Category: Ignorance of Law

Trump encourages boycott against Harley-Davidson

Leave a comment

President Donald Trump said it’s “great” that consumers might boycott Harley-Davidson if it moves some motorcycle production overseas.

The President tweeted about the potential boycott on Sunday

“Many @harleydavidson owners plan to boycott the company if manufacturing moves overseas. Great!” Trump wrote. “Most other companies are coming in our direction, including Harley competitors. A really bad move! U.S. will soon have a level playing field, or better.”

Harley-Davidson did not respond to request for comment on Sunday.

Trump’s remark came after the President hosted “Bikers for Trump” supporters at his golf club in Bedminister, New Jersey, over the weekend.Dozens of bikers descended on the posh club house, where Trump shook hands, posed for selfies and delivered an enemy-bashing speech to a cheering crowd, according to a report from the Associated Press.

Tensions between the administration and Harley-Davidson have brewed for months.

It started when Trump imposed hefty tariffs on steel and aluminum imports earlier this year in an effort to bolster domestic manufacturing. The European Union responded by pledging to raise tariffs on a list of goods that are imported from the United States, including Harley motorcycles.

American demand for motorcycles has waned while foreign interest has grown. So, that wasn’t good news for the Wisconsin-based bike manufacturer.
Harley said it stands to lose as much as $100 million a year, and the company pledged to shift some of its production abroad so that it could avoid the added tariffs on motorcycles sold in the EU.

Trump accused Harley of using the European retaliatory tariffs as “an excuse” for moving manufacturing abroad. Trump, echoing a top union for Harley workers, claimed the company planned to shift some operations to Thailand before the tariffs were announced.

Harley acknowledged it already had been moving some production abroad, but said moving more production overseas was the “only sustainable option” in the face of a trade war.

The President also said last month his administration was “working with other Motor Cycle companies who want to move into the U.S.”

[CNN]

Trump compares Paul Manafort to Al Capone, fails to mention their tax evading similarities

Leave a comment

President Trump deployed quite the metaphor for the first trial in Special Counsel Robert Mueller’s Russia probe.

Paul Manafort, Trump’s former campaign chair whose trial for tax and bank fraud began Tuesday, is being treated worse than infamous mobster Al Capone, the president declared. Scratch that — “Alfonse Capone.”

“Alfonse” is presumably the knockoff cousin of Alphonse “Al” Capone, Chicago’s murdering gangster eventually taken down for tax evasion. Manafort is similarly charged with hiding millions of dollars from the IRS, which is probably not the comparison Trump was hoping to draw.

[The Week]

Reality

Manafort is not “serving” his sentence yet. He violated the terms of his bail by attempting to influence witnesses and publish while under a gag order. He *earned* his jail confinement.

Trump: Cohen taping me ‘totally unheard of & perhaps illegal’

Leave a comment

President Donald Trump claimed on Saturday that he “did nothing wrong” after reports surfaced that Michael Cohen, his former personal attorney, secretly recorded him shortly before the 2016 presidential election talking about buying the rights to the story of a former Playboy model who alleges she had an affair with Trump.

In his first public comments since a series of explosive reports in The New York Times and Wall Street Journal on Friday, Trump said it was “inconceivable that a lawyer would tape a client — totally unheard of & perhaps illegal.”

The recording was seized in April when the FBI raided Cohen’s office and hotel rooms in Manhattan, The Times reported, citing lawyers and others familiar with the recording.

Laws on taping private conversations differ from state to state, and it is not clear where Cohen recorded Trump. New York state, for example, has a “one-party consent” law, which makes it a crime to record an in-person or telephone conversation unless one party participating in the conversation consents.

The Journal reported the conversation took place in September 2016, a month after American Media Inc., the publisher of the National Enquirer, had purchased the rights to ex-Playmate Karen McDougal’s story of the alleged extramarital affair.

Cohen suggested that he and Trump consider buying the rights to her story themselves, which would have effectively reimbursed the Enquirer for its payments to McDougal. It is unclear why they didn’t, The Journal said.

McDougal has said that AMI agreed to pay her $150,000 for her story but then did not publish it.

David Pecker, the CEO and chairman of AMI, is a Trump supporter who reportedly described the president as a “personal friend.” Former AMI employees told The New Yorker that Pecker often buys the rights to a story in order to bury it — a tabloid-industry practice called “catch and kill.”

McDougal says she had an year-long affair with Trump more than a decade ago, which Trump has denied.

McDougal also has filed a lawsuit seeking the right to speak publicly about her alleged affair with Trump. Adult film star Stormy Daniels has also sued the president to nullify a nondisclosure agreement about an alleged affair, which the White House also has denied.

Rudy Giuliani, Trump’s lawyer, said the recording demonstrated no wrongdoing by Trump.

“Nothing in that conversation suggests that [Trump] had any knowledge of it in advance,” Giuliani said. “In the big scheme of things, it’s powerful exculpatory evidence.”

Trump was “unaware” that Cohen was recording him, CNBC reported on Friday, citing a source familiar with the matter. The source also said other tapes exist, but the president’s legal team is not aware of any other “substantive tapes.” NBC News has confirmed that report.

The White House declined to comment.

Often described as Trump’s “fixer,” Cohen is the subject of a probe by the U.S. attorney in Manhattan.

Lanny Davis, an attorney for Cohen, said, “Obviously, there is an ongoing investigation, and we are sensitive to that. But suffice it to say that when the recording is heard, it will not hurt Mr. Cohen. Any attempt at spin can not change what is on the tape.”

Barbara Jones, the special master overseeing the review of evidence seized from Cohen, said on Friday she was provided with 4,085 items that Cohen, Trump or the Trump Organization marked as attorney-client privilege. But Jones pushed back on the designation of 1,452 of those items, so those will be handed over to government investigators.

Cohen’s lawyers found the recording when reviewing the seized materials from the raid and shared it with Trump’s lawyers, The Times said, citing three unnamed sources.

[NBC News]

Reality

New York is a “one-party consent” state, meaning as long as one party of the conversation, most likely you, agree to be recorded then it’s totally legal.

And of course Trump never heard of Michael Cohen’s secret tapes, that’s why they were secret tapes!

White House: Trump will consider letting Russia question investor, former ambassador

Leave a comment

President Donald Trump will consider allowing Russian investigators to question U.S.-born investor Bill Browder, former U.S. ambassador to Russia Michael McFaul and others after President Vladimir Putin floated the idea, White House press secretary Sarah Huckabee Sanders said Wednesday.

“He said it was an interesting idea. He didn’t commit to anything,” Sanders said at the daily press briefing. “He wants to work with his team and determine if there’s any validity that would be helpful to the process…It was an idea they threw out.”

Later in the day, State Department spokeswoman Heather Nauert called the concept “absolutely absurd.”

“The fact that they want to question 11 American citizens, and the assertions that the Russian government is making about those American citizens — we do not stand by those assertions,” Nauert said.

In a joint press conference with Trump Monday, Putin proposed that the U.S. allow Russian officials to interview Americans in exchange for Russia allowing U.S. officials to interview Russians, such as the 12 people recently indicted for their role in hacking Democratic computer systems in 2016.

“This kind of effort should be a mutual one,” Putin said Monday. “We would expect that the Americans would reciprocate.”

The idea was “an incredible offer,” Trump said.

The Russian leader mentioned Browder, whom, he said, “we have an interest of questioning” over tax issues. Browder has been at odds with the Kremlin for years, including because of his advocacy for efforts to sanction Russians suspected of committing human rights violations.

On Tuesday, the Russian Prosecutor General’s office released a wishlist of potential people to extradite, including members of the State and Homeland Security departments and members of the CIA. McFaul, a former ambassador who had strained relations with the Kremlin and has since said he was banned from traveling to Russia, was also included.

“I hope the White House corrects the record and denounces in categorical terms this ridiculous request from Putin,” McFaul tweeted Wednesday. “Not doing so creates moral equivalency between a legitimacy US indictment of Russian intelligence officers and a crazy, completely fabricated story invented by Putin.”

It would be an extraordinary step to allow Russian investigators access to current or former U.S. officials. Browder, though born in the U.S., is now a British citizen, so it is unclear how a deal involving him would work.

[Politico]

Dubious Fox News article appears to have sparked Trump attack on Obama

Leave a comment

President Donald Trump appeared to rely on a dubious Fox News report Tuesday morning to unleash an attack on his predecessor, accusing President Barack Obama, without any real evidence, of granting citizenship to 2,500 Iranians as part of nuclear deal negotiations.

“Just out that Obama Administration granted citizenship, during the terrible Iran Deal negotiation, to 2,500 Iranians – including to government officials,” Trump tweeted. “How big (and bad) is that?”

Jeff Prescott, the former senior director on Obama’s National Security Council, called Trump’s allegation “absurd and entirely false.”

Prescott shared with CNN immigration data from the Department of Homeland Security which showed that the number of Iranians naturalized in the United States over the course of the Obama and Bush administrations was relatively consistent.

“There was no connection between the Iran nuclear deal and immigration policy,” Prescott added.

The unsubstantiated claim first gained attention with a Monday story on Fox News’ website that relied on the word of an Iranian cleric who is also a member of the country’s parliament.

The article, written by Chris Irvine, a Fox News senior editor, cited an Iranian news agency that cited an Iranian newspaper that quoted the single Iranian cleric, who said the Obama administration provided citizenship to 2,500 unidentified Iranians during nuclear deal negotiations.

The article itself quoted, toward the end of the story, the network’s own commentator, former Obama State Department spokeswoman Marie Harf, saying, “This sounds like totally made up BS.” The story said the Department of Homeland Security and State Department declined to comment, and that a representative for former Secretary of Homeland Security Jeh Johnson could not be reached.

Prior to the Fox News article, the claim had not received any noticeable attention from the US media.

But after Fox News published its story, other outlets, primarily in the conservative media space, published similar stories. Those outlets included The Daily Mail, The Gateway Pundit, and TownHall.

The claims were also shared on Twitter by Fox News host Sean Hannity and frequent Fox guests David Clarke and Charlie Kirk.

On Tuesday morning, just hours before Trump’s tweet, the story made its way to Fox News’ airwaves on “Fox & Friends First,” the network’s early morning show. It also later aired on “America’s Newsroom,” a late-morning news program on Fox News.

“It shouldn’t be lost on anyone that this is a case of Donald Trump parroting Fox News, which is peddling the claims of an Iranian hardliner,” Prescott told CNN.

Jake Sullivan, a former Obama official who was involved at the start of the Iran nuclear negotiations, also skewered Trump for relying on Fox News’ thin report to make what he called a “completely false” claim.

“What is interesting about this is that what happened is a hardline crank in Iran just randomly made this comment, Fox News writes a story on it, and then Trump tweets it,” Sullivan said on “The Situation Room.”

[CNN]

President Donald Trump: ‘Our Laws are the Dumbest Anywhere in the World’

Leave a comment

On the same day as immigration protests and marches were held throughout the nation, President Donald Trump called for those entering the country without proper paperwork to be immediately escorted “back out.”

“When people come into our Country illegally, we must IMMEDIATELY escort them back out without going through years of legal maneuvering,” Trump opined in a midafternoon tweet.

He then added this about U.S. law: “Our laws are the dumbest anywhere in the world. Republicans want Strong Borders and no Crime. Dems want Open Borders and are weak on Crime!”

Trump’s tweet follows an earlier tweet where he claimed, “I never pushed the Republicans in the House to vote for the Immigration Bill.” Just a few days ago, however, he said just that.

[Mediaite]

Sarah Sanders: ‘Just Because You Aren’t Seeing a Judge Doesn’t Mean You Aren’t Getting Due Process’

Leave a comment

Sarah Huckabee Sanders offered an intriguing defense of Donald Trump on Monday when asked about his apparent call for the country to disregard due process when dealing with illegal immigrants.

It’s been over a week since the last White House press briefing, so Sanders was buried under an avalanche of questions regarding the president’s rescinded policy of taking migrant children away from their parents at the U.S. southern border. As Trump railed against immigration laws and people “[invading] the country” over the weekend, he tweeted at one point that immigrants need to be sent back where they came from “with no Judges or Court Cases” involved.

When CNN’s Jeff Zelany asked Sanders if Trump was saying illegal immigrants have no right to due process, she defended the president by saying that current laws allow for the deportation of illegal aliens without having to go through court.

“Thousands of illegal aliens are removed every month without seeing an immigration judge as a result of procedures in current law including voluntary removal and expedited removal. Just because you don’t see a judge doesn’t mean you aren’t receiving due process. The president is focused on securing our borders and reforming our immigration system to prevent the crisis at the border from betting worse.”

Zeleny continued to press Sanders by asking her if immigrants who are deported this way don’t get a chance to appeal for asylum or make their case before a judge.

[Mediaite]

Reality

On one hand we have the Constitution, which makes it very clear due process applies to anyone on American soil.

This was reaffirmed in the 2001 Supreme Court decision Zadvydas v. David (533 US 678): “the Due Process Clause applies to all persons within the United States, including aliens, whether their presence here is lawful or unlawful.”

But on the other hand we have expedited removal where a person does not see the inside of a courtroom and a low-level immigration officer simply deports a person without any due process. Expedited removal is only allowed to be applied to undocumented immigrants without any documentation, not on asylum seekers which we are mostly seeing today, and has historically been used only on individuals who are repeat offenders.

But the law has been used more and more over the past several years, for example 44 percent of all removals from the United States were conducted through expedited removal in 2013.

Media

Trump amplifies push to end due process for illegal immigrants

Leave a comment

President Donald Trump on Monday doubled-down on his position that due process for illegal border crossers is too time consuming, advocating instead for a border security system that prevents undocumented immigrants from entering the U.S. illegally in the first place.

“Hiring manythousands [sic] of judges, and going through a long and complicated legal process, is not the way to go – will always be dysfunctional [sic]. People must simply be stopped at the Border and told they cannot come into the U.S. illegally. Children brought back to their country,” the president wrote on Twitter, splitting his message into two posts. “If this is done, illegal immigration will be stopped in it’s [sic] tracks – and at very little, by comparison, cost. This is the only real answer – and we must continue to BUILD THE WALL!”

Trump’s border security and immigration policy has been the subject of significant criticism in recent days as outcry grew over the administration’s “zero tolerance” policy that led to the separation more than 2,000 children from parents who brought them illegally into the U.S. The president signed an executive order last week aimed at keeping families together but has continued to press for tougher border security, blaming Democrats unwilling to accede to his immigration and security proposals for issues at the border.

In his efforts to point the finger at the minority party in both houses of Congress, Trump has gone so far as to undercut his own party’s efforts at passing immigration reform legislation, writing on Twitter that House Republicans are wasting their time trying to pass such a measure when it is unlikely to pass in the Senate.

The president’s Monday derision of a legal process by which undocumented immigrants are removed from the country without judicial proceedings or review was an extension of an argument he put forward over the weekend, when he wrote that “when somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came.”

“We cannot allow all of these people to invade our Country,” he wrote. “Our system is a mockery to good immigration policy and Law and Order. Most children come without parents.”

https://www.politico.com/story/2018/06/25/trump-due-process-immigrants-669334

Trump says he’s considering pardon for Muhammad Ali, who doesn’t need one

Leave a comment

President Donald Trump said Friday he was considering granting a posthumous pardon for Muhammad Ali — prompting a lawyer for his estate and family to say thanks, but no thanks: The boxing great had his criminal conviction overturned by the Supreme Court nearly 50 years ago.

Trump, who has issued several pardons and commutations in recent weeks, told reporters that he was “thinking about Muhammad Ali,” for a pardon.

“He was not very popular then, his memory is very popular now,” Trump said at the White House shortly before a departure for the G-7 summit in Quebec City, Canada. “I’m thinking about that very seriously.”

Not long after, an attorney for Ali’s estate and family responded, saying that a pardon wouldn’t be necessary.

“We appreciate President Trump’s sentiment, but a pardon is unnecessary. The U.S. Supreme Court overturned the conviction of Muhammad Ali in a unanimous decision in 1971,” Ron Tweel, who has represented Ali and his family since 1986, told NBC News. “There is no conviction from which a pardon is needed.”

But even though there is no Ali conviction on the books — the usual reason for a pardon — former DOJ pardon attorneys say it’s too limited to think of a pardon as simply a conviction eraser.

“A pardon is an act of forgiveness,” says former pardon attorney Samuel Morrison. “The pardon is for the conduct, regardless of whether there was or still is a conviction.”

For example, In 1977, President Jimmy Carter granted amnesty, which is a pardon for a group, to all Vietnam-era draft evaders, many of whom had never been convicted.

Ali, who died in 2016, was convicted of draft evasion, sentenced to five years in prison and stripped of his heavyweight boxing title after he refused, in 1967, to report for induction to fight in the Vietnam War, declaring himself a conscientious objector and citing his Muslim faith.

Ali appealed his conviction, allowing him to remain out of prison, and the U.S. Supreme Court overturned the conviction in 1971 in a unanimous decision that found the Department of Justice had improperly told the draft board that Ali’s stance wasn’t motivated by religious belief.

Even as his health declined, Ali did not shy from politics — or from criticizing Trump. In December 2015, he released a statement slamming then-candidate Trump’s proposal to ban Muslims from entering the United States. “We as Muslims have to stand up to those who use Islam to advance their own personal agenda,” Ali said.

Meanwhile, Trump, who recently pardoned Jack Johnson, the first black heavyweight boxing champ, also said that he has a list of several thousand other names that he is reviewing for potential pardons.

Trump added that he was “looking at literally thousands of names.”

Trump has issued several pardons and commutations so far in his presidency.

In addition to his posthumous pardon last month of Johnson, the African-American boxing legend who was convicted under a law that was used as a deterrent to interracial dating, Trump has also issued pardons to conservative provocateur Dinesh D’Souza, who pleaded guilty in 2014 to violating campaign finance laws; Joe Arpaio, a former Arizona sheriff who is a favorite of immigration hard-liners; I. Lewis “Scooter” Libby, the aide to former Vice President Dick Cheney who was convicted of obstructing justice and lying to authorities during an investigation into the outing of CIA operative Valerie Plame; and Kristian Mark Saucier, a Navy sailor who took photos of classified areas inside a nuclear submarine.

On Wednesday, Trump commuted the sentence of Alice Marie Johnson, who was serving life in prison on drug charges, after reality star Kim Kardashian West lobbied the president in an Oval Office meeting to intervene on her behalf.

Trump has also hinted at pardoning lifestyle and home merchandise mogul Martha Stewart, who was convicted in 2004 on charges related to insider stock trading, and former Illinois Gov. Rod Blagojevich, who was sentenced in 2011 to 14 years in federal prison on corruption charges, including attempting to solicit bribes in exchange for President Barack Obama’s open Senate seat.

[NBC News]

Trump calls Russia probe ‘unconstitutional’

Leave a comment

President Donald Trump is calling the special counsel Russia probe “totally UNCONSTITUTIONAL!”

Trump tweets on Monday: “The appointment of the Special Councel is totally UNCONSTITUTIONAL! Despite that, we play the game because I, unlike the Democrats, have done nothing wrong!”

Trump’s team has sought to discredit special counsel Robert Mueller’s investigation into Russian meddling into the 2016 election.

Trump attorney Rudy Giuliani recently said the probe may need to be curtailed because, in his estimation, it was based on inappropriately obtained information from an informant and former FBI Director James Comey’s memos.

The FBI began a counterintelligence investigation in July 2016 to determine whether Trump campaign associates coordinated with Russia to tip the election. The investigation was opened after the emails were hacked from Democratic officials’ accounts and published; intelligence officials later formally attributed the breach to Russia.

[PBS]

1 … 8 9 10 11 12 … 16