Tuesday, December 5, 2017

Donald Trump's Allies Are Going To Run Ads For His Biggest Republican Critics

Sens. John McCain (left) and Jeff Flake.

Alex Wong / Getty Images

A nonprofit advocacy group loyal to Donald Trump is spending money to praise two of the president’s most prominent Republican adversaries: Jeff Flake and John McCain.

America First Policies will air TV ads to thank the two Arizona senators, and Maine Sen. Susan Collins, for supporting the tax overhaul bill that cleared the Senate last week.

The legislation is a key agenda item for the White House and GOP-controlled Congress. Full approval by the end of the year would give Trump his first major legislative win.

"We wanted to thank Senators McCain, Flake, and Collins for putting politics aside and doing the right thing for the people of Arizona and Maine — and the country,” America First President Brian O. Walsh said. "Their vote for the Tax Cuts & Jobs Act will pave the way for the largest tax cut in decades."

A spokesperson told BuzzFeed News that America First will spend roughly $500,000 on the ad campaign.

The move is a surprise olive branch from Trump's allies. Flake has been highly critical of Trump’s politics and demeanor and announced in October that he would not seek reelection next year. (On Tuesday, though, he talked trade with Trump during lunch at the White House.)

“The notion that one should stay silent as the norms and values that keep America strong are undermined and as the alliances and agreements that ensure the stability of the entire world are routinely threatened by the level of thought that goes into 140 characters — the notion that one should say and do nothing in the face of such mercurial behavior is a historic and, I believe, profoundly misguided,” Flake said from the Senate floor when announcing his retirement.

Polls had shown Flake facing a tough race if he chose to seek another term. Trump and his former White House strategist, Steve Bannon, had made supportive overtures to other Republicans interested in a primary challenge.

McCain also has been an object of Trump’s ire. In September, his "no" vote helped sink a Trump-backed measure to overhaul Obamacare. And during last year's presidential campaign, Trump diminished McCain's Vietnam War heroics, saying he liked "people who weren't captured.

Like Flake and McCain, Collins is one of her party’s more independent-minded senators. But she also recently announced she would not run for governor of Maine next year and is up for reelection in 2020 in a state where Trump hasn't done poorly.



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The RNC’s Silent Decision To Back Roy Moore Again — And How It Upset Everyone

Roy Moore campaigns last month.

Joe Buglewicz / Getty Images

The Republican National Committee’s renewed support for Roy Moore comes with a peculiar caveat: No one at the RNC is actually defending the decision publicly.

The news broke late Monday, via Breitbart, the far-right website that never wavered in its support for Moore, even after accusations that the Alabama Senate candidate dated teenage girls as an adult and made sexual advances on a minor. Moore denies the allegations.

RNC officials subsequently confirmed the move to BuzzFeed News and others on the condition that they not be identified in the stories. On Wednesday — as the national party took a beating for the decision — including from many fellow Republicans, the RNC remained silent. Several RNC committee members acknowledged frustrations but would not speak on the record. Senior party leaders punted questions to spokespersons who declined to comment.

“Oh man,” said a source close to the RNC. “It’s embarrassing.”

The silence, several GOP sources speculated, is reflective of tensions between the RNC and the White House, and of staffers uncomfortable attaching their names to a man accused of improper behavior with teens. Chairwoman Ronna Romney McDaniel cut off Moore from the party’s fundraising and field operations last month. She did so after consulting with President Donald Trump and after the National Republican Senatorial Committee dumped Moore. But Trump offered an unequivocal endorsement of Moore on Monday. The RNC, which acts as the political arm of the White House, is essentially following Trump’s lead.

"I think it's further proof that Trump is remaking the party in his own image,” one Senate staffer told BuzzFeed News. “Which is exactly what I predicted would happen when he got elected. Elected Republicans in Congress have little (if any) leverage over him and principled conservatives have very little (if any) left of the party we once belonged to.”

A former RNC official called the decision “disappointing, frustrating, and gutless.”

“My immediate reaction was, are you kidding me?” the former official said. “I just think it makes them look foolish and indecisive. I think it’s ridiculous. It’s just bad for credibility. It’s a bad move. You have to make decisions and stick with them. The fact is, nothing has changed. If there had been a development that exonerates Moore, that’d be one thing, but there hasn’t been.”

The first on-the-record acknowledgement of the RNC’s involvement came Tuesday afternoon, in a statement emailed on behalf of Alabama Republican Party Chairwoman Terry Lathan: "The chairwoman of the Republican National Committee, Ronna McDaniel, has contacted us and confirmed that the RNC is transferring funds to the Alabama Republican Party for the Roy Moore campaign for the December 12 US Senate election. We are grateful for the RNC's partnership with the ALGOP in this race.”

Some Republicans see the overall decision as a frank admission of reality: Moore’s poll numbers have rebounded, and he seems likely to win the Dec. 12 special election against Democrat Doug Jones. Republicans who have spent the past weeks attacking him would have to deal with him in their ranks, like it or not. On Sunday, Senate Majority Leader Mitch McConnell, who initially called on Moore to step aside and threatened expulsion hearings should he win and be seated, took a milder approach, acknowledging that the decision was in the hands of voters.

"It's Moore's race to lose,” Alabama Sen. Richard Shelby, a Republican who does not support Moore, told reporters Tuesday at the Capitol. ”I've always thought he would win the race.”

As for Trump, “the president's interested in keeping 52 votes up here,” Shelby said. “I'd like to, too. But a lot of us have different views on it, you know."

Colorado Sen. Cory Gardner, who chairs the National Republican Senatorial Committee, said Tuesday that the organization has no plans to follow the RNC’s lead and resume support for Moore. Chris Pack, a spokesperson for the McConnell-aligned Senate Leadership Fund, told BuzzFeed News that operatives there would follow the NRSC’s lead in Alabama.

Among other issues, Washington Republicans also worry about the political toll a Moore victory could take on GOP lawmakers up for reelection next year. “Fast forward 8 to 10 months when every House and Senate Republican accepting help from the RNC will have to answer questions from their opponent on why they’re taking funding from the organization that carried Roy Moore over the finish line in Alabama,” said Jeff Sadosky, a Republican strategist who has worked with Ohio Sen. Rob Portman.

An Alabama Republican on Capitol Hill agreed: "Every Senate Republican up [in the 2018 midterms] is going to get attacked with ads featuring Roy Moore in a cowboy hat waving a gun. The RNC just made it that much harder for Senators to distance themselves from him."

Others wondered about the hypocrisy in the RNC reinvesting in Moore shortly after pushing Democrats to return donations from movie mogul Harvey Weinstein, whom many women have recently accused of sexual assault or harassment. But Tim Miller, a former RNC spokesperson who was involved in anti-Trump efforts during last year’s election, noted that Trump faced accusations of repeated sexual misconduct and nonetheless enjoyed the RNC’s support.

“They made their bed with Trump,” Miller said. “Now they have to lie in it.”



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Supreme Court Allows Trump's Third Try At A Travel Ban To Go Into Effect

Chris Geidner/BuzzFeed

The Supreme Court on Monday issued an order allowing President Trump's third travel ban to fully go into effect for now.

The court's move puts two lower court rulings on hold that had halted parts of the September travel ban proclamation from taking effect. It means the Trump administration can fully implement the travel ban order — which includes Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen — while the appeals of those lower court rulings are heard later this week.

The justices noted, however, that "we expect that the Court of Appeals will render its decision with appropriate dispatch" — suggesting a desire for the appeals courts to move quickly.

Justices Ruth Bader Ginsburg and Sonia Sotomayor noted that they would have denied the Justice Department's requests.

The September proclamation followed two earlier executive orders by Trump to put a travel ban in place. Both — the first was signed in January and the second in March — faced significant opposition from the courts, leading to a review over the summer that the Trump administration asserts is the basis for the September proclamation.

Trump signed the administration's third attempt at a travel ban on Sept. 24. It imposed broad travel restrictions on five majority-Muslim countries that had been included under previous travel ban executive orders — Iran, Libya, Somalia, Syria and Yemen — as well as three new countries, Chad, Venezuela and North Korea. The restrictions on Venezuela were limited to certain government officials and their families. Unlike Trump's earlier orders, the September proclamation date has no expiration date; Trump has the power to decide whether to lift or add restrictions.

Neither North Korea nor Venezuela had been included in the lower court injunctions putting the proclamation on hold, so those bans already had been in effect before Monday's order.

Zoe Tillman contributed to this report.



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Monday, December 4, 2017

Trump Just Endorsed A Senate Candidate Accused Of Child Molestation

Joe Buglewicz / Getty Images

President Trump, who has been accused of sexual misconduct by more than a dozen women, has endorsed Judge Roy Moore, who has been accused of sexual misconduct with teenagers, in the Alabama race for US Senate.

After weeks of less than full-throated support, Trump endorsed Judge Roy Moore on Monday, according to Principal Deputy Press Secretary Raj Shah. The support was announced following a "positive call" between the president and Moore, Shah said.

Trump had tweeted Monday morning that Republicans "need" Moore to win, in order to get his vote on issues including the border wall, military, and abortion.

Judge Moore tweeted Monday afternoon about the call, saying that the president had said he "needs a fighter to help in the US Senate."

Following allegations of sexual misconduct against the judge, including an instance in which a woman said he undressed and touched her inappropriately when she was 14 years old, the president had previously defended Moore from criticism, citing his denials.

"He says it didn’t happen,” the president had told reporters. “You have to listen to him, also.”

But Trump had stopped short of endorsing the candidate until Monday.

Senate Majority Leader Mitch McConnell of Kentucky, Speaker of the House Paul Ryan of Wisconsin, and many other top Republicans have previously said they believe the women who have accused Moore of misconduct and called on him to drop out of the race.

The special election is slated for December 12.



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Sunday, December 3, 2017

Terry McAuliffe's Dead-Serious Advice For Democrats: Have Fun!

There’s a joke about Terry McAuliffe. He made it up himself.

“Lot of history here,” he’ll tell guests at the Virginia Executive Mansion. “Our first governor, Patrick Henry. Our second governor, Thomas Jefferson. And now” — he pauses, and by this point he’s already smiling — “TERRY MCAULIFFE! Is this not a great country we live in?!”

Somehow, you don’t need to know everything about the Virginia governor, or his life in politics, to understand the unlikely comedy of his name on a list with an American revolutionary and a Founding Father. But if there is something improbable, even innately funny, about McAuliffe in statewide elected office, the governor doesn’t just know it — he’s laughing along. He’s in on the joke. “Mika! Mika! Mika!” he yells to Mika Brzezinski at the end of a hit on Morning Joe. “I want to say one thing to Mika. Think of this tonight when you go to bed, Mika! Our first governor, Patrick Henry…” And just like that, before 9 a.m., he’s cracking himself up on live TV.

For a long time, there was one story about Terry McAuliffe, and it went something like this: record-breaking fundraiser, Bill Clinton’s best friend, fixture of Washington, wealthy by way of business by way of politics (screw optics!), an all-out all-the-time Democratic Party chairman who never napped, hardly slept, always had fun. It started, perhaps, in Syracuse, N.Y., at age six, when he worked his first fundraiser for his father. (“Terry,” he told his son, “if they don’t give you the money, they don’t get in the door!”) Or maybe it was in 1980s Washington, where he said he made as many as 100 calls a day, many on a clunky cell phone, driving through the city in his windowless, open-air Jeep. By the end of the Clinton administration, he was known as a man who could charm any donor and would do anything for a check. (See: wrestling an alligator for $15,000 from the Florida Seminole tribe.) (Also see: selling Clinton inaugural memorabilia on QVC.) His nickname, “the Macker,” became a kind of onomatopoeic shorthand for the fundraiser and political operative he embodied: a backslapper, a glad-hander, a man who loved the game and didn’t pretend otherwise; who got along with people like Bill Clinton because “to us,” he once said, “the glass isn’t half-full, it’s overflowing”; and who named his memoir, of all things, What A Party! — “because the bottom line is that you gotta have fun in life!”

In 2017, at age 60, Terry McAuliffe is “his excellency, the 72nd governor of the Commonwealth of Virginia.” He is a leader in the party, Governing magazine’s Public Official of the Year, popular in his state. He will leave office in fewer than 50 days as a possible presidential candidate. He is seen as both the most progressive governor in Virginia history and the best in economic development, racking up a record-breaking $18.7 billion in new capital. This summer in Charlottesville, he found himself at the center of a national inflection point, when he told white supremacist and neo-Nazi protesters what President Donald Trump would not. (“There is no place for you here. There is no place for you in America.”) He has surrounded himself with a team of political operatives and informal advisers, including top aides from Hillary Clinton’s presidential campaign. And last month, voters in Virginia elected his hand-picked successor, Lt. Gov. Ralph Northam, a candidate who once said that when “people ask me if I am going to continue what Terry McAuliffe has been doing,” his answer is nothing less than this: “Damn right, I am!”

There are obvious differences between McAuliffe’s last four years and the previous 40. He’s got all the trappings of high office now (the title, the black car, the helicopter). His accent, an indefinable Syracuse-southern-folk drawl, is perhaps more Virginian than before: final Rs and Gs are dropped (it’s “hurtin’,” never “hurting”), long Is and short As are drawn-out into new vowels (“ecaahnomy,” not “economy”). And day to day, the requirements of the job itself mark a significant shift for McAuliffe: Before the Charlottesville press conference, his most well-known TV appearance would have been on Morning Joe, in June 2008, when he celebrated Hillary Clinton’s primary win in Puerto Rico by wearing a Hawaiian shirt and hoisting a handle of Bacardi on air.

But in more moments than not, today’s governor looks and sounds just like the Macker.

The fundraiser who said he’d “stop at nothing to try to get a check from you” now spends his time courting business to the state with the same vigor. The chairman who led the party as its “chief cheerleader” now heads one long continuous pep rally for Virginia. The entrepreneur who started an estimated 30 companies — maybe simply because of an impulse to, as he once said, “have 25 balls in the air at the same time” — is still trailed by headlines about his business dealings.

"People want to be with winners. They don’t want to be with whiners."

And the man who described his “bottom line” as “you gotta have fun” leads the state with the same management style. To McAuliffe, it’s not just “fun.” It’s a philosophy for governing.

“You want to move people with you? You’ve got to have fun doing it,” McAuliffe says in an interview, seated on the back patio of the Executive Mansion. “People want to be with winners. They don’t want to be with whiners. Too many lemon-suckers in this business!”

The approach, to the surprise of many who would have never predicted McAuliffe in statewide office, has translated to a distinct economic message and legislative wins in a state that is trending liberal but still controlled by a Republican assembly. Yet it also makes him, then and now, an embodiment of the very thing many progressives have rejected over the last few years: an establishment insider; a creature of Washington; a pro-business, corporate dealmaker; a Democrat known perhaps best of all as a loyal Clintonite, all at a time when Bill Clinton’s legacy is under new scrutiny and Hillary Clinton’s presidential campaign continues to divide the party.

But if you ask McAuliffe, he will tell you he’s found a “template” for the rest of the party. And if you ask the inner rungs of his rolodex — a loyal circle of friends, former aides, and donors now eyeing his future in a possible presidential race — they will return again and again to the same point: that the qualities that made him a great fundraiser are the same ones that have helped him find success as governor, and set him apart in substance and style.

To start, they say, he may be the only guy in Democratic politics still having any fun.

Courtesy LIFE Magazine

On a Saturday afternoon this summer, a small troop of volunteers assembles in the Washington suburb of McLean, Va., ready to canvass the neighborhood for Ralph Northam. Near the front of the living room, a supporter is running through instructions: “So when we're knocking on a door,” she tells the group, “I'll just quickly go through the script with you—”

All at once, the presentation comes to a halt, get-out-the-vote scripts are put aside, and the living room's collective center of gravity shifts as Terry McAuliffe lets himself in through the front door and pops into view, his voice booming. “Hey! HEY! Hello, everybody! How you all doing today! Good crowd! How are you! Great to see you again! How ya been! How you doin' everybody! Fired up! Yeah! We got a whole crowd here!"

“People like me because I'm a man of the people," he once said, “a hustler.”

The next day, McAuliffe blasts into a small conference room, late for a bill signing. He circles the table for hellos. In the back, a woman turns to her friend: “He must have, like, five energy drinks a day.” Later that week, he joins tribe leaders at the Mattaponi Pow Wow in West Point, Va. After the official ceremony, intricately dressed performers move into the reservation circle, dancing in tight, coordinated movements. Suddenly, McAuliffe darts back into the circle, jogging in place, clapping to his own quick rhythm while the Mattaponi drums beat slowly behind him. “Alright," an aide says, chasing after him, "I guess we're going dancing again."

This is how the governor enters a room: in a whirlwind, tearing through it, jolting the people around him awake. This particular week was a normal one for McAuliffe: 51 events across Virginia, plus a quick trip to New York.

McAuliffe has always moved at a pace of "one thousand miles an hour," as he put it in 1998. “People like me because I'm a man of the people," he once said, “a hustler.” His approach is all-out to the point of extravagance. At the age of 14, he started his own driveway sealing business and built it into a small empire. (“I used to make my mother answer the phone, ‘McAuliffe’s Driveway Maintenance.’”) His classmates at Bishop Ludden Junior-Senior High School elected him president in 8th, 9th, 10th, and 11th grade. As a senior, McAuliffe mounted a bid for student body president. On the day candidates made their pitch, he and his friends borrowed two golf carts, stuck police lights on top, dressed up in trench coats and sunglasses like Secret Service agents, and, lights flashing, came flying into the Bishop Ludden auditorium to the sound of Hail to the Chief. “The place was going berserk,” says Duke Kinney, one of McAuliffe’s best friends since kindergarten. “Behind our school was this big hill called Hawk's Hill. And Terry finishes his speech with, 'If it takes a keg of beer on a Friday night up on Hawk's Hill to win this election, I'll sponsor the keg of beer!’” (“He won that in a landslide,” Kinney says.)

As a young fundraiser, he’d tell his deputies to “scorch the earth!” and “be animals!” He’d call donors every year on their birthdays. He’d send drugstore valentines every Feb. 14. When he started to work on his memoir, McAuliffe’s co-author, Steve Kettman, ended up moving into the family’s guest house for weeks at a time just to keep up with the pace. (“He didn’t slept for like a year,” McAuliffe says of Kettman. “He hated it! But he had fun!”)

Staffers who have served as McAuliffe’s body man, trailing him each day from early morning to late evening, can’t recall him ever taking a nap. More often than not, they say, on long car rides or flights back to Washington, they’d be the ones asleep. “We had a game where he would find my seat, write a card that said, ‘You're an embarrassment,’ put that in my lap, and then take a picture of it and send it to the entire DNC,” says Justin Paschal, his former body man and longtime close aide.

“Few people work harder than me,” McAuliffe says now. “I will out-work you.”

The job of governor, as he sees it, is a “perfect” fit for his personality, work ethic, and affinity for executive roles. “I'm happy doing whatever I'm doing. I really am.” But governor — "it's the perfect job for me. Most people will say, 'This is the perfect job for Terry.'" He couldn’t be a U.S. senator or a member of Congress, he says. “I could never do it. It’s just not who I am. I know who I am. I don’t mean it negatively. It’s just I like executive roles."

But governor — "it's the perfect job for me. Most people will say, 'This is the perfect job for Terry.'"

The approach has helped him rack up some high-profile achievements, which he will list for you in rapid succession: a long battle to restore voting rights for 206,000 felons; a four-year campaign to court $20 billion in new capital; a series of investments in education, childhood hunger, and cybersecurity. At the canvass kick-off in McLean, he quickly launches into a speech about his tenure, punctuating every other point with his own system of exclamations: “Folks!” he says. “Truly historic!” “Truly, truly extraordinary!"

"You know the numbers!" he says.

You will hear dozens of them in a Terry McAuliffe stump speech, which is not so much a speech as a list of personal benchmarks, curated by the governor and his staff: stats, achievements, and special designations that might apply to McAuliffe ("most traveled governor in America!"), his administration ("most vetoes" in state history, and not one overridden by Republicans!), and his policy efforts (more voting rights restored than under "any administration in the history of the United States of America, folks!"). McAuliffe seeks out these distinctions, asking his staff to research and vet and verify each one. “Before I’m allowed to say it, these guys have to fact-check it,” McAuliffe says. If he is the first governor to visit some far-flung part of the state, aides clip and save the coverage in the local papers. “Eighty, 90, 100 events now,” McAuliffe says. “We enjoy it… We love it!”

No distinction is too small. This is “Gov. Superlative,” says Brian Coy, a longtime aide.

McAuliffe holds his notes before delivering at the First Baptist Church in Charlottesville after the white supremacist march and subsequent violence in August.

Win Mcnamee / Getty Images

McAuliffe gets worked up about nearly every aspect of the job. Routine bill signings are "great!" — "really great!" Speeches (he gives about six to eight a day) always get “a little flavor.” Every vetoed Republican bill is a mark in the W column. "They can't beat me on the vetoes!” he says. "We had one of my favorite Democratic senators, a new one — the [Republican] leader went to him and said, Please give me one vote. I just want to beat the guy once.” Even McAuliffe’s failures are “spectacular” — namely, his five attempts to push Medicaid expansion through a Republican legislature. He’s made a habit out of mentioning the defeat. “The one thing I’ve tried — and I apologize, I’ve been a spectacular failure at it — is getting Medicaid expansion done,” he tells the crowd in McLean. “It hasn’t been for want of tryin’.” His point, he explains later, is that “I work my heart out. People fail in life, you know? And admit it! But you tried.” (McAuliffe plans to make a sixth attempt in his final budget as governor, hoping that last month’s sweep of down-ballot Democratic wins may convince GOP lawmakers to bend.)

For Republicans like Emmett Hanger, a 69-year-old who has served for more than three decades in the General Assembly, the governor’s style is “always out there,” he says after a pause. “He tends to be just borderline flamboyant. But, yeah... he’s fun to work with.”

This is perhaps most true when McAuliffe is entertaining at the Executive Mansion, a blonde brick Federal-style building that sits atop a sweep of lawn in downtown Richmond. It’s not unusual for the governor and his wife to host two receptions in one night. He will happily give you a tour of the house, bounding up the stairs — two steps at a time — to show off this painting or that architectural feature. On the first floor, the bar has become a permanent fixture, lined with gleaming bottles of vodka, rum, gin, whiskey, and liqueur. A kegerator sits in the back corner. The handle is engraved with his name. Music fills the room via Pandora stations like “Jimmy Buffett Radio” and “Happy Hipster Holiday.”

On this particular night, the day after his McLean visit, McAuliffe gives a typical welcome to a delegation visiting from out of state: “I'm the only governor to install his own kegerator over here,” he tells them. “Take advantage! We've got Stone IPA in there! I just opened our 199th craft brewery! Three hundred wineries now here in Virginia, believe it or not! We just moved into fifth place: California, Oregon, Washington, New York. I don't count New York — they use their grapes for jam. We don't do that," he says, and the room laughs along. “We're movin' to number one! Forty-six distilleries! Eight varieties of oysters! Virginia's for lovers! You get it!"

“Alright," he finally yells.

"Crank up the music now!”

McAuliffe cheers as Hillary Clinton takes the stage at the DNC in 2016.

Brendan Smialowski / AFP / Getty Images



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Saturday, December 2, 2017

The Justice Department Goes To The Supreme Court To Keep DACA Documents Secret

Chris Geidner/BuzzFeed

The Justice Department filed two requests at the Supreme Court late Friday, asking the justices to stop a lower court ruling that ordered the federal government to provide documents regarding the decision to rescind Deferred Action for Childhood Arrivals (DACA).

The Trump administration is challenging lower court orders that it says force the Trump administration to turn over "deliberative and other privileged materials, including White House documents covered by executive privilege."

This is a developing news story. Please check back at BuzzFeed News for the latest.



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Trump Wants The Mueller Investigation Over By New Year's. It Won't Be.

Jonathan Ernst / Reuters

Former national security adviser Michael Flynn pleaded guilty on Friday to making false statements, but his sentencing is being delayed while he cooperates — a sign that the special counsel probe won't be over by the end of the year, contrary to President Donald Trump's reported predictions.

Flynn pleaded guilty to one count of making false statements to the FBI in January. As part of the plea deal Flynn reached with special counsel Robert Mueller's office, Flynn agreed to cooperate with the government, with the understanding that if he's helpful, prosecutors will ask the judge to consider a reduced sentence.

Flynn agreed to delay his sentencing until his cooperation is complete. When asked by the judge on Friday how much time the government wanted before they filed an update with the court, the special counsel prosecutor suggested three months — which would go into March 2018. The judge, however, set a due date of Feb. 1 for a status report.

The 2018 date undermines assertions by both Trump and White House lawyer Ty Cobb in recent weeks that Mueller's probe would finish and Trump would be exonerated by the end of the 2017 or, per Cobb, by the end of the year or soon after, as reported by The Washington Post. It's not even guaranteed that Flynn's cooperation will end by Feb. 1 — that's just the date when prosecutors have to update the court. The government could then ask for more time.

Cobb said in a statement on Friday that, "The conclusion of this phase of the Special Counsel's work demonstrates again that the Special Counsel is moving with all deliberate speed and clears the way for a prompt and reasonable conclusion.”

The White House this fall has downplayed the anticipated duration of the special counsel's work. When the first round of charges stemming from Mueller's office were announced in late October — against former Trump campaign chair Paul Manafort, Manafort's longtime associate Rick Gates, and former campaign adviser George Papadopoulos — White House Press Secretary Sarah Huckabee Sanders told reporters that they expected the probe to "conclude soon."

But at that point there were indications that the investigation was far from over. At a sealed plea hearing for Papadopoulos on Oct. 5 — he pleaded guilty to one count of making false statements — special counsel prosecutor Aaron Zelinsky described the investigation as "large-scale" and said that Papadopoulos' case was "a small part," according to a transcript.

A sentencing date hasn't been set yet for Papadopoulos. Zelinsky said at the Oct. 5 hearing that Papadopoulos was cooperating with the investigation, and his plea deal, like Flynn's, includes a section stating that his sentencing may be delayed while he's working with Mueller's team. The lawyers are scheduled to check in with the court by phone on Jan. 22.

Flynn agreed to "cooperate fully, truthfully, completely, and forthrightly" with Mueller's office and other law enforcement authorities on "any and all matters" that the special counsel's office considers relevant. His cooperation could include interviews, giving written statements, taking a polygraph exam, and participating in undercover law enforcement activities, according to the plea agreement.

He's required to turn over evidence of any crimes that he's aware of, and to testify before grand juries or at trial if the special counsel's office believes he has relevant testimony.

Mark Lee, a white collar defense lawyer and former federal prosecutor, said that with a cooperator as high up in the chain as Flynn, Mueller's team will be taking the time to make sure they've learned all they can from him, as well as to consult with him on any information they're getting from interviews with other individuals and other evidence.

"You are going to have to do all of your diligence to make sure you're checking what Mr. Flynn knew against what other witnesses told you, the other information, and objective evidence," Lee said. "It could be a lengthy process."



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John Conyers’ Nephew: If The Congressman Resigns Or Retires, I Will Run

Jonathan Ernst / Reuters

As Michigan Rep. John Conyers Jr. has resisted calls from within the Democratic Party to resign over allegations of sexual harassment, some people close to his grandnephew, Michigan Sen. Ian Conyers, have been asking a different question: When is the time for the 29-year-old to seriously consider running if there is a special election?

Apparently that time is now.

Reached by BuzzFeed News, Ian Conyers said he was focused on his re-election campaign for state Senate, but had given serious thought to running for his great uncle’s seat.

Ian Conyers

“If he resigns or retires, I will run for the seat,” he said. "The work of representing the working families must continue.”

The news comes amid increased uncertainty over what the elder Conyers, who is 88, will do following allegations, first reported by BuzzFeed News, that he sexually harassed women in his orbit, including an accuser, Marion Brown, who said in a televised interview that Conyers had "violated my body." Conyers has denied any allegation of sexual harassment, though he did confirm that he had reached a settlement with one woman, while denying the underlying allegations.

Conyers’ attorney on Friday struck a slightly less strident tone in discussing his client’s future than he has in previous days.

"We will discuss in the next day or so what Mr. Conyers plans to do," the attorney, Arnold Reed, said at a press conference Friday. “As you know his health is not the best, is not what it should be, he has undergone a second round of examinations. I will meet and confer with doctors and it will be Congressman John Conyers who will be the one to decide what it is he’s going to do.”

On Thursday, Ian Conyers hosted a kickoff reception for his re-election campaign in Detroit. A former Democratic Party treasurer for Michigan's 13th Congressional District, Conyers was a regional field director for Barack Obama’s 2012 campaign and is considered one of the rising stars in Michigan Democratic politics.

While it still may not be certain whether Conyers will resign or retire, colleagues have said that much of his fate lies with his constituents; the Congressional Black Caucus has said that choosing to retire is his decision to make, though some Democrats in Congress have said that he should resign.

“Nothing will happen to Conyers if his constituents have their way,” Joe DiSano, a Michigan-based Democratic strategist, told BuzzFeed News. “They love him. When Conyers becomes a burden to his colleagues is when he hits the bricks. Of course, more revelations about other members may make this seem tame by next week. This is just the first shot. Certainly, more to come.”



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Friday, December 1, 2017

The Secretive Office Of Compliance Doesn’t Have Good Answers For Why It’s So Secretive

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As Democratic and Republican leaders call on Democratic Rep. John Conyers to resign in the face of multiple allegations of sexual harassment, including one that led to a settlement, the office set up by Congress to handle sexual harassment and other workplace complaints says that it is barred by law from even acknowledging that settlement or where it came from.

Over the past two weeks, lawmakers and journalists have pressed for answers about the taxpayer-funded operations of the Office of Compliance (OOC), and why it is that so little information is publicly available about the public offices whose complaints it addresses.

Despite a week of emails back and forth between the office and BuzzFeed News, the OOC could not point to any provision explicitly barring the office from publishing an office-by-office breakdown of claims made on Capitol Hill. In fact, the OOC already publishes more information than it is required to by law in its annual report, and a spokesperson would not explain why they argue that same law prevents them from providing additional transparency that the OOC currently lacks.

Instead, the OOC takes the position that its secrecy — across the board — is required under law.

“The Congressional Accountability Act requires that the OOC maintain the confidentiality of contacts and claims filed with the office that do not result in a final decision,” OOC Outreach and Publications Manager Laura Cech told BuzzFeed News in an email. “The OOC cannot comment on whether matters have or have not been filed with the office.”

The OOC would not say whether the money in the Conyers settlement came out of a special fund established under law by the Treasury. “The OOC can’t confirm or deny the settlement you reported,” Cech wrote. The OOC also takes the position that it cannot, for the reason of confidentiality, publish an office-by-office breakdown of the settlements paid out with taxpayer money. Earlier Thursday, ABC News reported that close to $100,000 out of the fund went to settle sex harassment claims brought by two male former staffers of Eric Massa, a former member of the House who resigned in 2010. The OOC would not confirm the settlement information to ABC News.

In a report published each year, the OOC details some statistical information about claims brought to it, a requirement by law, though the amount of information the office includes has changed over time. The report provides no information about how many formal complaints are filed by employees of the House or Senate, and no information about what settlements are reached with employees of the House or Senate.

It is true that the CAA provides confidentiality for parts of the process. That first stage of initiating proceedings (a request for counseling) and the second step (mediation) “shall be strictly confidential,” per the law. Additionally, once a formal complaint has been filed, “all proceedings and deliberations” of hearing officers and appeals to the board are to be confidential. At the end of the process, apparently referenced by Cech, the law requires the board to make public certain types of "final decisions" of hearing officers or the board, but also allows the board to choose to make public any others.

It is not clear, however, where OOC draws the lines on its secrecy in instances that fall between initial proceedings and the final decisions, and whether there is any legal backing for it.

When asked, specifically, if OOC takes the position the law stops them from releasing office-by-office settlement information, Cech only pointed to the part of the CAA that describes what must be included in the annual report.

That section of the law says that OOC is required to:

“compile and publish statistics on the use of the Office by covered employees, including the number and type of contacts made with the Office, on the reason for such contacts, on the number of covered employees who initiated proceedings with the Office under this Act and the result of such proceedings, and on the number of covered employees who filed a complaint, the basis for the complaint, and the action taken on the complaint.”

The OOC, however, always has included more information than that in its annual reports — so it’s not clear how the office can say that the same requirements for what must be included in the report are also limitations on what can be included in the report.

For example, every year’s report includes the number of employees who initiate proceedings under the OOC broken by entity — detailing the number of employees of the House, Senate, Capitol Police, Architect of the Capitol, or other entities who did so each year. That specificity is not required by the law — and relates to information from a part of the process before a "final decision" is reached — but it has been included in all of the reports.

Further still, OOC Executive Director Susan Tsui Grundmann acknowledged earlier this month that OOC could release additional information beyond what is required by the statistics provision of the law. "Nothing in this subparagraph requires the Office to release award and settlement figures referenced in [fund provision] of the CAA," she wrote in a letter that nonetheless provided a list of the total number and amounts of awards and settlements disbursed each year since the CAA’s passage. Those settlement figures were included in five years of the annual reports, as well, although no settlement information was included in the two most recent annual reports produced by the OOC. Cech did not respond to a request for comment on why that was so.

It is not clear why OOC believes it has the authority to provide breakout numbers for House and Senate and the Capitol Police, for example, in its reports on the requests for counseling but chooses not to do so for the other stages of the process: mediation, formal complaint, settlement, or final decision. It’s also not clear why OOC does not provide a more specific breakout by congressional office for its reports.

Asked where OOC would point to in the law for the claim by Cech that office-by-office breakdowns "would violate the confidentiality required by the CAA,“ Cech only repeated the statement: “The Congressional Accountability Act requires that the OOC maintain the confidentiality of contacts and claims filed with the office that do not result in a final decision.”



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We Contacted Every Congressional Office To See If They’d Been The Subject Of A Workplace Complaint

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Almost daily allegations of sexual misconduct against high-profile journalists, celebrities, and public servants have shaken the nation since the New York Times reported sexual assault allegations against Harvey Weinstein.

Last week, BuzzFeed News reported on a settlement of sexual harassment allegations against Rep. John Conyers, the founder of the Congressional Black Caucus and the longest serving member of the House. The settlement between Conyers and his accuser — who has since identified herself as Marion Brown — also uncovered more about the activities of a secretive office that handles workplace complaints on Capitol Hill, the Office of Compliance. The office has kept information about the offices and lawmakers who’ve been accused of wrongdoing in the workplace from the public, despite using taxpayer funds for case settlements. Claims to the Office of Compliance can range from racial discrimination, workplace safety complaints, to sexual harassment.

This week, BuzzFeed News reached out to every congressional office and asked whether the office — to their knowledge — had been the subject of an OOC request or if they had settled a complaint with any former or current staff members.

More than half of the congressional offices didn’t respond to requests to see if their offices were involved in any OOC requests: specifically, 244 House offices didn’t respond for comment, and 49 Senate offices did not respond for comment.

More than a third of House offices said they hadn’t been the subject of an OOC request and they had never reached a settlement with an employee related to a request.

Offices for Reps. Raul Grijalva, Lucille Roybal Allard, Blake Farenthold, and Danny K. Davis have all had OOC requests, according to spokespeople, but none had reached settlements with employees.

Grijalva and Roybal Allard had claims filed against their offices but they were both dropped before settlements were reached, according to spokespeople.

Davis said he was the subject of an OOC investigation because of a trip to Azerbaijan reported by the Washington Post in 2013.

A spokesperson for Farenthold referenced an OOC investigation into the sexual harassment allegations from a former employee that was settled out of court in 2015.

Spokespeople for 51 Senate offices said that the offices had not been the subject of an OOC request and that they had not settled any claims with employees, including a spokesperson for Sen. Al Franken, who has been accused of sexual misconduct by six women as of Thursday.

In Washington, Molly Hensley-Clancy, Sarah Mimms, Paul McLeod, Alexis Levinson, Lissandra Villa Huerta, Kate Nocera, Tarini Parti, Emma Loop, and Chris Geidner contributed reporting; in New York, Talal Ansari and Matt Berman contributed reporting.



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