Thursday, March 8, 2018
Judge Andrew Napolitano: Why Trump remains smack in the middle of Mueller's legal crosshairs
Late Monday afternoon, we were
treated to a series of bizarre interviews on nearly every major cable
television channel except Fox when a colorful character named Sam
Nunberg, a former personal and political aide to Donald Trump, took to
the airwaves to denounce a grand jury subpoena he received compelling
the production of documents and live testimony.
The grand jury is one of two summoned
by special counsel Robert Mueller in his investigation of whether
President Trump or his colleagues engaged in any criminal activity prior
to or during the presidential campaign, or during his presidency.
At several points in the rambling and seemingly
alcohol-infused rant, Nunberg insisted he would not comply with the
subpoena, and he challenged Mueller to force him to do so, proclaiming
at least three times, “Let him arrest me!” I can tell you from my years
on the bench in New Jersey, this is not a good gauntlet to lay down; and
it is one often addressed swiftly. Be careful what you ask for.Here is the backstory:
Nunberg is a 36-year-old New York lawyer who has been involved in conservative politics since his teenage years. He was hired by Trump in 2011 for the purpose of burnishing Trump’s image as a political conservative. Like most people hired by Trump before his presidential candidacy, Nunberg signed a contract that provided for liquidated damages of $10 million should he publicly reveal any private matters he learned about Trump during his employment.
Trump did fire Nunberg in 2014 because of an unflattering op-ed that he believed Nunberg’s odd behavior had induced and sued Nunberg for $10 million. Nunberg counterclaimed that Trump was using corporate funds from the Trump Organization to fund his then-nascent presidential campaign, a potential felony. Soon, the litigation was dropped and Nunberg was rehired. And in 2015, he was fired again, in a very public and humiliating way by candidate Trump himself.
Last month, Nunberg agreed to be interviewed by Mueller’s prosecutors and FBI agents. After the five-hour interview, he told friends and media folks that he discerned from the questions that Mueller has “something bad” on Trump. Nunberg thought his involvement with the special prosecutor was over when he received a grand jury subpoena and then reacted in a most unlawyerly fashion.
For a few reasons, this is not good news for the president.
First, whatever Nunberg told the prosecutors and FBI agents who interviewed him last month, they revealed it to one of their grand juries; and they asked and received from the grand jury a subpoena compelling Nunberg to recount to the grand jury what he said in his interview. This is the same interview from which he claimed he learned that Mueller & Co. have “something bad” on Trump. The president’s lawyers would surely like to see whatever Mueller’s prosecutors told the grand jury Nunberg told them. So would we all.
Second, during his rants on Monday, he opined that the president is an “idiot” who no one hates “more than me,” and that Mueller had offered him immunity in return for his testimony. Immunity? That is the highest and best gift a prosecutor can give a witness or target. If done in accordance with the rules, it bars all prosecution of the immunized person no matter what he admits to in testimony, unless he lies under oath. If Mueller did offer Nunberg immunity, it can only mean that Mueller desperately needs Nunberg’s testimony against the president to be recounted to one of his grand juries, and that Nunberg has some criminal exposure.
At the end of his day of rage, Nunberg had a change of heart. I suspect it was induced by a compassionate on-camera plea to Nunberg by my Fox colleague Charles Gasparino, a friend of Nunberg who told him to talk to his lawyers and his doctors soon. After six hours of wild on-air gyrations and threats, Nunberg agreed to testify, Gasparino says.
Nunberg’s doctors must have calmed him down, and his lawyers must have reminded him that the remedy for the persistent willful failure to comply with a grand jury subpoena is incarceration. That would mean incarceration for the life of the grand jury, which now seems as though it will be sitting well into 2019. His lawyers no doubt also reminded him that it is insane to taunt an alligator before crossing the stream. The FBI does not like being provoked.
While all this was going on, the same grand jury subpoenaed all emails between or among Trump’s inner circle of 10 persons -- including the president himself. Given the roles each has played in Trump’s recent life, it is clear that the president remains in Mueller’s legal crosshairs.
There are actually three sets of legal crosshairs, so to speak. One seeks to determine whether the Trump campaign received “anything of value” from any foreign national or foreign government, and whether Trump personally approved of it -- a felony. Another inquiry seeks to determine whether the president himself attempted to obstruct the work of the Mueller grand juries by firing then-FBI Director James Comey for a corrupt reason, one that is self-serving and lacking a bona fide governmental purpose -- also a felony.
The third inquiry seeks to examine whether Trump misused or misrepresented corporate funds or bank loans in his pre-presidential life -- another felony. On this last point, he has already been accused by Nunberg; and the grand jury no doubt will hear about it.
It has often been argued that out of the mouths of babes and drunks comes the truth, as both lack a filter and any moral fear. Is Nunberg dumb like a fox? Did he impeach himself? Would you believe Sam Nunberg?
Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel.
United Steelworkers president: Trump tariffs needed to preserve America’s steel and aluminum industries
A great wailing and gnashing of teeth
arose across the land last week after the Trump administration
announced its plan to place tariffs on imported steel and aluminum. Some
conservatives cried that the tariffs – 25 percent on steel and 10
percent on aluminum – would incite an international trade war.
House Speaker Paul Ryan, R-Wis., claimed the moderately sized tariffs on two metals would reverse the economic boon
that he believes the tax breaks his party gave to corporations and the
rich are sure to create. The good times would be over. Kaput!
This drama comes from a politician who proposed a
border adjustment tax on all imports, not just two metals. That tax that
would have cost American consumers $1 trillion.This hyperbole comes from conservatives who deliberately blind themselves to the devastation Chinese trade cheating has caused the American steel and aluminum industries.
This hysteria comes from corporations that use steel and aluminum and are apparently just fine with Chinese trade violations completely killing off American producers, leaving our country without domestic suppliers of metals essential for national defense.
The tariff proposal wasn’t sudden or out of the blue. It came after President Trump announced last April that the U.S. Department of Commerce would evaluate whether the damage done to the American steel and aluminum industries by bad trade endangered national security. The Commerce Department told President Trump in December that it did.
The Commerce Department recommended remediation through tariffs, import limits or both. The department estimates the cost of the tariffs to the U.S. economy at $9 billion, or a fraction of 1 percent of the nation’s total gross domestic product – and a fraction of the cost of Speaker Ryan’s border adjustment tax.
The beverage industry went crazy anyway. Coors, for example, claimed the tariffs would cost jobs across the beer industry and “American consumers will suffer.”
Here’s what Coors calls suffering: a penny price hike. There is about three cents worth of aluminum in a beer can. A 10 percent tariff on aluminum could increase the price of an entire six-pack of Coors by not quite two cents. Little more than a penny.
Frankly, an extra penny or two doesn’t sound like real suffering. It’s not clear just how many football fans would forego the six-pack for Sunday’s game because of that extra penny. It’s not clear just how many beer industry jobs will really be lost because of one extra cent per six-pack.
The additional cost to a new car, which contains much more steel and aluminum, would be more significant. A senior economist at Cox Automotive estimated it at $200.
But that’s only if American aluminum and steel companies raise their prices by 10 and 25 percent.
American steel and aluminum manufacturers are not subject to the tariffs, so they don’t have to raise their prices. But they may need to increase their prices because excessive production of aluminum and steel in China has severely depressed prices worldwide.
China is massively overproducing the metals at massively subsidized mills. The Chinese government owns some mills and provides supports for the industries in the form of loans that don’t have to be repaid, low-cost or free raw materials and underpriced utilities. It then dumps its excess aluminum and steel on the world market at prices below production costs.
The Chinese action forces down the price of the metals to the point where mills in free market nations like the United States go bankrupt. It is a trade war perpetrated by China on the rest of the world.
China’s practices violate international trade rules. The United States, in conjunction with European allies and others, has repeatedly over the past decade negotiated with China to stop defying the rules it agreed to abide by when it gained entrance to the World Trade Organization. China repeatedly has said it would follow the rules. And then it doesn’t.
China’s actions have has killed American mills, thrown tens of thousands out of work and devastated mill towns. Steel employment in the United States has declined 35 percent since 2000, with 14,500 workers losing their jobs just between January of 2015 and June of 2016. The plummet in aluminum employment was even steeper, with 58 percent of jobs lost in just the three years between 2013 and 2016.
In 2000, 105 companies produced raw steel at 144 U.S. locations. Now 38 companies forge at 93 locations. There’s only one company left in the United States that produces the Navy armor plate used to build the Virginia Class submarines.
Over the past six years, six aluminum smelters closed permanently. Just five remain, with only two operating at full capacity. And only one of those produces the high-purity aluminum required for defense aerospace needs.
To see real suffering, Coors might take a look at unemployed aluminum and steel workers and their crumbling communities. Coors should note that both U.S. Steel and Century Aluminum have said the tariffs will enable them to reopen closed mills and rehire a total of 700 workers.
Unlike Coors, conservative TV commentators and Speaker Ryan, most Americans are willing to pay the extra penny per six-pack to ensure their country has the domestic aluminum smelting and steel forging ability that is crucial to our national security.
Dem 'cannabis candidate' accused of abusing women, overstating 'Iraq veteran' claim
A Democrat seeking a U.S. House seat in Illinois –
who attracted attention for a campaign ad showing him smoking pot – now
faces accusations that he has abused women and misleadingly described
himself as an “Iraq veteran" and "former FBI agent."
Benjamin Thomas Wolf, who is running
in the Democratic primary against incumbent U.S. Rep. Mike Quigley, came
under fire after an ex-girlfriend alleged he acted abusively and
intentionally revealed her name and home address on social media, a
practice called “doxing.”
“He actually hit me, threw me to the ground, put his
foot on my chest. He was really angry. He grabbed my face,” Katarina
Coates, who interned for Wolf’s campaign, told Politico.She added: “I thought it was normal. I cannot explain the logic. It seemed like he cared about me when he did that. After that time he stood on my chest, he went and took me for chocolate cake. I kind of associated it with his caring."He actually hit me, threw me to the ground, put his foot on my chest. He was really angry. He grabbed my face."
"There were times I would ask him, 'Do you ever regret hitting me?' He would say: 'No, but I'm relieved when you put your head down so I don't have to do it again.'"
DEM CANDIDATE WHO SMOKED POT IN CAMPAIGN AD SAYS HE’LL ‘DEFINITELY’ GET HIGH IF HE WINS
The woman said she did not report Wolf to police, but reached out to officials at both DePaul University, where she was studying, and Roosevelt University, where Wolf claims to be an adjunct professor.
Coates said that after she contacted DePaul campus security regarding Wolf in April 2017, a security officer told her Wolf was banned from campus.
“Ben is not allowed in campus. He does know that as I told him that personally,” Michael Dohm, deputy director of public safety at DePaul, told the woman via email, Politico reported.
But the ban was not prompted by Coates’ allegations. Instead, it reportedly was imposed after a DePaul professor named Jason Hill heard another student's accusation about an encounter with Wolf.
Hill told Politico that Wolf later sent him a number of threatening messages. “He wrote a lot of nasty letters to me encouraging me to kill myself. He said: ‘You should just commit suicide,’” Hill said.
Another ex-girlfriend, Kari Fitzgerald, also made accusations against Wolf, saying that although he was not violent toward her, he showed “abusive, escalating behavior.”
Wolf told Politico he denies the accusations of abuse. However, the Democrat also faces scrutiny over alleged claims of being an “Iraq veteran” and “former FBI agent.”
The candidate has reportedly never been a member of the armed forces, but says on his website that he has been a diplomat in the Foreign Service under the State Department during the Iraq war. One tweet from him reportedly read: "Wolf served multiple terms in Africa and Iraq. Wolf for Congress."
The candidate contends that one does not have to be in the military to call oneself a veteran.
“People in the military get upset when I say I served in Iraq. The military doesn't have a patent on the word 'served,’” he told Politico."People in the military get upset when I say I served in Iraq. The military doesn't have a patent on the word 'served.'"- Benjamin Thomas Wolf, Democrat running for a U.S. House seat in Illinois
In a news release last week, Wolf’s campaign also identified him as a “former FBI agent,” despite contrary claims by the agency.
A spokesperson for the FBI told the Chicago Tribune that the candidate worked at the agency as “a non-special agent professional support employee” rather than an agent.
Wolf confirmed to the outlet that he failed the FBI’s agent test but denied he ever identifies himself as such, adding that there is a small difference between his role at the agency and that of actual FBI agents.
Sessions blasts ‘radical’ move by California to block ICE raids, says move akin to ‘open borders’
Jeff Sessions, the U.S. attorney general, on
Wednesday told Fox News that California is “not entitled” to block
Immigration and Customs Enforcement raids and vowed that the federal
government will not allow the Golden State to flout immigration laws.
Sessions called the state’s actions
“radical," and reminded other sanctuary city states that “federal law
determines immigration policy,” not states.
He told Shannon Bream, the host of “Fox News @ Night,”
he is not happy with comments by House Minority Leader Nancy Pelosi,
D-Calif., who on Wednesday slammed the ICE raids in the state last week as "unjust and cruel."Federal immigration agents arrested more than 150 people in California in the days after Oakland's mayor gave early warning of the raids over the weekend late last month."Why do we have ICE officers? Are they just going to sit in their offices and do nothing?"
Oakland Mayor Libby Schaaf warned residents that "credible sources" had told her a sweep was imminent, calling it her "duty and moral obligation" to warn families.
California lawmakers from Gov. Jerry Brown down to local mayors have resisted a Trump administration immigration crackdown that they contend is arbitrarily hauling in otherwise law-abiding people and splitting up families that include U.S.-born children.
“We wanted a healthy and good relationship with [California], but federal law determines immigration policy," he said. "The state of California is not entitled to block that activity. Somebody needs to stand up and say no, you’ve gone too far, you cannot do this, this is not reasonable. It’s radical, really.”
The attorney general said California's position essentially amounted to adopting "open borders." He denied that the federal government wants to commandeer state authorities.
"People have tried to spin this as somehow we're demanding that state and local officials go out and do the work of the federal government," Sessions said. "We just cannot allow them to obstruct or block" federal officers, he said.
"We cannot accept this," he reiterated.
PELOSI SLAMS 'UNJUST AND CRUEL' ICE RAID
Sessions said there is "nothing wrong" with ICE raids.
"Why do we have ICE officers?" Sessions asked. "Are they just going to sit in their offices and do nothing?"
Sessions also spoke to the recent calls for a second Special Counsel, saying he has “a responsibility to ensure the integrity of the FISA process” and that he will “consider their request.
“I have great respect for Mr. Gowdy and Chairman Goodlatte, and we're going to consider seriously their recommendations.”
Sessions also cooled off rumors about tension between the president and himself, saying that he “believes in the policies he’s advancing.”
“I think President Trump moves the ball. He can get things done that I’m not sure any other person in America could get done,” he said.
Wednesday, March 7, 2018
Bernie Sanders' stepdaughter loses bid for mayor of Burlington, Vermont
Carina Driscoll, stepdaughter of
Sen. Bernie Sanders, lost her bid for mayor of Burlington, Vermont.
(AP)
The stepdaughter of U.S. Sen. Bernie
Sanders of Vermont has lost her bid to become mayor of Vermont’s largest
city, the same city where her stepfather launched his political career.
Carina Driscoll, a former state
legislator, lost Tuesday’s election for Burlington mayor to the
incumbent, Miro Weinberger. This will be Weinberger’s third three-year
term as mayor.
Driscoll, who ran as an independent, claimed on the
campaign trail that Weinberger, a Democrat, catered private investors
instead of advocating for the voters.However, Driscoll’s campaign was surrounded by controversy early on.
She was slammed for payments her business received from a college her mother used to run.
According to a report, Driscoll’s Vermont Woodworking School received $500,000 from Burlington College between 2009 and 2012. Her mother, Jane O’Meara Sanders, was president of the college from 2004-2011.
Driscoll was endorsed by Vermont’s Progressive Party.
'Sex and the City' star considers run against New York's Cuomo
Actress Cynthia Nixon arrives at the
31st Independent Spirit Awards in Santa Monica, Calif., Feb. 27, 2016.
(Reuters)
Cynthia Nixon, who played Miranda
Hobbes on HBO's “Sex and the City,” is reportedly considering
challenging New York Gov. Andrew Cuomo in his bid for re-election this
year.
Cuomo, a Democrat, is still popular,
but is viewed as vulnerable because of his his frayed relationship with
New York City Mayor Bill de Blasio and because of the city's constant
transit issues.
The New York Times reported Tuesday
that Cuomo brushed off the possible challenge from Nixon in September's
Democratic primary, saying, "You can’t let these things bother you.
Otherwise you won’t last long."Nixon, an education activist, has been openly critical of Cuomo. The paper reported that she once said the Cuomo was “shortchanging the children of New York.”"You can’t let these things bother you. Otherwise you won’t last long."
Nixon told NBC's “Today” show in August that there were “a lot of people who would like me to run.”
NY1 reported that Nixon has started to build a campaign staff, which includes two people who worked on de Blasio’s first mayoral campaign.
“Many concerned New Yorkers have been encouraging Cynthia to run for office, and as she has said previously, she will continue to explore it,” Rebecca Capellan, Nixon’s publicist, told the Times in a statement. “If and when such a decision is made, Cynthia will be sure to make her plans public.”
Cuomo has already announced he will seek a third term in November and is a potential 2020 presidential candidate. Nixon would be the state’s first female and openly gay governor, the Times reported.
A recent poll suggests a growing dissatisfaction with Cuomo among liberals. The Siena College poll released last month found 53 percent of voters view Cuomo favorably, while 40 percent said they don't. That compares to 62-30 percent in January's Siena poll.
Arthur Schwartz, an organizer for the New York Progressive Action Network, told the Democrat and Chronicle of Rochester that he hopes someone comes forward to challenge Cuomo.
Schwartz was referring to former Syracuse Mayor Stephanie Miner.
Gary Cohn, WH chief economic adviser, announces resignation hours after signaling he won't back tariffs
White House national economic council director Gary
Cohn will resign from his post, the White House confirmed Tuesday, in
yet another high-profile departure from the Trump administration in
recent weeks.
Cohn, who served as President Trump’s
chief economic adviser since the beginning of the administration,
opposed Trump's planned tariffs on imports of steel and aluminum, first
announced last week, and reportedly tried getting the president to
change course. Hours before his resignation was announced, Trump set
a “line in the sand” asking Cohn if he would support the tariffs -- and
Cohn did not answer, a White House official and an outside adviser to
the president told Fox News.
Cohn had been discussing with the president his transition out of the White House for several weeks.“It has been an honor to serve my country and enact pro-growth economic policies to benefit the American people, in particular the passage of historic tax reform,” Cohn said in a statement to Fox News. “I am grateful to the President for giving me this opportunity and wish him and the Administration great success in the future.”
White House officials told Fox News that Cohn's departure date is to be determined, but it's expected to be a few weeks from now. Trump tweeted Tuesday night: “Will be making a decision soon on the appointment of new Chief Economic Advisor. Many people wanting the job - will choose wisely!”
Trump's questioning of Cohn earlier Tuesday was reported first by Bloomberg.
Cohn helped to advance the president’s deregulatory agenda, and to organize his participation in the World Economic Forum in January 2018.
“Gary has been my chief economic advisor and did a superb job in driving our agenda, helping to deliver historic tax cuts and reforms and unleashing the American economy once again,” Trump said in a statement. “He is a rare talent, and I thank him for his dedicated service to the American people.
White House Chief of Staff John Kelly said Cohn served his country with “great distinction” and dedicated his “skill and leadership to grow the U.S. economy” and “pass historic tax reform.”
“I will miss having him as a partner in the White House, but he departs having made a real impact in the lives of the American people,” Kelly said in a statement Tuesday.
Over the summer, Cohn reportedly drafted a resignation letter, following the president's response to the violence in Charlottesville, Va.
Cohn’s White House departure comes just one week after White House Communications Director Hope Hicks resigned from her post, after serving for several months.
Tuesday afternoon, the president pushed back against news reports of a dysfunctional West Wing, saying that "everybody wants to work in the White House."
"I like conflict," Trump said in a joint press conference with Swedish Prime Minister Stefan Lofven, noting that the West Wing has "tremendous energy" and that the White House is a "great place to be working."
TRUMP ON TURBULENCE IN THE WEST WING: 'I LIKE CONFLICT'
"Many, many people want every single job," Trump said, adding that "there will be people that change," but said, "Believe me, everybody wants to work in the White House. They want a piece of the Oval Office, they want a piece of the West Wing."
The Trump administration has seen plenty of turnover in its first 14 months. Last month, Hicks stepped down; a senior communications official who worked closely with Jared Kushner and Ivanka Trump, Josh Raffel left his post. Earlier in February, White House staff secretary Rob Porter, and White House speechwriter David Sorenson, left the administration after domestic abuse allegations.
Trump DOJ sues California over 'interference' with immigration enforcement
The Trump Justice Department filed a lawsuit
Tuesday night against California, saying three recently-passed state
laws were deliberately interfering with federal immigration policies.
It marked the latest legal and
political confrontation with the nation's most populous state, which the
federal government says has repeatedly stood in the way of its plans to
step up enforcement actions in the workplace and against criminal
aliens.
"The Department of Justice and the Trump Administration
are going to fight these unjust, unfair, and unconstitutional
policies," Attorney General Jeff Sessions was expected to tell
California law enforcement officers on Wednesday. "We are fighting to
make your jobs safer and to help you reduce crime in America."The state's Democratic governor, Jerry Brown, fired back: “At a time of unprecedented political turmoil, Jeff Sessions has come to California to further divide and polarize America. Jeff, these political stunts may be the norm in Washington, but they don’t work here. SAD!!!”
Federal officials are seeking an injunction to immediately block enforcement of the three California laws, each enacted within the past year.
One of those laws offers additional worker protections against federal immigration enforcement actions. Senior Justice Department officials have said it's prevented companies from voluntarily cooperating with Immigration and Customs Enforcement (ICE) officials.
Employers are mandated under the law to demand ICE agents present a warrant or subpoena before entering certain areas of the premises, or when accessing some employee records.
Some companies have complained they've felt torn between trying to comply with seemingly contradictory state and federal statutes, since penalties for non-compliance can be steep from both entities.
Another state law dubbed known by critics as the "sanctuary state" bill protects immigrants without legal residency by limiting state and municipal cooperation with the feds, including what information can be shared about illegal-immigrant inmates.
A third law gives state officials the power to monitor and inspect immigrant detention facilities either run directly by, or contracted through, the U.S. Department of Homeland Security.
The Justice Department has said it's confident the Constitution's Supremacy Clause gives it broad authority to supersede state laws that it says interfere with its immigration enforcement obligations.
Still, state officials in the past have cited the 10th Amendment’s guarantee of states not being compelled to enforce federal laws.
“We’ve seen this B-rated movie before. So we’re not totally surprised,” California Attorney General Xavier Becerra said in response to the new lawsuit.
The Justice Department is also reviewing Oakland Mayor Libby Schaaf's decision to warn of an immigration sweep in advance, which ICE said allowed hundreds of immigrants to escape detention. “Oakland is a city of immigrants. We will continue to exercise our legal right to exist as a sanctuary city. We will continue to inform all residents about their Constitutional rights, and we will continue to support California’s sanctuary status,” the Democratic mayor responded.
ILLEGAL IMMIGRANTS WITH SEX, ROBBERY CONVICTIONS AMONG THOSE WHO EVADED CAPTURE AFTER OAKLAND MAYOR'S WARNING
An estimated 2.5 million immigrants are believed to be in California illegally. In the most recent figures, ICE has reported about 16 percent of its enforcement apprehensions take place in that state.
The latest legal action by the Trump administration is part of an aggressive push to enforce existing immigration laws, with Sessions in previous remarks citing a porous U.S. border with Mexico, and the threat of criminal activity by immigrant gangs.
Federal officials repeatedly have cited the case of Kate Steinle, shot to death by an illegal alien and seven-time felon in San Francisco, one of 35 communities in the state declaring itself a "sanctuary city."
The Justice Department in January threatened California and other states with subpoenas and a loss of grant money for repeatedly failing to respond to requests for immigration compliance under a federal law known as Section 1373.
Federal officials would not say whether other states were at risk of similar lawsuits over their alleged non-compliance with immigration laws.
A coordinated ICE enforcement action last month on businesses in the Los Angeles area netted 212 people arrested for violating federal immigration laws, 88 percent of whom were convicted criminals, officials said.
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