blog

January 11, 2019

If Trump Declares a National Emergency, He’ll Be Breaking the Law

Congress refuses to enact legislation containing the nearly $6 billion that Donald Trump is demanding for an unnecessary wall on the southern US border. In response, Trump is considering whether to declare a national emergency, take money Congress has appropriated for other purposes, and divert it to build his wall. But under US law, the president cannot usurp the spending power the Constitution grants only to Congress.

Desperate to appease his right-wing base and Fox News pundits, Trump backed off his commitment to sign a bill that would have reopened the government that has been shuttered for 20 days. Although Congress unanimously supported that bill, Trump is stubbornly holding out for money to build his wall, continuing to hold the American people hostage. One quarter of the federal workforce has not been paid, airline safety is imperiled, the Food and Drug Administration is postponing food safety inspections and national parks are being desecrated while Trump plays wall politics.Read more

January 7, 2019

As Trump Orders US Out of Afghanistan, Notorious CIA-Backed Units Will Remain

Politicians and pundits alike have roundly criticized Donald Trump for stating he will pull our troops out of Syria and cut US forces in Afghanistan by half. James Mattis immediately resigned as secretary of defense, writing in a letter to Trump, “you have the right to have a Secretary of Defense whose views are better aligned with yours.”

As the US military kills civilians in Syria and CIA-led Afghan forces continue to commit war crimes, it appears Trump is doing the right thing in pulling out military troops. But the CIA will remain and grow stronger after the US troops leave. “[A]s American military forces are set to draw down, the role of the Central Intelligence Agency is only likely to grow in importance,” according to The New York Times.

On December 31, The Times described a CIA-sponsored Afghan strike force that operates “unconstrained by battlefield rules designed to protect civilians, conducting night raids, torture and killings with near impunity.” In the article, journalist Mujib Mashal cites an October 2018 United Nations report that raised concern about “consistent, credible accounts of intentional destruction of civilian property, illegal detention and other abuses.”

Mashal reports that the abuses by the CIA “are actively pushing people toward the Taliban” and when few US military troops remain, “the [CIA-led] strike forces are increasingly the way that a large number of rural Afghans experience the American presence.” Indeed, Mohibullah, whose relative was killed when his home was attacked by a strike force, told The Times he saw “no difference between the CIA-sponsored force and the Islamic State if the result was to be attacked with no warning.”Read more

December 30, 2018

School Employee Sues District for Israel Loyalty Oath in Contract

In a return to the bad old days of McCarthyism, Bahia Amawi, a US citizen of Palestinian descent, lost her Texas elementary school job after refusing to pledge in writing that she would not participate in the Boycott, Divestment and Sanctions (BDS) movement. Earlier this month, Amawi sued the school district that fired her.

The BDS movement against Israel has become a hot button issue in the closing month of 2018. A bipartisan group of senators tried to attach the Israel Anti-Boycott Act to the unanimous spending bill that Trump almost signed to avoid the current government shutdown. Meanwhile, Donorbox, a US software company, blocked the BDS fundraising account at the behest of a pro-Israel group.Read more

December 18, 2018

Trump Can and Should Be Indicted

As evidence of law breaking by Donald Trump continues to emerge, commentators are speculating about whether a sitting president can be indicted. The Department of Justice has twice opined in the negative — during both the Nixon and Clinton administrations. But nothing in the Constitution would prevent Trump from being criminally indicted while he occupies the Oval Office.

Trump is apparently implicated in at least three federal criminal investigations. Special Counsel Robert Mueller is examining violations of campaign finance laws in connection with Trump Tower Moscow. Prosecutors in the Southern District of New York have documented campaign finance violations stemming from hush money paid to Trump’s alleged paramours in order to influence the presidential election. And the New York US attorney’s office is analyzing whether Trump’s inaugural committee received illegal payments for presidential access and policy influence.Read more

December 11, 2018

Public Pressure Could Halt US Support of Yemen War

US tax dollars are supporting Saudi Arabia’s war in Yemen, which has already claimed the lives of some 85,000 children, and 12 million more people are likely on the brink of starvation. As Nicholas Kristof wrote in The New York Times, “the starvation does not seem to be an accidental byproduct of war, but rather a weapon in it.”

The United States has long been a staunch ally of Saudi Arabia, and both the Obama and Trump administrations have provided considerable military support to the Saudi war in Yemen.

But Saudi Crown Prince Mohammed bin Salman’s involvement in the torture and murder of journalist Jamal Khashoggi has finally spurred both Democrats and Republicans to take steps to end US military involvement in Yemen.

On November 28, the Senate voted 63-to-37 to advance a resolution that would direct the removal of US Armed Forces from hostilities in Yemen. However, S. J. Res. 54 carves out an exception for continued US-supported military measures against “al Qaeda or associated forces” that could be twisted to rationalize nearly any military assistance Donald Trump provides to Saudi Arabia in Yemen.Read more

November 28, 2018

Matthew Whitaker Was Illegally Appointed and Should Be Removed

After forcing Jeff Sessions to resign as attorney general on November 7, President Trump appointed Matthew Whitaker as acting attorney general, even though Deputy Attorney General Rod Rosenstein was next in line for the job. As a result, Whitaker assumed the functions of attorney general.

Whitaker’s appointment was an illegal and blatant end run around the Attorney General Succession Act and the Appointments Clause of the Constitution. Whitaker must be removed and Rosenstein should be appointed acting attorney general.

Trump’s firing of Sessions and replacement with Whitaker appears to be an effort to terminate or dilute special counsel Robert Mueller’s investigation into ties between Russia and the Trump election campaign. Infuriated after Sessions recused himself from the Russia investigation and Rosenstein appointed Mueller as special counsel, Trump had been champing at the bit to replace Sessions with an attorney general who would have his back. As acting attorney general, Whitaker will assume authority over the Mueller probe.Read more

November 20, 2018

Trump’s Military Deployment to the US-Mexico Border Is Illegal

Donald Trump’s decision to send thousands of troops to the US-Mexican border to intercept migrants who intend to apply for asylum is not just a bald-faced political stunt — it is also illegal.

Passed in 1878 to end the use of federal troops in overseeing elections in the post–Civil War South, the Posse Comitatus Act forbids the use of the military to enforce domestic US laws, including immigration laws. For this reason, Trump’s decision to deploy the military to the border to enforce US immigration law against thousands of desperate migrants from Central America — who have undertaken the perilous journey over 1,000 miles through Mexico to the US border in order to apply for asylum — is an unlawful order.Read more

November 9, 2018

Fierce Critic of Mueller Probe Now Has Power to Sabotage the Investigation

The day after the midterm elections, Donald Trump fired Attorney General Jeff Sessions and appointed Trump loyalist Matthew Whitaker as acting attorney general. Whitaker, who has criticized the Mueller probe in the past, could fire Robert Mueller or defang his investigation.

Although Sessions was faithfully carrying out Trump’s draconian agenda on civil rights, immigration and policing, the president had Sessions in his sights since the latter recused himself from the Russia investigation in March 2017. Sessions’s recusal resulted from his failure to disclose at his confirmation hearing that he met with Russian officials when he was a Trump campaign adviser in 2016. The recusal paved the way for the appointment of Mueller as special counsel by Deputy Attorney General Rod Rosenstein in May 2017.

Champing at the bit to fire Sessions, Trump was convinced by his advisers to wait until after the midterms to avoid harming GOP candidates.

Sessions’s recusal infuriated Trump because it resulted in Rosenstein appointing Mueller as special counsel. Mueller has been methodically following his mandate to investigate “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump” and “any matters that arose or may arise directly from the investigation.”

So far, Mueller’s probe has produced criminal charges against 32 individuals, including 26 Russians, and four close Trump aides have entered guilty pleas.Read more

November 6, 2018

Trump’s Judges Imperil Our Rights for Decades

In less than two years as president, Donald Trump has already put two radical right-wing justices on the Supreme Court, cementing a conservative majority on the Court for decades. He has also placed 29 right-wing judges on the federal circuit courts of appeals with more in the works by the end of the year. These judicial appointments threaten to endanger our rights for years to come.

We are painfully aware of how Trump and his GOP congressional leadership stole a Supreme Court appointment from Barack Obama and installed Neil Gorsuch, who has delivered conservative decisions as expected. And millions of us watched horrified as Brett Kavanaugh, Trump’s second Supreme Court pick, laid bare his right-wing bona fides as he lied under oath about a number of things and rallied conservatives in defense of rape culture.

Kavanaugh, who joined the high court on October 9, has not yet had the opportunity to rule on a case. But he showed his true colors during oral argument in Nielsen v. Preap, a case involving the right to a hearing for immigrants with criminal records before being imprisoned during the pendency of their deportation proceedings. Kavanaugh, who whined about being deprived of due process when he was accused of sexual assault, appears poised to vote with his fellow right-wing justices and deny immigrants who have already served their time any due process at all.

There is widespread focus on Trump’s two Supreme Court nominees. But there is less public awareness of how Trump has been systematically packing the federal circuit courts of appeals with conservative judges who are already slashing the rights of workers, immigrants, women, LGBTQ people, consumers, voters, the environment, people accused of crime and whistleblowers.Read more

October 31, 2018

Trump Administration Ramps Up Threats Against Iran

The alleged torture, murder and dismemberment of journalist Jamal Khashoggi, widely believed to have been carried out on orders of Saudi Crown Prince Mohammed bin Salman, may put a crimp in Donald Trump’s plans to escalate his aggression against Iran.

Saudi Arabia, the United States and Israel are unified in their hatred of Iran, albeit with different motives. Iran has been in the crosshairs of the United States since the 1979 Iranian Revolution overthrew the vicious, US-installed puppet Mohammad Reza Shah Pahlavi; indeed, in 2002, George W. Bush initiated Iran into his “axis of evil.” Saudi Arabia, home to the two holiest Muslim sites, sees Shiite Iran as a rival for regional hegemony. And Israel considers Iran an “existential threat.”

“Trump administration officials and outside experts said that possible repercussions on an elaborate plan to squeeze the Iranians have dominated internal discussions about the fallout over what happened to Mr. Khashoggi,” David Sanger reported in The New York Times.Read more