Category: Authoritarian

A new warning to federal employees: No talk of ‘Resistance’ or opinions about impeachment at work

The federal government has issued a new guidance for the political activity of federal government workers, warning that weighing in on impeachment or talking about “the Resistance” may constitute prohibited activity, in what some ethics advocates say could be an opening to limit dissent.

The Office of Special Counsel is charged with enforcing the Hatch Act, which prohibits federal employees from engaging in political activity in the course of their work. The office, not to be confused with special counsel Robert Mueller III’s investigation, is run by Henry Kerner, whom President Donald Trump nominated to the post.

The unsigned “Guidance Regarding Political Activity,” which was issued on Tuesday, takes the form of a question and answer and seeks to clarify the types of actions and rhetoric considered political activity and therefore prohibited at work.

In a nod to the current climate, it stipulated that advocating for or against impeachment of a candidate for federal office would be considered political because of its implications for future elections and that any use of terms like “resistance” and “#resist” would be construed as political activity.

But some government watchdogs said they feared the guidelines could have wide-ranging effects on the nearly 3 million federal government employees in the United States, as well as other state and local employees who work with federally funded programs. The ethics nonprofit American Oversight said the guidance raised “significant concerns” in a letter it sent to the office on Thursday, urging it to withdraw the memo.

“OSC’s position on impeachment advocacy or opinions goes too far,” the group’s executive director, Austin Evers, wrote in the letter, adding that “certainly there is a difference between advocating that an official should (or should not) be elected and advocating that an official did (or did not) commit treason or high crimes and misdemeanors under the Constitution.”

In particular, Evers expressed concern that the guidelines could constrain whistleblowers.

“As OSC knows well, it is critically important to ensure public employees are comfortable raising concerns about waste, fraud, or abuse in the government,” he wrote. “Impeachment is primarily a remedy for severe misconduct. If public employees are aware of conduct that could be impeachable but fear civil or criminal liability under the Hatch Act for saying so, they may be reluctant to approach OSA, inspectors general, or Congress.”

Nick Schwellenbach, the director of investigations at the Project on Government Oversight and an employee of the OSC from 2014 to 2017, said he felt the guidance likely crossed a legal line, saying the Hatch Act was meant to be narrowly focused on political activities around parties and candidates.

“The way OSC has traditionally balanced its enforcement of that statute with the First Amendment is [focused on] supporting a candidate or political party for election. I think once you start talking about more general political views, you’re starting to infringe upon people’s rights,” he said. “This one, I think, goes too far for them. It runs the risk of turning the OSC into an Orwellian enforcer inside the federal workforce.”

Schwellenbach said he believed the guidance could be successfully challenged in court on its constitutionality.

Evers also worried that the restrictions could be used to hem in employees abilities to weigh in on policy discussions.

“If resistance terminology can become inherently ‘political activity,’ so too could statements like ‘Build the Wall’ or ‘Protect our Care,’ which reflect policy positions that nonetheless are tied to the president’s campaign positions,” he wrote. “In addition, conflating resistance terminology with electoral advocacy opens the door to public employees being retaliated against for their policy positions or opinions. … If using resistance terminology is categorically barred under OSC’s Hatch Act interpretation, it could create new, insidious tools for appointees to target public employees.”

The Office of Special Counsel did not return an immediate request for comment.

[Chicago Tribune]

Trump leaves press pool behind at National Christmas Tree lighting

President Trump on Wednesday departed the National Christmas Tree lighting event without White House staff notifying a pool of reporters assigned to monitor the president’s movements of his whereabouts following a logistical mixup.

Members of the protective press pool – a group of reporters assigned to remain with the president and document his activities – indicated shortly after 6:30 p.m. that Trump had returned to the White House without any warning or comment from staffers.

Reporters were briefly held at the Ellipse outside the White House without any immediate indication of where the president had gone. They were later notified that Trump had returned to the White House via motorcade without the press pool in tow.

Members of the press pool protested the situation on Twitter.

[The Hill]

Trump suggests, without evidence, that Mueller is encouraging witnesses to lie in Russia probe

Donald Trump suggested without evidence on Wednesday that special counsel Robert Mueller and his team are bullying witnesses into lying about collusion in order to be spared punishment, marking the president’s latest attempt to discredit the Russia probe.

The president on Wednesday complained in a tweet that “While the disgusting Fake News is doing everything within their power not to report it that way, at least 3 major players are intimating that the Angry Mueller Gang of Dems is viciously telling witnesses to lie about facts & they will get relief.”

Though Trump did not specify to whom he was referring, Jerome Corsi, an associate of longtime Trump adviser Roger Stone, has been in the news in recent days for his refusal to agree to a plea deal with Mueller’s investigators.

Mueller’s team has investigated Corsi, who is known for his right-wing birther conspiracies, for possibly acting as a conduit between Stone and WikiLeaks founder Julian Assange. In a late-in-the-campaign bombshell, Assange published the emails of Clinton campaign chairman John Podesta that were determined to be stolen by Russian hackers.

Corsi said the special counsel’s team sought to strike a deal on one count of perjury, but Corsi has insisted that he hasn’t lied to investigators and suggested that Mueller’s prosecutors were attempting to coerce him into a plea deal.

Another major player in the Russia investigation, former Trump campaign chairman Paul Manafort, saw his plea deal put in danger this week after Mueller’s team accused him of lying to investigators. Manafort had entered into the deal and agreed to become a government witness following his first trial, but his subsequent lack of cooperation with investigators has renewed murmurs of a possible pardon from Trump.

There is no hard evidence that Trump’s claims are accurate and he neglected to provide proof of his accusations. But he invoked in his tweet the time period when Americans were falsely accused and investigated without evidence of being communists, calling this moment “our Joseph McCarthy Era!”

[Politico]

Trump Shares Image Calling For Mueller and Attorney General Rosenstein to Be Tried For ‘Treason’

President Donald Trump went on an extensive tweetstorm on Wednesday, which included retweeting a meme calling for his political opponents — and current attorney general — to be thrown in jail.

 

As you can see, the image shows former president Barack Obama, former FBI Director James Comey, the Clinton family, and several other Trump enemies behind bars after supposedly being tried for “treason.” Interestingly enough, the image also shows special counsel Robert Mueller and Deputy Attorney General Rod Rosenstein in prison as well.

Trump has ripped into Mueller several times this week, and today, he compared the Russia special counsel investigation to the Joe McCarthy-era Red Scare.

[Mediaite]

Trump floats new auto tariffs in response to GM layoffs

President Trump on Wednesday hinted he may support new tariffs on auto imports as his latest response to General Motors’ decision to shutter U.S. factories and lay off workers.

In a series of tweets, Trump argued that a longstanding 25 percent tariff on light trucks has boosted U.S. auto manufacturers and that the same approach could work for cars.

”If we did that with cars coming in, many more cars would be built here and G.M. would not be closing their plants in Ohio, Michigan & Maryland. Get smart Congress,” Trump wrote.

The president said major auto exporting countries “have taken advantage of the U.S. for decades” and warned “that the president has great power on this issue.”

”Because of the G.M. event, it is being studied now!” he wrote.

The comments follow a report in the German media that Trump is considering slapping a 25 percent tariff on car imports from all countries aside from Mexico and Canada. Trump previously decided to put off auto tariffs on Europe in exchange for the European Union agreeing to purchase more American soybeans.

General Motors’ announcement this week angered Trump, who views the U.S. economy as a reflection of his presidency. The plant closures and layoffs, combined with a sputtering stock market and rising interests rates, appear to have sparked fears of an economic downturn and prompted Trump to lash out.

Trump blamed Federal Reserve Chairman Jerome Powell for the stock-market slide and the GM layoffs, citing his decision to raise interest rates. The president said he also spoke to GM CEO Mary Barra to relay his unhappiness with the decision and threatened to end GM’s federal tax credit for electric vehicles.

GM has said slow demand for cars in the U.S. market, combined with tariffs on Chinese steel and aluminum, have hurt sales and forced the company to shutter plants in Lordstown, Ohio; Detroit-Hamtramck, Mich.; and White Marsh, Md.

The U.S. imposed a 25 percent tariff on imported light trucks in 1964 after France and West Germany imposed tariffs on U.S. chicken, hence the name ”chicken tax.”

[The Hill]

Trump Says Pardon for Paul Manafort is ‘Not Off the Table’

President Donald Trump declined in a new interview to rule out the possibility that he could pardon Paul Manafort, his former campaign chairman.

“It was never discussed, but I wouldn’t take it off the table. Why would I take it off the table?” Trump told the New York Post.

The President’s comments come following special counsel Robert Mueller’s accusation that Manafort violated his plea agreement and lied to Mueller’s team after being found guilty on eight counts of financial crimes in August.

[CNN]

Trump defends use of tear gas at the border

President Trump on Monday defended the use of tear gas against asylum seekers at the border, telling reporters that it was a “very minor form of tear gas” and questioning why migrants were trying to cross the border.

“First of all, the tear gas is a very minor form of the tear gas itself. It’s very safe,” Trump told reporters Monday evening in Mississippi.

“But you really say, why is a parent running up into an area where they know the tear gas is forming? And it’s going to be formed and they’re running up with a child,” he added.

Photos circulated on Monday showing women and children at a port of entry near San Diego fleeing tear gas, which was fired by Customs and Border Protection (CBP) agents.

The CBP said in a statement Monday that agents fired the tear gas after migrants attempted crossing the border illegally, some of them throwing rocks at border agents.

Trump earlier Monday said that border agents were forced to fire the tear gas.

“They had to use because they were being rushed by some very tough people and they used tear gas. And here’s the bottom line: nobody’s coming into our country unless they come in legally,” he told reporters.

In his comments Monday evening, Trump also claimed without evidence that some asylum seekers trying to cross the border were only pretending to be parents because of “certain advantages” that come with having a child.

“In some cases, they’re not the parents. These are people — they call them grabbers. They grab a child because they think they’re going to have a certain status by having a child,” he said.

“You have certain advantages in terms of our crazy laws that, frankly, Congress should be changing. If you changed the laws, you wouldn’t be having this problem,” Trump added.

The president also repeated that “violence” from asylum seekers could lead him to closing off the southern border.

“If they do a charge. Because with a closed border, it’s very easy to stop,” he said. “With an open border it’s not. If they do a charge. As you know, we have a big caravan coming up, another one.”

Trump in recent days has threatened to close off the southern border as he has ramped up his claims that the caravan of migrants moving through Mexico present a national security threat to the U.S. and presses for border wall funding to be included in the spending bills under negotiation by Congress.

[The Hill]

Media

Trump suggests creating U.S. ‘worldwide network’ to compete with CNN

President Donald Trump on Monday suggested the United States should create a “worldwide network” to combat the “unfair” way the country is treated by the media, saying CNN doesn’t have enough competition overseas.

“Throughout the world, CNN has a powerful voice portraying the United States in an unfair….” the president tweeted. “….and false way. Something has to be done, including the possibility of the United States starting our own Worldwide Network to show the World the way we really are, GREAT!”

CNN has both a domestic and international network.

The U.S. government currently funds Voice of America, an international radio broadcast source. Congress in 2017 eliminated the board of directors for the organization, with a new CEO position created, which is appointed by the president.

Trump has had a tense relationship with the press, including a brief legal battle with CNN after the White House revoked reporter Jim Acosta’s press pass.

[Politico]

Trump Lies in Tweet Ripping ‘Fake 60 Minutes’ Episode on Child Separation: ‘I Tried to Keep Them Together’

On Sunday, 60 Minutes ran a report on Trump’s family separation policy.

Trump quickly replied by calling the segment “fake news.”

“60 Minutes did a phony story about child separation when they know we had the exact same policy as the Obama Administration,” Trump wrote. “In fact, a picture of children in jails was used by other Fake Media to show how bad (cruel) we are, but it was in 2014 during O[bama] years. Obama separated children from parents, as did Bush etc.. because that is the policy and law.”

He added: “I tried to keep them together but the problem is, when you do that, vast numbers of additional people storm the Border. So with Obama separation is fine, but with Trump it’s not. Fake 60 Minutes!”

Trump’s tweet repeats a claim made by Department of Homeland Security Secretary Kirstjen Nielsen and other Trump officials to defend the child separation policy.

Yet, the administration cannot provide statistics to back up their claim that Trump’s policy was the same as Obama’s or other presidents.

In addition, Theresa Cardinal Brown, director of immigration and cross-border policy at the Bipartisan Policy Center noted to FactCheck.org that previous administrations used “family detention facilities, allowing the whole family to stay together while awaiting their deportation case in immigration court, or alternatives to detention, which required families to be tracked but released from custody to await their court date,”  making it clear Trump’s policy is indeed not the “exact same” policy as Trump claimed in his Sunday night tweet.

[Mediaite]

Trump Announces All Asylum Seekers Must Now ‘Stay in Mexico’ Until Claims Approved in Court

On Saturday, President Donald Trump announced via a pair of tweets that migrants seeking asylum will now have to remain in Mexico until their claims are approved in court.

“Migrants at the Southern Border will not be allowed into the United States until their claims are individually approved in court. We only will allow those who come into our Country legally. Other than that our very strong policy is Catch and Detain. No ‘Releasing’ into the U.S.,” Trump wrote.

He then added in a second tweet: “All will stay in Mexico. If for any reason it becomes necessary, we will CLOSE our Southern Border. There is no way that the United States will, after decades of abuse, put up with this costly and dangerous situation anymore!”

Trump’s announcement comes just days after the Washington Postreported on plans to implement the policy as early as Friday.

According to DHS memos obtained by The Washington Post on Wednesday, Central American asylum seekers who cannot establish a “reasonable fear” of persecution in Mexico will not be allowed to enter the United States and would be turned around at the border.

The plan, called “Remain in Mexico,” amounts to a major break with current screening procedures, which generally allow those who establish a fear of return to their home countries to avoid immediate deportation and remain in the United States until they can get a hearing with an immigration judge. Trump despises this system, which he calls “catch and release,” and has vowed to end it.

At the time, Department of Homeland Security spox Katie Waldman said the policy will not start “this week.”

Yet, Trump also teased plans to close the entire border while speaking with reporters on Thanksgiving Day.

Earlier today, WaPo also reported that the Trump administration had reached a deal with Mexico to allow migrants to wait in the country. However, incoming Interior Minister Olga Sanchez has since deniedsuch deal exists.

The ‘Remain in Mexico’ policy is likely to meet court challenges in the days ahead especially since just this past Monday a San Francisco judge ruled Trump may not rewrite immigration laws.

[Mediaite]

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