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’s new Russia deal defense: Just business as usual

President Donald Trump’s story about his business pursuits in Russia has shifted again.

As a candidate and afterward, Trump said repeatedly that he didn’t have any business dealings with Russia.

“I have no dealings with Russia,” he said shortly before his inauguration in 2017. “I have no deals that could happen in Russia, because we’ve stayed away.”

The truth was more complicated than Trump suggested: He had long relied on Russian investors for projects in other parts of the world, and long sought to develop real estate in Russia.

And now, with former Trump fixer Michael Cohen having pleaded guilty to lying to Congress about efforts to develop a Trump Tower project in Moscow, the president has added a new layer to his take, arguing that it would be perfectly fine for him to have pursued the Oval Office and a high-end business opportunity in Russia at the same time.

“We were thinking about building a building,” he told reporters at the White House on Thursday. “I decided ultimately not to do it. There would have been nothing wrong if I did do it.”

Prosecutors say Cohen admitted that he lied to Congress by saying that the Moscow Trump Tower project was nixed in January 2016 — before the Iowa caucuses — even though he continued to pursue it on Trump’s behalf as late as June 2016. That’s the same month that top Trump advisers took a meeting at Trump Tower in Manhattan with Russian emissaries who had promised to provide political dirt on then-presumed Democratic nominee Hillary Clinton.

There’s no law barring a candidate who doesn’t already hold office from continuing to do business during a campaign — and no requirement to disclose such activity — but veteran lawyers say Trump could have a problem if discussions over the Trump Tower project were tied to potential actions once he won the presidency.

“If additional facts show that the negotiations were part of a broader quid pro quo with Russians/oligarchs (Trump gets tower in exchange for some goodies once he is POTUS), then we are potentially into federal criminal conspiracy and campaign-law violations,” said Kim Wehle, a law professor at the University of Baltimore and former member of independent counsel Kenneth Starr’s Whitewater investigation team, in an email to NBC News.

And Trump’s evasiveness on the question of whether he was seeking business in Moscow during the election raises the question of whether he was worried about political or legal exposure, according to Joyce White Vance, a former federal prosecutor and MSNBC contributor.

“Lying about it certainly raises the implication that Trump himself believed that it was somehow untoward for a candidate to have business ventures with Russia,” she said. “And there could be a variety of legal problems here — tax, emoluments, what have you — that could come back to haunt the president.”

[News]

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 blasts Fed chair over stock market slide, GM layoffs

President Trump on Tuesday blamed Federal Reserve Chairman Jerome Powell for a string of negative economic developments, including the stock market’s recent slide and General Motors’s plan to shutter U.S. factories and lay off thousands of workers.
“I’m doing deals and I’m not being accommodated by the Fed,” Trump said in an interview with The Washington Post. “They’re making a mistake because I have a gut, and my gut tells me more sometimes than anybody else’s brain can ever tell me.”
The comments mark an escalation of Trump’s criticism of Powell, whom he nominated last year to lead the central bank, over rising interest rates. They also indicate the president does not believe he bears responsibility for the negative economic news this week.

“So far, I’m not even a little bit happy with my selection of Jay,” Trump told the Post. “Not even a little bit. And I’m not blaming anybody, but I’m just telling you I think that the Fed is way off-base with what they’re doing.”
Trump has blasted Powell frequently since July for continuing a series of Fed interest rate hikes that began in December 2015. The Fed has raised rates eight times since the end of 2015, six times during Trump’s term and three times since Powell took over the central bank in February.
Trump is one of few Republican politicians and right-leaning officials opposed to the Fed’s efforts to bring interest rates back toward historically neutral levels. The president says he believes the Fed should keep interest rates low to stimulate the already-strong economy.
Interest rate hikes also suppress stock market gains — Trump’s preferred economic scorecard — by raising the price of borrowing and narrowing corporate profit margins.
U.S. stocks have erased their 2018 gains amid a Wall Street sell-off triggered in part by rising rates, along with fading economic growth and the mounting costs of Trump’s tariffs.
The president, however, expressed confidence that the U.S. economy would not enter a recession.
The president has repeatedly pointed to strong economic growth as evidence his policies, such as tax cuts and deregulation, are working.
GM’s announcement this week that it plans to cut 15 percent of its North American workforce could pose a political threat to Trump heading into the 2020 elections. Two plants it plans to shutter are located in Ohio and Michigan, two states Trump won in 2016.

Trump threatens to cut federal incentives for GM’s electric car

President Trump on Tuesday threatened to end General Motors’s federal tax credit for electric vehicles in retaliation for the company’s planned layoffs.

Trump tweeted that he is “very disappointed” with the company’s plans to close up to five manufacturing plants — four of them in the United States, one in Canada — and lay off about 15 percent of its workforce.

“We are now looking at cutting all @GM subsidies, including … for electric cars,” he wrote.

GM’s share price fell on the New York Stock Exchange in the minutes after Trump’s tweet, reaching as low as 3.8 percent below Monday’s closing price.

In a statement on Tuesday afternoon, the automaker said it appreciates “the actions this administration has taken on behalf of industry to improve the overall competitiveness of U.S. manufacturing” and that “many of the U.S. workers impacted” by Monday’s layoff announcement “will have the opportunity to shift to other GM plants.”

“GM is committed to maintaining a strong manufacturing presence in the U.S., as evidenced by our more than $22 billion investments in U.S. operations since 2009. Yesterday’s announcements support our ability to invest for future growth and position the company for long-term success and maintain and grow American jobs,” the company said.

Trump has blasted GM and its CEO, Mary Barra, since the Monday morning layoff announcements and has pledged to take action to prevent the job losses.

It’s unclear what other subsidies might be targeted by Trump, whether he would focus only on GM or end the tax credit altogether. Ending the subsidy would require Congress to pass a new law.

The federal government provides a $7,500 tax break to U.S. consumers who buy electric vehicles. Two GM vehicles qualify for the incentive: the all-electric Chevrolet Bolt and the plug-in hybrid Chevrolet Volt.

Larry Kudlow, Trump’s top economic adviser, on Tuesday also mentioned potentially targeting the electric vehicle credit.

“We are going to be looking at certain subsidies regarding electric cars and others, whether they should apply or not. I can’t say anything final about that, but we’re looking into it,” Kudlow told reporters in a White House briefing before Trump’s tweet.

“Again, that reflects the president’s own disappointment regarding these actions,” he said of the plant closings.

At the same briefing, White House press secretary Sarah Huckabee Sanders was noncommittal on when Trump might make good on his threat.
“I don’t know that there’s a specific timeline,” she said.
“As he said, he’s looking into what those options might look like,” she added. “The president wants to see American companies build cars here in America, not build them overseas, and he is hopeful that GM will continue to do that here.”

As of the third quarter of 2018, GM was less than 4,000 vehicles away from hitting the point at which federal tax credits start to phase out. The phase-out starts when a manufacturer sells 200,000 electric cars.

GM and other automakers are lobbying Congress to lift the 200,000-vehicle limit. Bills in both the House and Senate have been introduced but neither chamber has passed one of the measures.

Support for the tax credit generally falls along party lines, with Democrats in strong support and Republicans opposed. Nonetheless, Sen. Dean Heller (R-Nev.), who lost his reelection fight earlier this month, is the lead sponsor on one bill to lift the cap on the credit.

[The Hill]

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 on dire warnings in climate report: ‘I don’t believe it’

President Trump said Monday that he doesn’t “believe” the findings of a major report his administration released forecasting dire consequences to the United States from climate change.

“Yeah, I don’t believe it,” Trump told reporters as he left the White House for a campaign rally for Sen. Cindy Hyde Smith (R) in Mississippi, when asked about the predictions of economic devastation.

“I’ve seen it, I’ve read some of it, and it’s fine,” Trump said of the report.

The report, part of the fourth congressionally-mandated National Climate Assessment from the multi-agency Global Change Research Program, came out Friday, the day after Thanksgiving and a major shopping day for the United States. That led critics to charge that Trump was trying to bury the findings.

The hundreds of government and external scientists involved in the research concluded that climate change could cost the United States billions of dollars annually within decades if greenhouse gases aren’t dramatically reduced.

“Without substantial and sustained global mitigation and regional adaptation efforts, climate change is expected to cause growing losses to American infrastructure and property and impede the rate of economic growth over this century,” it found.

The conclusions generally align with the scientific consensus on climate change, including that human activity, via greenhouse gases, is the chief cause of global warming and its impacts.

Trump has been outspoken in doubting the scientific consensus on climate. He tweeted in 2012 that “The concept of global warming was created by and for the Chinese in order to make U.S. manufacturing non-competitive.”

His environmental policy since taking office last year has followed that skepticism. Through the Environmental Protection Agency and other agencies, he has sought to significantly roll back or repeal nearly every climate policy former President Obama put into place, including greenhouse gas rules for power plants, cars and oil and natural gas drillers.

Trump’s position that he doesn’t “believe” the report aligns with some other Republicans who sought to discredit its findings.

Former Sen. Rick Santorum (R-Pa.) said on CNN’s “State of the Union” that scientists involved in the research were motivated to get to their conclusions by money. He did not provide any evidence to back the claim.

“If there was no climate change, we’d have a lot of scientists looking for work. The reality is that a lot of these scientists are driven by the money that they receive,” he said.

Former House Majority Leader Tom DeLay (R-Texas) also charged that scientists were motivated by money.

“Through the entire report, there’s no dissenting opinion. They went out and picked out people that would say what their conclusions they already wrote before they did the report,” he said Monday on CNN. “It’s flawed, it’s ridiculous, and frankly, embarrassing.”

[The Hill]

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