Category: Authoritarian

Trump’s ‘great night for Republicans’ in the California primaries wasn’t so great after all

On Wednesday morning, President Donald Trump congratulated himself — and, oh yeah, his party — for its showing in Tuesday’s California primaries.

“Great night for Republicans!” tweeted Trump. “Congratulations to John Cox on a really big number in California. He can win. Even Fake News CNN said the Trump impact was really big, much bigger than they ever thought possible. So much for the big Blue Wave, it may be a big Red Wave. Working hard!”

Trump gets one thing right in this tweet: John Cox, until relatively recently a resident of Illinois, did qualify for one of the top two spots in the California governor’s race — alongside Lt. Gov. Gavin Newsom. (The problem for Republicans, of course, is that a one-on-one matchup between Newsom and Cox is likely to heavily favor the Democrat, given the lean of the Golden State.)

Even if you give Trump that Cox victory, however, his claims about Tuesday’s results in California suggesting a “big Red Wave” are badly misguided.

Going into Tuesday’s vote, there were major concerns among Democratic strategists that the state’s odd “jungle primary” system could spell doom for their side. Under the primary system, which was approved by voters in a ballot initiative in 2010, all candidates run on the same ballot. The top two vote-getters, regardless of their party affiliations, advance to the November election.

Because of the massive outpouring of Democratic candidates in the wake of Trump’s election in 2016, the party was faced with the very real possibility in a number of swing congressional districts of splintering the vote between so many candidates that the more limited number of Republicans running secured both of the top two spots.

This, from the Center for Politics at the University of Virginia, set those stakes clearly:

“The intricacies of the top-two format explain why the Democratic Congressional Campaign Committee and its allies have had to dump several million dollars (so far) into three Republican-held Southern California seats, CA-39, CA-48, and CA-49, before the primary because the Democrats are worried about not advancing candidates to the general election in one or more of those districts. This is why the California primary is by far the most important House primary this year, and not just because California has the largest share of U.S. House seats (about one-eighth of the 435 total, 53). Rather, it’s mostly because the California primary could decide races in June.”

That nightmare didn’t come to pass on Tuesday. Far from it. As Cook Political Report House editor David Wasserman tweeted early Wednesday morning:

That means that in all seven — yes, seven — Republican-held California House seats that Hillary Clinton won in the the 2016 election, Democrats will have a candidate. That’s a very big deal — particularly when you consider that if Democrats can win five or six of these seats that amounts to one-quarter (or close) of the total of 23 seats they need to net to win back the majority in November.

Also, not for nothing: It appears as though Republicans will be shut out of Sen. Dianne Feinstein’s re-election race — as the incumbent led the field with almost 44% of the vote and state senator Kevin de Leon appears to have secured the second slot.

Now, California is among the most Democratic states in the country. That Democrats did well in the state on Tuesday isn’t a massive surprise. But there were real — and valid — concerns heading into Tuesday’s primaries that the party might well cut off its nose to spite its face in the Golden State.

That simply didn’t happen. Democrats preserved virtually all of their opportunities on Tuesday night in California. And that means their solid chances of retaking the House majority in the fall remain very much intact.

Sorry, President Trump.

[CNN]

Trump Promotes Fox News Host’s Book After She Defends His Ability to Pardon Himself

Donald Trump promoted the book of Fox News host Harris Faulkner, who just a few hours prior defended Trump’s ability be his own judge in a democracy and pardon himself.

From ThinkProgress:

During an interview on Monday, Fox News host Harris Faulkner and Rep. Andy Biggs (R-AZ) vigorously agreed that President Trump has the power to pardon himself.

The two were discussing a tweet Trump posted earlier in the day stating that “I have the absolute right to PARDON myself.” As ThinkProgress detailed, a Department of Justice analysis written a month before President Nixon resigned concluded that presidents do not in fact have that power.

But during the interview with Biggs, Faulkner made it seem as though legal experts are in broad agreement with Trump’s position.

“Everything from what I’ve read and legal experts I’ve talked with have said, ‘well yes, the president could do that,’” she said.

Biggs responded to Faulkner’s comment by claiming that he thinks discussion of a self-pardon is “premature” because “you have to have a crime before you pardon yourself.” (His analysis is incorrect — Nixon was pardoned despite not being charged with any crimes.) But Biggs then said that “if you look at it, there is no constitutional constraint on the power to pardon of the president.”

“And so I think there is a constitutional authority for the president to pardon himself,” Biggs said.

Before Faulkner changed topics, both she and Biggs noted that while they think Trump has the power to pardon himself, doing so would create political problems. But notably, Biggs stopped short of saying that a self-pardon would result in Trump’s impeachment.

Media

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 calls Russia probe ‘unconstitutional’

President Donald Trump is calling the special counsel Russia probe “totally UNCONSTITUTIONAL!”

Trump tweets on Monday: “The appointment of the Special Councel is totally UNCONSTITUTIONAL! Despite that, we play the game because I, unlike the Democrats, have done nothing wrong!”

Trump’s team has sought to discredit special counsel Robert Mueller’s investigation into Russian meddling into the 2016 election.

Trump attorney Rudy Giuliani recently said the probe may need to be curtailed because, in his estimation, it was based on inappropriately obtained information from an informant and former FBI Director James Comey’s memos.

The FBI began a counterintelligence investigation in July 2016 to determine whether Trump campaign associates coordinated with Russia to tip the election. The investigation was opened after the emails were hacked from Democratic officials’ accounts and published; intelligence officials later formally attributed the breach to Russia.

[PBS]

Trump: I have the right to pardon myself

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

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

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

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

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

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

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

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

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

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

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

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

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

[The Hill]

Giuliani: Trump Could Have Shot Comey And Still Couldn’t Be Indicted For It

Candidate Donald Trump bragged that he could shoot someone on New York’s Fifth Avenue and not lose any support, and now President Donald Trump’s lawyer says Trump could shoot the FBI director in the Oval Office and still not be prosecuted for it.

“In no case can he be subpoenaed or indicted,” Rudy Giuliani told HuffPost Sunday, claiming a president’s constitutional powers are that broad. “I don’t know how you can indict while he’s in office. No matter what it is.”

Giuliani said impeachment was the initial remedy for a president’s illegal behavior ― even in the extreme hypothetical case of Trump having shot former FBI Director James Comey to end the Russia investigation rather than just firing him.

“If he shot James Comey, he’d be impeached the next day,” Giuliani said. “Impeach him, and then you can do whatever you want to do to him.”

Norm Eisen, the White House ethics lawyer under President Barack Obama and now a senior fellow at the Brookings Institution, said the silliness of Giuliani’s claim illustrates how mistaken Trump’s lawyers are about presidential power.

“A president could not be prosecuted for murder? Really?” he said. “It is one of many absurd positions that follow from their argument. It is self-evidently wrong.”

Eisen and other legal scholars have concluded that the constitution offers no blanket protection for a president from criminal prosecution. “The foundation of America is that no person is above the law,” he said. “A president can under extreme circumstances be indicted, but we’re facing extreme circumstances.”

Giuliani’s comments came a day after The New York Times revealed that Trump’s lawyers in January made their case to special counsel Robert Mueller that Trump could not possibly have obstructed justice because he has the ability to shut down any investigation at any time.

“He could, if he wished, terminate the inquiry, or even exercise his power to pardon if he so desired,” Jay Sekulow and John Dowd wrote in a 20-page letter. Dowd has since left Trump’s legal team, replaced by Giuliani.

The letter also admits that Trump “dictated” a statement that was then released by his son, Donald Trump Jr., regarding a meeting held at Trump Tower in June 2016 between top Trump campaign officials and Russians with links to that country’s spy agencies.

That meeting was scheduled after the Russians said they had damaging information about Democratic presidential nominee Hillary Clinton that would be of use to the Trump campaign. The Trump-dictated statement falsely claimed the meeting was primarily about the adoption of Russian children by American families ― the same topic that Trump claimed had been the substance of a conversation he had had with Russian leader Vladimir Putin the previous evening in Germany.

The U.S. intelligence community concluded during the 2016 campaign that not only was Russia interfering in the U.S. election, but was actively trying to help Trump win.

Both Sekulow and White House press secretary Sarah Sanders claimed, falsely, that Trump had not dictated the statement, but had merely offered his son suggestions. Sanders on Sunday referred questions about the matter to Trump’s outside legal team.

Giuliani said Sekulow was misinformed about the Trump Tower meeting, which in any case was not that significant. “In this investigation, the crimes are really silly,” he said, arguing that the firing of Comey last year could not be construed as obstruction of justice because Trump had the right to fire him at any time and for any reason. “This is pure harassment, engineered by the Democrats.”

Comey had been leading the FBI probe into possible collusion between the Trump campaign and Russian intelligence until his dismissal, which led to the appointment of Mueller to take it over. Within two days of the firing, Trump told both NBC News and Russian officials visiting him in the Oval Office that he had done it because of the investigation.

Eisen said Giuliani’s assertion, taken to its logical conclusion, would mean that a mob boss under investigation by the FBI could give Trump a bribe to fire the FBI director, Trump could explain on television that he had done so “because of this Mafia thing,” and then not face criminal charges.

“Well, of course it would be appropriate to initiate a prosecution,” he said. “I think the legally correct answer is, as usual, the opposite of Giuliani’s answer.”

Giuliani, once the mayor of New York City and prior to that the U.S. attorney there, took charge of Trump’s outside legal team in April, saying then that he planned to wrap the whole thing up within a few weeks. Now he said he is not sure when it will end because Mueller is taking too long and not turning over material to Giuliani ― such as a report of what was learned from an FBI informant who made contact with several members of the Trump campaign with links to Russia.

Giuliani said he has so far met with Trump about 10 times and spoken to him on the phone another 40 or so times, totaling at least 75 hours of conversation. “I’m not billing by the hour, otherwise I could tell you exactly,” he joked about the case he has taken on for free.

Mueller’s investigation has so far resulted in the guilty pleas of five people, including three former Trump campaign staffers, and the indictment of 14 other people and three companies. That total includes 13 Russians, Trump’s former campaign chairman Paul Manafort, and the Internet Research Agency, a “troll farm” that was used to create and disseminate propaganda to help Trump win.

A related investigation by Giuliani’s former U.S. attorney’s office is examining the dealings of longtime Trump lawyer Michael Cohen. A former business partner has agreed to cooperate in that probe and plead to New York state charges.

[Huffington Post]

‘Stormtrooper tactics’: Trump compares his own Justice Dept. to Nazi assault troops

President Donald Trump on Sunday suggested that special counsel Robert Mueller’s investigation team was similar to Nazi “stormtroopers.”

In a tweet Sunday afternoon, Trump quoted Mark Penn, a former Democratic strategist.

“Why are there people from the Clinton Foundation on the Mueller Staff? Why is there an Independent Counsel? To go after people and their families for unrelated offenses…Constitution was set up to prevent this…Stormtrooper tactics almost,” the tweet quoting Penn said.

Trump added: “Disgrace!”

Trump attorney Rudy Giuliani also compared FBI agents to “stormtroopers” last month after they raided the office of former Trump attorney Michael Cohen.

“I know the New York FBI,” former FBI Director James Comey tweeted in response to Giuliani. “There are no ‘stormtroopers’ there; just a group of people devoted to the rule of law and the truth. Our country would be better off if our leaders tried to be like them, rather than comparing them to Nazis.”

[Raw Story]

Reality

Trump is referring to Jeannie Rhee, who did in-fact represent Hillary Clinton in a 2015 lawsuit that sought access to her private emails. She also represented the Clinton Foundation in a 2015 racketeering lawsuit, that was quickly thrown out for being frivolous and “did not allege any facts.”

What escapes Trump’s criticism is Rhee also has the experience and credentials to be a part of this investigation, having once served as the Deputy Assistant Attorney General under former Attorney General Eric Holder.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A Justice Department spokeswoman declined to comment.

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

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

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

[Chicago Tribune]

Reality

Read the letter here.

 

Trump Boasts Fox News’ Ratings, Trashes CNN on Twitter: ‘Fake News CNN is Dead!’

It’s no secret that President Trump plays favorites when it comes to his cable news watching.

In the cable news war, Fox News continues to dominate in ratings and has remained the #1 cable news network for 197 consecutive months. Meanwhile CNN saw a 25% decrease in viewership.

Real @FoxNews is doing great, Fake News CNN is dead!” Trump tweeted.

It is worth noting though that instead of attacking the “Failing” New York Times today, Trump seemed to have endorsed some of their reporting as of late. At least on Twitter

[Mediaite]

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