Category: Ignorance of Law

Trump still thinks the courts can prevent impeachment (they can’t)

About a month ago, Donald Trump tried to address the Mueller report by falsely claiming it “didn’t lay a glove on me.” The president quickly added, however, “If the partisan Dems ever tried to Impeach, I would first head to the U.S. Supreme Court.”

That didn’t make any sense, though the Republican doesn’t seem to realize that. Consider this exchange between the president and a reporter this morning during a brief Q&A on the White House South Lawn:

Q: Do you think they’re going to impeach you? Do you think they’re …

TRUMP: I don’t see how. They can, because they’re possibly allowed, although I can’t imagine the courts allowing it. I’ve never gotten into it. I never thought that would even be possible to be using that word. To me, it’s a dirty word, the word ‘impeach.’ It’s a dirty, filthy, disgusting word and it had nothing to do with me.

The president’s etymological feelings notwithstanding, if he thinks “the courts” can block a congressional impeachment process, Trump is likely to be disappointed.

Right off the bat, it’s worth noting that the president, among his many scandals, has been credibly accused of criminal obstruction of justice. Why he thinks federal judges might deem this insufficient grounds for presidential impeachment is unclear.

But even putting that aside, Trump’s assertions are a civics failure, too. As we discussed in April, Congress is responsible for initiating, overseeing, and executing the impeachment process. Lawmakers, and no one else, determine whether a president has committed impeachable acts.

It’s not up to the judiciary to allow or forbid the legislative branch from exercising its legal authority.

When Trump is in a jam, he looks for a fixer. Indeed, he’s spent much of his presidency assuming that everyone from his attorney general to his congressional allies to his White House counsel can simply make his problems go away for him. Now, evidently, he’s making similar assumptions about the courts.

I’m curious as to why. Is the amateur president simply confused again? Is there someone at the White House giving him strange advice? Did Trump hear something along these lines from conservative media?

Whatever the explanation, if Trump plans to sue to make sure impeachment doesn’t happen, he should probably start working on a Plan B.

[MSNBC]

Trump says campaign was ‘conclusively spied on,’ calls it ‘treason’

President Trump on Friday asserted that his 2016 campaign had been “conclusively spied on” by the Obama administration while calling the charge akin to “treason” and demanding jail time for those behind it.

In a tweet, the president said “nothing like this has ever happened” while calling for prison sentences.

“A really bad situation. TREASON means long jail sentences, and this was TREASON!” he continued.

The president’s tweet comes days after Attorney General William Barrannounced the appointment of a U.S. attorney to review the decisions that led to the establishment of an investigation into Trump’s campaign and Russian election interference.

The attorney general infuriated many Democrats on Capitol Hill earlier this year when he asserted that “spying” on the Trump campaign had occurred in 2016, while declining to take a position on its legality. His choice of language has earned rebukes from former members of the Justice Department including former FBI chief James Comey.

Barr told The Wall Street Journal and Fox News in interviews published Friday that he had received insufficient answers from Justice Department personnel about the reasons why an investigation had been launched into the Trump campaign in the first place.

“Government power was used to spy on American citizens,” Barr told the Journal on Friday. “I can’t imagine any world where we wouldn’t take a look and make sure that was done properly.”

“I’ve been trying to get answers to the questions and I’ve found that a lot of the answers have been inadequate and some of the explanations I’ve gotten don’t hang together, in a sense I have more questions today than when I first started,” Barr added in his interview with Fox.

“People have to find out what the government was doing during that period. If we’re worried about foreign influence, for the very same reason we should be worried about whether government officials abuse their power and put their thumb on the scale.”

[The Hill]

Trump: Discussing a Biden probe with Barr would be ‘appropriate’

President Donald Trump told POLITICO on Friday that it would be “appropriate” for him to speak to Attorney General Bill Barr about launching an investigation into his potential 2020 rival, Joe Biden, or his son, Hunter.

The question of whether Trump could pressure Barr to probe Biden is coming under scrutiny after Rudy Giuliani, the president’s personal attorney, said he would be traveling to Ukraine to urge the incoming government there to look at Hunter Biden’s involvement with a Ukrainian energy company that has reportedly been in prosecutors’ crosshairs. The efforts appear to be part of a broader campaign by Trump’s allies to damage the former Democratic vice president’s White House campaign and have raised questions about whether Trump’s team is trying to enlist a foreign government to aid the president’s re-election bid.

“Certainly it would be an appropriate thing to speak to him about, but I have not done that as of yet. … It could be a very big situation,” Trump said in a 15-minute telephone interview on Friday afternoon, which stemmed from POLITICO’s inquiries for a separate story.

Barr also drew attention during his recent congressional testimony when he demurred on a question about whether anybody in the White House had ever suggested that he launch an investigation.

President Donald Trump told POLITICO on Friday that it would be “appropriate” for him to speak to Attorney General Bill Barr about launching an investigation into his potential 2020 rival, Joe Biden, or his son, Hunter.

The question of whether Trump could pressure Barr to probe Biden is coming under scrutiny after Rudy Giuliani, the president’s personal attorney, said he would be traveling to Ukraine to urge the incoming government there to look at Hunter Biden’s involvement with a Ukrainian energy company that has reportedly been in prosecutors’ crosshairs. The efforts appear to be part of a broader campaign by Trump’s allies to damage the former Democratic vice president’s White House campaign and have raised questions about whether Trump’s team is trying to enlist a foreign government to aid the president’s re-election bid.

“Certainly it would be an appropriate thing to speak to him about, but I have not done that as of yet. … It could be a very big situation,” Trump said in a 15-minute telephone interview on Friday afternoon, which stemmed from POLITICO’s inquiries for a separate story.

Barr also drew attention during his recent congressional testimony when he demurred on a question about whether anybody in the White House had ever suggested that he launch an investigation.

“Because he’s a Democrat,” Trump said, the report had about “one-hundredth” the impact as it would have if he “were a Republican.”

That’s not for lack of effort by the president’s allies. As of Friday afternoon, Giuliani was about to travel to Ukraine in an effort to push the country’s president-elect to pursue the investigation into Hunter Biden’s involvement with the energy company, Burisma Holdings. He also wants Ukraine to probe whether the country’s officials were trying to help Hillary Clinton during the 2016 election by releasing forged documents tied to Paul Manafort.

Giuliani was planning to leave Sunday and return Wednesday, he told POLITICO in an interview Friday afternoon. During his trip, Giuliani was expecting to meet with Volodymyr Zelensky, a comedian who was elected president of Ukraine last month and who has reportedly said he’s looking to replace one of the prosecutors involved in the cases.

“I just want to tell him, ‘Don’t let these crooks talk you out of the investigation. There are real facts there they’ve got to investigate,’” Giuliani said. “A lot of this stuff is a lot easier for them to get. They do get nervous if they think the government is going to scuttle this investigation.”

But later Friday, Giuliani said he had canceled his trip, explaining his change of plans in a text message to POLITICO that the original offer for a meeting was a “set up” orchestrated by “several vocal critics” of Trump who are advising Ukraine’s new president-elect. “Only got name yesterday and told pres elect is in hands of avowed enemies of Pres Trump,” Giuliani wrote. “Useless meeting.”

Biden’s campaign did not immediately respond to a request for comment.

The president said Friday he didn’t know much about Giuliani’s planned trip but wanted to speak with him about it.

“I have not spoken to him at any great length, but I will,” Trump said in the interview. “I will speak to him about it before he leaves.”

The former New York mayor for weeks has been talking with reporters about the Biden-Ukraine connection, insisting it is a scandal.

“I don’t see how you get from here to the presidency without that being investigated,” Giuliani said earlier on Friday, swinging back at critics who say the president’s attorney is openly encouraging a foreign government to meddle in the American election.

“If I wanted to meddle in the election, I’d be talking about it a year from now,” Giuliani said. “I’d have kept it for myself and I’d have popped it right before the Democratic convention. That’d be fun.”

Trump’s critics have long feared that the president would pressure the Justice Department to investigate his political opponents.

During the 2016 campaign, Trump and his allies led chants of “Lock her up!” in reference to Clinton, though there has been no public follow-up on the Clinton investigation since the arrival of the Trump administration.

More recently, Barr has come under fire for his reply to Sen. Kamala Harris during a hearing last week where the attorney general did not explicitly answer the California Democrat’s questions about whether Trump or anyone else in the White House asked or suggested the DOJ launch an investigation.

“I’m trying to grapple with the world ‘suggest’,” Barr replied during the hearing. “I mean there have been discussions of, of matters out there that uh … they have not asked me open an investigation.”

Harris, who is running for president, followed up by asking if the White House had hinted at an investigation, and the attorney general replied, “I don’t know.”

Several former national security and law enforcement officials took issue later Friday with the president’s comment that he was within his right to approach Barr about a possible Biden investigation.

“Past Republican and Democratic administrations alike have recognized the critical importance of the wall of separation between the White House and DOJ when it comes to criminal investigations,” said Matt Axelrod, a former senior Obama Justice Department official. “This president’s belief that he can instruct the Attorney General to investigate his political rival is a wild break from past precedent and would represent a dangerous assault on the rule of law.”

Susan Hennessey, a former attorney at the National Security Agency wrote on Twitter after this story published that Trump’s comment was a “disturbing development people should pay attention to.”

[Politico]

Trump Twitter rages at ‘BAD DEMOCRAT Disaster Bill” that he claims will hurt farmers

President Donald Trump on Thursday urged Capitol Hill Republicans to vote against a bill proving disaster assistance.

The commander-in-chief referred to the legislation as a “BAD DEMOCRAT” bill, writing in all capital letters.

Trump claimed the bill would harm states, farmers, and border security.

“We want to do much better than this. All sides keep working and send a good bill for immediate signing,” Trump demanded.

[Raw Story]

Reality

The major sticking point for Trump is the additional funding Democrats included to help Puerto Rico rebuild after Hurricane Maria severely damaged the island and killed 3,000 people. It amounts to more than $3 billion, including $600 million for nutrition assistance.

Trump has pushed back against giving more money to Puerto Rico, incorrectly stating that the federal government has already allocated $91 billion to help Puerto Rico. It’s actually promised about half of that amount and spent only $11 billion.

Trump Calls for the Prosecution of John Kerry Under the Logan Act

President Donald Trump called for the prosecution of former Secretary of StateJohn Kerry for his negotiations with a foreign government, namely Iran. In particular, Trump said Kerry violated the Logan Act.

“What I would like to see with Iran, I would like to see them call me. John Kerry, he speaks to them a lot. John Kerry tells them not to call. That is a violation of the Logan Act. And frankly, he should be prosecuted on that,” he said. “But my people don’t want to do anything — only the Democrats do that kind of stuff. You know? If it were the opposite way, they would prosecute him under the Logan Act. But John Kerry violated the Logan Act.”

“He’s talking to Iran and has been, has many meetings and tells them what to do,” Trump added. “That is a total violation of the Logan act.”

The Logan Act came up before in the context of fired National Security Adviser Michael Flynn. At the time, it was noted that the Logan Act is a 1799 law that is “rarely enforced” and has “never been used to successfully prosecute any American citizen.”

Here’s what 18 U.S.C. §953, the Logan Act, says:

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

Only two people have ever been indicted for a Logan Act violation, and neither of them were convicted.

[Law and Crime]

Reality

In September Marco Rubio sent a letter to the DOJ urging an investigation of the matter.

https://www.rubio.senate.gov/public/index.cfm?p=Press-Releases&id=2D9F248A-E57B-468D-8B76-99D0290EE080

Media

Trump Rage-Tweets Fox & Friends Segment About ‘Russian Involvement’: ‘TREASONOUS HOAX!’

A Fox & Friends segment in the 7 a.m. ET hour drew President Donald Trump‘s ire on Tuesday — one focused in on what Fox’s Ainsley Earhardt termed “this Russia involvement” in the 2016 election.

In a pair of tweets, the President — chiming in three-and-a-half hours after the original segment aired — quoted Earhardt and Brian Kilmeade…and then added his own editorial commentary.

“Everyone wants to know who needs to be held accountable for this,’ Earhardt said. “Because it took up two years of our lives, basically, talking about Russia involvement. It proved no collusion. And people want to trace it back to find out how this all happened — how the investigation happened — and how Carter Pageended up being surveilled.”

After the quote, Trump weighed in by writing, “TREASONOUS HOAX!”

The President took some liberties and paraphrased the subsequent comment from Brian Kilmeade.

“And why Christopher Steele was so determined to get this information out before the election,” Kilmeade said. “This British spy!”

Notably, Trump added: “(this fake dossier.”

[Mediaite]

Donald Trump: Investigations Against Me Were a ‘Coup’ to ‘Overthrow the United States Government’

Throughout his interview with Sean Hannity on Thursday night, President Donald Trump raved that Robert Mueller‘s probe and the investigations into him were nothing less than an attempted “coup” to depose his administration.

As Trump lashed out at his various political foes and spoke to Hannity about his 2016 opponent who has been vanquished for about 2.5 years now, he said the counterintelligence investigations into his campaign’s possible Russian collusion was a scandal “far bigger than Watergate.”

T”his was a coup. This was an attempted overthrow of the United States government,” Trump said. “This was an overthrow and it’s a disgraceful thing…I think it’s possibly the biggest scandal in political history in this country.”

Trump continued by referring to the FBI and intelligence figures who’ve spoken against him as “sick people.”

[Mediaite]

Donald Trump denies he tried to fire Mueller, disputing account from a former senior White House aide

President Donald Trump insisted Thursday that he did not try to fire Robert Mueller, disputing a central finding in the special counsel’s report that was based on extensive interviews with Trump’s former White House counsel, Don McGahn.

“As has been incorrectly reported by the Fake News Media, I never told then White House Counsel Don McGahn to fire Robert Mueller, even though I had the legal right to do so,” Trump tweeted. “If I wanted to fire Mueller, I didn’t need McGahn to do it, I could have done it myself.”

The special counsel spent nearly two years investigating whether anyone from Trump’s presidential campaign conspired with Russia to sway the 2016 election and whether the president sought to illegally obstruct justice.

Mueller’s 448-page report detailed multiple contacts between Russian operatives and Trump associates during the campaign but said investigators didn’t find evidence of a criminal conspiracy. The report documented actions by Trump to derail Mueller’s investigation. The special counsel did not conclude Trump obstructed justice, but it refused to clear him of wrongdoing.

McGahn told Mueller’s team that Trump ordered him to have the special counsel fired and later asked him to lie about the incident. McGahn spent hours speaking to investigators and supplied written notes.

Trump has repeatedly called the Mueller investigation a “witch hunt” and a “hoax.” He also claimed the report vindicated him.

In recent days, he has lashed out at House Democrats, who vowed to conduct their own fact finding and seek to have McGahn and other figures in the inquiry testify on Capitol Hill. Trump indicated he will try to block testimony by McGahn.

The Mueller report’s findings spurred calls by some House Democrats to move toward impeachment proceedings, though House Speaker Nancy Pelosi, D-Calif., urged her colleagues to focus first on carrying out an investigation.

The Mueller report details an incident June 17, 2017, that McGahn described to investigators.

Trump “called McGahn at home and directed him to call the Acting Attorney General and say that the Special Counsel had conflicts of interest and must be removed,” the report says. “McGahn did not carry out the direction, however, deciding that he would resign rather than trigger what he regarded as a potential Saturday Night Massacre.”

[USA Today]

Trump says he would challenge impeachment in Supreme Court

President Trump on Wednesday said that he would attempt to challenge impeachment in the Supreme Court if Democrats carried out such proceedings, though it’s unclear the high court would hear such a case.

“The Mueller Report, despite being written by Angry Democrats and Trump Haters, and with unlimited money behind it ($35,000,000), didn’t lay a glove on me. I DID NOTHING WRONG,” Trump tweeted.

“If the partisan Dems ever tried to Impeach, I would first head to the U.S. Supreme Court. Not only are there no ‘High Crimes and Misdemeanors,’ there are no Crimes by me at all,” he continued.

The president accused Democrats, Hillary Clinton and “dirty cops” of being guilty of criminal activity.

“We waited for Mueller and WON, so now the Dems look to Congress as last hope!” Trump concluded.

The House holds the power to carry out impeachment proceedings, while the Senate is responsible for whether to convict the individual in question. The chief justice of the Supreme Court, currently John Roberts, would preside over the Senate trial.

There is little precedent to support the idea of the Supreme Court weighing in on the merits of impeachment, as a sitting president has not previously challenged impeachment proceedings in the high court.

The Supreme Court ruled in the 1993 case of federal Judge Walter Nixon that whether the Senate properly conducted an impeachment trial was a political question, and therefore nonjusticiable.

Laurence Tribe, a constitutional law professor at Harvard University, rejected the possibility of Trump taking an impeachment to the Supreme Court.

“Not even a SCOTUS filled with Trump appointees would get in the way of the House or Senate, where [Chief Justice] Roberts would preside over Trump’s Impeachment Trial,” tweeted Tribe, an outspoken critic of the president.

The president has been fixated in recent days on pushing back against the specter of impeachment proceedings, while maintaining that he is “not even a little bit” concerned about the possibility of removal from office.

Democratic leaders have largely said they don’t yet support starting the impeachment process, but remained open to the possibility in the wake of special counsel Robert Mueller‘s full report.

In the partly redacted document, investigators did not establish that the Trump campaign colluded with the Russian government during the 2016 election, but did not exonerate Trump on the question of obstruction of justice. 

Investigators instead detailed 10 episodes they reviewed for potential obstruction by the president, with Mueller saying that Congress has the authority to conduct potential obstruction probes.

Talk of whether to carry out impeachment hearings has split Democrats, and discussions have intensified in the aftermath of Mueller’s report.

“I do believe that impeachment is one of the most divisive forces, paths that we could go down to in our country,” Speaker Nancy Pelosi (D-Calif.) said Tuesday. “But if the facts, the path of fact-finding takes us there, we have no choice. But we’re not there yet.”

House Democrats have launched a flurry of investigations into the president, seeking to review his finances, potential abuse of power and corruption within the administration.Trump later asserted in a pair of tweets that he had been cooperative with the Mueller investigation, and suggested Congress should focus on legislation instead of seeking additional information from the White House as part of its own probes. “Millions of pages of documents were given to the Mueller Angry Dems, plus I allowed everyone to testify, including W.H. counsel. I didn’t have to do this, but now they want more,” Trump tweeted. “Congress has no time to legislate, they only want to continue the Witch Hunt, which I have already won. They should start looking at The Criminals who are already very well known to all. This was a Rigged System – WE WILL DRAIN THE SWAMP!”

[The Hill]

Trump: ‘Unfair’ coverage should be tested in courts

President Trump early Sunday ripped “one sided” and “unfair” media coverage, saying it should be tested in courts.

“A REAL scandal is the one sided coverage, hour by hour, of networks like NBC & Democrat spin machines like Saturday Night Live,” he tweeted.

“It is all nothing less than unfair news coverage and Dem commercials. Should be tested in courts, can’t be legal? Only defame & belittle! Collusion?”

Trump posted the tweet after NBC’s “Saturday Night Live” pondered a world in which the president was not elected in its latest cold open.

The president also knocked the sketch comedy show after its season premiere earlier this year, saying it was “just a political ad for the Dems.”

Trump often labels negative coverage “fake news” and calls the media the “enemy of the people.”

In October, he blamed what he deemed unfair media coverage for causing “great anger” in the country.

The president said in a pair of tweets following a violent week of mail bombs and a shooting that killed 11 people at a Pittsburgh synagogue that the “Fake News Media” is “the true Enemy of the People.”

“There is great anger in our Country caused in part by inaccurate, and even fraudulent, reporting of the news. The Fake News Media, the true Enemy of the People, must stop the open & obvious hostility & report the news accurately & fairly,” Trump wrote.

“That will do much to put out the flame of Anger and Outrage and we will then be able to bring all sides together in Peace and Harmony,” he added.

Trump in September repeated his suggestion that NBC’s “license” should be challenged. In a tweet, he attacked the network’s “journalistic standards” following reports that it had passed on a damning exposé about Harvey Weinstein.

“NBC FAKE NEWS, which is under intense scrutiny over their killing the Harvey Weinstein story, is now fumbling around making excuses for their probably highly unethical conduct,” the president wrote.

“I have long criticized NBC and their journalistic standards-worse than even CNN. Look at their license?” he added.

Broadcasting licenses are granted to individual stations instead of networks like NBC,  however.

Federal Communications Commission Chairman Ajit Pai repeatedly said last year that the FCC would not revoke those licenses on the basis of a station’s content.

Satire is also protected by the First Amendment.

[The Hill]

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