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Party-Line Votes Stop Schumer’s Subpoena Push

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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.

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Andrew Feinberg covers the White House, Capitol Hill, and anywhere else news happens for BeltwayBreakfast.com and BroadbandBreakfast.com. He has reported on policy and politics in the nation's capital since 2007, and his writing has appeared in publications like The Hill, Politico, Communications Daily, Silicon Angle, and Washington Business Journal. He has also appeared on both daytime and prime radio and television news programs on NPR, Sirius-XM, CNN, MSNBC, ABC (Australia), Al Jazeera, NBC Digital, Voice of America, TV Rain (Russia) and CBS News. Andrew wishes he could say he lives in Washington, DC with his dog, but unfortunately, he lives in a no-dogs building in suburban Maryland.

White House

Trump’s Attempt To Delay Bolton Book Unlikely To Pass Muster With Courts, Experts Say

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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.”

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White House

Senate Minority Leader Chuck Schumer Outlines Proposal to Majority Leader for Senate Trial of Donald Trump

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Photo of Sen. Chuck Schumer from December 2011 by Bill Ingalls of NASA

WASHINGTON, December 16, 2019 – Senate Minority Leader Chuck Schumer wants President Donald Trump’s impeachment trial to feature witness testimony that was not elicited by House Democrats during their months-long impeachment investigation.

In a letter to Senate Majority Leader Mitch McConnell, R-Ky., Schumer, D-NY, proposed that the president’s Senate trial begin on Tuesday, January 7th, with House Democrats’ beginning to present their case two days later.

Under Schumer’s proposed trial structure, House Democrats and the president’s attorneys would each have 24 hours to present their case.

But Schumer would also like to hear from witnesses “with direct knowledge of Administration decisions regarding the delay in security assistance funds to the government of Ukraine.”

Among the witnesses Schumer would like Democrats to call are White House Acting Chief of Staff Mick Mulvaney, Mulvaney adviser Robert Blair, former National Security Advisor John Bolton, and Office of Management and Budget Associate Director for National Security Michael Duffey.

Messrs. Mulvaney, Blair, Bolton and Duffey were each subpoenaed by House Democrats during the House’s investigation, but each of them declined to appear, citing President Trump’s order that administration officials ignore subpoenas issued as part of the House’s inquiry.

According to Schumer, witnesses are necessary because unlike most figures involved in President Bill Clinton’s 1999 impeachment trial, none of the witnesses he has proposed have offered any previous testimony, while many potential witnesses at Clinton’s trial testified before Independent Counsel Kenneth Starr’s grand jury.

“The trial structure I outlined in my letter to Leader McConnell will ensure all the facts come out,” Schumer said Monday while speaking to reporters.

“In the coming weeks, Republican senators will have a choice — do they want a fair, honest trial that examines all the facts, or do they want a trial that doesn’t let the facts come out?” he asked.

“Trials have witnesses,” he said, adding that if Republicans declined to allow witnesses to be called, the American people would infer that Trump has something to hide.

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Opinion

Trump Administration and Its Enablers Attempt to Smear Civil Servants, Not Political Holdovers

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Photo of former U.S. Ambassador Marie L. Yovanovitch in September 2016 by the U.S. Embassy in Kyiv

After two weeks of hearings which revealed President Donald Trump’s attempt to force Ukraine’s government to announce sham investigations into conspiracy theories meant to exonerate Russia from having interfered in the 2016 election and former Vice President Joe Biden’s family, it’s now a foregone conclusion that Democrats will eventually vote to approve articles of impeachment against a president for only the third time in American history.

When the House reconvenes in December, the task of crafting those articles will fall to House Judiciary Chairman Jerrold Nadler and his staff. They will have a lot of material to work with, mostly testimonial evidence from career foreign service officers, civil servants, foreign policy experts, and even an active duty Army officer, Lieutenant Colonel Alexander Vindman.

But rather than accept the testimony of these largely nonpartisan public servants, Republicans have endeavored to shoot the messengers.

Lt. Col. Vindman, who emigrated here as a child from the Soviet Union and who has literally bled for his adopted homeland (earning a Purple Heart in the process), was recently branded as “Vindictive Vindman” by first-term Sen. Marsha Blackburn, R-Tenn.

Other witnesses, like Deputy Assistant Secretary of State George Kent and former Ambassador to Ukraine Marie Yovanovitch, have been branded as “Never Trumpers” by the president himself. And the Intelligence Community whistleblower whose complaint touched off the entire impeachment inquiry has been labeled — without evidence — a “Democrat operative” by Trump defenders such as Rep. Devin Nunes, R-Calif., the Intelligence Committee’s ranking member.

Some observers may see the constant counterpunching and impugning of witnesses’ motives as just another part of Republicans’ strategy to defend President Trump. But it’s not.

It’s much more frightening than that.

The attempt to smear these nonpartisan civil servants is part of a long-running attempt by Trump and his allies to delegitimize the entire concept of a non-partisan civil service.

It’s a project that stems both from Trump’s obsession with loyalty combined with his misguided belief that federal employees work for him, and from his administration’s goal to “deconstruct the administrative state.”

It began shortly after Trump was sworn in on January 20, 2017, when his allies in conservative media began complaining about “Obama holdovers” serving on the staff of the National Security Council, and in places like the Defense Department, State Department, and pretty much every other executive branch agency.

These “holdovers,” Trump allies said, were to blame for many of the president’s failures, and were part of a Democratic “deep state” working to frustrate Trump’s goals.

The problem with that, of course, is that there is no such thing as a “holdover” — at least not the way Trump and his allies mean.

It is possible for an agency official to be a holdover from a previous administration. When President Obama was preparing to take office in January 2009, he asked then-Bush Defense Secretary Robert Gates to remain in his position.

Gates, a political appointee, was literally held over from the previous administration.

But that’s not what the term means to Trump and his allies.

To them, “holdovers” are the career civil servants and subject matter experts who keep the government running. Such people been a fixture in American government since 1883, when then-President Chester Arthur signed the Pendleton Civil Service Reform Act, which created a competitive exam process for selecting government employees and made it illegal to fire them for political reasons.

Arthur was an unlikely booster for the idea of a professional civil service. He was a “stalwart,” part of a faction of the Republican Party that supported the “spoils” system, which gave the president — and the party controlling the White House — complete control of federal hiring. He was elected as James Garfield’s running mate to placate those Republicans who were concerned about Garfield’s potential for turning off the spoils system’s spigot of graft.

But the abundance of patronage jobs — and the president’s control over them — ended up costing Garfield his life in September 1881, months after he’d been shot twice by Charles Guiteau, a mentally ill man who’d attacked Garfield in a Washington, D.C. train station because he’d been denied the job of consul to Vienna or Paris.

The horror of Garfield’s assassination galvanized public support for a civil service bill, and Arthur — who’d been the subject of unfounded suspicions after his name was invoked by Garfield’s assassin — signed it.

Since then, nonpartisan civil servants have been a fact of life for presidents.

Most have understood that the career professionals who staff the executive branch departments have a vital function.

But not Trump.

For Trump, having served in government during Barack Obama’s presidency is enough to cast suspicion on any federal employee, and his suspicion of career professionals has extended throughout the executive branch.

At agencies large and small, policy planning meetings are routinely restricted to political appointees, and some policies — like the proposed (and dead-in-the-water) merger between the Office of Personnel Management and the General Services Administration — have been designed to give the White House more control over hiring.

Many of those policies have not come to fruition, but the goal of getting rid of “disloyal” employees has now become an article of faith for Trump defenders.

A Senate trial will give Republicans yet more reasons to attack career professionals as disloyal.

The next election will determine whether punishment for “disloyalty” will become more than a conservative pipe dream.

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