Category: Policies

Trump labels US justice system ‘laughing stock’

President Donald Trump called for “quick justice” and “strong justice” for terror suspects in the wake of the deadly New York City attack.

We have to come up with punishment that’s far quicker and far greater than the punishment these animals are getting right now. They’ll go through court for years. At the end, they’ll be — who knows what happens. We need quick justice, and we need strong justice. Much quicker and much stronger than we have right now, because what we have right now is a joke, and it’s a laughing stock. And no wonder so much of this stuff takes place.

Tuesday’s terror attack in New York was the city’s deadliest since 9/11. Sayfullo Habibullaevic Saipov drove a rented van down a bike path, law enforcement sources have said. The attack killed six victims instantly, while two others died later. New York politicians and officials quickly labeled the incident a terror attack.

[CNN]

Reality

As Vox points out, this is verifiably false pretty much from top to bottom.

There is no evidence that US courts are unable to prosecute terrorism suspects in a timely fashion. The opposite: Since 9/11, more than 620 individuals have been convicted on terrorism charges in 63 separate federal courts, according to a May 2017 count by Human Rights First. None of these terrorists have broken out of prison, and none of the courts have suffered retaliatory attacks.

Moreover, the US already tried to set up an alternative system — the military tribunals at Guantanamo Bay, Cuba, that George W. Bush established after 9/11 — and it was a disaster.

Military courts are well equipped to try US service members who violate military laws, but aren’t set up to deal with complex and wide-ranging constitutional and classification issues raised by major terrorism prosecution. This makes them slower and puts verdicts on less sure legal footing. In the same time span that civilian courts convicted 620 individuals on terrorism charges, military commissions convicted a grand total of eight people.

Trump repeals consumer arbitration rule, wins banker praise

President Trump on Wednesday signed a repeal of the Consumer Financial Protection Bureau’s rule on forced arbitration, winning praise from banking and business groups.

Trump approved the resolution to repeal the CFPB rule, meant to prevent banks and credit card companies from blocking customers from joining class-action lawsuits against them, in a private Oval Office signing.

The House passed a resolution to repeal the rule in July, which passed the Senate two weeks ago.

Trump was joined by the heads of several banking lobbying groups that opposed the CFPB rule, contending it would kill cheaper options for consumers while enriching trial lawyers.

The chiefs of the Consumer Bankers Association, Independent Community Bankers of America, National Association of Federally-Insured Credit Unions and several other groups attended the signing.

The arbitration rule repeal is a major victory for finance and business groups, which promised to fight the measure soon after it was released in July. Critics say the rule went too far in restricting arbitration based on a CFPB study they consider flawed and misleading.

“Arbitration is a well-established and tested process that offers better results for consumers and helps avoid frivolous class-action suits,” said Independent Community Bankers of America President Camden Fine.

“[Independent Community Bankers of America] thanks the president for swiftly signing this measure into law because it preserves community banks’ contractual right to pursue fair and timely resolution through arbitration and avoid prohibitively expensive and protracted litigation.”

Richard Hunt, Consumer Bankers Association president and CEO, said the arbitration rule “was about protecting trial lawyers and their wallets,” praising Trump and Congress for ensuring “consumers have the necessary tools to receive relief without going through drawn-out class action proceedings.”

Dan Berger, National Association of Federally-Insured Credit Unions president and CEO, said the group “was honored to have been invited to the White House to watch the undoing of a rule that likely would have had negative effects on the credit union industry.”

Democrats and the CFPB criticized Trump, claiming he sides with banks over consumers. They’ve long called for action on forced arbitration, which they say denies fraud victims basic legal rights, and the CFPB rule was the most ambitious effort to regulate the practice.

CFPB Director Richard Cordray said “in signing this resolution, the president signed away consumers’ right to their day in court.”

“This action tips the scales of justice in favor of Wall Street banks less than 10 years after they caused the financial crisis,” said Cordray, who asked Trump on Monday to spare the rule. “By blocking our arbitration rule, this action makes it nearly impossible for ordinary people to stand up for themselves against corporate giants like Wells Fargo and Equifax.

“Now more than ever, it is critical that the Consumer Bureau remain a strong check on financial companies,” he said.

Better Markets, a nonprofit aligned with the CFPB, said, “Today, the Trump administration and Republicans in Congress have made it clear, they are on the side of Wall Street banks not Main Street consumers.”

Rep. Tim Ryan (D-Ohio) called Trump’s repeal “a disgrace,” tweeting that “If [Trump] cared about working people he’d veto this swampy legislation.”

[The Hill]

Trump: Suspect Entered U.S. in ‘Diversity Visa Lottery’, Blames Schumer

President Donald Trump said Wednesday that the Uzbek immigrant suspected of murdering eight people in New York City with a rental truck entered the U.S. through the “Diversity Visa Lottery Program” and the president charged Sen. Chuck Schumer and Democrats had loosened the nation’s borders.

Trump did not provide any supporting evidence for the claim about the visa program, which was being discussed on the morning TV program “Fox and Friends” that the president indicated in his tweets he was watching.

“The terrorist came into our country through what is called the ‘Diversity Visa Lottery Program,’ a Chuck Schumer beauty. I want merit based,” Trump tweeted.

“We are fighting hard for Merit Based immigration, no more Democrat Lottery Systems. We must get MUCH tougher (and smarter) @foxandfriends,” Trump tweeted, citing the morning program whose hosts were discussing the visa lottery.

“Senator Chuck Schumer helping to import Europes problems, said Col.Tony Shaffer. We will stop this craziness! @foxandfriends,” Trump added, appearing to reference a retired U.S. Army Reserve Lieutenant Colonel who appeared on the program Wednesday.

Moments later, House Homeland Security Committee Chairman Michael McCaul, R-Texas, told MSNBC’s “Morning Joe” that the the suspect in the attack had entered the U.S. “through a diversity program, a lottery program.” He did not elaborate.

Schumer, for his part, shot back at Trump on Twitter: “I guess it’s not too soon to politicize a tragedy.”

In a statement, the New York senator slammed Trump for “dividing America” and called on the president not to follow through on proposed cuts to “vital anti-terrorism funding.”

“I have always believed and continue to believe that immigration is good for America,” Schumer said. “President Trump, instead of politicizing and dividing America, which he always seems to do at times of national tragedy, should be focusing on the real solution — anti-terrorism funding — which he proposed cutting in his most recent budget.”

The Trump-Schumer back and forth came less than 24 hours after eight people were killed and about a dozen more were injured when a motorist in a rented pickup truck deliberately drove down a bike path in lower Manhattan and mowed down several people before crashing into a school bus in what officials said was a terrorist attack.

Police found a note inside the truck that was used indicating the suspect claimed to have carried out the attack for the Islamic State terrorist group.

The suspect was identified as a 29-year-old Uzbek immigrant named Sayfullo Saipov, who entered the United States in 2010, law enforcement officials said. It wasn’t immediately clear under what circumstances Saipov came to the United States.

According to The New York Times, he had obtained a green card, giving him permanent legal resident status in the U.S.

Trump, in his tweets Wednesday, was apparently referring to the Diversity Immigrant Visa lottery, which was established by the Immigration Act of 1990. That bill was passed with bipartisan support and signed into law by then-President George H.W. Bush.

The program allows the State Department to offer 50,000 visas annually to immigrants from countries with low immigration rates.

Democrats quickly hit back against Trump’s claims.

Rep. Adam Schiff, D-Calif., the ranking Democrat on the House Intelligence Committee, told MSNBC’s “Morning Joe” that “it was kind of absurd (for Trump)…to be using it as a fulcrum for … this kind of a debate.”

“I don’t think this is the time to get political,” New York Gov. Andrew Cuomo said on MSNBC’s “Morning Joe.” “There is no doubt we have to be smarter and have more intelligence… but there is also no doubt that is not the time to play politics, to foment hate, this is not the time to divide.”

At least one Republican defended the diversity visa lottery.

“To be honest with you, I’ve known a number of people in New York who come in under the lottery system, they’ve made outstanding contributions, they’ve become citizens,” Rep. Peter King, R-N.Y., a former House Homeland Security Committee Chairman, told Fox Business Channel. “So that really is separate from the idea of the vetting.”

According to the State Department, diversity visa lottery applicants must meet certain education and work experience requirements, like having obtained “at least a high school education or its equivalent” or “two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform.”

People who are not from an eligible country can also qualify if their spouse was born in an eligible country.

The State Department determines selectees through a randomized computer drawing, its website states.

In 2013, a bipartisan group of senators known as the “Gang of Eight” proposed an compromise immigration reform bill that would have eliminated the diversity lottery. The bill did not make it through Congress.

[NBC News]

Trump Chief of Staff John Kelly Says ‘Lack of Compromise’ Led to Civil War

White House Chief of Staff John Kelly waded into the long-simmering dispute over the removal of memorials to Confederate leaders saying in a televised interview on Monday night that “the lack of an ability to compromise led to the Civil War.”

In the interview on Fox News’ “The Ingraham Angle,” host Laura Ingraham asked Kelly about the decision by Christ Church, an Episcopal congregation in the Washington suburb of Alexandria, Virginia, to remove plaques honoring President George Washington and Robert E. Lee, the commander of Confederate forces during the Civil War.

“Well, history’s history,” said Kelly, whom President Donald Trump moved from secretary of homeland security to be his chief of staff in July. “You know, 500 years later, it’s inconceivable to me that you would take what we think now and apply it back then. I think it’s just very, very dangerous. I think it shows you just how much of a lack of appreciation of history and what history is.”

Confrontations over removal of Confederate monuments have exposed deep rifts in American society between advocates who argue that the Civil War is a foundation stone of American history whose combatants acted out of conscience and those who contend that the memorials honor Southern defenders of slavery who betrayed their country by launching an armed rebellion.

A subset of pro-memorial advocates includes so-called alt-right political activists and white nationalists, who were blamed for violence in Charlottesville, Virginia, in August when a car drove into a group of counter-protesters, killing one person and injuring 19 other people.

Trump’s reaction to Charlottesville drew condemnation after he said “both sides” were to blame for the violence and that there are “two sides to a story.”

Kelly on Monday night explained the Civil War’s genesis by saying “men and women of good faith on both sides” took a stand based on their conscience.

“Robert E. Lee was an honorable man,” Kelly said, adding: “The lack of an ability to compromise led to the Civil War.”

Kelly during the interview was also asked about whether he would apologize to Rep. Frederica Wilson, D-Fla., for making inaccurate statements about her after she criticized Trump’s condolence call this month with a fallen soldier’s wife.

Kelly accused her of grandstanding during a 2015 ceremony to dedicate a new FBI field office in Miami and said she wrongly took credit for securing federal funding for the building. She did not take credit for it.

Still, Kelly held his ground Monday.

“Oh, no,” Kelly said. “No. Never. Well, I’ll apologize if I need to. But for something like that, absolutely not. I stand by my comments.”

The following is the full transcript of Kelly’s remarks on the removal of Confederate statues:

Well, history’s history. And there are certain things in history that were not so good and other things that were very, very good.

I think we make a mistake, though, and as a society, and certainly as individuals, when we take what is today accepted as right and wrong and go back 100, 200, 300 years or more and say, ‘What Christopher Columbus did was wrong.

‘

You know, 500 years later, it’s inconceivable to me that you would take what we think now and apply it back then. I think it’s just very, very dangerous. I think it shows you just how much of a lack of appreciation of history and what history is.

I would tell you that Robert E. Lee was an honorable man. He was a man that gave up his country to fight for his state, which 150 years ago was more important than country. It was always loyalty to state first back in those days. Now it’s different today. But the lack of an ability to compromise led to the Civil War, and men and women of good faith on both sides made their stand where their conscience had them make their stand.

Media

https://www.youtube.com/watch?v=uUjZy9Qiegw

Trump chooses not to deport wealthy Chinese fugitive – after finding out he’s a Mar-a-Lago member

President Donald Trump was reportedly on the verge of deporting billionaire Chinese fugitive Guo Wengui, but changed his mind after aides informed him that Guo is a fellow billionaire and a member in good standing at the president’s Florida resort, Mar-a-Lago.

According to Vanity Fair‘s Isobel Thompson, Guo is wanted on charges of rape, bribery and kidnapping in his native China.

Much like Trump, the international fugitive is a wealthy real-estate developer with a massive Twitter following and an intense interest in building and promoting his personal brand.

Longtime Trump friend and casino magnate Steve Wynn delivered Trump a letter from the Chinese government demanding Guo’s extradition. Trump was inclined to take his friend’s advice, in spite of the conflict of interest posed by the fact that Wynn is dependent upon China’s approval to obtain licenses for his casinos in Macau.

Guo built a real estate empire in Beijing, but fled China in 2014 after being informed that he was about to be arrested. Since then he has taunted the Chinese government on Twitter, telling sensational — and possibly apocryphal — stories about Chinese government corruption.

There is no extradition treaty between China and the U.S. — meaning Trump is not obligated to hand over criminals wanted in China. Guo bought a $67.5 million apartment overlooking Central Park in New York City.

In May, Chinese government operatives visited Guo at his apartment — in violation of their visa status.

Thompson explained, “Entering the country on a visa that allows foreign government officials to travel through America en route to another destination without conducting official business, they met Guo at his apartment and pressured him to return to China and drop his accusations.”

The officials were nearly arrested at JFK airport, which could have sparked an international incident.

In June, Trump met with aides to discuss foreign policy toward China. He stunned the group by producing the letter forwarded to him by Wynn and saying that he was inclined to agree to the extradition.

Fearing that the handover would make the U.S. look weak and establish a dangerous precedent with foreign governments, aides urged set about trying to convince Trump not to fulfill China’s request.

They informed Trump that Guo “happens to be a member of his Mar-a-Lago resort (a privilege that costs $200,000 in initiation fees plus $14,000 in annual dues),” Thompson said. “The president subsequently changed his mind, exposing a secondary set of even more problematic biases. Apparently, Trump was more than happy to allow a wealthy friend to pressure him on foreign policy — until he was made aware of an even more pressing concern,” the possibility of losing a paying member of Mar-a-Lago.

[Raw Story]

Trump Blames Generals for Niger Ambush That Got Four U.S. Soldiers Killed

Did President Donald Trump, the commander-in-chief, just blame U.S. generals for the deadly October 4 ambush in Niger?

When asked by reporters on Wednesday if he authorized the mission in Niger that left four U.S. Army Special Forces soldiers dead, Trump said, “No, I didn’t, not specifically.” The generals have “decision-making ability,” he added.

“I have generals that are great generals,” he said during an impromptu press conference outside of the White House before heading off to Dallas. “These are great fighters; these are warriors. I gave them authority to do what’s right so that we win. That’s the authority they have. I want to win. And we’re going to win.”

Trump referred to the leaders as “my generals” and “my military.” He’s used such phrasing before, which has angered the military community.

“When it comes to the military, the military belongs to the country. Our defense system belongs to the country. And it’s not the president’s military, it’s the military of the United States of America,” Leon Panetta, a former defense secretary and director of the CIA, said in April.

This is also not the first time Trump has seemingly placed responsibility for a deadly military incident on the generals. After a botched raid in Yemen resulted in the death of U.S. Navy SEAL Chief Petty Officer William “Ryan” Owens in late January, Trump said, “My generals are the most respected that we’ve had in many decades I believe. And they lost Ryan.”

During his presidential campaign, Trump said, “I know more about ISIS than the generals do, believe me.” His actions since becoming president, however, suggest Trump doesn’t believe this at all.

Trump has delegated far more autonomy to the Pentagon in conducting military operations than was offered by his predecessor, Barack Obama. He’s also filled his cabinet with military men. Chief of Staff John Kelly and Defense Secretary James Mattis are both retired Marine generals.

“What I do is I authorize my military…. We have given them total authorization, and that’s what they’re doing,” Trump said in April. The president argued this is why the military has been “so successful” under his watch compared to “what has happened over the last eight years.”

The military seems to appreciate this newfound independence under Trump.

“It has freed us up a bit to prosecute the war in a more aggressive manner, I think,” said Lieutenant General Stephen Townsend, commander of the U.S.-led coalition forces fighting the Islamic State militant group (ISIS) in Iraq and Syria from August 2016 to September 2017, during an interview with Time over the summer.

But some have argued that the lack of restrictions has only made the military more trigger-happy, which could help explain the extreme rise in civilian deaths from U.S. air strikes under Trump. The rules the president has rolled back were designed to prevent civilian casualties.

Does the military’s increased autonomy also place troops in greater danger? This is less clear. But some argue that Trump has skirted portions of his responsibility as commander-in-chief, and that on more than one occasion this has allowed him to point to his generals when things have gotten messy.

Meanwhile, many questions remain about what exactly happened in Niger on October 4, and an investigation is ongoing.

[Newsweek]

Media

Small company from Trump Interior chief’s hometown wins massive contract to restore Puerto Rico’s power

A small Montana company located in Interior Secretary Ryan Zinke’s hometown has signed a $300 million contract to help get the power back on in Puerto Rico, The Washington Post reported.

Whitefish Energy had only two full-time employees on the day Hurricane Maria hit Puerto Rico, according to the Post. The company signed the contract – the largest yet issued to help restore Puerto Rico – with the Puerto Rico Electric Power Authority to fix the island’s electrical infrastructure.

The company now has 280 workers on the island, the Post reported, a majority of whom are subcontractors.

A former senior official at the Energy Department and state regulatory agencies said it was “odd” that Whitefish Energy would be chosen.

The fact that there are so many utilities with experience in this and a huge track record of helping each other out, it is at least odd why [the utility] would go to Whitefish,” Susan F. Tierney said.

“I’m scratching my head wondering how it all adds up.”

Whitefish Energy happened to be the first firm “available to arrive and they were the ones that first accepted terms and conditions for PREPA,” Ricardo Ramos, the executive director of PREPA, the island’s power authority, told reporters.

“The doubts that have been raised about Whitefish, from my point of view, are completely unfounded,” he added.

Whitefish Energy spokesman Chris Chiames told the newspaper that the company is taking “personal risks and business risks working in perilous physical and financial conditions.”

“So the carping by others is unfounded, and we stand by our work and our commitment to the people of Puerto Rico,” he said.

Zinke’s office said in an email to the Post that Zinke and Whitefish Energy’s chief executive know each other.

“Everybody knows everybody” in the town, Zinke’s office said, adding that Zinke wasn’t involved in the contract.

[The Hill]

Pence casts tie-breaking vote to make it more difficult for consumers to sue banks and credit card companies

The Senate has voted to nullify a consumer-oriented rule that would let millions of Americans band together to sue their banks or credit card companies.

Vice President Mike Pence cast the tie-breaking vote Tuesday night to stop the rule from going into effect – the fifth instance he has broken a 50-50 tie since taking office.

Many consumers must go through an arbitrator to resolve financial disputes, but the Consumer Financial Protection Bureau finalized a rule that bans most types of mandatory arbitration clauses.

The rule exposed banks to large class-action lawsuits. Supporters say that possibility would help ensure banks, credit card companies and other lenders treat consumers appropriately.

The vote comes months after House action and reflects the effort of the Trump administration and congressional Republicans to undo regulations that the GOP argues harm the free market.

Democrats said before the vote that nullifying the rule would be a victory for Wall Street.

The resolution will now go to President Donald Trump, who is expected to sign it into law.

[Business Insider]

 

Lawmakers want immediate review of travel restriction on Putin critic

The United States government has revoked travel privileges for a fierce critic of Russian President Vladimir Putin, stirring alarm on Capitol Hill.

Bill Browder, a crusader for the Magnitsky Act designed to punish Russian human rights abusers, found himself blocked from traveling to the United States in recent days.

The situation appears to be triggered by Russia’s decision to place Browder on the Interpol wanted list in pursuit of his arrest.

“The Department of Homeland Security should expedite an immediate review of the decision to revoke Mr. Browder’s visa,” Sens. John McCain (R-Ariz.) and Ben Cardin (D-Md.) said in a statement on Monday.

The senators said it “would be unfortunate if the U.S. decided to bar him based on a decision by those same Russian officials who have been targeted by this important legislation.”

Browder, a British citizen, told The Hill in an interview Monday that he was notified late last week that the Department of Homeland Security had revoked his status as a member of the Global Entry program, which is administered by Customs and Border Protection and allows trusted travelers expedited entry into the country.

When Browder tried to book a flight to the United States, he further discovered that his privileges to enter the U.S. ad a citizen of Great Britain had been revoked. Browder uses the Electronic System for Travel Authorization to gain entry into the U.S. under the Visa Waiver Program.

“I discovered that my Global Entry status had been revoked,” Browder said. “We then checked into a flight to Newark and the airline wouldn’t let me check in, wouldn’t let me board because of the visa issue.”

“At that point, I then contact my contacts in law enforcement and it was confirmed to me that Russia had added me using the Interpol diffusion system on the 17th of October,” Browder added.

Browder is a British financier who has been a major driving force behind the Magnitsky Act, a bipartisan law was passed in 2012 to punish human rights abusers in Russia. The law is named for Sergei Magnitsky, a Russian lawyer, who was jailed after discovering a tax fraud scheme and who died under suspicious circumstances. Browder was one of Magnitsky’s clients.

Browder’s support for the law has made him an enemy of Moscow. Russia has on four previous occasions petitioned to get Interpol to secure Browder’s arrest, though the international police organization has rejected the requests, deeming them politically motivated.

In the past, Browder’s visa privileges were revoked as a result of Russia’s actions, but he said the U.S. government previously had resolved the issue within hours.

“I am hopeful that this is just a technical issue driven by Interpol and it will be resolved quickly,” Browder said Monday.

The Department of Homeland Security did not respond to a request for more information. Browder said he received little information from Homeland Security when he inquired about his Global Entry status in recent days.

[The Hill]

Update

After the firestorm, Browder has been cleared again to enter the US.

EPA cancels appearance of scientists at climate change event

The Environmental Protection Agency (EPA) has canceled the appearance of three scientists at an event on Monday in Rhode Island about a report, which deals in part with climate change.

The New York Times reports EPA spokesman John Konkus confirmed on Sunday that agency scientists would not be speaking at the event in Providence. Konkus did not provide an explanation.

The event is designed to draw attention to the health of Narragansett Bay, which forms New England’s largest estuary.

A spokesman for Democratic U.S. Sen. Jack Reed of Rhode Island says the event will go on as planned and the report that EPA scientists helped work on will be released.

In a statement to The Associated Press Sunday night, Reed said “muzzling EPA scientists won’t do anything to address climate change.”

[CBS News]

Reality

You can read the report here.

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