Ronald Rotunda writes: Nearly two decades ago, then-independent counsel Kenneth Starr asked me to evaluate whether a federal grand jury could indict a sitting president — in that case, Bill Clinton. My answer — that such an action would be permissible — was recently unearthed in response to a Freedom of Information Act request from the New York Times, and it may have relevance for a new special counsel and the current president.
My fundamental conclusion remains intact: Nothing in the Constitution would bar a federal grand jury from returning charges against a sitting president for committing a serious felony. But — and this is a big but — differences between the Clinton situation then and the investigation of President Trump now mean that where Starr had the authority to indict Clinton if he chose, Mueller most likely does not possess the same power.
On the underlying question of whether the Constitution bars indictment of a sitting president, no previous case is directly on point. The Justice Department has taken a different view than the conclusion I reached — both beforehand, during the Watergate investigation, and afterward, at the end of the Clinton administration. But the history and language of the Constitution and Supreme Court precedents suggest that the president does not enjoy general immunity from prosecution. [Continue reading…]
Category Archives: US government
Russia seizes 2 U.S. properties and orders embassy to cut staff
The New York Times reports: Russia took its first steps on Friday to retaliate against proposed American sanctions for Moscow’s suspected meddling in the 2016 election, seizing two American diplomatic properties and ordering the United States Embassy to reduce staff by September.
The moves, which Russia had been threatening for weeks, came a day after the United States Senate approved a measure to expand economic sanctions against Russia, as well as against Iran and North Korea. The bill, mirroring one passed by the House on Tuesday, now goes to President Trump for his signature.
In its statement, the Russian Foreign Ministry noted that the United States Congress had voted to toughen sanctions. “This yet again attests to the extreme aggressiveness of the United States when it comes to international affairs,” the statement said.
Dmitri S. Peskov, the spokesman for President Vladimir V. Putin, said the Russian leader had signed off on the measures despite saying a day earlier that he would wait for the final version of the law before taking any such steps.
The version that emerged from the Senate vote late Thursday seemed to be the final version, Mr. Peskov noted, and the White House has already suggested that it might reject this law in favor of something even more onerous.
“The White House said that the bill could be toughened, so it doesn’t change the essence of the situation,” Mr. Peskov said. [Continue reading…]
Trump’s threat to the institutional integrity and independence of the attorney general
Joshua Zeitz writes: President Trump’s condemnation of his own attorney general may seem bizarre and unprecedented, but here’s something many in America’s gobsmacked chattering class are forgetting: The vaunted independence of the Justice Department took over a century to build, and it’s a far more fragile institution than we realize.
The spectacle of Trump attacking Jeff Sessions, one of his earliest and most stalwart supporters, as “beleaguered” and “unfair” is certainly jarring. The president seemingly cannot help but vent his frustration over the attorney general’s decision to step aside in the Department of Justice’s probe into Russian election interference—a step that led indirectly to the appointment of special counsel Robert Mueller. If Sessions “would have recused himself before the job,” Trump told the (“failing”) New York Times. “I would have said ‘Thanks, Jeff, but I’m not going to take you.’”
The prospect that the president might fire Sessions, whose immigration policies and draconian approach to law enforcement are anathema to the left, places Democrats in an unusual position. They despise the attorney general but find themselves bound to protect the independence of his office. But the real test lies with Republicans, who have largely looked the other way as Trump has laid waste to one political norm after another. Will they draw a sharp line in the sand, or bury their heads in it?
It took well over a century for the office of the attorney general to accrue the very power and independence that Trump now stands poised to blow up. Originally a minor position with little authority or autonomy, over the years the AG emerged as the nation’s top law enforcement official and a key adviser to the president. The office withstood considerable strain in the latter quarter of the 20th century. But like so many civic institutions today, it is imperiled precisely because it is largely the product of traditions, and administrative rules that capture those traditions, rather than permanent statutes or laws. Once broken, it may not be so easily reassembled. [Continue reading…]
With new sanctions, Senate forces Trump’s hand on Russia
The New York Times reports: The Senate on Thursday approved sweeping sanctions against Russia, forcing President Trump to decide whether to accept a tougher line against Moscow or issue a politically explosive veto amid investigations into ties between his presidential campaign and Russian officials.
The Senate vote, 98-2, followed the passage of a House bill earlier this week to punish Russia, Iran and North Korea for various violations by each of the three American adversaries. In effect, it would sharply limit the president’s ability to suspend or lift sanctions on Russia, and won near unanimous support across the Republican-led Congress.
Mr. Trump’s team has argued it needs flexibility to pursue a more collaborative diplomacy with Russia which, by American intelligence consensus, interfered in last year’s presidential election. But now the president will face a decision he had hoped to avoid as the legislation slowly churned through Congress.
White House aides have acknowledged privately that a veto would be politically awkward — at the least — for Mr. Trump to justify during the continuing investigations into whether his campaign colluded with Moscow. [Continue reading…]
Reuters reports: Russia risks being saddled with U.S. sanctions for decades, curbing economic growth and preventing it from regaining its status as a leading economic power, an adviser to President Vladimir Putin said in an interview.
Alexei Kudrin told Reuters that the current proposed tightening of sanctions in Washington should not have any serious impact. But he called for a major structural reform program after the 2018 presidential election.
He said that was the only way for Russia to return to growth of more than 2 percent a year.
Putin has not yet said whether he will run for re-election next year, but is widely expected to do so and to win what would be a fourth term as president. [Continue reading…]
Joint Chiefs: ‘No modifications’ to transgender policy from Trump tweet
Politico reports: There will be “no modifications” to the military’s transgender policy as a result of President Donald Trump’s declared ban on transgender men and women on Twitter, the chairman of the joint chiefs said in a message to top military officers on Thursday — the latest sign of the disarray following the commander in chief’s abrupt announcement.
Marine Gen. Joe Dunford also wrote in the message, which was sent to the chiefs of the military branches and senior enlisted leaders, that the military will continue to “treat all of our personnel with respect.”
“I know there are questions about yesterday’s announcement on the transgender policy by the President,” Dunford wrote in the internal communication, a copy of which was provided to POLITICO. “There will be no modifications to the current policy until the President’s direction has been received by the Secretary of Defense and the Secretary has issued implementation guidance.”
“In the meantime, we will continue to treat all of our personnel with respect. As importantly, given the current fight and the challenges we face, we will all remain focused on accomplishing our assigned missions,” he continued. [Continue reading…]
Cost of transgender medical services in military, minimal; cost of an imbecile as commander-in-chief, incalculable
The New York Times reports: The president, Ms. Sanders said, had concluded that allowing transgender people to serve openly “erodes military readiness and unit cohesion, and made the decision based on that.”
Mr. Mattis, who was on vacation, was silent on the new policy. People close to the defense secretary said he was appalled that Mr. Trump chose to unveil his decision in tweets, in part because of the message they sent to transgender active-duty service members, including those deployed overseas, that they were suddenly no longer welcome.
The policy would affect only a small portion of the approximately 1.3 million active-duty members of the military. Some 2,000 to 11,000 active-duty troops are transgender, according to a 2016 RAND Corporation study commissioned by the Pentagon, though estimates of the number of transgender service members have varied widely, and are sometimes as high as 15,000.
The study found that allowing transgender people to serve openly in the military would “have minimal impact on readiness and health care costs” for the Pentagon. It estimated that health care costs would rise $2.4 million to $8.4 million a year, representing an infinitesimal 0.04 to 0.13 percent increase in spending. Citing research into other countries that allow transgender people to serve, the study projected “little or no impact on unit cohesion, operational effectiveness or readiness” in the United States.
Lt. Commander Blake Dremann, a Navy supply corps officer who is transgender, said he found out his job was in danger when he turned on CNN on Wednesday morning. Commander Dremann came out as transgender to his commanders in 2015, and said they had been supportive of him.
He refused to criticize Mr. Trump — “we don’t criticize our commander in chief,” he said — but said the policy shift “is singling out a specific population in the military, who had been assured we were doing everything appropriate to continue our honorable service.”
He added: “And I will continue to do so, until the military tells me to hang up my boots.”
The announcement came amid the debate on Capitol Hill over the Obama-era practice of requiring the Pentagon to pay for medical treatment related to gender transition. Representative Vicky Hartzler, Republican of Missouri, has proposed an amendment to the spending bill that would bar the Pentagon from spending money on transition surgery or related hormone therapy, and other Republicans have pressed for similar provisions.
Mr. Mattis had worked behind the scenes to keep such language out of legislation, quietly lobbying Republican lawmakers not to attach the prohibitions, according to congressional and defense officials. [Continue reading…]
I served for 25 years and never served with a Trump … pathetic for 5-Deferment @realDonaldTrump to ban anyone with patriotism he lacked. pic.twitter.com/1NN31MXOF0
— Col. Morris Davis (@ColMorrisDavis) July 26, 2017
Trump talks privately about the idea of a recess appointment to replace Sessions
The Washington Post reports: President Trump has discussed with confidants and advisers in recent days the possibility of installing a new attorney general through a recess appointment if Jeff Sessions leaves the job, but he has been warned not to move to push him out because of the political and legal ramifications, according to people briefed on the conversations.
Still raging over Sessions’s recusal from the Justice Department’s escalating Russia investigation, Trump has been talking privately about how he might replace Sessions and possibly sidestep Senate oversight, four people familiar with the issue said.
Two of those people, however, described Trump as musing about the idea rather than outlining a plan of action, and a senior White House official said no action is imminent. Several people familiar with the discussions said that Trump’s fury peaked over the weekend and that he and Sessions now seem to be heading toward an uneasy detente.
When asked Wednesday about the president’s discussions of a recess appointment, the White House released a one-sentence denial from Trump: “More fake news from the Amazon Washington Post.” The Washington Post is owned by Jeffrey P. Bezos, the founder and chief executive of Amazon.
Those who have discussed Sessions this week with Trump or with top West Wing officials have drawn different conclusions from their conversations — in part because the president ruminates aloud and floats hypotheticals, often changing his views hour to hour. [Continue reading…]
The military spends five times as much on Viagra as it would on transgender troops’ medical care
Christopher Ingraham writes: On Twitter this morning, President Trump announced a ban on transgender people serving in the military, citing “medical costs” as the primary driver of the decision.
“Our military must be focused on decisive and overwhelming victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail,” the president wrote.
While Trump didn’t offer any numbers to support this claim, a Defense Department-commissioned study published last year by the Rand Corp. provides exhaustive estimates of transgender servicemembers’ potential medical costs.
Considering the prevalence of transgender servicemembers among the active duty military and the typical health-care costs for gender-transition-related medical treatment, the Rand study estimated that these treatments would cost the military between $2.4 million and $8.4 million annually.
The study didn’t include estimates of these costs for reservists, because of their “highly limited military health care eligibility.” It also didn’t include estimates for retirees or military family members, because many of those individuals may also have “limited eligibility” for care via military treatment facilities.
“The implication is that even in the most extreme scenario that we were able to identify … we expect only a 0.13-percent ($8.4 million out of $6.2 billion) increase in health care spending,” Rand’s authors concluded.
By contrast, total military spending on erectile dysfunction medicines amounts to $84 million annually, according to an analysis by the Military Times — 10 times the cost of annual transition-related medical care for active duty transgender servicemembers.
The military spends $41.6 million annually on Viagra alone, according to the Military Times analysis — roughly five times the estimated spending on transition-related medical care for transgender troops. [Continue reading…]
We’ve been here before: Discriminating against those who volunteer to serve
Bishop Garrison writes: On the anniversary of the day President Harry Truman desegregated the military, President Donald Trump announced, via Twitter, that the United States military would no longer welcome or support the service of transgender American citizens. As a nation, we have been here before. For generations, the military marginalized minorities, forcing them to serve separately or even in secret, before it finally got it right. And even in those tumultuous times, they still served and did so with honor and dignity. My family’s history and its service in the military is a testament to this. We have watched, over three generations, as the military stamped out discrimination and internalized this lesson: Your race, class, gender or sexual orientation has nothing to do with your fitness to serve.
During my first deployment in Iraq, I was stationed at Al Asad airbase in Anbar Province in Iraq. Part of my unit’s mission was to maintain security along one of the main supply routes so that convoys, which mostly traveled under the cover of darkness at night, could safely operate. We worked well with local police and sheikhs, and for many months things remained generally quiet. Then we began finding bombs on the side of the road. We didn’t have a name for them then, but later the technical term of Improvised Explosive Device, or IED, would emerge, and our time in the desert would never be same. After my first tour, almost a full year in the Iraqi desert, my father wanted to discuss what my time was like there.
My dad, Bishop Sr., or “Big Bishop,” was a gregarious, funny, and charming man. He was drafted into the Army to fight in Vietnam in the late 1960s, and was forced to leave early from, what was then, South Carolina State College. For his service in Vietnam, he received a Bronze Star as a young Specialist with the First Calvary Division. Given his abilities and performance, he was asked to remain in the Army and become an officer. My father respectfully declined. At that time, the Army was a very different place, and the U.S. was only a few years removed from the signing of the Civil Rights Act. He also wanted to get home to his family and marry his high school sweetheart, my mother, whom he’d left behind to go to Vietnam. He eventually would go on to serve as a veteran employment specialist with the state of South Carolina for the next 32 years, helping veterans transition to civilian jobs as they exited military service.
After I returned from Iraq, and was alone with my father, we began sharing stories we’d never told any of our family members about our military experiences. We discussed our fears, our concerns, and the issues we had to deal with as young men deployed to combat zones. There was one thing we both had learned during our time at war: Nothing was more important than the ability to trust the person fighting next to you. Given what was going on in the U.S. in the 1960s, my father told me it was hard for an enlisted black man from the Deep South to trust that the white men serving next to him had his best interests at heart, and that they would have his back. Our country was just beginning to recognize people of color as full-fledged citizens at the same time my father fought to protect its interests and the interests of its allies. As time progressed, he matured and his beliefs evolved thanks to his experience fighting and training with those same men he first met with suspicion. He learned they were no different from him. They all feared not making it home. They each had parents, wives, and high school sweethearts waiting for them. If you could zero your rifle, or drive a jeep, or work on a towable Howitzer fire team, or man the door gun on a Huey, no one had the time or the interest to worry about the rest. That focus and dedication led him to making lifelong friends, who still occasionally send me their condolences on his passing in 2012. Those same experiences taught him that at the end of the day, it was character and shared values that drives us as soldiers and Americans. [Continue reading…]
Defeated anti-Muslim amendment a sign of Trump’s normalizing of Islamophobia
Faiza Patel, Margot Adams and Emily Hockett write: Recently, the House of Representatives narrowly voted down an amendment to the annual defense spending bill that targeted the Islamic faith. Sponsored by Arizona Republican Trent Franks, the amendment instructed Defense Secretary James Mattis to conduct a strategic assessment of the use of “violent or unorthodox Islamic religious doctrine to support extremist or terrorist messaging and justification.” The Defense Department would have been required to identify “Islamic religious doctrines, concepts, or schools of thought” used by various extremist groups, and provide recommendations for identifying “key thought leaders or proponents” of these doctrines. The amendment failed in the face of strenuous opposition by every House Democrat as well as 27 Republicans and numerous advocacy organizations.
It is, of course, sensible for the government to study the motivations of terrorist groups that seek to harm us. Indeed, the U.S. government has been studying the belief systems of terrorists for years. The Franks amendment is fundamentally flawed, however, in that it assumes that “unorthodox Islamic religious doctrine” is the motive, to the exclusion of all others. It’s not unique in this regard. Government officials from both parties have long sought to frame political violence in the Muslim world as primarily one of religious “extremism” or “radicalization,” to avoid a broader evaluation of U.S. foreign policy and U.S. support for autocratic, and often brutally suppressive, regimes in the region as sources of instability and anti-American sentiment.
Coming on the heels of President Donald Trump’s speech in Warsaw, which described terrorism carried out in the name of Islam and the refugee crisis as an assault on “Western values,” and combined with the overall anti-Muslim tenor of the current administration, the Franks amendment simply continues the narrative of counterterrorism as a civilizational struggle—a narrative that Franks himself has long embraced—laying the blame for the violence of a relative few at the doorstep of a faith practiced by almost two billion people around the world. As Rep. Ruben Gallego (a former Marine infantryman), speaking against the Franks amendment on the House floor, said, “By singling out a faith tradition…we are sending a dangerous message and signal that America is at war with Islam.” [Continue reading…]
The standoff between Trump and Sessions escalates
The Washington Post reports: The public standoff between the White House and the nation’s senior law enforcement official took another strange turn Tuesday as President Trump escalated his verbal attacks on Attorney General Jeff Sessions, who was urged by fellow conservatives to stand his ground.
Trump was asked at a Rose Garden news conference if he would fire the attorney general, who angered the president by recusing himself from the criminal probe into possible connections between the Trump campaign and Russia.
“We’ll see what happens,’’ said Trump — a potentially ominous choice of phrase, considering the president used the same expression when talking to FBI Director James B. Comey before he was fired. [Continue reading…]
North Korea promises nuclear strike on U.S. if regime is threatened
CNN reports: North Korea threatened a nuclear strike on “the heart of the US” if it attempts to remove Kim Jong Un as Supreme Leader, Pyongyang’s state-run Korean Central News Agency (KCNA) reported Tuesday.
The threat was in response to comments from CIA Director Mike Pompeo, who said last week that the Trump administration needed to find a way to separate Kim from his growing nuclear stockpile.
“As for the regime, I am hopeful we will find a way to separate that regime from this system,” Pompeo said. “The North Korean people I’m sure are lovely people and would love to see him go.”
KCNA reported that a spokesman from the North Korean Foreign Ministry said, “The DPRK legally stipulates that if the supreme dignity of the DPRK is threatened, it must preemptively annihilate those countries and entities that are directly or indirectly involved in it, by mobilizing all kinds of strike means including the nuclear ones.” [Continue reading…]
The Washington Post reports: North Korea will be able to field a reliable, nuclear-capable intercontinental ballistic missile as early as next year, U.S. officials have concluded in a confidential assessment that dramatically shrinks the timeline for when Pyongyang could strike North American cities with atomic weapons.
The new assessment by the Pentagon’s Defense Intelligence Agency (DIA), which shaves a full two years off the consensus forecast for North Korea’s ICBM program, was prompted by recent missile tests showing surprising technical advances by the country’s weapons scientists, at a pace beyond which many analysts believed was possible for the isolated communist regime.
The U.S. projection closely mirrors revised predictions by South Korean intelligence officials, who also have watched with growing alarm as North Korea has appeared to master key technologies needed to loft a warhead toward targets thousands of miles away.
The finding further increases the pressure on U.S. and Asian leaders to halt North Korea’s progress before it can threaten the world with nuclear-tipped missiles. President Trump, during his visit to Poland earlier this month, vowed to confront Pyongyang “very strongly” to stop its missile advances. [Continue reading…]
Newsweek reports: While North Korea’s leadership celebrates its successful testing of a missile that it claims can strike the United States with a nuclear warhead, its citizens are facing the prospect of its worst drought in 16 years, which could lead to even greater food shortages in the isolated country.
A report from the United Nations Food and Agriculture Organization (FAO) released last week said that rainfall between the critical period of April to June was lower than for the same period in 2001, when cereal production reached an unprecedented low.
“More rains are urgently needed to avoid significant decreases in the main 2017 cereal production season,” the report said. “Should drought conditions persist, the food security situation is likely to further deteriorate.”
North Korea has long been criticized for spending a large proportion of its budget on developing weapons while failing to provide adequate food for its people. Between 2004 and 2014, it spent nearly a quarter of its gross domestic product on the military, by far the highest percentage relative to GDP of any country in the world. Meanwhile, two in five North Koreans are undernourished with more than two-thirds relying on food aid, according to the United Nations. [Continue reading…]
Jeff Sessions is growing ‘pissed’ at Trump, his allies say. And he doesn’t plan to quit
The Daily Beast reports: Attorney General Jeff Sessions has no plans to leave office, as friends say he’s grown angry with President Donald Trump following a series of attacks meant to marginalize his power and, potentially, encourage his resignation.
“Sessions is totally pissed off about it,” said a Sessions ally familiar with his thinking. “It’s beyond insane. It’s cruel and it’s insane and it’s stupid.”
Sessions’ allies say the president’s criticism of the attorney general is counterproductive. Perhaps more than any other member of Trump’s Cabinet, Sessions has been an uncompromising advocate for Trump’s agenda. [Continue reading…]
McClatchy reports: President Donald Trump is getting a bitter Washington lesson when he messes with Jeff Sessions – you don’t pick a fight with one of the Senate’s guys.
It’s a lesson that could cost him politically in a Senate where he badly needs Republican support for his lengthy agenda, starting with healthcare on Tuesday.
“I don’t understand it. There’s no more honorable person I’ve ever met in my life than Jeff Sessions,” said Sen. James Inhofe, R-Okla., a close friend of Sessions and his wife. “The only person who is more upset with Trump about this than me, is my wife.”
Sessions spent 20 years in the Senate, winning a reputation for affability and party loyalty. He understood and doggedly practiced the code of what’s been called the world’s most exclusive club: You can disagree without being disagreeable, but you protect the institution and its members. [Continue reading…]
Trump leaves Sessions twisting in the wind while berating him publicly
The Washington Post reports: President Trump and his advisers are privately discussing the possibility of replacing Attorney General Jeff Sessions, and some confidants are floating prospects who could take his place were he to resign or be fired, according to people familiar with the talks.
Members of Trump’s circle, including White House officials, have increasingly raised the question among themselves in recent days as the president has continued to vent his frustration with the attorney general, the people said.
Replacing Sessions is viewed by some Trump associates as potentially being part of a strategy to fire special counsel Robert S. Mueller III and end his investigation of whether the Trump campaign coordinated with the Kremlin to influence the 2016 election, according to the people, who spoke on the condition of anonymity because they were not authorized to comment publicly.
The president took another swipe at Sessions on Monday, calling his attorney general “our beleaguered A.G.” and asking why Sessions was not “looking into Crooked Hillary’s crimes & Russia relations?”
Both points are notable. Sessions was once considered one of Trump’s closest advisers and enjoyed access few others had. Now he is left to endure regular public criticism by his boss. [Continue reading…]
Rep. Dana Rohrabacher accused of violating U.S. sanctions on Russia
Business Insider reports: A new complaint filed with the Treasury’s Office of Foreign Asset Control alleges that California Rep. Dana Rohrabacher and his staff director, Paul Behrends, violated the Magnitsky Act when they tried to get Russia’s deputy general prosecutor, Victor Grin, removed from the US sanctions list last year.
The complaint was filed by US financier Bill Browder, the founder of Hermitage Capital Management, who spearheaded the Magnitsky Act in 2012 to punish Russian officials suspected of being involved in the death of his accountant, Sergey Magnitsky.
Magnitsky uncovered a $230 million tax fraud scheme in 2008 when he was working for Hermitage that implicated high-level Kremlin officials and allies of President Vladimir Putin. He was later thrown in jail by the same Interior Ministry officers he testified against during criminal proceedings to punish those involved in the tax scheme, Browder said in 2015, and died in custody after being held for 358 days.
Browder’s complaint rests largely on a Daily Beast report published last week alleging that Rohrabacher, a staunch defender of Russia and Putin, met with officials from the prosecutor general’s office in Moscow in April 2016. The report said he accepted a “confidential” document that Rohrabacher then used to try to undermine the Magnitsky Act on Capitol Hill. [Continue reading…]
Ryan: Special counsel Mueller ‘anything but’ a biased partisan
CNN reports: House Speaker Paul Ryan on Monday defended special counsel Robert Mueller, who is leading the investigation into Russian meddling in the 2016 election amid allegations by President Donald Trump that the investigation is a “witch hunt.”
Asked why Republicans aren’t defending the President, Ryan stressed that Mueller, a former FBI director under the George W. Bush and Barack Obama administrations, is “anything but” a biased partisan.
“Remember, Bob Mueller is a Republican who was appointed by a Republican, who served in the Republican administration and crossed over, I mean, and stayed on until his term ended. But — I don’t think many people are saying Bob Mueller is a person who is a biased partisan. He’s really sort of anything but,” the speaker said during a radio appearance on “The Jay Weber Show.”
“The point is, we have an investigation in the House, an investigation in the Senate, and a special counsel who sort of depoliticizes this stuff and gets it out of the political sphere, and that is, I think, better, to get this off to the side, I think the facts will vindicate themselves and then let’s just go do our job,” Ryan said.
The President tweeted as recently as Sunday that his fellow Republicans were not doing enough to “protect” him as the probe into Russian interference continues. [Continue reading…]
How White House threats condition Mueller’s reality
Jane Chong, Quinta Jurecic, and Benjamin Wittes write: What does the world look like today if you’re Robert Mueller?
You’ve got a huge, sprawling, immeasurably complicated job, and the President of the United States has just put you on notice of what you already have long suspected: You may not have much time.
A pair of stories published Thursday night by the New York Times and Washington Post announced that the White House is looking to “undercut” Mueller’s investigation and is “scouring” for information on potential conflicts of interest on the part of Mueller’s team. The stories describe a systematic effort to comb through the backgrounds of Mueller and his office in the hope of finding material damaging enough to merit firing Mueller, requesting the recusal of members of his team, or at the very least discrediting the independent investigation in the eyes of the public.
The White House is also examining the possible scope of the president’s pardon power and pushing the argument that the special counsel investigation should be sharply limited to exclude Trump’s finances. The attacks on Mueller and his office have been going on for a while now, but this new wave of hostility from the White House appears to have been instigated by concerns that Mueller’s probe will widen to include Trump’s business transactions—or that it already has. [Continue reading…]
A veteran ICE agent, disillusioned with the Trump era, speaks out
Jonathan Blitzer writes: In March, two months after President Trump took office, I received a text message from a veteran agent at Immigration and Customs Enforcement (ICE). I had been trying to find field agents willing to describe what life was like at the agency in the Trump era. This agent agreed to talk. Over the past four months, we have texted often and spoken on the phone several times. Some of our discussions have been about the specifics of new federal policies aimed at dramatically increasing the number of deportations. At other times, we’ve talked more broadly about how the culture at ice has shifted. In April, the agent texted me a screen shot of a page from the minutes of a recent meeting, during which a superior had said that it was “the most exciting time to be part of ice” in the agency’s history. The photo was sent without commentary—the agent just wanted someone on the outside to see it.
The agent, who has worked in federal immigration enforcement since the Clinton Administration, has been unsettled by the new order at ice. During the campaign, many rank-and-file agents publicly cheered Trump’s pledge to deport more immigrants, and, since Inauguration Day, the Administration has explicitly encouraged them to pursue the undocumented as aggressively as possible. “We’re going to get sued,” the agent told me at one point. “You have guys who are doing whatever they want in the field, going after whoever they want.” At first, the agent spoke to me on the condition that I not publish anything about our conversations. But that has changed. Increasingly angry about the direction in which ICE is moving, the agent agreed last week to let me publish some of the details of our talks, as long as I didn’t include identifying information.
“We used to look at things through the totality of the circumstances when it came to a removal order—that’s out the window,” the agent told me the other day. “I don’t know that there’s that appreciation of the entire realm of what we’re doing. It’s not just the person we’re removing. It’s their entire family. People say, ‘Well, they put themselves in this position because they came illegally.’ I totally understand that. But you have to remember that our job is not to judge. The problem is that now there are lots of people who feel free to feel contempt.” [Continue reading…]