From The President’s Desk
From The President’s Desk

Pres. Trump’s Pick for the Supreme Court:



JUDGE BRETT KAVANAUGH

Pres. Trump nominated Justice Anthony Kennedy’s former law clerk to fill his seat.

From The President’s Desk

Brett Kavanaugh: The Man

  • 53-year-old Catholic
  • Lead author of the “Starr Report”, which led to the impeachment of Pres. Bill Clinton
  • Part of the legal team that helped George W. Bush secure the White House in 2000
  • Met his wife at the White House one day before 9/11 when was associate counsel for Pres. Bush
  • Ran the Boston Marathon twice
From The President’s Desk

Kavanaugh: The Jurist

  • “Washington insider” with strong conservative credentials
  • Served as a judge for 12 years on the DC Circuit Court of Appeals
  • Authored over 300 opinions, including a ruling against the Affordable Care Act on the basis of religious liberty
  • Hired by Obama nominee & “liberal” Justice Elena Kagan to teach at Harvard Law School
From The President’s Desk

CRITICS

Good Example of What’s To Come

During the 2006 confirmation hearing following his appointment to the D.C. Circuit of Appeals, Sen. Schumer grilled Kavanaugh over his involvement in Pres. Clinton’s impeachment and his take on Roe v. Wade.

 

Watch It Here
From The President’s Desk

So Now What?

Republicans control the Senate by a 50-49 majority due to Sen. John McCain’s prolonged absence, limiting the impact of any efforts by the Democrats to thwart Trump’s nominee.

Click: SHN Refresher SCOTUS Process
From The President's Desk

Kavanaugh served as a law clerk for Justice Kennedy alongside Pres. Trump's 2017 Supreme Court nominee Neil Gorsuch. Justice Kennedy was appointed by a republican president (Reagan) but was the court's "swing" vote not wedded to one ideology.

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From The President’s Desk

Executive Order
“Keep Families Together”

The President takes action on immigration as lawmakers struggle to find compromise. But even as Pres. Trump signed the order, he predicted a legal battle ahead – a similar battle confronted by the Obama Admin.

From The President’s Desk

What We Know:

  • Trump’s exec order will not change “zero tolerance” policy – govt will charge all who cross the border illegally.
  • However, it ends separations by keeping families together in detention centers, run with the help of Dept of Defense.
  • It does leave room to separate children from family, but only if it’s in the child’s best interests.
From The President’s Desk

Legal Trouble Ahead?

  •  A 1997 court order & related decisions said immigrants under 18 cannot be detained for longer than 20 days.
  • Trump’s executive order is written ordering AG Sessions to go before a federal judge to “modify” this agreement to allow more time for “criminal proceedings.”
  • TBD what L.A.-based Federal Judge Dolly Gee will rule.
From The President’s Desk

Past As Precedent?

“A federal judge, Dolly M. Gee, scuttled the Obama team’s efforts to jail families together in 2015 when she ruled that doing so violated the agreement and said migrant children couldn’t be held more than 20 days.”

WSJ. Trump admin will face same legal issue as Obama admin, and same judge. Children held now an ave of 40-50 days before placed w/sponsor family..
From The President's Desk

The President's Executive Order doesn’t change the status of children already separated. That’s TBD.

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From The President’s Desk

Pres. Trump & Kim Jong Un Sign A Historic Blueprint for Peace

“The past does not have to define the future. Yesterday’s conflict does not have to be tomorrow’s war. And as history has proven over and over again, adversaries can indeed become friends…. Peace is always worth the effort…. Anyone can make war, but only the most courageous can make peace.”

 

From The President’s Desk

What It Says:

“Chairman Kim and I just signed a joint statement in which he reaffirmed his unwavering commitment to complete denuclearizaton of the Korean Peninsula. We also agreed to vigorous negotiations to implement the agreement as soon as possible. And he wants to do that.”

Pres. Trump said NK will begin destroying missile testing site soon.
From The President’s Desk

What It Doesn’t Say:

  • Pres. Trump did NOT agree to pull U.S. troops out of SK.
  • Pres. Trump did NOT agree to lift sanctions.
  • NK’s human rights violations discussed; NO promises made.

We will be stopping the war games … unless and until we see the future negotiation is not going along like it should.”

From The President’s Desk

“Our unprecedented meeting, the first between an American president and a leader of North Korea, proves that real change is indeed possible. My meeting with Chairman Kim was honest, direct and productive…. We’re prepared to start a new history and we’re ready to write new chapter between our two nations.”

Pres. Trump's remarks following Singapore Summit
From The President’s Desk

“I think without Otto, this would not have happened…. Otto did not die in vain. He had a lot to do with us being here today.”

In 2016, Otto Warmbier was a 21-year-old American student who was arrested in North Korea after he was accused of stealing a political (propoganda) poster and sentenced to 15 years of hard labor. When he was released by North Korea after nearly a year and a half in captivity, he was in a coma and died days later.
From The President's Desk

The joint statement signed by Pres. Trump & Kim Jong Un is short on details. Pres. Trump said there wasn't enough time, but that more will be worked out in the future, and admitted that "if you don't get the ball over the goal line, it doesn't mean enough." Read it here:

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From The President’s Desk

A RIGHT TO TRY

“… thousands of terminally ill Americans will finally have the help, the hope, and the fighting chance … that they will be cured, that they will be helped, that they’ll be able to be with their families for a long time.”

Pres. Trump at the May 30 signing of the 'Right to Try' bill, aimed at helping the 1M+ terminally ill patients who die each year access drugs pending final FDA approval.
From The President’s Desk

The ‘Right To Try’ Law

  • Allows terminally ill patients in the 12 states w/o a ‘Right to Try law’ to sidestep the FDA.
  • Now, patients can reach out to directly to drug manufacturers in order to participate in clinical trials & access experimental drugs.
  • Drug must pass FDA approval phase #1.
  • Eliminates existing FDA application requirements.
From The President’s Desk

Why Does This Matter?

Current State: FDA Trials

  • Extremely co$tly.
  • Multi-stage process lasts 3-7 years on average, but some take even longer.
  • On average, a new cancer drug spends 14 years being studied and undergoing clinical trials BEFORE it gets approved.
From The President’s Desk

Something To Consider

“Right to Try” does NOT guarantee ACCESS or AFFORDABILITY

  • Insurance companies are NOT required to cover experimental treatments.
  • Drug manufacturers are NOT mandated to undergo clinical trials OR provide experimental drugs OR produce large enough amt of drugs to ensure availability.

 

From The President's Desk

Under its Expanded Access (Compassionate Use) program, the FDA already authorizes over 99% of expanded access requests it receives. But for some, it's still not fast enough. Read more about the program here:

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From The President’s Desk

Military Spouse Appreciation Day

“Your love, resilience, and courage uplifts our heroes and, indeed, our nation. … America owes a debt of gratitude to our military spouses. We can never repay you for all that you do. …but we can & we will give you the opportunities you deserve.”

Pres. Trump at the May 9 Celebration of Military Mothers & Spouses Event
From The President’s Desk

America’s 690,000 military spouses (at least 90% of whom are women) face unique obstacles finding & keeping jobs due to:

  • rural base assignments
  • unpredictable schedules
  • limited childcare options
  • frequent moves (every 2-3 years on average)
  • occupational licensing regimes that vary by state
From The President’s Desk

As result of the employment difficulties they encounter, military spouses are LESS likely than their civilian counterparts to participate in the labor market.

The unemployment rate among military spouses is estimated to be AT LEAST 4X HIGHER than the national average, which was 3.9% in April.

From The President's Desk

On May 9, Pres. Trump signed an executive order addressing the labor market disadvantages facing military spouses and directing federal agencies to improve their military spouse employment & recruitment efforts.

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From The President’s Desk

“… flying back are three, what they were calling ‘hostages.’ We call them ‘fine people.’ Three really fine people.”

President Trump, May 9, 2018, speaking about the three American men released from prison in North Korea, ahead of what's expected to be a historic summit between the American and North Korean leaders.
From The President’s Desk

Released Hostages

  • Kim Dong Chul, South Korean-born U.S. citizen. Former VA resident. Convicted of espionage. Ran a trade/hotel company near North Korea’s border with Russia.
  • Kim Hak Song & Tony Kim both worked at Pyongyang University of Science and Technology, or PUST (privately funded university with $$ from Christian groups).
From The President’s Desk

Something To Consider:

“We are happy they’ve returned, but North Korea shouldn’t gain by taking Americans and then releasing them.”

Senator Chuck Schumer (D-NY) May 9, 2018 warning more Americans could be taken if that gives North Korea bargaining power.
From The President’s Desk

It represents something. It represents something very important to this country. People never thought a thing like this could happen and it can. People never thought you were going to have a situation where we’re having serious & positive communication with North Korea and we are. What happens? Who knows? We have a chance at something really great for the world.”

President Trump
From The President's Desk

Reminder: Otto Warmbier, an American student, the last American released from North Korea returned to the U.S. with severe brain damage and died days later. That was almost a year ago. See a list of other Americans held overseas:

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From The President’s Desk

“Attorney–client privilege is dead!”

President Trump via Twitter, April 10, 2018

Does the federal raid on Michael Cohen (Trump’s personal lawyer) signify the end of one of our nation’s most sacred legal principles?

From The President’s Desk

What is the Attorney-Client Privilege?

  • Allows a client to avoid testifying about, or otherwise disclosing, confidential communications with their lawyer relating to legal advice (ex: not financial advice).
  • Also means the attorney *usually* cannot be required to disclose.
  • Meant to encourage clients to communicate freely with their attorneys.
From The President’s Desk

Is the Attorney-Client Privilege Dead? Nope.

BOTTOM LINE: The attorney-client privilege is alive and well, as are its exceptions, including the crime-fraud exception.

The privilege does NOT apply to communications in furtherance of an ongoing or (intended) future crime or fraud.

From The President’s Desk

What does this mean for Cohen &/or Pres. Trump?

Cohen has not been charged with a crime & the raid is not proof of one.

The raid, which required multiple levels of authorization by high-level federal officials, IS proof that law enforcement authorities convinced a judge there was probable cause to believe the search would produce evidence of a particular crime.

From The President's Desk

NBC legal analyst Danny Cevallos says the fact the FBI opted to execute the raid on Cohen without notice, as opposed to allowing him to produce documents in response to a subpoena suggests something important. Read his article:

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From The President’s Desk

“THE SECOND AMENDMENT WILL NEVER BE REPEALED!”

President Trump via Twitter March 28, 2018

(But can it?)

From The President’s Desk

Why Now?

  • Pres. Trump reacting to a NYT op-ed by former Supreme Court Justice who said he supports the repeal the 2nd Amendment.
  • This fueled further fear by some Americans that gun confiscation and/or repeal of the 2nd  Amendment is the true intention of “gun control” movement.
Here's the Op-Ed
From The President’s Desk

2nd Amendment

There’s endless debate as to what the 2A *actually* means, how it should be applied today, and why it was included in the Bill of Rights, but here’s what it says:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

From The President’s Desk

Amendment Repeal 101
2 Possibilities: Both Tough

Option 1: Requires approval of a new by two-thirds of the House & Senate AND ratification (approval) by three-fourths of the 50 states.

Option 2: Requires two-thirds of states’ legislatures to hold Constitutional Convention where amendments must be approved by three-fourths of the 50 states.

From The President's Desk

In our nation's history, only ONE amendment has ever been repealed. In 1933, the 21st Amendment repealed the 18th Amendment, which prohibited the making, transportation and sale of alcohol, and put an end to Prohibition.

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From The President’s Desk

Hitting Close To Home

President Trump takes on Amazon.

More than 6 out of 10 American households have an Amazon “Prime” Membership.

But is this part of a bigger deal that no one is watching?

From The President’s Desk

“Only fools, or worse, are saying that our money losing Post Office makes money with Amazon. THEY LOSE A FORTUNE, and this will be changed. Also, our fully tax paying retailers are closing stores all over the country…not a level playing field!”

President Trump via Twitter, April 2, 2018
From The President’s Desk

Post Office Problem$

  • U.S. Postal Service (USPS) is bleeding money (lost $2.7B last yr, $63B since 2007), mostly due to pension & health care costs.
  • Pkg delivery a source of revenue, but not enough to cover losses.
  • USPS has “deal” with Amazon but we don’t know the specifics (USPS is independently operated and makes deals with retailers outside of gov’t oversight).
From The President’s Desk

“I have stated my concerns with Amazon long before the Election. Unlike others, they pay little or no taxes to state & local governments, use our Postal System as their Delivery Boy (causing tremendous loss to the U.S.), and are putting many thousands of retailers out of business!”

President Trump via Twitter, March 29, 2018
From The President’s Desk

Fact Check:
Is Amazon A Tax Cheat?

  • One of largest U.S. companies, but pays nearly $0 in fed’l taxes (by using tax breaks & credits)
  • Amazon paid $957M in income taxes in 2017.
  • Amazon *used* to not collect sales tax (arguably hurting state/local govt), but has since ’17.
  • Amazon uses USPS to deliver pkgs because it’s cheaper. Period.
From The President's Desk

Fox Business Anchor & Harvard Business School Grad, Melissa Francis, says the tweets on Amazon are all part of the President's plan to negotiate Amazon DOWN on a completely separate government contract. She says this is a pattern...

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From The President’s Desk

Gov’t Shutdown Looms

Lingering Battle Over Immigration

“The Democrats do not want to help DACA. Would be so easy to make a deal!”

President Trump, Twitter, March 19, 2018 8:38 pm est.
From The President’s Desk

Refresher: DACA

  • Deferred Action For Childhood Arrivals.
  • DACA status can be granted to those who came into America illegally as children – essentially “defers” illegal status & allows eligibility for work permits.
  • Pres. Trump: Offered citizenship for DACA recipients in State of the Union speech as part of broader immigration reform.
From The President’s Desk

What’s The Drama?

  • White House: Wants $$ for border wall (a campaign promise) A.S.A.P – $$ must come from Congress. Hence, back-and-forth now ahead of spending bill.
  • Report: Dems want more illegal immigrants eligible for a pathway to citizenship – a non-starter for GOP who didn’t like Trump’s offer of citizenship for DACA recipients to begin with.
From The President’s Desk

Big Picture

  • Immigration Reform *could* be part of broader $pending bill to fund govt through September but it can also be separate. It’s NOT a need – but a want – for some.
  • Congress has until Friday night to pass a spending bill or the gov’t shuts down – for the 3rd time this year.
  • Potentially last big legislative fight before mid-term elections in Nov.
From The President's Desk

Immigration reform isn't the only issue of debate. P.S. In 1977, the government shut down 3x under President Carter. in 2018, the government has shut down 2x. Let's see if we make the history books:

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From The President’s Desk

U.S. Sanctions Russia
For “Nefarious Attacks”

White House announces new sanctions against Russia – the FIRST for meddling in the 2016 elections.

But *also* a long list of other Russian “mischief” every American should know about.

From The President’s Desk

“The Administration is confronting and countering malign Russian cyber activity, including their attempted interference in U.S. elections, destructive cyber-attacks, and intrusions targeting critical infrastructure.”

Treasury Secretary Steven Mnuchin, Press Release Mar. 15, 2018
From The President’s Desk

What You Need To Know:
New Sanctions

Who: Targets 5 Russian “entities” & 19 Russian individuals.

Why: Not only meddling in our elections but major cyber attacks targeting everything from American ground, water & sky — our power grid, manufacturing facilities, aviation systems & even our nuclear power plants.

From The President’s Desk

Timing Matters

  • Wednesday: Prime Minister of UK, Theresa May, blames Russia for using a nerve agent to poison 2 UK citizens – a former Russian spy & his daughter – who survived but remain in critical condition. This nerve agent is an illegal chemical weapon.
  • This Weekend: Russian Presidential Election; Vladimir Putin expected to win.
From The President’s Desk

“This use of a military-grade nerve agent, of a type developed by Russia, constitutes the first offensive use of a nerve agent in Europe since the Second World War.”

Joint Statement: France, Germany, the United States and the United Kingdom
View Statement
From The President’s Desk

Sanctions Also Address:
“NotPeya Attack”

  • WH: “most destructive & costly cyberattack in history” (happened in 2017)
  • $$: Billions in damage worldwide.
  • Disrupted shipping, trade & production of medicines.
  • Several hospitals in U.S. unable to create electronic records.
  • Attributed to Russia military.
From The President’s Desk

What Do Sanctions Really Do?

 “All property and interests in property of the designated persons subject to U.S. jurisdiction are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.”
U.S. Treasury Department

From The President’s Desk

“The Americans have no grounds for introducing new sanctions. We have moved to prepare our own measures in response.”

Russian Deputy Foreign Minister Sergei Ryabkov, interview with Interfax News Agency quoted in Wall Street Journal, Mar 15, 2018
From The President's Desk

Are sanctions effective? It's debatable. Some say this move by WH is "symbolic" but important. Others say it's not enough. We thought an article by "Wired" provides interesting perspective. Read on:

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From The President’s Desk

President Blocks Biggest Tech Deal

Executive order prohibits Singapore-based Broadcom’s $117B takeover of U.S. chipmaker Qualcomm.

President Trump: “credible evidence” deal is a “national security threat.”

From The President’s Desk

How Rare Is This?

Only the 5th time in 25 years Prez stopped a foreign takeover of a U.S. firm on national security grounds.

In Sept., Pres. Trump blocked a Chinese co. taking over U.S. based chipmaker Lattice Semiconductor.

In 2016, Pres. Obama blocked another Chinese co. takeover of chipmaker with ties to U.S.

From The President’s Desk

Why They Want Our Tech

  • Global race for any competitive advantage over the next generation of ultrafast wireless networks known as “5G.”
  • Underscores growing fears of cyberwar & espionage from foreign powers.

 

 

Need a refresher? Click for last week's scoop.
From The President’s Desk

Acronym to Know: CFIUS
(Pronounced: SIF-ee-us)

  • Stands for: Committee on Foreign Investment in the US
  • What it really means: Sheriff of Dealtown
  • What it does: Decides whether takeovers of U.S. businesses by foreign companies pose a national security threat
  • CFIUS warned on Broadcom’s takeover last week
From The President's Desk
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