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Showing posts with label Jay Sekulow. Show all posts
Showing posts with label Jay Sekulow. Show all posts

Wednesday, January 22, 2020

Fact check: Trump lawyers make at least three false claims during impeachment arguments





Know the facts. Educate others.
Let's not let lies just fester during this impeachment trial!!
CNN.COM
It's not true that Republicans weren't allowed into the closed-door hearings, that the Judiciary Committee denied Trump a lawyer, or that House Democrats took "33 days" to send the Senate the articles of impeachment.

Washington (CNN)President Donald Trump's legal team made at least three false claims during Senate impeachment proceedings on Tuesday, plus two more claims we'll call misleading.
We're still going through the transcript of the proceedings and will add to this list as necessary.

The closed-door hearings

Arguing that the House's impeachment inquiry was unfair to Trump, White House counsel Pat Cipollone complained about the closed-door House committee hearings at which witnesses were questioned in a room known as a Sensitive Compartmented Information Facility, or "SCIF."
    "Not even Mr. Schiff's Republican colleagues were allowed into the SCIF," Cipollone said, referring to House Intelligence Committee chairman Rep. Adam Schiff, who is also the Democrats' lead impeachment manager.
    Facts First: This is false. As Schiff noted in his response to Cipollone, the 48 Republican members of the three committees holding the closed-door hearings -- Intelligence, Foreign Affairs and Oversight -- were allowed into the SCIF, and they were given equal time to question witnesses.
    Cipollone might have been referring to an October stunt in which Republicans who were not members of any of the three committees, along with some Republicans who were members, stormed the room to make a political point; the non-members were not allowed to be there, and they eventually left after causing a delay. But the Republicans who were members were allowed to be full participants in the proceedings.
    Schiff said he would not suggest "Mr. Cipollone would deliberately make a false statement," but he said, "I will tell you this: He's mistaken. He's mistaken." He added that Republicans were not only allowed in but "more than that: they got the same time we did."

    The articles of impeachment

    Cipollone claimed that Democrats withheld the articles of impeachment for more than a month. "They held these articles for 33 days," he said. Trump lawyers Patrick Philbin and Jay Sekulow used the same "33 days" figure -- Sekulow repeatedly.
    "Thirty-three days -- 33 days, they held onto those impeachment articles -- 33 days. It was such a rush of national security that -- impeach this president before Christmas that they then held them for 33 days," Sekulow said.
    Facts First: While House Democrats did wait before they transmitted the articles of impeachment, they took 28 days, not 33. The House voted to impeach Trump on December 18, Democrats sent over the articles on January 15.

    The House Judiciary Committee

    Sekulow alleged that Trump's constitutional rights were violated by the House Judiciary Committee.
    "During the proceedings that took place before the Judiciary Committee, the President was denied the right to cross-examine witnesses, the President was denied the right to access evidence, and the President was denied the right to have counsel present at hearings," he said.
    Facts First: This is false. The chairman of the House Judiciary Committee, Rep. Jerry Nadler, formally invited Trump to have a lawyer participate in the proceedings in that committee -- but Cipollone declined the offer, saying in a letter to Nadler that "an invitation to an academic discussion with law professors does not begin to provide the President with any semblance of a fair process."
    Regardless, Sekulow was wrong when he continued that not having the President's lawyer question witnesses in a House impeachment hearing "violates the Constitution of the United States."
    Sekulow might perhaps have made an inadvertent error when he named the Judiciary Committee. Trump was indeed denied the right to have his own counsel participate in the preceding House Intelligence Committee hearings, during which the fact witnesses testified. (A lawyer for House Republicans, Steve Castor, was permitted to question witnesses at the House Intelligence Committee.)
    The constitutional rights of criminal defendants, such as the right to have the assistance of counsel and to call and confront witnesses, do not apply to the subjects of House proceedings. The Sixth Amendment, which grants these rights to criminal defendants, begins, "In all criminal prosecutions..."

    The timing of the military aid to Ukraine

    Cipollone said that the military aid to Ukraine was still delivered "on time": "Only in Washington would someone say that it's wrong when you don't spend taxpayer dollars fast enough, even if you spend them on time."
    Facts First: It's not true that the entire aid package to Ukraine was "on time." While Trump did lift his freeze on the aid on September 11, more than two weeks before a September 30 legal deadline, the delay caused by Trump's freeze meant that $35 million of the aid could not make it out the door fast enough to meet the deadline, according to impeachment testimony from Mark Sandy, deputy associate director for national security in the Office of Management and Budget.
    To deal with this problem, Congress had to pass an extension of the deadline. "Had that provision not been included, then any unobligated funds as of September 30th would have expired," Sandy testified.
    The Government Accountability Office, a nonpartisan watchdog agency that works for Congress, concluded that the aid freeze broke a law, the Impoundment Control Act.

    The Zelensky call and the aid

    Michael Purpura, deputy White House counsel, said of Trump's July phone call with Ukrainian President Volodymyr Zelensky: "There was no quid pro quo for anything. Security assistance funds aren't even mentioned on the call."
    Facts First: This is misleading. The rough transcript shows that while Zelensky did not bring up the security assistance funds in particular, he did raise Ukraine's desire to buy more Javelin anti-tank missiles -- which were not part of the delayed security assistance package on which the impeachment proceedings have been centered, but were clearly important to Ukraine.
    Trump immediately responded, "I would like you to do us a favor though," then asked Zelensky to look into a debunked conspiracy theory about Democratic computer servers. Later in the call, Trump asked Zelensky to look into the Bidens.
    In October, Trump's State Department announced that it had approved the possible sale of 150 Javelins, worth $39 million, to Ukraine.

    Mueller and obstruction

    Sekulow said: "And then we had the invocation of the ghost of the Mueller Report, I know something about that report -- it came up empty on the issue of collusion with Russia. There was no obstruction, in fact, the Mueller Report, to the contrary of what these managers say today -- came to the exact opposite conclusions of what they say."
    Facts First: Sekulow's wording was too vague for us to declare his claim false, but special counsel Robert Mueller's report on the Trump campaign's relationship with Russia did not come to a conclusion of "no obstruction," nor did it say "the opposite" of Democrats' claims that Trump did commit obstruction.
    Mueller laid out multiple instances in which Trump may have committed obstruction, but he explained that he would abide by a Justice Department policy that holds that a sitting president cannot be indicted.
      The report said: "...If we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, we are unable to reach that judgment. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him."
      Attorney General William Barr then determined that the evidence laid out by Mueller was "not sufficient to establish that the President committed an obstruction-of-justice offense."








      Friday, October 11, 2019

      Trump loses appeal over House subpoena for financial records







      By Pete Williams and Dartunorro Clark

      A federal appeals court ruled Friday that President Donald Trump's accounting firm must turn over financial records requested by a House committee, a legal blow to the administration's efforts to block congressional investigations of his finances.
      The House Oversight and Reform Committee sent a subpoena to Mazars USA, in April asking for documents related to Trump's accounts going back to January 2009. His lawyers sued to block the subpoena, arguing that Congress had no legitimate legislative purpose for getting the materials.
      But in a 2-1 ruling, a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said the committee "possesses authority under both the House rules and the Constitution to issue the subpoena, and Mazars must comply."
      The appeals court put a seven-day hold on the legal effect of its ruling, which will give Trump’s lawyers time to appeal. The president's lawyers could fight the ruling before the full appeals court or by going directly to the Supreme Court.
      “While we are reviewing the court’s lengthy decision, as well as Judge Rao’s dissent, we continue to believe that this subpoena is not a legitimate exercise of Congress’s legislative authority,” Trump's personal lawyer Jay Sekulow told NBC News.
      House Democrats said they needed the documents to investigate whether the president accurately filled out the required financial disclosure forms. Trump's former longtime attorney, Michael Cohen, told Congress in February that Trump "inflated his assets when it served his purposes" and deflated his assets in others.
      Committee Chairman Elijah Cummings, D-Md., said Cohen's testimony and other documents "raise grave questions about whether the President has been accurate in his financial reporting."
      In a statement Friday, Cummings called the appeals court's ruling "a fundamental and resounding victory for Congressional oversight, our Constitutional system of checks and balances, and the rule of law."
      "For far too long, the President has placed his personal interests over the interests of the American people," Cummings said, adding that the committee must "fulfill our stated legislative and oversight objectives and permit the American people to obtain answers about some of the deeply troubling questions regarding the President’s adherence to Constitutional and statutory requirements to avoid conflicts of interest."
      Trump's lawyers went to the appeals court after a federal judge in Washington ruled that the accounting firm must turn over the materials sought by subpoena.
      "Having considered the weighty interests at stake in this case, we conclude that the subpoena issued by the Committee to Mazars is valid and enforceable," the appeals court said Friday, adding, "Disputes between Congress and the president are a recurring plot in our national story."
      Judges David Tatel and Patricia Millett, who were appointed by Presidents Bill Clinton and Barack Obama, respectively, voted in favor of the committee. In her dissent, Judge Neomi Rao, who was appointed by Trump, said the House exceeded its authority in issuing the subpoena.
      "The Constitution and our historical practice draw a consistent line between the legislative and judicial powers of Congress," Rao wrote. "The majority crosses this boundary for the first time by upholding this subpoena investigating the illegal conduct of the President under the legislative power."
      "When the House chooses to investigate the President for alleged violations of the laws and the Constitution, it must proceed through impeachment, an exceptional and solemn exercise of judicial power established as a separate check on public officials," she wrote.
      House Speaker Nancy Pelosi, D-Calif., called the court's decision a "major victory" in a statement on Friday.
      "The court rejected the administration’s defiance of Congress’s oversight authority," she said, later adding, "The president’s actions threaten our national security, violate our constitution and undermine the integrity of our elections. No one is above the law. The President will be held accountable."

      New York case

      Friday's decision came in a case separate from other efforts by Congress and a prosecutor in New York to get access to the president's tax returns. That legal battle is still working its way through the courts.


      In the New York case, the president is seeking to block prosecutors from obtaining his financial records related to hush-money payments made ahead of the 2016 presidential election to two women who claim to have had extramarital affairs with Trump. Trump has denied the affairs.
      Trump’s attorneys argued that he was immune from criminal investigations as president, but on Monday, Manhattan federal Judge Victor Marrero rejected that lawsuit, arguing that it was "unqualified and boundless."
      Trump swiftly appealed to the 2nd U.S. Circuit Court of Appeals, which issued a stay on the subpoena until it considers all of the arguments. 


      VIDEO ON LINK
      LINK



      Thursday, October 3, 2019

      James Risen | Trump Lawyer Jay Sekulow: "We've Got to Get on Top of This Thing"







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      02 October 19
      It's Live on the HomePage Now:
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      James Risen | Trump Lawyer Jay Sekulow: "We've Got to Get on Top of This Thing"
      Jay Sekulow, chief counsel of the American Center for Law and Justice, introduces then-Republican presidential candidate Jeb Bush during a presidential candidate forum at Regent University in Virginia Beach, Va., on Oct. 23, 2015. (photo: Steve Helber/AP)
      James Risen, The Intercept
      Risen writes: "Trump and his advisers have lost control of the scandal stemming from his efforts to get a foreign government to help him destroy his political rival, former Vice President Joe Biden."





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      Speaker Nancy Pelosi and Rep. Adam Schiff. (photo: Getty)
      Speaker Nancy Pelosi and Rep. Adam Schiff. (photo: Getty)
      Democrats Warn 'We're Not Fooling Around,' Say White House Will Face Subpoena
      John Wagner and Felicia Sonmez, The Washington Post
      Excerpt: "House Intelligence Committee Chairman Adam B. Schiff warned the White House Wednesday that 'we're not fooling around here' on the impeachment inquiry as Democrats announced that they would subpoena documents related to Trump's July phone call with the leader of Ukraine."
      READ MORE

      A photo of Botham Jean leans against Judge Tammy Kemp's bench during the murder trial of former Dallas police officer Amber Guyger in Dallas on Sept. 24, 2019. (photo: Tom Fox/The Dallas Morning News)
      A photo of Botham Jean leans against Judge Tammy Kemp's bench during the murder trial of former Dallas police officer Amber Guyger in Dallas on Sept. 24, 2019. (photo: Tom Fox/The Dallas Morning News)

      Botham Jean Family's Lawyer Hails White Cop's Murder Conviction as "Precedent-Setting Case"
      Democracy Now!
      Excerpt: "We believe that this is the first time that a white policewoman has ever been convicted of murder of a black man in America."






      GM Employee walks the picket line with a United Auto worker union sign. (photo: Matt Rourke/AP)
      GM Employee walks the picket line with a United Auto worker union sign. (photo: Matt Rourke/AP)

      General Motors Feeling the Squeeze as Auto Workers' Strike Enters Third Week
      Naomi LaChance, Splinter
      LaChance writes: "The United Automobile Workers union continues to negotiate with General Motors for improved work conditions. More than 48,000 workers have been on strike in the U.S. since Sept. 16 over wages, healthcare, and job security. On Tuesday, the union submitted a counterproposal for a contract deal."
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      Pete Buttigieg. (photo: Daniel Acker/Bloomberg)
      Pete Buttigieg. (photo: Daniel Acker/Bloomberg)

      Mayor Pete Is Starting to Annoy Almost Everyone Else in the 2020 Race
      Hanna Trudo, The Daily Beast
      Trudo writes: "The South Bend mayor has gone after many of his primary rivals in recent weeks, save one."
      READ MORE

      Memorial in Istanbul for Jamal Khashoggi. (photo: Reuters)
      Memorial in Istanbul for Jamal Khashoggi. (photo: Reuters)



      At Istanbul Memorial for Jamal Khashoggi, a Moment's Silence Then Shouts for Justice
      Kareem Fahim, The Washington Post
      Fahim writes: "The memorial service for Jamal Khashoggi was held in the shadow of the Saudi Consulate on Wednesday, on the first anniversary of his death, at the minute he walked through the consulate door, at the last moment that anyone who cared about the journalist saw him alive."
      READ MORE

      Tropical reefs are chocked full of marine life. (photo: Brian Kenney/shutterstock)
      Tropical reefs are chocked full of marine life. (photo: Brian Kenney/shutterstock)

      White House Eliminates Advisory Boards for Marine Life, Invasive Species
      Miranda Green, The Hill
      Green writes: "The Trump administration is disbanding two federal advisory boards focused on protecting marine life and battling invasive species."
      READ MORE





      Friday, March 29, 2019

      FOCUS: Emily Jane Fox | How Ivanka's Lawyer Tried to Influence Cohen's Testimony





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      Reader Supported News
      28 March 19
      It's Live on the HomePage Now:
      Reader Supported News


      FOCUS: Emily Jane Fox | How Ivanka's Lawyer Tried to Influence Cohen's Testimony 
      Ivanka Trump. (photo: Al Drago/Getty)
      Emily Jane Fox, Vanity Fair
      Fox writes: "Not terribly long into Michael Cohen's public testimony before Congress last month - after he referred to President Donald Trump as a cheat, racist, and con man, but before he showed the Oversight Committee financial documents that he said proved his former boss manipulated his assets in order to deceive banks and insurance companies - Cohen took a moment to apologize."
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      Tuesday, August 7, 2018

      Charles Pierce | Brett Kavanaugh Was Involved in 3 Different Crises of Democracy



      DEAR RUSSIAN TROLLS: 

      THE 2ND ARTICLE ABOUT YOUR SPY MIKE FLYNN MIGHT BE OF INTEREST TO YOU...INTERESTING HOW JAY SEKULOW IS DEFENDING HIM.... 

      WHAT'S UP WITH THAT ? 



      Reader Supported News
      06 August 18 AM
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      Charles Pierce | Brett Kavanaugh Was Involved in 3 Different Crises of Democracy 
      Mitch McConnell, Brett Kavanaugh and Mike Pence. (photo: Chip Somodevilla/Getty Images)
      Charles Pierce, Esquire
      Pierce writes: "There were three crises in democracy immediately prior to the current one, and all of them benefitted Kavanaugh's political mentors and helped him build his career."
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      Jay Sekulow, Donald Trump's lawyer on the Trump investigation. (photo: ABC News)
      Jay Sekulow, Donald Trump's lawyer on the Trump investigation. (photo: ABC News)

      Trump Lawyer: President's Meddling to Help Flynn Was Like Stopping FBI Spying on Martin Luther King
      Josh Israel, ThinkProgress
      Israel writes: "Jay Sekulow, Donald Trump's lawyer on the Trump investigation, compared the president's apparent attempt to shut down the investigation into his national security adviser with efforts of protect the civil rights movement in the 1960s from illegal spying."
      READ MORE

      Senator Bernie Sanders. (photo: Greg Nash/Getty Images)
      Senator Bernie Sanders. (photo: Greg Nash/Getty Images)

      Sanders Boosts Progressive Candidate Ahead of Michigan Governor Primary
      Max Greenwood, The Hill
      Greenwood writes: "Sen. Bernie Sanders (I-Vt.) sought to boost Michigan Democratic gubernatorial candidate Abdul El-Sayed in Detroit on Sunday, delivering a last-minute pitch to voters to cast their ballot for the progressive hopeful in the state's primaries on Tuesday."
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      Gettysburg, Pennsylvania residents respond to calls for donations for separated migrant children housed in a Baltimore, Maryland facility. (photo: M. Kornely/VOA)
      Gettysburg, Pennsylvania residents respond to calls for donations for separated migrant children housed in a Baltimore, Maryland facility. (photo: M. Kornely/VOA)


      Family Separation Policy Galvanizes Americans
      Bill Rodgers, VOA News
      Rodgers writes: "Galvanized by the Trump administration's now-ended policy of separating detained migrant parents and children, dozens of residents of Gettysburg, PA, showed up with their donations and to attend a forum to learn more about immigration advocacy."
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      Homeless in San Francisco. (photo: Melanie Stetson Freeman/CS Monitor)
      Homeless in San Francisco. (photo: Melanie Stetson Freeman/CS Monitor)

      San Francisco Ballot Initiative Would Tax Richest Businesses to Help Homeless
      Danielle McLean, ThinkProgress
      McLean writes: "San Francisco, the most expensive city in the country, has a crisis-level homelessness problem - like most other major U.S. cities do. There are over 7,000 people in San Francisco experiencing homelessness, but each night there are wait lists of 1,000 or more people trying to secure one of the available 2,300 temporary shelter beds."
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      Security agents respond to a claimed assassination attempt on President Maduro, who is partly visible behind protective screen. (photo: Xinhua/Rex/Shutterstock)
      Security agents respond to a claimed assassination attempt on President Maduro, who is partly visible behind protective screen. (photo: Xinhua/Rex/Shutterstock)

      Crackdown Feared After Venezuelan President Survives Alleged Attack
      Joe Parkin Daniels and Mariana Zúñiga, Guardian UK
      Excerpt: "Venezuela's opposition has warned that President Nicolás Maduro may launch a political crackdown after he accused adversaries of attempting to assassinate him with drones loaded with explosives on Saturday."
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      A worker walks along a row of computer rigs that run around the clock 'mining' bitcoin in Keflavik, Iceland. Energy demand has spiked because of the soaring cost of producing the cryptocurrency. (photo: Egill Bjarnason/AP)
      A worker walks along a row of computer rigs that run around the clock 'mining' bitcoin in Keflavik, Iceland. Energy deman

      Move Over, Bitcoin Bros: A Green Cryptocurrency Is Here
      Eric Holthaus, Grist
      Holthaus writes: "To say that the cryptocurrency known as Bitcoin eats a lot of energy is an understatement. If Bitcoin were a country (praise be to the libertarian god that it's not), it would be the 39th most energy-intensive place in the world, running on a similar amount of power to Austria."
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