Category: Authoritarian

Trump suggests watchdog report shows Mueller probe was ‘illegal’

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President Trump on Tuesday suggested without evidence that last week’s Justice Department inspector general (IG) report criticizing former FBI Director James Comey over his handling of official memos proved that the special counsel’s Russia investigation was “illegal.” 

Trump also falsely claimed that Robert Mueller’s report on Russian interference showed there was “no obstruction,” despite the special counsel not reaching a conclusion either way on whether the president obstructed the investigation.

“Based on the IG Report, the whole Witch Hunt against me and my administration was a giant and illegal SCAM,” Trump tweeted, using his common moniker for the Mueller investigation. 

Justice Department Inspector General Michael Horowitz released a report on Thursday saying that Comey violated FBI policies and his employment agreement by mishandling memos detailing his conversations with Trump.

Comey gave one of the memos, which contained information about the ongoing investigation into ex-national security adviser Michael Flynn, to a friend with instructions for him to leak it to a journalist. Comey has defended his decision, saying he did it in part to trigger the appointment of a special counsel to oversee the Russia investigation.

The inspector general issued a scathing rebuke of Comey’s handling of sensitive investigative information.

“By not safeguarding sensitive information obtained during the course of his FBI employment, and by using it to create public pressure for official action, Comey set a dangerous example for the over 35,000 current FBI employees — and the many thousands more former FBI employees — who similarly have access to or knowledge of non-public information,” the inspector general wrote. 

Horowitz did not, however, recommend whether Comey should face charges, and Attorney General William Barr decided against prosecuting him for any criminal wrongdoing.

The report by the inspector general, who is currently investigating other aspects of the Russia probe, did not include any criticisms of the Mueller investigation itself.

After Comey leaked the memo about the February Flynn conversation, the Justice Department appointed Mueller as special counsel to investigate Russia’s election interference and whether the Trump campaign coordinated with Russia to interfere in the election.

Mueller concluded the investigation in March without finding evidence to charge associates of the campaign in a broader conspiracy with Russia. Mueller also did not reach a conclusion on whether Trump obstructed the probe, but Barr has since determined the evidence to be insufficient to accuse the president of criminal wrongdoing. 

House Democrats have sought to pick up threads from Mueller for further investigation, including the House Judiciary Committee, which launched a sprawling investigation into alleged obstruction and abuses of power by Trump earlier this year. The White House has accused Democrats of attempting a “do-over” of the special counsel’s probe.

[The Hill]

Trump refused to back down from his claim that Hurricane Dorian could hit Alabama, even after the National Weather Service said it was false

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US President Donald Trump has refused to back down from his claim that Hurricane Dorian was forecast to hit Alabama, even as the National Weather Service on Sunday rejected the president’s assertion.

In a tweet Monday, Trump focused his attack on the ABC White House correspondent Jonathan Karl, who had reported on the network’s “World News Tonight” show that Trump on Sunday had “misstated the storm’s possible trajectory.”

“I suggested yesterday at FEMA that, along with Florida, Georgia, South Carolina and North Carolina, even Alabama could possibly come into play, which WAS true,” the president tweeted Monday.

“They made a big deal about this when in fact, under certain original scenarios, it was in fact correct that Alabama could have received some ‘hurt.’ Always good to be prepared! But the Fake News is only interested in demeaning and belittling. Didn’t play my whole sentence or statement. Bad people!”

The NWS office in Birmingham, Alabama, on Sunday had unambiguously rejected the president’s assertion that Alabama was in the storm’s path.

On Sunday morning, Trump tweeted: “In addition to Florida, South Carolina, North Carolina, Georgia, and Alabama, will most likely be hit (much) harder than anticipated.”

The NWS tweeted a response just 20 minutes later: “Alabama will NOT see any impacts from Dorian. We repeat, no impacts from Hurricane Dorian will be felt across Alabama. The system will remain too far east.”

The veteran meteorologist James Spann also rejected the president’s claim, tweeting Sunday: “Alabama will not be impacted by Dorian in any way.”

The White House has not responded to a request from Business Insider on the source of the president’s claim.

Despite the NWS’ correction, Trump continued to claim on Sunday that Alabama could be hit, once in remarks to reporters on the South Lawn of the White House and later in remarks at a meeting with officials from the Federal Emergency Management Agency.

In its latest update on the storm, the National Hurricane Center said early Tuesday that Dorian was stationary just north of the Bahamasbut that a sharp turn northward could cause it to directly hit the coast of Florida.

Florida, Georgia, and the Carolinas have all declared states of emergency in response to the storm, with mandatory evacuations affecting more than 1 million people in coastal areas.

[Business Insider]

On Labor Day, Trump slams top union leader and NAFTA

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On Labor Day, President Trump called out one of the country’s top labor leaders, Richard Trumka, with an accusation that he and “his Dems” didn’t do enough to oppose the “terrible” North American Free Trade Agreement (NAFTA). 

His comments on the AFL-CIO president followed an appearance by Trumka on “Fox News Sunday”

“Just watched AFL-CIO President Richard Trumka on @FoxNews and thought to myself how different he is on TV than he is when he is with me at the White House. Likes what we are doing until the cameras go on. We got robbed on Trade and everything else while his Dems just sat back and watched,” Mr. Trump tweeted. 

He added, “NAFTA is the worst Trade Deal ever made – terrible for labor – and Richard let it stand. No wonder unions are losing so much. The workers will vote for me in 2020 (lowest unemployment, most jobs ever), and should stop paying exorbitant $Dues, not worth it! ” Mr. Trump continued to quote segments airing on Fox News for much of Labor Day morning. 

NAFTA, the trade agreement between the U.S., Canada and Mexico, has been in place since 1994 and will remain so until the new deal signed by the president, the United States–Mexico–Canada Agreement (USMCA), is ratified.

In the past, Trumka praised the president’s move to end the longstanding trade agreement, but he has since disparaged USMCA as “falling short of what we need.” USMCA has not yet been ratified by lawmakers, but the White House hopes to send legislation to Congress this month. 

In his appearance on Fox, Trumka argued that USMCA isn’t enforceable, telling the outlet, “An unenforceable trade agreement is a windfall for corporations and a disaster for workers.” 

In response to the president’s tweets, the AFL-CIO said in a statement to CBS News: “We’ve been clear on what working people want, in private and in public. It’s our job to tell the president what he needs to hear—not what he wants to hear.”  

The president’s tweets came as the Southeast braces for potential impact of Hurricane Dorian which has already ripped through the Bahamas, bringing catastrophic winds and rain. 

Mr. Trump had originally planned to be in Poland to commemorate the 80th anniversary of the beginning of World War II, but late last week he canceled the trip, sending Vice President Pence in his place, so that he could be in the U.S. to keep an eye on the gathering storm.

Meanwhile, as the president was spotted taking in a round of golf at his Sterling, Virginia course, the Trump re-election campaign unveiled its labor day commemoration plans by taking their thanks to America’s workforce to the skies.

The Trump campaign will employ aerial advertising in five locations around the nation to reach beachgoers at peak times of the day on Monday. The locations include Detroit, MI; Cleveland, OH; Milwaukee, WI; Erie, PA; and Virginia Beach, VA — all notably battleground states for the 2020 election. 

“Labor Day is the perfect time to thank American workers for everything they do for our country,” said Tim Murtaugh, Trump campaign communications director in a statement.

“Under President Trump’s policies, the economy is strong and growing, and more Americans are working than ever before.  The American economy is the envy of the world and our American workers are the best on the planet.”

[CBS News]

Reality

Funny thing is, Trump’s USMCA is NAFTA with a few tweeks on the margins, and the shift from NAFTA to USCMA should not impact the three countries dramatically. Only certain industries will be affected, and only by a small amount. 

After criticism by Paul Krugman, Trump just lashed out at American labor on Labor Day

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For a newspaper that he constantly describes as “failing” and “Fake News,” Donald Trump pays an awful lot of attention to The New York Times.

A series of tweets by the paper’s Nobel Prize-winning economics columnist Paul Krugman referenced an article in the newspaper on how Trump’s establishment of “Opportunity Zones” — part of the Republican tax bill that gave billions in tax cuts to the already wealthy while offering pittances to everyone else — primarily benefited Trump’s associates and benefactors in a swampy mass of corruption as usual.

Krugman’s strong indictment of the Trump administration’s tax policies — coupled with The New York Times’ exposure of the dark underbelly of billionaire tax evasion schemes — was enough to set the president off on an epic Twitter rant, one not likely to earn him the Nobel Prize in economics that his critic already possesses.

With growing predictions of an impending economic recession looming, Trump defended his economic policies with the usual parcel of lies he offers in defense of his economic stewardship to his gullible followers.

Nothing says “truthiness” like a quote praising Trump from Fox News, at least in the president’s own eyes.

Trump went directly after Krugman in his next tweet.

Trump’s criticism of Krugman’s economic advice would certainly carry more weight if the figures he used in his tweet were anything close to the reality of the stock market performance.

No, the stock market hasn’t grown “over 50%” since Trump took office. The S&P 500 was up around 29% since the beginning of the president’s term until mid-August of this year — a figure that compares negatively to the index’s performance of a 46% gain at the same point in the Obama presidency.

Yet, any rise in the market during the Trump administration also ignores the fact that only slightly more than 50% of Americans actually own any stocks whatsoever and that the richest 10% of households controlled 84% of the total value of the stock market.

Trump says that anyone following Krugman’s advice would be doing “VERY poorly,” but their opinions about that advice will change dramatically when the poor market fundamentals caused by Trump’s trade wars and tariff impositions lead to an inevitable market collapse and wipe out the paper wealth that was generated during his term.

Unfortunately for America and the global economy, Trump is the one who doesn’t “get it.” With the U.S. Treasury bond yield curve still inverted — a historical sign that a market crash is imminent as investors flee the stock market to the safety of government bonds — chances are good that the US will enter a recession before the 2020 elections are held.

At that point, no amount of tweeted lies by Donald Trump will help reverse the economic damage his policies have caused. The smart money is following Krugman’s advice while the rich continue to exploit Trump’s tax policies to siphon money from government services that the rest of us depend on while driving up government debt to make their case to cut back or even eliminate those services.

[Occupy Democrats]

President Donald Trump Is Suing Omarosa And Others For Confidentiality Breaches

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President Trump announced today during his regular weekend tweetstorm that he is suing former aide and The Apprentice arch-villian Omarosa Manigault Newman and unspecified others for a breach of confidentiality agreements.

“Yes, I am currently suing various people for violating their confidentiality agreements,” Trump tweeted. “Disgusting and foul mouthed Omarosa is one. I gave her every break, despite the fact that she was despised by everyone, and she went for some cheap money from a book. Numerous others also!”

While the President is pursuing some cases, his most recent breach, Madeleine Westerhout, will not be one of them. The former personal assistant met with reporters in what was allegedly an “off-the-record” session, but her imprudent remarks on the President and his relationships with his family found their way into the media.

Politico reported that she Trump does not appear with daughter Tiffany in pictures because she’s overweight., adding that Trump “couldn’t pick Tiffany out of a crowd.”

While Westerhout “has a fully enforceable confidentiality agreement, she is a very good person and I don’t think there would ever be reason to use it,” Trump tweeted. “She called me yesterday to apologize, had a bad night. I fully understood and forgave her! I love Tiffany, doing great!”Omarosa is another story. Her book, Unhinged: An Insider’s Account of the Trump White House, was a highly critical account of her time with Trump on televisioni and in the White House. Trump’s campaign, Donald J. Trump For President Inc.,  filed for arbitration against Manigault Newman for allegedly breaching a 2016 confidentiality agreement. The disposition of that case has not been revealed, and it’s unclear whether that’s the lawsuit Trump referenced in his tweet today.Manigault has kept a relatively low profile since her book came out. The non-fiction account did well in its first week, then sunk, despite a huge media blitz by the talkative former aide.

[Deadline]

Trump Threatens legal actions over confidentiality in wake of Westerhout firing

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President Donald Trump on Saturday stressed his ongoing legal battles to keep details of his administration’s inner workings from emerging in books and press reports following the firing of his personal assistant.

“Yes, I am currently suing various people for violating their confidentiality agreements. Disgusting and foul mouthed Omarosa is one. I gave her every break, despite the fact that she was despised by everyone, and she went for some cheap money from a book. Numerous others also!” Trump wrote on Twitter.

Trump’s attack on his former White House adviser, Omarosa Manigault Newman, followed the firing of his personal assistant, Madeleine Westerhout, who was let go Thusday for revealing to reporters details of her relationship with Trump and his daughters.

Trump also appeared to rebut a report by the New York Times stating that Westerhout did not sign a non-disclosure agreement.

“While Madeleine Westerhout has a fully enforceable confidentiality agreement, she is a very good person and I don’t think there would ever be reason to use it. She called me yesterday to apologize, had a bad night. I fully understood and forgave her! I love Tiffany, doing great!” Trump wrote.

Trump’s 2016 campaign team, transition team and political appointees are typically expected to sign a non-disclosure agreement, even if the legal foundations of such agreements are murky. Trump Organization employees would also be routinely required to sign such agreements.

NDAs are not typically signed by federal workers as they’re thought to be public servants who are not beholden to any individual, which would include White House staff. Any agreement is therefore not easily enforceable.

Omarosa claimed she refused to sign “that draconian NDA” during her tenure at the White House following the release of a tell-all book, although she stated she signed two non-disclosure agreements during Trump’s presidential campaign and her time on “The Apprentice” in 2003.

Following her acrimonious firing, Omarosa also released audio of conversations recorded at the White House.

[Politico]

Trump Champions Faulty Legal Analysis From Fox News Commentator

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Following the release of the Justice Department Inspector General’s report pertaining to the conduct of James Comey’s handling of government information, President Donald Trump has been relentlessly attacking the former FBI director. Despite the IG finding that Comey’s conduct violated FBI regulations but not any criminal statutes, Trump on Friday reiterated his belief that Comey should have been charged criminally, a conclusion which appears to be based on a fundamental misunderstanding of the relevant law.

“’They could have charged Comey with theft of government documents, 641 of the Criminal Code, because the IG found these were not his personal documents, these were government documents,’” Trump tweeted Friday, quoting from an article written by attorney and Fox News legal analyst Gregg Jarrett. “Comey’s claim that these were just his own personal recollections would not pass the laugh test, and the Inspector General just knocked that down.’”

While 18 U.S.C. 641 does make it a crime to “steal or knowingly convert” a government record “with intent to convert it to his use” or to convey it to another without authority, as Jarrett wrote, it is also only a part of any relevant analysis of the statute. Jarrett is a former defense attorney and adjunct law professor.

Attorney Bradley P. Moss, who specializes in national security, federal employment and security clearance law, responded by pointing out that the cited law is inapplicable to the circumstances at issue.

Moss is referring to the DOJ’s Resource Manual explanationdescribing the parameters of how 641 should and should not be applied, and reads as follows:

“[T]he [DOJ] Criminal Division believes that it is inappropriate to bring a prosecution under 18 U.S.C. § 641 when: (1) the subject of the theft is intangible property, i.e., government information owned by, or under the care, custody, or control of the United States; (2) the defendant obtained or used the property primarily for the purpose of disseminating it to the public; and (3) the property was not obtained as a result of wiretapping, (18 U.S.C. § 2511) interception of correspondence (18 U.S.C. §§ 1702, 1708), criminal entry, or criminal or civil trespass.”

According to Moss, Comey’s conduct clearly aligns with the exceptions laid out in the guidelines.

“Under this DOJ policy (which is not binding and could be ignored as a matter of discretion), the Comey Memoranda qualify as ‘intangible’ given that they exist solely as a memorialization of Comey’s conversations with the president,” Moss wrote in an email to Law&Crime explaining why the first prong of the guidelines in applicable to Comey’s conduct (the second and third prongs are self-evident).

Furthermore, the DOJ policy is specifically designed to protect whistle-blowers, stating that, “a government employee who, for the primary purpose of public exposure of the material, reveals a government document to which he or she gained access lawfully or by non-trespassory means would not be subject to criminal prosecution for the theft.”

Moss explained that while the criteria for defining a whistleblower is “malleable,” the section is essentially applicable to all persons seeking to divulge non-classified information for the purpose of informing the American public.

“The core premise is that Section 641 should not be used to prosecute unauthorized disclosures of information to the press that were done for transparency reasons,” Moss wrote, adding, “This policy in no way suggests prosecution is unwarranted under different statutory provisions if the information was classified, of course.”

[Law and Crime]

Trump seriously considering blocking $250M in military aid to Ukraine

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President Donald Trump is seriously considering a plan to block $250 million in military assistance to Ukraine, a move that would further ingratiate him with Russian President Vladimir Putin, and has directed senior officials to review the aid package.Trump’s decision to order the review comes after the White House publicly lost a battle to slash foreign aid spending across the board. After scrapping the plan to slash $4 billion in foreign aid, Trump said his team would look to find cuts elsewhere in the aid budget.”The President has made no secret when it comes to foreign assistance that US interests abroad should be prioritized and other foreign countries should also be paying their fair share,” a senior administration official told CNN.Specifically, Trump has directed Defense Secretary Mark Esper and national security adviser John Bolton to oversee the process, the senior administration official said.

The President has not yet made a final decision on whether to permanently block the funds, an administration official told CNN. The review process, however, has effectively paused disbursement of the funds, which are set to expire on September 30 if they are not used.

The Pentagon has already recommended to the White House that the hold on military assistance to Ukraine be lifted, an administration official and a US defense official told CNN Thursday. A Pentagon spokesperson declined to comment on the matter on Thursday.”We do not publicly comment on internal budget deliberations. For further inquiries, I direct you to the White House Office of Management and Budget,” said spokesperson Lt. Col. Carla Gleason.However the hold on the aid remains in place, as it is the White House’s call whether to lift it, the administration official said, fueling uncertainty within the administration about what will happen to the spending after the review is formally completed.In the meantime, agencies are authorized and encouraged to execute all processes to prepare for the obligation of those funds but must wait to obligate them until the policy review is complete and the President has made a final determination, the senior official said. 

Bipartisan anger

If Trump ultimately decides to block the aid package, a possibility first reported by Politico, it would likely prompt a bipartisan uproar from members of Congress who believe US military support is essential to countering Russia’s military involvement in Ukraine.Illinois Republican Rep. Adam Kinzinger, a member of the House Foreign Affairs Committee, voiced his strong opposition to that idea in a tweet Thursday: “This is unacceptable. It was wrong when Obama failed to stand up to Putin in Ukraine, and it’s wrong now.”Democratic Sen. Bob Menendez released a statement accusing the administration of circumventing Congress and “undermining a key policy priority that has broad and deep bipartisan support.””In willfully delaying these funds, the Trump Administration is once again trying to circumvent Congress’ Constitutional prerogative of appropriating funds for U.S. government agencies. It is also undermining a key policy priority that has broad and deep bipartisan support,” he said.”Enough is enough. President Trump should stop worrying about disappointing Vladimir Putin and stand up for U.S. national security priorities,” Menendez added.

What will Trump do?

Multiple sources familiar with the issue tell CNN that the President has floated the idea of halting the funding program for weeks. The White House has recently notified relevant agencies and congressional committees of its intent to block the aid to Ukraine, one source said.However, sources say that there are still questions about what Trump will ultimately do.

[CNN]

Trump Trashes WaPo, Denies Report He Promised Pardons to Officials If They Broke Law to Build the Wall

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President Donald Trump blasted the Washington Post on Twitter this afternoon over reporting that he promised pardons to officials who would have to break the law to get the border wall done.

The Post reported Trump is frustrated with the pace of progress and desperate to get the wall built ahead of the 2020 election, and so he dismissed concerns about eminent domain, telling people to “take the land” and if they get in trouble “don’t worry, I’ll pardon you.”

Trump denied the report and claimed the Post made it up “in order to demean and disparage”:

A White House official responded to the Post saying that “Trump is joking when he makes such statements about pardons.”

[Mediaite]

Trump says Fox News ‘not working’ for him anymore

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President Donald Trump on Wednesday ratcheted up his attacks on Fox News, blasted Puerto Rican leaders as another hurricane approached the island, and kept up his drumbeat of criticism of the Federal Reserve for its failure to cut interest rates.

“Fox not working for us anymore!”

A vacationing president is unhappy that Fox News is giving some airtime to Democrats, grumbling in a tweet: “Fox isn’t working for us anymore!”

The ire of Trump was triggered by a Fox interview Wednesday morning with Xochitl Hinojosa, a spokeswoman at the Democratic National Committee. Hinojosa criticized the president repeatedly and contended that Trump was polling poorly in several key states.

Trump has lashed out at Fox several times in recent months, complaining about liberal analysts Donna Brazile and Juan Willams and news host Shep Smith. On Wednesday he said he and his supporters need to find a new media ally.

Fox News anchor Brett Baier defended the network last week, saying it has a news side and an opinion side. “Fox has not changed,” he said.

[Market Watch]

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