Van Jones is Behind this Electoral College Vote Challenge

July, 2016:

PHILADELPHIA— Self-described “communist” and “rowdy black nationalist” Van Jones is starting a new “social justice” public relations outfit to be called Megaphone Strategies.

The firm touts itself as a “social justice media strategy firm run for purpose, not profit.” (Good luck with your efforts to circumvent human nature, Comrade Jones.) Molly Haigh, communications director for the Progressive Change Campaign Committee is his partner in this new adventure in antisocial activism.

Jones, who was President Obama’s green jobs czar until it was revealed that he was a 9/11 truther, will chair the organization’s board while Haigh will be president and oversee five staffers in the beginning.

AdWeek’s Fishbowl DC blog reports, quoting Jones:

Everywhere we look, we discover courageous people finding ways to break down barriers and solve tough problems. We need to hear their voices, and we need to elevate their work,” said Van Jones of the reason behind the firm’s creation, which will offer strategy, publicity, media training and event/social justice campaign planning services.

Megaphone’s clients include Vote.org, the ACORN-affiliated Working Families Party, and Demand Progress.

Jones, by the way, said Donald Trump’s speech on the closing day of the Republican National Convention makes him an American Hitler.

Well, actually, the America-hating communist didn’t literally say that but he came fairly close.

Although Trump’s speech was widely applauded in Republican circles, Jones called it a “schizophrenic psychopathic attempt to pull apart the Obama coalition,” like a moment “where there’s some big authoritarian movement, and some leader that’s rising up,” and “a disgrace.”

What do you expect from someone who hates everything America stands for?

What Jones said about Trump’s address probably isn’t anywhere near the worst garbage to have spewed from his mouth on CNN where he is a paid contributor. His commentary throughout the Republican National Convention in Cleveland last week was fairly uniformly malicious, ugly, and unfair.

***

Megaphone Strategies lists a majority of its clients as environmental and “social justice” organizations such as 350.org, Green For All, Democracy Fund, and Demand Progress. More here.

Going back to 2009, Van Jones called the Republicans ‘assholes’ before his audience at a time when he worked for the Obama White House.

Will YOU Read General Kelley’s Speech? You Must

“Some people spend an entire lifetime wondering if they made a difference in the world. But, the Marines don’t have that problem.”
– President Ronald Reagan, 1985


Background

MOAA: There is no greater loss than that of one’s child. Military members know this loss far too well, especially when service to the nation is a family calling. For one of the Marines’ most influential generals, this Veterans Day became more meaningful and tragic due to the loss of his son just days before the holiday. Lieutenant General John F. Kelly held several command positions in the Iraq War, most recently as the Commanding General of the Multi National Force-West, a post he held until February of 2009. On November 9th of this year, his son, 1stLt. Robert M. Kelly, fell during battle while on his third combat deployment since 9/11. The overwhelming feeling of sadness would be enough to crush a normal person. Instead, General Kelly kept a commitment to speak in St. Louis in honor of the day of remembrance. This speech is becoming viral, and for all the right reasons. It exemplifies the spirit and honor of the Marine Corps, and of a terrible sacrifice.

Following the speech is a copy of the statement General Kelly put out regarding the loss of his son, as well as links to some of his other speeches that are worth every moment to read.


Veterans Day Speech

The following is a full transcript of the speech made by General Kelly in St. Louis to commemorate Veterans Day:

Nine years ago, four commercial aircraft took off from Boston, Newark, and Washington.  Took off fully loaded with men, women and children-all innocent, and all soon to die.  These aircraft were targeted at the World Trade Towers in New York, the Pentagon, and likely the Capitol in Washington, D.C…  Three found their mark.  No American alive old enough to remember will ever forget exactly where they were, exactly what they were doing, and exactly who they were with at the moment they watched the aircraft dive into the World Trade Towers on what was, until then, a beautiful morning in New York City.  Within the hour 3,000 blameless human beings would be vaporized, incinerated, or crushed in the most agonizing ways imaginable.  The most wretched among them-over 200-driven mad by heat, hopelessness, and utter desperation leapt to their deaths from 1,000 feet above Lower Manhattan.  We soon learned hundreds more were murdered at the Pentagon, and in a Pennsylvania farmer’s field.

Once the buildings had collapsed and the immensity of the attack began to register most of us had no idea of what to do, or where to turn.  As a nation, we were scared like we had not been scared for generations. Parents hugged their children to gain as much as to give comfort. Strangers embraced in the streets stunned and crying on one another’s shoulders seeking solace, as much as to give it.  Instantaneously, American patriotism soared not “as the last refuge” as our national-cynical class would say, but in the darkest times Americans seek refuge in family, and in country, remembering that strong men and women have always stepped forward to protect the nation when the need was dire-and it was so God awful dire that day-and remains so today.

There was, however, a small segment of America that made very different choices that day…actions the rest of America stood in awe of on 9/11 and every day since.  The first were our firefighters and police, their ranks decimated that day as they ran towards-not away from-danger and certain death.  They were doing what they’d sworn to do-“protect and serve”-and went to their graves having fulfilled their sacred oath.

Then there was your Armed Forces, and I know I am a little biased in my opinion here, but the best of them are Marines.  Most wearing the Eagle, Globe and Anchor today joined the unbroken ranks of American heroes after that fateful day not for money, or promises of bonuses or travel to exotic liberty ports, but for one reason and one reason alone; because of the terrible assault on our way of life by men they knew must be killed and extremist ideology that must be destroyed.  A plastic flag in their car window was not their response to the murderous assault on our country.  No, their response was a commitment to protect the nation swearing an oath to their God to do so, to their deaths.  When future generations ask why America is still free and the heyday of Al Qaeda and their terrorist allies was counted in days rather than in centuries as the extremists themselves predicted, our hometown heroes-soldiers, sailors, airmen, Coast Guardsmen, and Marines-can say, “because of me and people like me who risked all to protect millions who will never know my name.”

As we sit here right now, we should not lose sight of the fact that America is at risk in a way it has never been before.  Our enemy fights for an ideology based on an irrational hatred of who we are.  Make no mistake about that no matter what certain elements of the “chattering class” relentlessly churn out.  We did not start this fight, and it will not end until the extremists understand that we as a people will never lose our faith or our courage.  If they persist, these terrorists and extremists and the nations that provide them sanctuary, they must know they will continue to be tracked down and captured or killed.  America’s civilian and military protectors both here at home and overseas have for nearly nine years fought this enemy to a standstill and have never for a second “wondered why.”  They know, and are not afraid.  Their struggle is your struggle.  They hold in disdain those who claim to support them but not the cause that takes their innocence, their limbs, and even their lives.  As a democracy-“We the People”-and that by definition is every one of us-sent them away from home and hearth to fight our enemies.  We are all responsible.  I know it doesn’t apply to those of us here tonight but if anyone thinks you can somehow thank them for their service, and not support the cause for which they fight-America’s survival-then they are lying to themselves and rationalizing away something in their lives, but, more importantly, they are slighting our warriors and mocking their commitment to the nation.

Since this generation’s “day of infamy” the American military has handed our ruthless enemy defeat-after-defeat but it will go on for years, if not decades, before this curse has been eradicated.  We have done this by unceasing pursuit day and night into whatever miserable lair Al Qaeda, the Taliban, and their allies, might slither into to lay in wait for future opportunities to strike a blow at freedom.  America’s warriors have never lost faith in their mission, or doubted the correctness of their cause.
They face dangers everyday that their countrymen safe and comfortable this night cannot imagine.  But this has always been the case in all the wars our military have been sent to fight.  Not to build empires, or enslave peoples, but to free those held in the grip of tyrants while at the same time protecting our nation, its citizens, and our shared values.  And, ladies and gentlemen, think about this, the only territory we as a people have ever asked for from any nation we have fought alongside, or against, since our founding, the entire extent of our overseas empire, as a few hundred acres of land for the 24 American cemeteries scattered around the globe.  It is in these cemeteries where 220,000 of our sons and daughters rest in glory for eternity, or are memorialized forever because their earthly remains are lost forever in the deepest depths of the oceans, or never recovered from far flung and nameless battlefields.  As a people, we can be proud because billions across the planet today live free, and billions yet unborn will also enjoy the same freedom and a chance at prosperity because America sent its sons and daughters out to fight and die for them, as much as for us.

Yes, we are at war, and are winning, but you wouldn’t know it because successes go unreported, and only when something does go sufficiently or is sufficiently controversial, it is highlighted by the media elite that then sets up the “know it all” chattering class to offer their endless criticism. These self-proclaimed experts always seem to know better-but have never themselves been in the arena.  We are at war and like it or not, that is a fact.  It is not Bush’s war, and it is not Obama’s war, it is our war and we can’t run away from it.  Even if we wanted to surrender, there is no one to surrender to.  Our enemy is savage, offers absolutely no quarter, and has a single focus and that is either kill every one of us here at home, or enslave us with a sick form of extremism that serves no God or purpose that decent men and women could ever grasp.  St Louis is as much at risk as is New York and Washington, D.C…  Given the opportunity to do another 9/11, our merciless enemy would do it today, tomorrow, and every day thereafter. If, and most in the know predict that it is only a matter of time, he acquires nuclear, chemical, or biological weapons, these extremists will use these weapons of mass murder against us without a moment’s hesitation. These butchers we fight killed more than 3,000 innocents on 9/11.  As horrible as that death toll was, consider for a moment that the monsters that organized those strikes against New York and Washington, D.C. killed only 3,000 not because that was enough to make their sick and demented point, but because he couldn’t figure out how to kill 30,000, or 300,000, or 30 million of us that terrible day.  I don’t know why they hate us, and I don’t care.  We have a saying in the Marine Corps and that is “no better friend, no worse enemy, than a U.S. Marine.”  We always hope for the first, friendship, but are certainly more than ready for the second.  If its death they want, its death they will get, and the Marines will continue showing them the way to hell if that’s what will make them happy.

Because our America hasn’t been successfully attacked since 9/11 many forget because we want to forget…to move on.  As Americans we all dream and hope for peace, but we must be realistic and acknowledge that hope is never an option or course of action when the stakes are so high. Others are less realistic or less committed, or are working their own agendas, and look for ways to blame past presidents or in some other way to rationalize a way out of this war.  The problem is our enemy is not willing to let us go.  Regardless of how much we wish this nightmare would go away, our enemy will stay forever on the offensive until he hurts us so badly we surrender, or we kill him first.  To him, this is not about our friendship with Israel, or about territory, resources, jobs, or economic opportunity in the Middle East.  No, it is about us as a people.  About our freedom to worship any God we please in any way we want.  It is about the worth of every man, and the worth of every woman, and their equality in the eyes of God and the law; of how we live our lives with our families, inside the privacy of our own homes.  It’s about the God-given rights of life, liberty, and the pursuit of happiness and “that all men are created equal, that they are endowed by their Creator with certain inalienable right.”  As Americans we hold these truths to be self-evident.  He doesn’t.  We love what we have; he despises who we are.  Our positions can never be reconciled.  He cannot be deterred…only defeated.  Compromise is out of the question.

It is a fact that our country today is in a life and death struggle against an evil enemy, but America as a whole is certainly not at war. Not as a country.  Not as a people.  Today, only a tiny fraction-less than a percent-shoulder the burden of fear and sacrifice, and they shoulder it for the rest of us.  Their sons and daughters who serve are men and women of character who continue to believe in this country enough to put life and limb on the line without qualification, and without thought of personal gain, and they serve so that the sons and daughters of the other 99% don’t have to.  No big deal, though, as Marines have always been “the first to fight” paying in full the bill that comes with being free…for everyone else.

The comforting news for every American is that our men and women in uniform, and every Marine, is as good today as any in our history.  As good as what their heroic, under-appreciated, and largely abandoned fathers and uncles were in Vietnam, and their grandfathers were in Korea and World War II. They have the same steel in their backs and have made their own mark etching forever places like Ramadi, Fallujah, and Baghdad, Iraq, and Helmand and Sagin, Afghanistan that are now part of the legend and stand just as proudly alongside Belleau Wood, Iwo Jima, Inchon, Hue City, Khe Sanh, and Ashau Valley, Vietnam.  None of them have every asked what their country could do for them, but always and with their lives asked what they could do for America.  While some might think we have produced yet another generation of materialistic, consumerist and self-absorbed young people, those who serve today have broken the mold and stepped out as real men, and real women, who are already making their own way in life while protecting ours.  They know the real strength of a platoon, a battalion, or a country that is not worshiping at the altar of diversity, but in a melting point that stitches and strengthens by a sense of shared history, values, customs, hopes and dreams all of which unifies a people making them stronger, as opposed to an unruly gaggle of “hyphenated” or “multi-cultural individuals.”

And what are they like in combat in this war?  Like Marines have been throughout our history.  In my three tours in combat as an infantry officer and commanding general, I never saw one of them hesitate, or do anything other than lean into the fire and with no apparent fear of death or injury take the fight to our enemies.  As anyone who has ever experienced combat knows, when it starts, when the explosions and tracers are everywhere and the calls for the Corpsman are screamed from the throats of men who know they are dying-when seconds seem like hours and it all becomes slow motion and fast forward at the same time-and the only rational act is to stop, get down, save yourself-they don’t.  When no one would call them coward for cowering behind a wall or in a hole, slave to the most basic of all human instincts-survival-none of them do. It doesn’t matter if it’s an IED, a suicide bomber, mortar attack, sniper, fighting in the upstairs room of a house, or all of it at once; they talk, swagger, and, most importantly, fight today in the same way America’s Marines have since the Tun Tavern.  They also know whose shoulders they stand on, and they will never shame any Marine living or dead.

We can also take comfort in the fact that these young Americans are not born killers, but are good and decent young men and women who for going on ten years have performed remarkable acts of bravery and selflessness to a cause they have decided is bigger and more important than themselves.  Only a few months ago they were delivering your paper, stocking shelves in the local grocery store, worshiping in church on Sunday, or playing hockey on local ice.  Like my own two sons who are Marines and have fought in Iraq, and today in Sagin, Afghanistan, they are also the same kids that drove their cars too fast for your liking, and played the God-awful music of their generation too loud, but have no doubt they are the finest of their generation.  Like those who went before them in uniform, we owe them everything.  We owe them our safety. We owe them our prosperity.  We owe them our freedom.  We owe them our lives.  Any one of them could have done something more self-serving with their lives as the vast majority of their age group elected to do after high school and college, but no, they chose to serve knowing full well a brutal war was in their future.  They did not avoid the basic and cherished responsibility of a citizen-the defense of country-they welcomed it.  They are the very best this country produces, and have put every one of us ahead of themselves.  All are heroes for simply stepping forward, and we as a people owe a debt we can never fully pay.  Their legacy will be of selfless valor, the country we live in, the way we live our lives, and the freedoms the rest of their countrymen take for granted.

Over 5,000 have died thus far in this war; 8,000 if you include the innocents murdered on 9/11.  They are overwhelmingly working class kids, the children of cops and firefighters, city and factory workers, school teachers and small business owners.  With some exceptions they are from families short on stock portfolios and futures, but long on love of country and service to the nation.  Just yesterday, too many were lost and a knock on the door late last night brought their families to their knees in a grief that will never-ever go away.  Thousands more have suffered wounds since it all started, but like anyone who loses life or limb while serving others-including our firefighters and law enforcement personnel who on 9/11 were the first casualties of this war-they are not victims as they knew what they were about, and were doing what they wanted to do.  The chattering class and all those who doubt America’s intentions, and resolve, endeavor to make them and their families out to be victims, but they are wrong.  We who have served and are serving refuse their sympathy.  Those of us who have lived in the dirt, sweat and struggle of the arena are not victims and will have none of that. Those with less of a sense of service to the nation never understand it when men and women of character step forward to look danger and adversity straight in the eye, refusing to blink, or give ground, even to their own deaths.  The protected can’t begin to understand the price paid so they and their families can sleep safe and free at night.  No, they are not victims, but are warriors, your warriors, and warriors are never victims regardless of how and where they fall.  Death, or fear of death, has no power over them.  Their paths are paved by sacrifice, sacrifices they gladly make…for you.  They prove themselves everyday on the field of battle…for you.  They fight in every corner of the globe…for you.  They live to fight…for you, and they never rest because there is always another battle to be won in the defense of America.

I will leave you with a story about the kind of people they are…about the quality of the steel in their backs…about the kind of dedication they bring to our country while they serve in uniform and forever after as veterans.  Two years ago when I was the Commander of all U.S. and Iraqi forces, in fact, the 22nd of April 2008, two Marine infantry battalions, 1/9 “The Walking Dead,” and 2/8 were switching out in Ramadi.  One battalion in the closing days of their deployment going home very soon, the other just starting its seven-month combat tour. Two Marines, Corporal Jonathan Yale and Lance Corporal Jordan Haerter, 22 and 20 years old respectively, one from each battalion, were assuming the watch together at the entrance gate of an outpost that contained a makeshift barracks housing 50 Marines.  The same broken down ramshackle building was also home to 100 Iraqi police, also my men and our allies in the fight against the terrorists in Ramadi, a city until recently the most dangerous city on earth and owned by Al Qaeda.  Yale was a dirt poor mixed-race kid from Virginia with a wife and daughter, and a mother and sister who lived with him and he supported as well.  He did this on a yearly salary of less than $23,000.  Haerter, on the other hand, was a middle class white kid from Long Island.  They were from two completely different worlds.  Had they not joined the Marines they would never have met each other, or understood that multiple America’s exist simultaneously depending on one’s race, education level, economic status, and where you might have been born.  But they were Marines, combat Marines, forged in the same crucible of Marine training, and because of this bond they were brothers as close, or closer, than if they were born of the same woman.

The mission orders they received from the sergeant squad leader I am sure went something like: “Okay you two clowns, stand this post and let no unauthorized personnel or vehicles pass.”  “You clear?”  I am also sure Yale and Haerter then rolled their eyes and said in unison something like: “Yes Sergeant,” with just enough attitude that made the point without saying the words, “No kidding sweetheart, we know what we’re doing.”  They then relieved two other Marines on watch and took up their post at the entry control point of Joint Security Station Nasser, in the Sophia section of Ramadi, Al Anbar, Iraq.

A few minutes later a large blue truck turned down the alley way-perhaps 60-70 yards in length-and sped its way through the serpentine of concrete jersey walls.  The truck stopped just short of where the two were posted and detonated, killing them both catastrophically. Twenty-four brick masonry houses were damaged or destroyed.  A mosque 100 yards away collapsed.  The truck’s engine came to rest two hundred yards away knocking most of a house down before it stopped.  Our explosive experts reckoned the blast was made of 2,000 pounds of explosives.  Two died, and because these two young infantrymen didn’t have it in their DNA to run from danger, they saved 150 of their Iraqi and American brothers-in-arms.

When I read the situation report about the incident a few hours after it happened I called the regimental commander for details as something about this struck me as different.  Marines dying or being seriously wounded is commonplace in combat.  We expect Marines regardless of rank or MOS to stand their ground and do their duty, and even die in the process, if that is what the mission takes.  But this just seemed different.  The regimental commander had just returned from the site and he agreed, but reported that there were no American witnesses to the event-just Iraqi police.  I figured if there was any chance of finding out what actually happened and then to decorate the two Marines to acknowledge their bravery, I’d have to do it as a combat award that requires two eye-witnesses and we figured the bureaucrats back in Washington would never buy Iraqi statements.  If it had any chance at all, it had to come under the signature of a general officer.

I traveled to Ramadi the next day and spoke individually to a half-dozen Iraqi police all of whom told the same story.  The blue truck turned down into the alley and immediately sped up as it made its way through the serpentine.  They all said, “We knew immediately what was going on as soon as the two Marines began firing.”  The Iraqi police then related that some of them also fired, and then to a man, ran for safety just prior to the explosion.  All survived.  Many were injured…some seriously.  One of the Iraqis elaborated and with tears welling up said, “They’d run like any normal man would to save his life.”  “What he didn’t know until then,” he said, “and what he learned that very instant, was that Marines are not normal.”  Choking past the emotion he said, “Sir, in the name of God no sane man would have stood there and done what they did.”  “No sane man.”  “They saved us all.”

What we didn’t know at the time, and only learned a couple of days later after I wrote a summary and submitted both Yale and Haerter for posthumous Navy Crosses, was that one of our security cameras, damaged initially in the blast, recorded some of the suicide attack.  It happened exactly as the Iraqis had described it.  It took exactly six seconds from when the truck entered the alley until it detonated.

You can watch the last six seconds of their young lives.  Putting myself in their heads I supposed it took about a second for the two Marines to separately come to the same conclusion about what was going on once the truck came into their view at the far end of the alley.  Exactly no time to talk it over, or call the sergeant to ask what they should do.  Only enough time to take half an instant and think about what the sergeant told them to do only a few minutes before: “…let no unauthorized personnel or vehicles pass.”  The two Marines had about five seconds left to live.

It took maybe another two seconds for them to present their weapons, take aim, and open up.  By this time the truck was half-way through the barriers and gaining speed the whole time.  Here, the recording shows a number of Iraqi police, some of whom had fired their AKs, now scattering like the normal and rational men they were-some running right past the Marines.  They had three seconds left to live.

For about two seconds more, the recording shows the Marines’ weapons firing non-stop…the truck’s windshield exploding into shards of glass as their rounds take it apart and tore in to the body of the son-of-a-bitch who is trying to get past them to kill their brothers-American and Iraqi-bedded down in the barracks totally unaware of the fact that their lives at that moment depended entirely on two Marines standing their ground.  If they had been aware, they would have known they were safe…because two Marines stood between them and a crazed suicide bomber.  The recording shows the truck careening to a stop immediately in front of the two Marines.  In all of the instantaneous violence Yale and Haerter never hesitated.  By all reports and by the recording, they never stepped back.  They never even started to step aside.  They never even shifted their weight.  With their feet spread shoulder width apart, they leaned into the danger, firing as fast as they could work their weapons.  They had only one second left to live.

The truck explodes.  The camera goes blank.  Two young men go to their God. Six seconds.  Not enough time to think about their families, their country, their flag, or about their lives or their deaths, but more than enough time for two very brave young men to do their duty…into eternity.  That is the kind of people who are on watch all over the world tonight-for you.

We Marines believe that God gave America the greatest gift he could bestow to man while he lived on this earth-freedom.  We also believe he gave us another gift nearly as precious-our soldiers, sailors, airmen, Coast Guardsmen, and Marines-to safeguard that gift and guarantee no force on this earth can every steal it away.  It has been my distinct honor to have been with you here today.  Rest assured our America, this experiment in democracy started over two centuries ago, will forever remain the “land of the free and home of the brave” so long as we never run out of tough young Americans who are willing to look beyond their own self-interest and comfortable lives, and go into the darkest and most dangerous places on earth to hunt down, and kill, those who would do us harm.

God Bless America, and….SEMPER FIDELIS!


Statement Regarding 1stLt. Robert Kelly

On November 16th, 2010, General Kelly released a statement regarding the loss of his son, carried by Sgt Grit:

Family and Friends,

As I think you all know by now our Robert was killed in action protecting our country, its people, and its values from a terrible and relentless enemy, on 9 Nov, in Sangin, Afghanistan. He was leading his Grunts on a dismounted patrol when he was taken. They are shaken, but will recover quickly and already back at it. He went quickly and thank God he did not suffer. In combat that is as good as it gets, and we are thankful. We are a broken hearted – but proud family. He was a wonderful and precious boy living a meaningful life. He was in exactly the place he wanted to be, doing exactly what he wanted to do, surrounded by the best men on this earth – his Marines and Navy Doc.

The nation he served has honored us with promoting him posthumously to First Lieutenant of Marines. We will bury our son, now 1stLt Robert Michael Kelly USMC, in Arlington National Cemetery on 22 Nov. Services will commence at 1245 at Fort Myers. We will likely have a memorial receiving at a yet to be designated funeral home on 21 Nov. The coffin will be closed. Our son Captain John Kelly USMC, himself a multi-tour combat veteran and the best big brother on this earth, will escort the body from Dover Air Force Base to Arlington. From the moment he was killed he has never been alone and will remain under the protection of a Marine to his final resting place.

Many have offered prayers for us and we thank you, but his wonderful wife Heather and the rest of the clan ask that you direct the majority of your prayers to his platoon of Marines, still in contact and in “harm’s way,” and at greater risk without his steady leadership.

Thank you all for the many kindnesses we could not get through this without you all. Thank you all for being there for us. The pain in unimaginable, and we could not do this without you.

Semper Fidelis

John Kelly

The Beltway Lawyer Chatter about the Trump Admin

As Trump Tests Legal Boundaries, Small DOJ Unit Poised for Big Role

Zoe Tillman, The National Law Journal

President-elect Donald Trump moved quickly in naming his picks for two key legal posts, selecting a conservative politician in Sen. Jeff Sessions to run the U.S. Department of Justice and a loyal adviser in Jones Day partner Donald McGahn II to serve as White House counsel.

Washington lawyers now have their eyes on a less visible appointment, but one that could set the tone on issues ranging from how completely the incoming president separates himself from his business interests to how his administration acts on campaign promises to spike trade agreements and revive harsh interrogation policies.

The Justice Department’s Office of Legal Counsel, which handles legal questions from the White House and federal agencies, often has the last word on murky areas of law and there are plenty trailing Trump into the White House. That positions the next OLC chief to play a key role as the White House maps out its agenda but may also mean navigating delicate politics in an administration that seems bent on testing conventional legal doctrine.

Former OLC officials say the next head of the office will have to walk a fine line to be a lawyer Trump trusts and won’t try to circumvent, without being seen as a rubber stamp.

“It’s going to be an interesting time at OLC because a number of issues are going to be turned upside down,” said Walter Dellinger, a partner at O’Melveny & Myers who led the office from 1993 to 1996.

Citing Trump’s statements in favor of waterboarding, for instance, Dellinger said “the fact that the incoming president has stated in several areas that he intends not to follow existing law will make the position more challenging—and more interesting.”

The Office of Legal Counsel often has a behind-the-scenes role in controversial executive branch policies. Under President George W. Bush, the Office of Legal Counsel established the legal framework for harsh interrogation techniques such as waterboarding; under President Barack Obama, it signed off on the deferral of deportation for millions of undocumented immigrants.

Questions about Trump’s ties to his eponymous company are expected to reach the office early in the new administration. In 2009, the OLC published an opinion about Obama’s acceptance of the Nobel Peace Prize, concluding that it didn’t violate the constitutional prohibition on receiving gifts or titles from foreign governments. Trump’s business dealings overseas and ties that his U.S. properties have to foreign governments present a new set of ethics questions.

Should Trump follow through on his campaign pledges to roll back Obama’s executive actions and federal regulations on everything from immigration to climate change, the office would advise him on whether he could do it, and how.

Early in Obama’s presidency, the OLC withdrew legal opinions from the second Bush administration about the use of harsh interrogation techniques on terror suspects. Trump, who said on the campaign trail that “torture works,” could ask the office to revisit the issue.

A large part of the office’s work is resolving legal spats among agencies and interpreting federal laws and regulations. The lawyers review executive orders, and serve as an adviser to the executive branch on separation-of-powers issues. Occasionally, a big legal question—like torture or government surveillance—will come through.

John McGinnis, a professor at Northwestern University Pritzker School of Law who served as deputy assistant attorney general in the office from 1987 to 1991, cautioned against assuming that Trump’s campaign proclamations signal the policies he’ll embrace as president.

“People in campaigns, this is all politicians, do not speak in policy legal terms. I would not want to predict that what will come to OLC can be captured in the soundbites of a campaign,” McGinnis said.

Since the election, Trump has continued to express his interest in reviving the practice of waterboarding, although he said in a recent interview with The New York Times that he was intrigued by his conversation with a military general who said the practice wasn’t effective.

LEGAL CREDIBILITY

The Office of Legal Counsel is staffed by about 25 attorneys and has a budget of roughly $8 million. Yet because of its influence, it is one of the more politically contentious offices at the Justice Department. That was especially true in the years after the Sept. 11, 2001, terrorist attacks, when the office faced criticism for providing a legal rationale for torturing terror suspects. Both Bush and Obama saw nominees to lead the office stall in the Senate amid partisan opposition.

With a Republican majority in the U.S. Senate and weakened filibuster rules for executive nominees, Trump is expected to have an easier time getting his nominee through.

Some former DOJ officials questioned whether Trump might have a tough time finding a lawyer willing to serve, given the nature of the legal questions they’re expected to confront and the president-elect’s reputation as someone who doesn’t like to be told “no.”

A former top DOJ official in the second Bush administration who spoke on condition of anonymity said he knew lawyers who were hesitant about working for the department and for the OLC, given the controversial questions that office takes on. However, he said that there were many others who would want to work in government regardless of reservations they might have about the president-elect. .

The office has been a stepping stone for many influential lawyers. Among those who held the post under past Republican presidents are the late Supreme Court justices William Rehnquist and Antonin Scalia; Gibson, Dunn & Crutcher partner Theodore Olson; J. Michael Luttig, general counsel of The Boeing Co. and a retired judge on the U.S. Court of Appeals for the Fourth Circuit; and Ninth Circuit Judge Jay Bybee, who ran the office in the aftermath of 9/11 and signed the legal opinion authorizing “enhanced interrogation techniques.”

Carl Nichols, a partner at Wilmer Cutler Pickering Hale and Dorr and a former principal deputy associate attorney general during the second Bush administration, said the OLC chief is typically one of the most trusted advisers to the attorney general.

The office has “enormous legal credibility,” Nichols said. The specifics of the legal questions surrounding Trump and his agenda differ in some ways from his predecessors, Nichols said, but the ultimate task of grappling with the scope of executive power is a familiar one for the OLC.

“It’s a place where the White House and the agencies know if they have a hard question, they’ll have really terrific legal minds thinking about it,” he said.

HARD QUESTIONS

OLC lawyers aren’t the only ones who give legal advice to the executive branch. There are White House lawyers and each agency has its own legal department. During the Obama administration, a body of senior agency lawyers known as “The Lawyers’ Group” met to consider national security-related legal questions.

Harold Koh, a professor at Yale Law School who served as the legal adviser to the U.S. Department of State during the Obama administration and worked as a lawyer in the OLC, wrote in a recent blog post that he thought the interagency approach, which had been used in previous administrations, was the most effective process.

“Different agencies have different equities, perspectives, and areas of expertise and getting the input of all relevant legal arms of our vast executive branch is vital to sound decisionmaking,” Koh wrote.

But the OLC’s decisions carry significant weight, said Jonathan Adler, a professor at Case Western Reserve University School of Law, and although the president isn’t bound by the office’s conclusions, there’s strong precedent against defying them. That has led presidents to occasionally try to circumvent the office, Adler said, rather than having to deal with a contrary opinion. He cited as one example Obama’s decision in 2011 to reportedly eschew the usual OLC process in soliciting opinions about the legality of military action in Libya without congressional approval.

The office’s legal opinions “reflect, or are supposed to reflect, serious, largely neutral or as neutral as possible assessments of important legal questions about what the executive branch may or may not do,” Adler said.

A successful OLC head will take an “extremely proactive” approach to find ways for the administration to legally achieve policy goals, building up political capital for the occasions when the office has to tell the White House or an agency that they can’t do something within the bounds of the law, McGinnis said.

Dellinger said that his advice to an incoming president would be to pick an OLC head “who has a substantial career that gives him or her substantial stature and the ability to say no, and that will help keep you out of trouble.”

To the next head of the OLC, Dellinger said he would advise he or she to make sure to consult with career government attorneys, to always give an honest opinion of the law, and to have a good career to fall back on in the event of a serious disagreement with the White House.

“The job will drive you crazy if you’re not prepared to walk out the door,” he said.

 

Obama Admin Illegally Raiding Funds to Pay for Refugees

There is still time to begin impeachment hearings on these people, schedule Oversight hearings and refer to DoJ from criminal prosecution as it is Congress alone that designates exactly where money is to be allocated and spent.

Meanwhile it seems HHS and the Office of Refugee Resettlement does not think some of these agencies need all the dollars assigned to them, perhaps that too is yet another place to eliminate waste, fraud and abuse if those agencies can in fact due without the raided funds. In the end, the Obama administration along with Sylvia Burwell have violated standing law with twisted priorities to non-citizens…yup illegals.

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Feds cut $167 million in domestic programs to house, feed illegals for just 1 month

WT: The Department of Health and Human Services is raiding several of its accounts, including money for Medicare, the Ryan White AIDS/HIV program and those for cancer and flu research to cover a shortfall in housing illegal youths pouring over the border at a rate of 255 a day.

HHS is trying to come up with $167 million to fund the Office of Refugee Resettlement that is accepting the youths, according to the Center for Immigration Studies.

Policy Director Jessica Vaughan said that insiders have told her that the funding crisis has forced the department to squeeze programs for money.

She just revealed on the CIS website:

“An average of 255 illegal alien youths were taken into the custody of the Office of Refugee Resettlement (ORR) every day this month, according to the latest figures the agency provided to Congress. This is the largest number of illegal alien children ever in the care of the federal government. To pay for it, the agency says it will need an additional one or two billion dollars for the next year – above and beyond the $1.2 billion spent in 2016 and proposed for 2017 – depending on how many more arrive. For now, the Secretary of the Department of Health and Human Services (HHS), where ORR resides, is diverting $167 million from other programs to cover the cost of services for these new illegal arrivals through December 9, when the current continuing resolution expires.”

The money, she said, pays for “shelters, health care, schooling, recreation, and other services for the new illegal arrivals, who typically were brought to the border by smugglers paid by their parents, who often are living in the United States illegally.”

What’s more, it will pay for just one month.

Her sources said the following programs are being hit to pay for the illegals, about half of which the government will lose contact with.

— $14 million from the Health Resources and Services Administration, including $4.5 million from the Ryan White HIV/AIDS Program and $2 million from the Maternal and Child Health program.

— $14 million from the Centers for Disease Control and Prevention, for contagious disease prevention and treatment and other critical public health programs.

— $72 million from the National Institutes of Health, for research on cancer, diabetes, drug abuse, mental health, infectious diseases and much more.

— $8 million from the Substance Abuse and Mental Health Services Administration, for treatment and prevention programs.

— $8 million from the Centers for Medicare and Medicaid Services.

— $39 million from the Children and Families Services Program.

— $4 million from the Aging and Disability Services Programs.

— $3 million from the Public Health and Social Services Emergency Fund, including more than $1 million from the Pandemic Influenza and BioShield Fund.

Agencies Presenting Midnight Regulations for Obama to Sign

Agencies have their lists for Obama to approve. What does Trump know and what is he prepared for? The last days of the Obama administration could be the most dangerous of his administration, is anyone paying attention?

 

Obama is set to ram through last-minute ‘midnight’ regulations to secure his legacy and tie President Trump’s hands

  • ‘Midnight regulations’ are a last chance for a president to make his mark
  • As many as 98 final regulations are under review at the White House
  • These include air pollution from the oil industry and measures aiming to help highly skilled immigrant workers obtain green cards

DailyMail: Barack Obama is set to ram through last minute regulations to try and cement his legacy.

‘Midnight regulations’ are those introduced between November’s election and January’s inauguration of a new president.

It is a last chance for an outgoing Commander-in-chief to put his stamp on the presidency and, in the case of Obama, tie the hands of his controversial successor.

Obama can pass the rules because of a loophole in US law allowing him to put last-minute regulations into the Code of Federal Regulations (rules that have the same force as law).

As many as 98 final regulations are under review at the White House and could be implemented before the brash billionaire takes office.

Seventeen of those are considered ‘economically significant’, with an estimated economic impact of at least $100m a year, Politico reported.

Obama is trying to push through regulations on issues close to him such as air pollution from the oil industry and measures aiming to help highly skilled immigrant workers obtain green cards.

He is also pressing ahead with negotiations on an investment treaty with China and decisions by the Education Department on whether to offer debt relief to students at defunct-for-profit colleges.

By contrast, Trump has shown a disdain for climate change and campaigned on an anti-immigration rhetoric, describing Mexicans as ‘rapists’ and pledging to build a wall on the US border with Mexico.

The Republican has also criticized China’s trade and currency practices and threatened to impose tariffs up to 45 per cent on Chinese imports.

Gina McCarthy, US Environment Protection Agency Administrator, said: ‘We’re running – not walking – through the finish line of President Obama’s presidency.’

Obama has gone ahead with the ‘midnight regulations’ despite House Majority Leader Kevin McCarthy warning him against doing so.

In a letter on November 15, he said: ‘Should you ignore this counsel, please be aware that we will work with our colleagues to ensure that Congress scrutinizes your actions – and, if appropriate, overturns them’.

Trump has also vowed to cancel ‘every wasteful and unnecessary regulation which kills jobs and bloats government.’

The so-called ‘midnight regulations’ can be reversed by the same executive agencies, but that requires a considerable rule-making process.

Congress could also effectively overturn them by passing more explicit statutory mandates – but risk turning an unwanted regulation into law.

A final powerful weapon at their disposal is the Congressional Review Act – however it has only ever been used once. This gives Congress 60 legislative days to review and overturn major regulations enacted by federal agencies.