The @WhiteHouse just sent Congress a long list of 40 different concerns and objections it has to the defense authorization bill.
These statements of administration policy are usually technical, but President Trump is making some interesting demands here: <thread>
1. President Obama used to threaten vetoes of bills that barred him from closing Guantanamo Bay. Trump "strongly objects" because Congress doesn't want to spend enough on #Gitmo. "It also does not meet the requirements of the aging detainee population."
2. Trump wants more flexibility to grant sanctions relief under the Russian sanctions bill he begrudgingly signed last year over the threat of a veto override:
3. The Trump administration opposes mandatory minimum sentences for sex crimes in the Armed Forces.
4. President Trump says he wants to create a sixth branch of the Armed Forces — the Space Force. But his administration is objecting to a number of provisions that would begin to implement that, calling them "premature."
5. There's a provision in the NDAA that would bar the government from acquiring telecom equipment from Chinese firms Huawei and ZTE because of security concerns. But Trump is concerned about the "unintended consequences of such a broad prohibition."
6. Congress wants to prevent the Armed Services from revoking medals and awards. The Trump administration says commanders need the power to "preserve the prestige and integrity of these awards."
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White House meeting on clemency process has wrapped up and I'm hearing from participants that @KimKardashian was engaged and attentive.
“She made some really strong points today," says @JessyMichele.
“It was a serious, engaged discussion of the clemency process involving people from very different perspectives. I am encouraged about real work being done to fix something that is broken and important," says @Oslerguy.
Senior White House official: “I would not be surprised if Kim finds her way back to the White House in the not-too-distant future."
I went back and looked at the clemency that President Trump granted to Dwight and Steven Hammond last month and discovered something really unusual: They were given both pardons and commutations on the same day.
It's possible to get both a pardon and a commutation, but they usually happen years apart. Patty Hearst is one famous example: President Carter commuted her sentence for bank robbery, and President Clinton later gave her a full pardon.
There's no reason to give a pardon and commutation simultaneously, because a pardon is the highest form of presidential clemency and automatically commutes any sentence.
The Justice Department just released a bunch of previously unpublished opinions from the Office of Legal Counsel. This one from 2014 says the Justice Department has prosecutorial discretion whether to pursue a contempt of Congress charge. justice.gov/olc/file/10780…
This opinion cleared the way for Robert Lighthizer to be appointed U.S. Trade Representative by claiming it was unconstitutional for Congress to bar anyone “who has directly represented, aided, or advised a foreign entity" from holding that office. justice.gov/olc/file/10780…
Here's an opinion that argues that the John F. Kennedy Assassination Records
Collection Act of 1992, signed by President George W. Bush, cannot force the president to release records he believes should still be classified. justice.gov/olc/file/10780…
Trump's executive order on family separations instructs the Defense Department to make military bases available to house immigrant families — or to build more facilities to house them if necessary.
Trump is also asking for a court to sign off on his new policy, changing a 20-year-old consent decree to allow children to be imprisoned with their parents.
But Trump's executive order explicitly does not overturn Attorney General Sessions' "zero tolerance policy." Immigrant families seeking asylum will continue to be criminally prosecuted unless they request asylum at times and places designated by the government.
Six days ago, a source of mine unexpectedly emailed me a treasure trove of data. So far as I know, it was the last thing he did before committing murder-suicide.
P.S. Ruckman Jr., who went by the twitter handle @pardonpower, was a leading expert on the presidential pardon power and clemency in general.
One of the things that made him such an authority was that he had painstakingly assembled, through countless hours of work at the National Archives, a comprehensive database of every pardon, commutation, respite and reprieve ever granted back to George Washington.