Category: Ignorance of Law

Trump Just Blurted Out, Unprompted, That He Installed His Pet Attorney General Over the Russia Probe

Wednesday, we explored the career timeline of Matthew Whitaker, the man whom Donald Trump, American president, appointed acting attorney general after firing Jeff Sessions the day after the midterms. Trump passed over multiple Senate-confirmed officials in the actual line of succession to pick Whitaker, who’d become Sessions’s chief of staff close to a year earlier after repeatedly going on CNN to defend Trump against the Russia probe with the expressed intent of getting the president’s attention and a job. Even some conservative legal commentators have suggested his appointment was unconstitutional, and the state of Maryland is suing to that effect.

This was about as blatant a move to obstruct the investigation as the president could have made. Whitaker is an obvious Trump loyalist and longtime Republican operative who time after time attacked the special counsel’s investigation, including by promoting a story suggesting Robert Mueller’s team was a “lynch mob.”Whitaker has close ties to Sam Clovis, a grand-jury witness in the probe who advised him to start going on CNN to catch Trump’s eye.

After he got the job as Sessions’s chief of staff, Whitaker was described by Trump Chief of Staff John Kelly as the White House’s “eyes and ears” in the Justice Department—an assault on the department’s independence and the rule of law. And even well before all this, Whitaker allegedly politicized a federal investigationas a U.S. attorney in Iowa, participated in scams and grifts in his business dealings, and once flexed his background in federal law enforcement to run protection for a company—of which he was on the board—that the Federal Trade Commission fined $26 million and shuttered as a criminal enterprise.

Still, no matter how clear something is, it helps to hear it from the horse’s mouth. The President of the United States, who once said on national television he was considering “the Russia thing” when he fired FBI Director James Comey, was happy to oblige in a typically freewheeling interview with The Daily Caller. As first flagged by journalist Brian Beutler, Trump seized on a softball question to spill the beans on Whitaker’s appointment.

THE DAILY CALLER: Sure. Could you tell us where your thinking is currently on the attorney general position? I know you’re happy with Matthew Whitaker, do you have any names? Chris Christie —

POTUS: Matthew Whitaker is a very respected man. He’s — and he’s, very importantly, he’s respected within DOJ. I heard he got a very good decision, I haven’t seen it. Kellyanne, did I hear that?

WHITE HOUSE ADVISER KELLYANNE CONWAY: 20 pages.

POTUS: A 20 page?

THE DAILY CALLER: It just came out right before this, sir.

POTUS: Well, I heard it was a very strong opinion. Uh, which is good. But [Whitaker] is just somebody who’s very respected.

I knew him only as he pertained, you know, as he was with Jeff Sessions. And, um, you know, look, as far as I’m concerned this is an investigation that should have never been brought. It should have never been had.

It’s something that should have never been brought. It’s an illegal investigation. And you know, it’s very interesting because when you talk about not Senate confirmed, well, Mueller’s not Senate confirmed.

THE DAILY CALLER: Right.

Right.

The president just admitted, unprompted, that he fired the head of the Justice Department and installed a loyalist over a Justice Department investigation into him and his associates. This is obstruction. This is corrupt. This is an untenable assault on the rule of law in a democratic republic. And the Republican majorities in Congress—to say nothing of his base—will happily let him get away with it.

Oh, and by the way: Trump’s claim he only knows Whitaker through Sessions is a blatant lie. And not just because Trump’s chief of staff said Whitaker was their “eyes and ears.” Here’s Trump on October 11, 2018—a month ago:

“I can tell you Matt Whitaker’s a great guy,” President Trump said in a Fox News interview. “I know Matt Whitaker.”

This is not the first time he’s lied about knowing Whitaker since appointing him to, incredibly obviously, interfere in the Mueller investigation.

All that said, there is a beautiful symmetry here. The rear-end of Donald Trump, a lifetime grifter who’s just trying to lie his way to the end of each day while his brain is steadily melted by television, may ultimately be protected by a ‘roided-out Mr. Clean who came to him through the teevee—and who once threatened peopleon behalf of a company peddling Big Dick Toilets. America the Beautiful.

[Esquire]

Trump Baselessly Continues Florida Voter Fraud Claims: ‘Honest Vote Count No Longer Possible’

President Donald Trump declared that “an honest vote count is no longer” in the controversial Florida midterm elections for the state’s governor and U.S. Senate positions, claiming without evidence that many of the ballots are “missing or forged.”

The two races, Florida Governor Rick Scott Scott versus Democratic Senator Bill Nelson for the Senate seat and former Rep. Ron DeSantis verses Tallahassee Mayor Andrew Gillum for governor, appeared to be going for Republicans on election night. As more ballots were counted in Democratic-leaning areas, like Broward County and Palm Beach, additional votes started going to Democrats, which narrowed the GOP’s lead and triggered a recount.

“The Florida Election should be called in favor of Rick Scott and Ron DeSantis in that large numbers of new ballots showed up out of nowhere, and many ballots are missing or forged,” Trump tweeted on Monday morning. “An honest vote count is no longer possible-ballots massively infected. Must go with Election Night!”

The president did not include any evidence to back up his claims of voter fraud.

Florida does offer military and overseas voters “a 10-day extension exists for overseas voters” extension for their ballots to be counted, which is what the president may be talking about in his line about “new ballots” showing up “out of nowhere.”

“The overseas voter’s vote-by-mail ballot must be postmarked or dated by Election Day and received within 10 days of the election in order to be counted, provided the ballot is otherwise proper,” states Florida’s election information site. “This 10-day extension only applies in presidential preference primary elections, general elections, and special elections and special primary elections (by operation of section 100.191, F.S.)”

Florida officials have also noted that they have not seen any evidence of voter fraud taking place.

[Mediaite]

Trump Trashes Kellyanne Conway’s Husband: ‘He’s Just Trying to Get Publicity For Himself’

During his Friday pool spread with the White House press corps, President Trump took shots at Kellyanne Conway‘s husband for saying it was “unconstitutional” of him to appoint Matt Whitaker as acting attorney general.

George Conway co-wrote a New York Times piece on Thursday which not only argued that Whitaker’s appointment was “illegal,” but also that anything he tries to do in his new position is constitutionally “invalid.” When Trump was asked about this, the president directed the question to Conway’s wife while writing him off as a publicity-seeker.

“He’s just trying to get publicity for himself,” Trump said. “Why don’t you do this, why don’t you ask Kellyanne that question, all right? She might know him better than me. I really don’t know the guy.”

Fun fact: reporters have tried asking Mrs. Conway about her husband’s regular criticisms of Trump, to which she reacted with deep displeasure.

[Mediaite]

Trump Baselessly Alleges Florida Election Fraud in Wild Rant: ‘You Notice the Votes Never Go the Other Way…’

During a White House pool spray on Friday morning, President Donald Trump went off on a wild rant baselessly floating the idea of foul play in the narrow elections in Florida for Senate and Governor — which soon spun off into a rant about corruption at large.

Speaking with reporters before departing for Paris, Trump baselessly claimed that votes tend to go for Democrats in contested elections.

“You notice the votes never go the other way?” Trump said. “They hire lawyers, and the votes don’t ever seem to go the Republican way…I don’t know. You tell me. It’s always the Democrats.”

Those comments led to the rant about “crooked stuff.”

“It’s always GPS Fusion,” the president said. “It’s always crooked stuff. Look at what happened. How many FBI are gone, how many Justice Department people are gone that I found out?…There’s a lot of bad stuff going on in this country, and we’re finding out. And I’m getting to the bottom of it. And I’ve done a hell of a job.”

[Mediaite]

President Trump signs order denying asylum to illegal border crossers

President Donald Trump on Friday invoked extraordinary national security powers to deny asylum to migrants who enter the country illegally, tightening the border as caravans of Central Americans slowly approach the United States.

Trump is using the same powers he used to push through a version of the travel ban that was upheld by the Supreme Court. The proclamation puts into place regulations adopted Thursday that circumvent laws stating that anyone is eligible for asylum no matter how he or she enters the country.

“We need people in our country but they have to come in legally and they have to have merit,” Trump said Friday as he prepared to depart for Paris.

The measures are meant to funnel asylum seekers through official border crossings for speedy rulings, officials said, instead of having them try to circumvent such crossings on the nearly 2,000-mile (3,200-kilometer) border. But the busy ports of entry already have long lines and waits, forcing immigration officials to tell some migrants to turn around and come back to make their claims.

The move was spurred in part by caravans of Central American migrants slowly moving north on foot but will apply to anyone caught crossing illegally, officials said Thursday. It’s unknown whether those in the caravan, many fleeing violence in their homeland, plan to cross illegally.

Administration officials said those denied asylum under the proclamation may be eligible for similar forms of protection if they fear returning to their countries, though they would be subject to a tougher threshold. Those forms of protection include “withholding of removal” — which is similar to asylum, but doesn’t allow for green cards or bringing families — or asylum under the United Nations Convention Against Torture.

The announcement was the latest push to enforce Trump’s hardline stance on immigration through regulatory changes and presidential orders, bypassing Congress. But those efforts have been largely thwarted by legal challenges and, in the case of family separations this year, stymied by a global outcry that prompted Trump to scrap them.

The new changes were likely to be met with legal challenges, too. Omar Jadwat, director of the American Civil Liberties Union’s Immigrants’ Rights Project, said Thursday they were clearly illegal.

“U.S. law specifically allows individuals to apply for asylum whether or not they are at a port of entry. It is illegal to circumvent that by agency or presidential decree,” he said.

Curbing immigration has been a signature issue for Trump, who pushed it hard in the days leading up to Tuesday’s midterm elections, railing against the caravans that are still hundreds of miles from the border.

He has made little mention of the issue since the election but has sent troops to the border in response. As of Thursday, there are more than 5,600 U.S. troops deployed to the border mission, with about 550 actually working on the border in Texas. The military is expected to have the vast majority of the more than 7,000 troops planned for the mission deployed by Monday, and that number could grow.

Trump also suggested he’d revoke the right to citizenship for babies born to non-U.S. citizens on American soil and erect massive “tent

The administration has long said immigration officials are drowning in asylum cases partly because people falsely claim asylum and then live in the U.S. with work permits.

The asylum section of the Immigration and Nationality Act says a migrant is allowed to make a claim up to a year after arriving in the U.S., and it doesn’t matter how they arrive — illegally or through a border crossing.

Migrants who cross illegally are generally arrested and often seek asylum or some other form of protection. Claims have spiked in recent years, and there is a backlog of more than 800,000 cases pending in immigration court. Generally, only about 20 percent of applicants are approved.

Trump has long said those seeking asylum should come through legal ports of entry. But many migrants are unaware of that guidance, and official border crossings have grown clogged.

Officials have turned away asylum seekers at border crossings because of overcrowding, telling them to return later. Backlogs have become especially bad in recent months at crossings in California, Arizona and Texas, with some people waiting five weeks to try to claim asylum at San Diego’s main crossing.

In 2017, the U.S. fielded more than 330,000 asylum claims, nearly double the number two years earlier and surpassing Germany as highest in the world.

It’s unclear how many people en route to the U.S. will even make it to the border. About 4,800 migrants are sheltered in a sports complex in Mexico City, some 600 miles from the U.S. border. Several smaller groups were trailing hundreds of miles to the south; officials estimated about 7,000 in all were in the country in the caravans. The migrants are largely poor people and many say they’re fleeing violence; more than 1,700 were children under 18, and more than 300 were children under age 5.

Similar caravans have gathered regularly over the years and have generally dwindled by the time they reach the southern border. Most have passed largely unnoticed.

[Chicago Tribune]

Trump Blasts Macron For Proposing ‘European Army’ Upon Arrival in France: ‘Very Insulting!’

President Donald Trump ripped French President Emmanuel Macronon Friday upon his arrival in France, calling him out for proposing a European military.

“President Macron of France has just suggested that Europe build its own military in order to protect itself from the U.S., China and Russia,” Trump tweeted Friday.

Trump is set to meet with Macron Saturday morning at the Élysée Palace in Paris, per USA Today.

Macron proposed, in an interview earlier this week, a “real European army” to protect against “China, Russia and even the United States of America.”

“When I see President Trump announcing that he’s quitting a major disarmament treaty which was formed after the 1980s euro-missile crisis that hit Europe, who is the main victim? Europe and its security,” Macron said.

“We will not protect the Europeans unless we decide to have a true European army,” he continued. In response to threats from Russia, Macron argued: “We need a Europe which defends itself better alone, without just depending on the United States, in a more sovereign manner.”

[Mediaite]

Trump Preemptively Threatens Retaliatory Investigations Against Democrats

President Donald Trump will soon be on the receiving end of something he didn’t see much from a Republican-led Congress: orders, backed up by subpoenas, for officials to answer questions on controversial policies like the dispatch of thousands of troops to the U.S.-Mexico border.

“Two can play that game!” Trump wrote Wednesday on Twitter.

Now that Democrats have won control of the U.S. House of Representatives, they will be able to force administration officials to testify and provide documents. That will subject Trump’s decision-making — as well as his personal finances and potential conflicts of interest — to deeper public and private examination by key committees, as the national focus shifts to the 2020 presidential election.

[Time]

Trump Blasts Paul Ryan for Contradicting Him on Birthright Citizenship: ‘Something He Knows Nothing About’

President Donald Trump ripped into Paul Ryan on Wednesday over his comments on birthright citizenship, in a stunning rebuke of his own party’s House Speaker just a week before the midterm elections.

“Paul Ryan should be focusing on holding the Majority rather than giving his opinions on Birthright Citizenship, something he knows nothing about!” Trump tweeted. “Our new Republican Majority will work on this, Closing the Immigration Loopholes and Securing our Border!”

The Wisconsin Republican broke with Trump on Tuesday when he rejected the president’s expressed desire to end birthright citizenship through executive order.

Ryan said in a radio interview that Trump “cannot end birthright citizenship with an executive order.”

[Mediaite]

Trump targeting birthright citizenship with executive order

President Trump plans to sign an executive order that would remove the right to citizenship for babies of non-citizens and unauthorized immigrants born on U.S. soil, he said yesterday in an exclusive interview for “Axios on HBO,” a new four-part documentary news series debuting on HBO this Sunday at 6:30 p.m. ET/PT.

Why it matters: This would be the most dramatic move yet in Trump’s hardline immigration campaign, this time targeting “anchor babies” and “chain migration.” And it will set off another stand-off with the courts, as Trump’s power to do this through executive action is debatable to say the least.

Trump told “Axios on HBO” that he has run the idea of ending birthright citizenship by his counsel and plans to proceed with the highly controversial move, which certainly will face legal challenges.

  • “It was always told to me that you needed a constitutional amendment. Guess what? You don’t,” Trump said, declaring he can do it by executive order.
  • When told that’s very much in dispute, Trump replied: “You can definitely do it with an Act of Congress. But now they’re saying I can do it just with an executive order.”
  • “We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States … with all of those benefits,” Trump continued. “It’s ridiculous. It’s ridiculous. And it has to end.” (More than 30 countries, most in the Western Hemisphere, provide birthright citizenship.)
  • “It’s in the process. It’ll happen … with an executive order.”

The president expressed surprise that “Axios on HBO” knew about his secret plan: “I didn’t think anybody knew that but me. I thought I was the only one. “

  • Behind the scenes: “Axios on HBO” had been working for weeks on a story on Trump’s plans for birthright citizenship, based on conversations with several sources, including one close to the White House Counsel’s office.

The legal challenges would force the courts to decide on a constitutional debate over the 14th Amendment, which says:

  • “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Be smart: Few immigration and constitutional scholars believe it is within the president’s power to change birthright citizenship, former U.S. Citizenship and Immigration Services chief counsel Lynden Melmed tells Axios.

  • But some conservatives have argued that the 14th Amendment was only intended to provide citizenship to children born in the U.S. to lawful permanent residents — not to unauthorized immigrants or those on temporary visas.
  • John Eastman, a constitutional scholar and director of Chapman University’s Center for Constitutional Jurisprudence, told “Axios on HBO” that the Constitution has been misapplied over the past 40 or so years. He says the line “subject to the jurisdiction thereof” originally referred to people with full, political allegiance to the U.S. — green card holders and citizens.

Michael Anton, a former national security official in the Trump administration, recently took up this argument in the Washington Post.

  • Anton said that Trump could, via executive order, “specify to federal agencies that the children of noncitizens are not citizens” simply because they were born on U.S. soil. (It’s not yet clear whether Trump will take this maximalist argument, though his previous rhetoric suggests there’s a good chance.)
  • But others — such as Judge James C. Ho, who was appointed by Trump to Fifth Circuit Court of Appeals, in New Orleans — say the line in the amendment refers to the legal obligation to follow U.S. laws, which applies to all foreign visitors (except diplomats) and immigrants. He has written that changing how the 14th Amendment is applied would be “unconstitutional.”

Between the lines: Until the 1960s, the 14th Amendment was never applied to undocumented or temporary immigrants, Eastman said.

  • Between 1980 and 2006, the number of births to unauthorized immigrants — which opponents of birthright citizenship call “anchor babies” — skyrocketed to a peak of 370,000, according to a 2016 study by Pew Research. It then declined slightly during and following the Great Recession.
  • The Supreme Court has already ruled that children born to immigrants who are legal permanent residents have citizenship. But those who claim the 14th Amendment should not apply to everyone point to the fact that there has been no ruling on a case specifically involving undocumented immigrants or those with temporary legal status.

The bottom line: If Trump follows through on the executive order, “the courts would have to weigh in in a way they haven’t,” Eastman said.

[Axios]

Reality

Fact is Republicans and Fox News have long targeted only Hispanic or Asian “anchor babies” claiming they were a national security threat. (cough) (cough) racism (cough) (cough)

The Trump administration’s flawed argument is over the line in Section 1 of the 14th Amendment, “subject to the jurisdiction thereof” claiming it only referred to people with full, political allegiance to the U.S., such as citizens or green card holders.

The problem with this thinking is the writings of the authors of the 14th amendment clearly show the line in the amendment refers to the legal obligation to follow U.S. laws within the U.S. border.

Finally, you can’t change the Constitution with an executive order. Can’t happen.

All Trump is doing is riling up his insanely racist base, who are trained by Republican news to fear all foreigners, to show up at the polls one week away.

Media

Pentagon to deploy 5,200 active duty troops to Mexico border as Trump escalates threats against migrant caravan

A week out from the midterm elections, the Pentagon said Monday it is sending 5,200 troops, some armed, to the Southwest border this week in an extraordinary military operation to stop Central American migrants traveling north in two caravans that were still hundreds of miles from the U.S. The number of troops is more than double the 2,000 who are in Syria fighting the Islamic State group.

President Donald Trump, eager to focus voters on immigration in the lead-up to the elections, stepped up his warnings about the caravans, tweeting: “This is an invasion of our Country and our Military is waiting for you!”

His warning came as the Pentagon began executing “Operation Faithful Patriot,” described by the commander of U.S. Northern Command as an effort to help Customs and Border Protection stiffen defenses at and near legal entry points. Advanced helicopters will allow border protection agents to swoop down on migrants trying to cross illegally, he said.

“We’re going to secure the border,” Air Force Gen. Terrence O’Shaughnessy, the Northern Command leader, said at a news conference. He spoke alongside Kevin McAleenan, commissioner of Customs and Border Protection.

Eight hundred troops already are on their way to southern Texas, O’Shaughnessy said, and their numbers will top 5,200 by week’s end. He said troops would focus first on Texas, followed by Arizona and then California.

The number of people in the first caravan has dwindled to 3,500 from about 7,000, though a second one was gaining steam and marred by violence. About 600 migrants in the second group tried to cross a bridge from Guatemala to Mexico en masse on Monday but were met by ranks of Mexican federal police who blocked them from entering. The riverbank standoff followed a more violent confrontation Sunday when the migrants used sticks and rocks against Mexico police. One migrant was killed Sunday night by a head wound, but the cause was unclear.

The first group passed through the spot via the river — wading or on rafts — and was advancing through southern Mexico. That group appeared to begin as a collection of about 160 who decided to band together in Honduras for protection against the gangs who prey on migrants traveling alone and snowballed as the group moved north. They are mostly from Honduras, where it started, as well as El Salvador and Guatemala.

Overall, they are poor, carrying the belongings that fit into a knapsack and fleeing gang violence or poverty. It’s possible there are criminals mixed in, but Trump has not substantiated his claim that members of the MS-13 gang, in particular, are among them.

The president’s dark description of the caravan belied the fact that any migrants who complete the long trek to the southern U.S. border already face major hurdles, both physical and bureaucratic, to being allowed into the United States. Migrants are entitled under both U.S. and international law to apply for asylum, but it may take a while to make a claim. There is already a bottleneck of asylum seekers at some U.S. border crossings, in some cases as long as five weeks.

McAleenan said the aim was to deter migrants from crossing illegally between ports, but he conceded his officers were overwhelmed by a surge of asylum seekers. He also said Mexico was prepared to offer asylum to the caravan.

“If you’re already seeking asylum, you’ve been given a generous offer,” he said of Mexico. “We want to work with Mexico to manage that flow.”

The White House is also weighing additional border security measures, including blocking those traveling in the caravan from seeking legal asylum and preventing them from entering the U.S.

The military operation drew quick criticism.

“Sending active military forces to our southern border is not only a huge waste of taxpayer money, but an unnecessary course of action that will further terrorize and militarize our border communities,” said Shaw Drake of the American Civil Liberties Union’s border rights center at El Paso, Texas.

Military personnel are legally prohibited from engaging in immigration enforcement. The troops will include military police, combat engineers and others helping on the southern border.

The escalating rhetoric and expected deployments come as the president has been trying to turn the caravans into a key election issue just days before the midterm elections that will determine whether Republicans maintain control of Congress.

“This will be the election of the caravans, the Kavanaughs, law and order, tax cuts, and you know what else? It’s going to be the election of common sense,” Trump said at a rally in Illinois on Saturday night.

On Monday, he tweeted without providing evidence: “Many Gang Members and some very bad people are mixed into the Caravan heading to our Southern Border.”

“Please go back,” he urged them. “you will not be admitted into the United States unless you go through the legal process. This is an invasion of our Country and our Military is waiting for you!”

The troops are expected to perform a wide variety of functions such as transporting supplies for the Border Patrol, but not engage directly with migrants seeking to cross the border, officials said. One U.S. official said the troops will be sent initially to staging bases in California, Texas and Arizona while the CBP works out precisely where it wants the troops positioned. U.S. Transportation Command posted a video on its Facebook page Monday of a C-17 transport plane that it said was delivering Army equipment to the Southwest border in support of Operation Faithful Patriot.

The U.S. military has already begun delivering jersey barriers to the southern border in conjunction with the deployment plans.

[CNBC]

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