Indian-American Lawyer Preet Bharara Fired After Refusing To Quit

March 12, 2017

Washington, Mar 12: Preet Bharara, one of the most high-profile federal prosecutors in the country, said he was fired Saturday after refusing to submit a letter of resignation as part of an ouster of the remaining U.S. attorneys who were holdovers from the Obama administration, according to people familiar with the matter.

PreetBharara's dismissal was an about-face from President Donald Trump's assurances to the Manhattan-based prosecutor in November, weeks after the election, that he wanted him to stay on the job following a meeting at Trump Tower, according to Bharara.

Two people close to Trump said the president's chief strategist, Stephen Bannon, and Attorney General Jeff Sessions wanted a clean slate of federal prosecutors and were unconcerned about any perception that the White House changed its mind about Bharara. The removal of former president Barack Obama's federal prosecutors is about asserting who's in power, the two said.

The departure of Bharara, the U.S. attorney for the Southern District of New York, capped a confusing sequence of events, beginning Friday, when acting deputy attorney general Dana Boente began making calls to 46 prosecutors asking for their resignations by the end of the day. Requests for resignation are a normal part of a transition of power from one administration to another, although both the Bush and Obama administrations let their U.S. attorneys leave gradually.

During Friday's call with Bharara, the New York prosecutor asked for clarity about whether the requests for resignations applied to him, given his previous conversation with Trump, and did not immediately get a definitive answer, according to a person familiar with the exchange.

When asked Friday whether Bharara was also being asked for a resignation letter, one White House official not authorized to speak publicly said, "Everybody's gone," and would not engage further on the issue.

On Saturday morning, when the administration had still not received Bharara's resignation, Boente attempted to call the U.S. attorney to find out why, but the two men did not immediately connect, according to people familiar with the discussions.

When they finally did speak shortly before 2:30 p.m., Boente informed Bharara that the order to submit his resignation indeed applied to him because he was a presidentially appointed U.S. attorney, according to a Justice Department official with knowledge of the conversation.

Bharara asked Boente if he was firing him and Boente replied that he was asking him to submit his resignation, the official said.

Minutes later, Bharara announced on Twitter that he was out. "I did not resign," Bharara said. "Moments ago I was fired. Being the US Attorney in SDNY will forever be the greatest honor of my professional life."

Bharara sent an email to his staff, asserting again that Boente had removed him from his job.

"Needless to say it is personally very sad for me," the note said. "This is the greatest place on Earth and I love you all. Even on a day when your U.S. Attorney gets fired it is still Thanksgiving because you all still get to do the most honorable work there is to do."

Bharara added that the office "could not be in better hands" than with the deputy U.S. attorney for the Southern District of New York, Joon Kim, whom he called "a tremendous leader and public servant and who loves the office just as much as I do."

Within the Justice Department, some are questioning whether a recent phone call from Trump to Bharara may have contributed to the decision to remove the Obama holdovers, according to a person familiar with the matter.

On Thursday, a White House aide called and left a message for Bharara, saying the president wanted to speak with him, though the prospective topic of discussion was unclear. Bharara consulted his staff and determined that it would probably be a violation of Justice Department protocols for him to speak directly to the president, this person said. That protocol exists in order to prevent political interference - or the appearance of political interference - with Justice Department work.

Bharara then contacted the chief of staff for the attorney general, Jody Hunt, told him of his own determination, and the two agreed that it would be a violation of the Justice Department protocol for Bharara to call the president back. Bharara then called the White House staffer who had left the message and said he wouldn't be talking to the president, and explained why, this person said.

It's unclear whether the Trump call and its aftermath had anything to do with Friday's decision.

Bharara, who was born in India and came to the United States as a child, had a particularly powerful perch in the criminal justice system. The Southern District of New York has 220 assistant U.S. attorneys, making it one of the largest federal prosecutors' offices in the country.

During his tenure, Bharara indicted 17 prominent New York politicians for malfeasance - 10 of them Democrats. Along with his bipartisan prosecutions, Bharara developed a reputation for being tough on insider trading, although he was criticized for the lack of prosecutions that followed the financial crisis.

Bharara was an outspoken man in a job that has been held by vocal and politically aspirant predecessors, including former New York mayor Rudolph Giuliani, FBI Director James Comey and former Supreme Court justice Felix Frankfurter.

There is no indication that the ouster of Bharara stems from a disagreement about a particular case or investigation. While the FBI has been conducting a counterintelligence inquiry looking for evidence of contacts between agents of the Russian government and Trump campaign advisers, and a former campaign adviser to Trump has been part of an investigation into possible overseas corruption, there have been no signs that Bharara's office has been involved in either of those probes or any other inquiries that might touch on the president or people close to him.

On Wednesday, watchdog groups asked Bharara to probe whether Trump has received payments or other benefits from foreign governments through his business interests in violation of the Constitution's emoluments clause, which prohibits top officials from receiving favors or payments from foreign governments.

The president complained on Twitter earlier this month that Obama had ordered wiretapping of Trump Tower during the election season - an accusation that multiple federal law enforcement officials have said is untrue - partly because presidents cannot order the FBI to wiretap Americans, and also because no such surveillance was undertaken. But Bharara was not drawn into that debate, which principally revolved around the Justice Department and FBI headquarters.

Initially after Trump won the presidency, it looked as if Bharara's position was safe. Trump brought up Bharara's name in November during a phone conversation with Sen. Charles Schumer, D-N.Y., whom the president-elect was calling to congratulate on becoming the leader of the Senate Democrats, according to people familiar with the matter. In that conversation, Trump said he was thinking of keeping Bharara in his job, these people said. Schumer praised Bharara and Trump then arranged a meeting with Bharara at Trump Tower.

During the conversation, Trump told Bharara to call Sessions, his nominee for attorney general, who also asked Bharara to stay, people familiar with the conversation said.

When Bharara was leaving, according to one person, he asked the president-elect what he should tell the reporters in the lobby. Trump told Bharara to tell them he was staying on, this person said.

Bharara told reporters afterward that the president-elect, "presumably because he's a New Yorker and is aware of the great work that our office has done over the past seven years," asked to meet with him and discuss whether he would remain in his position.

"We had a good meeting," Bharara said. "I agreed to stay on."

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 15,2020

Stockholm, Jun 15: Nuclear powers continue to modernise their arsenals, researchers said Monday, warning that tensions were rising and the outlook for arms control was "bleak".

"The loss of key channels of communication between Russia and the USA... could potentially lead to a new nuclear arms race," said Shannon Kile, director of the nuclear arms control programme at the Stockholm International Peace Research Institute (SIPRI) and co-author of the report.

Russia and the US account for more than 90 percent of the world's nuclear weapons.

Kile was referring to the future of the New START treaty between the US and Russia, which is set to expire in February 2021.

It is the final nuclear deal still in force between the two superpowers, aimed at maintaining their nuclear arsenals below Cold War levels.

"Discussions to extend New START or to negotiate a new treaty made no progress in 2019," the SIPRI researchers noted.

At the same time, nuclear powers continue to modernise their weapons while China and India are increasing the size of their arsenals.

"China is in the middle of a significant modernisation of its nuclear arsenal. It is developing a so-called nuclear triad for the first time, made up of new land- and sea-based missiles and nuclear-capable aircraft," SIPRI said.

The country has repeatedly rejected Washington's insistence that it join any future nuclear arms reduction talks.

The number of nuclear warheads declined in the past year.

At the start of 2020, the United States, Russia, Britain, China, India, Pakistan, Israel and North Korea together had 13,400 nuclear arms, according to SIPRI's estimates, 465 fewer than at the start of 2019.

The decline was attributed mainly to the United States and Russia.

While the future of the New START treaty remains uncertain, Washington and Moscow have continued to respect their obligations under the accord.

"In 2019, the forces of both countries remained below the limits specified by the treaty," the report said. But both nations "have extensive and expensive programmes underway to replace and modernise their nuclear warheads, missile and aircraft delivery systems, and nuclear weapon production facilities," it added.

"Both countries have also given new or expanded roles to nuclear weapons in their military plans and doctrines, which marks a significant reversal of the post-Cold War trend towards the gradual marginalisation of nuclear weapons."

The Treaty on the Non-Proliferation of Nuclear Weapons (NPT), a cornerstone of the global nuclear non-proliferation regime, celebrates its 50th anniversary this year.

The number of nuclear arms worldwide has declined since hitting a peak of almost 70,000 in the mid-1980s.

The five original nuclear powers -- Washington, Beijing, Moscow, Paris and London -- in March reiterated their commitment to the treaty.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 23,2020

Jun 23: US President Donald Trump has issued a proclamation to suspend issuing of H-1B visas, which is popular among Indian IT professionals, along with other foreign work visas for the rest of the year.

Trump said the step was essential to help millions of Americans who have lost their jobs due to the current economic crisis.

Issuing the proclamation ahead of the November presidential elections, Trump has ignored the mounting opposition to the order by various business organisations, lawmakers and human rights bodies.

The proclamation that comes into effect on June 24, is expected to impact a large number of Indian IT professionals and several American and Indian companies who were issued H-1B visas by the US government for the fiscal year 2021 beginning October 1.

They would now have to wait at least till the end of the current year before approaching the US diplomatic missions to get stamping. It would also impact a large number of Indian IT professionals who are seeking renewal of their H-1B visas.

“In the administration of our Nation's immigration system, we must remain mindful of the impact of foreign workers on the United States labour market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labour,” said the proclamation issued by Trump.

In his proclamation, Trump said that the overall unemployment rate in the United States nearly quadrupled between February and May of 2020 -- producing some of the most extreme unemployment rates ever recorded by the Bureau of Labor Statistics.

While the May rate of 13.3 percent reflects a marked decline from April, millions of Americans remain out of work.

The proclamation also extends till the end of the year his previous executive order that had banned issuing of new green cards of lawful permanent residency.

Green card holders, once admitted pursuant to immigrant visas, are granted "open-market" employment authorisation documents, allowing them immediate eligibility to compete for almost any job, in any sector of the economy, he said.

“American workers compete against foreign nationals for jobs in every sector of our economy, including against millions of aliens who enter the United States to perform temporary work. Temporary workers are often accompanied by their spouses and children, many of whom also compete against American workers,” Trump said.

“Under ordinary circumstances, properly administered temporary worker programmes can provide benefits to the economy. But under the extraordinary circumstances of the economic contraction resulting from the COVID-19 outbreak, certain non-immigrant visa programmes authorising such employment pose an unusual threat to the employment of American workers,” he said.

For example, Trump said, between February and April of 2020, more than 17 million United States jobs were lost in industries in which employers are seeking to fill worker positions tied to H-2B nonimmigrant visas.

“During this same period, more than 20 million United States workers lost their jobs in key industries where employers are currently requesting H-1B and L workers to fill positions,” he said.

“Also, the May unemployment rate for young Americans, who compete with certain J non-immigrant visa applicants, has been particularly high -- 29.9 percent for 16-19-year-olds, and 23.2 percent for the 20-24-year-old group,” he said.

“The entry of additional workers through the H-1B, H-2B, J, and L non-immigrant visa programmes, therefore, presents a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak,” Trump said.

Trump observed that excess labour supply is particularly harmful to workers at the margin between employment and unemployment -- those who are typically "last in" during an economic expansion and "first out" during an economic contraction.

In recent years, these workers have been disproportionately represented by historically disadvantaged groups, including African Americans and other minorities, those without a college degree, and Americans with disabilities, he said.

The proclamation suspends and limits entry into the US of H-1B, H-2B and L visas and their dependents till December 31, 2020. It also includes certain categories of J visas like an intern, trainee, teacher, camp counselor, or summer work travel programme.

The new rule would apply only to those who are outside the US, do not have a valid non-immigrant visa and an official travel document other than a visa to enter the country.

According to the proclamation, it does not have an impact on lawful permanent residents of the United States and foreign nationals who are spouses or child of an American citizen.

Foreign nationals seeking to enter the US to provide temporary labour or services essential to the food supply chain are also exempted from the latest proclamation.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
July 15,2020

Washington, Jul 15: The Trump administration has agreed to rescind its July 6 rule, which temporarily barred international students from staying in the United States unless they attend at least one in-person course, a federal district court judge said on Tuesday.

The U-turn by the Trump administration comes following a nationwide outrage against its July 6 order and a series of lawsuits filed by a large number of educational institutions, led by the prestigious Harvard University and Massachusetts Institute of Technology (MIT), seeking a permanent injunctive relief to bar the Department of Homeland Security (DHS) and the US Immigration and Customs Enforcement (ICE) from enforcing the federal guidelines barring international students attending colleges and universities offering only online courses from staying in the country.

As many as 17 US states and the District of Columbia, along with top American IT companies such as Google, Facebook and Microsoft, joined MIT and Harvard in the US District Court in Massachusetts against the DHS and the ICE in seeking an injunction to stop the entire rule from going into effect.

"I have been informed by the parties that they have come to a resolution. They will return to the status quo," Judge Allison Burroughs, the federal district judge in Boston, said in a surprise statement at the top of the hearing on the lawsuit.

The announcement comes as a big relief to international students, including those from India. In the 2018-2019 academic year, there were over 10 lakh international students in the US. According to a recent report of the Student and Exchange Visitor Program (SEVP), 1,94,556 Indian students were enrolled in various academic institutions in the US in January.

Judge Burroughs said the policy would apply nationwide.

"Both the policy directive and the frequently asked questions would not be enforced anyplace," she said, referring to the agreement between the US government and MIT and Harvard.

Congressman Brad Scneider said this is a great win for international students, colleges and common sense.

"The Administration needs to give us a plan to tackle our public health crisis - it can't be recklessly creating rules one day and rescinding them the next," he said in a tweet.

Last week, more than 136 Congressmen and 30 senators wrote to the Trump administration to rescind its order on international students.

"This is a major victory for the students, organisers and institutions of higher education in the #MA7 and all across the country that stood up and fought back against this racist and xenophobic rule," said Congresswoman Ayanna Pressley.

"Taking online classes shouldn't force international students out of our country," Congressman Mikie Sherrill said in a tweet.

In its July 6 notice, the ICE had said all student visa holders, whose university curricula were only offered online, "must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status".

"If not, they may face immigration consequences, including but not limited to the initiation of removal proceedings," it had said.

In their lawsuit, the 17 states and the District of Columbia said for many international students, remote learning in the countries and communities they come from would impede their studies or be simply impossible.

The lawsuit alleged that the new rule imposes a significant economic harm by precluding thousands of international students from coming to and residing in the US and finding employment in fields such as science, technology, biotechnology, healthcare, business and finance, and education, and contributing to the overall economy.

In a separate filing, companies like Google, Facebook and Microsoft, along with the US Chamber of Commerce and other IT advocacy groups, asserted that the July 6 ICE directive will disrupt their recruiting plans, making it impossible to bring on board international students that businesses, including the amici, had planned to hire, and disturb the recruiting process on which the firms have relied on to identify and train their future employees.

The July 6 directive will make it impossible for a large number of international students to participate in the CPT and OPT programmes. The US will "nonsensically be sending...these graduates away to work for our global competitors and compete against us...instead of capitalising on the investment in their education here in the US", they said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.