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Former Trump advisor Michael Flynn asks appeals court to remove judge and dismiss criminal case – CNBC

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Michael Flynn, former U.S. national security adviser, exits federal court in Washington, D.C., on Monday, June 24, 2019.

Andrew Harrer | Bloomberg | Getty Images

Former national security advisor Michael Flynn on Tuesday asked a federal appeals court to order a lower court to grant the Justice Department’s controversial request to dismiss the criminal case.

Flynn also asked the U.S. Circuit Court of Appeals for the District of Columbia to take the case away from the lower court judge who has so far refused to sign off on that dismissal request.

That judge, Flynn’s lawyers argued in their appeals filing, by planning to continue the case “indefinitely” despite the wishes of the Justice Department is “rubbing salt in General Flynn’s open wound from” the “misconduct” of prosecutors in the case.

The appeals court filing came days after Judge Emmet Sullivan appointed a former federal judge to argue against the Justice Department’s highly unusual request to drop the case against Flynn in U.S. District Court in Washington, D.C. 

Sullivan also has asked the ex-judge, John Gleeson, to analyze whether he should hold Flynn in criminal contempt for perjury for twice pleading guilty to a charge that he now says he is innocent of.

The retired Army lieutenant general has admitted, under oath, to lying to FBI agents about his discussions with Russia’s ambassador to the United States in the weeks before President Donald Trump was inaugurated.

Flynn, who briefly served as Trump’s first national security advisor, was awaiting sentencing at the time that the Justice Department, in a bombshell move, this month said it wanted Sullivan to toss the case.

Flynn’s lawyer, Sidney Powell, in her appeals court filing Tuesday, suggested that Sullivan has “exceeded [his] authority and egregiously abused [his] discretion by failing to grant the Government’s Motion to Dismiss the Criminal Information and, instead, appointing an amicus [Gleeson] to oppose the motion and to propose contempt and perjury charges against General Flynn.”

Powell also objects to Sullivan’s decision to allow people and groups not involved in the case to file legal briefs objecting to or supporting the case’s dismissal.

Powell wrote that Sullivan, in his recent actions, has disregarded the constitutional rule that “the power to prosecute” rests “solely in the executive branch.”

“The district court has no authority to adopt the role of prosecutor or change the issues in the case by inviting or appointing [Gleeson and other outside parties] to perform the investigation or prosecution that the court deems appropriate,” Powell wrote.

Meanwhile Tuesday, Sullivan issued an order directing Gleeson to file his legal arguments by June 10, which is also the day that any outside party can file so-called friend-of-the-court arguments on the dismissal request or the possibility of a contempt charge.

Sullivan scheduled oral arguments to be heard for those issues on July 16.

The Justice Department’s request to dismiss the case came after it concluded that it had a duty to drop the charges after finding that the FBI did not have grounds to conduct a counterintelligence investigation of Flynn at the time agents interviewed him, Attorney General William Barr has said.

Timothy Shea, interim U.S. attorney for the District of Columbia, in the dismissal request wrote that even if Flynn had lied, the government “does not believe Mr. Flynn’s statements were material” in a legal sense.

The Justice Department also does not believe it would be able to prove Flynn guilty of making false statements beyond a reasonable doubt, Shea wrote.

Former Justice Department employees have condemned the move to drop the case, while Trump and his supporters have praised the decision.

Powell, in her filing Tuesday, wrote that the Justice Department “has sole authority to dismiss this prosecution,” and has “presented a well-documented motion explaining its reasons,” which include failure to turn over certain documents to Flynn before an outside prosecutor was appointed to review the case.

“The egregious Government misconduct, and the three-year abuse of General Flynn and his family, cry out for ending this ordeal immediately and permanently,” the lawyer wrote. 

“The district judge’s orders reveal his plan to continue the case indefinitely, rubbing salt in General Flynn’s open wound from the Government’s misconduct and threatening him with criminal contempt.”

— Additional reporting by CNBC’s Kevin Breuninger.

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Cabinet slashes budgets to pay for 6 new ministries, including ‘alternate PM’ – The Times of Israel

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Cabinet slashes budgets to pay for 6 new ministries, including ‘alternate PM’ – The Times of Israel_5ed43a3d6fdc5.jpeg

The cabinet on Sunday approved widespread fiscal reforms that will cut the budgets of most ministries in order to fund the establishment of six new ministries, including the office of the “alternate prime minister,” in a series of controversial decisions.

A unity coalition deal between Likud’s Benjamin Netanyahu and Blue and White’s Benny Gantz ended over a year of political deadlock when the most minister-rich government in Israel’s history was sworn in earlier this month. New ministerial positions were created to accommodate the cabinet’s 33 ministers, who number over a quarter of the Knesset’s 120 lawmakers.

The price tag for the overhead costs of the new government has been estimated as high as a billion shekels ($285 million) over its three-year span. There have been widespread accusations that the government is overlarge and costly at a time when the economy is being ravaged by the COVID-19 pandemic.

Among the new offices created Sunday was the Alternate Prime Minister’s Office, which will be held by Defense Minister Gantz for 18 months and then be transferred to Netanyahu as part of a power-sharing deal designed to allow him to keep the prime ministerial title even after vacating the post. Unlike other ministers, a prime minister can remain in his post even after he is indicted on criminal charges.

Other offices are Ze’ev Elkin’s Water Resources and Higher Education ministries; Orly Levy-Abekasis’s Ministry of Community Empowerment; David Amsalem’s Cyber Ministry; and Tzipi Hotovely and Tzachi Hanegbi’s Settlements Ministry.

Gantz — who is currently defense minister, in addition to the new post of alternate premier — is set to take over as prime minister in 18 months under the coalition deal, at which point Netanyahu will become alternate prime minister.

As the Alternate Prime Minister’s Office was approved, Netanyahu on Sunday denied reports that the alternate prime minister would also be granted an alternate prime minister’s residence. “It’s not true. It didn’t come up and it won’t,” he said.

Prime minister Benjamin Netanyahu (right) and Defense Minister Benny Gantz are seen at the Knesset, May 17, 2020. (ALEX KOLOMOISKY/POOL)

In order to create the new posts, ministers approved a government decision that will see a 1.5% cut to the budgets of all government offices, specifically at the upper personnel level. The move will slash 300 posts from the various offices to free up some NIS 100 million ($28.5 million).

Foreign Minister Gabi Ashkenazi opposed the budget cuts to foreign service, whereupon the cuts to his ministry were reduced from NIS 11.5 million ($3.2 million) to NIS 4.8 million ($1.3 million), the Walla news site reported.

Incoming Foreign Minister Gabi Ashkenazi, right, with his predecessor, incoming Finance Minister Israel Katz, at the Foreign Ministry in Jerusalem, May 18, 2020 (Foreign Ministry)

On the 22-item agenda, the cabinet was also voting on filling the Ministerial Committee for Legislation, led by Blue and White’s Avi Nissenkorn, and other ministerial panels; appointing directors general of the defense and economy ministries; and giving the green light to new Finance Minister Israel Katz’s program to encourage employment amid the pandemic.

In a Saturday night address, Katz presented his new Finance Ministry plan aimed at encouraging employers to take back employees placed on unpaid leave during the height of the pandemic in March. For every employee called back, places of business will receive a grant of NIS 7,500 ($2,141) starting on June 1, according to the plan. An additional grant of some NIS 3,500 ($1,000) will be handed out to employers for employees called back in May. Katz said some NIS 500 million ($142 million) have been allocated for businesses that would put employees back to work.

Economy Minister Amir Peretz opposed the treasury proposal during the meeting, arguing that it rewards employers who dropped their workers while harming those who kept their employees on the payroll even at a loss, according to the Globes business daily.

Katz retorted: “There is an alternate prime minister. There is no alternate finance minister. I am the finance minister and I will lead the implementation of the government decisions, which I proposed, and which were accepted by an overwhelming majority,” the Ynet news site reported.

Incoming Economy Minister Amir Peretz at a changeover ceremony in Jerusalem on May 18 2020. (Yonatan Sindel/Flash90)

Sunday’s cabinet meeting also saw Housing Minister Yaakov Litzman and Interior Minister Aryeh Deri receive building and planning powers that were previously under the treasury’s purview, while the Health Ministry was granted additional powers to combat the coronavirus.

The meeting on Sunday was held in the Foreign Ministry’s auditorium as the regular cabinet meeting rooms were not large enough to accommodate all the ministers while maintaining social distancing, according to reports.

Opposition chairman Yair Lapid issued a statement blasting the government after ministers approved funding for the newly formed offices created by the Gantz-Netanyahu coalition deal.

“The government handed half a billion shekels to itself today. Not for the self-employed, not for the unemployed, not for small businesses, but for itself,” said Lapid.

Opposition leader Yair Lapid at the Knesset as the 35th government of Israel is presented on May 17, 2020. (Knesset/Adina Veldman)

“For redundant offices like the Water Resources Ministry, the nonexistent Community Empowerment Ministry and for deputy ministers that no one needs. Detached lawmakers, we’ve had enough of you.”

Separately, last Wednesday,  a bill allowing ministers to give up their positions as Knesset members in order to enable a different member of their party slate to take their spot in parliament passed its preliminary Knesset plenary reading. The so-called Norwegian Law — which still requires three more votes to become law — would allow any MK who is appointed to a cabinet post to resign temporarily from the Knesset, thereby permitting the next candidate on the party’s list to enter parliament in his or her stead.

The opposition has blasted the bill, and the coalition’s rush to pass it, as a way of pushing more people into sweetheart jobs on the taxpayers’ dime.

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Tapper: Some of Trump’s allies think he’s not up to the task – CNN

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In Days of Discord, President Trump Fans the Flames – The New York Times

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In Days of Discord, President Trump Fans the Flames – The New York Times_5ed43a2a0f874.jpeg

WASHINGTON — With a nation on edge, ravaged by disease, hammered by economic collapse, divided over lockdowns and even face masks and now convulsed once again by race, President Trump’s first instinct has been to look for someone to fight.

Over the last week, America reeled from 100,000 pandemic deaths, 40 million people out of work and cities in flames over a brutal police killing of a subdued black man. But Mr. Trump was on the attack against China, the World Health Organization, Big Tech, former President Barack Obama, a cable television host and the mayor of a riot-torn city.

While other presidents seek to cool the situation in tinderbox moments like this, Mr. Trump plays with matches. He roars into any melee he finds, encouraging street uprisings against public health measures advanced by his own government, hurling made-up murder charges against a critic, accusing his predecessor of unspecified crimes, vowing to crack down on a social media company that angered him and then seemingly threatening to meet violence with violence in Minneapolis.

As several cities erupted in street protests after the killing of George Floyd, some of them resulting in clashes with the police, Mr. Trump made no appeal for calm. Instead in a series of tweets and comments to reporters on Saturday, he blamed the unrest on Democrats, called on “Liberal Governors and Mayors” to get “MUCH tougher” on the crowds, threatened to intervene with “the unlimited power of our Military” and even suggested his own supporters mount a counterdemonstration.

The turmoil came right to Mr. Trump’s doorstep for the second night in a row on Saturday as hundreds of people protesting Mr. Floyd’s death and the president’s response surged in streets near the White House. While most were peaceful, chanting “black lives matter” and “no peace, no justice,” some spray painted scatological advice for Mr. Trump, ignited small fires, set off firecrackers and threw bricks, bottles and fruit at Secret Service and United States Park Police officers, who responded with pepper spray.

The police cordoned off several blocks around the Executive Mansion as a phalanx of camouflage-wearing National Guard troops marched across nearby Lafayette Square. A man strode through the streets yelling, “Time for a revolution!” The image of the White House surrounded by police in helmets and riot gear behind plastic shields fueled the sense of a nation torn apart.

Mr. Trump praised the Secret Service for being “very cool” and “very professional” but assailed the Democratic mayor of Washington for not providing city police officers to help on Friday night, which she denied. While governors and mayors have urged restraint, Mr. Trump seemed more intent on taunting the protesters, bragging about the violence that would have met them had they tried to get onto White House grounds.

“Big crowd, professionally organized, but nobody came close to breaching the fence,” the president wrote on Twitter on Saturday morning. “If they had they would have been greeted with the most vicious dogs, and most ominous weapons, I have ever seen. That’s when people would have been really badly hurt, at least. Many Secret Service agents just waiting for action.”

His suggestion that his own supporters should come to the White House on Saturday foreshadowed the possibility of a clash outside his own doors. “Tonight, I understand, is MAGA NIGHT AT THE WHITE HOUSE???” he wrote on Twitter, using the acronym for his first campaign slogan, “Make America Great Again.”

Asked about the tweet later, he denied encouraging violence by his supporters. “They love African-American people,” he said. “They love black people. MAGA loves the black people.” By evening, however, Mr. Trump’s supporters were not in evidence among the crowds at the White House.

Mayor Muriel E. Bowser of Washington responded sharply on Saturday morning, saying her police department will protect anyone in Washington, including the president, and by Saturday evening her officers were out in force around the White House.

But she called the president a source of division. “While he hides behind his fence afraid/alone, I stand w/ people peacefully exercising their First Amendment Right after the murder of #GeorgeFloyd & hundreds of years of institutional racism,” she wrote. “There are no vicious dogs & ominous weapons. There is just a scared man. Afraid/alone …”

After his morning barrage, Mr. Trump tried to recalibrate later in the day, devoting the opening of a speech at the Kennedy Space Center following the SpaceX rocket launch to the unrest in the streets and clearly trying to temper his bellicose tone.

“I understand the pain that people are feeling,” he said. “We support the right of peaceful protesters and we hear their pleas. But what we are now seeing on the streets of our cities has nothing to do with justice or peace. The memory of George Floyd is being dishonored by rioters, looters and anarchists.”

The days of discord have put the president’s leadership style on vivid display. From the start of his ascension to power, Mr. Trump has presented himself as someone who seeks conflict, not conciliation, a fighter, not a peacemaker. That appeals to a substantial portion of the public that sees in him a president willing to take on an entrenched and entitled establishment.

But the confluence of perilous health, economic and now racial crises has tested his approach and left him struggling to find his footing just months before an election in which polls currently show him behind.

“The president seems more out-of-touch and detached from the difficult reality the country is living than ever before,” said Carlos Curbelo, a former Republican congressman from Florida who has been critical of Mr. Trump. “At a moment when America desperately needs healing, the president is focused on petty personal battles with his perceived adversaries.”

Such a moment would challenge any president, of course. It has been a year of national trauma that started out feeling like another 1998 with impeachment, then another 1918 with a killer pandemic combined with another 1929 given the shattering economic fallout. Now add to that another 1968, a year of deep social unrest.

It is fair to say that 2020 has turned out to be a year that has frayed the fabric of American society with an accumulation of anguish that has whipsawed the country and its people. But in some ways, Mr. Trump has become a totem for the nation’s polarization rather than a mender of it.

“I am daily thinking about why and how a society unravels and what we can do to stop the process,” said Timothy Naftali, a presidential historian at New York University. “The calamity these days is about more than Trump. He is just the malicious con man who lives to exploit our vulnerabilities.”

As the nation has confronted a coronavirus pandemic at the same time as the greatest economic catastrophe since the Great Depression, whatever unified resolve that existed at the beginning of the twin crises quickly evaporated into yet another cultural clash. And the president has made everything into just another partisan dispute rather than a source of consensus, from when and how to reopen to whether to wear a mask in public.

Mr. Trump led no national mourning as the death toll from the coronavirus passed 100,000 beyond lowering the flags at the White House, posting a single tweet and offering a passing comment on camera only when asked about it. Rather than seek agreement on the best and safest way to restore daily life, he threatened to “override” governors who prevented places of worship from resuming crowded services.

“Crisis leadership demands much more from the White House than irresponsible threats on social media,” said Meena Bose, director of the Peter S. Kalikow Center for the Study of the American Presidency at Hofstra University.

Mr. Trump’s initial response to the rioting in Minneapolis, where a police officer has been charged with murder after kneeling on Mr. Floyd’s neck for nearly nine minutes as he cried out that he could not breathe, underscored the president’s most instinctive response to national challenges. Threatening to send in troops, he wrote early Friday morning that “when the looting starts, the shooting starts.”

Only after a cascade of criticism did he try to walk it back, posting a new tweet 13 hours later, suggesting that all he had meant was that “looting leads to shooting” by people in the street.

“I don’t want this to happen, and that’s what the expression put out last night means,” he said, a reformulation that convinced few if any of his critics.

Even some of Mr. Trump’s usual allies were distressed at the original shooting tweet. Geraldo Rivera, the television and radio host who often spends time with Mr. Trump at the president’s Mar-a-Lago club in Florida, decried “the recklessness” of that message and called on the president “to self-censor himself.”

“Come on, what is this, sixth grade?” Mr. Rivera said on Fox News. “You don’t put gasoline on the fire. That’s not calming anybody.” He added: “All he does is diminish himself.”

But many of the president’s defenders rejected the idea that he had mishandled the crises, pressing the argument that Democrats and the news media were to blame for the turmoil in the streets, which spread from Minneapolis to New York, Atlanta, Washington, Louisville, Portland and other cities.

“Keep track of cities where hundreds of millions of dollars in property damage and serious injuries and death will take place,” Rudolph W. Giuliani, the former New York mayor who has served as Mr. Trump’s personal lawyer, wrote on Twitter on Friday night. “All Democrat dominated cities with criminal friendly policies. This is the future if you elect Democrats.”

Bernard B. Kerik, the former New York City police commissioner who was pardoned by Mr. Trump for tax fraud earlier this year, amplified the point on Twitter. “It should be no surprise that every one of these cities that the anarchist have taken over, are the same cities run by leftist Democrats with the highest violence, murder and poverty rates,” he wrote on Twitter. “They can’t handle their cities normally, so how are they going to deal with this?”

Mr. Trump, who this past week retweeted a video of a supporter saying that “the only good Democrat is a dead Democrat” (though the supporter insisted he meant that in a political sense), picked up the theme on Saturday.

With crowds visible from his upstairs windows, Mr. Trump reached for his phone and again assailed the “Democrat Mayor” of Minneapolis for not responding more vigorously and called on New York to unleash its police against crowds. “Let New York’s Finest be New York’s Finest,” he wrote. “There is nobody better, but they must be allowed to do their job!”

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