Monday, September 18, 2017

More Than Seven Lawyers Working On Michael Flynn's Defense Team

Carlos Barria / Reuters

Michael Flynn's family has set up a legal defense fund and is now soliciting donations as multiple investigations scrutinize the actions of the former Trump national security adviser.

The family is setting up the fund because "[t]he enormous expense of attorneys' fees and other related expenses far exceed their ability to pay," according to a statement from Joe Flynn and Barbara Redgate, Flynn's brother and sister, respectively.

A source familiar with his legal representation said Flynn's "core team" is seven attorneys from Covington — including partners, counsel, and associates — with "numerous" others involved at certain points. The fees will "certainly be into the seven figures," according to the source.

Flynn, who played key roles in Trump's campaign and is a retired Army lieutenant general, has been under scrutiny in the various investigations relating to Russia's attempts to influence the 2016 election, including special counsel Robert Mueller's investigation. Flynn tweeted out the news about the legal defense fund first thing Monday.

"The costs of legal representation associated with responding to the multiple investigations that have arisen in the wake of the 2016 election place a great burden on Mike and his family," the website reads. "They are deeply grateful for considering a donation to help pay expenses relating to his legal representation."

Flynn's personal business dealings and his actions during the Trump transition have been an enormous source of coverage. There have been questions about foreign payments to Flynn, as well as other Flynn meetings with foreign officials.

Flynn turned over more than 600 pages of documents to congressional investigators in June in connection with their investigations. He has not, however, personally testified — earlier citing fear of prosecution.

In addition to Robert Kelner, the Covington partner who has been Flynn's lead counsel throughout the investigations, the primary attorneys representing Flynn include partner Stephen P. Anthony and counsel Brian D. Smith. Anthony is a white-collar criminal trial lawyer who previously worked in the Justice Department's Public Integrity Section. Smith, a former lawyer in the Clinton White House counsel's office, currently advises clients on investigations — including matters involving the Foreign Agents Registration Act. The three of them have signed various congressional correspondence, the source told BuzzFeed News.

In addition to the core team, "numerous" other Covington attorneys have been involved from time to time — when documents have needed to be reviewed, for example — the source told BuzzFeed News.

Related Links:

LINK: Trump Advisers Secretly Met With Jordan’s King While One Was Pushing A Huge Nuclear Power Deal

LINK: Michael Flynn Refuses To Comply With Senate Subpoena, Citing Fear Of Prosecution



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Sunday, September 17, 2017

Here's Why Some Trump Supporters Are Setting Their MAGA Hats On Fire

“You have become the swamp.”

As President Trump flirts with making a deal with Democrats on DREAMers, some of his hardcore supporters are turning on him by burning their iconic "Make America Great Again" hats.

As President Trump flirts with making a deal with Democrats on DREAMers, some of his hardcore supporters are turning on him by burning their iconic "Make America Great Again" hats.

Alex Wong / Getty Images

House Democratic leader Nancy Pelosi and Senate Minority Leader Chuck Schumer announced on Wednesday that they had reached an agreement with President Trump on DACA, or Deferred Action for Childhood Arrivals. Trump said Thursday that no deal had been made, but appeared to embrace the Democrats' goals in crafting legislation to protect undocumented people brought to the United States as children.

"Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military?" he tweeted Thursday. "Really!"

@realdonaldtrump / Via Twitter: @realDonaldTrump


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Friday, September 15, 2017

Members of the Cassini mission say goodbye to the spacecraft, their coworkers and some long-held traditions.


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Judge Questions If Court Can Toss Out Joe Arpaio's Conviction After Trump's Pardon

Robyn Beck / AFP / Getty Images

A federal judge isn't convinced she can vacate former Maricopa County Sheriff Joe Arpaio's criminal contempt conviction in the wake of President Trump's pardon and instead asking for more briefing on the effect of the presidential action.

The move doesn't mean US District Judge Susan Bolton is still seeking to sentence Arpaio for the conviction, but it does signal that she is considering simply dismissing the case while leaving the guilty verdict on his record.

The controversial Arizona sheriff was found guilty of criminal contempt of court for refusing to stop traffic patrols targeting suspected undocumented immigrants. After the pardon in August, Trump's first as president, Arpaio asked Bolton to vacate the conviction and dismiss his case.

Bolton was set to sentence Arpaio on Oct. 6 for his conviction until Trump's pardon. Now, she is scheduled to consider his request to vacate the conviction on Oct. 4.

In response to Arpaio's request, the Justice Department agreed, calling it "just and appropriate" for the judge to vacate her orders and dismiss the case.

The move led several outside parties to weigh in, with many going so far as to ask the judge to consider whether the pardon itself was void.

Bolton did not directly address that issue, instead focusing in Thursday's order on the effect of the pardon.

Arpaio has asked Bolton to vacate the "verdict and other orders in this matter," she wrote, and the Justice Department "appears to agree with" that request. The cases cited by Arpaio and the Justice Department, Bolton wrote, focus on vacating the final judgment in a case before dismissing it — not the more broad request of vacating all of the orders in the case.

Because Arpaio had been convicted, but not sentenced, for criminal contempt due to his repeated refusal to follow federal court orders in a case challenging his policies for detaining people based solely on their perceived immigration status, there was no final judgment. As such, Bolton wrote that the cases cited "suggest that dismissal with prejudice is all that remains to be ordered."

She continued, however, noting that "U.S. Supreme Court and Ninth Circuit case law suggest that a presidential pardon leaves intact the recipient’s underlying record of conviction. ... The Government’s Response does not sufficiently address this issue. Therefore, supplemental briefing is appropriate."

The Justice Department is to file a five-page brief on the question by Sept. 21. Arpaio can also file a reply, per the order.

LINK: Joe Arpaio Wants His Conviction Tossed Out Now That He's Been Pardoned

LINK: President Trump Has Pardoned Controversial Former Arizona Sheriff Joe Arpaio




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A Federal Judge Is Suing The Government For Ordering Him To Get a Mental Health Evaluation

The federal courthouse in Akron, Ohio

Carol M. Highsmith / Library of Congress

A federal judge in Ohio is suing the federal judiciary, claiming that other judges violated his constitutional rights in ordering him to undergo a mental health screening — and threatening his position on the court if he refused — after finding he committed misconduct.

US District Judge John Adams, who sits in Akron, faced disciplinary action last month after a panel of judges found that he mistreated another official in his courthouse and refused to cooperate with an investigation into his behavior by undergoing a mental health exam.

Adams, represented lawyers from the conservative government watchdog group Judicial Watch, filed a lawsuit on Thursday in the US District Court for the District of Columbia, naming the panels of judges who issued orders against him as defendants.

For a federal judge to file a lawsuit, let alone to sue his colleagues and the court system that he works in, is unusual. Federal judges filed a lawsuit several years ago against the US government seeking pay raises, but that didn't involve judges accusing each other of violating the law, as Adams has done.

Adams could not immediately be reached. His lead attorney, Paul Orfanedes, litigation director at Judicial Watch, did not immediately return a request for comment. Judicial Watch is best known for filing Freedom of Information Act lawsuits seeking documents from federal agencies, but Orfanedes has represented Adams during the misconduct proceedings.

Adams was nominated by President George W. Bush in 2003. Before he was confirmed, he was a state court judge and a prosecutor in Ohio, and also worked in private practice.

According to a public document issued in his misconduct case in August, Adams was accused of committing misconduct in his dealings with a magistrate judge in his court. Federal magistrate judges are not Senate-confirmed like US district judges, but often take on significant roles in managing cases, including ruling on whether recently arrested criminal defendants should be released before their next court appearance and managing the exchange of evidence in civil lawsuits.

After a magistrate judge missed a deadline that Adams had set for completing work on a case in February 2013, Adams issued an order that the magistrate judge explain why that magistrate judge should not be held in contempt. The magistrate judge submitted an explanation, and Adams accepted it.

Adams' district court colleagues objected to how he had handled the situation, however, and four judges filed a judicial misconduct complaint against him. A special committee of judges — publicly available records about the case don't specify who those judges were — led the initial investigation, and eventually expanded the probe to include whether Adams was suffering from any emotional or mental instability. The committee hired a forensic psychiatrist to examine him, but Adams refused to undergo testing or provide any documents to the psychiatrist.

In July 2015, the special committee gave its report to the Judicial Council of the Sixth Circuit — the body of judges that handle judicial complaints against judges who serve within the Sixth Circuit, which covers Ohio, Michigan, Kentucky, and Tennessee. The committee concluded that Adams' behavior suggested he might have a disability that prevented him from having a relationship with his colleagues and handling his work as a judge.

In February 2016, the Sixth Circuit council issued an order finding that Adams had committed misconduct in his treatment of the magistrate judge and his refusal to undergo the mental health exam. The council ordered that Adams be reprimanded and undergo the mental health screening. It ordered that he also not handle cases for two years — a limitation that could be suspended if Adams took the exam and was found to be able to do his job. If Adams continued to refuse the testing, the council said that it intended to recommend that Adams voluntarily retire.

Adams challenged that order before the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States, which can review circuit-level decisions in judicial misconduct cases. That committee largely upheld the Sixth Circuit council's order in August, although it said that Adams could continue to handle cases.

According to committee's August memorandum, the investigation showed that the incident with the magistrate judge "was the culmination of an increasingly strained relationship between Judge Adams and his colleagues that began in 2008," when Adams' preferred candidate for a magistrate judge position was not selected. Adams had also stopped participating in court events and administrative business and had generally refused to interact with other judges, the conduct committee noted.

In his lawsuit against the Sixth Circuit council and the Judicial Conference committee, Adams is claiming that forcing him to go through an involuntary mental health screening violates his constitutional rights to due process — he said he wasn't given notice about what judicial duties he was allegedly unable to perform as a result of any suspected mental disability — and against unreasonable searches. He's also challenging the constitutionality of the Judicial Conduct and Disability Act, the federal law that lays out the authority of federal judges to mete out discipline.

Adam's lawsuit is unusual, but not unprecedented, according to Stephen Gillers, a law professor at New York University School of Law and an expert on judicial ethics. He cited the case of the late Oklahoma federal judge Stephen Chandler, who in the late 1960s went to the US Supreme Court when the Judicial Council of the Tenth Circuit temporarily barred him from handling cases. He was eventually reinstated, according to a 1989 obituary by the Associated Press, and the Supreme Court never ruled on the merits of his claim.

"Adams claims the Judicial Counsel and the Judicial Conference are violating his constitutional rights. He has nowhere else to go now but court and he’s entitled to seek relief there," Gillers said.



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New Poll: Removing Confederate Monuments Matters To Voters Of Color — But Not As Much As Other Stuff

The Ku Klux Klan protests the planned removal of a statue of General Robert E. Lee in July in Charlottesville, Virginia.

Chet Strange / Getty Images

In a new poll, registered voters of color in Virginia say removing Confederate statues and memorials from public spaces is only “somewhat important” compared to other issues.

Conversely, those voters ranked access to quality education, safety for people of color, and standing against the rise of white nationalism as matters of “extreme importance.”

The poll, conducted by two Democratic-leaning groups, BlackPAC and brilliant corners strategies, comes amid a broad and fraught debate about how to handle and when to remove Confederate memorials — especially in Virginia, where a man who attended a white supremacist rally rammed a car into a crowd of counterprotesters, ultimately killing a woman. The debate has also entered into the state’s upcoming governor’s race.

The groups surveyed about 1,000 voters of color registered in Virginia, including 600 black voters, and 200 Latino voters, and 200 Asian American-Pacific Islander voters, respectively. Voters were asked to rate a set of issues based on race and identity — with 10 being “extremely important,” 5 being “somewhat important” and a 0 being “not important at all.”

Forty-three percent of black voters (the highest percentage) put the removal of Confederate monument at or near the top of their personal priorities; 31% of Hispanic and 35% Asian-American Pacific Islander voters ranked removing Confederate monuments that high. All told, the removal of Confederate statues and monuments had an average score of 5.8-level importance among groups participating in the survey.

Confederate symbols have become a flashpoint in national politics: On the left, symbols like the Confederate flag are held up as relics of white supremacy that represent a legacy of violence against black people over whose freedom the Civil War was fought. Their supporters, meanwhile, largely describe the symbols as an ode to heritage. That debate has been shadowed by violence: both in Charlottesville and in places like Charleston, South Carolina, Dylan Roof killed several members of a black church. He had been photographed with the Confederate flag, which the state subsequently removed from the statehouse grounds after the shooting.

Trump’s response to the Charlottesville violence, in which he described “very fine” people among white supremacists who had rallied around a statue of Robert E. Lee, was widely criticized, especially by black Americans.

But according to the poll, voters of color say they are less likely to respond to specifically anti-Trump messages, and far more likely to be motivated to cast a vote that sends a strong message about their feelings on racism. People who say they are concerned about the protection of voting rights are most likely to vote, according to the poll.

Cornell Belcher, the Democratic pollster who conducted the poll, told BuzzFeed News he wasn’t surprised that the issue of the Confederate monuments was such a low priority.

“When you think about communities of color feeling literally threatened and unsafe in this current environment, issues like the statues are important, but clearly they’re not going to rise to the issue of some of the other issues around racial profiling and community safety where it is a life and death situation in these communities,” he said.

Adrianne Shropshire, BlackPAC’s executive director, said she found the response to the issue of the removal of Confederate monuments and statues “a little bit surprising” but that it was important to look at voter attitudes through the lens of responses to questions about ending white supremacy and fight racism and discrimination. “Ultimately, the visuals of Nazis marching in the street in Charlottesville took precedence over the monument issue. [The responses] didn’t center necessarily on the monuments but instead on the potential for racialized violence,” said Shropshire.

Belcher said that Latino voters in particular are “much more interested” in elections than in years past, but that you “don’t see the same some voter intensity” with black Americans, particularly younger voters. Belcher said that the way to engage is to hammer a compelling message on fighting against discrimination, alluding tangentially to a fear that black voter turnout — black women, for instance, trail both Latino and AAPI women in vote likelihood, according to the survey — could be returning to pre-Obama era levels.

“That’s really problematic for Democrats and progressives if there's a pre-Obama reversion,” he said.

Virginia’s elections take place Nov. 7. Ralph Northam, the Democratic candidate for governor, is trailing Terry McAuliffe's 2013 performance with voters of color. Justin Fairfax, the Democratic candidate for lieutenant governor who is black, leads in popularity over Republican Jill Vogel with voters of color. A July Virginia Commonwealth University poll had Fairfax with a six point lead over Vogel, but the pollsters recommended Fairfax and Democrats take action increase his name ID.



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Thursday, September 14, 2017

Tim Scott Says It's Unrealistic To Think Trump Will Have An "Epiphany" On Race

WASHINGTON — Senator Tim Scott, a black Republican from South Carolina, said it's unrealistic to think President Trump would have an "epiphany" regarding race.

Scott met with Trump on Wednesday to discuss the topic, especially after Trump defended white supremacists who marched on Charlottesville. On Thursday, on board Air Force one while returning from touring Hurricane Irma damage in Florida, Trump reinforced his previous controversial comments defending white supremacists by pointing to a sometimes violent group that opposes them, Antifa.

"At the end of the day, I voiced my concerns about the thought that somehow three centuries of American history of raping and murdering people based on their color is somehow equal to what Antifa is doing today," Scott told BuzzFeed News on Thursday after being told of Trump's comments.

When asked if he found it frustrating to see that he might not have gotten the message, Scott said, "No, I mean, listen. He is who he has been and I didn't go in there to change who he was, I wanted to inform and educate a different perspective. I think we accomplished that. To assume that immediately thereafter he's going to have an epiphany is just unrealistic."

Scott has previously said Trump had "compromised" his moral authority through his handling of the race-fueled Charlottesville riots.

"They talked about [Charlottesville] pretty in-depth," Press Secretary Sanders said Wednesday of the meeting, "but the focus was primarily on solutions moving forward, and that was what both people came to the meeting wanting to discuss — is what we can do to bring people together, not talk about divisions within the country."

Trump, on Thursday, said he and Scott "had a great talk yesterday. I think especially in light of the advent of Antifa, if you look at what’s going on there. You have some pretty bad dudes on the other side also and essentially that’s what I said. Now because of what’s happened since then with Antifa. When you look at really what’s happened since Charlottesville, a lot of people are saying and people have actually written, ‘Gee, Trump may have a point.’

Trump added, "I said there’s some very bad people on the other side also. But we had a great conversation. And he has legislation, which I actually like very much, the concept of which I support, to get people into certain areas and building and constructing and putting people to work. I told him yesterday that’s a concept I can support very easily.”

This is a developing story. Check back for updates and follow BuzzFeed News on Twitter.



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How An Old-Fashioned Senator Is Living In Donald Trump’s Washington

Sen. Rob Portman of Ohio.

Alex Wong / Getty Images

WASHINGTON, D.C. — Rob Portman is a serious senator. He's Midwest nice, a little old-fashioned, and in possession of deep wells of knowledge about taxes, trade, and health care. In some alternate universe, you could imagine him as Mitt Romney's vice president.

This week, in his quiet office on the opposite end of Pennsylvania Avenue, Portman shared one way a serious senator deals with this insane moment in politics. Asked how he learns about President Donald Trump’s disruptive and frequently combative tweets, the Ohio Republican grinned.

“I get it two ways,” he began, as he rose from a chair in his office.

He walked behind his desk and grabbed his iPhone.

“I can’t follow everybody right? But guess who I do follow? Donald Trump,” Portman continued as he returned to his seat. “So every one of his tweets, I get on my phone.

“I have an alert,” Portman confirmed as he tapped away at the screen. “You know why? Because when I didn’t have an alert, I would be in the middle of interview with someone like you and they would ask me about something he tweeted, and I would be caught flat-footed.”

And, just to be safe, Portman’s press secretary sends him an email each morning with Trump’s tweets, which more often than not jolt the day in different directions and into various diversions.

During a half-hour interview this week with BuzzFeed News, Portman offered a glimpse of how Republicans like him — a mild-mannered conservative who came of age in the Bush era but now seems moderate when compared to Trump’s far-right champions — are trying to navigate the reality of Trumpism and a president who has taken their party down a more populist and unpredictable path. These days it’s tougher to figure out where a Portman fits.

What does it mean to be a Republican right now? Portman, once an unabashed free-trader who served as George W. Bush’s US trade representative, framed his answer around an issue that was central to Trump’s “America First” message.

“I consider myself a good Republican, but I’ve also been willing to talk about fair trade,” Portman said. “On something like that I feel like, even though I was a little out of the mainstream of my party on some respects there, I’m not uncomfortable with where they’re going, because I do think fairness and a level playing field is consistent with my principles and values as a Republican.”

He also acknowledged his own shift, something that signals just how sharply the party’s dynamics on trade have turned: Portman came out against the Trans-Pacific Partnership last year during his re-election campaign. And though he does not favor withdrawing from North American Free Trade Agreement, Portman said he wants to see substantial changes to that pact.

Despite the changing political environment, Portman still views the GOP as, in his words, a team. And he doesn’t appreciate it when the ostensible head of the party, Trump, or his allies do something that messes with the chemistry. Specifically, Portman called out Trump for his recent attacks on Senate Majority Leader Mitch McConnell: “Going to the team concept, McConnell’s going to be the majority leader. You’ve got to figure out a way to work together as adults — we don’t have to love each other.”

Portman also isn’t happy that Steve Bannon, the former White House chief strategist, is using his perch at Breitbart News to threaten primary challenges against sitting Republican senators perceived as unloyal to Trump. He wishes Bannon would use his influence to run a positive campaign to build support for GOP plans to rewrite tax code and overhaul Obamacare.

“I mean, people can do whatever they want,” Portman said. “But do I like it? No. I think it’s not team play. Here we are with 52 votes [in the Senate], trying to get tax reform done with only a two-vote margin. Health care reform, you saw, two-vote margin. It’s hard enough as it is. … I think instead of having a circular firing squad, we have got to be focused on how to get things done.”

A spokesperson for Bannon did not respond to a request for comment.

All of these — the tweets, the sniping at McConnell, Bannon’s intraparty warfare — are things Portman sees as distractions from crafting and talking policy. And Portman really likes to craft and talk policy.

He gives the White House a pass, for example, on its slow implementation of recommendations from an opioid task force. Instead, he expresses frustration that his colleagues in Congress are not moving fast enough to pass legislation that would address the crisis. Portman also hopes the Trump administration will support his bill to restrict websites that promote sex trafficking with what he calls “a ruthless kind of efficiency.”

Portman “met with a victim two weeks ago in Ohio … who started being trafficked at 9 years old. Her dad would take her to Super Bowls and traffick her online. She told me she was sold as many as 20 times in a day. … So, I’m the author or co-author, I think, of four or five trafficking bills that I’m proud of, but frankly none of them are making as big of a difference as this would make. Because if we could shut down these online websites that facilitate sex trafficking knowingly — knowingly; I’m not talking about inadvertently — it would make a huge difference.”

While Portman is diplomatic when discussing his relationship with Trump, he is not reverential. After the white supremacist demonstrations and violence in Charlottesville, Virginia, last month, Portman issued a rebuke of the president (if a relatively mild one) after Trump offered a “both sides” response that seemed to put the racists on the same moral plane as those who came to protest the racists.

“When I disagree with him on something, I make it clear,” Portman said. “I’m very comfortable in that role. In some ways, it’s easier, you know? Because with George Bush, I really felt such … loyalty to him — obviously I worked for him later, but even before I worked for him.”

It wasn’t all that long ago that Portman, given his extensive government experience and battleground state pedigree, was viewed as a future vice president, or even a future president. But now, after winning re-election by a margin much larger than Trump’s over Hillary Clinton in Ohio, he said he sees himself more as a lawmaker who can swing bipartisan deals in the Senate. “I’m not here to give speeches and write red meat columns,” he said.

So can he see himself ever running for president? “No. No,” Portman replied, repeating himself. “I don’t think so. I feel like my role is here in legislating, trying to get things done.”

Does it bother Portman, then, that Trump’s antics on Twitter — and the constant questions from reporters who expect senators like Portman to defend or disavow them — often overshadow these initiatives?

“I don’t view it in personal terms like that, but I do view it in terms of policy,” Portman replied. “In other words: When we’re distracted by the shiny object over here, which is the latest tweet that offends people, then we’re not making progress on the policy issues, because I’m not communicating that to my constituents. They aren’t understanding and hearing about it, because instead they’re hearing about something that is not, frankly, what I should be focused on as part of my job”

Portman then reached for a positive. “I can’t give you examples from the last 24 hours, because he’s been pretty good on his tweets, focused on the hurricane,” he said. “The hurricane has kind of centered the White House and centered him more. But some of the stuff is just not helpful, including attacking McConnell and things like that.”

It was a minute or two later when Portman picked up his cell phone to demonstrate how he monitors Trump’s tweets and read aloud the most recent: “Fascinating to watch people writing books and major articles about me and yet they know nothing about me & have zero access. #FAKE NEWS!”

The tweet was widely interpreted as a blast of Katy Tur, the reporter whose book about covering Trump’s campaign had been released that day.



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Trump Administration Launches Broad New Anti-Leak Program

President Donald Trump with National Security Advisor H. R. McMaster in August.

Nicholas Kamm / AFP / Getty Images

The top US national security official has directed government departments and agencies to warn employees across the entire federal government next week about the dangers and consequences of leaking even unclassified information.

The Trump administration has already promised an aggressive crackdown on anyone who leaks classified information. The latest move is a dramatic step that could greatly expand what type of leaks are under scrutiny and who will be scrutinized.

In the memo about leaks that was subsequently obtained by BuzzFeed News, National Security Adviser H.R. McMaster details a request that “every Federal Government department and agency” hold a one-hour training next week on “unauthorized disclosures” — of classified and certain unclassified information.

The request includes “[s]uggested training materials” — provided by the National Counterintelligence and Security Center — that include the 15-minute C-SPAN video of Attorney General Jeff Sessions’ August news conference about leaks and a six-minute Fox News video of an interview with the National Counterintelligence and Security Center’s director, William Evanina.

White House and National Security Council officials did not respond to requests for comment on the memo on Wednesday.

Last month, Sessions said his department was pursuing a number of leak investigations, and that the FBI has created a unit to deal with leaks of classified information. “We will not allow rogue anonymous sources with security clearances to sell out our country any longer,” he said in the August press conference.

The memo, dated Sept. 8, signals a potentially dramatic expansion of the previous administration’s war on leaks. The Obama administration moves focused on alleged national security leaks and “insider threats” — an effort centered around the intelligence agencies under an October 2011 executive order from President Obama. Those investigations — and in some cases, prosecutions — were widely criticized, particularly in the media.

McMaster’s memo is directed to a much larger group, including virtually every senior official in the federal government — from the vice president and cabinet heads to the chairman of the Joint Chiefs of Staff to the director of the Peace Corps. Perhaps more importantly, the memo asserts that “unauthorized disclosure” of both classified and “controlled unclassified” information “causes harm to our Nation and shakes the confidence of the American people.”

The McMaster memorandum itself likely would be seen as a type of such a “controlled unclassified” document, as it is marked: “UNCLASSIFIED//FOUO [For Official Use Only].”

The first year of the Trump administration has been characterized by leaks at all levels, a source of considerable public criticism from the president himself. Axios reported Sept. 10 that Sessions has suggested employing lie detector tests in at least one leak investigation.

In the memo, McMaster requests that every government department and agency “dedicate a 1-hour, organization-wide event to engage their workforce in a discussion on the importance of protecting classified and uncontrolled unclassified information.” Although issued as a request, the memo later notes, “In order to ensure a consistent and strong message is given to the entire federal workforce, such training should occur the week of September 18-22, 2017.”

Planning is taking place to hold the trainings, one department confirmed Wednesday. Although a date has not yet been set, Education Department press secretary Liz Hill told BuzzFeed News, “The Department has received the White House Memorandum dated September 8 from General McMaster, and it intends to comply.”

While highlighting concerns regarding unauthorized disclosures of classified information, McMaster also writes regarding the trainings that “it is equally important to discuss the importance of protecting controlled unclassified and personally identifiable information from unauthorized public disclosure.”

In addition to the videos, which would constitute about one-third of the training time, the training draft schedule from the National Counterintelligence and Security Center includes discussion from “Department/Agency leads” on the differences between espionage, “unauthorized disclosures (of classified information),” “leaks (to the media),” hackers and whistleblowing. There also is to be a discussion of “[d]amage to national security, to the organization, to the American public,” “[p]enalties for unauthorized classified disclosures,” and “[a] specific case, if possible in this particular D[epartment]/A[gency].”

The full text of the memo:

Memorandum for the Vice President

The Secretary of State

The Secretary of the Treasury

The Secretary of Defense

The Attorney General

The Secretary of the Interior

The Secretary of Agriculture

The Secretary of Commerce

The Secretary of Labor

The Secretary of Health and Human Services

The Secretary of Housing and Urban Development

The Secretary of Transportation

The Secretary of Energy

The Secretary of Education

The Secretary of Veterans Affairs

The Secretary of Homeland Security

Administrator of the Environmental Protection Agency

Director of the Office of Management and Budget

United States Trade Representative

Representative of the United States of America to the United Nations

Chair of the Council of Economic Advisers

Administrator of the Small Business Administration

Assistant to the President and National Security Advisor

Director of National Intelligence

Assistant to the President for Science and Technology and Director of the Office of Science and Technology Policy

Assistant to the President for Economic Policy and Director of the National Economic Council

Assistant to the President for Homeland Security and Counterterrorism

Director of the National Drug Control Policy

Chair of the Council on Environmental Quality

Director of the National Counterrorism Center

Director of the Federal Bureau of Investigation

Chairman of the Board of Governors of the Federal Reserve System

President of the Export-Import Bank of the United States

Director of the Central Intelligence Agency

Administrator of the United States Agency for International Development

Chairman of the Joint Chiefs of Staff

Administrator of General Services

Administrator of the National Aeronautics and Space Administration

Director of the Office of Personnel Management

Administrator of the Federal Aviation Administration

Chair of the Nuclear Regulatory Commission

Director of the Peace Corps

Chief Executive Officer, Millennium Challenge Corporation

Director, White House Military Office

Director of the National Security Agency

Director of the Defense Intelligence Agency

Director of the Selective Service System

President of the Overseas Private Investment Corporation

Chair of the Federal Communications Commission

Executive Director of the President’s Intelligence Advisory Board

Director of the National Science Foundation

Administrator of Drug Enforcement

National Geospatial-Intelligence Agency

SUBJECT: Request for Provision of Training on Unauthorized Disclosures

The unauthorized disclosure of classified information or controlled unclassified United States Government information causes harm to our Nation and shakes the confidence of the American people. In this era of unprecedented unauthorized disclosures, it is important to take time to review with your workforce their roles and responsibilities in safeguarding United States Government information.

In light of the recent press conference by the Attorney General and the Director of National Intelligence regarding unauthorized disclosures, I am requesting that every Federal Government department and agency dedicate a 1-hour, organization-wide event to engage their workforce in a discussion on the importance of protecting classified and controlled unclassified information, and measures to prevent and detect unauthorized disclosures.

For those with access to classified information, a review of the non-disclosure agreement reminds us of the responsibilities that come with access to, and penalties for unauthorized disclosure of, classified information. However, it is equally important to discuss the importance of protecting controlled unclassified and personally identifiable information from unauthorized public disclosure.

Although there are policies and guidance already in place to prevent unauthorized disclosures, it will be time well spent to shine a spotlight on the importance of this issue, and engage the workforce in conversation about what it means to be a steward of United States Government information. It is particularly important to stress the sharp difference between unauthorized disclosures of information and whistleblowing — the responsibility of all federal employees to report waste, fraud and abuse through proper channels.

There are many resources available to frame this 1-hour event, including a review of policies, guidance, videos, and training materials, and perhaps most important, an open discussion to answer questions and raise issues to ensure that our safeguarding measures are understood and effective.

Suggested training materials are attached. In order to ensure a consistent and strong message is given to the entire federal workforce, such training should occur the week of September 18-22, 2017.

H.R. McMaster

Lieutenant General, United States Army

Assistant to the President for National Security Affairs

Molly Hensley-Clancy contributed reporting.



Source BuzzFeed - Politics http://ift.tt/2f6M6h6

Wednesday, September 13, 2017

Trump’s Personal Lawyer To Meet With Senate Next Week

Stephanie Keith / Reuters

President Donald Trump’s personal attorney and confidant, Michael Cohen, is scheduled to speak next week with investigators from the Senate Intelligence Committee in a closed-door meeting.

Cohen has been subpoenaed by lawmakers investigating Russia’s attempts to influence the 2016 presidential election and possible collusion with the Trump campaign. He is expected to speak with investigators on Sept. 19. That hearing will not be open to the public.

Cohen, 51, emerged as an important figure in the investigation after he was named in a 35-page dossier alleging Russia and the campaign worked together to help get Trump elected. That document was researched and written by a former British spy and published by BuzzFeed News in January after top law enforcement officials had briefed President Barack Obama and Trump, who was then president-elect, about it. The dossier asserted that Cohen visited Prague to meet with Kremlin officials and was an important player in the “ongoing secret liaison relationship” between Russia and the campaign.

Cohen called these claims “profoundly wrong” in a letter sent last month to lawmakers. His passport, which he showed to BuzzFeed News, had no stamps from the Czech Republic. He later told lawmakers that was his only passport.

Cohen urged congressional investigators to “discern and publicly disclose” those who paid for the dossier, and that he has no documents tying him to any of the allegations.

Reached late Tuesday by BuzzFeed News, Cohen declined to comment.

The Trump Organization has turned over documents to congressional investigators, including an email in which Cohen asked a spokesperson for President Vladimir Putin for help advancing a Trump business project. In another email, a business associate boasted to Cohen that he would help get Trump elected and that he could get “all of Putin’s team to buy in on this.”

Cohen has agreed to testify before the House Intelligence Committee as well, and has offered up several dates. So far, no date has been set, and the committee continues to suffer partisan infighting.



Source BuzzFeed - Politics http://ift.tt/2wZD7CS