BESS LEVIN @ VANITY FAIR: Scott Pruitt Isn’t As Bad As You Might Think He Is – He’s 10X Worse! – GOP Takes an “Ethics Vacation” On Totally Corrupt EPA Sec!

https://www.vanityfair.com/news/2018/04/scott-pruitt-is-an-even-bigger-monster-than-you-thought

Bess writes:

Earlier this month, in the wake of revelations about his pricey travel habits and sweetheart deal on rent courtesy of a high-powered lobbyist, Scott Pruitt sat down with a series of reporters to clear the air and explain what was happening. The negative headlines and stories painting him as one of the most corrupt Cabinet members in the Trump administration were the result of one thing and one thing only, he said: a liberal plot against him. The real issue, Pruitt and his defenders insist, is not his preference for flying first class when coach would suffice, or the $50 a night he was shelling out for part of a D.C. townhouse in a neighborhood where the market rate was several multiples of that, but that the left simply doesn’t appreciate his hydrocarbon-happy dismantling of Barack Obama’sregulatory regime. Which makes fresh accusations against Pruitt, by one of Donald Trump’s favorite staffers, somewhat awkward!

In a six-page letter addressed to Pruitt but circulated much more widely than his pair of very fancy desks, two senators and three House representatives detailed allegations that were brought to their attention this week by Kevin Chmielewski, who served as the president’s body man during the campaign—Trump called him a “star” and a “gem”—before going on to work as the E.P.A.’s deputy chief of staff. (Chmielewski was placed on administrative leave without pay after objecting to Pruitt’s spending policies, which can be loosely summed up as: F–k you, I do what I want.) Among the most damning allegations:

  • Pruitt demanded the agency “enter into a $100,000 per month contract to rent a private jet, which would have cost more than the administrator’s annual travel budget of approximately $450,000,” a situation Chmielewski says he prevented from happening, probably to the detriment of his employment;
  • Pruitt made travel decisions based on his “desire to visit particular cities or countries rather than official business” and then told staff to “‘find me something to do [in those locations]’ to justify the use of taxpayer funds,” which might explain his trip to Morocco to promote U.S. natural gas exports, despite the fact that said exports are not part of the E.P.A.’s mission to “protect human health and the environment”;
  • Pruitt booked his flights through Delta, despite the airline not being the federal government’s contract carrier for the route, “because [he] want[ed] to accrue more frequent flier miles,” just in case his private jet didn’t pan out;
  • Pruitt directed his staff to “find reasons for [him] to travel to Oklahoma, so [he] could be in his home state for long weekends at taxpayers’ expense,” where he has seemingly been laying the groundwork for a run for office;
  • Pruitt stayed in hotels that far exceeded the U.S. government per diem, sometimes by 300 percent. Exhibit A: when he traveled to Australia and Italy and refused to stay in hotels recommended by the U.S. Embassy, choosing fancier but less secure ones, which you think would concern someone who wanted a bullet-proof desk;
  • Pruitt blew through the $5,000 limit allowed by law to redecorate his office with items that included a $43,000 soundproof phone booth, art leased from the Smithsonian Institution, and a desk (one of two) that alone cost $2,075;
  • Pruitt insisted, as previously reported, on “the use of lights and sirens to transport [him] more quickly through traffic to the airport, meetings, and social events on numerous occasions” and required his drivers to “speed through residential neighborhoods and red lights, far in excess of posted speed limits,” because Scott Pruitt’s got places to be, people!
  • Pruitt insisted the E.P.A.’s director of scheduling “act as his personal real estate representative, spending weeks improperly using federal government resources and time to contact rental and seller’s agents, and touring numerous properties in which [he] might wish to reside”;
  • Pruitt gave two favored aides giant salaries after they were denied by the White House (which Pruitt claimed in recent interviews to not know anything about);
  • And that Pruitt did not even pay the $50 per night he owed lobbyist J. Steven Hart, who complained during a phone call Chmielewski heard on speakerphone that Pruitt “had never paid any rent to him” and that Pruitt’s daughter “had damaged his hardwood floors by repeatedly rolling her luggage across the unit when she was staying there.”

According to the letter, Chmielewski’s employment with the E.P.A. ultimately ended thanks to his refusal to “retroactively approve [a favored staffer’s] first-class return flight from Morocco.” That Chmielewski, contends, caused Pruitt to remove him from his post. But naturally Pruitt did not do the dirty work himself, allegedly relying instead on the head of his security detail, Nino Perrotta, who Chmielewski says threatened him in such a way that he reported it to the local police, E.P.A. officials, and the White House Office of Presidential Personnel. (Speaking of Perrotta, i.e. the guy who deemed it too risky for Pruitt to sit in coach, we highly suggest checking out his self-published memoir, Dual Mission, which includes lines like, “I cannot tell how many women in those days held [my] gun during very passionate late-night moments. It was, in some ways, like a dangerous, forbidden sex toy to some, and I played right along. Although never loaded, I am certain to have broken a rule or two in terms of allowing unauthorized access to and use of a federal firearm.”)

While the lawmakers concluded that the information left them “certain that [Pruitt’s] leadership at E.P.A. has been fraught with numerous and repeated unethical and potentially illegal actions on a wide range of consequential matters,” it’s not clear that Trump will have him removed. On the one hand, the guy is on a roll when it comes to firing people. On the other, Pruitt has done such a stellar job dismantling Obama’s environmental legacy in his short time on the job, and good work is truly hard to find. While Trump has said nothing about the matter on social media, during a speech today ostensibly about tax reform, he told the crowd that that he plans to sign a “presidential memorandum directing the E.P.A to cut” even more regulations on manufacturers.

For their part, Pruitt’s handlers appear to be on the offensive: just hours after the letter detailing the E.P.A. head’s ethically challenged habits was released, word leaked that Chmielewski “never filed required financial disclosure forms during his year in the Trump administration.” That, combined with Pruitt’s stellar work turning the environment into an ashtray, should help him hang on little while longer.

On the other other hand . . .

Bloomberg reports that Andrew Wheeler, a former coal lobbyist, has been confirmed by the Senate to serve as the E.P.A.’s deputy administrator, which means he would lead the agency should Pruitt suddenly be told to clean out his desk. Many Democrats were opposed to the nomination, given Wheeler’s push to roll back regulations while working on behalf of his clients, among them one of America’s largest coal-mining companies. That may not be as impressive as Pruitt’s credentials for leading the agency—suing it 14 times—but it’s something.

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Go on over to Vanity Fair at the link to get the full “Levin Report.”

In an Administration loaded with ethically challenged individuals, starting with the “Big Boss,” Pruitt stands out. Nevertheless, because he is deconstructing the EPA and dismantling critical environmental protections — “turning the environment into an ashtray” —  nobody in today’s GOP dares to agitate for his removal. Could you imagine how apoplectic the GOP would have been if Hillary Clinton or anyone else in the Obama Administration were fingered for doing this type of stuff?

PWS

04-15-18

 

EXPOSED! — AILA’S JOHNSON SHOWS HOW “GONZO” INTENTIONALLY MISUSES DATA TO CREATE A FALSE ANTI-ASYLUM, ANTI-LAWYER NARRATIVE TO CONCEAL THE REAL GLARING PROBLEM DRIVING US IMMIGRATION COURT BACKLOGS — AIMLESS DOCKET RESHUFFLING (“ADR”) DRIVEN BY POLITICOS ATTEMPTING TO STACK THE COURT SYSTEM AGAINST DUE PROCESS AND TILT IT IN FAVOR OF DHS/ADMINISTRATION ENFORCEMENT INITIATIVES!!!!!!! — SURPRISE — By Far The Biggest Increase In Continuances Comes From DHS & EOIR Itself!

http://www.aila.org/advo-media/press-releases/2017/ag-sessions-cites-flawed-facts-imm-court-system

From AILA Executive Director Ben Johnson:

“Once again, the Attorney General cites flawed facts to castigate the immigration bar for the significant case backlog and inefficiencies in our immigration court system,” said Benjamin Johnson, AILA Executive Director. “He blames immigration attorneys for seeking case continuances, disregarding the fact that continuances are also routinely requested by counsel for the government, or are issued unilaterally by the court for administrative reasons. In fact, although the report cited by the Attorney General indicates an 18% increase in continuances requested by respondents, that same report found a 54% increase in continuances requested by the Department of Homeland Security (DHS), and a 33% increase in ‘Operational-related’ continuances. That said, continuances are often a necessary means to ensure due process is afforded in removal proceedings. The number one reason a continuance is requested by a respondent is to find counsel. Other reasons include securing and authenticating documentary evidence from foreign countries, or to locating critical witnesses. And when the government refuses to share information from a client’s immigration file and instead makes them go through the lengthy process of a Freedom of Information/Privacy Act request, a continuance is often a client’s only lifeline to justice. For the AG to blame immigration lawyers for imagined trespasses is both malicious and wrong. We will not let that misinformation pass without setting the record straight.

“The immigration court backlog is a function of years and years of government spending on enforcement without a commensurate investment in court resources. Our nation would be better served if the immigration courts were an independent judiciary, free from the auspices of the Department of Justice, where every immigrant has access to counsel. Immigration court is not small claims court or traffic court; each decision has the potential to tear apart families or keep them together, to destroy businesses or build our economy, to send someone back to certain death, or bring hope for a new and better life. Immigration judges should make those decisions with all information at hand, without any undue influence or arbitrary case completion requirements. That is a goal we can all work toward.”

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Sure matches my observations from the latter part of my career at the U.S. immigration Court in Arlington, VA!

Probably 75% of the cases on my “Non-Detained Docket” were there NOT at the request of a respondent or his or her attorney. No, they were “mass transferred and continued” to my docket unilaterally by EOIR to fulfill “Border Priorities” established by the DOJ during the Obama Administration as an adjunct to changing DHS Enforcement priorities.

And, these weren’t “short continuances” to find a lawyer or prepare an application as might be requested by a respondent or a private bar lawyer. NO, these were “Merits Hearing” cases that had often been set for late 2016 or 2017 hearings before one of my colleagues, only to be “continued” by EOIR to my docket for dates many additional years in the future. Indeed, many of these cases were unilaterally removed by EOIR from “Individual Dockets” and “orbited” to my “Master Calendars” (arraignments) years in the future — indeed years after I would be retired. That’s because my docket was already completely full for several years when this chapter of ADR started.

And the same was true for my colleague Judge Lawrence O. Burman. Indeed, at the time I retired, Judge Burman and I were the ONLY judges hearing “nonpriority, non-detained cases” — even though those cases were BY FAR the majority of cases on the Arlington Court Docket. And, to make things worse, my “replacement” retired at the end of 2016 thus resulting in a whole new “round” of ADR. 

Talk about ADR driven by incompetent administration and improper political meddling from the DOJ. And, from everything “Gonzo” has said and I have heard about what’s happening at EOIR, such impropriety has become “normalized” under the Trump Administration.

No court system can run efficiently and fairly when the perceived interests of one of the parties are elevated over fairness, Due Process, equal justice, and reaching correct decisions under the law. No court system can run efficiently and fairly when control over day-to-day dockets is stripped from the local US Immigration Judges and Court Administrators and hijacked by officials in Washington and Falls Church driven by political performance objectives  not by practical knowledge and day-to-day considerations of how to construct and run a docket for maximum fairness and efficiency under local conditions (the most important of which is the an adequate number of pro bono lawyers to represent respondents).

NO OTHER MAJOR COURT SYSTEM IN AMERICA OPERATES THE WAY EOIR DOES! THAT SHOULD TELL US SOMETHING!

So, why is “Gonzo Apocalypto” being allowed to get away with misrepresenting the facts and intentionally running the Immigration Court system for the perceived benefit of one of the parties and against the interests of the other? There is a simple term for such conduct: Ethical Misconduct. Usually, it results in the loss or suspension of the offender’s license to practice law. Why is Gonzo above accountability?

PWS

12-12-17