Category: Anti-Corruption

Barr appoints outside prosecutor to review criminal case against Michael Flynn

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Attorney General William Barr has appointed an outside prosecutor to review the criminal case of former national security adviser Michael Flynn, who is awaiting sentencing after pleading guilty to lying to the FBI, an official familiar with the matter said Friday.

Barr has tapped Jeffrey Jensen, the chief federal prosecutor in St. Louis, to conduct the review. Flynn and his attorneys have sought to withdraw his guilty plea, claiming the FBI and federal prosecutors engaged in misconduct.

Flynn’s case was one of the first brought by former special counsel Robert Mueller as part of the investigation into Russia’s interference in the 2016 presidential election and possible ties to the Trump campaign.

The development, first reported by The New York Times, caps off a controversial week for the Justice Department as the agency faces allegations it has succumbed to political pressure from President Donald Trump.

The Justice Department caused an uproar earlier this week after it intervened to reduce its recommended prison sentence for Roger Stone, a longtime friend and ally of Trump who was convicted of seven felonies, including lying to Congress. Career prosecutors who handled the case had asked for a sentence of seven to nine years in prison, which Trump said was a “miscarriage of justice.” 

The Justice Department overruled the attorneys, saying the prison recommendation was too harsh. The prosecutors withdrew from Stone’s case in apparent protest. One resigned from the Justice Department. 

In an interview with ABC News, Barr pushed back against criticism that he was doing Trump’s bidding. The president “has never asked me to do anything in a criminal case,” he said. 

But the fast-moving developments have cast a harsh spotlight on the Justice Department’s leadership, primarily Barr, and have raised fresh questions about the department’s independence from the White House. 

Flynn is scheduled to be sentenced Feb. 27. He pleaded guilty in 2017 to lying to the FBI about his communication with Sergey Kislyak, a former Russian ambassador to the U.S., in the weeks before Trump took office.

Flynn’s case has been stalled in federal court for two years as his defense team alleges the former Army general was framed in a government conspiracy. Last month, Flynn withdrew his guilty plea, accusing prosecutors of acting in “bad faith” during their investigation. 

His defense team, led by conservative lawyer and Fox News commentator Sidney Powell, declared his innocence. Flynn’s attorneys accused the government of forcing him to admit to crimes he didn’t commit and hiding evidence that would’ve exonerated him. A federal judge has rejected those claims. 

Flynn’s attorneys did not respond to calls seeking comment.

The government initially recommended Flynn be sentenced to six months in prison, citing his attempts to “thwart” prosecutors and his “apparent failure to accept responsibility.” 

Federal prosecutors later softened their position, suggesting that probation is also an “appropriate” sentence for Flynn.

Barr’s decision to tap outside prosecutors to review Flynn’s case comes as the Justice Department conducts another politically charged inquiry into the origins of the FBI’s investigation into Russian interference in the 2016 election. That probe led to the criminal charges against Flynn and cast a cloud over the first years of Trump’s presidency. 

That inquiry, which Barr launched last year, focuses on whether federal investigators abused their surveillance authority in the initial stages of the Russia investigation. John Durham, Connecticut’s chief federal prosecutor, is leading the investigation.

Also this week, the Justice Department decided not to file criminal charges against former FBI deputy director Andrew McCabe, one of several former FBI officials who have been the target of Trump’s attacks. 

The investigation into McCabe stemmed from a Justice Department Inspector General’s report that found he improperly authorized a leak about a federal investigation into the Clinton Foundation in the final weeks of the 2016 presidential campaign. Investigators concluded he displayed a lack of candor when asked about the leak. 

[USA Today]

Trump congratulates Barr for ‘taking charge’ of Stone case

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President Donald Trump praised Attorney General William Barr on Wednesday for “taking charge” of the federal case against Roger Stone — a maneuver that has provoked outrage from congressional Democrats and appeared to prompt the withdrawal of four government prosecutors.

“Congratulations to Attorney General Bill Barr for taking charge of a case that was totally out of control and perhaps should not have even been brought,” Trump wrote on Twitter. “Evidence now clearly shows that the Mueller Scam was improperly brought & tainted. Even Bob Mueller lied to Congress!”

A spokesperson for the Justice Department did not immediately return a request for comment on the president’s social media post.

Trump’s tweet comes amid escalating tensions at the Justice Department, which ramped up Tuesday after the department backed off a previous sentencing recommendation for Stone, a longtime informal political adviser to Trump.

Federal prosecutors had urged Monday that Stone be sent to prison for seven to nine years for impeding congressional and FBI investigations into connections between the Russian government and Trump’s 2016 campaign.

But after the president blasted that proposal Tuesday as a “horrible and very unfair situation,” the Justice Department submitted a revised filing that offered no specific term for Stone’s sentence and stated that the prosecutors’ recommendation “could be considered excessive and unwarranted.”

Trump also took shots Tuesday targeting former special counsel Robert Mueller’s squad of federal prosecutors — two of whom served on Stone’s prosecution team — as well as U.S. District Judge Amy Berman Jackson, who was scheduled to sentence Stone and has overseen several other Mueller-related cases.

By the end of the day, the quartet of attorneys who had shepherded Stone’s prosecution had either resigned or notified the court that they were stepping off the case. Trump reprised his attack on their initial sentencing filing Wednesday, suggesting it was perhaps the product of “Rogue prosecutors.”

“Two months in jail for a Swamp Creature, yet 9 years recommended for Roger Stone (who was not even working for the Trump Campaign),” the president tweeted, making apparent reference to a former Senate Intelligence Committee aide who pleaded guilty in 2018 for lying to the FBI. “Gee, that sounds very fair! Rogue prosecutors maybe? The Swamp!”

Trump claimed Tuesday that he had not asked the Justice Department to change the sentencing recommendation, and Hogan Gidley, the White House’s principal deputy press secretary, repeated that denial Wednesday — asserting that neither the president nor anyone at the White House pressured the attorney general or other department officials to reduce Stone’s sentence.

“Unequivocally no,” he told Fox News, adding that the president “did not interfere here with anything.”

“Look, he’s the chief law enforcement officer. He has the right to do it. He just didn’t,” Gidley said of Trump. “He didn’t make any comment — didn’t have a conversation, I should say, rather, with the attorney general, and that’s just ludicrous. It’s just another scandal that the Democrats are trying to push forward.”

A senior Justice Department official said Tuesday that the decision to alter the prosecutors’ filing was unrelated to the president’s venting on social media and came before Trump issued his critical tweet. Instead, the official said, department leaders were “shocked” by the proposal, which “was not the recommendation that had been briefed to the department.”

Still, Democratic lawmakers quickly denounced the department’s intervention in the Stone case, with Senate Minority Leader Chuck Schumer (D-N.Y.) calling Tuesday for an investigation by Justice Department Inspector General Michael Horowitz into the reversal.

Democrats’ condemnation continued Wednesday, as Sen. Richard Blumenthal (D-Conn.) demanded Barr’s resignation.

“I think that Attorney General Barr has no choice but to follow these dedicated prosecutors out the door,” he told MSNBC. “Because he’s acting simply as a henchman — a political operative — of the president, who’s always wanted the attorney general of the United States to be his Roy Cohn, his personal attorney.”

Blumenthal, who serves on the Senate Judiciary Committee, also said he had not heard back from that panel’s leader, Sen. Lindsey Graham (R-S.C.), regarding his request to probe the Justice Department’s actions.

Like Schumer, Blumenthal asked for Horowitz “to conduct an immediate, intensive investigation — because this kind of political interference is exactly the abuse of power, the dictatorial interference that we all ought to resist.”

Sen. Chris Coons (D-Del.), another member of the Senate Judiciary Committee, also had harsh words for the nation’s chief law enforcement officer.

“Bill Barr is demonstrating that he is not the attorney general for the people of the United States,” he told CNN. “He swore allegiance to the Constitution, not to one president, and I suspect it’s a tough day for a lot of career prosecutors in the U.S. Department of Justice. This is a critical moment for rule of law in our country.”

[Politico]

Trump suggests military should consider additional discipline for Vindman

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President Trump on Tuesday suggested the military should consider additional disciplinary action against Lt. Col. Alexander Vindman, who provided damaging testimony against Trump in the impeachment inquiry and was reassigned from his White House job last week.

“We sent him on his way to a much different location, and the military can handle him any way they want,” Trump told reporters in the Oval Office. “Gen. Milley has him now. I congratulate Gen. Milley. He can have him.”

Gen. Mark Milley is the chairman of the Joint Chiefs of Staff.

Asked specifically if the Pentagon should pursue further action against Vindman, Trump said it would be “up to the military.”

“But if you look at what happened, they’re going to certainly, I would imagine, take a look at that,” he said.

The president’s comments on Tuesday signaled he was open to additional punishment for officials who testified against him in the impeachment inquiry. Some of his allies have sought to cast the ouster of witnesses like Vindman as justifiable reassignments rather than retribution.

Trump added that there were more departures to come, but it was unclear if he was referring specifically to impeachment witnesses.

Defense Secretary Mark Esper on Friday signaled there would be no punishment for Vindman, saying the Pentagon protects service members from retribution. 

“We protect all of our persons, service members, from retribution or anything like that. We’ve already addressed that in policy and other means,” Esper told reporters at the Pentagon during a press conference with his Colombian counterpart.

Vindman had been working temporarily at the White House as a member of the national security council when he was dismissed. Ambassador to the European Union Gordon Sondland was fired later the same day.

Both officials were among those who testified about Trump’s conduct toward Ukraine during House impeachment inquiry hearings last year. The House ultimately impeached Trump for abuse of power and obstruction of Congress, alleging he withheld security aid from Ukraine to pressure the country to investigate his political rivals.

The Senate acquitted Trump last week in a party-line vote.

Vindman proved to be one of Democrats’ most memorable witnesses. A Purple Heart recipient, Vindman testified that he believed Trump’s conduct on a July 25 call with the Ukrainian president was inappropriate and that he reported it to his superior.

Trump has mocked Vindman for wearing his military uniform during the hearing and complained about the contents of his testimony.

On Tuesday, the president accused Vindman of leaking and going outside the chain of command

[The Hill]

Trump lashes out with a dangerous lie at the federal judge overseeing Roger Stone’s case

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President Donald Trump lashed out Tuesday night at Amy Berman Jackson, a federal judge who has overseen several key cases that arose from former Special Counsel Robert Mueller’s investigation. She is currently presiding over the case against longtime Trump friend Roger Stone, who is due to be sentenced soon after being found guilty of lying to Congress and attempting to impede its Russia investigation.

In response to a tweet naming Jackson, Trump tweeted: “Is this the Judge that put Paul Manafort in SOLITARY CONFINEMENT, something that not even mobster Al Capone had to endure? How did she treat Crooked Hillary Clinton? Just asking!”

Judge Jackson did send Manafort to prison ahead of his trial in the summer of 2018, finding that he had violated the terms of his release. But judges do not determine the conditions prisoners are kept in; those decisions are made by the prisons and jails that house inmates.

And despite his lawyer’s claims that Manafort was in solitary confinement, prosecutors described his conditions as far more accommodative than is usually imagined when the term is invoked. As Vox reported, a filing from Special Counsel Robert Mueller’s team said his conditions included:

  • Manafort “is not confined to a cell”
  • Between 8:30 am and 10 pm, Manafort “has access to a separate workroom at the jail to meet with his attorneys and legal team”
  • He has “his own bathroom and shower facility”
  • He has “his own personal telephone,” which he can use more than 12 hours a day
  • Those calls are limited to 15 minutes each, but when they cut off, he can just call the person back immediately
  • He’s made nearly 300 phone calls in the last three weeks
  • He has a personal laptop he can use in his unit to review materials and prepare for his trial
  • He was provided an extension cord to let him use his laptop in either his unit or his workroom
  • He’s not allowed to send emails, but he “has developed a workaround” for even that — his legal team brings in a laptop, he drafts the emails on that laptop, and they send them out after they leave.
  • He’s being treated like a “VIP,” according to his own account on a monitored phone call.

Jackson noted at one hearing that Manafort was later moved to another jail in Alexandria, Virginia, because of his team’s complaints. CNN explained:

She said Manafort “realized the tactic had backfired immediately.” He was in a self-contained (“VIP”) suite in Northern Neck, Jackson added.

“I’m not going to split hairs over whether the word solitary was accurate because he had a room of his own,” Jackson said.

What Manafort’s detention quarters looks like now: Now he’s in protective confinement, not technically solitary. He has a window, radio, newspapers and view of TV. He’s released for a few hours a day to walk around and be with other people

“Mr. Manafort, I don’t want to belittle or minimize the discomforts of prison for you. It’s hard on everyone, young and old, rich or poor,” she said.

In short, Trump’s attack on Jackson was a lie.

It was also extremely dangerous. Jackson’s high-profile cases have already left her vulnerable to public threats; Stone himself posted a disturbing image of the judge ahead of his trial. And Trump’s efforts to attack a judge online are at least an order of magnitude worse. His fans have been known to target the subjects of his public rebukes before, most notably in the case of Cesar Sayoc, who sent pipe bombs to Trump’s perceived enemies. The fact that he is tossing out such inflammatory attacks ahead of his friend’s sentencing in another extreme assault on the rule of law.

[Alternet]

Trump Says He Has the ‘Absolute Right’ to Tell DOJ What to Do – but Claims He Didn’t in Stone Case Despite Angry Tweet

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President Donald Trump says he has the “absolute right” to direct the Dept. of Justice in who and how it prosecutes, but claims that he didn’t, despite his furious tweet overnight attacking the DOJ and calling prosecutors’ sentencing recommendation of Roger Stone a “miscarriage of justice.”

Trump also called the 7 to 9 year recommendation of jail time for Stone, his ally, confidant, and former campaign advisor, an “insult to our country.” Trump often conflates himself and the nation, as if he is the country.

Saying he did not speak to anyone at DOJ Trump then said, “I’d be able to do it if I wanted I have the absolute right to do it.”

Calling the sentencing recommendation “ridiculous” Trump added, “I thought the whole prosecution was ridiculous.”

“That was a horrible abberition,” he concluded, apparently meaning “aberration.”

[New Civil Rights Movement]

Media


Trump hotels charge Secret Service up to $650 per night while protecting him

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Secret Service personnel traveling with President Trump to his private luxury properties in Palm Beach, Fla., and Bedminster, N.J., pay rates as high at $650 per night for lodging, according to documents obtained by The Washington Post.

The Post investigation tallied the amount of taxpayer dollars spent in Trump’s properties and found that the Secret Service spent $159,000 at Trump’s D.C. hotel in his first year alone. In the president’s out-of-state properties, the Trump company is recorded as charging as much as $17,000 per month for rent.

The newspaper noted that after a thorough search of rentals in the area for comparable homes, the average cost for rent was $3,400. 

Trump previously told The Hill in 2015 that he “would rarely leave the White House because there’s so much work to be done,” but currently he often visits his properties in Florida and New Jersey, Secret Service in tow. 

In an October interview with Yahoo News, Eric Trump, the executive vice president of The Trump Organization, answered questions about the president’s decision to host the 2020 Group of Seven summit at the president’s golf club, Trump National Doral Miami in Florida.

“If my father travels, they stay at our properties for free,” Trump said. “So everywhere that he goes, if he stays at one of his places, the government actually spends, meaning it saves a fortune because if they were to go to a hotel across the street, they’d be charging them $500 a night, whereas, you know we charge them, like $50.”

Those numbers don’t match the Post’s findings. Trump told the Post that the company is legally required to charge a fee, though they were unable to find what law he was citing.

The Post’s report comes just hours before an appeals court ruled that Democrats cannot sue President Trump over emoluments claims.

More than 200 House and Senate Democrats alleged that the president’s holdings and refusal to put his business assets into a blind trust violates the Constitution’s Foreign Emoluments Clause, which prohibits federal officials from receiving gifts from foreign countries. 

The lawmakers’ lawsuit claimed that foreign diplomats’ patronage to Trump hotels is exactly the kind of entanglement that the framers of the Constitution hoped to avoid. 

Separately, Democrats on the Senate Judiciary Committee have requested details on Trump’s travel costs as part of negotiations over legislation regulating the Secret Service. However, Treasury Secretary Steven Mnuchin has told the committee that he opposes releasing that information until December, after the general election.

The White House did not immediately respond to a request for comment.

[The Hill]

Trump moves to overhaul the National Environmental Policy Act

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The Trump administration on Thursday unveiled significant changes to the nation’s landmark environmental law that would make it easier for federal agencies to approve infrastructure projects without considering climate change.

Many of the White House’s proposed changes to the 50-year-old National Environmental Policy Act have been supported by business groups that contend the law has delayed or blocked projects like laying out oil pipelines and building dams and mines, among other things.

Environmentalists said that the rules would endanger wildlife and lead to more carbon dioxide emissions into the atmosphere, and contend that the regulations should be strengthened not weakened as the world copes with global warming.

If the proposals are enacted, it would be the first overhaul of NEPA in more than 40 years.

The plan, released by the White House Council on Environmental Quality, would no longer require any form of federal environmental review of construction projects that lack substantial government funding. The change would also widen the category of projects that will be exempt from NEPA regulations.

“We want to build new roads, bridges, tunnels, highways, bigger, better fast and we want to build them at less cost,” President Donald Trump said at the White House on Thursday.

The move is the latest effort by the Trump administration to roll back a slew of environmental regulations in place to curb greenhouse gas emissions and protect natural habitats from drilling and development.

The changes are expected to be published in the Federal Register on Friday. There will be a 60-day comment period and two open hearings before the final regulation is delivered.

The administration has argued that the law can increase costs for builders, block construction projects and threaten jobs for American workers and labor union members.

“The step we’re taking today, which will ultimately lead to final regulations, I believe will hit a home run in delivering better results to the American people by cutting red tape that has paralyzed common sense decision making for a generation,” Interior Secretary David Bernhardt said Thursday.

Jay Timmons, president and chief executive of the National Association of Manufacturers, said that the president’s plan is exactly what his group wanted.

“Our efforts should be used for building the infrastructure Americans desperately need, not wasted on mountains of paperwork and endless delay,” he said.

Sen. Maria Cantwell, D-Wash., a senior member of the U.S. Senate Committee on Energy and Natural Resources, argued that the changes prioritize polluters and corporations over the environment.

“This NEPA rewrite favors big polluters and corporate profits over balanced, science-based decision making and would prevent Washingtonians from voicing their views on proposals ranging from siting a new fossil fuel pipeline in their backyard to building an open-pit mine that could destroy the world’s largest sockeye salmon fishery,” she said in a statement.

“We need to make smarter environmental decisions, not roll back the safeguards we already have,” Cantwell said.

The administration’s proposed changes might not make it through court, according to Bruce Huber, an environmental law professor at Notre Dame Law School.

“The law requires federal agencies to report the environmental impacts of their actions that significantly affect ‘the quality of the human environment,’” he said. “If the regulations announced today drive agencies to diminish the extent or quality of their reporting, federal courts may very well conclude that their reports do not comply with the law.”

William Snape, senior counsel at the Center for Biological Diversity, said that the White House’s proposal is consistent with other environmental regulation rollbacks.

“This is all about the election and Trump getting out there and shoring up his base,” Snape said. “The Trump administration has been losing more cases than it’s winning in oil and gas – and this is a chance to blame someone else.”

[CNBC]

Trump Told Mar-a-Lago Pals to Expect ‘Big’ Iran Action ‘Soon’

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In the five days prior to launching a strike that killed Iran’s most important military leader, Donald Trump roamed the halls of Mar-a-Lago, his private resort in Florida, and started dropping hints to close associates and club-goers that something huge was coming.

According to three people who’ve been at the president’s Palm Beach club over the past several days, Trump began telling friends and allies hanging at his perennial vacation getaway that he was working on a “big” response to the Iranian regime that they would be hearing or reading about very “soon.” His comments went beyond the New Year’s Eve tweet he sent out warning of the “big price” Iran would pay for damage to U.S. facilities. Two of these sources tell The Daily Beast that the president specifically mentioned he’d been in close contact with his top national security and military advisers on gaming out options for an aggressive action that could quickly materialize.

“He kept saying, ‘You’ll see,’” one of the sources recalled, describing a conversation with Trump days before Thursday’s strike.

Trump’s gossipy whispers regarding a “big” response in Iraq foreshadowed what was to come. After hours of silence, senior officials in the Trump administration argued that what had taken place in Iraq was not an act of aggression. Instead, they said both publicly and behind closed doors on the Hill that killing Qassem Soleimani was designed to “advance the cause of peace,” as U.S. Special Envoy for Iran Brian Hook put it in a Friday interview. 

Those Mar-a-Lago guests received more warning about Thursday’s attack than Senate staff did, and about as much clarity. A classified briefing on Friday, the first the administration gave to the Hill, featured broad claims about what the Iranians were planning and little evidence of planning to bring about the “de-escalation” the administration says it wants.  

According to three sources either in the room or told about the discussion, briefers from the State Department, Pentagon, and the Office of the Director of National Intelligence claimed that killing Soleimani was designed to block Iranian plans to kill “hundreds” or even thousands of Americans in the Mideast. That would be a massive escalation from the recent attack patterns of Iran and its regional proxies, who tend to kill Americans in small numbers at a time. 

“This administration has absolutely not earned the benefit of the doubt when it makes these kinds of claims. When you’re taking action that could lead to the third American war in the Middle East in 20 years, you need to do better than these kinds of assertions,” said a Senate aide in the room. Secretary of State Mike Pompeo has also said publicly that the Iranians planned to kill hundreds of Americans before Soleimani’s killing.

Nor, said four sources who requested anonymity to discuss a classified briefing, did the briefers provide detail on a key question surrounding an act of war against a regional power: what next? 

[The Daily Beast]

Trump EPA to roll back Obama-era chemical rules

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The Environmental Protection Agency is set to roll back a set of Obama-era standards outlining how companies must store dangerous chemicals, the Washington Post reports.

Where it stands: The rules were enacted following a 2013 explosion in Texas that killed 15 people. Officials blame arson for the deadly blast, but the fertilizer plant fire was fueled by 80,000–100,000 pounds of unsafely stored ammonium nitrate. Under the EPA’s newly weakened rules, companies will no longer have to provide public information on what chemicals they store onsite.

  • Companies will also be freed from several safety procedures, including obtaining a third-party audit following an accident or conducting an analysis after major chemical releases.

Between the lines: This is the latest rollback that shows how the broad reach of President Trump’s deregulatory push goes far beyond the climate change policies of his predecessor, Axios’ Amy Harder notes.

[Axios]

Transcript Shows WH Made Up Details of Trump’s Zelensky Call

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The release of the transcript of President Donald Trump’s first call in April with Ukrainian President-elect Volodomyr Zelensky was meant to bolster the case that Trump had nothing but good intentions in his dealings with Ukraine—but it also showed a White House summary of the same call released to the public shortly after it occurred was largely fabricated. 

The White House readout, a summary of the call released hours after it occurred, claimed Trump “underscored the unwavering support of the United States for Ukraine’s sovereignty and territorial integrity—within its internationally recognized borders—and expressed his commitment to work together with President-elect Zelensky and the Ukrainian people to implement reforms that strengthen democracy, increase prosperity, and root out corruption.”

Such statements are nowhere to be found in the transcript of the call released by the president on Friday. That transcript shows Trump congratulating Zelensky on his recent election win, promising to arrange a White House visit for him, and recounting the large number of Ukrainian women who participated in Trump’s Miss Universe competitions.

Nowhere does Trump mention efforts to address Ukrainian corruption, economic prosperity, or democratic institutions. Nor does he even allude to its efforts to beat back the Russian occupation of the Ukrainian territory of Crimea.

The White House did not immediately respond to a request for comment on those discrepancies.

The White House released the transcript in an effort to undercut claims by congressional Democrats that Trump sought to leverage a Zelensky White House visit and delayed military aid to Ukraine to solicit an investigation by Ukrainian prospectors into the son of former Vice President Joe Biden and into conspiracy theories regarding a supposed Ukrainian role in the hacking of the Democratic National Committee in 2016.

Trump and his allies have claimed that the president was simply seeking to root out corruption in Ukraine, a stated objective of U.S. foreign policy for years. The readout of Trump’s April call with Zelensky indicated that Trump had indeed pressed Zelensky on that issue in particular.

But the transcript released Friday, which notes that it is not a “verbatim” account of the conversation, doesn’t even mention the word “corruption.”

The Trump White House has a checkered record of releasing summaries of his calls with foreign leaders, a practice viewed as standard in prior administrations. Many of those readouts have contained scant details of the conversations, even as foreign leaders put out far more detailed summaries, a practice that experts say allows foreign governments to put their own spin on highly consequential interactions with the president.

[The Daily Beast]

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