WASHINGTON, January 9, 2019 — As the second-longest government shutdown in American history enters its third week, President Trump on Tuesday attempted to galvanize public support for his unpopular proposal to build a wall at the country’s southern border with a televised, prime-time address to the nation.
After the broadcast networks broke into their regularly-scheduled programming, the president appeared on screen shortly after 9 p.m. to address his fellow Americans about what he called “a growing humanitarian and security crisis at our southern border,” caused by “thousands of illegal immigrants trying to enter our country.”
Trump spoke while sitting at the Resolute desk, behind which past presidents have delivered televised remarks at pivotal moments in history. These include John F. Kennedy’s warning to the Soviets during the Cuban Missile Crisis, Lyndon Johnson’s declining to seek a second full term, and Richard Nixon’s announcing his resignation amidst the turmoil of Watergate, Gerald Ford’s putting an end to the “long national nightmare” by pardoning Nixon days later, Ronald Reagan’s consoling Americans after Challenger disaster, and George W. Bush’s comforting and reassuring a traumatized nation after the 9/11 terrorist attacks.
Unlike those singular examples of presidential oratory, Trump’s ten-minute-long speech broke no new ground.
Mischaracterizations and falsehoods began almost immediately, with the president’s claim that Customs and Border Protection officers encounter “thousands of illegal immigrants trying to enter the country each day.”
The president then attempted to draw a line from the number of aliens — legal and otherwise — arrested by Immigration and Customs Enforcement officers to a claimed epidemic of violent crime resulting from the lack of a physical barrier along the U.S.-Mexico border.
“Over the years, thousands of Americans have been brutally killed by those who illegally entered our country, and thousands more lives will be lost if we don’t act right now,” he said.
Trump also attempted to tie current immigration and border security policies to the nationwide opioid epidemic by repeating his claim that the lack of a border wall has turned the southern border into “a pipeline for vast quantities of illegal drugs, including meth, heroin, cocaine, and fentanyl.”
Trump has frequently suggested that the fentanyl responsible for so many overdose deaths is brought into the United States from Mexico despite the fact that the vast majority of fentanyl sold on American streets comes from Chinese manufacturers and makes its way to the U.S. through the mail or through ports of entry.
Numerous studies have found that immigrants, regardless of status, commit crimes at far lower rates than native-born Americans. Moreover, most drug smuggling — and drug seizures by Customs and Border Protection officers — takes places at ports of entry.
While Trump’s use of the phrase “illegal immigration” brings to mind the image of men and women furtively crossing the border by evading border patrol officers, administration officials openly admit that the number of actual illegal immigrants caught while attempting to cross the border has been on the decline for years. In fact, it is the lowest it has been in decades.
Most people who are residing in the United States illegally came here not through a furtive dash through the desert, but through a passport line on a tourist visa.
Trump also invoked the scourge of human smugglers known as “coyotes” while claiming that 20,000 children “were illegally brought into the country” last month. But as the children in question were granted legal status while their asylum claims are pending, this claim falls flat.
Asked why the president continues to deliberately mischaracterize persons exercising the right to claim asylum in the U.S. as “illegal immigrants,” Counselor to the President Kellyanne Conway said Wednesday that such a distinction was nothing more than “semantics” because “not everyone who presents a claim of fear has a credible claim of fear.”
Conway complained that under current law, families seeking asylum are required to be released into the United States during the pendency of their claims.
When it was pointed out to Conway that the asylum process is a legal method of immigrating to the United States, she told reporters that “that’s not true” because Mexico is a “safe third country” from which immigrants could apply for asylum. “Under the law, they could certainly stay there while their claims are being processed.”.
While the 1996 Illegal Immigration Reform and Responsibility Act bars asylum to aliens who can be returned to a “safe third country,” the Immigration and Nationality Act requires a bilateral or multilateral agreement to be in place between the United States and that country before the 1996 law can be invoked to deny anyone asylum.
The U.S. has a “safe third country” agreement with Canada, but no such agreement exists between the U.S. and Mexico.
When pressed further, Conway again tried to deny that the asylum process is a legal one, telling BeltwayBreakfast: “As a woman, as a mother, I don’t want these kids raped, trafficked, getting into drugs. I care about the kids on that side on the border, I care about kids on this side of the border, and I think it’s high time that people rise above the partisanship and agree on that very basic point,” she said.
Despite Efforts To Calm Americans’ Fears, Trump’s Coronavirus Approval Drops
President Donald Trump’s response to the novel coronavirus outbreak in the United States is leaving Americans less than impressed.
A Morning Consult poll released Tuesday shows less than half of voters surveyed — 49 percent — approve of the president’s approach to dealing with the threat posed by the virus’ spread in the US.
The results of that poll, taken from February 28 to March 1, showed a marked drop from the 56 percent of voters who said they approved of Trump’s actions when surveyed from February 24 to February 26th, a decline caused by a 9-point drop in independents approving of his performance, as well as a 7-point drop among Democrats.
The same February 28-March 1 poll showed the number of voters who disapprove rising to 37 percent, which leaves the president’s net approval on the coronavirus issue at 12 points. That’s less than one third of what it was three weeks ago.
The president’s declining approval numbers on coronavirus come despite his attempts to project calm during two press conferences last week, during which he attacked Democrats for supposedly politicizing the issue.
Trump also tried to stem discontent in the financial markets by putting Vice President Mike Pence in charge of coordinating his administration’s response to the outbreak.
But Pence has a checkered history when it comes to public health matters. As governor of Indiana in 2015, the future Vice President presided over an outbreak of HIV — the virus that causes AIDS — among intravenous drug users that saw over 200 people infected.
Although Pence was advised by public health experts to declare a public health emergency and issue emergency regulations to allow needle exchanges to operate in Indiana (which bans them).
Citing his own belief that needle exchange programs encourage drug use (a belief which is contradicted by most public health experts), Pence refused to allow any such emergency measures until roughly two months after the outbreak peaked, when he approved an exchange which would operate for 30 days.
In 2018, Yale University epidemiologists found that the outbreak could have been stemmed had Pence and other state officials acted faster.
“Our findings suggest that with earlier action the actual number of infections recorded in Scott County — 215 — might have been brought down to fewer than 56, if the state had acted in 2013, or to fewer than 10 infections, if they had responded to the [hepatitis C] outbreak in 2010-2011,” the study’s lead author, Forrest W. Crawford, said at the time. “Instead, they cut funding for the last HIV testing provider in the county.”
Another of the paper’s authors, Yale University’s Gregg Gonsalves, tweeted on Wednesday that Trump’s decision to place Pence in charge of coronavirus response ““speaks to a lack of seriousness by the White House.”
When asked on Saturday whether he and Pence would pledge that politics and ideology would play no role in determining how the Trump administration responds to a coronavirus outbreak, Trump refused to do so.
Speaking in his own defense, Pence downplayed the seriousness of the 2015 outbreak, which he said occurred “in a very small town.”
“I think my experience as a governor, dealing with two different infectious diseases and seeing the vital role that local healthcare providers play, that federal officials play, it has really informed me,” he said.
Trump’s Attempt To Delay Bolton Book Unlikely To Pass Muster With Courts, Experts Say
President Trump is personally seeking to block publication of his former national security adviser’s book by asserting that any conversation with him is by its very nature classified.
The heretofore unprecedented theory would prevent Ambassador John Bolton, who served as Trump’s national security adviser until last fall, from publishing his book, “The Room Where It Happened,” until either Trump relents and allows it or a judge intervenes after litigation that would undoubtedly delay the book’s publication until well past its announced March 7 release date.
According to The Washington Post, Trump has told aides that he will endeavor to block the book’s publication on the grounds that his conversations with Bolton are classified in their entirety, no matter the topic.
While the president has broad authority to declare information classified — or to declassify it — an assertion that all conversations between him and his national security advisor are classified would contradict the posture taken by the career National Security Council staff tasked with reviewing the manuscript prior to publication.
In a letter sent last month to Bolton attorney Charles Cooper, NSC records office senior director Ellen Knight warned that Bolton’s book “appear[ed] to contain significant amounts of classified information” which had been deemed top secret, but also maintained that the NSC would assist with revisions to excise that information so as to “move forward as expeditiously as possible.”
Knight, a career official whose role places her in charge of the prepublication review process, told Cooper that NSC staff would “do our best to work with you to ensure your client’s ability to tell his story in a manner that protects U.S. national security.”
Joshua Geltzer, a Georgetown University Law Center visiting professor who served as the NSC’s Senior Director for Counterterrorism from 2015-2017, said an assertion that any conversations between Bolton and the president are per se classified was unlikely to pass legal muster.
“At best, that’s mushing classification together with executive privilege,” he said. “Sometimes people think of [classification] as a form of privilege, but it’s not the same as the privilege that attaches to the communications between the President and his closest advisor.”
Geltzer said he would hope that the career NSC officials who’d normally review Bolton’s book would do their jobs “as they understand them to be best and correctly done,” but conceded that Trump could, in theory, overrule them.
If the President wants to overrule them, he definitely has that authority in many, many areas. But I would hope that their instinct is still to do the job correctly, rather than to do it incorrectly.”
Steven Aftergood, a physicist who heads the Federation of American Scientists’ Project on Government Secrecy, said claiming any conversation with the president is classified would be an “unusually aggressive and expansive view of classification,” but said such an assertion would not necessarily pass legal muster because the White House would need to indicate to Bolton what information in the book is classified “with a degree of specificity.”
Knight, Aftergood said, would most likely not tolerate such an abuse of the prepublication review process because she is “a career professional who has spent decades distinguishing carefully between what is classified and what is not.”
If Bolton is forced to file suit to ensure publication of his manuscript, Geltzer said judges might not take kindly to such a sweeping declaration of classification in the post-Snowden era.
A judge, he said, could ask for the government to submit an ex parte affidavit — one that is submitted to the court without a copy being seen by the other side — explaining why certain information has been deemed classified at a level that disclosure would cause “grave harm” to national security.
But forcing Bolton to take the White House to court could backfire, he explained.
“Are they really going to claim that John Bolton, a hard, right conservative, is trying to jeopardize national security by disclosing classified information? Who is really going to believe that?” he asked.
“Everyone will understand what what game is being played right now if publication is is blocked, or significantly deferred,” he said. If his book is is delayed for months or longer, everyone will understand that it’s not because of national security reasons, but because of political ones.”
Party-Line Votes Stop Schumer’s Subpoena Push
The Senate has rejected a succession of amendments to the rules governing President Trump’s impeachment trial which would direct Chief Justice John Roberts to issue subpoenas to the White House and several executive branch agencies which refused to honor subpoenas issued during the House’s impeachment inquiry.
Senators voted along party lines, 53-47 to table a series of amendments offered to the proposed Republican-authored trial rules by Senate Minority Leader Chuck Schumer, D-New York, which would have compelled the White House, the State Department, and the Office of Management and Budget to produce documents for the Senate to consider as evidence when deciding whether to remove Trump from office for abuse of power and obstruction of Congress.
Senator Ted Cruz, R-Texas, condemned Democrats for objecting to the “very reasonable proposal” of using a process similar to that used to try President Bill Clinton in 1999.
“This seems to be a time for Adam Schiff and the house managers to attack the president and lecture the American people,” he said.
While speaking to reporters during a break in the trial, Minnesota Democrat Amy Klobuchar hit back against White House Counsel Pat Cipollone, who during part of his arguments on Tuesday remarked that “some of you” (referring to senators who are currently running for the Democratic presidential nomination) “should be in Iowa” rather than sitting in the Senate chamber.
“I’ve made clear from the very beginning that I’ve got to do my constitutional duty,” she said.