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Schiff subpoenas Homeland Security, charges 'unlawful obstruction'

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House Intelligence Committee Chairman Adam SchiffAdam Bennett SchiffTrump official releases unverified Russian intel on Clinton previously rejected by Senate panel Schiff subpoenas Homeland Security, charges ‘unlawful obstruction’ Schiff to subpoena top DHS official, alleges whistleblower deposition is being stonewalled MORE (D-Calif.) issued two subpoenas to the Department of Homeland Security (DHS) on Tuesday, alleging that agency officials are “unlawfully obstructing” his panel’s investigation related to a whistleblower complaint.

Schiff is seeking public testimony from Joseph Maher, the top official carrying out the duties of the under secretary for the Office of Intelligence and Analysis, related to charges from a whistleblower that top political appointees at the department sought to politicize intelligence. 

“After weeks, and in some cases months, of attempted accommodation with the Department, we were left with no choice but to issue two subpoenas today,” Schiff said in a statement.

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“Simply put, the Committee will no longer tolerate the obstruction and attempts to run out the clock by the Department,” Schiff added.

Democrats want Maher to testify Friday about why the whistleblower, Brian Murphy, was not granted access to classified records related to his complaint. 

Schiff also issued a subpoena to compel DHS to produce the records the panel is seeking by next Tuesday.

The subpoenas come after Schiff twice postponed scheduled depositions with Murphy, who was formerly the acting under secretary for the Office of Intelligence and Analysis.

Murphy’s legal team said it had not received access to documents related to his complaint, which detailed allegations that top department officials repeatedly sought to politicize intelligence to match President Trump’s public remarks, including about threats like Russian interference.

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Murphy alleges in his complaint that there was a pattern of misconduct in which top political appointees repeatedly pressed him to modify or alter intelligence on key issues.

Perhaps the most alarming allegation Murphy makes is his claim that acting Homeland Security Secretary Chad WolfChad WolfTrump administration preparing targeted ICE arrests in sanctuary cities: report Schiff subpoenas Homeland Security, charges ‘unlawful obstruction’ Schiff to subpoena top DHS official, alleges whistleblower deposition is being stonewalled MORE, under the direction of White House national security adviser Robert O’Brien, instructed him earlier this year to stop producing intelligence reports centered on Russian interference efforts and instead focus on the threats posed by China and Iran.

Murphy says he declined multiple orders to alter or modify intelligence products to help support the administration’s agenda, which he claims recently led to a retaliatory demotion.

DHS has denied any wrongdoing by Wolf, who has been formally nominated to serve as head of the agency. 

A DHS spokesman denied that the agency was stonewalling Schiff, instead chalking up his subpoenas to being “obvious political theater.”  

 

“The department has produced nearly 3,000 pages of documents and has provided two briefings and three transcribed interviews to date,” the spokesman said in a statement.

The spokesperson also claimed that Schiff is “apparently willing to risk national security” to push forward with his investigation ahead of the 2020 election.

The agency has argued that Murphy, in his current role in DHS’s management division, does not have the “need to know” to access the records he is seeking. They also have defended their efforts to get security clearances for Murphy’s lawyers, arguing that the vetting process takes time and rushing it will jeopardize national security.

Schiff revealed last week that he would move forward with a subpoena if the issues over access to records and Murphy’s lawyers were not resolved, alleging that DHS is stonewalling his committee by blocking Murphy’s deposition by preventing him from being able to properly prepare.

While the deposition was originally slated for Monday, the committee postponed it to Friday, before again postponing it. The new date of when Schiff’s panel is aiming to hear from Murphy is not yet clear.

Still, Democrats on the panel are eager to hear from Murphy, who will be able to discuss the underlying, classified details related to his allegations that could not be included in an unclassified submission to Congress.

This story was updated at 6:57 p.m.

Schumer won't meet with Trump's Supreme Court pick

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Senate Minority Leader Charles SchumerChuck SchumerDemocrats blast Trump after report reveals he avoided income taxes for 10 years: ‘Disgusting’ Biden refuses to say whether he would support expanding Supreme Court Schumer says Trump tweet shows court pick meant to kill off ObamaCare MORE (D-N.Y.) said on Tuesday that he will not meet with Judge Amy Coney Barrett, President TrumpDonald John TrumpCensus Bureau intends to wrap up count on Oct. 5 despite judge’s order Top House Republican calls for probe of source of NYT Trump tax documents New Yorkers report receiving ballots with wrong name, voter addresses MORE‘s third Supreme Court pick.  

“I am not going to meet with Judge Barrett. Why would I meet with a nominee of such an illegitimate process and one who is determined to get rid of the Affordable Care Act?” Schumer said in a tweet. 

 

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Democrats are weighing whether to meet with Barrett as she begins her Capitol Hill outreach on Tuesday, where she is scheduled to meet with several Republican senators including Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellTrump, GOP aim to complete reshaping of federal judiciary Supreme Court fight should drive Democrats and help Biden Harris on SCOTUS fight: Ginsburg’s legacy ‘at stake’ MORE (R-Ky.) and Senate Judiciary Committee Chairman Lindsey GrahamLindsey Olin GrahamSupreme Court fight should drive Democrats and help Biden Graham to meet with Trump’s Supreme Court pick on Tuesday Democratic super PAC launches .5M ad campaign against Graham MORE (R-S.C.). 

Two Democrats on the Judiciary Committee — Sens. Mazie HironoMazie Keiko HironoHarris says she hasn’t ‘made a plan one way or another’ on meeting Supreme Court nominee Hawley warns Schumer to steer clear of Catholic-based criticisms of Barrett Senate GOP set to vote on Trump’s Supreme Court pick before election MORE (D-Hawaii) and Richard Blumenthal (D-Conn.) — said over the weekend that they won’t meet with her. But Sen. Cory BookerCory Anthony BookerBooker says he will ask Amy Coney Barrett if she will recuse herself from presidential election-related cases Sunday shows preview: Lawmakers prepare for SCOTUS confirmation hearings before election The movement to reform animal agriculture has reached a tipping point MORE (D-N.J.) indicated on Sunday that he wanted to. 

“It’s my intention to do so … I’m going to make it very clear. One of the things I want to ask her is will she recuse herself in terms of any election issues that come before us, because if she does not recuse herself, I fear that the court will be further delegitimized,” Booker told “Meet the Press” when asked if he would meet with Barrett. 

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The meetings are not required but give senators a first shot at questioning the Supreme Court nominee ahead of a high-profile hearing.  

Trump announced on Saturday that he intended to nominate Barrett to replace the late Justice Ruth Bader GinsburgRuth Bader GinsburgHarris says she hasn’t ‘made a plan one way or another’ on meeting Supreme Court nominee Trump, GOP aim to complete reshaping of federal judiciary Compromise, yes — but how? A pre-debate suggestion MORE, setting up a weeks-long fight expected to dominate the final stretch of the campaign. 

Graham has said he will start hearings for Barrett on Oct. 12, with a committee vote expected on Oct. 22. That would pave the way for the full Senate to vote on Barrett’s confirmation before the Nov. 3 elections. 

Because nominees only need a simple majority to be confirmed, Republicans can seat Barrett on the court without support from Democrats. 

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UN: Americans’ Right to Protest is in Grave Danger Under Trump

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At least 19 U.S. states have introduced bills that attack the right to protest since Donald Trump’s election as president, an “alarming and undemocratic” trend, U.N. human rights investigators said this week.

Maina Kiai and David Kaye, independent U.N. experts on freedom of peaceful assembly and expression respectively, are calling on lawmakers in the United States to stop the “alarming” trend of “undemocratic” anti-protest bills designed to criminalize or impede the rights to freedom of peaceful assembly and expression.

“The trend also threatens to jeopardize one of the United States’ constitutional pillars: free speech,” they said in a statement, calling for action to reverse such legislation.

“From the Black Lives Matter movement, to the environmental and Native American movements in opposition to the Dakota Access oil pipeline, and the Women’s Marches, individuals and organizations across society have mobilized in peaceful protests, as it is their right under international human rights law and US law,” Kiai and Kaye said.

  • The Arizona State Senate in February to allow police to arrest anyone involved in a protest and seize their assets, treating demonstrators like organized criminals.
  • Portland, Oregon activists organizing against police killings of Black men, white nationalist politicians, and the countless systems of racism throughout our local, state, and federal governments by Department of Homeland Security.
  • In January, North Dakota Republicans proposed legislation if they are blocking roadways. (The legislation failed, for now.)
  • Missouri lawmakers want to to wear a robe, mask or disguise (remarkably, a hoodie would count) to a protest.
  • In Minnesota, following the police shooting death of Philando Castile, protests caused part of a highway to shut down. Then, at the beginning of the state legislative session, Minnesota legislators drafted bills that with heavy fines and prison time and would make protesters liable for the policing costs of an entire protest if they individually were convicted of unlawful assembly or public nuisance.
  • Republicans in Washington state have a plan to reclassify as a felony civil disobedience protests that are deemed “economic terrorism.”
  • Lawmakers in North Carolina want to make it a crime to lawmakers.
  • In Indiana, conservatives want to to remove activists from a roadway.
  • Colorado lawmakers are considering a in penalties for environmental protesters. Activists who tamper with oil or gas equipment could be, under the measure, face felony charges and be with up to 18 months behind bars and a fine of up to $100,000.
  • A before the Virginia state legislature would dramatically increase punishment for people who “unlawfully” assemble after “having been lawfully warned to disperse.” Those who do so could face a year in jail and a $2,500 fine.

The experts took particular issue with the characterization in some bills of protests being “unlawful” or “violent”.

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