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babylonsister

babylonsister's Journal
babylonsister's Journal
December 9, 2019

DOJ argues Congress can't take non-legislative steps against Trump on emoluments


DOJ argues Congress can't take non-legislative steps against Trump on emoluments
By Harper Neidig - 12/09/19 11:54 AM EST



The Department of Justice argued before a federal appeals court on Monday that the only way for Congress to take action against President Trump over alleged violations of the Constitution’s emoluments clause would be to pass legislation.

During oral arguments before the D.C. Circuit Court of Appeals on Monday, Hashim Moopan, an attorney with the Justice Department, said that a group of lawmakers suing Trump have no recourse other than legislation for taking action if they think the president has violated the Foreign Emoluments Clause.

“The only role that the constitution gives Congress with respect to the Foreign Emoluments Clause is to allow [emoluments],” Moopan said.

“The Constitution already prohibits the acceptance of emoluments, absent congressional consent. So unless they are going to stand up here and say that what they really want to do is approve them, and that's why they're so injured, their argument just doesn't make any sense,” Moopan said.


The courts are grappling with how to interpret the constitution’s Foreign Emoluments Clause which prohibits government officials from accepting “any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State” without the consent of Congress.

A group of more than 200 Democratic lawmakers are arguing that the president robbed them of their role to approve any emoluments he receives by not seeking congressional consent.

The provision has largely gone unexamined by the courts over the past 230 years, but was revived in several cases against the president for not selling off his network of private businesses, including hotels frequented by foreign diplomats.

more...

https://thehill.com/regulation/court-battles/473672-justice-argues-congress-cant-take-non-legislative-steps-against?fbclid=IwAR1Mj1q60iKmNunD9AsjieXT-vDvLIXV3F93WkNivMm6UMB0I1ecdUBxHRg
December 9, 2019

Democratic Lead Counsel Makes The Case For Trump Impeachment In Less Than 2 Minutes

Yep. I thought he did a great job, and succinct!

https://www.politicususa.com/2019/12/09/case-for-trump-impeachment-2-minutes.html

Posted on Mon, Dec 9th, 2019 by Jason Easley
Democratic Lead Counsel Makes The Case For Trump Impeachment In Less Than 2 Minutes


Berke said at Monday’s Trump impeachment hearing:

But the reason we have not heard from all the witnesses or documents is because President Trump himself has obstructed the investigation. He’s directed his most senior aides who were involved in some of these events not to come testify. To defy subpoenas. He has told every one of his agencies with records that could bag relevant not to produce those records to us, to try to obstruct our investigation. Now, this is evidence that President Trump is replaying the playbook used in the prior Department of Justice investigation.

In that investigation he directed his white house counsel to create a false, phony record and document and lie, denying that President Trump had told him to fire the special counsel. He did many other things to try to interfere with that investigation. He attacked the investigators and witnesses and called them horrible names, just as he has done here.

And President Trump thought he got away with it. On July 24th was the day that special counsel — the special counsel testified before this committee and the House Intelligence Committee. The 24th. It was exactly the following day, the 25th, that President Trump spoke to president zelensky in furtherance of his Ukrainian scheme. He thought he got away with it and he thought he could use his powers to interfere with that investigation, so he could do what he wanted. He could act like he was above the law. And if he got caught, he would again use his powers to try to obstruct the investigation and prevent the facts from coming and that’s exactly what he did.

But fortunately, fortunately, because of the true American patriots who came forward to testify, despite the threats by the president against the people who worked in his own administration, they told the story. They on their own produced documents that provide uncontroverted, clear and overwhelming evidence that President Trump did this scheme. He put his political re-election interests over the nation’s national security and the integrity of its elections.


https://twitter.com/i/status/1204057123811930113

Berke took less than two minutes to lay out the case against Trump. The reason why the Russia investigation playbook has failed Trump this time is that there is direct evidence of the president’s scheme. Witnesses have come forward, and there is an easy story to tell.

Donald Trump abused his power to pressure a foreign country to interfere on his behalf in the 2020 election, and that’s why he deserves to be impeached.

December 9, 2019

New Zealand eruption: No survivors on White Island after volcano suddenly erupts, say police


New Zealand eruption: No survivors on White Island after volcano suddenly erupts, say police
'No signs of life have been seen at any point,' say officials
Jon Sharman
1 hour ago


There are no more survivors of the volcanic eruption on New Zealand‘s White Island, police believe.

Earlier, officials had said the blast had left five people dead, but that number will now rise to include those people who were still on the island when it erupted.

“No signs of life have been seen at any point,” police said.

Top officers had previously said it was too dangerous for emergency workers to search the unstable island for survivors.

About 50 people, New Zealanders as well as foreign tourists, were feared to have been nearby and several were seen near the rim of the crater minutes before the eruption.

Many day tours visit the island regularly, and one from the Ovation of the Seas cruise liner was there at the time. Australian tourists were reportedly caught up in the blast.

more...

https://www.independent.co.uk/news/world/australasia/new-zealand-volcano-eruption-white-island-news-dead-whakaari-latest-a9238836.html
December 9, 2019

Biden, Ignoring 3/4 of his VP Tenure, Says Sharing Power With Republicans Is a Good Thing

https://www.rollingstone.com/politics/politics-news/biden-sharing-power-with-republicans-is-a-good-thing-923669/


December 7, 2019 2:07PM ET
Biden, Ignoring Three-Quarters of His Vice-Presidential Tenure, Says Sharing Power With Republicans Is a Good Thing
“I’m really worried that no party should have too much power,” the presidential candidate said
By Peter Wade


During an interview with reporters on his “No Malarkey” campaign bus in Iowa, Democratic presidential candidate Joe Biden expressed concerns about Republicans possibly getting “clobbered” in the upcoming election mainly because of President Donald Trump.

The candidate said he’s held back on his “ass-kicker” side because he knows the American people want someone who can get things done and work with the other side.

“I mean look, everybody, anybody who knows me in politics including Trump knows they’re not going to be able to screw around with me. Not a joke,” Biden continued. “But that’s not what this is about. I think what the American people want to know is how am I going to make their life better.”

Biden went on to say that he thinks it’s important to have a political balance and the possible lack thereof concerns him. “I’m really worried that no party should have too much power,” Biden said. “You need a countervailing force. You can’t have such a dominant influence that then you start to abuse power. Every party abuses power if they have too much power.”

snip//

Republicans, meanwhile, used Trump’s first two years in office to ram through absolutely everything they could, including trillions in tax giveaways to corporations and the rich, despite having only the slimmest of Senate majorities.

For Republicans, “sharing power” is only important when Democrats have control — and Biden should know that better than anyone.
December 9, 2019

Trump heads to court in fight over emoluments

Trump heads to court in fight over emoluments
By Harper Neidig - 12/08/19 06:03 PM EST



The Trump administration is heading to court this week in two lawsuits charging that the president is violating the Constitution by profiting off of his hotels and other businesses while in office.

The cases revolve around the Constitution’s once-obscure emoluments clauses, which critics say President Trump has flouted, giving foreign diplomats an opening to curry favor with him by patronizing his businesses.

On Monday, a panel of judges on the D.C. Circuit Court of Appeals will hear oral arguments over whether members of Congress can sue the president for alleged emoluments violations, and on Thursday, the full 4th Circuit Court of Appeals will hear arguments over whether state attorneys general can bring their own case.

The high-stakes arguments come as the president is facing an impeachment inquiry in the House and as he has appealed to the Supreme Court to shield his financial documents in multiple lawsuits.

The Constitution’s Foreign Emoluments Clause was included in order to prevent corruption and foreign influence of the federal government. It says that "no Person holding any Office of Profit or Trust under [the United States], shall, without the Consent of Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."

Another provision known as the Domestic Emoluments Clause prohibits the president from receiving emoluments from any of the states.

more...

https://thehill.com/regulation/court-battles/473480-trump-heads-to-court-in-fight-over-emoluments?fbclid=IwAR0mAHnbQR8fhOKPKGzEamQPwVNIsdWVG2EHSR7PjJBUeh10-wOd-OFW7zQ

December 8, 2019

Opinion: Fuller Picture Shows Trump's Policies are Devastating to Americans' Economic Well-Being


Posted on Sat, Dec 7th, 2019 by Tim Libretti
Opinion: Fuller Picture Shows Trump’s Policies are Devastating to Americans’ Economic Well-Being

snip//

“The economy” is not the same thing as people’s economic life and livelihood.

As Steven Horwitz, Distinguished Professor of Free Enterprise at Ball State University, reminds us, “The economy isn’t a thing.” He explains, “Things are not ‘good/bad for the economy.’ They are good or bad for the people . . . Trump’s policies may well enrich many firms, but they will impoverish the average American.”

When we paint a fuller, more detailed, and indubitably more accurate picture of the economy, we can see very clearly the way Trump’s policies on healthcare, education, the environment, taxes tariffs, food stamps, and more, have inflicted and promise to inflict more pain on Americans’ pocketbooks and lives.

One place to start in providing a more accurate view of Trump’s handling of the economy is with the deficit.

Reports indicated that in October the federal government’s budget deficit ballooned 34% from a year earlier to $134.5 billion, projecting that the annual deficit will top $1 trillion for the first time in eight years.

Hmmm. If the economy is booming, shouldn’t the federal government’s coffers be filling up and not depleting?

more...

https://www.politicususa.com/2019/12/07/opinion-fuller-picture-shows-trumps-policies-are-devastating-to-amercians-economic-well-being.html
December 8, 2019

'Trump changed everything': Big cities break hard left in Dem primary


‘Trump changed everything’: Big cities break hard left in Dem primary
Mayors are under increasing pressure to embrace the leading progressive candidates.
By HOLLY OTTERBEIN
12/08/2019 06:52 AM EST
Updated: 12/08/2019 07:29 AM EST



PHILADELPHIA — In the shadow of Joe Biden’s campaign headquarters sitting across from City Hall, Elizabeth Warren has snagged endorsements from Mayor Jim Kenney, District Attorney Larry Krasner, and two incoming City Council members here.

It’s a far cry from the 2016 primary, when the vast majority of the city’s Democratic establishment lined up behind Hillary Clinton, and gave the cold shoulder to her progressive opponent, Bernie Sanders.

From New York City to Los Angeles, many of the nation’s biggest cities have turned even harder to the left under President Donald Trump, putting pressure on local officials to embrace the leading progressive presidential candidates — or withhold their endorsements entirely for fear of antagonizing newly energized activists. It’s a drastic political shift in some places, where for decades entrenched party bosses crushed any signs of life on the left or tended to put the weight of big-city institutional support behind Democratic establishment-oriented candidates.

“The progressive, structural change agenda has captivated the grassroots, and local elected officials are the first people to notice those changes and trends and adapt,” said Maurice Mitchell, national director of the left-wing Working Families Party. “There is a ceiling on transactional, machine power. It’s considerable, it’s real — but there’s a ceiling on it.”


Part of the leftward turn is the result of a surge of progressive candidates taking office in recent years. In Chicago, six democratic socialists currently sit on City Council — up from one in 2017 — and all of them have endorsed Sanders. Krasner, the Philadelphia D.A., was elected in 2017 with the aid of the pro-Warren Working Families Party and Sanders-founded Our Revolution. In New York City, Rep. Alexandria Ocasio-Cortez and state Sens. Jessica Ramos and Julia Salazar endorsed Sanders; they all won office in 2018.

“Elizabeth Warren and Bernie Sanders have been very willing to involve themselves in local issues. That’s unusual.”

- Larry Ceisler, longtime Philadelphia political observer


more...

https://www.politico.com/news/2019/12/08/cities-progressive-democrats-2020-077758
December 8, 2019

Nadler: A jury would convict Trump in 'three minutes flat'


Nadler: A jury would convict Trump in 'three minutes flat'
By Rebecca Klar - 12/08/19 10:18 AM EST


House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) said Sunday that he is confident in the case against President Trump ahead of a vote on impeachment.

“We have a very rock-solid case,” Nadler said Sunday on CNN’s “State of the Union.”

“I think the case we have, if presented to a jury, would be a guilty verdict in about three minutes flat,” he added.


The top Judiciary Democrat also dismissed Republicans' "nonsense about hearsay evidence," saying there is "considerable direct evidence."

“And it ill behooves a president or his partisans to say you don’t have enough direct evidence when the reason we don’t have even more direct evidence is the president has ordered everybody in the executive branch not to cooperate with Congress in the impeachment inquiry, something that is unprecedented in American history and is a contempt of Congress by itself,” Nadler said.

https://twitter.com/i/status/1203684923489562625
“The only testimony we have are from public spirited, patriotic people in the CIA, the Pentagon, the White House itself who came forward and defied the president's orders and testified,” he added.


Nadler said that if the president or Republicans had “any exculpatory evidence, they would have brought it forward.”

more...

https://thehill.com/homenews/sunday-talk-shows/473560-nadler-a-jury-would-convict-trump-in-three-minutes-flat
December 8, 2019

Consequential month ahead for court battles between House and Trump

Consequential month ahead for court battles between House and Trump
Decisions expected in several cases that could determine limits of congressional power to investigate the president

snip//

More financial records

The second week of December could be called “Emoluments Week.”

The U.S. Court of Appeals for the District of Columbia Circuit will hear arguments Dec. 9 on a lawsuit — filed by more than 200 members of Congress and led by Sen. Richard Blumenthal, D-Conn., and House Judiciary Chairman Jerrold Nadler, D-N.Y. — that alleges Trump violated the emoluments clause.


A three-judge panel will grapple with whether the lawmakers have the legal right to file the lawsuit against the president.

The lawmakers contend that the Constitution requires Trump to obtain congressional consent before accepting benefits from foreign governments, such as those that spend money on events at his hotels or pay rents or fees at Trump’s commercial and residential towers.

And they say Trump “is completely denying members of Congress one of their institutional prerogatives: their right to vote on which, if any, benefits he may accept from foreign states.”

more...

http://www.rollcall.com/news/congress/consequential-month-ahead-for-court-battles-between-house-and-trump

December 7, 2019

HUD Secretary Ben Carson has been illegally withholding aid to Puerto Rico for months


HUD Secretary Ben Carson has been illegally withholding aid to Puerto Rico for months
SemDem
Community
Saturday December 07, 2019 · 2:03 PM EST


The Department of Housing and Urban Development, under Ben Carson, had a legally required deadline back in September to make desperately needed hurricane relief funding available to the suffering American island. The housing agency was supposed to issue funding notices to 18 states and territories affected by hurricanes on Sept. 4. They did so with one exception: Puerto Rico.

President Donald Trump tosses paper towels into a crowd as he hands out supplies at Calvary Chapel, Tuesday, Oct. 3, 2017, in Guaynabo, Puerto Rico. Trump is in Puerto Rico to survey hurricane damage. (AP Photo/Evan Vucci) Trump throws paper towels to Maria survivors

Donald Trump and Ben Carson are refusing to release the aid in direct opposition to the congressional mandate. HUD officials even told the House Appropriations subcomittee that they just won’t do it. Not only did HUD officials admit that they are willfully defying the law, but they also admitted that they have “no statutory authority” to miss such a deadline.

So why are they doing it? Because laws don’t matter in Trumpland, and Trump hates Puerto Rico.


Just as Trump does with California, another place he hates, where in the past two years raging wildfires have killed 87 people and burned more than 2.15 million acres. Trump is now threatening to withhold federal aid for firefighters for no other reason than his animosity towards the state and its people. The official reason Trump gives is that they wouldn’t listen to his brilliant idea of “raking the forests,” which is along the same lines of his idea of nuking hurricanes. It’s a stupid idea from an uneducated man. Yet the real reason is hatred.

more...

https://www.dailykos.com/stories/2019/12/7/1904072/-Ben-Carson-has-been-illegally-withholding-aid-to-Puerto-Rico-for-months

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