Saturday, December 23, 2017

Appeals Court Rules That Trump's Third Attempt At His Travel Ban Still Violates Federal Law

Chip Somodevilla / Getty Images

President Trump's third attempt at implementing his travel ban — issued via a September proclamation — again violates federal law, a panel of the US Court of Appeals for the 9th Circuit ruled on Friday.

The court ruled in a lengthy decision that "the Proclamation’s indefinite entry suspensions constitute nationality discrimination in the issuance of immigrant visas," a ruling the panel concluded shows the challengers had shown a likelihood that they would succeed in their lawsuit.

The court, which heard arguments earlier this month, narrowed the district court's prior injunction — which barred enforcement of the travel ban against six majority-Muslim nations — to people from those six nations with "a credible bona fide relationship with the United States."

The court, however, will keep Friday's order on hold pending the outcome of any Supreme Court review sought by the Justice Department.



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Thursday, December 21, 2017

Appeals Court Denies Trump Admin's Request To Delay Jan. 1 Trans Military Recruits Start Date

Saul Loeb / AFP / Getty Images

A federal appeals court won't stop a lower court's order that the military begin allowing transgender military recruits starting on Jan. 1, a decision announced in a brief ruling on Thursday.

The order from the US Court of Appeals for the 4th Circuit brings the question closer to the Supreme Court, where the Justice Department could now turn in a last-ditch effort to stop transgender people from being allowed to join the military if they meet certain conditions starting in the new year.

The case, Stone v. Trump, is one of several challenging President Trump's transgender military ban order, which itself came out of his July morning tweets announcing his position on the topic.

This issue making its way through the courts in a somewhat expedited basis currently is the specific question of transgender military recruits. The other parts of Trump's order — about retention of current service members who are transgender and about surgery coverage — also are enjoined currently, and that litigation will continue in the new year, but the accession question must be resolved because the start date for that, prior to Trump's ban, was to be Jan. 1.

The latest stage in this process began on Nov. 27, when US District Judge Colleen Kollar-Kotelly ruled that the Pentagon could not move the Jan. 1 deadline for allowing transgender recruits. On Dec. 11, the judge ruled against the Trump administration again — denying a request for a partial stay of her earlier order.

The Trump administration appealed to the US Court of Appeals for the DC Circuit.

At the same time, two other similar cases led to injunctions against Trump's ban — one in Maryland and another in the state of Washington. In both cases, the Trump administration has asked the district court judge to clarify their ruling to allow the Pentagon to move the Jan. 1 date or to issue a partial stay of that part of the injunctions. They also appealed both cases, to the US Courts of Appeals for the 4th Circuit and 9th Circuit, respectively.

Although the case has been pending before the DC Circuit, it was the 4th Circuit that issued the first appellate ruling on the subject, stating, without more explanation, that "the court denies the motion for administrative stay and partial stay pending appeal."

The order came two days after challengers to the ban submitted in court a Dec. 8 Defense Department memorandum laying out the department's policies for allowing transgender recruits — and the conditions they must meet — starting on Jan. 1.

Read the relevant court documents from all three cases:



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Inauguration Protesters Found Not Guilty On All Charges In Jury Trial

Police pursue demonstrators in Washington, DC, on Jan. 20, 2017.

AP / Mark Tenally

A jury on Thursday found all six defendants not guilty on all charges they were facing in connection with Inauguration Day protests in Washington, DC, multiple sources reported.

Police arrested 234 people on Jan. 20, charging them with rioting. A grand jury later returned an indictment that included charges for rioting and property destruction.

Over the following months, prosecutors dropped charges against 20 people, and reached plea deals with 20 others. Only one person, Dane Powell, has pleaded guilty to a felony charge; the rest admitted to misdemeanors. Powell is also the only person so far to receive a sentence of jail time — he was sentenced to four months.

The first trial — for Jennifer Armento, of Philadelphia; Michelle Macchio, of Asheville, N.C.; Oliver Harris, of Philadelphia; Brittne Lawson, of Aspinwall, Pa.; Christina Simmons, of Cockeysville, Md.; and Alexei Wood, of San Antonio, Texas — started in mid-November.

The jury began deliberating on Dec. 15. The six defendants faced seven charges: Five felony counts of property destruction, along with two misdemeanor counts of engaging in a riot and conspiracy to riot. The felony charges carry maximum penalties of 10 years in jail and a $25,000 fine. The misdemeanors have maximum penalties of 180 days in jail and a $1,000 fine.

The defendants initially faced an additional felony charge for inciting a riot, but Judge Lynn Leibovitz dismissed that count at the end of the trial. Leibovitz denied a motion from the defense to dismiss the rest of the charges as well, though.

The defendants included people who said they were serving as medics and others who said they were participating in anti-Trump demonstrations but didn't participate in or support the violence. According to the government, the property destruction was valued at more than $100,000. One defendant, Alexei Wood, said he was at the protests as an independent journalist, and press freedom advocates have raised concerns about his prosecution.

There was no evidence presented at the first trial that any of the six defendants were the ones who broke windows on Jan. 20. The prosecution's theory was that they were all still criminally responsible because they were there to support the rioters. The defense countered that under the First Amendment, people exercising their free speech rights weren't required to leave a protest just because someone near them was violent; they argued that the government hadn't shown evidence that the individual defendants were at the demonstration that day in order to back up the bad actors.

The defendants arrested on Jan. 20 are being tried in small groups, and more trials are scheduled for December and throughout 2018. Defense lawyers, anti-Trump activists, and free speech advocates have been watching the first trial as a test of the prosecution and defense strategies in these cases — and in any future cases involving arrests of protesters — going forward.



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Supreme Court Rules The Trump Administration Doesn't Need To Turn Over DACA Documents At This Time

Yuri Gripas / Reuters

The Supreme Court on Wednesday tossed out a trial court's order that the Trump administration turn over internal documents relating to the decision to end Deferred Action for Childhood Arrivals (DACA), ruling that other issues must first be resolved before even considering whether such an order is appropriate.

In an unsigned opinion with no noted dissents, the Supreme Court ordered the district court hearing the challenges to the Trump administration's DACA decision to first consider whether the decision of then-Acting Secretary of Homeland Security Elaine Duke to rescind DACA is reviewable and, if it is, whether the district court has jurisdiction to hear the case in light of restrictions in the Immigration and Nationality Act.

"Either of those arguments, if accepted, likely would eliminate the need for the District Court to examine a complete administrative record [by obtaining the additional documents]," the ruled stated.

The court noted that Wednesday's ruling "does not suggest any view on the merits of respondents’ claims or the Government’s defenses."



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Wednesday, December 20, 2017

As Justice Department Fights Transgender Service, The Military Is Preparing For New Recruits

Military officials have had a policy in place for "processing transgender applicants for military service" since Dec. 8, a new memorandum shows.

The document, made public by lawyers challenging the ban on Tuesday night, comes as the Justice Department continues to fight in court to put off a Jan. 1 deadline for the Pentagon to start allowing transgender military recruits.

The memorandum, signed by Navy Capt. David Kemp, was submitted on Tuesday night as an exhibit in one of the pending cases challenging President Trump's military ban.

The policy applies to all United States Military Entrance Processing Command personnel and activities, per the memo.

Via documentcloud.org



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Tuesday, December 19, 2017

People who quit Twitter in 2017

Some big names grounded their Twitter birds this year. But why?


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The Man Who Made The Republican Internet — And Then Sold It To Far-Right Nationalists Overseas

The video quickly catches your eye, with bold, flashing numbers against a bloodred background. As sinister music charges toward a dramatic finish, a warning about thousands of “foreign Islamists” roaming freely about the country creeps across the screen.

Marine Le Pen, the right-wing candidate who in May lost her bid for president in France, closed her campaign with this message, seen by more than 1.5 million Facebook users. The ad had a theatrical look and feel unusual to European politics, but one quite familiar to Americans.

And that’s because Americans made it.

Vincent Harris, whose namesake Austin, Texas–based firm has deep ties to US Republicans, has positioned himself as a digital guru for Le Pen and other far-right leaders overseas against a backdrop of spiking nationalism, ethnic division, and anti-globalism. It’s an odd trajectory for someone who once seemed on his way to being the GOP’s super-consultant of the future.

Harris taught Mike Huckabee how to talk to bloggers. Sharpened tea party–insurgent Ted Cruz into a national brand. Created memes for Mitch McConnell, the dullest of senators. Evangelized for the phone over television. Along the way he became, in the words of one publication, “The Man Who Invented the Republican Internet.” And he did it all before his 27th birthday.

But now, as he approaches 30, Harris has fallen into a bit of a slump at home. He bet on the wrong 2016 presidential candidate. Pissed off one of his top clients. Disappeared from Donald Trump’s campaign within days for reasons no one seems to understand. As 2017 ends, his highlights are accounts that make even some of his friends and admirers uncomfortable.

Far-right National Front party leader Marine Le Pen answers to journalists at the Federation of Vaucluse during a press conference on Oct. 8, 2017, in Carpentras in southern France.

Anne-christine Poujoulat / AFP / Getty Images

With Harris Media’s assistance, Le Pen’s National Front — a party that has struggled to distance itself from Holocaust deniers and anti-Semitism — has ridden anti-immigrant and anti-Muslim sentiments to more mainstream success. More recently, and most alarmingly to many who respect Harris’ talents, the firm’s efforts for Alternative für Deutschland helped nationalists win seats in Germany’s parliament for the first time in more than half a century. It’s a party that can’t seem to shake its Nazi roots. At one rally earlier this year in support of AfD, attendees chanted that they would “build a subway” to Auschwitz for political opponents.

“I doubt,” one former Harris Media employee told BuzzFeed News, “that many people started working there to work for neo-Nazis.”

German voters had never seen a campaign quite like the one Harris Media took online for AfD. One piece branded Chancellor Angela Merkel as the “oathbreaker” for accepting refugees. Another involved a Facebook post with stark, bloody tire tracks charging that Merkel’s policies have resulted in Islamic terrorist attacks across Europe. By using social media–targeting tactics that have been standard in recent US campaigns, the firm found an audience receptive to AfD’s message. AfD cultivated an alliance of like-minded voters and created a safe, comfortable place to indulge in right-wing nationalism that had long been treated as taboo in the country. Merkel’s party prevailed in the September elections, but AfD won enough votes to become Germany’s third most popular party.

“I doubt,” one former employee said, “that many people started working there to work for neo-Nazis.”

How did Harris go from The Man Who Invented the Republican Internet to The Man Who Helped the Radical Fringe Find Its Voice Overseas? It’s a question that the man who once gladly submitted himself to such publicity seems uneager to answer. He declined repeated requests to be interviewed on the record for this story, agreeing only to review questions submitted by email. He responded to those questions with an emailed statement.

“Harris Media’s domestic client work is stronger than ever; during the past 24 months, we have served American candidates at every level and won numerous awards for groundbreaking efforts,” Harris wrote. “Our continued success in the US has led to opportunities around the world in the some of the world’s largest and most important democracies, where we have assisted a diverse set of candidates and parties across the political spectrum. As we grow both domestically and internationally, we remain focused on providing creative digital approaches to reaching and persuading distracted voters in today's digital-first media environment.”

Harris’ friends see a young entrepreneur who is fascinated by international affairs and recognizes an opportunity to grow his business in countries where political leaders see value in US-style digital tactics. “I think he’s genuinely committed to serving the conservative movement in the US and countries around the world,” said William McBeath, director of training and marketing at the Manning Centre, a Canadian organization that promotes conservative politics and counts Harris among the featured speakers at its annual networking conference.

Disgruntled ex-employees and dissatisfied ex-clients are less charitable. Success, these critics say, went to Harris’ head. They describe a transformation into a bro CEO, the kind who would rather be at Burning Man than in the trenches of a big race. (One senator, unhappy that Harris was dumping too much high-level work on inexperienced staff, fired Harris Media less than three months before Election Day last year.) And they believe that, though Harris initially pursued foreign campaigns as a lucrative niche to fill, the more objectionable accounts might be increasingly necessary to the firm’s survival.

“Some of us did question these campaigns, these candidates, and what they stand for,” said one former Harris Media employee, who, like many of the more than 12 ex-staffers and former clients interviewed for this story, requested anonymity to speak candidly about their experiences. “I think this latest adaptation is all of these foreign campaigns. I don’t think their reputation in the United States is favorable. They’ve burned so many bridges.”

Others believe that Harris, as one of the best in a practice area with few established specialists, remains influential and in demand in US politics. But there are questions about how long he can maintain that status the deeper he gets involved overseas. Some point to former Trump campaign chairman Paul Manafort, who disappeared from the domestic political scene for years while making millions working for authoritarian figures in Eastern Europe.

“Manafort got very wealthy offering those services, so far be it from me to predict whether someone like Vincent who takes on these types of clients will suffer consequences or not — that remains to be seen,” Tim Miller, a Republican communications consultant who was active last year in anti-Trump efforts, told BuzzFeed News. “There's a reason that Manafort wasn't involved in US politics for decades before somebody with no standards and no interest in vetting like Donald Trump came around. Candidates who want to make sure their image and their advisers are in line with their values weren't hiring.”

Delegates of the right-wing AfD vote 'No' during the AfD federal congress at the Hannover Congress Centrum on Dec. 2, 2017, in Hanover, Germany.

Alexander Koerner / Getty Images

The full scope of Harris’ work abroad — what countries, how much, or how little on behalf of one party or another — isn’t clear.

Harris, in an email and on a résumé he posted online, has said he’s done work (though with little elaboration on what kind of work) for candidates in Madagascar and training projects in Belgium, Myanmar, Cambodia, and Canada. Some of the efforts were on behalf of the International Republican Institute, a pro-democracy group in the US chaired by Sen. John McCain of Arizona. Several former employees said certain foreign accounts exist under nondisclosure agreements, while others — like Le Pen in France — are proudly described on Harris Media’s website.

Regardless, the work abroad started more than five years ago. The Arab Spring unleashed political revolutions in the Middle East and North Africa — it also opened Harris’ eyes to international expansion opportunities.

After the fall of president Hosni Mubarak in 2011, Harris traveled to Egypt to assist with election training. As he tells it, his work with persecuted Coptic Christians reinforced to him the power of the internet as a democratic equalizer. “This group of people in Egypt,” Harris said during a September presentation at the Asian Conference for Political Communication in Singapore, “can coordinate now through Facebook and actually build a strong political alliance, whereas before their power was dissolved amongst the larger majoritarian populations.”

The projects for Le Pen and AfD have pushed Harris Media’s work deeper into Euroscepticism and the hardcore nativism often associated with it.

From there, he began jumping into more foreign efforts. In 2015, he signed on with Israel’s Likud Party and the reelection campaign for Prime Minister Benjamin Netanyahu, a move that fit Harris’ evangelical conservative politics, in which Israel’s importance is deeply ingrained. The timing of his hiring fueled speculation that he was a favor from some of his conservative clients back home. “I have not spoken to Senator Cruz or to Mitch McConnell about my job here,” he told the Jerusalem Post at the time. “My Israeli work is completely separate from my work in the US, so what is being reported is not true. I love Israel, and I am excited to be here to help the Likud and the prime minister use digital media in an effective and forward-looking manner.”

The firm also hooked up briefly in 2014 with the UK Independence Party, right-wing populists who, two years later, would back the Brexit campaign to leave the European Union. Harris Media notes the former client prominently on its website, and its involvement with UKIP has been lumped in with its more recent efforts in France and Germany, though Harris describes it today as minor development work. (Officials with UKIP and its former leader, Nigel Farage, told BuzzFeed News they had never heard of Harris or the firm.)

Though Likud and UKIP are complicated, involvement in British and Israeli politics isn’t necessarily so unusual for American political operatives. But work in other parts of Europe and in other parts of the world is less common.

Two former employees said the firm recently assisted Kenyan President Uhuru Kenyatta, who last month was sworn in for a second term after a disputed election and election do-over marred by violent clashes. Harris would not confirm or deny that Kenyatta was a client.

The projects for Le Pen and AfD have pushed Harris Media's work deeper into Euroscepticism and the hardcore nativism and hostility to foreigners that’s often associated with it. Right-wing groups once on the fringes of political activity now are feeding off increasingly mainstream fears surrounding an influx of migrant refugees from war-torn nations across the Mediterranean Sea — and off anger over EU policies addressing the crisis.

There also are public safety concerns, amplified by anti-Islamic sentiment that Harris Media seems OK with stoking, as the firm did in the Facebook video for Le Pen. And in Harris, AfD found a partner for a provocative campaign that also pushed boundaries on the print side. One poster, highlighting the backsides of two women at the beach, called for bikinis over burqas. Another, featuring a pregnant woman, asked: “New Germans? We’ll make them ourselves.” Harris Media’s anti-Merkel messaging online was just as attention grabbing, though the firm’s pitch to use a “Germany for Germans” campaign reportedly was too much for the client, mindful of the Nazi echo.

"To me, this is bigger than personal attacks. To me, the internet spreads democracy. To me, the internet gives democracy."

While Le Pen lost the presidential election in France, her National Front asserted its growing political presence. AfD made historic gains. For Harris, both were opportunities to show how, with his expertise, fringe movements and minority parties can compete with the establishment. In a way it was as fundamentally simple as herding people together on social media and making them feel comfortable confessing their unpopular opinions. But this is a potential gold rush for enterprising US consultants. Antiestablishment leaders looking for an edge will pay good money for Americanized tactics. “They didn’t have contacts at Facebook, Twitter, or Google before we came in,” Josh Canter, a Harris Media operative who was based in Berlin for the German elections, told Bloomberg Businessweek in September.

At the Singapore conference in September, several weeks before the German elections, Harris acknowledged the mean and divisive political culture that feasts online. “But to me, this is bigger than feelings,” he said. “To me, this is bigger than personal attacks. To me, the internet spreads democracy. To me, the internet gives democracy.”

A few moments later in the speech, a video of which Harris posted to his personal website, he mused, “Do we remember how it was before the internet, y’all?”

Vincent Harris in his office.

Drew Anthony Smith

Harris was an early adopter of the internet as a political tool.

As a high school student in Northern Virginia, he launched TooConservative.com to chronicle happenings in local politics. At first, he published anonymously. “He had to,” said Sean Connaughton, who at the time was a Prince William County supervisor. “I think if anyone knew it was a 16-year-old putting this stuff up, no one would have paid attention to it.”

Even after Harris outed himself, Connaughton said, some suspected he was merely a front for Connaughton or for Rep. Tom Davis, then the area congressman. Harris had volunteered for both, even climbing into a smelly old elephant costume to represent his Republican patrons at parades. (TooConservative.com remains live after all these years, but the most recent post is from March. The content has become more of a self-promotional vehicle for Harris, and links to early entries lead to error pages.)

Harris went pro in college, at Baylor University, where he was known among classmates as a devout Christian conservative — the kind of kid who asked you to share a favorite Bible passage. From Waco, Texas, he signed on to 2008 campaigns for the state’s then-junior senator, John Cornyn, and for presidential hopeful Mike Huckabee. He sold both on a unique strategy: talking to political bloggers like him. For Huckabee, who lacked the money to wage a big ad campaign, such exposure was valuable. The former Arkansas governor staged a surprise win in the Iowa caucuses that year. Cornyn cruised to a second term.

“We called him Blogger Boy,” said John Drogin, a Republican strategist who worked for Cornyn’s reelection campaign at the time. “Back in 2008, it was a slightly different digital landscape.”

"Vincent was really a pioneer of his craft and found his voice in the midst of a field that was unknown."



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Monday, December 18, 2017

In The Lead Up To Doug Jones's Win, Groups Actually Spent Millions Trying To Mobilize Black Voters

Justin Sullivan / Getty Images

Doug Jones couldn’t have won in Alabama without black voters. National and local Democratic groups knew that — and spent millions trying to turn those voters out.

And even though the Alabama race may be an outlier, some of those groups now hope that the victory is a blueprint for the party in the South, where a few thousand votes could make a huge difference, as they try to pick up more House seats and governor’s mansions.

In the weeks before Jones’s victory, there were preemptive concerns Democrats had not done enough to turn out black voters, some of whom were, at best, unenthused about Jones. Those worries proved unfounded: While some white rural and suburban voters stayed home with the infamous Roy Moore on the ballot, black people in Alabama punched above their weight — compromising 29% of voters in the election despite only accounting for around 27% of the state’s population according to exit poll data. Black women, in particular, voted for Jones in near solidarity at 98%.

An array of Democratic groups poured money and time Alabama: the NAACP, the Democratic National Committee, Priorities USA, and newer groups like BlackPAC, which along with its coordinated arm, spent more than $2.1 million in the state. The group also knocked on nearly 500,000 doors, and spoke with more than 120,000 people about issues surrounding the election, the executive director Adrianne Shropshire told BuzzFeed News.

The organization also partnered with groups organizing in black churches and engaging millennial black voters.

Shropshire believes that to win in the South, Democrats need to up their game at engaging black voters. “We know that there are real opportunities for progressives to win in the south and we know that there are opportunities coming up. Whether it’s Stacey Abrams in Georgia or Andrew Gillum in Florida there are opportunities to support progressive candidates,” Shropshire said, referring to the competitive governors’ races in Georgia and Florida.

Next year, there could also potentially be a competitive (but difficult) Senate race in Tennessee and — more promisingly — House races across the South.

Although BlackPAC isn’t quite ready to say where they’ll be focusing their efforts next, Priorities USA said they’re looking to support candidates in Florida, Pennsylvania, Ohio, Wisconsin, Nevada, Michigan, and Arizona, and they’re eyeing gubernatorial races in South.

The best known Democratic super PAC, which backed Hillary Clinton in 2016, spent $1.5 million dollars alongside Senate Majority PAC during the Alabama special election. The majority of that ($1 million) was specifically spent on mobilizing black voters, the chairman of Priorities PAC, Guy Cecil, told BuzzFeed News.

Priorities emphasized traditional voter mobilization : education efforts about the date of the election and polling places. They also crafted an education effort that catered to younger voters on online about the “extremist and racist” statements previously made by Moore

Cecil told BuzzFeed News that Priorities PAC learned lessons that Democrats should embrace ahead of the 2018 elections. “Democrats need to expand key demographics that they want to mobilize in black groups and other communities of color if they want to increase turnout,” he said.

The overall question of black turnout continues to loom large for Democrats’ national ambitions: Voter participation was down somewhat in 2016, which people have attributed to everything from President Obama no longer being on the ballot, to voting rules making it more difficult for black communities to vote, to Hillary Clinton not holding the same kind of appeal as Obama, to Democratic failures to motivate and focus issues important to black voters.

This year, Democratic turnout has exploded, especially in states where Republicans have a significant edge, like Alabama. National Democratic groups have also invested; earlier this fall in Virginia, liberal billionaire Tom Steyer financed a narrow effort that targeted students at black colleges and universities in the state. In the final week of his campaign, Jones campaigned heavily with prominent black Democrats, including Sen. Cory Booker and former governor Deval Patrick. The DNC also played a more reserved role in Alabama, quietly spending $1 million dollars on the race and dispatching over 30 aides.

Meanwhile, in addition to the efforts from national progressive groups, the Alabama NAACP also put together an initiative to mobilize voters by educating voters about the special election and giving them information about the proper IDs required to vote. The group says members called every voter who hadn’t participated in an election since former president Obama was on a ballot to encourage them to participate in the election.

“We had a lot at stake here in Alabama from health care and education to voter suppression which is crippling a lot of people here so we had to get people informed early,” Jerry Burnet, the Alabama NAACP state political action chair told BuzzFeed News.

Shropshire believes there’s a shift happening in how the Democratic Party courts black voters and that the model could work in other southern states if the party engages with black voters early and invests in the infrastructure to assist local black and progressive organizations, particularly in funding those groups already organizing voters in those communities, and continues to educate voters about the obstacles they might face at the polls.

“I think the degree to which we can address the voter suppression tactics we’ll see greater participation and part of the reason [Tuesday] was so amazing was that 29% of the electorate did all of that in spite of that, and Alabama voters really did win both for themselves and for the country,” Shropshire said.



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Sunday, December 17, 2017

The Trump Campaign Claims A Federal Office Illegally Turned Over Transition Emails To The Special Counsel

Joshua Roberts / Reuters

A lawyer for the Trump transition team on Saturday accused a federal agency of illegally and unconstitutionally turning over thousands of emails to the Special Counsel's Office.

Specifically, the General Services Administration (GSA) turned over emails written during the transition — the period between Election Day 2016 and Inauguration Day 2017 — and the Trump campaign is claiming in a letter that the decision violated the law.

Fox News first reported the existence of the letter, following an Axios report about the emails having been obtained by Special Counsel's Office.

The GSA — which is responsible under law for providing the presidential transition with office space, supplies like phones and laptops, and "ptt.gov" emails — was instructed after the transition had ended and President Trump had taken office to preserve records from the transition in connection with ongoing investigations.

In a seven-page letter sent to congressional committee leaders on Saturday, a lawyer for the Trump campaign, Kory Langhofer, wrote, "We understand that the Special Counsel’s Office has subsequently made extensive use of the materials it obtained from the GSA, including materials that are susceptible to privilege claims."

According to the letter, the Mueller investigation requested, in a pair of August letters, "the emails, laptops, cell phones, and other materials" for nine transition team members working on "national security and policy matters" and four other "senior" transition team members.

Langhofer argues in the letter that decision by GSA officials went against what he calls "the GSA's previous acknowledgement concerning" the Trump campaign's "rightful ownership and control of" transition team materials.

Langhofer claims the production of transition materials to the Special Counsel's Office by GSA violated "GSA's duties to" the Trump campaign, a Presidential Transition Act requirement that "computers or communications services" to the transition team be "secure," and the Fourth Amendment. (At the same time, however, Langhofer makes clear he believes the current law should be changed "to protect future presidential transitions from having their private records misappropriated by government agencies.")

The letter also makes a specific claim about communication between the government and the campaign — that Richard Beckler, then the general counsel of the GSA, "acknowledged unequivocally to [the Trump campaign's] legal counsel" in a June 15 discussion that the Trump campaign "owned and controlled" emails, and that "any requests for the production of PTT records would therefore be routed to legal counsel for [the Trump campaign]."

Langhofer puts much of the blame for the move on a career government employee, GSA Deputy Counsel Lenny Loewentritt, who he says was present for those assurances. (Beckler "was hospitalized and incapacitated" in August, according to the letter, and has since died.)

"Career GSA staff, working with Mr. Loewentritt and at the direction of the FBI, immediately produced all the materials requested by the Special Counsel’s Office – without notifying TFA or filtering or redacting privileged material," Langhofer writes.

In a phone interview with BuzzFeed News on Saturday night, Loewentritt disputed the claims made in the letter sent by the Trump campaign.

"Beckler never made that commitment," he said of the claim that any requests for transition records would be routed to the Trump campaign's counsel.

Specifically, Loewentritt said, "in using our devices," transition team members were informed that materials "would not be held back in any law enforcement" actions.

Loewentritt read to BuzzFeed News a series of agreements that anyone had to agree to when using GSA materials during the transition, including that there could be monitoring and auditing of devices and that, "Therefore, no expectation of privacy can be assumed."

Loewentritt told BuzzFeed News that the GSA initially "suggested a warrant or subpoena" for the materials, but that the Special Counsel's Office determined the letter route was sufficient.

As to whether the Trump campaign should have been informed of the request, Loewentritt said, "That's between the Special Counsel and the transition team."

A spokesperson for the Special Counsel's Office declined to comment on the initial Axios report about the emails and did not immediately respond to a follow-up request for comment about claims made by Langhofer and Loewentritt.

Read the Trump campaign lawyer's letter:

Read the Trump campaign lawyer's letter:

Via documentcloud.org



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Saturday, December 16, 2017

Nevada Democrat Ruben Kihuen Won't Seek Reelection After Sexual Harassment Allegations

Mike Segar / Reuters

Nevada Democratic Rep. Ruben Kihuen announced Saturday that he would not seek reelection amid sexual harassment allegations from his former campaign finance director.

In early December, BuzzFeed News first reported the allegations of the former staffer, who said Kihuen repeatedly harassed and made sexual advances toward her last year during his campaign, leading her to quit after only a few months on the job.

A second woman then told the Nevada Independent earlier this week that Kihuen had repeatedly made unwanted sexual advances on her when she was a lobbyist and he was a state senator.

"I want to state clearly again that I deny the allegations in question," Kihuen said in a statement on Saturday. "I am committed to fully cooperating with the House Ethics Committee and I look forward to clearing my name."

"However, the allegations that have surfaced would be a distraction from a fair and thorough discussion of the issues in a reelection campaign," he said. "Therefore, it is in the best interests of my family and my constituents to complete my term in Congress and not seek reelection."

In the aftermath of the BuzzFeed News report, there had been swift calls for the freshman Democrat to step down: Democratic Congressional Campaign Committee Chairman Ben Ray Luján called for his resignation when presented with the details of the article and Minority Leader Nancy Pelosi said Kihuen should resign several hours later, but he refused to do so.

Kihuen's decision not to seek reelection comes less than two weeks after Rep. John Conyers, the longest serving member of Congress, resigned over sexual harassment allegations first revealed by BuzzFeed News.

The Nevada Democrat was elected to Congress last November and is a long-time protégé of former Senate Majority Leader Harry Reid. Kihuen is a DREAMer and often talked about his immigrant experience on the campaign trail and in Congress, pushing for legislation to protect those, like himself, who were brought to the US illegally as children. The subject was also central to his speech at the Democratic National Convention in 2016. Before entering Congress, Kihuen spent a decade in the Nevada legislature.

Kihuen’s former campaign finance director, Samantha (whose last name BuzzFeed News withheld), alleged that Kihuen propositioned her for dates and sex despite repeated rejections. She said he touched her thighs twice without consent.

In a statement to BuzzFeed News for the initial story, Kihuen said:

The staff member in question was a valued member of my team. I sincerely apologize for anything that I may have said or done that made her feel uncomfortable. I take this matter seriously as it is not indicative of who I am. I was raised in a strong family that taught me to treat women with the utmost dignity and respect. I have spent my fifteen years in public service fighting for women’s equality, and I will continue to do so.

Later the same day, Kihuen’s office sent out a new statement adding that he wanted to “make it clear that I don’t recall any of the circumstances.” His office didn’t respond to a BuzzFeed News inquiry asking whether he denied the events occurred as described.

Dozens who have been around Kihuen over the years described to BuzzFeed News a pattern of behavior from him that was teetering on the brink of misconduct. In interviews with at least 30 men and women who have worked in Nevada politics in Carson City and in Las Vegas, Kihuen was repeatedly described as a "playboy" whose reputation for constantly pursuing and flirting with young women was an "open secret."

One former Nevada State Assembly intern said in settings with alcohol, she routinely saw Kihuen making inappropriate jokes and at times giving unwanted, long hugs and touches.

"Ruben tends to be very touchy-feely and flirtatious to begin with," the intern said. "The more you just let it go, the farther along he gets."

Kihuen's full statement:

Nothing is more important to me than my family and serving my constituents. It is the greatest honor of my life to represent Nevada’s Fourth District as a Member of the United States House of Representatives.


The support and encouragement of my constituents provides me with the strength and guidance to represent Nevada to the best of my abilities.


I want to state clearly again that I deny the allegations in question. I am committed to fully cooperating with the House Ethics Committee and I look forward to clearing my name.


Due process and the presumption of innocence are bedrock legal principles which have guided our nation for centuries, and they should not be lost to unsubstantiated hearsay and innuendo.


However, the allegations that have surfaced would be a distraction from a fair and thorough discussion of the issues in a reelection campaign. Therefore, it is in the best interests of my family and my constituents to complete my term in Congress and not seek reelection.

LINK: A Member Of Congress Accused Of Harassment Is Refusing to Resign. Frustrated Democrats Can't Make Him.



Source BuzzFeed - Politics http://ift.tt/2CGa2yZ