Author Archives: News Sources

Trump aides have nothing to say about his wiretap claims

The New York Times reports: President Trump has no regrets. His staff has no defense.

After weeks of assailing reporters and critics in diligent defense of their boss, Mr. Trump’s team has been uncharacteristically muted this week when pressed about his explosive — and so far proof-free — Twitter posts on Saturday accusing President Barack Obama of tapping phones in Trump Tower during the 2016 campaign.

The accusation — and the F.B.I. director, James B. Comey, and the former national intelligence director, James R. Clapper Jr., emphatically deny that any such wiretap was requested or issued — constitutes one of the most consequential accusations made by one president against another in American history.

So for Mr. Trump’s allies inside the West Wing and beyond, the tweetstorm spawned the mother of all messaging migraines. Over the past few days, they have executed what amounts to a strategic political retreat — trying to publicly validate Mr. Trump’s suspicions without overtly endorsing a claim some of them believe might have been generated by Breitbart News and other far-right outlets.

“No, that’s above my pay grade,” said Sean Spicer, the White House press secretary and a feisty Trump loyalist, when asked on Tuesday at an on-camera briefing if he had seen any evidence to back up Mr. Trump’s accusation. The reporters kept at him, but Mr. Spicer pointedly and repeatedly refused to offer personal assurances that the president’s statements were true.

“No comment,” Attorney General Jeff Sessions said earlier in the day. Last week, Mr. Sessions recused himself from any investigations involving the Trump campaign’s contacts with Russia.

“I don’t know anything about it,” John F. Kelly, the homeland security secretary, said on CNN on Monday. Mr. Kelly shrugged and added that “if the president of the United States said that, he’s got his reasons to say it.”

Representative Devin Nunes, Republican of California and the chairman of the House Intelligence Committee, and Senator Richard M. Burr, Republican of North Carolina and the chairman of the Senate intelligence panel, have said they will add Mr. Trump’s request to pre-existing inquiries into intelligence community leaks.

But Mr. Nunes and Mr. Burr said they had not seen specific evidence backing up Mr. Trump’s claim.

Other Hill Republicans have responded with similar verbal shrugs. Senator John Cornyn of Texas, a member of the Intelligence Committee, said on Tuesday that he “didn’t know what the basis” of Mr. Trump’s statement was. [Continue reading…]

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North Korea tensions pose early, and perilous, test for Trump

The New York Times reports: When the United States began deploying a missile defense system in South Korea this week, it was to protect an ally long threatened by North Korean provocations. But it was instantly met by angry Chinese warnings that the United States is setting off a new arms race in a region already on edge over the North’s drive to build a nuclear arsenal.

China condemned the new antimissile system as a dangerous opening move in what it called America’s grand strategy to set up similar defenses across Asia, threatening to tilt the balance of power there against Beijing.

The tensions are testing the new Trump administration and its uneasy allies South Korea and Japan, which have complained for years that China has simultaneously chastised and coddled the North, refusing to enact stiff enough measures to force it to abandon its nuclear and missile programs.

But with the beginning of work to install the antimissile system, the delicate international cooperation against North Korea is splintering: Beijing is expressing more concern about American intentions in the region than about the dangers of the North’s latest surge in nuclear and missile testing. [Continue reading…]

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Trump’s wiretap tweets raise risk of impeachment

Noah Feldman writes: The sitting president has accused his predecessor of an act that could have gotten the past president impeached. That’s not your ordinary exercise of free speech. If the accusation were true, and President Barack Obama ordered a warrantless wiretap of Donald Trump during the campaign, the scandal would be of Watergate-level proportions.

But if the allegation is not true and is unsupported by evidence, that too should be a scandal on a major scale. This is the kind of accusation that, taken as part of a broader course of conduct, could get the current president impeached. We shouldn’t care that the allegation was made early on a Saturday morning on Twitter.


The basic premise of the First Amendment is that truth should defeat her opposite number. “Let her and Falsehood grapple,” wrote the poet and politician John Milton, “who ever knew Truth put to the worse in a free and open encounter?”

But this rather optimistic adage only accounts for speech and debate between citizens. It doesn’t apply to accusations made by the government. Those are something altogether different.

In a rule of law society, government allegations of criminal activity must be followed by proof and prosecution. If not, the government is ruling by innuendo.

Shadowy dictatorships can do that because there is no need for proof. Democracies can’t. [Continue reading…]

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Kremlin-backed media turns on Trump

Politico reports: Kremlin-controlled news outlets used to root for Donald Trump’s election. Now they’re reveling in the chaos and division of his early presidency.

“Sessions Scandal: ‘U.S Headed to Constitutional Crisis,’” reads a March 3 headline on the website of the Kremlin-funded English-language network RT.

“Immigrants See American Dream Fade in Wake of Surge in Hate Crimes,” Sputnik News, another English language outlet bankrolled by the Kremlin, reported the same day.

“America is in the grips of hatred,” the Russian television commentator Dmitry Kiselyov told viewers of the Rossiya 1 network on Sunday night. The popular host, appointed directly by Russian President Vladimir Putin, suggested the political discord could lead to violence in gun-friendly America — “a dangerous combination with free-flowing firearms,” he said.

It’s not that the Kremlin-controlled outlets which all but explicitly rooted for Trump to defeat Hillary Clinton last fall have changed their view of the New York mogul. It’s that Moscow’s main goal was always to undermine the U.S. political system, regardless of who is in the White House, experts said. [Continue reading…]

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Don’t let WikiLeaks scare you off of Signal and other encrypted chat apps

Wired reports: Of all the revelations to come out of the 9,000-page data dump of CIA hacking tools, one of the most explosive is the possibility that the spy agency can compromise Signal, WhatsApp, and other encrypted chat apps. If you use those apps, let’s be perfectly clear: Nothing in the WikiLeaks docs says the CIA can do that.

A close reading of the descriptions of mobile hacking outlined in the documents released by WikiLeaks shows that the CIA has not yet cracked those invaluable encryption tools. That has done little to prevent confusion on the matter, something WikiLeaks itself contributed to with a carelessly worded tweet:


The end-to-end encryption protocols underpinning these private messaging apps protect all communications as they pass between devices. No one, not even the companies providing the service, can read or see that data while it is in transit. Nothing in the CIA leak disputes that. The underlying software remains every bit as trustworthy now as it was before WikiLeaks released the documents. [Continue reading…]

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Trump administration considers major cuts to border security and disaster relief in order to fund border wall

The Washington Post reports: The Trump administration, searching for money to build the president’s planned multibillion-dollar border wall and crack down on illegal immigration, is weighing significant cuts to the Coast Guard, the Transportation Security Administration and other agencies focused on national security threats, according to a draft plan.

The proposal, drawn up by the Office of Management and Budget (OMB), also would slash the budget of the Federal Emergency Management Agency, which provides disaster relief after hurricanes, tornadoes and other natural disasters. The Coast Guard’s $9.1 billion budget in 2017 would be cut 14 percent to about $7.8 billion, while the TSA and FEMA budgets would be reduced about 11 percent each to $4.5 billion and $3.6 billion, respectively.

The cuts are proposed even as the planned budget for the Department of Homeland Security, which oversees all of them, grows 6.4 percent to $43.8 billion, according to the plan, which was obtained by The Washington Post. Some $2.9 billion of that would go to building the wall on the U.S.-Mexico border, with $1.9 billion funding “immigration detention beds” and other Immigration and Customs Enforcement expenses and $285 million set aside to hire 500 more Border Patrol agents and 1,000 more ICE agents and support staffers.

The plan puts the administration in the unusual position of trading spending on security programs for other security priorities at the southern border, raising questions among Republican lawmakers and homeland-security experts. [Continue reading…]

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As more Jewish facilities get threats, all 100 senators ask Trump administration for ‘swift action’

The Washington Post reports: A new wave of threats were made late Monday and Tuesday to Jewish schools and institutions, including the New York and Washington offices of the Anti-Defamation League, according to that group and other officials.

These latest bomb threats came as a letter signed by every U.S. senator was sent to top law enforcement officials in the Trump administration, asking them to do more in response to the bout of threatening messages that have continuously rattled Jewish groups this year.

“We write to underscore the need for swift action with regard to the deeply troubling series of anonymous bomb threats made against Jewish Community Centers (JCCs), Jewish day schools, synagogues and other buildings affiliated with Jewish organizations or institutions across the country,” the senators wrote in a letter, a copy of which was shared publicly Tuesday by Sens. Marco Rubio (R-Fla.) and Gary Peters (D-Mich.), two of the lawmakers who said they were behind the message.

The senators’ letter and the new threats underscored the anxiety still present in Jewish communities four days after a disgraced former journalist was arrested and charged with being responsible for a handful of the threatening messages. [Continue reading…]

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Famines in the 21st century? It’s not for lack of food

Image 20170306 20756 8n4y6c
Sorting bags of food dropped by air from a World Food Programme plane in Padeah, South Sudan, March 1, 2017.
AP Photo/Sam Mednick

By Daniel Maxwell, Tufts University

Famine killed nearly 75 million people in the 20th century, but had virtually disappeared in recent decades. Now, suddenly, it is back. In late February a famine was declared in South Sudan, and warnings of famine have also recently been issued for Somalia, Nigeria and Yemen. The Conversation

Moreover, in January the Famine Early Warning System (FEWSNET) – a U.S. government-funded organization created in 1985 specifically to predict famines and humanitarian emergencies – estimated that 70 million people affected by conflicts or disasters worldwide will need food assistance in 2017. This number has increased by nearly 50 percent in just the past two years.

What explains this rapid rise in the number of people who need emergency food assistance? And why, in an era of declining poverty and hunger worldwide, are we suddenly facing four potential famines in unconnected countries?

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The murder of Ko Ni, a prominent Muslim lawyer in Myanmar

Hannah Beech writes: Whenever I met with Ko Ni, whether seated in his office, with its flickering electricity and precarious piles of law books, or sipping tea in the moldering headquarters of Myanmar’s then-opposition political party, the image that came to mind was that of Atticus Finch — though an Atticus wearing a Burmese sarong. With his salt-and-pepper hair and upright bearing, Ko Ni was the consummate honorable lawyer. He persevered for decades as one of Myanmar’s top constitutional experts despite living under the rule of a military junta with little respect for judicial process. Every day, he woke up and prepared to throw himself, pro bono, into hopeless cases. One day in his office, I saw a stack of papers at the foot of his desk. On top was a copy of the Bulgarian Constitution. You never know, he said, when knowledge of such a document might prove useful.

On January 29th, Ko Ni, sixty-three years old, was assassinated at the airport in Yangon, Myanmar’s largest city. He had just returned from a democracy conference in Indonesia and was waiting for a taxi curbside, while holding his young grandson, when a gunman in sandals sauntered up and pumped a bullet into Ko Ni’s head at close range. Nay Win, a taxi driver who tried to chase down the assassin, was also shot to death. (Ko Ni’s grandson, who had come with relatives to greet his grandfather, tumbled out of the lawyer’s arms but was unhurt.)

As a senior legal adviser to the National League for Democracy, or N.L.D., which is the party of Aung San Suu Kyi, the Nobel Prize laureate and advocate for democracy, Ko Ni certainly had enemies. He had called for amending, or even rewriting, Myanmar’s Constitution, to reduce the power of the military that had drafted it in the first place. He was also a Muslim, a faith that makes up less than five per cent of the population in Myanmar, a predominantly Buddhist nation. Being a Muslim in Myanmar has proved perilous in recent years, particularly in the country’s far western Rakhine state, where hundreds of Rohingya, a Muslim ethnicity largely stripped of citizenship, have been killed, and hundreds of thousands more displaced. A February report by the United Nations accused Burmese security forces of having unleashed a campaign of mass murder, torture, and rape late last year. On March 2nd, Yanghee Lee, the U.N.’s special rapporteur for human rights, reiterated that pogroms against the Rohingya “may amount to crimes against humanity.” Anti-Muslim violence has also flared outside of Rakhine, in places where Burmese of various faiths had long lived in harmony. [Continue reading…]

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North Korea says it was practicing to hit U.S. military bases in Japan with missiles

The Washington Post reports: North Korea was practicing to strike United States military bases in Japan with its latest barrage of missiles, state media in Pyongyang reported Tuesday, and it appeared to be trying to outsmart a new American antimissile battery being deployed to South Korea by firing multiple rockets at once.

Kim Jong Un presided over Monday’s launch of the four missiles, “feasting his eyes on the trails of ballistic rockets,” the state-run Korean Central News Agency reported in a statement that analysts called a “brazen declaration” of the country’s intent to strike enemies with a nuclear weapon if it came under attack.

“If the United States or South Korea fires even a single flame inside North Korean territory, we will demolish the origin of the invasion and provocation with a nuclear tipped missile,” the KCNA statement said.

The four ballistic missiles fired Monday morning were launched by the elite Hwasong ballistic missile division “tasked to strike the bases of the U.S. imperialist aggressor forces in Japan,” KCNA said. The United States has numerous military bases and about 54,000 military personnel stationed in Japan, the legacy of its postwar security alliance with the country. [Continue reading…]

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Trump’s immigration executive orders: The demise of due process and discretion

By Shoba Sivaprasad Wadhia, Pennsylvania State University

The U.S. immigration code, passed by Congress in 1952, rivals the tax code in its level of complexity. The Conversation

In January, President Donald Trump signed three executive orders on immigration that have made matters more complicated for immigrants and the lawyers and advocates who fight on their behalf.

As an immigration lawyer and teacher, I have spent countless hours helping those in need and educating my community, which includes residents, educators, professors, international students and scholars, along with local government about the contents of the orders, and the guidelines released by the Department of Homeland Security in February and how they will be implemented.

Specifically, the two orders on deportations and enforcement, both signed on Jan. 25, reveal that the government is making three major changes.

First, the orders are making virtually every undocumented person a priority for deportation.

Second, they seek to maximize existing programs that allow deportation of individuals without basic due process. This includes the right to be heard by a judge, present evidence or challenge a charge of deportation.

And third, pursuant to its Feb. 20 memorandum, DHS has rescinded most documents that offered guidance on prosecutorial discretion.

Prosecutorial discretion in immigration law refers to the choice made by a government official or agency to enforce or not enforce the immigration law against a person. It has been the central focus of my research, and is a critical component in our immigration system. Officials must choose whom to prioritize for removal because they have limited resources. The government has also recognized other compelling reasons why a person might deserve to not be deported. For example, a person without papers who has lived in the United States for several years and has family ties, steady employment or community leadership may temporarily be protected from removal.

Do Trump’s executive orders signal an end to this practice?

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We’ll see you in court, 2.0: Once a Muslim ban, still a Muslim ban

David Cole writes: If a Muslim Ban is cleaned up to exclude Iraq, exempt lawful permanent residents and other current visa holders, is it still a Muslim ban? That’s the question presented by President Donald Trump’s decision to replace his original executive order, enjoined by the courts, with a new one. The administration’s decision to abandon the old order is wise; every judge but one who had reviewed it found it raised grave constitutional concerns. The new order will be less catastrophic in its roll-out than the first, both because it exempts those who already have visas and because it will not go into effect until March 16. But it’s still religious discrimination in the pre-textual guise of national security. And it’s still unconstitutional.

As I’ve written before, Trump has repeatedly made crystal clear his intent to ban Muslims from entering the United States. As a candidate, he stated several times that he intended, if elected, to ban Muslim immigrants from entering the United States. He has never repudiated that commitment. When confronted with the fact that his proposal would violate the Constitution, Trump said on NBC’s Meet the Press in July, that he would use territory as a proxy for religion. And, when asked after his election victory whether he still intended to ban Muslim immigrants from the United States, President-elect Trump confirmed that was still his plan. Two days after the original Executive Order was issued, former NYC Mayor Rudy Giuliani, an advisor to President Trump, stated that then-candidate Trump had asked him for help in “legally” creating a “Muslim ban”; and that, in response, Mr. Giuliani and others decided to use territory as a proxy; and that this idea is reflected in the signed Order. There is overwhelming evidence that the most recent Executive Order was likewise intended to discriminate against Muslims. [Continue reading…]

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Reassessing Obama’s legacy of restraint

Paul Miller writes: Obama’s foreign policy worldview came from his self-conscious effort to learn the lessons of history — specifically, the lessons of the George W. Bush administration — which no one will fault. As anyone who has ever taken a class in history or political science knows, Obama knew George Santayana’s famous aphorism that “those who cannot remember the past are doomed to repeat it.” But learning the lessons of history can be difficult, even deceptive. Obama does not seem to have known Robert Jervis’ important riposte to Santayana that “those who remember the past are condemned to make the opposite mistake.”

Obama made the opposite mistake. In his eagerness to avoid making Bush’s mistakes, he made a whole new set of mistakes. He over-interpreted the recent past, fabricating the myth about a hyper-interventionist establishment. As a result, he overreacted to the situation he inherited in 2009 and, crucially, never adjusted during his eight years in office. In this sense and others, he contrasts starkly with Bush, who made major changes in his second term. The result is that Obama retrenched when he should have engaged. He oversaw the collapse of order across the Middle East and the resurgence of great power rivalry in Europe while mismanaging two wars and reducing America’s military posture abroad to its smallest footprint since World War II. Despite the paeans of Obama’s admirers, this is not a foreign policy legacy future presidents will want to emulate. [Continue reading…]

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Syrian children suffering staggering levels of trauma, report warns

The Guardian reports: Children in Syria are suffering from “toxic stress”, a severe form of psychological trauma that can cause life-long damage, according to a study that charts a rise in self-harm and suicide attempts among children as young as 12.

A report by Save the Children and its partner agencies in Syria paints a harrowing picture of the country’s children, 5.8 million of whom are in need of aid, after a war which reaches its sixth year next week.

Authors of the study, the largest of its kind to be undertaken during the conflict, warned the nation’s mental health crisis had reached a tipping point, where “staggering levels” of trauma and distress among children could cause permanent and irreversible damage.

More than 70% of children interviewed experienced common symptoms of “toxic stress” or post-traumatic stress disorder, such as bedwetting, the study found. Loss of speech, aggression and substance abuse are also commonplace. About 48% of adults reported seeing children who have lost the ability to speak or who have developed speech impediments since the war began, according to the report, entitled Invisible Wounds (pdf). [Continue reading…]

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The coming clean-air war between Trump and California

The Atlantic reports: In the weeks after the election of Donald Trump, friends and journalists called Deborah Sivas with roughly the same question: How bad could things get?

Sivas is a professor of environmental law at Stanford University, and she has decades of experience working as a litigator for environmental-rights groups. She knows how hostile new presidents can overturn green protections and she knows how lawsuits from friendly states and nonprofits can shore up those rules.

So when reporters asked about the fate of signature Obama-era issues—the Clean Power Plan, the Paris Agreement, the Dakota Access pipeline—she replied that they should focus on an issue with less name recognition. It seemed likely, she said, that the Trump administration and its allies in the car industry would attack California’s ability to regulate greenhouse-gas pollution from car tailpipes.

This may sound niche. But if Trump revoked the special federal waiver that gives California this power, it could hinder the ability of the United States to address climate change for decades to come, she said.

It now appears that her instincts were correct. On Saturday, The New York Times reported that Scott Pruitt, the new administrator of the U.S. Environmental Protection Agency, was exploring how to withdraw this waiver from California. The announcement could come later this week, when the Trump administration begins to roll back nationwide regulations on pollution from car tailpipes. [Continue reading…]

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Trump is said to reject Comey assertion that wiretapping claim is false

The New York Times reports: President Trump does not accept the contention of the F.B.I. director, James B. Comey, that Mr. Trump’s claim that President Barack Obama had him wiretapped was false, a White House spokeswoman said on Monday.

The New York Times reported on Sunday that Mr. Comey had asked the Justice Department this weekend to publicly reject Mr. Trump’s assertions. Mr. Comey has argued that the highly charged claim is untrue and must be corrected, but the department has not released any such statement.

A White House spokeswoman, Sarah Huckabee Sanders, was asked early Monday on ABC’s “Good Morning America” whether Mr. Trump accepted Mr. Comey’s contention. “I don’t think he does,” she said.

“I think he firmly believes that this is a story line that has been reported pretty widely by quite a few outlets,” Ms. Sanders said. She went on to cite several news reports about the F.B.I.’s investigation into links between Mr. Trump’s associates and Russia.

George Stephanopoulos, the ABC News host interviewing Ms. Sanders, pointed out that the articles Ms. Sanders cited did not back up Mr. Trump’s claims that Mr. Obama had Trump Tower wiretapped the month before the election. [Continue reading…]

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It ain’t easy getting a FISA warrant: I was an FBI agent and should know

Asha Rangappa writes: In his latest round of twiplash, President Trump on Saturday leveled a very serious accusation: that President Obama had personally ordered the “tapping” of telephone lines in Trump Tower in the months leading up to the November 2016 election. His tweets (scarily) reveal more about what he believes the office of the President is capable of than the reality of what the law allows. As someone who obtained FISA warrants while conducting counterintelligence investigations for the FBI, I can attest to the fact that they not only don’t involve the White House, but the process includes too many layers of approval to be granted without strong evidence.

There are two ways to obtain a wiretap – also known as electronic surveillance – on U.S. persons (citizens and permanent residents), and both include the courts. For criminal investigations, the FBI can seek a warrant under Title III of the U.S. criminal code by showing a federal court that there is probable cause to believe the target has engaged, or is engaging in, criminal activity. This is a fairly high standard because of a strong presumption in favor of our Fourth Amendment right to privacy, and requires a showing that less intrusive means of obtaining the same information aren’t feasible.

The standard for electronic surveillance for foreign intelligence purposes, though, is a little lower. This is because when it comes to national security, as opposed to criminal prosecutions, our Fourth Amendment rights are balanced against the government’s interest in protecting the country. The Foreign Intelligence Surveillance Act (FISA) allows the FBI to get a warrant from a secret court, known as the Foreign Intelligence Surveillance Court (FISC), to conduct electronic surveillance on U.S. persons if they can show probable cause that the target is an “agent of a foreign power” who is “knowingly engag[ing]…in clandestine intelligence activities.” In other words, the government has to show that the target might be spying for a foreign government or organization. [Continue reading…]

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