Category Archives: Donald Trump

Supreme Court allows full enforcement of Trump travel ban while legal challenges continue

The Washington Post reports: The Supreme Court on Monday granted President Trump’s request to fully enforce his revised order banning travel to the United States by residents of six mostly Muslim countries while legal challenges to it proceed in lower courts.

It was a victory for the White House, which has seen the courts trim back various iterations of the travel ban, and it bodes well for the administration if the Supreme Court is called upon to finally decide the merits of the president’s actions.

Two lower courts had imposed restrictions on Trump’s new order, exempting travelers from the six countries who had “bona fide” connections with relatives — such as grandparents, aunts or uncles — or institutions in the United States. Those exemptions to the president’s order, issued in the fall, were along the lines of those imposed by the Supreme Court last summer on a previous version of the travel ban.

But in an unsigned opinion Monday that did not disclose the court’s reasoning, the justices lifted the injunctions, which had been issued by federal judges in Hawaii and Maryland.

Justices Ruth Bader Ginsburg and Sonia Sotomayor noted that they would not have lifted the restrictions. The new ban also bars travelers from North Korea and Venezuela, but they were not affected by the injunctions. [Continue reading…]

Facebooktwittermail

Donald Trump is a cancer on public service

Jack Goldsmith writes: In July, I had dinner with a friend who has worked as a lawyer in the Justice Department for decades. My friend bemoaned the recent tweets by the president of the United States that called into question the integrity of the Justice Department. Why isn’t Attorney General Jeff Sessions “looking into Crooked Hillarys crimes & Russia relations?,” asked President Trump in one such (ungrammatical) tweet. And why didn’t Sessions “replace Acting FBI Director Andrew McCabe, a Comey friend who was in charge of Clinton investigation?”

My friend was desolate because the president was baselessly questioning the integrity of senior leaders in the Justice Department—of the attorney general whom he appointed, the former director of the Federal Bureau of Investigation whom he fired, and the acting FBI director who had served in the Bureau for decades. Such charges would have been disheartening if uttered in public by any official. But they were unfathomably worse coming from the chief executive on whose behalf my friend and tens of thousands of Justice Department employees worked hard to ensure faithful execution of the law, as the Constitution requires.

I thought about my friend this weekend when Trump launched his latest tweet-complaints about (as he put it) the “Justice” Department’s failure to go after “Crooked Hillary,” and about the “FBI’s phony and dishonest Clinton investigation (and more),” which (Trump claimed) left the FBI’s reputation “in Tatters – worst in History!”

The critique of these tweets is now familiar. They violate norms of law-enforcement independence from presidential influence. Their proximate aim is to discredit the Justice Department and FBI, probably in order to delegitimize it as the investigation of Robert Mueller gets ever closer to the president. And they appear to be part of an effort to weaken public confidence in American institutions more generally—not just DOJ, but also the “so-called” courts, the “fake news” media, the supposedly lying, incompetent intelligence community, and others.

This is all depressing enough. But another sharp cost of Trump’s caustic tweets has been largely neglected: The slow destruction of the morale of federal government employees, especially executive branch employees. [Continue reading…]

Facebooktwittermail

It’s time for Britain to act more like France in its relations with the U.S.

Jonathan Freedland writes: The focus now is on May’s invitation to Trump to come to Britain on a state visit. You will recall she made that offer – usually extended only late in a presidency – on that lightning trip to Washington, when the prime minister thought it would be smart to be the first foreign leader to visit the new president, and to come bearing extravagant gifts. How she must regret that move now: Trump can’t possibly be given the red carpet, gold-coach-on-the-Mall treatment, not in the current climate.

But to rescind an invitation – one that officially comes from the Queen – would be an enormous insult that would only escalate tensions further. So May must hope the current state of limbo will persist indefinitely: the invitation will remain suspended in the air, as the Americans avoid setting a date for fear that, were Trump to come, he would be humiliated by the sight of 65 million Brits giving him a two-fingered salute.

Still, the very fact that this ludicrous situation even exists points to a larger problem: the absurdity that is the so-called special relationship.

So-called because it’s only the Brits who call it that. The Americans never use the phrase unprompted. When they do, it’s only out of an embarrassed obligation to accommodate British neediness. A former state department official, Jeremy Shapiro, admitted in October that his bosses were always careful to use the phrase when the Brits were in town, “but really we laughed about it behind the scenes”.

And yet it matters to us desperately – and the Americans can smell our desperation. How much time does a visiting British prime minister get with the president? What kind of gift do they hand over? Is the body language warm or chilly? All these questions have obsessed the political class, policymakers and journalists alike, for decades. But this is not diplomacy: it’s neurosis.

Perhaps one could laugh off this behaviour, dismissing as mere pathos the notion of a country that thinks it alone has a special relationship with Washington, unaware that a 2009 study found that 14 of 25 EU nations surveyed all believed they too were special to the Americans. But this fetish has real-world consequences.

It was the driving spirit behind Tony Blair’s catastrophic decision to support the US-led invasion of Iraq in 2003. Blair’s judgment was that the paramount strategic objective was to be at Washington’s side: “With you, whatever.” All other considerations were subordinate to that goal.

That same urge propelled May to visit Trump in Washington too soon, where she “put her career, her reputation and the national interest in the hands of someone who can land almost anywhere on any topic and be on the opposite side the very next day”, says Mark Leonard, director of the European Council on Foreign Relations.

We are, says Leonard, over-invested emotionally in the fantasy we call the special relationship. Yes, there is shared history; and, yes, intelligence and special forces cooperation is intensely close. But for the rest, we need to end the neurotic neediness – and be a bit more like the French. [Continue reading…]

Facebooktwittermail

Sessions argued in Clinton impeachment that presidents can be guilty of obstructing justice

Politico reports: Donald Trump’s personal lawyer argued Monday that, as the nominal head of federal law enforcement, the president is legally unable to obstruct justice. But the exact opposite view was once argued by another senior Trump lawyer: Attorney General Jeff Sessions.

In 1999, Sessions – then an Alabama senator – laid out an impassioned case for President Bill Clinton to be removed from office based on the argument that Clinton obstructed justice amid the investigation into his affair with White House intern Monica Lewinsky.

“The facts are disturbing and compelling on the President’s intent to obstruct justice,” he said, according to remarks in the congressional record.

Sessions isn’t alone. More than 40 current GOP members of Congress voted for the impeachment or removal of Clinton from office for obstruction of justice. They include Senate Majority Leader Mitch McConnell – who mounted his own passionate appeal to remove Clinton from office for obstruction of justice – Senate Judiciary Committee Chairman Chuck Grassley and Senate Intelligence Committee Chairman Richard Burr, who was a House member at the time.

In all, 17 sitting senators supported the obstruction of justice charge against Clinton in 1998 and 1999. [Continue reading…]

Facebooktwittermail

Pence pleads ignorance as Russia probe deepens

Politico reports: As the White House contends with questions about who knew about former national security adviser Michael Flynn lying to the FBI, people close to Vice President Mike Pence are trying to make clear that President Donald Trump’s No. 2 knew nothing at all.

He was at a homeless shelter in Indiana, clad in an apron and doling out hot meals, the day last December when Egypt submitted a U.N. resolution that drew Flynn and Trump’s son-in-law and adviser Jared Kushner into international back-channel dealing.

He was celebrating his son’s wedding a week later when President Barack Obama slapped sanctions on Russia over its election meddling, setting off a chain of events that would culminate with Flynn pleading guilty to lying to the FBI about his contacts with Russian officials.

Pence’s aides have maintained for months that their man was out of the loop, blissfully ignorant of contacts between the Trump campaign and various foreign actors, from the Russian ambassador to WikiLeaks. [Continue reading…]

Are we to assume that Mike Pence’s sole means of communication is word of mouth within a hearing range of a few feet?

It’s hardly likely that Mueller’s team will accept at face-value all these assertions that Pence knew nothing. At some point, hopefully, they will subpoena his cell phone records and interrogate him.

If there’s anyone close to Trump who looks most likely to crumple under pressure after a few feeble gestures of defiance, it’s Pence.

Of course right now, the man with the pardon-power is Pence’s insurance policy, but if Trump looks like he’s going down then it will be time for the Et tu, Mike? moment.

Facebooktwittermail

Manafort worked on op-ed with Russian while out on bail, prosecutors say

CNN reports: Former Trump campaign chairman Paul Manafort was ghostwriting an op-ed while out on bail last month with a Russian who has ties to the Russian intelligence service, Justice Department Special Counsel Robert Mueller’s team said Monday.

In a new filing Monday afternoon, Mueller’s investigators said Manafort was working on an editorial in English as late as last Thursday and that it related to his political work for Ukraine, which factored into his money-laundering and foreign lobbying criminal charges.

The filing asks for the court to revisit a bail agreement Mueller’s office and Manafort’s lawyers made jointly last week. The court had not yet approved a change to his $10 million unsecured bail and house arrest.

“Even if the ghostwritten op-ed were entirely accurate, fair, and balanced, it would be a violation of this Court’s November 8 Order if it had been published,” prosecutors wrote. “The editorial clearly was undertaken to influence the public’s opinion of defendant Manafort, or else there would be no reason to seek its publication (much less for Manafort and his long-time associate to ghostwrite it in another’s name).” [Continue reading…]

Facebooktwittermail

McFarland contradicted herself on Russia contacts, congressional testimony shows

The New York Times reports: An email sent during the transition by President Trump’s former deputy national security adviser, K.T. McFarland, appears to contradict the testimony she gave to Congress over the summer about contacts between the Russian ambassador and Mr. Trump’s former national security adviser, Michael T. Flynn.

Ms. McFarland had told lawmakers that she did not discuss or know anything about interactions between Sergey I. Kislyak, who had been Moscow’s ambassador to the United States, and Mr. Flynn, according to Senate documents.

But emails obtained by The New York Times appear to undermine those statements. In a Dec. 29 message about newly imposed Obama administration sanctions against Russia for its election interference, Ms. McFarland, then serving on Mr. Trump’s transition team, told another transition official that Mr. Flynn would be talking to the Russian ambassador that evening. [Continue reading…]

Facebooktwittermail

Billy Bush: Trump’s revisionist history has reopened the wounds of the women he is said to have sexually assaulted

Billy Bush writes: He said it. “Grab ’em by the pussy.”

Of course he said it. And we laughed along, without a single doubt that this was hypothetical hot air from America’s highest-rated bloviator. Along with Donald Trump and me, there were seven other guys present on the bus at the time, and every single one of us assumed we were listening to a crass standup act. He was performing. Surely, we thought, none of this was real.

We now know better.

Recently I sat down and read an article dating from October of 2016; it was published days after my departure from NBC, a time when I wasn’t processing anything productively. In it, the author reviewed the various firsthand accounts about Mr. Trump that, at that point, had come from 20 women.

Some of what Natasha Stoynoff, Rachel Crooks, Jessica Leeds and Jill Harth alleged involved forceful kissing. Ms. Harth said he pushed her up against a wall, with his hands all over her, trying to kiss her.

“He was relentless,” she said. “I didn’t know how to handle it.” Her story makes the whole “better use some Tic Tacs” and “just start kissing them” routine real. I believe her.

Kristin Anderson said that Mr. Trump reached under her skirt and “touched her vagina through her underwear” while they were at a New York nightclub in the 1990s. That makes the “grab ’em by the pussy” routine real. I believe her.

President Trump is currently indulging in some revisionist history, reportedly telling allies, including at least one United States senator, that the voice on the tape is not his. This has hit a raw nerve in me.

I can only imagine how it has reopened the wounds of the women who came forward with their stories about him, and did not receive enough attention. [Continue reading…]

Facebooktwittermail

Trump tweet bolsters case for obstruction of justice

The Washington Post reports: President Trump’s personal lawyer said on Sunday that the president knew in late January that then-national security adviser Michael Flynn had probably given FBI agents the same inaccurate account he provided to Vice President Pence about a call with the Russian ambassador.

Trump lawyer John Dowd said the information was passed to Trump by White House counsel Donald McGahn, who had been warned about Flynn’s statement to the vice president by a senior Justice Department official. The vice president said publicly at the time that Flynn had told him he had not discussed sanctions with the Russian diplomat — a statement disproved by a U.S. intelligence intercept of a phone call between Flynn and then-Russian ambassador Sergey Kislyak.

Trump was aware of the issue a couple of weeks before a conversation with then-FBI Director James B. Comey in which Comey said the president asked him if he could be lenient while investigating Flynn, whom Trump had just fired for misleading Pence about the nature of his conversations with the Russian. [Continue reading…]

Facebooktwittermail

Presidential obstruction of justice

In the Executive Summary of a 108-page report [PDF], “Presidential Obstruction of Justice: The Case of Donald J Trump,” Barry H. Berke, Noah Bookbinder, and Norman L. Eisen, write: There are significant questions as to whether President Trump obstructed justice. We do not yet know all the relevant facts, and any final determination must await further investigation, including by Special Counsel Robert Mueller. But the public record contains substantial evidence that President Trump attempted to impede the investigations of Michael Flynn and Russian interference in the 2016 presidential election, including by firing FBI Director James Comey. There is also a question as to whether President Trump conspired to obstruct justice with senior members of his administration although the public facts regarding conspiracy are less well developed.

Attempts to stop an investigation represent a common form of obstruction. Demanding the loyalty of an individual involved in an investigation, requesting that individual’s help to end the investigation, and then ultimately firing that person to accomplish that goal are the type of acts that have frequently resulted in obstruction convictions, as we detail. In addition, to the extent conduct could be characterized as threatening, intimidating, or corruptly persuading witnesses, that too may provide additional grounds for obstruction charges.

While those defending the president may claim that expressing a “hope” that an investigation will end is too vague to constitute obstruction, we show that such language is sufficient to do so. In that regard, it is material that former FBI Director James Comey interpreted the president’s “hope” that he would drop the investigation into Flynn as an instruction to drop the case. That Comey ignored that instruction is beside the point under applicable law. We also note that potentially misleading conduct and possible cover-up attempts could serve as further evidence of obstruction. Here, such actions may include fabricating an initial justification for firing Comey, directing Donald Trump Jr.’s inaccurate statements about the purpose of his meeting with a Russian lawyer during the president’s campaign, tweeting that Comey “better hope there are no ‘tapes’ of our conversations,” despite having “no idea” whether such tapes existed, and repeatedly denouncing the validity of the investigations.

The president’s legal authority to remove an FBI director is a red herring—at least insofar as it has been used as a blanket justification for the president’s actions. The fact that the president has lawful authority to take a particular course of action does not immunize him if he takes that action with the unlawful intent of obstructing a proceeding for an improper purpose. The president will certainly argue that he did not have the requisite criminal intent to obstruct justice because he had valid reasons to exercise his authority to direct law enforcement resources or fire the FBI head. While we acknowledge The fact that the president has lawful authority to take a particular course of action does not immunize him if he takes that action with the unlawful intent of obstructing a proceeding for an improper purpose. The public record contains substantial evidence that President Trump attempted to impede the investigations of Michael Flynn and Russian interference in the 2016 presidential election, including by firing FBI Director James Comey. iv that the precise motivation for President Trump’s actions remains unclear and must be the subject of further fact-finding, there is already evidence that his acts may have been done with an improper intent to prevent the investigation from uncovering damaging information about Trump, his campaign, his family, or his top aides.

Special Counsel Mueller will have several options when his investigation is complete. He could refer the case to Congress, most likely by asking the grand jury and the court supervising it to transmit a report to the House Judiciary Committee. That is how the Watergate Special Prosecutor coordinated with Congress after the grand jury returned an indictment against President Nixon’s co-conspirators. Special Counsel Mueller could also obtain an indictment of President Trump and proceed with a prosecution. While the matter is not free from doubt, it is our view that neither the Constitution nor any other federal law grants the president immunity from prosecution. The structure of the Constitution, the fundamental democratic principle that no person is above the law, and past Supreme Court precedent holding that the president is amenable to other forms of legal process all weigh heavily in favor of that conclusion. While there can be debate as to whether a sitting president can be indicted, there is no doubt that a president can face indictment once he is no longer in office. Reserving prosecution for that time, using a sealed indictment or otherwise, is another option for the special counsel.

Congress also has actions that it can take, including continuing or expanding its own investigations, issuing public reports, and referring matters for criminal or other proceedings to the Department of Justice or other executive branch agencies. In addition, there is the matter of impeachment. We describe the articles of impeachment drafted against Presidents Richard Nixon and Bill Clinton, as well as those drafted against Judges Harry Claiborne and Samuel Kent to show that obstruction, conspiracy, and conviction of a federal crime have previously been considered by Congress to be valid reasons to remove a duly elected president from office. Nevertheless, the subject of impeachment on obstruction grounds remains premature pending the outcome of the special counsel’s investigation. [Continue reading…]

Facebooktwittermail

Trump’s uncontrollable tweeting triggers deeper anxiety among advisers

Politico reports: It took nearly 24 hours for President Donald Trump to tweet about the news that his former national security adviser Michael Flynn pleaded guilty to lying to FBI agents — a delay that Trump’s advisers said was not uncommon for the president, who often tweets after catching up on cable news.

Many Republicans at first saw the radio silence as a welcome sign of restraint.

But by Sunday, the notoriously hot-headed president had already claimed Flynn was fired earlier this year in part for lying to the FBI and had moved on to accusing the nation’s top law-enforcement agency of being “in tatters.”

“Worst in History! But fear not, we will bring it back to greatness,” he tweeted.

The tweets all combined to reignite fears among people close to Trump that the president is not taking the special counsel’s investigation seriously enough and is getting bad advice from his legal team.

Trump supporters, former campaign aides and former administration officials are beginning to privately raise red flags that the White House can’t keep up with the president’s own tweets and doesn’t have a coherent messaging strategy on the Russia investigation, according to interviews with a half-dozen people close to the president.

The people close to the president stressed that they are not worried that special counsel Robert Mueller will ensnare the president or find evidence of collusion. But they nonetheless fear that the near-daily revelations about the investigation will overtake Trump’s presidency.

“There’s no quarterback. There’s no strategy. They’re literally making it up as they go along,” said one of the people. “We’re in very dangerous territory.” [Continue reading…]

Facebooktwittermail

Trump pulls U.S. out of UN global compact on migration

The Guardian reports: The Trump administration has pulled out of the United Nations’ ambitious plans to create a more humane global strategy on migration, saying involvement in the process interferes with American sovereignty, and runs counter to US immigration policies.

The US ambassador to the UN, Nikki Hayley, informed the UN secretary general, Antonio Guterres, at the weekend that Donald Trump was not willing to continue with an American commitment to the UN global compact on migration.

The announcement of the US withdrawal from the pact came just hours before the opening of a UN global conference on migration scheduled to begin Monday in Puerto Vallarta, Mexico.

In 2016, the 193 members of the UN general assembly unanimously adopted a non-binding political declaration, the New York declaration for refugees and migrants, pledging to uphold the rights of refugees, help them resettle and ensure they had access to education and jobs. The initiative had the enthusiastic backing of Barack Obama, and was embraced by Guterres as one of his major challenges for 2018.

The aim is to publish a global compact for safe, orderly and regular migration next year in time for adoption by the UN general assembly in September.

Louise Arbour, appointed as the UN’s special representative to oversee the process, regards the global compact as a chance to shift world opinion on the need to address future migration, in the same way that the UN had managed to persuade the world it needed to address climate change. There are currently 60 million people who have been displaced worldwide. [Continue reading…]

Facebooktwittermail

Trump and Bannon’s vision of the future

Charles Blow writes: it is important to recall the three pillars of the Bannonite “America First” philosophy.

Earlier this year at the Conservative Political Action Conference, Bannon outlined them: national security and sovereignty; economic nationalism; and deconstruction of the administrative state.

Last month, when Trump appointed Mick Mulvaney, a man who despises the Consumer Financial Protection Bureau, to be acting director of that bureau, Trump continued his Trojan Horse strategy of implanting enemies in government agencies to disable or even destroy them.

When the desperate-for-a-win Republican Senate last week passed their 11th-hour disaster of a tax bill that will eventually prove a jackpot for the donor class and an albatross for the working class, Trump ensured that working people would most feel the pain from the bill, in cutbacks to government services like education and the social safety net.

Trump’s continued attacks on the media — and on truth itself — is an attempt to weaken the watchdogs, to grease the skids toward more oligarchy, more authoritarianism, more fascism.

Even as the special counsel, Robert Mueller, picks Trump’s inner circle apart, Trump is fully focused on doing as much damage as possible before reaching his ever-more-likely demise.

Trump may one day have to abandon the post he inhabits, but he plans to reduce the village to ashes before he exits. [Continue reading…]

Facebooktwittermail

Providing South Korea with its own capabilities of nuclear deterrence may instead increase the risk of nuclear war

Richard Sokolsky writes: South Korean hawks have marshalled several arguments to defend their view that the US should deploy nuclear weapons on their territory and even allow the South to become a nuclear weapons state. According to this perspective, the North Koreans are unlikely to accept denuclearization unless they face considerably more pressure, and a more robust US and South Korean nuclear presence would provide badly needed leverage to force the North to bargain away its own nuclear capabilities. In addition, US TNW in South Korea or a nuclear-armed South Korea would counterbalance North Korean nuclear weapons and thus deter the North from starting a nuclear war or trying to use its unilateral nuclear advantage to coerce political concessions from the South. Moreover, confronting China with the prospect of a nuclear South Korea (and Japan) and an increased risk of nuclear escalation might be enough to scare China into using its leverage to force North Korea to give up its nuclear weapons.

Although these arguments have gained some traction among the South Korean public, there are compelling reasons for the US to refuse redeployment of TNW in South Korea and reject its development of nuclear weapons. First, the existing US nuclear umbrella, especially sea-based weapons that roam the waters of the Western Pacific, and the presence of US forces in South Korea provide ample deterrent to the use of North Korean nuclear weapons. If these capabilities do not deter the North from starting a war, basing a few more weapons on South Korean soil will not change this calculus.

A US decision to redeploy TNW would also raise the thorny issue of operational decision-making and command authority over the use of these weapons. The South Korean government, like the governments of NATO countries where nuclear weapons are based, might prefer command arrangements with shared authority (in NATO, parlance “dual key” arrangements exist that require positive actions by both the US and basing countries to order nuclear release.) However, the commander of US Forces Korea would almost certainly want sole authority to employ these weapons. And because of the compressed time for decision-making due to the short distances involved, he might be given pre-delegated launch authority in certain conditions. Under these circumstances, and especially because both US and North Korean nuclear weapons would be highly vulnerable to a pre-emptive first strike, there would be strong incentives on both sides to use these weapons first or risk losing them. Thus, the re-introduction of US TNW in South Korea, while aimed at deterring a North Korean nuclear attack, could actually increase the risk of a nuclear exchange. [Continue reading…]

Facebooktwittermail

How the Republicans broke Congress

Thomas E. Mann and Norman J. Ornstein, write: In the past three days, Republican leaders in the Senate scrambled to corral votes for a tax bill that the Joint Committee on Taxation said would add $1 trillion to the deficit — without holding any meaningful committee hearings. Worse, Republican leaders have been blunt about their motivation: to deliver on their promises to wealthy donors, and down the road, to use the leverage of huge deficits to cut and privatize Medicare and Social Security.

Congress no longer works the way it’s supposed to. But we’ve said that before.

Eleven years ago, we published a book called “The Broken Branch,” which we subtitled “How Congress Is Failing America and How to Get It Back on Track.” Embedded in that subtitle were two assumptions: first, that Congress as an institution — which is to say, both parties, equally — is at fault; and second, that the solution is readily at hand. In 2017, the Republicans’ scandalous tax bill is only the latest proof that both assumptions are wrong.

Which is not to say that we were totally off base in 2006. We stand by our assessment of the political scene at the time. What is astounding, and still largely unappreciated, is the unexpected and rapid nature of the decline in American national politics, and how one-sided its cause. If in 2006 one could cast aspersions on both parties, over the past decade it has become clear that it is the Republican Party — as an institution, as a movement, as a collection of politicians — that has done unique, extensive and possibly irreparable damage to the American political system.

Even today, many people like to imagine that the damage has all been President Trump’s doing — that he took the Republican Party hostage. But the problem goes much deeper. [Continue reading…]

Facebooktwittermail

Why the Trump team should fear the Logan Act

Daniel Hemel and Eric Posner write: President Trump’s former national security adviser, Michael Flynn, acknowledged in court last week that he lied to F.B.I. investigators about his communications with the Russian ambassador to the United States in the run-up to Mr. Trump’s inauguration. While Mr. Flynn pleaded guilty to only one count of making materially false statements, his admissions leave little doubt that he also violated a federal criminal statute known as the Logan Act. Mr. Flynn’s filings further reveal that a “very senior member” of the Trump transition team almost certainly violated the Logan Act, too.

We do not yet know the identity of this “very senior” official. Possibilities include Jared Kushner, who is Mr. Trump’s son-in-law; Mike Pence, vice president-elect at the time; and Mr. Trump himself. Whoever it was, Robert Mueller, the special counsel, can make out a powerful criminal case against that person.

The Logan Act makes it a crime for a United States citizen, “without authority” from the federal government, to communicate with foreign officials in order to “influence the measures or conduct of any foreign government” in a dispute with the United States or “to defeat the measures of the United States.” A conviction can result in a prison sentence of up to three years.

The statute, which has been on the books since the early days of the republic, reflects an important principle. The president is — as the Supreme Court has said time and again — “the sole organ of the nation in its external relations.” If private citizens could hold themselves out as representatives of the United States and work at cross-purposes with the president’s own diplomatic objectives, the president’s ability to conduct foreign relations would be severely hampered.

The statute applies squarely to Mr. Flynn. [Continue reading…]

Facebooktwittermail

The odds of impeachment are dropping

Peter Beinart writes: Now that Michael Flynn has pleaded guilty to lying to the F.B.I., and agreed to dish on his former boss, some Trump-watchers are suggesting that impeachment may be around the corner. “It’s time to start talking about impeachment,” announced a Saturday column on CNN.com. The Flynn deal, declared former Deputy Assistant Attorney General Harry Litman in Friday’s New York Times, “portends the likelihood of impeachable charges being brought against the president of the United States.”

That may be true. But bringing impeachment charges against Trump, and actually forcing him from office, are two vastly different things. And while the former may be more likely today than it was half a year ago, the latter is actually less likely. Since Robert Mueller became special counsel in May, the chances of the House of Representatives passing articles of impeachment—and the Senate ratifying them—have probably gone down.

That’s because impeachment is less a legal process than a political one. Passing articles of impeachment requires a majority of the House. Were such a vote held today—even if every Democrat voted yes—it would still require 22 Republicans. If Democrats take the House next fall, they could then pass articles of impeachment on their own. But ratifying those articles would require two-thirds of the Senate, which would probably require at least 15 Republican votes.

That kind of mass Republican defection has grown harder, not easier, to imagine. It’s grown harder because the last six months have demonstrated that GOP voters will stick with Trump despite his lunacy, and punish those Republican politicians who do not. [Continue reading…]

Facebooktwittermail

Trump finds loopholes in chief of staff’s new regime

The Wall Street Journal reports: Chief of Staff John Kelly over the past five months has imposed discipline and rigorous protocols on a freewheeling White House. But President Donald Trump has found the loopholes.

The president on occasion has called White House aides to the private residence in the evening, where he makes assignments and asks them not tell Mr. Kelly about the plans, according to several people familiar with the matter. At least once, aides have declined to carry out the requested task so as not to run afoul of Mr. Kelly, one of these people said.

The president, who values counsel from an informal group of confidants outside the White House, also sometimes bypasses the normal scheduling for phone calls that give other White House staff, including Mr. Kelly, some control and influence over who the president talks to and when.

Instead, some of his friends have taken to calling Melania Trump and asking her to pass messages to her husband, according to two people familiar with the matter. They say that since she arrived in the White House from New York in the summer, the first lady has taken on a more central role as a political adviser to the president.

“If I don’t want to wait 24 hours for a call from the president, getting to Melania is much easier,” one person said. [Continue reading…]

Facebooktwittermail