Trump Lawyers Urge Supreme Court to Rule For Colorado Cake Maker Who Turned Away Gay Couple

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Trump administration lawyers joined sides with a Colorado baker Thursday and urged the Supreme Court to rule that he has the right to refuse to provide a wedding cake to celebrate the marriage of two men.

Acting Solicitor Gen. Jeffrey B. Wall filed a friend-of-the-court brief arguing that the cake maker’s rights to free speech and the free exercise of religion should prevail over a Colorado civil rights law that forbids discrimination based on sexual orientation.

“A custom wedding cake is a form of expression,” he said. “It is an artistic creation that is both subjectively intended and objectively perceived as a celebratory symbol of a marriage.” And as such, the baker has a free-speech right under the 1st Amendment to refuse to “express” his support for a same-sex marriage, Wall argued.

The case of the Colorado cake maker has emerged as the latest battle in the culture wars. It is a clash between the religious rights of a conservative Christian against gay rights and equal treatment for same-sex couples.

The brief filed Thursday is likely to bolster the cake maker’s case, and is in line President Trump’s repeated promises to protect “religious liberty.”

But Wall asked the high court to carve out “only a narrow” exception to the state civil rights laws forbidding businesses to discriminate based on sexual orientation. It should extend only to people like painters, photographers and others whose “product or service [is] inherently communicative.” Most businesses would not qualify, he said. “A commercial banquet hall may not refuse to rent its facilities, nor may a car service refuse to provide limousines” because its owners do not approve of a same-sex marriage, he said.

He also said an exemption for “expressive conduct” would not extend to cases of racial discrimination. The Supreme Court has said racial bias always violates the Constitution’s guarantee of equal protection of the laws, he said, but has not yet adopted the same strict standard for judging bias based on sexual orientation.

Louise Melling, deputy legal director of the American Civil Liberties Union, said the administration was trying to create a “constitutional right to discriminate.”

“This Justice Department has already made its hostility to the rights of LGBT people and so many others crystal clear. But this brief was shocking, even for this administration,” she said. “We are confident that the Supreme Court will rule on the side of equal rights just as the lower courts have.”

The case began five years ago when two men who were planning to marry went to Masterpiece Cakeshop in a Denver suburb to ask about a wedding cake for their reception. They were surprised and angered when Jack Phillips, the shop owner, said he would not make a cake for a same-sex marriage. Doing so would violate his Christian faith, he said.

The two men filed a complaint with the state Civil Rights Commission in Colorado, which like 20 other states has a law that requires businesses serving the public to provide “full and equal” service to customers without regard to their sexual orientation. An administrative judge, a seven-member state commission and a Colorado appeals court all agreed Phillips had violated the law.

Phillips has continued to operate his bakery, but he no longer designs custom wedding cakes.

Backed by the Arizona-based Alliance Defending Freedom, he appealed to the Supreme Court late last year for the right under the 1st Amendment to be exempted from the state law.

Shortly after Trump’s first appointee, Justice Neil M. Gorsuch, was confirmed and took his seat, the justices announced they would hear the baker’s appeal. The case of Masterpiece Cakeshop vs. Colorado is due to be argued in late November or early December.

[Los Angeles Times]

Trump Sides With Democrats On Debt Ceiling, Throwing Republican Plans Into Chaos

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President Trump, a man of few allegiances who seized control of the Republican Party in a hostile takeover, suddenly aligned himself with Democrats on Wednesday on a series of key fiscal issues — and even gave a lift to North Dakota’s embattled Democratic U.S. senator.

Trump confounded his party’s leaders when he cut a deal with Democratic congressional leaders — “Chuck and Nancy,” as the president informally referred to them — on a short-term plan to fund the government and raise its borrowing limit this month.

The president’s surprise stance upended sensitive negotiations over the debt ceiling and other crucial policy issues this fall and further imperiled his already tenuous relationships with Senate Majority Leader Mitch McConnell (R-Ky.) and House Speaker Paul D. Ryan (R-Wis.).

The episode is the latest turn in Trump’s separation from his party as he distances himself to deflect blame for what has been a year of gridlock and missed opportunities for Republicans on Capitol Hill. It follows a summer of presidential stewing over McConnell and Ryan, both of whom Trump views as insufficiently loyal and weak in executing his agenda, according to his advisers.

Trump made his position clear at a White House meeting with both parties’ congressional leaders, agreeing with Senate Minority Leader Charles E. Schumer (D-N.Y.) and House Minority Leader Nancy Pelosi (D-Calif.) on plans for a bill to fund the government and raise the debt ceiling for three months.

That effectively postpones until December a divisive fight over fiscal matters, including whether to fund construction of Trump’s long-promised wall at the U.S.-Mexico border.

“We had a very good meeting with Nancy Pelosi and Chuck Schumer,” Trump told reporters Wednesday aboard Air Force One as he traveled to North Dakota. “We agreed to a three-month extension on debt ceiling, which they consider to be sacred — very important — always we’ll agree on debt ceiling automatically because of the importance of it.”

In siding with Democrats, Trump overruled his own treasury secretary, Steven Mnuchin, who was in the middle of an explanation backing a longer-term increase when the president interrupted him and disagreed, according to a person briefed on the meeting who was not authorized to comment publicly and spoke on the condition of anonymity. Trump was “in deal-cutting mode,” the person said.

After the gathering, McConnell said he would add provisions extending government funding and the debt limit through mid-December to legislation passed by the House on Wednesday providing $7.85 billion in Hurricane Harvey relief.

“The president agreed with Senator Schumer and Congresswoman Pelosi to do a three-month [funding extension] and a debt ceiling into December, and that’s what I will be offering, based on the president’s decision, to the bill,” McConnell told reporters. “The president can speak for himself, but his feeling was that we needed to come together to not create a picture of divisiveness at a time of genuine national crisis.”

Trump also threw tacit support behind the Democrats’ push for a “dreamers” bill that would effectively formalize an Obama-era program shielding undocumented immigrants brought to the United States as children from deportation.

Trump on Tuesday began phasing out the Deferred Action for Childhood Arrivals program, which GOP hard-liners regard as illegal amnesty, but suggested Wednesday that if Congress passed a dreamers bill he might sign it.

“Chuck and Nancy want to see something happen — and so do I,” Trump said.

Later Wednesday, Trump brought a special guest with him to an oil refinery in Mandan, N.D., to pitch his tax-cut plan: Sen. Heidi Heitkamp, a Democrat facing a tough reelection effort in a solidly Republican state that Trump carried in 2016 by 36 percentage points. He welcomed Heitkamp into his traveling delegation, affording her the chance to appear bipartisan by standing alongside a president popular with North Dakotans.

As Heitkamp stepped onto an outdoor catwalk at the Mandan refinery to join him on stage, Trump delivered play-by-play commentary: “Everybody’s saying, ‘What’s she doing up here?’ But I’ll tell you what: Good woman.”

Trump opened his speech by recounting his “great bipartisan meeting” at the White House. “I’m committed to working with both parties to deliver for our wonderful, wonderful citizens,” Trump said, citing Schumer and Pelosi by name before mentioning the Republicans who were in attendance.

“Everybody was happy,” Trump said of the meeting. “Not too happy, because you can never be too happy, but they were happy enough.”

By setting up another debt-ceiling vote in December — a vote in which Republicans will almost certainly need Democratic help to avoid default — Democrats keep their seat at the table in this fall’s key policy debates.

Had Trump sided with GOP leaders, Democrats would have been stuck trying to extract concessions ahead of debt-ceiling votes this week using an empty threat — voting against a legislative package that includes the politically sensitive Harvey aid. Democrats believe pushing the debt-limit debate into December will increase their leverage on several issues, including the protection of dreamers and securing funds to help stabilize health-care markets.

Schumer and Pelosi also gained an edge by giving Democrats an aura of strategic command they have lacked since Trump’s election. Instead of McConnell claiming victory, it was Schumer who told reporters, “The nation can breathe a sigh of relief.”

The deal may also benefit Trump by allowing him to revive his threat to shut down the government over wall funding.

At the White House, Republican leaders pushed for an 18-month debt-limit hike, then floated doing a six-month extension, according to two aides briefed on the meeting. But Pelosi and Schumer dismissed the six-month proposal, and Trump then agreed to the three-month hike that Democrats put on the table.

McConnell and Ryan came out of the White House meeting in the weakest position — losing an opportunity to neutralize the debt-ceiling issue before the 2018 midterm elections and to exclude Democrats from major policy debates this fall.

The president’s decision came barely an hour after Ryan panned the idea of a short-term debt hike, accusing Democrats of “playing politics” with much-needed aid for Hurricane Harvey victims.

“I think that’s ridiculous and disgraceful that they want to play politics with the debt ceiling at this moment when we have fellow citizens in need,” Ryan told reporters.

Trump apparently disagreed.

“We essentially came to a deal, and I think the deal will be very good,” Trump said. “We had a very, very cordial and professional meeting.”

Not all Democrats were so thrilled with the deal. Some were upset it did not include protections for the estimated 800,000 dreamers.

“So Trump attacks our dreamers, and the next day the Democrats walk in there and say, ‘Oh, let’s just have a nice timeout,’ while they’re all suffering?” said Rep. Luis V. Gutiérrez (D-Ill.). “That is what is wrong with Democrats. They don’t stand up.”

Schumer said he was not finished advocating for dreamers. “This is not a trade-off for us,” he said. “This is a very important issue that we’re going to fight hard for until we get it done.”

The plan for now is to suspend the debt ceiling until Dec. 15 and then revisit it with a vote by Congress before then, but the Treasury Department would retain flexibility to take emergency steps, two congressional aides said.

The short-term extensions for the debt ceiling and government funding are also expected to further cloud the prospects for enacting major tax cuts, Trump’s top domestic priority. They effectively mean spending and budget fights will continue for months, just as the GOP was hoping to coalesce around a plan to cut taxes.

Trump tried to rally support for his tax plan in North Dakota.

“Anybody that’s going to vote against tax cuts and tax reforms — whether it’s in North Dakota or anybody else or any place else — you’ve got to vote against them and get them out of office, because it’s so, it is so bad,” Trump said, pausing so that the crowd could cheer. “This is not a close one.”

The White House meeting took place just as the House approved the Harvey aid package, its first major order of business after the August recess.

The measure — providing $7.4 billion for the Federal Emergency Management Agency and $450 million for a disaster loan program for small businesses — passed 419 to 3, with 12 members not voting. Reps. Thomas Massie (R-Ky.), Justin Amash (R-Mich.) and Andy Biggs (R-Ariz.) voted no. It now moves to the Senate, where leaders plan to hold a vote by the end of the week.

Top House Republicans barely veiled their frustration with Trump’s decision to side with Democrats on the debt ceiling. House Rules Committee Chairman Pete Sessions (R-Tex.) said he “would have not tied the knot so tight” for December, saying an extension till at least February would have been better, but he carefully avoided criticizing Trump.

“We all do it differently,” Sessions said. “I think it was an overly generous answer that he gave our friends the Democrats. But I’m not going to be critical of my president. I support my president.”

Rep. Mark Meadows (R-N.C.), the chairman of the conservative House Freedom Caucus, was among those who warned that Democrats’ short-term debt-limit request could threaten GOP efforts to cut spending.

“Obviously getting a [continuing resolution] and the debt ceiling to not come due at the same time would be the most prudent fiscal decision we could make,” Meadows told reporters.

[Washington Post]

Reality

Both McConnell and Ryan were reportedly shocked and furious. You can see this in the press conferences after where Ryan went ballistic, claiming Democrats were playing politics with the debt ceiling. However it was Republicans who were willing to let the country default… again, and threaten a shutdown.

Trump Returns to False Tax Claim as He Pushes For Reform

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As part of a push for tax reform, President Trump bemoaned that the United States is the most heavily taxed nation on Earth.

That’s not true.

Trump is traveling to North Dakota to deliver a speech Wednesday afternoon on the importance of streamlining the tax code and easing the burden of taxes on citizens and businesses. In an early morning tweet, he promoted this trip and promised that under his administration the U.S. would no longer be “the highest taxed nation in the world.”

This statement is completely false. According to 2015 data from the Organization for Economic Co-Operation and Development (OECD), taxation accounted for 26.4 percent of the United States’ gross domestic product (GDP). This was lower than the average for the 35 nations in the OECD (34.3 percent) and in some cases far lower than comparable countries (45.5 percent in France, for instance).

In April 2016, the Pew Research Center concluded that U.S. tax bills are below the average for developed nations by examining OECD data dating back to 2001. It calculated “national-level income taxes plus mandatory social-insurance contributions as a percentage of gross income” for four different family types: a single working parent, a single working person without children, a married couple with two children where both parents work, and a married couple with two children where only one parent works. In all cases, the U.S. was below the average.

Trump has repeatedly touted this false claim. For instance, in a heated exchange with “Meet the Press” host Chuck Todd in May 2016, Trump said, “We’re the highest-taxed nation in the world. Our businesses pay more taxes than any businesses in the world. That’s why companies are leaving.” He also repeated the falsehood during debates and speeches.

PolitiFact rated Trump’s claim that the U.S. is “the highest taxed country in the world” as false in February 2016 after a Republican primary debate. The fact-checking website concluded that the U.S. “is far from the most taxed nation in the world, whether it’s an advanced industrialized economy or not.”

The website repeated its assessment on Wednesday after Trump’s tweet.

The Committee for a Responsible Federal Budget, a public-policy think tank, also rated Trump’s claim as false: “Notwithstanding our high corporate tax rate, the U.S. is not close to being the highest-taxed country in the world.”

The corporate income tax rate in the U.S. is high, at 35 percent, but the effective corporate tax rate — after accounting for deductions and tax breaks — is 18.6 percent, according to the Congressional Budget Office.

Determining which country has the highest tax rate is complicated and depends on the data researchers examine. Using data from OECD, Investopedia reported that Portugal has the highest tax rate for people with high incomes (61.3 percent); Belgium has the highest level for average-earning single people without children (42 percent); and Turkey has the highest levy for average-earning married couples with two children where only one spouse works (25.8 percent). And according to the World Economic Forum’s Global Competitiveness Report, Argentina’s total tax rate is an extraordinary 137.3 percent.

[Yahoo]

Trump Ends DACA Program

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President Donald Trump has decided to end the Obama-era program that grants work permits to undocumented immigrants who arrived in the country as children, according to two sources familiar with his thinking. Senior White House aides huddled Sunday afternoon to discuss the rollout of a decision likely to ignite a political firestorm — and fulfill one of the president’s core campaign promises.

The administration’s deliberations on the issue have been fluid and fast moving, and the president has faced strong warnings from members of his own party not to scrap the program.

Trump has wrestled for months with whether to do away with the Deferred Action for Childhood Arrivals, known as DACA. But conversations with Attorney General Jeff Sessions, who argued that Congress — rather than the executive branch — is responsible for writing immigration law, helped persuade the president to terminate the program and kick the issue to Congress, the two sources said.

In a nod to reservations held by many lawmakers, the White House plans to delay the enforcement of the president’s decision for six months, giving Congress a window to act, according to one White House official. But a senior White House aide said that chief of staff John Kelly, who has been running the West Wing policy process on the issue, “thinks Congress should’ve gotten its act together a lot longer ago.”

White House aides caution that — as with everything in the Trump White House — nothing is set in stone until an official announcement has been made.

Trump is expected to formally make that announcement on Tuesday, and the White House informed House Speaker Paul Ryan of the president’s decision on Sunday morning, according to a source close to the administration. Ryan had said during a radio interview on Friday that he didn’t think the president should terminate DACA, and that Congress should act on the issue.

A spokesman for Ryan did not immediately respond to a request for comment. White House press secretary Sarah Huckabee Sanders said in a statement, “A decision is not finalized. We will make an announcement on Tuesday.”

The president’s expected decision is likely to shore up his base, which rallied behind his broader campaign message about the importance of enforcing the country’s immigration laws and securing the border. At the same time, the president’s decision is likely to be one of the most contentious of his early administration, opposed by leaders of both parties and by the political establishment more broadly.

The White House and Congress have tried to pass the issue off on each other – with each arguing that the other is responsible for determining the fate of the approximately 800,000 undocumented immigrants who are benefiting from DACA. Though most Republicans believe that rolling back DACA is a solid legal decision, they are conscious of the difficult emotional terrain. Utah Sen. Orrin Hatch joined Ryan in cautioning Trump against rolling back the program.

The president is likely to couch his decision in legalese. Many on the right, even those who support protections for children brought into the country illegally through no fault of their own, argue that DACA is unconstitutional because former President Barack Obama carried it out unilaterally instead of working through Congress.

Some Republican lawmakers, including Florida Sen. Marco Rubio, have said that Congress needs to pass a law to protect the so-called Dreamers.

“My hope is that as part of this process we can work on a way to deal with this issue and solve it through legislation, which is the right way to do it and the constitutional way to do it,” Rubio told CNN in June.

Trump’s expected decision to scrap DACA within six months represents another challenge for Ryan and fellow congressional Republicans, who are facing an end-of-September deadline to avert a government shutdown and government debt default, while also tackling a Hurricane Harvey relief package and a major tax reform push.

It’s not clear that Congress will be able to come to an agreement on the future of DACA.

Rep. Steve King (R-Iowa), who previously said he was very disappointed by Trump’s lack of action on DACA, expressed fresh frustration on Sunday night with the idea of a delayed implementation.

“Ending DACA now gives chance 2 restore Rule of Law. Delaying so R Leadership can push Amnesty is Republican suicide,” King tweeted.

Meanwhile, Rep. Ileana Ros-Lehtinen (R-Fla.), who has called on Trump to stand up for the Dreamers, tweeted out her displeasure with Trump’s expected announcement.

“After teasing #Dreamers for months with talk of his ‘great heart,’ @POTUS slams door on them. Some ‘heart’…” she wrote.

[Politico]

Reality

As a candidate, he pledged that on the first day of his presidency he would terminate Barack Obama’s Deferred Action for Childhood Arrivals program, which offers work permits to undocumented immigrants brought to the United States as children.

Instead, on the 229th day of his presidency, he trotted out Attorney General Jeff Sessions to announce that the Trump administration will gradually wind down the program over the next six months. DACA will end more than a year after Trump took office — or possibly not at all. The delay is intended to give Congress time to pass a replacement measure that could provide similar protections to those known as “dreamers.”

 

Trump Says He Will Revisit DACA Decision If Lawmakers Don’t Act

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President Trump said Tuesday that he would revisit his decision to end the Deferred Action for Childhood Arrivals (DACA) program if lawmakers are unable to pass legislation on the matter in the next six months.

“Congress now has 6 months to legalize DACA (something the Obama Administration was unable to do). If they can’t, I will revisit this issue!” he wrote on Twitter.

Attorney General Jeff Sessions announced Tuesday morning that the Trump administration would rescind the Obama-era program, which shielded certain young undocumented immigrants from deportation.

The administration said, however, that DACA would be phased out over the next six months, a delay intended to give lawmakers time to pass legislation addressing the issue.

Trump defended the decision to rescind the program earlier Tuesday, saying that the six-month delay would give lawmakers “a window” to act.

“As I’ve said before, we will resolve the DACA issue with heart and compassion — but through the lawful democratic process,” he said.

Several lawmakers on both sides of the aisle have already expressed support for the DREAM Act, which would grant young immigrants who were brought to the U.S. illegally as children reprieve from deportation. The DREAM Act was first introduced in 2001.

[The Hill]

Reality

Donald Trump’s reasoning for kicking DACA over to Congress was that the president does not have the legal authority to unilaterally enact prosecutorial discretion (which he does). But what Trump is saying now is that if Congress doesn’t act within his time frame then he will unilaterally enact prosecutorial discretion.

So then why did he pass the buck to Congress in the first place?

EPA Public Affairs Official Given Right to Veto Climate Change Federal Grants

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Scientists and university researchers who are seeking grants from the Environmental Protection Agency are unlikely to see any funding come their way if they mentions the dreaded double-C words: climate change.

According to the Washington Post, the EPA has given veto power over grants and awards to John Konkus, who goes by the title of Deputy Associate Administrator for Public Affairs.

The Post notes that the EPA doles out hundreds of millions of dollars in funding and that those dollars are, in essence, only given with the approval of Konkus now.

Konkus has reportedly told staffers that he is empowered to look for “the double C-word” — climate change — and warned grant officers that they not to be mentioned in funding solicitations.

The report states that Konkus has already canceled close to $2 million awarded to universities and nonprofit organizations.

EPA spokesperson Liz Bowman dismissed concerns about the politicized influence of Konkus, stating in an email that grant decisions are, “to ensure funding is in line with the Agency’s mission and policy priorities. We review grants to see if they are providing tangible results to the American people.”

Former EPA head, Republican Christine Todd Whitman criticized the role of Konkus, saying, “We didn’t do a political screening on every grant, because many of them were based on science, and political appointees don’t have that kind of background.”

Prior to serving in the EPA’s pubic affairs office, Konkus served as President Donald Trump’s Leon County, Florida, campaign chairman and as a political consultant for hire.

[Raw Story]

Donald Trump’s EPA Is Now Attacking Journalists

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On Saturday, Associated Press journalists Jason Dearen and Michael Biesecker reported at least five toxic, Houston-area Superfund sites in the path of Hurricane Harvey had been deluged with floodwater, potentially distributing the assorted nasty things contained within across a much larger geographical area. The AP report noted while its reporters were able to access the sites via boat, the Environmental Protection Agency was not on scene, and did not provide a timeline for when its staff would be able to visit them.

Now the EPA, which is under the control of Donald Trump appointee and longtime EPA hater Scott Pruitt, has fired back with one of the administration’s favorite tactics: smearing the messenger. In an extraordinary statement that appeared on the agency’s website on Sunday, the EPA called the AP report “misleading” and attacked Biesecker’s “audacity” and credibility.

“Here’s the truth: through aerial imaging, EPA has already conducted initial assessments at 41 Superfund sites—28 of those sites show no damage, and 13 have experienced flooding,” the EPA wrote.

Notably, the EPA tried to bury that its “initial assessment” was conducted with “aerial images,” not actual on-site assessments, and that the agency had failed to visit at least 11 possibly storm-damaged Superfund sites as of Saturday. That is completely in line with the original AP report.

“Administrator Pruitt already visited Southeast Texas and is in constant contact with local, state and county officials,” the statement continued. “And EPA, has a team of experts imbedded with other local, state and federal authorities, on the ground responding to Harvey – none of which Biesecker included in his story.”

“Unfortunately, the Associated Press’ Michael Biesecker has a history of not letting the facts get in the way of his story,” the EPA continued. “Earlier this summer, he made-up a meeting that Administrator Pruitt had, and then deliberately discarded information that refuted his inaccurate story—ultimately prompting a nation-wide correction. Additionally, the Oklahoman took him to task for sensationalized reporting.”

(Biesecker did not make up the story, which is that Pruitt met with Dow CEO Andrew Liveris before deciding not to ban Dow’s chlorpyrifos pesticide, but instead issued a correction regarding the length of said meeting.)

In a followup statement, EPA Associate Administrator Liz Bowman claimed the AP was “once again” attempting to “mislead Americans” by “cherry-picking facts,” and slammed the report as “yellow journalism.” The statement also links to far-right website Breitbart, one of the president’s favorite websites.

Since the EPA did not actually contest any of the facts in the AP article, this looks an awful lot like petty retaliation against journalists for having the temerity to report on things like the EPA’s response to an environmental catastrophe—or any number of other things, like Pruitt’s extremely sketchy ties to the climate change denial movement, war on environmental science or plans to eliminate huge numbers of EPA staff.

Going after reporters might please the big, stupid and extremely petty man in the Oval Office. But that’s precisely because responding to bad publicity by doubling down and smearing critics is the way a child would handle things. Never mind the toxic waste potentially spread all around Houston—a bunch of Trump appointees’ egos are the real victims here.

[Gizmodo]

Trump Lawyer to Reporter: ‘Are You on Drugs?’

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White House special counsel Ty Cobb exchanged a lengthy series of emails with a reporter this weekend in which he called the press “rabid” and asked of the reporter, “Are you on drugs?”

Business Insider reported the exchange between Cobb, who represents President Trump in the ongoing Russia election meddling investigation, and the outlet’s reporter Natasha Bertrand.

Cobb reportedly emailed the publication to complain about a story written about White House counsel Don McGahn and Trump. The story reported an early draft of a letter detailing Trump’s reasoning for firing FBI Director James Comey. The letter was recently provided to special counsel Robert Mueller.

Cobb ripped the story, calling it “exaggerated and/or fictionalized” in a lengthy email.

“Rabid though the press may be on the issue, the original memorandum of the president’s thoughts in letter form, the related Department of Justice analysis (which was first initiated before the President independently memorialized his thoughts), the subsequent conclusions of the Department of Justice, and the ultimate summary of each in the final termination letter are quite consistent and focus on the former director’s usurpation of powers and other erratic and inexplicable conduct,” Cobb wrote, according to Business Insider.

Bertrand then responded to Cobb, asking why Trump didn’t send the original letter draft to Comey.

“Are you on drugs? Have you read anything else on this???” Cobb replied.

The original draft of the letter, written by Trump and adviser Stephen Miller, reportedly complained that Comey wouldn’t publicly say that Trump was not personally under investigation in the ongoing Russia probe.

Trump fired Comey in May with a shorter letter that cited the recommendations of Attorney General Jeff Sessions and his deputy, Rod Rosenstein, that Comey be terminated over his handling of the FBI investigation into Hillary Clinton’s use of a private email server while serving as secretary of State.

Cobb was named as White House special counsel to oversee the Russia investigation in July.

[The Hill]

Trump Jokes About His Penis While Serving Food to Harvey Victims

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President Trump joked that his hands were “too big” while putting on plastic gloves to serve food to victims of Hurricane Harvey in Houston on Saturday.

Video broadcast by Fox News shows Trump working at a food serving line at NRG Stadium in Houston. While putting on gloves, Trump turned to the members of the press and said, “My hands are too big.”

Trump returned to Texas on Saturday to visit with victims affected by Hurricane Harvey and volunteers coordinating relief efforts. Alongside first lady Melania Trump, he handed out food and played with children at the evacuation center.

“People appreciate what’s been done. It’s been done very efficiently and very well,” Trump said following the visit to a Houston disaster relief center, according to a White House pool report.

“As tough as this was [the response] has been a wonderful thing, I think, even for the country to watch.”

Trump visited Texas earlier this week following the storm, where he was briefed on rescue and recovery efforts. But some critics argued that trip lacked the president meeting with storm victims personally.

The president is also set to visit Louisiana, which was also ravaged by Hurricane Harvey, on Saturday.

[The Hill]

Media

Trump preparing withdrawal from South Korea trade deal

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President Trump has instructed advisers to prepare a withdrawal from the United States’ free-trade agreement with South Korea, several people close to the process said, a move that would stoke economic tensions with the U.S. ally at a time both countries confront a crisis over North Korea’s nuclear weapons program.

While it is still possible Trump could decide to stay in the agreement in order to renegotiate its terms, the internal preparations for terminating the deal are far along and the formal withdrawal process could begin as soon as this coming week, said the people, who spoke on condition of anonymity.

A number of senior White House officials are trying to prevent Trump from withdrawing from the agreement, including national security adviser H.R. McMaster, Defense Secretary Jim Mattis, and National Economic Council Director Gary Cohn, these people said.

A White House spokeswoman said “discussions are ongoing, but we have no announcements at this time.”

South Korea elected a new president, Moon Jae-in, in May, and Trump has been frustrated that Moon is not willing to accept the initial U.S. trade demands, several trade experts said. Foreign leaders at first worked hard to try and build strong relations with Trump, but there has been a marked change in recent months with numerous leaders standing up to his brand of nationalism.

Trump is “playing with fire,” said Gary Schmitt, co-director of the Marilyn Ware Center for Security Studies at the American Enterprise Institute. “There is a new president in South Korea whose instincts probably are to be probably not as pro-America as his predecessor and now you are putting him in situation where he has to react. In fact, what you need now is as much cooperation as possible.”

One reason top White House advisers are trying to stop Trump from withdrawing from the South Korea free trade agreement is because they do not want to isolate the government in Seoul at a time when North Korea has become increasingly adversarial with its missile program, testing nuclear weapons and firing missiles over Japan in a way that has alarmed the international community.

If Trump withdraws from the agreement, he could try to force South Korea to import more U.S. products with little to no import restrictions, something he believes will help U.S. companies and workers. South Korea could also decide to refuse any discussions with Trump, kicking off a trade war between the countries.

The trade agreement was signed in 2007 and went into effect in 2012.

Withdrawing from the deal could lead to a large increase on tariffs levied against products the United States imports from South Korea, such as electronics, cellphones and automobiles. South Korea would also immediately start charging very high tariffs on goods and services imported into its country. Chad Bown, who served as an economist in the White House during the Obama administration, said the tariff the U.S. government charges against many Korean imports would rise from 0 to 3.5 percent. The tariff South Korea charges against U.S. imports would rise from 0 to almost 14 percent, potentially making it harder for U.S. companies to find buyers there.

Trump’s consideration of starting the process of pulling out of the deal was first reported by Inside U.S. Trade.

In July, U.S. Trade Representative Robert E. Lighthizer revealed some of Trump’s complaints with the South Korea deal during a “special session” that was called in an attempt by the White House to begin renegotiations.

Lighthizer said at the time that since 2012, the U.S. “trade deficit in goods with Korea has doubled from $13.2 billion to $27.6 billion, while U.S. goods exports have actually gone down. This is quite different from what the previous Administration sold to the American people when it urged approval of this Agreement. We can and must do better.”

South Korea, though, has so far refused to renegotiate the trade deal.

In an April interview with the Washington Post, Trump called the U.S.’s trade agreement with South Korea “a horrible deal” that has left America “destroyed.”

“With the Korean deal, we terminate and it’s over,” Trump told the Washington Post in that interview.

Trump added: “I will do that unless we make a fair deal. We’re getting destroyed in Korea.”

Trump has expressed widespread frustration that he has not been able to follow through on campaign promises to rip up trade deals that he argues have disadvantaged U.S. workers. He came close several months ago to starting a withdrawal from the North American Free Trade Agreement, but he stopped short after intense lobbying by advisers and the business community.

But in recent days he has said he might still withdraw from NAFTA, accusing Mexico in particular of refraining to offer concessions during negotiations.

South Korea is the sixth-largest goods trading partner with the United States, accounting for $112.2 billion in two-way trade last year, according to the U.S. trade representative. U.S. companies exported $42.3 billion in goods to South Korea and imported $69.9 billion in goods last year, leaving a trade deficit of $27.7 billion.

Trump has said many countries that export more goods to the United States than they import are fleecing U.S. workers and consumers.

The U.S.-South Korea free-trade agreement, known as KORUS, allows the United States to terminate it after six months if it wishes to. So if Trump signed a letter to withdraw from the agreement, the deal would effectively be terminated in March 2018. KORUS was approved by Congress, but Trump could to pull out of the agreement on his own.

[Washington Post]

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