The General Services Administration (GSA) may have improperly turned over documents, including private and privileged documents, from the Trump transition team to Special Counsel Robert Mueller. RNLA member Kory Langhofer, counsel to Trump for America (TFA), the 501(c)(4) organization that supported the Trump Presidential transition, wrote:
To inform the Committees of unlawful conduct that undermines the Presidential Transition Act
of 1963, as amended, and will impair the ability of future presidential transition teams to
candidly discuss policy and internal matters that benefit the country as a whole. More
specifically, we write to inform you that (a) career staff at the General Services Administration
(“GSA”) have unlawfully produced TFA’s private materials, including privileged
communications, to the Special Counsel’s Office; and (b) although the Special Counsel’s Office
was aware that the GSA did not own or control the records in question, the Special Counsel’s
Office has extensively used the materials in question, including portions that are susceptible to
claims of privilege, and without notifying TFA or taking customary precautions to protect TFA’s
rights and privileges; and
To request that Congress act immediately to protect future presidential transitions from having
their private records misappropriated by government agencies, particularly in the context of
sensitive investigations intersecting with political motives.
Mr. Langhofer's letter details the various ways in which the GSA improperly reviewed and disclosed presidential transition team records and the improper ways in which they have been reviewed and used by the Special Counsel. He notes that TFA only became aware of the improper disclosure last week. Mr. Langhofer also makes a number of recommendations for statutory changes that would prevent such situations in the future and protect future presidential transition teams' confidentiality and privilege.
The House Oversight Committee is taking the letter under advisement regarding whether Congress should act to protect presidential transitions' records, but stated that the improprieties described in the letter would fall under the purview of a court, not Congress. The Senate Committee on Homeland Security and Government Affairs, however, sent a letter to the GSA on Tuesday requesting a number of documents by January and noting (footnotes omitted; emphasis added):
According to the allegations received by the Committee, the GSA's General Counsel's office provided records owned by TFA to the Special Counsel's Office without the consent of or notice to TFA. The GSA's General Counsel's office allegedly provided these records without the execution of a search warrant or a subpoena; instead, it produced the material voluntarily in response to a request letter. In defending these actions, GSA's Deputy General Counsel Lenny Loewentritt suggested that GSA maintained a degree of control over the records, stating that transition team members entered into agreements acknowledging possible GSA "monitoring and auditing of devices." The GSA General Counsel's office allegedly did not review the material for privilege or relevancy before providing records to the Special Counsel's Office. In addition, according to the allegations, the Special Counsel's Office failed to implement methods--such as "taint teams" or "ethics walls"--to protect any privileged material. . . .
GSA's alleged actions could have serious ramifications for presidential transitions in the future. An incoming administration must be ready to govern on day one. Any threat to the close coordination between the transition and outgoing administration could create vulnerabilities to governance, readiness, and national security. In minimizing vulnerabilities caused by a transition, the Justice Department has advised "afford[ing] the confidentiality necessary for candid and effective/transition team communications." The allegations received by the Committee--namely that GSA turned over TFA privileged material, and that material later became public--could discourage future transitions from trusting GSA to secure its confidential information.
If the allegations in Mr. Langhofer's letter are true, the disclosure of the documents by GSA without any relevancy or privilege review is an astounding breach of the Trump transition's rights of confidentiality. We will monitor this story for further developments.
Here are the real reasons for all the charges of racism, irrelevant liberal talking points, and grandstanding during Sen. Jeff Sessions' confirmation hearings last week:
Why does the Left find Sessions so objectionable? Because he actually believes in the rule of law and abiding by the Constitution, and he would apply the laws to everyone equally — a notion that some on the Left reject when it comes to applying those laws to groups whom they favor. They would far prefer judges and attorneys to suspend equal application of the law in favor of applying the law on the basis of identity politics.
Despite Sessions’ almost certain confirmation, progressive politicians felt they had to provide political theater for their supporters and allies, because their supporters want them to oppose everything the Trump administration proposes and everyone the Trump administration wants to bring in. They complied with these wishes by arranging a mini-parade of “witnesses” to denounce Sessions as a racist hostile to women, minorities, gays, and immigrants (as Sen. Cory Booker did to his everlasting shame).
I believe there was a second motivation behind this grotesque display: The Left wanted to make Sessions’ hearing as unpleasant as possible, to send a message to the hundreds of other prospective appointees looking to staff the middle levels of the executive branch.
The vast majority of those positions, while they require presidential appointment, do not require Senate confirmation. And it is at this level where most of the actual work gets done within agencies.
The success of the Trump administration will hinge on the ability of mid-level political appointees to adhere to conservative principles and implement public policy based on those principles: smaller, more efficient government; commitment to the rule of law and the constitutional limits on the power of the federal government; respect for local sovereignty and our federal system; and rejection of the identity politics that threaten to permanently divide us as a nation.
It is vitally important that courageous Americans, especially attorneys, who value the rule of law and the Constitution, apply to serve in the Trump Administration to help Attorney General Sessions and other new leaders roll back the federal overreach of the Obama Administration. Liberals and Democrats have not lost sight of future elections and those who will wield the power to implement the policies of President Trump and his cabinet.
Newly anointed Senate Minority Leader Chuck Schumer insists that the rules of the confirmation process are different for President-elect Trump's nominees than they were for President Obama's nominees:
According to reports, Schumer is demanding that hearings for multiple nominees not be held on the same day, severely limiting the ability of committees to have nominees confirmed by inauguration on January 20.
Schumer is also demanding “reams of personal financial data” from Trump’s nominees. It’s quite a change in approach and tone for Schumer, who in 2009 insisted that then-Treasury Secretary nominee Tim Geithner be confirmed “as quickly as possible,” despite Geithner openly admitting to not paying his full taxes while working at the International Monetary Fund from 2001-2004.
Apparently unconcerned by the appearance of partisan politics, Schumer’s disinterest in scrutinizing Democratic nominees in 2009 matches closely with his insistence on dragging out the nomination process, potentially into March 2017, for Republicans this time around.
Here are three reasons Democrats gave for needing speedy confirmation of President Obama's nominees:
1. “As Quickly as We Possibly Could” During previous confirmation processes under President Obama, Democrats were eager to point out that “we have always had the tradition of moving these nominees as quickly as we possibly could,” as Sen. Dianne Feinstein (D-CA) said in 2015 about Loretta Lynch.
2. “For the Good of the American People” Democrats in 2008 couched their insistence on a swift confirmation process as something “for the good of the American people,” as Sen. Pat Leahy (D-VT) did regarding Department of Justice nominees. Leahy insisted on getting nominees in place “before the inauguration.”
3. “Prior to the President Actually Taking Office” Former Sen. Chris Dodd (D-CT) praised the idea of holding hearings “prior to the president actually taking office,” which he argued was important in allowing an administration “to get up and moving as quickly as possible.”
All of those reasons could apply to 2017 and President Trump's new administration as well, but Democrats have experienced a change of heart with the new administration and will drag out the process as long as possible. They have once again failed to learn one of the lessons of 2016: the American people are tired of obstructionism in Washington and have demanded new leadership.
The RNLA released a statement today strongly supporting the selection of Sen. Jeff Sessions as President-elect Trump's nominee for Attorney General:
The Attorney General serves as the chief law enforcement official for the federal government, leads
the Department of Justice, and represents the United States in important legal matters. It is vital that
the Attorney General be both a talented administrator and an excellent lawyer with immense respect
for the rule of law.
Senator Sessions is uniquely qualified to serve as Attorney General. He has served as a U.S.
Attorney, as Attorney General of Alabama, and as longtime Senator from Alabama. As Attorney
General, Sen. Sessions will re-introduce commitment to the rule of law and equal application of the
law to the Department of Justice, which has become highly politicized over the past eight years. His
experience in the Senate and in state government gives him a deep understanding of federalism and
the separation of powers.
"Senator Jeff Sessions is a committed conservative, skilled lawyer, and proven leader who will be an
outstanding Attorney General of the United States. To underscore President-elect Trump's
comments, Senator Sessions has a 'world-class legal mind.' He upholds the Constitution and will
faithfully and fairly enforce our laws and ensure a fair and even-handed administration of justice," said
Kimberly Reed, Co-Chair of RNLA.
We applaud President-elect Trump for his excellent selection and look forward to the Department of Justice being led by Attorney General Sessions.
The RNLA congratulates U.S. Senator Jeff Sessions (R-Alabama) on being offered the position of Attorney General for the incoming Trump Administration. Senator Sessions will need to be confirmed by the U.S. Senate before he can be sworn in as the next Attorney General.
In a statement, [President-Elect] Trump called Sessions one of his most trusted campaign advisers and cited his “world-class legal mind.”…“Jeff is greatly admired by legal scholars and virtually everyone who knows him,” Trump said.
Sessions served as a U.S. Attorney for the Southern District of Alabama and as Alabama’s attorney general. In a statement, he said there was “no greater honor” than to lead the Justice Department.
“I will give all my strength to advance the Department’s highest ideals,” [Senator Sessions] said. “I enthusiastically embrace President-elect Trump’s vision for ‘one America,’ and his commitment to equal justice under law. I look forward to fulfilling my duties with an unwavering dedication to fairness and impartiality.”
Judiciary Committee Chairman Charles E. Grassley (R-Iowa) called Sessions a respected member who “has worked across the aisle on major legislation. He knows the Justice Department as a former U.S. attorney, which would serve him very well in this position. With this background, I’m confident he would be reported favorably out of the committee.”
Senator Sessions is an excellent leadership choice by President-Elect Trump. Senator Sessions was the 2010 recipient of the RNLA’s Ed Meese Award. The Ed Meese Award, named after the 75th United States Attorney General, is given to those that have upheld the rule of law in the face of adverse political challenges. For more about Senator Sessions and his background, please see his biography on the Trump Presidential Transition website.
President-Elect Donald Trump has selected the following impressive attorneys to be part of his Presidential Transition Team Executive Committee:
- Chairman of the Presidential Transition Team: Mike Pence, Indiana Governor and Vice President-Elect;
- Vice Chair: Chris Christie, New Jersey Governor;
- Vice Chair: Rudy Giuliani, Former New York City Mayor;
- Vice Chair: Jeff Sessions, U.S. Senator from Alabama;
- Pam Bondi, Florida Attorney General;
- Jared Kushner, Businessman;
- Tom Marino, U.S. Representative from Pennsylvania;
- Reince Priebus, RNC Chairman and incoming White House Chief of Staff;
- Anthony Scaramucci, Entrepreneur; and
- Peter Thiel, Entrepreneur.
President-Elect Trump is relying on the legal, business, and political expertise of these attorneys to "put together the most highly qualified group of successful leaders who will be able to implement our change agenda in Washington. Together, we will begin the urgent task of rebuilding this nation - specifically jobs, security and opportunity." We look forward to watching these legal leaders work with President-Elect Trump to create a government that will respect the rule of law and the proper role of government.
