Politics
Column: Tulsi Gabbard as intelligence czar? The Trump Cabinet pick most likely to fail
WASHINGTON — Tulsi Gabbard, President-elect Donald Trump’s nominee to oversee the nation’s 18 intelligence agencies, is a woman of strong views, vigorously expressed.
A former Bernie Sanders Democrat, she now says the Democratic Party is controlled by “an elitist cabal of warmongers” that includes “rogue intelligence and law enforcement agents.” President Biden and Vice President Kamala Harris, she wrote recently, are merely puppets of that cabal.
A staunch anti-interventionist who opposes almost any use of U.S. military force, the former congresswoman from Hawaii blames Biden — not Vladimir Putin — for Russia’s invasion of Ukraine.
All of which echoes Trump’s views, especially his conviction that the FBI, CIA and other national security agencies have plotted ceaselessly against him.
On the other hand, during Trump’s first term in the White House, she also complained that he was too tough on Iran and denounced him for acting like “Saudi Arabia’s bitch.”
This year, though, she rallied to his side and endorsed him for promising to seek a thaw with Russia. She was a frequent, telegenic surrogate for his campaign on Fox News. No wonder Trump decided she was the perfect choice to guard the nation’s secrets as director of national intelligence.
National security veterans from both parties are not only unimpressed; they’re alarmed.
“We normally look for demonstrated competence in a nominee,” said Gregory F. Treverton, a former top intelligence official during the Obama administration who now teaches at USC. “This is a case of demonstrated incompetence. … She was obviously selected solely because she’s loyal to Trump.”
“I think she’s a serious threat to our national security,” John Bolton, who served as Trump’s national security advisor during his first term, said in a television interview. “Her judgment is nonexistent.”
Among Republicans in the Senate, Gabbard’s nomination elicited a few glowing endorsements — but an impressive list of noncommittal statements.
“That’s a nominee that illustrates the importance of a full background check,” said Susan Collins of Maine, one of the GOP senators who helped sink the nomination of former Rep. Matt Gaetz for attorney general last month.
Sen. James Lankford of Oklahoma said he “will have a lot of questions.” “It’s really important that we have leadership there that’s able to support” the intelligence agencies, he added.
Sen. John Cornyn of Texas, formerly the GOP’s second-ranking Senate leader, gave a speech praising most of Trump’s national security nominees by name — but left Gabbard conspicuously off the list. A Cornyn aide declined to say whether the omission was deliberate.
To Senate-watchers, the meaning of all that terseness was clear: If any of Trump’s nominees are in danger, Gabbard is at the top of the list.
Her long record as a foreign policy dissident under both Democratic and Republican presidents will give Senate hawks plenty to scrutinize — and, perhaps, to excoriate.
She not only blamed Biden for Russia’s war on Ukraine (she claims he failed to acknowledge Putin’s “legitimate security concerns” and demanded the United States cut off military aid to Kyiv. She also charged that the U.S. was funding dangerous biological laboratories in Ukraine — “parroting fake Russian propaganda,” Sen. Mitt Romney of Utah complained.
On the Syrian civil war, Gabbard opposed U.S. aid to the rebels fighting the brutal regime of Bashar Assad, met with the authoritarian leader and defended him against the allegations that he used chemical weapons on his own people. Assad, who is propped up by military aid from Iran and Russia, “is not the enemy of the United States,” she said.
She defended Edward Snowden and Julian Assange, who were indicted for masterminding two of the biggest leaks of intelligence secrets in U.S. history — a position unlikely to endear her to intelligence community professionals or hawks in the Senate.
Gabbard also criticized Trump during his first term for military intervention, including for bombing Syrian government forces in 2017 in retaliation for Assad’s use of chemical weapons against civilians.
She condemned Trump for ordering the assassination of Iran’s Gen. Qassem Soleimani in 2020, and for imposing harsh economic sanctions on Iran over its nuclear program. She also excoriated Trump for supporting Saudi Arabia’s authoritarian regime in exchange for military purchases — the reason she called him “Saudi Arabia’s bitch.”
Trump does not appear to have held any of that against her — especially after she began campaigning for him. And, of course, he shares Gabbard’s view of the CIA as a rogue agency that needs to be brought to heel.
That’s the core of the problem with her nomination, Treverton argues.
“She’s going to be at war with the intelligence community,” he said. “She’ll politicize it in ways that are obvious and not obvious.”
Intelligence, he added, is an area in which political loyalty is not always a cardinal virtue.
“If the president surrounds himself with yes-men and yes-women, that’s dangerous,” he said. “You need to encourage intelligence officers to come forward with bad news, instead of telling leaders only what they want to hear.”
Republican Sen. Mitch McConnell of Kentucky, the former Senate leader, has said he plans to use his remaining time in the Senate to oppose the rising isolationism in his party.
He has criticized Trump’s foreign policy slogan, “America First,” as similar to “the language they used in the ‘20s and ‘30s.” He has said pushing back against Putin and his allies, especially in Ukraine, must be a top priority — no matter what Trump and Gabbard think.
There are at least a dozen national security Republicans in the Senate — “Reagan Republicans,” in McConnell’s words — who share that view. With the GOP holding a 53-47 majority, it would take only four to sink a nomination.
Will McConnell and other Russia hawks have the courage of their convictions? This nomination would be a good place to start.
Politics
How a Phone Call Drew Alito Into a Trump Loyalty Squabble
Justice Samuel A. Alito Jr. received a call on his cellphone Tuesday. It was President-elect Donald J. Trump, calling from Florida.
Hours later, Mr. Trump’s legal team would ask Justice Alito and his eight colleagues on the Supreme Court to block his sentencing in New York for falsifying business records to cover up a hush-money payment to a pornographic film actress before the 2016 election. And the next day, the existence of the call would leak to ABC News — prompting an uproar about Mr. Trump’s talking to a justice before whom he would have business with substantial political and legal consequences.
Justice Alito said in a statement on Wednesday that the pending filing never came up in his conversation with Mr. Trump and that he was not aware, at the time of the call, that the Trump team planned to file it. People familiar with the call confirmed his account.
But the fact of the call and its timing flouted any regard for even the appearance of a conflict of interest at a time when the Supreme Court has come under intense scrutiny over the justices’ refusal to adopt a more rigorous and enforceable ethics code.
The circumstances were extraordinary for another reason: Justice Alito was being drawn into a highly personalized effort by some Trump aides to blackball Republicans deemed insufficiently loyal to Mr. Trump from entering the administration, according to six people with knowledge of the situation, who spoke on the condition of anonymity to describe private conversations.
The phone call centered on William Levi, a former law clerk of Justice Alito’s who seemingly has impeccable conservative legal credentials. But in the eyes of the Trump team, Mr. Levi has a black mark against his name. In the first Trump administration, he served as the chief of staff to Attorney General William P. Barr, who is now viewed as a “traitor” by Mr. Trump for refusing to go along with his efforts to overturn his loss in the 2020 election.
Mr. Levi has been under consideration for several jobs in the new administration, including Pentagon general counsel. He has also been working for the Trump transition on issues related to the Justice Department. But his bid for a permanent position has been stymied by Mr. Trump’s advisers who are vetting personnel for loyalty, according to three of the people with knowledge of the situation.
As Mr. Trump puts together his second administration, Mr. Barr is among a handful of prominent Republicans who are viewed with such suspicion that others associated with them are presumptively not to be given jobs in the administration, according to people familiar with the dynamic. Republicans in that category include Mr. Trump’s former secretary of state Mike Pompeo and his former U.N. ambassador Nikki Haley. To be called a “Pompeo guy” or a “Haley person” is considered a kiss of death in Mr. Trump’s inner circle. Resistance to such people can usually be overcome only if Mr. Trump himself signs off on their hiring.
Tuesday’s phone call took place against that backdrop. Several people close to the Trump transition team on Thursday said their understanding was that Justice Alito had requested the call. But a statement from Justice Alito framed the matter as the justice passively agreeing to take a call at the behest of his former clerk.
The disconnect appeared to stem from Mr. Levi’s role in laying the groundwork for the call in both directions. It was not clear whether someone on the transition team had suggested he propose the call.
Mr. Levi did not respond to a request for comment. The Supreme Court press office said it had nothing to add to the statement it put out from Justice Alito on Wednesday. In that statement, Justice Alito said that Mr. Levi “asked me to take a call from President-elect Trump regarding his qualifications to serve in a government position. I agreed to discuss this matter with President-elect Trump, and he called me yesterday afternoon.”
He added: “We did not discuss the emergency application he filed today, and indeed, I was not even aware at the time of our conversation that such an application would be filed. We also did not discuss any other matter that is pending or might in the future come before the Supreme Court or any past Supreme Court decisions involving the president-elect.”
During the call, according to multiple people briefed on it, Mr. Trump initially seemed confused about why he was talking to Justice Alito, seemingly thinking that he was returning Justice Alito’s call. The justice, two of the people said, told the president-elect that he understood that Mr. Trump wanted to talk about Mr. Levi, and Mr. Trump then got on track and the two discussed him.
A spokesman for Mr. Trump did not respond to an email seeking comment.
While it is unusual for an incoming president to speak with a Supreme Court justice about a job reference, it is routine for justices to serve as references for their former clerks. Justices traditionally treat their clerks as a network of protégés whose continued success they seek to foster as part of their own legacies.
Seemly or not, there is a long history of interactions between presidents and other senior executive branch officials and Supreme Court justices who sometimes will have a say over the fate of administration policies.
In 2004, a controversy arose when there was a lawsuit seeking disclosure of records about Vice President Dick Cheney’s energy task force meetings. One of the litigants, the Sierra Club, asked Justice Antonin Scalia to recuse himself from participation in the case because he had recently gone duck hunting with Mr. Cheney. Justice Scalia declined, issuing a 21-page memorandum that explained why he believed stepping aside was unjustified.
Part of Justice Scalia’s argument was that Mr. Cheney was being sued over an official action. That makes Mr. Trump’s pending attempt to block his sentencing for crimes that he was convicted of committing in his private capacity somewhat different, although the basis of Mr. Trump’s argument is that being sentenced and then fighting an appeal would interfere with his ability to carry out his official duties.
In trying to justify his decision not to recuse, Justice Scalia noted that justices have had personal friendships with presidents going back years, including some who played poker with Presidents Franklin D. Roosevelt and Harry S. Truman but did not recuse themselves from cases challenging their administrations’ policies and actions.
Mr. Trump has long sought to pressure the Supreme Court, in some cases by publicly hectoring the justices on social media for decisions he disagrees with. Mr. Trump has often privately complained that the three justices he appointed in his first term — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — had “done nothing” for him, according to a person who has discussed the matter with Mr. Trump.
One week after the 2018 midterm elections, Mr. Trump and the first lady, Melania Trump, had lunch with Justice Clarence Thomas and his wife, Virginia Thomas. Ms. Thomas, a longtime conservative activist, made suggestions about personnel shake-ups to Mr. Trump and later supported his efforts to try to overturn the 2020 election results.
In December 2020, Mr. Trump attacked the Supreme Court as “incompetent and weak” for refusing to address his legal team’s efforts to challenge the 2020 election. Two years later, he attacked the court again for giving Congress access to his tax returns.
The Supreme Court redeemed itself in Mr. Trump’s eyes last summer when the six Republican-appointed justices ruled that former presidents have broad immunity from being prosecuted over actions they took in their official capacity. That ruling threw into doubt how much of the indictment brought against Mr. Trump for his efforts to overturn the 2020 election could actually survive to go to trial — even after prosecutors filed a revised version trying to account for the court’s decision.
The Supreme Court’s intervention also seriously delayed the case’s progress, effectively making it impossible to get the charges to a jury before the election. And once Trump won the 2024 race, he could no longer face prosecution under Justice Department policy.
Kirsten Noyes contributed research from New York.
Politics
Appeals court will not block partial release of special counsel Jack Smith's Trump report
A federal appeals court rejected a bid to block the release of a portion of special counsel Jack Smith’s final report detailing his investigation and prosecution of President-elect Trump’s alleged 2020 election interference and alleged improper retention of classified records.
The U.S. Court of Appeals for the 11th Circuit denied a request from Walt Nauta, an aide to Trump, and Carlos de Oliveira, the former property manager at Mar-a-Lago, who were charged with obstructing a separate federal investigation into Trump’s handling of sensitive government records.
The court left a three-day hold on DOJ’s release of the report.
JUDGE GRANTS JACK SMITH REQUEST TO DISMISS JAN. 6 CHARGES AGAINST TRUMP, APPEAL DROPPED IN FLORIDA DOCS CASE
The Justice Department said it would proceed with plans to release the first of two volumes centered on the election interference case but would make the classified documents section of the report available only to the chairmen and ranking members of the House and Senate Judiciary Committees for their private review as long as the case against Trump’s co-defendants is ongoing.
It was not immediately clear when the election interference report might be released.
The election interference case was narrowed by a Supreme Court ruling on presidential immunity, which ruled that former presidents have broad immunity from prosecution.
Following Trump’s presidential victory, Smith’s team abandoned both cases in November, citing Justice Department policy that prohibits federal prosecutions of sitting presidents.
TRUMP SAYS HE RESPECTS SUPREME COURT’S DECISION TO DENY HIS RESQUEST TO STOP SENTENCING, VOWS TO APPEAL
Justice Department regulations call for special counsels appointed by the attorney general to submit a confidential report at the conclusion of their investigations. It is then up to the attorney general to decide what to make public.
Attorney General Merrick Garland has made public in their entirety the reports produced by special counsels who operated under his watch, including Robert Hur’s report on President Joe Biden’s handling of classified information and John Durham’s report on the FBI’s Russian election interference investigation.
In a statement, Trump Communications Director Steven Cheung said that it was time to “put a final stop to the political weaponiziation of our Justice system.”
“Deranged Jack Smith was sent packing after losing both of his Witch Hunts against President Trump. Deranged was unconstitutionally appointed and paid for, so he cannot be allowed to do anything more in perpetuation of his election-interfering hoaxes, let alone prepare an unconstitutional, one-sided, falsehood-ridden screed,” he said.
“Today’s decision by the 11th Circuit keeps Judge Cannon’s injunction in place and prevents any report from being issued. It is time for Joe Biden and Merrick Garland to do the right thing and put a final stop to the political weaponization of our Justice system,” Cheung said. “The American People elected President Trump with a historic and overwhelming mandate, and we look forward to uniting our country in the new Administration as President Trump makes America great again.”
Fox News’ Brooke Signman and the Associated Press contributed to this report.
Politics
Supreme Court turns down Trump plea to block New York sentencing for hush money conviction
WASHINGTON — The Supreme Court on Thursday turned down President-elect Donald Trump’s plea to block a New York judge from sentencing him Friday on his felony conviction in a hush-money case.
The vote was 5-4, with conservative Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh saying they would have granted Trump’s request.
The decision means Trump will be the first president to have a felony on his record when he takes the oath of office on Jan. 20.
The majority in an unsigned opinion said Trump is still free to appeal his conviction later and said the sentencing hearing will not pose much of a burden, since he need not attend.
Trump’s lawyers filed an emergency appeal on Wednesday that rested on a thin claim of immunity.
Last year, the justices ruled that a president or ex-president was immune from criminal charges for his “official acts” while in office.
This week, Trump’s lawyers argued the justices should extend the immunity rule to shield the president-elect from being held accountable now for a private criminal scheme that began before his election as president.
A New York jury found Trump guilty of falsifying business records, a crime under New York law. He wrote checks to Michael Cohen, his former personal lawyer, to repay him for a $130,000 payment to an adult film star to buy her silence prior to the 2016 election. The payments were listed as legal expenses.
Jurors convicted him on 34 counts.
Trump’s trial lawyers urged Judge Juan Merchan to delay his sentencing until after the November election.
Once Trump won the election, they argued the incoming president had an immunity from all the pending criminal cases, including his felony conviction.
New York prosecutors had urged the court on Thursday to deny Trump’s “extraordinary immunity claim.”
“While he was a private citizen, defendant [Trump] was charged, tried, and convicted for conduct that he concedes is wholly unofficial,” they said. In his appeal, he “makes the unprecedented claim that the temporary presidential immunity he will possess in the future fully immunizes him now,” before he is sworn in as president again, they said.
On Tuesday, the day before his attorneys filed their emergency appeal in the high court, Trump arranged to speak with Alito about one of his former clerks. Alito confirmed the call to ABC News.
“William Levi, one of my former law clerks, asked me to take a call from President-elect Trump regarding [Levi’s] qualifications to serve in a government position,” Alito said. “I agreed to discuss this matter with President-elect Trump, and he called me yesterday afternoon.”
He said they did not discuss the “emergency application” regarding Trump’s New York sentencing, which had not been filed yet at the court.
“I was not even aware at the time of our conversation that such an application would be filed,” Alito said. “We also did not discuss any other matter that is pending or might in the future come before the Supreme Court or any past Supreme Court decisions involving the president-elect.”
Alito cast a vote in favor of Trump.
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