President Trump's Refusal to Concede the Election
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Beyond the Bully Pulpit: Presidential Speech in the Courts
SHAW.TOPRINTER (DO NOT DELETE) 11/15/2017 3:32 AM Beyond the Bully Pulpit: Presidential Speech in the Courts Katherine Shaw* Abstract The President’s words play a unique role in American public life. No other figure speaks with the reach, range, or authority of the President. The President speaks to the entire population, about the full range of domestic and international issues we collectively confront, and on behalf of the country to the rest of the world. Speech is also a key tool of presidential governance: For at least a century, Presidents have used the bully pulpit to augment their existing constitutional and statutory authorities. But what sort of impact, if any, should presidential speech have in court, if that speech is plausibly related to the subject matter of a pending case? Curiously, neither judges nor scholars have grappled with that question in any sustained way, though citations to presidential speech appear with some frequency in judicial opinions. Some of the time, these citations are no more than passing references. Other times, presidential statements play a significant role in judicial assessments of the meaning, lawfulness, or constitutionality of either legislation or executive action. This Article is the first systematic examination of presidential speech in the courts. Drawing on a number of cases in both the Supreme Court and the lower federal courts, I first identify the primary modes of judicial reliance on presidential speech. I next ask what light the law of evidence, principles of deference, and internal executive branch dynamics can shed on judicial treatment of presidential speech. -
Majority and Minority Leaders”, Available At
Majority and Minority Party Membership Other Resources Adapted from: “Majority and Minority Leaders”, www.senate.gov Available at: http://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm Majority and Minority Leaders Chapter 1: Introduction Chapter 2: Majority and Minority Leaders Chapter 3: Majority and Minority Whips (Assistant Floor Leaders) Chapter 4: Complete List of Majority and Minority Leaders Chapter 5: Longest-Serving Party Leaders Introduction The positions of party floor leader are not included in the Constitution but developed gradually in the 20th century. The first floor leaders were formally designated in 1920 (Democrats) and 1925 (Republicans). The Senate Republican and Democratic floor leaders are elected by the members of their party in the Senate at the beginning of each Congress. Depending on which party is in power, one serves as majority leader and the other as minority leader. The leaders serve as spokespersons for their parties' positions on issues. The majority leader schedules the daily legislative program and fashions the unanimous consent agreements that govern the time for debate. The majority leader has the right to be called upon first if several senators are seeking recognition by the presiding officer, which enables him to offer motions or amendments before any other senator. Majority and Minority Leaders Elected at the beginning of each Congress by members of their respective party conferences to represent them on the Senate floor, the majority and minority leaders serve as spokesmen for their parties' positions on the issues. The majority leader has also come to speak for the Senate as an institution. Working with the committee chairs and ranking members, the majority leader schedules business on the floor by calling bills from the calendar and keeps members of his party advised about the daily legislative program. -
AMERICAN P VERSIGHT
AMERICAN p VERSIGHT January11,2021 VIA ONLINE PORTAL DouglasHibbard Chief,InitialRequestStaff OfficeofInform ationPolicy DepartmentofJustice 441GStNW,6thFloor Washington,DC20530 ViaOnlinePortal Re: Expedited Freedom of Information Act Request DearFOIAOfficer: PursuanttotheFreedomof InformationAct(FOIA),5U.S.C.§552,andthe implem entingregulationsof youragency,Am ericanOversightmakesthefollowing requestforrecords. OnJanuary6,2021,PresidentTrumpinciteda mtoob attackCongresswhile mbers em werecertifyingtheelectionforPresident-electJoeBiden. 1 Theapparent insurrectionistsattackedtheCapitolBuilding,forcedtheirwaypastreportedly understaffedCapitolPolice,andultim atelydelayedtheCongressionalsessionbyforcing lawmakersandtheirstaffstoflee. 2 Fourpeoplediedduringthisassaultandafifth person,aCapitolPoliceofficer,diedthefollowingdayfrominjuriesincurredwhile engagingwithrioters. 3 Whilem ilitia mbers em roamedthehallsofCongress,Trum preportedlyfoughtagainst deployingtheD.C.NationalGuard, 4 andtheDefenseDepartm entreportedlyinitially 1 PressRelease,OfficeofSen.MittRom ney,Rom neyCondemInsurrectionatU.S. ns Capitol, Jan.6,2021, https://www.romney.senate.gov/rom ney-condem ns-insurrection- us-capitol. 2 RebeccaTan,etal., TrumpSupportersStormU.S.Capitol,WithOneWomanKilledand TearGasFired, Wash.Post(Jan.7,2021,12:30AM), https://www.washingtonpost.com/local/trum p-supporters-storm -capitol- dc/2021/01/06/58afc0b8-504b-11eb-83e3-322644d82356 story.html. 3 EricLevenson, WhatWeKnowAboutthe5DeathsinthePro-TrumpMobthatStormedthe Capitol, CNN(Jan.8,2021,5:29PM), -
May 8, 2020 the Honorable Richard Shelby the Honorable Patrick
May 8, 2020 The Honorable Richard Shelby The Honorable Patrick Leahy Chair, Senate Committee on Appropriations Ranking Member, Senate Committee on 304 Russell Senate Office Building Appropriations Washington, DC 20510 437 Russell Senate Office Building Washington, DC 20510-4502 The Honorable Roy Blunt The Honorable Patty Murray Chair, Subcommittee on Labor, Health Ranking Member, Subcommittee on and Human Services, Education Labor, Health and Human Services, and Related Agencies Education and Related Agencies 347 Russell Senate Office Building 154 Russell Senate Office Building Washington, DC 20510 Washington, DC 20510 Dear Senator Shelby, Senator Leahy, Senator Blunt, and Senator Murray: On behalf of the 37 million Americans living with kidney diseases, including the more than 750,000 with kidney failure, thank you for your efforts to advance kidney health. Our organizations are deeply appreciative of the continued investments Congress has made into basic kidney science research at the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK) and other key institutes, as well as the investment in innovation through KidneyX. As you continue responding to the COVID-19 pandemic, we ask that you provide $100,000,000 in emergency supplemental funding for NIDDK and $200,000,000 for KidneyX to meet the unique challenges facing people with kidney diseases for the current and future crises. People with kidney diseases are among the most vulnerable to infectious diseases and there is mounting evidence that COVID-19 poses a unique risk: hospitalized COVID-19 patients with kidney diseases are two and half times more likely to die from the virus1. The risks posed by COVID-19 are especially salient among people with kidney failure receiving in-center dialysis or living with a kidney transplant2. -
Committee on Appropriations UNITED STATES SENATE 135Th Anniversary
107th Congress, 2d Session Document No. 13 Committee on Appropriations UNITED STATES SENATE 135th Anniversary 1867–2002 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 2002 ‘‘The legislative control of the purse is the central pil- lar—the central pillar—upon which the constitutional temple of checks and balances and separation of powers rests, and if that pillar is shaken, the temple will fall. It is...central to the fundamental liberty of the Amer- ican people.’’ Senator Robert C. Byrd, Chairman Senate Appropriations Committee United States Senate Committee on Appropriations ONE HUNDRED SEVENTH CONGRESS ROBERT C. BYRD, West Virginia, TED STEVENS, Alaska, Ranking Chairman THAD COCHRAN, Mississippi ANIEL NOUYE Hawaii D K. I , ARLEN SPECTER, Pennsylvania RNEST OLLINGS South Carolina E F. H , PETE V. DOMENICI, New Mexico ATRICK EAHY Vermont P J. L , CHRISTOPHER S. BOND, Missouri OM ARKIN Iowa T H , MITCH MCCONNELL, Kentucky ARBARA IKULSKI Maryland B A. M , CONRAD BURNS, Montana ARRY EID Nevada H R , RICHARD C. SHELBY, Alabama ERB OHL Wisconsin H K , JUDD GREGG, New Hampshire ATTY URRAY Washington P M , ROBERT F. BENNETT, Utah YRON ORGAN North Dakota B L. D , BEN NIGHTHORSE CAMPBELL, Colorado IANNE EINSTEIN California D F , LARRY CRAIG, Idaho ICHARD URBIN Illinois R J. D , KAY BAILEY HUTCHISON, Texas IM OHNSON South Dakota T J , MIKE DEWINE, Ohio MARY L. LANDRIEU, Louisiana JACK REED, Rhode Island TERRENCE E. SAUVAIN, Staff Director CHARLES KIEFFER, Deputy Staff Director STEVEN J. CORTESE, Minority Staff Director V Subcommittee Membership, One Hundred Seventh Congress Senator Byrd, as chairman of the Committee, and Senator Stevens, as ranking minority member of the Committee, are ex officio members of all subcommit- tees of which they are not regular members. -
If It's Broke, Fix It: Restoring Federal Government Ethics and Rule Of
If it’s Broke, Fix it Restoring Federal Government Ethics and Rule of Law Edited by Norman Eisen The editor and authors of this report are deeply grateful to several indi- viduals who were indispensable in its research and production. Colby Galliher is a Project and Research Assistant in the Governance Studies program of the Brookings Institution. Maya Gros and Kate Tandberg both worked as Interns in the Governance Studies program at Brookings. All three of them conducted essential fact-checking and proofreading of the text, standardized the citations, and managed the report’s production by coordinating with the authors and editor. IF IT’S BROKE, FIX IT 1 Table of Contents Editor’s Note: A New Day Dawns ................................................................................. 3 By Norman Eisen Introduction ........................................................................................................ 7 President Trump’s Profiteering .................................................................................. 10 By Virginia Canter Conflicts of Interest ............................................................................................... 12 By Walter Shaub Mandatory Divestitures ...................................................................................... 12 Blind-Managed Accounts .................................................................................... 12 Notification of Divestitures .................................................................................. 13 Discretionary Trusts -
Mcconnell Announces Senate Republican Committee Assignments for the 117Th Congress
For Immediate Release, Wednesday, February 3, 2021 Contacts: David Popp, Doug Andres Robert Steurer, Stephanie Penn McConnell Announces Senate Republican Committee Assignments for the 117th Congress Praises Senators Crapo and Tim Scott for their work on the Committee on Committees WASHINGTON, D.C. – Following the 50-50 power-sharing agreement finalized earlier today, Senate Republican Leader Mitch McConnell (R-KY) announced the Senate Republican Conference Committee Assignments for the 117th Congress. Leader McConnell once again selected Senator Mike Crapo (R-ID) to chair the Senate Republicans’ Committee on Committees, the panel responsible for committee assignments for the 117th Congress. This is the ninth consecutive Congress in which Senate leadership has asked Crapo to lead this important task among Senate Republicans. Senator Tim Scott (R-SC) assisted in the committee selection process as he did in the previous three Congresses. “I want to thank Mike and Tim for their work. They have both earned the trust of our colleagues in the Republican Conference by effectively leading these important negotiations in years past and this year was no different. Their trust and experience was especially important as we enter a power-sharing agreement with Democrats and prepare for equal representation on committees,” McConnell said. “I am very grateful for their work.” “I appreciate Leader McConnell’s continued trust in having me lead the important work of the Committee on Committees,” said Senator Crapo. “Americans elected an evenly-split Senate, and working together to achieve policy solutions will be critical in continuing to advance meaningful legislation impacting all Americans. Before the COVID-19 pandemic hit our nation, our economy was the strongest it has ever been. -
The Rise and Fall of Richard Nixon
T H E R I S E A N D F A L L O F... The Rise and Fall of Richard Nixon What events influenced Richard Nixon’s rise to and fall from power? Introduction This photograph was taken of vice presidential candidate Richard Nixon relaxing with his pet dog, Checkers, in 1952. In his famous “Checkers” speech, Nixon refuted accusations that he had misused campaign contributions. He emphasized his family’s modest means, claiming that his wife, Pat, wore not a mink coat but “a respectable Republican cloth coat.” On September 23, 1952, California senator Richard Nixon reserved a spot on television to deliver the most important speech of his career. With this address, Nixon hoped to squash rumors that he had accepted $18,000 in illegal political contributions to finance personal expenses. The Republicans had recently nominated Nixon to run for vice president on Dwight D. Eisenhower’s ticket. When these charges against Nixon became public, Eisenhower was noncommittal — he did not drop Nixon from the ticket, but he also did not defend him. In his speech, Nixon said, “Not one cent of the $18,000 or any other money of that type ever went to me for my personal use. Every penny of it was used to pay for political expenses that I did not think should be charged to the taxpayers of the © 2020 Teachers' Curriculum Institute Level: A T H E R I S E A N D F A L L O F... United States.” But, he did confess to accepting one personal gift: A man down in Texas heard [my wife] Pat on the radio mention the fact that our two youngsters would like to have a dog. -
Trump University a Look at an Enduring Education Scandal
Trump University A Look at an Enduring Education Scandal By Ulrich Boser, Danny Schwaber, and Stephenie Johnson March 30, 2017 When Donald Trump first launched Trump University in 2005, he said that the program’s aim was altruistic. Coming off his success as a reality television show host, Trump claimed that the Trump University program was devoted to helping people gain real estate skills and knowledge. At the Trump University launch event, Trump told reporters that he hoped to create a “legacy as an educator” by “imparting lots of knowledge” through his program.1 Today, it’s clear that Trump University was far from charitable. In fact, Trump University’s real estate seminars often didn’t provide that much education; at some seminars, it seemed like the instructors aimed to do little more than bilk money from people who dreamed of successful real estate careers. As one person who attended the program wrote on a feedback form examined by the authors, “Requesting we raise our credit limits on our credit cards at lunch Friday seemed a little transparent.”2 Lawyers eventually filed three separate lawsuits from 2010 to 2013 against Trump University for, among other claims, “deceptive practices.”3 Donald Trump has agreed to pay a $25 million settlement to the people who attended Trump University in 2007, 2008, 2009, or 2010.4 Founded in 2005, Trump University began by offering online courses but eventually transitioned into offering in-person seminars and mentorship services.5 Overall, Trump University functioned from 2005 until 2010 with thousands of students, 6,000 of whom are covered for damages under the settlement agreement.6 Over time, as Trump sought higher profits, the company’s model shifted to offering more in-person seminars. -
April 9, 2020 the Honorable Henry J. Kerner Special Counsel U.S. Office of Special Counsel 1730 M Street, NW, Suite 218 Washing
April 9, 2020 The Honorable Henry J. Kerner Special Counsel U.S. Office of Special Counsel 1730 M Street, NW, Suite 218 Washington, DC 20036-4505 Re: OSC File No. HA-20-000136 (Jared Kushner) Dear Special Counsel Kerner: Citizens for Responsibility and Ethics in Washington (“CREW”) respectfully requests that the Office of Special Counsel (“OSC”) reconsider its March 20, 2020, decision regarding Jared Kushner, who is both a Senior Advisor to the President and President Trump’s son-in-law. OSC concluded that Jared Kushner did not violate the Hatch Act during an interview with CNN’s Fareed Zakaria; however, OSC’s conclusion did not flow from its findings of fact. Most troubling was OSC’s refusal to consider some of his remarks because, instead of airing them on television, CNN published them in an article—an approach to Hatch Act enforcement for which there is no basis in the law. OSC made three key findings but failed to consider two of them. First, OSC found that Mr. Kushner participated in the interview in his official capacity.1 Second, OSC found that some of his remarks were inappropriate for an employee appearing in an official capacity.2 Third, OSC found that Mr. Zakaria indicated the second segment of the interview was about President Trump’s campaign for reelection,3 which Mr. Kushner was running.4 However, OSC expressly declined to consider the remarks that it deemed inappropriate because CNN published them in an article instead of airing them on television.5 CNN aired other troubling remarks by Mr. Kushner on television, but OSC evaluated them as though they had not been made in the context of a discussion with Mr. -
“Mcconnell Majorities” in Supreme Court Decision-Making
PRESIDENT-SHOPPING FOR A NEW SCALIA: THE ILLEGITIMACY OF “MCCONNELL MAJORITIES” IN SUPREME COURT DECISION-MAKING J. Stephen Clark* WASHINGTON, June 29—By the slimmest of margins, the Supreme Court today ended its decades of protecting abortion rights and overruled Roe v. Wade,1 the 1973 decision that established abortion as a constitutional right.2 The breaking news one day in June 2019 is the demise of Roe v. Wade. By a vote of 5-4, the Supreme Court has overruled the precedent and left the protection of abortion rights to the sole discretion of lawmakers. There had been no majority for such a decision until President Trump had the chance to make two appointments to the Court. One of those appointees wrote the majority opinion. Perhaps fittingly, the author of the opinion was the successor to the late Justice Antonin Scalia, who strove for this goal more vigorously than any member of the Court since 1973. Of course, every supporter of abortion rights realizes that the Trump appointee now sits on the High Court only because President Obama’s nominee for the same seat was ignored by the Senate for eleven months. The overruling of Roe is directly traceable to that stonewalling and its mastermind—the majority leader, Senator Mitch McConnell of Kentucky. Why should supporters of abortion rights accept the legitimacy of a Court decision handed down by a bare majority that owes its fifth vote to Mitch McConnell’s Supreme Court Justice? The answer is that they would not, nor should they. Contrary to McConnell’s repeated claims, his posture of determined inaction * Professor of Law, Albany Law School. -
More Than Elections: How Democracies Transfer Power
JOURNALURNALUSA More Than Elections HOW DEMOCRACIES TRANSFER POWER U.S. DEPARTMENT 0F STATE / BUREAU OF INTERNATIONAL INFORMATION PROGRAMS The Bureau of International Information Programs of the U.S. Department of State publishes a monthly electronic journal under the eJournal USA logo. These journals examine major issues facing the United States and the international community, as well as U.S. society, values, thought, and institutions. U.S. DEPARTMENT OF STATE / JanuarY 2010 VOLUME 15 / NUMBER 1 One new journal is published monthly in English and is http://www.america.gov/publications/ejournalusa.html followed by versions in French, Portuguese, Russian, and Spanish. Selected editions also appear in Arabic, Chinese, and Persian. Each journal is catalogued by volume and International Information Programs: number. Coordinator Daniel Sreebny The opinions expressed in the journals do not necessarily Executive Editor Jonathan Margolis reflect the views or policies of the U.S. government. The Creative Director Michael Jay Friedman U.S. Department of State assumes no responsibility for the content and continued accessibility of Internet sites to which the journals link; such responsibility resides Editor-in-Chief Richard W. Huckaby solely with the publishers of those sites. Journal articles, Managing Editor Lea Terhune photographs, and illustrations may be reproduced and Production Manager/ translated outside the United States unless they carry Web Producer Janine Perry explicit copyright restrictions, in which case permission must be sought from the copyright holders noted in the Designer Chloe D. Ellis journal. The Bureau of International Information Programs maintains current and back issues in several electronic Copy Editor Jeanne Holden formats, as well as a list of upcoming journals, at Photo Editor Maggie Johnson Sliker http://www.america.gov/publications/ejournals.html.