Category Archives: Congress

House Intelligence Chairman Devin Nunes recuses himself from Russia probe

The Washington Post reports: House Intelligence Committee Chairman Devin Nunes (R-Calif.) temporarily recused himself Thursday from all matters related to the committee’s ongoing probe into Russian interference in the presidential election, as House investigators look into ethics charges against him.

The House Ethics Committee released a statement Thursday saying it had “determined to investigate” allegations that “Nunes may have made unauthorized disclosures of classified information, in violation of House Rules, law, regulations, or other standards of conduct.”

Nunes denied the charges as “entirely false and politically motivated,” blaming “several leftwing activist groups” for filing complaints with the Office of Congressional Ethics. Nunes said his recusal — which applies only to the committee’s Russia investigation — would be in effect while the House Ethics Committee looks into the matter. He noted that he has asked to speak with that committee “at the earliest possible opportunity in order to expedite the dismissal of these false claims.” [Continue reading…]

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Trump’s handling of Syria has some Senate Republicans very concerned

Amber Phillips writes: Foreign policy rarely falls neatly along partisan lines — President Barack Obama never got his prized Pacific trade deal through Congress because of opposition from Democrats, for example.

But the criticism from some powerful Senate Republicans this week as to how President Trump is responding to his first major international test — Syrian President Bashar al-Assad’s apparent deadly chemical weapon attack on his own people — is louder, more direct than normal and very eyebrow-raising. And it suggests that in the eyes of these GOP foreign-policy leaders, Trump has failed his first test in a very dangerous way.

On Tuesday, Trump issued a wishy washy statement that blamed President Barack Obama for the chemical attack.

In an interview Wednesday with local radio “AM Tampa Bay,” Sen. Marco Rubio (R-Fla.), a member of the Senate Foreign Relations Committee, placed the blame right back on the Trump administration: specifically at the feet of Trump’s secretary of state, Rex Tillerson. Rubio accused Tillerson of giving Assad a complicit green light to launch a chemical attack that killed dozens, including women and children, when he suggested days earlier the United States would let Assad stay in power.

“I don’t think it’s a coincidence that a few days later we see this,” Rubio said of the chemical attack on the heels of Tillerson’s comments in Turkey that Assad’s fate “will be decided by the Syrian people.” Earlier, Rubio said that “it’s concerning that the secretary of state … said that the future’s up to the people in Syria on what happens with Assad. In essence almost nodding to the idea that Assad was going to get to stay in some capacity.” [Continue reading…]

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The government Gorsuch wants to undo

Emily Bazelon and Eric Posner write: At recent Senate hearings to fill the Supreme Court’s open seat, Judge Neil Gorsuch came across as a thoroughly bland and nonthreatening nominee. The idea was to give as little ammunition as possible to opponents when his nomination comes up this week for a vote, one that Senate Democrats may try to upend with a filibuster.

But the reality is that Judge Gorsuch embraces a judicial philosophy that would do nothing less than undermine the structure of modern government — including the rules that keep our water clean, regulate the financial markets and protect workers and consumers. In strongly opposing the administrative state, Judge Gorsuch is in the company of incendiary figures like the White House adviser Steve Bannon, who has called for its “deconstruction.” The Republican-dominated House, too, has passed a bill designed to severely curtail the power of federal agencies.

Businesses have always complained that government regulations increase their costs, and no doubt some regulations are ill-conceived. But a small group of conservative intellectuals have gone much further to argue that the rules that safeguard our welfare and the orderly functioning of the market have been fashioned in a way that’s not constitutionally legitimate. This once-fringe cause of the right asserts, as Judge Gorsuch put it in a speech last year, that the administrative state “poses a grave threat to our values of personal liberty.”

The 80 years of law that are at stake began with the New Deal. President Franklin D. Roosevelt believed that the Great Depression was caused in part by ruinous competition among companies. In 1933, Congress passed the National Industrial Recovery Act, which allowed the president to approve “fair competition” standards for different trades and industries. The next year, Roosevelt approved a code for the poultry industry, which, among other things, set a minimum wage and maximum hours for workers, and hygiene requirements for slaughterhouses. Such basic workplace protections and constraints on the free market are now taken for granted. [Continue reading…]

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Window closing for Congress to roll back Obama-era regulations

The Hill reports: The window for Republicans to roll back Obama-era rules is closing.

Under the Congressional Review Act, Congress has a brief period of time to quickly revoke regulations passed in the final months of Barack Obama’s administration.

The deadline to introduce resolutions of disapproval on Obama rules elapsed Thursday, according to regulatory experts and a post on the Senate Republican Policy Committee’s website.

The GOP now has about five weeks to vote on the regulations previously introduced for repeal under CRA.

Since the start of the new Congress, Republicans have used this obscure law from 1996 to repeal 13 regulations that were finalized between June 13, 2016 and January 3, 2017. [Continue reading…]

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These are the right people to get the truth about Russia — and do it quickly

Suzanne Spaulding writes: Most Senate committees adjust the number of majority and minority seats they include in proportion to the overall Senate and have a member of the majority preside if the committee chairman is not present. The Intelligence Committee, on the other hand, is required to have a majority of only one seat, and in the chairman’s absence the vice chairman, chosen from the minority party, presides. Importantly, the vice chairman can issue a subpoena without the chairman, so long as it is “authorized by the committee.’’ As few as one-third of committee members constitute a quorum, and decisions of the committee require only a majority of those present and voting. This helps achieve a greater balance of power that fosters bipartisanship.

By tradition, the Senate’s leadership tends to take care in appointing members to the Intelligence Committee, understanding that the committee can do its work only if it maintains the trust of the intelligence community and the public. The members of the committee also need the trust of their colleagues, who will not have ready access to the intelligence shared daily with the committee. At the moment, the Senate Intelligence Committee’s members tend to be less ideological than their respective caucuses, and the committee has a better record than many others of operating in a bipartisan fashion. [Continue reading…]

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Michael Flynn’s immunity request rejected by Senate Intelligence Committee

NBC News reports: The Senate Intelligence Committee turned down the request by former National Security Adviser Michael Flynn’s lawyer for a grant of immunity in exchange for his testimony, two congressional sources told NBC News.

A senior congressional official with direct knowledge said Flynn’s lawyer was told it was “wildly preliminary” and that immunity was “not on the table” at the moment. A second source said the committee communicated that it is “not receptive” to Flynn’s request “at this time.” [Continue reading…]

Alex Whiting writes: The Wall Street Journal is reporting that former National Security Advisor Mike Flynn told the FBI and Congress that he is willing to testify in exchange for immunity. But it’s not a serious offer, and it suggests he has nothing to say (or is not willing to say anything that would incriminate others). Although Flynn’s lawyer, Robert Kelner of Covington & Burling, refused to comment for the article, he tweeted out a statement teasing that “General Flynn certainly has a story tell, and he very much wants to tell it, should the circumstances permit.”

As an experienced lawyer, Kelner will know that the Justice Department would never grant immunity for testimony on these terms. Prosecutors would first require that Flynn submit to what’s called a proffer session in which Flynn would agree to tell everything he knows in exchange for the prosecutors agreeing not to use his statement against him. Only after the prosecutors heard what Flynn could offer in terms of evidence against others, and had an opportunity to assess his credibility, would they be willing to discuss any grants of immunity or a cooperation deal. At a minimum, the prosecutors would require Flynn’s lawyer to make a proffer outlining the information that Flynn could provide.

The fact that Flynn and his lawyer have made his offer publicly suggests that he has nothing good to give the prosecutors (either because he cannot incriminate others or is unwilling to do so). If he had something good, Flynn and his lawyer would approach the prosecutors quietly, go through the proffer process in confidence, and reach a deal. Why? Because prosecutors have an interest in keeping their investigation secret, and Flynn’s lawyer knows that. The last thing Flynn’s lawyer would do if he thought he had the goods would be to go public, because that would potentially compromise the criminal inquiry and would certainly irritate the prosecutors, the very people Flynn’s lawyer would be trying to win over. [Continue reading…]

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Trump’s failing presidency has the GOP in a free fall

Michael Gerson writes: Republicans got an administration that is incompetent. The White House policy process has been erratic and disorganized. It has failed to provide expert analysis or assistance to Congress and did little to effectively advocate the president’s policy in ways that could have united the party.

Republicans got an administration that is morally small. Trump’s proposed budget would require massive cuts in disease research, global development and agricultural programs — just as a famine gathers a hideous strength. The proposed budget practices random acts of gratuitous cruelty.

This is a pretty bad combination: empty, easily distracted, vindictive, shallow, impatient, incompetent and morally small. This is not the profile of a governing party. [Continue reading…]

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Is the Trump White House spying on the FBI?

Barton Gellman writes: If Nunes saw reports that named Trump or his associates, as he said, the initiative for naming names did not come from the originating intelligence agency. That is not how the process works. The names could only have been unmasked if the customers—who seem in this case to have been Trump’s White House appointees—made that request themselves. If anyone breached the president’s privacy, the perpetrators were working down the hall from him. (Okay, probably in the Eisenhower Executive Office Building next door.) It is of course hypocritical, even deceptive, for Nunes to lay that blame at the feet of intelligence officials, but that is not the central concern either.

If events took place as just described, then what exactly were Trump’s appointees doing? I am not talking only about the political chore of ginning up (ostensible) support for the president’s baseless claims about illegal surveillance by President Obama. I mean this: why would a White House lawyer and the top White House intelligence adviser be requesting copies of these surveillance reports in the first place? Why would they go on to ask that the names be unmasked? There is no chance that the FBI would brief them about the substance or progress of its investigation into the Trump campaign’s connections to the Russian government. Were the president’s men using the surveillance assets of the U.S. government to track the FBI investigation from the outside? [Continue reading…]

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Flynn and Trump’s views on immunity, crimes, and FBI investigations

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Flynn offers to testify in Trump-Russia probe in exchange for immunity

The Wall Street Journal reports: Mike Flynn, President Donald Trump’s former national security adviser, has told the Federal Bureau of Investigation and congressional officials investigating the Trump campaign’s potential ties to Russia that he is willing to be interviewed in exchange for a grant of immunity from prosecution, according to officials with knowledge of the matter.

As an adviser to Mr. Trump’s presidential campaign, and later one of Mr. Trump’s top aides in the White House, Mr. Flynn was privy to some of the most sensitive foreign-policy deliberations of the new administration and was directly involved in discussions about the possible lifting of sanctions on Russia imposed by the Obama administration.

He has made the offer to the FBI and the House and Senate intelligence committees though his lawyer but has so far found no takers, the officials said. [Continue reading…]

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Two White House officials helped give Nunes intelligence reports

The New York Times reports: A pair of White House officials helped provide Representative Devin Nunes of California, a Republican and the chairman of the House Intelligence Committee, with the intelligence reports that showed that President Trump and his associates were incidentally swept up in foreign surveillance by American spy agencies.

The revelation on Thursday that White House officials disclosed the reports, which Mr. Nunes then discussed with Mr. Trump, is likely to fuel criticism that the intelligence chairman has been too eager to do the bidding of the Trump administration while his committee is supposed to be conducting an independent investigation of Russia’s meddling in the presidential election.

It is the latest twist of a bizarre Washington drama that began after dark on March 21, when Mr. Nunes got a call from a person he has described only as a source. The call came as he was riding across town in an Uber car, and he quickly diverted to the White House. The next day, Mr. Nunes gave a hastily arranged news conference before running off to brief Mr. Trump on what he had learned the night before from — as it turns out — White House officials.

The chain of events — and who helped provide the intelligence to Mr. Nunes — was detailed to The New York Times by four American officials.

Since disclosing the existence of the intelligence reports, Mr. Nunes has refused to identify his sources, saying he needed to protect them so others would feel safe coming to the committee with sensitive information. In his public comments, he has described his sources as whistle-blowers trying to expose wrongdoing at great risk to themselves.

That does not appear to be the case. Several current American officials identified the White House officials as Ezra Cohen-Watnick, the senior director for intelligence at the National Security Council, and Michael Ellis, a lawyer who works on national security issues at the White House Counsel’s Office and was previously counsel to Mr. Nunes’s committee. Though neither has been accused of breaking any laws, they do appear to have sought to use intelligence to advance the political goals of the Trump administration. [Continue reading…]

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Congress’s vote to eviscerate Internet privacy could give the FBI massive power

Paul Ohm writes: Many are outraged about congressional efforts to eviscerate Internet privacy regulations set by the Federal Communications Commission under President Barack Obama. But a frightening aspect to the bill remains underappreciated: If signed, it could result in the greatest legislative expansion of the FBI’s surveillance power since 2001’s Patriot Act.

Don’t believe anyone who suggests that the law merely returns us to the state of the world before the FCC finalized its landmark privacy rules in October. The obvious reason Internet service providers burned through time, money, political capital and customer goodwill to push for this law was to ask for a green light to engage in significantly more user surveillance than they had ever before had the audacity to try.

This must be the reason, because on paper, the law accomplishes little. President Trump’s handpicked choice to head the FCC, Ajit Pai, already began work to roll back these rules in a more orderly fashion. Make no mistake: ISPs aren’t just asking for relief from a supposedly onerous rule; they want Congress’s blessing. Once Trump signs the bill, diminishing the FCC’s power to police privacy online, ISPs will feel empowered — perhaps even encouraged — by Republicans (no Democrats voted for this measure) to spy on all of us as they never have before. And spy they will. [Continue reading…]

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Senate intelligence leaders pledge bipartisan Trump-Russia inquiry

Reuters reports: The Republican chairman of the U.S. Senate Intelligence Committee on Wednesday promised a thorough investigation into any direct links between Russia and Republican Donald Trump during his successful 2016 run for the White House.

Committee Chairman Richard Burr and Mark Warner, its top Democrat, pledged at a joint news conference that they would work together, in contrast with the partisan discord roiling a similar probe by the House of Representatives Intelligence Committee.

Burr was asked if the Senate panel wanted to determine if there was anything suggesting a direct link to Trump, and responded: “We know that our challenge is to answer that question for the American people.”

Trump’s young presidency has been clouded by allegations from U.S. intelligence agencies that Russia sought to help him win, while connections between his campaign personnel and Russia also are under scrutiny. Trump dismisses such assertions and Russia denies the allegations.

The Senate committee intends to begin interviewing as many as 20 people, including Jared Kushner, Trump’s son-in-law and one of his closest advisers, beginning as early as Monday.

Burr served as a security adviser to Trump’s campaign but said he had not coordinated with him on the scope of the committee’s investigation. He insisted he could remain objective.

Burr declined to go along with the White House’s denial of collusion between the campaign and Russian hackers, who U.S. intelligence officials believe favored Trump in last year’s campaign at the expense of Democratic challenger Hillary Clinton.

Warner and Burr both stressed the importance of exposing the activity of Russian hackers, which Warner said included reports of “upwards of 1,000 paid Internet trolls” who spread false negative stories about Clinton. [Continue reading…]

Aaron Blake writes: Americans live in two realities when it comes to the Russia investigation. On one side is the intelligence community, and on the other is a Republican Party that very much believes President Trump’s alternative facts.

Including, apparently, that Trump’s offices were wiretapped during the 2016 presidential campaign.

A new CBS poll shows that three in four Republicans believe it’s at least “somewhat likely” that Trump’s offices were wiretapped or under some kind of surveillance during the race. Although 35 percent think it’s “very likely,” 39 percent say it’s “somewhat likely.” About half (49 percent) of independents also say it’s at least “somewhat likely.” [Continue reading…]

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How the White House and the Republicans blew up the House Russia investigation

Ryan Lizza writes: The evidence is now clear that the White House and Devin Nunes, the chairman of the House Intelligence Committee, have worked together to halt what was previously billed as a sweeping investigation of Russian interference in last year’s election. “We’ve been frozen,” Jim Himes, a Democratic representative from Connecticut who is a member of the Committee, said.

The freeze started after last Monday’s hearing, where James Comey, the director of the Federal Bureau of Investigation, revealed that the F.B.I. has been investigating possible collusion between the Trump campaign and Russia since last July. Comey also said that there was no evidence to support Trump’s tweets about being wiretapped.

Today, the House panel was scheduled to hear from three top officials who had served under the Obama Administration: Sally Yates, the former Deputy Attorney General, who briefly served as acting Attorney General, before being fired by President Trump; John Brennan, the former head of the C.I.A.; and James Clapper, the former director of national intelligence. But last week Nunes cancelled today’s hearing.

“The Monday hearing last week was, I’m sure, not to the White House’s liking,” said Himes. “Since Monday, I’m sorry to say, the chairman has ceased to be the chairman of an investigative committee and has been running interference for the Trump White House, cancelling hearings.” [Continue reading…]

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Devin Nunes says he will continue to lead Russia inquiry

The New York Times reports: The Republican chairman of the House Intelligence Committee rebuffed calls on Tuesday to recuse himself from the panel’s investigation into Russian meddling in the presidential election, as Democrats accused him of stalling the inquiry by canceling the committee’s meetings.

Representative Devin Nunes of California, the chairman, said he would continue to lead the House investigation despite accusations from Democrats — including his committee’s ranking member, Representative Adam B. Schiff of California — that he is too close to President Trump to conduct an impartial inquiry.

“Why would I not?” Mr. Nunes told reporters on Tuesday morning. Pressed about concerns from Democrats, he added, “That sounds like their problem.”

The announcement that the committee would not hold a closed-door meeting on Tuesday as expected with James B. Comey, the F.B.I. director; and Adm. Michael S. Rogers, the director of the National Security Agency — a briefing Mr. Nunes insisted needed to happen before the committee could move forward with its public hearings — startled some Democrats. They added that the cancellations went further, including a regular meeting later in the week.

“Effectively, what has happened is the committee’s oversight, the oversight of our national intelligence apparatus, has come to a halt because of this particular issue,” he said. [Continue reading…]

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The House just voted to wipe away the FCC’s landmark Internet privacy protections

The Washington Post reports: Congress sent proposed legislation to President Trump on Tuesday that wipes away landmark online privacy protections, the first salvo in what is likely to become a significant reworking of the rules governing Internet access in an era of Republican dominance.

In a party-line vote, House Republicans freed Internet service providers such as Verizon, AT&T and Comcast of protections approved just last year that had sought to limit what companies could do with information such as customer browsing habits, app usage history, location data and Social Security numbers. The rules also had required providers to strengthen safeguards for customer data against hackers and thieves.

The Senate has voted to nullify those measures, which were set to take effect at the end of this year. If Trump signs the legislation as expected, providers will be able to monitor their customers’ behavior online and, without their permission, use their personal and financial information to sell highly targeted ads — making them rivals to Google and Facebook in the $83 billion online advertising market.

The providers could also sell their users’ information directly to marketers, financial firms and other companies that mine personal data — all of whom could use the data without consumers’ consent. In addition, the Federal Communications Commission, which initially drafted the protections, would be forbidden from issuing similar rules in the future. [Continue reading…]

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Trump administration sought to block Sally Yates from testifying to Congress on Russia

The Washington Post reports: The Trump administration sought to block former acting attorney general Sally Yates from testifying to Congress in the House investigation of links between Russian officials and Donald Trump’s presidential campaign, The Washington Post has learned, a position that is likely to further anger Democrats who have accused Republicans of trying to damage the inquiry.

According to letters The Post reviewed, the Justice Department notified Yates earlier this month that the administration considers a great deal of her possible testimony to be barred from discussion in a congressional hearing because the topics are covered by the presidential communication privilege.

Yates and other former intelligence officials had been asked to testify before the House Intelligence Committee this week, a hearing that Chairman Devin Nunes (R-Calif.) abruptly canceled. Yates was the deputy attorney general in the final years of the Obama administration, and served as the acting attorney general in the first days of the Trump administration. [Continue reading…]

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Swalwell on Nunes: ‘This is what a cover-up to a crime looks like’

Politico reports: House Intelligence Committee chairman Devin Nunes’ announcement last week that officials from the transition team of President Donald Trump had been inadvertently surveilled by the U.S. intelligence community came at the behest of the White House, Rep. Eric Swalwell said Tuesday morning.

Nunes (R-Calif.) confirmed Monday that he had traveled to the White House to meet with his still-unnamed source on the day before he made his announcement but denied that the public disclosure was coordinated in any way with Trump administration officials. The White House, Nunes said in a CNN interview, simply served as a secure location for reviewing classified information and “I’m quite sure that I think people in the West Wing had no idea that I was there.”

But Swalwell (D-Calif.), also a member of the House Intelligence Committee, disputed the chairman’s argument Tuesday on MSNBC’s “Morning Joe.” “It’s not an internet cafe. You can’t just walk in and receive classified information,” Swalwell said of the White House, adding that when a member of Congress visits, “everyone in the building knows that you’re there in the building.”

“This is done because the White House wanted it to be done,” the California Democrat said. “And this is what a cover-up to a crime looks like. We are watching it play out right now.” [Continue reading…]

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