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Trump walks back sanctions against Russia, contradicting Nikki Haley - TODAY.com - 0 views

  • Trump does deserve credit for North Korean talks, Chuck Todd says
  • Meet the Press Moderator joins Sunday TODAY’s Chuck Todd and says President Donald Trump deserves credit for helping create conditions to start talks of denuclearization with North Korea, but says some questions still loom. {"1222279235816":{"mpxId":"1222279235816","canonical_url":"https://www.today.com/video/oregon-trucker-recounts-walking-36-miles-after-losing-his-way-1222279235816","canonicalUrl":"https://www.today.com/video/oregon-trucker-recounts-walking-36-miles-after-losing-his-way-1222279235816","legacy_url":"https://www.today.com/video/oregon-trucker-recounts-walking-36-miles-after-losing-his-way-1222279235816","playerUrl":"https://www.today.com/offsite/oregon-trucker-recounts-walking-36-miles-after-losing-his-way-1222279235816","ampPlayerUrl":"https://player.today.com/offsite/oregon-trucker-recounts-walking-36-miles-after-losing-his-way-1222279235816","relatedLink":"","sentiment":"Neutral","shortUrl":"https://www.today.com/video/oregon-trucker-recounts-walking-36-miles-after-losing-his-way-1222279235816","description":"Jacob Cartwright, a truck driver in Oregon, accidentally plugged the wrong address into his GPS and wound up lost more than 100 miles out of his way. 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Javier E

Trump's anger at courts, frayed alliances could upend approach to judicial issues - The... - 0 views

  • Under the Trump administration, the GOP-controlled Senate confirmed 174 district court judges, 54 circuit court judges and three Supreme Court justices — shifting the balance of the highest court to a 6-3 conservative majority. During his campaign rallies and events, Trump often likes to highlight the total, though he has exaggerated it.
  • In a 2022 interview with The Washington Post, McConnell recalled that Trump’s first candidacy had worried many conservatives at the time but that his Supreme Court list and picks had calmed their nerves and that his bargain with Trump had moved the country “right of center.”
  • McConnell and Trump have not spoken since late 2020, and Trump has repeatedly called for McConnell to be removed as the GOP leader of the Senate.
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  • Trump and Leo, a prominent conservative lawyer influential in his first term, have not spoken since 2020, according to people familiar with the matter. Their relationship ended over a heated fight in 2020 at Mar-a-Lago, where Trump accused Leo of picking Rod J. Rosenstein to be deputy attorney general, a person familiar with the matter said. Trump’s anger around Rosenstein centered on his decision to appoint special counsel Robert S. Mueller III to oversee the Justice Department’s probe of Russian interference in the 2016 election
  • Trump has signaled that he wants the Justice Department to go after his political opponents, and his associates have drafted plans to invoke the Insurrection Act on his first day in office, which would allow him to send the military against civil demonstrations. Near the end of his time in the White House, he repeatedly complained that his White House Counsel’s Office wasn’t doing enough to help him overturn the election results. His attorney general resigned after he would not back up his claims.
  • “He’s the leading candidate, so I don’t know that it matters what I think,” said Brent O. Hatch, a lawyer who is on the board of the Federalist Society.
  • Although Trump reshaped the Supreme Court while in office, leading to the overturning of Roe, he has sometimes told others that the decision is a political albatross for Republicans. And he has complained recently at rallies about the Supreme Court and the decisions the judges make, saying without evidence they rule too often against Republicans to show “independence.”
  • Trump is running on a campaign focused, at least in part, on vengeance and retribution. The former president has made it clear that loyalty would be a key criteria in how he makes decisions if returned to office.
  • Most members of the Federalist Society board of directors declined to comment on the record or did not respond to a request for comment. Interviews with a dozen other prominent lawyers suggested most had serious misgivings about Trump returning to power but were resigned to the high likelihood he will be the nominee, and many expressed openness to working for another Trump administration.
  • There is a heated debate underway in conservative legal circles about how GOP lawyers should interact with what increasingly appears to be the likely nominee, according to conservative lawyers who described the private talks on the condition of anonymity. The discussions include whether they would return to work for Trump.
  • One prominent lawyer described a November dinner he attended where almost all the attorneys in the room said they would prefer another nominee — but were split on whether to back Trump if he wins
  • Leo, McConnell and McGahn have expressed reservations about what another Trump term would look like, though they have largely stayed away from a public fight.
  • Some of the informal conversations and debates underway in conservative legal circles about a second Trump term include Project 2025, a coalition of right-wing groups that has outlined plans for the next Republican administration. Clark, who is working on the Insurrection Act for Project 2025, has been charged with violating Georgia’s anti-racketeering law, in the case alleging Trump and co-conspirators of interfering in the 2020 election. Clark pleaded guilty.
  • The involvement of Clark with that effort has alarmed some other conservative lawyers who view him as a potentially disastrous choice to take a senior leadership role at the department because of his past activities around the 2020 election.
  • Rob Kelner, a prominent conservative lawyer, said more conservative lawyers should have spoken up against Trump, but that it would cost them business and relationships.
  • “There were so many positions he took and so many statements that he made that flatly contradicted the foundational principles of the conservative movement and the Federalist Society, and yet it was so rare to hear conservative lawyers speak out against Trump,” Kelner said.
Javier E

How 9/11 changed us - Washington Post - 0 views

  • “The U.S. government must define what the message is, what it stands for,” the report asserts. “We should offer an example of moral leadership in the world, committed to treat people humanely, abide by the rule of law, and be generous and caring to our neighbors. . . . We need to defend our ideals abroad vigorously. America does stand up for its values.”
  • the authors pause to make a rousing case for the power of the nation’s character.
  • Rather than exemplify the nation’s highest values, the official response to 9/11 unleashed some of its worst qualities: deception, brutality, arrogance, ignorance, delusion, overreach and carelessness.
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  • Reading or rereading a collection of such books today is like watching an old movie that feels more anguishing and frustrating than you remember. The anguish comes from knowing how the tale will unfold; the frustration from realizing that this was hardly the only possible outcome.
  • This conclusion is laid bare in the sprawling literature to emerge from 9/11 over the past two decades
  • Whatever individual stories the 9/11 books tell, too many describe the repudiation of U.S. values, not by extremist outsiders but by our own hand.
  • In these works, indifference to the growing terrorist threat gives way to bloodlust and vengeance after the attacks. Official dissembling justifies wars, then prolongs them. In the name of counterterrorism, security is politicized, savagery legalized and patriotism weaponized.
  • that state of exception became our new American exceptionalism.
  • The latest works on the legacy of 9/11 show how war-on-terror tactics were turned on religious groups, immigrants and protesters in the United States. The war on terror came home, and it walked in like it owned the place.
  • It happened fast. By 2004, when the 9/11 Commission urged America to “engage the struggle of ideas,” it was already too late; the Justice Department’s initial torture memos were already signed, the Abu Ghraib images had already eviscerated U.S. claims to moral authority.
  • “It is for now far easier for a researcher to explain how and why September 11 happened than it is to explain the aftermath,” Steve Coll writes in “Ghost Wars,” his 2004 account of the CIA’s pre-9/11 involvement in Afghanistan. Throughout that aftermath, Washington fantasized about remaking the world in its image, only to reveal an ugly image of itself to the world.
  • “We anticipate a black future for America,” bin Laden told ABC News more than three years before the 9/11 attacks. “Instead of remaining United States, it shall end up separated states and shall have to carry the bodies of its sons back to America.”
  • bin Laden also came to grasp, perhaps self-servingly, the benefits of luring Washington into imperial overreach, of “bleeding America to the point of bankruptcy,” as he put it in 2004, through endless military expansionism, thus beating back its global sway and undermining its internal unity.
  • To an unnerving degree, the United States moved toward the enemy’s fantasies of what it might become — a nation divided in its sense of itself, exposed in its moral and political compromises, conflicted over wars it did not want but would not end.
  • “The most frightening aspect of this new threat . . . was the fact that almost no one took it seriously. It was too bizarre, too primitive and exotic.” That is how Lawrence Wright depicts the early impressions of bin Laden and his terrorist network among U.S. officials
  • The books traveling that road to 9/11 have an inexorable, almost suffocating feel to them, as though every turn invariably leads to the first crush of steel and glass.
  • With the system “blinking red,” as CIA Director George Tenet later told the 9/11 Commission, why were all these warnings not enough? Wright lingers on bureaucratic failings
  • Clarke’s conclusion is simple, and it highlights America’s we-know-better swagger, a national trait that often masquerades as courage or wisdom. “America, alas, seems only to respond well to disasters, to be undistracted by warnings,” he writes. “Our country seems unable to do all that must be done until there has been some awful calamity.”
  • The problem with responding only to calamity is that underestimation is usually replaced by overreaction. And we tell ourselves it is the right thing, maybe the only thing, to do.
  • A last-minute flight change. A new job at the Pentagon. A retirement from the fire station. The final tilt of a plane’s wings before impact. If the books about the lead-up to 9/11 are packed with unbearable inevitability, the volumes on the day itself highlight how randomness separated survival from death.
  • Had the World Trade Center, built in the late 1960s and early 1970s, been erected according to the city building code in effect since 1938, Dwyer and Flynn explain, “it is likely that a very different world trade center would have been built.
  • Instead, it was constructed according to a new code that the real estate industry had avidly promoted, a code that made it cheaper and more lucrative to build and own skyscrapers. “It increased the floor space available for rent . . . by cutting back on the areas that had been devoted, under the earlier law, to evacuation and exit,” the authors write. The result: Getting everybody out on 9/11 was virtually impossible.
  • The towers embodied the power of American capitalism, but their design embodied the folly of American greed. On that day, both conditions proved fatal.
  • Garrett Graff quotes Defense Department officials marveling at how American Airlines Flight 77 struck a part of the Pentagon that, because of new anti-terrorism standards, had recently been reinforced and renovated
  • “In any other wedge of the Pentagon, there would have been 5,000 people, and the plane would have flown right through the middle of the building.” Instead, fewer than 200 people were killed in the attack on the Pentagon, including the passengers on the hijacked jet. Chance and preparedness came together.
  • The bravery of police and firefighters is the subject of countless 9/11 retrospectives, but these books also emphasize the selflessness of civilians who morphed into first responders
  • The passengers had made phone calls when the hijacking began and had learned the fate of other aircraft that day. “According to one call, they voted on whether to rush the terrorists in an attempt to retake the plane,” the commission report states. “They decided, and acted.”
  • The civilians aboard United Airlines Flight 93, whose resistance forced the plane to crash into a Pennsylvania field rather than the U.S. Capitol, were later lionized as emblems of swashbuckling Americana
  • Such episodes, led by ordinary civilians, embodied values that the 9/11 Commission called on the nation to display. Except those values would soon be dismantled, in the name of security, by those entrusted to uphold them.
  • Lawyering to death.The phrase appears in multiple 9/11 volumes, usually uttered by top officials adamant that they were going to get things done, laws and rules be damned
  • “I had to show the American people the resolve of a commander in chief that was going to do whatever it took to win,” Bush explains. “No yielding. No equivocation. No, you know, lawyering this thing to death.” In “Against All Enemies,” Clarke recalls the evening of Sept. 11, 2001, when Bush snapped at an official who suggested that international law looked askance at military force as a tool of revenge. “I don’t care what the international lawyers say, we are going to kick some ass,” the president retorted.
  • The message was unmistakable: The law is an obstacle to effective counterterrorism
  • Except, they did lawyer this thing to death. Instead of disregarding the law, the Bush administration enlisted it. “Beginning almost immediately after September 11, 2001, [Vice President Dick] Cheney saw to it that some of the sharpest and best-trained lawyers in the country, working in secret in the White House and the United States Department of Justice, came up with legal justifications for a vast expansion of the government’s power in waging war on terror,
  • Through public declarations and secret memos, the administration sought to remove limits on the president’s conduct of warfare and to deny terrorism suspects the protections of the Geneva Conventions by redefining them as unlawful enemy combatants. Nothing, Mayer argues of the latter effort, “more directly cleared the way for torture than this.”
  • Tactics such as cramped confinement, sleep deprivation and waterboarding were rebranded as “enhanced interrogation techniques,” legally and linguistically contorted to avoid the label of torture. Though the techniques could be cruel and inhuman, the OLC acknowledged in an August 2002 memo, they would constitute torture only if they produced pain equivalent to organ failure or death, and if the individual inflicting such pain really really meant to do so: “Even if the defendant knows that severe pain will result from his actions, if causing such harm is not his objective, he lacks the requisite specific intent.” It’s quite the sleight of hand, with torture moving from the body of the interrogated to the mind of the interrogator.
  • the memo concludes that none of it actually matters. Even if a particular interrogation method would cross some legal line, the relevant statute would be considered unconstitutional because it “impermissibly encroached” on the commander in chief’s authority to conduct warfare
  • You have informed us. Experts you have consulted. Based on your research. You do not anticipate. Such hand-washing words appear throughout the memos. The Justice Department relies on information provided by the CIA to reach its conclusions; the CIA then has the cover of the Justice Department to proceed with its interrogations. It’s a perfect circle of trust.
  • In these documents, lawyers enable lawlessness. Another May 2005 memo concludes that, because the Convention Against Torture applies only to actions occurring under U.S. jurisdiction, the CIA’s creation of detention sites in other countries renders the convention “inapplicable.”
  • avid Cole describes the documents as “bad-faith lawyering,” which might be generous. It is another kind of lawyering to death, one in which the rule of law that the 9/11 Commission urged us to abide by becomes the victim.
  • Similarly, because the Eighth Amendment’s prohibition on cruel and unusual punishment is meant to protect people convicted of crimes, it should not apply to terrorism detainees — because they have not been officially convicted of anything. The lack of due process conveniently eliminates constitutional protections
  • Years later, the Senate Intelligence Committee would investigate the CIA’s post-9/11 interrogation program. Its massive report — the executive summary of which appeared as a 549-page book in 2014 — found that torture did not produce useful intelligence, that the interrogations were more brutal than the CIA let on, that the Justice Department did not independently verify the CIA’s information, and that the spy agency impeded oversight by Congress and the CIA inspector general.
  • “The CIA’s effectiveness representations were almost entirely inaccurate,” the Senate report concluded. It is one of the few lies of the war on terror unmasked by an official government investigation and public report, but just one of the many documented in the 9/11 literature.
  • Officials in the war on terror didn’t deceive or dissemble just with lawmakers or the public. In the recurring tragedy of war, they lied just as often to themselves.
  • “The decision to invade Iraq was one made, finally and exclusively, by the president of the United States, George W. Bush,” he writes.
  • n Woodward’s “Bush at War,” the president admitted that before 9/11, “I didn’t feel that sense of urgency [about al-Qaeda], and my blood was not nearly as boiling.”
  • A president initially concerned about defending and preserving the nation’s moral goodness against terrorism found himself driven by darker impulses. “I’m having difficulty controlling my bloodlust,” Bush confessed to religious leaders in the Oval Office on Sept. 20, 2001,
  • Bloodlust, moral certainty and sudden vulnerability make a dangerous combination. The belief that you are defending good against evil can lead to the belief that whatever you do to that end is good, too.
  • Draper distills Bush’s worldview: “The terrorists’ primary objective was to destroy America’s freedom. Saddam hated America. Therefore, he hated freedom. Therefore, Saddam was himself a terrorist, bent on destroying America and its freedom.”
  • The president assumed the worst about what Hussein had done or might do, yet embraced best-case scenarios of how an American invasion would proceed.
  • “Iraqis would rejoice at the sight of their Western liberators,” Draper recaps. “Their newly shared sense of national purpose would overcome any sectarian allegiances. Their native cleverness would make up for their inexperience with self-government. They would welcome the stewardship of Iraqi expatriates who had not set foot in Baghdad in decades. And their oil would pay for everything.”
  • It did not seem to occur to Bush and his advisers that Iraqis could simultaneously hate Hussein and resent the Americans — feelings that could have been discovered by speaking to Iraqis and hearing their concerns.
  • few books on the war that gets deep inside Iraqis’ aversion to the Americans in their midst. “What gives them the right to change something that’s not theirs in the first place?” a woman in a middle-class Baghdad neighborhood asks him. “I don’t like your house, so I’m going to bomb it and you can rebuild it again the way I want it, with your money?
  • The occupation did not dissuade such impressions when it turned the former dictator’s seat of government into its own luxurious Green Zone, or when it retrofitted the Abu Ghraib prison (“the worst of Saddam’s hellholes,” Shadid calls it) into its own chamber of horrors.
  • Shadid hears early talk of the Americans as “kuffar” (heathens), a 51-year-old former teacher complains that “we’ve exchanged a tyrant for an occupier.”
  • Shadid understood that governmental legitimacy — who gets to rule, and by what right — was a matter of overriding importance for Iraqis. “The Americans never understood the question,” he writes; “Iraqis never agreed on the answer.
  • When the United States so quickly shifted from liberation to occupation, it lost whatever legitimacy it enjoyed. “Bush handed that enemy precisely what it wanted and needed, proof that America was at war with Islam, that we were the new Crusaders come to occupy Muslim land,” Clarke writes. “It was as if Usama bin Laden, hidden in some high mountain redoubt, were engaging in long-range mind control of George Bush, chanting ‘invade Iraq, you must invade Iraq.’ ”
  • The foolishness and arrogance of the American occupation didn’t help. In “Imperial Life in the Emerald City: Inside Iraq’s Green Zone,” Rajiv Chandrasekaran explains how, even as daily security was Iraqis’ overwhelming concern, viceroy L. Paul Bremer, Bush’s man in Baghdad, was determined to turn the country into a model free-market economy, complete with new investment laws, bankruptcy courts and a state-of-the-art stock exchange.
  • a U.S. Army general, when asked by local journalists why American helicopters must fly so low at night, thus scaring Iraqi children, replied that the kids were simply hearing “the sound of freedom.”Message: Freedom sounds terrifying.
  • For some Americans, inflicting that terror became part of the job, one more tool in the arsenal. In “The Forever War” by Dexter Filkins, a U.S. Army lieutenant colonel in Iraq assures the author that “with a heavy dose of fear and violence, and a lot of money for projects, I think we can convince these people that we are here to help them.”
  • Chandrasekaran recalls the response of a top communications official under Bremer, when reporters asked about waves of violence hitting Baghdad in the spring of 2004. “Off the record: Paris is burning,” the official told the journalists. “On the record: Security and stability are returning to Iraq.”
  • the Iraq War, conjured in part on the false connections between Iraq and al-Qaeda, ended up helping the terrorist network: It pulled resources from the war in Afghanistan, gave space for bin Laden’s men to regroup and spurred a new generation of terrorists in the Middle East. “A bigger gift to bin Laden was hard to imagine,” Bergen writes.
  • “U.S. officials had no need to lie or spin to justify the war,” Washington Post reporter Craig Whitlock writes in “The Afghanistan Papers,” a damning contrast of the war’s reality vs. its rhetoric. “Yet leaders at the White House, the Pentagon and the State Department soon began to make false assurances and to paper over setbacks on the battlefield.” As the years passed, the deceit became entrenched, what Whitlock calls “an unspoken conspiracy” to hide the truth.
  • Afghanistan was where al-Qaeda, supported by the Taliban, had made its base — it was supposed to be the good war, the right war, the war of necessity and not choice, the war endorsed at home and abroad.
  • If Iraq was the war born of lies, Afghanistan was the one nurtured by them
  • Whitlock finds commanding generals privately admitting that they long fought the war “without a functional strategy.” That, two years into the conflict, Rumsfeld complained that he had “no visibility into who the bad guys are.”
  • That Army Lt. Gen. Douglas Lute, a former coordinator of Iraq and Afghanistan policy, acknowledged that “we didn’t have the foggiest idea of what we were undertaking.”
  • That U.S. officials long wanted to withdraw American forces but feared — correctly so, it turns out — that the Afghan government might collapse. “Bin Laden had hoped for this exact scenario,” Whitlock observes. “To lure the U.S. superpower into an unwinnable guerrilla conflict that would deplete its national treasury and diminish its global influence.”
  • All along, top officials publicly contradicted these internal views, issuing favorable accounts of steady progress
  • Bad news was twisted into good: Rising suicide attacks in Kabul meant the Taliban was too weak for direct combat, for instance, while increased U.S. casualties meant America was taking the fight to the enemy.
  • deceptions transpired across U.S. presidents, but the Obama administration, eager to show that its first-term troop surge was working, “took it to a new level, hyping figures that were misleading, spurious or downright false,” Whitlock writes. And then under President Donald Trump, he adds, the generals felt pressure to “speak more forcefully and boast that his war strategy was destined to succeed.”
  • in public, almost no senior government officials had the courage to admit that the United States was slowly losing,” Whitlock writes. “With their complicit silence, military and political leaders avoided accountability and dodged reappraisals that could have changed the outcome or shortened the conflict.”
  • Deputy Secretary of State Richard Armitage traveled to Moscow shortly after 9/11 to give officials a heads up about the coming hostilities in Afghanistan. The Russians, recent visitors to the graveyard of empires, cautioned that Afghanistan was an “ambush heaven” and that, in the words of one of them, “you’re really going to get the hell kicked out of you.”
  • a war should not be measured only by the timing and the competence of its end. We still face an equally consequential appraisal: How good was this good war if it could be sustained only by lies?
  • In the two decades since the 9/11 attacks, the United States has often attempted to reconsider its response
  • They are written as though intending to solve problems. But they can be read as proof that the problems have no realistic solution, or that the only solution is to never have created them.
  • the report sets the bar for staying so high that an exit strategy appears to be its primary purpose.
  • he counterinsurgency manual is an extraordinary document. Implicitly repudiating notions such as “shock and awe” and “overwhelming force,” it argues that the key to battling an insurgency in countries such as Iraq and Afghanistan is to provide security for the local population and to win its support through effective governance
  • It also attempts to grasp the nature of America’s foes. “Most enemies either do not try to defeat the United States with conventional operations or do not limit themselves to purely military means,” the manual states. “They know that they cannot compete with U.S. forces on those terms. Instead, they try to exhaust U.S. national will.” Exhausting America’s will is an objective that al-Qaeda understood well.
  • “Counterinsurgents should prepare for a long-term commitment,” the manual states. Yet, just a few pages later, it admits that “eventually all foreign armies are seen as interlopers or occupiers.” How to accomplish the former without descending into the latter? No wonder so many of the historical examples of counterinsurgency that the manual highlights, including accounts from the Vietnam War, are stories of failure.
  • “Soldiers and Marines are expected to be nation builders as well as warriors,” the manual proclaims, but the arduous tasks involved — reestablishing government institutions, rebuilding infrastructure, strengthening local security forces, enforcing the rule of law — reveal the tension at the heart of the new doctrine
  • In his foreword, Army Lt. Col. John Nagl writes that the document’s most lasting impact may be as a catalyst not for remaking Iraq or Afghanistan, but for transforming the Army and Marine Corps into “more effective learning organizations,” better able to adapt to changing warfare. And in her introduction, Sarah Sewall, then director of Harvard’s Carr Center for Human Rights Policy, concludes that its “ultimate value” may be in warning civilian officials to think hard before engaging in a counterinsurgency campaign.
  • “The thing that got to everyone,” Finkel explains in the latter book, “was not having a defined front line. It was a war in 360 degrees, no front to advance toward, no enemy in uniform, no predictable patterns, no relief.” It’s a powerful summation of battling an insurgency.
  • Hitting the wrong house is what counterinsurgency doctrine is supposed to avoid. Even successfully capturing or killing a high-value target can be counterproductive if in the process you terrorize a community and create more enemies. In Iraq, the whole country was the wrong house. America’s leaders knew it was the wrong house. They hit it anyway.
  • Another returning soldier, Nic DeNinno, struggles to tell his wife about the time he and his fellow soldiers burst into an Iraqi home in search of a high-value target. He threw a man down the stairs and held another by the throat. After they left, the lieutenant told him it was the wrong house. “The wrong f---ing house,” Nic says to his wife. “One of the things I want to remember is how many times we hit the wrong house.”
  • “As time passes, more documents become available, and the bare facts of what happened become still clearer,” the report states. “Yet the picture of how those things happened becomes harder to reimagine, as that past world, with its preoccupations and uncertainty, recedes.” Before making definitive judgments, then, they ask themselves “whether the insights that seem apparent now would really have been meaningful at the time.”
  • Two of the latest additions to the canon, “Reign of Terror” by Spencer Ackerman and “Subtle Tools” by Karen Greenberg, draw straight, stark lines between the earliest days of the war on terror and its mutations in our current time, between conflicts abroad and divisions at home. These works show how 9/11 remains with us, and how we are still living in the ruins.
  • When Trump declared that “we don’t have victories anymore” in his 2015 speech announcing his presidential candidacy, he was both belittling the legacy of 9/11 and harnessing it to his ends. “His great insight was that the jingoistic politics of the War on Terror did not have to be tied to the War on Terror itself,” Ackerman writes. “That enabled him to tell a tale of lost greatness.” And if greatness is lost, someone must have taken it.
  • “Trump had learned the foremost lesson of 9/11,” Ackerman writes, “that the terrorists were whomever you said they were.”
  • The backlash against Muslims, against immigrants crossing the southern border and against protesters rallying for racial justice was strengthened by the open-ended nature of the global war on terror.
  • the war is not just far away in Iraq or Afghanistan, in Yemen or Syria, but it’s happening here, with mass surveillance, militarized law enforcement and the rebranding of immigration as a threat to the nation’s security rather than a cornerstone of its identity
  • the Authorization for Use of Military Force, drafted by administration lawyers and approved by Congress just days after the attacks, as the moment when America’s response began to go awry. The brief joint resolution allowed the president to use “all necessary and appropriate force” against any nation, organization or person who committed the attacks, and to prevent any future ones.
  • It was the “Ur document in the war on terror and its legacy,” Greenberg writes. “Riddled with imprecision, its terminology was geared to codify expansive powers.” Where the battlefield, the enemy and the definition of victory all remain vague, war becomes endlessly expansive, “with neither temporal nor geographical boundaries.”
  • This was the moment the war on terror was “conceptually doomed,” Ackerman concludes. This is how you get a forever war.
  • There were moments when an off-ramp was visible. The killing of bin Laden in 2011 was one such instance, Ackerman argues, but “Obama squandered the best chance anyone could ever have to end the 9/11 era.”
  • The author assails Obama for making the war on terror more “sustainable” through a veneer of legality — banning torture yet failing to close the detention camp at Guantánamo Bay and relying on drone strikes that “perversely incentivized the military and the CIA to kill instead of capture.”
  • There would always be more targets, more battlefields, regardless of president or party. Failures became the reason to double down, never wind down.
  • The longer the war went on, the more that what Ackerman calls its “grotesque subtext” of nativism and racism would move to the foreground of American politics
  • Absent the war on terror, it is harder to imagine a presidential candidate decrying a sitting commander in chief as foreign, Muslim, illegitimate — and using that lie as a successful political platform.
  • Absent the war on terror, it is harder to imagine a travel ban against people from Muslim-majority countries. Absent the war on terror, it is harder to imagine American protesters labeled terrorists, or a secretary of defense describing the nation’s urban streets as a “battle space” to be dominated
  • In his latest book on bin Laden, Bergen argues that 9/11 was a major tactical success but a long-term strategic failure for the terrorist leader. Yes, he struck a vicious blow against “the head of the snake,” as he called the United States, but “rather than ending American influence in the Muslim world, the 9/11 attacks greatly amplified it,” with two lengthy, large-scale invasions and new bases established throughout the region.
  • “A vastly different America has taken root” in the two decades since 9/11, Greenberg writes. “In the name of retaliation, ‘justice,’ and prevention, fundamental values have been cast aside.”
  • the legacy of the 9/11 era is found not just in Afghanistan or Iraq, but also in an America that drew out and heightened some of its ugliest impulses — a nation that is deeply divided (like those “separated states” bin Laden imagined); that bypasses inconvenient facts and embraces conspiracy theories; that demonizes outsiders; and that, after failing to spread freedom and democracy around the world, seems less inclined to uphold them here
  • Seventeen years after the 9/11 Commission called on the United States to offer moral leadership to the world and to be generous and caring to our neighbors, our moral leadership is in question, and we can barely be generous and caring to ourselves.
  • Still reeling from an attack that dropped out of a blue sky, America is suffering from a sort of post-traumatic stress democracy. It remains in recovery, still a good country, even if a broken good country.
  • 9/11 was a test. Thebooks of the lasttwo decades showhow America failed.
  • Deep within the catalogue of regrets that is the 9/11 Commission report
Javier E

Lawyer Who Used ChatGPT Faces Penalty for Made Up Citations - The New York Times - 0 views

  • For nearly two hours Thursday, Mr. Schwartz was grilled by a judge in a hearing ordered after the disclosure that the lawyer had created a legal brief for a case in Federal District Court that was filled with fake judicial opinions and legal citations, all generated by ChatGPT.
  • At times during the hearing, Mr. Schwartz squeezed his eyes shut and rubbed his forehead with his left hand. He stammered and his voice dropped. He repeatedly tried to explain why he did not conduct further research into the cases that ChatGPT had provided to him.
  • “I did not comprehend that ChatGPT could fabricate cases,” he told Judge Castel.
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  • As Mr. Schwartz answered the judge’s questions, the reaction in the courtroom, crammed with close to 70 people who included lawyers, law students, law clerks and professors, rippled across the benches. There were gasps, giggles and sighs. Spectators grimaced, darted their eyes around, chewed on pens.
  • “I continued to be duped by ChatGPT. It’s embarrassing,” Mr. Schwartz said.
  • The episode, which arose in an otherwise obscure lawsuit, has riveted the tech world, where there has been a growing debate about the dangers — even an existential threat to humanity — posed by artificial intelligence. It has also transfixed lawyers and judges.
  • Mr. Schwartz, who has practiced law in New York for 30 years, said in a declaration filed with the judge this week that he had learned about ChatGPT from his college-aged children and from articles, but that he had never used it professionally.He told Judge Castel on Thursday that he had believed ChatGPT had greater reach than standard databases.“I heard about this new site, which I falsely assumed was, like, a super search engine,” Mr. Schwartz said.
  • Avianca asked Judge Castel to dismiss the lawsuit because the statute of limitations had expired. Mr. Mata’s lawyers responded with a 10-page brief citing more than half a dozen court decisions, with names like Martinez v. Delta Air Lines, Zicherman v. Korean Air Lines and Varghese v. China Southern Airlines, in support of their argument that the suit should be allowed to proceed.After Avianca’s lawyers could not locate the cases, Judge Castel ordered Mr. Mata’s lawyers to provide copies. They submitted a compendium of decisions.It turned out the cases were not real.
  • “This case has reverberated throughout the entire legal profession,” said David Lat, a legal commentator. “It is a little bit like looking at a car wreck.”
  • Irina Raicu, who directs the internet ethics program at Santa Clara University, said this week that the Avianca case clearly showed what critics of such models have been saying, “which is that the vast majority of people who are playing with them and using them don’t really understand what they are and how they work, and in particular what their limitations are.”
  • “This case has changed the urgency of it,” Professor Roiphe said. “There’s a sense that this is not something that we can mull over in an academic way. It’s something that has affected us right now and has to be addressed.”
  • In the declaration Mr. Schwartz filed this week, he described how he had posed questions to ChatGPT, and each time it seemed to help with genuine case citations. He attached a printout of his colloquy with the bot, which shows it tossing out words like “sure” and “certainly!”After one response, ChatGPT said cheerily, “I hope that helps!”
yehbru

Rudy Giuliani probe: Judge approves review of material seized from Trump lawyer - 0 views

  • A federal judge agreed Friday to appoint a special master to recommend what evidence prosecutors should be able to see from material recently seized via search warrants from Rudy Giuliani, who is under criminal investigation, and another lawyer allied with former President Donald Trump.
  • “Guiliani’s and Toensing’s position lacks legal support,”
  • “The search warrants at issue here were based on judicial findings of probable cause — supported by detailed affidavits — to believe that evidence of violations of specified federal offenses would be found at the locations to be searched. There is no legal requirement for the Government to proceed by subpoena, nor is there any basis for the subject of an investigation to require it to do so.”
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  • Giuliani is being investigated by the U.S. Attorney for the Southern District of New York, a position he once held, for his activities in Ukraine.
  • Prosecutors are eyeing whether he violated federal lobbying law by not registering as a lobbyist for entities who were seeking various actions related to Ukraine, including the removal of the American ambassador under Trump.
  • Oetken noted that prosecutors suggested the electronic devices seized from Giuliani and Toensing should be handled the same way as Cohen’s “in light of the parallels to this matter.”
  • Giuliani’s lawyers argue that the search of his iCloud — which was not known to Giuliani for about 18 months — may have violated his attorney-client privilege and the right of Trump as president to have his communications with his lawyer protected.
Javier E

77 Days: Trump's Campaign to Subvert the Election - The New York Times - 0 views

  • Thursday the 12th was the day Mr. Trump’s flimsy, long-shot legal effort to reverse his loss turned into something else entirely — an extralegal campaign to subvert the election, rooted in a lie so convincing to some of his most devoted followers that it made the deadly Jan. 6 assault on the Capitol almost inevitable.
  • with conspiratorial belief rife in a country ravaged by pandemic, a lie that Mr. Trump had been grooming for years finally overwhelmed the Republican Party and, as brake after brake fell away, was propelled forward by new and more radical lawyers, political organizers, financiers and the surround-sound right-wing media.
  • Across those 77 days, the forces of disorder were summoned and directed by the departing president, who wielded the power derived from his near-infallible status among the party faithful in one final norm-defying act of a reality-denying presidency.
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  • Throughout, he was enabled by influential Republicans motivated by ambition, fear or a misplaced belief that he would not go too far.
  • For every lawyer on Mr. Trump’s team who quietly pulled back, there was one ready to push forward with propagandistic suits that skated the lines of legal ethics and reason
  • That included not only Mr. Giuliani and lawyers like Sidney Powell and Lin Wood, but also the vast majority of Republican attorneys general, whose dead-on-arrival Supreme Court lawsuit seeking to discount 20 million votes was secretly drafted by lawyers close to the White House, The Times found.
  • With each passing day the lie grew, finally managing to do what the political process and the courts would not: upend the peaceful transfer of power that for 224 years had been the bedrock of American democracy.
  • The vote-stealing theory got its first exposure beyond the web the day before the election on Mr. Bannon’s show. Because of the Hammer, Mr. McInerney said, “it’s going to look good for President Trump, but they’re going to change it.” The Democrats, he alleged, were seeking to use the system to install Mr. Biden and bring the country to “a totalitarian state.”
  • with the White House counsel, Pat A. Cipollone, backing him, Mr. Barr told the president that he could not manufacture evidence and that his department would have no role in challenging states’ results, said a former senior official with knowledge about the meeting, a version of which was first reported by Axios. The allegations about manipulated voting machines were ridiculously false, he added; the lawyers propagating them, led by Mr. Giuliani, were “clowns.”
  • Yet as the suits failed in court after court across the country, leaving Mr. Trump without credible options to reverse his loss before the Electoral College vote on Dec. 14, Mr. Giuliani and his allies were developing a new legal theory — that in crucial swing states, there was enough fraud, and there were enough inappropriate election-rule changes, to render their entire popular votes invalid.
  • As a result, the theory went, those states’ Republican-controlled legislatures would be within their constitutional rights to send slates of their choosing to the Electoral College.
  • Yet as the draft circulated among Republican attorneys general, several of their senior staff lawyers raised red flags. How could one state ask the Supreme Court to nullify another’s election results? Didn’t the Republican attorneys general consider themselves devoted federalists, champions of the way the Constitution delegates many powers — including crafting election laws — to each state, not the federal government?
  • In an interview, Mr. Kobach explained his group’s reasoning: The states that held illegitimate elections (which happened to be won by Mr. Biden) were violating the rights of voters in states that didn’t (which happened to be won by Mr. Trump).
  • The lawsuit was audacious in its scope. It claimed that, without their legislatures’ approval, Georgia, Michigan, Pennsylvania and Wisconsin had made unconstitutional last-minute election-law changes, helping create the conditions for widespread fraud. Citing a litany of convoluted and speculative allegations — including one involving Dominion voting machines — it asked the court to shift the selection of their Electoral College delegates to their legislatures, effectively nullifying 20 million votes.
  • One lawyer knowledgeable about the planning, speaking on the condition of anonymity, said: “There was no plausible chance the court will take this up. It was really disgraceful to put this in front of justices of the Supreme Court.”
  • The next day, Dec. 9, Representative Mike Johnson of Louisiana sent an email to his colleagues with the subject line, “Time-sensitive request from President Trump.” The congressman was putting together an amicus brief in support of the Texas suit; Mr. Trump, he wrote, “specifically asked me to contact all Republican Members of the House and Senate today and request that all join.” The president, he noted, was keeping score: “He said he will be anxiously awaiting the final list to review.”
  • Some 126 Republican House members, including the caucus leader, Mr. McCarthy, signed on to the brief, which was followed by a separate brief from the president himself. “This is the big one. Our Country needs a victory!” Mr. Trump tweeted. Privately, he asked Senator Ted Cruz of Texas to argue the case.
  • By the time the bus pulled into West Monroe, La., for a New Year’s Day stop to urge Senator John Kennedy to object to certification, Mr. Trump was making it clear to his followers that a rally at the Ellipse in Washington on Jan. 6 was part of his plan. On Twitter, he promoted the event five times that day alone.
  • But talk at the rally was tilting toward what to do if they didn’t.“We need our president to be confirmed through the states on the 6th,” said Couy Griffin, the founder of Cowboys for Trump. “And right after that, we’re going to have to declare martial law.”
  • Though Ms. Kremer held the permit, the rally would now effectively become a White House production. After 12,000 miles of drumbeating through 44 stops in more than 20 states, they would be handing over their movement to the man whose grip on power it had been devised to maintain.
  • Mr. Barr had resigned in December. But behind the back of the acting attorney general, Jeffrey A. Rosen, the president was plotting with the Justice Department’s acting civil division chief, Jeffrey Clark, and a Pennsylvania congressman named Scott Perry to pressure Georgia to invalidate its results, investigate Dominion and bring a new Supreme Court case challenging the entire election. The scheming came to an abrupt halt when Mr. Rosen, who would have been fired under the plan, assured the president that top department officials would resign en masse.
  • But Mr. Cruz was working at cross-purposes, trying to conscript others to sign a letter laying out his circular logic: Because polling showed that Republicans’ “unprecedented allegations” of fraud had convinced two-thirds of their party that Mr. Biden had stolen the election, it was incumbent on Congress to at least delay certification and order a 10-day audit in the “disputed states.” Mr. Cruz, joined by 10 other objectors, released the letter on the Saturday after New Year’s.
  • The rally had taken on new branding, the March to Save America, and other groups were joining in, among them the Republican Attorneys General Association. Its policy wing, the Rule of Law Defense Fund, promoted the event in a robocall that said, “We will march to the Capitol building and call on Congress to stop the steal,” according to a recording obtained by the progressive investigative group Documented.
  • Mr. Stockton said he was surprised to learn on the day of the rally that it would now include a march from the Ellipse to the Capitol. Before the White House became involved, he said, the plan had been to stay at the Ellipse until the counting of state electoral slates was completed.
  • Defiantly, to a great roar from the plaza, Ms. Chafian cried, “I stand with the Proud Boys, because I’m tired of the lies,” and she praised other militant nationalist groups in the crowd, including the Oath Keepers and the Three Percenters.
  • Speakers including Mr. Byrne, Mr. Flynn, Mr. Jones, Mr. Stone and the Tennessee pastor Mr. Locke spoke of Dominion machines switching votes and Biden ballots “falling from the sky,” of “enemies at the gate” and Washington’s troops on the Delaware in 1776, of a fight between “good and evil.”“Take it back,” the crowd chanted. “Stop the steal.”
  • “What we do now is we take note of the people who betrayed President Trump in Congress and we get them out of Congress,” he said. “We’re going to make the Tea Party look tiny in comparison.”
katherineharron

Opinion: Investigation of Rudy Giuliani is ramping up in a big way - CNN - 0 views

  • FBI agents showed up at Giuliani's home and office to execute a search warrant approved by a federal judge, and later did the same with respect to fellow lawyer Victoria Toensing, a major sign that the investigation is not just still alive, but that it is ramping up in a big way. (In a statement to The Wall Street Journal, Ms. Toensing's law firm said she had been informed she wasn't a target of the investigation.)
  • The crimes under investigation, according to The New York Times, relate to whether Giuliani acted as an unregistered foreign agent
  • Giuliani was also lobbying US officials about matters of interest to Ukrainians with whom Giuliani was working, like the removal of then-US Ambassador to Ukraine Marie Yovanovitch.
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  • One may ask: why did it take so long to get around to executing search warrants? We don't know for sure, and likely never will given the confidentiality around internal deliberations involving criminal investigations at DOJ, but The New York Times is reporting that there may have been politically motivated action taken to delay and then refuse to approve the warrant under the Trump administration. Search warrants involving lawyers like Giuliani carry particularly onerous approval requirements, because of concerns around breaching the attorney-client privilege by gaining access to communications between a lawyer and his client.
  • That means that these particular warrants would have been sent through the chain of command at the US Attorney's Office, up to Acting US Attorney Audrey Strauss, and then down to the Justice Department in Washington for another set of approvals.
  • Thus, in this case, before presenting the warrant to a judge, the Giuliani and Toensing search warrants also would have been approved by DOJ's second-in-command, now Lisa Monaco. Once approval is given, prosecutors take the application to a federal judge, who must be satisfied that there was probable cause to believe that a crime has been committed and that the evidence sought would be relevant to proving that crime.
  • But I expect -- as we saw when another Trump personal lawyer, Michael Cohen, was served with a search warrant as part of his criminal investigation by SDNY -- that Giuliani will challenge them every step of the way.
  • Once the legal challenges are dispensed with and the investigative team is able to review the evidence they collected, they will conduct any necessary follow-up investigation before making a charging decision. And while the FARA charges described above may be the most likely at this moment, new and additional offenses often come to light as an investigation proceeds, so it's impossible to say where authorities may end up.
  • while executing a search warrant certainly was a major event in the already lengthy saga of the investigation of Rudy Giuliani, there remains a long road ahead before we will know whether Giuliani faces arrest and criminal prosecution
Javier E

The Collapse of Big Law: A Cautionary Tale for Big Med - Richard Gunderman and Mark Mut... - 0 views

  • he law is not well. US law school applications are down by nearly half from eight years ago, and 85% of graduates now carry at least $100,000 in debt. More than 180 of the 200 US law schools are able to find jobs for more than 80% of their graduates. Median starting salaries for those who do find work are down by 17%, and more than a third of graduates cannot find full-time employment. Tellingly, lawyers have higher rates of depression and alcoholism than the general population. 
  • more fundamental problems emerge. One is the increasing popularity of law school rankings. In order to compete for students and tuition dollars, law schools do what they can to improve their standing, which means in part encouraging as many students as possible to apply and to take jobs with high-paying firms when they graduate
  • An even more serious problem is the way law firms keep score. One prevalent measure is PPP, or profit per partner, introduced by The American Lawyer in 1985. When such statistics began to be published, firms that thought they were doing well suddenly discovered that they were being outperformed by peers.  Soon bidding wars ensued for top earners, who are sometimes referred to as “rainmakers.”
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  • as soon as law firms begin measuring their performance by the revenue each attorney generates, money begins to supplant all other means of assessing performance.
  • To professionals who choose careers in fields such as law, medicine, and teaching, it is demoralizing to be treated as a unit of production. Even some of the lawyers earning millions of dollars report that they find little or no fulfillment in the work they do.
  • by stoking the flames of competition between law firms and attorneys, the current system has engrained what economists call a “zero-sum” mentality. There is only a relatively fixed quantity of legal work to be done, and for one firm or attorney to command more of it, others must make due with less.
  • As a professional, a lawyer represents her clients in the courtroom, in her office and at the negotiating table. She operates with an appreciation for her role in the adversarial judicial process, the need to educate clients about the limits and purpose of the law, and the importance of helping clients create frameworks to work together to form organizations, build businesses, and plan for the future. Doing these things well provides a sense of meaning and value in work.
  • As a mere service provider, by contrast, her role is to provide a discrete technical service—usually assumed to be the same as any other lawyer would provide—for a fee. Her success is measured not in the professional insight and practical wisdom she offers but in the technical efficiency with which she provides services and her ability to attract other clients willing to pay her to do the same. The sense of professional fulfillment associated with the role of service provider is small at best. 
hannahcarter11

Trump's actions in last days as President increase his legal jeopardy - CNNPolitics - 0 views

  • President Donald Trump's actions during his final days in office have significantly increased his exposure to potential criminal prosecution, lawyers say, complicating his life after the White House.
  • Over five days last week -- beginning with a phone call to the Georgia Secretary of State directing him to "find" votes to overturn the election to encouraging the pro-Trump crowd to "show strength" in their march to the Capitol -- lawyers say the President has put himself under the microscope of state and federal prosecutors.
  • The Manhattan district attorney's office has a broad criminal investigation looking into allegations of insurance fraud and tax fraud. The New York attorney general has a civil investigation into whether the Trump Organization improperly inflated the value of its assets.
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  • The new possible criminal exposure comes on top of ongoing New York state investigations into the President's finances and multiple defamation lawsuits related to Trump denying sexual assault accusations by women.
  • The New York criminal investigation has been slowed by a fight over the President's tax records, a scrum that is again before the Supreme Court.
  • Lawyers have speculated the court may be waiting for Trump's term to end next week before ruling.
  • Sandick and other lawyers, however, say that as alarming as Trump's recent statements have been, there are multiple hurdles for prosecutors to prove that the President violated election laws or those relating to incitement or sedition.
  • He is also facing a civil investigation from the New York attorney general's office, which is looking at whether the President improperly inflated the value of his assets to obtain loans or favorable tax benefits
  • Prosecutors have also not been in contact with Rosemary Vrablic, Trump's private banker at Deutsche Bank, which has loaned the President more than $300 million dollars, people familiar with the investigation said.
  • The President's actions this past week have already cost him financially -- the PGA of America said on Sunday night it would not hold its championship in 2022 at the Trump golf course in New Jersey and Deutsche Bank said it would not do business with him -- and the specter of ongoing criminal investigations may have a longer-term impact on his business prospects. New York City announced Wednesday that it is taking steps to cancel contracts with Trump Org for the Ferry Point golf course and carousel and ice skating rink in Central Park.
  • Trump's recent statements will present the Biden administration, which has made calls for unity, and his Justice Department with the dilemma of potentially prosecuting a former president.
  • "There's a long precedent of not prosecuting former presidents over policy differences," said Elliot Williams, a CNN legal analyst and former federal prosecutor. "The difference is we're not talking about policy difference here, and this is perhaps the most egregious conduct we've ever seen from a president while in office
  • Some former prosecutors say that a lot of the conduct is morally reprehensible, but it isn't clear if it will cross the line into violating the law. Investigators will need to prove the President intended to commit crimes, a high bar in criminal cases, not that he was encouraging lawful protests or truly believed that he won the election.
  • Like the riot, the legal liability for Trump's call to Georgia election officials will turn on his statements. Trump called the Georgia Secretary of State Brad Raffensperger, a Republican, imploring him to "find" 11,780 votes to give him the edge to overturn the election. It followed a call in December in which Trump told a Georgia elections investigator he would be a "national hero" if he would "find the fraud," a source told CNN.
  • As the end of Trump's presidency nears, sources tell CNN Trump has considered pardoning himself, his family members and other allies from federal charges. Lawyers say it is not clear whether a self-pardon would hold up in court, but a presidential pardon has no bearing on state investigations.
yehbru

Turkish Bank Case Showed Erdogan's Influence With Trump - The New York Times - 0 views

  • a criminal investigation into Halkbank, a state-owned Turkish bank suspected of violating U.S. sanctions law by funneling billions of dollars of gold and cash to Iran
  • For months, President Recep Tayyip Erdogan of Turkey had been pressing President Trump to quash the investigation, which threatened not only the bank but potentially members of Mr. Erdogan’s family and political party.
  • Mr. Barr pressed Mr. Berman to allow the bank to avoid an indictment by paying a fine and acknowledging some wrongdoing. In addition, the Justice Department would agree to end investigations and criminal cases involving Turkish and bank officials who were allied with Mr. Erdogan and suspected of participating in the sanctions-busting scheme.
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  • “You don’t grant immunity to individuals unless you are getting something from them — and we wouldn’t be here.”
  • Six months earlier, Matthew G. Whitaker, the acting attorney general who ran the department from November 2018 until Mr. Barr arrived in February 2019, rejected a request from Mr. Berman for permission to file criminal charges against the bank, two lawyers involved in the investigation said. Mr. Whitaker blocked the move shortly after Mr. Erdogan repeatedly pressed Mr. Trump in a series of conversations in November and December 2018 to resolve the Halkbank matter.
  • Mr. Erdogan had a big political stake in the outcome, because the case had become a major embarrassment for him in Turkey.
  • And Mr. Trump’s sympathetic response to Mr. Erdogan was especially jarring because it involved accusations that the bank had undercut Mr. Trump’s policy of economically isolating Iran, a centerpiece of his Middle East plan.
  • Former White House officials said they came to fear that the president was open to swaying the criminal justice system to advance a transactional and ill-defined agenda of his own.
  • the administration’s bitterness over Mr. Berman’s unwillingness to go along with Mr. Barr’s proposal would linger, and ultimately contribute to Mr. Berman’s dismissal.
  • It predated Mr. Trump’s election but came to encompass a broad cast of players, including Rudolph W. Giuliani, the former New York mayor; Michael T. Flynn, Mr. Trump’s first national security adviser; and Brian D. Ballard, a lobbyist and fund-raiser for the president.
  • he investigation of Halkbank, Mr. Erdogan claimed, was a “big conspiracy” instigated by his rival Fethullah Gulen, a charismatic Muslim cleric. Mr. Gulen left Turkey in the late 1990s and moved to Pennsylvania, where, in Mr. Erdogan’s telling, he plotted an unsuccessful coup attempt just a month earlier, according to a summary of the conversation provided to The Times by the Biden aide.
  • Mr. Erdogan asked Mr. Biden to remove Preet Bharara, then the U.S. attorney for the Southern District of New York. That office was in the early stages of an investigation into Halkbank and had already indicted a Turkish-Iranian gold trader, Reza Zarrab, for helping to orchestrate the sanctions-evasion scheme.
  • Mr. Erdogan also wanted the Obama administration to remove the judge overseeing Mr. Zarrab’s case in Manhattan, the Biden aide said. And he wanted Mr. Zarrab released and allowed to return to Turkey.
  • “If the president were to take this into his own hands, what would happen would be he would be impeached for violating the separation of powers,” Mr. Biden said
  • “Top leadership in Turkey felt that Trump would be a tough-minded businessman, but a businessman they could work with,” Robert Amsterdam, a lobbyist for Turkey, recalled.
  • The National Security Council asked the Education Department about a network of charter schools, partly funded with federal money, that were said to be linked to Mr. Gulen, the Erdogan rival who was living in Pennsylvania. The agency was then asked if the money could be blocked, one official involved in the conversations said. But Education Department officials resisted, saying they did not have the legal authority to stop the funding.
  • But the investigation by the federal prosecutors in Manhattan ground ahead. By early 2018, it had led to the indictments of nine defendants, including Turkey’s former economy minister and three Halkbank officials, on charges such as bank fraud and money laundering related to the sanctions-evasion scheme.
  • ut Mr. Mnuchin raised concerns about how large a fine might be imposed on Halkbank. The French banking giant Société Générale agreed that same year to pay U.S. authorities more than $2 billion to resolve charges that it had violated U.S. sanctions against Cuba and bribed officials in Libya, among other accusations
  • A fine on that scale would threaten the future of Halkbank, lobbyists and lawyers for the bank argued, as did top Turkish officials in conversations with members of the Trump administration
  • Mr. Erdogan made clear that he was frustrated with the continued pestering by Southern District prosecutors concerning Halkbank, and he wanted Mr. Trump to intervene to help wrap up the investigation, Mr. Bolton said in the interview
  • Mr. Trump also told Mr. Erdogan that he wanted to replace the prosecutors in Mr. Berman’s office in Manhattan, whom Mr. Trump considered to be holdovers from the Obama era.
  • Mr. Rosenstein was convinced that the evidence was compelling, perhaps even more so than in other sanctions-evasion cases in which the United States had charged banks, lawyers familiar with the investigation said. The memo from the prosecutors also noted that the actions Halkbank was accused of taking were helping to support Iran’s economy, which was antithetical to Mr. Trump’s foreign policy goal of tightening economic pressure on the country.
  • Mr. Rosenstein urged Mr. Berman to come to Washington to present the Southern District’s argument to Mr. Whitaker. The goal was not to file charges immediately against the bank. Instead, the plan was to give the Southern District more leverage to squeeze Halkbank to accept a deferred prosecution agreement that included an admission of wrongdoing.
  • Discussions between Halkbank and the Southern District continued, according to lawyers involved in the case. But the bank maintained its refusal to admit to wrongdoing and insisted on a deal that would end investigations and drop existing charges.
  • At times, the prosecutors were left with the impression that bank officials felt they had all the leverage because of the relationship between Mr. Trump and Mr. Erdogan.
  • The suggestion that the Justice Department would offer Turkish officials protection from criminal charges, even without their agreement to assist in the investigation, was unacceptable and unethical, Mr. Berman argued, according to lawyers close to the investigation.
  • Mr. Barr sought to persuade Mr. Berman that the so-called global settlement would enforce U.S. sanctions law and avert a rift with an ally in a volatile part of the world.
  • “That is the biggest prize that Erdogan could ever receive,” Mr. Erdemir said. “Erdogan was not trying to save the bank. He was trying to save his ministers and save himself.”
  • ust how idiosyncratic became more apparent last October, when Mr. Erdogan sent troops into Syria. Mr. Trump, who had initially given Mr. Erdogan the green light to do so, then faced an intense bipartisan backlash, leading him within days to take a tougher line with Turkey, threatening economic reprisals.
  • On Oct. 15, the Justice Department gave the prosecutors in Manhattan approval to file charges against Halkbank, a direct slap at Mr. Erdogan.The prosecutors rushed to present evidence before a grand jury and secured a six-count indictment that same day charging Halkbank with money laundering, bank fraud and conspiracy to violate the Iran sanctions. So far, no additional individuals have been charged.
sarahbalick

Texas lawyer in Nazi uniform opens fire at strip mall, 9 injured - NY Daily News - 0 views

  • Houston lawyer wearing Nazi uniform opens fire at strip mall; nine injured, suspect shot dead by police
  • A Houston lawyer wearing a Nazi uniform — who neighbors claimed had recently been acting paranoid — opened fire near a strip mall, wounding nine people before he was shot dead by police, authorities said.
  • Shots rang out around 6:30 a.m. Monday in southwest Houston near an intersection with a grocery store, Walgreens and Chuck E. Cheese.
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  • sed a tree near his car for cover as he exchanged gunfire with several officers in a nearby neighborhood before he was killed, officials said at an afternoon press conference.
Javier E

Big Law Firms in Trouble: When the Money Dries Up | New Republic - 0 views

  • “Stable” is not the way anyone would describe a legal career today. In the past decade, twelve major firms with more than 1,000 partners between them have collapsed entirely. The surviving lawyers live in fear of suffering a similar fate, driving them to ever-more humiliating lengths to edge out rivals for business.
  • then there are the indignities inflicted on new lawyers, known as associates. The odds are increasingly long that a recent law-school grad will find a job. Five years ago, during a recession, American law schools produced 43,600 graduates and 75 percent had positions as lawyers within nine months. Last year, the numbers were 46,500 and 64 percent. In addition to the emotional toll unemployment exacts, it is often financially ruinous. The average law student graduates $100,000 in debt.
  • Meanwhile, those lucky enough to have a job are constantly reminded of their expendability. “I knew people who had month-to-month leases who were making $200,000 a year,” says an associate who joined a New York firm in 2010. They are barred from meetings and conference calls to hold down a client’s bill, even pulled off of cases entirely. They regularly face mass layoffs. Many of the tasks they performed until five or ten years ago—like reviewing hundreds of pages of documents—are outsourced to a reserve army of contract attorneys, who toil away at one-third the pay.
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  • the biggest problem is that there are simply many, many more high-priced lawyers today than there is high-priced legal work.
  • Within the next decade or so, according to one common hypothesis, there will be at most 20 to 25 firms that can operate this way—the firms whose clients have so many billions of dollars riding on their legal work that they can truly spend without limit. The other 200 firms will have to reinvent themselves or disappear.
  • It was only when I suggested that a mere fraction of the world’s Big Law firms would survive another decade or two that I grasped the bone-fatiguing chore of running such a business. Theiss wouldn’t endorse the premise, but he didn’t exactly refute it, either. Demand had stopped growing, he told me. There was “substantial overcapacity.” Billable hours were way down industry-wide. “I don’t think anybody who follows the profession would suggest that this is only a temporary situation,” he said. The longer Theiss spoke, the bleaker the picture became.
Javier E

Armies of Expensive Lawyers, Replaced by Cheaper Software - NYTimes.com - 0 views

  • Mike Lynch, the founder of Autonomy, is convinced that “legal is a sector that will likely employ fewer, not more, people in the U.S. in the future.” He estimated that the shift from manual document discovery to e-discovery would lead to a manpower reduction in which one lawyer would suffice for work that once required 500 and that the newest generation of software, which can detect duplicates and find clusters of important documents on a particular topic, could cut the head count by another 50 percent.
  • Mr. Herr, the former chemical company lawyer, used e-discovery software to reanalyze work his company’s lawyers did in the 1980s and ’90s. His human colleagues had been only 60 percent accurate, he found. “Think about how much money had been spent to be slightly better than a coin toss,
katyshannon

J&J must pay $72 million for cancer death linked to talcum powder: lawyers | Reuters - 0 views

  • Johnson & Johnson (JNJ.N) was ordered by a Missouri state jury to pay $72 million of damages to the family of a woman whose death from ovarian cancer was linked to her use of the company's talc-based Baby Powder and Shower to Shower for several decades.
  • In a verdict announced late Monday night, jurors in the circuit court of St. Louis awarded the family of Jacqueline Fox $10 million of actual damages and $62 million of punitive damages, according to the family's lawyers and court records.
  • Johnson & Johnson faces claims that it, in an effort to boost sales, failed for decades to warn consumers that its talc-based products could cause cancer. About 1,000 cases have been filed in Missouri state court, and another 200 in New Jersey.
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  • Fox, who lived in Birmingham, Alabama, claimed she used Baby Powder and Shower to Shower for feminine hygiene for more than 35 years before being diagnosed three years ago with ovarian cancer. She died in October at age 62.
  • Jurors found Johnson & Johnson liable for fraud, negligence and conspiracy, the family's lawyers said. Deliberations lasted four hours, following a three-week trial.
  • Trials in several other talc lawsuits have been set for later this year, according to Danielle Mason, who also represented Fox's family at trial.
  • In October 2013, a federal jury in Sioux Falls, South Dakota found that plaintiff Deane Berg's use of Johnson & Johnson's body powder products was a factor in her developing ovarian cancer. Nevertheless, it awarded no damages, court records show.
anonymous

'We call it the Muslim Ban 3.0': the young Yale lawyers fighting Trump's order | US new... - 0 views

  • 'We call it the Muslim Ban 3.0': the young Yale lawyers fighting Trump's order
  • Trump’s travel bans have prompted a forceful counter campaign, bolstered by a soft-spoken Yale professor who leads a team of passionate proteges
  • many people stood against the president’s first travel ban. Among them was a small group of young lawyers, working at a series of nonprofits, who one jokingly called Dumbledore’s army. They stand against Trump still.
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  • As outrage spread across America, an ambitious plan started to form. Going home from the basketball game in a taxi, Wishnie mobilized about 20 current students to start researching and drafting papers that would, in collaboration with the American Civil Liberties Union, be filed with a duty judge in Brooklyn.
Javier E

It May Be the Biggest Tax Heist Ever. And Europe Wants Justice. - The New York Times - 0 views

  • “the robbery of the century,” and what one academic declared “the biggest tax theft in the history of Europe.” From 2006 to 2011, these two and hundreds of bankers, lawyers and investors made off with a staggering $60 billion, all of it siphoned from the state coffers of European countries.
  • The scheme was built around “cum-ex trading” (from the Latin for “with-without”): a monetary maneuver to avoid double taxation of investment profits that plays out like high finance’s answer to a David Copperfield stage illusion. Through careful timing, and the coordination of a dozen different transactions, cum-ex trades produced two refunds for dividend tax paid on one basket of stocks.
  • One basket of stocks. Abracadabra. Two refunds
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  • The process was repeated over and over, as word of cum-ex spread like a quiet contagion. Germany was hardest hit, with an estimated $30 billion in losses, followed by France, taken for about $17 billion. Smaller sums were drained away from Spain, Italy, Belgium, Austria, Norway, Finland, Poland and others
  • Outrage in these countries has focused on the City of London, Britain’s answer to Wall Street. Less scrutinized has been the role played by Americans, both individual investors and branches of United States investment banks in London, including Morgan Stanley, JPMorgan Chase and Merrill Lynch Bank of America.
  • American bankers didn’t try cum-ex at home because they feared domestic regulators. So they moved operations to London and treated the rest of Europe as an anything-goes frontier
  • ”There was this culture in London, and it really came from New York,” he said. “These guys were either from New York or trained in London at New York banks, and they looked at Europe as their playground. People at the highest levels were collaborating to rip off countries.”
  • uffice it to say, the goal was to fool the financial system so that two investors could claim refunds for dividend taxes that were paid just once.
  • the presiding judge issued a preliminary ruling that, for the first time, declared cum-ex a felony, calling it a “collective grab in the treasury.”
  • German prosecutors say they will now pursue 400 other suspects, unearthed in 56 investigations. Banks large and small will be ordered to hand over cum-ex profits, which could have serious consequences for some. Two have already gone bust.
  • officials in Germany say the trade was a form of theft, one so obviously illicit that forbidding it — which was tried twice, with ineffectively worded laws — was hardly necessary.
  • Precisely who invented cum-ex trading, and when, are mysteries, but ground zero for this scandal may have been the London branch of Merrill Lynch.
  • At Merrill, Mr. Shields’s job was to identify “tax-attractive trades,” as he put it in his testimony. He had joined one of the least visible sectors of the financial world, which pokes at the seams of international finance law, looking for ways to reduce clients’ tax bills.
  • When he pointed this out to management, the policy was tweaked.“They said, ‘You can answer a call on your mobile, but you need to immediately move off the floor,’” he recalled. “So these guys would get up from their desks, start walking toward the edge of the floor, send a text message and then walk back. It was a joke.”
  • The trade was pure theater and required a huge cast: stock lenders, prime brokers, custodians, accounting firms, asset managers and inter-dealer brokers. It also required vast quantities of stock, most of which was sourced from American shareholders.
  • A lawyer who worked at the firm Dr. Berger founded in 2010, and who under German law can’t be identified by the media, described for the Bonn court a memorable meeting at the office.
  • Sensitive types, Dr. Berger told his underlings that day, should find other jobs.“Whoever has a problem with the fact that because of our work there are fewer kindergartens being built,” Dr. Berger reportedly said, “here’s the door.”
  • Seemingly risk-free profits poured in, and over the years a mini-industry thrived, one that a former participant labeled “the devil’s machine.”
  • When Mr. Tibo tried to signal his concern to executives at UniCredit, the bank’s Italian owner, they didn’t seem to care, he said
  • “There were big profits coming out of HypoVereinsbank, and most of it was from the investment banking section,” Mr. Tibo said. “The Italians quickly made up their minds: ‘We want to make money.’ No one gave us any internal support, because they didn’t want us to learn anything.”
  • By then, Mr. Mora and Mr. Shields were long gone from the London branch. Tired of niggling questions and feeling underpaid, they had left in 2008 to open Ballance Capital, one of the first full-service, one-stop cum-ex trading shops.
  • Dozens of German banks participated in cum-ex deals, too, gobbling up German taxpayer money at the same time they received a rescue package worth more than $500 billion.
  • Last year, the lawyer who testified anonymously at the Bonn trial described the culture of the cum-ex world to Oliver Schröm and Christian Salewski, two reporters on the German television show “Panorama,” under disguising makeup. It was a realm beyond morality, he said: all male, supremely arrogant, and guided by the conviction that the German state is an enemy and German taxpayers are suckers.
  • “That was the normal world to which we no longer belonged,” he told the reporters. “We looked out the window from up there, and we thought, ‘We’re the cleverest of all, geniuses, and you’re all stupid.’”
  • a former Merrill Lynch investment banker sat in a London restaurant near the Thames and described what had turned him into a whistle-blower. In the years after the financial crisis, he said, he noticed that a handful of colleagues on the company’s trading floor were using their personal mobile phones, a breach of company policy. All communication was supposed to be tracked and recorded. These guys were sending self-deleting texts on Snapchat.“Obviously, they were circumventing controls,”
  • Worried about the growing pileup of tax-withholding credits on the books, Frank Tibo, the bank’s chief tax officer, flew to London in May 2007. He spent the day grilling Mr. Mora
  • The complaint lays out, in painstaking detail, how the trades were confected, who executed them and which questions should be asked by investigators to uncover the “sham.” It states that Merrill Lynch earned hundreds of millions of dollars over the previous seven years from cum-ex trades.
  • “Anyone who stood in the way of this trade was swept aside, and those who enabled it were promoted,” the whistle-blower said in a follow-up phone call. “But it was widely regarded as insanity inside the bank for it to be extracting money from sovereign treasuries, particularly after the entire sector had been supported by the public purse.
  • American banks conducted their cum-ex trades overseas, rather than at home, out of fear, the whistle-blower said. Specifically, he mentioned a 2008 Senate investigation into “dividend tax abuse” that found it was depriving the Treasury of $100 billion every year. The report led to a ban on dividend arbitrage tied to stock in United States corporations.
  • But nothing prevented American bankers from conducting such trades with foreign companies on foreign soil.
  • German efforts to stamp out cum-ex with legislation, in 2007 and 2009, left holes through which certain types of financial players could still crawl. This included private pension plans in the United States, a niche financial product for wealthy people who want the kind of privacy, and exotic investment options, that Fidelity doesn’t offer.
  • Investors will have problems of their own. Many have said they had no idea how cum-ex traders returned such dazzling profits. That defense became less plausible in 2012, after the German government spent millions of dollars to buy 11 hard drives from industry insiders. The hard drives were filled with marketing fliers, written by bankers, who sold cum-ex with an antigovernment pitch.
  • “We learned that it was very common for these bankers to have conversations over coffee with clients about cum-ex,” said Norbert Walter-Borjans, a former minister of finance for North Rhine-Westphalia. “They would say, ‘If you have a problem with how your hard-earned money is being spent in taxes, we’ve got an idea for you.’”
  • Authorities across Europe are said to be waiting for a resolution of the Bonn trial to move ahead with their own. Many are livid that Germany didn’t alert them sooner about the perils of cum-ex. The failure, say lawyers, stems from a Europe-wide hypersensitivity about privacy, which is especially acute when it comes to taxes.
  • In 2012, soon after Germany shut down its cum-ex problem, a London trader began a cum-ex scheme that fleeced the Danish tax authority of $2 billion, officials there say. The trader, Sanjay Shah, who now lives in Dubai, denies wrongdoing but has never been shy about the source of his wealth.When he bought a $1.3 million yacht a few years ago, he found the perfect name: Cum-Ex.
Javier E

Death threat to whistleblower's lawyer points to Trump's depravity - The Washington Post - 0 views

  • “All traitors must die miserable deaths,” a man from Michigan allegedly wrote in an email to Mark Zaid, the lawyer for the whistleblower who got the scandal rolling that ultimately resulted in President Trump’s impeachment. The man added: “We will hunt you down and bleed you out like the pigs you are.”
  • The author of this email has now been charged by federal prosecutors with making a death threat, Politico’s Natasha Bertrand reports. This came after Trump tweeted about the whistleblower many, many times, after Trump suggested the whistleblower should be executed and after Trump ripped into the whistleblower’s lawyer at a rally.
  • despite this, Trump and his allies have kept up the attacks on the whistleblower and have engaged in transparent efforts to place him in danger. House Republicans kept insisting that the whistleblower testify, and even as late as Trump’s trial, Senate Republicans were threatening to haul him in.
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  • Trump himself kept demanding to know where he was, and even retweeted a tweet purportedly outing the whistleblower’s name.Trump and his allies did this despite warnings from experts that such acts could discourage future whistleblowers from revealing wrongdoing. Indeed, they probably saw those warnings as a good reason to keep up the attacks.
  • House Democrats didn’t seek the whistleblower’s testimony for a reason: not just to keep him safe, but also because the case against Trump had been broadly bolstered by a tremendous wealth of evidence on the public record.
  • it adds an additional layer of depravity to the whole affair that the whistleblower’s complaint has been utterly irrelevant to Trump’s legal travails for months. The only conceivable reasons for doing this are to discourage future whistleblowers from exposing wrongdoing and to extract naked revenge against the whistleblower for daring to expose Trump’s corruption in the first place.
  • The larger context here is that Trump has already continued such attacks even when warned that they could have dire consequences. When reporters have personally appealed to Trump’s humanity by telling him they fear his attacks on the media could result in them getting harmed, he has basically shrugged.
  • even after a man was arrested for allegedly threatening mass murder against journalists while repeating Trump’s “enemy of the people” language about the media, Trump kept using the same language.
  • Trump recognizes zero obligation of any kind to temper his rhetoric or conduct, even when — or especially when — he learns it could have the severest of consequences.
liamharron

Trump Jr. says he wanted to know about Clinton's 'fitness' for office in Russian lawyer... - 0 views

  • Hillary Clinton because he was interested in any information on the Democratic candidate’s “fitness, character or
  • "I did not collude with any foreign government and do not know of anyone who did," he said. 
  • had no way to gauge the reliability, credibility or accuracy of any of the things he was saying. As it later turned out, my skepticism was justified,” Trump Jr. said
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  • To the extent they had information concerning the fitness, character or qualifications of a presidential candidate,
  • Russian lawyer Natalia Veselnitskaya, also attended by Trump son-in-law Jared Kushner, campaign chairman Paul Manafort
  • After perfunctory greetings, the lawyer began telling the group very generally something about individuals connected to Russia supporting or funding Democratic Presidential Candidate Hillary Clinton or the Democratic National Committee
  • Trump Jr. sai
  • Democrats have pointed to the Trump Tower meeting to argue collusion between the Trump campaign and the Russian government during the 2016 presidential election
mariedhorne

Law-Firm Clients Demand More Black Attorneys - WSJ - 0 views

  • Companies including Microsoft Corp. MSFT -1.10% , U.S. Bancorp, Uber Technologies Inc. UBER -1.91% and Intel Corp. INTC 0.39% are asking the law firms they hire to detail how many diverse lawyers they employ and whether those lawyers are assigned meaningful work.
  • “What gets done is what gets rewarded,” said Shannon Klinger, chief legal officer of pharmaceutical company Novartis AG , which withholds 15% of legal fees if diversity benchmarks aren’t met.
  • About 2% of partners at U.S. law firms and less than 5% of attorneys in the lower ranks are Black, figures that have barely budged for decades, according to the National Association for Law Placement, or NALP.
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  • “You’ll see the same associate staffed on all the great cases and think, ‘Why am I not getting those same opportunities?’ ” said Duvol Thompson, a partner at Holland & Knight LLP. He recently helped compile a survey of 60 Black male lawyers that concluded: “The consistent challenge is attempting to rise through the ranks based on knowledge, experience and ability rather than being minimized, diminished or judged based on the color of our skin.”
  • When his Chicago-based company set out this spring to buy for-profit online educator Walden University in a $1.5 billion acquisition, Mr. Patterson recruited experienced Black law partners in the three specialty areas he needed: mergers and acquisitions, finance and regulatory law.
  • In any given year, a handful of the nation’s largest law firms have no Black partners. Elite law firm Cravath, Swaine & Moore LLP, which has 500 lawyers, has had one Black partner in its centurylong history.
  • Attrition rates for minority associates were 22%, compared with 17% for white associates, according to a study this year by the NALP Foundation, an industry research group, and legal recruiting firm Major, Lindsey & Africa.
  • “For a profession that’s supposed to be all about equality, opportunity and justice,” he said, “we should be first, not last.”
Javier E

White House Accused of Improperly Politicizing Review of John Bolton's Book - The New Y... - 0 views

  • White House aides improperly intervened to prevent a manuscript by President Trump’s former national security adviser John R. Bolton from becoming public, a career official said in a letter filed in court on Wednesday, accusing them of making false assertions that he had revealed classified material and suggesting that they retaliated when she refused to go along.
  • The disclosures by the official who oversaw the book’s prepublication review, Ellen Knight, were the latest a series of accounts by current and former executive branch officials as the election nears accusing the president and his aides of putting his personal and political goals ahead of the public interest and an evenhanded application of the rule of law.
  • In an extraordinary 18-page document, a lawyer for Ms. Knight portrays the Trump administration as handling its response to the book in bad faith. Her account implied that the Justice Department may have told a court that the book contains classified information — and opened a criminal investigation into Mr. Bolton — based on false pretenses.
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  • She also said an aide to Mr. Trump also “instructed her to temporarily withhold any response” to a request from Mr. Bolton to review a chapter on Mr. Trump’s dealings with Ukraine so it could be released during the impeachment trial, wrote Ms. Knight’s lawyer, Kenneth L. Wainstein.
  • He said that his client had determined in April that Mr. Bolton’s book, “The Room Where It Happened,” no longer contained any classified information, but the “apolitical process” was then “commandeered by political appointees for a seemingly political purpose” to go after Mr. Bolton. The actions she was asked to take were “unprecedented in her experience,” the letter said.
  • Ms. Knight said that political appointees repeatedly asked her to sign a declaration to use against Mr. Bolton that made false assertions. She said that after her refusal, she was reassigned from the White House despite earlier expectations that she would transition to a permanent position there.
  • Politically appointed White House officials — led by Patrick Philbin, the deputy White House counsel — called in Ms. Knight for a Saturday meeting in June and challenged her on why she had signed off on large amounts of material that Mr. Ellis claimed was classified, the letter said. By her account, she was able to explain why he was wrong about everything, frustrating them.
  • Ms. Knight, after extensive work with Mr. Bolton to change his draft to eliminate classified information, had told his team informally in April that it no longer had any unpublishable material. But the White House never sent a formal letter saying the process was over and political appointees in the White House directed Ms. Knight not to communicate with them in writing about the book.
  • Mr. Wainstein recounted a series of irregularities that he said were unlike any other prepublication review Ms. Knight had handled in her two years working at the National Security Council
  • Mr. Ellis had no training in the task at the time — he went through it after he completed his review — and pronounced the book replete with still-classified information. The Justice Department adopted that view in court in seeking to block Mr. Bolton from distributing the book.
  • “The letter strikes me as alleging a very serious infection of the prepublication process by political actors to the detriment of the classification experts who, in any normal administration, would handle these matters based on their experience,” Mr. Geltzer said.
  • But the White House had by then proceeded to have a politically appointed lawyer — Michael Ellis, a former aide to Representative Devin Nunes, Republican of California and a close Trump ally — conduct his own review of the book.
  • “It was clear to Ms. Knight that they were trying to get her to admit that she and her team had missed something or made a mistake, which mistake could then be used to support their argument to block publication,” it said. “To their consternation, Ms. Knight was able to explain the clear and objective reasoning behind her team’s decision-making as to each of the challenged passages.”
  • In the coming days, the letter continued, White House and Justice Department political appointees pressured her over 18 hours of meetings to sign an affidavit they could submit to a court for the litigation against Mr. Bolton that purported to describe her role in the process but was worded in a way that would support their narrative that her review was subpar and had left classified information in the book. She refused.
  • Ms. Knight — who was nearing the end of a two-year detail from the National Archives and Records Administration to the National Security Council — had expected up to that point that she would transition to a permanent position at the National Security Council. However, following the dispute over the Bolton book, she was instead sent back to the National Archives last month.
  • n her account of the pressure from Trump aides, Ms. Knight asked the lawyers why they were so insistent on pursuing legal action and speculated that it was “because the most powerful man in the world said that it needed to happen.”
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