Category: Breaking the Law

Trump Adviser Icahn Accused of Breaching Lobbying Rules

A consumer advocacy group is filing a complaint to Congress on Wednesday accusing President Donald Trump’s friend and fellow billionaire Carl Icahn of violating lobbying rules by pushing the White House to change the federal ethanol regulations.

Public Citizen contends that Icahn, his company Icahn Enterprises and the CVR oil refining company he owns failed to register as lobbyists, yet pushed the White House to change the EPA’s decade-old rules on ethanol — a move that would save Icahn’s company hundreds of millions of dollars.

Trump named Icahn, whose net worth is pegged by Forbes at nearly $22 billion, as the White House’s special adviser for regulatory reform in December, but said he would “not be serving as a federal employee or a special government employee and will not have any specific duties.”

Icahn has aggressively advocated for the change in the ethanol rules under the EPA’s Renewable Fuel Standard since last year, and according to the Public Citizen complaint, he submitted a proposal to the White House on Feb. 27 to overhaul the program and shift the burden for complying with the ethanol rules to fuel wholesalers. The RFS, which was created by Congress, gives EPA authority to operate the nation’s biofuels program.

The letter to the secretary of the Senate and the clerk of the House calls for an investigation into whether Icahn and CVR’s activities constitute lobbying of the White House for changes to the program. The complaint also cites Icahn’s work in helping select EPA Administrator Scott Pruitt, and the proposed language he and fellow oil refiner Valero Energy submitted to the White House for a memo that would direct EPA to make the change.

“All of this has occurred with no record of any [Lobbying Disclosure Act] filings by or on behalf of Mr. Icahn, Icahn Enterprises or CVR Energy,” the complaint reads. “It is unlikely that all these activities occurred without some individual or entity being obligated to report lobbying activity under the LDA.”

The letter is latest controversy around the ethical complications that Trump, the wealthy members of his Cabinet and his advisers have faced because of their myriad business holdings.

(h/t Politico)

Trump Confidant Roger Stone Admits WikiLeaks Collusion, Then Deletes It

Former Trump campaign advisor Roger Stone admitted that he had a “perfectly legal back channel” to Wikileaks founder Julian Assange.

The Huffington Post reports that Stone, a close friend of President Donald Trump tweeted the statement, then deleted it on Saturday.

Stone denied having direct contact with Assange but said in October that he and Assange “have a good mutual friend”.

He even tweeted this tweet about Hillary Clinton campaign chairman John Podesta before the Wikileaks emails were released.

Stone’s admission of a link between himself and Assange comes at a time when allegations against him and the Trump administration having ties with Russia are being investigated.

In an interview with CBS, Stone said this about an investigation into his ties with Russia

“Sure, they’ll get my grocery lists. “They may get the emails between my wife and I, but here’s what they won’t get ― any contact with the Russians.”

He calls the investigation into his alleged ties with Russia a “witch hunt”. Something President Trump, himself has said in a tweet about the Russian investigation.

(h/t AOL)

Jeff Sessions Used Political Funds for Republican Convention Expenses, Where He Talked to Russian Ambassador

The Trump administration says Attorney General Jeff Sessions was acting as a then-U.S. senator when he talked to Russia’s ambassador at an event during last year’s Republican National Convention in Cleveland, but Sessions paid for convention travel expenses out of his own political funds and he spoke about Donald Trump’s campaign at the event, according to a person at the event and campaign-finance records.

Sessions made comments related to Trump’s presidential campaign at a Heritage Foundation event during the Republican convention in July, when he met with Russian Ambassador Sergei Kislyak, according to a person at the event in Cleveland.

Sessions on Thursday said he would recuse himself from involvement in any probe related to the 2016 presidential campaign, following disclosures that he met with the Russian ambassador during the convention, and later in his Senate office in Washington.

Sessions on Thursday said he would recuse himself from involvement in any probe related to the 2016 presidential campaign, following disclosures that he met with the Russian ambassador during the convention, and later in his Senate office in Washington.

An expanded version of this report appears on WSJ.com.

(h/t MarketWatch)

Sessions Spoke with Russian Ambassador Twice During Trump’s Campaign

Attorney General Jeff Sessions spoke twice with Russia’s ambassador to the United States last year, the Washington Post reported Wednesday, raising new questions about contact between Trump campaign officials and the Kremlin.

Sessions, a former Republican senator from Alabama, did not disclose the contact with Russian Ambassador Sergey Kislyak during his confirmation hearings, testifying under oath that he “did not have communications with the Russians.”

The contacts are coming under scrutiny because Sessions endorsed President Trump early in his presidential bid, stumping and introducing him at campaign rallies, and officially joined the Trump campaign last February.

A spokeswoman for Sessions confirmed the contact with Kislyak, saying the attorney general spoke on the phone with the ambassador from his office in September. That conversation took place during the time when intelligence officials assert that Russia was interfering with the U.S. presidential election through a hacking and influence campaign.

In July, Sessions attended a Heritage Foundation event at Republican National Convention that was attended by some 50 ambassadors. A small group of ambassadors, including Kislyak, approached Sessions and talked to him informally, the Justice Department official told the Washington Post.

“It was short and informal,” spokeswoman Sara Isgur Flores told the Wall Street Journal.

Flores said Sessions spoke to Kislyak in his capacity as a member of the Armed Services Committee, not as a Trump surrogate, and was not trying to mislead fellow senators when he said during his confirmation hearing that he had not had contacts with Moscow.

Later Wednesday night, Sessions said in a statement: “I never met with any Russian officials to discuss issues of the campaign. I have no idea what this allegation is about. It is false.”

During his confirmation hearing, Sessions was asked what he would do if he learned a member of Trump’s campaign had communicated with the Russian government over the course of the 2016 campaign. He responded: “I’m not aware of any of those activities. … I have been called a surrogate at a time or two in that campaign and I did not have communications with the Russians.”

Officials said Sessions did not consider his conversations with Kislyak relevant to the lawmakers’ questions and did not remember the discussion with Kislyak in detail. And as a senior member of the committee, he regularly met foreign ambassadors, his spokeswoman said.

“There was absolutely nothing misleading about his answer,” Flores said.

The Post asked the 26 other members of the Senate Armed Services Committee whether they had met with Kislyak last year. Of the 20 who responded, all said no.

Democrats quickly seized on the revelation to amplify their demand that Sessions recuse himself from any federal investigations into contacts between the Russian government and the Trump campaign. House Minority Leader Nancy Pelosi (D-Calif.) and Rep. Elijah Cummings (D-Md.) went so far as to call for the attorney general to resign.

“When Senator Sessions testified under oath that ‘I did not have communications with the Russians,’ his statement was demonstrably false, yet he let it stand for weeks — and he continued to let it stand even as he watched the President tell the entire nation he didn’t know anything about anyone advising his campaign talking to the Russians,” Cummings said in a written statement.

Democrats had already floated the idea of a special prosecutor to investigate the Trump-Russia ties. Those calls are certain to grow louder now that Sessions has admitted contact with the same Russian official who spoke with Michael Flynn, the former White House national security adviser who resigned after misleading Vice President Pence about discussions with Kislyak.

At least one Republican, Sen. Lindsey Graham of South Carolina, on Wednesday evening echoed Democrats in saying a special prosecutor might be necessary.

“There may be nothing there,” Graham said in a CNN town hall event. “But if there is something there, that the FBI believes is criminal in nature, then for sure you need a special prosecutor.”

“If there were contacts between the Trump campaign and Russian officials, they may be legitimate; they may be OK. I want to know what happened between the Trump campaign, the Clinton campaign and the Russians.”

The Wall Street Journal reported Wednesday evening that the FBI has examined the contacts that Sessions had with Russian officials while he was a Trump campaign adviser. It’s not clear whether the probe of Sessions’s contacts is ongoing or what its outcome was, according to the report.

Flores said Sessions was not aware his communications had been subject to FBI scrutiny.

As attorney general, Sessions oversees the FBI.

Sen. Al Franken (D-Minn.), who asked Sessions about Russia connections during his confirmation hearings, said he was “troubled” by the report.

“If it’s true that Attorney General Sessions met with the Russian ambassador in the midst of the campaign, then I am very troubled that his response to my questioning during his confirmation hearing was, at best, misleading,” Franken told the Washington Post in a statement on Wednesday.

The new report comes on the heels of the Flynn controversy and continued concerns over potential connections between Trump allies and Russia.

Flynn stepped down after it was reported that he had discussed U.S. sanctions with Kislyak in December of 2016, ahead of Trump’s inauguration, and misled top officials including Vice President Mike Pence about the details.

Trump has repeatedly denied that his campaign staff was in contact with Russian officials, calling it “fake news.”

“I have nothing to do with Russia. I told you, I have no deals there, I have no anything,” Trump said at a press conference last month.

(h/t The Hill)

FBI Refused White House Request to Knock Down Recent Trump-Russia Stories

The FBI rejected a recent White House request to publicly knock down media reports about communications between Donald Trump’s associates and Russians known to US intelligence during the 2016 presidential campaign, multiple US officials briefed on the matter tell CNN.

But a White House official said late Thursday that the request was only made after the FBI indicated to the White House it did not believe the reporting to be accurate.

White House officials had sought the help of the bureau and other agencies investigating the Russia matter to say that the reports were wrong and that there had been no contacts, the officials said. The reports of the contacts were first published by The New York Times and CNN on February 14.

The direct communications between the White House and the FBI were unusual because of decade-old restrictions on such contacts. Such a request from the White House is a violation of procedures that limit communications with the FBI on pending investigations.

Late Thursday night, White House press secretary Sean Spicer objected to CNN’s characterization of the White House request to the FBI.

“We didn’t try to knock the story down. We asked them to tell the truth,” Spicer said. The FBI declined to comment for this story.

The discussions between the White House and the bureau began with FBI Deputy Director Andrew McCabe and White House Chief of Staff Reince Priebus on the sidelines of a separate White House meeting the day after the stories were published, according to a US law enforcement official.

The White House initially disputed that account, saying that McCabe called Priebus early that morning and said The New York Times story vastly overstates what the FBI knows about the contacts.

But a White House official later corrected their version of events to confirm what the law enforcement official described.

The same White House official said that Priebus later reached out again to McCabe and to FBI Director James Comey asking for the FBI to at least talk to reporters on background to dispute the stories. A law enforcement official says McCabe didn’t discuss aspects of the case but wouldn’t say exactly what McCabe told Priebus.

Comey rejected the request for the FBI to comment on the stories, according to sources, because the alleged communications between Trump associates and Russians known to US intelligence are the subject of an ongoing investigation.

The White House did issue its own denial, with Priebus calling The New York Times story “complete garbage.”

“The New York Times put out an article with no direct sources that said that the Trump campaign had constant contacts with Russian spies, basically, you know, some treasonous type of accusations. We have now all kinds of people looking into this. I can assure you and I have been approved to say this — that the top levels of the intelligence community have assured me that that story is not only inaccurate, but it’s grossly overstated and it was wrong. And there’s nothing to it,” Preibus said on “Fox News Sunday” last weekend.
CNN has previously reported that there was constant communication between high-level advisers to then-candidate Trump, Russian officials and other Russians known to US intelligence during the summer of 2016.

Several members of the House and Senate Intelligence Committees tell CNN that the congressional investigations are continuing into those alleged Russian contacts with the Trump campaign, despite Priebus’ assertion that there is nothing to those reports.

It is uncertain what the committees will eventually find and whether any of the information will ever be declassified and publicly released. But the push to investigate further shows that Capitol Hill is digging deeper into areas that may not be comfortable for the White House.

The Trump administration’s efforts to press Comey run contrary to Justice Department procedure memos issued in 2007 and 2009 that limit direct communications on pending investigations between the White House and the FBI.

“Initial communications between the [Justice] Department and the White House concerning pending or contemplated criminal investigations or cases will involve only the Attorney General or the Deputy Attorney General, from the side of the Department, and the Counsel to the President, the Principal Deputy Counsel to the President, the President, or the Vice President from the side of the White House,” reads the 2009 memo.

The memos say the communication should only happen when it is important for the President’s duties and where appropriate from a law enforcement perspective.

A Department of Justice spokesman said Attorney General Jeff Sessions is reviewing the memos and that “the Department is following the guidelines in its communications with the White House.”

The effort to refute the CNN and New York Times stories came as increasing numbers of congressional members were voicing concern about Russia’s efforts to influence individuals with ties to Trump.

On February 17, the Senate Select Committee on Intelligence held a briefing with Comey. It’s unclear what was said, but senators suggested there was new information discussed about Russia.

“Every briefing we go through we gain new information,” said Sen. James Lankford of Oklahoma, a member of the committee. Lankford declined to be more specific about the briefing.

Sen. Angus King of Maine also declined to reveal what was discussed during the Comey briefing. In response to a question on Priebus’ strong denial of the claims, King said he was “surprised” that Priebus would be “that categorical.”

Rep. Eric Swalwell of California, a Democratic member of the House Intelligence Committee, said the goal of his panel’s inquiry is to follow “leads wherever they go even if they may be uncomfortable to Republicans.”

“The American public will want to know if the President had personal or financial ties to the Russian government,” Swalwell said.

(h/t CNN)

Trump Associates Communicated With Russian Intelligence Officials Before Election

A number of associates linked to President Trump’s campaign and business interests are part of the federal inquiry into communications with Russian government officials who sought to meddle in the November election, a U.S. official said Wednesday.

The extent and purpose of those alleged contacts continue to be weighed, including whether the associates were aware they were communicating with Russian intelligence officials or those working on behalf of the Russian government, said the official who is not authorized to comment publicly. The official added that there was no evidence of collusion to tilt the election.

TheNew York Times reported Wednesday that phone records and intercepted calls show Trump campaign officials spoke last year with people in Russian intelligence.

Though national security adviser Michael Flynn was fired this week for lying about his contacts with the Russian ambassador to the United States, the official said the course of the months-long inquiry — which has amassed intercepts of telephone calls, business records and subject interviews — has not been significantly altered.

Flynn was interviewed by FBI agents following last month’s inauguration after public statements by top administration officials, including Vice President Pence, about Flynn’s pre-inaugural discussions with the Russian ambassador did not track the contents of the intercepted telephone calls. The administration officials had strongly refuted claims that Flynn had discussed sanctions imposed against Russia by the Obama administration.

The transcripts of the calls proved otherwise, prompting then-acting Attorney General Sally Yates to alert White House counsel Donald McGahn that Flynn could be vulnerable to blackmail as a result of his misrepresentations to senior officials.

Amid the renewed questions and investigations about contacts between his associates and Russia over last year’s election, President Trump on Wednesday denounced “conspiracy theories” about his relationship with the Russians and said “illegal” news leaks brought down Flynn.

“It’s a criminal act, and it’s been going on for a long time — before me, but now it’s really going on,” Trump said during a joint news conference with Israeli Prime Minister Benjamin Netanyahu.

Though aides said Trump demanded Flynn’s resignation Monday over lying about his talk with the Russian ambassador, the president praised his former aide as “a wonderful man” who has been treated “very unfairly” by what he called the “fake media, in many cases.”

Trump’s comments came as congressional Democrats, and some Republicans, served notice that the Russia story is not going away, especially in light of Flynn’s resignation and reports that Trump campaign aides had contacts with Russian operatives during the election in which Russian hackers were accused of sabotaging the Democrats.

“It is now readily apparent that Gen. Flynn’s resignation is not the end of the story but only the beginning,” said Senate Democratic leader Charles Schumer of New York.

Schumer called on Attorney General Jeff Sessions to recuse himself from overseeing the Russia inquiry, saying the former Alabama Republican senator’s close ties to Trump and the campaign disqualified him.

During confirmation hearings last month, Sessions said he was not aware of conflicts that would force his recusal and a close aide to the attorney general said Wednesday that position had not changed. The aide, who is not authorized to speak publicly about the matter, said the attorney general’s oversight of the inquiry would be re-evaluated if developments warranted.

In a morning tweet storm, Trump denounced the media and critics over Russia.

“The fake news media is going crazy with their conspiracy theories and blind hatred,” Trump said. “@MSNBC & @CNN are unwatchable. @foxandfriends is great!”

In another tweet, Trump accused his critics of scandal-mongering out of deference to defeated Democratic candidate Hillary Clinton.

“This Russian connection non-sense is merely an attempt to cover-up the many mistakes made in Hillary Clinton’s losing campaign,” Trump wrote.

Trump complained about news leaks in a third tweet: “Information is being illegally given to the failing @nytimes & @washingtonpost by the intelligence community (NSA and FBI?).Just like Russia.”

He added, “The real scandal here is that classified information is illegally given out by ‘intelligence’ like candy. Very un-American!”

(h/t USA Today)

Trump Staffers Using App That Deletes Their Messages

Trump administration staffers are reportedly communicating by using an encrypted messaging app that erases messages shortly after they have been received.

The Washington Post reported on Tuesday that officials were using the app, called Confide, to avoid being caught talking to the media, as President Trump moves to crack down on leaks.

The Post report followed a report from Axios last week that reported Confide had become a favorite app for Republican staffers.

Staffers may also be concerned about being hacked after high-profile cyber attacks on Democratic groups during the election.

“We do see a spike in across the board metrics when there is a major news cycle about the vulnerability of digital communications,” Jon Brod, Confide’s president, told Axios.

The reports raise questions though about the possible violation of federal records keeping laws that require certain government employees to use their official email address for communications.

“The whole f—ing campaign was about Hillary’s emails and now Trump’s team is violating the Presidential Records Act by using Confide,” tweeted former Obama staffer Tommy Vietor.

A White House spokeswoman did not immediately respond when asked to comment on the reports.

(h/t The Hill)

The White House Endorsed The President’s Daughter’s Business

Kellyanne Conway used her platform Thursday to urge Americans to “go buy Ivanka’s stuff,” prompting a wave of backlash for potentially violating ethics rules governing the executive branch.

Standing in the White House press briefing room, Conway, a counselor to the president, encouraged Americans to purchase Ivanka Trump’s products, one day after President Donald Trump himself lashed out at the luxury retailer Nordstrom for dropping his daughter’s clothing line.

“It’s a wonderful line. I own some of it,” Conway told “Fox & Friends.” “I fully — I’m going to give a free commercial here. Go buy it today, everybody. You can find it online.”

Conway’s remark appears to violate the executive branch’s ban on staff endorsing products or companies. The regulation, from the Office of Government Ethics, also prohibits using public office for private gain of oneself or friends or relatives.

Under the regulation, OGE’s director can notify the employee of the violation and ask the agency to investigate. The director can recommend discipline, including suspension, loss of pay or termination, but would probably just issue a warning for a first offense.

At his daily briefing, White House press secretary Sean Spicer said Conway had “been counseled on that subject, and that’s it,” declining to further elaborate on whether the White House believed the counselor to the president had crossed a line.

But lawmakers suggested that it did. Reps. Jason Chaffetz (R-Utah) and Elijah Cummings (D-Md.), the chairman and ranking member of the House Oversight and Government Reform Committee, respectively, wrote in a letter to OGE Director Walter Shaub that Conway’s interview “raised extremely serious concerns.”

“As the director of OGE, you have authority to review potential ethics violations and notify the employee’s agency, which in this case is the White House,” they said. “In this case, there is an additional challenge, which is that the President, as the ultimate disciplinary authority for White House employees, has an inherent conflict of interest since Conway’s statements relate to his daughter’s private business.”

They asked that OGE “review Conway’s statement and act promptly on the basis of your findings,” as well as report back to the House panel with a recommendation for disciplinary action, if necessary.

Cummings earlier Thursday had said in a letter to Chaffetz, “This appears to be a textbook violation of government ethics laws and regulations enacted to prevent the abuse of an employee’s government position,” and asked for a committee “review and potential disciplinary action.”

Chaffetz seemed to agree, telling The Associated Press that Conway’s remark was “wrong, wrong, wrong, clearly over the line, unacceptable.”

“It needs to be dealt with,” Chaffetz had said. “There’s no ifs, ands or buts about it.”

A host of liberal, progressive and nonpartisan advocacy groups filed complaints against Conway, including the watchdog group Citizens for Responsibility and Ethics in Washington, which filed its complaint with both OGE and the White House Counsel’s Office.

“Ms. Conway appears to have violated both the letter and the spirit of these rules when she used her position to endorse the accessories and clothing line of Ms. Trump, the daughter of the president,” the CREW complaint says. “Furthermore, we are concerned about what appears to be a pattern developing of the use of official offices, particularly the White House and the Executive Office of the President, to benefit business interests of relatives and supporters of the president; Ms. Conway’s comments appear to be just the latest example of this trend.”

Ordinarily, a violation in the White House would be dealt with by the White House counsel. But it’s not clear how the regulation will be enforced under a president who, based on his own statement Wednesday, seems likely to approve of what Conway said. (The president himself is technically exempt from the regulation, but White House policy has long applied it to him.)

Likely sparked by Conway’s remark, web traffic to the OGE’s website surged Thursday to the point that it became inaccessible for much of the day. On Twitter, the office wrote that “OGE’s website, phone system and email system are receiving an extraordinary volume of contacts from citizens about recent events.” The office later added that it “does not have investigative or enforcement authority.”

An OGE spokesman said the agency was “looking at ways to redirect traffic and add capacity” to make its website accessible again.

Citing declining sales for Ivanka Trump’s label, Nordstrom announced earlier this month that it would no longer carry her line, a move that sparked anger from Donald Trump, who tweeted Wednesday that his daughter had “been treated so unfairly” by the department store.

Ivanka Trump and her husband, Jared Kushner, have been highly visible members of the administration since Donald Trump took office just under three weeks ago. The president’s daughter accompanied him to Dover Air Force Base last week for the return of the remains of a Navy SEAL killed during a raid in Yemen and has advised him on policy issues, including the environment and parental leave.

Conway told Fox News she found it “ironic that you’ve got some executives all over the internet bragging about what they’ve done to [Ivanka] and her line.”

“Yet, they’re using the most prominent woman in Donald Trump’s — you know, most prominent — she’s his daughter, and they’re using her, who has been a champion for women empowerment, women in the workplace, to get to him,” she continued. “I think people could see through that. Go buy Ivanka’s stuff is what I would tell you. I hate shopping. I’m going to go get some myself today.”

While Nordstrom claimed that the decision to drop Ivanka Trump’s line of clothing and shoes was based solely on business, at least some of the decline in sales of her products could be attributed to the #GrabYourWallet campaign urging consumers to boycott Trump products.

Nordstrom also hasn’t shied away from voicing opposition to Trump’s policies, releasing a statement in support of immigrants in the wake of the president’s executive order temporarily banning individuals from certain Muslim-majority nations from entering the U.S. in the name of national security. The retailer announced its decision to drop Ivanka Trump’s line three days after releasing that statement.

On Fox News, Conway called Ivanka Trump a “very successful businesswoman” and an “incredibly confident, creative, talented woman” and indicated that should be welcomed into a role at the White House to work on women’s empowerment issues, if she so chooses.

“Obviously, she’s stepped away from it now, but in the past she’s helped to run her family’s real estate empire, and on the side she developed another fully, unbelievably, entrepreneurial, wildly successful business that bears her name,” Conway added. “And I think she’s gone from 800 stores to 1,000 stores or 1,000 places where you can buy — you can certainly buy her goods online. She’s just at a very good place.”

(h/t Politico)

Despite Denials, Russians Were in Contact with Trump Campaign

Weeks before President Trump’s inauguration, his national security adviser, Michael T. Flynn, discussed American sanctions against Russia, as well as areas of possible cooperation, with that country’s ambassador to the United States, according to current and former American officials.

Throughout the discussions, the message Mr. Flynn conveyed to the ambassador, Sergey I. Kislyak — that the Obama administration was Moscow’s adversary and that relations with Russia would change under Mr. Trump — was unambiguous and highly inappropriate, the officials said.

The accounts of the conversations raise the prospect that Mr. Flynn violated a law against private citizens’ engaging in diplomacy, and directly contradict statements made by Trump advisers. They have said that Mr. Flynn spoke to Mr. Kislyak a few days after Christmas merely to arrange a phone call between President Vladimir V. Putin of Russia and Mr. Trump after the inauguration.

But current and former American officials said that conversation — which took place the day before the Obama administration imposed sanctions on Russia over accusations that it used cyberattacks to help sway the election in Mr. Trump’s favor — ranged far beyond the logistics of a post-inauguration phone call. And they said it was only one in a series of contacts between the two men that began before the election and also included talk of cooperating in the fight against the Islamic State, along with other issues.

The officials said that Mr. Flynn had never made explicit promises of sanctions relief, but that he had appeared to leave the impression it would be possible.

Mr. Flynn could not immediately be reached for comment about the conversations, details of which were first reported by The Washington Post. Despite Mr. Flynn’s earlier denials, his spokesman told the Post that “while he had no recollection of discussing sanctions, he couldn’t be certain that the topic never came up.”

During the Christmas week conversation, he urged Mr. Kislyak to keep the Russian government from retaliating over the coming sanctions — it was an open secret in Washington that they were in the works — by telling him that whatever the Obama administration did could be undone, said the officials, who spoke on the condition of anonymity because they were discussing classified material.

Days before Mr. Trump’s inauguration, Vice President-elect Mike Pence also denied that Mr. Flynn had discussed sanctions with Mr. Kislyak. He said he had personally spoken to Mr. Flynn, who assured him that the conversation was an informal chat that began with Mr. Flynn extending Christmas wishes.

“They did not discuss anything having to do with the United States’ decision to expel diplomats or impose censure against Russia,” Mr. Pence said on the CBS News program “Face the Nation.”

Some officials regarded the conversation as a potential violation of the Logan Act, which prohibits private citizens from negotiating with foreign governments in disputes involving the American government, according to one current and one former American official familiar with the case.

Federal officials who have read the transcript of the call were surprised by Mr. Flynn’s comments, since he would have known that American eavesdroppers closely monitor such calls. They were even more surprised that Mr. Trump’s team publicly denied that the topics of conversation included sanctions.

The call is the latest example of how Mr. Trump’s advisers have come under scrutiny from American counterintelligence officials. The F.B.I. is also investigating Mr. Trump’s former campaign chairman, Paul Manafort; Carter Page, a businessman and former foreign policy adviser to the campaign; and Roger Stone, a longtime Republican operative.

Prosecutions in these types of cases are rare, and the law is murky, particularly around people involved in presidential transitions. The officials who had read the transcripts acknowledged that while the conversation warranted investigation, it was unlikely, by itself, to lead to charges against a sitting national security adviser.

But, at the very least, openly engaging in policy discussions with a foreign government during a presidential transition is a remarkable breach of protocol. The norm has been for the president-elect’s team to respect the sitting president, and to limit discussions with foreign governments to pleasantries. Any policy discussions, even with allies, would ordinarily be kept as vague as possible.

“It’s largely shunned, period. But one cannot rule it out with an ally like the U.K.,” said Derek Chollet, who was part of the Obama transition in 2008 and then served in senior roles at the State Department, White House and Pentagon.

“But it’s way out of bounds when the said country is an adversary, and one that has been judged to have meddled in the election,” he added. “It’s just hard to imagine anyone having a substantive discussion with an adversary, particularly if it’s about trying to be reassuring.”

(h/t New York Times)

Trump Tells Mexico: ‘I Might Send’ U.S. Military to Take Care of ‘Bad Hombres’

President Donald Trump threatened in a phone call with his Mexican counterpart to send U.S. troops to stop “bad hombres down there” unless the Mexican military does more to control them itself, according to an excerpt of a transcript of the conversation obtained by The Associated Press.

The excerpt of the call did not make clear who exactly Trump considered “bad hombres,” — drug cartels, immigrants, or both — or the tone and context of the remark, made in a Friday morning phone call between the leaders. It also did not contain Mexican President Enrique Pena Nieto‘s response.

Still, the excerpt offers a rare and striking look at how the new president is conducting diplomacy behind closed doors. Trump’s remarks suggest he is using the same tough and blunt talk with world leaders that he used to rally crowds on the campaign trail.

A White House spokesman did not respond to requests for comment.

The phone call between the leaders was intended to patch things up between the new president and his ally. The two have had a series of public spats over Trump’s determination to have Mexico pay for the planned border wall, something Mexico steadfastly refuses to agree to.

“You have a bunch of bad hombres down there,” Trump told Pena Nieto, according to the excerpt seen by the AP. “You aren’t doing enough to stop them. I think your military is scared. Our military isn’t, so I just might send them down to take care of it.”

A person with access to the official transcript of the phone call provided an excerpt to The Associated Press. The person gave it on condition of anonymity because the administration did not make the details of the call public.

The Mexican website, Aristegui Noticias, on Tuesday published a similar account of phone call, based on the reporting of journalist Dolia Estevez. The report described Trump as humiliating Pena Nieto in a confrontational conversation.

Mexico’s foreign relations department denied that account, saying it “is based on absolute falsehoods,” and later said the statement also applied to the excerpt provided to AP.

“The assertions that you make about said conversation do not correspond to the reality of it,” the statement said. “The tone was constructive and it was agreed by the presidents to continue working and that the teams will continue to meet frequently to construct an agreement that is positive for Mexico and for the United States.”

Trump has used the phrase “bad hombres” before. In an October presidential debate, he vowed to get rid the U.S. of “drug lords” and “bad people.”

“We have some bad hombres here, and we’re going to get them out,” he said. The phrase ricocheted on social media with Trump opponents saying he was denigrating immigrants.

Trump’s comment was in line with the new administration’s bullish stance on foreign policy matters in general, and the president’s willingness to break long-standing norms around the globe.

Before his inauguration, Trump spoke to the president of Taiwan, breaking long-standing U.S. policy and irritating China. His temporary ban on refugees and travelers from seven Muslim-majority countries, aimed at reviewing screening procedures to lessen the threat of extremist attacks, has caused consternation around the world.

But nothing has created the level of bickering as the border wall, a centerpiece of his campaign. Mexico has consistently said it would not pay for the wall and opposes it. Before the phone call, Pena Nieto canceled a planned visit to the United States.

The fresh fight with Mexico last week arose over trade as the White House proposed a 20 percent tax on imports from the key U.S. ally to finance the wall after Pena Nieto abruptly scrapped his Jan. 31 trip to Washington.

The U.S. and Mexico conduct some $1.6 billion a day in cross-border trade, and cooperate on everything from migration to anti-drug enforcement to major environmental issues.

Trump tasked his son-in-law and senior adviser, Jared Kushner — a real estate executive with no foreign policy experience — with managing the ongoing dispute, according to an administration official with knowledge of the call.

At a press conference with British Prime Minister Theresa May last week, Trump described his call with Pena Nieto as “friendly.”

In a statement, the White House said the two leaders acknowledged their “clear and very public differences” and agreed to work through the immigration disagreement as part of broader discussions on the relationship between their countries.

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