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The man taking over the Justice Department following Jeff Sessions' firing as attorney general has argued that special counsel Robert Mueller's investigation went too far.Matthew Whitaker, who was Sessions' chief of staff, is expected to take over oversight of Mueller's investigation into Russian interference in the 2016 election and whether Trump campaign associates colluded with Russia. A source close to the President told CNN that the idea of Whitaker ending or suppressing the Russia probe is not an option as of now.In a CNN op-ed written last year, Whitaker argued that Mueller is "dangerously close to crossing" a red line following reports?that Mueller was looking into Trump's finances.He argued that Mueller does not have "broad, far-reaching powers in this investigation," but that the investigation's limits are clearly defined by Deputy Attorney General Rod Rosenstein's?May 2017 letter appointing Mueller."It is time for Rosenstein, who is the acting attorney general for the purposes of this investigation, to order Mueller to limit the scope of his investigation to the four corners of the order appointing him special counsel," he wrote then. "If he doesn't, then Mueller's investigation will eventually start to look like a political fishing expedition."Back in 2017, Whitaker also told CNN's Don Lemon that he could see a scenario where Sessions is replaced with an attorney general who "reduces (Mueller's) budget so low that his investigation grinds to almost a halt."Trump announced on Twitter Wednesday that Whitaker would fill the role of attorney general while he finds a permanent replacement to be "nominated at a later date."Sessions recused himself from the Russia investigation after it emerged that he had failed at his Senate confirmation hearing to disclose two pre-election meetings with Russia's ambassador to Washington at a time when Moscow was accused of interfering in the presidential race. The recusal was harshly criticized by Trump and led to the deterioration of their relationship.Whitaker was a CNN legal commentator and former US attorney who directed the Foundation for Accountability and Civic Trust (FACT), a conservative ethics watchdog group. He ran in the Republican primary for Iowa Senate in 2014.--This opinion article was originally published on August 6, 2017, and authored by now acting AG Matthew Whitaker:Last month, when President Donald Trump was asked by The New York Times if special counsel Robert Mueller would be crossing a line if he started investigating the finances of Trump and his family, the President said, "I think that's a violation. Look, this is about Russia."The President is absolutely correct. Mueller has come up to a red line in the Russia 2016 election-meddling investigation that he is dangerously close to crossing.According to a CNN article, Mueller's investigators could be looking into financial records relating to the Trump Organization that are unrelated to the 2016 election. According to these reports, "sources described an investigation that has widened to focus on possible financial crimes, some unconnected to the 2016 election." The piece goes on to cite law enforcement sources who say non-Russia-related leads that "involve Trump associates" are being referred to the special counsel "to encourage subjects of the investigation to cooperate."This information is deeply concerning to me. It does not take a lawyer or even a former federal prosecutor like myself to conclude that investigating Donald Trump's finances or his family's finances falls completely outside of the realm of his 2016 campaign and allegations that the campaign coordinated with the Russian government or anyone else. That goes beyond the scope of the appointment of the special counsel.In fact, Deputy Attorney General Rod Rosenstein's letter?appointing special counsel Robert Mueller does not give Mueller broad, far-reaching powers in this investigation. He is only authorized to investigate matters that involved any potential links to and coordination between two entities -- the Trump campaign and the Russian government. People are wrongly pointing to, and taking out of context, the phrase "any matters that arose or may arise directly from the investigation" to characterize special counsel's authority as broad.The word "investigation" is clearly defined directly preceding it in the same sentence specifically as coordination between individuals associated with the campaign of Donald Trump and Russia. The Trump Organization's business dealings are plainly not within the scope of the investigation, nor should they be.Indeed, Sunday on Fox News, Rod Rosenstein acknowledged Mueller had limited authority and would need to seek his permission to expand the investigation.Beyond the legal reading, the broad authority argument defies plain logic: If the special counsel could investigate anything he wants, why would there even need to be a letter spelling out the specific limits of the investigation?One of the dynamics at play here is that people are conflating this investigation and Kenneth Starr's 1994 investigation into President Bill Clinton. While partly understandable at first glance, the two investigations are not comparable -- not only have more than two decades passed since then, but a completely new law and legal framework governing separate investigations has also passed. Starr was an independent counsel and Mueller is a special counsel, the two words are different for a reason.Any investigation into President Trump's finances or the finances of his family?would require Mueller to return to Rod Rosenstein for additional authority under Mueller's appointment as special counsel.If he were to continue to investigate the financial relationships without a broadened scope in his appointment, then this would raise serious concerns that the special counsel's investigation was a mere witch hunt. If Mueller is indeed going down this path, Rosenstein should act to ensure the investigation is within its jurisdiction and within the authority of the original directive.I've prosecuted several financial crimes at the federal level and I've also defended plenty in my private practice. From this unique vantage point, I can understand how a motivated prosecutor, in a broad investigation into the financial affairs of high-profile individuals, can become overzealous toward the targets of such probes -- with calamitous results. While no one is above the law, in situations such as this, any seasoned prosecutor must use discretion both judiciously and expertly.It is time for Rosenstein, who is the acting attorney general for the purposes of this investigation, to order Mueller to limit the scope of his investigation to the four corners of the order appointing him special counsel.If he doesn't, then Mueller's investigation will eventually start to look like a political fishing expedition. This would not only be out of character for a respected figure like Mueller, but also could be damaging to the President of the United States and his family -- and by extension, to the country. 7167
The Illinois Department of Public Health is investigating nine recent cases of acute flaccid myelitis, also called AFM, according to a statement Wednesday.All of the cases are in patients younger than 18 and have been clinically diagnosed by health care providers, the statement said. State health officials are working with the care providers to obtain the samples and information to send to the US Centers for Disease and Prevention for testing and confirmation of the diagnoses."The CDC will make the final determination on diagnoses and numbers are subject to change," the statement said.All of the patients are "from northern Illinois," according to the health department, but no other location information was provided.Since 2015, when Illinois began monitoring reports of AFM in the state, four confirmed cases have been identified.AFM is a polio-like illness that affects a person's nervous system, including the spinal cord. Symptoms can include sudden limb weakness, loss of muscle tone and reflexes, facial and eyelid drooping, facial weakness, difficulty moving the eyes, swallowing difficulty or slurred speech, according to the CDC.The rare condition can be caused by a virus, a genetic disorder and environmental toxins.There is no treatment other than managing each patient's symptoms.Dr. Rachel Herlihy, the Colorado state epidemiologist, said the best prevention is frequent handwashing and keeping kids home when they are sick.On Tuesday, the Colorado Department of Health said?it has confirmed 14 cases there this year. All of the patients are children who have needed to be hospitalized, the department said, noting that "nearly all have fully recovered.""The state health department has been monitoring this situation closely since early spring. In addition to investigating the outbreak, the state health department has issued alerts to health care providers on how to test for the viruses and enhanced guidance to child care centers on infection prevention," the department said in a statement.The type of viruses found in 12 of the Colorado cases, enterovirus, typically increases in summer and fall and is common, the state department of health said. However, 11 of the Colorado cases of AFM have tested positive for EV A71, a rare type of enterovirus not usually seen in the US, rather in Asia and other parts of the world, according to Herlihy. "This is certainly the largest outbreak of enterovirus A71 we've seen in Colorado."She referred to these 11 cases as an outbreak within an outbreak. "We have 41 cases of children who have had some sort of illness of enterovirus A71, which is causing a wide spectrum of neurological illness."In previous years, cases of AFM in Colorado and elsewhere have been positive for a different enterovirus, EV-D68.On Friday, the Minnesota Department of Health said it was investigating six cases of AFM in children over the past few weeks but did not identify what virus or other cause may have led to the illnesses.As of September 30, according to the CDC, 38 cases of AFM have been confirmed in 16 states. This does not include all of the 14 cases announced by Colorado, as some of those cases were confirmed after September 30. It also does not include the cases in Minnesota or Illinois, as they are not confirmed.Since August 2014, when the CDC began tracking the illness more closely, the agency has reported 362 cases.In 2017, 33 cases were reported in 16 states. One hundred forty-nine cases were reported in 39 states in 2016 and 22 cases in 17 states in 2015. 3570
The New York state attorney general's civil lawsuit against the Donald J. Trump Foundation, President Donald Trump and his three eldest children can proceed after a state court judge on Friday denied their motion to dismiss the case.In her decision, Justice Saliann Scarpulla ruled that a sitting president can face a civil lawsuit in state court for actions not taken in his official capacity. That ruling puts Scarpulla in agreement with another recent ruling against Trump, a decision in the defamation lawsuit brought against him by Summer Zervos, a former contestant on "The Apprentice."And, Scarpulla said, it is in line with the US Supreme Court's 1997 ruling concerning President Bill Clinton in response to Paula Jones' sexual harassment lawsuit."Allowing this action to proceed is entirely consistent with the Supreme Court's holding in Clinton v. Jones that the President of the United States is 'subject to the laws for his purely private acts,'" Scarpulla wrote.As she did in court in October, the judge noted that Trump has appealed the Zervos decision, and if the appeals court rules in his favor, the attorney general's office would likely need to amend its lawsuit to remove Trump himself as a defendant.The Trump Foundation case is being considered in the New York Supreme Court, the state's trial court.The suit, filed in June, names as defendants the foundation, Trump and his children Eric, Donald Jr. and Ivanka Trump, all of whom sat on the charity's board. It alleges that they violated federal and state charities law with a "persistent" pattern of conduct that included unlawful coordination with the 2016 Trump presidential campaign.The attorney general's office, led by Barbara Underwood, is seeking to dissolve the Trump Foundation and wants .8 million in restitution, plus additional penalties. The office is also seeking to ban Trump from serving as a director of any New York nonprofit for 10 years and to prohibit the other board members, the Trump children, from serving for one year."As we detailed in our petition earlier this year, the Trump Foundation functioned as little more than a checkbook to serve Mr. Trump's business and political interests," Underwood said in a statement Friday. "There are rules that govern private foundations — and we intend to enforce them, no matter who runs the foundation."An attorney for the defendants, Alan Futerfas, said "the decision means only that the case goes forward. As we have maintained throughout, all of the money raised by the Foundation went to charitable causes to assist those most in need."He added: "As a result, we remain confident in the ultimate outcome of these proceedings."The judge gave the defendants 45 days to respond to the lawsuit. 2745
The mother of a Florida child who was punched in the face by an adult is wondering why the man was not arrested. “He was screaming at us, cursing at us, calling us the 'n-word' and he came down to the middle of his yard, and I was like 'who are you talking too,' and he said 'come within arm's reach and I'll show you who I'm talking to,'" said Malikai Villatte, the 12-year-old boy who was punched. A picture of Malikai after the incident showed his two front teeth were knocked out. The young boy also received stitches to heal a gash on his mouth. “When I realized my teeth were dangling in my mouth it was kind of shocking, I didn't know what was going on," Malikai said. “It was like a nightmare, I just knew I had to get there and I had to get there fast," said Malikai's mother Brittany Graham. His parents are upset because the man who punched Malikai was not arrested. Lataevion Graham, 13, says he witnessed the incident and claims Cerfalo spat on them after punching Malikai. Graham's father says he wants justice for the children. “Where it is okay for an adult to take the law into their own hands, and to strike a kid hard enough to knock out his teeth. Where is that acceptable, in what country is that acceptable?" said Larry Graham. According to a Charlotte County Sheriff’s Office incident report, the man who punched Malikai was 27-year-old Vincent Cerfalo.“Originally this is where the altercation took place, right here," Cerfalo said.“I told them to back off and if they come on my property I'm going to defend myself. They said, 'you won't hit us, you won't hit us,' and they started to surround me," said Cerfalo. He says it all started when he yelled at the kids to get out of the road because they were blocking traffic.A cellphone video captured the moments after Malikai was punched. Cerfalo claims he was acting in self defense.“He touched me and I lifted my hand out, and I ended up hitting him. It was not my intention to hit anybody that hard, it was not my intention to knock teeth out or do harm, or cause any kind of trouble,” Cerfalo said.The children say no one touched Cerfalo at any time during the incident. Cerfalo says he never expected things to escalate to violence. He now plans to press charges against 12-year-old Malikai for assault, which the child’s parents can’t understand. “He's not going to jail, nothing is happening to him and he's basically getting away with it right now," Malikai said.“I want the man in jail," said Brittany Graham. The case has been sent to the state attorney’s office, which will determine if a summons will be issued to Malikai for assault. 2750
The Navy’s newest, most high-tech nuclear submarines use at least one piece of technology that millions of children use every day — a video game controller.According to The Virginian-Pilot in Norfolk, Virginia, the Navy is replacing traditional periscopes on its Virginia-class nuclear submarines with high resolution cameras that will be controlled with Xbox 360 controllers.According to the Virginian-Pilot, the cameras were originally designed to be controlled with a “helicopter-style” joystick. That design was quickly dropped after officials got feedback from a group of Navy junior officers.Lt. j.g. Kyle Leonard, the assistant weapons officer on the USS John Warner — one of the Virginia-class submarines based in Norfolk — told the Virginian-Pilot that many sailors found the joystick clunky to hold and hard to use.The solution? Integrate a tool that nearly every American kid uses on a daily basis.According to WRC-TV, the controllers are more than just functional. The Xbox controllers will set the Navy back about apiece, while the old system cost nearly ,000.Alex Hider is a writer for the E.W. Scripps National Desk. Follow him on Twitter @alexhider. 1180