Tag: Department of Justice

Trump criticizes FBI and Justice Dept., asks what they ‘have to hide’

President Donald Trump on Saturday accused the Department of Justice of slow-walking “documents relating to FISA abuse,” Hillary Clinton’s emails, former FBI Director James Comey and others, and asked what it and the FBI “have to hide.”

“Lawmakers of the House Judiciary Committee are angrily accusing the Department of Justice of missing the Thursday Deadline for turning over UNREDACTED Documents relating to FISA abuse, FBI, Comey, Lynch, McCabe, Clinton Emails and much more,” Trump wrote. “Slow walking – what is going on? BAD!”

“What does the Department of Justice and FBI have to hide?” Trump asked in a follow-up tweet. “Why aren’t they giving the strongly requested documents (unredacted) to the HOUSE JUDICIARY COMMITTEE? Stalling, but for what reason? Not looking good!”

Multiple media outlets reported this week that the Justice Department missed a subpoena deadline to provide the House Judiciary Committee documents related to an array of issues, including the investigation into Hillary Clinton’s use of a private email server while secretary of state, alleged surveillance abuses under the Foreign Intelligence Surveillance Act, and Andrew McCabe, the former FBI deputy director who was fired by Attorney General Jeff Sessions last month.

The Hill reported Thursday that Republicans on the House panel were “infuriated” over the missed deadline, which “they view as a stall by the Department of Justice (DOJ).”

CNN reported on Friday, however, that the Justice Department plans to produce 1,000 pages of information to the House Judiciary Committee on Monday.

Last month, House Judiciary Committee Chairman Bob Goodlatte announced that he had subpoenaed the Department of Justice for information relating to “charging decisions in the investigation surrounding former Secretary of State Hillary Clinton’s private email server, potential abuses of the Foreign Intelligence Surveillance Act, and the FBI’s Office of Professional Responsibility recommendation to fire former FBI Deputy Director Andrew McCabe.”

After the subpoena had been issued, FBI Director Christopher Wray said last month that he would double the number of FBI staff charged with responding to House Republicans’ various requests for information. Wray acknowledged in a statement that “the current pace of production is too slow.”

The Justice Department said last month that about 3,000 documents had been produced since January.

Republican Rep. Mark Meadows vented his frustration over the missed deadline on Twitter this week.

“The deadline for the subpoena issued by Chairman Goodlatte was today at noon,” he wrote. “We got no documents from the Department of Justice. Just a phone call. This is unacceptable — it’s time to stop the games. Turn over the documents to Congress and allow us to conduct oversight.”

Last year, the House Judiciary Committee and the House Oversight and Government Reform Committee announced a joint investigation into the conduct of the Justice Department in 2016. The announcement referenced a series of controversial actions taken by the FBI, including the bureau’s handling of the Clinton email probe.

[CNN]

Trump Slams His Own DOJ Over Response to Document Requests: ‘An Embarrassment To Our Country!’

President Donald Trump has his daggers out, getting this week off to a rollicking start.

Today’s targets: DACA, the Democrats, and yes, of course, the DOJ.

Trump is going after his own Justice Department once again in his crusade to turn the tides of public opinion in his favor.

The Commander in Chief this morning shot off a tweet slamming the DOJ and FBI for not giving Congress the “unredacted documents” they requested:

House Judiciary Committee chairman Bob Goodlatte recently subpoenaed the DOJ for documents regarding the Hillary Clinton investigation and potential FISA abuses.

[Mediaite]

Trump’s DOJ goes after Wisconsin county for pushing nurse assistant to get flu shot against her ‘sincerely held Christian belief’

The Trump Justice Department is suing Wisconsin’s Ozaukee County for alleged civil rights violations after requiring a worker at a county-run nursing home to get a flu shot — an action she said is against her religious beliefs.

Christian Post reported Wednesday that nursing assistant Barnell Williams, who worked Lasata Care Center in a town roughly 26 miles north of Milwaukee, spoke with her highest-ranking supervisor about getting a religious exemption for a policy requiring employees to get flu shots.

“Under the nursing home’s then policy,” the Christian Post noted, “an employee’s failure to receive the mandatory shot without a formal religious or medical exemption, was deemed a ‘voluntary resignation.’”

Based on her interpretation of the Bible, Williams told Campus Administrator Ralph Luedtke it was her “sincerely held Christian beliefs” that she could not put “certain foreign substances, including vaccinations, in her body because it is a ‘Holy Temple.’”

The administrator told Williams she’d need a signed letter from her pastor attesting to that belief, and when she explained that she was unaffiliated with any church, Luedtke gave her an ultimatum — get the shot or “consider this your last day.”

Williams acquiesced and got the shot, but immediately “became emotionally distraught and cried uncontrollably” in the aftermath, the DOJ’s lawsuit claims.

“Williams suffered severe emotional distress from receiving the flu shot in violation of her religious beliefs, including withdrawing from work and her personal life, suffering from sleep problems, anxiety, and fear of ‘going to Hell’ because she had disobeyed the Bible by receiving the shot,” it continued.

The suit claims that Lasata Care Center “could have reasonably accommodated Williams’ religious objection to receiving the mandatory flu shot,” and noted that it has in the interim changed its policy and no longer requires letters from clergy for religious exemptions.

[Raw Story]

Trump calls for DOJ to investigate Obama over Iran

President Donald Trump was up early Sunday morning, tweeting that he can’t understand why former President Barack Obama was not investigated for the Iran deal before then launching an attack on House intel member Adam Schiff (D-CA).

Hours after undermining his own National Security Adviser on Twitter, Trump went after Obama.

“Never gotten over the fact that Obama was able to send $1.7 Billion Dollars in CASH to Iran and nobody in Congress, the FBI or Justice called for an investigation!” Trump wrote.

You can see the tweets below:

[Raw Story]

Reality

In 1979, Iran’s then-monarch Shah Mohammad Reza Pahlavi paid $400 million to the United States government to purchase military parts. But that year’s revolution toppled the shah, and the military parts were never delivered.

To regain its funds, Iran filed a claim against the United States in 1981 in the Iran-U.S. Claims Tribunal, which adjudicates disputes between the two nations. The body, located at the Hague, was established amid negotiations to end the 1979-81 Iran hostage crisis, in which pro-revolution students took over the U.S. embassy in Tehran.

The Trump administration used bad math in its “foreign terrorists” report

Donald Trump has turned to data to argue for stricter immigration policies. According to a report his administration released yesterday, more than 70% of people convicted of “terrorism-related charges” from 2001 to 2016 were born outside the US.

“This report is a clear reminder of why we cannot continue to rely on immigration policy based on pre-9/11 thinking that leaves us woefully vulnerable to foreign-born terrorists,” said Homeland Security secretary Kirstjen Nielsen in a statement.

But Trump’s statistics are misleading. That percentage is based on a list of 549 people, which experts say is flawed. First, the list excludes homegrown extremists, who have become the US’s biggest terror threat. Second, the vague term “terrorism-related charges” inflates numbers by including not just people who broke laws “directly related to international terrorism,” but others who were convicted of totally unrelated offenses, such as fraud or illegal immigration in the course of a terrorism-related investigation.

“’Terrorism-related’ is not a term that appears in the US criminal code,” said Alex Nowrasteh, an immigration policy analyst at the Cato Institute. “It’s pretty meaningless.”

His own analysis, which counts foreign-born terrorists convicted of planning or committing a terrorist attack in the US, found 154 cases from 1975 to 2015. That’s almost 250 fewer than the Trump administration’s count over a longer period of time. The White House and the Homeland Security department did not respond to requests for comment.

Bundling terrorism convictions with those that are merely “terrorism-related” is not new. Attorney general Jeff Sessions, who’s honed in on the issue since he was a senator, had produced a similar report in 2016, and the Department of Justice had relied on a similar method long before that. It’s an approach that has been questioned for years, including in a 2003 report by the Government Accountability Office that found the Justice Department had misclassified dozens of cases the previous year.

One example of how this can happen is the case of three Middle-Eastern grocers who were convicted for stealing boxes of Kellogg’s cereal in 2000—but remained on the list of terrorism-related cases because the Federal Bureau of Investigation questioned them after a source inaccurately tipped agents that the three men had tried to buy a rocket-propelled grenade.

The new report didn’t look at any of the violent homegrown extremists because “domestic terrorism was not what was required by the president’s order,” a senior official told reporters. It doesn’t provide any statistic directly linking the numbers in the report to chain migration, or particular visas, either. “It takes some time and research,” he said.

The new report was a follow-up to president Trump’s March 6 executive order on “protecting America from foreign-born terrorism,” better known as the Muslim ban. In it, he asked the Departments of Homeland Security and Justice to gather data on “foreign nationals” who have supported and engaged terrorism.

It’s part of a series of information requests about immigrants Trump has made–including regular reports on immigrants’ crimes–which some critics see as part of public relations campaign to promote the president’s anti-immigration campaign. (Trump has also asked for statistics on “honor killings” and other violence against women by foreigners, and on “sanctuary” jurisdictions that don’t honor DHS requests to hold immigrants until immigration authorities can collect them.)

But Nowrasteh, from the Cato Institute, found the report surprisingly thin given the time and resources the government had since Trump commissioned it last March. His study, published in 2016, includes the type of visa the convicted terrorists used to enter the country. “There’s very little new information in this report,” he said. “They have no excuse.”

[Quartz]

Taxpayers pay legal bill to protect Trump business profits

Taxpayers are footing the legal bill for at least 10 Justice Department lawyers and paralegals to work on lawsuits related to President Trump’s private businesses.

Neither the White House nor the Justice Department will say how much it is costing taxpayers, but federal payroll records show the salaries of the government lawyers assigned to the cases range from about $133,000 to $185,000.

The government legal team is defending President Trump in four lawsuits stemming from his unusual decision not to divest himself from hundreds of his companies that are entangled with customers that include foreign governments and officials.
In the cases, Justice Department attorneys are not defending policy actions Trump took as president. Instead, the taxpayer-funded lawyers are making the case that it is not unconstitutional for the president’s private companies to earn profits from foreign governments and officials while he’s in office.

The government lawyers and Trump’s private attorneys are making the same arguments — that the Constitution’s ban on a president taking gifts from foreign interests in exchange for official actions does not apply to foreign government customers buying things from Trump’s companies. The plaintiffs, including ethics groups and competing businesses, argue the payments pose an unconstitutional conflict of interest.

The Justice Department for weeks refused to answer questions about how many employees were working on the cases and for how long, falsely saying the agency doesn’t track such information. USA TODAY identified the government legal staff who are defending Trump’s business profits using the agency’s own internal case-tracking database, obtained under the Freedom of Information Act.

The Justice Department traditionally defends the office of the president and its occupants’ rights in court, sometimes under novel circumstances. However, the cases about Trump’s businesses create a historically awkward and unusual position for the public lawyers: the result of their arguments in court is to protect the president’s potential customer base.

“We’ve never before had a president who was branded and it’s impossible to divorce from that brand,” said Stuart Gerson, who served as chief of the Justice Department’s civil division for Presidents George H.W. Bush and Bill Clinton. “It’s blurring the lines because it’s so unusual. I can’t think of a precedent where another civil division lawyer has been called on to defend the president under these circumstances.”

[USA Today]

Trump reverts to campaign-trail name-calling in Twitter rant calling for probe of DNC

President Trump issued a flurry of tweets over a five-hour span Friday urging the Justice Department to investigate Hillary Clinton and the Democratic National Committee over a joint fundraising agreement they signed in August 2015.

Trump’s accusations follow publication by Politico of an excerpt from former acting DNC Chair Donna Brazile’s upcoming book. Brazile alleges she found “proof” that the 2016 Democratic primary was rigged in Clinton’s favor.

Previous presidents have avoided even seeming to direct the Justice Department on whom to investigate — but not Trump.

Trump reverted to his campaign-trail name-calling of Sen. Elizabeth Warren (D-Mass.), again referring to her as “Pocahontas.”

He also in one post called Sen. Bernie Sanders (I-Vt.) “Crazy Bernie.” Trump has described this kind of rhetoric as “modern day presidential.”

Trump’s epic Twitter rant took place in the hours and minutes before he was set to depart the South Lawn via Marine One for his Air Force One flight to Hawaii to kick off his 12-day swing through Asia.

Implicit in the messages was more criticism of Atty. Gen. Jeff Sessions, though Trump did not mention the nation’s top prosecutor by name.

Asked later Friday if he would fire the attorney general if he doesn’t investigate Trump’s Democratic political rivals, the president said, “I don’t know.”

Two White House officials quickly cautioned against reading too much into Trump’s comments, reiterating that he has no plans to fire Sessions. And although the White House maintains that Trump’s tweets are “official record,” it says Trump has not ordered Sessions or the FBI to do anything related to Democrats.

The aides said the tweets were a media savvy way to deflect attention from the investigation by special counsel Robert Mueller into Russian meddling in the 2016 election.

This week, former Trump campaign chairman Paul Manafort and his business associate Rick Gates, who also had a role in the campaign, were indicted on 12 counts, and former Trump campaign advisor George Papadopoulos pleaded guilty to lying about his dealings with Russians who were offering “dirt” on Clinton.

[Los Angeles Times]

The Justice Department Declares War on Attorneys Who Dare to Oppose the Trump Administration

On Friday, the Department of Justice filed an astonishing appeal with the Supreme Court, urging the justices to intervene in the Jane Doe case that seemed to have ended last week. Doe, an undocumented 17-year-old in a federally funded Texas shelter, was denied abortion access by the Trump administration, which argues that it can force undocumented minors to carry unwanted pregnancies to term. On Oct. 24, the U.S. Court of Appeals for the District of Columbia Circuit ruled that Doe must be allowed to terminate her pregnancy, which she did the next day. Now the DOJ is urging the Supreme Court to vacate that decision—and punish the ACLU attorneys who represented Doe.

Make no mistake: With this filing, Attorney General Jeff Sessions’ Justice Department has declared war on attorneys and groups who dare to oppose it in court.

Because Doe obtained her abortion, Friday’s appeal might seem pointless, presenting no live controversy for the justices to adjudicate. But the DOJ has three goals here. First, it wants the Supreme Court to punish the D.C. Circuit for issuing a decision that it believes to be egregiously wrong by wiping the entire ruling off the books. Second, the DOJ wants to eradicate a decision that sets a legal precedent it despises. Doe’s lawsuit was initially brought as part of a class action, and the ACLU will continue to litigate its broader claim against the Trump administration’s absolute bar on abortion access for undocumented minors. As long as the D.C. Circuit’s decision remains on the books, those lawsuits are almost guaranteed to succeed. The Justice Department wants it gone so that it can litigate this issue anew.

Third, and most importantly, Friday’s appeal is a flagrant effort to crucify the individual attorneys who represented Doe, and to terrify likeminded lawyers into acquiescence. The DOJ thus asks the Supreme Court to force Doe’s lawyers to “show cause why disciplinary action should not be taken” against the ACLU—either by the court itself or by state bars—for “material misrepresentations and omissions” designed to thwart an appeal.

In other words, the DOJ is using the full weight of a government agency to threaten professional ruin upon the lawyers who defended Jane Doe’s constitutional right to abortion access.

The DOJ claims that after the D.C. Circuit ruled in Doe’s favor on Oct. 24, government attorneys believed they had until Oct. 26 until Doe got her abortion. Under Texas law, women must obtain “counseling” at least 24 hours before terminating her pregnancy, and this counseling must be performed by the same physician who performs the procedure. Doe had already received this counseling from a Texas doctor when the D.C. Circuit issued its decision. According to the DOJ, ACLU lawyers told the government that this physician would not be working and that Doe would receive another counseling appointment on the morning of October 25, and get the abortion to October 26. Government lawyers asked to be kept informed of the timing of the procedure, and they claim that ACLU lawyers agreed to comply with their request. They also say that the DOJ planned to ask for a stay on Oct. 25—but on that same morning, ACLU attorneys arranged for Doe to visit the doctor who had already counseled her, allowing him to perform the procedure.

Put differently, the government argues that the ACLU owed government lawyers a notification of when Doe’s legal abortion would occur. The end goal here seems to have been to try to continue to block the abortion until it would be illegal to terminate, even though she had secured an unqualified right to do so. (Doe was 16 weeks pregnant by that point; Texas bans abortion after 20 weeks, and the government had already delayed the abortion by a month.) The DOJ also claims that Doe’s lawyers had the responsibility to keep answering their phone calls to update them on her status: “Efforts to reach respondent’s counsel were met with silence, until approximately 10 a.m. EST, when one of her lawyers told the government that Ms. Does had undergone an abortion.”

What really seems to enrage the DOJ, however, is that Doe didn’t attend a second counseling session—which would have been duplicative and wasteful, and caused her yet more needless delay—because the physician who counseled her the first time later agreed to perform the procedure. If ever there were an indicator of the un-distilled bad faith at work here, it’s government lawyers insisting that a non-person with no rights undergo a second round of the same counseling, not for the purposes of medical advice, but so that they would have more time to thwart her choice.

These allegations of wrongdoing are laughably flimsy and outwardly vindictive. Even under the DOJ’s contorted narrative, it’s obvious that the ACLU simply acted efficiently, and the Trump administration is bitter and embarrassed that it lost. The government argues that the ACLU “at least arguably had an obligation to notify the government” that Doe would terminate on Oct. 25—an “incredibly significant development.” But that’s just not how this works. The government had sufficient time to ask the Supreme Court to stay the D.C. Circuit’s decision before Doe terminated. In fact, Texas was already prepared with its own amicus brief backing the DOJ. But the government didn’t act in time. And it’s not the ACLU’s fault that its client secured her constitutional rights while the government dallied in its efforts to exert control of her reproductive capacities. This week-late effort to blame the ACLU for its “arguable” responsibility to ensure that the government could continue to harm their client is not just an effort to save face, but also an attempt to warn attorneys that zealous effectuation of their duties to the clients will now be punished.

The Justice Department’s crusade against the ACLU is especially galling in light of the fact that there was sanctionable misconduct here—on the part of the government itself. Scott Lloyd, the official who blocked Doe and other minors from abortion access, likely violated a long-standing federal settlement agreement in his anti-abortion crusade. Under this agreement, undocumented minors like Doe must be allowed access to family planning services, which Lloyd intentionally and repeatedly withheld. He even instituted his anti-abortion views as official government policy in obvious violation of the federal settlement.

If anyone deserves to be punished here, it is surely Lloyd, who flouted the law for purely ideological purposes. But instead of investigating its own employee for potential misconduct, the government is going after Doe’s ACLU attorneys for defending her constitutional rights. This is a shocking assault on the nation’s civil rights attorneys, and an unprecedented effort by the DOJ to slander and shame those attorneys who defend their clients’ rights against the government’s abuse of the law. After today, lawyers who question the Trump administration’s legal views should be aware that they have targets on their backs.

[Slate]

Trump: ‘The saddest thing’ is that I’m not supposed to influence the Justice Department and FBI

President Donald Trump lamented in a Thursday interview that he couldn’t exert more influence over the Justice Department and the FBI.

“The saddest thing is that because I’m the president of the United States, I am not supposed to be involved with the Justice Department. I am not supposed to be involved with the FBI,” Trump said on “The Larry O’Connor Show” less than a week after special counsel Robert Mueller handed down indictments to former members of his campaign including its former chairman, Paul Manafort.

Trump was responding to a comment from the host that his listeners wanted to see the Justice Department go after the 2016 Democratic presidential nominee, Hillary Clinton.

“I look at what’s happening with the Justice Department. Well, why aren’t they going after Hillary Clinton with her emails and with her, the dossier?” Trump said, referring to the Democratic Party-funded dossier designed to find connections between Trump and Russia that has been both partially discredited and partially corroborated.

The president added that he was “very unhappy” with where the Justice Department “isn’t going.”

“I am not supposed to be doing the kind of things that I would love to be doing,” he said. “And I am very frustrated by it.”

Trump’s interactions with the Justice Department have come under scrutiny, particularly as they relate to his May firing of the FBI director, James Comey, which led to Mueller’s appointment. Comey was overseeing the FBI’s investigation into whether the Trump campaign colluded with Russian officials in the 2016 presidential election, an investigation that is now folded into the special counsel’s Russia-related investigation.

Trump continued to lambaste the Justice Department in a series of Friday-morning tweets, saying “everybody is asking” why it was not investigating Clinton and the Democrats.

“At some point the Justice Department, and the FBI, must do what is right and proper,” he tweeted. “The American public deserves it!”

Speaking with reporters outside the White House ahead of his lengthy trip to Asia, Trump said he was “really not involved” with the Justice Department, adding that he would “like to let it run itself.”

“But honestly, they should be looking at the Democrats,” he said, adding, “A lot of people are disappointed in the Justice Department, including me.”

[Business Insider]

Media

Sessions’ DOJ reverses transgender workplace protections

Attorney General Jeff Sessions has reversed an Obama-era policy explicitly defining transgender workers as protected under employment discrimination laws, CBS News’ Paula Reid reports.

The Wednesday policy reversal of what qualifies as employment discrimination under Title VII of the Civil Rights Act comes down to an idealogical disagreement over whether “sex” is decided by a person’s birth certificate, or whether sexual discrimination includes broader gender identity. Title VII prohibits any employment discrimination based on race, color, religion, sex and national origin. Former Attorney General Eric Holder in 2014 interpreted “sex” discrimination to apply to discrimination based on gender identity, while Sessions’ DOJ interprets that it only applies to discrimination between men and women.

Sessions’ DOJ argues Holder went beyond the definition of the 1964 law by including transgender discrimination.

“The Department of Justice cannot expand the law beyond what Congress has provided,” DOJ spokesperson Devin O’Malley said. Unfortunately, the last administration abandoned that fundamental principle, which necessitated today’s action. This Department remains committed to protecting the civil and constitutional rights of all individuals, and will continue to enforce the numerous laws that Congress has enacted that prohibit discrimination on the basis of sexual orientation.”

The move comes after President Trump has announced he will prohibit transgender individuals from serving in the military, a decision that shocked his own party and caused backlash from Democrats and civil liberties groups.

Sessions’ latest policy shift could very well could end up in court, Reid reports. Already, it’s under fire from civil liberties groups like the American Civil Liberties Union (ACLU).

“Today marks another low point for a Department of Justice, which has been cruelly consistent in its hostility towards the LGBT community and in particular its inability to treat transgender people with basic dignity and respect,” James Esseks, director of the ACLU’s LGBT & HIV Project, said in a statement.

“This Department of Justice under Jeff Sessions has time and time again made it clear that its explicit agenda is to attack and undermine the civil rights of our most vulnerable communities, rather than standing up for them as they should be doing,” Esseks continued. “Discrimination against transgender people is sex discrimination, just as DOJ recognized years ago. We are confident that the courts will continue to agree and will reject the politically driven decision by Attorney General Sessions.”

[CBS News]

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