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September 7, 2017

Sessions Is Wrong: There Is No Legal Justification for Ending DACA

Making good on a campaign pledge to his right-wing nativist base, Donald Trump has rescinded the Deferred Action for Childhood Arrivals (DACA) program. DACA was established by President Barack Obama to encourage young people without immigration papers, who were brought to the United States as children, to come out of the shadows and sign up for temporary protection against deportation. Trump’s heartless decision will throw approximately 800,000 “Dreamers” currently enrolled in DACA into limbo.Read more

August 30, 2017

Trump’s Arpaio Pardon Signals to White Supremacists: “I’ve Got Your Back”

On Friday, less than two weeks after refusing to unequivocally condemn the white supremacists and neo-Nazis in Charlottesville, Donald Trump granted former Arizona Sheriff Joseph Arpaio a rare presidential pardon, calling the notorious racist an “American patriot.” The pardon is noteworthy for many reasons.Read more

August 21, 2017

Time to Impeach Trump

As we mourn the death of Heather Heyer, murdered by a white supremacist at the Charlottesville “Unite the Right” rally on Saturday, and hope for the recovery of the dozens of other anti-racist counterdemonstrators injured that day, Donald Trump continues to fan the flames of hatred and bigotry he has nourished throughout his brief presidency.

The president’s reprehensible behavior in this moment creates a new sense of urgency. We cannot postpone consideration of impeachment until Special Counsel Robert Mueller finishes his criminal investigation. It is time to pressure the House of Representatives to bring articles of impeachment against Trump for his abuse of power. We must stop this president before he launches a new civil war and/or nuclear war.Read more

August 14, 2017

A Preemptive Strike on North Korea Would Be Catastrophic and Illegal

As Special Counsel Robert Mueller impanels two grand juries to investigate Donald Trump and his associates, and former Trump campaign manager Paul Manafort’s home is searched, Trump needs to distract attention from the investigation into his alleged wrongdoing.

North Korea has provided just such a distraction — albeit a potentially catastrophic one.

On Tuesday, Trump stated, “North Korea best not make any more threats to the United States. They will be met with fire and fury like the world has never seen.” Friday morning, Trump warned North Korea that the US military is “locked and loaded.”

Trump has learned that bombing other countries enhances a president’s popularity. In April, with 59 Tomahawk cruise missiles, each armed with over 1,000 pounds of explosives, he went from scoundrel-in-chief to national hero virtually overnight. The corporate media, the neoconservatives and most of Congress hailed Trump as strong and presidential for lobbing the missiles into Syria, reportedly killing nine civilians, including four children.Read more

August 10, 2017

Donald Trump vs. The Rule of Law

One of the most sacred duties of the president of the United States is to enforce the laws. The Take Care Clause, in Article II, §3 of the Constitution, says the president “shall take care that the laws be faithfully executed.”

Yet, six months after taking office, Donald Trump has demonstrated contempt for the rule of law. He has not only refused to enforce certain laws; he has become a serial lawbreaker himself and counseled others to violate the law.

Trump is undermining Obamacare, which is currently the law of the land. He is advocating police brutality. Plus, he has illegally bombed Syria, killed large numbers of civilians in Iraq and Syria, instituted an unconstitutional Muslim Ban, violated the Emoluments Clause and obstructed justice.

Each of these actions either violate or indicate an intention to violate the law.Read more

July 24, 2017

Trump Jr. Emails and Meeting With Russian Lawyer Are Probable Cause of Federal Crime

Donald Trump Jr.’s email communication and subsequent meeting with a lawyer connected to the Russian government constitute probable cause that he and his father’s presidential campaign violated the Federal Election Campaign Act (52 U.S.C. §§ 30101, 30121). It is not yet clear whether these events are sufficient to obtain a criminal conviction. Special counsel Robert Mueller’s team is amassing additional evidence, which could eventually lead to criminal prosecutions.

In a June 3, 2016, email chain Trump Jr. released on Twitter, British publicist and former tabloid reporter Rob Goldstone told Trump Jr. the Russian government had “some official documents and information that would incriminate Hillary.” Goldstone added, “This is obviously very high level and sensitive information but is part of Russia and its government’s support for Mr. Trump.” Seventeen minutes later, Trump Jr. replied, “if it’s what you say I love it.”

Six days later, on June 9, Trump Jr., then campaign manager Paul Manafort, and Jared Kushner, the president’s son-in-law and senior advisor, met with Natalia Veselnitskaya, a Russian lawyer with ties to the Kremlin, at Trump Tower. Trump Jr. arranged the meeting with the expectation of receiving negative information the Russian government supposedly had about Hillary Clinton.

These facts amount to probable cause that Trump Jr., the Trump campaign, and likely Manafort and Kushner committed federal election interference in violation of federal criminal law.Read more

Courts Must Hold Executive Branch Accountable for Drone Strikes

In 2012, the bin Ali Jaber family gathered in Khashamir, Yemen, for a wedding celebration. Ahmed Salem bin Ali Jaber (Salem) was asked to deliver a guest sermon, which challenged al Qaeda to justify its attacks on civilians. In response to his sermon, three strange men arrived to see Salem.

Fearing trouble, Salem asked Waleed bin Ali Jaber (Waleed), a police officer, to accompany him to meet the three men. A US-operated drone deployed four Hellfire missiles, killing all five men. Salem and Waleed were not the intended targets of the drone strike. The three strangers were not “high-level, high-value targets to the United States.” This was a “signature strike” in which the government targets anonymous suspected militants solely based on their pattern of behavior.

The Yemeni government ordered that the victims’ families receive approximately $55,000 as “condolence” payments. When a member of Yemen’s National Security Bureau offered a family member $1,000,000, the official stated the money was from the US government, but he later recanted when Faisal bin Ali Jaber (Faisal) asked the official to produce his statement in writing.

Drone Victims’ Relative Sues in Federal Court

Faisal, who was Salem’s brother-in-law and Waleed’s uncle, sued the US government in federal district court. He requested an apology for the wrongful deaths of his relatives and a declaration that the drone strike violated domestic and international law.Read more

July 8, 2017

Congress Must Reclaim War-Making Authority

 

The House Appropriations Committee unexpectedly passed an amendment to the Department of Defense Appropriations bill last week that would repeal the Authorization for Use of Military Force (AUMF) passed by Congress in 2001 after the 9/11 terrorist attacks. If this effort to revoke the AUMF proves successful, the repeal would effectively limit Donald Trump’s ability to use military force against North Korea, Iran and elsewhere.

In the 2001 AUMF, Congress authorized the president to use military force against groups and countries that had supported the 9/11 attacks. Congress rejected the George W. Bush administration’s request for open-ended military authority “to deter and preempt any future acts of terrorism or aggression against the United States.” ISIS (also known as Daesh) did not exist in 2001.

Although Congress limited the scope of the AUMF, it has nevertheless been used as a blank check for military force more than 37 times in 14 different countries, according to the Congressional Research Service.Read more

June 28, 2017

Gorsuch Leans Far Right in Muslim Ban Case

The Supreme Court has agreed to hear the first major test of the scope of executive power to protect national security since Neil Gorsuch joined the Court as associate justice.

Monday morning, the high court announced it will determine the legality of Donald Trump’s executive order establishing a Muslim travel ban when it reconvenes the first Monday in October.

In the meantime, the high court allowed parts of the ban to go into effect. Trump can now exclude foreign nationals who lack any bona fide relationship with a person or entity, such as a school, in the United States.

The high court’s majority ruling was signed “per curiam” (by the court), meaning that no justice took responsibility for writing it. Three justices — Clarence Thomas, Samuel Alito and Neil Gorsuch — dissented from the majority ruling, saying they would have upheld the exclusion of everyone covered by Trump’s ban without limitation. Gorsuch’s dissent, while perhaps not unexpected coming from a person who obediently defended torture, warrantless surveillance and runaway executive power under the Bush administration, portends a far-right tilt for the court’s newest justice.Read more

June 21, 2017

Trump Takes Aim at Obama’s Détente With Cuba

HAVANA — Making good on his deal with Sen. Marco Rubio (R-Florida) and Rep. Mario Díaz-Balart (R-Florida), President Donald Trump announced Friday that he plans to roll back some of the steps Barack Obama took to normalize relations between the United States and Cuba.

In 2015, Obama weakened restrictions on Americans traveling to Cuba and eliminated some of the economic prohibitions between the two countries. He removed Cuba from the list of state sponsors of terrorism and loosened the export of US internet hardware and telecommunications. He also set up increased cooperation in intelligence-gathering, drug interdiction, scientific research and environmental protection.

Obama made it easier for Americans to travel to Cuba. Nearly everyone can now visit Cuba without applying for a specific license. US airlines can fly there directly with cheaper fares; only general licenses are required for most travel to Cuba.

In his presidential policy guidance on Cuba, Trump reinstituted some restrictions on US travel to Cuba and US business relations with the island. He did not touch Obama’s loosened limits on Cuban-American travel and remittances to Cuba, however, because that would anger a significant voter base in Florida.

Trump also left in place the US embassy in Havana and the Cuban embassy in Washington, DC, that Obama established. And Trump did not end direct flights to Cuba by US airlines.Read more