Trump asks court to dismiss emoluments lawsuit against him

President Donald Trump has asked a federal court to dismiss a lawsuit accusing him of violating the Constitution’s Emoluments Clause related to private payments from other governments.

Trump is asking the judge to dismiss the complaint against him as an individual.

He’s also being sued separately for violating the Emoluments Clause — which prohibits federal officeholders from receiving gifts and payments from foreign states or their representatives — in his official capacity as President.

Trump, in the new filing, claims the District of Columbia and Maryland state attorneys general suing him can only bring a court action like this against him as President.

Even if they could sue Trump as an individual, “the President still is absolutely immune,” according to the filing.

Previously, the judge let the lawsuit move forward and focused it on proceeds from the Trump International Hotel in Washington. Following that ruling, the case will challenge payments made by foreign officials for services at the Trump International Hotel but will not include visits to Mar-a-Lago in Florida or other Trump properties.

Maryland and DC have argued that the Trump International Hotel’s operations put other nearby hotel and entertainment properties at a competitive disadvantage and that the Trump hotel got special tax concessions.

But the judge did not make any rulings on the allegations in the case, which accuse Trump of taking illegal gifts from foreign governments through his family’s business.

The court is still weighing the definition of emoluments and other questions raised in the lawsuit.

[CNN]

Trump doctor Harold Bornstein says bodyguard, lawyer ‘raided’ his office, took medical files

In February 2017, a top White House aide who was Trump’s longtime personal bodyguard, along with the top lawyer at the Trump Organization and a third man showed up at the office of Trump’s New York doctor without notice and took all the president’s medical records.

The incident, which Dr. Harold Bornstein described as a “raid,” took place two days after Bornstein told a newspaper that he had prescribed a hair growth medicine for the president for years.

In an exclusive interview in his Park Avenue office, Bornstein told NBC News that he felt “raped, frightened and sad” when Keith Schiller and another “large man” came to his office to collect the president’s records on the morning of Feb. 3, 2017. At the time, Schiller, who had long worked as Trump’s bodyguard, was serving as director of Oval Office operations at the White House.

“They must have been here for 25 or 30 minutes. It created a lot of chaos,” said Bornstein, who described the incident as frightening.

A framed 8-by-10 photo of Bornstein and Trump that had been hanging on the wall in the waiting room now lies flat under a stack of papers on the top shelf of Bornstein’s bookshelf. Bornstein said the men asked him to take it off the wall.

Bornstein said he was not given a form authorizing the release of the records and signed by the president known as a HIPAA release — which is a violation of patient privacy law. A person familiar with the matter said there was a letter to Bornstein from then-White House doctor Ronny Jackson, but didn’t know if there was a release form attached.

“If Ronny Jackson was the treating doctor, and he was asking for his patient’s paperwork, a doctor is obligated to give it to him to ensure continuity of care,” said NBC News medical correspondent Dr. John Torres, “but it has to be given in a secure fashion. Nobody who doesn’t have HIPAA clearance can see the patient records.”

NBC News legal analyst Danny Cevallos said that patients generally own their medical information, but the original record is the property of the provider. “New York state law requires that a doctor maintain records for at least six years, so a doctor who hands over his original records runs the risk of violating New York state law,” said Cevallos.

Bornstein said the original and only copy of Trump’s charts, including lab reports under Trump’s name as well as under the pseudonyms his office used for Trump, were taken.

Another man, Trump Organization chief legal officer Alan Garten, joined Schiller’s team at Bornstein’s office, and Bornstein’s wife, Melissa, photocopied his business card. Garten declined to comment for this article.

Schiller, who left the White House in September 2017, did not immediately respond to a request for comment.

Asked about the incident by Hallie Jackson of NBC News on Tuesday afternoon, White House Press Secretary Sarah Huckabee Sanders said that taking possession of medical records was “standard operating procedure for a new president” and that it was not accurate to characterize what happened as a “raid.”

“Those records were being transferred over to the White House Medical Unit, as requested,” said Sanders.

Bornstein said that Trump cut ties with him after he told The New York Times that Trump takes Propecia, a drug for enlarged prostates that is often prescribed to stimulate hair growth in men. Bornstein told the Times that he prescribed Trump drugs for rosacea and high cholesterol as well.

The story also quotes Bornstein recalling that he had told Rhona Graff, Trump’s longtime assistant, “You know, I should be the White House physician.”

After the article ran on Feb. 1, 2017, Bornstein said Graff called him and said, “So you wanted to be the White House doctor? Forget it, you’re out.’ ”

Two days after the article ran, the men came to his office.

“I couldn’t believe anybody was making a big deal out of a drug to grow his hair that seemed to be so important. And it certainly was not a breach of medical trust to tell somebody they take Propecia to grow their hair. What’s the matter with that?”

Bornstein said he is speaking out now after seeing reports that Jackson, who has allegedly been called “the candy man” for loosely prescribing pain medications as White House doctor, will not return to his post after being considered to run the Department of Veterans Affairs.

“This is like a celebration for me,” he said.

Jackson has denied improperly prescribing drugs.

Bornstein, 70, had been Trump’s personal doctor for more than 35 years.

During Trump’s presidential campaign, Bornstein wrote a letter declaring “unequivocally” that Trump would be the healthiest president in history. He called Trump’s health “astonishingly excellent.” The Trump campaign released the letter in December 2015.

Bornstein told NBC News in 2016 that he wrote the note in just five minutes while a limo sent by the candidate waited outside his office.

Asked how he could justify saying Trump would be the healthiest president ever, Bornstein said, “I like that sentence, to be quite honest with you, and all the rest of them are either sick or dead.”

[NBC News]

Leak of Mueller Russia probe questions ‘disgraceful’, Trump tweets

President Trump said Tuesday it’s “disgraceful” that a list of questions that the special counsel investigating Russian election interference wants to ask him was “leaked” to the news media.

The New York Times late Monday published the nearly four dozen questions given to Trump’s attorneys, covering Trump’s motivations for firing FBI Director James Comey last May and contacts between Trump campaign officials and Russians.

“It is so disgraceful that the questions concerning the Russian Witch Hunt were ‘leaked’ to the media,” Trump tweeted Tuesday. “No questions on Collusion. Oh, I see…you have a made up, phony crime, Collusion, that never existed, and an investigation begun with illegally leaked classified information. Nice!”

In a second tweet, Trump said: “It would seem very hard to obstruct justice for a crime that never happened.”

Trump repeatedly has called the investigation by special counsel Robert Mueller a “witch hunt” and insists there was no collusion between his campaign and Russia. Trump has also accused Comey of leaking classified information. Mueller was appointed to oversee the investigation by the deputy attorney general after Trump fired Comey in May 2017.

Although Mueller’s team has indicated to Trump’s lawyers that he’s not considered a target, investigators remain interested in whether the president’s actions constitute obstruction of justice and want to interview him about several episodes in office.
Many of the questions obtained by the Times center on the obstruction issue, including his reaction to Atty. Gen. Jeff Sessions’ recusal from the Russia investigation, a decision Trump has angrily criticized.

Trump lawyer Jay Sekulow declined to comment to the Associated Press on Monday night, as did White House lawyer Ty Cobb.

The questions also touch on Russian meddling and whether the Trump campaign coordinated in any way with the Kremlin. In one question obtained by the Times, Mueller asks what Trump knew about campaign staff, including his former campaign chairman Paul Manafort, reaching out to Moscow.

[Los Angeles Times]

Trump campaign has paid portions of Michael Cohen’s legal fees

The Trump campaign has spent nearly $228,000 to cover some of the legal expenses for President Donald Trump’s personal attorney Michael Cohen, sources familiar with the payments tell ABC News, raising questions about whether the Trump campaign may have violated campaign finance laws.

Federal Election Commission records show three payments made from the Trump campaign to a firm representing Cohen. The “legal consulting” payments were made to McDermott Will and Emery — a law firm where Cohen’s attorney Stephen Ryan is a partner — between October 2017 and January 2018.

Cohen has said that he did not have a formal role in the Trump campaign, and it is illegal to spend campaign funds for personal use – defined by the FEC as payments for expenses “that would exist irrespective of the candidate’s campaign or responsibilities as a federal officeholder.”

“They’re on shaky legal ground,” said Stephen Spaulding, chief of strategy at the nonprofit watchdog group Common Cause. “It sounds like they are really pushing the envelope … If the campaign were to say they are campaign-related payments, then maybe it’s okay to use campaign funds. But he can’t have it both ways.”

Legal experts told ABC News that if the payments referenced in the FEC filings are related to the Russia investigation, they likely wouldn’t violate campaign finance law, as the investigation is related to the 2016 presidential campaign. If the payments are related to the Stormy Daniels matter, however, the campaign could have a problem.

It is not clear what type of legal work the payments were for, but sources familiar with the matter said that the legal work in question was not related to Daniels.

A spokesperson for the Trump campaign declined to comment on the payments. Ryan, Cohen’s attorney, did not respond to multiple requests for comment.

Cohen has been Trump’s personal attorney and confidant for more than a decade, but he is now facing possible legal exposure related to his work for Trump.

Ryan has represented Cohen in two key legal matters — Special Counsel Robert Mueller‘s ongoing investigation into possible collusion between the Trump campaign and Russian agents ahead of the 2016 presidential election, and the so-called “hush” agreement he arranged with a porn star who claimed to have had a sexual encounter with Trump in 2006.

Mueller’s team has subpoenaed the Trump Organization for Russia-related documents, according to sources with direct knowledge of the matter, and congressional investigators have asked Cohen to explain his role in confidential negotiations to build a Trump Tower in Moscow at the height of the presidential campaign. Cohen told ABC News in Augusts that the Trump Organization seriously considered the proposal — which would have brought the world’s tallest building to Moscow — before eventually abandoning the plan.

The special counsel could also be interested in Cohen’s $130,000 payment to adult film actress Stormy Daniels shortly before the election to keep quiet about an alleged affair with Trump. Earlier this month, the FBI raided Cohen’s home, office, and hotel room and seized records related to the Daniels matter, after a referral from Mueller’s team was made to the U.S. Attorney in the Southern District of New York. Cohen has not been charged with a crime. He appeared in court last week, where a judge appointed a “special master” to review the seized material to determine what records, if any, fall under attorney-client privilege.

Cohen’s possible legal jeopardy doesn’t end with the investigation by the U.S. Attorney’s Office for the Southern District of New York or the special counsel. Daniels has since sued Trump and Cohen over the “hush” agreement, challenging its legitimacy because Trump never signed it, and she later added defamation charges against Cohen to the suit. In a court filing last week, Cohen revealed his plans to exercise his Fifth Amendment rights against self-incrimination in that lawsuit.

The Trump campaign spent more than $830,000 on legal consulting during the first three months of 2018, including one payment to the firm representing Cohen, according to FEC reports. The payments made up more than 20 percent of the total campaign expenditures.

More than $279,000 of that went to two other law firms — Harder LLP received $93,181 and Larocca, Hornik, Rosen, Greenberg & Blaha received $186,279 — that have represented President Trump and Cohen in matters related to Daniels, but sources said these particular payments were related to other matters.

The Trump campaign also paid Larocca, Hornik, Rosen, Greenberg & Blaha firm nearly $81,000 for “legal consulting” during the 2016 election cycle, FEC reports show. President Trump added Lawrence Rosen, a partner at Larocca, Hornik, Rosen, Greenberg & Blaha, to his legal team in March to handle the legal issues following the disclosure of the so-called “hush” agreement that Cohen negotiated with Daniels. Rosen did not respond to a request for comment on the payments.

The Patriot Legal Defense Fund was established earlier this year to help former Trump campaign staffers and Trump administration officials pay for legal bills associated with the ongoing Russia probes. It is unclear, however, who has benefited from the fund as it does not disclose its beneficiaries. Trump and his immediate family members are excluded from receiving money from the fund, and a source close to former national security adviser Michael Flynn told ABC News in February that he would not accept support from the fund.

In 2017, the Trump campaign also paid legal fees to the attorneys representing top aides – and family members – tangled in the ongoing Russia probes. The Trump campaign and the Republican National Committee paid $514,000 in legal fees for Donald Trump Jr, and in January, the Trump campaign paid more than $66,000 to the law firm representing former Trump bodyguard Keith Schiller, who has been a fixture at Trump’s side for decades and served as Trump’s director of Oval Office operations until September.

[ABC News]

Trump Put on the Spot About ‘Sh*thole Countries’ Remark in Presser with Nigerian President

President Trump held a joint press conference today with Nigerian President Muhammadu Buhari, and at one point, the African leader was asked about Trump’s infamous comments about “shithole countries.”

Buhari hesitated to weigh in much on this topic, explaining, “The best thing for me is to keep quiet.”

Trump, who didn’t even deny making that comment in the first place, said it didn’t come up in their discussions:

“We didn’t discuss it, and you do have some countries that are in very bad shape and very tough places to live in. But we didn’t discuss it, because the president knows me, and he knows where I’m coming from and I appreciate that. We did not discuss it.”

[Mediaite]

Trump Stands By His ‘Muslim Ban’ Campaign Rhetoric: ‘There’s Nothing to Apologize For’

President Donald Trump apparently stood by his campaign calls for a “Muslim ban” in a news conference with Nigerian President Muhammadu Buhari on Monday, telling a reporter he has “nothing to apologize for” regarding his rhetoric.

The first question of his joint presser went to Washington Times reporter S.A. Miller, who pointed out that the opposition to the Trump administration’s travel ban in court rests on his campaign rhetoric calling for the ban of Muslims from the U.S.

“The lawyers for your opponents said if you would simply apologize for your rhetoric from the campaign, the whole case would go away,” Miller noted.

“I don’t think it would,” Trump replied. “And there’s no reason to apologize. Our immigration laws in this country are a total disaster, they’re laughed at all over the world, they’re laughed at, for their stupidity.”

“We have to have strong immigration laws,” Trump continued. “So I think if I apologized it wouldn’t make ten cents of a difference to them. There’s nothing to apologize for. We have to have strong immigration laws to protect our country.”

Despite the administration’s claims that its immigration ban on seven Muslim-majority countries is not a ban on Muslims, it has struggled against opponents in court cases who use Trump’s campaign rhetoric calling for a “Muslim ban” against him.

[Mediaite]

Media

Trump Responds to Fox News Chyron Praise: I ‘Just Want to Do What is Right’

President Donald Trump spent a bit of time Sunday night live-tweeting Fox News.

At the top of Fox News’ The Next Revolution with Steve Hilton a chyron appeared on the screen reading “Steve: Trump’s triumphs are driving his critics crazy.”

Trump, obviously pleased with the praise, responded with a tweet, quoting the words on the screen.

“‘Trump’s Triumphs are driving his critics Crazy!’” Trump wrote, adding the exclamation point. “Thank you Steve Hilton, just want to do what is right for our wonderful U.S.A.”

At the close of the Trump flattering show, Hilton then acknowledged Trump’s tweet and gave him another shout out, noting the “special viewer watching us” and adding, “we’re just glad he’s watching and glad all of you are, too.”

[Mediaite]

Trump calls WHCD a ‘very big, boring bust’

President Trump continued to denigrate the White House Correspondents’ Dinner on Sunday morning — calling the gathering a “very big, boring bust.”

Trump fired off a few tweets celebrating the campaign-style rally he held for supporters Saturday night in Michigan, which was organized to coincide with the annual dinner organized by the White House Correspondents’ Association. This was the second consecutive year that the president broke from tradition by skipping the black-tie affair.

Comedian Michelle Wolf’s pointed performance elicited fierce reactions from fans and critics. It was variously described as “magnificently funny” and “unnecessarily cruel.” Trump agreed with the latter, calling Wolf a “so-called comedian” and suggesting that Fox News host Greg Gutfeld host next year’s dinner.

Most of the criticism directed toward Wolf dealt with her jokes at the expense of conservative women. Many prominent figures, both liberal and conservative, were offended what the “Daily Show” contributor said about White House press secretary Sarah Sanders. Trump, who was famously lampooned at the 2011 dinner by Seth Meyers, sent Sanders to represent the administration in his place. She was seated on the dais throughout Wolf’s performance.

Margaret Talev, president of the White House Correspondents’ Association, told Politico that some of Wolf’s material made her feel uncomfortable.

“The association by tradition does not preview or censor the entertainer’s remarks,” Talev said. “Some of them made me uncomfortable and did not embody the spirit of the night. And that is protected by the First Amendment. I appreciated Sarah Sanders for joining us at the head table and her grace through the program.”

Sanders’s father, former Arkansas Gov. Mike Huckabee, condemned the dinner, claiming it celebrated “bullying, vulgarity, and hate” rather than the First Amendment, as intended.

[Yahoo]

The Justice Department Deleted Language About Press Freedom And Racial Gerrymandering From Its Internal Manual

Since the fall, the US Department of Justice has been overhauling its manual for federal prosecutors.

In: Attorney General Jeff Sessions’ tough-on-crime policies. Out: A section titled “Need for Free Press and Public Trial.” References to the department’s work on racial gerrymandering are gone. Language about limits on prosecutorial power has been edited down.

The changes include new sections that underscore Sessions’ focus on religious liberty and the Trump administration’s efforts to crack down on government leaks — there is new language admonishing prosecutors not to share classified information and directing them to report contacts with the media.

Not all changes are substantive: Long paragraphs have been split up, outdated contacts lists have been updated, and citations to repealed laws have been removed.

The “US Attorneys’ Manual” is something of a misnomer. Federal prosecutors in US attorney offices across the country use it, but so do other Justice Department — often referred to as “Main Justice” — lawyers. The manual features high-level statements about department policies and priorities as well as practical guidance on every facet of legal work that comes through the department.

The last major update to the manual was in 1997. Deputy Attorney General Rod Rosenstein — the DOJ’s number two official and a veteran federal prosecutor — ordered the top-to-bottom review, according to department spokesperson Ian Prior. In a March speech announcing changes to the department’s policy for enforcing certain anti-corruption laws, Rosenstein lamented the difficulty prosecutors have keeping track of policy and procedure changes when they aren’t reflected in the manual.

Some of the recent changes were publicly announced. In January, for instance, the department said it was adding a section called “Respect for Religious Liberty,” directing prosecutors to alert senior officials about lawsuits filed against the US government “raising any significant question concerning religious liberty” and articulating “Principles of Religious Liberty” that Sessions laid out in an earlier memo.

Most changes haven’t been publicly announced, though, which is common practice, according to former DOJ officials who spoke with BuzzFeed News. US attorney offices have been notified of the significant changes so far, and notice will go out when the review is done, Prior said. The public version of the manual online notes when individual sections were last updated.

The Justice Department declined to comment on specific changes. In a statement to BuzzFeed News, Prior said the manual is meant to be a “quick and ready reference” for lawyers, not “an exhaustive list of constitutional rights, statutory law, regulatory law, or generalized principles of our legal system.”

“While sections of the USAM have changed over time, the last comprehensive review and update of the USAM occurred twenty years ago. During that time, policies have changed or become outdated, and leadership memos were issued without being incorporated into the USAM. As part of the effort to consolidate policies into a useful one-stop-shop of litigation-related documents for the Department, the Deputy Attorney General ordered a thorough, department wide review of the USAM,” Prior said. “The purpose of that review is to identify redundant sections and language, areas that required greater clarity, and any content that needed to be added to help Department attorneys perform core prosecutorial functions.”

The review is taking place while the Justice Department is still missing several Senate-confirmed officials, including heads of the Criminal Division, the Civil Division, the Civil Rights Division, and the Environment and Natural Resources Division. Nominees for those posts are waiting for a final vote in the Senate. Trump has yet to announce a nominee for associate attorney general, the department’s third-ranking official, following the February departure of Rachel Brand. Prior said that the review process has included career attorneys from across the department.

Sections of the manual that dealt with a variety of personnel and administrative issues, many of which are explained in other internal department documents or are included in federal statutes and regulations, were removed. Those sections included language about what happens when a US attorney spot is vacant, policies for securing and paying witnesses, and compliance with the Freedom of Information Act.

BuzzFeed News compared the latest version of the manual with earlier versions saved via the Internet Archive’s Wayback Machine.

[Buzzfeed]

Corey Lewandowski flashes white power ‘OK’ symbol on stage at Trump’s Michigan rally

Corey Lewandowski, who was campaign manger for Donald Trump in 2016 until being fired for being charged with battery after he grabbed a female reporter, joined Donald Trump on stage in Michigan Saturday night.

Lewandowski briefly took the microphone, and confusedly introduced Trump as “the next president of the United States.”

But not before he appeared to flash the “OK” symbol, as captured by Fox News cameras which had a wide-view shot at the time.

The “OK” symbol is widely used by white supremacists like Richard Spencer, though alt-right types like Stephen Miller and random interns also use it.

While the symbol is used by white supremacists as a symbol of their common beliefs, they also claim it’s a meta-troll and that people are getting angry about an “OK” symbol. The Anti-Defamation League says it’s not a hate symbol—it’s just a symbol made by right-wingers who want to show they have an affinity with Nazis but who are not Nazis.

[Raw Story]

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