America and often requesting asylum. Other administration officials were blunter in the past when discussing a policy that would split the families up to scare them away from coming.

The Department of Homeland Security was considering separating children from their parents “in order to deter” undocumented immigration, White House chief of staff John Kelly told CNN while serving as Nielsen’s predecessor last year. And Gene Hamilton, a former aide to Attorney General Jeff Sessions, asked participants at a meeting last August on the policy to “generate paperwork laying out everything we could do to deter immigrants from coming to the U.S. illegally,” according to The New Yorker.

Whether or not the deterrence goal is spelled out, the strategy is likely to backfire. Former President Barack Obama learned that lesson in 2015, when a federal judge in Washington blocked his plans to lock up Central American immigrant mothers and their kids without bond to deter others from trying to cross the border.

U.S. District Judge James Boasberg ruled that the federal government can’t detain immigrants indefinitely for the sake of deterrence alone. Instead, the decision to detain needed to be based on whether the immigrant posed a threat to the community or a flight risk.

The Obama administration was forced to provide bond hearings to the migrants in family detention. A separate ruling that year ordered the Obama administration to start releasing people from family detention after three weeks in order to comply with the Flores settlement, a 1997 deal that bars the government from locking up children in detention centers.

The Trump administration hopes to skirt the rulings that got Obama officials into trouble by prosecuting immigrant parents at the border. The federal government can’t jail children while their mothers await trial, so immigration authorities transfer them to the Office of Refugee Resettlement to find a sponsor or to non-secured facility to hold them, as if they arrived by themselves.

But this legal maneuver stands on the same shaky ground.

“Whether the deterrence to seeking protection is being done by detaining families or separating families doesn’t make a whole lot of difference,” said Michelle Brané, the director of the Migrant Rights and Justice Program at the Women’s Refugee Commission. “They’re both punishing families for seeking protection, and protection to which they have the right under U.S. law.”

The Trump administration is already running into legal trouble over its policy. The American Civil Liberties Union filed a lawsuit in federal court in Southern California to overturn Trump’s family separation policy, asking U.S. District Judge Dana Sabraw for a nationwide injunction to halt the practice. At a hearing on May 4, Sabraw repeatedly asked whether the Trump administration had adopted the family separation policy to deter others.

“If there were a blanket policy to separate for deterrence value, would that be legal?” Sabraw asked, according to a transcript of the hearing. “Would that pass muster under the Fifth Amendment?”

The judge did not receive a straight answer. The government’s lawyer, Sarah Fabian, instead argued that the government wasn’t separating mothers from their kids systematically, and only following existing immigration law to do so.

Attorney General Jeff Sessions undermined her argument three days later, when he announced that the Justice Department’s “zero tolerance” policy for prosecuting border-crossers included mothers who cross with their children.

Lee Gelernt, the lawyer leading the ACLU lawsuit, called the government lawyer’s unwillingness or inability to defend family separation on the merits without resorting to the legally fraught term “deterrence” significant.

“The government still needs a persuasive justification for separating children,” Gelernt wrote in an email. “And the government has not provided one.”

On Wednesday, Sabraw ordered that the case against family separation can move forward, over the Trump administration’s objections. Although he has yet to rule on the case’s merits, his order did not augur well for the federal government.

Implementing a family separation policy to deter other migrants “arbitrarily tears at the sacred bond between parent and child,” Sabraw wrote. “Such conduct, if true, as it is assumed to be on the present motion, is brutal, offensive, and fails to comport with traditional notions of fair play and decency.”

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Ah, the never-ending legal, moral, and intellectual corruption and dishonesty of the Trumpsters!

Take depositions — force them to lie under oath or admit they have been lying publicly. And, as I recently pointed out, most Article III Federal Judges, who actually have contempt of court authority, take a dim view of perjury by Cabinet Officers in their court proceedings.

I also think that even under the Supreme’s restrictive standards, there is an ever increasing possibility of actually imposing monetary damages on Nielsen, Sessions, and others for their intentional denial of Constitutional rights and their dishonest schemes to conceal their true intent. I actually think that when the full truth some day comes out, we will find not only illegal deterrence, but rather clear evidence of racial animus underlying Sessions’s policies. To be honest, Sessions has turned the entire U.S. Immigration Court system into a tool for enforcement deterrence — a huge violation of Due Process, as well as an astounding conflict of interest and violation of ethics.

Also, not surprisingly, the name of Sessions’s restrictionist crony Gene Hamilton has surfaced in connection with this scheme.

PWS

06-11-18

DUE PROCESS UPDATE: COULD ACCOUNTABILITY FOR CONSTITUTIONAL SCOFFLAWS SESSIONS & NIELSEN BE ON THE HORIZON? – US District Judge Finds “At a minimum, the facts alleged are sufficient to show the government conduct at issue “shocks the conscience” and violates Plaintiffs’ constitutional right to family integrity. Accordingly, Defendants’ motion to dismiss Plaintiffs’ due process claim is denied.”

Judge rules that challenge to family separation at border can proceed

By Tal Kopan, CNN

A federal judge in California ruled Wednesday that a challenge to the practice of separating parents seeking asylum from children at the border can proceed.

The ACLU brought the case against the Trump administration.

In her opinion, the  said “at a minimum, the facts alleged are sufficient to show the government conduct at issue ‘shocks the conscience’ and violates Plaintiffs’ constitutional right to family integrity. Accordingly, Defendants’ motion to dismiss Plaintiffs’ due process claim is denied.”

The ruling is a victory for critics of the administration’s separation of families — though plenty of hurdles remain before the practice is outlawed.

The ruling does not mean the challenge will ultimately succeed — but it is a substantial step for critics of any separating families who say the practice is abhorrent enough that it should be unconstitutional in any case. The judge’s ruling Wednesday keeps that argument alive.

More: http://www.cnn.com/2018/06/07/politics/family-separation-ruling/index.html

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Here’s a copy of Judge Dana Sabraw’s complete order in Ms. L v. ICE.  I particularly recommend Part II (E) which sets forth an excellent discussion of how Due Process applies to individuals physically in the U.S. regardless of status.

Interestingly, although the statement of the law of Due Process was basically uncontested by the DOJ attorneys on the case, it conflicts in both tone and substance from most, if not all, of the statements about foreign nationals made by Trump, Sessions, Nielsen, Miller, Cotton, Goodlatte, and the rest of the GOP “White Nationalist gang” who seldom acknowledge that migrants coming to our Southern Border are human beings, let alone that they are actually protected by our Constitution!

Ms L v ICE order 6-6-18

Thanks to my good friend and “immigration guru” Professor Stephen Yale-Loehr of Cornell Law for sending me this decision!

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I hope that the ACLU will depose Sessions in connection with this case. He has “spun” and lied about what’s really happening to asylum applicants, including those who appear at the border and apply for asylum without making an unlawful entry. Indeed, the “named plaintiff Ms L” is just such an individual who was, for no apparent reason other than cruelty and “deterrence,” separated from her young daughter for 4 months. She was only released when the ACLU filed this case.

Read this account by Jenny Samuels, ACLU Editorial Staff, about Sessions’s web of deceit, legal misrepresentation, and lack of human decency and morality. https://www.aclu.org/blog/immigrants-rights/immigrants-rights-and-detention/jeff-sessions-deceitful-spin-family

Sessions has a history of bias, lawless behavior, and being a less than credible witness under oath. And, a U.S. District Judge might take misrepresentations or perjury more seriously than did the GOP Senators (Sessions’s former colleagues) on the Judiciary Committee.

Although the ultimate resolution of this case might be years down the line, it also raises an interesting question of whether Sessions, Nielsen, and other DHS officials can be held personally liable for a “Bivens Constitutional Tort” if they knowingly and intentionally violated the established Due Process rights of the plaintiffs. If the plaintiffs are correct in their allegations, it certainly seems that this is exactly what happened. Sessions is quickly establishing himself as one of the worst, probably the very worst, “Constitutional Scofflaws” in recent memory.

How bad is Sessions’s lack of respect for the Constitution? Bad enough that the three career DOJ Attorneys assigned to defend the ACA withdrew from the case for ethical reason after Sessions’s latest all out attack on the “rule of law:” His completely disingenuous political decision not to defend further the Government’s previously-established position that the ACA is Constitutional. See https://www.vox.com/the-big-idea/2018/6/8/17442238/trump-aca-obamacare-texas-department-of-justice-rule-of-law

While the scared asylum applicants and their children that Sessions and his cronies seek to persecute present no real threat to our security as a nation, Jeff Sessions and his continuing war on equal justice for all, human decency, the law, ethics, and our Constitution is an existential threat to our national security and future as a democracy. He must be thwarted and eventually removed from office through our Constitutional system before it’s too late for everyone!

PWS

06-09-18

 

 

 

GONZO’S WORLD: “Apocalypto” & “Mikey P” Headline SNL “Cold Opening” Featuring “Michael ‘The Fixer’ Cohen” & “Bob Mueller”

Here’s the link:

https://apple.news/AkZhe3YpoQsOHijc1PgzkZQ

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I’m betting that when the time comes that our poor nation finally is relieved of Gonzo’s “services” as AG, unlike the late Janet Reno he won’t be showing up for any live appearances on SNL. Perhaps, he’ll be out on bond awaiting trial. At least he’s smart enough to hire “Chuckie” Cooper as his mouthpiece rather than “The Fixer!”

 

PWS

054-15-18

 

WILL “COHEN RAID” LEAD TO TRUMP’S DOWNFALL? — The New Yorker’s Adam Davidson Thinks So — But, I Wouldn’t Count On It!

https://www.newyorker.com/news/news-desk/michael-cohen-and-the-end-stage-of-the-trump-presidency

Davidson writes:

I thought of those earlier experiences this week as I began to feel a familiar clarity about what will unfold next in the Trump Presidency. There are lots of details and surprises to come, but the endgame of this Presidency seems as clear now as those of Iraq and the financial crisis did months before they unfolded. Last week, federal investigators raided the offices of Michael Cohen, the man who has been closer than anybody to Trump’s most problematic business and personal relationships. This week, we learned that Cohen has been under criminal investigation for months—his e-mails have been read, presumably his phones have been tapped, and his meetings have been monitored. Trump has long declared a red line: Robert Mueller must not investigate his businesses, and must only look at any possible collusion with Russia. That red line is now crossed and, for Trump, in the most troubling of ways. Even if he were to fire Deputy Attorney General Rod Rosenstein and then had Mueller and his investigation put on ice, and even if—as is disturbingly possible—Congress did nothing, the Cohen prosecution would continue. Even if Trump pardons Cohen, the information the Feds have on him can become the basis for charges against others in the Trump Organization.

This is the week we know, with increasing certainty, that we are entering the last phase of the Trump Presidency. This doesn’t feel like a prophecy; it feels like a simple statement of the apparent truth. I know dozens of reporters and other investigators who have studied Donald Trump and his business and political ties. Some have been skeptical of the idea that President Trump himself knowingly colluded with Russian officials. It seems not at all Trumpian to participate in a complex plan with a long-term, uncertain payoff. Collusion is an imprecise word, but it does seem close to certain that his son Donald, Jr., and several people who worked for him colluded with people close to the Kremlin; it is up to prosecutors and then the courts to figure out if this was illegal or merely deceitful. We may have a hard time finding out what President Trump himself knew and approved.

However, I am unaware of anybody who has taken a serious look at Trump’s business who doesn’t believe that there is a high likelihood of rampant criminality. In Azerbaijan, he did business with a likely money launderer for Iran’s Revolutionary Guard. In the Republic of Georgia, he partnered with a group that was being investigated for a possible role in the largest known bank-fraud and money-laundering case in history. In Indonesia, his development partner is “knee-deep in dirty politics”; there are criminal investigations of his deals in Brazil; the F.B.I. is reportedly looking into his daughter Ivanka’s role in the Trump hotel in Vancouver, for which she worked with a Malaysian family that has admitted to financial fraud. Back home, Donald, Jr., and Ivanka were investigated for financial crimes associated with the Trump hotel in SoHo—an investigation that was halted suspiciously. His Taj Mahal casino received what was then the largest fine in history for money-laundering violations.

Listing all the financial misconduct can be overwhelming and tedious. I have limited myself to some of the deals over the past decade, thus ignoring Trump’s long history of links to New York Mafia figures and other financial irregularities. It has become commonplace to say that enough was known about Trump’s shady business before he was elected; his followers voted for him precisely because they liked that he was someone willing to do whatever it takes to succeed, and they also believe that all rich businesspeople have to do shady things from time to time. In this way of thinking, any new information about his corrupt past has no political salience. Those who hate Trump already think he’s a crook; those who love him don’t care.

I believe this assessment is wrong. Sure, many people have a vague sense of Trump’s shadiness, but once the full details are better known and digested, a fundamentally different narrative about Trump will become commonplace. Remember: we knew a lot about problems in Iraq in May, 2003. Americans saw TV footage of looting and heard reports of U.S. forces struggling to gain control of the entire country. We had plenty of reporting, throughout 2007, about various minor financial problems. Somehow, though, these specific details failed to impress upon most Americans the over-all picture. It took a long time for the nation to accept that these were not minor aberrations but, rather, signs of fundamental crisis. Sadly, things had to get much worse before Americans came to see that our occupation of Iraq was disastrous and, a few years later, that our financial system was in tatters.

The narrative that will become widely understood is that Donald Trump did not sit atop a global empire. He was not an intuitive genius and tough guy who created billions of dollars of wealth through fearlessness. He had a small, sad operation, mostly run by his two oldest children and Michael Cohen, a lousy lawyer who barely keeps up the pretenses of lawyering and who now faces an avalanche of charges, from taxicab-backed bank fraud to money laundering and campaign-finance violations.

Cohen, Donald, Jr., and Ivanka monetized their willingness to sign contracts with people rejected by all sensible partners. Even in this, the Trump Organization left money on the table, taking a million dollars here, five million there, even though the service they provided—giving branding legitimacy to blatantly sketchy projects—was worth far more. It was not a company that built value over decades, accumulating assets and leveraging wealth. It burned through whatever good will and brand value it established as quickly as possible, then moved on to the next scheme.

There are important legal questions that remain. How much did Donald Trump and his children know about the criminality of their partners? How explicit were they in agreeing to put a shiny gold brand on top of corrupt deals? The answers to these questions will play a role in determining whether they go to jail and, if so, for how long.

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Read Davidson’s complete article at the link.

i certainly have no trouble believing that Trump is a sleazy second-rate criminal. However, he’s a sleazy second-rate criminal who has escaped truth and accountability for his entire life. Tough for me to see him being held accountable now. In my view, accountability will require at least some GOP help. No sign of any spine in a party that’s become no better, and in some ways even worse, than Trump and his “core thugocracy.”

PWS

04-15-18

DAVID LEONHARDT @ NYT — GOP SCOFFLAWS TRUMP & SESSIONS HAVE WORKED HARD TO DESTROY JUSTICE AT THE DEPARTMENT OF JUSTICE – But, The Law Might Yet Rise Up To Bite Both Of Them!

Leonhardt writes in the NY Times:

 

There are a good number of lawyers who don’t love their jobs. Sure, the pay is often good. But the hours can be long and the work narrow, leaving many people without much sense of a mission.

The lawyers who work for the Department of Justice, however, tend to feel quite differently about their work.

I’ve known and interviewed many over the years, and they have some of the highest job satisfaction of any group of people I can think of. “You get to do good for a living, and in the name of your country,” as James Comey said in a 2005 speech to Justice Department employees (the same speech I highlighted in my column earlier this week). “If that doesn’t motivate you to work hard, nothing will.”

To many Justice Department lawyers, doing good means pursuing equality under the law. They see themselves as representing some of the highest American ideals: Every citizen deserves the protection of the law, and no citizen is above the law.

Donald Trump does not share the view that the United States has a fundamental set of rules that apply alike to rich and poor, powerful and powerless. “Trump isn’t someone who played close to the line a time or two, or once did a shady deal. He may well be the single most corrupt major business figure in the United States of America,” The Washington Post’s Paul Waldman wrote yesterday. Waldman then listed Trump’s scams: Trump University, bankrupt casinos, illegal labor, stiffed vendors and on and on and on.

He has often figured out how to stop shy of outright illegality or, in other cases, to violate the law in ways that bring only minor sanctions. He has rarely faced big consequences for his misbehavior. But Trump now finds himself in a very different situation.

The scale of the misbehavior by him and his associates appears to be large. It occurred on perhaps the biggest national stage of all, in a presidential campaign. And dozens of talented, committed Justice Department officials have the assignment of figuring out what he actually did. Thank goodness for them and for the work they are doing.

“Mr. Trump has spent his career in the company of developers and celebrities, and also of grifters, cons, sharks, goons and crooks,” The Times editorial board writes. “He cuts corners, he lies, he cheats, he brags about it, and for the most part, he’s gotten away with it, protected by threats of litigation, hush money and his own bravado.”

But, as the headline of that piece bluntly puts it: “The law is coming, Mr. Trump.”

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It’s certainly ironic that Trump and Sessions no longer get along. They are both totally corrupt and dishonest in their own unique ways. Each is a fraud in his own right. And their shared dedication to intellectual dishonesty, bullying, racism, White Nationalism, xenophobia, divisiveness, skewed justice, and every horrible aspect of America’s past certainly should be a uniting factor.

It would be nice to think that the justice system and Justice Department that they abuse every day in office will get the last laugh and eventually sack them up.  But, it’s by no means certain that justice will be done here. On the other hand, it’s highly unlikely that Trump, Sessions, or today’s GOP will escape the judgement of history for their misdeeds and the damage they are intentionally inflicting upon our country every day that they are allowed to remain in the offices for which they are so supremely unqualified.

PWS

04-12-18

GONZO’S WORLD: McCABE’S ATTORNEYS WONDER WHY HE WASN’T TREATED WITH THE SAME LENIENCY AS GONZO

Click on this picture for the NYT link:

https://www.nytimes.com/2018/03/21/us/politics/sessions-fbi-investigation-perjury.html

Adam Goldman, Katie Benner, Matt Apuzzo report for the NYT:

WASHINGTON — The F.B.I. investigated Attorney General Jeff Sessions for possible perjury last year over congressional testimony in which he said he had no contacts with Russians, according to three people familiar with the case.
In fact, Mr. Sessions later acknowledged, he had personally met the Russian ambassador to the United States during the campaign and was aware that George Papadopoulos, a campaign adviser, had developed Russian ties, too. F.B.I. agents were aware of both inaccuracies in real time. And last March, when Congress asked the F.B.I. to investigate the attorney general, agents began doing so, two of the people said.
Andrew G. McCabe, the F.B.I.’s deputy director at the time, authorized the investigation, the two people said. Mr. McCabe himself was recently fired for showing “lack of candor” in an internal investigation. Mr. Sessions rejected Mr. McCabe’s appeal and fired him hours before his retirement was to take effect, jeopardizing his pension.
The investigation into Mr. Sessions began before Robert S. Mueller III was appointed special counsel to investigate Russia-related matters. Mr. Sessions’s lawyer, Chuck Cooper, said no investigation is being conducted now.
“The special counsel’s office has informed me that after interviewing the attorney general and conducting additional investigation, the attorney general is not under investigation for false statements or perjury in his confirmation hearing testimony and related written submissions to Congress,” Mr. Cooper said in a statement.
The investigation was first reported by ABC News.
Perjury investigations based on congressional referrals are common, and the F.B.I. frequently investigates but seldom charges. But the fact that the attorney general himself was a focus of the Russia investigation, even if only peripherally and temporarily, shows how entangled the Trump administration has become in the case. Mr. Sessions is recused from any aspect of the investigation.
The investigation also adds a new layer to Mr. McCabe’s firing. Mr. McCabe’s lawyers have said that he did not lie and acted quickly to fix any inaccuracies or misunderstandings. Mr. Sessions has offered a similar defense, saying he never intended to mislead Congress.

. . . .

Mr. McCabe’s allies have pointed in recent days to these clarifications and asked why Mr. McCabe did not receive the same benefit of the doubt as the attorney general. But it is impossible to compare the cases because the Justice Department’s inspector general has not released his report explaining his concerns about Mr. McCabe’s candor.

. . . .

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Go to the above link to read the complete article in the NYT.

Double standards are the norm in the Trump Administration and the DOJ. Ethics laws, civil rights laws, environmental laws, asylum laws, conflict of interest laws, civil service protections all are applied selectively to favor “friends of the Administration” and punish “enemies.” Just like in any good Banana Republic like the “B.A.R.!”

PWS

03-23-18

 

 

GONZO’S WORLD: DEEP IRONY – He Might Have Fired McCabe Over Alleged “Lack Of Candor,” But Apocalyoto’s Own Lies, Misrepresentations, And Unlikely “Memory Lapses” Might Finally Catch Up With Him!

https://slate.com/news-and-politics/2018/03/sessions-firing-of-mccabe-violated-his-promise-to-recuse.html

Ryan Goodman reports for Slate:

“Attorney General Jeff Sessions’ decision to fire former FBI deputy director Andrew McCabe appears to directly violate the promise Sessions made, under oath, to recuse himself from such matters.

Some might contend that Sessions’ recusal covered only the Clinton and Trump campaigns, and that McCabe’s firing involved the Clinton Foundation investigation as a separate matter. But Sessions unequivocally assured senators of his intentions during his January 2017 confirmation hearings in response to a clear and specific question from the chair of the Senate Judiciary Committee, Sen. Chuck Grassley. Sen. Grassley asked a follow-up question that went right to the point. In response, Sessions very clearly said his recusal would cover any matters involving the Clinton Foundation.

Here is the full exchange:

Grassley: During the course of the presidential campaign, you made a number of statements about the investigation of former Secretary of State Hillary Clinton, relating to her handling of sensitive emails and regarding certain actions of the Clinton Foundation. You weren’t alone in that criticism. I was certainly critical in the same way as were millions of Americans on those matters, but now, you’ve been nominated to serve as attorney general. In light of those comments that you made, some have expressed concerns about whether you can approach the Clinton matter impartially in both fact and appearance. How do you plan to address those concerns?

Sessions: Mr. Chairman, it was a highly contentious campaign. I, like a lot of people, made comments about the issues in that campaign. With regard to Secretary Clinton and some of the comments I made, I do believe that that could place my objectivity in question. I’ve given that thought.

I believe the proper thing for me to do, would be to recuse myself from any questions involving those kind of investigations that involve Secretary Clinton and that were raised during the campaign or to be otherwise connected to it.

Grassley: OK. I think, that’s—let me emphasize then with a follow-up question. To be very clear, you intend to recuse yourself from both the Clinton email investigation and any matters involving the Clinton Foundation, if there are any?

Sessions: Yes.

This exchange has two implications for how one understands the scope of Sessions’ recusal. First, it goes to defining the scope of the recusal that Sessions made on March 2, 2017. If it is a close call whether the Clinton Foundation matter is sufficiently connected to the Clinton campaign for the purpose of understanding Sessions’ recusal, it should be deemed to be sufficiently connected. After all, that’s essentially what Sessions told Sen. Grassley. Second, if the Clinton Foundation matter is deemed outside the scope of the recusal statement that Sessions made back in March last year, then his decision to fire McCabe shows that he failed to honor the promise for a broader recusal which he clearly made to the Senate in its decision to confirm him as attorney general. The same goes for Hillary Clinton’s emails. Sen. Grassley’s questions and Sessions’ answers specifically covered any matters involving that investigation as well.”

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Meanwhile, over at Reuters, Karen Freifeld, Sarah N. Lynch, Mark Hosenball have uncovered some evidence that contradicts Gonzo’s “revised account” of his meeting at which George Papadopoulos’s proposed “Russia contacts” were discussed with Trump campaign officials including Gonzo. It now appears that Gonzo’s story that he immediately and strongly denounced them could be a fabrication. Or just another “memory lapse.”

“WASHINGTON (Reuters) – U.S. Attorney General Jeff Sessions’ testimony that he opposed a proposal for President Donald Trump’s 2016 campaign team to meet with Russians has been contradicted by three people who told Reuters they have spoken about the matter to investigators with Special Counsel Robert Mueller or congressional committees.

Sessions testified before Congress in November 2017 that he “pushed back” against the proposal made by former campaign adviser George Papadopoulos at a March 31, 2016 campaign meeting. Then a senator from Alabama, Sessions chaired the meeting as head of the Trump campaign’s foreign policy team.

“Yes, I pushed back,” Sessions told the House Judiciary Committee on Nov. 14, when asked whether he shut down Papadopoulos’ proposed outreach to Russia.

Sessions has since also been interviewed by Mueller.

Three people who attended the March campaign meeting told Reuters they gave their version of events to FBI agents or congressional investigators probing Russian interference in the 2016 election. Although the accounts they provided to Reuters differed in certain respects, all three, who declined to be identified, said Sessions had expressed no objections to Papadopoulos’ idea.

One person said Sessions was courteous to Papadopoulos and said something to the effect of “okay, interesting.”

The other two recalled a similar response.

“It was almost like, ‘Well, thank you and let’s move on to the next person,’” one said.

However, another meeting attendee, J.D. Gordon, who was the Trump campaign’s director of national security, told media outlets including Reuters in November that Sessions strongly opposed Papadopoulos’ proposal and said no one should speak of it again. In response to a request for comment, Gordon said on Saturday that he stood by his statement.

Sessions, through Justice Department spokeswoman Sarah Isgur Flores, declined to comment beyond his prior testimony. The special counsel’s office also declined to comment. Spokeswomen for the Democrats and Republicans on the House Judiciary Committee did not comment.

Reuters was unable to determine whether Mueller is probing discrepancies in accounts of the March 2016 meeting.

The three accounts, which have not been reported, raise new questions about Sessions’ testimony regarding contacts with Russia during the campaign.

Sessions previously failed to disclose to Congress meetings he had with former Russian Ambassador Sergey Kislyak, and testified in October that he was not aware of any campaign representatives communicating with Russians.

U.S. Attorney General Jeff Sessions testifies before a House Judiciary Committee hearing on oversight of the Justice Department on Capitol Hill in Washington, U.S., November 14, 2017. REUTERS/Yuri Gripas

Some Democrats have seized on discrepancies in Sessions’ testimony to suggest the attorney general may have committed perjury. A criminal charge would require showing Sessions intended to deceive. Sessions told the House Judiciary Committee that he had always told the truth and testified to the best of his recollection.

Legal experts expressed mixed views about the significance of the contradictions cited by the three sources.

Sessions could argue he misremembered events or perceived his response in a different way, making any contradictions unintentional, some experts said.

Jonathan Turley, a law professor at George Washington University, said Sessions’ words might be too vague to form the basis of a perjury case because there could be different interpretations of what he meant.

United States Attorney General Jeff Sessions visits families of opioid overdose victims at the U.S. Attorney’s Office for the Eastern District of Kentucky in Lexington, Kentucky, U.S. March 15, 2018. REUTERS/John Sommers II

“If you’re talking about false statements, prosecutors look for something that is concrete and clear,” he said.

Other legal experts said, however, that repeated misstatements by Sessions could enable prosecutors to build a perjury case against him.

“Proving there was intent to lie is a heavy burden for the prosecution. But now you have multiple places where Sessions has arguably made false statements,” said Bennett Gershman, a Pace University law professor.

The March 2016 campaign meeting in Washington was memorialized in a photo Trump posted on Instagram of roughly a dozen men sitting around a table, including Trump, Sessions and Papadopoulos.

Papadopoulos, who pleaded guilty in October to lying to the Federal Bureau of Investigation about his Russia contacts, is now cooperating with Mueller.

According to court documents released after his guilty plea, Papadopoulos said at the campaign meeting that he had connections who could help arrange a meeting between Trump and Russian President Vladimir Putin.

Papadopoulos continued to pursue Russian contacts after the March 2016 meeting and communicated with some campaign officials about his efforts, according to the court documents.

Trump has said that he does not remember much of what happened at the “very unimportant” campaign meeting. Trump has said he did not meet Putin before becoming president.

Moscow has denied meddling in the election and Trump has denied his campaign colluded with Russia.

Reporting by Karen Freifeld, Sarah N. Lynch and Mark Hosenball; Additional reporting by Jonathan Landay in Washington and Jan Wolfe in New York; Editing by Anthony Lin, Noeleen Walder and Jeffrey Benkoe”

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Like Trump, Gonzo is a congenital liar who has been pushing his “White Nationalist alternate world view” for so long that he wouldn’t recognize truth if it hit him in the face. I don’t know if he will ever be held accountable for all of his biased disingenuous deeds. But, at some future point, someone will “unpack” all of Gonzo’s disastrous abuses — immigration, civil rights, criminal justice, prisons — of justice at the Department of Justice and preserve them for history.

MAX BOOT @ WASHPOST: A KLEPTOCRACY OF GRIFTERS – THE TRUMP ADMINISTRATION — “[T]here have been more crooked regimes — but only in banana republics. The corruption and malfeasance of the Trump administration is unprecedented in U.S. history.”

https://www.washingtonpost.com/opinions/the-trump-administrations-no-good-very-bad-wednesday/2018/03/01/7dc60fd2-1d69-11e8-ae5a-16e60e4605f3_story.html

Max Boot reports from The Swamp for the Washington Post:

“One of the great non-mysteries of the Trump administration is why Cabinet members think they can behave like aristocrats at the court of the Sun King. The Department of Housing and Urban Development spent $31,000 for a dining set for Secretary Ben Carson’s office while programs for the poor were being slashed. The Environmental Protection Agency has been paying for Administrator Scott Pruitt to fly first class and be protected by a squadron of bodyguards so he doesn’t have to mix with the great unwashed in economy class. The Department of Veterans Affairs spent $122,334 for Secretary David Shulkin and his wife to take what looks like a pleasure trip to Europe last summer; Shulkin’s chief of staff is accused of doctoring emails and lying about what happened. The Department of Health and Human Services paid more than $400,000 for then-Secretary Tom Price to charter private aircraft — a scandal that forced his resignation.

Why would Cabinet members act any differently when they are serving in the least ethical administration in our history? The “our” is important, because there have been more crooked regimes — but only in banana republics. The corruption and malfeasance of the Trump administration is unprecedented in U.S. history. The only points of comparison are the Gilded Age scandals of the Grant administration, Teapot Dome under the Harding administration, and Watergate and the bribe-taking of Vice President Spiro Agnew during the Nixon administration. But this administration is already in an unethical league of its own. The misconduct revealed during just one day this week — Wednesday — was worse than what presidents normally experience during an entire term.

The day began with a typically deranged tweet from President Trump: “Why is A.G. Jeff Sessions asking the Inspector General to investigate potentially massive FISA abuse. . . . Why not use Justice Department lawyers? DISGRACEFUL!” Translation: Trump is exercised that the Justice Department is following its normal procedures. Sessions fired back: “As long as I am the Attorney General, I will continue to discharge my duties with integrity and honor.” Translation: The president is asking him to act without “integrity and honor.”

This is part of a long pattern of the president pressuring the “beleaguered” Sessions — a.k.a. “Mr. Magoo” — to misuse his authority to shut down the special counsel investigation of Trump and to launch investigations of Trump’s political foes. Because Sessions won’t do that, Trump has tried to force him from office. The president does not recognize that he is doing anything improper. He thinks the attorney general should be his private lawyer. The poor man has no idea of what the “rule of law” even means, as he showed at a White House meeting Wednesday on gun control, during which he said: “Take the guns first, go through due process second.” This from a supposed supporter of the Second Amendment.

But wait. Wednesday’s disgraceful news was only beginning. Later in the day the New York Times reported that Jared Kushner’s family company had received hundreds of millions of dollars in loans from companies whose executives met with him in his capacity as a senior White House aide. The previous day, The Post had reported that officials in the United Arab Emirates, China, Israel and Mexico had discussed how they could manipulate the president’s son-in-law “by taking advantage of his complex business arrangements, financial difficulties and lack of foreign policy experience.” Oh, and don’t forget that during the transition in 2016, while Kushner was trying to refinance a family-owned office building, he met with a Russian bankerclose to the Kremlin and with executives of a Chinese insurance company that has since been taken over by the Chinese government.

President Trump’s nepotism has compromised U.S. standing in the world, says Post editorial page editor Fred Hiatt.

Little wonder that the previous week Kushner lost his top-secret security clearance. The wonder is that a senior aide with such dodgy business dealings was allowed access for a full year to the government’s most sensitive secrets — and that he still works in the White House. This is the kind of nepotism that plagues dictatorships and is a defining characteristic of Trump’s kleptocratic rule.

Of course, we are still only scratching the surface of administration scandals. This is a president, after all, whose communications director quit on Wednesday after admitting to lying (but insists her resignation was unrelated); whose senior staff included an alleged wife-beater; whose former national security adviser and deputy campaign manager have pleaded guilty to felonies; whose onetime campaign chairman faces 27 criminal charges, including conspiracy against the United States; whose attorney paid off a porn star; and whose son mixed family and government business on a trip to India. Given the ethical direction set by this president, it’s a wonder that his Cabinet officers aren’t stealing spoons from their official dining rooms. Come to think of it, maybe someone should look into that.”

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The total ugliness, dishonesty, corruption, and lack of accountability of the Trumpsters is hard to contemplate. Everybody mentioned in this article probably belongs in jail. Other than that, though, they’re a great bunch of guys. Check those pockets and briefcases for the spoons! Draining The Swamp indeed!

PWS

03-02-18

 

ETHICS HOT SEAT: TRUMP LAWYERS’ DILEMMA: How Do You Prepare A Congenital Liar To Testify Under Oath?

https://www.vanityfair.com/news/2018/02/donald-trump-robert-mueller-interview

Abagail Tracy reports for Vanity Fair:

“The most difficult decision a lawyer has to make is whether to allow his client to speak to the prosecutor—or in this case, the special counsel,” Robert Bennett told me, referring to the unfolding chess match between Donald Trump and Robert Mueller. Bennett, the Brooklyn-born Washington superlawyer, would know, having represented President Bill Clinton in the Kenneth Starr investigation. For a fabulist like Trump, however, the danger is tenfold: Mueller has already charged four former members of the Trump campaign with making false or misleading statements to the F.B.I. “I think there are tremendous risks in this case, because the easiest case for the government to prove would be a false statement given to the F.B.I. or the independent counsel,” Bennett added. “That’s a very easy one to prove.”

While the president initially said he is “100 percent” willing to meet with Mueller under oath, his legal team has cautioned that any interview could be a perjury trap. “He’ll be guided by the advice of his personal counsel,” Ty Cobb, the White House lawyer on the Russia inquiry, told The New York Times. For months, Trump’s lawyers have been engaged in discussions with Mueller’s team, weighing options that could mitigate the president’s legal risk. Though the format of the potential interview remains an open question, Mueller, wielding the power of subpoena, has the upper hand in shaping the negotiations. “What matters is how much leverage you have on either side,” said Renato Mariotti, a former Chicago prosecutor. “Mueller has most of the leverage . . . in the end, Mueller is going to get most, if not the vast majority, of what he wants.”

The challenge for Trump’s legal team, led by Cobb and John Dowd, is to protect the president from himself under conditions acceptable to Mueller. “It’s a very bad sign for the president that his own lawyers are so worried about whether he’s going to tell the truth that they’re trying to negotiate all of these conditions ahead of time,” Neal Katyal, a former acting solicitor general under President Barack Obama, told me. “Ordinarily, when you’re representing a high-ranking government official, you’re not worried about your client being forthcoming because that goes with the nature of government service. But here, I think the lawyers are wise to worry, just given Donald Trump’s track record of him confabulating in any number of ways.”

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Read the rest of Tracy’s article at the above link.

I don’t have much doubt that Trump will perjure himself. I don’t think he could tell the truth if his life depended on it. And, it’s likely that Mueller will be able to build a convincing case for obstruction against the Liar-In-Chief.

But, Trump relies heavily on the complicity of  the sleazy GOP he has come to dominate and the indifference of his voters to moral values or honest government. Trump is used to at least figuratively “getting away with murder” (remember his all too true boast that he could shoot someone in broad daylight in Times Square and his voters wouldn’t care). So, the chances of Trump being held accountable are probably minimal until 2024.

PWS

02-28-18

GONZO’S WORLD: TRUMP & SESSIONS ARE SYSTEMATICALLY DISMANTLING OUR JUSTICE SYSTEM – THE “BOGUS FOCUS” ON IMMIGRATION ENFORCEMENT IS KEY TO THEIR DESTRUCTIVE STRATEGY! — “Perhaps the most insidious part of the Trump administration’s approach to criminal justice lies in its efforts to link crime to its broader crackdown on immigration.”

https://www.nytimes.com/2018/02/17/opinion/sunday/donald-trump-and-the-undoing-of-justice-reform.html

The New York Times Editorial Board writes:

“In the decade or so before Donald Trump became president, America’s approach to criminal justice was changing fast — reckoning with decades of destructive and ineffective policies that had ballooned the prison population and destroyed countless lives. Red and blue states were putting in place smart, sensible reforms like reducing harsh sentencing laws, slashing prison populations and crime rates, and providing more resources for the thousands of people who are released every week.

President Obama’s record on the issue was far from perfect, but he and his first attorney general, Eric Holder Jr., took several key steps: weakening racially discriminatory sentencing laws, shortening thousands of absurdly long drug sentences, and pulling back on the prosecution of low-level drug offenders and of federal marijuana offenses in states that have legalized it. This approach reflected state-level efforts and sent a message of encouragement to those still leery of reform.

Within minutes of taking office, Mr. Trump turned back the dial, warning darkly in his Inaugural Address of “American carnage,” of cities and towns gutted by crime — even though crime rates are at their lowest in decades. Things only got worse with the confirmation of Attorney General Jeff Sessions, who, along with Mr. Trump, appears to be stuck in the 1980s, when politicians exploited the public’s fear of rising crime to sell absurdly harsh laws and win themselves re-election. Perhaps that’s why both men seem happy to distort, if not outright lie about, crime statistics that no longer support their narrative.

Last February, Mr. Trump claimed that “the murder rate in our country is the highest it’s been in 47 years.” Wrong: The national rate remains at an all-time low. It’s true that the 10.8 percent increase in murders between 2014 and 2015 was the largest one-year rise in more than four decades, but the total number of murders is still far below what it was in the early 1990s.

 

As bad as the dishonesty is the fact that Mr. Trump and Mr. Sessions have managed to engineer their backward worldview largely under the public’s radar, as a new report from the Brennan Center for Justice documents. Last May, Mr. Sessions ordered federal prosecutors to charge as aggressively as possible in every case — reversing a policy of Mr. Holder’s that had eased up on nonviolent drug offenders and others who fill the nation’s federal prisons. In January, Mr. Sessions rescinded another Obama-era policy that discouraged federal marijuana prosecutions in states where its sale and use are legal. (Mr. Sessions has long insisted, contrary to all available evidence, that marijuana is “a dangerous drug” and “only slightly less awful” than heroin.)

These sorts of moves don’t get much attention, but as the report notes, they could end up increasing the federal prison population, which began to fall for the first time in decades under Mr. Obama.

The reversal of sensible criminal justice reform doesn’t stop there. Under Mr. Trump, the Justice Department has pulled back from his predecessor’s investigations of police abuse and misconduct; resumed the use of private, for-profit prisons; and stopped granting commutations to low-level drug offenders who have spent years or decades behind bars.

Meanwhile, Mr. Sessions, who as a senator was one of the most reliable roadblocks to long-overdue federal sentencing reform, is still throwing wrenches into the works as Congress inches toward a bipartisan deal. Mr. Sessions called the Sentencing Reform and Corrections Act, a sweeping bill that would reduce some mandatory-minimum sentences, and that cleared the Senate Judiciary Committee on Thursday, a “grave error.” That earned him a rebuke from the committee’s chairman, Senator Charles Grassley, who pointed out that the attorney general is tasked with enforcing the laws, not writing them. “If General Sessions wanted to be involved in marking up this legislation, maybe he should have quit his job and run for the Republican Senate seat in Alabama,” Mr. Grassley said.

Mr. Grassley is no one’s idea of a justice reformer, but he supports the bill because, he said, it “strikes the right balance of improving public safety and ensuring fairness in the criminal justice system.”

So what has this administration done right? The list is short and uninspiring. In October, Mr. Trump declared the epidemic of opioid abuse a national emergency, which could be a good step toward addressing it — but he’s since done almost nothing to combat a crisis that killed more than 64,000 Americans in 2016.

In his State of the Union address last month, Mr. Trump promised to “embark on reforming our prisons to help former inmates who have served their time get a second chance.” It’s great if he really means that, but it’s hard to square his assurance with his own attorney general’s opposition to a bill that includes recidivism-reduction programs intended to achieve precisely this goal.

Perhaps the most insidious part of the Trump administration’s approach to criminal justice lies in its efforts to link crime to its broader crackdown on immigration. In a speech last month, Mr. Sessions said undocumented immigrants are far more likely than American citizens to commit crimes, a claim he found in a paper by John Lott, the disreputable economist best known for misusing statistics to suit his own ideological ends. In this case, it appears Mr. Lott misread his own data, which came from Arizona and in fact showed the opposite of what he claimed: Undocumented immigrants commit fewer crimes than citizens, as the vast majority of research on the topic has found.

But no matter; Mr. Trump and Mr. Sessions don’t need facts to run their anti-immigrant agenda, which has already resulted in more than double the number of arrests of immigrants with no criminal convictions as in 2016, as the Brennan Center report noted. Soon after taking office, Mr. Trump issued an executive order cutting off federal funding to so-called sanctuary cities, jurisdictions that refuse to cooperate with federal immigration officials. A federal judge blocked the order in November for violating the Constitution.

The rhetoric from the White House and the Justice Department has emboldened some state and local officials to talk tougher, even if just as ignorantly, about crime. The good news is that it’s not working as well anymore. In Virginia’s race for governor last fall, the Republican candidate, Ed Gillespie, attacked his opponent, Ralph Northam, with ads blaming him for violence by the MS-13 gang.

It was a despicable stunt, its fearmongering recalling the racist but effective Willie Horton ad that George H. W. Bush ran on in his successful 1988 presidential campaign. Thankfully, Virginia’s voters overwhelmingly rejected Mr. Gillespie, another sign that criminal justice reform is an issue with strong support across the political spectrum. In the era of Donald Trump, candidates of both parties should be proud to run as reformers — but particularly Democrats, who can cast the issue not only as a central component of a broader progressive agenda, but as yet another example of just how out of touch with the country Mr. Trump and his administration are.”

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I know it’s quoted above, but two paragraphs of this article deserve re-emphasis:

Perhaps the most insidious part of the Trump administration’s approach to criminal justice lies in its efforts to link crime to its broader crackdown on immigration. In a speech last month, Mr. Sessions said undocumented immigrants are far more likely than American citizens to commit crimes, a claim he found in a paper by John Lott, the disreputable economist best known for misusing statistics to suit his own ideological ends. In this case, it appears Mr. Lott misread his own data, which came from Arizona and in fact showed the opposite of what he claimed: Undocumented immigrants commit fewer crimes than citizens, as the vast majority of research on the topic has found.

But no matter; Mr. Trump and Mr. Sessions don’t need facts to run their anti-immigrant agenda, which has already resulted in more than double the number of arrests of immigrants with no criminal convictions as in 2016, as the Brennan Center report noted. Soon after taking office, Mr. Trump issued an executive order cutting off federal funding to so-called sanctuary cities, jurisdictions that refuse to cooperate with federal immigration officials. A federal judge blocked the order in November for violating the Constitution.

Gonzo consistently uses bogus statistics, fear-mongering, racial innuendo, and outright slurs of immigrants, including Dreamers, and their advocates to advance his White Nationalist agenda at Justice.

At the same time, he largely ignores or proposes laughably inadequate steps to address the real justice problems in America: Russian interference, the opioid crisis, uncontrolled gun violence (much of it involving mass shootings by disgruntled White Guys with assault-type weapons), overcrowded prisons, lack of an effective Federal community-based anti-gang effort in major cities, hate crimes committed by White Supremacists, grotesquely substandard conditions in civil immigration detention, and the uncontrolled backlogs and glaring denials of Due Process and fairness to migrants in our U.S. Immigration Court System.

How long can America go without a real Attorney General who acknowledges the rights of all people in America? How will we ever recover from the damage that Gonzo does every day he remains in the office for which he is so supremely unqualified?

PWS

02-19-18

 

WHAT DOES TRUMP HAVE IN COMMON WITH THE GAMBINO CRIME FAMILY OTHER THAN AUDACIOUS DISHONESTY AND A PENCHANT FOR FRAUD? — PERHAPS, MUELLER & CO ARE GOING TO “ROLL UP” THE TRUMPSTERS JUST THE WAY THEY DID THE GAMBINOS! – Will Rick Gates Be The Reincarnation of “Sammy The Bull?”

https://www.vanityfair.com/news/2018/02/rick-gates-robert-mueller-donald-trump

Abigail Tracy writes in Vanity Fair:

“Even among some of Donald Trump’s allies, there is a sense of astonishment at the White House’s handling of Robert Mueller’s Russia investigation. “It’s like no one took down the Gambino family,” Steve BannontoldChris Whipple in a book adaptation the Hive published this week. “Mueller’s doing a roll-up just like he did with the Gambinos. [Paul] Manafort’s the caporegime, right? And [Rick] Gates is a made man!” Indeed, Mueller, who led the F.B.I. takedown of the infamous crime family in the early 1990s, famously cutting a deal with Sammy the Bull to flip on mob boss John Gotti, appears to be executing what some have called a “Gambino-style roll-up.” First, he flippedformer Trump campaign adviser George Papadopoulos; then, he turnedousted national security adviser Michael Flynn. Now, CNN reports, Mueller appears to be in the final stages of a plea deal with Gates, Trump’s former deputy campaign chairman and a longtime business associate of Manafort, who was indicted alongside him last fall.

The White House reportedly views Gates’s testimony as a threat to Manafort, and not to the president. “There’d be no anxiety here,” a White House official told CNN when asked about the possibility that Gates will cut a deal. The charges against the two, after all, had nothing do with Russian collusion; the 12 counts included failure to register as a foreign agent, false and misleading statements related to that registration, and seven counts of improper foreign financial reporting—all as part of a broader conspiracy to launder millions of dollars from their consulting work in Ukraine into the United States. Manafort has pleaded not guilty, and is fighting the charges. But Gates, who has also pleaded not guilty, has been grappling with financial troubles and difficulties with his legal team. According to CNN, he has been in plea negotiations with Mueller’s team of F.B.I. investigators for about a month, and has already given an interview in which he would have revealed any knowledge he might have of criminal activity that could be traded for leniency or immunity in sentencing.

What this means for the White House isn’t exactly clear. While Manafort’s reign as campaign chairman and Gates’s role as his deputy were short-lived, the duo oversaw a series of events and interactions that have come under intense scrutiny in the ongoing Justice Department probe. Manafort and Gates ran the Trump campaign in the summer of 2016, during which Donald Trump Jr. held his infamous Trump Tower meeting with a Russian lawyer. They were also on board during the Republican National Convention, where a number of Trump campaign officials and surrogates met with Russian officials and campaign officials altered the language of the official G.O.P. platform on Ukraine to be more sympathetic to Russian interests. While Manafort was replaced by Bannon after The New York Times alleged that handwritten ledgers showed millions in undisclosed cash payments designated for Manafort in Ukraine—a claim Manafort denies—Gates continued to work with the Trump campaign through the transition, and served as a senior official on Trump’s inaugural committee.”

For now, the most significant facts in the case remain under lock. Adam Schiff, the top ranking Democrat on the House Intelligence Committee, said Tuesday that the panel has discovered evidence of collusion between the Trump campaign and the Russians during the 2016 campaign, as well as evidence of subsequent obstruction. “There is certainly an abundance of non-public information that we’ve gathered in the investigation,” Schiff toldreporters. Whether that information is actionable remains to be seen. According to the White House’s own budget request, the administration expects Mueller’s investigation to continue well into next year, despite repeated assurances from the president’s legal team that it was approaching a conclusion. If Gates has the goods, perhaps it will end sooner.

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No, the “Don of Con” isn’t “in the clear” as he incredibly asserts. In fact, it appears that the noose is slowly tightening. Exactly the kind of “dangling in the wind” to which The Don likes to subject those subordinates whom he suspects of disloyalty.

“Where there’s smoke, there’s fire.” And, there’s so much smoke surrounding The Don, his family, and his current and former associates right now that it’s a miracle nobody in the White House has succumbed to smoke inhalation.

PWS

02-17-18

DERELICTION OF DUTY! — VLADI PUTIN SCORED A DIRECT HIT ON OUR “SHIP OF STATE!” – WITH THE SHIP LISTING AND THE CREW FRANTICALLY WARNING OF OTHER IMMINENT ATTACKS, “CAPTAIN COWARD” ROWS AWAY TO SAVE HIS OWN SKIN WHILE LEAVING OUR NATION TO “SINK WITH THE SHIP!” – How Is This Right? – Why Are We Letting Him Get Away With It?

FROM TODAYS’ WASHINGTON POST — THE EDITORIAL BOARD WRITES:

February 16 at 8:09 PM

FRIDAY’S FEDERAL grand jury indictment of 13 Russians for conspiracy to interfere illegally in the 2016 presidential election presents powerful evidence that Moscow staged an attack on the United States’ democratic political process. The facts, doggedly accumulated by special counsel Robert S. Mueller III despite much hostility from President Trump, show that the Russians’ goal was to foment “distrust towards the candidates and the political system in general,” as the indictment puts it. And the chosen means was “information warfare,” reportedly waged via provocations on social media and the occasional in-person grass-roots activity. It began in 2014 and involved Russians engaging in political activities under false, sometimes stolen, identities; no Americans wittingly cooperated with this particular plot, though some did so unwittingly, according to the indictment.

The indictment thus undercuts any lingering suggestion that Russian interference is a myth or a hoax, and Mr. Trump, who has often suggested as much, should have acknowledged the new evidence Friday. Instead, his first reaction was to claim vindication on Twitter. “The Trump campaign did nothing wrong,” he wrote, adding, “no collusion!” This was inappropriate on two levels.

First, though the indictment did say that there was no knowing American collusion with the Russian social media campaign, and though it did not say that it affected the results, it also showed that the vast majority of Russian propaganda supported Mr. Trump’s campaign and attacked that of his Democratic opponent, Hillary Clinton. You would think Mr. Trump would take a moment to repudiate that support, even in hindsight, and to declare that no foreign power has a right to campaign secretly against an American candidate.

Second, Mr. Mueller has not finished his investigation and has not ruled out the possibility of collusion. We don’t yet know whether Donald Trump Jr.’s eagerness to meet with Russians offering “dirt” on Ms. Clinton’s campaign was an isolated incident. Nor has the special counsel yet weighed in on the question of possible obstruction of his investigation by President Trump.

Meanwhile, the evidence of a Russian assault on the U.S. election is a serious development in and of itself that any responsible president would respond to in a serious way. Such an attempt to delegitimize the American system could only have gone forward with the knowledge and approval of Russian President Vladi­mir Putin. It reflected the Kremlin’s all-too-accurate judgment that a divided and polarized U.S. electorate would be vulnerable to the same sort of dirty tricks Russia has pulled in Europe. In a statement, Mr. Trump declared that “we cannot allow those seeking to sow confusion, discord, and rancor to be successful,” though he strangely blamed not Russia, but rather “outlandish partisan attacks” by his opponents, which, he said, “further the agendas of bad actors, like Russia.” The only message he should be sending now, both to the American people and to Moscow, is that Mr. Putin is responsible and that the U.S. government will respond to his covert attacks with appropriate retaliation.

President Trump continues to insist the Democrats are responsible for any story relating to Russian interference in the 2016 election.

The grand jury’s indictment shows how far Russia is willing to go to manipulate and discredit our democracy. Mr. Trump’s own intelligence chiefs warned this week that the 2018 election is under threat. Given the baffling and inexcusable absence of presidential leadership, Congress must step up to defend the nation.”

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An “inexcusable absence of presidential leadership.” Sorry, I don’t find that “baffling” or surprising at all. In fact, it’s a depressingly accurate and succinct description of Trump’s entire “Joke Presidency.”

Trump’s own intelligence officials, including National Security Advisor Gen. McMaster are all warning of the seriousness of the threat Russia poses to our electoral integrity and national security. Trump is, as normal, focused entirely on trying (totally unsuccessfully) to cover his own behind. This is a guy who up until now has been calling Russian interference with  the 2016 Election “a hoax” and “fake news.”

And, there is zero chance that the spineless and complicit GOP-controlled Congress will step into the breach. They are too busy looting our country before Armageddon comes!

There is, however, one way available to all of us to save our country! Throw the GOP scoundrels, enablers, and “Fellow Travelers” out of office. A Democratic Congress is the best hope for the people to take back control and save America from Putin, Trump, and the “New American Oligarchs” and “Kleptocrats” who are enabling both of them!

Otherwise, we all ought to start studying Russian. Because we’re all going to need it to communicate with our “future real rulers” in Moscow!

PWS

02-17-18