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]

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]

Trump Asks If There Are Hispanics In The Room Before Demanding His Wall

President Donald Trump was met with silence at a campaign-style rally in Michigan Saturday night when he asked if there were any Hispanics present, then repeated his demand for a border wall.

Trump skipped the White House Correspondents Dinner to instead regale his fervent supporters in Washington, Michigan. After taking credit for Hispanic unemployment numbers dropping, the president said this:

“Any Hispanics in the room?” Trump asked to relative silence. “Naw, not so many? That’s OK.”

Then he took a swerve into: “In all fairness, Kanye West gets it. He gets it.” The president was referring to the rapper’s recent show of support for him.

Satisfied the audience was lacking in Hispanics, Trump launched into a tirade repeating his demand for his border wall, and said those illegally crossing into the U.S. are somehow voting for Democrats in elections.

“All of these people pouring across are gonna vote Democrat,” he claimed, even though studies have shown few undocumented people vote for anyone, Democrats or otherwise, except in the few places where their votes are specifically allowed.

“They do it for a lot of reasons,” Trump said. “A lot of times they don’t even know what they’re doing or why they’re doing it, but we have to have borders and we need it fast.”

He threatened to “close down the country” if he doesn’t get funding for his wall in next year’s budget.

Before Trump attempted to reach out to Hispanic voters in South Florida earlier this month, he employed a similar tactic of surveying the audience.

“Are there any Hispanics in the room?” Trump asked during a roundtable discussion on tax cuts, The Washington Post reported.

He didn’t wait for an answer.

“No, I doubt it,” he said.

[Huffington Post]

Trump declares unemployment problem solved and announces plan to let low-skill guest workers in

At his Saturday night rally in Michigan, Donald Trump said that the nation’s employment problems are solved and announced that he is let low-skill workers come into the country to do agriculture work.

“And for the farmers, OK, it is going to get good. And we’re going to let your guest workers come in,” he said. “We’re going to have strong borders, but we have to have your workers come in… The employment picture is so good, so strong, that we have to let people in.

While talking a lot about the wall, Trump said that he would allow guest workers to come in. But, he said, he would then want them to leave.

“Guest workers. Don’t we agree? We have to have ’em,” he said.

The line got tepid applause.

[Raw Story]

Media

Fireworks at Trump Rally as POTUS Goes on Wild Comey Rant: ‘I Did You a Favor’ By Firing Him

President Donald Trump unleashed a lengthy tirade against ex-FBI Director James Comey during his Saturday night rally in Washington Township, MI. The crowd erupted in applause as Trump began repeatedly asking “What about James Comey?” several times and “How ’bout this guy Comey?” before condemning the former head of the federal agency and the American press.

“And what about — hey, what about Comey? Have you watched him on the interviews? What about Comey? What about Comey? How about that? So Comey — how about this guy, Comey?” Trump began. “He said the other night the fake dirty dossier, he said the other night on Fox, he said very strongly, ‘No, I didn’t know that it was paid for by the Democrats and Hillary Clinton.’ He didn’t know. He didn’t know. How about that?”

The president was referring to Comey’s wide-ranging interview on Friday with Fox News’ Bret Baier to discuss his new book, A Higher Loyalty, as well as the FBI’s investigations into Trump and Clinton.

“When did you learn that the [Democratic National Committee] DNC and Hillary Clinton campaign had funded Christopher Steele’s work?”

“I still don’t know that for a fact,” Comey replied. “I’ve only seen it in the media. I never knew exactly which Democrats had funded. I knew it was funded first by Republicans.”

Fusion GPS, the firm which produced the dossier, was first funded by the conservative publication The Washington Free Beacon “to provide research on multiple candidates in the Republican presidential primary,” according to statements representatives from the outlet provided to Congressional investigators last year.

But at Trump’s rally on Saturday, the president decried Comey and the situation surrounding the dossier, describing both as a “disgrace.”

“Comey is a liar and a leaker,” he continued. “You know, I did you a great favor when I fired this guy. I tell you, I did you a great favor. Because when you look at what was going on at the top of the FBI, it is a disgrace and everybody in this room understands it.”

[Mediaite]

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