‘We’re not going to stop’: Lawmakers press ahead with Trump-era investigations

Donald Trump will be a private citizen in January. But Republicans and Democrats on Capitol Hill are poised to carry on the investigations and legal battles that helped define his presidency.

In the House, Democrats are still in court fighting to obtain Trump’s financial records and testimony from his first White House counsel Don McGahn, a key figure in the obstruction of justice case against Trump.

In the Senate, where GOP control hinges on two Jan. 5 runoffs in Georgia, Republican lawmakers are plotting ways to expand and intensify their investigations targeting the former Obama administration and President-elect Joe Biden and his son Hunter, with Senate Republicans saying they will use the lame duck period to ramp up their probes.

“We’re not going to stop,” Senate Judiciary Committee Chairman Lindsey Graham (R-S.C.) said as he concluded a hearing this week on the FBI’s handling of its investigation of the 2016 Trump campaign’s ties to Russia — a probe the president has railed against for four years. “Because this is fundamental to democracy that the law enforcement community acts based on evidence, not based on bias.”

Although Trump will soon exit the White House, the legal warfare between his outgoing administration and both chambers of Congress is likely to continue reshaping the balance of power between lawmakers and the Executive Branch for generations. As court cases arising from his defiance of House subpoenas progress — and as Senate Republicans accelerate investigations into Biden — little-tested notions about Congress’ ability to investigate presidents are playing out in real-time, with a crowded calendar of appeals court and Supreme Court decisions already slated for early next year.

Biden will wield significant influence on the course of these probes. His Department of Justice will decide whether to continue defending against the House’s subpoenas, for example. But he faces a tricky calculus: rolling back Trump’s defiance of congressional authority without ceding too much ground to the Republicans hoping to draw blood.

Some House aides suggested Speaker Nancy Pelosi would ultimately decide which probes to continue or phase out, in consultation with Biden’s transition and administration. One of the tensions facing Democrats is the fact that Biden ran as a unity candidate, promising to turn the page on Trump-era scandal and bring the country together. Investigations of his predecessor, whether by Democrats in Congress or by DOJ, could cut against that healing message. However, Trump is still a powerful motivating force for Democrats and — much as Trump made Barack Obama and Hillary Clinton a foil for his entire term — Democrats are unlikely to sheathe their swords for Trump, particularly as voices in his orbit whisper about the prospect of a 2024 bid.

Pelosi and Biden’s decisions will also have no bearing on the criminal exposure Trump and his company may face from investigations underway by Manhattan and New York state prosecutors, who are looking into whether the Trump Organization committed bank or tax fraud, as well as whether Trump inflated the value of his assets to obtain loans. Whether or not Congress and the Biden Justice Department pursue Trump-focused inquiries, Trump is still facing a post-presidency thicket of litigation.

In any case, they say, Biden’s selections for attorney general and White House counsel will be the clearest indication of his posture toward congressional oversight.

Regardless of how House Democrats proceed, Republicans in the Senate — who are favored to retain control of the chamber after the Georgia runoffs — have signaled they intend to continue the Trump-era investigations that drew criticisms from Democrats as baseless efforts to placate the president as he ran for reelection.

Even before Biden takes office in January, Senate Republicans say they will step up their investigations — possibly boosted by a new round of declassifications from the Trump-aligned intelligence chief, John Ratcliffe, who released several secret documents about the 2016-era Russia probe to Senate Republicans during the run-up to the Nov. 3 election.

In fact, the GOP committee chairmen running these investigations, like Sen. Ron Johnson (R-Wis.), have an incentive to escalate them before Jan. 3, when those lawmakers will be forced to give up their gavels in accordance with party rules that limit their terms as chairman.

“We’re going to find somebody accountable for something when it comes to Crossfire Hurricane,” Graham vowed at the hearing this week, referring to the official name for the investigation into the Trump campaign’s ties to Russia.

“My goal is to not let them get away with it,” Graham said after the hearing.

Graham is set to turn his gavel over to Sen. Chuck Grassley (R-Iowa), who is certain to continue that probe in the new Congress. Just this week, Grassley sent a letter to Attorney General William Barr requesting information about Biden’s son Hunter’s foreign business dealings, though there’s no evidence the former vice president has done anything improper. The Iowa Republican has been deeply involved in the Trump-backed inquiries targeting the president’s political opponents.

But Johnson, another key Republican, will give up his chairmanship of the Senate Homeland Security and Governmental Affairs Committee, where he has been investigating the origins of the Russia probe in addition to spurious claims about Hunter Biden.

“We’ll continue to investigate the corruption that led to the Crossfire Hurricane investigation, and we’ll get into all of these things,” Johnson said, though he hinted that his successor as chairman, Sen. Rob Portman (R-Ohio), might not be interested in keeping them up. Indeed, Portman has never been enthusiastic about those investigations.

When asked if he thinks his investigations will continue when Portman takes over as chairman, Johnson said the probes would be housed under the panel’s permanent subcommittee on investigations, which he is likely to chair come January.

A subcommittee perch is not nearly as powerful of a position, so Johnson will find it difficult to issue subpoenas and take over investigative steps.

But Democrats worry that even with the diminished role, Johnson could try to undermine the Biden administration and the presidential transition period. “We don’t want it to become a Benghazi thing,” a Democratic aide said, referring to the years-long GOP-led investigation into the 2012 terror attack in Libya.

The House’s battle will largely be won or lost in court.

The Judiciary Committee, chaired by Rep. Jerry Nadler (D-N.Y.), has been fighting since August 2019 to enforce a subpoena for testimony from McGahn, the star witness in former special counsel Robert Mueller’s investigation. And Nadler has made clear he intends to pursue that testimony even without Trump in office. That means potentially months of legal battles in 2021.

“The chairman still has every intention of interviewing Don McGahn and other administration officials who have ignored our subpoenas, and continues to believe it’s important to do it,” said a Judiciary Committee aide, speaking on condition of anonymity to discuss the chairman’s thinking, “not only for the institutional consideration, but also because we are going to begin — whether they like it or not — the very difficult process of rebuilding the institutions these guys have degraded over the past four years,

The case is slated to come before the full U.S. Court of Appeals in Washington, D.C., on Feb. 23, with briefs due throughout the transition.

The Judiciary Committee is also fighting in court to obtain the grand jury evidence collected by Mueller’s team, a case that has wound its way to the Supreme Court. The justices are due to hear arguments on the matter — which will determine if the House’s impeachment power entitles it to access typically secret grand jury material — on Dec. 2.

The House Oversight Committee, meanwhile, has been fighting since early 2019 to access Trump’s financial records from his accounting firm, Mazars USA. The Supreme Court has already adjudicated the case, determining that lower courts — who ruled in favor of the House — hadn’t conducted enough scrutiny of Democrats’ demands. So the case is working its way back through the courts again, this time as the House argues its efforts to obtain Trump’s finances easily satisfies the heightened scrutiny the Supreme Court has demanded.

Even without Trump in office, the case may determine how much power Congress has to investigate a sitting president’s personal dealings.

There may be areas of mutual agreement for House Democrats — frustrated by years of Trump stonewalling — and Republicans, who filed their own raft of bills to strengthen Congress’ hand during the Obama administration. One of the leaders of those GOP efforts, Rep. Darrell Issa (R-Calif.) is returning to Congress in January two years after retiring.

The Judiciary aide noted that Issa has previously proposed legislation that would expedite court cases involving congressional subpoenas, a policy shift that Democrats have recently embraced as well, after seeing Trump run out the clock on several of their investigations.

“That’s a place where there really could be a confluence of interests here,” the aide said.

Just three days after Biden clinched the presidency, the Senate Judiciary Committee convened a hearing to revisit the origins of the FBI’s investigation of Trump’s 2016 campaign and its links to Russia — a probe that later morphed into the Mueller investigation. Trump has leveled unsubstantiated claims that Biden played a central role in orchestrating the investigation, though Senate Republicans, as well as a U.S. attorney tasked to review the matter by Attorney General William Barr, have not turned up any evidence to support his claims.

Nevertheless, Graham convened the hearing to obtain testimony from former FBI deputy director Andrew McCabe, who played a key role in determining whether to investigate Trump and signing off on surveillance warrants against former campaign adviser Carter Page.

After the hearing, Graham made clear that Biden’s election won’t deter him from conducting his investigation.

“To be continued,” he said.

Posted in Uncategorized

Donald Trump transition ‘trashed’ by Electoral College challenges, ‘Resistance’

Starkly different tales of two presidential transitions have played out in Washington.

In 2016, Democrats, Obama administration officials and liberal media moved quickly to target President-elect Trump. Over 73 days, there were calls for impeachment, a resistance movement, attempts to infiltrate the Electoral College, false opposition research and FBI surveillance, ...

Posted in Uncategorized

The Pentagon is reportedly unnerved by Trump's lame-duck 'purge' of civilian leadership

The Pentagon is reportedly unnerved by Trump's lame-duck 'purge' of civilian leadershipIn the 24 hours after President Trump fired Defense Secretary Mark Esper on Monday, three other top civilian leaders at the Pentagon quit or were ousted, replaced by Trump loyalists with controversial pasts. The "apparent purge" ushered in "hardcore MAGA-ites" at the top level of the Defense Department, Spencer Ackerman reports at The Daily Beast, and "it is currently unknown what mandate the new loyalists have at the Pentagon with over two months remaining in the Trump administration."The lame-duck change in leadership has "put officials inside the Pentagon on edge and fueled a growing sense of alarm among military and civilian officials, who are concerned about what could come next," USA Today reports. "This is scary, it's very unsettling," one defense official told CNN. "These are dictator moves." Another senior defense official added "it appears we are done with the beheadings for now," at least at the Pentagon.The Pentagon's No. 3 official, acting Undersecretary for Policy James Anderson, was replaced by his acting deputy, retired Brig. Gen. Anthony Tata, a controversial Fox News regular who withdrew his nomination for Anderson's spot because the GOP-led Senate Armed Services Committee wouldn't confirm him. Anderson himself was holding the No. 3 job because Trump fired the Senate-confirmed Pentagon policy chief, John Rood, in February.Esper's chief of staff, Jen Stewart, was replaced by Kash Patel, a former senior aide to Rep. Devin Nunes (R-Calif.) who played a leading role in crafting a dubious FBI "unmasking" memo and made a cameo in Trump's impeachment. Patel has a "very close" working relationship with new acting Defense Secretary Christopher Miller, an administration official told CNN.And Trump named Ezra Cohen-Watnick, a top aide to former National Security Adviser Mike Flynn also implicated in the Nunes "unmasking" imbroglio, as the Pentagon's defense intelligence chief. He replaces Joseph Kernan. "That Ezra Cohen-Watnick is the acting undersecretary of defense for intelligence would be comical if it weren't so terrifying," a former Trump National Security Council official told The Daily Beast.There are concerns that Miller, former head of the National Counterintelligence Agency, is in over his head. But at least he gets "high marks for his competence and integrity," Ackerman reports, and according to a former colleague, he "would not take part in a coup to keep Trump in office after the president lost re-election."More stories from theweek.com Michael Cohen thinks Trump will skip Biden's inauguration so the cameras can't capture him as 'a loser' Trump wants to be forced out Mitch McConnell's amazing filibuster of his own bill


Posted in Uncategorized

Democrats demand Trump officials preserve records amid transition

Nearly two dozen House committee chairs sent letters to Trump administration officials Tuesday demanding they adhere to records preservation rules ahead of the transfer of power next year.

The Democrats’ push targeted over 50 federal agencies and departments, including the Executive Office of the President at the White House, and directed recipients to comply with the applicable federal law and regulations, as well as preserve records that may be subject to congressional subpoenas or investigations.

“Over the last four years, the Administration obstructed numerous congressional investigations by refusing to provide responsive information,” lawmakers wrote. “You are obligated to ensure that any information previously requested by Congress—and any other information that is required by law to be preserved—is saved and appropriately archived in a manner that is easily retrievable.”

The federal government has stretched the limits of recordkeeping rules under President Donald Trump — whose personal habit of tearing up documents that cross his desk led to staffers taping them back up to comply with the Presidential Records Act.

In other instances, top officials have used personal email accounts or encrypted messaging apps to conduct government business, complicating the archival effort and potentially impeding the incoming administration’s ability to take the helm of the vast federal apparatus.

The Trump administration has also stymied Democrats on a number of oversight fronts since they took the House in 2018, particularly during the impeachment process when the White House rebuffed a series of congressional requests for testimony and documents.

Posted in Uncategorized

The assault on the 2020 election is more dangerous than anything else Trump has done

Way over on the farthest left, there’s a cliff; a dark potential called communist totalitarianism. The horrors that wait beyond that cliff have been more than adequately demonstrated by everyone from Joseph Stalin to Pol Pot, and progressives of every nation are extremely aware that the pathways to that cliff must be constantly challenged, heavily patrolled, and always eyed with concern. Likewise on the right, there’s an yawning gyre called fascist totalitarianism. The edges of that pit are lined with the bones of millions, and whether the followers wear brown shirts or black, this system has proven to be extraordinarily effective at hastening a nation from rationality into murderous dystopia.

Only there’s a difference when it comes to how the specters on the left and demons on the right have been handled. Because for decades, but especially within the last four years, the right has worked to take their ogre and simply relocate it to the left; to describe fascism not as something that belongs to them, but as “liberal fascism.” And there’s a reason for this that goes well beyond not just wanted to have themselves associated with goose-stepping men in armbands—a reason that plays directly into what’s happening right now following the 2020 election.

On Monday, Attorney General William Barr ordered the Department of Justice to investigate claims of election fraud for which there is no evidence. Sen. Lindsey Graham said the only reason why Republicans lose races is because Democrats cheat. And the two Republican senators from Georgia attacked their own state over claims that they failed to run a proper election, providing no more evidence than that they allowed Donald Trump to lose.

All of this stands in stark contrast to every election in recent history. Even the most rancorous campaigns of the past have swallowed their pride, made that concession call, and done so swiftly, because they understand the cost of not conceding.

That Republicans would so joyfully attack the machinery of free elections seems extraordinary, even considering the efforts applied for more than a century to make sure that only the right kind of white people get to the polls in the first place. But it shouldn’t be. After all, elections are just another institution, and Republicans have more than adequately demonstrated that they can smash, or subvert, any institution designed to act as a check on power. See impeachment. See the courts. See the Senate report that was quietly released admitting that Trump’s campaign did in fact have repeated contact with Russian agents, regularly coordinated with Russian objectives, and made promises to Russia in exchange for assistance. Nothing came of that. And why should it, considering that Republicans had just voted that they didn’t even have to hear the witnesses before declaring Trump innocent of anything, anywhere, at any time.

The reason that right-wing media is saturated with claims that fascism is “of the left” is simple enough: If there is no gyre, no demons, nothing dark waiting out there beyond the current bounds, then there is never any reason to stop moving to the right. Fling open Overton’s window and let the right winds blow. There are no paths on the right that need to be guarded, nothing bad to watch out for. It’s all good stuff over there.

Historically, of course, this is nonsense. The whole concept of left and right, for more than a century, was specifically designed to describe the space where democracies could operate between those two walls. Fascism is intrinsically of the right. To claim otherwise would certainly be a shock to actual fascists, who not only railed against the left, but did not hesitate to lock up their citizens for the crime of expressing socialist sympathies—when they didn’t simply kill them en masse.

But that’s also part of the goal of the fascism relocation project. It doesn’t mean to assert there’s nothing to fear on the right; it’s an invitation to a new dimension, one that takes the far right off the axis to place it above politics as usual. Once that’s done, everything is permissible, anything is excusable in the defense of moving the nation more toward that wonderful, always brighter, place on the right—even if it means tearing down the whole engine of democracy. 

Dem Senator Joe Manchin Vows to Vote against Packing Court, Eliminating Filibuster

Dem Senator Joe Manchin Vows to Vote against Packing Court, Eliminating FilibusterSenator Joe Manchin (D., W.V.) vowed to oppose ending the filibuster and packing the Supreme Court in a Monday interview on Fox News, two actions many Democrats have called for over the past several months.Former president Obama has voiced support for ending the filibuster as a "Jim Crow relic" even though he himself used it to stall the confirmation of Justice Samuel Alito in 2006. During and after the confirmation of Justice Amy Coney Barrett in October, progressive Democrats pressured more moderate colleagues to support packing the court, or expanding the number of justices on the bench.However, Manchin promised in his interview with Bret Baier not to support potentially drastic moves by other Democrats. The comments were significant because if the Republican senators from Georgia are both defeated in runoff elections, the Senate will likely be tied at 50-50. In that case, Manchin would be able to scrap initiatives by simply withholding his support."I commit to you tonight, and I commit to all of your viewers and anyone else who's watching…when they talk about packing the courts, or ending the filibuster, I will not vote to do that," Manchin said. "Brett, this system, this Senate is [such a] unique body in the world. It was made to work together in a bipartisan way, and once you start breaking down those barriers, then you lose everything."Manchin also denounced support by members of his own party for efforts to "defund the police" and even to institute Medicare for All, which he said was practically impossible to pay for."I'm a proud moderate conservative Democrat. Maybe there's not many of us left but I can tell you what this country wants is moderation," Manchin said. "It was wrong for this many people to be split, for us not to be able to have a mess that didn't scare the bejeezus out of people and when you're talking about basically the Green New Deal and all this socialism, that's not who we are as a Democratic Party."The West Virginia senator has stuck with Democrats on a number of key issues, including voting for President Trump's impeachment and against the confirmation of Amy Coney Barrett. However, Manchin broke with Democrats to vote for Senator Tim Scott's police reform bill, and also voted to confirm Trump nominees Brett Kavanaugh and Neil Gorsuch to the Court.


Posted in Uncategorized

Peru ousts President Martin Vizcarra in impeachment vote

Peru ousts President Martin Vizcarra in impeachment votePeru's Congress voted Monday to impeach and oust President Martin Vizcarra over allegations he took kickbacks from developers while serving as a regional governor in 2014. After an impeachment trial that lasted nearly eight hours, the motion to remove the popular centrist president was approved by 105 votes to 19, with four abstentions – far exceeding the 87 votes needed to impeach. "The resolution declaring the vacancy of the presidency of the republic has been approved," declared Congress leader Manuel Merino, who under the constitution will take over the presidential functions until the end of the current term in July 2021. Mr Vizcarra declared he was leaving office with his head "held high," and ruled out taking legal action to resist Congress's decision. "I leave the government palace as I entered two years, eight months ago: with my head held high," he said, surrounded by his ministers on the patio of the government house, adding he would leave immediately for his private home. "I'm leaving with a clear conscience and with my duty fulfilled," said Mr Vizcarra, who enjoyed record levels of popularity in his 32 months in office. People held marches and banged pots and pans in a show of support for him in Lima and other cities after his impeachment. Mr Vizcarra's tumultuous presidency ended in a similar fashion to that of the man he replaced, Pedro Pablo Kuczynski, a former Wall Street banker who was forced to resign under threat of imminent impeachment over corruption allegations in 2018.


Posted in Uncategorized

Hakeem Jeffries again running to be No. 5 House Dem

Rep. Hakeem Jeffries on Monday formally declared his bid to remain chairman of the House Democratic Caucus, a position he’s expected to easily keep that would cement his role in the top tier of leadership in the new Congress.

The New York Democrat is expected to run unopposed and has wide support across the caucus. As the No. 5 House Democrat, Jeffries would remain a powerful voice in the party as members look to execute the agenda of President-elect Joe Biden — while securing a position that would allow him to quickly ascend the leadership ranks when Speaker Nancy Pelosi and her top two lieutenants — all in their 80s — ultimately step aside.

“From day one, House Democrats must act decisively to crush the virus, provide transformational relief to everyday Americans and revive the economy. At the same time, we must use our majority to address racial injustice, confront the climate crisis, defend the Dreamers, expand access to high-quality, affordable health care, fix our crumbling infrastructure and end the era of voter suppression,” Jeffries wrote in a letter to members Monday.

If elected again as caucus chairman, Jeffries and the rest of the Democratic leadership will be quickly forced to reckon with the raw ideological tensions that have surfaced since the party’s unexpected string of losses in Tuesday’s election. Democrats will retain control of the House, but have lost a net five seats — losses that are expected to grow as more races are called, prompting some tense discussions in the caucus between its centrist and left factions.

Jeffries’ profile has grown in recent years, appearing on the national stage as one of the Democrats’ impeachment managers in their case against President Donald Trump, as well as his role in the policing reform bill in the wake of George Floyd’s killing this summer.

Jeffries has also led the caucus during the many months since Democrats moved nearly all their meetings and interactions online, hosting a total of 60 caucus-wide calls since the start of the pandemic.

The New York Democrat is also a prolific fundraiser, pulling in $8.5 million in the most recent cycle.

Jeffries’ reelection as caucus chair could help position him to run for higher leadership positions in the future. Jeffries is often floated as a potential successor to Pelosi, which would make him the first Black speaker. Pelosi had once committed that this upcoming Congress would be her final term as speaker, though she has declined to answer questions about her future in recent weeks.

Posted in Uncategorized