Tag: national security
Trump Judge Orders White House To Reinstate CNN, MSNOW And Politico

Trump Judge Orders White House To Reinstate CNN, MSNOW And Politico

After an early morning fire drill—when the administration, incredibly, failed to comply with Judge Timothy J. Kelly’s order to immediately restore the White House hard passes of reporters for CNN, MS NOW, and Politico—the reporters that Trump had ousted have now had their access restored.

The final back-and-forth may recede from prominence, but it was breathtakingly unprofessional, if not contemptuous, that after Kelly’s order, the reporters showed up at the White House only to again be turned away.

The Department explained its failure to follow the order with a bland statement to the court, giving a chronology that included restored access as of eight minutes after the media’s emergency motion. The belated and shoddy compliance means that Kelly needn’t consider, at least for now, a civil contempt finding against the administration. In light of the Department’s representations, the judge issued a brief order denying the request for an emergency hearing but inviting the plaintiffs to brief him about any further instances of noncompliance.

That returns the focus to the opinion itself and what it augurs in the event that the administration chooses unwisely to violate the rule of holes and keep trying to selectively bar members of the media, while digging itself ever deeper.

It was no surprise that Judge Kelly on Thursday ordered the Trump administration to immediately restore the journalists’ White House hard passes. Kelly, who reinstated Jim Acosta’s pass in 2018, rested his restraining order on due process grounds. It was the path of least resistance, because binding D.C. Circuit precedent requires the White House to give reporters notice and a chance to be heard before it pulls a hard pass. Trump gave them neither—“not a semblance of due process,” as the outlets’ lawyer, Ted Boutrous, put it.

The administration had essentially no answer to the precedent point. It could only argue that the cases were wrongly decided. Kelly, a Trump appointee, served up a door-slamming reply: “Maybe—but this Court is bound by D.C. Circuit precedent, full stop”

Putting the ruling on due process grounds meant that Kelly didn’t need to address the outlets’ First Amendment claims, at least for now. But his ruling was assured and emphatic. Kelly also refused the government’s request to stay his order, which runs 14 days while the parties brief a preliminary injunction.

The government didn’t dispute that the reporters got no notice beforehand. Instead, it played a familiar but, in this case, very weak hand, waving the mantra of national security. The Justice Department argued that the outlets’ reporting created an “extraordinary” circumstance that excused the White House from giving any process up front.

To make the case, it produced letters, sent four days after the ban, accusing the outlets of reporting that “threatened national security and/or spread falsehoods,” along with declarations from two Pentagon officials.

The letters were beside the point on both the due process claim and the retaliation and viewpoint discrimination claims. That’s because it was Trump’s decision under review—not the after-the-fact musings of officials who had nothing to do with it about how it might have implicated national security. As I wrote yesterday, Trump made it very easy for CNN, MS NOW and Politico by leaving no doubt that he acted because he didn’t like what they wrote.

In fact, a particularly foreboding part of the opinion for the administration was Kelly’s finding that “nothing in the record that predates this suit suggests that the revocation of Plaintiffs’ hard passes was motivated by national security concerns.” That’s a polite way of saying the administration was feeding him a load of hooey. Boutrous put it more plainly still, telling Kelly the letters “completely do not reflect what the president himself has said.”

Kelly went on to find no factual support for the claim that pulling the passes would protect national security. The government offered “no declarations or other support—classified or unclassified—explaining how any of the reporting they identified in their letters to Plaintiffs damaged the national security.”

As it has done in the past, the Department trotted out two declarants to try to make a case for national security. Kelly shot it down, noting that the declarants “have no direct knowledge of how reporters operate in the White House, or about any of the facts at issue here.” In most cases, he wrote, the reporters who wrote the stories cited in the White House letters “did not even hold hard passes,” And the White House had renewed CNN reporter Betsy Klein’s pass months after she published some of the very reporting it now cites.

Significantly, Kelly reached this bottom line while reciting the administration’s beloved principle that courts owe the executive’s national security judgments “highly deferential” review. The problem is that the administration supplied nothing to defer to. Deference attaches to a national security judgment the executive actually made, and by Trump’s own account, he made none.

The same goes for the outlets’ First Amendment claim of viewpoint discrimination, which is the more serious charge and the one that best captures the perniciousness of Trump’s conduct. Kelly didn’t have to reach it, because the due process violation was so straightforward. But the claim will be waiting in the preliminary injunction round, and it is every bit as strong.

Continuing his series of superlatives—but absolutely justified ones—Boutrous called the suit “probably the clearest case in history” of viewpoint discrimination. And it’s hard to imagine a cleaner one. Trump himself made the decision and broadcast his reasoning for it. No amount of government obfuscation can get around those conclusive points.

“He keeps proving our point,” Boutrous told Kelly. “He’s really our lead witness here.

Indeed.

Trump vowed Monday to appeal any ruling against him, in the process signaling that he knew he was going to lose. Temporary restraining orders generally aren’t appealable, as Kelly noted, though the administration can try to argue that the order already functions as a preliminary injunction—which is why it asked Kelly to convert it into one in the first place. However that plays out, if the case advances, the viewpoint discrimination claim and Trump’s own words will be waiting.

He’d be wise to fold (and if he does, expect him to somehow spin it as a win). The television networks suspended pool coverage in solidarity, and for the first time in more than a decade, Trump found himself without the cameras that have recorded nearly his every move. On Monday, he cut the ribbon on his new helipad before a lone second-tier camera that couldn’t pick up his voice over the roar of Marine One. In fact, an important collateral benefit of the whole episode is that the members of the press pool have banded together, having absorbed the lesson that collective resistance is the best way to beat a tyrant.

For Trump, there’s an equally clear lesson: Even a president may not punish a news outlet because he doesn’t like what it writes. Especially a president. As Justice Robert Jackson famously wrote more than 80 years ago, “no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.”

Trump being Trump, the lesson will go unlearned. And we always have to anticipate the prospect that a feckless and reflexively defiant White House will inject heart attacks into the legal system as it did this morning. But if the media hangs tough and the courts stay faithful to the law, we can continue to ride out the storm.

Harry Litman is a former United States Attorney and the executive producer and host of the Talking Feds podcast. He has taught law at UCLA, Berkeley, and Georgetown and served as a deputy assistant attorney general in the Clinton Administration. Please consider subscribing to Talking Feds on Substack.

Tulsi Gabbard

How Did Tulsi Gabbard Damage National Security? And Why Is Trump Protecting Her?

It's been eight months since an intelligence official came forward with serious allegations against Tulsi Gabbard. That seems like a very long time to sit on something that reportedly represents a "grave threat" to the nation.

But that report has literally been locked away where no one can see it. Because Trump needs Gabbard. She’s heading the operation to discredit the midterm elections.

Finding the most terrible, noxious, execrable official in the Donald Trump White House is a difficult challenge. Is it the guy who took a $50,000 bribe. from FBI agents, or the one who is systematically destroying public health? What about the woman who can always find a justification for murder, whether it's puppies or people? Or maybe ... Okay, it's Stephen Miller. We all know it's Stephen Miller.

But when it comes to sheer insane-in-the-membrane loopiness, there's one Trump cabinet member who can beat even the guy with the brainworm. Or the worm. Because America's Director of National Intelligence (and it still seems incredible to say this even after a year) is Tulsi Gabbard.

According to The Wall Street Journal, Gabbard has done something so irretrievably bad that, even compared to the other outrages of this administration, it seems … really bad.

A U.S. intelligence official has alleged wrongdoing by Director of National Intelligence Tulsi Gabbard in a whistleblower complaint that is so highly classified it has sparked months of wrangling over how to share it with Congress, according to U.S. officials and others familiar with the matter.

What is the whistleblower alleging? We don't know. However, we do know that it supposedly:

  • Represents a "grave threat to national security"
  • Implicates at least one other department in the administration
  • Involves claims of executive privilege

Considering Gabbard's personal relationship with Vladimir Putin, her willingness to spread Kremlin propaganda, and her dismissal of Russia experts at the CIA, it's not hard to guess that this might have something to do with Moscow. The executive privilege aspect lets us guess that it directly involves Trump.

But we shouldn't have to guess. It's been eight months since this intelligence official came forward with serious allegations of wrongdoing.

Eight months. And still, no one in Congress has been briefed, and no hearings have been held. That seems like a very long time to sit on something that represents a "grave threat" to the nation.

Who is responsible for this intolerable delay? That's also Gabbard. Rather than send the allegations onward, as the whistleblower law requires, she's taken a somewhat different action. That includes unilaterally deciding that no one in Congress has the necessary security to look at the charges against her. And she has taken another action that's even less subtle.

A cloak-and-dagger mystery reminiscent of a John le Carré novel is swirling around the complaint, which is said to be locked in a safe. Disclosure of its contents could cause “grave damage to national security,” one official said.

Emphasis added. Emphatically.

Aides to Gabbard are complaining about the WSJ article, saying that the whistleblower was "politically motivated" and had "weaponized their position" at the agency. Which sounds like exactly the sort of thing that Congress is supposed to evaluate when a whistleblower report is delivered. As required. By the law.

Also, since the purpose of the Whistleblower Protection Act is to ensure that those who want to bring a serious matter to the attention of Congress can do so without being persecuted for speaking up, it seems more than a little off for Gabbard's aides to be attacking the whistleblower before anyone has even seen the information.

However, this isn't the only WTF Tulsi Gabbard? issue in the news this week. There's also Gabbard's appearance at the FBI seizure of ballots in Fulton County, Georgia.

Trump on Thursday night praised Gabbard for “working very hard to try to keep the election safe” when asked by CNN why she was present during the search. “You’ll see some interesting things happening,” Trump said. “They’ve been trying to get there for a long time.”

The New York Times reports that Gabbard met with FBI agents again following the raid on the election office.

They could not say why Ms. Gabbard, who also appeared on site at the search, was there, but her continued presence has raised eyebrows given that her role overseeing the nation’s intelligence agencies does not include on-site involvement in criminal investigative work.

Gabbard then called Trump from the meeting, and he also talked directly with FBI agents. All of this is counter to claims by Deputy Attorney General Todd Blanche, who told reporters over the weekend that Trump had no involvement in the search.

If there's anyone Trump can count on to spin fantasies about problems with ballots that have already been examined repeatedly, it's Gabbard. In addition to being "historically unfit" to serve as DNI, she made her MAGA bones popping in at Fox News to shore up the wildest claims about the 2020 election. In fact, Gabbard was also there in 2016, making some of the same claims then that she would repeat in the following cycle.

Her involvement as Director of National Security in an election issue may be unprecedented, but as far as Trump is concerned, the most pressing issue in national security is bolstering his debunked claims about a vote that took place six years ago. And that's exactly what he's getting from Gabbard.

Gabbard has been “less visible” than colleagues on big foreign policy issues like Venezuela and Iran, said Jeet Heer at The Nation. But she has “made herself useful” to Trump as the administration’s “driving force” to vindicate his 2020 conspiracy theories.

Gabbard isn't performing the legal role of a DNI in terms of evaluating intelligence and coordinating a response to threats. Instead, she's leading Trump's efforts to exhume every false claim he's made over the last six years and create a unified narrative of election vulnerability.

Gabbard said in a letter to Congress that Trump personally asked her to be on site as federal agents executed the search warrant on an elections office in Fulton County, Georgia. The incident has raised serious questions about election security and federal authority. https://to.pbs.org/4c9BckN

[image or embed]
— PBS News (@pbsnews.org) February 3, 2026 at 9:17 PM
Many are measured and sensible, but others seem like the stuff of authoritarian regimes: giving the president the power to take over domestic communications, seize Americans’ bank accounts, and deploy U.S. troops to any foreign country.

Trump may not be able to stop the elections, but he can declare a national emergency and station masked stormtroopers outside critical polling stations. He can make every effort to undermine the nation's faith in the election, to make voting seem both pointless and dangerous, and declare that the system of state-run elections is corrupt. The Georgia search and Gabbard’s involvement is happening at the same time that Trump is calling on Republicans to “nationalize elections” and take control away from states.

Uncovering "evidence" to support his false claims about the 2020 election, backed by Gabbard and trumpeted by congressional clowns like the ever-willing Rep. James Comer (R-KY), would provide an excellent smokescreen for Trump's next attempted coup.

Which is why that safe containing the whistleblower's warning isn't likely to open any time soon.

Reprinted with permission from Daily Kos

Mike Waltz

Trump's Failed National Security Adviser Gets UN Consolation Post

Hours after nearly every major news outlet reported that national security adviser Mike Waltz was the first big casualty of the Trump administration, President Donald Trump announced that—surprise!—he’s nominating Waltz to be ambassador to the United Nations.

“I am pleased to announce that I will be nominating Mike Waltz to be the next United States Ambassador to the United Nations,” Trump wrote in a post on Truth Social. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our Nation’s Interests first. I know he will do the same in his new role.”

The U.N. ambassador role requires Senate confirmation, so Waltz—who is responsible for inadvertently adding a journalist to an unsecured group chat in which top Trump administration officials shared highly secret attack plans—will have to publicly defend his egregious mistakes as national security adviser.

This will also put Republican senators on the record about whether they’ll support someone who so carelessly jeopardized national security. And it will allow Democrats to highlight the “Signalgate” scandal, giving them an easy way to attack the Trump administration.

It’s hard to see how voters will approve of this switcheroo, either.

A Civiqs poll conducted for Daily Kos found that voters wanted accountability for the group-chat snafu—not a promotion for one of the people involved in it.

The poll found that 51 percent of registered voters wanted the person who was responsible for sharing classified information to be fired, with another 24 percent saying that person should face disciplinary action. Just 17 percent of voters said there should be no consequences for the scandal.

Getting a promotion to be U.N. ambassador—which comes with a sick residence on the Upper East Side of Manhattan—doesn’t sound like accountability.

As for who will serve as Trump’s next national security adviser, the president announced that Secretary of State Marco Rubio will take on the role.

“Secretary of State Marco Rubio will serve as National Security Advisor, while continuing his strong leadership at the State Department,” Trump wrote in the Truth Social post. “Together, we will continue to fight tirelessly to Make America, and the World, SAFE AGAIN. Thank you for your attention to this matter!”

It’s unclear how Rubio will be Trump’s main adviser on national security as well as the country’s top diplomat, the acting archivist of the United States, and the acting head of the United States Agency for International Development, an organization the Trump administration is trying to shut down.

But amid all of this, the maddest person must be Rep. Elise Stefanik, Republican of New York, who Trump initially nominated as U.N. ambassador before pulling her nomination because he feared Republicans would lose her seat in Congress.

Stefanik remains in the House without her top House leadership role and without the sweet mansion in New York.

Sad!

Reprinted with permission from Daily Kos.

Donald Trump Has A Family Policy -- Now Stop Laughing!

Donald Trump Has A Family Policy -- Now Stop Laughing!

The animating beliefs of this administration range from dangerously wrong to head-spinningly crazy. Tariffs are in the first tranche, along with the myth that NATO has been ripping off the United States for decades, that immigrants commit more crimes than native-born Americans and that "He who saves his country commits no crime" (just to name four). The beliefs that vaccines cause autism, that fluoridated water is a public health threat, that threatening allies and neighbors enhances national security, and that taxing foreign holders of Treasuries would be a good way to solve the (nonexistent) problem of trade deficits belong in the second tranche.

The Trump administration marries insane ideas to gross, bullying tactics. But even when this administration stumbles upon an idea that is not deranged, illegal or immoral, it has the capacity to do great harm. I'm thinking of the reported plans to encourage marriage and motherhood. The administration is considering proposals to award mothers $5,000 "baby bonuses," to reserve 30 percent of Fulbright scholarships to parents, to reduce the costs of IVF (not clear how) and to fund programs to educate women about ovulation cycles (I kid you not).

I've been promoting marriage for decades, not as part of a religious agenda but as the result of studying the social science literature demonstrating that marriage makes adults happier than non-marriage and that stable, two-parent homes are the very best environment for raising children, building thriving neighborhoods and reducing crime, homelessness and substance abuse.

The Trump administration cannot adopt this message without turning it rancid. If you hope to persuade people, you must start by showing good faith — that your intentions for them are good. This crowd has displayed open contempt for women — at least those women who vote for the other party or otherwise assert their individuality. In light of the president's apparent requirement that any nominee for a major cabinet role have at least one serious accusation of sexual misconduct, the vice president's sneers about "childless cat ladies" seem mild. Matt Gaetz, Robert F. Kennedy Jr., Pete Hegseth, and Linda McMahon all trailed accusations that would have been disqualifying in any other administration. (Only Gaetz was undone.)

But then, the thrice-married, adulterous president himself has been found legally liable for sexual assault in the E. Jean Carroll case and has been accused of similar behavior half a dozen or more times by other women. What that may mean is that Trump must convince himself and others that accusations of sexual misconduct are always and everywhere "fake news." Also, he just doesn't give a damn. Trump has endorsed and campaigned with sexual predators ranging from Roy Moore to Herschel Walker, and one of his first acts as president in the second term was to effectuate the release of Andrew and Tristan Tate from custody in Romania on rape and human trafficking charges. (So they can effectuate releases from foreign countries.)

The Trump crowd's approach to fertility is not the joy of parenthood or the warmth of close families. It's more like the "great replacement" theory made flesh. As Elon Musk admits, he wants a "legion" of offspring "before the apocalypse" and is creating a harem to achieve it. He has been married but is also father to at least 14 children by four different women and willing to outsource his semen upon request. "No romance or anything," he explained to one baby mama, "just sperm."

It's remarkable to consider that Musk is a pin-up for the GOP these days. I well remember the party of "family values." Musk is the most famous progenitor of illegitimacy in the world. (William Bennett, call your office.)

The Trump crowd worries about America's declining fertility rate and yet treats immigration as a mortal threat.

You don't convince women in a free country to have more babies for the sake of the fatherland. If you want to encourage family formation and increase the birth rate, you can't treat women as breeder mares. It helps to model good behavior. That includes being good husbands who don't cheat on their wives, good fathers who actually live with their kids, and good parents who don't commit or condone adultery.

Baby bonuses have been tried in other countries with poor results. Hungary, Singapore, South Korea, and Russia have all adopted policies to support families that are far more generous than what the Trump administration is considering, but the results have been disappointing.

There are many things governments can do to ease the burden on parents — tax credits, parental leave and banning smartphones in schools, among other ideas — but policymakers should keep their expectations in check about the effect these initiatives will have on fertility. If they just make family life easier and better, that's a good start. But frankly, we'd all be better off if the Trump people stay far away from family policy, lest they besmirch it.

Mona Charen is policy editor of The Bulwark and host of the "Beg to Differ" podcast. Her new book, Hard Right: The GOP's Drift Toward Extremism, is available now.

Reprinted with permission from Creators.

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