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The Memo: Comey allies accuse Trump White House of smear

September 14, 2017 by  
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Former FBI Director James Comey came under attack from the White House for a third successive day on Wednesday — a tactic that drew a furious response from his defenders.

White House press secretary Sarah Sanders said at the daily media briefing that Comey had violated the Privacy Act, a 1974 statute that stipulates how personal information can be used and disseminated by federal agencies. 

The previous day, from the same lectern, she had suggested that a criminal prosecution of Comey should be considered by the Department of Justice (DOJ).

Ben Wittes, a friend of Comey, shot back in a phone call with The Hill.

“It is, substantially, completely frivolous and it would warrant nothing more than amusement were she not doing it from the White House podium,” said Wittes, a legal journalist who is also a senior fellow at the Brookings Institution. 

It was “a disgusting abuse” for the White House press secretary to make such a charge, he alleged.

Democratic Rep. Eric Swalwell (Calif.), a member of the House Intelligence Committee investigating allegations of collusion between Russia and the 2016 Trump campaign, was scathing.

Swalwell told The Hill that the criticisms of Comey were “an attempt to smear the original investigator” into the alleged collusion. 

“This is not what cooperative, innocent people do,” Swalwell said. “Cooperative innocent people work with prosecutors, not against them.”

The barrage against Comey has been ferocious. There is no sign that it will stop anytime soon.

Sanders on Monday defended President Trump’s decision to fire Comey back in May. She accused the former FBI director of “giving false testimony” and “leaking privileged information to journalists.”

On Tuesday, Sanders said that a DOJ prosecution of Comey is “something that certainly should be looked at.” 

And on Wednesday, she said that Trump was “100 percent right” to fire Comey, given the alleged violation of the Privacy Act, among other issues. 

Skeptics insist the repeated attacks on Comey are a political attempt to muddy the waters and undermine the credibility of the former FBI director.

The firing of Comey led ultimately to the appointment of Robert Mueller as special counsel. Mueller can look into allegations of Russian collusion and “any matters that arose or may arise directly from the investigation.” 

Mueller’s probe has been the most persistent problem afflicting Trump. And the question of whether Trump obstructed justice in removing Comey from his post looks like the single gravest point of legal peril. 

Stephen Bannon, Trump’s former chief strategist, described the decision to fire Comey as perhaps the biggest mistake of modern political history in an interview with Charlie Rose of CBS’s “60 Minutes” broadcast Sunday. 

But Jay Sekulow, one of the president’s personal lawyers, is unrepentant. 

Speaking on Wednesday afternoon, he told The Hill, “I think what Sarah said was rather unremarkable, which was that the Department of Justice should look at [a possible prosecution].” 

Referring to the White House more broadly, he stressed, “they didn’t instruct anyone” to mount a criminal prosecution.

Sekulow also highlighted another Comey-related matter that has drawn the attention of Republican politicians and the conservative media.

Late last month, Sens. Lindsey GrahamLindsey Olin GrahamGOP senators make last-ditch bid to repeal ObamaCare Overnight Health Care: Dem leaders keep distance from Sanders single-payer bill | Last-ditch ObamaCare repeal effort struggles for votes | Dems press Trump on ObamaCare outreach funds Gutiérrez defends attacks on Kelly, calls top Trump aide ‘mean’ MORE (R-S.C.) and Chuck GrassleyCharles (Chuck) Ernest GrassleyTrump stirs controversy with civil rights pick Senators worry Colombian peace deal failed to stem cocaine trade Immigration arms race begins on Capitol Hill MORE (R-Iowa) released partial transcripts obtained from the Office of the Special Counsel — a separate body to Mueller’s probe — that showed Comey had begun drafting a statement articulating why he would not recommend charging Hillary ClintonHillary Diane Rodham ClintonThe Hill’s 12:30 Report Chelsea Manning headed to Harvard as visiting fellow Clinton: A lot of ‘interesting coincidences’ between Russia, Trump campaign MORE over her use of a private email while secretary of State.  

The drafting process began while the investigation into the matter was ongoing — and about two months before Comey interviewed Clinton.

The GOP senators then sent a letter to current FBI director Christopher Wray, in which they complained, “Conclusion first, fact-gathering second — that’s no way to run an investigation.” 

Sean Hannity of Fox News Channel, a staunch Trump ally, called Comey a “massive hypocrite” and suggested the investigation into Clinton’s emails be reopened. 

Speaking with The Hill, Sekulow described Comey’s behavior as “preposterous.”

The issue of Comey’s integrity is crucial because of his account of his interactions with Trump. 

In testimony that captivated the political world in June, Comey said that Trump asked him to stop the FBI investigation of former national security advisor Michael Flynn, telling him, “I hope you can see your way clear to letting this go.” 

On an earlier occasion, Comey said, Trump had sought a promise of “loyalty.”

Comey also acknowledged during his testimony that in May, after he had been fired, he passed a memo of the “let it go” conversation with Trump onto a friend. The friend then read some its contents over the phone to a journalist, as Comey intended. 

Comey critics say this amounts to a potentially illegal leak. The former FBI director and his allies say it does not, asserting the memo did not contain classified information and was his personal property.

Either way, details gleaned from Comey’s memo appeared in the New York Times on May 16. The next day, acting attorney general Rod Rosenstein appointed Mueller as special counsel. Trump has been under a cloud ever since.

Department of Justice veterans express shock at the White House attacks on Comey.

Harry Litman, a former deputy assistant attorney general, said that the way Comey’s memo made its way into the media did not rise to the level of any crime, even though it may appear “too cute by half, as a maneuver.”

Litman added that the White House response was “incredibly unusual.”

“This White House has been oblivious to the normal practices of having an arm’s length between the political, executive branch and the Justice Department itself,” Litman said. “It is highly unusual  — and most people would have said improper — for the White House to be suggesting anyone should get prosecuted.”

Peter Zeidenberg, who spent 17 years as a DOJ prosecutor, said the idea that Comey had violated the Privacy Act was “farcical.”

The stakes could not be any higher, with some Democrats suggesting the process could ultimately end in impeachment proceedings. 

Referring to the allegations against Comey, Zeidenberg said the White House seemed to “view this as a political fight — which in some ways it is, because impeachment is a political act. They want to, I think, gin up their base. If they can get [Trump voters] to believe that Comey is the felon who should be prosecuted here, maybe that helps them in their impeachment fight.”

Team Trump is not backing off. 

Sekulow, the personal lawyer, was adamant that Comey’s “leak of the conversation that he had with the president raises serious issues that warrant looking into.”

Comey “has created a situation for himself” through his actions, Sekulow added.

For Democrats like Swalwell, that passes no muster.

“I think it is bordering on witness intimidation,” he said. “James Comey is now a witness for a number of potential different criminal charges. By going after him so publicly, it appears to be an effort to intimidate him, or to chill his testimony.”

“So far,” Swalwell added, “he doesn’t look like he is intimidated.”

The Memo is a reported column by Niall Stanage, primarily focused on Donald TrumpDonald John TrumpAir Force awards 0M contract for initial Air Force One design US ambassador to UK: You’ll like Trump ‘when you get to know him’ Dems: Flynn did not disclose Middle East trip MORE’s presidency. 

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Eight dead after South Florida nursing home’s air conditioning fails following Hurricane Irma

September 14, 2017 by  
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At least eight elderly people died in a sweltering South Florida nursing home after it apparently lost its air conditioning amid ongoing, widespread power outages related to Hurricane Irma.

The deaths, which prompted a criminal investigation Wednesday, were what many feared might happen after Irma knocked out power for millions of people in Florida, a state known for its omnipresent heat. Without the respite of air conditioning, the heat poses a particular threat to Florida’s large population of elderly residents, who are more susceptible to heat-related illnesses.

In Hollywood, Fla., where temperatures are forecast to reach the 90s through the end of the week, authorities were called early Wednesday to the Rehabilitation Center at Hollywood Hills, a nursing home not far from Fort Lauderdale with a troubled history.

What they found was gruesome: Three people inside already were dead, while other patients were in “varying degrees of medical distress,” city officials said. At least five were pronounced dead later, while dozens of the home’s residents were spirited from the stifling building to local hospitals, including Memorial Regional Hospital just down the street.

Those who died — five women and three men — were between the ages of 71 and 99.

“We believe at this time it may be related to the loss of power in the storm,” Tomas Sanchez, the Hollywood police chief, said at a news briefing Wednesday. “It’s a sad event.”

Police later said they are working to determine what caused the tragedy, but early indications pointed at the air conditioning in the facility.

“The initial investigation has determined that the facility’s air conditioning system was not fully functional,” Hollywood city officials said in a statement Wednesday evening. “Portable [air-conditioning] units were being used in the facility, but the facility was excessively hot.”

The first call came in to firefighters at 3 a.m. Wednesday, about a patient believed to be in cardiac arrest, officials said. Firefighters returned to the facility an hour later for a patient with breathing problems, and they then called a state agency with concerns about the facility. When a third call for help came in, more Hollywood Fire Rescue crews were dispatched, and they were joined by Memorial Regional Hospital staff.

“There was no air conditioning,” said Randy Katz, chairman of the department of emergency medicine at Memorial. “The temperatures, particularly on the second floor, were extremely hot.”

Ellie Pina, whose 96-year-old mother Mirelle is a resident at the center, said the facility had been running on generators since the power went out on Sunday while Hurricane Irma swept through Florida. Pina said she and others repeatedly called Florida Power and Light about the lack of electricity and were ignored.

“I told Florida Power and Light the generators were going to give up soon. And it happened,” said Pina, reciting her ticket number, which recorded her seeking help. “I told my husband people were going to die in there. And it happened.”

Florida Power and Light, which said Wednesday it serviced part of the facility, said it extended its sympathies to those who lost loved ones and was limited in what it could say because of the investigation.

Robert Gould, chief communications officer for Florida Power and Light, the state’s largest utility, said during a briefing Wednesday that Broward County did not list the Hollywood facility as critical infrastructure in a hurricane planning meeting earlier this year. Such locations are prioritized for power restoration after a storm because of the services they provide to vulnerable people.

Broward County said in a statement Wednesday that it selected critical infrastructure based on a Florida Power and Light guidance document. Going by this document, the county said, nursing homes were deemed “non-critical.”

On Tuesday, the county said, the nursing home contacted Broward officials to say it had lost power, information the county said it reported to the power company. The nursing home reported later Tuesday that a tree was on a transformer, Broward said, information that was also relayed to the utility.

“Hollywood Hills, when asked if they had any medical needs or emergencies, did not request assistance or indicate any medical emergency existed,” Broward County Mayor Barbara Sharief said in the statement.

Pina said the nursing home’s staff set up portable air conditioners and put patients, clothed in as little as possible, in the hallways close to the cooling units. She was there Monday and Tuesday around noon and said it was extremely hot.

“They were trying to help the people,” she said of the staff, which she said kept calling the utility for help. Pina said she and others also called 911 and received no response. A spokeswoman for the Hollywood police declined to comment beyond a statement the city had released outlining what had happened at the nursing home.

On Wednesday morning, Pina said, she was told by a staffer that “the generators gave up.”

Pina said her mother is hospitalized but doing well. She is among the more than 150 patients taken from the facility to one of the hospitals in Memorial’s system. Katz said they were treated mainly for dehydration, respiratory issues including respiratory failure, heat exhaustion and high fevers.

“There’s no reason patients that age with chronic medical issues should be in a facility without air conditioning,” Katz said.

Federal requirements state that nursing homes must have written, detailed plans and procedures for emergencies and disasters such as severe weather. Kristen Knapp, spokeswoman for the Florida Health Care Association, said hundreds of facilities for the elderly have relied upon backup systems since Irma passed over the state Sunday.

“Throughout this whole process, we haven’t heard of any affected nursing homes operating without a generator,” Knapp wrote in an email.

While Hurricane Irma did not fulfill the most dire forecasts, the storm still managed to wreak enduring havoc across all of Florida. After lashing the state and parts of the Southeast with rain and wind, power outages remained as the chief concerns. Power companies had restored power to millions, but about 3.5 million power company customer accounts in Florida — or one in 3 statewide — still lacked electricity on Wednesday. Utilities have warned it could be days or weeks before the lights come back on in some places.

This presents a particular risk in Florida, where about 1 in 5 residents are 65 or older. People in that age range are more prone to heat-related health problems because they do not adjust as well as younger people to sudden shifts in temperature, are more likely to have chronic medical conditions and often take medications that impact the body’s ability to regulate its temperature, according to the Centers for Disease Control and Prevention.

“The elderly and the young are more susceptible to getting dehydration from the heat,” said David Gifford, senior vice president of the American Health Care Association. “Keeping them well hydrated is important and keeping them as cool as possible.”

The Florida association, which represents more than 4 in 5 nursing homes in the state — it does not represent the Hollywood facility — said about 150 out of nearly 700 facilities in the state did not have full power services restored as of Wednesday.

“As with millions of other Floridians, our centers are coping with the loss of power and infrastructure in the communities that were most affected by the devastation,” the association said in a statement.

Florida Gov. Rick Scott (R), a former hospital chief executive, called the situation at the Hollywood nursing home “unfathomable.”

“I am going to aggressively demand answers on how this tragic event took place,” Scott said in a statement. “Every facility that is charged with caring for patients must take every action and precaution to keep their patients safe — especially patients that are in poor health.”

Scott said he directed two state agencies — the Department of Children and Families and the Agency for Health Care Administration — to work with local authorities on the investigation, and he warned that “if they find that anyone wasn’t acting in the best interests of their patients, we will hold them accountable to the fullest extent of the law.”

According to Scott’s office, the facility had reported as recently as Tuesday afternoon that they had power and access to fans and spot coolers.

The facility’s administrator, Jorge Carballo, said in a statement sent to media outlets that the center had evacuated “due to a prolonged power failure to the transformer which powered the facility’s air conditioning system as a result of the hurricane.” Carballo did not respond to The Washington Post’s requests for comment.

The facility has a history of citations, and it is rated “below average” on the Medicare website. Federal records, court documents and state inspection reports show the facility’s owners and managers had lurched from one problem to another during the past decade, including a federal bankruptcy, allegations of fraud, complaints from residents and repeated documentation of poor care and unsafe conditions.


State inspectors last year found patients who had been left in their night gowns, facing televisions that had been turned off. Others were unshaven and had untrimmed nails, including a man with blackened, jagged nails who had scratched himself raw.

“The facility failed to ensure residents were treated with dignity with respect for their individuality and preferences,” the report found, saying inspectors observed a “failure to address residents in a respectful manner.”

State reports show violations were recorded on 23 visits to the facility since 2010, with the violations in several reports describing systemic mistreatment. Safety also was a repeated concern. Smoke alarms, emergency exits and the nursing home’s emergency generator were cited for deficiencies.

In February 2016, an inspector wrote that the facility failed to maintain its emergency generator to manufacturer and code requirements — and that it wasn’t the first time. More recently, in May, another state official who visited the facility wrote that he found no problems. “All previously cited Fire  Life Safety deficiencies were corrected” and no new deficiencies were found, he wrote.

Those who died at the nursing home in South Florida were part of a death toll that, while relatively low compared to other massive storms, has slowly climbed in recent days.

In Monroe County, which includes the Florida Keys, authorities have begun letting residents trickle in, though that region — where Irma made landfall early Sunday morning — was still assessing the storm’s toll.

“Contrary to reports, no comprehensive assessments have been done to accurately determine percentage of damage or dollar figures,” Monroe County said in a statement Wednesday.

Scott Unger in Key West, Fla., Leonard Shapiro in Fort Lauderdale, Lori Rozsa in Gainesville, Fla. and Wesley Lowery, Julie Tate and Alice Crites in Washington contributed to this report, which has been updated throughout the day.

Further reading:

As Florida recovers from Irma, Jacksonville has historic flooding — and might get more

Why the storm surge forecast for Irma wasn’t so bad, just incomplete

A Marriott rescue ship left stranded tourists behind because they weren’t guests of the hotel

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