Category: Not Factual

Trump: I have the right to pardon myself

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President Trump on Monday said he has the right to pardon himself but insisted he has no reason to do so because he has not committed a crime, doubling down on an argument his lawyers made to the special counsel leading the Russia investigation.

“As has been stated by numerous legal scholars, I have the absolute right to PARDON myself, but why would I do that when I have done nothing wrong?” the president wrote in an early morning tweet.

“In the meantime, the never ending Witch Hunt, led by 13 very Angry and Conflicted Democrats (& others) continues into the mid-terms!”

Trump’s statements will almost certainly inflame the debate over whether he can use his presidential powers to protect himself if Mueller accuses him of wrongdoing in the probe into Russia’s interference in the 2016 presidential election.

The question was reignited over the weekend when The New York Times published a January letter from the president’s legal team that opened the door to Trump shutting down the obstruction investigation into him or even pardoning himself.

“He could, if he wished, terminate the inquiry, or even exercise his power to pardon if he so desired,” the attorneys wrote to Mueller.

Trump’s lawyer Rudy Giuliani was not a member of the team when the letter was sent, but he nonetheless agreed with the expansive view of the president’s powers shared by his predecessor, John Dowd.

Giuliani said on ABC News’s “This Week” that while the president “probably” does have the power to issue himself a pardon, it would not be politically expedient.

“I think the political ramifications of that would be tough. Pardoning other people is one thing. Pardoning yourself is another,” the former New York City mayor said.

The idea of a self-pardon received pushback from legal scholars and Democrats, who said it shows the president believes he is above the law.

They fear that a string of politically tinged pardons made by Trump is a sign he could be gearing up to use clemency to shield his associates who have been indicted in the Russia probe — or even himself.

Some Republican allies of Trump also warned him not to pardon himself.

“I don’t think a president should pardon themselves,” House Majority Leader Kevin McCarthy (R-Calif.) said on CNN’s “State of the Union.”

[The Hill]

Trump: I’ve accomplished more in my first 500 days than any other president

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President Trump on Monday touted his first 500 days in the White House, saying “many believe” he has achieved more than any of his predecessors in that same time frame.

“This is my 500th. Day in Office and we have accomplished a lot – many believe more than any President in his first 500 days,” the president wrote on Twitter.

Trump pointed to the GOP tax cuts, “lower crime,” passing the “right to try” bill, his confirmed judicial appointments and his immigration policy as accomplishments.

“Massive Tax & Regulation Cuts, Military & Vets, Lower Crime & Illegal Immigration, Stronger Borders, Judgeships, Best Economy & Jobs EVER, and much more,” he added.

[The Hill]

Reality

Not really.

Trump made a series of claims about his first 500 days in office, celebrating his economic policies, touting his success in adding jobs, and claiming to have made communities safer.

‘America’s economy is stronger … thanks to President Trump’s pro-growth agenda’

CLAIM “Three million jobs have been created since Trump took office,” booms Trump’s news release. He made the same claim at a rally in April.

REALITY What Trump does not tell people is that the rate of job creation under him is actually slower than the last four years under Obama. According to the Bureau of Labor Statistics, 2.188m jobs were added in 2017. Obama added 2.3m in 2013, 2.99m in 2014, 2.71m in 2015, and 2.24m in 2016.

Trump claimed that the unemployment rate has dropped to 3.8%. On Friday, the Bureau of Labor Statistics did indeed report the unemployment rate for May was 3.8%.

But what Trump ignores is that the unemployment rate is declining in part because of large numbers of people leaving the workforce rather than getting jobs. The percentage of workers in jobs or looking for work dropped from 62.9% in March, to 62.8% in April to 62.7% in May. Those levels have not been seen since the 1970s.

CLAIM “American families received $3.2tn in gross tax cuts.”

REALITY Trump has been making this claim since 2017, when he signed the Tax Cuts and Jobs Act into law. In fact, the bill delivers $1.5tn in tax cuts – and that number includes cuts that corporations will receive.

The disparity is because Trump does not include aspects of the bill which will actually increase taxes. Factcheck.org pointed out that the non-partisan joint committee on taxation estimates the Tax Cuts and Jobs Act will result in $1.456tn less in taxes over the next 10 years.

Some of that comes from the corporate income tax rate being cut from 35% to 21%, while the tax rate for wealthy individuals has been cut from 39.6% to 37%. The tax cut for corporations is permanent; the tax cuts for individuals will expire in 2026.

The bill is projected to add $1.46tn to the nation’s debt over the next decade. And the Washington thinktank the Center for American progress predictsthat Trump will save $11m to $15m a year under the tax bill, while Jared Kushner will save between $5m and $12m per year.

CLAIM “President Trump has rolled back unnecessary job-killing regulations such as the Clean Power Plan.”

REALITY Trump hails the government’s October 2017 decision to scrap the Clean Power Plan, which was introduced by Obama and was designed to cut US carbon dioxide emissions by 32% by 2030.

The Environmental Protection Agency had previously estimated the plan would prevent 90,000 child asthma attacks and 3,600 premature deaths a year by 2030.

While Trump claims the Clean Power Plan has already been rolled back, as of May 2018 the EPA was yet to finalize its repeal, and 19 states are challengingthe government’s move to scrap the plan – giving hope that Trump and Pruitt could be thwarted, or at least delayed.

‘America is winning on the world stage’

CLAIM “The president has taken action to confront aggression by Iran and its proxies.”

REALITY Trump has withdrawn from the landmark international deal on Tehran’s nuclear programme. In doing so he drew condemnation from the leaders of the UK, Germany and France, who made clear that Iran was abiding by the terms of the agreement.

‘America’s government is more accountable’

CLAIM “President Trump has confirmed the most circuit court judges of any president in their first year.”

REALITY Unfortunately for those not aligned with the president’s political views, this is correct. Republicans have rushed through the appointment of 21 such judges, and Trump plans to add 20 more by the end of 2018.

Most of those appointments are white men, and almost one-third have anti-LGBT records. The majority of Trump’s appointments are under 50 – meaning they could influence decision-making in the US for decades to come.

‘America’s communities are safer and more secure’

CLAIM Immigration and Customs Enforcement – Ice – has “made 110,568 arrests of illegal aliens – a 42% increase for the same timeframe in 2016”.

REALITY There is no mention of the disruption this has had on communities across the country – and on the terrible toll Trump’s actions have had on families.

Between 6 and 19 May, 658 children were taken away from their parents at the border, after the Trump administration announced that parents detained while entering the US without documentation would be separated from their children and prosecuted.

Trump lawyers say he ‘dictated’ statement on Trump Tower meeting, contradicting past denials

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In a confidential letter to special counsel Robert Mueller in January, President Donald Trump’s legal team acknowledged for the first time that Trump “dictated” the first misleading statement put out about his son’s controversial 2016 meeting with Russians at Trump Tower.

“You have received all of the notes, communications and testimony indicating that the President dictated a short but accurate response to the New York Times article on behalf of his son, Donald Trump, Jr.,” the letter said, according to The New York Times, which published a copy of it. “His son then followed up by making a full public disclosure regarding the meeting, including his public testimony that there was nothing to the meeting and certainly no evidence of collusion.”

The acknowledgment was tucked away in the letter, which largely focused on defending Trump from a potential subpoena for testimony and asserted broad executive powers to avoid a high-stakes interview with Mueller. The letter, which CNN previously reported on, was signed by Trump’s attorneys at the time, John Dowd and Jay Sekulow. Dowd left the legal team in March, while Sekulow continues representing the President.

The misleading statement, issued in July 2017 to The New York Times, obfuscated the true nature of the June 2016 meeting at Trump Tower, which was attended by Donald Trump Jr., then-Trump campaign chairman Paul Manafort, Trump son-in-law Jared Kushner, who is now a senior White House adviser, and a group of Kremlin-tied Russians.

One of those Russians, lawyer Natalia Veselnitskaya, brought up the Magnitsky Act at the meeting, a 2012 American law punishing Russian human rights violators that she has lobbied extensively to overturn. She reached out to Trump’s team after he was elected to try to lobby on the Russian sanctions, CNN has reported.

While the premise of the Trump Tower meeting was for the Russians to deliver damaging information about Democratic nominee Hillary Clinton, the statement initially put out in Trump Jr.’s name said the participants “primarily discussed a program about the adoption of Russian children” and omitted mention of Clinton.

After the initial statement came out, news outlets reported Trump was involved in preparing the statement. Some reports said he helped draft it, others said he personally “dictated” the words. Trump Jr., meanwhile, told the Senate Judiciary Committee in private testimony in September, released last month, that he didn’t speak to his father about the statement, but that the President “may have commented through Hope Hicks,” the then-White House aide, and that some of those comments might have made it into the statement.

In their public responses to the news reports, however, Sekulow and White House press secretary Sarah Sanders denied Trump’s role.

The letter revealed on Saturday puts to bed the question of Trump’s involvement, but it doesn’t erase the previous denials from the record. Here are those examples.

Trump lawyer Sekulow, CNN interview, 7/12/17: “That was written, no that was written by Donald Trump Jr. and I’m sure with consultation with his lawyer. That wasn’t written by the president.”

Sekulow, ABC interview, 7/12/17: “The president didn’t sign off on anything. He was coming back from the G20. The statement that was released Saturday was released by Donald Trump Jr., I’m sure in consultation with his lawyers. The President wasn’t involved in that.”

Sekulow, NBC interview, 7/16/17: “The President was not — did not — draft the response. The response came from Donald Trump Jr. and — I’m sure — in consultation with his lawyer. … Let me say this — but I do want to be clear — that the President was not involved in the drafting of the statement and did not issue the statement. It came from Donald Trump Jr.

Sekulow, statement to the Washington Post, 7/31/17: “Apart from being of no consequence, the characterizations are misinformed, inaccurate, and not pertinent.”

White House press secretary Sarah Sanders, daily press briefing, 8/1/17: “He certainly didn’t dictate, but he — like I said, he weighed in, offered suggestion like any father would do.”

[CNN]

Why didn’t FBI, DOJ tell me agents were ‘secretly investigating’ Manafort?

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President Trump on Sunday blasted the FBI and Department of Justice for not telling him that agents were “secretly investigating” his former campaign chairman, Paul Manafort, during the 2016 election.

“As only one of two people left who could become President, why wouldn’t the FBI or Department of ‘Justice’ have told me that they were secretly investigating Paul Manafort (on charges that were 10 years old and had been previously dropped) during my campaign?” Trump asked in a tweet.

He added that Manafort “came into the campaign very late and was with us for a short period of time,” but said the campaign “should have been told that Comey and the boys were doing a number on him, and he wouldn’t have been hired!”

Trump named Manafort head of his campaign in May 2016, but the businessman stepped down in August of that year after media reports of his dealings with the Ukrainian government emerged.

CNN reported last year that Manafort had been under FBI surveillance before and after the 2016 election. He reportedly became the central subject of a probe that began in 2014.

Manafort faces several charges as a result of special counsel Robert Mueller‘s investigation, including tax fraud, bank fraud and money laundering. The charges largely relate to his work for Ukrainian politicians.

Manafort has pleaded not guilty to the charges. His business associate and former Trump campaign staffer Richard Gates reached a plea deal with Mueller’s team and has agreed to cooperate with the special counsel.

[The Hill]

Reality

First, at the time you weren’t the president.

Second, if your top guys including Manafort were meeting with Russian spies and some of Putin’s best friends, why didn’t you tell the FBI?

‘Our recollection keeps changing’: Rudy Giuliani admits Trump may not testify because he can’t tell the truth

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Trump attorney Rudy Giuliani revealed on Sunday that President Donald Trump may not agree to testify or be interviewed by special counsel Robert Mueller because his “recollection” of the truth “keeps changing.”

“This is the reason you don’t let the president testify,” Giuliani told ABC host George Stephanopoulos. “Our recollection keeps changing, or we’re not even asked a question and somebody makes an assumption.”

[Raw Story]

Media

Trump lawyers’ secret memo argues president has complete control over federal investigations

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Lawyers for President Donald Trump argued in a secret memo submitted to special counsel Robert Mueller III in January that Trump could not have obstructed the FBI‘s probe into Russian interference in the 2016 election in part because, as president, he holds complete control over federal investigations.

The president has the power to “order the termination of an investigation by the Justice Department or FBI at any time and for any reason,” Trump lawyers John Dowd and Jay Sekulow argued in the letter to Mueller, which was published Saturday by the New York Times.

As the nation’s chief law enforcement officer, Trump could “even exercise his power to pardon if so desired,” they argued. A person familiar with the letter confirmed its authenticity.

The 20-page letter offered a sweeping assertion of the powers of the presidency as well as a detailed and robust defense of Trump’s actions in dealing with the unfolding Russia probe, including his firing of FBI Director James Comey in May 2017. It concluded that Trump’s actions were in keeping with the expansive powers of the presidency and could not constitute crimes.

Ultimately, Trump’s lawyers argued that the president should not be compelled to sit for an interview to assist Mueller’s effort, arguing that the White House provided full access to documents and interviews with other senior staff that was sufficient to answer Mueller’s questions about the Trump’s actions.

“The President’s prime function as the Chief Executive ought not be hampered by requests for interview. Having him testify demeans the Office of the President before the world,” they wrote.

The arguments parallel those that the president’s attorneys have pressed publicly for months, even as quiet negotiations over whether Trump might agree to sit voluntarily for an interview have continued. They help underscore the legal battle now underway between the White House and the special counsel. Should Mueller seek to compel Trump’s testimony with a subpoena, the arguments advanced in the letter could ultimately form the basis of a courtroom battle that would probably reach the U.S. Supreme Court.

After former New York mayor Rudy Giuliani replaced Dowd as Trump’s chief lawyer in March, he reopened negotiations with Mueller about forestalling that kind of public battle through a voluntary interview. Giuliani, at first, expressed confidence that he could resolve the matter within weeks.

But the debate has dragged on and, more recently, Giuliani has expressed wariness over having his client sit for an interview and said he would only agree if the special counsel’s office first turns over internal documents that shed light on the beginnings of the FBI’s probe in 2016, before Mueller’s appointment.

He told The Washington Post last week that Trump’s lawyers are drafting a letter to Mueller laying out those terms and that Jane and Marty Raskin, a husband-and-wife team from Florida assisting Trump’s defense, are in contact with Mueller’s office three times a week.

Mueller’s team has told the president’s lawyers that they think they have the power to issue Trump a subpoena and compel his testimony, but they have not yet sought to go down that route.

“They may do a subpoena. The subpoena would then be contested. That would be going on for months,” Giuliani said.

In a statement Saturday, Sekulow noted the consistency of Trump’s legal position while bemoaning the leaking of the internal document.

“We have maintained a consistent legal argument throughout the many months of this inquiry. Our legal team would not disclose internal communications with the office of special counsel. We continue to maintain cooperative relations with the office of special counsel,” he said.

Likewise, in a tweet sent shortly before the New York Times story was posted online, Trump questioned whether Mueller’s team might have been responsible for the leak. “Is the Special Counsel/Justice Department leaking my lawyers letters to the Fake News Media?” he asked.

A spokesman for the special counsel’s office declined to comment.

The letter also provides new details about Trump’s actions in dealing with the Russia probe. For instance, his lawyers reveal that former national security adviser Michael Flynn twice told senior White House officials, including the vice president, before his firing in February 2017 that he had been informed that the FBI had closed its investigation into his contacts with the Russian ambassador during the presidential transition.

Comey has said that Trump asked him to let the case against Flynn go in an Oval Office meeting the day after Flynn’s firing. In their letter, Trump’s lawyers contested that account, but also argued that the president could not have been attempting to interfere in an investigation he was not aware was underway.

Trump’s lawyers also argued that the president could not have obstructed justice by firing Comey several months later. Trump’s decision to dismiss the FBI director was an appropriate use of presidential power intended to exert oversight over the bureau as a result of its missteps in the 2016 investigation of Hillary Clinton‘s use of a private email server while she was secretary of state, they wrote.

They asserted that Deputy Attorney General Rod Rosenstein, who is now supervising Mueller’s probe, “actually helped to edit” Trump’s letter terminating Comey and “actively advised the President accordingly.” At the time, Rosenstein also wrote his own memo criticizing Comey’s handling of the Clinton case.

Trump’s lawyers wrote that it would be “unthinkable” for a president acting under his constitutional authority and with the “overt participation” of his deputy attorney general to have obstructed justice.

A Justice Department spokeswoman declined to comment.

In another episode Mueller has been probing, Trump’s lawyers conceded for the first time that in July 2017, Trump “dictated” a statement to be released on behalf of his son Donald Trump Jr. about a meeting that the son had taken with a Russian lawyer during the campaign.

The Post first reported in July that the president had authored his son’s statement, which misleadingly said the meeting was “primarily” about Russian adoptions. In fact, Donald Trump Jr. had accepted the meeting after being told the lawyer would provide dirt about Clinton.

In their letter, Trump’s lawyers contended that the statement was “short but accurate,” and a “private” matter to be hashed out between the president and the New York Times, which had requested the statement, rather than an issue for federal prosecutors.

[Chicago Tribune]

Reality

Read the letter here.

 

Trump gets caught up in his own lie after just 8 minutes

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On Tuesday afternoon, North Korean dignitaries met with Donald Trump to deliver a mysterious letter from the North Korean regime.

A while later, Donald Trump held a press conference, where in the course of under ten minutes changed his story about the letter.

Reuters reported that Trump had said the letter “was a very nice letter, a very interesting letter.” Around 8 minutes later—according to the Reuters time stamp—Trump confessed that he hadn’t opened it yet.

On Twitter, the Toronto Star’s Washington correspondent Daniel Dale joked “The Trump era in two Reuters alerts.”

[Raw Story]

Media

Trump blasts Robert Mueller’s spending on Russia probe

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President Donald Trump is reacting to a report on special counsel Robert Mueller’s spending, slightly overstating the figure for the Russia probe he has dismissed as a ‘witch hunt.’

Trump tweets Friday: “A.P. has just reported that the Russian Hoax Investigation has now cost our government over $17 million, and going up fast.”

He adds: “No Collusion, except by the Democrats!”

A Thursday report by the Justice Department revealed that Mueller’s probe of Russian interference in the 2016 campaign cost $10 million between October and March. That’s on top of the $6.7 million spent on the probe the previous four months.

The Justice Department says a large portion of the costs, about $9 million, would have been spent regardless of the special counsel’s appointment.

[PBS]

Reality

Government waste? That’s quaint. Trump has spent $67 million dollars alone on his weekly golf trips to resorts he still owns, operates, promotes, and receives profits from.

The Special Council investigation into Bill Clinton cost $80 million in 1999 dollars.

Trump tweets he ‘never fired’ Comey over Russia, contradicting reports about memo

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President Trump tweeted Thursday that he “never fired James Comey because of Russia” — despite past statements and recent reports that Russia did come into play.

“Not that it matters but I never fired James Comey because of Russia!” the president tweeted early Thursday. “The Corrupt Mainstream Media loves to keep pushing that narrative, but they know it is not true!”

The tweet followed reports first published by the New York Times Wednesday of a memo written by then-Acting Director Andrew McCabe that detailed a conversation with Deputy Attorney General Rod Rosenstein regarding former FBI Director James Comey. A source close to the matter told ABC that in the memo McCabe described how Rosenstein allegedly told him Trump asked him to mention Russia in his May 9 letter recommending Comey’s firing.

A representative for McCabe declined to comment for this story, and a Justice Department spokeswoman did not immediately respond to a request for comment.

Last May, the White House said Trump used letters from Attorney General Jeff Sessions and Rosenstein that cited Comey’s handling of the investigation into Hillary Clinton’s use of private email servers in his decision to fire Comey.

But Trump later seemed to contradict himself in an interview with NBC News’ Lester Holt when said he considered “this Russia thing” in making the decision.

“When I decided to just do it, I said to myself, I said, ‘You know, this Russia thing with Trump and Russia is a made up story, it’s an excuse by the Democrats for having lost an election that they should have won,'” Trump said in the interview.

It’s been over a year since Comey was fired and special counsel Robert Mueller began his investigation into possible Trump campaign ties with Russia.

[ABC News]

Media

NBC News

Fact-checking Trump’s Nashville speech

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The good news about President Donald Trump’s speech in Nashville last night was that he didn’t mention Roseanne Barr, which could have made that controversy much, much worse. The bad news? Try all of the false, misleading and dishonest claims he made.

“[There’s] never been an administration — and even some of our enemies are admitting it — that has done what we’ve done in the first year and a half. Think of it”

The tax law has been Trump’s only major legislative achievement, and he ranks behind other past presidents in bills signed into law.

“We’ve created 3.3 million new jobs since Election Day. If we would have said that before the election — I’m going to create 3.3 million new jobs — would never have [survived the] onslaught from fake news. Wouldn’t have accepted it, said no way you can do that”

While there have indeed been 3.3 million jobs created in the 18 months since Election Day 2016 (Nov. 2016-April 2018), there were 3.9 million jobs created in the 18 months before Election Day (May 2015-Oct. 2016) — when Trump was criticizing the state of the U.S. economy.

“Wages for the first time in many years are finally going up”

That is false; wages also increased during the final years of Obama’s presidency, per PolitiFact.

“[Nancy Pelosi] loves MS-13”

Pelosi was objecting to Trump calling undocumented immigrants “animals”; the White House says he was referring to MS-13 in his “animals” remarks. Pelosi never said she loved MS-13.

“So how do you like the fact they had people infiltrating our campaign? Can you imagine? Can you imagine?”

On Fox News last night, Rep. Trey Gowdy, R-S.C., said the FBI’s use of an informant for the 2016 Trump campaign was appropriate (see below for more).

“Mexico, I don’t want to cause a problem. But in the end, Mexico’s going to pay for the wall”

Mexico once again said it wasn’t paying for Trump’s wall. Here’s Mexican President Enrique Pena Nieto: “President @realDonaldTrump: NO. Mexico will NEVER pay for a wall. Not now, not ever. Sincerely, Mexico (all of us).”

“We passed largest tax cuts and reform in American history”

By either inflation-adjusted dollars or as a percentage of GDP, the tax legislation Trump signed into law last year ranks well below other tax laws, including those under Reagan or even Obama.

For an even more thorough account on Trump’s claims from last night, check out the feed from the Toronto Star’s Daniel Dale.

[NBC News]

Media

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