Tag: Department of Justice

Trump Tells Sessions to ‘Stop This Rigged Witch Hunt Right Now’

President Trump called on Attorney General Jeff Sessions on Wednesday to end the special counsel investigation, an extraordinary appeal to the nation’s top law enforcement official to end an inquiry directly into the president.

The order immediately raised questions from some lawyers about whether it was an attempt to obstruct justice. The special counsel, appointed last year to oversee the government’s Russia investigation, is already looking into some of the president’s previous Twitter posts and public statements to determine whether they were intended to obstruct the inquiry into Russia’s interference in the 2016 election and any ties to the Trump campaign.

Mr. Trump’s lawyers quickly moved to contain the fallout, saying it was not an order to a member of his cabinet, but merely an opinion. An hour and a half after the tweet was posted, Mr. Trump’s lawyers contacted a reporter for The New York Times. In a subsequent telephone conversation, one of his lawyers, Rudolph W. Giuliani, dismissed the obstruction of justice concerns, calling it a “bizarre and novel theory of obstruction by tweet,” adding that it was “idiotic.”

Presidents typically do not weigh in on active Justice Department investigations, but Mr. Trump has been outspoken about his anger and frustration with the Russia inquiry. Mr. Trump has also said that he never would have made Mr. Sessions his attorney general if he had known Mr. Sessions would recuse himself from the inquiry.

The Justice Department declined to comment.

Mr. Sessions recused himself in early 2017 in part to avoid the kind of conflicts Mr. Trump proposed. Later, the special counsel, Robert S. Mueller III, was appointed to carry out the inquiry.

The president’s lawyers, Jay A. Sekulow and Mr. Giuliani, said in a telephone interview that Mr. Trump was not ordering the inquiry closed but simply expressing his opinion.

“It’s not a call to action,” Mr. Giuliani said, adding that it was a sentiment that Mr. Trump and his lawyers had previously expressed publicly and that it was a statement protected by the president’s constitutional right to free speech.

“He doesn’t feel that he has to intervene in the process, nor is he intervening,” Mr. Sekulow said.

The president wanted the legal process to play out, his lawyers said. “He’s expressing his opinion, but he’s not talking of his special powers he has” as president, Mr. Giuliani said.

[The New York Times]

Trump tries to spin Justice Department documents outlining Carter Page’s Russia contacts

President Donald Trump took to Twitter Sunday morning to try and hit back against the Justice Department’s release of documents outlining Carter Page’s contacts with Russians during the 2016 presidential campaign.

On Saturday, the Justice Department released a warrant application the FBI had made to get permission to conduct surveillance on Page, a former Trump campaign adviser. The application to the Foreign Intelligence Surveillance Act court, made in October 2016, alleged that Page “has been collaborating and conspiring with the Russian government.”

The non-redacted portions of the 400-page FISA document make serious claims about Page’s ties to the Russian government. The Justice Department alleges in the documents that the former adviser “has established relationships with Russian government officials, including Russian intelligence officers” and that the “FBI believes the Russian government’s efforts to influence the 2016 U.S. presidential election were being coordinated with Page and perhaps other individuals associated with [Trump’s] campaign.”

“The FBI believes Page has been the subject of targeted recruitment by the Russian government,” the warrant says. After a redacted line, the document then continues, “undermine and influence the outcome of the 2016 U.S. presidential election in violation of U.S. criminal law. Mr. Page is a former foreign policy adviser to a candidate for U.S. president.”

Trump responded to the documents Sunday morning, relying on his claim of “witch hunt” to describe the investigation into his campaign.

“As usual they are ridiculously heavily redacted but confirm with little doubt that the Department of ‘Justice’ and FBI misled the courts,” Trump tweeted about the FISA documents Sunday. “Witch Hunt Rigged, a Scam!”

In a subsequent tweet, Trump hit back against the Steele dossier, which alleges the Trump campaign’s ties to Russia and that the Russians have compromising information on the now-president. Trump quoted Fox News as saying, “Source #1 [for the FISA warrant] was the (Fake) Dossier. Yes, the Dirty Dossier, paid for by Democrats as a hit piece against Trump, and looking for information that could discredit Candidate #1 Trump. Carter Page was just the foot to surveil the Trump campaign …”

The president then tied the FISA warrant to the outcry sparked by his recent meeting with Russian President Vladimir Putin, claiming he “had a GREAT meeting with Putin and the Fake News used every bit of their energy to try and disparage it. So bad for our country!”

Page himself has denied the allegations, describing the FISA application as “spin” and a “complete joke” in an interview Sunday on CNN.

“I’ve never been an agent of a foreign power by any stretch of the imagination,” Page alleged Sunday.

The heavily redacted FISA documents, which enabled the government to surveil Page, were released Saturday after news organizations including the New York Times and USA Today filed lawsuits to obtain them through the Freedom of Information Act. Its release marks the first time a FISA application for surveillance has been released, the Washington Post noted, and such documents are considered to be highly classified.

The application previously made waves in February, as Republicans alleged in a memo that the FBI improperly relied on the dossier compiled by Christopher Steele to obtain the FISA warrant — which Democrats then rebutted in a separate report.

Republicans have previously pointed to the warrant’s reliance on the Steele dossier — which was initially commissioned by a firm that had been contracted by the Democratic National Committee and Hillary Clinton’s campaign — as evidence that the warrant was improperly granted, due to the dossier’s alleged bias. An initial Republican memo about the FISA warrant also claimed that the dossier’s origins were not mentioned in the warrant.

The now-released document, however, does disclose that the “U.S. person” who hired Steele “was likely looking for information that could be used to discredit [Trump’s] campaign,” and added that the FBI believes Steele’s reporting “to be credible.” Some details of the Steele dossier have been corroborated, although the document’s most salacious claims remain unverified.

David Kris, a former assistant attorney general for national security and associate deputy attorney general, wrote in a post for the Lawfare Institute that the page-long footnote dedicated to the potential bias behind the Steele dossier means “there is literally no way the FISA court could have missed it.”

“The FBI gave the court enough information to evaluate Steele’s credibility,” Kris wrote, also noting that the judges who signed off on the FISA applications were all appointed by Republican presidents.

Democrats are pointing to the now-released application as evidence that the FBI’s investigation into Page and the Trump campaign was legitimate. Rep. Adam Schiff, the ranking Democrat on the House Intelligence Committee, said in a statement quoted by the Washington Post that the FISA documents “underscore the legitimate concern [the] FBI had about Page’s activities as it was investigating Russia’s interference.”

House Speaker Nancy Pelosi said in a statement: “Despite President Trump’s repeated claims, these documents provide clear evidence of ‘Russia’s coordination with Carter Page,’ a high-ranking Trump campaign official, ‘to undermine and improperly and illegally influence the 2016 U.S. presidential election.’

“The GOP must cease their attacks on our law enforcement and intelligence communities, and finally decide where their loyalty lies,” Pelosi added.

[Mic]

Senate confirms Brian Benczkowski, justice official who worked for Russian bank

The Senate on Wednesday approved President Donald Trump’s pick to lead the Justice Department’s criminal division following a yearlong confirmation process.

Brian Benczkowski was narrowly confirmed as an assistant attorney general with a 51-48 vote. Democrats strongly opposed the nomination, partly because of his work while in private practice for a leading Russian bank. Democrats said his Russian ties could complicate special counsel Robert Mueller’s ongoing investigation into Russian interference in the 2016 election and possible coordination with the Trump campaign.

Democrats also contended that Benczkowski did not have enough experience in federal courtrooms to run the criminal division. The position is one of the most significant in the Justice Department, with the assistant attorney general having oversight of criminal cases involving public corruption, financial fraud, computer hacking, drug trafficking and other major crimes.

Benczkowski sought to downplay those concerns at his confirmation hearing last year, saying, “Being head of the criminal division in the first instance is principally a management and leadership job.” He noted that he had held multiple Justice Department posts, including serving as chief of staff to former Attorney General Michael Mukasey in the Bush administration.

“One of the things that I learned in the course of those previous positions is how important it is to consult and listen to the career lawyers in the department,” Benczkowski said.

Benczkowski, who also served as an aide to Jeff Sessions when he was a U.S. senator, has most recently been a partner at Kirkland & Ellis law firm and a Justice Department official.

Sessions, now attorney general, welcomed Benczkowski to the job Wednesday, praising his diverse experience.

[NBC News]

Trump administration to reverse Obama-era guidance on use of race in college admissions

The Trump administration is planning to rescind a set of Obama-era policies that promote using race to achieve diversity in schools, a source familiar with the plans tells CNN.

While the decision does not change current US law on affirmative action it provides a strong illustration on the administration’s position on an issue that could take on renewed attention with the departure of Justice Anthony Kennedy from the Supreme Court.
“The executive branch cannot circumvent Congress or the courts by creating guidance that goes beyond the law and—in some instances — stays on the books for decades,” Justice Department spokesperson Devin O’Malley told CNN in a statement. “Last year, the Attorney General initiated a review of guidance documents, which resulted in dozens of examples—including today’s second tranche of rescissions — of documents that go beyond or are inconsistent with the Constitution and federal law. The Justice Department remains committed to enforcing the law and protecting all Americans from all forms of illegal race-based discrimination.”
The Education Department did not immediately respond to a CNN request for comment.
The move, which was first reported by The Wall Street Journal, comes as the administration has thrown its weight behind a student group that accuses Harvard University of discriminating against Asian-Americans in its admissions process.
Last year, Attorney General Jeff Sessions announced that he was ending the practice of the Justice Department issuing “guidance documents” that have the “effect of adopting new regulatory requirements or amending the law,” without to going through the formal rulemaking process. As a result, 25 documents were rescinded in December.
The guidance that will be reversed Tuesday provided examples of different educational contexts within which institutions could permissibly consider race.
Tuesday’s reversal also does not affect what a school decides to do on its own within the confines of current Supreme Court precedent, but civil rights groups swiftly reacted with disappointment.
“We condemn the Department of Education’s politically motivated attack on affirmative action and deliberate attempt to discourage colleges and universities from pursuing racial diversity at our nation’s colleges and universities,” said Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law. “The rescission of this guidance does not overrule forty years of precedent that affirms the constitutionality of a university’s limited use of race in college admissions. This most recent decision by the Department of Education is wholly consistent with the administration’s unwavering hostility towards diversity in our schools.”
[CNN]

Justice Department seizes reporter’s phone, email records in leak probe

The Department of Justice reportedly seized a New York Times reporter’s phone and email records this year in an effort to probe the leaking of classified information, the first known instance of the DOJ going after a journalist’s data under President Trump.

The Times reported Thursday that the DOJ seized years’ worth of records from journalist Ali Watkins’s time as a reporter at BuzzFeed News and Politico before she joined The Times in 2017 as a federal law enforcement reporter, according to the report Thursday.

Watkins was alerted by a prosecutor in February that the DOJ had years of records and subscriber information from telecommunications companies such as Google and Verizon for two email accounts and a phone number belonging to her.

Investigators did not receive the content of the records, according to The Times.

The newspaper reported that it learned of the letter on Thursday.

“It’s always disconcerting when a journalist’s telephone records are obtained by the Justice Department — through a grand jury subpoena or other legal process,” Watkin’s attorney Mark MacDougall said in a statement to The Times.

“Whether it was really necessary here will depend on the nature of the investigation and the scope of any charges.”

The Hill has reached out to the Justice Department for comment.

FBI agents reportedly contacted Watkins about a previous three-year romantic relationship with the Senate Intelligence Committee’s former director of security, James Wolfe, as part of a probe into unauthorized leaks.

Watkins reportedly did not answer the agents’ questions, however. Watkins told The Times that Wolfe did not act as a source for information during their relationship.

She also said she informed editors at BuzzFeed, Politico and The Times of the relationship.

BuzzFeed News editor Ben Smith declined to comment for the Times report, while Politico didn’t immediately respond for its request for comment.

Attorney General Jeff Sessions announced last year that the DOJ had tripled the number of leak investigations it was conducting compared to the Obama administration, which prosecuted more leak cases than all other administrations.

[The Hill]

Trump: DOJ must not let Wasserman Schultz, aide ‘off the hook’

President Donald Trump on Thursday urged the Justice Department to not let Rep. Debbie Wasserman Schultz (D-Fla.) and one of her former aides “off the hook,” suggesting the imbroglio over IT staffer Imran Awan allegedly committing fraud on a home equity loan is “a key to much of the corruption we see today.”

“Our Justice Department must not let Awan & Debbie Wasserman Schultz off the hook,” the president tweeted. “The Democrat I.T. scandal is a key to much of the corruption we see today.”

The remarks come amid reports Awan and his wife, Hina Alvi, are poised to strike a plea dealover the investigation into their alleged conspiracy to commit bank fraud.

Trump has publicly criticized his own Justice Department over the ongoing federal probe into Russian election meddling in 2016 and ties to his campaign while questioning why it has not more aggressively pursued alleged crimes by Democrats. “The Russian Witch Hunt Hoax continues,” Trump tweeted of the investigation last week, adding, “Should be looking at Dems corruption instead?”

He has upended norms with his apparent attempts to pressure the Justice Department and has repeatedly denigrated Attorney General Jeff Sessions for recusing himself from the Russia probe.

In a statement provided by her spokesman, Wasserman Schultz replied to the president’s tweet: “I’m focused on doing my job. Donald Trump should focus on doing his.”

Wasserman Schultz — part of the target of his most recent attack — was notably a vocal supporter of Democratic presidential nominee Hillary Clinton in the 2016 elections, during which she served as chair of the Democratic National Committee. Schultz resigned after the Democratic National Convention in 2016 amid criticisms of her handling of the primary bout between Clinton and Sen. Bernie Sanders (I-Vt.) and after the scandal surrounding the hacked DNC server.

Awan, a former House Democratic aide to Wasserman Schultz, was arrested on a bank fraud charge while trying to leave the country to travel to Pakistan in July. Accused of seeking to defraud the Congressional Federal Credit Union by obtaining a home equity loan for a rental property, in violation of the credit union’s policies, Awan pleaded not guilty to the charge.

In August, a grand jury widened the scope of the criminal indictment, with Awan and his wife facing new charges including conspiracy to commit bank fraud, making false statements on a loan or credit application, carrying out unlawful monetary transactions and engaging in unlawful monetary transactions. They pleaded not guilty to the charges in September.

Conservative legislators and lawmakers have panned Wasserman Schultz for continuing to employ the IT staffer for months after he became the subject of criminal investigation. Awan was on the payroll for Wasserman Schultz until his indictment in July. Awan, who has worked for over two dozen House Democrats, has been at the center of a criminal probe related to alleged procurement theft on Capitol Hill.

House Republicans have raised questions over whether Awan’s work posed a national security threat.

Trump on Thursday implicated efforts to strike a plea deal in the Awan case as part of a conspiracy to obscure information on Democratic servers.

“They want to make a ‘plea deal’ to hide what is on their Server. Where is Server? Really bad!” Trump added on Twitter.

[Politico]

Trump slams Jeff Sessions, suggests a different attorney general would have stopped Russia probe

President Donald Trump is blaming his attorney general, Jeff Sessions, for allowing the Russia investigation to continue. Trump tweets that he would have “picked someone else” for the top job at the Justice Department had he known Sessions would recuse himself from the probe.

It’s the latest salvo from Trump in his bid to discredit the ongoing probe by special counsel Robert Mueller. Mueller is investigating Russia’s attempts to sway voters in the 2016 election and whether Trump associates provided any help. He’s also investigating whether Trump obstructed justice by taking steps to shut down the probe

Trump tweeted Tuesday: “The Russian Witch Hunt Hoax continues, all because Jeff Sessions didn’t tell me he was going to recuse himself…I would have quickly picked someone else. So much time and money wasted, so many lives ruined…and Sessions knew better than most that there was No Collusion!”

[CNBC]

Trump suggests political bias to blame in Clinton email report’s delay

President Donald Trump suggested Tuesday that the release of a Justice Department inspector general report into the FBI investigation of Hillary Clinton’s handling of classified information is being delayed in order to make it more sympathetic to those being investigated.

“What is taking so long with the Inspector General’s Report on Crooked Hillary and Slippery James Comey. Numerous delays. Hope Report is not being changed and made weaker! There are so many horrible things to tell, the public has the right to know. Transparency!” Trump tweeted.

The much-anticipated report is not directed at reviewing Clinton’s actions, but will examine former FBI Director Comey and other senior officials at the Justice Department and FBI under the Obama administration. It will include a review of whether “certain underlying investigative decisions were based on improper consideration.”

A draft of the report has been completed, sources with knowledge of the matter told CNN last month, and has been sent to lawyers for the various individuals criticized in it so that they can review it with their clients and submit rebuttal points for consideration. Many submitted their feedback to the inspector general last week, the sources said.

Its public release is expected any day.

The report, which is headed by Inspector General Michael Horowitz and was launched in January 2017, has the potential to deliver the stiffest blow for officials who formerly occupied the highest positions within the FBI and Justice Department.

One potential preview of Horowitz’s findings on decisions by Comey was already outlined in a blistering memo written by Deputy Attorney General Rod Rosenstein, which detailed the ways Comey broke with long-standing department protocols and customs in the Clinton email investigation. Rosenstein’s memo, controversial in its own regard, was initially used to rationalize firing Comey, but then Trump later said he would have done it regardless of Rosenstein’s memo, and has since defended his decision as a “great honor.”

[CNN]

Trump Pardons Dinesh D’Souza, Who Pleaded Guilty To Campaign Finance Fraud

President Trump has pardoned conservative commentator Dinesh D’Souza, who pleaded guilty in 2014 to making illegal campaign contributions in other people’s names.

On Twitter on Thursday, Trump said D’Souza was “treated very unfairly by our government.”

The White House later issued an official statement saying D’Souza was, “in the president’s opinion, a victim of selective prosecution” — an opinion that was roundly rejected by a federal judge when D’Souza was sentenced. The White House also noted that D’Souza “accepted responsibility for his actions” and completed community service.

D’Souza has been an outspoken supporter of President Trump.

This is the fifth pardon of Trump’s presidency. He told reporters on Air Force One on Thursday that he is considering using his clemency power in other high-profile cases, as well.

He said he is weighing a pardon for Martha Stewart, who served time for conspiracy and lying to federal investigators but has been free for more than a decade. Trump said she was “unfairly treated” and “used to be my biggest fan in the world.”

And the president said he was considering commuting the sentence of former Illinois Gov. Rod Blagojevich, who was sentenced to more than a decade in prison for corruption after he tried to sell the Senate seat vacated by former President Barack Obama.

Trump said Blagojevich was put in jail “for being stupid and saying things that … many other politicians say.” He also noted that Blagojevich is a Democrat.

“I don’t know him other than that he was on The Apprentice for a short period of time,” Trump said, referring his former reality TV show. Blagojevich was a contestant on Celebrity Apprentice in 2010.

D’Souza is a best-selling author and successful filmmaker who served as an adviser in the Reagan administration. He’s also a prominent Christian activist; he used to be the president of a Christian college but resigned after he became engaged to one woman while still married to another. He is also a former commentator on NPR.

In 2014, when he was charged with violating federal election campaign laws, D’Souza alleged that he was the victim of selective prosecution, targeted for his conservative beliefs. He had been sharply critical of Obama, whose administration prosecuted him.

A judge rejected that defense, calling it “all hat, no cattle.” Then-Manhattan U.S. Attorney Preet Bharara, who prosecuted the case, emphatically denied any political motivation.

“As our office’s record reflects, we will investigate and prosecute violations of federal law, particularly those that undermine the integrity of the democratic electoral process, without regard to the defendant’s political persuasion or party affiliation,” he said in 2014. “That is what we did in this case and what we will continue to do.”

D’Souza ultimately admitted to donating tens of thousands of dollars to a U.S. Senate campaign, well above the individual contributions limit of $5,000, by funneling money to other people and donating in their names.

As part of his guilty plea, D’Souza admitted that he “knew what he was doing was wrong and something the law forbids,” the U.S. Attorney’s Office for the Southern District of New York said in a statement.

D’Souza was sentenced to five years of probation, including eight months’ confinement in a community center.

He has continued to protest his prosecution as political, and celebrated when Bharara was pushed out of office by the Trump administration.

New York Attorney General Barbara Underwood blasted Trump’s pardon of D’Souza.

“President Trump is undermining the rule of law by pardoning a political supporter who is an unapologetic convicted felon,” Underwood said in a statement.

In addition to the five people pardoned, Trump has granted one commutation since taking office.

All the cases have involved public figures or received media attention — from Scooter Libby to former Sheriff Joe Arpaio.

Trump is moving to grant pardons much more quickly than his most recent predecessors. At this same point in their presidencies, former Presidents Obama, George W. Bush and Clinton had not issued any pardons.

While issuing pardons used to be more common, presidents in the past few decades have waited until closer to the end of their terms before granting large amounts of pardons, particularly those that might be considered controversial.

Clemency advocates have noted that high visibility in the press — on Fox News in particular — and personal appeals from celebrities seem to help when seeking clemency from Trump.

Actor Sylvester Stallone successfully lobbied for a posthumous pardon for legendary boxer Jack Johnson.

On Wednesday, reality star Kim Kardashian West met with Trump at the White House to make the case for clemency for Alice Marie Johnson, a great-grandmother serving life in prison for a first-time drug offense.

Kardashian West tweeted after the meeting that she hopes Trump will act on Johnson’s case.

[NPR]

Trump: Wish I picked someone other than Sessions to head DOJ

President Trump on Wednesday said he regrets his decision to pick Jeff Sessions as attorney general, the latest sign of his growing anger over the Russia investigation.

Citing Rep. Trey Gowdy (R-S.C.), who said earlier on CBS that Trump “could have picked somebody else” to lead the Justice Department, the president responded, “I wish I did!”

Gowdy was asked whether Trump obstructed justice when he reportedly asked Sessions early last year to reverse his decision to rescue himself from the Russia probe, an interaction reported Tuesday by The New York Times.

In comments later quoted by Trump, Gowdy said Trump was merely “expressing frustration that Attorney General Sessions should have shared these reasons for recusal before he took the job, not afterward.”

“There are lots of really good lawyers in the country, he could have picked somebody else!” Trump wrote, quoting Gowdy.

The president has lashed out at a variety of targets as the Russia investigation has moved closer to his inner circle, including special counsel Robert Mueller and now Sessions.

Sessions, a former Alabama senator and top Trump campaign backer, decided to recuse himself from the probe after it was revealed he had not disclosed contacts with Russia’s U.S. ambassador during the 2016 presidential race.

That decision angered Trump, who viewed it as the ultimate betrayal. The president has said publicly he wants an attorney general who will shield him legally and politically.

“If he would have recused himself before the job, I would have said, ‘Thanks, Jeff, but I’m not going to take you,’” Trump told the Times in July 2017. “It’s extremely unfair — and that’s a mild word — to the president.”

The Times reported that Mueller is probing the interaction between Sessions and the president in his effort to determine whether Trump obstructed the investigation into ties between Moscow’s election interference and the Trump campaign.

Trump, however, has not shied away from attacking Sessions, blasting him as “weak” for not heeding his calls to launch an investigation into 2016 Democratic presidential nominee Hillary Clinton and former FBI Director James Comey.

Aides say the president has not fired Sessions, however, because he understands it would draw even more legal and political backlash.

Instead, Trump has chosen to attack Mueller and his investigators in an effort to undermine the credibility of the probe.

Gowdy rebutted one of the president’s main line of attacks, that the Obama administration embedded a spy on his campaign in order to benefit Clinton. In fact, the FBI used a confidential source who met with several Trump associates suspected of having contacts with Russians.

“I don’t know what the FBI could have done or should have done other than run out a lead that someone loosely connected with the campaign was making assertions about Russia,” Gowdy said on CBS.

Trump did not cite those remarks on Twitter.

[The Hill]

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