Meghan Markle stepped out solo Tuesday morning on the second to last day of the royals' South African tour.

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A campaign to defeat an industry-backed e-cigarette measure on San Francisco's ballot will push on despite the announcement by Juul Labs Inc. that it will stop financially supporting the proposal to overturn a city ban on e-cigarettes and vape product sales. The San Francisco company, the nation's largest maker of e-cigarettes, announced late Monday that it will end its support for Proposition C after a review of company policies resulting from a leadership shakeup last week. The e-cigarette industry, and Juul in particular, face mounting scrutiny from federal and local governments over youth vaping and as the 14th U.S. death linked to vaping was reported in Nebraska.

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We rank these bad boys.

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Starbucks has emerged as the latest brand to fall foul of Hong Kong's pro-democracy protesters after a family member of the restaurant chain that owns the local franchise spoke out against demonstrators. One cafe in the district of Wanchai was daubed with slogans saying "boycott", as well as insults to the police and Maxim's Caterers -- the major Hong Kong restaurant chain that runs Starbucks outlets in the city. The vandalism illustrates the huge pressures on international brands as Hong Kong is shaken by its worst political unrest in decades.

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More than half of Americans — and an overwhelming number of Democrats — say they approve of the fact that Congress has opened an impeachment inquiry into President Trump. But as the inquiry begins, there is no national consensus on how to assess the president's actions.

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The lawsuit was brought by a group hoping to eventually overturn U.S. Supreme Court precedents that allow colleges to consider race as one factor in admissions, so long as quotas are not involved. U.S. District Judge Allison Burroughs in Boston concluded that Harvard's program survived strict legal scrutiny, and advanced the Ivy League school's interest in having a diverse student body. "The court will not dismantle a very fine admissions program that passes constitutional muster, solely because it could do better," Burroughs, an appointee of former President Barack Obama, wrote in a 130-page decision.

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North Korea carried out at least one more projectile launch on Wednesday, the South Korean military and Japanese officials said, a day after North Korea announced it will hold working-level talks with the United States at the weekend.

from Reuters: World News

British Prime Minister Boris Johnson's new Brexit plan will leave Northern Ireland in a special relationship with Europe until 2025, the Telegraph newspaper reported on Tuesday.

from Reuters: World News

Fannie, Freddie reform closer, Treasury details plan for profits  Fox BusinessView full coverage on Google News

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1. Halide’s latest update makes switching lenses on the iPhone 11 Pro more intuitive  The Verge
2. iPhone 11 Durability Test! - is the 'cheap' iPhone different?  JerryRigEverything
3. iPhone 11 Pro Max review: what's it like on the other side  Android Authority
4. iPhone 11 review: It's one louder, isn't it?  sixcolors.com
5. Halide update brings enhanced support for iPhone 11 and iPhone 11 Pro  iMore
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1. Shawn Layden, Head Of PlayStation's Game Studios, Departs  Kotaku
2. Sony Worldwide Studios Head Shawn Layden Departs PlayStation - IGN  IGN
3. PlayStation Worldwide Studios boss Shawn Layden is ‘departing’  Polygon
4. A Top PlayStation Boss Is Leaving Sony  GameSpot
5. Shawn Layden departs Sony Interactive Entertainment  GamesIndustry.biz
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How Picasso's got Barstool's Dave Portnoy to give their pizza a try  Buffalo News

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1. Frank Reich 'glad' NFL ejected Vontaze Burfict for 'vicious hit,' calls season-long suspension 'very appropriate'  CBS Sports
2. Vontaze Burfict suspended by NFL for remainder of season for helmet-to-helmet hit  Yahoo Sports
3. Stephen A. reacts to Vontaze Burfict's season-long ban | First Take  ESPN
4. NFL suspends Raiders’ Vontaze Burfict for rest of season for helmet hit  East Bay Times
5. Opinion: Suspending Raiders' Vontaze Burfict for rest of NFL season doesn't go far enough  IndyStar
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1. Pittsburgh Steelers' Mason Rudolph acts like starting QB -- must play like one  ESPN
2. Bengals at Steelers: Live updates, game stats, highlights as winless AFC North foes battle on 'Monday Night Football'  CBSSports.com
3. NFL week 4 open thread  Hot Air
4. In post-AB world, Steelers WRs still searching for identity  Yahoo Sports
5. NFL Power Rankings Week 5: AFC, NFC Standings and Pre-MNF Predictions  Bleacher Report
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Hundreds of migrants from Africa are stuck in Tapachula because of Mexico’s willingness to bow to Trump and stem the flow of migrants African migrants protest outside the Siglo XXI migrants detention center, demanding Mexican authorities to speed up visas that would enable them to cross Mexico to the US. Photograph: Isaac Guzman/AFP/Getty ImagesNeh knew she was taking a risk when she got involved with English-language activists in mostly-Francophone Cameroon.She had no way of know that her decision would eventually force her to flee her country, fly halfway across the world and then set out on a 4,000-mile trek through dense jungle and across seven borders – only to leave her stranded in southern Mexico, where her hopes of finding safety in the US were blocked by the Mexican government’s efforts to placate Donald Trump’s anti-migrant rage.“It is just too much,” sobbed Neh,at a protest camp set up by migrants from across Africa outside the main immigration offices in the sweltering southern city of Tapachula. “We thought our suffering was almost over. And now we’re stuck here, treated like the lowest citizens on earth.”Not that long ago, Neh worked as a microfinance officer and lived with her husband and three children in a small town in the West of Cameroon. Earlier this year, she joined a group campaigning for anglophone independence. She insists her activism was peaceful and that she never supported rebel groups, but amid spiralling violence, she was arrested, beaten, and raped by soldiers. One night, an officer took her from her cell and told her to start running. She imagined she was about to die – but instead she ran into the arms of her husband who had paid a bribe for her freedom.Hustled into hiding, Neh was then put on a plane to Quito where she joined the growing number of migrants from around the world using Ecuador as the jumping off point for the passage north. mapThe harrowing journey requires crossing the the lawless jungles of Darien Gap between Colombia and Panama, where migrants risk wild animals, raging rivers and predatory robbers .For seven days, the 37-year-old hauled herself up and down mountain slopes, hanging on tree roots. Crossing a river, she was almost swept away by the current; an insect bite paralyzed her arm. And each day, her group passed the bloated and half-eaten corpses of others who had died on the same trail.The next stage of her odyssey was more straightforward. With the help of bribes and official paperwork, Neh travelled by bus across Panama, Costa Rica, Nicaragua, Honduras and Guatemala. She began to dream of a new life in the US, reunited with the three children she had left behind.And then, in Mexico, everything ground to an halt. She joined hundreds of migrants from Cameroon, the Democratic Republic of Congo, Angola, Eritrea, Mauritania, and a smattering of other African countries who are stuck in Tapachula because of Mexico’s willingness to bow to Trump and stem the flow of migrants.Until recently, African migrants were waved through Mexico by immigration officials who had no interest in stopping them. Photograph: Isaac Guzman/AFP/Getty ImagesTrump’s main target has always Central Americans who account for most of the migrant flow through Mexico. But the crackdown has caught up travelers from all around the world.Their situation has only been exacerbated by US policies. Earlier this month the US supreme court ruled that the US authorities could deny asylum to anybody who passed through another country to get there.Meanwhile, US officials have pressured Honduras, Guatemala and El Salvador to accept asylum seekers from third countries, even though they are among the most dangerous countries in the world. “We have been taken hostage. We want our freedom,” said José Pelé Messa, a TV presenter who fled the Democratic Republic of Congo in 2010 – first for Angola, and then Brazil, which he had left earlier this year when the security situation there made life untenable.Around him, the inhabitants of the protest camp were gearing up for another day of boredom, under the watchful eye of a group of National Guard officers in riot gear.Railings were draped with blankets and clothes sodden in the previous night’s downpour. Migrants – grouped by nationality or language – pored over documents in Spanish that they couldn’t read or scanned their phones for news from home. A pregnant woman prepared soup on a small wooden burner outside her tent. A couple of toddlers were using discarded plastic bottles as drums.Pelé gestured at the desultory scene: “I took my children through the jungle for this? I’m a corpse. I just haven’t started rotting yet.”Until recently, African migrants were waved through Mexico by immigration officials who had no interest in stopping them.But after Trump’s threat of trade tariffs in May, Mexico’s government scrambled to clamp down: flooding the south of the country with law enforcement, and stepping up cooperation with the US policy of sending asylum seekers back into northern Mexico while their cases are processed.For migrants from countries in Africa, who are much harder to repatriate, it has meant being kept in limbo. Photograph: Isaac Guzman/AFP/Getty ImagesFor Central Americans trying to get through southern Mexico the crackdown has brought more raids, record numbers of deportations, and greater vulnerability to criminal attacks as they are pushed into less visible routes.For migrants from countries in Africa, who are much harder to repatriate, it has meant being kept in limbo.Previously, Mexican immigration authorities had typically issued African migrants with documents ordering them to sort out their status or leave the country within 21 days. Now these documents, which had previously served as de facto transit visas, order them to leave by the southern border. “Mexico is using us as an instrument of politics to please Donald Trump,” said Serge, 21, who also fled the conflict in Cameroon. “This is creating a lot of anger among us.”Frustration in the camp has bubbled over several times, leading to some scuffles with the authorities. This weekend a small group of desperate Africa temporarily blocked a car carrying Filippo Grandi, the head of UNHCR who was visiting Tapachula. One pregnant woman threw herself in front of the car’s wheels crying and pleading for help.Migrants are particularly angered by the perception that they are being coerced into applying for asylum in Mexico – where few feel safe and almost none want to stay.“Mexico is playing games with us,” said a 36-year-old engineer from Eritrea who identified himself as Mr Testahiwet. “This is the way to get to America and we want to go to America. Mexico is the wrong place to ask for asylum.”Some are so desperate they have begun looking for ways to get through Mexico undetected – though their skin colour and their lack of Spanish makes this hard to do.One recent dawn, at a major crossing point on the Suchiate river, not far from Tapachula, around 10 Cameroonians clambered onto a raft made of huge inner tubes and headed towards the Guatemalan side. The migrants sat in a glum and nervous silence as they were punted across, and then piled into cars with blackened windows, presumably driven by people smugglers who had promised to get them through Mexico by another route.Back at the camp, Kelly, another English-speaking refugee from Cameroon, said she hadn’t been able to speak to her children for weeks. Back home, she had been a physics teacher, but she fled her job and her home when the rebels enforced a school boycott on pain of death.“You leave when you can’t take it anymore. You start running, and you keep running until you can stop,” she said. “We are not looking for greener pastures – we are looking for safety.”

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1. Creative Playoff Pitching Isn’t Just for M.L.B.’s Minnows Anymore  The New York Times
2. Postseason Notes: Wild Card, Brewers, Dodgers  MLB Trade Rumors
3. Brewers vs Nationals MLB Wild Card betting picks and predictions: Scherzer to bring the heat  Covers.com
4. Milwaukee Brewers: Just How Good Are Crew’s Chances Against Washington?  Reviewing the Brew
5. Doolittle believes 'this has the chance to be the best year of any of our careers'  NBCSports.com
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In addition to Chernobyl, Russia has tried to hide the details of other nuclear incidents, including an explosion that killed seven people in August.

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Hong Kong went into lockdown on Tuesday to ensure anti-government protests do not overshadow Chinese President Xi Jinping's commemorations of the 70th anniversary of the founding of the People's Republic of China.

from Reuters: World News

By BY MICHELLE GOLDBERG from NYT Opinion


United States Politics and Government, Trump-Ukraine Whistle-Blower Complaint and Impeachment Inquiry, Presidential Election of 2020, Rumors and Misinformation, Corruption (Institutional), News and News Media, Lying

A San Francisco tour guide has been charged with being an agent of the Chinese government, accused of picking up U.S. national security secrets from furtive locations and delivering them cloak and dagger style to Beijing, federal prosecutors said on Monday. Xuehua Peng, also known as Edward Peng, was arrested on Friday in the San Francisco suburb of Hayward, California, and was denied bail during an initial court appearance by a U.S. magistrate judge that same day, federal prosecutors said at a Monday morning news conference. "Defendant Xuehua (Edward) Peng is charged with executing dead drops, delivering payments, and personally carrying to Beijing, China, secure digital cards containing classified information related to the national security of the United States," Anderson said.

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The Al-Shabaab militant group claimed responsibility for an attack on a US base in Somalia on Monday, as the European Union confirmed a separate strike against a convoy of Italian advisers. The raid on the base prompted a counter-attack by US forces who staged "two air strikes and used small arms fire targeting al-Shabaab terrorists," Major General William Gayler, US Africa Command (AFRICOM) director of operations said, adding that 10 "terrorists" died and a vehicle was destroyed.

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1. Projecting the Nats' 25-man Wild Card Game roster  NBCSports.com
2. Rockies walk it off on wild pitch in 13th | Brewers-Rockies Game Highlights 9/29/19  MLB
3. Postseason Notes: Wild Card, Brewers, Dodgers  MLB Trade Rumors
4. The 10 best individual offensive, defensive and pitching performances from the Brewers in 2019  Milwaukee Journal Sentinel
5. Brewers vs Nationals MLB Wild Card betting picks and predictions: Scherzer to bring the heat  Covers.com
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China will celebrate seven decades of communist rule on Tuesday with a display of power through central Beijing, showing off goose-stepping troops, new missiles and floats celebrating the country's technological prowess.

from Reuters: World News

1. 2019 MLB playoffs bracket, postseason field: Schedule, matchups set for Wild Card Games, division series  CBS Sports
2. Lorenzo Cain Put On A Damn Show, Bad Leg And All  Deadspin
3. Latest On Brewers' Injuries  MLB Trade Rumors
4. Brewers have bounced back before but gut-wrenching loss Saturday is their stiffest challenge  Milwaukee Journal Sentinel
5. The MLB postseason bracket is set — here's the schedule for the first two rounds  Yahoo Sports
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An Iowa newspaper reporter who exposed racist tweets by a charity fundraiser has found himself out of a job after his own offensive posts were uncovered.  Aaron Calvin, a journalist for the Des Moines Register, began looking into sports fan Carson King when his jovial plea for beer money turned into a national fundraiser for a children's hospital. But his profile of Mr King led to a public backlash and the newspaper was forced to hire extra security after receiving threats. Public scrutiny turned to Mr Calvin himself, who left the newspaper after it emerged he had made comments mocking same-sex marriage and used a racial slur. Mr King gained national fame on September 14, when his hand-drawn sign for donations for his "Busch Light Supply"  at an Iowa State University American football game was featured in the background of a TV broadcast.  He initially received around $600 (£488) from amused spectators but as donations topped $1 million (£814,650), Mr King said he would donate the money to a University of Iowa children's hospital. Carson King raised $1.8m for a local children's hospital The company behind Busch Light lager offered their own donation along with a year's supply of beer for Mr King in with his face printed on the limited-edition cans.  By way of thanks for the $1.8m (£1.5m) funding, Iowa's governor declared September 28 would be "Carson King Day", saying his "volunteerism and selflessness defines Iowans by nature". At around the same time, Mr Calvin began writing his profile on the 24-year-old casino security guard and found that Mr King had tweeted two racist jokes about black people while in high school.  Hey Everyone! Just a quick appreciation post for ya ☺️ ForTheKidspic.twitter.com/y0Gdj2V3Tl— Carson King (@CarsonKing2) September 26, 2019 Before the piece was published Mr King held a press conference to apologise, saying "I am so embarrassed and stunned to reflect on what I thought was funny when I was 16-years-old". He emphasised that the Des Moines Register "has been nothing but kind in all of their coverage, and I appreciate the reporter pointing out the post to me". "Thankfully, high school kids grow up and hopefully become responsible and caring adults," he added.  The Register is aware of reports of inappropriate social media posts by one of our staffers, and an investigation has begun.— Des Moines Register (@DMRegister) September 25, 2019 The development led Busch Light to distance itself from Mr King, thought it said it would still honour its $350,000 donation. However online supporters of Mr King turned on the newspaper, criticising its decision to cover his teenage posts. Attention turned to Mr Calvin's own Twitter profile and it emerged the reporter himself had made offensive comments about race, same-sex marriage and domestic abuse. Mr Calvin deleted the tweets and apologised "for not holding myself to the same high standards as the Register holds others."  The paper's editor, Carol Hunter, announced that Mr Calvin was no longer with the paper and that its "social media vetting" for employees would be re-examined.

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China's tightly choreographed 70th birthday bash next week risks being upstaged by pro-democracy protests in Hong Kong, which offer a starkly different take on the strength and power of the Communist Party being feted in Beijing. As President Xi Jinping gets ready to preside over a huge military parade and gala event on Tuesday, the former British colony is in tumult over the erosion of its special freedoms by Beijing. Hong Kong has been rocked by the worst political unrest since its handover to China in 1997, with another round of clashes between protesters and riot police on Saturday and Sunday.

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The man who slammed his SUV into a suburban Chicago mall has been formally charged with terrorism and criminal damage to property, authorities said.

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Wildlife officials found three more dead wild elephants in central Sri Lanka Saturday, raising the number believed to have been poisoned by angry villagers to seven. The animals were found at a forest reserve near Sigiriya, a fifth-century rock fortress and UNESCO-protected heritage site, police said. "Since Friday, we have found the remains of seven cow elephants, including a tusker," police spokesman Ruwan Gunasekera said.

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Hong Kong protesters are to join a global "anti-totalitarianism rally" on Sunday, following another night of violent clashes with police after weeks of pro-democracy unrest in the Chinese-ruled city. Police fired tear gas and water cannon on Saturday night to disperse protesters who threw petrol bombs and rocks, broke government office windows and blocked a key road near the local headquarters of China's People's Liberation Army. Thousands, young and old, gathered peacefully on Saturday at a harbourside park to mark the fifth anniversary of the "Umbrella" pro-democracy movement which gridlocked streets for 79 days in 2014.

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Back home in the Bronx is where I first heard the old saw about the Irishman who, coming upon a donnybrook at the local pub, asks a bystander: “Is this a private fight or can anybody join?”I was a much younger fellow then. The prospect becomes less alluring with age, so I have some trepidation stepping in between two old friends, Andrew Napolitano and Joe DiGenova. Through intermediary hosts, the pair -- Napolitano a former New Jersey Superior Court jurist and law professor, DiGenova a former United States Attorney for the District of Columbia and prominent defense lawyer -- brawled this week on Fox News (where I, like they, contribute regularly).I’m going to steer clear of the pugnacious to-ing and fro-ing. Let’s consider the intriguing legal issue that ignited it.Judge Napolitano argues that the July 25 conversation between President Trump and Ukrainian President Volodymyr Zelensky contains the makings of a campaign-finance crime. He highlights Trump’s request for Ukraine’s help in investigating then–vice president Joe Biden. In 2016, Biden pressured Kyiv to drop a corruption investigation of Burisma, a natural gas company that paid Biden’s son, Hunter, big bucks to sit on its board.Biden, of course, is one of the favorites for the Democratic presidential nomination. Napolitano reasons that the information Trump sought from Ukraine would be a form of “opposition research” that could be seen as an in-kind donation to Trump’s reelection campaign, which should be deemed illegal because the law prohibits foreign contributions and attempts to acquire them. (Napolitano also raised the “arguable” possibility of a bribery offense, on the theory that Trump was withholding defense aid as a corrupt quid pro quo to get the Biden information. But he emphasized the foreign contribution issue. That is his stronger argument, and I am focusing on it, given that the Trump-Zelensky transcript does not support a quid pro quo demand; plus bribery, in any event, raises the same “thing of value” proof problems addressed below.)DiGenova strongly disagrees. Though there wasn’t much time to elaborate, he is clearly relying on the lack of past campaign-law prosecutions on similar facts. DiGenova is also voicing the prudent conservative hostility to campaign-finance laws: Any expansion of criminal liability would necessarily restrict political speech, the core of First Amendment liberty.I’m with DiGenova on this, but it’s a closer question than he suggests. Napolitano’s construction of the campaign laws, while not wholly implausible, is purely academic. It ignores real-world concerns about free speech and the prosecutor’s burden to prove intent.Most of the commentary on this has been very politicized (surprise!). For dyed-in-the-wool anti-Trumpers, no technicality is too trifling to be a felony. For the Trump base, it’s all a witch hunt. In light of this, the most helpful source we can turn to is the Mueller Report. (File in: Sentences I’d Have Bet My Life I’d Never Write.)Special Counsel Robert Mueller’s team overflowed with partisan Democrats, and their report could have been entitled “Roadmap to Impeachment.” While they faced complications (that I’ve addressed) in making a case against the president, the prosecutors were not inhibited when it came to other subjects of the investigation. They’d have loved to nail Donald Trump Jr. But the only thing they had was the notorious Trump Tower Meeting of June 2016, when Don Jr. orchestrated a meeting with a Kremlin-tied lawyer (Natalya Veselnitskaya) in an effort to obtain Russian dirt to be used against Hillary Clinton. Veselnitskaya supplied information, but it was a dud.The campaign-finance offense that Napolitano urges be charged against President Trump appears to be the same one Mueller considered charging against Don Jr. The Mueller team’s analysis (Vol. 1, pp. 186-187) is thus on point. And it is frustratingly ambiguous -- as befits the constitutionally dubious campaign-finance laws.Two offense elements proved to be stumbling blocks for the prosecutors. The first is the question whether opposition research is a “thing of value” under federal law. Mueller’s team assumed that, in theory, it might be (the Napolitano view), but that to interpret it as such would break new ground and raise troubling First Amendment issues (the DiGenova position).The second problem was the intent element. As I’ve observed before, regulatory crimes are not innately wrong (in contrast to, say, murder or robbery). They are illegal only because we choose to make them illegal (for you Latinists out there, they are malum prohibitum). Because the conduct is not wrong in itself (malum in se), the law requires a higher degree of malevolent intent before it can be criminalized. Prosecutors must prove willfulness, which very nearly reverses the adage that “ignorance of the law is no excuse.” The defendant must be shown to have known that his intentional conduct was illegal -- not merely unsavory but actually prohibited by law. The Mueller team concluded that they could not have hoped to prove willfulness beyond a reasonable doubt.So, while there might be some conceivable scenario in which acquiring information from a foreign source for use in a campaign could be a federal crime, it is highly unlikely -- so unlikely that some Type A prosecutors wisely decided that the huzzahs they’d have gotten for indicting the president’s son were outweighed by the humiliation they’d endure when the case inevitably got thrown out of court.The Mueller report is also worth considering because the campaign-finance charge the prosecutors rejected is stronger than would be any similar charge against President Trump arising out of the Zelensky call. That, no doubt, is why the Justice Department summarily declined prosecution.To hear the media-Democrat complex tell it, DOJ declined because it is beholden to the president and Attorney General Barr is acting as Trump’s lawyer, not the government’s chief prosecutor. No one who actually took five minutes to read the relevant section of the Mueller Report would see it that way. Moreover, the fact that the president is president complicates matters not only politically but legally.Trump detractors hyper-focus on the president’s request that President Zelensky provide Attorney General Barr with any information Ukraine might have about Biden twisting arms to quash an investigation involving his son’s cashing in on dad’s influence. I say “hyper-focus” because there was a lot more to it than that. Long before the conversation came around to the Biden topic, the “favor” that Trump asked for was Zelensky’s assistance in Barr’s ongoing investigation of the genesis of the Trump-Russia investigation.No matter how much Democrats seek to discredit that probe and the AG overseeing it, it is a legitimate investigation conducted by the United States Department of Justice, which has prosecutors assigned and grand jury subpoena power. It is examining questionable Justice Department and FBI conduct. It is considering whether irregularities rise to the level of crimes. It will be essential to Congress’s consideration of whether laws need to be enacted or modified to insulate our election campaigns from politicized use of the government’s counterintelligence and law-enforcement powers.I mention all this because it is a commonplace for the government to seek assistance from foreign counterparts for ongoing federal investigations.Indeed, as Marc Thiessen pointed out this week in an important Washington Post column, Democratic senators pressured Ukraine to cooperate with the Mueller probe -- notwithstanding the obvious potential electoral ramifications and the specter of “foreign interference in our democracy.” These requests for assistance often occur at the head-of-state level. When I was a federal prosecutor in the mid-nineties, for example, the FBI and Justice Department asked President Clinton to intervene with Saudi authorities to assist the investigation of Iranian complicity in the Khobar Towers bombing.There is nothing wrong with our government’s requesting the assistance of foreign governments that have access to witnesses and evidence relevant to an ongoing Justice Department investigation. The president is the democratically elected, constitutionally empowered chief executive: There is nothing his subordinates may properly do that he may not do himself (it is his power that they exercise). And the president is never conflicted out of executive branch business due to his political interests. There is no legal or ethical requirement that the Justice Department be denied potentially probative evidence because obtaining it might affect the president’s political fortunes.There was no impropriety in President Trump’s asking Ukraine’s president to assist the Justice Department’s investigation of Russiagate’s origins. Okay, you say, but what does that have to do with Biden?Well, Biden was the Obama administration’s point man in dealing with Kyiv after Viktor Yanukovych fled in 2014. That course of dealing came to include Obama administration agencies leaning on Ukraine to assist the FBI in the investigation of Paul Manafort, Trump’s campaign chairman. So, Biden’s interaction with Ukraine is germane: The fact that he had sufficient influence to coerce the firing of a prosecutor; the fact that, while Biden was strongly influencing international economic aid for Kyiv, a significant Ukrainian energy company thought it expedient to bring Biden’s son onto its board and compensate him lavishly -- although Hunter Biden had no experience in the industry.That aside, I do not understand why there has not been more public discussion of the Foreign Corrupt Practices Act in light of the instances of Hunter Biden conveniently cashing in with foreign firms while his dad was shaping American policy toward those firm’s governments. As we saw with the collusion caper, it does not take much evidence of any crime for the FBI and the Justice Department to open an investigation and scorch the earth in conducting it. And if it would have been legit for the Justice Department to open an FCPA investigation of one or both of the Bidens, then it was appropriate for President Trump to ask President Zelensky to help the Justice Department determine if an FCPA crime took place – even if doing so could have affected the 2020 fortunes of Biden and Trump.Don’t get me wrong: I am not rooting for Joe Biden or his son to be subjected to investigation and prosecution. I agree with Attorney General Barr that there has been too much politicization of law enforcement and intelligence. In the absence of a concrete, patent, and serious violation of the criminal law, I want the Justice Department and the FBI out of politics – which would be better for them and for politics. If you think there is an indecorous heavy-handedness to the way Donald Trump and Joe Biden conduct foreign policy, that’s fine – go vote against them on Election Day. We don’t need creative prosecutors deciding elections by testing the boundaries of abstruse statutes.Neither, however, do I believe in unilateral disarmament. There is at least as much basis for opening an FCPA investigation against the Bidens as for opening campaign-finance investigations against the Trumps. If I had my druthers, all of this nonsense would end. But as I detailed earlier this week, we have one candidate for the presidency -- a once-serious legal scholar and practitioner -- who publicly and straight-faced says Trump’s call with Zelensky could rate the death penalty. As we saw in the late 1990s, when Bill Clinton got to experience the independent-counsel statute up close and personal, maybe it takes Democrats being hoisted on their own petard before we finally say: This has to stop.

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