Friday, June 2, 2017

Could Trump use executive privilege to block Comey testimony? - Reuters

Fri Jun 2, 2017 | 11:58 AM EDT
Factbox: Could Trump use executive privilege to block Comey testimony?
By Jan Wolfe
Former Federal Bureau of Investigation Director James Comey will testify on June 8 before a congressional committee investigating Russia's alleged meddling in the 2016 U.S. presidential election.
Comey is expected to tell the Senate Intelligence Committee that President Donald Trump asked him to drop an investigation into former White House national security adviser Michael Flynn's ties to Russia. Trump fired Comey on May 9. 
Legal experts say that Trump could invoke a doctrine called executive privilege to try to stop Comey from testifying. But such a maneuver would draw a backlash and could be challenged in court, they said.
The following describes how executive privilege works and why it could backfire on Trump if he invokes it.

What is executive privilege?
Executive privilege is a legal doctrine that allows the president to withhold information from other government branches.
The U.S. Supreme Court ruled in 1974 in U.S. v Nixon that executive privilege can only be used in limited circumstances, such as protecting national security or preserving the confidentiality of sensitive communications within the executive branch.

How would Trump invoke the privilege to block Comey's testimony?
By Jan Wolfe
Former Federal Bureau of Investigation Director James Comey will testify on June 8 before a congressional committee investigating Russia's alleged meddling in the 2016 U.S. presidential election.
Comey is expected to tell the Senate Intelligence Committee that President Donald Trump asked him to drop an investigation into former White House national security adviser Michael Flynn's ties to Russia. Trump fired Comey on May 9.
Legal experts say that Trump could invoke a doctrine called executive privilege to try to stop Comey from testifying. But such a maneuver would draw a backlash and could be challenged in court, they said.
The following describes how executive privilege works and why it could backfire on Trump if he invokes it.

What is executive privilege?
Executive privilege is a legal doctrine that allows the president to withhold information from other government branches.
The U.S. Supreme Court ruled in 1974 in U.S. v Nixon that executive privilege can only be used in limited circumstances, such as protecting national security or preserving the confidentiality of sensitive communications within the executive branch.

How would Trump invoke the privilege to block Comey's testimony?
Before invoking executive privilege, the president typically obtains a written memorandum justifying the decision from the Office of Legal Counsel, a division of the Department of Justice. The White House counsel is often informally involved in the decision.
After invoking the privilege, the president can direct current and former government officials to not divulge information.

Have presidents invoked executive privilege in the past?

The term was not coined until the 1950s, but most presidents have invoked some version of it, said Mark Rozell, a professor of government at George Mason University. President Barack Obama asserted the privilege in 2012 to block Congress from seeing documents relating to an investigation into Fast and Furious, a botched gunrunning operation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

What are the odds that Trump would legally succeed in blocking Comey's testimony?

Legal experts said Trump would face an uphill climb if he asserted executive privilege to stop Comey from testifying before the congressional committee.
Trump likely would argue that Comey's testimony involves confidential conversations or matters of national security. But that claim would be undercut by the fact that the president has publicly discussed and tweeted about his conversations with Comey, said Rozell.
Trump faces another hurdle if he tries to block Comey's testimony. If Trump pressured Comey to drop the Flynn investigation, as Comey is expected to testify, then Trump may have engaged in obstruction of justice, according to some lawyers. Executive privilege cannot be used to "cover up government misconduct," said Andrew Wright, a professor at Savannah Law School.
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If Trump invoked the privilege, could Comey disregard it?

Typically a president uses executive privilege to prevent government employees from releasing information. Comey is now a private citizen who does not have to worry about losing his job if he does not comply. Rozell said he knows of no legal sanction for ignoring an assertion of executive privilege, but that it would be "unprecedented" for an assertion of the privilege to be ignored.

Could Trump be challenged in court if he asserts executive privilege?

The president and Congress typically hammer out a compromise when they disagree about whether privilege can be asserted, said Rozell.
But there are instances of executive privilege being challenged in court. When Obama cited the privilege to block the release of documents relating to Fast and Furious, Congress sued and asked a judge to direct then-Attorney General Eric Holder to comply with its subpoena. A judge ruled last year that the Justice Department's public disclosures about the controversy undercut the president's executive privilege claim, saying that the Justice Department had already publicly revealed much of the information it said should be kept private.
It would be procedurally complicated to challenge a decision by Trump to block Comey's testimony. First, Congress would have to issue a subpoena requiring Comey to testify. Then Congress would have to find Comey in contempt if he refused. Congress could then ask a federal judge to force Comey to comply with its subpoena. That litigation would lead to a ruling on whether Trump lawfully invoked executive privilege. "There is a path to judicial review, but a lot of things would have to take place," Wright said.

What are the political risks if Trump tries to assert privilege?

Trump would surely face public criticism if he tries to stop Comey's testimony, Rozell said. Critics could claim Trump is using privilege to thwart questions about potential ties between Russia and Flynn and Russia's alleged influence on the election. "That's the rub with executive privilege: It makes it look like you have something to hide," Rozell said.

Reuters 
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Obama, Musk, Other World and Industry Leaders Call Paris Climate Deal Withdrawal a Mistake - NBC News

POLITICS JUN 2 2017, 2:32 AM ET
Obama, Musk, Other World and Industry Leaders Call Paris Climate Deal Withdrawal a Mistake
by PHIL HELSEL  and LEIGH ANN CALDWELL
Former President Barack Obama said on Thursday that the cities and businesses of the United States should step up to reduce greenhouse gases after President Donald Trump announced that America would withdraw from the Paris climate change accord.
The mayor of Pittsburgh, pushing back on Trump's statement that he was elected to represent the citizens of that former steel-making giant rather than those of Paris, condemned the withdrawal.
Tech entrepreneur Elon Musk immediately announced he will quit presidential advisory councils. Disney CEO Bob Iger said he was out, too. General Electric Chairman and CEO Jeff Immelt said "Climate change is real. Industry must now lead and not depend on government."

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Am departing presidential councils. Climate change is real. Leaving Paris is not good for America or the world.
"The United States joins Syria, Nicaragua & Russia in deciding not to participate with world's Paris Agreement. It's now up to cities to lead," Pittsburgh Mayor Bill Peduto, a Democrat, said on Twitter.
Trump said at an announcement at the Rose Garden on Thursday that the United States would withdraw from the international agreement negotiated under Obama, citing a desire to protect American jobs and fuel what he has claimed would be three percent economic growth.
Because Obama didn't ask the Senate for approval of the Paris accord, Trump can act unilaterally without the consent of Congress. Democrats, however, could slow down any action on the floor in retaliation of the decision and tie any pending nominations to the issue, actions that won't change the outcome but frustrate Republicans and the White House.
Obama said in a statement that a withdrawal means an abdication of American leadership. 
"The nations that remain in the Paris Agreement will be the nations that reap the benefits in jobs and industries created. I believe the United States of America should be at the front of the pack," Obama said in the statement. 
"But even in the absence of American leadership; even as this Administration joins a small handful of nations that reject the future; I'm confident that our states, cities, and businesses will step up and do even more to lead the way, and help protect for future generations the one planet we've got," Obama said. 
Reaction on Capitol Hill was mostly partisan, with Republicans standing by the president's decision, praising the U.S.'s withdrawal as good for the economy. "President Trump has once again put families and jobs ahead of left-wing ideology and should be commended for his action," Republican Senate Majority Leader Mitch McConnell said.
But some Republicans in Congress opposed Trump's move. Sen. Susan Collins of Maine said on Twitter: "Climate change requires a global approach. I'm disappointed in the President's decision to withdraw from the Paris Agreement."
Republican Rep. Carlos Curbelo of Florida, who is expected to have a tough re-election in his swing district in south Florida, lobbed a series of tweets in opposition.

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Something's not right when @POTUS is putting our country on a list with bad hombres Bashar al Assad of Syria & Daniel Ortega of Nicaragua
Trump had pledged on the campaign trail to withdraw from the 2015 Paris climate accord, which is a non-binding agreement that asks that all signing countries — rich and poor — take concrete steps to reduce their carbon emissions in the face of climate change.
The Obama administration pledged a 26 to 28 percent cut in U.S. emissions, which Republicans have criticized for potentially having a negative impact on the American economy and its energy sector.
Former Sectary of State John Kerry said on MSNBC that the move to withdraw from the Paris deal was "an extraordinary abdication of American leadership."
He noted that the program was voluntary, and the United States was not forced to do anything under the accord.
"It was a voluntary program. We designed the program," Kerry said. "The president was not truthful with the American people today, and the president who talked about putting 'America first' has now put America last."
Withdrawing from the climate deal could take three years, European Commission President Jean-Claude Juncker said this week.
And French President Emmanuel Macron, German Chancellor Angela Merkel and Italian Premier Paolo Gentiloni said in a joint statement Thursday that they take note "with regret" the U.S. decision to pull out of the 2015 agreement.
The three leaders say they regard the accord as "a cornerstone in the cooperation between our countries, for effectively and timely tackling climate change."
They added that the course charted by the accord is "irreversible and we firmly believe that the Paris Agreement cannot be renegotiated."
Macron, Merkel and Gentiloni say they remain committed to the deal and will "step up efforts" to support the poorest and most threatened nations.

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Decision to withdraw from the #ParisAgreeement was wrong for our planet. Apple is committed to fight climate change and we will never waver.
U.N. spokesman Stephane Dujarric called Trump's decision a "major disappointment for global efforts to reduce greenhouse gas emissions and promote global security."
Canadian Prime Minister Justin Trudeau said on Thursday "We are deeply disappointed that the United States federal government has decided to withdraw from the Paris Agreement" and said Canada is committed to fighting climate change.
Trump on Thursday left open the possibility of renegotiating what he called a better deal that would put American taxpayers first, and suggested the climate deal was a ruse that put the United States at a competitive disadvantage.
"The agreement is a massive redistribution of United States wealth to other countries," Trump said.
Former President Bill Clinton said on Twitter: "Walking away from Paris treaty is a mistake. Climate change is real. We owe our children more. Protecting our future also creates more jobs."
And Goldman Sachs CEO Lloyd Blankfein said in his first tweet from a verified account that "Today's decision is a setback for the environment and for the U.S.'s leadership position in the world," adding the hashtag #ParisAgreement.

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Today's decision is a setback for the environment and for the U.S.'s leadership position in the world. #ParisAgreement
The governors of New York, California, and Washington state said in a statement that they would form a "United States Climate Alliance" which they called "a coalition that will convene U.S. states committed to upholding the Paris Climate Agreement and taking aggressive action on climate change."
A speaker at a protest near the White House called the move "treason" and the crowd chanted "lock him up," a play off of Trump supporters' chants targeting Hillary Clinton during the presidential campaign.

Trump's announced withdrawal from the climate deal was not unexpected. On Wednesday in a tweet in which Trump said he would announce his decision on Thursday, the president ended with his signature phrase: "Make America great again." 
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Trump's withdrawal from Paris Climate Accord branded worst policy blunder - Independent


Donald Trump's decision to withdraw the US from the Paris climate deal has been labelled an “international disgrace” by world leaders, US politicians and environmental groups, who all lined-up to decry the President's announcement. 
The President’s decision to pull the US out of the accord aligns the country with Syria and Nicaragua, the only two nations that did not sign up for the 195-nation deal reached in Paris in 2015.
Mr Trump called German Chancellor Angela Merkel, French President Emmanuel Macron, Canadian Prime Minister Justin Trudeau and British Prime Minister Theresa May after his speech announcing his decision – but that did not stop his allies from voicing their displeasure.
Ms May told Mr Trump that she was disappointed and stressed that the UK remained committed to the agreement.
Italy, France and Germany issued a joint statement saying they regretted Mr Trump's decision to withdraw, and dismissed his suggestion that the global pact could be revised. The US President said he is seeking a “fairer deal” that would protect American workers. 
“We deem the momentum generated in Paris in December 2015 irreversible and we firmly believe that the Paris agreement cannot be renegotiated since it is a vital instrument for our planet, societies and economies,” the leaders of the three countries said.
The unusual French-Italian-German statement, released barely an hour after Mr Trump announced his decision, underscored the disappointment of the Eurozone's three largest economies and their resolve to plough ahead without Washington's support.
Ms Merkel said that she would continue to work to “save the Earth” while Mr Macron said there was “no plan B because there is no planet B”. Aping Mr Trump's 'Make America Great Again' slog, Mr Macron urged nations to “make our planet great again”.
Back in the US, former President Barack Obama – who helped shape the Paris accord – said Mr Trump's administration was joining “a small handful of nations that reject the future”.
Bernie Sanders, the Vermont Senator, called the US’s withdrawal an “abdication of American leadership”.  
“At this moment, when climate change is already causing devastating harm around the world, we do not have the moral right to turn our backs on efforts to preserve this planet for future generations,” Mr Sanders said.
Democratic senator Sheldon Whitehouse, co-chair of the US Senate’s Climate Action Task Force said, “ignoring reality and leaving the Paris agreement could go down as one of the worst foreign policy blunders in our nation's history.”
Democratic congresswoman Norma Torres, a member of the House’s natural resources committee, noted that the agreement was a “landmark achievement that saw unprecedented cooperation between 175 nations and all sectors of the economy.”
“To say this was a diplomatic victory for the United States would be an understatement,” Ms Torres said. “However, once again, we're seeing President Trump cede US global leadership to suit his personal political agenda.” 
Tanya Steele, chief executive of the World Wildlife Fund, said the US’s withdrawal “would make it harder for the world, to reach a safer and more prosperous future.”
“Most people in the UK want the Prime Minister to convince President Trump to stay true to what was agreed in Paris and we urge the next UK Government to press for the USA to urgently re-join the Agreement,” Ms Steele said. 
She added: “The Paris Agreement is more important than just one country and with over 196 signatories it will continue to work towards a low carbon, sustainable future. The Trump administration must not only back the agreement but be a driving force in tackling climate change.”

Anne Hidalgo, the mayor of Paris and Chair of the C40 Cities Climate Leadership Group, urged Mr Trump to reconsider his “short-sighted” decision.

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