Showing posts with label Jerrold Nadler. Show all posts
Showing posts with label Jerrold Nadler. Show all posts

Tuesday, September 10, 2019

CONYERS Portrait In The U.S. House Judiciary Committee 2017

The portrait was placed, stage left, on the wall of the U.S. House of Representative Judiciary Committee.





Portrait by Simmie Knox


C-SPAN has locked the video on embedding, obstructing use in the public record.

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Thursday, December 14, 2017

Cummings and Nadler Seek Subpoenas for Trump Campaign Consultants Refusing to Deny Foreign Contacts During Election



Washington, D.C. (Dec. 14, 2017)—Today, Rep. Elijah E. Cummings, the Ranking Member of the House Committee on Oversight and Government Reform, and Rep. Jerrold Nadler, the Ranking Member of the House Committee on the Judiciary, sent a letter, below, asking their respective Chairmen, Reps. Trey Gowdy and Bob Goodlatte, to issue subpoenas for documents from two Trump Campaign data consultants—Cambridge Analytica and Giles-Parscale—after they refused to deny any communications with foreign actors during the 2016 presidential campaign.

“We understand that you declined to join the original request for documents from these companies, but this is a matter that directly affects our citizens and their exercise of their right to vote,” Cummings and Nadler wrote.  “We owe the American people robust and meaningful oversight of matters affecting the integrity of our electoral process.”

On October 26, 2017, Ranking Members Conyers and Cummings sent a letter to five data consultants—Cambridge Analytica, Giles-Parscale, Target Point, Deep Root, and Data Trust—requesting documents relating to their possible engagement with foreign actors such as WikiLeaks, communication with foreign governments, or the use of misappropriated data.

Cummings and Nadler disclosed today that three of these companies—TargetPointDeep Root, and Data Trust, below,—sent responses on the same day, using language that was nearly identical and apparently coordinated, denying any foreign contacts.

In contrast, a letter from Brad Parscale of Giles-Parscale notably failed to deny that his company had contacts  with or received information from foreign actors or governments during the 2016 campaign. 

Recent press accounts have reported that Donald Trump, Jr. emailed Parscale about his correspondence with WikiLeaks.

In addition, Cambridge Analytica refused to respond at all and thus did not deny that the company had contacts and communications with foreign actors or received any stolen or misappropriated data. 

WikiLeaks founder Julian Assange confirmed that Cambridge Analytica approached WikiLeaks during the campaign to coordinate the release of former Secretary of State Hillary Clinton’s emails. 

Alexander Nix, CEO of Cambridge Analytics, also confirmed this outreach.

“Because the first three companies have asserted unequivocally that none of their employees had contacts with any foreign agents during the presidential campaign, we are willing to delay any further inquiry unless or until evidence to the contrary emerges,” Cummings and Nadler wrote.  “However, neither Giles Parscale nor Cambridge Analytica have denied these contacts.  We therefore request that our committees issue subpoenas to these companies to compel the production of the information they are withholding from Congress.”

If the Chairmen decline to issue these subpoenas, then Cummings and Nadler request they place this matter on the agenda for the next regularly scheduled business meeting so Committee Members may vote on motions to subpoena these documents.





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Wednesday, December 13, 2017

Statement of Ranking Member Jerrold Nadler for the Hearing on “Oversight of the Federal Bureau of Investigation”





Thank you, Mr. Chairman.  Welcome to the House Judiciary Committee, Mr. Rosenstein. 

For the better part of a year, my colleagues and I have implored this Committee to conduct real oversight of the Department of Justice. 

On January 24, 2017, we wrote to Chairman Goodlatte insisting that “the Committee hold hearings on President Trump’s conflicts of interest, at home and abroad.”  Citing to experts across the political spectrum, we showed that “[t]he Administration’s attempts to address its ongoing conflicts of interest are, so far, wholly inadequate.”  Six weeks later, Attorney General Sessions was forced to recuse himself from the Russia investigation—but we have not held a single hearing on the question of conflicts of interest.

On March 8, we wrote again to the Chairman, encouraging him to call hearings on “Russia’s alleged interference in the U.S. election.”  Again, no such hearings were ever held.

In fact, this Committee—which during the Obama Administration held half a dozen hearings around Operation Fast & Furious, received testimony from FBI Director James Comey three times in 13 months, and detailed staff and resources to a Benghazi investigation that cost the public almost $8 million—this Committee, from Inauguration Day until four weeks ago, was largely silent in terms of oversight.

We haven’t lifted a finger on election security.  Attorney General Sessions told us on November 14 that he has done nothingto secure the next election from threats at home and abroad. 

We have not once discussed the President’s abuse of the pardon power.  While the hurricane bore down on Houston, President Trump sidelined the Office of the Pardon Attorney to pardon a serial human rights abuser who bragged about running a concentration camp in Arizona. 

And we have not held a single hearing on allegations of obstruction of justice at the White House—not for lack of evidence, but because, in the Chairman’s words, “there is a special counsel in place examining the issue,” and “several other congressional committees are looking into the matter,” and the Committee “does not have the time” to conduct this critical oversight.  I ask my colleagues to keep those excuses in mind.

Now, with the year coming to a close, with the leadership of the Department of Justice finally before us, what do my Republican colleagues want to discuss?  Hillary Clinton’s emails.

Let me repeat that:  With all of these unresolved issues left on our docket, a week before we adjourn for the calendar year, the Majority’s highest oversight priority is Hillary Clinton’s emails and a few related text messages.

As we saw in our recent hearings with the Department of Justice and the FBI, my Republican colleagues seem singularly focused on their call for a second special counsel—and, failing that, on the need to investigate the investigators ourselves.

The White House has now joined the call by House Republicans for a new special counsel to investigate the FBI.  The President’s private lawyers have done the same.  I understand the instinct to want to change the subject after the Flynn and Manafort indictments—but this request is grossly misguided, for a number of reasons.

First, it shows a fundamental misunderstanding of how the special counsel regulations work.  

Some criminal investigations pose a conflict of interest to the Department of Justice.  The Russia investigation is such a case—because of the Attorney General’s ongoing recusal and because Department leadership assisted in the removal of Director Comey, among other reasons.  In cases like these, the Attorney General may use a special counsel to manage the investigation outside of the ordinary chain of command. 

But the key here is the criminal investigation.  That’s what special counsel does.  The Department cannot simply assign a special counsel to look at things that bother the White House.  There has to be enough evidence to have predicated a criminal investigation in the first place.  Then, and only then, if the facts warrant, can a special counsel be assigned to the case.

So far, there has been no credible factual or legal claim that anybody at the Department of Justice violated any law by deciding not to bring charges against Hillary Clinton or by attempting to meet with Fusion GPS.  In other words, there is no investigation to which the Department could even assign a new special counsel. 

Second, the list of grievances raised by the Majority for review by a new special counsel also seems wildly off the mark.

For example, there is nothing unlawful about Director Comey’s sitting down to draft an early statement about the Clinton investigation—nor would it have been unethical to outline his conclusions before the investigation was over, if the clear weight of the evidence pointed in one direction.

Nor is there anything wrong with FBI agents expressing their private political views via private text message, as Peter Strzok and Lisa Page appear to have done in the 375 text messages we received last night.  In fact, Department regulations expressly permit that sort of communication.

I have reviewed those text messages, and I am left with two thoughts. 

First, Peter Strzok did not say anything about Donald Trump that the majority of Americans weren’t also thinking at the same time.  And second, in a testament to his integrity and situational awareness, when the Office of the Inspector General made Mr. Mueller aware of these exchanges, he immediately removed Mr. Strzok from his team.

To the extent that we are now engaged in oversight of political bias at the FBI, this Committee should examine evidence of a coordinated effort by some agents involved in the Clinton investigation to change the course of the campaign in favor of President Trump by leaking sensitive information to the public, and by threatening to leak additional information about new emails after the investigation was closed.

On Monday, Ranking Member Cummings and I sent a letter to the Department asking for additional materials related to these leaks, as well as to claims that these efforts may have been coordinated with former Mayor Rudy Giuliani, former National Security Advisor Michael Flynn, and other senior figures in the Trump campaign.

Third, the President’s call for an investigation of the investigation is, at best, wildly dangerous to our democratic institutions.

On the one hand, the President’s old “lock her up” cheer seems quaint after a couple of guilty pleas by Trump associates.

On the other, as former Attorney General Michael Mukasey—no fan of Hillary Clinton—has said: the President’s continued threats to prosecute his political opponents is “something we don’t do here.”  If the President were to carry out his threat, “it would be like a banana republic.”

Finally, and most important, this investigation into the investigation cannot credibly be a priority for this Committee at this time.

I understand the instinct to want to give cover to the President.  I am fearful that the Majority’s effort to turn the tables on the Special Counsel will get louder and more frantic as the walls close in around the President.  But this Committee has a job to do.

President Trump has engaged in a persistent and dangerous effort to discredit both the free press and the Department of Justice.  These are the agencies and institutions under our jurisdiction.  Every minute that that our Majority wastes on covering for President Trump is a minute lost on finding a solution for the Dreamers, or curbing a vicious spike in hate crimes, or preventing dangerous individuals from purchasing firearms, or stopping the President from further damaging the constitutional order.

I hope my colleagues will use today’s hearing as an opportunity to find their way back to the true work of the House Judiciary Committee.  I thank the Chairman, and yield back the balance of my time.

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Tuesday, December 12, 2017

NADLER PRAISES BIPARTISAN BILL TO PROTECT RELIGIOUSLY AFFILIATED INSTITUTIONS



Washington, D.C.—This evening, the House passed H.R. 1730, the “Protecting Religiously Affiliated Institutions Act,”  by a vote of 402-2.  This bill would extend protections under current federal law for “religious real property.”  Currently, Section 247 of the Federal Criminal Code prohibits both the damaging of religious property because of the property’s religious character and the intentional obstruction — by force or threats of force — of anyone’s exercise of religious beliefs. 

H.R. 1730 would clarify that threats of force against religious property are included in this prohibition.  Additionally, the measure would provide that the damaging or obstructing of such property that results in damages exceeding $5,000 constitutes a felony punishable by up to 3 years imprisonment.  Finally, the bill would clarify that real property covered by the statute includes property leased by a non-profit, religiously-affiliated organization.

The importance of this legislation is underscored by the recent upsurge in bomb threats, hate crimes, and vandalism committed against communities of faith.  For instance, more than 150 bomb threats were made against Jewish Community Centers in the first quarter of this year alone.  And, there has been an alarming surge in the number of threats, vandalism, and arson committed against mosques over the past year.

In response to House passage of this bill, Judiciary Committee Ranking Member Jerrold Nadler (D-NY) stated,

“Recently, our country has been experiencing a surge in hate crimes – including those committed against communities of faith. In 2016, the hate crimes statistics released by the FBI indicate that anti-Semitic hate crimes increased 20% from the prior year. 

“Our country was founded on the principles of religious liberty, and while we may disagree with the religious practices of others, it is never acceptable to use physical obstruction, force, or threats of force to deny others the right to worship. 

“I believe it is not only appropriate but necessary for Congress to strengthen our laws against these types of acts so that no American has to choose between their faith and their safety. And I am pleased that this important bill, which was adopted by the Judiciary Committee, has now been passed by the House of Representatives.”
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Monday, December 11, 2017

NADLER AND CUMMINGS TO JUSTICE DEPARTMENT: “YOUR FAILURE TO TREAT US AS AN EQUAL PARTICIPANT IN THIS INVESTIGATION IS UNACCEPTABLE”


Washington, D.C.—Today, Rep. Jerrold Nadler, the Ranking Member of the House Committee on the Judiciary, and Rep. Elijah E. Cummings, the Ranking Member of the House Committee on Oversight and Government Reform, sent a letter, below, to Attorney General Jeff Sessions and Deputy Attorney General Rod Rosenstein expressing concerns about the Department of Justice’s failure to provide documents to Democrats as part of the joint investigation initiated by Chairmen Bob Goodlatte and Trey Gowdy into last year’s review by the Federal Bureau of Investigation (FBI) into Secretary of State Hillary Clinton’s emails.

“We write concerning the Justice Department’s longstanding commitment to equal treatment of the Minority and Majority in Congress with respect to document production in connection with committee investigations.  We are disappointed that the Department has not honored this tradition with respect to the joint investigation initiated by Chairman Goodlatte and Chairman Gowdy on October 24, 2017. 

“As you know, on November 3, 2017, Chairman Goodlatte and Chairman Gowdy wrote to you to request certain documents related to the FBI’s handling of its investigation into former Secretary of State Hillary Clinton’s use of a private email server.   On December 6, 2017, Chairman Goodlatte wrote an additional letter to the Department referencing this investigation and requesting information involving a reported FISA warrant involving Carter Page and relating to Russian interference in the 2016 election.  In between, the Department of Justice appears to have engaged in extensive correspondence with our Majorities, produced 1,100 pages of documents to our committees, and promised to provide 1.2 million additional records to the committees by January 15, 2018
.   

“Unfortunately, we did not learn of your interactions with the Majority until after Chairman Goodlatte mentioned his efforts at last week’s Judiciary Committee hearing with FBI Director Christopher Wray.  Your failure to treat us as an equal participant in this investigation, to simultaneously provide us with copies of that correspondence, or to produce these documents to our offices directly, is unacceptable and inconsistent with House rules,” the Members wrote.

The Ranking Members requested copies of all correspondence with the Majority related to the investigation, as well as any Republican requests for documents related to the investigation. The Ranking Members also requested copies of all documents and communications related to allegations that FBI Agents in the New York office may have leaked information regarding the investigation prior to the November, 2016 presidential election.
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Saturday, December 9, 2017

NADLER STATEMENT ON WIKILEAKS DOCUMENTS AND THE TRUMP CAMPAIGN


Today, CNN reports that candidate Donald Trump, his son Donald Trump, Jr., and others inside the Trump Organization received an email in September 2016 offering a decryption key and website address for hacked documents—weeks before WikiLeaks began publishing the contents of those documents online.  Ranking Member Jerrold Nadler (D-NY) of the House Judiciary Committee issued the following statement in response:

“This email is yet another sign that senior Trump campaign officials—including Donald Trump, Jr., and perhaps the President himself—may have accepted assistance and valuable information from the Russian government and its partners.  It is, of course, a crime to participate in a conspiracy to influence an election through the illegal misuse of various computer systems.  It is also a crime for a foreign national to give anything of value to a campaign for federal office.  At the very least, this email shows us that the Trump Campaign understood enough about these stolen documents to have immediately reported a crime to the FBI.  They did not, and now Donald Jr. refuses to answer questions about his extensive back-and-forth with WikiLeaks.

“It is unconscionable that that House Judiciary Republicans want to relitigate long-debunked Hillary Clinton conspiracy theories instead of this direct threat to our election system. This is part of a coordinated effort—spearheaded by the White House—to undermine and discredit individuals and institutions, such as Special Counsel Mueller and the FBI, which are investigating the President and his associates. I once again call on Chairman Goodlatte to begin the committee’s oversight work in this space without delay.”

House Judiciary Democrats have sent more than 20 letters to the Committee and GOP Leadership, and more than 40 letters to the White House and Department of Justice seeking oversight of Trump Administration misconduct, without any meaningful response. It is high time the House Judiciary Republicans join us in investigating obstruction of justice and related charges.

CNN offers correction, rewrite for Wikileaks-Trump story


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Saturday, October 7, 2017

CONYERS, GOODLATTE and Judiciary Committee Members Introduce the USA Liberty Act




Washington, D.C. – House Judiciary Committee Ranking Member John Conyers, Jr. (D-Mich.)Ranking Member John Conyers, Jr. (D-Mich.),  Chairman Bob Goodlatte (R-Va.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Chairman Jim Sensenbrenner (R-Wis.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (D-Texas), and Courts, Intellectual Property and the Internet Subcommittee Ranking Member Jerrold Nadler (D-N.Y.) today introduced the USA Liberty Act (H.R. 3989). This bipartisan bill reforms and reauthorizes Section 702 of the Foreign Intelligence Surveillance Act (FISA), which is set to expire at the end of this year, to protect both national security and Americans’ civil liberties.

The USA Liberty Act preserves the core purpose of Section 702: the collection of communications by targeting non-U.S. persons located outside the U.S. in order to identify and thwart terrorist plots against our nation and our citizens. The bill also creates a new framework of protections and transparency requirements to ensure that the government’s use of Section 702 accords with principles enshrined in our Constitution that protect individual liberty. It provides new accountability measures to address the unmasking of U.S. persons’ identities and new reporting requirements on the number of U.S. persons who have been swept up in Section 702 collection. The bill also enhances national security by increasing penalties for those who leak classified information and calling on the intelligence agencies to share information with each other and with our allies to combat terrorism.
Below are statements from Judiciary Committee leaders on the introduction of the USA Liberty Act.

Ranking Member Conyers: “Section 702 of the Foreign Intelligence Surveillance Act is essential to the intelligence community’s gathering of foreign intelligence and detecting threats to the homeland.  Its reauthorization should include reforms that bring this authority better in line with our sense of privacy and due process.  Indeed, we believe that it will only be possible to reauthorize Section 702 with such reforms in place. The bipartisan USA Liberty Act is designed to accomplish this goal.”

Chairman Goodlatte: “The USA Liberty Act protects Americans’ lives and their civil liberties. This bipartisan bill reauthorizes a critical national security tool that keeps Americans safe but also reforms it to protect Americans’ constitutional rights. It contains more accountability, transparency, and oversight so that the American people have confidence that our cherished liberties continue to be protected as the intelligence community keeps us safe from foreign enemies wishing to harm our nation and citizens. The bill also contains a number of measures to further enhance national security so that our country remains free and safe. I thank the many members who have worked on this bill for months and look forward to bringing it up in the House Judiciary Committee soon.”

Crime Subcommittee Chairman Sensenbrenner: “The USA Liberty Act is carefully crafted, bipartisan legislation that represents the type of common sense compromise that we desperately need in this country. It balances privacy and security concerns by requiring greater oversight, transparency, and accountability of the government’s surveillance powers while limiting the incidental collection of Americans’ communications and requiring a court order to query data. It also puts in place a critical six-year sunset provision, allowing Congress to respond appropriately to the ever-changing threats facing our nation. This is smart, forward-leaning legislation that I urge my colleagues to get behind.”

Crime Subcommittee Ranking Member Jackson Lee: “Collectively, what Democrats and Republicans have agreed on is a strategy that secures the homeland, while preserving cherished liberties that still make America the envy of the world.”

IP Subcommittee Ranking Member Nadler: “The USA Liberty Act is an attempt to strike the appropriate balance, as we did in the USA Freedom Act, of giving our intelligence agencies the tools they need to keep us safe while making sure individual liberty and privacy rights are better protected. For the first time, the bill institutes a requirement for a warrant—based on probable cause—for criminal investigators to query the information obtained by the 702 program. In addition, this legislation significantly curbs the amount of incidental information that can be searched, and, most importantly, institutes critical operational norms for the 702 program that make it more accountable, more transparent, and ultimately more effective in striking the critical balance between national security needs and the individual’s constitutional rights. I want to thank Chairman Goodlatte and Ranking Member Conyers for working in good faith on the USA Liberty Act, which goes a long way in reforming government surveillance under Section 702.”

Additional original cosponsors of the bill include Representatives Lamar Smith (R-Texas), Steve Chabot (R-Ohio), Doug Collins (R-Ga.), Mike Johnson (R-La.), John Rutherford (R-Fla.) Hank Johnson (D-Ga.), Ted Deutch (D-Fla.), and Jamie Raskin (D-Md.).

Background: FISA Section 702, which will expire on December 31, 2017, authorizes surveillance of the communications of non-U.S. persons located outside of the United States in order to protect national security. It reportedly contributes to a quarter of all National Security Agency surveillance and has been used on multiple occasions to detect and prevent horrific terrorist plots against our country. Although Congress designed this authority to target non-U.S. persons located outside of the United States, it is clear that Section 702 surveillance programs can and do incidentally collect information about U.S. persons when U.S. persons communicate with the foreign targets of Section 702 surveillance.


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Tuesday, October 3, 2017

CONYERS: House Democrats to Trump Administration: Florida Nursing Home Tragedy Is a Wake-Up Call to Protect the Fundamental Rights of Residents Against Abuse



WASHINGTON – In the wake of disturbing reports of the neglect of nursing home residents in the wake of Hurricanes Harvey and Irma, 46 members of Congress called on Centers for Medicare & Medicaid Services (CMS) Administrator Seema Verma to maintain current protections for elder Americans against abuse in nursing homes.

In Florida, 12 residents died and more than 100 were hospitalized after a long-term care facility failed to evacuate residents after losing air conditioning in the aftermath of Hurricane Irma. In Texas, similar abuse occurred at a facility that refused to evacuate despite severe flooding. The letter is led by Representatives David N. Cicilline (RI-01), John Conyers, Jr. (MI-13), Henry C. “Hank” Johnson, Jr. (GA-04), Jerrold Nadler (NY-10), Linda Sánchez (CA-38), and Suzanne Bonamici (OR-01).

They wrote: “The horrific reports of abuse at facilities in Florida and Texas in the wake of Hurricanes Irma and Harvey underscore the need for your agency to reconsider upending the legal protections of those who have worked and saved for their entire lives to retire with dignity. This is a time when we should be protecting our nation’s seniors, not rolling back their fundamental right to hold wrongdoers accountable for neglect and abuse.”

Last year under the Obama Administration, CMS finalized a strong rule that prohibited the use of pre-dispute, mandatory (“forced”) arbitration clauses in nursing home admission agreements.

Nursing-home residents stand to lose virtually every cause of action against unscrupulous caregivers unless these current protections against forced arbitration in nursing-home admission contracts are preserved.

As the letter notes, following an extensive notice-and-comment rulemaking process, CMS determined that forced arbitration undermines the ability of health investigators to prevent and remedy abuse in nursing homes.

But under the Trump Administration, CMS has already begun the process to end this protection.

The letter follows a letter from House Democrats—including Representatives Johnson, Cicilline, Conyers, Nadler, and Sanchez—in 2015 that called on CMS to adopt these protections.

The group of House Democrats denounced plans by CMS Administrator Verma to roll back existing protections, writing “Americans in nursing homes deserve better. It is vital that residents and their families are able to enforce their rights and hold nursing home operators accountable for dangerous facility conditions and the inhumane treatment of residents. We strongly urge CMS to protect the health and safety of nursing home residents, particularly in light of recent events, by maintaining the current prohibition of forced arbitration clauses in nursing home admission contracts.”

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Thursday, September 28, 2017

CONYERS Leads Members Of Congress In Filing Amicus Brief Opposing Sheriff Joe Arpaio's Motion To Vacate His Conviction Following Trump's Pardon


Washington, D.C. - Today, House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI), Subcommittee on Courts, Intellectual Property, and the Internet Ranking Member Jerrold Nadler (D-NY ), Subcommittee on Immigration and Border Security Ranking Member Zoe Lofgren (D-CA), Subcommittee on Crime, Terrorism, Homeland Security, and Investigations Ranking Member Sheila Jackson Lee (D-TX), Subcommittee on the Constitution and Civil Justice Ranking Member Steve Cohen (D-TN), Subcommittee on Regulatory Reform, Commercial and Antitrust Law Ranking Member David Cicilline (D-RI), Representative Jackie Speier (D-CA), and other Members of Congress, filed an amicus brief opposing Sheriff Joe Arpaio’s motion to vacate his conviction for criminal contempt of court on the ground that President Donald Trump’s pardon of Sheriff Arpaio was unconstitutional.

In 2011, a Federal court found that Sheriff Arpaio's police department routinely engaged in racial profiling of Latinos.  The court ordered the department to cease its unconstitutional practices immediately, but Sheriff Arpaio and the department flouted the court's order, and continued to direct their staff to deprive thousands of people of their constitutional rights.  This past July, Sheriff Arpaio was held in criminal contempt of court for repeatedly and blatantly ignoring the court’s injunction against him.  Just three weeks later, however, President Trump pardoned his contempt conviction.

The Members released the following statement:

“The President's pardon of Sheriff Arpaio was not just disgraceful, but also represented what we believe to be an unconstitutional violation of the separation of powers.  As our brief argues, it is essential to the independence of the judiciary that courts be able to enforce compliance with their orders through the contempt power, especially those orders that protect the constitutional rights of private parties.  By pardoning Sheriff Arpaio, the President threatened this fundamental judicial power.  Furthermore, if the President’s pardon is allowed to stand, this case could have severe implications for Congress’s ability to compel compliance with its own investigations and orders.

“President Trump’s pardon was not intended to remedy an unduly harsh criminal punishment, or to correct a mistake in the enforcement of the criminal law—the intended purpose of the power—but to usurp the power of the judiciary to vindicate the authority of the courts and to uphold the rule of law.  Despite common misconceptions, the pardon power is not absolute.  As Laurence Tribe, one of the nation’s leading constitutional scholars, explained, ‘when the Constitution says that the president ‘shall have power,’ that does not mean unlimited power.  It means power that is not inconsistent with other parts of the Constitution.’  In this case, the pardon power was used to upset the careful balance of power among the branches of government, and to undermine the rule of law.

“We agree with Professor Tribe and with numerous other scholars and commentators that the President’s pardon of Sheriff Arpaio was unconstitutional and, therefore, ask the court to deny Sheriff Arpaio’s motion to vacate his conviction.”
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Friday, August 4, 2017

CONYERS: More Than 30 House Judiciary, Armed Services & LGBT Equality Caucus Democrats Urge Secretary Of Defense & Joint Chiefs Of Staff To Not Comply With Trump's Unconstitutional Transgender Ban


Washington, D.C. – More than 50 Democrats on the House Judiciary Committee, Armed Services Committee, and the Congressional LGBT Equality Caucus today wrote to Secretary of Defense James Mattis and Joint Chiefs of Staff Chairman General Joseph F. Dunford, Jr. to urge that they not comply with any unconstitutional directive to ban transgender individuals from serving in the United States military. 

Today’s letter was led by House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and House Armed Services Committee Ranking Member Adam Smith (D-WA). In addition to the letter, Reps. Conyers, Smith, Nadler, and Cicilline released the following statement: 
“President Trump’s recent Twitter announcement banning military service by transgender individuals is not only bad policy, it is unconstitutional. It defies common sense to deny the military these service members' mission-critical skills.  No American who is willing and able should be denied the honor and responsibilities that come with serving in our Armed Forces solely on the basis of their status as the member of a protected group.

“Unfortunately, President Trump’s proposed ban is yet another troubling sign of his willingness to make impulsive policy decisions while ignoring military leadership. We appreciated the measured response of Secretary Mattis, General Dunford, and other military leaders in response to President Trump’s rash announcement of a proposed discriminatory and unjustified ban on military service by transgender individuals. We would urge President Trump to stop making policy via Twitter and to consult America’s professional military leadership before making decisions that affect the lives and safety of our citizens.”

Thousands of transgender individuals are currently serving in the United States Armed Forces. Trump’s July 26th Twitter announcement to ban transgender individuals from the military has received much backlash. More than 50 retired senior military officers recently released a statement opposing the ban on the grounds it would degrade military readiness. Trump’s announcement is particularly troubling in light of recent news reports regarding President Trump’s meetings with Secretary of Defense Mattis and other military leaders to discuss the war in Afghanistan, in which he complained that the U.S. is ‘losing’ and insinuated he should ignore strategic advice from high-ranking military officials by likening the war to the renovation of a New York City restaurant. 


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Tuesday, June 20, 2017

CONYERS & BLUMENTHAL Lay Out The Constitutional Case For Complelling President Trump To Obey Anti-Corruption Foreign Emoluments Clause



In the week since nearly 200 Members of Congress filed a lawsuit to compel President Trump to comply with the Constitution, public reporting has revealed new evidence of foreign benefits

No automatic alt text available.[WASHINGTON, DC] – House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and U.S. Senator Richard Blumenthal (D-CT) held a press conference at 12:30 PM in the Capitol Visitors Center (SVC-215) to outline the Constitutional case for compelling President Trump to obtain the consent of Congress before accepting payments, benefits, or gifts from foreign states. 

Last week, nearly 200 Members of Congress filed a complaint, below, in the U.S. District Court for the District of Columbia against President Trump, whose ongoing failure to disclose his foreign business dealings violates one of the Constitution’s critical anti-corruption provisions: the Foreign Emoluments Clause.

In the week since the lawsuit was filed, public reporting has revealed that President Trump has received additional foreign benefits – including new trademarks in China– and is brokering business deals in Saudi Arabia and the Persian Gulf while regional tensions escalate.

“We are joining in this action to prevent Donald Trump from thumbing his nose at the Constitution and the American people. The Constitution clearly states that no elected official - including the President - may receive gifts, payments, or benefits from foreign governments without disclosing them to Congress and seeking our consent,” Senator Blumenthal said. “The immense magnitude of President Trump's vast business empire is no excuse for his disregard of the Constitution and disrespect for the American people.”

“For generations,” Representative Conyers said, “presidents of both parties have complied with the Foreign Emoluments Clause by either divesting their business and financial holdings, or coming to Congress to seek approval prior to receiving any foreign government payment or other benefits. Our current President has done neither. This course of conduct is keeping Americans in the dark – leaving us to speculate if he’s acting on behalf of the American people or for his own financial benefit. Today’s legal action is designed to help lift our Nation out of this morass of conflicts and restore faith in our government, just as the founders intended.”

Because President Trump has refused to disclose his business dealings abroad, the full scope of his potential Constitutional violations is unknown. Independent reporting has shown that President Trump has received the following foreign emoluments during his presidency among others:

·         Payments from foreign governments housing their officials in rooms or hosting events at Trump’s Washington, D.C. hotel after Inauguration Day;
·         Entities owned by foreign states paying rent at Trump World Tower in New York City; and

·         The Chinese government granting thirty-nine trademarks to the Trump Organization.

U.S. Senators Patrick Leahy (D-VT), Tom Udall (D-NM), and Tammy Duckworth (D-IL) and U.S. Representatives Jerry Nadler (D-NY), Katherine Clark (D-MA) and Steve Cohen (D-TN) will also attend Tuesday’s press conference. They will be joined by Elizabeth Wydra, President of the Constitutional Accountability Center, the public interest organization whose attorneys are representing Members of Congress.

U.S. Congressman John Conyers, Jr. (D-MI)
U.S. Senator Richard Blumenthal, (D-CT)
U.S. Senator Patrick Leahy (D-VT)
U.S. Senator Tom Udall (D-NM)
U.S. Senator Tammy Duckworth (D-IL)
U.S. Representative Jerry Nadler (D-NY)
U.S. Representative Katherine Clark (D-MA)
U.S. Representative Steve Cohen (D-TN)
Elizabeth Wydra, President, Constitutional Accountability Center


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Monday, June 12, 2017

CONYERS: Ahead Of Sessions' Testimony, House Judiciary Dems Call On Attorney General To Clarify His Role In Ongoing Russia Investigation


Washington D.C. -  Ahead of Attorney General Jeff Sessions’ appearance before the Senate Select Committee on Intelligence this week, House Judiciary Committee Democrats, led by Ranking Member John Conyers, Jr. (D-MI), today sent a letter, below, to Attorney General Jeff Sessions requesting information on the charges made by former FBI Director James Comey last week. This is the ninth letter sent to the Department of Justice by House Judiciary Democrats related to these matters. To date, there has been no response.

In their letter, the Members wrote, “As Members of the House Judiciary Committee, we write to ask that you provide us with information relating to your knowledge concerning recent charges by Mr. Comey regarding improper conduct by the President; the veracity of your disclosure regarding meetings with Russian officials; and your compliance with the terms of your recusal.  We ask these questions to fulfill our responsibility to protect the integrity of the Department of Justice and the Office of the Attorney General, whether or not you are recused from an ongoing investigation.  If necessary, we are willing to receive any portion of your response in a classified setting.”

Today’s letter was signed by every Democratic member of the U.S. House Judiciary Committee, including: Representatives John Conyers, Jr. (D-MI), Jerrold Nadler (D-NY), Zoe Lofgren (D-CA), Sheila Jackson Lee (D-TX), Steve Cohen (D-TN), Hank Johnson (D-GA), Ted Deutch (D-FL), Luis Gutierrez (D-IL), Karen Bass (D-CA), Cedric Richmond (D-LA), Hakeem Jeffries (D-NY), David Cicilline (D-RI), Eric Swalwell (D-CA), Ted Lieu (D-CA), Jamie Raskin (D-MD), Pramila Jayapal (D-WA) and Brad Schneider (D-IL). 

Background:

The House Judiciary Committee has jurisdiction over the Department of Justice and the Federal Bureau of Investigation. It also has jurisdiction over the Foreign Agents Registration Act and the Foreign Intelligence Surveillance Act. Democrats on the House Judiciary Committee have long called on Chairman Bob Goodlatte (R-VA) to join them in their oversight efforts.

On March 2nd, all House Judiciary Committee Democrats sent a letter to former Federal Bureau of Investigations Director James Comey and former U.S. Attorney for Washington, D.C., Channing D. Phillips, calling for an immediate criminal investigation into U.S. Attorney General Jeff Sessions’ statements before Congress in regards to his communications with Russian officials.

On March 10th, every Democrat on the Committee called on Chairman Goodlatte to “get moving on Trump oversight” by holding formal committee hearings on Russia’s interference with the election and related matters. 

On March 31st, Reps. John Conyers, Jr., Hakeem Jeffries and Ted Lieu, called for Sessions to clarify his involvement with the Russia investigation, after his statements on leaks of classified information.

On May 11th, all seventeen Democrats on the House Committee on the Judiciary sent a letter to Chairman Bob Goodlatte, urging him to conduct immediate hearings into the firing of James Comey. 

On May 12th, Rep. John Conyers, Jr., and Rep. Elijah E. Cummings, sent a letter to Deputy Attorney General Rod Rosenstein raising “grave concerns” about Attorney General Jeff Sessions’ direct participation in President Trump’s decision to fire FBI Director James Comey despite the fact that he previously recused himself from any actions involving the investigations of the Trump and Clinton presidential campaigns.

On May 16th, all 33 Democratic Members of the House Committee on Oversight and Government Reform and the House Committee on the Judiciary, sent a detailed letter to their respective Republican Chairmen outlining their demand for an immediate investigation into the actions of President Donald Trump, Attorney General Jeff Sessions, and top White House aides.

On May 24thConyers called on House Judiciary Committee Chairman Bob Goodlatte to investigate Sessions.
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