Case 2:17-cv-00178-JLR Document 80 Filed 12/13/17 Page 1 of 5 THE HONORABLE JAMES L. ROBART 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 JOHN DOES, et al., Plaintiffs, 10 11 12 v. DONALD TRUMP, et al., Defendants. 13 14 15 16 17 18 CASE NO. C17-0178JLR JEWISH FAMILY SERVICE, et al., SUPPLEMENTAL DECLARATION OF DAVID J. BURMAN IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION (RELATING TO CASE NO. C17-1707JLR) CASE NO. C17-1707JLR Plaintiffs, v. DONALD TRUMP, et al., Defendants. 19 20 21 22 I, David J. Burman, declare as follows: 1. I am a Partner at Perkins Coie LLP and counsel in this action for Plaintiff Jewish 23 Family Service of Seattle and local counsel for other plaintiffs. This declaration supplements my 24 prior declaration in this case, signed November 16, 2017 (Dkt. No. 43). I submit this 25 supplemental declaration in support of Plaintiffs’ Motion for Preliminary Injunction. I am 26 competent to make this declaration and do so upon personal knowledge as indicated. SUPPLEMENTAL BURMAN DECLARATION NO. C17-1707-JLR– 1 137839581.2 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Case 2:17-cv-00178-JLR Document 80 Filed 12/13/17 Page 2 of 5 1 2. Attached as Exhibit A is a true and correct copy of “Trump Shares Inflammatory 2 Anti-Muslim Videos, and Britain’s Leader Condemns Them,” an article from The New York 3 Times on November 29, 2017, which was downloaded from 4 https://www.nytimes.com/2017/11/29/us/politics/trump-anti-muslim-videos-jayda-fransen.html. 5 3. Attached as Exhibit B is a true and correct copy of “White House defends 6 Trump’s Muslim tweet by mentioning travel ban,” an article from CBS News on November 29, 7 2017, which was downloaded from https://www.cbsnews.com/news/white-house-defends- 8 trumps-muslim-tweet-by-mentioning-travel-ban/. 9 4. Attached as Exhibit C is a true and correct copy of “British Far-Right Group 10 Exults Over Attention From Trump,” an article from The New York Times on November 29, 11 2017, which was downloaded from https://www.nytimes.com/2017/11/29/world/europe/britain- 12 first-trump.html. 13 5. Attached as Exhibit D is a true and correct copy of “White House: It doesn’t 14 matter if anti-Muslim videos are real because ‘the threat is real,’” an article from CNBC on 15 November 29, 2017, which was captured from https://www.cnbc.com/2017/11/29/white-house- 16 it-doesnt-matter-if-anti-muslim-videos-are-real-the-threat-is-real.html. 17 6. Attached as Exhibit E is a true and correct copy of “Press Gaggle by Principal 18 Deputy Press Secretary Raj Shah en route St. Louis, MO,” the full transcript of statements to 19 journalists by Administration Press Secretary Shah on November 29, 2017, which was 20 downloaded from https://www.whitehouse.gov/the-press-office/2017/11/29/press-gaggle- 21 principal-deputy-press-secretary-raj-shah-en-route-st-louis. 22 7. Attached as Exhibit F is a true and correct copy of “Principles of the Britain First 23 Movement,” a statement of principles from Britain First, which was captured on December 8, 24 2017 from https://www.britainfirst.org/principles. 25 26 SUPPLEMENTAL BURMAN DECLARATION NO. C17-1707-JLR – 2 137839581.2 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Case 2:17-cv-00178-JLR Document 80 Filed 12/13/17 Page 3 of 5 1 8. Attached as Exhibit G is a true and correct copy of a screen capture of a tweet 2 sent from the Twitter Account @JaydaBF at 1:40 AM PT on November 29, 2017, which was 3 captured from https://twitter.com/JaydaBF/status/935805606447013888. 4 9. Attached as Exhibit H is a true and correct copy of a screen capture of a tweet 5 sent from the Twitter Account @JaydaBF at 11:40 PM PT on November 28, 2017, which was 6 captured from https://twitter.com/JaydaBF/status/935775552102981633. 7 10. Attached as Exhibit I is a true and correct copy of a tweet sent from the Twitter 8 Account @JaydaBF, at 12:40 PM PT on November 28, 2017, which was captured from 9 https://twitter.com/JaydaBF/status/935609305574903812. 10 11. Attached as Exhibit J is a true and correct copy of a supplemental brief filed by 11 the Department of Justice in James Madison Project, et al. v. Dep’t of Justice, Case No. 1:17-cv- 12 00144-APM, on November 13, 2017, which was downloaded from 13 https://assets.documentcloud.org/documents/4200037/Trump-Twitter-20171113.pdf, and is also 14 available on PACER at James Madison Project, et al. v. Dep’t of Justice, Case No. 1:17-cv- 15 00144-APM (ECF No. 29). 16 12. Attached as Exhibit K is a true and correct copy of “How Stephen Miller Single- 17 Handedly Got the U.S. to Accept Fewer Refugees,” an article from The New Yorker on October 18 13, 2017, which was downloaded from https://www.newyorker.com/news/news-desk/how- 19 stephen-miller-single-handedly-got-the-us-to-accept-fewer-refugees. 20 13. Attached as Exhibit L is a true and correct copy of “The real goal of Trump’s 21 executive orders: Reduce the number of immigrants in the U.S.,” an article from The LA Times 22 on February 28, 2017, which was downloaded from http://www.latimes.com/politics/la-na-pol- 23 trump-foreigners-20170228-story.html. 24 25 14. Attached as Exhibit M is a true and correct copy of “Trump lifts refugee ban, but admissions still plummet, data shows,” an article from Reuters on December 8, 2017, which was 26 SUPPLEMENTAL BURMAN DECLARATION NO. C17-1707-JLR – 3 137839581.2 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Case 2:17-cv-00178-JLR Document 80 Filed 12/13/17 Page 4 of 5 1 downloaded from https://www.reuters.com/article/us-trump-effect-refugees/trump-lifts-refugee- 2 ban-but-admissions-still-plummet-data-shows-idUSKBN1E21CR. 3 15. Attached as Exhibit N is a true and correct copy of “Donald Trump’s explanation 4 of his wire-tapping tweets will shock and amaze you,” an article from The Washington Post on 5 March 16, 2017, which was downloaded from https://www.washingtonpost.com/news/the- 6 fix/wp/2017/03/16/donald-trump-explained-twitter-the-universe-and-everything-to-tucker- 7 carlson/?utm_term=.a7ee0324ff04. 8 9 10 11 16. Attached as Exhibit O is a true and correct copy of a screen capture of a tweet sent from the Twitter account @realDonaldTrump at 3:54 AM PT on September 15, 2017, which was captured from https://twitter.com/realdonaldtrump/status/908645126146265090?lang=en. 17. Attached as Exhibit P is a true and correct copy of a screen capture of a tweet sent 12 from the Twitter account @realDonaldTrump at 6:20 PM PT on June 5, 2017, which was 13 captured from https://twitter.com/realdonaldtrump/status/871899511525961728?lang=en. 14 18. Attached as Exhibit Q is a true and correct copy of “Trump recycles discredited 15 Islamic pigs’ blood tale after terrorist attack in Barcelona,” an article from The Washington Post 16 on August 17, 2017, which was downloaded from https://www.washingtonpost.com/news/post- 17 politics/wp/2017/08/17/trump-recycles-discredited-islamic-pigs-blood-tale-after-terrorist-attack- 18 in-barcelona/?utm_term=.2df2c759b776. 19 19. Attached as Exhibit R is a true and correct copy of a screen capture of a tweet sent 20 from the Twitter account @realDonaldTrump at 11:45 AM PT on August 17, 2017, which was 21 captured from https://twitter.com/realDonaldTrump/status/898254409511129088. 22 20. Attached as Exhibit S is a true and correct copy of “The Refugee Processing and 23 Screening System,” published by the United States Department of State, which was downloaded 24 on December 10, 2017, from https://www.state.gov/documents/organization/266671.pdf. 25 26 21. Attached as Exhibit T is a true and correct copy of “Declaration of Lawrence E. Bartlett, Director, Office of Admissions, Bureau of Population, Refugees, and Migration, United SUPPLEMENTAL BURMAN DECLARATION NO. C17-1707-JLR – 4 137839581.2 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Case 2:17-cv-00178-JLR Document 80 Filed 12/13/17 Page 5 of 5 1 States Department of State,” without attachments, filed on January 1, 2016 by the United States 2 of America in Texas Health and Human Services Commission v. United States, No. 3:15-cv- 3 03851 (N.D. Tex.), ECF No. 46-1, which was downloaded from PACER on December 10, 2017. 4 5 6 7 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 13th day of December, 2017, at Seattle, Washington. 8 /s/ David J. Burman David J. Burman 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SUPPLEMENTAL BURMAN DECLARATION NO. C17-1707-JLR – 5 137839581.2 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Case Document 80-1 Filed 12/13/17 Page 1 of 130 Exhibit A Trump Shares Inflammatory Anti-Muslim Videos, and Britain’s Leader Condemns Them - The New York Times Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 2 of 130 POLITICS Trump Shares Infammatory AntiMuslim Videos, and Britain’s Leader Condemns Them By PETER BAKER and EILEEN SULLIVAN NOV. 29, 2017 2863 https://www.nytimes.com/2017/11/29/us/politics/trump-anti-muslim-videos-jayda-fransen.html[12/8/2017 4:26:50 PM] Trump Shares Inflammatory Anti-Muslim Videos, and Britain’s Leader Condemns Them - The New York Times Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 3 of 130 President Trump shared the anti-Muslim videos to his nearly 44 million followers on Wednesday. Tom Brenner/The New York Times WASHINGTON — President Trump touched off another racially charged furor on Wednesday by sharing videos from a fringe British ultranationalist group purportedly showing Muslims committing acts of violence, a move that was swiftly condemned by Britain’s prime minister as well as politicians across the spectrum. The videos Mr. Trump retweeted were titled: “Muslim migrant beats up Dutch boy on crutches!” “Muslim Destroys a Statue of Virgin Mary!” and “Islamist mob pushes teenage boy off roof and beats him to death!” But the assailant in one of them was not a “Muslim migrant” and the other two showed four-year-old events with no explanation. No modern American president has promoted inflammatory content of this sort from an extremist organization. Mr. Trump’s two most recent predecessors, George W. Bush and Barack Obama, both made a point of avoiding public messages that were likely to be seen as anti-Muslim and https://www.nytimes.com/2017/11/29/us/politics/trump-anti-muslim-videos-jayda-fransen.html[12/8/2017 4:26:50 PM] Trump Shares Inflammatory Anti-Muslim Videos, and Britain’s Leader Condemns Them - The New York Times Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 4 of 130 could exacerbate racial and religious animosities, arguing that the war against terrorism was not a war against Islam. But Mr. Trump has shown little such restraint, targeting Muslims with a broad brush, including when he claimed on the campaign trail last year that “Islam hates us” and when he called for a “total and complete shutdown” of Muslims coming to the United States. Since taking office, he has sought to block visitors from select Muslim-majority nations and engaged in a longdistance feud with the Muslim mayor of London, whom he branded weak on terrorism. The messages came at a time when Mr. Trump has been lashing out at an array of perceived adversaries, including the National Football League, CNN, NBC and Democratic leaders. He referred to a senator as “Pocahontas” this week in front of Navajo veterans he was honoring. In a meandering speech in St. Charles, Mo., on Wednesday, Mr. Trump labeled North Korea’s leader a “sick puppy,” asserted that welfare recipients lived better than some people with jobs, noted that his wealthy friends “love their children” and insisted that he did not like some bankers even though he was making their job “easy for them.” Mr. Trump’s unbridled talk of Muslim violence thrilled some conservative supporters who see him as a truthteller breaking from the shackles of political correctness, but it alarmed mainstream political leaders in the United States and Britain, who deemed it reckless and counterproductive. Senator Jeff Flake, Republican of Arizona, who has broken with Mr. Trump, called the postings “highly inappropriate” and added, “I hope he takes them down and doesn’t do it again.” Senator Lindsey Graham, Republican of South Carolina, who lately has been an ally of the president, said Mr. Trump was “legitimizing religious bigotry” with the Twitter posts. “We need Muslim allies in the war on terror,” he said. “I can only imagine how some of our Muslim allies must feel when the president gives legitimacy to it.” The reaction was sharp in London, where Prime Minister Theresa May, the leader of the Conservative Party, denounced the president for sharing material posted by Jayda Fransen, the deputy leader of Britain First, the ultranationalist group. “It is wrong for the president to have done this,” Mrs. May’s office said in a statement. “Britain First seeks to divide communities by their use of hateful narratives that peddle lies and stoke tensions. They cause anxiety to law-abiding people.” David Lammy, a Labour Party member of Parliament, echoed that on https://www.nytimes.com/2017/11/29/us/politics/trump-anti-muslim-videos-jayda-fransen.html[12/8/2017 4:26:50 PM] Trump Shares Inflammatory Anti-Muslim Videos, and Britain’s Leader Condemns Them - The New York Times Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 5 of 130 Twitter. “Trump sharing Britain First,” he wrote. “Let that sink in. The President of the United States is promoting a fascist, racist, extremist hate group whose leaders have been arrested and convicted. He is no ally or friend of ours.” Late in the day, Mr. Trump pushed back against the prime minister. “Theresa,” he wrote on Twitter, initially getting her handle wrong, “don’t focus on me, focus on the destructive Radical Islamic Terrorism that is taking place within the United Kingdom.” Sarah Huckabee Sanders, the White House press secretary, defended the president’s tweets, saying he was talking about the need for national security and military spending. “The threat is real,” she told reporters. “The threat needs to be addressed. The threat has to be talked about, and that’s what the president is doing in bringing that up.” Mr. Trump’s Twitter page on Wednesday morning. https://www.nytimes.com/2017/11/29/us/politics/trump-anti-muslim-videos-jayda-fransen.html[12/8/2017 4:26:50 PM] Trump Shares Inflammatory Anti-Muslim Videos, and Britain’s Leader Condemns Them - The New York Times Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 6 of 130 Some activists on the right expressed appreciation for the blunt talk about the threat from Islamic extremists. “It’s a pretty major undercurrent for all of American politics since 2001, as it should be,” said Mark Krikorian, the executive director of the Center for Immigration Studies, which advocates less immigration. “That’s not news. He just expresses that stuff in the most unfiltered, guy-ranting-in-the-bar” way. The first video distributed by Mr. Trump to his nearly 44 million followers on Wednesday showed a teenage boy attacking another and was presented as footage of a “Muslim migrant” beating a Dutch boy. But according to local officials, both boys are Dutch. The clip was taken in Monnickendam, a small town in the North Holland province of the Netherlands, in May and shows a teenager punching and kicking another boy holding a crutch. Marleen van Fessem, a spokeswoman for the local public prosecutor’s office, confirmed the 16-year-old boy who was arrested after the video came to light was “born and raised in the Netherlands.” Morning Briefing Get what you need to know to start your day in the United States, Canada and the Americas, delivered to your inbox. Sign Up Sign Up SEE SAMPLE PRIVACY POLICY OPT OUT OR CONTACT US ANYTIME The Embassy of the Netherlands in Washington then chided Mr. Trump. “Facts do matter,” it replied to the president on Twitter. The two additional videos were taken in 2013, one in Syria, the other in Egypt, and are provided with no explanation of the political turmoil taking place in those countries at the time, and with no details on the extremist affiliations of one of the men in the video. The president’s decision to share them was in keeping with his habit of disseminating information he has not verified even as he attacks news organizations for producing “fake news.” Two White House aides, who asked not to be identified because they were not authorized to speak publicly, said Mr. Trump found the videos himself. Aides said they believed he spotted one on the Twitter feed of Ann Coulter, the conservative commentator. In an email later in the day, Ms. Coulter said that while she was still https://www.nytimes.com/2017/11/29/us/politics/trump-anti-muslim-videos-jayda-fransen.html[12/8/2017 4:26:50 PM] Trump Shares Inflammatory Anti-Muslim Videos, and Britain’s Leader Condemns Them - The New York Times Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 7 of 130 “annoyed” that Mr. Trump had not yet built the border wall he promised, “I LOVE the president’s tweets!” Responding to the British criticism, she said, “Maybe between blathering about the values of ‘tolerance and respect,’ poor Theresa May might want to ask herself whether the Muslims the U.K. is importing at breakneck speed share these ‘values of tolerance and respect.’” Britain First was partly founded in 2011 by James Dowson, a far-right activist who left the group in 2014 and supported Mr. Trump during the 2016 presidential campaign. The organization calls itself a “patriotic” political party, but has been criticized by human rights activists as an extremist group that seeks to bait Muslims. Ms. Fransen, who has previously been charged in Britain with “religious aggravated harassment,” thanked Mr. Trump for promoting her message. “I’m facing prison for criticising Islam,” she wrote on Twitter. “Britain is now Sharia compliant. I need your help!” THE PRESIDENT OF THE UNITED STATES, DONALD TRUMP, HAS RETWEETED THREE OF DEPUTY LEADER JAYDA FRANSEN'S TWITTER VIDEOS! DONALD TRUMP HIMSELF HAS RETWEETED THESE VIDEOS AND HAS AROUND 44 MILLION FOLLOWERS! GOD BLESS YOU TRUMP! GOD BLESS AMERICA! OCS @JaydaBF @realDonaldTrump pic.twitter.com/BiQfQkTra9 — Jayda Fransen (@JaydaBF) Nov. 29, 2017 In the United States, Mr. Trump’s tweets were welcomed by a former Ku Klux Klan leader, David Duke, who wrote on Twitter: “Thank God for Trump! That’s why we love him!” Trump retweets video of crippled white kid in Europe being beaten by migrants, and white people being thrown off a roof and then beaten to death, He's condemned for showing us what the fake news media WON'T. Thank God for Trump! That's why we love https://www.nytimes.com/2017/11/29/us/politics/trump-anti-muslim-videos-jayda-fransen.html[12/8/2017 4:26:50 PM] Trump Shares Inflammatory Anti-Muslim Videos, and Britain’s Leader Condemns Them - The New York Times Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 8 of 130 him! — David Duke (@DrDavidDuke) Nov. 29, 2017 But they undercut efforts by Mr. Trump’s own administration to dispel the impression that he is anti-Muslim. Jared Kushner, the president’s son-inlaw and senior adviser, had expressed hope that his success at building alliances with leaders from Saudi Arabia and other Arab nations in recent months had put that perception behind them, according to White House officials. James K. Glassman, who as under secretary of state under Mr. Bush was charged with promoting American ideals around the world, said Mr. Trump was “simply playing into the hands of terrorists.” “New recruits are attracted not by some phony version of Islam,” he said, “but by adolescent fantasies of sado-masochism and power and by the idea of being part of a global conflict that’s transfixed and frightened the rest of the world. The president’s retweet just reinforces the narrative. Not good.” Craig M. Considine, a lecturer at Rice University and the author of several books on Muslims in the West, called the tweets an effort to stir up intolerance of Muslims in Western countries and build a case for driving them out. “He’s playing on this fear, whipping up the fear,” Mr. Considine said. “It is completely reckless.” Peter Baker and Eileen Sullivan reported from Washington. Reporting was contributed by Megan Specia, Maggie Haberman, Laurie Goodstein and Mike McIntire from New York; Dan Bilefsky from London; Jonathan Martin and Thomas Kaplan from Washington; and Jim Tankersley from St. Louis. A version of this article appears in print on November 30, 2017, on Page A1 of the New York edition with the headline: Trump Sets Off Furor in Sharing Extremist Videos. Order Reprints Today's Paper Subscribe https://www.nytimes.com/2017/11/29/us/politics/trump-anti-muslim-videos-jayda-fransen.html[12/8/2017 4:26:50 PM] Case Document 80-1 Filed 12/13/17 Page 9 of 130 Exhibit Case Document 80-1 Filed 12/13/17 Page 10 of 130 SHOWS VIDEO CBSN BL, WATSON CBS NEWS 31' White House defends Trump' 5 Muslim tweet by mentioning travel ban Reddit Mo ember2o. 2 .71 2P5 Share Tweet Flipboard Email Last Updated Nov 29, 2017 4:17 PM EST White House deputy press secretary Raj Shah on Wednesday defended the president's decision to retweet anti?Muslim videos from a far?right British account by saying the president has consistently prioritized national security, including through his travel order. The response to a reporter's question aboard Air Force One undermines the government's repeated argument to challenges against its various travel ban versions that the ban had nothing to do with religion. In the past, courts have shot down previous versions of the travel ban because the ban was perceived as discriminatory based on religion. "Does President Trump think Muslims are a threat to the a reporter asked. in light of the president's early-morning retweets. Shah said, "The president has addressed these issues with the travel order that he issued earlier this year, and the companion proclamation. There are plenty of Muslim-majority nations whose citizens can come to the US. without travel restrictions. But those that pose public safety or terrorism threats, for our worldwide security review that was overseen by the Department if Homeland Security. is why there were certain travel restrictions put in place." Shah responded. Tv .1. i - .. Cali 1,1?1 . k:2 .. nter' sttr'm CBS News Always On A Sponsored by Watch No Bladder Cancer Signs You N1 To Know About! Don?t let bladder cancer go unnoticed. this list of early bladder cancer you must not ignore. Watch CBSN Live IEMY I. 1 - United Kingdom EU Ag To Terms Of Split Millions Brace For Winte Otis Redding?s Last Fligt Case Document 80-1 Filed 12/13/17 Page 11 of 130 The White House transcript said Shah said before adding the president has addressed these issues, although that was not picked up by audio. Asked repeatedly in various ways about the retweeted videos, Shah continued to emphasize the president's focus on national security over the course of years. The president will talk about that focus in tweets and speeches, he said. Early Wednesday morning, Mr. Trump retweeted videos originally tweeted by ayda Fransen, deputy leader of the far-right United Kingdom party "Britain First," which aligns itself with an anti-Islam, anti-immigration agenda. The violent videos and images appear to be anti-Islamic in nature. Shah said he wasn't sure if the president was aware of the source of the tweets. lot of folks want to focus on videos," Shah said. "\Ve want to focus on the issues. It's about safety, it's about security." Shah also said. When a reporter pointed out Mr. Trump retweeted videos, Shah responded, "Yeah, but he's raising the issues." White House press secretary Sarah Sanders responded similarly earlier in the day, dismissing the videos while saying the threat to American security posed by extremists is real. Shah also shot down a New York Times story that reported Mr. Trump has privately doubted the authenticity of the "Access Hollywood" tape in which he discusses grabbing women by their private parts, even though Mr. Trump apologized for saying such things last year. The New York Times also reported aides said the president has used behind-doors conversations to revive the debate over the authenticity of former President Barack Obama's birth certi?cate. "On the New York Times story there are a number of inaccuracies in that report," Shah said. "Each of the issues that it brings up the president for quite some time now has addressed. Nothing has changed on his views." When asked what the inaccuracies are, Shah would not elaborate, only adding again that the views of the president and his staff have not changed from the 2016 campaign. 2017 CBS Interactive Inc. All Rights Reserved. Share Tweet Reddit Flipboard Email Watson Watson is a politics reporter for CBS News Digital. Sponsored Links by Taboola "i .1 Human Race Has Peake Palestinian Day Of Rage Israeli Security Forces From "60 Minutes" 50 years of "60 Minutes" Feeding Puerto Rico Wounds of War The Isle of Eigg The little spacecraft that When food is used as a weapon uliimate loss Raisman: I am a victi sexualabuse Case Document 80-1 Filed 12/13/17 Page 12 of 130 Exhibit British Far-Right Group Exults Over Attention From Trump - The New York Times Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 13 of 130 EUROPE British Far-Right Group Exults Over Attention From Trump By DAN BILEFSKY and STEPHEN CASTLE NOV. 29, 2017 42 Jayda Fransen, center, a leader of the far-right organization Britain First, marching in April with supporters in London. https://www.nytimes.com/2017/11/29/world/europe/britain-first-trump.html[12/8/2017 4:23:51 PM] British Far-Right Group Exults Over Attention From Trump - The New York Times Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 14 of 130 Daniel Leal-Olivas/Agence France-Presse — Getty Images LONDON — She organized “Christian patrols,” marched with crosses through heavily Muslim neighborhoods and accosted veiled women to rail against Islam. She was barred from entering any mosque in England. She has been arrested several times, most recently this month, on charges of making threats and abusive remarks. Still, Jayda Fransen, the 31-year-old deputy leader of Britain First, a fringe group that insists that white Christian civilization is under threat from Muslims, had received relatively little attention. That changed on Wednesday, when Britain First got unexpected publicity from President Trump, who recirculated three sometimes misleading videos Ms. Fransen had posted on Twitter that purported to show Muslims engaged in violence. Hours later, Ms. Fransen took to Twitter to thank him. “You’ve shed light on my plight here in Britain, in that I am facing prison for giving a speech in which I criticized Islam,” she wrote. “This is evidence that Britain has become Sharia-compliant,” she added, referring to Islamic law. Mr. Trump’s tweets drew a rare rebuke from a staunch ally, as Britain’s prime minister and British lawmakers from across the spectrum said that he had given a platform to a hate group, one so extreme that it has been shunned even by other far-right organizations, and has attracted the notice of law enforcement. Matthew J. Goodwin, a scholar at Chatham House who studies far-right politics in Britain, said that Britain First was “not really a populist right movement but basically a neo-Nazi one.” It emerged in 2011 as an offshoot of the far-right British National Party, and while it has shown some interest in electoral politics, it is best known for confrontational tactics that have left the authorities aghast and unsettled. “On the scale of far-right groups this is one on the very far right,” Mr. Goodwin said, citing tactics like what the group calls “invasions” of mosques. “Britain First is seen as a pseudo-paramilitary group.” https://www.nytimes.com/2017/11/29/world/europe/britain-first-trump.html[12/8/2017 4:23:51 PM] British Far-Right Group Exults Over Attention From Trump - The New York Times Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 15 of 130 Paul Golding, the leader of Britain First, and Ms. Fransen in February at a Britain First rally in Telford. Rex Features, via Associated Press He added, “They have got what they want, which is global media attention.” Through a spokesman, Mrs. May said that “Britain First seeks to divide communities by their use of hateful narratives that peddle lies and stoke tensions.” Britain’s foreign secretary, Boris Johnson, called Britain First “a divisive, hateful group whose views are not in line with our values.” Some lawmakers from the opposition Labour Party went further, urging Mrs. May, who leads the Conservative Party, to rescind an invitation to Mr. Trump to pay a state visit to Britain. “The US President is normalizing hatred,” one lawmaker, Chuka Umunna, wrote on Twitter. “If we don’t call this out, we are going down a very dangerous road.” In Britain, right-wing groups have come under increasing scrutiny amid concerns that anti-immigrant sentiment and xenophobia are gaining traction in the fraught climate surrounding the decision to leave the https://www.nytimes.com/2017/11/29/world/europe/britain-first-trump.html[12/8/2017 4:23:51 PM] British Far-Right Group Exults Over Attention From Trump - The New York Times Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 16 of 130 European Union. In September, four British Army soldiers were arrested on suspicion of being involved “in the commission, preparation and instigation of acts of terrorism.” At the time, the police said the men were suspected of being members of National Action, a far-right group that was banned last year and that is known for anti-Semitic, homophobic and racist views. In November 2016, Thomas Mair, a man with a history of extreme rightwing beliefs, was convicted of murdering Jo Cox, a Labour Party lawmaker, one week before Britain’s referendum that June on whether to leave the bloc. Witnesses told the police that Mr. Mair had shouted “Britain first!” as he stabbed and shot Ms. Cox to death. (He was not known to have any direct ties to the organization, and the group denied any link.) Britain First has come to the attention of the authorities on several occasions in recent years. In 2015, the police in Bedfordshire, a county north of London, obtained an injunction barring Ms. Fransen and the group’s leader, Paul Golding, from entering any mosque or Islamic center in England and Wales without an invitation. The judge, Justice Robin Knowles of the High Court, also prohibited them from publishing or distributing material likely to stir racial hatred, and from using threatening, abusive or insulting words or behavior. Justice Knowles accepted the police argument that managing Britain First’s demonstrations had placed a large burden on the police at a time of budget constraints. The judge declined, however, to bar Mr. Golding and Ms. Fransen from entering the town of Luton for an anti-Muslim march, as the police had requested. The admonishment by the court did not deter Ms. Fransen. Last year, she returned to Luton for a so-called Christian patrol attended by about 20 associates, who distributed mock newspapers with the headline “World War Three Has Begun — Islam Against the World.” Sign Up for the Race/Related Newsletter Join a deep and provocative exploration of race with a diverse group of New York Times journalists. https://www.nytimes.com/2017/11/29/world/europe/britain-first-trump.html[12/8/2017 4:23:51 PM] British Far-Right Group Exults Over Attention From Trump - The New York Times Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 17 of 130 Sign Up Sign Up SEE SAMPLE PRIVACY POLICY OPT OUT OR CONTACT US ANYTIME In a confrontation the group recorded on video, Ms. Fransen hurled abuse and waved a cross at a woman who was wearing a hijab. She shouted that Muslim men made women cover themselves so that they were not raped. “She came across shouting at me, saying, ‘Why are you covered?’ and she said that quite a few times,” the woman, Sumayyah Sharpe, testified. “I told her it was my choice that I cover. I then turned to the camera and I said, ‘Film me, I’m British, I’m a British Muslim. It’s my choice to wear this clothing and it’s my right.’” Ms. Fransen was convicted of “religiously aggravated harassment” and fined 2,000 pounds, or about $2,700. She did not stop, the authorities said. In May, she was charged with harassment, in Kent, in southeastern England, after she showed up outside the former house of a Muslim man who had been charged in the rape of a teenager. This month, she was arrested in London over a speech she made at an antiterrorism rally in Belfast, Northern Ireland, in August. She was charged with “using threatening, abusive, insulting words or behavior” and is due in court in Belfast on Dec. 14, according to the London police. Ms. Fransen has made some attempts at politics — she was her group’s nominee to run for the European Parliament in 2014, and for the London Assembly in 2016 — without success. Britain First calls itself “a patriotic political party and street movement” but has never come close to electing a member of Parliament. According to Hope Not Hate, a group that works to fight racism, Britain First was initially supported by James Dowson, a former Calvinist minister from Northern Ireland who has expressed support for Mr. Trump, President Vladimir V. Putin of Russia and Britain’s vote to leave the European Union. But he parted ways with Britain First in 2014 over its tactic of “mosque invasions.” Nick Ryan, a spokesman for Hope Not Hate, estimated that Britain First had 1,000 active members and said that it was rudderless and having financial https://www.nytimes.com/2017/11/29/world/europe/britain-first-trump.html[12/8/2017 4:23:51 PM] British Far-Right Group Exults Over Attention From Trump - The New York Times Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 18 of 130 problems. He expressed fear that the attention from Mr. Trump might revive the group. “Trump has thrown fuel on a dying fire,” he said. Sewell Chan and Megan Specia contributed reporting from New York. A version of this article appears in print on November 30, 2017, on Page A1 of the New York edition with the headline: Group Shunned In Britain Basks In Tweets’ Glow. Order Reprints Today's Paper Subscribe Race/Related » Perry Wallace, College Basketball Pioneer, Is Dead at 69 Analyzing Race and Gender Bias Amid All the News That’s Fit to Print As the first black varsity basketball player in Southeastern Conference history, he distinguished himself on the court while battling racism. The artist Alexandra Bell puts The New York Times under the microscope, and offers her own “Counternarratives” of the news. More in Europe » Tillerson Criticizes Germany Inches Closer Saudi Arabia, Citing Its to a New, Old Policies in Yemen and Government Lebanon NEWS World U.S. Politics https://www.nytimes.com/2017/11/29/world/europe/britain-first-trump.html[12/8/2017 4:23:51 PM] Case Document 80-1 Filed 12/13/17 Page 19 of 130 Exhibit Case Document 80-1 Filed 12/13/17 Page 20 of 130 SUBSCRIBE) PRO WATCHLIST Published 1:12 PM ET Wed, 29 Nov 2017 Updated 4:16 PM ET Wed, 29 Nov 2017 CNBC is the need for national security. The need for military spending. White House Press Secretary Sarah Huckabee Sanders said Wednesday that it doesn't matter whether the anti-Muslim videos retweeted by President Donald Trump are real or not, because "the threat is real.? Trump shared three videos on Twitter early Wednesday from the deputy leader of an ultranationalist, far-right fringe group in Britain. Waims to he fiohfino the "lslami7ation" of England, and the graphic videos purported to show Muslims committing violent crimes. The videos were titled, "Muslim Destroys a Statue of Virgin Mary!", "Islamist mob pushes teenage boy off roof and beats him to death!", and "Muslim migrant beats up Dutch boy on crutches!" Within minutes of Trump's retweets, numerous news outlets reported that a number of the videos' titles were false or misleading. Sanders, however, told reporters that by focusing on "the nature of the video, you're focusing on the wrong thing." Todays Mortgage Rate 3.04% APR 15 Year Fixed Select Loan Amount 0 $225,000 Calculate Payment FROM THE WEB Scorsared unis by Tatoo A $500 Intro Bonus Has The Benefit The Arrived 89% of Veterans Havc Redeemed in Washin Locate Anyone By Entering Their Name. This is Addicting Shelves 12 Amazingly Cool Gadgets Flying off Case Document 80-1 Filed 12/13/17 Page 21 of 130 - .51 ?uff I Getty Images White House Deputy Press Secretary Sarah Sanders conducts a daily news briefing at the James Brady Press Briefing Room at the White House May 10, 2017 in Washington. DC. "The threat is real, what the president is talking about, the need for national security and military spending, those are very real things, there's nothing fake about that," she said. Sanders didn't elaborate on exactly what "the threat" was, but Trump has long portrayed Islam as a danger to the United States. Early in his presidential campaign, Trump proposed banning all Muslims from traveling to the United States. Since assuming the presidency, his administration has been locked in a legal battle over its effort to institute a ban on travelers from various majority Muslim countries. - Sanders said Trump was helping to address the "threat? by "bringing it up." Trump book gives an insider look at the 2016 presidential campaign and his rise to power "The threat is real, the threat needs to be addressed, the threat has to be talked about, and that's what president is doing in bringing it up," she said. - Trump's "goal is to promote strong border security and strong national security,? and "whether it's a real video, the threat is real." "That's what the president is taking about, that's what the president is focused on, dealing with those real threats and those are real no matter how you look at it," she insisted. Trump's decision to retweet the propaganda videos drew searing condemnation from around the world on Wednesday, including from America's closest ally: The office of British Prime Minister Theresa May said: "It is wrong for the President to have done this." MORE FROM CNBC mT: Goldman Sachs: Don't sell yet, but time is running out on ?Goldilocks' Democrat intends to force impeachment v< against Donald Trump Greenspan compares bitcoin to Colonial America currency that eventually became worthless 6 things, including bitcoin, that Bill Gross thinks investors need to fear in 2018 Cramer: I don't blame people for buying in1 the bitcoin frenzy, but it could end badly US ambassador casts doubt on whether American athletes will attend Winter Olympics MOST POPULAR Cramer: Bets agai bitcoin will 'annihilate? the digital currency 0 futures begin trad Economy firing or cylinders as November job growth tops hope Final votes by Ser Collins and Rubio GOP tax bill up in iftheir conditions aren't met NASA shared pictures of the California wildfire from space and the images are un Here's our best sh at explaining why bitcoin has been soaring all year Case Document 80-1 Filed 12/13/17 Page 22 of 130 Christina Wilkie Political Reporter for GET POLITICS COVERAGE SENT STRAIGHT TO YOUR INBOX GET THE YOUR MONEY YOUR VOTE NEWSLETTER Get this delive'ed to your nebox? and more info about on products and sew ce: Pvivaq Case Document 80-1 Filed 12/13/17 Page 23 of 130 Exhibit Case Document 80-1 Filed 12/13/17 Page 24 of 130 the WHITE HOUSE PRESIDENT DONALD J. TRUMP Get in Touch BRIEFING ROOM ISSUES THE ADMINISTRATION PARTICIPATE 1600 PENN HOME - BRIEFING ROOM PRESS BRIEFINGS From the Press Office Speeches Remarks I Press Brie?ngs Statements Releases Nominations Appointments Presidential Actions Legislation Disclosures The White House Of?ce of the Press Secretary For Immediate Release November 29,2017 Press Gaggle by Principal Deputy Press Secretary Raj Shah en route St. Louis, MO Aboard Air Force One En Route St. Louis, Missouri 1:45 PM. EST MR. SHAH: We're looking forward to the President's remarks later today. It will be in St. Charles, talking about the need for middle-class tax relief and business tax relief. The focus of today's remarks are going to be on small businesses. He's going to feature two specific small businesses. One is a local small business incubator, and the other is a jewelry business -- they're a retail business that also wholesales to about two and a half dozen different retailers throughout the country. So we're very excited about these remarks, and we're excited about the developments on pushing tax reform and tax cuts. And the President is going to make a push for "Yea" votes. So with that -- yeah. Democrats are saying that the President's tweets have become an impediment to the functioning of government, if you look at what happened yesterday and then the Muslim tweets today. How do you respond that -- that he's :n ?ll??l n: Ania? n? Case Document 80-1 Filed 12/13/17 Page 25 of 130 aLLuauy LIIC way UI LIIC VVUI Ul LIIC SUVCI MR. SHAH: Well, look, we think that it's never the wrong time to talk about security and public safety for the American people. Those are the issues he was raising with the tweets this morning. With respect to the tweets yesterday -- or the tweet yesterday, we think it's very disappointing that Senator Schumer and Leader Pelosi chose to basically pick a ?ght and engage in a stunt rather than actually governing. We've long been very public about our disagreements with Democrats on the issues. But choosing not to talk and not to show up, especially when we're very close to a government funding deadline, is irresponsible, it's reckless, and we find it very disappointing. Is the administration doing anything to prepare for the possibility of a government shutdown? MR. SHAH: Look, there are always contingencies in place, but we hope it doesn't get to that. We really think that Democrats' insistence on attaching amnesty provisions that don't go through the legislative process to must-pass funding bills -- something that Chuck Schumer and other Democrats have warned against in the past. I think Chuck Schumer said that that's the equivalent of an arsonist. So I think you should ask him about what's actually driving the government toward a potential shutdown. Look, we think that it's very important to fund the government. We have vital national security interests from funding our troops to funding our veterans, and, most importantly, the national security threats around the world. We're seeing that, obviously, in the last 24 hours with North Korea's missile test. So, we are not anticipating a shutdown. We think that we'll be able to work together, but the developments of the last 24 hours are discouraging. Zeke. The North Korean government claims now that it has the capacity to strike anywhere in the continental United States with a nuclear-topped missile. Is that the assessment of the US. government? MR. SHAH: I'm not going to get into the details of our assessment, but I will say that the North Korean threat is very grave. It's notjust a threat to the United States or a threat to the region -- or the Korean Peninsula region, but a threat to the entire world and the civilized world. And we're encouraged that more countries are taking more significant steps to help apply as much maximum pressure as we can on North Korea. The President, this morning, mentioned the possibility of new sanctions on North Korea. What was he talking about? MR. SHAH: Well, I'm not going to get ahead of any announcement that's coming. I will say, though, that the maximum pressure campaign that the United States has been a big part of has really yielded a lot of results. seen the toughest sanctions ever imposed on North Korea that the Chinese and Russians have signed onto. We've seen China restrict energy shipments to North Korea. We're seeing dozens of countries engage in different efforts in their bilateral ties with North Korea to cut off both energy, economic ties, and diplomatic ties. So we're seeing more and more steps take place. We'll see future actions by the United States and others, and we're looking forward to applying as much pressure as we can to get to our ultimate goal, which is a denuclearized Korean Peninsula. Can I look back on the tweets this morning? There's two separate ones I want to talk about. The first one is, obviously, the retweets of videos that were said to depict Muslims. One of them has already been sort of shown to ha a I?llclim nr an Th4: nnfirn nf Horicinn fn rnhunnf a Affarurinhf narhl in I I hue Case Document 80-1 Filed 12/13/17 Page 26 of 130 IIVL UK. (1 UI UII I JVI VI, ULLIJIVII LU JUI VI lul IIBIIL PUI L, Usl\- IIUJ drawn condemnation from Downing Street. You might want to highlight security issues, but can't you concede that there's far better ways to do that than retweeting fake videos in a way that upsets our allies? MR. SHAH: The President has been talking about these security issues for years now, from the campaign trail to the White House. He talked about them yesterday at the pool spray. He's going to continue to talk about them on Twitter, he's going to talk about them in speeches, he's going to talk about them in policy -- The security issue, right? But -- MR. SHAH: I think the President raised a security issue that we've been talking about at length. Look, we are now looking at the possibility of a dif?culty in passing government funding legislation because of disagreements on immigration policy. The Democrats' priority is amnesty. Our priority is safety and security. I have no idea what that had to do with a tweet of a video that has nothing to do with Muslims or immigrants or the United States. ljust -- can you make the connection for me? MR. SHAH: The President is raising these security issues that he?s been raising for years. Was the President aware of the source of the tweets that he was retweeting? MR. SHAH: I haven't spoken to him about that. How's the response to Theresa May and her of?ce condemning the President for retweeting those messages today? MR. SHAH: We have the greatest respect -- The President has the greatest respect for the British people and for Prime Minister May. How did those tweets come to his attention -- the Muslim videos? Does he follow those folks? MR. SHAH: Look, we're not going to be focusing on process. I know you guys want to. We're going to be focusing on the -- No, we want to focus on -- we want to focus on why the President is retweeting from a far-right, anti-Muslim party that's been condemned by the British leadership. MR. SHAH: Again, we're going to be focusing on the issues that are being raised, which is safety and security for the American people. We're talking about extreme vetting policies, ensuring that individuals who come to the United States do not pose either a public safety or a terrorism threat, and the other measures that we want to take. For example, ending the visa lottery system that allows individuals to come to the United States, and replacing it with a merit-based system. Remember, the eight individuals who were killed in New York City last month -- the killer, the terrorist came here through the visa lottery system. So the President is going to continue talking about these issues because they're important for the safety and security of this county. Does the President think that Muslims are a threat to the United States? MR. SHAH: No, look, the President has addressed these issues with the travel order that he issued earlier this year and the companion proclamation. There are plenty of Muslim-majority nations whose citizens can come to the United States without travel restrictions. But those that pose public safety or terrorism threats through our worldwide security review that was overseen by the Department of Homeland Security is why there were certain travel restrictions put in place. Case Document 80-1 Filed 12/13/17 Page 27 of 130 I want to ask about -- both another tweet that happened this morning, and a story last night in the New York Times where the President seemed to be forwarding conspiracy theories. The one this morning was the implication, it seemed, that Joe Scarborough was involved, in some way, in the death of an intern in his of?ce. I'm wondering if you could explain ifthere's any other explanation for what the President meant in his tweet. Second is the New York Times story. Has the President, at any point since taking of?ce, voiced doubt over either the authenticity ofthe Access Hollywood tape or the authenticity of President Obama's birth certi?cate? And if so, can you explain why that's changed from the campaign? MR. SHAH: On the New York Times story, there are a number of inaccuracies in that report. Each of the issues that it brings up, the President, for quite some time now, has addressed. Nothing has changed on his views. What were the speci?c inaccu racies? MR. SHAH: I'm not going to get into the details of it, just to state that there are a number of inaccuracies in the report. Nothing that the President or his staff has said publicly has changed. His views on those issues have not changed. And there's nothing -- (Inaudible) publicly? MR. SHAH: You know, there's nothing further to add. And then on -- I'm sorry, what was -- yeah, the -- on the issue -- look, I haven't talked to him about it. I have nothing to add on that. Would the President accept a ?scal trigger in the tax cut legislation that Corker is proposing? MR. SHAH: So we are supportive of ?scal discipline. We think that tax cuts that make American businesses more competitive and bring morejobs to the United States is the way to grow our economy, create more revenue, and ?x any ?scal issues coming forward. We're going to let Congress decide on some of these details, so I don't have speci?cs on that provision, and if we have something forthcoming, I'll let you know. And is the President reaching out to some of these people who are on the fence -- like Senator McCain, Susan Collins? MR. SHAH: Look, you know, he went to the Senate yesterday and, after meeting with the senators, got a yes vote out of the Senate Budget Committee. He's going to continue to engage with Senator Collins, others -- and he's spoken to Senator Collins about some of her concerns. Look, we see a lot of momentum behind this bill. You know, we have passage out of thejudiciary committee, passage out of the budget committee. We're looking fonNard to a vote later this week that we fully expect to pass, and we're looking forward to ?nally get tax cuts passage by Christmas. Raj, have two for you. One of the President's tweets this morning -- the retweets that are being condemned by Muslim groups in the United States as being part of a pattern. Some suggest that the President may be spreading Islamophobia in the United States. Does the President -- the White House want to reassure Muslims in the United States of their security? And what steps does the President take to do that going forward? And secondly, with regards to Theresa May's criticism of the President, does the President still have plans to go England anytime soon? That seems to be -- it was delayed this year. When does he plan on making that trip now? MR. SHAH: Well, there was nothing scheduled on a trip to the U.K., so any announcement will be forthcoming. We ille dnn'f haw: anvfhina on the riaht I Drpcidpnf is: Drpcidpnf nf all Amprirans Case Document 80-1 Filed 12/13/17 Page 28 of 130 Juv? 5 an.) ~u-u-b uvv-w unbu-n hvv", - In?ll??Iii n? - u-I- - u-u were about national security and protecting the safety and security of the American people. Can you explain that? I mean, these were videos of -- now, in one case, a debunked video of some people that a far-right, anti-Islamic group was claiming was violence allegedly committed by Muslims against other unidenti?ed people in grainy videos. Why is that anything to do about security? MR. SHAH: Look, a lot of folks want to focus on the videos. We want to focus on the issues. It's about safety. It's about security. It's about ensuring that individuals that come to the United States don't pose a public safety or terrorism threat. Does the President put the focus -- MR. SHAH: Hang on. He didn't retweet issues; he retweeted videos. MR. SHAH: No, but he is raising the issues. Yeah, but with those videos, ifthe President wants to make a policy point and talk about national security, couldn't he do that in a way that doesn't include fake videos? MR. SHAH: He does do that, often. He did that yesterday and he continues to do that all the time. He's talked about -- extensively about these issues. He's signed presidential proclamations, signed executive orders. He's talked about these issues at quite some length, and today was just another example of it. Senator Lee and Senator Rubio, today, have been ?oating a proposal to sort of bump up the corporate rate to 22 percent. I know that you guys have said a lot of this is getting sorted on Capitol Hill. You've said that corporate rate is one of your bright lines -- red lines, on this. So, can you say whether or not you would support that proposal, speci?cally? MR. SHAH: We do support the child tax credit. We also think that it's important to make businesses more competitive. We would not support raising the corporate rate as outlined in that amendment. You talked about improving -- making improvements for the middle class. Can you give us any examples of what the President is looking for and to make things better for the middle class in this package? MR. SHAH: In this package? Yeah, look, this bill provides signi?cant middle-class tax relief. It provides tax relief in the form of the child tax credit. Both the House and Senate proposals that have moved forward have signi?cant tax relief for middle-class families. A family of four in the median income would receive, on average, an $1,182 tax creditbelieve it's a huge boom for the middle class. All right, folks. Monday to Utah? MR. SHAH: I can't con?rm that. END 1:57 PM. EST Case Document 80-1 Filed 12/13/17 Page 29 of 130 HOME BRIEFING ROOM ISSUES THEADMINISTRATION PARTICIPATE 1600 PENN USA gov Privacy PoIIcy PoIIcy Case Document 80-1 Filed 12/13/17 Page 30 of 130 Exhibit Case Document 80-1 Filed 12/13/17 Page 31 of 130 . BRITAIN FIRST 0203 409 6216 SW. INFO PRINCIPLES ur' THE BRITAIN FIRST MOVEMENT 1. Britain First is committed to the maintenance of British national sovereignty, independence and freedom. Our people must enjoy full self-determination, free from the interference and meddling of foreign organisations, such as the European Union, that threaten the integrity of our political institutions. National sovereignty rests with the British people and our democratically elected Parliament. Britain must be a democratic nation where the will of the people is translated into political action. 2. Britain First is a movement of British Unionism. We support the continued unity of the United Kingdom whilst recognising the individual identity and culture of the peoples of England, Scotland, ?ales and Northern Ireland. abhor and oppose all trends that threaten the integrity of the Union. I, ,1 I .4 3. Britain First is committed to preserving our ancestral ethnic and cultural heritage, traditions, customs and values. We oppose the colonisation of our homeland through immigration and support the maintenance of the indigenous British people as the demographic majority within our own homeland. Britain First is committed to maintaining and strengthening Christianity as the foundation of our society and culture. 4. Britain First is committed to creating a revitalised national economy based on private-enterprise and maximum self-sufficiency within an economic policy that puts the interests of British business, industry, workers and our national requirements before those of political doctrine, international finance or meddling foreign organisations. we stand opposed to unbridled free trade and the importation of foreign labour into our homeland. Case Document 80-1 Filed 12/13/17 Page 32 of 130 5. Britain First stands opposed to all alien and destructive political or religious doctrines, including Marxism, Liberalism, Fascism, National Socialism, Political Correctness, Euro Federalism and Islam. Britain First is a movement of British patriotism and democracy. 6. Britain First is committed to creating a country based on freedom of opinion, expression, and assembly, free from unnecessary regulation or interference from the State. We support the establishment of a national Bill of Rights to guarantee, in law, the aforementioned freedoms for the British people. 7. Britain First is determined that Britain?s armed forces should be used to defend our homeland including our kindred sister nations around the world and should not be deployed in foreign wars that do not serve our national interests. 8. Britain First is committed to a root and branch reform of our corrupt and unaccountable system of government. we demand fairer coverage in the media to candidates seeking election to public office. We demand the end of the monopoly of the old gang parties, whose dominance is maintained by a corporate media that utilises deception and censorship to filter the news according to their own agenda. 9. Britain First is committed to the revitalisation of our farming and fishing sectors and supports policies geared at maximum agricultural self-suf?ciency. We demand resolute action to protect, nurture and preserve our native environment, and areas of natural beauty. Britain First will halt all further unnecessary building on green belt land and we will enact legislation aimed at protecting British wildlife. 10. Britain First is committed to significantly reducing crime in our country by means of rigorous law enforcement and an overhaul of our liberal judiciary. Full support will be given to our police forces who are struggling to hold back a tidal wave of crime. We must end the culture of liberal political correctness that hamstrings law enforcement efforts and creates misery for ordinary, law-abiding citizens. 11. Britain First demands a revolution in national priorities aimed at making Britain a decent, safe, and place to live for its citizens. Elected representatives who abuse public trust and engage in corruption will be severely punished. Genuine British citizens will be put first in housing, jobs, education, welfare and health. British history, traditions, culture and customs will be promoted and given their place at the centre of national life. \?Ve will end the politically correct preference given to ethnic minority groups. Case Document 80-1 Filed 12/13/17 Page 33 of 130 (C) Britain First, PO Box 119, Swanley, Kent, BR8 9DY For more details about how we handle your information, please read our and Case Document 80-1 Filed 12/13/17 Page 34 of 130 Exhibit Case Document 80-1 Filed 12/13/17 Page 35 of 130 a. Jayda Fransen 0 .. @JaydaBF Kl] VIDEO: Muslim Destroys a Statue of Virgin Mary! This media may contain sensitive material. Learn more 1:40 AM 29 Nov 2017 19,112 Retweets 28,262 Likes Aamir Raajpoot - Nov 29 Replying to @JaydaBF They are not Muslims. They are Non Muslims Pretending as Muslims. We have a Surah Mariam In Quran. Then How a Muslim can do it. @JaydaBF it's a Drama Against Muslims 134 L1 112 C9 1.5K Edwin Agili @edwinagili - Nov 29 I hope preach against this to your fellow Muslims If true Muslims continually denounce the so called fake Muslims I think radicalism will go away. However, the so called true Muslims are complicit in their criminal silence when these radicals take over. 103 L1 66 697 Brian H. - Nov 29 Here's an entire website listing Muslims condemning violence. Muslims condemn l? Lislln?sc c: CE?liTn i: on? 52 L1 38 C9 652 Brian H. - Nov 29 This was originally a 712 page spreadsheet. Where exactly is the silence? 31 L1 5 346 Edwin Agili @edwinagili - Nov 29 If you live in a Muslim country or in a country where there are millions of Muslims and interact with them daily will know that there is silence. Listing 5 . Case Document 80-1 Filed 12/13/17 Page 36 of 130 the? opposmon In a websnte IS not enough. Don't get 26 L1 20 C9 369 Brian H. - Nov 29 Living in the US, I'm offended I don?t have a resident Muslim on every corner taking responsibility for. and condemning extremism. 27 Ll 3 207 Edwin Agili @edwinagili - Nov 29 I can understand why know nothing about "true muslim" behaviour. Until do have no right to sit in your corner and talk about something know nothing about. I don't do political correctness. This is real. Go live amongst them and know the difference. 35 T51 10 C2 237 Manik @manikguptal - Nov 29 I live with Muslims. There are 200 million Muslims here in India. They're nice peoplemore replies MAMA DUCK ?mamaduck9370 - Nov 29 Replying to @JaydaBF @realDonaldTrump It's a statue. Not a very good one. Didn't your God say something about graven images? Most of your followers have no problem with setting ?re to their own talisman, the Cross. On other Christian's front lawns. 103 L1 64 1.1K Victor - Nov 29 That might be why they destroyed it (would need a translation though). Islam is very strict with images, and Mary is in the Quran as the mothers of the messengers (Jesus) who Muslims also have to respect like they do any messenger/prophet. Or so I've read. 0 28 L1 14 330 MAMA DUCK @mamaduck9370 - Nov 29 Yes, Islamists have destroyed many icons, like the beautiful ancient Buddgas destroyed by the Taliban. Point is, stirring up anti-Muslim trolls with this vid when you're meant to represent a country that ensures religious freedom is grossly inappropriate St a gift for his base. 47 U. 20 433 Deirdre Trotman @trotman_deirdre - Nov 29 But Mama Duck Islam is a Totalitarian ideology and a 'religion' that orders killing those who leave it - built on Sharia Law Allah's prescription for how to live which can't be altered 25 L1 10 C9 119 MAMA DUCK @mamaduck9370 - Nov 29 There are many atrocities committed by many religions eg Robingyan Muslim's currently fleeing ethnic cleansing by Buddhists. I'm grateful to live in a country that's slowly separating Church from State. Others aren't so lucky. 21 Ll 92 Case Document 80-1 Filed 12/13/17 Page 37 of 130 Exhibit Case Document 80-1 Filed 12/13/17 Page 38 of 130 Jayda Fransen 0 i Follow @JaydaBF VIDEO: Islamist mob pushes teenage boy off roof and beats him to death! This media may contain sensitive material. Learn more 11:40 PM - 28 Nov 2017 18,331 Retweets 28,320 Likes 16K L'l 18K 0 28K A JimmyModerate @JimmyModerate - Nov 30 Replying toe aydaBF Tony Spencer @TonySpencer4 - Dec 4 Because they are not facts, and they are violent. Current court case on one of their supporters: theguardian Britain First supporter drove van at curry house owner, court hears Marek Zakrocki gave Nazi salute and shouted ?white power? before attack outside Harrow restaurant, Old Bailey hears theguaicitian con? Q7 L'l C96 Quintin @QumtinRSA - Dec 4 The Guardian is a propaganda machine, the videos were facts i don't see any sympathy for the victims in the videos, or is isjust their culture? Case Document 80-1 Filed 12/13/17 Page 39 of 130 L11 013 Sharon @RiderBIMead - Dec 4 Replying to @Proper?ryan ?c'ayclaBF @reaDona dTrump No they do not! 0 CL 0 California Deplorable in?del @JasonBInfldel - Dec 3 Replying to 2 L15 ashwag @Ashgag - Dec 5 Have you ever read the Quran! just an advice .. find one and read it .. you will see things differently (3 1 L1 Whyioughta! @mcClezlle - Nov 28 Replying to (ECJayda3: It?s a real shame Islam is now protected by ?hate crime" is so much about it to hate! Think I'll ignore them . 16 L1 18 254 Bryony Mae @brygaltley Nov 29 You hate an entire group of people for the actions of the minority. You seem more like the person to hate. 27 7 219 Whyioughta! @mcClezlle Nov 29 You see religious fanatics throwing people to their death..and YOU hate me? can Case Document 80-1 Filed 12/13/17 Page 40 of 130 Exhibit I Case Document 80-1 Filed 12/13/17 Page 41 of 130 a . Jayda Fransen 0 . Follow . @JaydaBF VIDEO: Muslim migrant beats up Dutch boy on crutches! This media may contain sensitive material. Learn more 12:40 PM - 28 Nov 2017 19,797 Retweets 27,913 Likes (28K RRxI/Snow White @greeneyedbecky - Nov 29 _r Replying to @JaydaBF @realDonaldTrump Deport them all, and ban them from civilized 60 Ll 36 421 Brendan Halpin @Feadpool - Nov 29 What, ban the Dutch? Where should we deport them to if they're already in the Netherlands, I mean it's kinda their 19 Cl 11 847 RR \LSnow White @greeneyedbecky Nov 29 Ban the muslims. Are you really this slow? 0 94 L1 14 293 Brendan Halpin @Feadpool - Nov 29 But there were no Muslims in that video.just two Dutch boy, neither of whom were Muslim, and the attacker was arrested. why do you think that means Muslims should be banned? 0 58 L1 38 1.3K Holly Diet: Nov 29 Brendan is correct. Both of these boys are Dutch. Neither is Muslim. This is completely fake propaganda. Os T513 C278 Chronomad @ChroNomadics - Nov 29 How to make a troll disappear in three easy steps C91 Ed Krassenstein @EdKrassen - Nov 29 Replying to @JaydaBF One Muslim beats up one non Muslim and Trump uses it as an example for a travel ban. One white man uses a gun to kill 60 people and Trump is silent on gun control. Case Document 80-1 Filed 12/13/17 Page 42 of 130 735 L1 2.7K 0 12K Ed Krassenstein @EdKrassen Nov 29 It is disgusting how Trump uses single incidents to stereotype entire groups of people. This is fear mongering. 227 L1 538 4.5K Ed Krassenstein @EdKrassen - Nov 29 America deserves better than this. All Trump cares about is being ?right" and making himself look ?right". (- 78 L1 174 C9 2.4K Ed Krassenstein @EdKrassen - Nov 29 Do you realize how many Muslim men and women are beaten, mocked, and harassed every day in the United States? Trump chooses to Retweet a video of one Muslim man beating one white man. (- 267 L1 379 2.8K Tuxedo Mask @TheLoveBelOw - Nov 29 There is only one purpose to this video and it's to incite violence against Muslims. 171 T3. 177 C2 2.7K Evan @egartley - Nov 29 Oh because they're so peaceful, right? 149 L1 33 1.2K so-siaI-ism @CentristSlayer - Nov 29 Who? Stephen Paddock? The perpetrators of hundreds of mass shootings in America this year 35 L1 15 C9 498 Evan @egartley - Nov 29 You're conviently ignoring the thousands killed each year by RADICAL ISLAMIC TERRORISM, because it doesn?t ?t your narrative. I'm not saying "only? Muslims are doing these things but I am saying that 9 out of 10 times it is a Muslimmore replies Brian Krassenstein? @krassenstein - Nov 29 6 Replying to @JaydaBF The fact that the president retweeted this bigot is disgusting. 598 L1 577 9.3K 5, Brian Krassensteing @krassenstein - Nov 29 The president of the US isjudging an entire religion based ?ght. 0 666 L1 461 C2 5.8K Brian Krassenstein? @krassenstein - Nov 29 Next time 1 see a white guy beating a black guy up I guess it's time to ban whites from America then, 407 L1 575 7.0K Case Document 80-1 Filed 12/13/17 Page 43 of 130 Brian Krassenstein? @krassenstein - Nov 29 Trump is doing everything our parents and teachers tell us not a group by the actions of one. This is the de?nition of bigotry. 5 369 L1 568 5.2K James DeplorableLand @nineracefan1962 - Nov 29 Trump won because the majority want a border wall and controlled migration. 0 345 L1 137 2.3K Seheho - Nov 29 The majority actually voted for the other candidate. 0 293 L1 86 5.2K James DeplorableLand @nineracefanl962 Nov 29 Illegal alien voting excluded. 0 287 L1 68 1.7K George Alexopoulos @georgeasy - Nov 29 Another deplorable on the loose huh? ooze 42 L1 13 1.3K 31 more replies Martin Clouseau @MartinClouseau Nov 29 Replying to @JaydaBF ta RTs for bigoted liars now eh? Look at their previous "exposes" Hate spewing monsters all 6 Britain first 0 L1 0 1 Ij80808 @lj80808 - Nov 29 Replying to @JaydaBF @realDonaldTrump This sort of shit happens all the time 0 L1 9 tbswisher Nov 29 Replying to @JaydaBF @realDonaldTrump I hope they arrested that I hope there are harsher penalties for attacking a handicapped person. That guy should feel emasculated for beating up a guy on a I Case Document 80-1 Filed 12/13/17 Page 44 of 130 5 6 isabelle @bel e_eye - Nov 29 01 L1 C2 1 more reply Laura Bradley @showponymom - Nov 29 Replying to @JaydaBF @IrealDonaldTrump Hey, 2 white American guys shoot up a Las Vegas concert and a church, many killed and hundreds wounded! 0 Cl 0 Images by Alvaro @alvarormorales - Nov 29 Replying to @JaydaBF @realDonaldTrump The attacker wasn't a ?Muslim migrant" but a Dutch national. He also served his time. This is fake. Like the rest of things Trump Cl 0 Joyce @shp4x4 Nov 29 Replying to @JaydaBF @kelrobil?. President Trump does not have white supremacist views. He's a good man. You liberalsjust want to slam him. 08 C94 Summer Williams. @AllegroPack - Nov 29 U. C23 Case Document 80-1 Filed 12/13/17 Page 45 of 130 Exhibit Case Case 2:17-cv-00178-JLR 1:17-cv-00144-APM Document Document 80-1 29 Filed Filed12/13/17 11/13/17 Page Page46 1 of 130 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) JAMES MADISON PROJECT, et al., ) ) Plaintiffs, ) ) v. ) No. 1:17-cv-00144-APM ) DEPARTMENT OF JUSTICE, et al., ) ) Defendants. ) ____________________________________) DEFENDANTS’ SUPPLEMENTAL SUBMISSION AND FURTHER RESPONSE TO PLAINTIFFS’ POST-BRIEFING NOTICES PRELIMINARY STATEMENT The Court has asked defendants Office of the Director of National Intelligence (ODNI), Central Intelligence Agency (CIA), Department of Defense, and Department of Justice to provide “insight on . . . the President’s tweets and what they are, how official they are, are they statements of the White House and the President.” Stat. Conf. Tr. at 6:8-10 (Nov. 2, 2017). When it made its request, the Court referred to the argument in the “final pleading” of plaintiffs James Madison Project and Josh Gerstein “that we just can’t dismiss these tweets out of hand.” Id. at 6:11-12. Going beyond the argument in their “final pleading,” plaintiffs have filed several postbriefing “notices” asserting that the President and the White House Press Secretary have disclosed in five recent statements, including three that are not tweets, that ODNI, the CIA, the National Security Agency (NSA), or the Federal Bureau of Investigation (FBI) has made a final determination as to the veracity of one or more of the factual allegations allegedly contained in the two-page synopsis of the so-called dossier. ECF No. 23 at 1-2; ECF No. 24 at 1-2; ECF No. Case Case 2:17-cv-00178-JLR 1:17-cv-00144-APM Document Document 80-1 29 Filed Filed12/13/17 11/13/17 Page Page47 2 of 130 8 26 at 3; ECF No. 27 at 1-2. Plaintiffs argue on the basis of that assertion that ODNI, CIA, NSA, and the FBI have waived the Glomar responses they have provided to Items 2 and 3 of plaintiffs’ request under the Freedom of Information Act (FOIA), 5 U.S.C. § 552.1 See id. Plaintiffs’ argument is without merit. The government is treating the statements upon which plaintiffs rely as official statements of the President of the United States, but nothing in the statements states or even implies that ODNI, the CIA, NSA, or the FBI has made a final determination as to the veracity of any factual allegation allegedly contained in the two-page synopsis. That fact is dispositive because an official statement cannot waive a Glomar response unless the information disclosed matches exactly the information requested. Neither the President nor the White House Press Secretary has disclosed the basis for any of the statements that he or she has made about the so-called dossier. Plaintiffs complain, in fact, that the President has not done so. Nothing in the statements upon which plaintiffs rely thus constitutes a waiver of the Glomar responses of ODNI, the CIA, NSA, or the FBI to Items 2 and 3 of plaintiffs’ FOIA request. 1 Directed to ODNI, the CIA, NSA, and the FBI, Items 2 and 3 of plaintiffs’ request seeks “final determinations regarding the accuracy (or lack thereof) of any of the individual factual claims listed in the two page synopsis” and “investigative files relied upon in reaching the final determinations referenced in category #2.” ECF No. 7 ¶ 14. The two-page synopsis has not been produced to plaintiffs and plaintiffs do not challenge its withholding pursuant to FOIA Exemptions 1 and 3. 2 Case Case 2:17-cv-00178-JLR 1:17-cv-00144-APM Document Document 80-1 29 Filed Filed12/13/17 11/13/17 Page Page48 3 of 130 8 FACTUAL BACKGROUND The five statements to which plaintiffs point in arguing that the Glomar responses of ODNI, the CIA, NSA, and the FBI to Items 2 and 3 of plaintiffs’ request have been waived are the following: 1. A tweet of October 19, 2017, in which the President said: “Workers of firm involved with the discredited and Fake Dossier take the Fifth. Who paid for it, Russia, the FBI or the Dems (or all)?” ECF No. 25-4.2 2. A tweet of October 21, 2017, in which the President said: “Officials behind the now discredited ‘Dossier’ plead the Fifth. Justice Department and/or FBI should immediately release who paid for it.” ECF No. 25-5. 3. An October 21, 2017, interview conducted by Lou Dobbs of Fox Business. Ex. A at 1.3 Asked during the interview to comment on “efforts by the Hillary Clinton campaign and the Democratic National Committee (DNC) to fund research in [an] attempt to smear his presidential campaign,” the President said: Don’t forget Hillary Clinton totally denied this. She didn’t know anything. She knew nothing. All of a sudden they found out. What I was amazed at, it’s almost $6 million that they paid and it’s totally discredited, it’s a total phony. I call it fake news. It’s disgraceful. It’s disgraceful. Id. 4. An October 31, 2017 press briefing during which the White House Press Secretary was asked to provide a “definition of collusion” that would explain her view that “Trump didn’t All of the tweets to which plaintiffs refer are from @realDonaldTrump, the personal Twitter account President Trump established in 2009 and continues to use to tweet about a variety of topics. 2 3 References to exhibits are to the exhibits to this memorandum. 3 Case Case 2:17-cv-00178-JLR 1:17-cv-00144-APM Document Document 80-1 29 Filed Filed12/13/17 11/13/17 Page Page49 4 of 130 8 collude [with the Russians] but Hillary did.” Ex. B at 9. Her response was: “I think the exchanging [of] millions of dollars to create false information is a pretty big indication.” Id. 5. An interview of the President, broadcast on November 5, 2017, during which he was asked by Sharyl Atkisson to respond to revelations that “the Hillary Clinton campaign . . . funded that so-called dossier.” Ex. C at 2. His response included the following: [W]hen you look at that horrible dossier which is a total phony fake deal like so much of the news that I read when you look at that and take a look at what’s gone on with that and the kind of money we’re talking about it is a disgrace. Id. ARGUMENT NOTHING IN THE STATEMENTS UPON WHICH PLAINTIFFS RELY CONSTITUTES A WAIVER OF THE GLOMAR RESPONSES OF ODNI, THE CIA, NSA, OR THE FBI TO ITEMS 2 AND 3 OF PLAINTIFFS’ FOIA REQUEST. The Court has asked, broadly, about the official status of the President’s tweets. See Stat. Conf. Tr. at 6: 8-10 (asking the parties to “provide insight on . . . the President’s tweets and what they are, how official they are, are they statements of the White House and the President”). In answer to the Court’s question, the government is treating the President’s statements to which plaintiffs point – whether by tweet, speech or interview – as official statements of the President of the United States. The key point, however, is that, regardless of the medium, none of those statements matches the information plaintiff is seeking. Accordingly, the statements cannot constitute a waiver of the Glomar responses that ODNI, the CIA, NSA, and the FBI have provided to Items 2 and 3 of plaintiffs’ request “[L]ike other information withheld pursuant to an exemption, an agency can waive a Glomar response through official acknowledgment.” Mobley v. CIA, 806 F.3d 568, 584 (D.C. Cir. 2015). “An agency’s official acknowledgment of information by prior disclosure . . . cannot be based,” however, “on mere public speculation, no matter how widespread.” Wolf v. CIA, 473 4 Case Case 2:17-cv-00178-JLR 1:17-cv-00144-APM Document Document 80-1 29 Filed Filed12/13/17 11/13/17 Page Page50 5 of 130 8 F.3d 370, 378 (D.C. Cir. 2007). “[A] strict test [thus] applies to claims of official disclosure.’” Moore v. CIA, 666 F.3d 1330, 1333 (D.C. Cir. 2011) (quoting Wilson v. CIA, 586 F.3d 171, 186 (2d Cir. 2009). This test requires the plaintiff to show that “‘the information requested [is] as specific as the information previously released . . . match[es] the information previously disclosed . . . and . . . [has] already . . . been made public through an official and documented disclosure.’” Id. (quoting ACLU v. Dep’t of Def., 628 F.3d 612, 620-21 (D.C. Cir. 2011)); accord ACLU v. Dep’t of Justice, 640 F. App’x 9, 11 (D.C. Cir. 2016); Mobley, 806 F.3d at 583 (D.C. Cir. 2015); Wolf, 473 F.3d at 378; Pub. Citizen v. Dep’t of State, 11 F.3d 198, 202 (D.C. Cir. 1993); Krikorian v. Dep’t of State, 984 F.2d 461, 467-68 (D.C. Cir. 1993); Fitzgibbon v. CIA, 911 F.2d 755, 765 (D.C. Cir. 1990). None of the statements upon which plaintiffs rely identifies information provided by ODNI, the CIA, NSA, or the FBI as the basis for the assertions contained in the statements that the so-called dossier is “discredited,” “phony,” “fake,” or “false.” No “‘match’” therefore exists between anything disclosed in the statements and the information plaintiffs seek in Items 2 and 3 of their FOIA request. See Moore, 666 F.3d at 1333 (quoting ACLU, 628 F.3d at 620). The Court cannot assume that the President was expressing a view based on “some knowledge and understanding” provided by these agencies. Stat. Conf. Tr. at 6:17-18. No waiver of the Glomar responses of ODNI, the CIA, NSA, or the FBI to Items 2 and 3 may therefore be inferred from any of the statements. ACLU v. CIA, 710 F.3d 422 (D.C. Cir. 2013), which the Court referred to at the status conference, does not suggest otherwise.4 See Stat. Conf. Tr. at 7:17-21 The court found in The Court asked whether a Presidential tweet is “the equivalent of” the “public statements and speeches” at issue in ACLU v. CIA. Stat. Conf. Tr. at 7:17-21. The answer is that a tweet can be 4 5 Case Case 2:17-cv-00178-JLR 1:17-cv-00144-APM Document Document 80-1 29 Filed Filed12/13/17 11/13/17 Page Page51 6 of 130 8 ACLU that the CIA’s broad Glomar response to a request for ten categories of documents pertaining to drone strikes generally, and not merely to the CIA, was not “logical” or “plausible” due to official acknowledgments by the President and others that the United States engages in targeted strikes using drones. 710 F.3d at 431. The court did not purport to deviate from its long-standing doctrine on the official acknowledgment of information. Using the standard instead for evaluating the validity of withholdings under FOIA exemptions, the court said: “The question before us, then, is whether it is ‘logical or plausible[’] . . . for the CIA to contend that it would reveal something not already officially acknowledged to say that the Agency ‘at least has an intelligence interest’ in such strikes.” Id. at 429 (quoting Wolf, 473 F.3d at 375). The portion of Wolf on which the court expressly relied was a discussion of Exemption One, and whether it met the “logical and plausible” standard by which courts normally evaluate that exemption. The “‘logical’ or ‘plausible’” standard has never been the standard for the official acknowledgment of information. Although the court was less than precise in ACLU, it has subsequently reiterated its adherence to the traditional standard. It did so, in fact, in a later appeal in the same case. Stating that “[t]his circuit applies a three-part test to determine when an agency has ‘officially acknowledged’ requested information,” the court said: This test is quite strict. “Prior disclosure of similar information does not suffice; instead, the specific information sought by the plaintiff must already be in the public domain by official disclosure.” This court has explained that this “insistence on exactitude recognizes the Government’s vital interest in information relating to national security and foreign affairs.” In each case where a FOIA requester contends that an agency has acknowledged information it seeks to withhold, the burden is on the requester to point to specific information in the public domain that “appears to duplicate that being withheld.” the equivalent of a public statement or speech, but the medium is not determinative. The significance of any statement, regardless of the medium, will depend on its substance. 6 Case Case 2:17-cv-00178-JLR 1:17-cv-00144-APM Document Document 80-1 29 Filed Filed12/13/17 11/13/17 Page Page52 7 of 130 8 ACLU v. DOJ, 640 F. App’x 9, 11 (D.C. Cir. 2016) (quoting Wolf, 473 F.3d at 378) (citations omitted). Nor would ACLU be apposite even assuming, arguendo, that it had any applicability beyond its facts. Plaintiffs concede that President Trump may have “issued his tweets based strictly and exclusively upon his own personal knowledge independent of what he has learned as President of the United States, as well as what he may have seen on cable television.” ECF No. 26 at 2. Plaintiffs thereby concede that the characterization of the so-called dossier as something that is “discredited,” “phony,” “fake,” or “false” in the statements upon which they rely may be based on something other than information provided by ODNI, the CIA, NSA, or the FBI. None of those statements thus waives the Glomar responses provided by ODNI, the CIA, NSA, and the FBI to Items 2 and 3 of plaintiffs’ FOIA request. Plaintiffs express dismay that the President has not identified the information that forms the basis for his views about the so-called dossier, see ECF No. 26 at 2-3, but plaintiffs are not entitled to clarification of what the President has chosen to say. The above Glomar responses should therefore be upheld. CONCLUSION Defendants’ motion for summary judgment should be granted, and plaintiffs’ cross motion for summary judgment denied, for the reasons set forth above and for the other reasons presented by defendants. 7 Case Case 2:17-cv-00178-JLR 1:17-cv-00144-APM Document Document 80-1 29 Filed Filed12/13/17 11/13/17 Page Page53 8 of 130 8 Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General JESSIE K. LIU United States Attorney ELIZABETH J. SHAPIRO Deputy Director Dated: November 13, 2017 s/ David M. Glass DAVID M. GLASS, DC Bar 544549 Senior Trial Counsel Department of Justice, Civil Division 20 Massachusetts Ave., N.W., Room 7200 Washington, D.C. 20529 Tel: (202) 514-4469/Fax: (202) 616-8470 E-mail: david.glass@usdoj.gov Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that on November 13, 2017, I served the within memorandum and the exhibits to the memorandum on all counsel of record by filing them with the Court by means of its ECF system. s/ David M. Glass 8 Case Document 80-1 Filed 12/13/17 Page 54 of 130 Exhibit Case Document 80-1 Filed 12/13/17 Page 55 of 130 NEW TESMER NEWS DESK HOW STEPHEN MILLER SINGLE- HANDEDLY GOT THE US. TO ACCEPT FEWER REFUGEES By Jonathan Blitzer October 13, 2017 . then, the mandated refugee ?cap? set by the President has ?uctuated; during the Obama Administration, it averaged seventy?six thousand, and, in 2017, Obama raised the cap to Case Document 80-1 Filed 12/13/17 Page 56 of 130 a hundred and ten thousand to allow in more Syrians ?eeing civil war. Then came Donald Trump. In January, he signed an executive order temporarily freezing the refugee program, barring all Syrians, and slashing the number of refugees allowed into the country for the remainder of the year. Late last month, the White House announced that next year?s cap would be forty-?ve thousand, a record low. The State Department, the Defense Department, the Joint Chiefs of Staff, the Of?ce of the Vice-President, and the Office ofManagement and Budget had wanted the number to be higher. But they had all been forced to compete with one in?uential White House of?cial: Stephen Miller, the thirty-two?year-old former aide to Jeff Sessions who has become Trump?s top immigration adviser. I recently spoke to four Administration of?cials involved in the refugee?cap process to try to understand how Miller was able to outmaneuver an array of powerful factions in the federal bureaucracy. Each of?cial described Miller as a savvy operator who understands how to insert himself into the policy-creation process. They also described him as the beneficiary of a dysfunctional and understaffed Administration. Miller hadn?t completely gotten his way on the refugee cap, they told me; he wanted it to be lower. The forty??ve-thousand ?gure?which past Administrations would have considered impractically low?amounted to a kind of compromise. Miller, who has gone from the political fringe to the White House on the strength of his reputation as an anti?immigration ideas man, joined the Trump campaign early. He is close to both the President and his son-in-law, Jared Kushner, and has had a direct hand in several of the Administration?s most signi?cant immigration decisions, including the travel bans and the cancellation of Deferred Action for Childhood Arrivals (DACA). ?He?s been thoughtful and low?key about oveitaking the policy? making process,? one White House of?cial told me. ?That?s the reason he survived.? The chain of events that led to the announcement of the new refugee cap began on June 5th, when Miller met with officials from the State Department, the National Security Council, the Department of Homeland Security, and a policy group called the Homeland Security Council. Every summer, the State Department and the N.S.C. lead a series of discussions to decide the next year?s cap. Of?cials weigh dozens of different considerations, solicit input from the various stakeholder agencies, and ultimately bring a number to the President for his approval. The process is technical and exacting, a months?long slog through meetings, position papers, and constant recalibrations. Miller?s presence at the June 5th meeting itself was unusual: he heads the Domestic Policy Council, a body staffed by political appointees, which had never before played a role in refugee policy. ?We know how this used to go in the past,? he told the of?cials in the room. ?But we Case Document 80-1 Filed 12/13/17 Page 57 of 130 also know that the President views this as a homeland-security issue.? Everyone understood the significance of Miller?s words. ?Miller basically made clear that it was not going to be looked at from the typical lens of foreign policy,? a second White House official told me. ?It was a domestic?policy issue, an immigration issue. The Department of Homeland Security was going to get involved.? Miller introduced the of?cials to Gene Hamilton, another former aide to Sessions, whom the Administration had installed at D.H.S. This year, Miller and Hamilton explained, D.H.S.?not the State Department?would present the refugee-cap number to the President. Hamilton would be Miller?s key ally in the process. ?They were in direct and constant contact,? the second White House official told me. ?If there was ever a question you had for Hamilton, he?d say, ?Hold on,? and call Miller.? According to the first White House official, ?It was clear that there was some precooked plan here.? Miller?s presence was felt immediately. Records of the June 5th meeting, known as a ?summary of conclusions,? were kept from circulating. Stakeholder agencies?including the Joint Chiefs, the Defense Department, the US. Mission to the United Nations, and the Of?ce of Management and Budget?were left out of subsequent meetings. These meetings are an ?art form? and ?highly scripted,? one of the officials told me. ?This was highly unusual. They were convening people without anyone knowing what the subject of the meeting was.? (The White House claims that Miller did not coordinate these meetings.) After one meeting, in August, N.S.C. and State Department of?cials expressed concern that representatives from the Department of Defense, the National Counterterrorism Center, and the F.B.I. were still missing from the discussions. Hamilton responded, ?What the hell does D.O.D. have to say about this?? When evidence emerged that didn?t suit Miller?s aims, he squelched it. In March, the White House had asked the Department of Health and Human Services to study the costs of refugee resettlement. The department returned with a study, in July, showing that the revenue generated by refugees in the form of local, state, and federal taxes exceeded the costs of resettling them by sixty-three billion dollars. According to the Mr, Miller suppressed the study and demanded that H.H.S. recalculate the numbers. Two of the White House officials told me they?d heard that Miller had given H.H.S. strict instructions at the outset. ?The President believes refugees cost more, and the results of this study shouldn?t embarrass the President,? he had told people at the agency. (The VVhite House denied that Miller was involved with the H.H.S. report.) ?He shut down the US. government?s democratic approach to decision?making,? a State Department of?cial told me. ?He suppressed evidence that was important to consider in determining a refugee number that would be bene?cial to our national-security interest. We?re not talking about reports written by outside groups. We?re talking about evidence Case Document 80-1 Filed 12/13/17 Page 58 of 130 being generated from within the federal bureaucracy, documents generated from within the government.? Miller and his team at the Domestic Policy Council heavily edited several discussion papers outlining policy considerations, according to one of the White House of?cials. Statistics were cherry-picked. ?VVe?d get them back ?'om D.P.C., and they were eighty??ve-per?cent different,? the official said, referring to papers generated by the N.S.C. staff. would just sit down and write their own paper. They put in a lot of spurious statistics. Things like: refugees are thirty times more likely than the general population to commit a terrorist act.? According to the of?cial, many of the statistics Miller?s team favored came from the Center for Immigration Studies, an in?uential anti?immigration think tank. (The White House denied that Miller had a role in editing policy papers.) When officials pushed back against these kinds of changes, Miller would point to the backlog of asylum cases at D.H.S. and argue that the refugee program was unsustainable. All four officials believed this argument was disingenuous. ?This was a manipulation to get the result he wanted,? one White House of?cial told me. ?He basically just had a political agenda: to limit the number of foreign nationals who come into our country.? I asked the officials how Miller, with his limited experience in the executive branch, had become such a formidable bureaucrat so quickly. ?Look at who the senior advisers to the President were and arHBannon, Kushner??Miller?s the only one with prior government experience,? the State Department official told me. ?He knows something about government, and it turns out to be useful. He saw how the sausage was made. And he?s smart enough to make his own sausage.? The chaos of the Trump Administration helped. ?The White House remains in utter disarray,? the official said. ?If you don?t have an established set of procedures in place, it?s very easy to create your own process.? The leaders of the two agencies whose roles Miller was minimizing?the N.S.C. and the State Department?showed little interest in ?ghting back. H. R. McMaster, the national-security adviser, wasn?t paying much attention?one of the officials described him to me as ?frustratingly At the State Department, the disconnect between leadership and staffwas even worse. ?We don?t have a secretary for all intents and purposes,? the State Department official said, in reference to Rex Tillerson. ?Normally, you tell your superiors if you have a problem, and they go to the White House. No one is defending the State Department.? In early September, officials at the State Department and N.S.C. were told that the Department of Homeland Security was ready to propose to the President that next year?s refugee cap be between ?fteen thousand and twenty-six thousand people. Of?cials at the other government agencies involved in the process balked. ?If we go below ?fty thousand. we won?t satisfv the optics that the program was designed to generate. and Case Document 80-1 Filed 12/13/17 Page 59 of 130 I. that functionally hurts national security,? one White House of?cial told me. ?We look scared.? Miller and Hamilton weren?t swayed by the arguments, but when Elaine Duke, the interim Secretary of Homeland Security and Hamilton?s boss, insisted that the number couldn?t be lower than forty thousand, they were forced to retreat. (The White House disputed this account.) Putting up a modest resistance, the State Department proposed a cap of ?fty thousand. ?People felt beleaguered and betrayed,? the of?cial there told me. Trump?s original travel ban, in February, had set ?fty thousand as a provisional cap for the current ?scal year. ?It was seen as a politically safe number to use absent help from the Secretary.? Several other agencies?including, notably, the Office of the Vice?President?formally registered support for the State Department?s number. But in making the discussion about the range between forty thousand and ?fty thousand, Miller had already succeeded in shifting the debate. ?By the time we talked about splitting the difference, we were already two-thirds lower than where we were previously,? the State Department of?cial told me. ?VVe?d gone from a hundred and ten thousand??which President Obama had set for the current year??to around forty thousand, with no evidence to support the decision. It was purely political. The process has never been this corrupt.? In mid-September, Tillerson lowered the State Department?s desired number from ?fty thousand to forty-?ve thousand. The State Department of?cial said the Secretary?s staff was surprised. ?He undercut his deputy,? the official said. ?He undercut the recommendation of the staff. He broke with every other federal agency except The other agencies had all previously said they would back the State Department, so forty-?ve thousand was the only number that went to the President. ?The President would never know that almost all of his Cabinet wanted a higher number,? one of the White House officials told me. One of the White House of?cials I spoke to described the process as a harbinger of how immigration issues will be handled in the future. ?The Domestic Policy Council is going to influence other processes that involve immigration,? the of?cial said. ?It?s going to get worse and worse.? Miller was expanding his in?uence. ?He?s ?gured out early on that, just being at the D.P.C., he?s not going to be able to make key decisions unless he co- opts the the of?cial went on. ?He needs the security element attached to it. He?s worked to get himself in traditional N.S.C. decisions so that he can say, ?This isn?t just me. We ran this by the It started with one or two issues. But it?s becoming anything that has to do with refugees, vetting, immigration, or security. Because he?s an assistant to the President, what person is going to say to him, ?No, you can?t sit in on my meeting.? The reason Stephen Miller is so dangerous? He?s clearly got a vision. He knows about narrative, about messaging. He?s ?guring this out.? Case Document 80-1 Filed 12/13/17 Page 60 of 130 Q: jaunt/Jan B/ifzer is (I sfa?-zvrifer at The New orlzer. Rmn? more Immigration Donald Trump Stephen Miller Refugees Deferred Action for Childhood Arrivals (DACA) Sign up for our daily newsletter and get the best of Tbe New Yorker in your in-box. ?fi A pm 7729 Underground Unii'emizfy TIMI ?in? Be Stopped In Georgia. immigrants. tuba are banned?'om f/Je top pub/i6 [ya-tie (7 561.790] off/Jeir 5?20?. Recommended Stories DAIU DESK WHY THE WHITE HOUSE THE DECADES-LONG DOUBLED DOWN ON CAMPAIGN TO CUT DACA LEGAL IMMIGRATION Case Document 80-1 Filed 12/13/17 Page 61 of 130 Exhibit ?05 Eimcs seems; sauces: 35:4 rt?; mime-hes. axsanr ?ea??ram? 5 is. fr: Dallas, TX: This Brilliant Company Is Disrupting A x; $200 Billion Industry eventing: few The real goal of Trump's executive orders: Reduce the number of immigrants in the U.away must restrictions on who should be 'que 3V3.d??a.?395333e departed. opening the dear for roundups and detentinns en a scale not seen in nearly a decade. 1. "av-4 World's Hardest Floors by Cali Bamboo? EA Eimrs n?s efforts to step up deportations and block travel from seven mostly Muslim countries lies a goal that reaches far beyond any . \Iforthe long term and keep out people who Trump and senior aides believe will not assimilate. immediate terrorism] threat: a desire to r: i 1? In pursuit of that goal, Trump in his ?rst weeks in of?ce has launched the most dramatic @?fsie El} mOFite'ettl 2/ 1 could become a generational shift in the ethnic makeup of the U.S. Trump and top aides have become increasingly public about their underlying pursuit, pointing to Europe as an example of what they believe is a dangerous path that Western nations have taken. Trump believes European governments have foolishly allowed Muslims with extreme views to settle in their countries, sowing seeds for unrest and recruitment by terrorist groups. ?Take a look at what's happening in Sweden. Take a look at what's happening in Germany. Take a look at what's happened in France. Take a look at Nice '9 Related and Paris,? Trump said Friday during a speech to the Conservative Political Action Conference, referrin to riots last . . . IXpand Base Samisx week in a predominantly Muslim . . . For IPhone neighborhood in Stockholm, as well as charging and backup attacks and unrest in similar Backup on wi-fi too slow? What will Trump say tonight? Here's how the past few presidents handled it neighborhoods in Germany and France over the last few years. Trump is also expected to talk about the need for stringent security during his address to a LEARN MORE Up 25623 joint session of Congress on Tuesday night. And he is likely to issue a new travel ban this week, IVhite House Press Secretary Sean Spicer said Monday. Critics of Trump?s travel ban, including several federal judges who have blocked it, have pointed to a lack of evidence that immigrants from the seven countries have engaged in terrorist acts in the U.S. Trump?s aides see a lack of trouble so far in the U.S. as having little relevance. Two days after Trump imposed the ban, a senior administration of?cial told reporters at the White House that the order was part of a larger strategy to develop an immigration system that selects immigrants the White House believes will make ?positive contributions? to the country. ?We don?t want a situation where, 20 to ?9 Related 30 years from now, it?s just like a given thing that on a fairly regular basis there 55? ?00 315? 3st is domestic terror strikes, stores are shut $250 helps. pruwot? rT't'als? up or that airports have explosive devices Give today planted, or people are mowed down in the street by cars and automobiles and things of that nature.? the of?cial said. 5:31;: What you need to know about the Trump administration's new immigration rules President Obama and his aides also sometimes contrasted the relative lack of terrorism in the U.S. experience with the higher level of violence in Europe. But they attributed the difference to America having done a better job than European countries of assimilating foreign?born residents. Trump and his aides do not accept that. In their eyes, the U.S. has been spared mostly because its Muslim population remains much smaller than that of France, Germany or other European nations. Muslims make up about of the French population, but only about 1% in the U.S., according to estimates by the nonpartisan Pew Research Center. ?Foreign terrorists will not be able to strike America if they cannot get into our country,? Need iSk Trump said Friday. ?Take a look at what's happening to our world, folks. And we have to Com pl 0 nce Expertise? be smart. We have to be smart. We can't let it happen to us,? he said. But U.S. demographics have been changing rapidly and undesirably in the eyes of top Trump aides, including his chief strategist, Stephen K. Bannon, and domestic policy advisor Stephen Miller. LEARN MORE ul?ul lul: Inside the West Wing. the two men have pushed an ominous view of refugee and immigration ?ows, telling other policymakers that if large numbers of Muslims are allowed to enter the U.S., parts of American cities will begin to replicate marginalized immigrant neighborhoods in France, Germany and Belgium that have been home to plotters of terrorist attacks in recent years, according to a White House aide familiar with the discussions. They point to shifts in immigration in the U.S. over the past century to make their case. In 1960, 84% of migrants to the U.S. came from Europe or Canada, a bubble that was largely a result of the Immigration Act of 1924, which restricted the migration of Italians and Eastern European Jews and essentially banned the immigration of Arabs and Asians. Foreign-born population In the 0.5. since 1850 Case Document 80-1 Filed 12/1 DISCOVER THE IWC WATCH COLLECTION U.S. immigrant population by origin It I -- - Semen Goth?: Bout Md Ind -v am 5:01 38/42 pl. in?: 22/36 pl m. I ma tux Imu- Eu n: um 9L Once the US. immigration system was revamped in 19605 to be more open to people from around the world, Europeans declined sharply as a share of those migrating to the U.S. By 2014. the most recent year ?gures are available, that share had dropped to 13.6%. Immigrants from Asia made up the largest share with 26.4%. That?s a trend Trump criticized long before he began linking it to the risk of terrorism. ?1 say to myself, why aren't we letting people in from Europe?" he asked during a speech at CPAC four years ago. ?Nobody wants to say it but I have many friends from Europe. They want to come in. People I know. Tremendous people. Hardworking people. They can't come in." he said, without elaborating. But his argument ignores other big changes in society, critics note. "If you were going to say, 'We don't like that equalization we did in 1965, we need to go back,? that is going back to a time when the United States was more overtly racist,? said Tanya Golash-Boza, a sociology professor at UC Merced who studies immigration and race. At the same time that the European share of migration has dropped. the overall foreign? bom share of the population has increased. quadrupling in the five decades since the 1965 Immigration and Nationality Act took effect. In 1960. the US. had 9.7 million IWC PILOT. ENGINEERED FOR ORIGINALS. DISCOVER THE IWC WATCH COLLECTION foreign-born residents. In 2014, it had 42.2 million. That change has alarmed right-wing nationalists like Miller and Bannon. who see Trump?s administration as an opportunity to change those migration trends for decades to come. The two men see the country's long-term security and wage growth entwined with reducing the number of foreign-born people allowed to visit, immigrate and work in the US. Nations, including the US, are undermined by too high a level of diversity, Bannon has argued. ?The center core of what we believe, that 5? Related we?re a nation with an economy, not an economy just in some global marketplace with open borders, but we are a nation with a culture and a and a reason for being.? Bannon said Thursday at the conservative gathering. ?Rule of law is going to exist when you talk about our sovereignty and you talk Trump administration clears the way for far about immigration," Bannon said. more deportations The deportation orders and the travel ban were both designed to ?protect the hardworking people" of the US. from income suppression, crime and terrorism, Miller said on Fox News last week. ?Uncontrolled immigration over many years has undermined wages, hurting prospects for ?1363313 merit 1813411" ?Filed 12/13/17 Page 65 Of 130 said. ?Proper controls W111 raise wages, Improve employment, help migrant workers enter the middle class who are already living here and keep us safe from the threat of terror.? While the travel ban languishes in court, Trump likely apply to the issuance of future visas from the listed countries and refugee admissions and allow people already approved to enter the country. aides are drafting a new order that will The new order is also expected to direct the departments of State and Homeland Security to recommend restrictions on travelers from countries that don?t provide adequate information to the US. about visa applicants or have failed to combat widespread identity fraud. The changes are designed to address the concerns of the courts while preserving the long? term limits on travel from several countries in the Middle East and North Africa. The countries on the original banned list are Iraq, Iran, Syria, Sudan, Somalia, Libya and Yemen. 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Mdvanlage cmunAlIan-vuns GET STARTED MISS Inside a secret 2014 "St of hundreds of LA. deputies with histories of misconduct Support Quall Subscribe for Case Document 80-1 Filed 12/13/17 Page 66 of 130 Exhibit Dizco-xer Thomson Reuter: Directory of site: Login Contact Support A Case Document 80-1 Filed 12/13/17 Page 67 of 130 Trump refugee ban, but still REUTE RS .. . plummet, data shows EFFECT DECEMBER 8, 2017 3:06 AM 2 DATE AGO Trump lifts refugee ban, but admissions still plummet, data shows Yeganeh Torbati 9 A WASHINGTON (Reuters) - In late October, President Donald Trump lifted a temporary ban on most refugee admissions, a move that should have cleared the way for more people ?eeing persecution and Violence to come to the United States. Case Document 80-1 Filed 12/13/17 Page 68 of 130 Instead, the number of refugees admitted to the country has plummeted. In the ?ve weeks after the ban was lifted, 40 percent fewer people were allowed in than in the last ?ve weeks it was in place, according to a Reuters analysis of State Department data. That plunge has gone almost unnoticed. As he lifted the ban, Trump instituted new rules for tougher vetting of applicants and also effectively halted, at least for now, the entry of refugees from 1 1 countries deemed as high risk. The latter move has contributed signi?cantly to the precipitous drop in the number of refugees being admitted. The data shows that the Trump administration?s new restrictions have proven to be a far greater barrier to refugees than even his temporary ban, which was limited in scope by the Supreme Court. The State Department data shows that the kind of refugees being allowed in has also changed. A far smaller portion are Muslim. When the ban was in place they made up a quarter of all refugees. Now that it has been lifted they represent just under 10 percent. ease 2:17-c ?Hemmer? Page 69 of 130 plummet, data shows Refugee admissions dwindle under new Trump policies President Donald Trump lifted a temporary ban on refugee admissions in late October. But since then, the number of refugees coming into the United States has dropped precipitously, particularly for refugees from 11 countries targeted by a new security review. U.S. REFUGEE ADMISSION FROM ALL COUNTRIES, BY RELIGION During the five weeks before and after the refugee ban was lifted on Oct. 24. Other Muslim I Christian 0 500 1,000 1,500 2,000,500 refugees 70 of 1311 plummet, data shows RE UTE Raise 2v17-cv-l REFUGEE ADMISSIONS FROM COUNTRIES UNDER SECURITY REVIEW As it lifted the refugee ban, the Trump administration simultaneously announced it was targeting 11 countries? for an additional security review. 200 refugees 150 100 Refugee ban was lifted on Oct. 24 Sep. 26 Nov. 28 'The countries under additional review are Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria and Yemen. Source: Department of State By Travis Hartman REUTERS GRAPHICS Admissions over ?ve weeks is a limited sample from Which to draw broad conclusions, and resettlement numbers often pick up later in the ?scal year, which began in October. But the sharp drop has alarmed refugee advocates. lummet, data shows REUng211a-cv-o'R RTBsed'm?seaPs691ba'rztg defat?fm?age 71 of 131:1 Admissions over ?ve weeks is a limited sample from which to draw broad conclusions, and resettlement numbers often pick up later in the ?scal year, which began in October. But the sharp drop has alarmed refugee advocates. ?They?re pretty much shutting the refugee program down without having to say that?s what they?re doing,? said Eric Schwartz, president of Refugees International. ?They?ve gotten better at using bureaucratic methods and national security arguments to achieve nefarious and unjusti?able objectives.? Trump administration of?cials say the temporary ban on refugees, and the new security procedures that followed, served to protect Americans from potential terrorist attacks. Supporters of the administration?s move also argue that the refugee program needed reform and that making it more stringent will ultimately strengthen it. ?The program needed to be tightened up,? said Joshua Meservey, a senior policy analyst at the Heritage Foundation, a conservative think tank, who formerly worked in refugee resettlement in Africa. ?I?m all for strengthening the vetting, cracking down on the fraud, being really intentional on who we select for this, because I think it protects the program ultimately when we do that.? A State Department of?cial attributed the drop in refugee admissions to increased vetting, reviews aimed at identifying potential threats, and a smaller annual refugee quota this year of 45,000, the lowest level in decades. plumme atas ows Trum refu ee ban but Do?cu?m nt 310-1 ?led 12/13/17 Page 72 of 1361 ?Refugee admissions rarely happen at a steady pace and in many years start out low and increase throughout the year. It would be premature to assess (the 2018 ?scal year?s) pace at this point,? the of?cial said, speaking on condition of anonymity. Trump has made controlling immigration a centerpiece of his presidency, citing both a desire to protect American jobs and national security. During the 2016 presidential campaign he said Syrian refugees could be aligned with Islamist militants and promised ?extreme vetting? of applicants. The White House did not respond to a request for comment. Case Document 80-1 Filed 12/13/17 Page 73 of 130 . Trump lifts refu ee ban, but admisslons still REUTERS 9 '31} plummet, data shows Alireza, an Iranian refugee living in Turkey, holds his passport in Istanbul, Turkey, November 15, 201 7. Picture taken November 15, 2017. Sezer After the ban was lifted the new rules imposed included a requirement that refugees provide 10 years of biographical information, rather than ?ve years, a pause in a program that allows for family reuni?cation, and a ?detailed threat analysis and review? of refugees from 11 countries. A Department of Homeland Security spokesman said that 90-day review began on Oct. 25, the day after Trump lifted the ban. Case Document 80-1 Filed 12/13/17 Page 74 of 130 REUTERS - Of?cials have said that during the review period, refugees from Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria and Yemen will be plummet, data shows allowed in on a case by case basis, but they have also said priority will be given to other applicants. For each of the last three years, refugees from the 11 countries made up more than 40 percent of US. admissions. While nine of the 11 countries are majority Muslim, it is often their religious minorities, including Christians and Jews, who seek asylum in the United States. And in practice, of the 11 countries only Iran, Iraq, Somalia, South Sudan, Sudan and Syria produce refugees who resettle in the United States in meaningful numbers. Trump administration of?cials have said the 90-day review does not amount to a bar on refugees from the 11 countries. But just as the review launched, the number of refugees coming from those countries ceased almost entirely. Trump refugee ban, but still A Case Document 80-1 Filed 12/13/17 Page 75 of 130 plummet, data shows :7 Trum refu ee ban, but still REUTERS I Alireza, an Iranian refugee living in Turkey, reads a book at a park in central Istanbul, Turkey, November 15, 2017. Picture taken November 15, 2017. Sezer In the ?ve weeks before the ban was lifted, 587 refugees from the 11 countries were allowed in, despite tough eligibility rules, according to the Reuters review of the State Department data. In the ?ve weeks after Trump lifted the ban, just 15 refugees from those countries were allowed in. From all countries, 1,469 refugees were admitted to the United States in the ?ve weeks between Oct. 25 and Nov. 28, according to the State Department data. That was 41 percent lower than during the ?nal ?ve weeks of the ban, when Case Document 80-1 Filed 12/13/17 Page 76 of 130 Trump refugee ban, but REUTERS - plummet, data shows Just 9 percent of refugees admitted to the United States between Oct. 25 and Nov. 28 were Muslim, and 63 percent were Christian. In the ?ve weeks prior, 26 percentlwere Muslim and 55 percent were Christian. More refugees were allowed in during the period the temporary refugee ban was in place because the Supreme Court, in okaying the ban in June, required refugees with ?bona ?de? ties to the United States be exempted. The new rules have been challenged in court, but no rulings have yet been issued. IN LIMBO Each twist in US refugee policy has left Alireza, a gay Iranian refugee living in Turkey, confused, desperate for information, and less hopeful he will ever make it to the United States. Alireza, 34, had already been interviewed by US. of?cials and was on track for resettlement When Trump issued his ?rst refugee ban in January. He declined to share his last name because his family does not know he is gay, but he shared documents with Reuters on his case to con?rm his identity and refugee status. When Trump?s ban was initially blocked by federal courts, Alireza was able to continue the vetting process and was close to the point of being resettled. Then came the Supreme Court ruling reinstating the ban, and then the new restrictions replacing the ban. As a refugee from one of the 11 countries targeted for additional scrutiny, he is once again in limbo. Case Document 80-1 Filed 12/13/17 Page 77 of 130 U.S. court turns away dlspute over gay REUTERS - 1- t; worker protectlons Alireza questions the national security logic of the new review. He and his boyfriend of 13 years ?ed to Turkey in 2014 after facing harassment, beatings and extortion in Iran. Human rights groups say that discriminatory laws in Iran against sexual minorities put them at risk of harassment and violence. In Turkey, he said, they scrape by with unstable part-time work and feel threatened by what they see as a rise in anti-gay sentiment in Turkish society. ?We ourselves have been hurt by the Islamist system in Iran,? he said in a recent telephone interview from mskisehir, in northwestern Turkey. ?Why would we suffer for three years (in Turkey) so that we could come to America and commit terrorism?? Reporting by Yeganeh Torbati; Editing by Sue Horton and Ross Colvin 0111' Standards: Hze Momson Reuters Trust Principles. Case Document 80-1 Filed 12/13/17 Page 78 of 130 Exhibit Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 79 of 130 Sections Sign In Subscribe Democracy Dies in Darkness The Fix Analysis Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you By Chris Cillizza The Fix Analysis Analysis Interpretation of the news based on evidence, including data, as well as anticipating how events might unfold based on past events March 16 What you need to know about Trump's wiretapping claim https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 80 of 130 2:25 (Monica Akhtar/The Washington Post) Donald Trump sat down with Fox News's Tucker Carlson on Thursday night to chat about his first two months in office. The two talked about Trump's recently-released 2005 tax returns, how he uses Twitter and, well, a lot of other random stuff. Using Genius, I annotated it. You can too! Sign up for Genius and annotate alongside me! To see an annotation, click or tap the highlighted part of the transcript. TUCKER CARLSON, FOX NEWS HOST: Mr. President, thanks for joining us. DONALD TRUMP, PRESIDENT OF THE UNITED STATES: Thank you. CARLSON: So last night, your tax return from 2005, the first two pages, appeared, and the reporter who got it, he said in his mailbox, said that the front of it is stamped client copy, and he suggested that it did not come from the IRS, but that it was leaked to him potentially by someone in the White House, wasn't it? TRUMP: Well certainly not from the White House. That, I can tell you. I don't know where they got it. This guy's been following me for https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 81 of 130 25 years. He's -- he's not much. And I don't know, I have no idea where they got it, but it's illegal, and you're not supposed to have it, and it's not supposed to be leaked. And it's certainly not an embarrassing tax return at all, but it's an illegal thing. They've been doing it, they've done it before, and I think it's a disgrace. CARLSON: So it showed that you paid about a little less than 25 percent federal taxes on your income that year, which was more than a lot of people, but it's still less than the 40 percent that wage earners, people do investments (ph) would be paying. Is it fair to have a tax system -- I know you're doing tax reform soon -- where wage earners pay twice the tax that investors do? TRUMP: Well I actually paid less than that, and it is not fair, because the income was actually $250 million for the year, and if you notice, there was about $100 million in tax deductions and depreciation and various other charges. So actually the income was at the 250 level, and if you look at it, it's really a lower number, and no, I don't think it's fair. And I've been complaining about it for a long time. Because I don't care about me anymore. I care about the people out there. Me, I'm very satisfied. I'm not going to go back into building major buildings someday. I'm not going to be doing what I used to do, and used to have a good time doing it. This is what I'm doing now, and I'm saving a lot of money. On the airplanes, I saved $725 million, probably took me a half an hour if you added up all of the times. And we've saved a tremendous amount of money in government already, and that's just the beginning. https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 82 of 130 I will tell you, the tax -- people are paying too high a tax. And one of the reasons I want to get the healthcare taken care of -- and it has to come statutorily and for other reasons, various complex reasons, having to do with politics, and also Congress -- it has to come first. It really has to come first. One of the reasons I want to get it finished, ideally soon, is because I want to start on the taxes. People are paying too high, companies are paying too high, it's affecting our jobs, it's affecting a lot of things. Now with that being said, the country's doing, right now, really well. The level of optimism is up highest it's been in 15 years. You see the kind of numbers coming out, it's amazing the enthusiasm. I saw it this morning on "Fox And Friends", I watch -- I like that group of three people. But they had a man who was saying, Trump is the greatest president ever and there will never be one like him. Now, the thing is, I've only been there for like 50 days. But he was very enthusiastic. But he was talking -- he's a manufacturer. And I've taken off regulations by the thousands, and we're just starting. We're just starting. So there's great optimism about the economy, but we have to get the taxes reduced. CARLSON: But you want to start -- and you can imagine a system where I think federal top is a little less than 40 percent. Obviously taxes at the top on capital are 20, but you'd like to see them at parity? TRUMP: It has to go down. Well, it's going to go -- first of all, it's going to go way down for the middle class. It's going to go way down for https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 83 of 130 business. I'm going to try and get the 15 percent level if we can for the business. I think we'll probably be a little bit higher than that, but we're going to try and get the 15 percent level. There's tremendous waste in this country. There's tremendous -- the bidding procedures in the country -- I'll give you an example. Medicine. I met with a man that I really liked, Elijah Cummings, Congressman. And he was in my office, and so passionate about prescription drugs, and drugs, the fact that they're so expensive in this country and so expensive for people, and I'm going to work and put in this bill, or shortly thereafter a new bill bidding for drugs and prescription drugs. You go to Europe, they buy them for a fraction, from the same company, they buy them for a fraction of what they pay in the United States. Because we have a middle man system, and we have a lot of bad systems, but basically, we don't have a good bidding system, and we're going to get drug prices so far lower than they are now your head will spin. CARLSON: So you said, in a subsequent bill -- let's talk about this bill. So it's been seven years since Obamacare passed, and Republicans have said the whole time, we're going to get rid of it, and we're going to give you something better. Are you satisfied with the bill we're now looking at that Paul Ryan is pushing is the best the Republicans could do after seven years of thinking about it? TRUMP: I think we're going to have negotiation. But you have to https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 84 of 130 understand, we only have 52. We only have two vote -- we have a two vote margin. And you're always -- to get 52 people is very hard. If we had 60 or 60 votes, we could do something differently. But we're never going to get a Democrat vote, they're never going to vote for us. If I had the greatest bill in the history of the world, they would not vote for us, because they hate the Republicans, probably hate me, but they hate the Republicans so badly that they can't see straight. So they're always going to vote against us. It's really a shame. CARLSON: Right. TRUMP: Because -- and that's one of the problems that we have when people come into my office about lowering drug prices, lowering other things -- the Democrats are always going to vote against us. It's been simmering for years. The hatred has been there for years, not just with me. I mean the hatred has been there for years. You know, when I was in Washington years ago, I'd come -- and Republicans, they'd fight with the Democrats during the day, and then you'd see them out to dinner at a restaurant together, their families would be out, I mean, they got along. The hatred is so incredible. And it, honestly, it's been like that for a long time. It's been like that through the Obama years. It's been like that, to a large extent, through the Bush years. But, if we had 60 votes, perhaps we'd do it a different way. But the only way you're going to get it passed is with Republican votes, because the Democrats -- no matter how bad Obamacare is, and it's the worst https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 85 of 130 anybody's ever seen, it's a disaster -- Obamacare is a disaster. The premiums are going up at numbers as high as 116 percent. And by the way, this year will be the worst year of all. And I said the other day, they criticized me. I said look, Obama's gone. Smart guy. He put things on, '17 is going to be the worst year because he's gone. He knew that was the year. I mean, let him be out before it implodes. Obamacare is imploding, it's a disaster, and the Democrats know that. If we had the greatest healthcare bill ever in history and we needed eight votes from the Democrats to get us up to the 60 number that you would need, they wouldn't vote for it. It's a very selfish thing. They're doing a very, very bad disservice to the country. CARLSON: This bill has, as one of its centerpieces, a tax cut for investors that would primarily benefit people making over $250,000 a year. Already done pretty well in the past 10 years, as you know. A Bloomberg analysis showed that counties that voted for you, middle class and working class counties, would do far less well under this bill than the counties that voted for Hillary, the more affluent counties. TRUMP: Oh, I know. I know. CARLSON: It seems like -TRUMP: It's very preliminary, Tucker. CARLSON: -- maybe this isn't consistent with the message of the last election. https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 86 of 130 TRUMP: No. A lot of things aren't consistent. But these are going to be negotiated. We've got to go to the Senate. We're going to see what happens in the Senate. Right now, we have five or six senators that look like maybe they're not going to -- I'm talking about Republicans, because we're not going to get one Democrat to vote for it. Again, if this bill were perfect, if it was the greatest thing for Democrats and Republicans, we wouldn't get one Democrat vote. They're going to vote against it. Because of selfish, because of stupidity, because it's politics -- it's really bad for our country, what's going on. What's going on for years, but it's really bad for our country. We will take care of our people or I'm not signing it, OK, just so you understand. This is very preliminary. CARLSON: Are you confident that Paul Ryan -- I mean, doesn't seem like you agree on economics or foreign policy or social policy. Are you confident that you share enough in common that he can -- he's on board with your interests? TRUMP: I think he is on board with the American people. I do believe that strongly. I think he is on board with my presidency. I think he wants to make it very successful. I like him. We had our run ins, as you probably have heard, initially. But I think he is very much -- he wants to do the right thing. That I believe 100 percent. We're going to take care of the people. And by the way, if we're not going to take care of the people, I'm not signing anything. I'm not going to be doing it, just so you understand. https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 87 of 130 CARLSON: Right. TRUMP: I'm, in a little way, I'm an arbitrator. We have the conservatives, we have the more liberal side of the Republican Party, we have the left, we have the right within the Republicans themselves, we got a lot of fighting going on, we have no Democrats, again, no matter what we do, we're never going to get a Democrat. Maybe we'll get one along the way. Now, if we could get, and the one thing they don't add is phase three, because phase three makes a lot of things very good -- but if we could get some Democrat vote, we could change the bill. We could have it different. We could have a repeal, which really, essentially we have anyway. But we could have a specific repeal. But we're not going to get any Democrats, no matter what we do. Doesn't matter what we do. We're not going to get -For phase three, we're going to get some Democrats, I believe. Because phase three, there will be incentives added, and there are so many good things, including that's where I'm going to put the bidding for medicine. I'm going to put that, I want them to put that in phase three. Phase three is a part of it. You have phase one, which you know about. You have phase two, which is really not a phase. That's where our secretary, who's a terrific guy, by the way, Tom Price -- is going to sign away. He's going to sign his heart away, and he's going to get rid of those horrible things that have been signed over the years. And then phase three, a lot of the goodies are added in, and we're going https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 88 of 130 to add now in medicine. We think we're going to be able to do that, or I'm going to have a separate bill for the bidding of medicine. We're going to bring the cost of medicine way down, prescription drugs and drugs. CARLSON: So on March 4, 6:35 in the morning, you're down in Florida, and you tweet, the former administration wiretapped me, surveilled me, at Trump Tower during the last election. How did you find out? You said, I just found out. How did you learn that? TRUMP: Well, I've been reading about things. I read in, I think it was January 20 a "New York Times" article where they were talking about wiretapping. There was an article, I think they used that exact term. I read other things. I watched your friend Bret Baier the day previous where he was talking about certain very complex sets of things happening, and wiretapping. I said, wait a minute, there's a lot of wiretapping being talked about. I've been seeing a lot of things. Now, for the most part, I'm not going to discuss it, because we have it before the committee and we will be submitting things before the committee very soon that hasn't been submitted as of yet. But it's potentially a very serious situation. CARLSON: So, 51,000 people retweeted that. So a lot of people thought that was plausible, they believe you, you're the President -you're in charge of the agencies. Every intelligence agency reports to you. Why not immediately go to them and gather evidence to support that? https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 89 of 130 TRUMP: Because I don't want to do anything that's going to violate any strength of an agency. We have enough problems. And by the way, with the CIA, I just want people to know, the CIA was hacked, and a lot of things taken -- that was during the Obama years. That was not during us. That was during the Obama situation. Mike Pompeo is there now doing a fantastic job. But, we will be submitting certain things and I will be perhaps speaking about this next week, but it's right now before the committee, and I think I want to leave it. I have a lot of confidence in the committee. CARLSON: Why not wait to tweet about it until you can prove it? Don't you devalue your words when you can't provide evidence? TRUMP: Well, because "The New York Times" wrote about it. Not that I respect "The New York Times". I call it the failing "New York Times". But they did write on January 20 using the word wiretap. Other people have come out with -CARLSON: Right, but you're the President. You have the ability to gather all the evidence you want. TRUMP: I do. I do. But I think that frankly we have a lot right now. And I think if you watch -- if you watched the Bret Baier and what he was saying and what he was talking about and how he mentioned the word wiretap, you would feel very confident that you could mention the name. He mentioned it. And other people have mentioned it. But if you take a look at some of the things written about wiretapping and https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 90 of 130 eavesdropping -And don't forget, when I say wiretapping, those words were in quotes. That really covers, because wiretapping is pretty old fashioned stuff. But that really covers surveillance and many other things. And nobody ever talks about the fact that it was in quotes, but that's a very important thing. But wiretap covers a lot of different things. I think you're going to find some very interesting items coming to the forefront over the next two weeks. CARLSON: Do you talk to anyone before you tweet? And is there anyone in the White House who can say to you, Mr. President, please don't tweet that, who you would listen to? TRUMP: Well, let me tell you about Twitter. I think that maybe I wouldn't be here if it wasn't for Twitter, because I get such a fake press, such a dishonest press. I mean, if you look at -- and I'm not including Fox, because I think Fox has been fair to me, but if you look at CNN and if you look at these other networks, NBC -- I made a fortune for NBC with "The Apprentice". I had a top show where they were doing horribly, and I had one of the most successful reality shows of all time. I made -- and I was on 14 seasons. And you see what happened when I'm not on. You saw what happened to the show was a disaster. I was on -- I was very good to NBC, and I -- they are despicable. They're despicable in their coverage. https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 91 of 130 CBS, ABC, you take a look at what's going on -- I call it the fake press, the fake media. It is a disgrace what's happening. So, let me just tell you -- CARLSON: But then they say to you, but you're -- I mean, as you know, the response -- look, so you had this big speech to the joint session on Tuesday. You had great press all week, bipartisan, and then you let off this tweet, and immediately, people say -TRUMP: No, it wasn't that tweet. They had other things -CARLSON: You can't back up what you say. TRUMP: Excuse me. I had a very successful night. Joint session, it was very successful. I got reviews even from people that I would never think I was going to get good reviews. I got great reviews. And then all of a sudden they came up with a new dialogue in order to kill that. So that speech was hot for about two or three hours after the speech was made, because they came up with other things, having to do with other people, that they shouldn't have been able to do and they shouldn't have done, but they did it. And you know exactly what I'm talking about. So the news is not honest. Much of the news. It's not honest. And when I have close to 100 million people watching me on Twitter, including Facebook, including all of the Instagram, including POTUS, including lots of things -- but we have -- I guess pretty close to 100 million people. I have my own form of media. So if I tweet two or three or four or five times a day, and if most of them are good -- and I really want them all to be good -- but if I make one mistake in a month -- this https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 92 of 130 one, I don't think is going to prove to be a mistake at all. CARLSON: Do you think it's OK to make -- the counterargument, even from people who support you, who say look, I support Donald Trump, I believe what he believes, and I want him to succeed badly, but if the President says something that cannot be proved or is demonstrably untrue, he devalues his own currency. TRUMP: Let's see whether or not I proved it. You looked at some proof. I mean, let's see whether or not I prove it. I just don't choose to do it right now. I choose to do it before the committee, and maybe I'll do it before the committee. Maybe I'll do it before I see the result of the committee. But I think we have some very good stuff. And we're in the process of putting it together, and I think it's going to be very demonstrative. But just on Twitter, if I don't do that, I won't get my word out. Because when I tell -- when I say things, the press doesn't cover it accurately. They cover it very inaccurately. Much of the press. Some of the press -- by the way, some of the finest people I know are reporters. Reporters are wonderful. I'm talking about the fake media, the fake news. And there's a lot of fake news. So if I'm not going to -- if they're not going to do me the honor and the public the honor of spreading my word accurately as it was meant, and you know exactly what I'm talking about, because there's been nobody in history that got more dishonest media than I've gotten. You look at some of the stories in "The New York Times". You look at some of the stories in "The Washington Post". Take a look at what's going on with CBS and NBC in particular and ABC -- take a look at CNN. It's a complete hit job. No https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 93 of 130 matter what you do, no matter how good -- no matter how great it is, they don't report it in a positive fashion. So, when I can reach, whether it's 90 million or 100 million or 80 million, however many people it may turn out to be, when you add everything up -- and then of course it gets disseminated from there, when I can reach that many people, Twitter is a wonderful thing for me, because I get the word out. CARLSON: Does it ever go through any kind of mediator -TRUMP: Sure it does. Sure. Sometimes I'll -CARLSON: Do you show your staff and -TRUMP: Sometimes I'll have something and I'll say, what do you think about this? A lot of times, my staff comes to me and they say, could you do a tweet on this or that? Because it's not being shown correctly. I mean, they'll come to me a lot and they'll say, could you do -- I probably wouldn't be here -- I'm not talking about Twitter, because it's really Twitter, Facebook, and lots of other things, OK. But I might not be here talking to you right now as President if I didn't have an honest way of getting the word out. CARLSON: Last question. European nationalism, obviously, is flowering, and a lot of it is about immigration and culture. Do you think it's possible to move a large Muslim population into the West and successfully integrate them into Western culture? Have you seen that anywhere? https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 94 of 130 TRUMP: Well, it's not easy. And it certainly hasn't been easy. You look at Germany, you know, I took a lot of heat over Sweden and then the next day they had this massive riot and now nobody talks about it. It certainly has not proven to be easy. At the same time -- subscribe The story must be told. Your subscription supports journalism that matters. Try 1 month for $1 CARLSON: Could we do it here? TRUMP: Well, they've been trying, and we'll let you know. The assimilation has been very, very hard. It's been a very, very difficult process. I want this country to be safe. I want this country to be great. And it's called make America great again. That's where I got elected. I want people that love our country. And many Muslims do. Many, many Muslims do. But it has been a hard process. If you look at Germany, what's happened. If you look at Sweden, what's https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Donald Trump’s explanation of his wire-tapping tweets will shock and amaze you - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 95 of 130 happened. If you look at Brussels, take a look at Brussels, I mean look what's going on. Take a look at so many other places. It has been a very hard process. We are going to try very, very hard to make it work. CARLSON: Mr. President, thanks. TRUMP: Thank you very much. 557 Comments Chris Cillizza writes “The Fix,” a politics blog for The Washington Post. PAID PROMOTED STORIES These Retirement Communities Will Make You Think Again Yahoo! Search Recommended by The Most Daring Emmy Dresses of All Time Livingly If You're Thinking About Installing Solar. You Better Read This Energy Bill Cruncher https://www.washingtonpost.com/...donald-trump-explained-twitter-the-universe-and-everything-to-tucker-carlson/?utm_term=.8b59aa21fb29[12/8/2017 4:53:42 PM] Case Document 80-1 Filed 12/13/17 Page 96 of 130 Exhibit 0 Case Document 80-1 Filed 12/13/17 Page 97 of 130 Donald J. Trumpo @realDonaldTrump Sep 15 Another attack in London by a loser terrorist.These are sick and demented people who were in the sights of Scotland Yard. Must be proactive! 19K Ct 29K 0 109K 0 Donald J. TrumpO Follow The travel ban into the United States should be far larger, tougher and more specific?but stupidly, that would not be politically correct! 3:54 AM 15 Sep 2017 24,359 Retweets 105,885 Likes 106K (Y @Vi/histlingghost - Sep 19 . Replying to Do it, Mr Trump. Show the world how it's done. Migration is bringing disease 81 terror to UK. Q6 L110 @253 Lucy @Blood362 -Sep 19 Agreed 100% 02 1:14 018 the same category. 0 6 3 33 Lucy Q'Blood362 -Sep 19 London @ktorihl - Sep 19 It also brings extremely qualified professionals. Don't put race and evil people in We are speaking about people who come here who do not want to even learn our language. Do not want to work 8t live off taxpayers. 015 L15 C918 3 Lucy @Blood362 -Sep 20 Don't be so stupid. What did we do before Migrants NHS is getting stretched to breaking point because of Migrants. So is our Welfare system. Jon @Jonosmo - Sep 20 Which is total bollocks because they don't. If it weren't for migrants wed have no NHS 08 1:13 09 Jon @Jonosloo Sep 20 And I was actually referring to the number of NHS doctors and nurses and other essential staff who are migrants, without them the Case Document 80-1 Filed 12/13/17 Page 98 of 130 01 0 Lucy @Blood362 -Sep 20 We have plenty of unemployed UK citizens who are unable to find work. I'm sure we could employ some of them. 3 L1 (9 6 more rep Perri Fisher PerrIFisher Sep 21 Replying to Political correctness is not important. National security is TOP priority. Get #Tra-xelBan 8L *Edild?iheWa to Make America Safe Again! crimes. 02 L11 02 Robert Cross @RCCx-?nter - Sep 21 Actually the Supreme Court reinstated parts of the Travel ban and deportations are up. He needs to build the wall but he is doing wellPerri Fisher PernFisher - Sep 21 We can't be like Obama voters keep making excuses if campaign promises do not get fulfilled. Trump support=loya ty to ?Amer caFirst agenda L1 0 Staffan Landin @Staffanlandin -Sep 19 Replying to realDor?ald'mmp 1think you mean 'legal'. L11 O3 32 Resists @beewaa?. - Sep 19 Replying to #NoBanNoWall =21??peachTrumpAndPei?ce ?Tl'lepRUSSla =Tralt0' trTrumpRussia #TraitC' We rented President Trump?s ChildhOOd home to welcome In the home Where President Trump lived as a young child?now for rent?we invited refugees who escaped con?ict and persecution to share ll 0 1'51 (3 Case Document 80-1 Filed 12/13/17 Page 99 of 130 Exhibit Case Document 80-1 Filed 12/13/17 Page 100 of 130 0 Donald J. TrumpO That's right, we need a TRAVEL BAN for certain DANGEROUS countries, not some politically correct term that won't help us protect our people! 6:20 PM 5 Jun 201.7 31,360 Retweets 119,604 Likes 31K 120K Trump Art @donaldtrump_art Oct 31 Replying to (3:93 Coreld'rci'no That's right, we need a TRAVEL BAN for certain DANGEROUS countries, not some politically correct term that won't help SAM - Oct 17 Replying to rea Countries you mention are victims of terrorism. why don't you attack wahabism which is a cult that comes from Saudi Arabia Case Document 80-1 Filed 12/13/17 Page 101 of 130 0 L1 0 John Roberson @J r_1969 . Oct 18 Replying to realDor?ald'rcimp By all means, keep using terms instead that get your ban stopped. Well doneReplying to Ignorance hit a all time high you Dance with the Saudi's who attack women children in You are protecting the petro-dollar deal L1, 1 Dermot Ahem uEJTheMerox/ingian2 - Oct 17 Replying to Ereach-Pald'rump go up to bed! 0 L1 Marty Bonkowski @lvlartyBonkov.'ski - Oct 17 ?18 9 Replying to realDorald'mmp Hate to say this but we need to keep all #Musl out of ?Army ca. Only Christian Muslims should be allowed. ?l-Jl?anA L1 0 Carolina~BLUE - Oct 17 Replying to realDor?ald'mmp What we NEED is to kick Hawaii out of the US. Let them go back to August 20. 1959. It'sjust an island of left-wingers imposing shit on US L1 0 Jacques Ditte @Jacquesditte Oct 17 Replying to realDor?ald'mmp Ok then Hawaii is excluded from travel ban! Anything happens. Judge is criminally liable! Works for me! L1 0 2 Soonerbom @DSoonerborn Oct 17 - Replying to Send refugees to L1 0 PKerseyZ @PKerseyZ - Oct 17 Replying to Time to FIRE the idiot progressive fake 0 L1 0 Soonerborn @DSoonerborn - Oct 17 - Replying to realDorald'igimp Settle refugees in Hawaii L1 C9 Case Document 80-1 Filed 12/13/17 Page 102 of 130 Jaxon Knickson @AmbtillNotYou Jun 9 Replying to @realDonaldTrump In addition to pocket Constit's I send you (idea: peak at those from bathroom instead of Twitter from unsecured Verizon phones), sent you 01 L13 C93 Jaxon Knickson @AmStillNotYou - Jun 9 8/ full pack of briefs 81 dec'ns from many - federal courts (hint: they're not 91h Cir. as your "fake news" ie, you, claim) showing how 01 L15 C92 Jaxon Knickson @AmStillNotYou - Jun 9 continual shifting among "not a ban," "travel ban," "Muslim ban," "we all know intent same," etc. language was crushing you both 01 L13 02 Jaxon Knickson @AmStillNotYou Jun 9 0/ substantively 81 in terms of YOUR absolute. well-deserved lack of credibility. Your response to a surprisingly accurate, blunt, 1 L1 5 C9 1 Jaxon Knickson @AmStillNotYou Jun 9 AWFUL-for-you 10-3 en banc 4th Cir. Opinion? Well, you had a much more- winnable case, 8L now you've signi?cantly narrowed bases 01 113 Jaxon Knickson @AmStillNotYou - Jun 9 on which you can succeed. Among your best args is that Court should ignore your intent (8L past. present, future statements re: intent), 01 L14 C91 Case Document 80-1 Filed 12/13/17 Page 103 of 130 Exhibit Trump recycles discredited Islamic pigs’ blood tale after terrorist attack in Barcelona - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 104 of 130 Sections Sign In Subscribe Democracy Dies in Darkness Post Politics Trump recycles discredited Islamic pigs’ blood tale after terrorist attack in Barcelona By David Nakamura Post Politics August 17 Hours after an apparent terrorist attack in Barcelona, President Trump on Thursday recycled a largely discredited Internet tale that he promoted on the campaign trail as a way to call attention to what he has called “radical Islamic terrorism.” In a Twitter message, Trump instructed his 36 million followers to look to the example of Gen. John J. Pershing, who is said, in stories circulating online, to have dipped bullets in pigs' blood to execute https://www.washingtonpost.com/...-recycles-discredited-islamic-pigs-blood-tale-after-terrorist-attack-in-barcelona/?utm_term=.19ffc29439fd[12/8/2017 4:51:24 PM] Trump recycles discredited Islamic pigs’ blood tale after terrorist attack in Barcelona - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 105 of 130 Islamic terrorists in the Philippines whose religion forbid contact with the animals. The story has been found to be unsubstantiated by numerous factcheckers in the media. But Trump first told the story during a campaign rally in February 2016, as he defended his position of supporting methods of torture, such as waterboarding, on terrorist suspects. Trump's tweet came hours after a man in Barcelona drove a van at high speeds into a crowd at a popular tourist destination, killing 12 and injuring 50 more, according to local police who are calling the attack an act of terrorism. One man is reportedly in custody in the investigation. Trump also tweeted a message of support for the victims, in which he said the United States “condemns the terror attack.” https://www.washingtonpost.com/...-recycles-discredited-islamic-pigs-blood-tale-after-terrorist-attack-in-barcelona/?utm_term=.19ffc29439fd[12/8/2017 4:51:24 PM] Trump recycles discredited Islamic pigs’ blood tale after terrorist attack in Barcelona - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 106 of 130 The message stood in sharp contrast to Trump's reaction Saturday to an attack in Charlottesville, when a man drove a car into a group of people protesting a white nationalist rally, killing a woman and injuring 19 others. An alleged Nazi sympathizer who had attended the rally is charged with second-degree murder in the case. After that incident, Trump blamed the actions of people “on many sides” of the violent clashes. Trump’s remarks on Charlottesville, in less than three minutes 2:45 President Trump on Aug. 15 said that “there’s blame on both sides” for the violence that erupted in Charlottesville on Aug. 12. (Bastien Inzaurralde/The Washington Post) Though he denounced the white supremacist hate groups directly two days later, Trump then reversed course and again blamed “both sides” on Tuesday, prompting a widespread political backlash. The president on Tuesday explained that his initial reaction had been muted because https://www.washingtonpost.com/...-recycles-discredited-islamic-pigs-blood-tale-after-terrorist-attack-in-barcelona/?utm_term=.19ffc29439fd[12/8/2017 4:51:24 PM] Trump recycles discredited Islamic pigs’ blood tale after terrorist attack in Barcelona - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 107 of 130 he did not have all the “facts” in the case and wanted to be cautious. [Trump mourns loss of ‘beautiful statues and monuments’ in wake of Charlottesville rally over Robert E. Lee statue] In his February recitation of the Pershing story, Trump told a crowd of supporters that the general was having trouble dealing with terrorist attacks and caught 50 suspects. “He took the 50 terrorists, and he took 50 men and he dipped 50 bullets in pigs’ blood — you heard that, right? He took 50 bullets, and he dipped them in pigs’ blood,” Trump continued. “And he had his men load his rifles, and he lined up the 50 people, and they shot 49 of those people. And the 50th person, he said: You go back to your people, and you tell them what happened. And for 25 years, there wasn’t a problem. Okay? Twenty-five years, there wasn’t a problem.” subscribe The story must be told. Your subscription supports journalism that matters. Try 1 month for $1 At one point in telling this story, Trump said: “By the way, this is https://www.washingtonpost.com/...-recycles-discredited-islamic-pigs-blood-tale-after-terrorist-attack-in-barcelona/?utm_term=.19ffc29439fd[12/8/2017 4:51:24 PM] Trump recycles discredited Islamic pigs’ blood tale after terrorist attack in Barcelona - The Washington Post Case 2:17-cv-00178-JLR Document 80-1 Filed 12/13/17 Page 108 of 130 something you can read in the history books — not a lot of history books because they don’t like teaching this.” Although Trump never used the word “Muslim” in this story, he was clearly referring to Muslim terrorists and at one point commented: “There’s a whole thing with swine and animals and pigs, and — you know the story, you know they don’t like that.” Pigs are deemed impure by the Koran. There are several versions of the tale circulating, including one in which the prisoners were buried with dead pigs. The pigs’ blood on the bullets, according to at least one version, would keep a Muslim from entering heaven. The Council on American-Islamic Relations denounced Trump's remarks last year in a sharply worded statement that accused the thencandidate of inciting anti-Muslim attacks. Jenna Johnson contributed to this report. 1984 Comments David Nakamura covers the White House. He has previously covered sports, education and city government and reported from Afghanistan, Pakistan and Japan. Follow @davidnakamura https://www.washingtonpost.com/...-recycles-discredited-islamic-pigs-blood-tale-after-terrorist-attack-in-barcelona/?utm_term=.19ffc29439fd[12/8/2017 4:51:24 PM] Case Document 80-1 Filed 12/13/17 Page 109 of 130 Exhibit Case Document 80-1 Filed 12/13/17 Page 110 of 130 Donald J. Trump 0 @realDonaldTrump Study what General Pershing of the United States did to terrorists when caught. There was no more Radical Islamic Terror for 35 years! 11:45 AM 17 Aug 2017 30,117 Retweets 108,457 Likes 108K Paula @PaulaBonaFide - Aug 17 I Replying to CirealDorald'igimp You are spreading a lie about a horrible. ?ctional account of history. Donald J. Trump 0 Follow ct real DonaloTrch Study what General Pershing of the United States did to terrorists when caught. There was no more Radical Islamic Terror for 35 years! 5,195 Retweets 15.915 Likes .g a. . an: :ov