Category Archives: US government

Neil Gorsuch helped defend disputed Bush-era terror policies

The New York Times reports: In December 2005, Congress handed President George W. Bush a significant defeat by tightening legal restrictions against torture in a law called the Detainee Treatment Act. Soon afterward, Neil M. Gorsuch — then a top Justice Department official — sent an email to a White House colleague in case he needed “cheering up” about the administration’s setback.

The email from Judge Gorsuch, nominated by President Trump to fill the vacancy on the Supreme Court caused by the death of Justice Antonin Scalia, linked to articles about a less-noticed provision in the act that undercut the rights of Guantánamo Bay detainees by barring courts from hearing their habeas corpus lawsuits.

“The administration’s victory is not well known but its significance shouldn’t be understated,” wrote Judge Gorsuch, who had helped coordinate the Justice Department’s work with Congress on the bill.

The email about the court-stripping provision — which the Supreme Court later rejected — is among more than 150,000 pages of Bush-era Justice Department and White House documents involving Judge Gorsuch disclosed by the Trump administration ahead of his Senate confirmation hearings next week.

Judge Gorsuch’s time in the executive branch was brief. He joined the Justice Department in June 2005 as the principal deputy associate attorney general, meaning he was the top aide to the No. 3 official in the department. He left in August 2006, when Mr. Bush appointed him as a federal appeals court judge in Denver.

But those 14 months were tumultuous ones for the Bush administration amid controversies over detainee abuses, military commissions, warrantless surveillance and its broad claims of executive power. Judge Gorsuch’s job put him at the center of both litigation and negotiations with Congress over legislation about such topics.

References to those efforts may offer clues to Judge Gorsuch’s approach to the sort of national-security and executive power issues that rarely come before his appeals court but can be crucial at the Supreme Court.

In November 2005, for example, Judge Gorsuch visited Guantánamo for a briefing and tour. Afterward, he wrote a note to the prison operation commander, offering a glowing review.

“I was extraordinarily impressed,” Judge Gorsuch wrote. “You and your colleagues have developed standards and imposed a degree of professionalism that the nation can be proud of, and being able to see first hand all that you have managed to accomplish with such a difficult and sensitive mission makes my job of helping explain and defend it before the courts all the easier.” [Continue reading…]

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Tillerson says diplomacy with North Korea has ‘failed’; Pyongyang warns of war

The Washington Post reports: The Trump administration made a clear break Thursday with diplomatic efforts to talk North Korea out of a nuclear confrontation, bringing the United States and its Asian allies closer to a military response than at any point in more than a decade.

Secretary of State Rex Tillerson said that 20 years of trying to persuade North Korea to abandon its nuclear program had failed and that he was visiting Asia “to exchange views on a new approach.”

Soon after Tillerson’s remarks, in a sign of mounting tensions, the North Korean Embassy held an extraordinary news conference in Beijing to blame the potential for nuclear war on the United States while vowing that its homegrown nuclear testing program will continue in self-defense.

North Korea has amassed a huge nuclear stockpile and appears at the brink of being able to strike the U.S. mainland and American allies in Asia. The rising threat from the isolated military dictatorship has prompted the Trump administration to begin assessing its options for how to respond and serves as an early test for how the president will confront an increasingly volatile international situation.

One potential immediate response would be to strengthen existing South Korean missile capabilities or to provide Japan with new offensive missile ability. Japan’s defense chief told Parliament this month that he would not rule out “first strike” capability, which would be a major departure from Japan’s postwar pacifist traditions. [Continue reading…]

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Rex Tillerson’s dangerous silence

Stephen Krupin writes: Not long after President Obama’s second inauguration, I walked down 23rd Street in Foggy Bottom toward my new office in the State Department. I was a couple of days from starting as incoming Secretary of State John Kerry’s chief speechwriter, and was a couple of blocks from the building when I ran into two of the outgoing secretary’s writers.

In what felt like an informal, serendipitous changing-of-the-guard ceremony, my counterparts passed to their successor some well-earned wisdom: In diplomacy, every word matters. True, writers and pundits always feel this way, sometimes to a fault. But foreign policy amplifies the fussiness. One of Secretary Hillary Clinton’s speechwriters recalled the time when, in an otherwise innocuous list of countries, an ally took offense when its name came after another’s. The offended country had established diplomatic relations with the United States earlier; it just happened to come later in the alphabet.

Legislatures codify their policy in laws and amendments. Courts issue opinions that set judicial precedent. Foreign policy is a more subtle art. Outside of a major treaty, diplomacy is rarely dictated by anything resembling legislation, rulings, or executive orders. Instead, diplomats’ words are their policies. And when policy isn’t clearly defined by those speaking, it is divined, for better or worse, by those listening.

Secretary Rex Tillerson’s unnerving silence as America’s chief diplomat reveals a corollary to the rule I was reminded about on 23rd Street: Every word you don’t say speaks just as loudly as those you do. Tillerson has been less vocal and less forthcoming than his predecessors in his first weeks on the job — a defining period in any tenure, but especially in the tumultuous transition to Donald Trump’s America. At home and abroad, citizens and stakeholders are straining their ears for clues about what our “America First” conversion will look like: What tangible changes should we brace for as we regress from the indispensable nation to an insulated one? How will the muscular bluster of the campaign and nationalism of this new era be realized in bilateral and multilateral relationships? Which of our core interests, like standing with our NATO allies, standing up for universal human rights, or even standing firm on a two-state solution, are now obsolete? Yet in an administration that is so loud in so many ways, our top emissary to the world has been so quiet. [Continue reading…]

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Trump federal budget 2018: An armed assault on the poor, the environment, and American culture

The Washington Post reports: President Trump on Thursday will unveil a budget plan that calls for a sharp increase in military spending and stark cuts across much of the rest of the government including the elimination of dozens of long-standing federal programs that assist the poor, fund scientific research and aid America’s allies abroad.

Trump’s first budget proposal, which he named “America First: A Budget Blueprint to Make America Great Again,” would increase defense spending by $54 billion and then offset that by stripping money from more than 18 other agencies. Some would be hit particularly hard, with reductions of more than 20 percent at the Agriculture, Labor and State departments and of more than 30 percent at the Environmental Protection Agency.

It would also propose eliminating future federal support for the National Endowment for the Arts, the National Endowment for the Humanities and the Corporation for Public Broadcasting. Within EPA alone, 50 programs and 3,200 positions would be eliminated.

The cuts could represent the widest swath of reductions in federal programs since the drawdown after World War II, probably leading to a sizable cutback in the federal non-military workforce, something White House officials said was one of their goals. [Continue reading…]

The New York Times reports: A deep fear came to pass for many artists, museums, and cultural organizations nationwide early Thursday morning when President Trump, in his first federal budget plan, proposed eliminating the National Endowment for the Arts and the National Endowment for the Humanities.

President Trump also proposed scrapping the Corporation for Public Broadcasting, a key revenue source for PBS and National Public Radio stations, as well as the Woodrow Wilson International Center for Scholars.

It was the first time a president has called for ending the endowments. They were created in 1965 when President Lyndon B. Johnson signed legislation declaring that any “advanced civilization” must fully value the arts, the humanities, and cultural activity.

While the combined annual budgets of both endowments — about $300 million — are a tiny fraction of the $1.1 trillion of total annual discretionary spending, grants from these agencies have been deeply valued financial lifelines and highly coveted honors for artists, musicians, writers and scholars for decades. [Continue reading…]

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Republicans tell Trump to cut the BS with his ‘wiretap’ claims

The New York Times reports: In a striking repudiation, Republicans on Wednesday threatened subpoenas and vented openly about the lack of evidence behind President Trump’s tweet that President Barack Obama had wiretapped his phones in Trump Tower during the 2016 campaign.

The Republican chairman of the House Intelligence Committee, Representative Devin Nunes of California, told reporters on Capitol Hill that “I don’t think there was an actual tap of Trump Tower” and that Mr. Trump, if taken literally, is simply “wrong.”

Jeff Sessions, the attorney general, said he had provided no information to Mr. Trump that might have formed the basis for the president’s claim.

And two Republican senators threatened to block Mr. Trump’s nominee for deputy attorney general until they get clarity from the F.B.I. about the accuracy of the president’s assertions. One of them vowed to issue subpoenas, if needed.

But Mr. Trump appeared defiant. In a Fox News interview, he hinted at a broader meaning to his Twitter messages and suggested that his online assertions would eventually be vindicated, saying that “wiretap covers a lot of different things.”

Mr. Trump added, “I think you’re going to find some very interesting items coming to the forefront over the next two weeks.” [Continue reading…]

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Yes, Trump is being held accountable

Jack Goldsmith writes: In the second month of a new presidency, several bodies in a Congress controlled by the president’s party are conducting high-profile, politically fraught and hard-to-control investigations that potentially implicate current and former administration officials and former campaign officials.

All of these actors and institutions are holding the Trump presidency to account. They are endeavoring to uncover the truth about the manifold Russian mysteries. And they can, if they see fit, take action with effects ranging from publicity and embarrassment to political damage with electoral consequences to criminal prosecution to impeachment if appropriate.

It’s true that the process of accountability is halting and frustratingly slow. But this is as it should be. The stakes could not be higher for our democracy. Ascertaining the truth is vital, and respect for the innocent is as important as identification of wrongdoing. It is thus crucial that the complex and elusive facts be sorted out in a fair and procedurally rigorous manner, and that the law be applied with deliberation and good judgment.

Justice seems elusive here because it is so plodding. But plodding justice is our best chance for a legitimate resolution to this mess. [Continue reading…]

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Sen. Grassley accuses Justice Department officials of lying about Trump-Russia investigation

The Washington Post reports: Tensions between congressional Republicans and the Trump administration are rising over Russia, as lawmakers probing alleged ties between the president’s team and the Kremlin accuse officials of trying to stymie their efforts.

Senate Judiciary Committee Chairman Charles E. Grassley (R-Iowa), whose committee is one of several whose investigations are now fully underway, accused Justice Department officials Wednesday of lying outright when they promised to share information about ongoing department probes with lawmakers conducting oversight.

“Every time they come up here for their nomination hearing . . . I ask them: ‘Are you going to answer phone calls and our letters, and are you going to give us the documents we want?’ And every time we get a real positive ‘yes!’ And then they end up being liars!” Grassley said, screaming into the phone during an interview with The Washington Post. “It’s not if they’re treating us differently than another committee. It’s if they’re responding at all.”

Grassley, who spoke as he awaited a meeting with FBI Director James B. Comey to determine whether the bureau is investigating alleged Russia interference in last year’s presidential elections, threatened this week to block the nomination of Rod J. Rosenstein as the No. 2 man at the Justice Department until his full committee received an FBI briefing.

And he is not alone in voicing frustrations at how the administration is interacting with members trying to investigate allegations of links between the Trump team and Russia. [Continue reading…]

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John McCain: Rand Paul ‘is now working for Vladimir Putin’

The Daily Beast reports: The long-simmering war between Sens. John McCain and Rand Paul boiled over on Wednesday when the Arizona lawmaker directly accused his colleague of working for Russian President Vladimir Putin.

While speaking from the Senate floor in support of a bill advancing Montenegro’s bid to join the North Atlantic Treaty Organization (NATO), McCain noted objection from his Kentucky colleague, saying that if you oppose the measure, “You are achieving the objectives of Vladimir Putin… trying to dismember this small country which has already been the subject an attempted coup.”

McCain continued: “If they object, they are now carrying out the desires and ambitions of Vladimir Putin and I do not say that lightly.”

Several moments later, after the 80-year-old senator asked for unanimous consent to move the bill forward, Paul took the mic to raise his objection before dramatically exiting the room.

In response, McCain began railing against Paul, his voice trembling with anger: “I note the senator from Kentucky leaving the floor without justification or any rationale for the action he has just taken. That is really remarkable, that a senator blocking a treaty that is supported by the overwhelming number—perhaps 98, at least, of his colleagues—would come to the floor and object and walk away.”

He then directly connected Paul to the Russian government: “The only conclusion you can draw when he walks away is he has no justification for his objection to having a small nation be part of NATO that is under assault from the Russians.

“So I repeat again, the senator from Kentucky is now working for Vladimir Putin.” [Continue reading…]

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Justice Department charges Russian spies and criminal hackers in Yahoo intrusion

The Washington Post reports: The Justice Department announced Wednesday the indictments of two Russian spies and two criminal hackers in connection with the heist of 500 million Yahoo user accounts in 2014, marking the first U.S. criminal cyber charges ever against Russian government officials.

The indictments target two members of the Russian intelligence agency FSB, and two hackers hired by the Russians.

The charges include hacking, wire fraud, trade secret theft and economic espionage, according to officials. The indictments are part of the largest hacking case brought by the United States.

The charges are unrelated to the hacking of the Democratic National Committee and the FBI’s investigation of Russian interference in the 2016 presidential campaign. But the move reflects the U.S. government’s increasing desire to hold foreign governments accountable for malicious acts in cyberspace. [Continue reading…]

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Republicans are threatening to expose Trump as the emperor with no clothes

Aaron Blake writes: It’s almost as though Republicans are tired of having President Trump’s evidence-free allegations laid at their feet. Almost.

Late Monday, a spokesman for House Intelligence Committee Chairman Devin Nunes (R-Calif.) threatened to subpoena the Trump administration to produce evidence of Trump’s claim that President Barack Obama wiretapped Trump Tower during the campaign. The White House has declined to produce this evidence publicly, offering various excuses, including the Constitution’s separation of powers and — most recently on Monday — arguing that Trump wasn’t speaking literally when he made the claim.

The Justice Department missed Nunes’s deadline to provide evidence Monday, which drew Nunes’s subpoena threat.

“If the committee does not receive a response, the committee will ask for this information during the March 20 hearing and may resort to a compulsory process if our questions continue to go unanswered,” Nunes spokesman Jack Langer said.

Then, on Tuesday, Sen. Lindsey O. Graham (R-S.C.) made his own threat. Last week, Graham — who is clearly skeptical of the wiretapping claim and chairs a subcommittee looking into it — asked the Justice Department and the FBI to provide copies of any warrants or court orders related to the alleged wiretapping. Having not received anything, Graham said Tuesday that he would announce his next steps Wednesday and may push for a special committee. [Continue reading…]

Reuters reports: A UK spy agency did not eavesdrop on Donald Trump during and after last year’s U.S. presidential election, a British security official said on Tuesday, denying an allegation by a U.S. television analyst.

The official, who is familiar with British government policy and security operations, told Reuters that the charge made on Tuesday by Fox News analyst Andrew Napolitano, was “totally untrue and quite frankly absurd.” [Continue reading…]

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Neil Gorsuch has web of ties to secretive billionaire, Philip Anschutz

The New York Times reports: The publicity-shy billionaire Philip F. Anschutz inherited an oil and gas firm and built it into an empire that has sprawled into telecommunications, railroads, real estate, resorts, sports teams, stadiums, movies and conservative publications like The Weekly Standard and The Washington Examiner.

Mr. Anschutz’s influence is especially felt in his home state of Colorado, where years ago Judge Neil M. Gorsuch, a Denver native, the son of a well-known Colorado Republican and now President Trump’s nominee for the Supreme Court, was drawn into his orbit.

As a lawyer at a Washington law firm in the early 2000s, Judge Gorsuch represented Mr. Anschutz, his companies and lower-ranking business executives as an outside counsel. In 2006, Mr. Anschutz successfully lobbied Colorado’s lone Republican senator and the Bush administration to nominate Judge Gorsuch to the federal appeals court. And since joining the court, Judge Gorsuch has been a semiregular speaker at the mogul’s annual dove-hunting retreats for the wealthy and politically prominent at his 60-square-mile Eagles Nest Ranch.

“They say a country’s prosperity depends on three things: sound money, private property and the rule of law,” Judge Gorsuch said at the 2010 retreat, according to his speaker notes from that year. “This crowd hardly needs to hear from me about the first two of the problems we face on those scores.”

With the Senate Judiciary Committee set to take up Judge Gorsuch’s nomination next week, Democrats have based much of their criticism of him on the argument that his judicial and economic philosophy unduly favors corporations and the wealthy. But his relationship with Mr. Anschutz, 77, whose fortune is estimated by Forbes to be $12.6 billion, has received scant attention.

The Federalist Society and the Heritage Foundation, which developed the list of potential Supreme Court nominees from which Mr. Trump selected Judge Gorsuch, receive funding from Mr. Anschutz. But it is not clear how well the two know each other, in part because the mogul and those around him keep a low profile. [Continue reading…]

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Defense Secretary Mattis withdraws Patterson as choice for undersecretary for policy

The Washington Post reports: Defense Secretary Jim Mattis has withdrawn retired senior diplomat Anne W. Patterson as his choice for undersecretary for policy after the White House indicated unwillingness to fight what it said would be a battle for Senate confirmation.

U.S. officials said that two members of the Senate Armed Services Committee, Sens. Tom Cotton (R-Ark.) and Ted Cruz (R-Tex.), were strongly opposed to Patterson’s nomination because she served as U.S. ambassador to Egypt from 2011 to 2013, a time when the Obama administration supported an elected government with ties to the Muslim Brotherhood that was ultimately overthrown by the Egyptian military.

The withdrawal leaves Mattis with a bench still empty of Trump-appointed senior officials, a situation that stretches across the administration as Cabinet secretaries have not chosen or the White House has not approved nominees. Although Obama administration holdovers remain in a few jobs, after eight weeks in office, President Trump has not nominated a single high official under Cabinet rank in the Defense or State departments. [Continue reading…]

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Steve King, the nativist who just comes right out and says it

Ed Kilgore writes: Nothing upsets conservative “nationalists” like Stephen Bannon more than the charge that bigotry is at the center of the movement that gave us President Trump. While Bannon admits there is racism and anti-Semitism at the fringes of the alt-right, with which his old journalistic perch at Breibart has associated, he insists on treating such influences as marginal.

It is worth remembering that this is a persistent claim among right-bent political activists who may or may not themselves be bigoted, but who are clearly trafficking in appeals to bigots. When George Wallace shifted his focus from defending segregation to attacking unpopular desegregation methods like school busing, he argued he was just favoring the color-blind posture of his old enemies in the civil-rights movement. But he — and we — knew better when it came to the visceral politics of race he espoused.

The effort to marginalize the role of racial or religious bigots in cultural conservatism works best when everybody’s got the memo and is refusing to say things that cross the line. But right there in Washington, within close proximity of the cameras, is at least one member of Congress who, to use a phrase sometimes said of Wallace in his heyday, just comes right out and says it: Iowa’s Steve King. No, King doesn’t admit to racially or religiously discriminatory sentiments, as much as he flirts with them. But for years he has been closely associated (along with his very close friend, former Congressman Tom Tancredo of Colorado) with a brand of nativism that views both illegal and legal immigration as threats to what can only be described as European-American “civilization,” and who is willing to trade in crude stereotypes of people of color. [Continue reading…]

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‘Never Trump’ Republicans join call for select committee to investigate Russia and Trump

Josh Rogin writes: Democrats in Congress have long argued that the ongoing intelligence committee investigations into Russia’s interference in the presidential election and the Trump campaign’s ties to the Kremlin are unlikely to get to the bottom of the issue. Now a group of “Never Trump” Republicans are planning to pressure GOP leaders to establish a bipartisan select committee to take over the inquiries and settle the matter once and for all.

Stand Up Republic, a nonprofit organization led by former independent presidential candidate Evan McMullin and his running mate, Mindy Finn, is launching a public campaign aimed at building support among Republicans for consolidating the various congressional Russia-related investigations into one empowered and fully funded select committee. The organization’s ad, which goes live Tuesday with a six-figure television ad buy, makes the case that the Russia issue is too important not to investigate fully.

“Trump’s Russia crisis. Secret contacts. Conflicting stories. Mounting signs of hidden ties and shady deals. Fear our president is compromised,” says the narrator. “The values of liberty, justice and honor shaped America. Generations fought for freedom, and presidents of both parties stood against foreign tyrants like Vladimir Putin. Why won’t Donald Trump? Tell Congress to name a bipartisan select committee to get the truth?” [Continue reading…]

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U.S. to deploy missile-capable drones across border from North Korea

The Guardian reports: The US has declared it will permanently station missile-capable drones in South Korea in the latest round of military escalation in north-eastern Asia.

The drone deployment comes a week after North Korea carried out a test salvo of four missiles that landed off the coast of Japan, and a day before the US secretary of state, Rex Tillerson, embarks on a tour of a region widely regarded as the most dangerous corner of the world.

The US military in South Korea took the unusual step of publicly announcing the deployment of a company of Grey Eagle drones, which it said would add “significant intelligence, surveillance and reconnaissance capability” for American and South Korean forces.

Grey Eagles are designed to carry Hellfire missiles and together with the deployment of Thaad anti-ballistic missile defences in South Korea they represent a significant build-up of US military muscle in response to an accelerated programme of missile and nuclear testing by the North Korean regime. [Continue reading…]

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U.S. troop presence in Syria now at its highest. But how long will they remain for and why?

Time reports: The Trump Administration is intensifying America’s involvement in the ground war in Syria, having announced on March 9 that it is sending 400 more troops to join the fight against ISIS there.

The new deployment of Army Rangers and a U.S. Marine artillery unit raises fresh questions about the scope and timeline of the U.S. mission in Syria, where the number of American troops is now approaching a high of around a thousand (Washington has not disclosed an exact number). The U.S. is also sending another 2,500 troops to a staging base in Kuwait, awaiting possible deployment to Iraq or Syria.

Recent comments from U.S. officials suggest that the military is contemplating a deployment in Syria that extends far beyond the defeat of ISIS as a conventional armed force. In his testimony to the Senate Armed Services Committee on March 9, Army General Joseph Votel, who leads the U.S. Central Command, said additional forces may be needed in the future to help with “stability and other aspects of the operations.” The Pentagon is also considering lifting a formal cap of roughly 500 U.S. troops permitted on the ground in Syria, a limitation imposed by former President Barack Obama, according to the Washington Post.

The near doubling of the U.S. military deployment in eastern Syria, along with Votel’s comments, suggest a shift toward a more open-ended commitment of forces to Syria, echoing the prolonged U.S. military presence in Iraq or Afghanistan. But the escalation is also prompting calls to define the objectives of the mission over the long term in order to avoid a costly occupation both in terms of lives and resources. [Continue reading…]

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Trump administration looking for ways to lift restrictions on killing civilians

The New York Times reports: The Trump administration is exploring how to dismantle or bypass Obama-era constraints intended to prevent civilian deaths from drone attacks, commando raids and other counterterrorism missions outside conventional war zones like Afghanistan and Iraq, according to officials familiar with internal deliberations.

Already, President Trump has granted a Pentagon request to declare parts of three provinces of Yemen to be an “area of active hostilities” where looser battlefield rules apply. That opened the door to a Special Operations raid in late January in which several civilians were killed, as well as to the largest-ever series of American airstrikes targeting Yemen-based Qaeda militants, starting nearly two weeks ago, the officials said.

Mr. Trump is also expected to sign off soon on a similar Pentagon proposal to designate parts of Somalia to be another such battlefield-style zone for 180 days, removing constraints on airstrikes and raids targeting people suspected of being militants with the Qaeda-linked group the Shabab, they said.

Inside the White House, the temporary suspension of the limits for parts of Yemen and Somalia is seen as a test run while the government considers whether to more broadly rescind or relax the Obama-era rules, said the officials, who described the internal deliberations on the condition of anonymity. [Continue reading…]

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Preet Bharara shunned politics. His end was tinged by them

The New York Times reports: Ten days into his tenure as United States attorney in Manhattan, Preet Bharara saw his political and prosecutorial worlds collide.

He convened a meeting to discuss a sensitive investigation of a Democratic donor with ties to Senator Chuck Schumer of New York. Mr. Bharara had been Mr. Schumer’s chief counsel, and Mr. Schumer had recommended Mr. Bharara for the prosecutorial post.

At the meeting, Mr. Bharara asked his prosecutors if there was enough evidence to make a case against the donor, Hassan Nemazee. One of the prosecutors, Daniel W. Levy, who is now in private practice, would recall years later that he had told Mr. Bharara that there had been a wide-reaching bank fraud.

“Then take him,” Mr. Bharara said.

That case — one of his very first as the top federal prosecutor in Manhattan — foreshadowed a theme that Mr. Bharara harped on throughout his tenure pursuing a host of public corruption, terrorism, civil rights and Wall Street cases: Politics and prosecution do not mix. [Continue reading…]

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