Connect with us

The Dictatorship

Biden has one last chance to protect America from Trump’s attempts to skirt the law

Published

on

Biden has one last chance to protect America from Trump’s attempts to skirt the law

We had fair warning. Last month, The New York Times reported that then-candidate Donald Trump’s advisers were telling him to skip FBI background investigations for his high-level selections for nominees. Last week, BLN, citing “people close to the transition planning,” reported that Trump doesn’t plan to submit the names of at least some of his Cabinet-level picks for FBI vetting. Whether you’re Republican, Democrat or independent, and regardless of whether you’re energized or enraged by Trump’s controversial picksyou should be concerned about the possibility of a vetting process that’s really no process at all.

Whether you’re energized or enraged by Trump’s picks, you should be concerned about the possibility of a vetting process that’s really no process at all.

The FBI has conducted background investigations of White House nominees since at least the tenure of President Dwight Eisenhower’s time in office. Even so, there’s no law clearly mandating presidents or presidents-elect to submit their nominees and appointments to the FBI for investigation. In 1953, Eisenhower issued Executive Order (EO) 10450calling for investigations of prospective federal employees. Yet, executive orders don’t have the full effect of a law and are only binding on the executive branch. Worse, Eisenhower’s executive order is subject to interpretation. Consider Section 2, “The head of each department and agency of the Government shall be responsible for establishing and maintaining within his department or agency an effective program to ensure that the employment and retention in employment of any civilian officer or employee within the department or agency is clearly consistent with the interests of the national security.” There’s lots of wiggle room there.Section 3 of that executive order reads, “The appointment of each civilian officer or employee in any department or agency of the Government shall be made subject to investigation … but in no event shall the investigation include less than a national agency check (including a check of the fingerprint files of the Federal Bureau of Investigation).” That means that Trump, who claims he’s using private firms to conduct background inquiries, might get by with having whatever firm that is simply checking FBI fingerprint files. Yet, despite there being no mandate, the intent here was a government inquiry involving the FBI.

Subsequent presidents, including Bill Clinton and Barack Obamarevised Eisenhower’s edict to mitigate intrusive inquiries into sexual orientation in the granting of security clearances, but still missing is a specific mandate for FBI investigation of White House nominees. And again, an executive order isn’t quite a law. Clearly, the intent in these executive orders has always been for a government agency, particularly the FBI, to conduct these inquiries, but we have an incoming president who thumbs his nose at rules and intentions.The Presidential Transition Act of 1963 directs the FBI to conduct such background checks “expeditiously” for “individuals that the President-elect has identified for high level national security positions.” But what if he never formally identifies and submits his picks to the Department of Justice and the FBI? In his last administrationTrump overrode security adjudicators who denied clearances for his son-in-law, Jared Kushnerand many others, after FBI background checks resulted in national security concerns. This time, he appears poised to dispense with the FBI checks and potentially with the Senate confirmation process by making recess appointments.

That leaves us with two pertinent memorandums of understanding (MOU) which should enable President Joe Biden and/or the U.S. Senate Judiciary Committee to quickly do something to preserve national security and the Constitution’s advice, and consent powers conferred on our elected lawmakers.

This time, he appears poised to dispense with the FBI checks and potentially with the Senate confirmation process by making recess appointments.

First, Biden should rely upon the existing MOU between the Department of Justice and his office, as well as the Presidential Transition Act, to investigate the people Trump says he wants to put in office. The MOU sets out procedures for requesting background investigations of nominees “at the request of the president.” It doesn’t say the president-elect, it says “president.” That’s you, Joe. As for the transition act, it reads as applying to people “…the President-elect has identified” for high-level positions. Well, the president-elect has already publicly identified those people. And Biden should respond.What happens if a nominee refuses to cooperate, won’t provide his consent to be investigated or won’t fill out any forms? The MOU has a remedy for that: “The DOJ and FBI may consider a request from the President for a name check or BI without the consent of the appointee if justified by extraordinary circumstances.” I’d say with some of these nominees named by Trump, and the fact that Trump may forego FBI vetting of them, we have extraordinary circumstances.

The Senate Judiciary Committee has its own pertinent MOU with the Counsel to the President. That document says the committee “shall have access to” the FBI reports on nominees for attorney general, FBI director or summaries for “all other DOJ nominees and non-judicial nominees.” Emphasis on all other and non-judicial. We know senators want the details of the House Ethics Committee inquiry into former Rep. Matt Gaetz, Trump’s pick for attorney general. An FBI background investigation would certainly include a request to review that report, as well as the DOJ criminal investigation, now closed, into Gaetz. The Senate Judiciary Committee should make a bipartisan request for an FBI background check of Trump’s picks now. Regardless of party affiliation, if senators relinquish their advice and consent authority or confirm a nominee without benefit of knowing the risk they pose, then they set a precedent for never again exercising their constitutional powers.

You’d be right to ask, “What’s the point?” After all, Trump is unlikely to read, let alone act upon, any derogatory information developed in FBI reports. The point would be to force Trump’s hand. Drop the reports on his desk and let him go forward with nominees who potentially are either found through investigation to be unqualified, at risk of compromise, or even a national security threat. Let Trump order White House security clearance adjudicators or his hand-picked agency heads to grant security clearances to seemingly unqualified candidates. Let the Senate affirm nominees after they’ve read details about the kind of people who may lead the DOJ or serve as the director of national intelligence.

Don’t take it from me. Here’s what Founding Father Alexander Hamilton said about the Senate’s advice and consent role, and the need for checks and balances against a president’s nominees. “…the president would be ‘ashamed and afraid’ to bring forward unmeritorious candidates, whose only qualifications would be [hailing] from particular states, or being personally allied to the president, or ‘possessing the necessary insignificance and pliancy to render them the obsequious instruments of his pleasure.’”

Biden should be neither ashamed nor afraid to thoroughly investigate Trump’s picks, given the signs that Trump may not. Through executive order, he should mandate that the FBI conduct background investigations on Trump’s picks and instruct the FBI to begin the process now. The U.S. Senate should use its power to request the same of the FBI.

The clock is ticking.

Frank Figliuzzi

Frank Figliuzzi is an BLN columnist and Senior National Security and Intelligence Analyst for NBC News and BLN. He was the assistant director for counterintelligence at the FBI, where he served 25 years as a special agent and directed all espionage investigations across the government. He is the author of “The FBI Way: Inside the Bureau’s Code of Excellence.”

Read More

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

The Dictatorship

Trump chooses former acting Attorney General Matt Whitaker as NATO ambassador

Published

on

Trump chooses former acting Attorney General Matt Whitaker as NATO ambassador

WASHINGTON (AP) — Donald Trump said Wednesday that he has chosen former acting Attorney General Matt Whitaker to serve as U.S. ambassador to NATO, the bedrock Western alliance that the president-elect has expressed skepticism about for years.

Trump, in a statement, said Whitaker was “a strong warrior and loyal Patriot” who “will ensure the United States’ interests are advanced and defended” and “strengthen relationships with our NATO Allies, and stand firm in the face of threats to Peace and Stability.”

The choice of Whitaker as the nation’s representative to the North Atlantic Treaty Organization is an unusual one, given his background is in law enforcement and not in foreign policy. Whitaker had been considered a potential pick for attorney general, a position Trump instead gave to Matt Gaetza fierce loyalist seen as divisive even within his own party.

The NATO post is a particularly sensitive one given Trump’s regard for the alliance’s value and his complaints that numerous members are not meeting their commitments to spend at least 2% of their GDP on defense.

Later Wednesday, Trump announced that he’d chosen former Republican Rep. Pete Hoekstra of Michigan, who served as ambassador to the Netherlands during his first term, as his upcoming administration’s ambassador to Canada.

“Pete will help me once again put AMERICA FIRST,” the president-elect said in a statement.

What to know about Trump’s second term:

Follow all of our coverage as Donald Trump assembles his second administration.

Whitaker, meanwhile, is a former U.S. attorney in Iowa and served as acting attorney general between November 2018 and February 2019 as special counsel Robert Mueller’s investigation into Russian election interference was drawing to a close.

He had been chief of staff to Trump’s first attorney general, Jeff Sessions, before being picked to replace his boss after Sessions was fired amid lingering outrage over his decision to recuse from the Russia investigation. Whitaker held the position for several months, on an acting basis and without Senate confirmation, until William Barr was confirmed as attorney general in February 2019.

Whitaker has been a relentless critic of the federal criminal cases against Trump, which appear set to evaporate after Trump’s election win. Whitaker has used regular appearances on Fox News to join other Republicans in decrying what they contend is the politicization of the Justice Department over the past four years.

“Matt Whitaker obviously has strong political views, but he followed the rules when I served with him during his three-month tenure as acting Attorney General,” Rod Rosenstein, who was deputy attorney general during Whitaker’s tenure, wrote in an email Wednesday. “Many critics fail to give him credit for that. Matt didn’t drop cases against political allies, and he didn’t pursue unwarranted investigations of political opponents.”

Whitaker has little evident foreign policy or national security experience, making him an unknown to many in U.S. security circles.

Retired Gen. Philip Breedlove, a former supreme allied commander of NATO, said the ambassador’s position was “incredibly important” within the U.S. and NATO security framework, as the direct representative of U.S. presidents in decision-making within the alliance.

“The bottom line is they are looked to have the credibility of the president when they speak,” Breedlove said.

Previous ambassadors to NATO have generally had years of diplomatic, political or military experience. Trump’s first-term NATO ambassador, former Sen. Kay Bailey Hutchison, did not, although she had been involved in foreign policy issues while in Congress. Breedlove said a security background was not essential to the post, but being seen as having a direct line to the president was.

“They need to be seen as actually representing what the president intends. To have the trust and confidence of the president, that’s what’s most important in that position,” he said.

During his 2016 campaign, Trump alarmed Western allies by warning that the United States, under his leadership, might abandon its NATO treaty commitments and only come to the defense of countries that meet the transatlantic alliance’s defense spending targets.

Trump, as president, eventually endorsed NATO’s Article 5 mutual defense clause, which states that an armed attack against one or more of its members shall be considered an attack against all members. But he often depicted NATO allies as leeches on the U.S. military and openly questioned the value of the military alliance that has defined American foreign policy for decades.

In the years since, he has continued to threaten not to defend NATO members that fail to meet spending goals.

Earlier this yearTrump said that, when he was president, he warned NATO allies that he “would encourage” Russia “to do whatever the hell they want” to countries that are “delinquent.”

“‘You didn’t pay? You’re delinquent?’” Trump recounted saying at a February rally. “‘No I would not protect you. In fact, I would encourage them to do whatever the hell they want. You gotta pay. You gotta pay your bills.’”

Jens Stoltenberg, NATO’s secretary-general at the time, said in response that “any suggestion that allies will not defend each other undermines all of our security, including that of the U.S., and puts American and European soldiers at increased risk.”

NATO reported earlier this year that, in 2023, 11 member countries met the benchmark of spending 2% of their GDP on defense and that that number had increased to 18 in early 2024 — up from just three in 2014. Russia’s 2022 invasion of Ukraine has spurred additional military spending by some NATO members.

Trump has often tried to take credit for that increase, and bragged that, as a result of his threats, “hundreds of billions of dollars came into NATO,” even though countries do not pay NATO directly.

Whitaker, Trump noted in his announcement, is a former Iowa football player.

Whitaker has faced questions about his past business dealings, including his ties to an invention-promotion company that was accused of misleading consumers.

The Wall Street Journal in 2018 published an email revealing an FBI investigation into the company, World Patent Marketing Inc. The July 10, 2017, email was from an FBI victims’ specialist to someone who, the newspaper said, was an alleged victim of the company. A Justice Department spokeswoman told the newspaper at the time that Whitaker was “not aware of any fraudulent activity.”

Those selected for the NATO job in recent years have included retired Gen. Douglas Lute, the current U.S. ambassador to China, Nicholas Burns, former acting deputy Secretary of State Victoria Nuland and diplomacy academics who previously served on the National Security Council such as Ivo Daalder and Kurt Volker.

___

Colvin reported from New York. AP Diplomat Writer Matthew Lee and Associated Press writer Ellen Knickmeyer contributed to this report.

Read More

Continue Reading

The Dictatorship

Trump wants Linda McMahon to lead the command of his war on universities

Published

on

Trump wants Linda McMahon to lead the command of his war on universities

When Donald Trump announced his choice of former World Wrestling Entertainment executive Linda McMahon to lead the Department of Education, his statement shouted that with her at the helm, “We will send Education BACK TO THE STATES.” The sentence was a reference to Trump’s previous pledge to shut down the department entirely — a promise Republicans have been making since it was created in 1979.

But axing the entire department was always unlikely — not just because it would require congressional action, but because what Trump actually wants is more federal control over education, not less.

The real focus in the new Trump administration will be higher education.

Like everything else in Trump’s vision for government, he wants the department McMahon would lead to be more corrupt, more ideologically right wing and less capable of doing the job it is supposed to do. In the past, McMahon has promoted private school vouchers that drain money from public schools, and she will surely do so again. But the real focus in the new Trump administration will be higher education. The war on universities is about to begin.

This war has both practical and political purposes for the GOP. For decades, demonizing higher education has been a favorite tactic for Republicans. They believe universities stand in fundamental opposition to the right’s project, and in many ways they’re correct: Most professors are liberal, and critical inquiry often undermines conservative ideas and values.

During the campaign, Trump released a video laying out his plan to “reclaim our once-great educational institutions from the radical left.” He promised to use the “secret weapon” of accreditation, punishing schools that don’t follow his instructions by stripping them of the certification without which they might not survive. “I will fire the radical left accreditors that have allowed our colleges to become dominated by Marxist maniacs and lunatics,” he said, and replace them with Trump-approved accreditors who will bring a more MAGA-friendly approach to higher education.

Trump also said he would have the Justice Department target “schools that continue to engage in racial discrimination,” by which he clearly meant efforts to promote diversity; his allies are planning to invert the DOJ’s Civil Rights Division so it focuses on alleged anti-white racism. If universities do not meet Trump’s standard, they “will not only have their endowment taxed, but through budget reconciliation, I will advance a measure to have them fined up to the entire amount of their endowment.”

Seizing the endowments of universities would almost certainly be illegal, but Trump is spoiling for a fight, and his “secret weapon” is a powerful threat. Accreditation is vital to every university; without it, their students can’t get federal loans and they can’t receive federal research funding (more than half of university research funds come from the federal government).

This assault is already going on at the state level, where Republicans have passed laws outlawing diversity programs, weakening tenure protections and gagging professors from discussing certain ideas. No politician has waged war on his state’s higher education system with more venom than Florida Gov. Ron DeSantis. A 2023 report from the American Association of University Professors called DeSantis’ efforts “a politically and ideologically driven assault unparalleled in US history, which, if sustained, threatens the very survival of meaningful higher education in the state.”

In Vice President-elect JD Vance, Trump has an enthusiastic partner for this fight.

Trump is essentially promising to mount the same kind of attack from Washington. And there’s more. Project 2025 proposed to “deny loan access to students at schools that provide in-state tuition to illegal aliens.” (Trump, of course, disavowed Project 2025, but since the election, those around him have embraced it.) That would mean any student attending a state school in one of the 25 states (plus Washington, D.C.) that allow undocumented students to pay in-state tuition would have their loans cut off.

In Vice President-elect JD Vance, Trump has an enthusiastic partner for this fight. Earlier this year, as a senator, Vance sponsored legislation to take federal funding from universities that allowed undocumented students, including DACA recipients legally allowed to work, to have campus jobs. Vance has expressed admiration for the way Viktor Orbán, the authoritarian prime minister of Hungary, seized control of Hungarian universities as part of his effort to silence his critics. Vance argued that because universities are not properly educating students, “there needs to be a political solution to that problem.”

While Trump and Vance are no doubt sincere in their disgust with diversity and other liberal ideas, their war on universities is driven by politics. We are now in an age of education polarization; in 2020Joe Biden beat Trump among voters with college degrees by 24 points, and when the data comes in from 2024, the results will probably be similar. The same trend is visible in many Western democracies, as voters with more education increasingly support left-wing parties.

It isn’t just that Republicans are less interested in getting the support of voters with college degrees; they’re also eager to use universities as a foil and a scapegoat. We saw that last year when they put on what were essentially show trials of Ivy League presidents over protests against Israel’s war in the Gaza Strip. The purpose wasn’t to defend Jewish students (you’ll forgive me if I have trouble granting the sincerity of Rep. Elise Stefanik, lead inquisitor and one of the most cynically opportunistic characters in Washington); it was to make elite universities an object of anger and contempt.

When Republicans attack higher education as a cauldron of radical ideas that will turn your children against you, they not only undermine colleges and universities that are essential to America’s economy and innovation, they also feed distrust in institutions as a whole that has served Trump so well.

Trump has made many threats against both K-12 and higher education; we don’t know how many he’ll follow up on, or how much enthusiasm Linda McMahon will bring to this fight. But even if he accomplishes only some of his goals, the damage to our country, and one of its greatest engines of social and economic progress, will be severe.

Read More

Continue Reading

The Dictatorship

Bombshell NYT report reveals ‘trail of payments’ from Gaetz to women

Published

on

Bombshell NYT report reveals ‘trail of payments’ from Gaetz to women
  • Bernie Sanders: No ‘blank check’ for Netanyahu

    08:08

  • Now Playing

  • UP NEXT

    ‘Terrible consequences’: New bill would grant Trump a ‘frequent tool of dictators’

    07:32

  • Marjorie Taylor Greene threatens GOP colleagues over Gaetz report: ‘Let’s all dance’

    07:55

  • ‘Terrifying’: Ex-HHS Secretary calls RFK Jr. pick ‘life or death situation’

    05:41

  • RFK Jr. poses threat to health establishment—and public health itself

    08:44

  • Aaron Rodgers moment perfectly sums up how fake information spreads

    03:24

  • Gaetz pick is like Trump’s ‘fraternity hazing ritual’ for Senate GOP, says Hayes

    11:23

  • Trump shocks with ‘unanimously loathed’ Matt Gaetz as attorney general pick

    10:34

  • ‘Tough to watch’: Why the Biden-Trump White House meeting was ‘pretty enraging’

    04:55

  • Don’t be bamboozled by these election postmortems, warns Hayes

    04:18

  • ‘Radioactive’: Why Trump’s win isn’t a ‘mandate’ for the unpopular MAGA agenda

    09:43

  • ‘Your body, my choice:’ Women enraged by emboldened MAGA misogynists

    11:58

  • ‘Power grab’: Elon Musk sets stage to act as Trump’s ‘co-president’

    07:00

  • Sarah McBride, first openly trans member of Congress: ‘Incredibly grateful’

    07:13

  • Chris Hayes lays it out: ‘America didn’t give itself over to Trumpism’

    09:42

  • ‘We must protect our core’: Civil rights lawyer reacts to Trump win

    09:01

  • ‘Pry them from our hands’: Chris Hayes shares post-election message

    06:31

  • ‘No matter who wins’: Chris Hayes shares final thoughts before Election Day

    05:12

  • ‘Frankly, I’d rather be us right now’: AOC and Shawn Fain on final 2024 stretch

    08:26

  • Bernie Sanders: No ‘blank check’ for Netanyahu

    08:08

  • Now Playing

    Bombshell NYT report reveals ‘trail of payments’ from Gaetz to women

    06:33

  • UP NEXT

    ‘Terrible consequences’: New bill would grant Trump a ‘frequent tool of dictators’

    07:32

  • Marjorie Taylor Greene threatens GOP colleagues over Gaetz report: ‘Let’s all dance’

    07:55

  • ‘Terrifying’: Ex-HHS Secretary calls RFK Jr. pick ‘life or death situation’

    05:41

  • RFK Jr. poses threat to health establishment—and public health itself

    08:44

Read More

Continue Reading

Trending