The First Step in Revoking Obama’s Land Grab

What is done by executive power can be undone by executive power.

Former President Barack Obama began to learn that lesson this Wednesday when President Donald Trump signed an executive order directing Interior Secretary Ryan Zinke to conduct a review of all Antiquities Act designations larger than 100,000 acres over the past 30 years.

Specifically, the executive order directs Zinke to consider “the requirements and original objectives of the Act, including the Act’s requirement that reservations of land not exceed ‘the smallest area compatible with the proper care and management of the objects to be protected’” and whether “designated lands are appropriately classified under the Act as ‘historic landmarks, historic and prehistoric structures, [or] other objects of historic or scientific interest.’”

This wording strongly suggests that Obama’s lame duck decision to designate 1.35 million acres in San Juan County as a national monument will at least be significantly reduced and possibly entirely rescinded.

Some environmental activists may claim that Trump does not have the power to shrink or revoke Obama’s Antiquities Act designations, but these claims are ignorant of both history and the law.

For starters, as University of California Berkeley Law School professor John Yoo and Pacific Legal Foundation Executive Director John Gaziano detailed in a recent legal report, five presidents have significantly reduced four previous monument designations, and no one has ever questioned the legality of those reductions.

Specifically, President Ike Eisenhower reduced the Great Sand Dunes National Monument by 25 percent, President Harry Truman reduced the Santa Rosa Island National Monument by 49 percent, Presidents William Howard Taft, Woodrow Wilson, and Calvin Coolidge collectively reduced the Mount Olympus monument by 49 percent, and Taft reduced the Navajo National Monument by 89 percent.

A current president’s power to alter a previous president’s flows from the text of the statute, which authorizes the president “in his discretion, to declare by public proclamation … national monuments …. the limits of which in all cases shall be confined to the smallest area compatible with proper care and management of the objects to be protected.”

As Yoo and Gaziano point out, “there is no temporal limit” on the requirement that a monument must be limited to “the smallest area compatible with proper care and management of the objects to be protected” so all presidents must use their ongoing discretion as to whether every monument is the proper size.

“What is done by executive power can be undone by executive power.”

Furthermore, what if a later president determines that an earlier president’s designation was so exceedingly beyond the “smallest area compatible with proper care” that the entire designation was illegal?

Yoo and Gaziano argue that the entire monument designation could be revoked.

Whatever Zinke does end up recommending to Trump—and a preliminary report is due in 45 days on Utah’s Bears Ears National Monument—further executive action will only be the beginning of solving San Juan County’s public lands issues.

Congress will then need to pick up the Public Lands Initiative legislation that was working through the House before Obama derailed the legislative process and pass a commonsense solution that includes real input from local residents.

Only through the legislation can local residents, including the Navajo, be given real power over their land use decisions. (For more from the author of “The First Step in Revoking Obama’s Land Grab” please click HERE)

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Target Slashes CEO Pay Package After Bleak Year

Target Corp’s (TGT.N) Chief Executive Brian Cornell took a sharp cut in compensation after the company failed to meet financial goals in a year marred by declines in sales and share price.

Cornell’s cash-and-stock compensation fell by nearly a third to $11.3 million, according to a document filed with regulators two months after the company reported results that sent its stock tumbling to 2-1/2-year lows.

As per Target’s short-term incentive plan, Cornell’s compensation was based on the performance of two financial metrics: incentive EBIT, which makes up 75 percent of Cornell’s stock component, and the rest on adjusted sales.

Target said it missed its 2016 incentive EBIT goal of $5.74 billion by $623 million and fell short of its adjusted sales target of $71.62 billion by $2.13 billion.

“This looks pretty normal in terms of executive compensation and, I think, it is actually good executive compensation in a turnaround situation,” said Paul McConnell, managing director at Board Advisory LLC, an executive compensation, performance and succession advisory group. (Read more from “Target Slashes CEO Pay Package After Bleak Year” HERE)

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Fourth Man Accuses Seattle Mayor of Paying Him for Sex

A fourth man has accused Seattle Mayor Ed Murray of paying him for sex after being introduced to Murray as a teenager.

A Murray spokesman denied the latest allegations, made in a court filing late Tuesday, calling them a “sensational media stunt.” The mayor’s lawyers Wednesday morning redoubled their effort to get a judge to sanction the attorney who submitted the new court filing and is representing another man who filed a lawsuit last month.

The new accuser, 44-year-old Maurice Jones, said in a sworn court declaration he was introduced to Murray by Delvonn Heckard, the Kent man who filed last month’s lawsuit claiming Murray sexually abused him as a teenager in the 1980s.

Jones’ declaration, filed in King County Superior Court, was brief, saying he had been to Murray’s Capitol Hill apartment at an unspecified time and that Murray “gave me money for sex.” (Read more from “Fourth Man Accuses Seattle Mayor Ed Murray of Paying Him for Sex” HERE)

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Trump Expected to Unveil Massive New Protections for Religious Freedom Thursday

A leaked copy of a draft executive order titled “Establishing a Government-Wide Initiative to Respect Religious Freedom,” obtained by The Investigative Fund and The Nation, reveals sweeping plans by the Trump administration . . .

The four-page draft order, a copy of which is currently circulating among federal staff and advocacy organizations, construes religious organizations so broadly that it covers “any organization, including closely held for-profit corporations,” and protects “religious freedom” in every walk of life: “when providing social services, education, or healthcare; earning a living, seeking a job, or employing others; receiving government grants or contracts; or otherwise participating in the marketplace, the public square, or interfacing with Federal, State or local governments.”

The draft order seeks to create wholesale exemptions for people and organizations who claim religious or moral objections to same-sex marriage, premarital sex, abortion, and trans identity, and it seeks to curtail women’s access to contraception and abortion through the Affordable Care Act. The White House did not respond to requests for comment, but when asked Monday about whether a religious freedom executive order was in the works, White House spokesman Sean Spicer told reporters, “I’m not getting ahead of the executive orders that we may or may not issue. There is a lot of executive orders, a lot of things that the president has talked about and will continue to fulfill, but we have nothing on that front now.”

Language in the draft document specifically protects the tax-exempt status of any organization that “believes, speaks, or acts (or declines to act) in accordance with the belief that marriage is or should be recognized as the union of one man and one woman, sexual relations are properly reserved for such a marriage, male and female and their equivalents refer to an individual’s immutable biological sex as objectively determined by anatomy, physiology, or genetics at or before birth, and that human life begins at conception and merits protection at all stages of life.”

[Legal experts described the] breadth of the draft order . . . as “sweeping” and “staggering” . . . (Read more from “Trump Expected to Unveil Massive New Protections for Religious Freedom Thursday” HERE)

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Pence: WH Still Weighing Jerusalem Embassy Move

Vice President Mike Pence said Tuesday the White House continues to give “serious consideration” to moving the U.S. Embassy in Israel from Tel Aviv to Jerusalem.

And President Donald Trump is “personally committed to resolving the Israeli and Palestinian conflict” and is “making valuable progress” toward that goal, Pence said at an Israeli Independence Day commemoration.

Like most countries, the United States maintains its embassy in Tel Aviv because Israelis and Palestinians have competing claims to Jerusalem. Israel considers Jerusalem its undivided capital but Palestinians seek east Jerusalem for the capital of a future state. (Read more from “Pence: WH Still Weighing Jerusalem Embassy Move” HERE)

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Jim DeMint Remains Defiant After Heritage Foundation Ouster

Ousted Heritage Foundation President Jim DeMint was defiant Tuesday, saying that his work at the conservative think tank helped shape many of President Donald Trump’s core ideas.

“When I came to Heritage in 2013, I told our staff and millions of members around the country that over the next four years, we had the opportunity to lead a resurgence of conservative policies and communications to win the hearts and minds of the American people,” DeMint, 65, a former South Carolina Republican senator, told Politico in an interview.

“I’m grateful to have worked with some of the greatest minds and talents in America and believe we’ve accomplished together what we set out to do.”

Heritage’s 22-member board voted to remove DeMint Tuesday, capping speculation since last week about his future with the organization.

He later released, through a spokesman, his own assessment of his helm at the foundation, Politico reports. (Read more from “Jim DeMint Remains Defiant After Heritage Foundation Ouster” HERE)

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Omnibus Violates Trump Promises With Bad Immigration Provisions

If the November election was analogous to conservatives recovering possession of the ball, this pending budget bill is the moment the president throws an interception. Unless, of course, he does the right thing and vetoes it.

Not only does this bill fund liberal priorities, including refugee resettlement, Obama’s amnesty, and sanctuary cities, it contains a number of odious provisions that weaken current law on immigration. We have already observed how this bill essentially weakens Trump’s leverage to even commence construction on a border wall while funding border security in other countries. However, there are a number of additional provisions that violate the president’s core campaign promises as well.

MORE IMMIGRATION FROM AFGHANISTAN

While fully funding the refugee program and failing to codify Trump’s executive order against judicial tyranny, this bill actually increases immigration from the Middle East. Sec. 7083 (p. 1447) increases the number of Special Immigrant Visas (SIV) for Afghanis by 2,500 – from 8,500 to 11,000. As we’ve written before, this has been a priority of liberal Republicans and Democrat in the Senate, even though we’ve had vetting problems with the families of interpreters and contractors. Remember, the Bowling Green bomb-plotters were Iraqi SIVs who were caught trying to blow up the soldiers they worked for.

Congress already added an additional 3,000 visas for these individuals plus an unlimited number for family members in the FY 2016 NDAA. Most of those visas have not even been issued yet. So why would Congress open the floodgates for even more visas at a cost of several hundred million dollars? Remember, SIV recipients are treated like refugees and are immediately eligible for all social entitlement and resettlement programs. They are also permitted to bring in an unlimited number of spouses and children. In recent years, the program has been expanded for other support members beyond interpreters or those helping our soldiers on the front lines – and this program is in addition to a separate visa program specifically for interpreters. Moreover, after 15 years of failure in Afghanistan, we are fighting for a corrupt Sharia government. Now we have nothing to show for it but more immigrants who, by and large, are strict adherents to Sharia.

Moreover, with the endless flow of immigration from the Middle East, why wouldn’t they at least cut other areas of immigration, such as the Syrian refugees who are arriving in the hundreds every month? Since Trump is apparently refusing to use the budget to codify his order for a moratorium from the Middle East, is it too much to ask that he not increase immigration?

GUTS 287G COOPERATION WITH LOCAL LAW ENFORCEMENT

One of the cornerstones of interior enforcement is the 287g program, which allows federal immigration officials to work with local law enforcement to apprehend illegal aliens. Obama terminated the program as part of his illegal amnesty, but Trump reinstated it by executive order. Sec. 210 (p. 684) of the omnibus prohibits these agreements if the DHS Inspector General determines that the terms of the agreement governing the delegation of authority have been “materially violated.” This provision was clearly inserted by Democrats who feel there might be an avenue through which they can get the IG to throw cold water on this vital program.

CREATES STATE DEPARTMENT SLUSH FUND FOR LIBERAL BUREAUCRATS TO BRING IN MORE REFUGEES

Section 7081 (p. 1443) of the omnibus essentially creates a slush fund for the Bureau of Consular Affairs within the State Department to use the fees it collects from visas as a permanent funding source from year to year.

While a number of agencies are somewhat “self-funded” by their own administration of fees, those funds are either deposited directly into the general treasury or are credited against the amount of appropriations they receive. For example, if an agency receives $50 million in appropriations but collects $20 million in fees, it can only draw $30 million from the Treasury. Moreover, it can’t use the funds from year to year. This is necessary so that agencies are fully controlled by Congress for every fiscal year rather than becoming rogue entities that self-fund outside Article I powers.

This bill, on the other hand, gives the State Department a full slush fund, in addition to appropriations, from which the funds can be transferred for other purposes.

In a normal administration, one would assume that the White House would control the direction of the agencies. But we have already seen that the White House is either unwilling or unable to stop the State Department from bringing in 900 refugees a week (which is not even required by the lawless courts). Clearly, the same personnel from Obama’s administration remain in place. Thanks to this provision in the omnibus, there will be a new revenue incentive for the agency to bring in as many visas as possible and use the extra funds to push the limits on refugee resettlement and other visa categories.

Thus, at the same time Congress is rescinding funds for the border wall, it is offering an extra slush fund with more flexibility to bring in even more refugees. This bill contains several other provisions that direct policy, even though it’s a spending bill — but not any conservative priorities.

THE SOFT BIGOTRY OF LOW EXPECTATIONS

Amazingly, OMB director Mick Mulvaney praised the budget and excused the problems by asking rhetorically, “Can you imagine how different this bill is from what the bill that President Obama would have signed back in September?”

This is part of a disturbing trend I’m noticing among some conservatives, in which they have such low expectations for success that they excuse away every act of political adultery by Trump and congressional Republicans by comparing it to what we would have gotten with Obama or Hillary. There is no sense of context, proportionality, and expectations in these excuses. (See my full podcast on realistic expectations vs. absurd excuses). Taking this reasoning to its logical conclusion, one could excuse away a Republican issuing amnesty by suggesting the Democrat would have amnestied more illegals. Or “at least the Republican president only appointed five Kerry people to foreign policy positions as opposed to 10.”

The reality is there is no need or excuse for any of this. We are not asking the president to balance the budget or reform entitlements in 100 days. We are asking him merely not to pursue some of the most egregious and downright illegal policies of the Obama administration. The Iran deal, defending the contraception mandate in court, issuing Obama’s amnesty, and bailing out insurers are all illegal policies that can be terminated … simply by doing nothing. To actively continue and even champion those policies is an act of political adultery that shouting “Gorsuch!” or “Keystone pipeline!” fails to ameliorate. To sign a budget bill codifying these priorities while he fails to demand that Congress address his priorities that have been illegally assailed by the courts casts doubt on his campaign promises.

Amazingly, as it relates to the budget, there is not much room even to use “but Obama would have been worse” as an excuse. It’s hard to see how the bill would have been significantly worse had Democrats won the election.

actually, not really. and i don’t mean that snarkily. maybe modestly different. but not THAT different. https://t.co/2KY2hKoS4P

(For more from the author of “Omnibus Violates Trump Promises With Bad Immigration Provisions” please click HERE)

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Hill-Arity: Area Grandma Extremely Confused by 2016 Election

Hillary Clinton is still insisting that the FBI and Russia sunk her presidential campaign.

On Tuesday, the former secretary of state pointed to the letter FBI Director James Comey sent to Congress and the Wikileaks email dumps for sufficiently damaging her campaign to lose to Republican Donald Trump.

“But I was on the way to winning until the combination of Jim Comey’s letter on October 28 and Russian Wikileaks raised doubts in the minds of people who were inclined to vote for me, but got scared off,” Clinton told CNN’s Christiane Amanpour at a Women for Women International event in New York.

“And the evidence for that intervening event is I think compelling, persuasive. And so we overcame a lot, we overcame an enormous barrage of negativity, of false equivalency, and so much else.”

What planet is Hillary Clinton living on? An entire book was written detailing her failed leadership during the campaign. Hillary Clinton lost the election because she is Hillary Clinton, and there were no external circumstances that could’ve changed the outcome, as many were quick to point out:

“If the election had been on October 27, I would be your president,” Clinton said.

Whatever helps you sleep at night, madame secretary. (For more from the author of “Hill-Arity: Area Grandma Extremely Confused by 2016 Election” please click HERE)

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Conservatives Beware: Ivanka’s Leftism Is on the Rise

There was a moment during the presidential campaign when then-candidate Donald Trump made conservative jaws drop as he defended Planned Parenthood on national TV during a Republican primary debate.

“Millions of millions of women — cervical cancer, breast cancer — are helped by Planned Parenthood,” Trump said more than a year ago on the CNN debate stage in Houston. “I would defund it because I’m pro-life, but millions of women are helped by Planned Parenthood.”

We now know, according to a New York Times interview, it was the president’s daughter, Ivanka, who convinced him to spare those kind words for the organ harvesters at Planned Parenthood.

Now off the campaign trail and in the White House, Ivanka Trump is getting a grip on government to gain greater influence with the president of the United States.

In the Times interview, Ivanka said she is “still at the early stages of learning how everything works.”

“But I know enough now to be a much more proactive voice inside the White House,” she said. She’s proactively pushing the administration left.

According to the Times, Ivanka’s liberal influence in the White House is expanding. She meets with top administration officials and even reviews President Trump’s executive orders before they are signed.

The two trade thoughts from morning until late at night, according to aides. Even though she has no government or policy experience, she plans to review some executive orders before they are signed, according to White House officials. She calls cabinet officials on issues she is interested in, recently asking the United Nations ambassador, Nikki R. Haley, about getting humanitarian aid into Syria. She set up a weekly meeting with Steven Mnuchin, the Treasury secretary.

Ivanka, described by the Times as a “moderating force” in the White House, intends to push the administration left on climate change, immigration law enforcement, and refugee policy. She said in the interview that she has no “hidden agenda.” That’s true, as her liberal agenda in the White House is plain for all to see.

She’s already said this week that the United States may need to admit more Syrian refugees into the country. She also wants to “go beyond her father’s campaign pledge” and include both mothers and fathers in the administration’s proposal for a paid maternity leave entitlement. Early in the administration, Ivanka and her husband Jared Kushner successfully defeated an executive order on religious freedom. Ivanka Trump has been a consistent voice in opposition to conservative policies.

All the while, she has held secret meetings with liberal special interest groups – including Planned Parenthood – for their input on policy coming from the White House. And she gets alone time with the president to pitch those liberal ideas.

“A lot of their real interactions happen when it’s just the two of them,” Ivanka’s husband Jared Kushner told the Times. Ivanka reportedly will tell other members of the president’s staff “I need 10 minutes alone with my father” when she wants to change his mind. Though not always successful, by her own admission she has “modified” some of the president’s positions.

“I’ll go to the mat on certain issues and I may still lose those,” Ivanka said. “But maybe along the way I’ve modified a position just slightly. And that’s just great.”

As Congress prepares to pass an omnibus spending bill that does not include President Trump’s campaign priorities – cutting government spending, funding the border wall, and defunding Planned Parenthood – conservatives may wonder why President Trump is not fighting harder for his priorities. Are these positions that Ivanka Trump has “modified”?

Ivanka’s outsized influence with the president speaks to the need for conservative voices in the White House. If the president continues to yield to his daughter’s liberalism, he will fail. (For more from the author of “Conservatives Beware: Ivanka’s Leftism Is on the Rise” please click HERE)

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Salon’s Fake News: Trump Supposedly Said the Constitution Is ‘Really a Bad Thing for the Country’

The left-wing media site Salon posted an article with the headline blaring: “Donald Trump doesn’t like the ‘archaic’ Constitution: ‘It’s really a bad thing for the country.’” Other liberal sites said the same thing. It was the classic gotcha article: The man who says he’s a conservative wants to trash the Constitution! Haha, say the liberals.

The only problem: he didn’t say that.

What Trump Didn’t Say, and What He Did

Salon did the easiest thing possible — took phrases out of Trump’s Fox News interview. In fact, the interview posted with the article contradicts it.

One hint that the liberal press misquoted the president? The word “constitution” doesn’t even appear in the interview. Not even once.

So what was Trump talking about? Fox News’s Martha MacCallum asks him about his political philosophy. Trump responds that he’s “not really an ideologue.” He’s “a person of common sense.” He gets things done, he says. “I understand what has to be done, I get things done I’ve always been a closer. We don’t have a lot of closers in politics and I understand why.”

Then comes the quote that the mainstream media jumped on. “It’s a very rough system, it’s an archaic system,” he says. The Constitution? No. He continues:

You look at the rules of the Senate, even the rules of the House. The rules of the Senate, some of the things you have to go through. It’s really a bad thing for the country. In my opinion, they are archaic rules. Maybe, at some point, we’re going to have to take those rules on. For the good of the nation, things are going to have to be different. You can’t go through a process like this. It’s not fair, it forces you to make bad decisions.

What’s He Upset About?

Does Trump reject the Constitution in the interview? No, he never even mentions it. What’s he upset about? The rules of Congress, especially the Senate. He thinks those rules are “archaic.”

Trump may be flustered working with Congress, but he hasn’t deserted our system of checks and balances to become a dictator.

The fake news piece had 17,500 Facebook shares at the time this article went to publication. There has been no retraction or correction. Will Google push it down in search results? Will Facebook flag it as fake news? Probably not. (For more from the author of “Salon’s Fake News: Trump Supposedly Said the Constitution Is ‘Really a Bad Thing for the Country'” please click HERE)

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