Donald Trump Threatens to Close Congress Unilaterally

At his coronavirus press conference on Wednesday, President Donald Trump issued a stunning threat-slash-promise-slash-constitutional fantasy. Complaining that Democrats were blocking his judicial appointees, the president said that the Senate should either end its current pro forma session and come back to Washington amidst a pandemic to approve his appointees or officially adjourn so that he can make recess appointments. “The Senate has left Washington until at least May 4,” Trump said. “The Constitution provides a mechanism for the president to fill positions in such circumstances, the recess appointment it’s called. The Senate’s practice of gaveling into so-called pro forma sessions where no one is even there has prevented me from using the constitutional authority that we’re given under the recess provisions. The Senate should either fulfill its duty and vote on my nominees or it should formally adjourn so that I can make recess appointments.”

“If the House will not agree to that adjournment,” he continued, “I will exercise my constitutional authority to adjourn both chambers of Congress. The current practice of leaving of town while conducting phony pro forma sessions is a dereliction of duty that the American people cannot afford during this crisis. It is a scam what they do.”

Trump is likely referencing Article 2, Section 3 of the Constitution, which provides that the president can “on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper.” Does he have the power to actually do this, though? According to this 1964 article from the New York Times the Senate Parliamentarian issued an opinion in that year, regarding presidential authority to adjourn Congress: “The answer is yes—but only under, certain unusual circumstances. These conditions are so limited that a President has never exercised the power to adjourn Congress.”

The clause as written seems to require that the president can only force the Senate to adjourn “in Case of Disagreement between them,” which suggests that it operates in cases where the House and Senate disagree about a date for adjournment. But the House and Senate have already agreed on a date: Jan 3, 2021.

Trump, it seems, needs Senate Majority Leader Mitch McConnell and a majority of Senators to come back to Washington to adjourn the Senate, which would then trigger a disagreement with the House of Representatives, as Speaker of the House Nancy Pelosi would presumably then refuse to adjourn. On Wednesday, McConnell’s office said that he had spoken with Trump about the recess appointment question, but also indicated that he would not be altering Senate rules to get Trump his appointments. If McConnell were to adjourn along a party-line vote—possibly blowing up the filibuster in the process—theoretically, Trump would then adjourn the two disagreeing bodies. Recess appointments under this scheme would last only until January of 2021, but it would still be an unprecedented power grab. As historian Michael Beschloss tweeted, “Wilson, Taft and FDR were all urged to adjourn Congress and all refused.”

“They know they’ve been warned and they’ve been warned right now,” Trump said. “If they don’t approve it, then we’re going to go this route and we’ll probably be challenged in court and we’ll see who wins.”

Indeed, if Trump did manage to get Senate Republicans to go along with this plan, one wonders what the conservative-controlled Supreme Court might do. In 2014, the Supreme Court validated the legitimacy of holding pro forma sessions for the purpose of preventing recess appointments in NLRB v. Noel Canning, but that case did not involve the use of this unprecedented mechanism by a president. It would be challenged on a number of fronts.

“It is unclear that we have an extraordinary occasion in the sense that the Framers were using it,” University of Richmond School of Law Carl Tobias told me in an email. “It is not surprising that the provision has never been invoked, because no president has ever found the existence of an extraordinary occasion that warranted exercise of this power, even [though] the [United States] had the Civil War and two declared World Wars, while the House and Senate have always been able to agree on a time to adjourn.”

It’s possible that the move is also just intended as a feint to distract from Trump’s disastrous response to the COVID-19 pandemic and the spiraling economy. “Trump desperately wants to change the subject—away from the pandemic he’s so badly handled that’s killing Americans and toward this,” Georgetown Law professor Josh Geltzer told me. “It’s important to explain why he is out of step with American constitutional traditions. But it’s also important not to let him change the focus at this critical time.”

Ultimately, the real concern is that someone has advised President Trump that he has the power to adjourn Congress and he’s building an argument for it; his White House Counsel and Justice Department are doubtless crafting the fanciful legal scaffolding right now. As is often the case when the president makes broad claims about untested constitutional authority, the worry is less that he will adjourn Congress tomorrow, and more that he is recreationally floating insane notions, bolstering them with in-house analysis, and laying the groundwork for emergency powers he may someday seek in earnest. It’s happened before and there is no reason it can’t happen again.

[Slate]

Trump accuses governors of ‘mutiny’ as tensions mount over reopening

President Donald Trump compared strain between himself and a group of governors to the film “Mutiny on the Bounty,” as tensions mounted over when and how to reopen economies amid the coronavirus pandemic.

“A good old fashioned mutiny every now and then is an exciting and invigorating thing to watch,” Trump said in a tweet. “Especially when the mutineers need so much from the Captain,” he added.

Trump addressed his comments to the “Democrat Governors,” after a group of six eastern states on Monday said they would jointly develop a plan to reopen the region’s economies and schools. After the announcement, Massachusetts, which is led by a Republican, joined the effort.

The governors of California, Oregon and Washington announced similar plans. Those states are led by Democrats.

Monday, Trump asserted he had authority to open states, a claim that drew fire from New York Gov. Andrew Cuomo, among others.

[MarketWatch]

Watch Trump Admit to Mail-In Voting, Literally Seconds After Calling Mail-in Voting ‘Corrupt’

President Donald Trump made clear that he believes that mail-in voting is a horrible and easily corruptible process during Tuesday afternoon’s press conference, as Wisconsin held an election amid the coronavirus pandemic.  But when pressed, he admitted that he himself votes by mail, because he can.

In the context of the much-criticized decision to hold the Wisconsin election in a traditional manner, NBC News reporter Carol Lee noted to Trump that he had been highly critical of mail-in voting and mail-in ballots.

Trump agreed, saying “Mail-in voting is horrible. It’s corrupt,” but Lee followed by noting to the president “You voted in Florida’s election last month.”

Trump explained that, “I won’t be able to go to Florida to vote,” noting a difference between “somebody out of state and does a ballot and everything’s sealed, certified and everything else.”

He then went back to how bad he feels mail-in voting to be and made clear that he thinks “mail-in voting is a terrible thing.”

“I think if you vote, you should go, and even the concept of early voting is not the greatest. There’s a lot of things that happen. It’s okay. You should go and vote. I think you should go and you should vote. You look at with a deal where they grab thousands of mail-in ballots in the dump it. I’ll tell you what. I don’t have to tell you. You can look at the statistics. There is a lot of dishonesty going on with mail-in voting. Mail-in ballots.”

[Mediaite]

Trump: Republicans ‘should fight very hard’ against expanded mail-in voting

President Trump on Wednesday urged Republicans to “fight very hard” against expanding mail-in voting, portraying ballot access as a partisan issue amid concerns that the ongoing coronavirus pandemic will make going to the polls unsafe.

“Republicans should fight very hard when it comes to state wide mail-in voting. Democrats are clamoring for it. Tremendous potential for voter fraud, and for whatever reason, doesn’t work out well for Republicans,” Trump wrote in a tweet that appeared to be inspired by a segment “Fox & Friends.”


The president’s tweet marks his latest rebuke of mail-in voting in the last several days. It also comes the day after voters in Wisconsin headed to the polls for the state’s primary after the state Supreme Court blocked an executive order to delay the election due to the pandemic.

Trump has repeatedly claimed that vote-by-mail is “corrupt” and fosters potential for voter fraud, though Colorado, Hawaii, Oregon, Utah and Washington already conduct their elections by mail and there is no evidence of widespread fraud in those states.

“I think mail-in voting is horrible. It’s corrupt,” Trump said Tuesday.

When a reporter noted that Trump voted by mail in Florida’s primary last month, the president suggested it was different because he lives out of state.

Democrats have pushed for expanded funding for voting as part of legislation to respond to the coronavirus. Democratic leaders have argued states should be prepared to conduct mail-in voting in November in the event the pandemic continues late into the year and prevents volunteers and voters from getting to polling places.

“It’s about our democracy, it’s about our democracy when it’s even a physical challenge to vote, so we want to have more resources to vote by mail, more same-day registration, more states sending ballots to those who are qualified to vote,” Speaker Nancy Pelosi (D-Calif.) said Tuesday on CNN.

Trump and other Republicans have largely rejected the idea of widespread vote-by-mail, with some arguing it would harm the electoral prospects of GOP candidates.

[The Hill]

Trump complains he can’t execute drug dealers after ‘quick trials’ like they do in China

President Donald Trump on Tuesday complained that he can’t oversee the quick execution of drug dealers — and suggested that the United States should start taking its cues from China.

During a talk at the National Association of Counties Legislative Conference, Trump said that authoritarian dictatorships do a better job of stopping illicit drug use in their countries because defendants don’t have all the constitutional protections that they’re entitled to in the United States.

“You go into China, you say, ‘How’s your drug problem,’ they don’t even know, President Xi doesn’t even know what you’re talking about!” the president said. “They have quick trials, and I won’t even tell you what the punishment is, but let me just say it’s very swift.”

The president then said he didn’t believe American citizens were ready to be “tough” on drug dealers like China was.

“I just don’t know whether or not this country is ready for that, but the only countries that don’t have drug problems are countries where the retribution is unbelievably tough,” the president said.

[Raw Story]

Trump’s Dangerous Push for an Endless Presidency Threatens American Democracy

Donald Trump recently toyed with the idea of remaining in office indefinitely, even suggesting that it would not be a bad idea. During his speech at the Israeli-American Council National Summit, he boasted about his presidency as the best for Israel, detailing controversial actions like moving the U.S. embassy from Tel Aviv to Jerusalem. This decision has been met with global backlash, especially from Palestinians who consider Jerusalem their capital.

In his remarks, Trump implied a desire to extend his time in power, claiming that some had joked about him not leaving office. Trump recounted conversations with supporters, hinting at future scenarios where he could remain president, saying, “these people are so stupid… now we have to start thinking about that.” This raises serious concerns about his understanding of democratic principles and the peaceful transfer of power.

Amid audience cheers, he continued, “When they all scream ‘four more years! Four more years!’ I always say, ‘make it 12 years,’” suggesting he would revel in driving his critics into frustration. This rhetoric mirrors authoritarian tendencies, where the leader seeks to undermine democratic norms for personal ambition.

Concerns about Trump’s potential refusal to leave office have been previously echoed by political commentators and even his former associates. Issues of potential civil unrest were raised by figures like Bill Maher and Michael Cohen, who articulated fears of a violent reaction should Trump lose an election, reinforcing the idea that his commitment to democracy is superficial at best.

As Trump continues to normalize such undemocratic sentiments, it becomes clear that his vision extends beyond the presidency into a realm of quasi-dictatorship. This stance poses a profound threat to American democracy, making it imperative for citizens and lawmakers to remain vigilant against any encroachments by Trump and his Republican allies.

(h/t: https://www.newsweek.com/trump-jokes-he-wont-leave-presidency-after-8-years-its-not-bad-idea-1476178)

Trump Openly Claims Authority to Direct Attorney General To Investigate Anyone He Wants

President Donald Trump addressed the latest kerfuffle-cum-constitutional crisis in a Friday morning tweet following Attorney General Bill Barr’s apparent intervention in the sentencing of Roger Stone.

Stone was found guilty of seven felony counts last November, including lying to Congress and witness tampering during the investigation into Russian intelligence and interference in the general election. As such, prosecutors recommended a seven to nine-year prison sentence, which Trump criticized vocally. Barr eventually intervened to recommend a lighter sentence, to which Trump tweeted his thanks.

In an interview with ABC News, Barr claimed that he would never be bullied by anyone (including the president) and criticized Trump’s tweets for creating a distraction. It is worth noting that, despite his claims otherwise, Barr appeared to do exactly what Trump had asked, eventually earning Trump’s praise. So that’s the context… still with me?

Ever one to jump on a news cycle, and get ahead of a story, Trump addressed this story obliquely, saying that he has the “legal right” to ask his attorney general to do anything in a criminal case.

“Trump just openly and explicitly stated that it’s perfectly within his authority to direct his Attorney General to open criminal investigations into anyone he wants,” offered Washington Post columnist Greg Sargent, in as a pure expression of what many will see as an open flouting of checks and balances in the U.S. government.

This is the very point made Thursday night on CNN by Jeffrey Toobin following a Washington Post report about this very concept. “The idea [James Comey] committed a crime is absurd. The person in a really perilous condition right now is the CNN contributor Andrew McCabe, who is under investigation from the U.S. Attorney’s office right now. And, you know, has had his case dangling out there. The president obviously wants Andy McCabe prosecuted and it’s just grotesque that you have the President of the United States behaving this way with the power of prosecution exercised in this way.”

The attorney general IS appointed by the president, then confirmed by Congress. And it’s not unusual for the top law enforcement official to work hand in glove with the sitting president. Many might read Trump’s tweet, however, as a rather foreboding omen of what may come to Trump’s political foes.

If he feels that someone has done him wrong, and he can direct the AG to serve as his own personal henchman (of which there is an abundance of evidence) then what is to keep him from seeking investigations into those he feels might threaten his reelection? Oh wait, he’s already done that.

[Mediaite]

Trump Says He Has the ‘Absolute Right’ to Tell DOJ What to Do – but Claims He Didn’t in Stone Case Despite Angry Tweet

President Donald Trump says he has the “absolute right” to direct the Dept. of Justice in who and how it prosecutes, but claims that he didn’t, despite his furious tweet overnight attacking the DOJ and calling prosecutors’ sentencing recommendation of Roger Stone a “miscarriage of justice.”

Trump also called the 7 to 9 year recommendation of jail time for Stone, his ally, confidant, and former campaign advisor, an “insult to our country.” Trump often conflates himself and the nation, as if he is the country.

Saying he did not speak to anyone at DOJ Trump then said, “I’d be able to do it if I wanted I have the absolute right to do it.”

Calling the sentencing recommendation “ridiculous” Trump added, “I thought the whole prosecution was ridiculous.”

“That was a horrible abberition,” he concluded, apparently meaning “aberration.”

[New Civil Rights Movement]

Media


Trump Advocates for Lifelong Presidency at Taxpayer-Funded Event in North Carolina

Former President Donald Trump delivered a contentious speech at the Opportunity Now Summit in Charlotte, North Carolina, where he boldly floated the idea of extending presidential terms, undermining democratic norms with his flippant remarks about serving beyond the two-term limit. This alarming suggestion, presented in a taxpayer-funded event that resembled more of a political rally than a national address, drew immediate criticism for its blatant disregard of constitutional principles.

During his speech, Trump dismissed legitimate media coverage as “fake news” and attacked Democratic leaders, attempting to distract from the significant issues plaguing the nation. He emphasized his administration’s economic narrative, selectively highlighting statistics while ignoring the broader economic disparities and injustices that persist across communities, particularly affecting marginalized populations.

Trump’s comments about the importance of maintaining his rally-style events—even if he secures reelection—further indicate his intention to blur the lines between official duties and personal political ambitions, raising ethical concerns about the misuse of public resources for private gain. His remarks, framed as humorous, effectively trivialize the critical state of American democracy.

Additionally, his speech included references to “criminal justice reform” and economic initiatives, purportedly geared towards benefiting underserved communities. However, these statements often come under scrutiny as mere rhetorical devices rather than substantive policy changes, leaving many to question the sincerity of such claims.

This event, coupled with Trump’s recent Senate acquittal, highlights a troubling trend in which the former president continuously portrays himself as a victim, blaming external forces for his administration’s challenges. Such tactics not only undermine public trust but also serve to further entrench division within the political landscape, reflecting a broader authoritarian inclination that threatens the foundations of democracy.

(h/t: https://www.cbsnews.com/news/trump-north-carolina-opportunity-now-summit-charlotte-north-carolina-watch-live-stream-today-2020-02-07/)

As others stand at attention for anthem, Trump fidgets, points, pretends to conduct the band

President Donald Trump has repeatedly said all Americans should “stand proudly” during the national anthem, and publicly chastises those who don’t as disrespectful of the troops and the flag.

But during the national anthem at his own Super Bowl watch party Sunday night, a brief video posted to Instagram shows Trump greeting guests, adjusting his chair, and straightening his suit jacket as other attendees — including first lady Melania Trump and their teenage son — stand with their hands over their hearts. As “The Star Spangled Banner” crescendoes, Trump raises both of his hands in the air, and twirls them around as if conducting the music.

The video was included in an Instagram story by a real estate agent for a Russian-American firm who frequents Mar-a-Lago and other Trump properties and events.

Trump entered his party at Trump International Golf Club in West Palm Beach as Demi Lovato was introduced to sing the national anthem at Hard Rock Stadium, videos of the moment show. It’s unclear from the video of Trump “conducting” whether the anthem you hear is Lovato, projected on screens around the room, or if a live performer is singing at the club.

(The video appears flipped, or mirrored, likely because it is an Instagram video recorded with a phone’s selfie camera. That is why Melania Trump appears to have her left hand across her chest and there is a backward numeral 4 in the video. The Herald chose to retain the original orientation as it was posted on the social media site.)

The White House declined to provide an on-the-record response to requests for comment. The Trump Organization did not immediately respond. Copies of the video were sent along with the Herald’s inquiries.

For years, Trump has publicly attacked NFL players who chose to kneel in protest during the anthem.

The protest movement was started by former San Francisco 49ers quarterback Colin Kaepernick in August 2016 when he refused to stand during the pregame ritual. He described his choice as a protest against racism and police brutality. Within months, other players joined Kaepernick, taking a knee and bowing their heads during the anthem.

Kaepernick is no longer in the league and claims he was blackballed for his actions.

Trump and many others called the protests disrespectful to the flag and to the troops. In 2018, the NFL announced it would begin to fine players on the field for not standing during the anthem, but would allow them to stay in the locker room if they preferred.

Megan Rapinoe, co-captain of the U.S. Women’s World Cup team, refused to participate in the anthem during the 2019 World Cup, provoking Trump’s ire. At Sunday’s Super Bowl in Miami Gardens, Beyonce and Jay-Z stayed seated during the anthem, drawing rebukes from many, especially conservative pundits.

“Maybe they should try another country that allows them a little more freedom & success?” Fox Nation host Tomi Lahren wrote on Twitter.

The Super Bowl watch party at Trump International Golf Club in West Palm Beach, just miles from Mar-a-Lago, is a tradition that predates the Trump presidency. It has taken on a new price tag in recent years due to the need for presidential security and travel budgets. Taxpayers will shell out $3.4 million for Trump’s visit to Palm Beach this past weekend, according to an analysis by the HuffPost.

Last year’s party stirred controversy when Trump inadvertently posed for a selfie with a woman who turned out to be Li “Cindy” Yang, founder of the massage parlor where New England Patriots owner Robert Kraft allegedly paid for sex.

[Miami Herald]

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