Category: Ignorance of Law

Trump Twitter rages at ‘BAD DEMOCRAT Disaster Bill” that he claims will hurt farmers

President Donald Trump on Thursday urged Capitol Hill Republicans to vote against a bill proving disaster assistance.

The commander-in-chief referred to the legislation as a “BAD DEMOCRAT” bill, writing in all capital letters.

Trump claimed the bill would harm states, farmers, and border security.

“We want to do much better than this. All sides keep working and send a good bill for immediate signing,” Trump demanded.

[Raw Story]

Reality

The major sticking point for Trump is the additional funding Democrats included to help Puerto Rico rebuild after Hurricane Maria severely damaged the island and killed 3,000 people. It amounts to more than $3 billion, including $600 million for nutrition assistance.

Trump has pushed back against giving more money to Puerto Rico, incorrectly stating that the federal government has already allocated $91 billion to help Puerto Rico. It’s actually promised about half of that amount and spent only $11 billion.

Trump Calls for the Prosecution of John Kerry Under the Logan Act

President Donald Trump called for the prosecution of former Secretary of StateJohn Kerry for his negotiations with a foreign government, namely Iran. In particular, Trump said Kerry violated the Logan Act.

“What I would like to see with Iran, I would like to see them call me. John Kerry, he speaks to them a lot. John Kerry tells them not to call. That is a violation of the Logan Act. And frankly, he should be prosecuted on that,” he said. “But my people don’t want to do anything — only the Democrats do that kind of stuff. You know? If it were the opposite way, they would prosecute him under the Logan Act. But John Kerry violated the Logan Act.”

“He’s talking to Iran and has been, has many meetings and tells them what to do,” Trump added. “That is a total violation of the Logan act.”

The Logan Act came up before in the context of fired National Security Adviser Michael Flynn. At the time, it was noted that the Logan Act is a 1799 law that is “rarely enforced” and has “never been used to successfully prosecute any American citizen.”

Here’s what 18 U.S.C. §953, the Logan Act, says:

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

Only two people have ever been indicted for a Logan Act violation, and neither of them were convicted.

[Law and Crime]

Reality

In September Marco Rubio sent a letter to the DOJ urging an investigation of the matter.

https://www.rubio.senate.gov/public/index.cfm?p=Press-Releases&id=2D9F248A-E57B-468D-8B76-99D0290EE080

Media

Trump Rage-Tweets Fox & Friends Segment About ‘Russian Involvement’: ‘TREASONOUS HOAX!’

A Fox & Friends segment in the 7 a.m. ET hour drew President Donald Trump‘s ire on Tuesday — one focused in on what Fox’s Ainsley Earhardt termed “this Russia involvement” in the 2016 election.

In a pair of tweets, the President — chiming in three-and-a-half hours after the original segment aired — quoted Earhardt and Brian Kilmeade…and then added his own editorial commentary.

“Everyone wants to know who needs to be held accountable for this,’ Earhardt said. “Because it took up two years of our lives, basically, talking about Russia involvement. It proved no collusion. And people want to trace it back to find out how this all happened — how the investigation happened — and how Carter Pageended up being surveilled.”

After the quote, Trump weighed in by writing, “TREASONOUS HOAX!”

The President took some liberties and paraphrased the subsequent comment from Brian Kilmeade.

“And why Christopher Steele was so determined to get this information out before the election,” Kilmeade said. “This British spy!”

Notably, Trump added: “(this fake dossier.”

[Mediaite]

Donald Trump: Investigations Against Me Were a ‘Coup’ to ‘Overthrow the United States Government’

Throughout his interview with Sean Hannity on Thursday night, President Donald Trump raved that Robert Mueller‘s probe and the investigations into him were nothing less than an attempted “coup” to depose his administration.

As Trump lashed out at his various political foes and spoke to Hannity about his 2016 opponent who has been vanquished for about 2.5 years now, he said the counterintelligence investigations into his campaign’s possible Russian collusion was a scandal “far bigger than Watergate.”

T”his was a coup. This was an attempted overthrow of the United States government,” Trump said. “This was an overthrow and it’s a disgraceful thing…I think it’s possibly the biggest scandal in political history in this country.”

Trump continued by referring to the FBI and intelligence figures who’ve spoken against him as “sick people.”

[Mediaite]

Donald Trump denies he tried to fire Mueller, disputing account from a former senior White House aide

President Donald Trump insisted Thursday that he did not try to fire Robert Mueller, disputing a central finding in the special counsel’s report that was based on extensive interviews with Trump’s former White House counsel, Don McGahn.

“As has been incorrectly reported by the Fake News Media, I never told then White House Counsel Don McGahn to fire Robert Mueller, even though I had the legal right to do so,” Trump tweeted. “If I wanted to fire Mueller, I didn’t need McGahn to do it, I could have done it myself.”

The special counsel spent nearly two years investigating whether anyone from Trump’s presidential campaign conspired with Russia to sway the 2016 election and whether the president sought to illegally obstruct justice.

Mueller’s 448-page report detailed multiple contacts between Russian operatives and Trump associates during the campaign but said investigators didn’t find evidence of a criminal conspiracy. The report documented actions by Trump to derail Mueller’s investigation. The special counsel did not conclude Trump obstructed justice, but it refused to clear him of wrongdoing.

McGahn told Mueller’s team that Trump ordered him to have the special counsel fired and later asked him to lie about the incident. McGahn spent hours speaking to investigators and supplied written notes.

Trump has repeatedly called the Mueller investigation a “witch hunt” and a “hoax.” He also claimed the report vindicated him.

In recent days, he has lashed out at House Democrats, who vowed to conduct their own fact finding and seek to have McGahn and other figures in the inquiry testify on Capitol Hill. Trump indicated he will try to block testimony by McGahn.

The Mueller report’s findings spurred calls by some House Democrats to move toward impeachment proceedings, though House Speaker Nancy Pelosi, D-Calif., urged her colleagues to focus first on carrying out an investigation.

The Mueller report details an incident June 17, 2017, that McGahn described to investigators.

Trump “called McGahn at home and directed him to call the Acting Attorney General and say that the Special Counsel had conflicts of interest and must be removed,” the report says. “McGahn did not carry out the direction, however, deciding that he would resign rather than trigger what he regarded as a potential Saturday Night Massacre.”

[USA Today]

Trump says he would challenge impeachment in Supreme Court

President Trump on Wednesday said that he would attempt to challenge impeachment in the Supreme Court if Democrats carried out such proceedings, though it’s unclear the high court would hear such a case.

“The Mueller Report, despite being written by Angry Democrats and Trump Haters, and with unlimited money behind it ($35,000,000), didn’t lay a glove on me. I DID NOTHING WRONG,” Trump tweeted.

“If the partisan Dems ever tried to Impeach, I would first head to the U.S. Supreme Court. Not only are there no ‘High Crimes and Misdemeanors,’ there are no Crimes by me at all,” he continued.

The president accused Democrats, Hillary Clinton and “dirty cops” of being guilty of criminal activity.

“We waited for Mueller and WON, so now the Dems look to Congress as last hope!” Trump concluded.

The House holds the power to carry out impeachment proceedings, while the Senate is responsible for whether to convict the individual in question. The chief justice of the Supreme Court, currently John Roberts, would preside over the Senate trial.

There is little precedent to support the idea of the Supreme Court weighing in on the merits of impeachment, as a sitting president has not previously challenged impeachment proceedings in the high court.

The Supreme Court ruled in the 1993 case of federal Judge Walter Nixon that whether the Senate properly conducted an impeachment trial was a political question, and therefore nonjusticiable.

Laurence Tribe, a constitutional law professor at Harvard University, rejected the possibility of Trump taking an impeachment to the Supreme Court.

“Not even a SCOTUS filled with Trump appointees would get in the way of the House or Senate, where [Chief Justice] Roberts would preside over Trump’s Impeachment Trial,” tweeted Tribe, an outspoken critic of the president.

The president has been fixated in recent days on pushing back against the specter of impeachment proceedings, while maintaining that he is “not even a little bit” concerned about the possibility of removal from office.

Democratic leaders have largely said they don’t yet support starting the impeachment process, but remained open to the possibility in the wake of special counsel Robert Mueller‘s full report.

In the partly redacted document, investigators did not establish that the Trump campaign colluded with the Russian government during the 2016 election, but did not exonerate Trump on the question of obstruction of justice. 

Investigators instead detailed 10 episodes they reviewed for potential obstruction by the president, with Mueller saying that Congress has the authority to conduct potential obstruction probes.

Talk of whether to carry out impeachment hearings has split Democrats, and discussions have intensified in the aftermath of Mueller’s report.

“I do believe that impeachment is one of the most divisive forces, paths that we could go down to in our country,” Speaker Nancy Pelosi (D-Calif.) said Tuesday. “But if the facts, the path of fact-finding takes us there, we have no choice. But we’re not there yet.”

House Democrats have launched a flurry of investigations into the president, seeking to review his finances, potential abuse of power and corruption within the administration.Trump later asserted in a pair of tweets that he had been cooperative with the Mueller investigation, and suggested Congress should focus on legislation instead of seeking additional information from the White House as part of its own probes. “Millions of pages of documents were given to the Mueller Angry Dems, plus I allowed everyone to testify, including W.H. counsel. I didn’t have to do this, but now they want more,” Trump tweeted. “Congress has no time to legislate, they only want to continue the Witch Hunt, which I have already won. They should start looking at The Criminals who are already very well known to all. This was a Rigged System – WE WILL DRAIN THE SWAMP!”

[The Hill]

Trump: ‘Unfair’ coverage should be tested in courts

President Trump early Sunday ripped “one sided” and “unfair” media coverage, saying it should be tested in courts.

“A REAL scandal is the one sided coverage, hour by hour, of networks like NBC & Democrat spin machines like Saturday Night Live,” he tweeted.

“It is all nothing less than unfair news coverage and Dem commercials. Should be tested in courts, can’t be legal? Only defame & belittle! Collusion?”

Trump posted the tweet after NBC’s “Saturday Night Live” pondered a world in which the president was not elected in its latest cold open.

The president also knocked the sketch comedy show after its season premiere earlier this year, saying it was “just a political ad for the Dems.”

Trump often labels negative coverage “fake news” and calls the media the “enemy of the people.”

In October, he blamed what he deemed unfair media coverage for causing “great anger” in the country.

The president said in a pair of tweets following a violent week of mail bombs and a shooting that killed 11 people at a Pittsburgh synagogue that the “Fake News Media” is “the true Enemy of the People.”

“There is great anger in our Country caused in part by inaccurate, and even fraudulent, reporting of the news. The Fake News Media, the true Enemy of the People, must stop the open & obvious hostility & report the news accurately & fairly,” Trump wrote.

“That will do much to put out the flame of Anger and Outrage and we will then be able to bring all sides together in Peace and Harmony,” he added.

Trump in September repeated his suggestion that NBC’s “license” should be challenged. In a tweet, he attacked the network’s “journalistic standards” following reports that it had passed on a damning exposé about Harvey Weinstein.

“NBC FAKE NEWS, which is under intense scrutiny over their killing the Harvey Weinstein story, is now fumbling around making excuses for their probably highly unethical conduct,” the president wrote.

“I have long criticized NBC and their journalistic standards-worse than even CNN. Look at their license?” he added.

Broadcasting licenses are granted to individual stations instead of networks like NBC,  however.

Federal Communications Commission Chairman Ajit Pai repeatedly said last year that the FCC would not revoke those licenses on the basis of a station’s content.

Satire is also protected by the First Amendment.

[The Hill]

Trump tweets to declare he was cleared by filings that named him as unindicted co-conspirator

After being named as an unindicted co-conspirator in legal filings by federal prosecutors, President Donald Trump claimed total vindication.

“Totally clears the President,” Trump tweeted Friday.

[Raw Story]

White House seeks to end subsidies for electric cars and renewable energy

White House economic adviser Larry Kudlow said on Monday the Trump administration wants to end subsidies for electric cars and other items, including renewable energy sources.

Asked about plans after General Motors Co (GM.N) announced U.S. plant closings and layoffs last week, Kudlow pointed to the $2,500-to-$7,500 tax credit for consumers who buy plug-in electric vehicles, including those made by GM, under federal law.

“As a matter of our policy, we want to end all of those subsidies,” Kudlow said. “And by the way, other subsidies that were imposed during the Obama administration, we are ending, whether it’s for renewables and so forth.”

Asked about a timeline, he said: “It’s just all going to end in the near future. I don’t know whether it will end in 2020 or 2021.”

The tax credits are capped by Congress at 200,000 vehicles per manufacturer, after which the subsidy phases out. GM has said it expects to hit the threshold by the end of 2018, which means under the current law, its tax credit scheme would end in 2020. Tesla Inc (TSLA.O) said in July it had hit the threshold. Other automakers may not hit the cap for several years.

Experts say the White House cannot change the cap unilaterally. U.S. President Donald Trump last week threatened to eliminate subsidies for GM in retaliation for the company’s decision.

Kudlow made clear any changes in subsidies would not just affect GM. “I think legally you just can’t,” he said.

Democrats will take control of the U.S. House in January and are unlikely to agree to end subsidies for electric cars and many have been pushing for additional incentives.

Tesla and GM have lobbied Congress for months to lift the cap on electric vehicles or make other changes, but face an uphill battle make changes before the current Congress expires.

In October, Senator Dean Heller proposed lifting the current cap on electric vehicles eligible for tax credits but phase out the credit for the entire industry in 2022. Two other senators in September proposed lifting the per manufacturer credit and extending the benefit for 10 years.

Also in October, Senator John Barrasso a Republican who chairs the Senate Environment and Public Works Committee, proposed legislation to end the EV tax credit entirely.

[Raw Story]

Trump says country ‘would save billions’ if Democrats agreed to fund border wall

President Trump on Monday claimed that the country would “save billions of dollars” if Democrats voted to provide billions of dollars in funding to build a wall along the U.S.-Mexico border.

The president went on to repeat a threat to close the southern border and said that immigrants will not be allowed in the “country illegally.”

“Either way, people will NOT be allowed into our Country illegally! We will close the entire Southern Border if necessary. Also, STOP THE DRUGS!” Trump wrote on Twitter.

Trump has previously threatened to shut down the southern border in response to an approaching caravan of Central American migrants.

He has additionally directed thousands of troops deployed to the border, and attempted to curb certain immigrants from being able to claim asylum as the group of migrants trekked toward the U.S. border.

The president revived his calls for a border wall on Monday as Congress grapples over wall funding while trying to pass spending bills and avert a partial government shutdown.

The Senate passed its version of the Department of Homeland Security (DHS) spending bill with bipartisan support over the summer. The measure would allocate $1.6 billion for border security, including fencing.

The White House has since demanded $5 billion for border security, including wall funding, putting Democrats and the president at an impasse.

Trump has threatened to veto a bill that does not include adequate funding, while Senate Minority Leader Charles Schumer (D-N.Y.) has said Democrats oppose spending more than $1.6 billion.

Cracking down on illegal immigration and building a wall along the U.S.-Mexico border has been a hallmark of the Trump administration after focusing heavily on the issue in the 2016 presidential campaign.

Congress has until Dec. 7 to pass seven appropriations bills to keep the entire government funded. The president previously signed five funding bills in September, and agencies covered by those bills would not be affected by a shutdown this month.

Trump told reporters aboard Air Force One en route back from the Group of 20 Summit on Saturday that he would consider approving a two-week extension of government funding to provide more time in the wake of the death of former President George H.W. Bush.

[The Hill]

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