Trump Claims Power to Bypass Limits Set by Congress in Defense Bill

When President Trump signed a $716 billion military spending bill on Monday, he claimed the authority to override dozens of provisions that he deemed improper constraints on his executive powers.

In a signing statement that the White House quietly issued after 9 p.m. on Monday — about six hours after Mr. Trump signed the bill in a televised ceremony at Fort Drum in New York — Mr. Trump deemed about 50 of its statutes to be unconstitutional intrusions on his presidential powers, meaning that the executive branch need not enforce or obey them as written.

Among them was a ban on spending military funds on “any activity that recognizes the sovereignty of the Russian Federation over Crimea,” the Ukrainian region annexed by Moscow in 2014 in an incursion considered illegal by the United States. He said he would treat the provision and similar ones as “consistent with the president’s exclusive constitutional authorities as commander in chief and as the sole representative of the nation in foreign affairs.”

The statement was the latest example of Mr. Trump’s emerging broad vision of executive power. His personal lawyers, for example, have claimed that his constitutional authority to supervise the Justice Department means that he can lawfully impede the investigation into Russia’s interference in the 2016 election no matter his motive, despite obstruction-of-justice statutes.

Signing statements, which are generally ghostwritten for presidents by Justice Department and White House lawyers, are official documents in which a president lays out his interpretation of new laws and instructs the executive branch to view them the same way.

Once obscure, the practice became controversial under President George W. Bush, who challenged more provisions of new laws than all previous presidents combined — most famously a 2005 ban on torture championed by Senator John McCain, Republican of Arizona. (Democrats are pressing for access to any White House papers of Mr. Trump’s Supreme Court nominee, Brett M. Kavanaugh, related to that statement.)

Mr. McCain is now fighting brain cancer, and Congress named the new military law in his honor. But Mr. Trump pointedly did not mention his name when signing the bill, the latest slight in the long-running acrimony between the two men. Mr. Trump’s signing statement also quoted only part of the bill’s title, evading any acknowledgment of the senator.

Last month, Mr. McCain issued a statement calling Mr. Trump’s Helsinki summit meeting with President Vladimir V. Putin of Russia “one of the most disgraceful performances by an American president in memory.”

The American Bar Association in 2006 took the position that presidents should not use signing statements, but should instead veto legislation if it has constitutional defects so that Congress has an opportunity to override that veto if lawmakers disagree. But presidents of both parties, including Barack Obama, have continued to use them, with current and former executive branch lawyers arguing that the focus should be on the credibility of the legal theories that presidents invoke when they make their objections.

Mr. Trump’s new statement relied upon a mix of theories, some of which had greater support in Supreme Court precedent than others. For example, in 2015, the court upheld presidents’ constitutional authority to disregard a statute requiring American passports to say that Jerusalem is part of Israel, which could support Mr. Trump’s claim that he could recognize Crimea as part of Russia if he wanted.

But many of Mr. Trump’s challenges invoked his purported powers as commander in chief, a type of objection that the Bush administration frequently made but that the Obama administration generally shied away from.

For example, Mr. Trump also declared that he could bypass a provision in the bill that extended restrictions on certain bilateral military-to-military cooperation between the United States and Russia.

He also challenged a provision requiring the Pentagon to create a senior civilian position charged with coming up with uniform standards for counting — and reducing — civilian bystander deaths as a result of American military operations, and a provision that would halt certain in-flight refueling of Saudi and Emirati aircraft over Yemen unless those countries took more steps to bring an end to the civil war there and to reduce civilian suffering and collateral damage from their airstrikes.

And the president said he could disregard a restriction against reducing the number of active-duty troops stationed in South Korea below 22,000, unless Secretary of Defense Jim Mattis were to certify that doing so would be in the national-security interest of the United States and would not undermine the security of regional allies like South Korea and Japan.

In May, Mr. Trump had ordered the Pentagon to prepare options for drawing down troop levels in South Korea ahead of his Singapore summit meeting with North Korea’s dictator, Kim Jong-un. But later in June, Mr. Mattis said that current troop levels of about 28,500 would remain in place.

[The New York Times]

Sanders cites inaccurate numbers to claim Trump has created more jobs for African-Americans than Obama

White House press secretary Sarah Huckabee Sanders on Tuesday cited inaccurate data that she claimed showed President Trump has created hundreds of thousands of more jobs for African-American workers than former President Obama did in his entire term.

Sanders drastically deflated the number of jobs Obama created for African-Americans as part of a broader response to questions about whether Trump had ever used the “N-word.”

Asked if she could guarantee Americans will “never hear” Trump say the racial slur on a recording, Sanders said she “can’t guarantee anything” before highlighting economic gains made under Trump.

“This is a president who is fighting for all Americans, who is putting policies that help all Americans, particularly African-Americans,” Sanders said. “Just look at the economy alone.”

She claimed that the economy has added 700,000 new jobs for African-Americans in Trump’s first 18 months in office, which is accurate, according to the Bureau of Labor Statistics.

Sanders then said Obama only oversaw the creation of 195,000 jobs for African-Americans during his eight years in office.

The latter number is far from accurate. Data from the Bureau of Labor Statistics shows that the economy added roughly 3 million jobs for African-Americans during Obama’s time in office.

Sanders did not immediately respond to questions from The Hill about the inaccurate information, or whether she meant to cite a different timeframe.

Bloomberg first reported on Sanders’s exaggerated answer from the podium.

Tuesday’s press briefing was largely dominated by questions about Trump’s rhetoric toward African-Americans, and particularly toward former White House aide Omarosa Manigault Newman.

Manigault Newman’s new book, “Unhinged: An Insider’s Account of the Trump White House,” alleges Trump is a racist and a misogynist. She claims there are tapes of Trump using the “N-word” on the set of “The Apprentice.”

Trump has denied such tapes exist and tweeted Monday night that the racial slur has never been part of his vocabulary. He went on to attack Manigault Newman, who was once the highest ranking black official in his White House, as a “dog,” a “lowlife” and “wacky and deranged.”

[The Hill]

Media

White House: It’s ‘common’ for government employees to sign NDAs

White House press secretary Sarah Huckabee Sanders on Tuesday would not say whether she’s signed a nondisclosure agreement since joining the Trump administration, but asserted it’s “common” for government employees to sign such documents.

“I’m not going get into the back and forth on who has signed an NDA here at the White House,” Sanders said at a press briefing when asked whether she’s signed such a document.

“I can tell you that it’s common in a lot of places for employees to sign NDAs, including in government, particularly anyone with a security clearance,” she added.

The question about requiring White House staffers to sign nondisclosure agreements has emerged as a point of contention as former White House aide Omarosa Manigault Newman has published a new book filled with explosive claims about her time on the Trump campaign and as an aide in the Trump administration.

In her book released Tuesday, “Unhinged: An Insider’s Account of the Trump White House,” Manigault Newman alleges President Trump is a racist, a misogynist and a narcissist, and claims he repeatedly used the N-word on the set of “The Apprentice.”

Trump has lashed out at Manigault Newman in response, calling her a “dog” and a “lowlife.

The Trump campaign escalated the president’s war with Manigault Newman earlier Tuesday when it filed for arbitration, alleging she violated a nondisclosure agreement.

The campaign claims that by publishing the book, Manigault Newman violated the terms of a 2016 confidentiality agreement she signed with the campaign.

Asked Tuesday why compelling Manigault Newman to defend herself and potentially pay damages is necessary, Sanders said she could not speak on behalf of the campaign. However, she re-asserted that it’s “very normal” to require staffers to sign NDAs, arguing that “this White House is certainly no different” from past administrations.

Manigault Newman has acknowledged she signed a confidentiality agreement with the 2016 campaign but has denied signing a similar agreement upon leaving the White House.

The White House has in recent days confirmed its practice of requiring West Wing staffers to sign nondisclosure agreements, despite concerns from watchdogs that such documents are unenforceable and uncommon for public employees.

White House counselor Kellyanne Conway confirmed the existence of the agreements during an appearance on ABC’s “This Week,” defending them as needed to ensure privacy.

“We’ve all signed them in the West Wing,” she said. “We have confidentiality agreements in the West Wing, absolutely we do.  And why wouldn’t we?”

After Trump tweeted that Manigault Newman signed a nondisclosure agreement, the American Civil Liberties Union called the practice unconstitutional, saying Trump was attempting to “muzzle federal employees.”

[The Hill]

Reality

Requiring public employees and contractors to sign an SF312 security clearance is one thing, a non-disclosure agreement for all employees to silence critical speech is another and is clearly unconstitutional.

White House: ‘Can’t guarantee’ no tape of Trump using N-word

White House press secretary Sarah Huckabee Sanders on Tuesday refused to definitively rule out the possibility that President Trump has used the N-word, but repeatedly pointed out the president has denied uttering the racial slur.

“I can’t guarantee anything,” Sanders said when asked if she can assure that the public will never hear a recording of Trump saying the racial slur.

Sanders said she has not “been in every single room” but added that “the president addressed this question directly” and that she has “never heard him say it.”

The remarkable exchange came after former White House aide Omarosa Manigault Newman wrote in her new tell-all book “Unhinged” that there are tapes of Trump saying the racial slur on the set of his old reality show, “The Apprentice.”

Trump denied that claim in a Monday night tweet, saying an “Apprentice” producer called him “to say that there are NO TAPES of the Apprentice where I used such a terrible and disgusting word as attributed by Wacky and Deranged Omarosa.”

Manigault Newman’s book has caused a major headache for the White House, and Trump has spent the past several days publicly denying her claims and attacking her credibility. The president escalated those attacks on Tuesday morning, calling her a “lowlife” and a “dog.”

“The president is certainly voicing his frustration with the fact that this person has shown a complete lack of integrity,” Sanders said when asked about the tenor of Trump’s rhetoric.

She also denied that his scorched-earth approach is motivated by Manigault Newman’s race. Before her ouster, she was the highest-ranking African-American in the West Wing.

“The president is an equal-opportunity person who calls things like he sees it,” she said, adding that he will always “fight fire with fire.”

Even though Trump and his staff have spent several days pushing back on the book, Sanders blamed the news media for the amount of attention the book is receiving.

“The individuals in this room continue to create a large platform for somebody they know does not have a lot of credibility,” she said.

Trump’s campaign has filed for arbitration against Manigault Newman, claiming she violated a nondisclosure agreement with the publication of “Unhinged: An Insider’s Account of the Trump White House.”

[The Hill]

Media

Donald Trump calls Omarosa Manigault Newman ‘that dog’

Donald Trump has escalated a bitter row with his former aide Omarosa Manigault Newman, praising his chief of staff, John Kelly, for “quickly firing that dog”.

Manigault Newman, a former adviser to the US president and contestant on the reality TV show The Apprentice, has released three secret recordingsrelated to her firing as she promotes her memoir, Unhinged.

Her TV appearances, and her claim to have heard a tape of Trump using the N-word and other racial slurs during filming for The Apprentice, have annoyed the president, who levelled another barrage of attacks at her on Tuesday, tweeting: “When you give a crazed, crying lowlife a break, and give her a job at the White House, I guess it just didn’t work out. Good work by General Kelly for quickly firing that dog!”

On Tuesday morning, Manigault Newman revealed on CBS News a third tape that she says records a 2016 conference call among Trump campaign aides who are discussing how to address potential fallout from the release of tapes that allegedly show Trump using the N-word.

The campaign aides had previously denied that any such conversations took place.

On Monday, Trump denied claims of racism and said Manigault Newman was a liar for claiming he used the N-word: “I don’t have that word in my vocabulary and never have. She made it up.”

When Kelly fired Manigault Newman in December in the White House situation room, she secretly taped it, in an apparent breach of security protocol.

In the recording, which she played on NBC’s Meet the Press on Sunday, Kelly told Manigault Newman the firing was the result of “significant integrity issues” and that she could face damage to her reputation if she did not make it a “friendly departure”.

On Monday, Manigault Newman released another recording in which Trump appeared to express surprise that she had been fired. “Omarosa? Omarosa, what’s going on? I just saw on the news that you’re thinking about leaving? What happened?” Trump says on the tape, played on NBC’s Today show.

In a later interview on Monday, Manigault Newman said she “absolutely” had more tapes in her possession and warned that there were more to come.

The controversy has raised questions about whether she could face legal repercussions for recording in the situation room.

Defending her actions, Manigault Newman said the recordings were necessary in a White House “where everybody lies”.

Trump’s scathing attack on Manigault Newman is the latest in a string of insults directed at prominent African American people. This month, Trump questioned the intelligence of the basketball star LeBron James, who had criticised the president in an interview with CNN’s Don Lemon. Trump called Lemon the “dumbest man on television”.

Days earlier, Trump said the black California congresswoman Maxine Waters, a Democrat, had a “very low IQ”.

[The Guardian]

Ben Carson moves to roll back Obama-era fair housing rule

Housing and Urban Development Secretary Ben Carson is taking new steps to roll back an Obama-era rule intended to combat housing segregation.

On Monday, the Trump administration formally began the process of revamping a 2015 rule that required cities and towns to examine historic patterns of segregation and create plans to combat it, or lose federal funding.

The administration argued that the Affirmatively Furthering Fair Housing rule hinders the development of affordable housing.

The current rule is “suffocating investment in some of our most distressed neighborhoods that need our investment the most,” Carson said in a statement. “We do not have to abandon communities in need.”

Sara Pratt, a former Obama official who helped develop the rule, said that the Trump administration’s moves would enable communities to ignore long-standing barriers to fair housing and integration.

“You’re going back to communities willfully blinding themselves to patterns of segregation,” said Pratt, whose law firm is representing a coalition of groups suing the Trump administration for its earlier efforts to suspend the rule. “Without this rule, communities will not do the work to eliminate discrimination and segregation.”

The Trump administration said it would instead focus on increasing the supply of affordable housing across the country. Carson told The Wall Street Journal that he would “encourage the development of mixed-income multifamily dwellings all over the place” by making HUD money contingent on looser zoning rules.

Conservatives had vocally opposed the original rule by arguing that it was “an attempt to extort communities into giving up control of local zoning decisions,” according to Rep. Paul Gosar, R-Ariz.. Despite Carson’s stated interest in using federal funds to shape local zoning policies, they praised the Trump administration for taking the next big step in undoing the original rule.

“Secretary Carson’s work to rollback Obama’s overreaching housing rule is a great step in the right direction,” Gosar said in a statement. “I look forward to seeing HUD completely rescind the utopian Obama regulation.”

[NBC News]

Trump Claims Apprentice Producer Called Him to Deny There’s an N-Word Tape: ‘Deranged’ Omarosa ‘Made it Up’

President Donald Trump is continuing his online rampage against his former Apprentice protege-turned-administration critic, Omarosa Manigault Newman.

In his latest tweets, Trump claimed that he spoke to Apprentice producer Mark Burnett, who supposedly said no tapes exist of him using racist language between takes on his show. He’s also calling Manigault-Newman “wacky and deranged” while grumbling that the “fake news” is talking to her now that she has turned against him.

Even though political observers have noted how Manigault Newman’s credibility is questionable at best, she has captivated the media over the last few days with the salacious claims of her new book, and her secret White House recordings of Trump and his staff. One of the claims Manigault Newman elevated, the one Trump is referring to, is the old rumor that the president used the N-word, among other racist comments.

[Mediaite]

Trump rips McCain hours after signing bill named after him

President Trump hit Sen. John McCain in a speech hours after signing a defense bill named after the Arizona Republican.

Trump, speaking at a New York fundraising event, sarcastically referred to McCain as “one of our wonderful senators,” and referenced McCain’s key vote against a proposed repeal of the Affordable Care Act.

“ObamaCare, we got rid of the individual mandate, which is the most unpopular aspect,” Trump said. “I would’ve gotten rid of everything, but as you know, one of our wonderful senators said ‘thumbs down’ at 2 o’clock in the morning.”

The comment prompted a small chorus of boos from the audience.

Trump earlier in the day did not mention McCain during his signing of the defense bill, a $717 billion piece of legislation that is officially titled the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

The omission sparked backlash among frequent Trump critics, including former Secretary of State John Kerry, who called it “disgraceful.”

[The Hill]

Trump offers White House staffers a special perk at his golf club

There’s an under-the-radar perk being offered to staffers in President Donald Trump’s administration — discounts on Trump-branded merchandise sold at his Bedminster, New Jersey, golf club.

White House staffers who have a Secret Service hard pin identifying them as administration officials can flash it at the pro shop — where Trump-branded driver headcovers retail for $40 and a Trump golf polo tee sells for $90, according to the online Trump store — and receive the same discount available to club members, who pay a reported $350,000 to join the club.

Those discounts range from 15 percent off of any merchandise sold in the store, to 70 percent off clearance items, according to two staffers and a receipt reviewed by POLITICO.

The practice is the latest indication that being a public servant in this administration comes with special perks to sweeten the deal. The discounts available at the Bedminster club were originally pitched by the president’s daughter Ivanka Trump and the president himself as a nice gesture to aides, according to the recollection of someone familiar with the setup. (White House officials denied Ivanka Trump’s involvement and said she was not even aware the discount existed.)

But ethics experts say the arrangement only highlights how Trump remains more entangled in his commercial properties than any president in American history. Those blurry lines between his government work and his private business, from which he never divested, are perhaps most fuzzy when the president is spending time with government officials on the grounds of his own properties.

Virginia Canter, chief ethics counsel at Citizens for Responsibility and Ethics in Washington, and a former associate counsel in the Obama and Clinton administrations, said the practice of offering any discounts to people identified by their Secret Service pins was “absolutely wrong.”

Discounts are not prohibited by the Office of Government Ethics if they are available to all government employees, or if it’s a standardized discount. But if they are not, the discount is considered a gift. Federal officials are also prohibited from accepting gifts in excess of $20 and are urged to decline any gifts “when accepting them would raise concerns about the appearance of impropriety.”

“It’s prohibited under the standards of conduct for any government employee to accept a gift because of their official position,” said Canter. “The fact is, people’s access to that facility is extremely limited. It’s not open to all government employees. It’s limited to staff who have access to the facility and second of all, who are given access to the Secret Service pin. It’s not OK.”

White House press secretary Sarah Huckabee Sanders would not comment about the discount.

But getting perks in the pro shop goes beyond White House staffers.

Trump has pilfered his own store to charm Republican lawmakers and their aides, whom he frequently invites to join him for rounds of golf at his properties in Sterling, Virginia, and Palm Beach, Florida. GOP aides have been directed to the pro shop to pick up golf apparel — gratis — when the president saw they were not outfitted for golf. It was not clear whether Trump later personally picked up the tab or the business ate the extra expense.

The discounts remain under the radar even within the White House. One former senior administration official said he never knew about the price chop and had always paid full price for pro-shop merchandise. “I overpaid, big time,” the former official said. “Part of me wishes I knew. Part of me is glad I didn’t.” Other aides said they learned of the discount through the grapevine only after having paid full price.

The discounts are also not available across-the-board at all Trump clubs — each pro shop sets its own rules, and staffers who recently shopped at the Turnberry resort in Scotland while working for the president on his most recent foreign trip said they were expected to pay full price for the goods they brought home.

POLITICO reviewed a recent receipt that showed a current White House official receiving a 70 percent discount on a piece of merchandise that was a clearance item, and a 30 percent discount on an item from the current collection.

Norm Eisen, who served as the ethics czar under former President Barack Obama, said Trump’s habit of doling out discounted goods from his personal business is an abuse of office.

“It does have an effect on how Trump tries to secure personal loyalty and woo people away from what should be their primary and their only loyalty — to the Constitution, to public service and to the people of the United States,” Eisen said. “This is another small inducement, apparently contrary to federal law, that he uses to bind his staff to him personally.”

Trump, who throughout his life has been accused of regularly stiffing contractors and failing to pay his debts, is often a fan of generous gestures when he’s relaxing at one of his own properties. If he sees a table of staffers dining, he’ll often send over a dessert on the house, or pick up the check, another aide said.

Those gestures would be allowed if he, himself, is paying out of his own pocket to cover the meal. But they would also be prohibited by federal gift rules if he simply charged those meals to the club.

A spokeswoman for the Trump Organization, Amanda Miller, did not return calls and emails for 12 days.

White House: It’s in ‘Public Interest’ for Staff to Skirt Ethics Rules to Meet With Fox News

It is “in the public interest” for the White House’s top communicator to be excused from federal ethics laws so he can meet with Fox News, according to President Donald Trump’s top lawyer.

Bill Shine, Trump’s newly minted communications director, and Larry Kudlow, the White House’s top economist, who worked at CNBC before his White House post, have both been excused from provisions of the law, which seeks to prevent administration officials from advancing the financial interests of relatives or former employers.

“The Administration has an interest in you interacting with Covered Organizations such as Fox News,” wrote White House counsel Don McGahn in a July 13 memo granting an ethics waivers to Shine, a former Fox executive. “[T]he need for your services outweighs the concern that a reasonable person may question the integrity of the White House Office’s programs and operations.”

Kudlow, a former CNBC host, received a similar waiver allowing him to communicate with former colleagues.

Including Shine and Kudlow, the White House has granted a total of 20 waivers to provisions of various federal ethics laws and the ethics pledge that President Trump instituted by executive order the week he took office. Federal agencies have granted many more such waivers.

The news media has been a particular object of those waivers. Early in the administration, after The Daily Beast questioned the propriety of then-White House chief strategist Steve Bannon’s communications with employees of Breitbart News, the pro-Trump outlet he led before and after his White House tenure, the White House issued a blanket ethics waiver allowing all senior West Wing appointees to freely communicate with the press.

That move was widely seen as an effort to retroactively cover Bannon for previous meetings that would’ve otherwise run afoul of ethics rules—a move that may itself have constituted a violation of those rules.

Kudlow, a former CNBC host, received a similar waiver allowing him to communicate with former colleagues.

Including Shine and Kudlow, the White House has granted a total of 20 waivers to provisions of various federal ethics laws and the ethics pledge that President Trump instituted by executive order the week he took office. Federal agencies have granted many more such waivers.

The news media has been a particular object of those waivers. Early in the administration, after The Daily Beast questioned the propriety of then-White House chief strategist Steve Bannon’s communications with employees of Breitbart News, the pro-Trump outlet he led before and after his White House tenure, the White House issued a blanket ethics waiver allowing all senior West Wing appointees to freely communicate with the press.

That move was widely seen as an effort to retroactively cover Bannon for previous meetings that would’ve otherwise run afoul of ethics rules—a move that may itself have constituted a violation of those rules.

[The Daily Beast]

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