Category: Loyalty Purge

Immigration judge removed from cases after perceived criticism of Sessions

The Justice Department plans to take dozens of cases away from an immigration judge who has delayed deportation orders, in part for perceived criticism of Attorney General Jeff Sessions, the union representing immigration judges said Wednesday.

CNN reported Tuesday that the Justice Department replaced Philadelphia Immigration Judge Steven Morley with an assistant chief immigration judge last month to hear a single case on his docket, which resulted in a young undocumented immigrant, Reynaldo Castro-Tum, being ordered deported.

Assistant Chief Immigration Judge Jack Weil told Morley that comments in the Castro-Tum case were perceived as “criticism” of the Board of Immigration Appeals and attorney general’s decisions and that they were “unprofessional,” according to the grievance filed by the National Association of Immigration Judges. The cases all involve young undocumented immigrants and whether they got adequate notice from the government about hearings at which they failed to appear. Weil also told Morley that he himself should have either ordered Castro-Tum deported or terminated the case altogether.

It’s the most public fight yet between the union that represents the nation’s roughly 350 immigration judges and Sessions, who has intently focused on the immigration courts under his purview. The immigration judges have long bemoaned their structure under the Justice Department, but have taken particular issue with many of the moves pursued by the Trump administration that they say interfere with their ability to conduct fair and impartial court proceedings.

Unlike federal judges, immigration judges are employees of the Justice Department and the attorney general has the authority to hire them, manage their performance measures and even rule on cases with binding authority over how the judges must decide similar issues.

The judge’s union says DOJ broke the collective bargaining agreement by violating Morley’s independent decision-making authority.

Morley denied those comments were unprofessional and reiterated he made the proper decisions in the case based on the facts and due process, the grievance said.

“He’s being targeted for what is perceived to be criticism of the attorney general when it is in fact just a judge doing his job, raising concerns about due process,” Judge Ashley Tabaddor said Wednesday on behalf of the National Association of Immigration Judges.

[CNN]

Reality

The removal of Judge Steven Morley subverted the judicial process, undermined his independence, and impugned his competence and integrity, all to obtain a particular outcome in the case, according to the judges’ union and its labor complaint.

Trump, citing politics, looking to revoke security clearances

President Donald Trump is considering stripping a half-dozen former national security officials of their security clearances, White House press secretary Sarah Sanders said Monday, calling their public commentary about the ongoing Russia probe inappropriate.

The list of former officials under consideration includes former CIA Director John Brennan, former Director of National Intelligence James Clapper, former FBI Director James Comey, former national security adviser Susan Rice, former deputy FBI Director Andrew McCabe and former National Security Agency Director Michael Hayden, according to Sanders.

“They’ve politicized and in some cases monetized their public service,” Sanders said during a press briefing. “Making baseless accusations of an improper relationship with Russia is inappropriate.”

Sanders would not say when the President would make the decision; she said only that the White House would provide updates when it had them.

The announcement came after Sen. Rand Paul, R-Kentucky, tweeted that he planned to speak with Trump about removing Brennan’s security clearance. Brennan declared last week that Trump’s performance following a summit with Russian President Vladimir Putin in Helsinki was “nothing short of treasonous.”

A decision to strip a former official of a security clearance would prove a striking use of presidential power. Even Michael Flynn, Trump’s onetime national security adviser who was fired during the Obama administration, maintained his clearance when he was acting as a campaign surrogate for Trump, often leading “lock her up” chants at political rallies.

Sanders did little to mask the political nature of Trump’s threat, indicating the President was frustrated by the former officials’ criticism of him.

“When you have the highest level of security clearance, when you’re the person that holds the nation’s deepest, most sacred secrets at your hands and you go out and you make false accusations against the President on the United States, he says that’s something to be concerned with,” Sanders said.

“We’re exploring what those options are and what that looks like,” she said of the process for removing the officials clearances.

When they leave government, national security officials routinely maintain their security clearances, partly to consult with those who replace them about ongoing situations or issues.

Officials also use their clearances to obtain high-paying consulting positions in the private sector.

“I think this is just a very, very petty thing to do. And that’s about all I’ll say about it,” Clapper said on CNN in the immediate wake of Sanders’ announcement.

“There is a formal process for doing this,” he added. “But, you know, legally the President has that prerogative and he can suspend and revoke clearances as he sees fit. If he chooses to do it for political reasons, I think that’s a terrible precedent and it’s a really sad commentary and its an abuse of the system.”

Hayden indicated being stripped of his clearance would be of little consequence to his commentary.

“I don’t go back for classified briefings. Won’t have any effect on what I say or write,” he tweeted.

It is the President’s prerogative to revoke security clearances, a former senior intelligence official said on Monday, who added that instances of such an occurrence were rare.

Usually former senior officials retain clearances so their successors can consult with theem on a pro bono basis, the former official said.

[CNN]

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

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]

John Bolton ousts well-regarded national security official who clashed with Stephen Miller

President Donald Trump has lost another top administration official as hard-liner’s consolidate their grip in the West Wing, Politico reported Friday.

Jennifer Arangio, a former senior director in the National Security Counsil, was “let go” and “escorted off the premises” according to Politico’s sources.

“We don’t comment on personnel,” a NSC spokesperson said.

Since John Bolton took over as National Security Advisor, the NSC has also seen the departures of chief of staff Keith Kellogg, homeland security advisor Tom Bossert, spokesman Michael Anton, and Middle East section officials Joel Rayburn and Michael Bell.

“The former White House official said Arangio’s just-the-facts approach put her at odds with top Trump aide Stephen Miller, an immigration hardliner, and others involved with the Domestic Policy Council, especially on the issue of refugees,” Politico reported. “Arangio also has had some friction with Mira Ricardel, Bolton’s hard-edged deputy, according to the former NSC official and the former White House official.”

“She has fought to correct misleading information about refugees and migrants provided to the president by Miller and the DPC,” the former White House official explained.

President Trump has claimed to have the “best people” but has seen “record-breaking staff churn.”

[Raw Story]

Army discharging some immigrant recruits

The U.S. Army has begun quietly discharging some immigrant members, a move that could put those member’s immigration status at risk, The Associated Press reported Thursday.

Immigration attorneys told the AP that they knew of more than 40 immigrant recruits and reservists who had been discharged from their service or whose status is now at question.

Some of the military members told the AP that they did not know why they were discharged. Others said they were told they were labeled a “security risk” because of relatives abroad and or because their background checks were incomplete.

Spokespeople for the Pentagon and the Army told the news outlet that they could not comment on the discharges or say if there have been any policy changes due to pending litigation.

The Defense Department told the AP in a statement that “[a]ll service members (i.e. contracted recruits, active duty, Guard and Reserve) and those with an honorable discharge are protected from deportation.”

The immigration attorneys told the AP that many of the immigrants received an “uncharacterized discharge,” putting into question their ability to remain in the U.S.

Immigrant military members can obtain citizenship if they receive an honorable discharge. The AP reported that basic training has been delayed for discharged immigrant soldiers, which means they can’t become naturalized citizens.

Recruits must have legal status in the U.S. before enlisting in the Army. About 10,000 immigrants are currently serving in the military, with most going to the Army, according to the outlet.

The reports comes amid a Trump administration crackdown on immigration, including a “zero tolerance” policy mandating that all undocumented immigrants caught at the border face prosecution.

[The Hill]

Yellowstone chief says Trump administration forcing him out: ‘I feel this is a punitive action’

Yellowstone National Park’s superintendent said Thursday that he’s being forced out in an apparent “punitive action” following disagreements with the Trump administration over how many bison the park can sustain, a longstanding source of conflict between park officials and ranchers in neighboring Montana.

Superintendent Dan Wenk announced last week that he intended to retire March 30, 2019, after being offered a transfer he didn’t want. He said he was informed this week by National Park Service Acting Director Paul “Dan” Smith that a new superintendent will be in place in August and that Wenk will be gone by then.

“I feel this is a punitive action, but I don’t know for sure. They never gave me a reason why,” Wenk said. The only dispute he’s had with U.S. Interior Secretary Ryan Zinke, who oversees the park service, was whether the park has too many bison, Wenk said.

Ranchers in neighboring Montana have long sought reductions in Yellowstone’s bison numbers because of worries that they could spread the disease brucellosis to cattle and compete with livestock for grazing space outside the park. Brucellosis causes animals to prematurely abort their young and can be transmitted through birthing material. It also can infect people.

Park biologists contend the population of more than 4,000 bison is sustainable. But Zinke and his staff have said the number is too high, Wenk said, and raised concerns that Yellowstone’s scenic Lamar Valley is being damaged by overgrazing.

Zinke, a former Montana congressman, has paid close attention to projects back home, including proposing a new national monument near Glacier National Park even as he pushed reductions to monuments elsewhere in the U.S. That’s stirred speculation he has future political ambitions in the state.

Interior spokeswoman Heather Swift declined to comment directly on Wenk’s assertions or the issue of bison management. She referred The Associated Press to a previously issued statement saying President Donald Trump had ordered a reorganization of the federal government and that Zinke “has been absolutely out front on that issue.”

Wenk said he had multiple conversations with Zinke and his staff about bison, most recently this week.

“We’re not a livestock operation. We’re managing a national park with natural systems,” he said. “We do not believe the bison population level is too high or that any scientific studies would substantiate that.”

The livestock industry wants Yellowstone’s bison herds reduced to 3,000 animals, a population target specified in a 2000 agreement between Montana and the federal government. Montana Stockgrowers Association interim vice president Jay Bodner said Zinke “understands the issues around bison, not only in the park but how that impacts the livestock issue.”

[NBC News]

Trump contradicts himself in a single tweet about leaks he claims are fake news

President Donald Trump went off on the “fake news” that claims leaks are coming out of the West Wing of the White House. First, he called it fake news, and then he denounced the leaks that were coming out.

“The so-called leaks coming out of the White House are a massive over exaggeration put out by the Fake News Media in order to make us look as bad as possible. With that being said, leakers are traitors and cowards, and we will find out who they are!” Trump tweeted Monday.

White House press secretary Sarah Huckabee Sanders was bothered by the leak of the comment top aide Kelly Sadler made about Sen. John McCain (R-AZ). It has been reported that the communications department is searching for the leak.

When it was revealed that first lady Melania Trump underwent a procedure Monday on her kidney, pundits remarked that no one knew the procedure was coming. They compared the leaks in the East Wing, the first lady’s office, to the sieve in Trump’s West Wing.

[Raw Story]

Pence’s doctor resigns after reports of concerns about Jackson’s conduct

The White House physician assigned to Vice President Mike Pence, Jennifer Pena, has resigned, his office told CNN in a statement Friday. Pena worked in the White House Medical Unit.

“The vice president’s office was informed today by the White House Medical Unit of the resignation. Physicians assigned to the vice president report to the White House Medical Unit and thus any resignation would go entirely through the Medical Unit, not the vice president’s office,” Alyssa Farah, Pence’s press secretary, said in a statement to CNN.

This comes after CNN reported Tuesday that Pence’s doctor privately raised alarms within the White House last fall that President Donald Trump’s doctor Ronny Jackson may have violated federal privacy protections for a key patient — Pence’s wife, Karen — and intimidated the vice president’s doctor during angry confrontations over the episode.

A White House official later told CNN they felt Pence’s doctor had misrepresented the extent of Jackson’s actions.

Trump nominated Jackson to lead the Department of Veterans Affairs, but Jackson withdrew his nomination last week amid burgeoning allegations of professional misconduct.

“The allegations against me are completely false and fabricated,” Jackson said in a statement. “If they had any merit, I would not have been selected, promoted and entrusted to serve in such a sensitive and important role as physician to three presidents over the past 12 years.”

Though he returned to the White House Medical Unit, Jackson is no longer Trump’s attending physician.

According to copies of internal documents obtained by CNN, Pence’s doctor accused Jackson of overstepping his authority and inappropriately intervening in a medical situation involving the second lady as well as potentially violating federal privacy rights by briefing White House staff and disclosing details to other medical providers — but not appropriately consulting with the vice president’s physician.

The vice president’s physician later wrote in a memo of feeling intimidated by an irate Jackson during a confrontation over the physician’s concerns. The physician informed White House officials of being treated unprofessionally, describing a pattern of behavior from Jackson that made the physician “uncomfortable” and even consider resigning from the position.

Farah, press secretary for the vice president, said Pence’s physician “brought the issue to Mr. Ayers, who appropriately referred the matter to the proper channels.”

Current and former coworkers accused Jackson of abusive behavior and professional misconduct in interviews with Democratic staff on the Senate Veterans’ Affairs Committee, which sources briefed on the matter say has investigated those episodes as well as the one involving Karen Pence. The Senate Armed Services Committee, which is considering Jackson’s promotion in the Navy to become a two-star admiral, is aware of the incidents, according to sources familiar with the matter.

Jackson and the vice president’s physician have long had a “strained relationship,” according to a former White House medical official.

[CNN]

Trump doctor Harold Bornstein says bodyguard, lawyer ‘raided’ his office, took medical files

In February 2017, a top White House aide who was Trump’s longtime personal bodyguard, along with the top lawyer at the Trump Organization and a third man showed up at the office of Trump’s New York doctor without notice and took all the president’s medical records.

The incident, which Dr. Harold Bornstein described as a “raid,” took place two days after Bornstein told a newspaper that he had prescribed a hair growth medicine for the president for years.

In an exclusive interview in his Park Avenue office, Bornstein told NBC News that he felt “raped, frightened and sad” when Keith Schiller and another “large man” came to his office to collect the president’s records on the morning of Feb. 3, 2017. At the time, Schiller, who had long worked as Trump’s bodyguard, was serving as director of Oval Office operations at the White House.

“They must have been here for 25 or 30 minutes. It created a lot of chaos,” said Bornstein, who described the incident as frightening.

A framed 8-by-10 photo of Bornstein and Trump that had been hanging on the wall in the waiting room now lies flat under a stack of papers on the top shelf of Bornstein’s bookshelf. Bornstein said the men asked him to take it off the wall.

Bornstein said he was not given a form authorizing the release of the records and signed by the president known as a HIPAA release — which is a violation of patient privacy law. A person familiar with the matter said there was a letter to Bornstein from then-White House doctor Ronny Jackson, but didn’t know if there was a release form attached.

“If Ronny Jackson was the treating doctor, and he was asking for his patient’s paperwork, a doctor is obligated to give it to him to ensure continuity of care,” said NBC News medical correspondent Dr. John Torres, “but it has to be given in a secure fashion. Nobody who doesn’t have HIPAA clearance can see the patient records.”

NBC News legal analyst Danny Cevallos said that patients generally own their medical information, but the original record is the property of the provider. “New York state law requires that a doctor maintain records for at least six years, so a doctor who hands over his original records runs the risk of violating New York state law,” said Cevallos.

Bornstein said the original and only copy of Trump’s charts, including lab reports under Trump’s name as well as under the pseudonyms his office used for Trump, were taken.

Another man, Trump Organization chief legal officer Alan Garten, joined Schiller’s team at Bornstein’s office, and Bornstein’s wife, Melissa, photocopied his business card. Garten declined to comment for this article.

Schiller, who left the White House in September 2017, did not immediately respond to a request for comment.

Asked about the incident by Hallie Jackson of NBC News on Tuesday afternoon, White House Press Secretary Sarah Huckabee Sanders said that taking possession of medical records was “standard operating procedure for a new president” and that it was not accurate to characterize what happened as a “raid.”

“Those records were being transferred over to the White House Medical Unit, as requested,” said Sanders.

Bornstein said that Trump cut ties with him after he told The New York Times that Trump takes Propecia, a drug for enlarged prostates that is often prescribed to stimulate hair growth in men. Bornstein told the Times that he prescribed Trump drugs for rosacea and high cholesterol as well.

The story also quotes Bornstein recalling that he had told Rhona Graff, Trump’s longtime assistant, “You know, I should be the White House physician.”

After the article ran on Feb. 1, 2017, Bornstein said Graff called him and said, “So you wanted to be the White House doctor? Forget it, you’re out.’ ”

Two days after the article ran, the men came to his office.

“I couldn’t believe anybody was making a big deal out of a drug to grow his hair that seemed to be so important. And it certainly was not a breach of medical trust to tell somebody they take Propecia to grow their hair. What’s the matter with that?”

Bornstein said he is speaking out now after seeing reports that Jackson, who has allegedly been called “the candy man” for loosely prescribing pain medications as White House doctor, will not return to his post after being considered to run the Department of Veterans Affairs.

“This is like a celebration for me,” he said.

Jackson has denied improperly prescribing drugs.

Bornstein, 70, had been Trump’s personal doctor for more than 35 years.

During Trump’s presidential campaign, Bornstein wrote a letter declaring “unequivocally” that Trump would be the healthiest president in history. He called Trump’s health “astonishingly excellent.” The Trump campaign released the letter in December 2015.

Bornstein told NBC News in 2016 that he wrote the note in just five minutes while a limo sent by the candidate waited outside his office.

Asked how he could justify saying Trump would be the healthiest president ever, Bornstein said, “I like that sentence, to be quite honest with you, and all the rest of them are either sick or dead.”

[NBC News]

Trump pressed Sessions to fire 2 FBI officials who sent anti-Trump text messages

President Donald Trump sharply questioned Attorney General Jeff Sessions and FBI Director Christopher Wray during a White House meeting on January 22 about why two senior FBI officials — Peter Strzok and Lisa Page — were still in their jobs despite allegations made by allies of the president that they had been disloyal to him and had unfairly targeted him and his administration, according to two people with knowledge of the matter.

The president also pressed his attorney general and FBI director to work more aggressively to uncover derogatory information within the FBI’s files to turn over to congressional Republicans working to discredit the two FBI officials, according to the same sources.

The very next day, Trump met Sessions again, this time without Wray present, and even more aggressively advocated that Strzok and Page be fired, the sources said.

Trump’s efforts to discredit Strzok and Page came after Trump was advised last summer by his then-criminal defense attorney John Dowd that Page was a likely witness against him in special counsel Robert Mueller’s investigation into whether Trump obstructed justice, according to two senior administration officials. That Trump knew that Page might be a potential witness against him has not been previously reported or publicly known.

The effort to discredit Strzok and Page has been part of a broader effort by Trump and his allies to discredit and even fire FBI officials who they believe will be damaging witnesses against the president in Mueller’s obstruction of justice probe.

Those attacks, in turn, are part of a broader push to denigrate Mueller himself and make it easier for Trump to publicly justify his potential firing. Those efforts have taken on new urgency as Mueller continues to rack up guilty pleas from former senior Trump officials like Michael Flynn and Rick Gates, and after the FBI, in conjunction with other federal prosecutors, raided the office, home, and hotel room of Michael Cohen, Trump’s longtime lawyer. Trump’s fury over the raid has made many of his closest advisers worry that he’s inching closer to firing Deputy Attorney General Rod Rosenstein, who oversees the Mueller probe, and possibly Mueller as well.

Last May, Trump fired James Comey as FBI director, who today appears to be the special counsel’s most crucial witness against the president. Trump also enlisted his attorney general to pressure current FBI Director Wray earlier this year to fire then-FBI Deputy Director Andrew McCabe. Wraythought the pressure was so improper that he threatened to resign if it did not end.

Trump’s efforts against Page and Strzok demonstrate that the president personally has targeted even midlevel officials and career FBI agents.

[Vox]

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