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President Obama’s Last Chance to Show Mercy – New York Times


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President Obama's Last Chance to Show Mercy
New York Times
President Obama did the right thing in granting clemency to Chelsea Manning, who was sentenced to 35 years in prison for leaking huge amounts of classified information about American diplomatic and military activities in 2010. Ms. Manning, who has ...
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President Obama's Last Chance to Show Mercy - New York Times

Last chance for Obama to sneak in Garland to the Supreme …

A last-ditch effort for President Obama to try and punch Merrick Garland through to the Supreme Court to replace the late Justice Antonin Scalia is unlikely.

A new Congress starts at noon Tuesday and theres no active chatter that the Obama administration has anything in the works or is even contemplating a bizarre, extra-Constitutional power play. If nothing else, the concept is gaining attention in various legal, parliamentary and journalistic salons.

There will be a five minute window between when the 114th Congress adjourns and when the 115th Congress convenes. This little window of opportunity could give Obama the unprecedented opportunity to make an intersession recess appointment, bypass the traditional confirmation process and install Garland on the Supreme Court.

In 2014, the High Court ruled that the executive branch of government cant tell the legislative branch of government what it believes constitutes a Congressional recess. However, its clear that Congress is out of session between the 114th and 115th Congresses.

President Teddy Roosevelt seized the short period between the two Congresses to make 168 appointments to various executive branch and judicial posts widely viewed as a remarkable power grab.

The possibility of a Roosevelt-esque power play would be seen as foolish from a strategic standpoint, according to one Senate GOP leadership aide.

"They would trade a short-term on SCOTUS, for a full-time, lifetime tenured seat on the DC Circuit. And that's assuming that SCOTUS would let it stand, the aide told Fox News.

Thats a reference to the fact that recess appointments only last for a short period. Whereas, Garland is currently serving on arguably the most important court, save for the Supreme Court. And it is a lifetime opportunity unless Garland were to give it up for a chance on the higher court for a couple years. In other words, as a recess appointment, Garland would have to face Senate confirmation at some point.

Also, incoming Senate Minority Leader Chuck Schumer, D-NY, is a dealmaker. He has to work with the GOP majority. Schumer must also protect vulnerable Senate Democrats facing tough reelections this year. If the Democrats pull the Garland trick, Senate Majority Leader Mitch McConnell would shut off the tap to the Democrats.

A stunt like this with Garland would be the thermonuclear option.

Additionally, a move like this is something that no one on Capitol Hill is talking about. Its just not a topic of conversation. For their part, Senate Democrats are busy girding for heating confirmation battles as President-elect Trump prepares to take office.

As for the legal ramifications, while there are experts who say such an "intersession" recess appointment could be legal, it's still quite arguable.

Look back at the 2014 Supreme Court decision on recess appointments.

The High Court struck down a series of Obama appointments to the National Labor Relations Board (NLRB). It was a victory for the Senate GOP which brought the case.

As a result, the Republican-run Senate has been very careful to hold "pro-forma" sessions every few days (where the Senate literally gavels in and gavels out after 20 to 30 seconds) to leave no gap under which a recess appointment could be valid. The NLRB case indicated that only if the Senate were gone for more than ten days could an administration consider the Senate as being "on recess." Thus, only then would a "recess appointment" be in order.

That said, the Supreme Court's NLRB decision left a murky area when it comes to the brief period in between sessions of Congress. Regardless, the appointment would be challenged and tied up in the courts.

Fox News Chad Pergram and Kara Rowland contributed to this report.

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Last chance for Obama to sneak in Garland to the Supreme ...

President Obama to host a goodbye party at the White House on …

This post has been updated

January 2017 will definitely see an onslaught of A-list tourists at the White House. But theyre not coming for the inauguration.

President Obama and first lady Michelle Obama will host a goodbye party for close friends and major donors Friday, according to a person with knowledge of the marquee affair. The Obamas themselves confirmed during an interview with People Magazine last month that theyd have one final bash at the White House. The president told a young fan that theyd have a grown up party before packing their bags.

Of course, theres no official word from the White House yet. Typically the Obama administration keeps a tight lid on celebration details until the 11th hour, releasing a just-the-facts statement the day of the event. But the big names thought to be on the guest list have been slowly trickling out this week.

Old standbys such as singer Usher and actorSamuel L. Jackson will most likely be there, according to another person with knowledge of the invitees. Also currently practicing their sweet moves aremedia titan Oprah Winfrey, whosnagged an exit interview with the first lady last monthon her fellow invitee and bestie Gayle Kings network CBS; actor Bradley Cooper, who showed up to the French state dinnersans underpants; Beyonc, who sang at both of Obamas inaugurations, and her husband, rapper Jay Z, are both whispered to be performing. Were also hearing that Stevie Wonder, who has performed at the White House, directorJ.J. Abrams and director George Lucas make the list.

If this star-studded shindig follows the traditional Obama script for private parties, the first couple will be footing the billthemselves as they did for the Prince concert in 2015. Cell phones will be confiscated at the White House security gate and social media crumbs will be few. But afterward, tales of the presidents dance moves and sore feet will make the late-night talk show rounds.

The White House party will act as the kickoff of a goodbye tour of sorts for President Obama, who will head to Chicago todeliver a farewell addressJan. 10.

First lady Michelle Obama sat down with Oprah Winfrey at the White House to discuss her husband's legacy in the wake of Donald Trump's election victory. (Reuters)

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President Obama to host a goodbye party at the White House on ...

Obama to deliver farewell address in Chicago (CNN)

"I'm thinking about them as a chance to say thank you for this amazing journey, to celebrate the ways you've changed this country for the better these past eight years, and to offer some thoughts on where we all go from here," Obama wrote.

President Obama said he was following the precedent set by George Washington, who penned a farewell address to the American people over 220 years ago.

George W. Bush also delivered a farewell address in 2009 from the White House.

"Since 2009, we've faced our fair share of challenges, and come through them stronger," Obama wrote Monday.

"That's because we have never let go of a belief that has guided us ever since our founding -- our conviction that, together, we can change this country for the better."

President Obama has said that while he won't weigh in on every issue once he is out of the White House, he would consider speaking up about issues that go to "core questions" about American values and ideals.

Chicago is where President Obama got his start in politics after graduating from Harvard Law School and where the first family called home before moving to the White House. Obama's presidential library will also be located in Chicago.

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Obama to deliver farewell address in Chicago (CNN)

At Pearl Harbor, Obama says ‘we must resist the urge to …

President Obama and Japanese Prime Minister Shinzo Abe scatteredpetals togetheron the waters of Pearl Harbor on Tuesday in a symbolic act aimed at laying to rest the enmity of the Japanese attack 75 years ago that drew the U.S. into World War II.

In a moment consumed with history, both leaders were fixed on the future. They expressedconcernthat the lessons of the war might be forgotten amid a shifting world order and the anti-internationalist sentiment that has swept over politics around the globe, most notably with the ascendance of President-elect Donald Trump.

Even when hatred burns hottest, even when the tug of tribalism is at its most primal, we must resist the urge to turn inward, Obama said. We must resist the urge to demonize those who are different.

The ceremony was conceived of as an affirmation of close U.S. relations with Japan, once a bitter wartime enemy, andObama and Abe underscored the importance of building bonds between nations and the risks of slipping into isolationism. Their remarks also appeared to bewarnings forTrump, whose divisive campaign took aim at longstanding alliances and stoked fears with harsh rhetoric about immigrants and minorities.

Ours is an alliance of hope that will lead us to the future, Abe said, speaking to World War II veterans after paying tribute at the Pearl Harbor memorial. What has bonded us together is the power of reconciliation, made possible through the spirit of tolerance.

Obama, as has been his custom in public remarks since the election, argued for the merits of his own worldviewwithout naming Trump, saying,There is more to be won in peace than in war.

During the campaign and since his election, Trump haschallenged assumptions about U.S. commitments to the security of Asia. One of the central tenets of Obamas foreign policy was a commitment of resources toward Asia with an eye toward countering the rise of China.

But Trump has obliterated long-established protocols. He spoke with Taiwanese leader Tsai Ing-wendespite the U.S. policy of officially acknowledging no Chinese government other than the one in Beijing. And when he met with Abe last month in New York, Trump brought not a battalion of Asia experts but rather his daughter Ivanka.

Trump also promised last week to expand Americas nuclear arsenal after decades of a deliberate shrinking of the American and Russian stockpiles.

Let it be an armsrace, he told an MSNBC host, unnerving leaders in Asia, where North Korea and China are growing more aggressive.

Though the U.S.-Japan relationship has evolved considerably in recent decades, the healing over World War II has gone more slowly, making Abes visit to Pearl Harbor, and Obamas tripin May to Hiroshima, Japan, the site of one of the two nuclear attacks that ended the war, significant gestures.

Abe became the first Japanese prime minister to make a highly publicized visit to the USS Arizona Memorial, though three of his predecessors are thought to have visited Pearl Harbor more quietly.

Under a bright, sunny sky, Abe and Obama rode a small boat to the white memorial building in the harbor that looks out over the sunken remains of the Arizona, attacked by the Japanese on Dec. 7, 1941, killing2,403 people and thrustingthe U.S. into World War II.Abe laid a wreath in honor of the dead.

Veterans of the war gathered across the harbor to hear Obama and Abe deliver their brief speeches.

Among those in the crowd was Sterling Cale, 95, a sailor at Pearl Harbor on the day of the attack.

Of those killed that day, 1,177 were crew members of the Arizona. It was Cales job to pull bodies from the burning battleship.

Herecalled watching ashes rising from the deck of the ship. He and his crew were able to remove about 100 bodies.

On Tuesday, he looked across the water where the Arizona is submerged.

He did not come hoping to hear Abe apologize, he said.

Sorry is just a word, Cale said. What matters more is the action of coming here and going out there with our commander in chief. That says more than words.

Abe did not issue a formal apology, even as he detailed the horror of the sinking of the Arizona.

Each and every one of those servicemen had a mother and a father anxious about his safety, Abe said. Many had wives and girlfriends they loved, and many must have had children they would have loved watching grow up.

Rest in peace, precious souls of the fallen, he went on. I offer my sincere and everlasting condolences to the souls of those who lost their lives here.

After that somber expression of sorrow, Obama stepped to the lectern and declared the site a symbol of reconciliation.

Today, the alliance between the United States and Japan, bound not only by shared interests, but also rooted in common values, stands as the cornerstone of peace and stability in the Asia Pacific, and a force for progress around the globe, Obama said.

In what may be his final visit with a world leader before he leaves office in January, Obama expressed hope.

As nations and as people, we cannot choose the history that we inherit, he said. But we can choose what lessons to draw from it and use those lessons to chart our own futures.

christi.parsons@latimes.com

Follow @cparsons for news about the White House.

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UPDATES:

5:10 p.m.:This story was updated with more comments from Obama and Abe.

This story was originally published at 3:50 p.m.

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At Pearl Harbor, Obama says 'we must resist the urge to ...