Fact Checking President Trump’s Wild Daily Caller Interview

Here’s a quick roundup of the president’s most notable errors of fact, in the order in which he made them.

“You know, it’s very interesting, because when you talk about not Senate confirmed, well, [special counsel Robert] Mueller’s not Senate confirmed. He’s heading this whole big thing; he’s not Senate confirmed.”

Trump is responding to assertions that he violated the Constitution by appointing the Justice Department’s chief of staff, Matthew G. Whitaker, as acting attorney general. The chief of staff post is not subject to Senate confirmation, unlike the deputy attorney general, who ordinarily would fill the vacancy.

But there is no expectation that a special counsel would be subject to Senate confirmation, as he is an “inferior officer” who reports to someone who has been confirmed. (The former attorney general, Jeff Sessions, had recused himself, so Mueller previously had reported to the deputy attorney general.)

In other words, Trump’s point is nonsensical.

“I’m building the wall in smaller stages, and we moved the military there, we put up barbed wire, we did all sorts of things.”

No, Trump’s wall is not yet being built. Congress inserted specific language in its appropriations bill that none of the $1.57 billion appropriated for border protection may be used for prototypes of a concrete wall that Trump observed while in California. The money can be used only for bollard fencing and levee fencing. Trump regularly makes this false claim — at last count, more than 80 times.

“You have 17 people — half, many of them worked for Hillary Clinton, some on the foundation. The Hillary Clinton Foundation.”

This is false, as we have documented previously. Five members of the Mueller team contributed to Hillary Clinton’s 2016 campaign. One of those people, attorney Jeannie Rhee, represented the Clinton Foundation in a 2015 lawsuit over Clinton’s use of her private email server. Aaron Zebley, a former counterterrorism FBI agent and assistant U.S. attorney, made no contributions to Clinton but represented a Clinton aide at one point.

In other words, no member of the Mueller team worked for Hillary Clinton and only one had a connection to the Clinton Foundation.

“We’ve really, you know, terminated a lot of the Obamacare, as it was referred to.”

The 2017 Trump tax bill, starting in 2019, effectively eliminates the mandate that required people to pay a penalty if they chose not to buy health insurance. (A waiver was available for people under a certain income level.) The penalty must still be paid in 2017 and 2018.

“This is a problem in California that’s so bad of illegals voting. This is a California problem, and if you notice, almost every race — I was watching today — out of like 11 races that are in question, they’re going to win all of them. The Republicans don’t win, and that’s because of potentially illegal votes, which is what I’ve been saying for a long time.”

Trump, without evidence, suggests that the slow process of counting California’s mail-in ballots means that undocumented immigrants are casting votes. He has never given an explanation as to why the late votes that are counted would be from undocumented immigrants. There is no evidence that undocumented immigrants are voting in California in vast numbers, let alone enough to swing an election.

Voter fraud is extremely rare, though obviously errors can be made. California’s Department of Motor Vehicles acknowledged in October that 1,500 people may have been incorrectly registered because of a processing error — including at least one noncitizen (a legal resident, not an undocumented immigrant). The incorrect registrations were canceled before the election.

“I’ve seen it, I’ve had friends talk about it when people get in line that have absolutely no right to vote and they go around in circles. Sometimes they go to their car, put on a different hat, put on a different shirt, come in and vote again. Nobody takes anything. It’s really a disgrace, what’s going on.”

Trump Fired His Most Effective Lieutenant

The outgoing attorney general did more to enact the president’s priorities than any other member of the Cabinet, but that didn’t save him from White House hostility.

The paradox of Jeff Sessions’s tenure as attorney general is that no member of the Trump administration was so beleaguered and disparaged by President Trump, but no member got as much done.

Even as he endured persistent verbal abuse from the president, Sessions steamed forward on a range of conservative social-policy priorities, aggressively reorienting the Justice Department’s stances on immigration, civil rights, and criminal justice, among other issues. In an administration plagued by incompetent and ineffective figures, Sessions was a paragon of efficacy—a distinction that horrified his many opponents, but did nothing to win Trump’s trust or affection.
  • When it came time for Trump to pull the plug on the Deferred Action for Childhood Arrivals program, as he had promised he would during the 2016 campaign, the president got cold feet, but Sessions was happy to be the public face of the withdrawal. It was Sessions who
  • tried to follow through (unsuccessfully) on Trump’s threat to cut off funding to sanctuary cities. It was Sessions who issued new guidance to immigration judges. And, most prominent, it was Sessions who
  • went to the border to announce the Trump administration’s decision to separate migrant children from their parents.
Sessions openly said the plan to split families up was intended to deter migrants, even as other administration officials said otherwise. The policy was met with widespread and appropriate horror, and Trump eventually pulled back—but he had backed the plan before that, and Sessions had followed through.

.. But these weren’t just Sessions’s pet issues. They were Trump’s as well. Hardline immigration policies, giving police free rein, fighting phantom voter fraud—these were all signature Trump projects. Sessions had been the first U.S. senator to endorse Trump, and Trump took from him a range of policy concepts—especially on immigration—as well as a top adviser, Stephen Miller.
But Sessions’s stewardship of those projects didn’t return him to favor with Trump, who, according to Bob Woodward’s book Fear, called Sessions “mentally retarded” and a “dumb Southerner.”

.. When McGahn’s departure was announced in August, I wrote that he’d been the most effective person in the West Wing, through his stewardship of judicial appointments. But Trump disliked and distrusted McGahn, and seemed eager to have him gone.
.. Of course, the same issue poisoned both Sessions’s and McGahn’s relationships with Trump: the Russia investigation, and especially Special Counsel Robert Mueller’s takeover of it.
.. Trump was angry that neither man had protected him. He raged at Sessions’s lack of “loyalty” and complained that Attorney General Eric Holder had “totally protected” Barack Obama. (What he meant by that is unclear.) He twice instructed McGahn to fire Mueller, and McGahn twice refused, once threatening to resign.
.. Attorney General Matthew Whitaker assumes control of Mueller’s probe. Whitaker was outspokenly critical of the special counsel’s inquiry before joining the administration, so Trump may now have a leader of the Justice Department who is more pliable on the Mueller front. But the president is unlikely to find an attorney general who will do as much to move his priorities forward as Sessions did—and the new attorney general will come into the job knowing that loyalty and efficacy aren’t enough to garner favor with Trump.

Brian Kemp, Enemy of Democracy

Shortly before the election, the president endorsed Mr. Kemp, and the political tide turned. He has a skill set that Mr. Trump desperately needed but was curiously silent about in his endorsement: He is a master of voter suppression.

Hackable polling machines, voter roll purges, refusing to register voters until after an election, the use of investigations to intimidate groups registering minorities to vote — Mr. Kemp knows it all.

.. Voter suppression keeps Georgia a red state. Since 2005, Republicans have controlled the State Legislature as well as the governor’s office. Now most of the congressional districts are Republican. So are nearly 64 percent of the state representatives and 66 percent of the state senators.

.. Whites make up less than 60 percent of the state’s population but more than 90 percent of people who voted Republican in the primary. The state’s gerrymandered districts, drawn and redrawn by the Republican-dominated Legislature, mirror the inordinate and disproportionate power of this constituency.
.. He has begun investigations into organizations that registered nearly 200,000 new Asian-American and African-American voters — efforts that resulted in the first majority-black school board in a small town.
His investigations yielded no charges, no indictments, no convictions, despite years of probing, suspects’ losing their jobs and Georgia Bureau of Investigation agents knocking on doors. Yet the intimidation had an impact. An attorney from a targeted organization told a reporter: “I’m not going to lie; I was shocked. I was scared.”
.. While Mr. Kemp insisted that these investigations were about preventing in-person voter fraud (which basically doesn’t exist), he was more candid when talking with fellow Republicans: “Democrats are working hard,” he warned in a recording released by a progressive group “registering all these minority voters that are out there and others that are sitting on the sidelines.”

“If they can do that, they can win these elections in November,” Mr. Kemp said. Therefore, even after the multiple investigations yielded no indication of fraud, thousands of people registered during these drives were not on the voter registration rolls, and a court ruling kept it that way.

Mr. Kemp also used Exact Match, a version of the infamous Crosscheck database, to put tens of thousands of citizens in electoral limbo, refusing to place them on the rolls if an errant hyphen, a stray letter or a typographical error on someone’s voter registration card didn’t match the records of the state’s driver’s license bureau or the Social Security office

Using this method, Mr. Kemp blocked nearly 35,000 people from the voter rolls. Equally important, African-Americans, who made up a third of the registrants, accounted for almost 66 percent of the rejected applicants. And Asian-Americans and Latino voters were more than six times as likely as whites to have been stymied from registering.

.. But as diligent as he has been about purging eligible citizens from the voter rolls, Mr. Kemp has been just as lax about the cybersecurity of the state’s 27,000 electronic voting machines. Although there were a series of warnings about the ease with which they could be hacked, Mr. Kemp did not respond. Georgia’s electronic voting machines, which run on Windows 2000, leave no paper trail; as a result, there is no way to verify whether the counts are accurate or whether the vote has been hacked.

.. Mr. Kemp finally accepted federal dollars, which he had refused for years, to update some of the machines. But his efforts were too little, too late.

.. officials at Kennesaw State University, which provides logistical support for the state’s election machinery, destroyed the server that housed statewide election data.

.. That series of events, including an April visit to the small campus by Ambassador Sergey Kislyak of Russia, raised warning flags to many observers. But not to Mr. Kemp, who said that there was nothing untoward in any of it; the erasure was “in accordance with standard IT procedures.”

.. Mr. Trump’s endorsement, therefore, was no surprise. Mr. Kemp had pulled off an incredible feat: Georgia’s population increased, but since 2012, the number of registered voters has decreased.

He, like Mr. Trump, has been steadfast in riding the voter-fraud train, regardless of how often and thoroughly the claim has been debunked.

A Kemp victory in November is, therefore, transactional but essential for Mr. Trump. It means that there will be a governor, in a state that demographically should be blue, who is practiced and steeped in the nuances of disfranchisement. Mr. Kemp can rubber-stamp the Legislature’s voter-suppression bills that privilege the Republican Party, artificially increase the Republican representation in Congress and in the end protect a president facing mounting evidence of graft, corruption, conspiracy and the threat of impeachment.

 

Kris Kobach Is the G.O.P. at Its Worst

In his race to be Kansas’ next governor, Kris Kobach represents the ugliest part of today’s Republican Party. He also sounds a lot like the president.

.. Kris Kobach, the state’s secretary of state — and quite possibly the most pernicious public official in America.
.. This distinction is not conferred lightly. Mr. Kobach has labored for it long and hard, notably in the areas of voter suppression and nativism. He is best known for having been the vice chairman of President Trump’s ugly voter fraud commission, spawned in 2017 to root out the millions of illegal voters who Mr. Trump’s ego pathetically, and falsely, claimed had cost him the popular vote in 2016. The commission was dissolved this January, having failed to find any evidence of widespread fraud, but having succeeded in raising Mr. Kobach’s national profile and cementing his reputation as a master purveyor of Trumpism.
Mr. Kobach on Wednesday declared victory at a noon news conference, acknowledging that only 191 votes separated him from Mr. Colyer and that the election result may change as provisional and other ballots are counted. Awkwardly, as the state’s top election official, Mr. Kobach would be the person charged with overseeing any recount of votes. Unless he recused himself, which he has said he would not.
Mr. Kobach is running for governor on a promise to “Make Kansas Great Again.” (#MKGA!)
.. Starting with a failed run for Congress in 2004, Mr. Kobach has regularly sounded the alarm that illegal immigration and widespread voter fraud are destroying this nation. Indeed, he has suggested that fraud played a role in his congressional defeat.
A former constitutional law professor with degrees from Yale, Harvard and Oxford, Mr. Kobach’s specialty is concocting creative legal arguments to achieve controversial political ends — such as, say, forcing Mexico to pay for a border wall. (His plan: use a provision in the Patriot Act to track and tax the remittances that undocumented immigrants send home to family members.)

He was the brains behind the self-deportation proposal for which Mitt Romney was widely mocked in his 2012 presidential run.

..  As an adviser to immigration hard-liners in Arizona — including the felonious-until-pardoned Sheriff Joe Arpaio — he helped write the state law that, among other measures, tasked the local police with verifying the citizenship of anyone they had “reasonable suspicion” to believe was undocumented.

.. ProPublica and The Kansas City Star recently detailed Mr. Kobach’s 13-year history of pitching his consulting services to small towns, helping them enact such ordinances. This has been a profitable gig for Mr. Kobach, but not so much for the towns in question, some of which wound up drowning in legal fees after trying to defend measures that ultimately proved unenforceable.

.. His crowning achievement as secretary of state was a law passed in 2011 requiring people to prove their citizenship before registering to vote. Or, rather, it was his crowning achievement until a federal judge this year struck down the law as unconstitutional.

In the course of that case, Mr. Kobach so violated basic courtroom rules that he was held in contempt and, among other humiliations, ordered to take six hours of legal education.

.. he has a flair for the dramatic and isn’t overly concerned with facts.

.. His speeches contain plenty of red meat, such as comparing Planned Parenthood to the Third Reich’s Josef Mengele.

.. Until early 2017, Mr. Kobach spent several years hosting a local call-in show, on which he held forth on such terrors as the “illegal alien crime wave” that he warned was decimating America.

.. He also got a kick out of indulging the dark fantasies of listeners, such as the 2014 caller fearful that the immigration policies of then-President Barack Obama would lead to the “ethnic cleansing” of whites.

.. Then there was the 2015 caller anxious about whether Mr. Obama might one day decree that “any black person accused of a crime, charged with a crime, is not going to be prosecuted.”

“Well, it’s already happened more or less in the case of civil rights laws,” Mr. Kobach soothed. “So I guess it’s not a huge jump.”

.. in Mr. Kobach, Mr. Trump clearly sees a kindred spirit.