Trump Deleting Tweets After Luther Strange’s Loss Raises Legal Questions

After the candidate whom President Trump backed in Tuesday’s Alabama Senate primary, Luther Strange, lost to Roy Moore, Trump summarily deleted several tweets he had made in support of Strange. However, they were archived on ProPublica’s Politiwhoops website.

Among them: “Luther Strange has been shooting up in the Alabama polls since my endorsement. Finish the job-vote today for “Big Luther”

And: “ALABAMA, get out and vote for Luther Strange-he has proven to me that he will never let you down!#MAGA”

It’s not clear why Trump (or someone on his behalf) acted to attempt to remove the evidence that he backed Strange. The president had been very vocal in his support for Strange, including holding a rally in Alabama on Sept. 22. And while on the Internet nothing is ever really deleted, Trump’s actions to remove the tweets from his feed have raised some legal questions.

In June, two government watchdog groups, the National Security Archive and Citizens for Responsibility and Ethics in Washington, brought a lawsuit against the Trump administration in part for deleting other tweets, arguing it was in violation of the Presidential Records Act.

According to the website of the National Archives, which administers the act, it places “the responsibility for the custody and management of incumbent Presidential records with the President.”

At the time the lawsuit was filed, CREW Executive Director Noah Bookbinder said that “by deleting these records, the White House is destroying essential historical records.”

But the Alabama Senate tweets may be another matter. In an email, CREW Communications Director Jordan Libowitz said Trump can delete “purely political tweets,” which he said are not covered by the Presidential Records Act.

However, Libowitz said Trump has been deleting a lot of tweets, and that “particularly as the government has acknowledged @realdonaldtrump tweets to be official statements, deleting those tweets which are not purely political would violate the [Presidential Records Act] if the tweets are not archived.”

Lauren Harper of the nonprofit National Security Archive, which advocates for public access to government information, said Trump is the head of the Republican Party because of his position as president, and so there is not much differentiation between his role as party leader and as president in the instance of deleting his tweets about Strange.

Noting reports that at least six current or former White House officials used private email accounts for government business, Harper says the deletion of the Strange tweets “is part of a larger pattern” of the Trump administration’s not taking record keeping seriously.

Following the email reports, press secretary Sarah Huckabee Sanders said on Tuesday, “All White House personnel have been instructed to use official email to conduct all government-related work.”

Many of the tweets Trump has deleted are to correct typos. The night of the Alabama race, for example, Trump congratulated Moore and initially told him to “WIN in Nov.” A new tweet later corrected that to “in Dec,” when Alabama will hold its general election.

There was also the “covfefe” kerfuffle in May, when Trump tweeted the mysterious nonword, which was retweeted more than 100,000 times before being deleted. In June, Rep. Mike Quigley, D-Ill., introduced the “COVFEFE Act of 2017” to officially make social media part of the Presidential Records Act.

[NPR]

Trump buried in mockery for false claim he ‘has the votes’ to repeal Obamacare: ‘News to everyone in the Senate’

During his Indianapolis speech touting tax reform, President Donald Trump claimed the GOP “has the votes” to pass the party’s unpopular Obamacare repeal and replace bill — despite it being pulled from a Senate floor vote and effectively killed the day prior.

Naturally, Twitter took Trump to task for this week’s latest false claim.

“This would be news to literally everyone in the Senate,” Reuters’ Pete Schroeder tweeted.

“Fact check: No, he doesn’t,” CNN’s Jim Acosta responded.

His bold claim during his tax reform speech was not the first time Trump claimed the GOP had votes that didn’t exist that day. Earlier, he said they had the votes, but could not pass it because “there’s an ailing senator in the hospital” — another false claim.

[Raw Story]

 

Trump Keeps Lying Graham-Cassidy Failed Because a Senator’s in the Hospital

Appearing on Fox & Friends this morning, Donald Trump explained that Republicans “have the votes” to pass the Graham-Cassidy health care bill but the legislation nonetheless can’t pass because a crucial senator is in the hospital.

In reality, there is no hospitalized senator. But Trump has constructed for himself an alternative version of reality in which not only is there a hospitalized senator but the budget reconciliation instructions which expire tomorrow somehow return early next year, meaning that when the fake senator’s hospitalization ends they’ll be able to come back and pass the bill.

Fox & Friends host Pete Hegseth, remarkably, did not press Trump on this extraordinary claim.

But Trump keeps saying it. The “hospitalized senator” theory first appeared on his Twitter account Wednesday morning.

Then during his tax reform comments later that day he made a modified version of the claim, saying the issue was that “we have a wonderful senator, great, great senator, who is a yes vote, but he’s home recovering from a pretty tough situation.”

This appears to be a reference to Sen. Thad Cochran who, though not hospitalized, is at home recuperating from some kind of urological issue.

However, Trump appears to have cause and effect reversed here. According to Cochran’s staff, he is resting in Mississippi because there are no crucial senate votes rather than the senate not holding votes because Cochran is in Mississippi. No less an authority than Bill Cassidy stated flatly on Tuesday that “we don’t have the votes” with John McCain, Susan Collins, Lisa Murkowski, and Rand Paul all publicly opposed. Indeed, the real question regarding the whip count seems to be whether or not the bill really has the unanimous support of all the other senators, or if a handful of private opponents are simply laying low and letting those four take the heat.

Either way, the situation poses the obvious question of why Trump is saying this.

Is he trying to mislead his supporters? Is someone on his staff trying to mislead him? Has he become confused and nobody on his staff wants to correct him?

[Vox]

Media

http://video.foxnews.com/v/5591727368001/

Interior Secretary: One-third of employees ‘not loyal to the flag’

Interior Secretary Ryan Zinke reportedly said Monday that nearly a third of his department’s employees are not “loyal to the flag” or President Trump.

“I got 30 percent of the crew that’s not loyal to the flag,” Zinke told the National Petroleum Council during a speech, according to The Associated Press.

“We do have good people” Zinke added. “But the direction has to be clear and you’ve got to hold people accountable.”

Trump and some of his allies have complained of an entrenched federal bureaucracy that they say has worked to stop — or at least slow — the president’s agenda.

The Interior secretary’s comments about the American flag came amid a feud between Trump and the NFL over the president’s criticism of players who kneel in protest during the national anthem.

Trump sparked the controversy during a campaign rally in Alabama last Friday, saying that professional athletes who protest during the anthem should be fired.

Many NFL teams responded by asserting players’ right to free speech, and many players kneeled during the anthem during Sunday’s games. Some teams, like the Seattle Seahawks and Pittsburgh Steelers, refused to appear on the field for the anthem altogether.

Some critics have claimed that the president’s comments are racially motivated.

But Trump has stood by his criticism and sought to cast his rhetoric only as a defense of the U.S. and its flag.

“The issue of kneeling has nothing to do with race,” he tweeted Monday. “It is about respect for our Country, Flag and National Anthem. NFL must respect this!”

[The Hill]

Reality

This should be very troubling that a government department head who oversees tens of thousands of non-partisan positions claims that there will be a loyalty test, and people will lose their job if they do not swear loyalty to Donald Trump.

This is third-world authoritarian stuff.

Donald Trump calls for NFL to create rule mandating players stand for national anthem

An NFL spokesperson declined to address President Donald Trump’s latest tweet on Tuesday, which called for the league to create a rule that mandates players stand for the national anthem.

“I am little behind on his tweets,” NFL spokesperson Joe Lockhart told reporters on Tuesday. “I may catch up by the end of the day.”

Around 9 a.m. ET, Trump tweeted: “The NFL has all sorts of rules and regulations. The only way out for them is to set a rule that you can’t kneel during our National Anthem!”

Earlier on Tuesday morning, Trump was tweeting about the Cowboys’ protest on Monday night, as well as NFL ratings. The Cowboys and owner Jerry Jones took a knee before the national anthem played for a Monday Night Football matchup against the Cardinals in Arizona.

The Cowboys’ gesture took place after a Sunday of protests throughout the NFL.

Asked again about Trump calling for a rule change, Lockhart — on a conference call where he highlighted the NFL’s “Unity” message in response to the protests — didn’t engage.

“I guess I’d say he’s exercising his freedom to speak, and I’m exercising my freedom not to react,” Lockhart said.

[USA Today]

Reality

If you want to live in a country where patriotism is compulsory, to borrow a term from the right, then you should find another country. North Korea may be of your liking.

Here in America we value freedom of speech and each individuals ability to criticize their government. Trump did it for eight years as he lead the racist “birther” movement.

The 1943 Supreme Court decision in “West Virginia State Board of Education v. Barnette” found mandatory flag rituals to violate the constitutional requirements of democratic self-government.

“If there is any fixed star in our constitutional constellation,” ruled the Court, “it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.”

US Sees ‘No Indication’ Iran Launched a Ballistic Missile, Despite Trump Tweet

US intelligence radars and sensors “picked up no indication” of an Iranian ballistic missile launch in the days surrounding a reported test, according to a Trump administration official familiar with the latest US assessment.

Iranian reports that the nation tested a new ballistic missile so far does not appear to be true, the official said, adding: “As far as we can see, it did not happen.”
State-run broadcaster Press TV reported the launch on Saturday, according to footage broadcast on Iranian state television.

“Iran has released footage of the successful test-launch of its new ballistic missile, Khorramshahr, a few hours after it was unveiled during a military parade in the capital city of Tehran,” Press TV said.

But the telemetry, or electronic signals, of a ballistic missile launch would have been picked up by a variety of US assets in the region who keep an around the clock eye on Iran’s weapons activities, the official said.

President Donald Trump tweeted about the apparent launch on Saturday: “Iran just test fired a ballistic missile capable of reaching Israel. They are also working with North Korea. Not much of an agreement we have!”

The footage shown on Iranian television appears most likely to be a re-run of a previous test launch, the official said.

The official did not know if Trump received an intelligence briefing about the launch before sending the tweet.

Fox News was the first to report that the US believes the launch did not take place.

[CNN]

Kushner Used Private Email For White House Work

President Trump’s son-in-law and adviser Jared Kushner has used a private email account to communicate with other officials in the administration about White House business, according to Politico. 

Kushner has used the email to talk about various topics — including media planning and event coverage — with figures such as former White House chief of staff Reince Priebus, former chief strategist Stephen Bannon and President Trump’s chief economic adviser Gary Cohn.

Kushner set up the account during the transition period after he campaigned for Trump, who frequently attacked former Democratic presidential nominee Hillary Clinton for her user of a private email server while she was secretary of State.

“Mr. Kushner uses his White House email address to conduct White House business,” Kushner’s lawyer Abbe Lowell told Politico in a statement.

“Fewer than 100 emails from January through August were either sent to or returned by Mr. Kushner to colleagues in the White House from his personal email account. These usually forwarded news articles or political commentary and most often occurred when someone initiated the exchange by sending an email to his personal rather than his White House address.”

The report comes as special counsel Robert Mueller continues to probe alleged ties between the Trump campaign and Russian interference in the presidential campaign.

Kushner has been seen as a person of interest by Mueller.

The Washington Post reported in May that Kushner and the Russian ambassador to the U.S. had discussed setting up a secret communications channel between Trump’s transition team and the Kremlin.

It was reported in June that Kushner was present at a Trump Tower meeting in the summer of 2016 with a Russian lawyer that was organized by Donald Trump Jr. after he was told the lawyer could provide damaging information on Clinton.

[The Hill]

Trump Retweets Message Calling For NFL Boycott

President Trump on Sunday retweeted a message calling for a boycott of the NFL after players from teams across the league knelt during the national anthem.

“You can boycott our anthem WE CAN BOYCOTT YOU!” the message read, featuring an image of the NFL logo with the word “boycott” across it.

“Courageous Patriots have fought and died for our great American Flag — we MUST honor and respect it! MAKE AMERICA GREAT AGAIN!” Trump tweeted afterward.

Trump also retweeted a message from the woman behind the boycott message, Donna Warren, featuring an image of an amputee military veteran.

“I wonder what this BRAVE American would give to stand on his OWN two legs just ONCE MORE for our #Anthem?” the tweet read.

Trump has been facing major backlash after he said NFL owners should fire players who kneel during the national anthem.

He said owners should “get that son of a bitch off the field right now” at a campaign rally Friday and also said people should walk out of football games if they see players kneeling.

Football players across the league chose to kneel during the national anthem at games Sunday, while others locked arms in support.

Trump tweeted earlier Sunday that “standing with locked arms is good, kneeling is not acceptable.”

[The Hill]

 

Trump After ‘Lock Her Up’ Chant: Talk to Jeff Sessions

 

President Donald Trump told an Alabama crowd Friday night that if “Crooked Hillary” Clinton had won the 2016 election, “you would not have a Second Amendment.”

“You’d be handing in your rifles,” Trump said. “You’d be turning over your rifles.”

The comment was met by chants of “lock her up,” reminiscent of his own campaign rallies during the 2016 presidential rally.

“You’ve got to speak to Jeff Sessions about that,” Trump replied, referencing his US attorney general.

Though Trump had threatened to pursue charges against Clinton before the election, after the election he signaled he would not.

Trump told The Wall Street Journal on November 11 that “it’s not something I’ve given a lot of thought, because I want to solve health care, jobs, border control, tax reform.”

He excited rally-goers with mention of the Second Amendment when campaigning for Republican Sen. Luther Strange ahead of Alabama’s runoff election next week.

Trump is in Huntsville, Alabama, campaigning for Strange who is up against Roy Moore in Tuesday’ Republican primary runoff.

Trump spent much of his speech applauding his administration’s work — including its strong support of the Second Amendment.

“We’ve got a lot of things done — they hate to admit it — including, we have a Supreme Court Justice, Judge Gorsuch, who will save, how about a thing called your Second Amendment? Right? OK, remember that?” Trump said.

[CNN]

Media

https://www.youtube.com/watch?v=jF0alSSQrY4

Trump Hires Campaign Workers Instead of Farm Experts at USDA

President Donald Trump’s appointees to jobs at Agriculture Department headquarters include a long-haul truck driver, a country club cabana attendant and the owner of a scented-candle company.

A POLITICO review of dozens of résumés from political appointees to USDA shows the agency has been stocked with Trump campaign staff and volunteers who in many cases demonstrated little to no experience with federal policy, let alone deep roots in agriculture. But of the 42 résumés POLITICO reviewed, 22 cited Trump campaign experience. And based on their résumés, some of those appointees appear to lack credentials, such as a college degree, required to qualify for higher government salaries.

It’s typical for presidents to reward loyalists with jobs once a campaign is over. But what’s different under Trump, sources familiar with the department’s inner workings say, is the number of campaign staffers who have gotten positions and the jobs and salaries they have been hired for, despite not having solid agricultural credentials in certain cases. An inexperienced staff can lead to mistakes and sidetrack a president’s agenda, the sources say.

“There is a clear prioritization of one attribute, and that is loyalty,” said Austin Evers, American Oversight’s executive director, who provided the documents after his organization received them in response to a Freedom of Information Act request. He said the group sought résumés for Trump administration political appointees from across the federal government and found an abundance of former campaign workers in positions that did not appear to match their qualifications. “The theme that emerges is pretty clear: What do you have to do to get an administration job? Work on the campaign,” he added.

USDA in a statement defended the hires: “All of the appointees have skills that are applicable to the roles they fill at USDA.”

The truck driver, Nick Brusky, was hired this year at USDA’s Foreign Agricultural Service — an agency tasked with developing overseas markets for U.S. agricultural trade goods — at one of the highest levels on the federal government’s pay scale, a GS-12, earning $79,720 annually. Though that pay grade requires a master’s degree or equivalent experience, it’s not clear from Brusky’s résumé whether he’s a college graduate. The document lists coursework in business management and political science at three universities from 2000 to 2013, but does not specify a graduation date.

Brusky served as a field representative for Trump’s campaign in the battleground state of Ohio, beginning in November 2016, while driving for a trucking company in Hilliard, where he also was a county commissioner. Brusky’s résumé shows he has no experience in cultivating international markets for trade goods, though he notes he has experience “hauling and shipping agricultural commodities.” It says he was twice elected to local office and was a legislative aide to an Ohio state representative from January 2009 until June 2012.

Another example: Christopher O’Hagan, an appointee as a confidential assistant at the Agricultural Marketing Service, which helps producers of food, fiber and specialty crop growers market their goods. O’Hagan graduated in 2016 from the University of Scranton with a major in history and a minor in economics. But his résumé lists only one example of work experience prior to joining the Trump campaign in January 2016 — employment as a cabana attendant at the Westchester Country Club in Rye, New York, while in school.

Similarly, Trump campaign alum Tim Page, a 2016 graduate of Appalachian State University, is now at the Natural Resources Conservation Service, an agency that helps farmers, ranchers and forest managers employ conservation practices. Page’s résumé indicates that he owns Cutting Edge LLC, a landscaping service in Connelly Springs, North Carolina.

“Much in the same way previous administrations have done, the USDA worked with the Presidential Personnel Office to place Schedule C appointees where they could be most helpful to the mission of the department,” the department said in an email to POLITICO. “All of the appointees have skills that are applicable to the roles they fill at USDA.“

O’Hagan, Page and Brusky did not respond to emails requesting comment and the USDA declined to make them available for this story.

Brusky, O’Hagan and Page are three of 10 confidential assistants whose résumés were among those obtained by American Oversight, along with the résumés of some career staff who are acting in leadership roles. All but one of the 10 touted their work to get the president elected, and most do not have agricultural experience. All of the appointees with this title are ranked as GS-11, GS-12 or GS-13, positions with annual salaries ranging from $60,210 to $85,816 at Step 1 of each grade. Two of the 10 didn’t list college degrees on their résumés, despite guidelines that call for anyone at GS-7 or higher to have completed a four-year degree.

Further, none of the confidential assistants indicated they had earned a master’s. Employees at the GS-9 level or higher are required by Office of Personnel Management guidelines to have obtained that level of education or equivalent experience.

The USDA said duties of a confidential assistant include “conducting research; preparing documents for special projects; overseeing correspondence control … receiving a wide variety of telephone inquiries from executives within and outside the USDA and from other agencies.”

O’Hagan and Page were hired at the GS-12 level and assigned to the secretary’s office, with a salary of $79,720. They were then transferred to their current roles, both of which are at the GS- 11 level and come with an annual salary of $66,510. Four other political appointees had their salaries reduced after they started.

“By the time these people are serving in confidential assistant roles, they are sitting on a very thin layer in government bureaucracy,” a former USDA official who arrived at the department at the beginning of the Obama administration, noting that the confidential assistant positions can be involved with technical decisions on policy matters. “If you just have someone with no higher education and no experience and no background in policymaking as the arbiter on these questions, that’s pretty unusual.”

Also in the ranks of USDA political appointees are the scented-candle company owner; a clerk at AT&T; a Republican National Committee intern; a part-time executive assistant and rental property manager; and a former Washington state senator who mentioned on his résumé that he was the first elected official in his state to back Trump’s candidacy.

The list of 42 appointees also includes seven special assistants, who command higher salaries than confidential assistants and generally have experience in policy and government. All of the special assistants are either GS-14 or GS-15, which start at $101,402 and 119,285, respectively. Three of the seven special assistants mentioned work on the campaign on their résumés.

In the early days of the Obama USDA, more experienced people coming off the campaign were given posts as confidential assistants, the former USDA official explained. They were tasked with assisting Senate-confirmed officials, taking notes during meetings and coordinating efforts with career staff.

Special assistants, by contrast, performed jobs for officials who did not require Senate confirmation, such as chiefs of staff, administrators and other leadership posts. There were some young staffers with ties to the campaign trail, sources conceded. The Obama team also pulled heavily from Capitol Hill staff to fill key roles, but only a handful of the appointees at USDA as of late last month have made a similar jump.

For the most part, the administration’s selections for leadership positions at USDA have been well received by industry and Capitol Hill. Agriculture Secretary Sonny Perdue, a two-term governor of Georgia who also is a veterinarian and ran a host of agriculture-related businesses, got the endorsement of former Agriculture Secretary Tom Vilsack, the only Trump Cabinet official to be backed by his predecessor.

Perdue also has brought on board about a half-dozen policy advisers and high-level political staff who have backgrounds at influential agricultural policy groups or as staffers on relevant congressional committees or who served under Perdue during his time as Georgia governor. None of these hires listed campaign experience among their qualifications.

Meanwhile, even with the campaign loyalists who are now on the USDA staff, the administration is still behind schedule in hiring for the agency’s more than 200 political positions that span from Washington, D.C., to rural communities across all 50 states.

The combination of a thin political staff and a lack of appropriate expertise among the appointees could spell trouble for Perdue as he pushes forward with his reorganization plan and other policy objectives, said a former USDA official who arrived at the department at the beginning of the Obama administration.

“If you don’t have talented people, experienced people, people who know how policymaking works, there are a number of ways you can get your agenda sidetracked,” said the former staffer, who was granted anonymity to discuss staffing freely. Policymaking is filled with landmines — from congressional oversight to complicated rules related to acceptance of gifts, the source noted, adding: “What you can get is both the failure to take advantage of opportunities … and mistakes that will eat up time and energy.”

[Politico]

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