Trump administration lawyers claims the KKK is a protected class

In the circus surrounding the Masterpiece Bakeshop case, in which a Colorado baker refused to serve gay customers, lost a discrimination case and then appealed it all the way to the Supreme Court, a strange tidbit emerged yesterday. In explaining why Jack Phillips, the bakery’s owner, should not be compelled to serve people whose lifestyles go against his religious beliefs, Solicitor General Noel Francisco kept saying that a black sculptor should not be compelled to make art for the Ku Klux Klan.

As Imani Gandy at Rewire pointed out Wednesday, Francisco, who serves as the government’s lawyer, got at least one half of his argument right — no lawyer could successfully argue that it’s discriminatory for an African-American artist to deny service to a KKK member. But that’s because, unlike LGBTQ people, KKK members are not members of a “protected class.”

“The anti-discrimination law doesn’t require every business to serve every person on the planet,” Gandy wrote. “It merely requires that a business not refuse service based on a person’s protected characteristic.”

Under Colorado’s anti-discrimination law, “places of public accommodation” like businesses, restaurants, stores and hotels are not permitted to refuse service to someone based on protected characteristics. Those characteristics include “disability, race, creed, color, sex, sexual orientation, marital status, national origin and ancestry.”

“A protected or ‘suspect’ class,” she continued, “is made up of ‘discrete and insular minorities’: a group of people who have historically been subjected to discrimination, comprise a discrete minority (meaning there aren’t a lot of them, percentage-wise), and have immutable characteristics (meaning characteristics that cannot be changed).

Being a member of the Klan or other bigoted groups is not unchangeable, nor does it subject one to historic discrimination (no matter what racist right-wingers would have you believe).

[RawStory]

Sarah Huckabee Sanders Invented a New Excuse For Why Trump Won’t Release His Taxes

During a press briefing this afternoon, White House press secretary Sarah Huckabee Sanders was asked about the still-lingering issue of President Donald Trump‘s refusal to make his tax returns public.

The Trump team has consistently countered critics by saying that since the president’s returns are being audited, he cannot release them publicly. NBC‘s Hallie Jackson picked up on this issue and posed the following question, “You said, on Tuesday, that as long as [President Trump’s] taxes are under audit, he’s not going to release them; his 2016 taxes–to our knowledge–are not under audit–unless they are.” To which Sanders replied:

The president’s taxes, no matter who the president is, actually immediately go under audit after being filed.

Sanders’ full excuse, therefore, is that President Trump still can’t release his taxes because they’re presently subject to an automatic audit.

Except that’s not really the case.

While it is true that presidential tax returns are automatically audited by the Internal Revenue Service (“IRS”) since the time of President Richard Nixon, nothing about the automatic audit actually prevents presidential tax returns from being released.

In 2015, President Barack Obama released his tax returns to the American public (so did Vice-President Biden). Obama’s tax returns were subject to the same mandatory audit provision of the IRS manual, but he released them anyway.

And lest the MAGA set think we’re being unfair by comparing Trump to Obama’s time in office, that’s not all.

According to the Tax History Project, almost every single president since Nixon has released their tax returns for every single year they’ve been in office–and every president since Nixon has been subject to that same mandatory audit provision in the IRS manual. The only currently unavailable tax returns are one each from Presidents George H. W. Bush and Jimmy Carter and all of those belonging to Gerald Ford–who only released summary data about tax years 1966-1975.

Nothing is stopping Trump from releasing his taxes–and to be clear, those returns will be under audit at least until he leaves the White House. But now, Sarah Huckabee Sanders has indicated that the president intends on using a perpetual, legalistic excuse not to release them.

[Law and Crime]

Media

VA cuts program for homeless vets after touting Trump’s commitment

Four days after Veterans Affairs Secretary David Shulkin held a big Washington event to tout the Trump administration’s promise to house all homeless vets, the agency did an about-face, telling advocates it was pulling resources from a major housing program.

The VA said it was essentially ending a special $460 million program that has dramatically reduced homelessness among chronically sick and vulnerable veterans. Instead, the money would go to local VA hospitals that can use it as they like, as long as they show evidence of dealing with homelessness.

Anger exploded on a Dec. 1 call that was arranged by Shulkin’s Advisory Committee on Homeless Veterans to explain the move. Advocates for veterans, state officials and even officials from HUD, which co-sponsors the program, attacked the decision, according to five people who were on the call.

“I don’t understand why you are pulling the rug out,” Elisha Harig-Blaine, a National League of Cities housing official who was on the call, said in an interview afterward. “You’re putting at risk the lives of men and women who’ve served this country.”

“The VA is taking its foot off the pedal,” said Leon Winston, an executive at Swords to Plowshares, which helps homeless vets in San Francisco, where he said the VA decision is already having an impact. HUD recently put up 100 housing vouchers for veterans in the program, but the local VA hospital said it could only provide support for 50.

The agency’s move came as HUD on Wednesday released its annual survey showing a 1.5 percent increase in veteran homelessness over 2016 — the first rise since 2010. Most of the jump occurred in Los Angeles, where housing costs are skyrocketing.

Sen. Patty Murray (D-Wash.), who sits on a veterans’ affairs subcommittee, called the VA decision “a new low” for the Trump administration that was “especially callous and perplexing” in view of the latest data on homelessness.

In a statement late Wednesday, Shulkin insisted that overall funding for veteran homelessness was not being cut, and seemed to suggest he might reverse the decision. He promised to get input from local VA leaders and others “on how best to target our funding to the geographical areas that need it most.”

HUD data show there were nearly 40,000 homeless veterans in 2016, and even those with housing still need assistance. The program has reduced the number of displaced servicemembers, serving 138,000 since 2010 and cut the number without housing on a given day by almost half. More than half the veterans housed are chronically ill, mentally ill or have substance abuse problems.

[Politico]

Donald Trump Jr. asked Russian lawyer for info on Clinton Foundation

Donald Trump Jr. asked a Russian lawyer at the June 2016 Trump Tower meeting whether she had evidence of illegal donations to the Clinton Foundation, the lawyer told the Senate Judiciary Committee in answers to written questions obtained exclusively by NBC News.

The lawyer, Natalia Veselnitskaya, told the committee that she didn’t have any such evidence, and that she believes Trump misunderstood the nature of the meeting after receiving emails from a music promoter promising incriminating information on Hillary Clinton, Donald Trump’s Democratic opponent.

Once it became apparent that she did not have meaningful information about Clinton, Trump seemed to lose interest, Veselnitskaya said, and the meeting petered out.

“Today, I understand why it took place to begin with and why it ended so quickly with a feeling of mutual disappointment and time wasted,” Veselnitskaya wrote. “The answer lies in the roguish letters of Mr. Goldstone.”

She was referring to Rob Goldstone, a music promoter who worked for the Agalarov family. They are Russian oligarchs with Kremlin connections who had business and social ties to the Trump family. Goldstone’s emails to Trump Jr. arranging the meeting on behalf of the Agalarovs called Veselnitskaya a “Russian government lawyer” who had dirt on Clinton as part of a Russian government effort to help Trump. Goldstone has since said he exaggerated.

In her 51-page statement to the Senate Judiciary Committee, Veselnitskaya said she did not work for the Russian government and was not carrying any messages from government officials. She said her motive was to get the Trump team to examine what she argues is a fraud that led the U.S. to impose sanctions on Russia known as the Magnitsky Act.

Her ultimate goal was a congressional investigation into that matter, she said. She has long argued that U.S.-born hedge fund investor Bill Browder lied about the circumstances of the death of his accountant, Sergei Magnitsky, who died in a Russian jail, and that the U.S. government imposed Magnitsky Act sanctions on Russia, which are named after the accountant, based on a fraud. Browder and American officials dismiss that allegation, calling it part of a Russian disinformation campaign.

Veselnitskaya said there was no discussion at the Trump Tower meeting of hacked or leaked emails, social media campaigns or any of the other main aspects of Russian interference in the U.S. election. Previously, she told NBC News she had raised the issue of potential questionable contributions to Clinton’s campaign by Americans accused in Russia of tax evasion.

Though some may see her answers as self-serving, Veselnitskaya’s written answers reinforced what has long been understood about the Trump Tower meeting: that Donald Trump Jr. accepted it on the promise of incriminating information about Clinton that he had been told was coming from the Russian government. And he asked Veselnitskaya directly whether she had it, according to her written answers. Jared Kushner and Paul Manafort were also in attendance, as were a Russian lobbyist, a Russian businessman and a translator.

Special counsel Robert Mueller and the House and Senate investigating committees continue to look into the Trump Tower meeting, according to multiple officials familiar with the probes.

Veselnitskaya insists they will find nothing that isn’t already known. She says she wishes the meeting had never happened.

“Now that I know the kind of apocalyptic Hollywood scenario that a private conversation between a lawyer and a businessman can be turned into, I very much regret that the desire to bring the truth to the [Congress] has thrown the U.S. president’s family, as well as Mrs. Clinton, into the whirlwind of mutual political accusations and fueled the fire of the morbid, completely groundless hatred for Russia,” Veselnitskaya wrote.

In another noteworthy aspect of her answers, Veselnitskaya acknowledged that she worked with Glenn Simpson, a former Wall Street Journal reporter, in an investigation of Browder, whose campaign led Congress to pass the Magnitsky Act.

At the time he was working on that case, Simpson and his firm, Fusion GPS, were also working with former British intelligence operative Christopher Steele on the infamous Trump dossier.

But Veselnitskaya says she had no idea about that, confirming testimony Simpson has provided to House and Senate investigators.

Some Republicans have suggested that Simpson’s work on behalf of a Russian client investigating the premise of the Magnitsky Act means the dossier could be tainted by Russian disinformation, but no evidence has surfaced to buttress that allegation.

Veselnitskaya called those allegations “unsubstantiated and outrageous insinuations.”

A lawyer for Trump Jr. declined to comment, but referred NBC News to the statement his client released in September, which said Trump Jr. wanted to “hear (the Russians) out” if they had information concerning Clinton’s “fitness, character or qualifications.”

[NBC News]

Mueller: Manafort Worked With Russian Operative Last Week

Special counsel Robert Mueller’s office filed court papers to the U.S. District Court of D.C. on Monday opposing the release of Paul Manafort on bail later this month due to “newly discovered facts [that] cast doubt on Manafort’s willingness to comply with this Court’s Orders.”

According to Mueller, Manafort ghostwrote an op-ed alongside a “long-time Russian colleague” who is “currently based in Russia and assessed to have ties to a Russian intelligence service.” Manafort worked on the op-ed as late as Nov. 30—nearly a month after he was indicted by Mueller’s team. Mueller called for GPS monitoring and a “fully secured bond of unencumbered real estate.”

Mueller noted that even if the op-ed were truthful, it would be a violation of a Nov. 8 court order to “not try the case in the press.”

The editorial, Mueller wrote, “clearly was undertaken to influence the public’s opinion of defendant Manafort, or else there would be no reason to seek its publication.”

“It compounds the problem that the proposed piece is not a dispassionate recitation of the facts,” Mueller continued.

Former Trump campaign adviser Rick Gates and Manafort are facing a host of charges—including money laundering and failure to register as foreign agents. The two had been under home confinement with GPS monitoring since they were charged on Oct. 30.

Manafort struck an $11 million bail deal just last week. His wife, Kathleen Manafort, would guarantee another $10 million if the former Trump campaign chief fled the country.

Mueller called for GPS monitoring and a “fully secured bond of unencumbered real estate.”

From 2004 to 2010, Manafort worked as an adviser to pro-Putin Ukrainian presidential candidate Viktor Yanukovych, who fled to Russia after becoming a target in the Euromaidan protests. He returned to Ukraine in 2014 to close Yanukovych associate Serhiy Lyovochkin.

[The Daily Beast]

Sarah Sanders: Trump OK With Businesses Hanging Antigay Signs

President Trump’s press secretary said her boss would have no problem with businesses hanging antigay signs that explicitly state they don’t serve LGBT customers.

Hours after oral arguments concluded in the Masterpiece Cakeshop case — where a Colorado baker argued to the Supreme Court that his religion allows him to refuse service to gay people — Press Secretary Sarah Huckabee Sanders was confronted on legalized discrmination during today’s White House press briefing.

“The lawyer for the solicitor general’s office for the administration said today in the Supreme Court if it would be legal, possible for a baker to put a sign in his window saying we don’t bake cakes for gay weddings,” The New York Times‘s Michael Shear asked. “Does the president agree that that would be ok?”

“The president certainly supports religious liberty and that’s something he talked about during the campaign and has upheld since taking office,” Sanders replied.

When pressed on whether that included support for signs that deny service to gay people, Sanders responded: “I believe that would include that.”

[Advocate]

Media

Trump attacks his own FBI in a series of tweets

President Donald Trump attacked his own FBI in a series of tweets on Sunday morning and said the law enforcement agency’s reputation is “in tatters.”

The president was responding to reports that a veteran FBI counterintelligence agent was removed from special counsel Robert Mueller’s team investigating Russian election meddling because of anti-Trump text messages.

He said after years under fired FBI director James Comey, “with the phony and dishonest Clinton investigation (and more),” the agency’s reputation “is in tatters – worst in history!'” The president also retweeted a tweet suggesting FBI Director Chris Wray “needs to clean house.”

The president said earlier Sunday he never asked Comey to stop investigating ex-national security adviser Michael Flynn.

https://www.cnbc.com/2017/12/03/trump-attacks-own-fbi-in-series-of-tweets.html

 

 

Trump’s morning tweetstorm appears to have been inspired by ‘Fox & Friends’

President Trump unleashed a tweetstorm Sunday morning, saying that the FBI’s reputation was “in tatters” following the tenure of former Director James B. Comey, who was fired seven months ago.

The president also suggested bias against him in the investigation being conducted by special counsel Robert S. Mueller III, after news accounts said an agent was removed from Mueller’s team following an internal investigation of text messages interpreted as critical of Trump.

The agent, Peter Strzok, reportedly helped lead the FBI investigation into Hillary Clinton’s use of a private email server while she was secretary of State.

Trump’s comments closely echoed language used during Sunday morning’s episode of Fox News’ “Fox & Friends,” which aired a report on Strzok under the banner, “Agent’s role in Clinton probe under review.”

At another point during “Fox & Friends,” the banner read, “Report: Anti-Trump FBI agent led Clinton email probe.”

“Now it all starts to make sense!” Trump responded.

The “Fox & Friends” hosts repeatedly referenced Comey in their discussion of Strzok, with co-host Ed Henry describing Strzok as “very close to” the former FBI director.

The morning show team also suggested that Strozk’s alleged bias was evidence that he and Comey had colluded to improperly clear Clinton of criminal charges in the email probe while somehow implicating the president’s associates in wrongdoing related to the special counsel’s Russia investigation.

Co-host Pete Hegseth summarized his concerns, saying: “Comey’s being briefed on Hillary Clinton’s email investigation by a guy who’s in the tank for Hillary Clinton, which is the greatest fear that we all have: that the deep state has infiltrated the so-called Justice Department or the FBI.”

The president appeared to echo that criticism in his tweets.

[Los Angeles Times]

Trump accused Clinton of lying but the FBI said she did not

President Donald Trump told reporters on Monday that Hillary Clinton had lied to the FBI, going on the offensive days after his former National Security Adviser, Michael Flynn, pleaded guilty to that same crime.

“Hillary Clinton lied many times to the FBI. Nothing happened to her. Flynn lied and they destroyed his life. I think it’s a shame,” Trump said. “Hillary Clinton, on the Fourth of July weekend, went to the FBI, not under oath. It was the most incredible thing anyone’s ever seen. She lied many times; nothing happened to her. Flynn lied, and they ruined his life. It’s very unfair.”

In alleging Clinton lies, the president is spreading a falsehood: The FBI asserts that she did not lie to them.

“We have no basis to conclude she lied to the FBI,” then-FBI Director James Comey testified under oath to the House of Representatives in July 2016 about Clinton’s handling of classified information on a private email server. “I have no basis for concluding that she was untruthful with us.”

The only accurate thing in Trump’s remarks about his former rival? That Clinton wasn’t under oath during her interview last year with the FBI.

Flynn pleaded guilty on Friday in federal court to a charge of making false statements to the FBI about his communications with Russia.

Trump’s remarks are the latest in a long stream of attacks on Clinton and defenses of Flynn since his firing. The president tweeted along the same lines on Saturday, criticizing the FBI’s decision not to record Clinton’s interview.

Trump fired Comey in May. His firing — and subsequent testimony that Trump had demanded loyalty and pressured Comey to drop his investigation into Flynn — prompted the appointment of special counsel Robert Mueller, who is investigating the Trump team’s ties to Russia and who negotiated Flynn’s guilty plea. Trump denies that he told Comey to go easy on Flynn.

[NBC News]

No justice!’: Trump blasts ‘rigged system’ that ‘destroyed’ Mike Flynn in second set of wild Saturday tweets

President Donald Trump took to Twitter again on Saturday evening to complain about the Department of Justice’s handling of ousted national security adviser Michael Flynn and to attack a favorite opponent, former Democratic presidential nominee Hillary Clinton.

“So General Flynn lies to the FBI and his life is destroyed, while Crooked Hillary Clinton, on that now famous FBI holiday “interrogation” with no swearing in and no recording, lies many times…and nothing happens to her? Rigged system, or just a double standard?” he wrote.

He continued, “Many people in our Country are asking what the ‘Justice’ Department is going to do about the fact that totally Crooked Hillary, AFTER receiving a subpoena from the United States Congress, deleted and “acid washed” 33,000 Emails? No justice!”

He went on to — once again — insist that the Russia investigation is a “witch hunt” by way of offering a left-handed compliment to ABC News for suspending Brian Ross.

“Congratulations to @ABC News for suspending Brian Ross for his horrendously inaccurate and dishonest report on the Russia, Russia, Russia Witch Hunt. More Networks and ‘papers’ should do the same with their Fake News!” he said.

Earlier on Saturday, tweets from Trump’s account raised eyebrows by appearing to be an admission of obstruction of justice. The White House frantically walked that back by blaming Trump’s personal attorney John Dowd for the reckless tweet.

Observers say that Trump is acting more erratic and is constantly fuming about the Russia investigation.

Frequently when Trump is under pressure or feeling trapped, he makes his wildest and most outlandish accusations on Twitter in an attempt to change the subject. The tweets that are now blamed on John Dowd could place Trump in considerable legal jeopardy if they are proven to be his statements.

‘No justice!’: Trump blasts ‘rigged system’ that ‘destroyed’ Mike Flynn in second set of wild Saturday tweets

 

 

 

 

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