Omarosa is case of false friend dilemma with few legal options

/the hill.

The disclosure that former White House aide Omarosa Manigault Newmansecretly taped President Trump and others has produced legitimate outrage. These tapes include at least one conversation with chief of staff John Kelly in the Situation Room, the White House inner sanctum where the most classified matters are discussed. Various people have called for criminal prosecution or other measures against Manigault Newman. The dilemma of the “false friends” is not new, however, and the legal options for the White House are more limited than one might think.

The problem of false friends and secret recordings have been a longstanding element of our criminal jurisprudence. The idea that nothing protects us from false friends goes back to early English law and “eavesdropping” cases. In 1952, in a case called On Lee v. United States, the Supreme Court noted that the use of “false friends, or any of the other betrayals, which are ‘dirty business’ may raise serious questions of credibility” but do not raise serious problems under the Constitution.

Thus, a secret taping of a conversation is not itself illegal, absent other elements. One element would be if any of the conversations are deemed classified. Much of what a president discusses, particularly in places like the Situation Room, are considered classified. The secret recording or removal of classified information can be a crime.

The legal exposure of Manigault Newman follows the old real estate rule of location, location, location. It depends greatly on where she made her secret tapings. The District of Columbia is a “one party” consent jurisdiction, so it is not illegal as long as one party, in this case Manigault Newman, was a party to the conversation. It is the same law protecting former Trump counsel, Michael Cohen, who taped his own client secretly in New York, another “one party” state, and released one of those tapes in an apparent bid to attract Robert Mueller with a possible plea bargain.

Ironically, it also is the law that protected Trump after he reportedly told people he may have taped their conversations in New York. The situation becomes more dicey for Manigault Newman if she taped conversations at Mar-a-Lago, since Florida is a “two party” consent state. Absent the crossing of state lines into a two party consent jurisdiction, her actions were certainly reckless and reprehensible but probably legal.

Madeleine Albright: ‘The things that are happening are genuinely, seriously bad’

the guardian

Madeleine Albright has both made and lived a lot of history. When she talks about a resurgence of fascism, she says it as someone who was born into the age of dictators. She was a small girl when her family fled Czechoslovakia after the Nazis consumed the country in 1939. After 10 days in hiding, her parents escaped Prague for Britain and found refuge in Notting Hill Gate, “before it was fancy”, in an apartment which backed on to Portobello Road. Her first memories of life in London are of disorientation. “I didn’t have a clue. My parents were very continental European and I didn’t have siblings early on. I felt isolated.” As Hitler unleashed the blitz, “every night we went down to the cellar where everybody was sleeping.”

really smart – evil smart, is what I think

She agrees that we ought to be careful not to casually throw around the F-word lest we drain the potency from what should be a powerful term. “I’m not calling Trump a fascist,” she says. Yet she seems to be doing all but that when she puts him in the same company as historical fascists in a book that seeks to sound “an alarm bell” about a fascist revival.

She frequently nudges the reader to make connections between the president of the United States and past dictatorships. She reminds us who first coined the Trumpian phrase “drain the swamp”. It was drenare la paludein the original, Mussolini Italian. She quotes Hitler talking about the secret of his success: “I will tell you what has carried me to the position I have reached. Our political problems appeared complicated. The German people could make nothing of them… I…reduced them to the simplest terms. The masses realised this and followed me.” Sound familiar?

More Than 300 'Predator Priests' Molested at Least 1,000 Children, Pennsylvania Grand Jury Finds

time

The jury’s investigation of clergy sexual abuse also identified more than 1,000 child victims. The grand jury says it believes the “real number” of abused children might be “in the thousands” since some records were lost and victims were afraid to come forward.

Omarosa: I never signed that 'draconian' White House nondisclosure agreement

Rachel Naomi Remen, M.D. - Becoming a Blessing | Bioneers

trump is a liar - a defense from Plao - Noble lie

wikipedia.

In politics, a noble lie is a myth or untruth, often, but not invariably, of a religious nature, knowingly propagated by an elite to maintain social harmony or to advance an agenda. The noble lie is a concept originated by Plato as described in the Republic.

Religious website triggers complaint against Air Force general

valdosta daily times

A group of U.S. Air Force officers, enlisted personnel and civilian employees are calling for an investigation into the installation commander of Edwards Air Force Base in California, accusing him of violating Defense Department policies on religious proselytizing.

On Sunday, the Military Religious Freedom Foundation demanded that Defense Secretary James N. Mattis “immediately and comprehensively” investigate Air Force Brig. Gen. E. John Teichert.

The foundation, which seeks to maintain the separation of church and state in the military, provided reporters with a copy of the demand Monday.

At issue is Teichert’s website, called Prayer at Lunchtime for the United States, in which the commander says he encourages “Bible-believing Americans to take time to specifically pray for our nation at lunchtime every day.”

The foundation has asked the Defense Department to determine whether Teichert’s conduct “interferes with or violates the civil liberties of service members and civilians under his command” or “the diversity or equal opportunities of service members and civilians under his command.”

Michael Weinstein, president of the Military Religious Freedom Foundation, said his organization represents 41 “client complainants,” most of whom are practicing Christians. The group also includes Muslims, Jews, Hindus and atheists, he said.

In the group’s demand letter, foundation attorney Donald Rehkopf accused Teichert of “using both his military rank as well as his position and status as an Air Force officer to aggressively promote his brand of religion — clearly giving the appearance if not outright impression that he, in his official status, is endorsing if not outright proselytizing” his religion.

The website also links to a 2014 interview that uses Teichert’s full name and discusses his military career. In it, he says, “We have allowed our country to slip away from its founding Christian principles while it has become increasingly intolerant of Christianity.”

Stephen Miller Is an Immigration Hypocrite. I Know Because I’m His Uncle.

politicEmail
Let me tell you a story about Stephen Miller and chain migration.

It begins at the turn of the 20th century, in a dirt-floor shack in the village of Antopol, a shtetl of subsistence farmers in what is now Belarus. Beset by violent anti-Jewish pogroms and forced childhood conscription in the Czar’s army, the patriarch of the shack, Wolf-Leib Glosser, fled a village where his forebears had lived for centuries and took his chances in America.

He set foot on Ellis Island on January 7, 1903, with $8 to his name. Though fluent in Polish, Russian and Yiddish, he understood no English. An elder son, Nathan, soon followed. By street corner peddling and sweatshop toil, Wolf-Leib and Nathan sent enough money home to pay off debts and buy the immediate family’s passage to America in 1906. That group included young Sam Glosser, who with his family settled in the western Pennsylvania city of Johnstown, a booming coal and steel town that was a magnet for other hardworking immigrants. The Glosser family quickly progressed from selling goods from a horse and wagon to owning a haberdashery in Johnstown run by Nathan and Wolf-Leib to a chain of supermarkets and discount department stores run by my grandfather, Sam, and the next generation of Glossers, including my dad, Izzy. It was big enough to be listed on the AMEX stock exchange and employed thousands of people over time. In the span of some 80 years and five decades, this family emerged from poverty in a hostile country to become a prosperous, educated clan of merchants, scholars, professionals, and, most important, American citizens.

What does this classically American tale have to do with Stephen Miller? Well, Izzy Glosser is his maternal grandfather, and Stephen’s mother, Miriam, is my sister.

I have watched with dismay and increasing horror as my nephew, an educated man who is well aware of his heritage, has become the architect of immigration policies that repudiate the very foundation of our family’s life in this country.

I shudder at the thought of what would have become of the Glossers had the same policies Stephen so coolly espouses— the travel ban, the radical decrease in refugees, the separation of children from their parents, and even talk of limiting citizenship for legal immigrants — been in effect when Wolf-Leib made his desperate bid for freedom. The Glossers came to the U.S. just a few years before the fear and prejudice of the “America first” nativists of the day closed U.S. borders to Jewish refugees. Had Wolf-Leib waited, his family likely would have been murdered by the Nazis along with all but seven of the 2,000 Jews who remained in Antopol. I would encourage Stephen to ask himself if the chanting, torch-bearing Nazis of Charlottesville, whose support his boss seems to court so cavalierly, do not envision a similar fate for him.

Like other immigrants, our family’s welcome to the USA was not always a warm one, but we largely had the protection of the law, there was no state-sponsored violence against us, no kidnapping of our male children, and we enjoyed good relations with our neighbors. True, Jews were excluded from many occupations, couldn’t buy homes in some towns, couldn’t join certain organizations or attend certain schools or universities, but life was good. As in past generations, there were hate mongers who regarded the most recent groups of poor immigrants as scum, rapists, gangsters, drunks and terrorists, but largely the Glosser family was left alone to live our lives and build the American dream. Children were born, synagogues founded, and we thrived. This was the miracle of America.

Acting for so long in the theater of right-wing politics, Stephen and Trump may have become numb to the resultant human tragedy and blind to the hypocrisy of their policy decisions. After all, Stephen’s is not the only family with a chain immigration story in the Trump administration. Trump's grandfather is reported to have been a German migrant on the run from military conscription to a new life in the United States, and his mother fled the poverty of rural Scotland for the economic possibilities of New York City. (Trump’s in-laws just became citizens on the strength of his wife’s own citizenship.)

These facts are important not only for their grim historical irony but because vulnerable people are being hurt. They are real people, not the ghoulish caricatures portrayed by Trump. When confronted by the deaths and suffering of thousands, our senses are overwhelmed, and the victims become statistics rather than people. I meet these statistics one at a time through my volunteer service as a neuropsychologist for the Philadelphia affiliate of HIAS (formerly the Hebrew Immigrant Aid Society), the global nonprofit that protects refugees and helped my family more than 100 years ago. I will share the story of one such man I have met in the hopes that my nephew might recognize elements of our shared heritage.

In the early 2000s, Joseph (not his real name) was conscripted at the age of 14 to be a soldier in Eritrea and sent to a remote desert military camp. Officers there discovered a Bible under his pillow which aroused their suspicion that he might belong to a foreign evangelical sect that would claim his loyalty and sap his will to fight. Joseph was actually a member of the state-approved Coptic church but was nonetheless immediately subjected to torture. “They smashed my face into the ground, tied my hands and feet together behind my back, stomped on me, and hung me from a tree by my bonds while they beat me with batons for the others to see.”

Joseph was tortured for 20 consecutive days before being taken to a military prison and crammed into a dark unventilated cell with 36 other men, little food and no proper hygiene. Some died, and in time Joseph was stricken with dysentery. When he was too weak to stand, he was taken to a civilian clinic where he was fed by the medical staff. Upon regaining his strength, he escaped to a nearby road where a sympathetic driver took him north through the night to a camp in Sudan where he joined other refugees. Joseph was on the first leg of a journey that would cover thousands of miles and almost 10 years.

Before Donald Trump had started his political ascent promulgating the false story that Barack Obama was a foreign-born Muslim, while my nephew, Stephen, was famously recovering from the hardships of his high school cafeteria in Santa Monica, Joseph was a child on his own in Sudan in fear of being deported back to Eritrea to face execution for desertion. He worked any job he could get, saved his money and made his way through Sudan. He endured arrest and extortion in Libya. He returned to Sudan, then kept moving to Dubai, Brazil and eventually to a southern border crossing into Texas, where he sought asylum. In all of the countries he traveled through during his ordeal, he was vulnerable, exploited and his status was “illegal.” But in the United States, he had a chance to acquire the protection of a documented immigrant.

Today, at 30, Joseph lives in Pennsylvania and has a wife and child. He is a smart, warm, humble man of great character who is grateful for every day of his freedom and safety. He bears emotional scars from not seeing his parents or siblings since he was 14. He still trembles, cries and struggles for breath when describing his torture, and he bears physical scars as well. He hopes to become a citizen, return to work and make his contribution to America. His story, though unique in its particulars, is by no means unusual. I have met Central Americans fleeing corrupt governments, violence and criminal extortion; a Yemeni woman unable to return to her war-ravaged home country and fearing sexual mutilation if she goes back to her Saudi husband; and an escaped kidnap-bride from central Asia.

U.S. military fails to protect children from sexual abuse on bases, AP reports

pbs

A decade after the Pentagon began confronting rape in the ranks, the U.S. military frequently fails to protect or provide justice to the children of service members when they are sexually assaulted by other children on base, an Associated Press investigation has found.

Reports of assaults and rapes among kids on military bases often die on the desks of prosecutors, even when an attacker confesses. Other cases don’t make it that far because criminal investigators shelve them, despite requirements they be pursued.

The Pentagon does not know the scope of the problem and does little to track it. AP was able to document nearly 600 sex assault cases on base since 2007 through dozens of interviews and by piecing together records and data from the military’s four main branches and school system.

Sexual violence occurs anywhere children and teens gather on base — homes, schools, playgrounds, food courts, even a chapel bathroom. Many cases get lost in a dead zone of justice, with neither victim nor offender receiving help.

“These are the children that we need to be protecting, the children of our heroes,” said Heather Ryan, a former military investigator.

The tens of thousands of kids who live on bases in the U.S. and abroad are not covered by military law. The U.S. Justice Department, which has jurisdiction over many military bases, isn’t equipped or inclined to handle cases involving juveniles, so it rarely takes them on.

Federal prosecutors, for example, pursued roughly one in seven juvenile sex offense cases that military investigators presented, according to AP’s review of about 100 investigative files from Navy and Marine Corps bases.

WATCH: DONALD TRUMP JR. SAYS IT’S ‘SCARY’ HOW SIMILAR DEMOCRATIC AND NAZI PARTIES ARE

Donald Trump Jr. equated the Democratic Party to the Nazi Party in 1930s Germany at a film screening for conservative provocateur Dinesh D’Souza Wednesday night.

Trump Jr., who was co-hosting the event, told a reporter from One America News that he often “hears the left talking about fascism and Nazism on the right.” But, said Trump Jr., “when you look at the actual history of how those things evolved and you look at the actual platform of the modern left, you say, ‘Wait a minute, those two are actually really heavily aligned and frankly, contrary to the right.’”

President Donald Trump’s eldest son stuck to this point, clarifying it later in the interview: “You see the Nazi platform in the early 1930s...and you look at it, compared to the DNC platform of today, you’re saying, ‘Man, those things are awfully similar’ to a point where it’s actually scary, to me. That was one of the striking things I took from the movie because it’s the exact opposite of what you’ve been told.”

Trump-appointed judge upholds special counsel Mueller's authority

cnn

A federal district judge who was appointed by President Donald Trump has upheld Robert Mueller's appointment and constitutional authority in the special counsel's case against Russian social media propagandists.

Judge Dabney Friedrich, who serves at the trial-court level in DC federal court, said Concord Management and Consulting could not have its case tossed on constitutional grounds. The Russian company accused of backing a social media effort to sway voters against Democratic presidential candidate Hillary Clinton claimed Mueller didn't have power to bring the case because he was not appointment by the President and confirmed by Congress. Mueller was appointed under the authority of Deputy Attorney General Rod Rosenstein, who has broad power as the acting head of the Justice Department for the 2016 election probe.

Friedrich cited opinions by three other federal judges -- Amy Berman Jackson, who oversees Paul Manafort's criminal foreign lobbying case; T.S. Ellis, who oversees Manafort's financial fraud case; and DC District Court Chief Judge Beryl Howell -- to back up her decision.

All three judges also denied requests to invalidate Mueller's authority, with Howell writing as recently as late July that a witness subpoenaed to turn over documents and to testify before the grand jury about Roger Stone would have to. That witness, Andrew Miller, has been held in contempt of the court and now may appeal.

Trump, along with his lawyers Rudy Giuliani and Jay Sekulow, have claimed that Mueller's investigation violated the Constitution. Most notably, Trump said in an early June tweet that Mueller's appointment was "totally UNCONSTITUTIONAL." Monday's ruling specifically rejected some of these arguments that Trump's lawyers have made on television.

EX-HAREDIM BATTLE ULTRA-ORTHODOX IN A DIVIDED ISRAELI CITY

jpost

There is s simmering battle: several dozen haredi dropouts, young men and women who shed their Orthodox identity in their teenage years and are rejected by many in their former communities.

BEIT SHEMESH, Israel  — Built in the 1990s in part to ease crowding in haredi Orthodox neighborhoods elsewhere in Israel, Ramat Beit Shemesh Bet is both an Orthodox boom town and a site of ongoing tensions between different streams of religious Jews.

National-religious Jews have long complained of harassment by members of the haredi community, who style themselves as enforcers of strict codes for dress and conduct.