TRNS News Notes is brought to you by Victoria Jones. Victoria Jones is the Chief White House correspondent and global analyst of the Washington DC based Talk Radio News Service, where her insight and analysis are made available to over 400 news talk radio stations around the country and internationally.

In the News

  • DEA chief steps down amid sex scandal
  • Trafficking deal: Lynch to get AG vote
  • DoJ probes Baltimore man’s custody death
  • Obama hits Dems on trade
  • Iran bill to Senate: Contentious debate?
  • SCOTUS: Cops can’t hold suspects to wait for drug dogs
  • Cyber bills: Privacy protections?
  • Saudi Arabia ends Yemen bombing/Obama
  • Showdown? Cable giants meet DoJ today
DEA Chief Steps Down Amid Sex Scandal

• Michele Leonhart, the Drug Enforcement Administration’s chief, will step down in mid-May, the DoJ said Tuesday, as the House Oversight Committee planned to examine whether DEA agents divulged secrets at sex parties that Colombian drug lords may have staged (Reuters, TRNS, me)

• The DoJ gave no reason for Leonhart’s decision to retire. In a statement, AG Eric Holder thanked her for her leadership and her “35 years of extraordinary service to the DEA.” Leonhart was grilled in a congressional hearing last week about the parties attended by prostitutes, which took place in Colombia between 2001 and 2005 (was lively stuff)

• Leonhart told the panel there was “no evidence” that sensitive info had been leaked by also acknowledged it was “absolutely” possible that info had been compromised. Rep Elijah Cummings (D-MD), the committee’s top Democrat, called it “incredibly concerning” that according to Leonhart herself, there was a “clear possibility” that info could have been compromised

• After the DoJ announced her departure, Cummings and Committee chair Jason Chaffetz (R-UT) called Leonhart’s retirement appropriate in light of “the testimony we heard before our committee” and an earlier report from the DoJ’s IG. IG’s office couldn’t immediately be reached for comment

Confidential DEA Report

• Oversight Committee officials disclosed to Reuters excerpts from a once-confidential internal DEA report which quoted an agency informant alleging that U.S. agents who took part in the parties had compromised sensitive info (Reuters, me)

• One informant, identified as “Cooperator 2,” was quoted in an excerpt from the DEA report alleging that he believed a second informant – “Cooperator 1” – had “gained info from the U.S. agents by ‘getting their guard down’ through the use of prostitutes and paying for parties.”

• The report says Cooperator 1 “bragged about the parties with prostitutes and how he ‘sold’ the relationship/closeness with the agents” to Cooperator 2.” According to the report, Cooperator 1 also “stated he could easily get the agents to talk.”

• Allegations of sexual harassment and sexual misconduct at the DEA, the FBI, the U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives were also examined in a March report by the DoJ’s IG. The report said that “sex parties financed by “local drug cartels” took place over “several years” inside offices leased by the DEA

• A DEA supervisor told the IG’s office that it was “common for prostitutes to be present at business meetings involving cartel members and foreign officers.” It said prostitutes could easily have had access to sensitive DEA equipment and info, but didn’t allege that such materials had been compromised

 

• President Obama will not use the word “genocide” to describe the massacre of up to 1.5 million Armenians in his annual statement commemorating the historic atrocity later this month. Treasury Sec Jack Lew will travel to Armenia for the 100th anniversary of the genocide (awkward). Obama wants to avoid a rupture with NATO ally Turkey (Politico, me)

 

Trafficking Bill Deal: Lynch to Get AG Vote

• Loretta Lynch is finally on track to be confirmed as the next attorney general. Tuesday morning, the Senate reached a deal to pass a bipartisan human trafficking bill, which clears the way for a vote on Lynch, perhaps Thursday (Eric Holder’s cracking open the bubbly – he’s outta there) (Politico, TRNS, me)

• It all started when Democrats ushered the bill to the floor only to belatedly realize it included abortion language they wanted removed. Democrats then filibustered the measure five times

• As the trafficking impasse deepened, Majority Leader Mitch McConnell (R-KY) tied Lynch’s nomination to the bill, which languished for more than a month as members battled over the abortion restrictions. Lynch has waited more than five months, longer than any other AG nominee since the Reagan era

• Lynch will be confirmed because at least five Republican senators already support her nomination, which needs just a simple majority in the Senate. Still, Minority Leader Harry Reid (D-NV) warned Republicans not to force votes on amendments to the trafficking bill that could destroy the agreement. He said Democrats are prepared to retaliate against Republicans

• But the list of potential amendments include several immigration-related measures, such as one from Sen David Vitter (R-LA), meant to revoke birthright citizenship of certain individuals born in the U.S., and two from Sen Jim Inhofe (R-OK) – one of which allows for indefinite detention of certain immigrants who are in deportation proceedings

Deal Settles Abortion Fight

• The deal announced Tuesday settles a long disputed provision in the trafficking bill that Democrats said amounted to an expansion of abortion restrictions: A restitution fund for victims, funded by fines on traffickers, was barred from paying for abortion procedures (Politico, me)

• After Democrats noticed the provision, the bill was blocked repeatedly by Democrats as both sides exchanged compromises to no avail. That changed last week when McConnell cancelled a fifth vote after Democrats informed him it would fail. Several prominent Republicans criticized Senate Republicans and leaders of both parties worked doggedly to negotiate the deal

• Under the compromise, the restitution account for victims will be funded by both fines on criminal traffickers and the federal govt’s general fund. Health care and medical services for victims will originate from the general fund, where it will be subject to “Hyde amendment” prohibitions on abortion procedures

• Fines collected from traffickers will not be used for health care and instead will fund victims’ legal services and protection from law enforcement, a firewall that satisfies both parties

• Democratic leaders can say they aren’t expanding the Hyde amendment’s reach into privately funded accounts, and the GOP can boast that the bill still contains some abortion restrictions after the grueling battle with Democrats

 

• Prosecutors in Italy say the captain of a migrant boat in the Mediterranean that capsized, crashed the vessel by mistake against a merchant rescue ship. More than 800 people drowned. The captain faces multiple homicide charges. It’s believed up to 60 children could have been trapped below deck when the ship went down (BBC)
DoJ Probes Baltimore Man’s Death in Custody

• The Justice Dept said Tuesday it’s opened an investigation into the death of Freddie Gray, a black man who died of spinal injuries he suffered during an arrest that involved being transported in a police van. They’ll look for evidence whether an officer willfully violated a person’s civil rights by using unreasonable force. Six officers have been suspended (Baltimore Sun AP, me)

• Gray, 25, was taken into custody 12 April after police “made eye contact” with him and another man in an area known for drug activity and the two started running, Baltimore police said. Gray was handcuffed and put in a transport van

• At some point during his roughly 30-minute ride, the van was stopped and Gray’s legs were shackled when an officer felt he was becoming “irate” in the back of the van, police said. He was rushed by ambulance to a hospital. Gray died Sunday – a week after his arrest – of what was described as “a significant spinal injury.” Unknown what happened

• There’s a high threshold for bringing federal civil rights charges against police officers in such cases. Federal investigators must show an officer willfully deprived a person of his or her civil rights by using more force than the law allows, a standard that’s challenging in rapidly unfolding confrontations in which snap judgments are made

• According to court docs, an officer accused Gray of carrying a switchblade, which was discovered in his pocket after he was stopped. “They’ve made concessions on lack of probable cause,” lawyer for the family Billy Murphy said. “Running while black is not probable cause. Felony running doesn’t exist and you can’t arrest someone for looking you in the eye” (yet apparently…)

 

• After the DoJ probe was announced, at least 1,000 people gathered at a previously planned rally at the site of Gray’s arrest. Protesters marched to a police stations a couple of blocks away, chanting and holding signs that read “Black Lives Matter” and “No Justice, No Peace.” More protests were planned for later in the week (AP)

 

Obama Hits Dems on Trade

• President Obama on MSNBC Tuesday hit back at fellow Democrats who oppose his trade initiatives, saying they have their facts wrong on the eve of a key Senate vote. “I would not be doing this trade deal if I did not think it was good for the middle class,” Obama said. Liberals and trade unions say his trade proposals hurt U.S. jobs (AP, me)

• Asked particularly about criticism from Sen Elizabeth Warren (D-MA), Obama said: “I love Elizabeth. We’re allies on a whole host of issues. But she’s wrong on this.” But other top Democrats oppose. Senate Minority Leader Harry Reid (D-NV) told reporters, “I’m not only no, I’m hell no” on Obama’s bid for “fast-track” authority

• The Senate Finance Committee plans to vote today on the fast-track measure. It would renew presidential authority to send Congress trade deals it can endorse or reject, but not amend. One such proposed pact is the long-negotiated Trans-Pacific Partnership, involving the U.S. and 11 other nations

• Few issues divide Democrats more than trade. Obama, like former President Bill Clinton, supports free trade, but most Democratic lawmakers don’t. Republicans generally support trade pacts. But Obama can’t count on them alone to push the fiercely debated bills through the GOP-controlled House and Senate

• Meanwhile Tuesday, a Senate Finance Committee hearing exposed Democratic divisions. Senators including Sherrod Brown (OH) and Debbie Stabenow (MI) expressed concerns, while Mark Warner (VA) and Ron Wyden (OR) support the bill. Senate approval seems likely, but the bill’s fate is less certain in the House – Republicans oppose Obama on principle

 

• Vid: Angry freshman Rep Steve Knight (R-CA) Friday colorfully warned a protester he called “Mike”: “OK Mike, hey. If you touch me again, I’ll drop your ass. Don’t touch me.” The man had firmly shaken Knight’s hand while slapping the congressman’s shoulder. The protest was about immigration “amnesty” – then Knight verbally gets into it with the protesters (santaclarita.com, TPM, me)

Iran Bill Hits Senate

• The Senate could plunge into a heated debate on legislation giving Congress the power to review a nuclear deal with Iran “as early as Thursday,” Sen Ben Cardin (D-MD) said Tuesday. “I don’t think there will be any floor action until next week.” (Hill, Reuters, me)

• Cardin and Sen Bob Corker (R-TN), chair of the Senate Foreign Relations Committee, reached a deal on the Iran bill last week, just hours before a committee vote. The agreement shortened review time while allowing lawmakers to pass a resolution of disapproval on any final deal

• But Republicans have voiced skepticism about the bill. Sen Roy Blunt (R-MO) told reporters, “I can’t think of a similar time when we were trying to negotiate with somebody on one issue and talking about intercepting weapons that they might be sending to Yemen at the same time on a supposedly unrelated issue.”

• Possible 2016er Sen Lindsey Graham (R-SC) on Tuesday outlined his “foundational principles” of any nuclear accord. They include tying Iran’s backing of terrorism to the bargain, allowing inspections of nuclear facilities at any time, and ensuring that sanctions relief is incremental and dependent upon Iran’s compliance with the agreement

• Graham said two things could potentially kill a final deal: No “anytime, anywhere” inspections and “immediate relief of sanctions where they get a bunch of money early on.” Graham’s comments follow a push by Sens Marco Rubio (R-FL) and Mark Kirk (R-IL) for American prisoners in Iran to be released, including WaPo reporter Jason Rezaian, prior to a deal

 

• President Obama’s approval ratings have reached their highest mark in almost two years – new poll from CNN/ORC – 48% of Americans approve of how Obama is running the country, compared to 47% who disapprove, highest since May 2013 (CNN, Hill, TRNS)

 

SCOTUS: Cops Can’t Hold Suspects to Wait for Drug Dogs

• The Supreme Court ruled Tuesday that the Constitution forbids police from holding a suspect without probable cause, even for fewer than 10 minutes. Writing for the court, Justice Ruth Bader Ginsberg wrote, “We hold that a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures.” (Hill, me)

Rodriguez v. United States was brought by a man who was pulled over for driving on the shoulder of a Nebraska highway. After the police pulled him over, checked his license and issued a warning for his erratic driving, the officer asked whether he could walk his drug-sniffing dog around the vehicle

• The driver, Dennys Rodriguez, refused. However, the officer detained him for “7 or 8 minutes” until a backup officer arrived. Then the original officer retrieved his dog. After sniffing around the car, the dog detected drugs, and Rodriguez was indicted for possessing meth. In all, the stop lasted less than 30 minutes

• According to the Court, the search of the car was illegal and the evidence gathered in it shouldn’t be used at trial. While officers may use a dog to sniff around a car during the course of a routine traffic stop, they cannot extend the length of the stop in order to carry it out

• Justices Clarence Thomas, Samuel Alito and Anthony Kennedy disagreed with the ruling. In his dissent, Thomas said the majority’s ruling makes “meaningless” the legal difference between “reasonable suspicion” – which doesn’t authorize a search of someone’s property – and “probable cause,” which does

• Raw vid: Dallas police officers and a good Samaritan save an unconscious man trapped in a burning SUV in a rescue captured on patrol car video. The officers, with the help of the good Samaritan, drag the man to safety as the car fire rages – great reminder that there are good cops out there (AP, me)

Cyber Bills: Privacy Protections?

• With some reservations, the WH came out in support of the House passing its two major cyber bills that are getting floor votes today and Thursday. The measures would increase the exchange of hacking data between the govt and private sector. Companies would receive liability protections when sharing data with civilian federal agencies, such as DHS or Treasury (Hill, me)

• While the Obama admin wants the House to approve the bills, it warns that the overly broad protections in both bills could “remove incentives for companies to protect their customers’ personal information and may weaken cybersecurity writ large.” (why support?)

• Also: “Appropriate liability protections should incentivize good cybersecurity practices and should not grant immunity to a private company for failing to act on information it received about the security of its networks.”

• The majority of 62 amendments offered – most of them privacy-oriented – will not get full House votes. The House will vote on whether the bills should sunset after seven years. An amendment that would require a warrant for law enforcement to access email failed to get a vote – Rules Committee said it wasn’t germane to the cyber bills at hand

• The House will vote today on the House Intel Committee measure, the Protecting Cyber Networks Act (PCNA). A House Homeland Security offering, the National Cybersecurity Protection Advancement Act will hit the floor Thursday. Both bills are expected to receive over 300 votes

 

• President Obama plans to visit the Florida Everglades today, Earth Day, to promote his policies combating climate change. He plans to highlight the potential of a changing climate to wreak havoc on local economies

 

Saudi Arabia Ends Yemen Bombing / Obama

• A Saudi Arabia-led coalition has ended its bombing campaign against rebels in Yemen and has achieved its military goals, Saudi state TV said Tuesday. A new operation, Restoring Hope, would be focused on a political solution in Yemen and on security and counter-terrorism at home (BBC, Hill, TRNS, me)

• Yemen has been in chaos sine the Houthi rebels took control of the capital, Sanaa, in January and placed President Hadi under house arrest. Hadi escaped and took refuge in Aden in Feb, but left the country at the end of March, when the Houthis, backed by units supporting ousted President Saleh, reached the outskirts of Aden

• The coalition’s official objective was restoring the international recognized Yemeni president and destroying the Houthi rebels who overthrew him. The Saudis have claimed victory. But the Yemeni govt hasn’t been restored, Houthi militia is still fighting supporters of the ousted govt and still controls the capital. Plus, al Qaeda has been using the chaos to gain strength

• Pentagon spox Col Steve Warren confirmed Tuesday that Iran has sent a flotilla of nine ships to the waters around Yemen. “They are there – the Teddy Roosevelt along with other U.S. vessels – in the Gulf of Aden because of the deteriorating situation in Yemen,” Warren said. He said the deployment of the Teddy Roosevelt gave the U.S. “options”

• President Obama said in an interview Tuesday on MSNBC, “What we’ve said to them
[Iran] is that if there are weapons delivered to factions within Yemen that could threaten navigation, that’s a problem. We’re not sending them obscure messages; we send them very direct messages about it.” Iran’s FM today called for “urgent humanitarian assistance” in Yemen

• Vine: House Speaker John Boehner (R-OH) kisses House Minority Leader Nancy Pelosi (D-CA) on the cheek and it’s fabulous. It happened at a Rose Garden reception Tuesday to celebrate the passage of a $200 billion Medicare reform package – permanent “doc fix” – that the bipartisan, lovey dovey duo personally helped negotiate (Hill, me)

 

Showdown? Cable Giants Meet DoJ Today

• Comcast Corp and Time Warner Cable Inc will meet with the Dept of Justice today to discuss their planned merger, and Comcast could ultimately walk away from the deal if concessions needed to win approval are too strict, according to people familiar with the matter (Bloomberg, WSJ, Hill, me)

• Staff attorneys in the DoJ’s antitrust division are preparing to recommend blocking the $45.2 billion deal on the grounds that the creation of a nationwide cable giant would hurt consumers, people familiar said last week

• A group of Senate Democrats is ramping up pressure on the DoJ and FCC to block the deal. “Comcast-TWC’s monopoly power to dictate the terms of transactions with programmers will also force companies from across the country to reevaluate their business models, including the content they produce and the prices they charge,” they wrote

• The letters went to FCC chair Tom Wheeler and AG Eric Holder. The effort was spearheaded by Sen Al Franken (D-MN) and signed by Dem Sens Elizabeth Warren (MA), Ron Wyden (OR) and Richard Blumenthal (CT) as well as Sen Bernie Sanders (I-VT). Franken wrote an op-ed Monday calling for the public to mobilize against the deal

• The DoJ and FCC must determine the deal is in the public interest and doesn’t harm competition in order for it to go ahead. As noted in the letter, the merger would give the company a majority share of the broadband internet market and 30% of the cable market (so it doesn’t do me any good as a consumer)

• Pic: A Colorado Springs man has been cited for “killing his computer.” Fed up with fighting it for months, the 37-year-old man took it into a back alley and shot it several times, rendering it inoperable. The police report was titled: “Man Kills His Computer.” A judge will decide what penalty the citation merits… (Yahoo, me)

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_____________________

Victoria Jones – Editor

TRNS’ Nicholas Salazar, Mary Jarvis and Washington Desk contributed to this report

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