US reportedly sending ISIS fighters captured in Syria to Iraq

The U.S. has reportedly sent at least 30 suspected ISIS combatants who were captured in Syria in 2017 and 2018 to Iraq for trials. 

Reuters reported the transfers on Wednesday, citing interviews with the men, Iraqi sources and court documents. Three of the men have reportedly been convicted of ISIS membership and sentenced to death while five have have been given life sentences.

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The Iraqi Counter Terrorism Service (CTS) denied to Reuters that the men were transferred into their custody. The agency also denied torture claims four of the men made to Reuters, which the news outlet was not able to verify.

The U.S. military’s Central Command did not immediately respond to a request for comment from The Hill and declined to comment on the findings to Reuters, but did tell the wire service that there are challenges associated with the detainees.

“The issue of foreign terrorist fighters in SDF [U.S.-supported Syrian Democratic Forces] custody in Syria is an extremely complex problem,” spokesman Capt. Bill Urban told Reuters.

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He added that the U.S. wants other countries to deal with their combatants with “prosecution, rehabilitation programs, or other measures that sufficiently prevent detainees from re-engaging in terrorism.”

“We remain engaged with a wide range of international partners to ensure that these foreign terrorist fighters never threaten anyone again,” Urban said.

Reuters interviewed eight men who had been convicted of being ISIS fighters. They reportedly said that after they were captured by the SDF, they were held at U.S. military bases in Iraq or Jordan before being transferred to Iraqi custody.

The men told Reuters that they were prosecuted using false confessions, which six said they were tortured into thumb-printing. Iraqi officials have denied this allegation.

CTS spokesperson Sabah al-Naaman denied both the claims of transfers from Syria into CTS custody in 2017 and 2018 and also denied the torture allegations. 

“IS [Islamic State] members know how to tell lies to mislead judges in order to evade prosecutions,” Naaman said.

Overnight Defense: Pentagon intel chief believes Russia cheating on nuke treaty | Shanahan breaks with Trump over North Korean missile tests | Top general explains Iranian threats

Happy Wednesday and welcome to Overnight Defense. I’m Rebecca Kheel, and here’s your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond. CLICK HERE to subscribe to the newsletter.

 

THE TOPLINE: The United States is accusing Russia of “probably” violating another control agreement.

The accusation that Russia may not be following an agreement that bans nuclear tests came from public remarks Wednesday by the top U.S. defense intelligence officer.

“The United States believes that Russia probably is not adhering to its nuclear testing moratorium in a manner consistent with the ‘zero-yield’ standard,” Defense Intelligence Agency Director Lt. Gen. Robert Ashley said in remarks at the Hudson Institute.

“Our understanding of nuclear weapon development leads us to believe Russia’s testing activities would help it to improve its nuclear weapons capabilities,” he added.

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But when pressed by a reporter on the comment, Ashley said only that “we believe they have the capability to do it the way they are set up” without again saying Russia likely is doing the testing.

Background: At issue is the Comprehensive Nuclear Test Ban Treaty (CTBT), a United Nations agreement negotiated in the 1990s to ban nuclear explosions. Not enough countries have ratified the treaty for it to enter into force, but world powers, including the United States and Russia, agreed to adhere to a ban on tests. The zero-yield standard in the agreement means any explosions, even those that produce a low yield, are prohibited.

The U.S. accusation that Moscow could be violating its test ban commitment comes at a critical time for U.S.-Russian arms control.

The Trump administration is in the process of withdrawing from a Cold War-era treaty that banned the United States and Russia from having nuclear and conventional ground-launched ballistic and cruise missiles with certain ranges. U.S. officials dating back to the Obama administration have repeatedly accused Russia of violating that accord, known as the Intermediate-range Nuclear Forces Treaty.

Meanwhile, a separate Obama-era treaty known as New START that caps the number of deployed nuclear warheads the United States and Russia are allowed is up for renewal in 2021. The Trump administration has indicated it wants to expand the scope of the treaty in order renew it, including folding in new weapons not covered by the deal and possibly including China.

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Criticism: Arms control advocates quickly criticized the administration Wednesday, saying Ashley presented no evidence to back up his accusation.

“The most effective way for the United States to enforce compliance with the zero-yield standard is for the Trump administration and the U.S. Senate to support ratification of the treaty and help to bring it into force, which would allow for intrusive, short-notice, on-site inspections to detect and deter any possible cheating,” the Arms Control Association said in a statement.

“In the meantime, if the U.S. has credible evidence that Russia is violating its CTBT commitments, it should propose, as allowed for in Articles V and VI of the treaty, mutual confidence building visits to the respective U.S. and Russian test sites by technical experts to address concerns about compliance,” the association added.

 

SHANAHAN BREAKS WITH TRUMP ON NORTH KOREA TESTS: Acting Defense Secretary Patrick ShanahanPatrick Michael ShanahanUS identifies remains of more American soldiers from North Korea Overnight Defense: Republican blocks disaster aid package that includes money to rebuild military bases | Trump revives fight over aircraft carrier catapults | Trump contradicts ally, aide on North Korea missile tests GOP rep says intel on Iran is ‘credible’ MORE has garnered a reputation for toeing the company line.

But on Wednesday, he contradicted President TrumpDonald John TrumpDemocrat to announce Senate bid Wednesday against Lindsey Graham Harris praises Amash for calling for Trump’s impeachment: He has ‘put country before party’ NY Times reporter wears wedding dress to cover Trump in Japan after last-minute dress code MORE‘s assessment about whether North Korea’s recent short-range missile tests violate U.N. Security Council resolutions.

“I — let me just be clear, the short — these were short range missiles and those are a violation of the UNSCR. Yes,” Shanahan told reporters traveling with him to Asia, according to the Pentagon’s transcript.

Context: Trump has said several times over the last few days he is not bothered by the recent tests after national security advisor John BoltonJohn Robert BoltonOvernight Defense: Republican blocks disaster aid package that includes money to rebuild military bases | Trump revives fight over aircraft carrier catapults | Trump contradicts ally, aide on North Korea missile tests To avoid war with Iran, US needs to deal — starting with a concession Trump’s Africa initiative to be unveiled next month: Still a work in progress MORE said they violated U.N. Security Council resolutions.

“North Korea fired off some small weapons, which disturbed some of my people, and others, but not me,” Trump tweeted Saturday.

“All I know is that there have been no nuclear tests. There have been no ballistic missiles going out. There have been no long-range missiles going out. And I think that someday we’ll have a deal,” Trump added Monday in Japan, saying he was not “personally” bothered by the tests.

Trump’s comments in Japan also broke with Japanese Prime Minister Shinzo Abe, who like Bolton and Shanahan said the test violated Security Council resolutions.

At State: Later in the afternoon Wednesday, the State Department spokeswoman was asked Shanahan’s comments at her first on-camera press briefing and whether the department also believes the tests violated U.N. resolutions.

Spokeswoman Morgan Ortagus demurred, referring back to comments she made Tuesday at an off-camera briefing that “the entire North Korean WMD program” is “in conflict” with U.N. resolutions.

 

DUNFORD ELABORATES ON IRAN THREATS: The top general in the U.S. military on Wednesday said he viewed recent threats from Iran that precipitated U.S. deployments to the region as different because they were “more of a campaign” than previous threats.

“What’s not new are threat streams. What was new was a pattern of threat streams that extended from Yemen, so threats emanating from Yemen, threats in the Gulf and threats in Iraq,” Chairman of the Joint Chiefs of Staff Gen. Joseph Dunford said in his most detailed public remarks yet on the threats from Iran.

“We also saw in the intelligence that there was a question about both the will and capability of the United States to respond. What I would argue was qualitatively different is we saw something that was more of a campaign than an individual threat,” he added.

“And it was the geographic span and the perception that activity would try to be synchronized in time that caused us to look at that threat differently than 40 years, by the way, of malign activity by the Iranians. So malign activity and threats to our forces by the Iranians were not new, but a more widespread, almost campaign-like perspective for the Iranians was what we were dealing with.”

Shanahan offers some details: Shanahan also provided a tidbit of detail on the troop deployments the Pentagon announced last week.

The 900 new troops being deployed to counter Iran will be sent to Saudi Arabia and Qatar, he said.

Asked about sharing more information on the intelligence behind the deployments, Shanahan suggested he wants to share more but is trying to protect sources.

“I spent a lot of time trying to balance how much can be shared and how much to protect. In a perfect world more is better, but I really need to protect the sources,” he said.

Bolton in UAE: Meanwhile, Bolton told reporters traveling with him in the United Arab Emirates on Wednesday that alleged sabotage of four oil tankers off that country’s coast was carried out with “naval mines almost certainly from Iran.”

Bolton was in the UAE ahead of a meeting of regional leaders to discuss the tanker attacks, as well as drone strikes on oil pumping stations in Saudi Arabia. Iran-linked Houthi rebels in Yemen have taken credit for the drone strikes.

 

ON TAP FOR TOMORROW

Former Air Force Secretary Deborah Lee James will discuss her book, “Aim High: Chart Your Course and Find Your Success” at 10 a.m. at the National Press Club. https://bit.ly/2VZ4NCR

Acting Deputy Defense Secretary David Norquist will speak at the Center for a New American Security at 1:30 p.m. https://bit.ly/2X8SOUF

Kathryn Wheelbarger, acting assistant secretary of Defense for international security affairs, will talk about Russian resurgence in the Middle East at 2 p.m. at the Atlantic Council. https://bit.ly/30UwKzi

 

ICYMI

— The Hill: Furious lawmakers aim to block Trump’s Saudi arms sales

— The Hill: US identifies remains of more American soldiers from North Korea

— The Hill: Opinion: Why intelligence officials need to brief Congress on Iranian threats

— The Hill: Opinion: Israeli-Palestinian conflict can end with the New State Solution

— Reuters: Islamic State suspects sent by U.S. from Syria to Iraq

— The New York Times: Turkey frees American NASA scientist imprisoned for 2 years

Durbin urges acting FDA chief to crack down on e-cigarettes

The Food and Drug Administration (FDA) needs to immediately remove kid-friendly electronic cigarette flavors from the market and crack down on Juul’s claims that it can help people quit smoking, a top Senate Democrat said Wednesday.

In a letter to Acting FDA Commissioner Ned Sharpless, Sen. Dick DurbinRichard (Dick) Joseph DurbinSenate GOP vows to quickly quash any impeachment charges Senate Democrats to House: Tamp down the impeachment talk Threat of impeachment takes oxygen out of 2019 agenda MORE (D-Ill.) said he doesn’t understand why the agency isn’t taking action to address the sharp increase in youth vaping.

Durbin outlined actions he thinks Sharpless needs to take to curb youth use of e-cigarettes, but said that after meeting with Sharpless earlier this month, he does not think the acting commissioner has any intention of dealing with the issue. 

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“It is my belief that any person leading the FDA … must, first and foremost, feel a deep sense of responsibility to protect the health and well-being of all Americans, especially our nation’s children. Unfortunately, based on our meeting, I do not have confidence that you are that leader,” Durbin said.

Durbin urged Sharpless not to appeal a federal judge’s ruling earlier this month that would require the agency to speed up its review of thousands of e-cigarettes on the market

“We know that kids are attracted to these products because of the kid-friendly flavors that your agency is currently, and inexplicably, refusing to regulate,” Durbin wrote. “You have the explicit authority to end FDA’s senseless decision to suspend public health review of e-cigarettes and cigars and take action today.”

Durbin also said the agency needs to immediately enforce its own “deeming rule” which prohibits any new e-cigarette product from coming to market after Aug. 8, 2016, without FDA approval.

According to Durbin, “new products are coming to market seemingly daily” without FDA approval. And yet, he said “FDA has not ordered the removal of a single product for this violation.”

For example, Durbin noted that popular e-cigarette company Juul’s mango and “cool cucumber” flavors did not come to market until 2017, and they did so without FDA approval.

“It defies logic that a federal regulatory agency, such as FDA, would not have an understanding of which products are on the market legally and which are on the market illegally,” Durbin said, and called for the agency to remove all e-cigarette products that were not widely and commercially available before the 2016 deeming rule took effect.

Durbin also said Sharpless needs to stop Juul from marketing itself as a way to help adults quit smoking.

“FDA has the authority to stop this deceptive marketing campaign. Use it,” Durbin wrote.

The FDA told The Hill it has received the letter and will respond directly to Durbin.

An agency spokesman said Sharpless “is committed to continuing to tackle the troubling epidemic of e-cigarette use among kids. This includes preventing youth access to, and appeal of, flavored tobacco products like e-cigarettes and cigars, taking action against manufacturers and retailers who illegally market or sell these products to minors, and educating youth about the dangers of e-cigarettes and other tobacco products.”

Updated 7:50 p.m.

 

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Overnight Energy: Lawmaker warns White House not to influence science in climate report | Trump appeals Arctic drilling decision | Officials promote natural gas exports as 'freedom gas'

MARKEY THROWS SHADE OVER SCIENCE REPORT: Sen. Edward MarkeyEdward (Ed) John MarkeyHillicon Valley: Assange hit with 17 more charges | Facebook removes record 2.2B fake profiles | Senate passes anti-robocall bill | Senators offer bill to help companies remove Huawei equipment Senate passes anti-robocall bill The Hill’s 12:30 Report: Pelosi fires back in feud with Trump MORE (D-Mass.) on Wednesday warned the White House against interfering with science in its congressionally-mandated report on climate change.

“Any political interference into the climate science that underpins this report could have a chilling effect on science research going forward and could potentially put American lives and property at increased risk by understating the urgency of climate action,” Markey wrote in a letter to the White House’s director of the Office of Science and Technology Policy.

The back story: The letter follows a report in The New York Times that officials in the office, which oversees the release of the National Climate Report, would no longer include data on the highest-emissions scenario.

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Such data lays out the worst-case impacts of global warming if emissions aren’t curbed at current rates.

What Markey wants: Markey, who heads the Senate Climate Change Task Force formed by Democrats, said he wanted an explanation of how the administration could think of changing the scientific measurements in the report.

Such a move, Markey said, would “artificially and unjustifiably understate the risks that climate change presents to the United States, and would misinform federal and state action taken in response to this threat.”

High stakes: The last climate assessment was released in November and its findings were dire. The results found that if emissions continue unabated, it would cost the country hundreds of billions in economic losses.

Read more on the controversy here.

 

HAPPY WEDNESDAY! Welcome to Overnight Energy, The Hill’s roundup of the latest energy and environment news. We’ll be picking up the newsletter again on Tuesday.

Please send tips and comments to Miranda Green, mgreen@thehill.com and Rebecca Beitsch, rbeitsch@thehill.com. Follow us on Twitter: @mirandacgreen, @rebeccabeitsch and @thehill.

CLICK HERE to subscribe to our newsletter.

 

OFFSHORE DRILLING FIGHT HEADS BACK TO COURT: The Interior Department is appealing a decision from an Alaska judge that blocked President TrumpDonald John TrumpDemocrat to announce Senate bid Wednesday against Lindsey Graham Harris praises Amash for calling for Trump’s impeachment: He has ‘put country before party’ NY Times reporter wears wedding dress to cover Trump in Japan after last-minute dress code MORE from rolling back offshore drilling protections for the Arctic that were put in place by President Obama.

With the Tuesday appeal, the department is fighting back against a decision that was the department’s impetus for pausing the development of its five-year offshore drilling plan for both Alaska and the Atlantic Coast.

Interior Secretary David Bernhardt recently told Congress the March decision made it unwise to develop a drilling plan.

“I saw the litigation playing out and saw the court decision, and I wanted to hold off to figure out exactly the best pathway forward,” Bernhardt told the Senate Appropriations Committee last week, adding that Interior was still evaluating “the best litigation pathway and how that affects our plan.”

Interior would not comment on the case.

How we got here: Obama barred offshore oil development in the Arctic in the last full month of his presidency. Trump issued an executive order just months later that attempted to revoke it, spurring a suit from a coalition of environmental groups.

Interior appealed to the 9th Circuit Court of Appeals, which has struck down a number of other Trump executive orders, including the travel ban for citizens from a number of Muslim-majority countries and other immigration measures.

Reaction: Erik Grafe, deputy managing attorney in the Earthjustice Alaska office, which has been fighting the case, said they would continue to battle the executive order.

“The district court in Alaska ruled that President Trump overstepped his constitutional authority by purporting to strike down oceans protections that his predecessor put in place. President Obama rightly established those protections because it is too risky to drill and would critically set us back in the global fight against climate change,” he said.

Are the plans on or off? Confusion around Interior’s offshore drilling plans stems from an April Wall Street Journal article that referred them as “indefinitely sidelined.” Earlier this month Bernhardt reiterated the departments intent to draft the plan.

Interior is required to write a five-year plan for how to manage offshore oil leases, and the current plan runs through 2022. Crafting a new plan has already caused friction between Interior and members of both parties.

Coastal Republicans split: Sen. Lisa MurkowskiLisa Ann MurkowskiSenate GOP vows to quickly quash any impeachment charges Murkowski celebrates birthday with electric scooter ride Overnight Energy: Park Service plans to pay full-time staff through entrance fees | Oil companies join blitz for carbon tax | Interior chief takes heat for saying he hasn’t ‘lost sleep’ over climate change MORE (R-Alaska) supports drilling off Alaska’s coast and recently told reporters Bernhardt was smart to delay making a plan before he knows what areas will be available for drilling.

But other Republicans, including a number of members from Florida, have asked Bernhardt to exclude their state from any future plan.

Sen. Marco RubioMarco Antonio RubioLawmakers, Trump agencies set for clash over chemicals in water Frustration boils over with Senate’s ‘legislative graveyard’ Senate passes disaster aid bill after deal with Trump MORE (R-Fla.) told Bernhardt at a hearing last week that “among Floridians there is virtually no support for drilling off the coast.”

Florida lawmakers have introduced legislation to bar drilling along the state’s coast. Democratic delegations from New Jersey and Virginia have similarly requested no offshore development along their coastlines.

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Bernhardt’s conversation with senators about his offshore drilling plans appeared to be key in garnering support for his nomination.

Read more here.

 

YOU GET ‘FREEDOM GAS’ AND YOU GET ‘FREEDOM GAS’: Energy officials within the Trump administration referred to natural gas exported by U.S. energy companies as “freedom gas” and “molecules of U.S. freedom” in official statements.

In a press release Tuesday, Under Secretary Mark Menezes of the Energy Department said that an expansion of natural gas exports in Texas approved by the Energy Department would aid in “spreading freedom gas throughout the world.”

“Increasing export capacity from the Freeport LNG project is critical to spreading freedom gas throughout the world by giving America’s allies a diverse and affordable source of clean energy. Further, more exports of U.S. LNG to the world means more U.S. jobs and more domestic economic growth and cleaner air here at home and around the globe,” he said in the statement.

“There’s no doubt today’s announcement furthers this Administration’s commitment to promoting energy security and diversity worldwide,” Menezes added.

A second Trump official at the Department of Energy, Steven Winberg, boasted in the press release that the export approval would cause “molecules of U.S. freedom to be exported to the world.”

“Increased supplies of U.S. natural gas on the world market are critical to advancing clean energy and the energy security of our allies around the globe. With the U.S. in another year of record-setting natural gas production, I am pleased that the Department of Energy is doing what it can to promote an efficient regulatory system that allows for molecules of U.S. freedom to be exported to the world,” Winberg, an assistant secretary for fossil energy, wrote in the news release.

The two officials’ comments were mocked online including by Washington Gov. Jay InsleeJay Robert InsleeOregon House unanimously votes to require schools to teach about the Holocaust The top 10 Democrats in the 2020 race Democratic candidates should counter Trump’s foreign policy MORE (D), a candidate for president in 2020, who drew comparisons between the odd nickname for natural gas and the decision by lawmakers to rename french fries as “freedom fries” in the U.S. House cafeteria during the Iraq War when France refused to support U.S. actions in the region.

Read more on “freedom gas” here.

 

OUTSIDE THE BELTWAY:

Connecticut House passes bill mandating education of human-induced climate change, we report.

Three Mile Island’s closure haunts Pennsylvania’s nuclear debate, the Pittsburgh Post-Gazette reports.

Lawmakers pass bills to better fund Texas parks, historic sites — if voters approve, The Texas Tribune reports.

Thousands of seabirds starved to death in the Bering Sea — and scientists see evidence of climate change, The Washington Post reports.

Ohio House passes bill to bail out nuclear plants in northern Ohio, The Cincinnati Enquirer reports.

 

ICYMI:

Stories from Wednesday…

Lawmaker criticizes White House over plans to influence science in national climate report

-Trump calls Ohio governor to offer support after tornadoes

-Watchdog group requests ethics probe for head of EPA’s air office

-Ocasio-Cortez compares climate scientists to viral clip of Ohio weatherman

-Trump energy officials label natural gas ‘freedom gas’

-Trump administration appeals ruling that blocked offshore Arctic drilling

-Philippine lawmakers pass bill requiring students to plant 10 trees before they can graduate

-Connecticut House passes bill mandating education of human-induced climate change

Schiff: Mueller can answer 'a great many questions' beyond his report

House Intelligence Committee Chairman Adam SchiffAdam Bennett SchiffTrump: Dems are getting nothing done in Congress Seven key allies for Pelosi on impeachment Democrats claim victory as Trump gets battered in court MORE (D-Calif.) said Wednesday that lawmakers “look forward” to Robert MuellerRobert (Bob) Swan MuellerThe Hill’s 12:30 Report: Trump orders more troops to Mideast amid Iran tensions Trump: Democrats just want Mueller to testify for a ‘do-over’ Graham: Mueller investigation a ‘political rectal exam’ MORE’s testimony, despite the special counsel’s stated reluctance to testify on Capitol Hill.

“We look forward to Mueller’s testimony before Congress. While I understand his reluctance to answer hypotheticals or deviate from the carefully worded conclusions he drew on his charging decisions, there are, nevertheless, a great many questions he can answer that go beyond the report, including any counterintelligence issues and classified matters that were not addressed in his findings,” Schiff said in a statement Wednesday afternoon.

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Earlier in the day, Mueller made his first public remarks since beginning his now-completed investigation into Russian interference in the 2016 presidential election. He reiterated some of the findings from his 448-page report and explained in further detail why he did not reach a decision on whether President TrumpDonald John TrumpDemocrat to announce Senate bid Wednesday against Lindsey Graham Harris praises Amash for calling for Trump’s impeachment: He has ‘put country before party’ NY Times reporter wears wedding dress to cover Trump in Japan after last-minute dress code MORE obstructed justice.

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Mueller also made clear that he does not want to testify before Congress — something Democrats have demanded — and that he expects his public remarks on Wednesday to be his last regarding the 22-month investigation.

“I hope and expect this to be the only time that I will speak about this matter. I am making that decision myself — no one has told me whether I can or should testify or speak further about this matter,” Mueller said. “The report is my testimony.”

Schiff’s panel, along with the House Judiciary Committee, has sought Mueller’s testimony as Democratic lawmakers pursue their own investigations into Trump and his administration.

If Mueller resists congressional testimony, Democrats could subpoena him — an option House Judiciary Committee Chairman Jerrold NadlerJerrold (Jerry) Lewis NadlerSeven key allies for Pelosi on impeachment Democrats are running out of stunts to pull from impeachment playbook Trump asks if Nadler will look into Clinton’s ‘deleted and acid washed’ emails MORE (D-N.Y.) has said is on the table.

But Nadler sidestepped questions about that possibility during a news conference Wednesday, saying, “Mr. Mueller told us a lot of what we need to hear today.”

The Judiciary panel has sought public testimony from Mueller. However, he would likely testify before the Intelligence panel behind closed doors, as lawmakers are likely to question him about sensitive details of his investigation and contacts between the Trump campaign and Moscow.

Schiff on Wednesday also said Mueller issued a “direct rebuke” of Attorney General William BarrWilliam Pelham BarrComey: Trump peddling ‘dumb lies’ Amash doubles down on accusing Barr of ‘deliberately’ misleading the public on Mueller report Barr’s probe could play right into the Kremlin’s hands MORE by stating that he was unable to consider whether to charge Trump with criminal obstruction because Justice Department policy prohibits prosecutors from indicting a sitting president.

“After that investigation, if we had confidence that the president clearly did not commit a crime, we would have said that,” Mueller said in his remarks, without noting whether he would have charged Trump with a crime were it not for the policy.

Mueller also said the Constitution “requires a process other than the criminal justice system to formally accuse a sitting President of wrongdoing.”

Barr has previously said Mueller did not fail to reach a decision on obstruction solely because of the the Justice Department’s Office of Legal Counsel (OLC) opinion. Some Democrats and Trump critics have said Mueller’s statement Wednesday undercut Barr’s earlier pronouncements.

However, in a joint statement Wednesday evening, spokespeople for both the Justice Department and Mueller’s office said there was “no conflict” between the two officials’ statements.

“The Attorney General has previously stated that the Special Counsel repeatedly affirmed that he was not saying that, but for the OLC opinion, he would have found the President obstructed justice,” said DOJ spokeswoman Kerri Kupec and special counsel spokesman Peter Carr.

“The Special Counsel’s report and his statement today made clear that the office concluded it would not reach a determination – one way or the other – about whether the President committed a crime. There is no conflict between these statements,” they said.

The Russia report compiled by Mueller and his team examined nearly a dozen episodes in which Trump may have obstructed justice, but the special counsel’s office did not reach a conclusion on the matter. In a four-page memo laying out Mueller’s findings in March, Barr said that he and then-Deputy Attorney General Rod RosensteinRod RosensteinWhy Mueller may be fighting a public hearing on Capitol Hill Jake Tapper fact-checks poster Trump admin created describing Mueller investigation Jeffrey Rosen officially sworn in as deputy attorney general MORE judged the evidence to be insufficient to accuse Trump of a crime.

Trump and his allies have seized on Barr’s judgment as vindicating him of allegations of obstruction, even as Mueller’s report does not explicitly exonerate Trump.

“[Mueller] made clear that, because of the Department’s own policy, it is left it to Congress—not the Attorney General—to evaluate and further investigate the president’s misconduct,” Schiff said Wednesday.

Updated 7:26 p.m.

Pelosi says she's 'optimistic' on infrastructure deal with Trump

Speaker Nancy PelosiNancy PelosiHillicon Valley: Facebook defends keeping up Pelosi video | Zuckerberg faces contempt of Canadian parliament | Social media giants remove Iran-linked misinformation campaign | WHO calls video game addiction a health ‘disorder’ Facebook defends decision to keep up Pelosi video ‘What you eat, you become’: Chef José Andrés reveals what he’d cook for Trump MORE (D-Calif.) said Wednesday she’s “optimistic” that lawmakers can strike a bipartisan infrastructure deal, but acknowledged the long odds if President TrumpDonald John TrumpDemocrat to announce Senate bid Wednesday against Lindsey Graham Harris praises Amash for calling for Trump’s impeachment: He has ‘put country before party’ NY Times reporter wears wedding dress to cover Trump in Japan after last-minute dress code MORE keeps lashing out over investigations into his administration.

Pelosi noted that Trump has said he wants to work on infrastructure in most of their past conversations in person or on the phone, leading her to “still feel optimistic” that it remains an issue the president is interested in pursuing.

But Pelosi acknowledged while speaking during an event hosted by the Commonwealth Club of California that Trump’s desire for an infrastructure deal might not be enough to overcome the impasse regarding Democratic probes.

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“Does he want to do it enough to not be in a huff over my saying that he’s involved in a cover-up? Well, we’ll see. But this is not for the faint of heart. I mean, you either want do it or you don’t want to do it. And you shouldn’t be offended by somebody speaking the truth about your actions,” Pelosi said.

Last week, Trump abruptly left a meeting with Democratic leaders on an infrastructure plan after Pelosi accused him of engaging in a “cover-up.” Trump then appeared before the media in the White House Rose Garden to demand that Democrats “get these phony investigations over with” before talks resume.

Pelosi’s comments Wednesday came hours after special counsel Robert MuellerRobert (Bob) Swan MuellerThe Hill’s 12:30 Report: Trump orders more troops to Mideast amid Iran tensions Trump: Democrats just want Mueller to testify for a ‘do-over’ Graham: Mueller investigation a ‘political rectal exam’ MORE delivered his first public statement on his nearly two-year investigation into Russia’s election interference and Trump’s attempts to undermine the probe.

Mueller reiterated the findings of his investigation that while his report “does not conclude that the president committed a crime, it also does not exonerate him.”

“After that investigation, if we had had confidence that the president clearly did not commit a crime, we would have said so,” Mueller said of the question of whether Trump obstructed justice.

At least 40 House Democrats have now endorsed launching an impeachment inquiry against Trump, including multiple lawmakers who announced their support after Mueller’s press briefing on Wednesday morning.

Pelosi downplayed the number of House Democrats who support impeachment out of the full 235-member caucus. 

“Many constituents want to impeach the president. But we want to do what is right and what gets results,” Pelosi said as she defended the current strategy of continuing with investigations.

Pelosi pointed to two court rulings in favor of Democrats’ document requests last week, as well as House Intelligence Committee Chairman Adam SchiffAdam Bennett SchiffTrump: Dems are getting nothing done in Congress Seven key allies for Pelosi on impeachment Democrats claim victory as Trump gets battered in court MORE‘s (D-Calif.) agreement with the Justice Department for counterintelligence documents from Mueller’s investigation.

“Nothing is off the table. But we do want to make such a compelling case, such an ironclad case, that even the Republican Senate, which at the time seems to be not an objective jury, will be convinced of the path that we have to take as a country,” Pelosi said.

Shanahan breaks with Trump on North Korea missile tests

Acting Defense Secretary Patrick ShanahanPatrick Michael ShanahanUS identifies remains of more American soldiers from North Korea Overnight Defense: Republican blocks disaster aid package that includes money to rebuild military bases | Trump revives fight over aircraft carrier catapults | Trump contradicts ally, aide on North Korea missile tests GOP rep says intel on Iran is ‘credible’ MORE said he sees recent North Korean missile tests as a violation of a United Nations Security Council resolution (UNSCR), breaking with President TrumpDonald John TrumpDemocrat to announce Senate bid Wednesday against Lindsey Graham Harris praises Amash for calling for Trump’s impeachment: He has ‘put country before party’ NY Times reporter wears wedding dress to cover Trump in Japan after last-minute dress code MORE.

Asked a direct question about whether the short-range missiles violated the resolution, Shanahan said that they did.

“I — let me just be clear, the short — these were short range missiles and those are a violation of the UNSCR.  Yes,” Shanahan said, according to a transcript of the exchange.  

The remarks marked a break with Trump, who has repeated in recent days that he was not bothered by the tests of short-range missiles earlier this month and that he is still hopeful for diplomacy with North Korean leader Kim Jong UnKim Jong UnUS identifies remains of more American soldiers from North Korea Ocasio-Cortez responds to being featured in ‘enemies of freedom’ video at baseball game Trump claims he was ‘sticking up for’ Biden with ‘low IQ’ comment MORE.

“North Korea fired off some small weapons, which disturbed some of my people, and others, but not me,” Trump tweeted Saturday. “I have confidence that Chairman Kim will keep his promise to me.”

“All I know is that there have been no nuclear tests. There have been no ballistic missiles going out. There have been no long-range missiles going out. And I think that someday we’ll have a deal,” Trump added Monday in Japan, saying he was not “personally” bothered by the tests.

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Trump’s comments on the missile tests contradicted comments from both his national security adviser, John BoltonJohn Robert BoltonOvernight Defense: Republican blocks disaster aid package that includes money to rebuild military bases | Trump revives fight over aircraft carrier catapults | Trump contradicts ally, aide on North Korea missile tests To avoid war with Iran, US needs to deal — starting with a concession Trump’s Africa initiative to be unveiled next month: Still a work in progress MORE, and the leader of Japan, a key U.S. ally.

“U.N. Security Council resolutions prohibit North Korea from firing any ballistic missiles,” Bolton told reporters in Tokyo on Saturday. “In terms of violating U.N. Security Council resolutions, there is no doubt about that.”

Trump is eager to reach a denuclearization deal with North Korea, a deal that has evaded past administrations.

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Satanic Temple cites religious beliefs as immunity from Supreme Court abortion ruling on fetal remains

The Satanic Temple said it would challenge a Supreme Court ruling from Tuesday that upheld part of an Indiana law requiring the burial or cremation of fetal remains.

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The group is citing religious freedom in declaring immunity from the law, according to the Arkansas Times.

“One of The Satanic Temple’s fundamental tenets is the inviolability of one’s body,” the international organization said in a statement.

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The Satanic Temple (TST) said “non-viable fetal tissue is part of the woman who carries it,” according to its statement to the news outlet.

“State impositions of ceremonial requirements dictating its disposal, barring any plausible medical or sanitary concerns, is a violation of TST’s Free Exercise allowing Satanists to contextualize the termination of a pregnancy on their own terms, with deference to their own religious beliefs,” the group added.

The organization, which does not worship or believe in the Satan from the Bible, is known for its vocal advocacy for separation between church and state.

“To be clear, members of The Satanic Temple will not be made to pay for these punitive, superfluous, and insulting burials. We claim exemption on religious liberty grounds, and we will almost certainly prevail in the courts if we are forced to fight,” the group’s spokesperson Lucien Greaves told the Arkansas Times.

A member of the Satanic Temple also challenged, on the grounds of religious freedom, a Missouri law that says women must wait three days when seeking an abortion, according to The Associated Press.

Trump calls Ohio governor to offer support after tornadoes

President TrumpDonald John TrumpDemocrat to announce Senate bid Wednesday against Lindsey Graham Harris praises Amash for calling for Trump’s impeachment: He has ‘put country before party’ NY Times reporter wears wedding dress to cover Trump in Japan after last-minute dress code MORE called Ohio Gov. Mike DeWine (R) on Tuesday to offer his condolences and support after the state was hit by multiple tornadoes this week.

Trump listened to the governor talk about the tornadoes that hit the area on Memorial Day and into Tuesday morning, saying on the call that he didn’t think of Ohio “as being hurricane alley,” according to The Columbus Dispatch.

“I saw that you got hit very hard,” Trump was quoted telling DeWine. “It’s sort of strange I don’t think of Ohio when you talk about tornado stuff. You don’t even think about it. I don’t think of it as being hurricane alley.”

Trump added that “we’re with you all the way, and we have FEMA out there as you know. Whatever we have to do, we’ll do,” the Dispatch reported.

Mary McDonald, the mayor of Trotwood, Ohio, near Dayton, was also on the call. The area was among those affected by tornadoes this week.

The last major storm to hit the Dayton area was in 2008, with Hurricane Ike, NPR reported. That left the city in a blackout for days, though officials said the water supply wasn’t affected.

While Ohio does not suffer from tornadoes as frequently as states more commonly associated with “tornado alley” in the center of the U.S., the state can at times be classified in the grouping, according to the National Centers for Environmental Information.

Trump in two tweets Tuesday offered similar sentiments to residents of Ohio who were impacted by the tornadoes.

He said DeWine updated him on the damage and that he “fully supports the people of the great State of Ohio.”

Local weather reports said at least nine tornadoes touched down in the state near the Dayton area, injuring more than 100 people and killing one.

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Israel votes to dissolve parliament, heads to new elections

The Israeli parliament voted to dissolve itself and set up a second national election later this year after Prime Minister Benjamin NetanyahuBenjamin (Bibi) NetanyahuMORE failed to form a ruling coalition. 

The 74-45 vote in the Knesset came just after midnight local time on Thursday and will force Netanyahu to stand for election for the second time in 2019 and at a time when corruption charges are being weighed against him. The vote marked the first time in the country’s history that an elected prime minister failed to forge a working government.

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Netanyahu was elected to a fifth term in April, but he has struggled to unite Israel’s right-wing parties into a coalition large enough to keep him in power. He appeared on the brink of reaching a deal with far-right lawmakers and ultra-religious parties, but negotiations fell through over legislation regarding military draft exemptions for ultra-orthodox Israelis.

The left-wing Labor Party also announced it had turned down an offer to be part of a coalition led by Likud, Netanyahu’s party.

Bickering among the country’s right-wing parties quickly ensued, with MK Avigdor Lieberman, head of the Yisrael Beiteinu party, blaming Likud for the vote, while Netanyahu called Lieberman a leftist who “brings down right-wing governments,” according to Haaretz.

President TrumpDonald John TrumpDemocrat to announce Senate bid Wednesday against Lindsey Graham Harris praises Amash for calling for Trump’s impeachment: He has ‘put country before party’ NY Times reporter wears wedding dress to cover Trump in Japan after last-minute dress code MORE, who has a close relationship with Netanyahu, signaled his support for the Israeli prime minister earlier this week, saying he hoped a coalition could be formed so that he and Netanyahu could “continue to make the alliance between America and Israel stronger than ever.”

The Knesset’s dissolution could also affect the rollout of the White House’s Middle East peace policy, which it said it would unveil after Ramadan ends and after Netanyahu forms his government.

The White House did not immediately respond to a request for comment from The Hill about how the plan could be impacted by the latest vote.