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Rapport Between Donald Trump, Barack Obama Crumbles – Wall Street Journal (subscription)


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Rapport Between Donald Trump, Barack Obama Crumbles
Wall Street Journal (subscription)
The rapport between Barack Obama and Donald Trump is unraveling, with the president convinced that Mr. Obama is undermining his nascent administration and the former president furious over Trump tweets accusing him of illegal wiretapping, people ...
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Rapport Between Donald Trump, Barack Obama Crumbles - Wall Street Journal (subscription)

Analysis: Does Obama Have Grounds to Sue Trump for Libel? – NBCNews.com

President Donald Trump's newest pivot might be his way to divert attention from his own Russia troubles by leveling a Watergate-level conspiracy allegation at former President Barack Obama.

But this latest assertion that Obama ordered illegal surveillance of Trump Tower during the 2016 election tweeted without evidence could get the president into some legal hot water.

Although the law provides a great deal of leeway for political speech, that protection is not all encompassing. And because of the way Trump has leveled unsubstantiated accusations at Obama, he may have libeled his predecessor.

"He's basically stating that Mr. Obama committed crimes, and to state that somebody has committed a crime when it's false is clearly defamatory," said Benjamin Zipursky, who teaches defamation law at Fordham University Law School in New York.

"The question is: Is there enough evidence of serious reckless disregard to send that case to a jury?" Zipursky added. "I don't know what a court would decide on that, but there is some evidence of recklessness."

It's difficult for public figures to win libel cases. Most courts rule against them because the assumption is that they have chosen to make their lives an open book, which means people will talk about them. But past Supreme Court cases have created a basic standard that seeks to answer two legal questions:

The answer to both questions must be yes, and that could be a difficult conclusion to draw.

"What the plaintiff has to show is that the defendant has said, written or tweeted something that is a false statement of fact that harms the reputation of the defendant, and because Obama is a public official, you have to show that it was done with some sort of intent to harm," said Jay Wexler, a professor of constitutional law at Boston University Law School.

Related: What Does It Take to Get a Legal Wiretap?

Despite that high threshold, a fair amount of evidence is beginning to build that Trump might have crossed the legal line.

A senior U.S. official told NBC News that FBI Director James Comey asked the Justice Department over the weekend to publicly reject Trump's claims because they were untrue.

A spokesman for Obama said Sunday that Trump's tweets were "unequivocally false," and James Clapper, the former director of national intelligence, flatly denied any wiretap of Trump Tower on NBC's "Meet the Press."

In addition, it seems that Trump did not try to ask his own administration whether the scenario was true. A senior U.S. official in a position to know told NBC News that Trump "did not consult with the people inside the U.S. government who might know before making this claim."

Then, on Sunday, the White House called for a congressional investigation into illegal wiretapping of the Trump campaign.

"President Donald J. Trump is requesting that as part of their investigation into Russian activity, the congressional intelligence committees exercise their oversight authority to determine whether executive branch investigative powers were abused in 2016," White House Press Secretary Sean Spicer said.

As the evidence that Trump's charge is false piles on top of the proof that he did not try to fact-check it, experts say he is treading on troubling ground.

"I think the plaintiff would claim that it's untrue and the burden would be on Trump, the defendant, to prove truth," Wexler said.

Trump himself has threatened lawsuits against many people and publications since he entered the public eye, but he brought only seven of those cases to court, according to USA Today. Of those seven, he won only one.

Despite the possible case, it is unlikely that Obama would sue Trump for libel. Predecessors tend to give the succeeding president a fair amount of room, and the president is provided some protections from civil suits. The Supreme Court's 1982 decision Nixon v. Fitzgerald found that a president is provided absolute immunity from civil damages and liability while conducting presidential acts.

"President Trump has official immunity from liability and damages," Zipursky confirmed, but it is not clear that judges would view tweeting a defamatory conspiracy theory, without evidence, as a president carrying out his official duties.

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Analysis: Does Obama Have Grounds to Sue Trump for Libel? - NBCNews.com

Obama adds former WH staffer Abraham as foundation adviser – Politico

Barack Obamas aim is to avoid engaging with Trump or doing much politically in the years ahead. | Getty

Barack Obama is continuing to staff his post-presidency with top aides from his presidency, adding Yohannes Abraham as a senior adviser to the Obama Foundation.

Hes coming on for whats expected to be an at least six-month stint as the top deputy to foundation chief executive officer David Simas, Obamas former White House political director.

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According to a foundation official, Abraham will help run day-to-day operations, focusing on building the structure and then recruiting and managing the staff. He'll also work closely with foundation executive director Robbin Cohen, who previously worked for former Commerce Secretary Penny Pritzkers private real estate interests.

Abraham was chief of staff to top Obama adviser Valerie Jarrett running the White House Office of Public Engagement and Intergovernmental Affairs. He also served as a senior adviser to the National Economic Council.

We always asked Yohannes to take on our toughest, most important projects, and he always always exceeded our expectations, said Jarrett. That's why it's no surprise that President Obama asked him to help lay the groundwork for his foundation. I have no doubt Yohannes will tackle this with his characteristic intellect, work ethic, sound judgment, and commitment to excellence."

Abrahams time with Obama goes back to the 2008 campaign.

Since returning from his post-White House vacation last month, Obamas spent most of his time at his new office about a mile from the White House, deciding what his foundation will start out working on and preparing to write a book for which he and his wife signed a $30 million contract last weekall while attempting to stay out of the fray, despite President Donald Trump drawing him in over unsupported accusations on Twitter over the weekend.

Obamas aim, though, is to avoid engaging with Trump or doing much politically in the years ahead, with the aspirations of building a decades-long post-presidency that will compete with his presidency for significance.

I have seen few people who combine exceptional talent, ability to manage people and process to get things done, and fundamental decency like Yohannes, said Jeff Zients, Obamas last director of the National Economic Council.

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Obama adds former WH staffer Abraham as foundation adviser - Politico

Gowdy: No evidence that Obama wiretapped Trump – The Hill

Rep. Trey GowdyTrey GowdyRepublicans shrug off Trump wiretap claims Gowdy: No evidence that Obama wiretapped Trump A guide to the committees: House MORE (R-S.C.) said Monday hes seen no evidence to support President Trumps claim that former President Barack ObamaBarack ObamaRepublicans shrug off Trump wiretap claims FBI head incredulous at Trump wiretapping tweets: report Dem party boss rips Trumps religious discrimination of Muslims MORE wiretapped his office during the presidential race.

I don't think the FBI is the Obama team, and I don't think the men and women who are career prosecutors at [the Department of Justice] belong to any team other than a blindfolded woman holding a pair of scales, Gowdy told Fox News, referencing the Greek goddess Themis, who represents justice and trust.

Trump accused the Obama administration of wiretapping Trump Tower while he was still a candidate, calling it a "Nixon/Watergate" scandal on Twitter.

We have the tools to keep us safe and it's prudent for those tools to be used lawfully and appropriately, Gowdy said on Fox.

If they're not used lawfully and appropriately, there's a paper trail and we'll be able to find it out, he added.

Gowdy, a former prosecutor who led the House select committee investigation into the 2012 Benghazi terrorist attacks, said the Foreign Intelligence Surveillance Act warrant the Obama administration reportedly used would be available for Trump and his team to review.

The Obama team is no longer in charge, so any information the current Department of Justice has that suggests the previous Department of Justice acted inappropriately, they are welcome to release it, Gowdy said.

--This report was updated at 3:13 p.m.

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Gowdy: No evidence that Obama wiretapped Trump - The Hill

White House, offering no evidence, demands investigation of Obama – Los Angeles Times

March 5, 2017, 7:30 a.m.

The White House on Sunday called on Congress to investigate whether former President Obama abused his executive powers in connection with the 2016 campaign, but continued to offer no evidence to back up the claim.

The demand came amid a swirl of claims and counter-claims about Russian meddling in the presidential election. U.S. intelligence agencies have said such interference took place, and connections between the Trump camp and Russia are under investigation by the FBI.

Saturdayon Twitter, President Trump accused Obama of wire tapping his New York headquarters, Trump Tower. He offered no evidence to substantiate the claim, which an Obama spokesman labeled false.

White House Press Secretary Sean Spicer followed up Sunday with a statement citing very troubling reports of politically motivated investigations during the 2016 election campaign. He did not cite the source of the reports.

President Donald J. Trump is requesting that as part of their investigation into Russian activity, the congressional intelligence committees exercise their oversight authority to determine whether executive branch investigative powers were abused in advance of the presidential election, Spicer said in the statement.

The former Director of National Intelligence, James Clapper, interviewed Sunday on NBC's "Meet the Press," said he had no knowledge of any electronic surveillance having taken place at Trump Tower, which served as Trump's headquarters during the 2016 campaign and transition to power after his election.

If a warrant for such surveillance had been obtained by the FBI under the Foreign Intelligence Surveillance Act, I would know that, Clapper said.

Clapper also said a report by the overall U.S. intelligence community did not contain any proof that the Trump camp had worked in concert with the Russians in order to tip the election to him.

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White House, offering no evidence, demands investigation of Obama - Los Angeles Times