Donald Trump speaks to reporters on the South Lawn of White House in June 2019.
Under President Donald Trump, the Department of Justice is attacking the real enemy: recordkeeping requirements.
Yes, Trump just got his pet at the Office of Legal Counsel, T. Elliot Gaiser, to whip up a very aggro opinion saying that the Presidential Records Act is unconstitutional.
Such a great look to have a presidential appointee just baldly declaring
that the law requiring the president to keep records is
unconstitutional because Congress has no right to tell the president to
keep records. It intrudes on his authority to make him do so, and
there’s no legislative purpose, and it's burdensome, and on and on and
on.
This sort of thing was inevitable once the DOJ became fully
captured by Trump. Not just that he would begin treating the OLC like
his own personal legal opinion factory, there to spit out whatever he
likes, regardless of actual law, but that he would go after the PRA
specifically.
The PRA
was enacted in the wake of Watergate and requires that presidential and
vice-presidential records be available to the public. So, the president
and vice president have to maintain records created during their tenure
and leave them behind when they go, at which point they are transferred
to the archivist.
During his first term, Trump routinely violated the PRA by tearing up and throwing away records. Upon leaving office after his first term, he insisted
that the PRA meant he could keep whatever presidential records he
wanted, forever. You will note that is pretty much literally the
opposite of what the law says.
The only reason Trump wasn’t indicted for violating the PRA over squirreling away classified documents in his fancy bathroom
at Mar-a-Lago is that the PRA is a civil, not criminal, statute. So he
was indicted under different laws for that little escapade until Aileen
Cannon magicked it away for him.
But of course, the PRA still had to go—and Gaiser was more than eager to do so.
Sure, the Supreme Court already ruled
in Nixon v. Administrator of General Services that the PRA was not
unconstitutional and did not infringe on Nixon’s rights, but per Gaiser,
it’s totally different for… reasons.
Gaiser is a handy guy to have at the OLC if you are Donald Trump. Gaiser is a true, true believer.
A 2012 Hillsdale College graduate who clerked for Justice Samuel Alito,
Gaiser was part of Trump’s 2020 campaign team. During the
investigations into January 6, Kayleigh McEnany named Gaiser as someone
who was really trusted on “matters of election integrity” and that
Gaiser had advised that the vice president had a “substantive” role in
certifying elections.
Translation: Gaiser thought it would be totally legal for Mike
Pence to refuse to certify an election if doing so would make Trump sad.
Keen legal mind there, dude.
Speaking of keen legal minds, it probably bears mentioning that Gaiser clerked for Alito
beginning in the fall of 2021. As in, after being a part of Trump’s
merry band of election deniers and insurrection enthusiasts.
Besides throwing out a major recordkeeping act, Gaiser was also happy to whip up a little opinion saying that it’s unconstitutional to ban sending firearms through the U.S. mail. He was also eager to crank out dozens of pages
striking down as unconstitutional nearly all programs the Department of
Education managed that helped increase school enrollment and
achievement for non-white students.
Dude probably waited his whole life for that, let’s be honest.
Gaiser’s opinions are denser and longer, but at root, they also
hold the exact same legal authority as Trump’s executive orders do:
absolutely none. If Trump wants the PRA to go away, he can get Congress
to change the law, or he can bring a legal challenge to the law,
perhaps, in his personal capacity. It isn’t like he has any qualms about
maintaining a robust stack of private lawsuits while president.
This isn’t just about Trump not wanting the public to see what he’s doing. It’s about his belief that everything is his—the White House, the Kennedy Center, you name it. In his mind, his records belong to him, not us. He can toss or keep them as he pleases, but they’re not ours.
It’s the exact opposite of democracy.
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• Iran responds: Iran’s foreign ministry said there was “no dialogue”
between Tehran and Washington, according to state affiliated media.
Multiple nations have been passing messages between the US and Iran over
the last several days to de-escalate the mounting tensions, sources
have told CNN.
• Latest strikes: The number of people reported killed in Iran and Lebanon since the start of the conflict is now in the thousands. Several locations across Tehran have been targeted in the latest wave of Israeli attacks, according to Iranian state media.
• Markets react: Oil prices dropped
following Trump’s statement. The global oil benchmark tumbled more than
7% to trade below $99 a barrel, having climbed to $114 a barrel earlier
in the day.
59 Posts
See how the closure of Strait of Hormuz threatens global supply chains
By CNN staff
While the Strait of Hormuz is vital to the global energy supply, its closure also threatens Gulf countries that rely heavily on imported food.
CNN’s Nic Robertson got exclusive access to Jeddah Islamic Port on the
Red Sea where officials say cargo could increase by 50% over the next
month as shippers are forced to reroute.
Supply chain disruptions loom amid Iran conflict
01:31
Iran says it will not mine the Persian Gulf, warns foreign powers not to interfere
Iran’s military spokesperson said Iran has “full” control
over the Persian Gulf region, the Strait of Hormuz and waters off Oman,
arguing that Tehran does not need to lay mines in the gulf to assert its
position.
“The Islamic Republic of Iran has full and powerful control
over the Persian Gulf region, the territorial waters of Oman and the
Strait of Hormuz,” the spokesperson, Ebrahim Zolfaghari, said in remarks
carried by Iranian media.
“Therefore, due to sufficient dominance and power, there
will be no need for mine-laying in the Persian Gulf, and we will use
every possible means to ensure security as necessary,” Zolfaghari added.
He said Iran’s armed forces are capable of ensuring security
in the Persian Gulf and warned that countries outside the region “have
no right to interfere in this area.”
Earlier this month, CNN reported that Iran had begun laying mines in
the Strait of Hormuz, citing two people familiar with US intelligence
reporting on the issue. The strait is a key global energy chokepoint
through which about one-fifth of the world’s crude oil passes.
US Embassy in Oman issues shelter in place warning
The US Embassy in Muscat, Oman, has issued a shelter in place warning for the entire country because of “ongoing activity,” without elaborating.
In the security alert, the embassy urged people in Oman to
find a secure location in their residence or another building and “have a
supply of food, water, medication, and other essential items.”
“In case of an attack, stay away from any debris, and monitor news outlets for official guidance,” it said.
Days after the US-Israeli war with Iran began, the US
Department of State ordered non-emergency US government employees their
family members to leave Oman, the alert said.
“Special plans” for Tel Aviv and regional allies tonight, Fars news says
Iran’s semi-official Fars News Agency reported Monday,
citing what it described as informed Iranian sources, that plans are
being prepared for potential actions targeting Tel Aviv and some
regional allies of the United States and Israel.
Fars said the threat is in response to US President Donald
Trump’s claim that the US is engaged in direct talks with Iran, but it
did not provide further details about the nature of the alleged “plans.”
According to the same report, Iranian sources also suggested
that the situation in the Strait of Hormuz may not return to its
pre-war status even if the conflict eventually ends.
The Strait of Hormuz, located between Iran and Oman, is one
of the world’s most critical maritime chokepoints, through which roughly
20% of global petroleum liquids consumption passes, making stability in
the waterway vital for global energy markets.
Israel says it has struck IRGC headquarters and other military infrastructure in Tehran
The Israeli military has said that it struck one of the
Islamic Revolutionary Guard Corps’ main headquarters today, alongside
several other military buildings in the capital city of Tehran.
The Israeli Air Force carried out “a wide-scale wave of
strikes on Iranian regime infrastructure,” the Israel Defense Forces
(IDF) said in a statement.
Earlier today, Iran’s semi-official Fars news agency said that several locations across Tehran
were targeted in Israeli strikes. Meanwhile, the Iranian Red Crescent
Society said it was “searching beneath the debris of a residential
building in Tehran to find a child.”
The IDF said that Iranian security organization headquarters
and “key weapons manufacturing sites” were among the facilities
targeted, as well as “additional manufacturing sites and research
facilities related to electronics, ballistic missiles, and warheads.”
In a separate statement about the IRGC headquarters it said
it struck, the IDF said that the facility was used by the Iranian
military “to synchronize unit activities and to conduct situational
assessments,” as well as direct the Basij paramilitary force.
“The strike on the headquarters is part of the current
operational phase aimed at further degrading core Iranian terror regime
systems and security capabilities,” the IDF said, adding that “steps
were taken to mitigate harm to civilians, including the use of precise
munitions, aerial surveillance, and additional intelligence.”
UK summons Iran ambassador over pair charged with helping "foreign intelligence service"
London has summoned the Iranian ambassador to the United
Kingdom in relation to two people charged “on suspicion of providing
assistance to a foreign intelligence service,” a spokesperson for the
British Foreign Office said in a statement shared with CNN.
Those charged are an Iranian national and an British-Iranian
dual national, the Foreign, Commonwealth and Development Office (FCDO)
spokesperson said.
Last week, Nematollah Shahsavani, a dual Iranian/British
national, and Alireza Farasati, an Iranian national, were charged with
“engaging in conduct that is likely to assist a foreign intelligence
service,” according to London’s Metropolitan Police.
President
Donald Trump is trying to cover all of the horrible things he's doing
by overwhelming the public with even more horrible things.
As Americans watch in horror as immigration goons are jailing innocent kids and killing U.S. citizens
who dare to exercise their constitutional rights, President Donald
Trump is flooding the zone with so much chaotic and horrific news in an
effort to overwhelm the public.
Trump has employed the chaos strategy for years, doing so many awful things all at once so his political opponents can’t craft a message to address it all or successfully organize to stop his obvious wrongs.
A photo of
37-year-old Alex Pretti, who was fatally shot by a U.S. Border Patrol
agent on Jan. 24, is displayed at the scene of the killing.
But it’s especially terrifying now, as the strategy is an
effort to get away with literal murder, financial heist, and election
rigging.
Let me explain.
The killing of Alex Pretti in Minneapolis ginned up so much righteous anger that even Republicans felt the need to criticize Trump, finally saying that they are open to discussing changes to his immigration enforcement tactics.
It's a shocking development as Republicans have otherwise let Trump do whatever he wants, no matter how evil and lawless.
But as his grip on the GOP faltered this week, Trump unleashed a
new torrent of horrors to change the narrative and once again overwhelm
his critics.
He had the FBI raid the offices
of Fulton County's election officials in Georgia on Wednesday, with
agents taking boxes of ballots and voting equipment. It’s part of an
obvious quest for Trump to muddy the waters with fake claims of voter fraud to justify making changes to the 2026 elections that could help Republicans steal the midterms.
Then on Thursday, Trump filed a lawsuit
against the Internal Revenue Service, seeking $10 billion of your
hard-earned tax dollars—yes billion, with a “b”—in damages. Trump says
he’s owed that enormous sum because his tax returns—which proved that
he's a tax cheat—were leaked during his first term in office.
If you think that Trump won't be successful in stealing your cash for his own personal benefit, remember that Trump has turned the Department of Justice into his personal revenge machine that does what he wants, no matter how lawless.
What’s more, the head of the IRS and Treasury Secretary Scott Bessent would cut the check. Yes, the same toady who defends Trump's every move.
Then on Friday morning, Trump announced his pick for Federal Reserve chair, choosing Republican sycophant Kevin Marsh, who will likely bend to Trump's will on monetary policy.
He also had the DOJ arrest journalists
for covering a protest in a Minnesota church, a gross violation of the
First Amendment and his latest despicable perversion of justice to
punish his perceived enemies.
Of course, Trump's horrific actions have taken a toll on his popularity.
A Pew Research Center poll released Thursday found Trump's approval falling to a second-term low of 37%, with even Republican support tumbling.
"Last year, 67% [of Republicans] said they supported all or most of Trump’s plans and policies. Today, 56% do," the poll found.
But if Trump can flood the zone to get away with stealing
taxpayer money and changing election rules to rig the midterms, then
public opinion won't matter.
We are long past a constitutional crisis.
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