Trump Justice Department secretly obtained Post reporters’ phone records

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The Trump Justice Department secretly obtained Washington Post journalists’ phone records and tried to obtain their email records over reporting they did in the early months of the Trump administration on Russia’s role in the 2016 election, according to government letters and officials.

In three separate letters dated May 3 and addressed to Post reporters Ellen Nakashima and Greg Miller, and former Post reporter Adam Entous, the Justice Department wrote they were “hereby notified that pursuant to legal process the United States Department of Justice received toll records associated with the following telephone numbers for the period from April 15, 2017 to July 31, 2017.” The letters listed work, home or cellphone numbers covering that three-and-a-half-month period.

Cameron Barr, The Post’s acting executive editor, said: “We are deeply troubled by this use of government power to seek access to the communications of journalists. The Department of Justice should immediately make clear its reasons for this intrusion into the activities of reporters doing their jobs, an activity protected under the First Amendment.” Continue reading.

‘Find the fraud’: Trump pressured a Georgia elections investigator in a separate call legal experts say could amount to obstruction

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President Trump urged Georgia’s lead elections investigator to “find the fraud” in a lengthy December phone call, saying the official would be a “national hero,” according to an individual familiar with the call who spoke on the condition of anonymity because of the sensitivity of the conversation.

Trump placed the call to the investigations chief for the Georgia secretary of state’s office shortly before Christmas — while the individual was leading an inquiry into allegations of ballot fraud in Cobb County, in the suburbs of Atlanta, according to people familiar with the episode.

The president’s attempts to intervene in an ongoing investigation could amount to obstruction of justice or other criminal violations, legal experts said, though they cautioned a case could be difficult to prove. Continue reading.

Legal experts fear the White House will violate the Presidential Records Act during the transition

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With 70 days until the presidential inauguration, there is growing concern over President Donald Trump’s refusal to commit to a peaceful transfer of power. Trump has spent the last week (and months, to years, frankly) publicly discrediting the United States’ electoral systems.

Behind closed doors, there is another area of Trump’s governing that is raising alarms. The president has replaced several top government officials with his own loyalists and now, there are concerns about the damage his administration could cause between now and Inauguration Day.

A new report released by Just Security breaks down the basis of the Presidential Records Act (PRA) and what is included under it. Under the PRA, government employees are only allowed to take personal records when leaving positions. Continue reading.

It sure looks like Trump’s national security adviser is campaigning for him in swing states

Experts say it’s pretty clearly an ethics violation.

Just a week before the election, Trump’s National Security Adviser Robert O’Brien is visiting key swing states in what appears to be a naked attempt to boost his boss’s reelection chances — a move some say is consistent with a broader administration campaign.

O’Brien traveled this week to Minnesota and Wisconsin, two important swing states, nominally to discuss the centrality of mining and supply chains to building weaponry. But he went to the same locations — a copper-nickel mining region of Minnesota and the Fincantieri Marinette Marine shipyard in Wisconsin — that President Trump and Vice President Pence had both also visited.

National Security Council spokesperson John Ullyot told me that during his travels in these states, O’Brien “held important meetings” crucial to understanding industry’s role in keeping America safe. “The important work of protecting our national security continues regardless of domestic political events,” he said. Continue reading.

Trump administration pushes to end census next week

Commerce Department announces Oct. 5 ‘target date,’ despite federal order against ending count early

Days after a judge ordered the Census Bureau to continue enumerating for another month beyond its current Sept. 30 deadline, Commerce Secretary Wilbur Ross, who oversees the agency, announced Monday he intends to end all in-person counting efforts next week.

“The Secretary of Commerce has announced a target date of October 5, 2020 to conclude 2020 Census self-response and field data collection operations,” according to a Census Bureau announcement made on Twitter and on its website.

Plaintiffs in a lawsuit and census experts argued a shortened census count would risk missing or double counting people, skewing the results. Because of delays earlier in the year related to the coronavirus pandemic, the administration originally postponed certain counting deadlines and sought a four-month legislative extension of when it needed to delivery census totals to the White House. But it abandoned that effort after President Donald Trump signed a memorandum in July trying to exclude undocumented immigrants from apportionment. Continue reading.

Donald Trump Wants A New Supreme Court Justice To Help Hand Him A Second Term

“I think this will end up in the Supreme Court, and I think it’s very important to have nine justices,” Trump said of his plans to challenge the election results.

President Donald Trump said Wednesday that the expansion of mail-in voting during the coronavirus pandemic is a “scam” and that he needs the Senate to confirm his Supreme Court pick to replace the late Justice Ruth Bader Ginsburg before the election. And he was open about why: Trump wants a new justice in place to ensure election-related cases are decided in his favor. 

“I think this will end up in the Supreme Court, and I think it’s very important to have nine justices,” Trump said.

This is an extension of Trump’s earlier suggestion that he is “counting on the federal court system” to decide the winner of the presidential election in his favor. Continue reading.

Federal officials stockpiled munitions, sought ‘heat ray’ device before clearing Lafayette Square, whistleblower says

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Hours before law enforcement forcibly cleared protesters from Lafayette Square in early June amid protests over the police killing of George Floyd, federal officials began to stockpile ammunition and seek devices that could emit deafening sounds and make anyone within range feel as if their skin was on fire, according to an Army National Guard major who was there.

D.C. National Guard Maj. Adam D. DeMarco told lawmakers that defense officials were searching for crowd-control technology deemed too unpredictable to use in war zones and had authorized the transfer of about 7,000 rounds of ammunition to the D.C. Armory as protests against police use of force and racial injustice roiled Washington.

In sworn testimony, shared this week with The Washington Post, DeMarco provided his account as part of an ongoing investigation into law enforcement and military officers’ use of force against D.C. protesters. Continue reading.

The Hatch Act, the law Trump flouted at the RNC, explained

The Hatch Act is designed to protect the rule of law. Trump flouts it openly.

The United States prohibits most federal employees from engaging in certain political activity — especially if those employees are engaged in fundamentally nonpartisan activity such as diplomacy — in order to prevent abuse of power and corruption. On Tuesday night, however, the Trump administration flouted these limits by holding part of the Republican National Convention at the White House and broadcasting a partisan speech by the nation’s top diplomat.

The Hatch Act of 1939 imposes strict limits on most federal civilian workers who want to engage in political activity, and some Cabinet departments augment these statutory limits with additional policies intended to maintain a clear wall of separation between partisan politics and nonpartisan government functions.

These restrictions on government workers exist for two interlocking reasons. As the Supreme Court explained in United States Civil Service Commission v. National Association of Letter Carriers (1973), “it is in the best interest of the country, indeed essential, that federal service should depend upon meritorious performance rather than political service.” But if civil servants are free to engage in political activities, presidential appointees could reward loyal partisans and punish civil servants who favor the party that does not control the White House. Continue reading.

McEnany Won’t Say Trump Will Accept Election Result

White House press secretary Kayleigh McEnany refused to guarantee President Donald Trump will accept the election results, instead saying he would “see what happens,” and then “make a determination” what to do.

“The president has always said he’ll see what happens, and make a determination in the aftermath,” McEnany told a reporter Wednesday afternoon.

Claiming he “wants a free election, a fair election,” McEnany said Trump wants “confidence in the results of the election.” Trump has been doing exactly the opposite: working to ensure the election is not free or fair, and that the results will be questioned – especially if he loses. Continue reading.

Trump commutes Roger Stone’s sentence

The Hill logoPresident Trump on Friday commuted the prison sentence of longtime confidant Roger Stone after the former campaign adviser was sentenced to three years and four months in prison in connection with former special counsel Robert Mueller’s Russia investigation.

The decision capped a months-long saga that has roiled the Justice Department and divided some of the president’s advisers. Stone was set to report to prison July 14, but his allies had lobbied for a pardon or a commutation, citing his risk of contracting coronavirus while in jail.

The move Friday did not come as a particular surprise, as Trump had at various points in recent months signaled he was leaning toward intervening in Stone’s case. Trump told reporters he was considering a commutation or pardon for Stone as the date he was scheduled to report to prison loomed. Continue reading.