Appeals court allows Trump administration to send back asylum seekers to Mexico to wait out court process

The Ninth Circuit Court of Appeals late Tuesday granted the Trump administration's request to send asylum seekers back to Mexico to wait out court proceedings temporarily.
The court order reversed a decision by a San Francisco judge that would have blocked the policy — giving President Trump a temporary victory on immigration.
The case must still be considered on its merits at a lower court in San Francisco and could end up at the Supreme Court.
U.S. District Judge Richard Seeborg ruled April 8 that the policy should be halted while a lawsuit, filed on behalf of 11 asylum applicants and several other organizations, proceeds.
The American Civil Liberties Union, which brought the suit along with the Southern Poverty Law Center, and Center for Gender & Refugee Studies, said that despite the ruling, "there is good reason to believe that ultimately this policy will be put to a halt."
“Asylum seekers are being put at serious risk of harm every day that the forced return policy continues," Omar Jadwat, director of the ACLU’s Immigrants’ Rights Project, said in a statement. "Notably, two of the three judges that heard this request found that there are serious legal problems with what the government is doing."
The lawsuit on behalf of 11 asylum seekers from Central America and legal advocacy groups says the Trump administration is violating U.S. law by failing to adequately evaluate the dangers that migrants face in Mexico.
It also accuses Homeland Security and immigration officials of depriving migrants of their right to apply for asylum by making it difficult or impossible for them to do so.
The Trump administration says the policy responds to a crisis at the southern border that has overwhelmed the ability of immigration officials to detain migrants. Growing numbers of families are fleeing poverty and gang violence in Guatemala, Honduras and El Salvador.
Last year, the Justice Department eliminated gang violence and domestic abuse as a possible justification for seeking asylum.
The so-called "Remain in Mexico" policy was one of the primary innovations of former Homeland Security Secretary Kirstjen Nielsen, who left her role with the Trump administration last month.
Asylum law, conservatives point out, is intended to shield individuals from near-certain death or persecution on account of limited factors like religious or political affiliation — not poor living conditions and economic despair.
Most asylum applicants are ultimately rejected for having an insufficient or unfounded personalized fear of persecution, following a full hearing of their case before an asylum officer or an immigration judge.
Fox News' Raymond Bogan, Gregg Re and The Associated Press contributed to this report.

Meghan McCain, Seth Meyers have testy exchange over Ilhan Omar: 'Are you her publicist?'

"The View" co-host Meghan McCain and "Late Night" host Seth Meyers butted heads on Wednesday morning's show over McCain's criticisms of Rep. Ilhan Omar, D-Minn, who has repeatedly been accused of anti-Semitism.
It escalated to the point where McCain asked the NBC host if he was Omar's "publicist."
Meyers brought up McCain's commentary on ABC's "This Week" following the deadly synagogue shooting at the Poway, Calif., last month where she invoked the Omar's tweets, and asserted that both Democrats and Republicans have to tackle anti-Semitism within their own parties.
"I do think it's fairly dangerous and you brought it up after Congresswoman Omar had some death threats against her," Meyers said. "Do you think, you know, she has obviously now stated that she needs to be more careful with her language, don't you think other people who talk about her need to be more thoughtful as well? Or do you stand by those comments of tying her to this, her rhetoric to this synagogue shooting?"
"I don't think I tied her to it in particular," McCain responded. "I'm calling out what I see as anti-Semitic language and when you're talking about -- "
"But even after, you called her out even after she apologized for it," Meyers interrupted. "I do want to establish the timeline."
"I think that Democrats are hedging on this and I think it's very dangerous," McCain continued. "And I think [Senate Minority Leader] Chuck Schumer and I are in alignment about Israel's stance in geopolitical politics. I think it is of the utmost importance and I think she is bringing her party to extremism on this. And I think we have to look to Europe and what's happening over there and in British politics. Anti-Semitism is very common and I see it happening over there and I worry about it happening over here. I stand by everything that I've said and if that makes me unpopular in this room or in front of you, so be it."

"Anti-Semitism is very common and I see it happening over there and I worry about it happening over here. I stand by everything that I've said and if that makes me unpopular in this room or in front of you, so be it."
— Meghan McCain

Meyers said he found McCain's argument "weird" about whether she was being "popular" in the room since he was trying to "find common ground."
"Were you bothered by her language on 9/11?" McCain asked.
"I thought it was taken out of context," Meyers answered, "and I think if you watched that whole speech -- "
"Would you give President Trump the same leverage if he had said the same thing?" McCain challenged the NBC host. "I just think you have to give people the same credence."
Meyers responded by saying President Trump was "in no position" to criticize Omar's language on 9/11 based on his own language about 9/11. He also argued that Omar has apologized and promised to be more educated "by people who know about this" while the president hasn't.
"It's an interesting thing when we have two Muslim women for the first time, they do have a different perspective on things," Meyers continued. "And I think when we talk about the idea of 'Let's all try to meet in the middle on things,' we have to listen to other people's perspective."
"I agree, I work on 'The View' with Joy Behar every day," McCain shot back. "I listen to other people's perspectives all the time."
When asked if there's a way to talk about Israel without being considered anti-Semitic, McCain responded by saying don't talk about "Jews hypnotizing the world" and "all about the Benjamins."
"You do keep bringing up the two tweets she apologized for," Meyers told McCain, "and I think it's a little unfair to her, especially because -- "
"Are you her publicist?" McCain reacted. "Are you her press person?"
"No," Meyers answered.

Attempt to hack email server stunned Clinton aide, FBI files show

"omg."
That was the three-letter response from top Hillary Clinton aide Huma Abedin -- familiar Internet shorthand for "Oh my God!" -- when Justin Cooper, the technology pro overseeing Clinton's private home-based email servers, told her shortly after midnight on Jan. 9, 2011, that "someone was trying to hack us."
The revelation was contained in a trove of newly released, partially redacted FBI documents from the agency's investigation into whether Clinton mishandled classified information -- a probe known as the "Midyear Exam." The document release reveals numerous episodes in which the Clinton team either suspected it had been hacked or seemingly acknowledged that security measures had come up short.
In a tense email exchange, Cooper wrote to Abedin at 2:57 a.m. Sunday: "I had to shut down the server. Someone was trying to hack us and while they did not get in i didnt want to let them have the chance to. I will restart in the morning."
At 6:30 the next morning, Abedin wrote to State Department officials -- including Clinton's chief of staff at the time, Cheryl Mills -- "Don't email hrc [Hillary Rodham Clinton] anything sensitive. I can explain more in person."

"omg."
— Clinton aide Huma Abedin, when told of hacking attempt

Later that year, Cooper wrote to Clinton, "It is a constant fight to keep up with the security measures and unfortunately we keep seeing reminders of why we need to."
And in August 2010, according to the documents, Clinton aide Monica Hanley wrote to Abedin after receiving a suspect spam email: "Yeah I wonder if someone hacked in. that stinks."
The files also included the handwritten notes of agents' March 2016 interview with Cooper, who described the presence of a “SCIF” — an acronym "sensitive compartmented information facility" -- in Clinton's Chappaqua, N.Y., and Washington, D.C., homes.

Sept. 20, 2011: Secretary of State Hillary Clinton talks with her deputy chief of staff, Huma Abedin, during the Open Government Partnership event in New York. (Reuters)

According to Cooper's comments as described in the notes, the server rooms in both locations were often left exposed.
“Open door — not always secured, sometimes when HRC not @ residence was not closed. (both resid)," the notes said.
The interview document also said Cooper described "safes" in at least one of the SCIFs, followed by a note from the agent, "No understanding of when open/closed" -- although it was unclear whether that comment referred to the safes or the doors leading to the server room.
There were "home computers" but "no secure computers" in the SCIFs, according to the notes. However, "phone/fax/video" were "secure" in the residences.
Cooper, a previous FBI report said, acknowledged at least "two instances where he destroyed Clinton's old mobile phones by breaking them in half or hitting them with a hammer."
In August, it was reported that a Chinese state-owned company hacked Clinton’s email server, then inserted code that forwarded a copy of virtually every email she sent or received after that -- a revelation President Trump demanded be investigated.
The Daily Caller reported that the firm operating in the D.C. area wrote code that was then embedded in the server and generated a “courtesy copy” for almost all her emails -- which were then forwarded to the Chinese company.
The code reportedly was discovered in 2015 by the Intelligence Community Inspector General (ICIG), which then warned FBI officials of the intrusion. A source briefed on the matter confirmed to Fox News the details of The Caller’s reporting, and said that the ICIG was so concerned by the revelation that officials drove over to the FBI to inform agents -- including agent Peter Strzok, seen as a strong Trump critic -- of the development after it was discovered via the emails' metadata.
The source told Fox News the hack was from a Chinese company, describing it as a front for Chinese intelligence.
A second source briefed on the matter told Fox News that officials outside the FBI indicated code on the Clinton server suggested a foreign source was receiving copies of emails in real time.
The FBI disputed the claims: “The FBI has not found any evidence the servers were compromised,” an FBI official told Fox News at the time.
However, a May 2016 email from Strzok, obtained by Fox News last year, said “we know foreign actors obtained access” to some Clinton emails, including at least one “secret” message “via compromises of the private email accounts” of Clinton staffers.
Fox News' Adam Shaw contributed to this report.

Robert Mueller Cartoons

Ocasio-Cortez posts about garbage disposal in posh new apartment

New York Rep. Rep. Alexandria Ocasio-Cortez is learning a lot of new things in Washington — including about what a garbage disposal is.
The 29-year-old freshman congresswoman posted photos and videos on Instagram showing the apparently “terrifying” contraption at work in her swanky DC apartment and saying she’d never seen one before.
“OK everyone I need your help because I just moved into this apartment a few months ago and I just flipped a switch and it made that noise and it scared the daylights out of me,” Ocasio-Cortez can be heard saying in footage.
“I am told this is a garbage disposal. I’ve never seen a garbage disposal. I never had one in any place I’ve ever lived,” she later said.
The “Green New Deal”-touting Bronx Democrat wondered whether the device was “environmentally sound.”
“This DC apartment is bougie and has things I’ve never seen before…” Ocasio-Cortez captioned the video, later noting: “Is this what social mobility is? Using kitchen appliances you never saw growing up?”
The Bronx-born representative ended her Instagram story by quipping, “All you people telling me to reach in and grab whatever’s there are just Republicans trying to test my health insurance.”
“I’m onto you.”

Trump pardons ex-Army lieutenant convicted of killing suspected Al Qaeda terrorist in 2009

President Trump has pardoned a former Army lieutenant who was convicted in 2009 of killing an Iraqi prisoner suspected of being an Al Qaeda terrorist, the White House announced Monday evening.
White House Press Secretary Sarah Sanders cited "broad support" for Michael Behenna, of Edmond, Okla., "from the military, Oklahoma elected officials, and the public" -- including 37 generals and admirals, along with a former Pentagon inspector general -- as the reason for Trump's clemency grant. Sanders also said Behenna had been a "model prisoner" while serving his sentence.
"In light of these facts, Mr. Behenna is entirely deserving of this Grant of Executive Clemency," Sanders concluded.

Michael Behenna, pictured in 2018, now runs his own cattle ranch in his native Oklahoma. (Courtesy of Behenna family)

A military court originally sentenced Behenna to 25 years for unpremeditated murder in a combat zone. However, the Army's highest appellate court noted concern about how the trial court had handled Behenna's claim of self-defense, Sanders said. The Army Clemency and Parole Board reduced his sentence to 15 years and paroled him in 2014, as soon as he was eligible.
Behenna acknowledged during his 2008 trial that instead of taking prisoner Ali Mansur home as he was ordered, he took the man to a railroad culvert, stripped him, and then questioned him at gunpoint about a roadside bombing that had killed two members of Behenna's platoon.

Army 1st Lt. Michael Behenna, at left in front of the American flag, pictured in Iraq with some members of his platoon. In the back right holding the flag is Adam Kohlhaas, who was killed in a roadside bombing tied to an Al Qaeda cell. (File image from Behenna family)

Behenna, who was 24 at the time, said he acted in self-defense when Mansur threw a chunk of concrete at him and reached for the lieutenant’s handgun. Army prosecutors said the argument didn’t stand up because Behenna was already pointing his weapon at the prisoner.
In 2018, Behenna's parents told Fox News the prosecution failed to disclose that their own expert's analysis supported their son’s version of events. The expert felt so strongly that he reached out to the Behennas about his findings.
Oklahoma Attorney General Mike Hunter initially requested a pardon for Behenna in February 2018 and renewed his request last month. Hunter said he believed Behenna's conviction was unjustified because of erroneous jury instructions and the failure of prosecutors to turn over evidence supporting a self-defense claim. The White House statement said that former Oklahoma Gov. Mary Fallin and "numerous members" of Oklahoma's congressional delegation had also expressed support for Behenna.
Fox News' Elizabeth Llorente and The Associated Press contributed to this report.

Treasury Secretary Mnuchin denies House Dem's request for Trump's tax returns

Treasury Secretary Steven Mnuchin, in a letter Monday, denied House Ways and Means Committee Chairman Richard Neal's request for President Trump's tax returns, saying the request lacked a “legitimate legislative purpose.”
“As you have recognized, the Committee’s request is unprecedented, and it presents serious constitutional questions, the resolution of which may have lasting consequences for all taxpayers,” the letter read.
Mnuchin told the Massachusetts Democrat he'd relied on the advice of the Justice Department. He concluded that the department was “not authorized to disclose the requested returns and return information.”
“The Department of Justice has informed us that it intends to memorialize its advice in a published legal opinion as soon as practicable. Out of respect for the deadlines previously set by the Committee, and consistent with our commitment to a prompt response, I am informing you now that the Department may not lawfully fulfill the Committee’s request,” the letter read.
The move, which was expected, is sure to set in motion a legal battle over Trump’s tax returns. The likely options available to Democrats would be to subpoena the Internal Revenue Service for the returns or to file a lawsuit.
Neal originally demanded access to Trump’s tax returns in early April under a law that said the IRS “shall furnish” the returns of any taxpayer to a handful of top lawmakers, including the chair of the tax-writing Ways and Means Committee.
The White House and the president’s attorneys declined to comment on the deadline to turn over Trump’s returns. Trump already has signaled he has no intention of turning over the much-coveted records.
The president has long told confidants that he was under audit and therefore could not release his taxes. But in recent weeks, he has added to the argument, telling advisers that the American people elected him once without seeing his taxes and would do so again, three White House officials and Republicans told The Associated Press anonymously.
Fox News’ Mike Emanuel, Kelly Phares and The Associated Press contributed to this report.

Ken Starr: Leak of Mueller's 'whiny' letter to Barr was an 'unforgivable sin'

Former independent counsel Ken Starr on Monday sharply criticized the leak of Special Counsel Robert Mueller's letter to Attorney General William Barr following Barr's summary of the Russia report, calling the release of the letter an "unforgivable sin."
"His letter, that was then leaked on the very eve of Bill Barr's testimony, was essentially, I believe, an unfair, whiny complaint," Starr argued on "The Story with Martha MacCallum."
Details of the March 24 letter went public shortly before Barr testified before the Senate Judiciary Committee in a tense hearing last week. Multiple news outlets reported that Mueller raised concerns about how Barr's conclusions from the investigation were being portrayed, before the Justice Department had released a redacted version of Mueller's report.
Starr also said Barr had been "obliged" to summarize Mueller's findings.
Democrats have urged Mueller to testify after his March letter leaked.
Barr skipped a House Judiciary Committee hearing last Thursday over the terms of the session, though he testified for hours a day earlier on the Senate side. He also has refused requests for the unredacted Mueller report, though he has offered access to a less-redacted version to certain lawmakers.
House Judiciary Committee Chairman Jerrold Nadler, D-N.Y., in a letter to Barr last Friday, threatened to launch contempt proceedings and "seek further legal recourse" should the attorney general and Justice Department continue what he called a "baseless refusal to comply with a validly issued subpoena" for the full Mueller report.
Starr said Barr was trying to do the right thing, only for Mueller to set him up for criticism.
"Here comes Bob Mueller with this letter which is then leaked. That is, to me, the unforgivable sin. He, Bob Mueller, badly injured this attorney general and the attorney general didn't deserve that but, of course, that created its own huge firestorm including suggestions that the attorney general was totally mischaracterizing the report and so forth," Starr said.
Fox News' Brooke Singman contributed to this report.
Fox News' Martha MacCallum contributed to this report.