The deputy director of Immigration and Customs Enforcement on Monday slammed a Democratic proposal to limit the number of beds at immigration detention centers, calling the idea “extremely damaging to public safety.”
The remarks by ICE Deputy Director Matt Albence came as bipartisan compromise talks on funding for President Trump’s proposed border wall have completely broken down and just days before another government shutdown is set to begin.
“If we are forced to live with a cap, we will be forced to release criminal aliens in our custody.” Albence said on Monday. “We will be limited in our ability to respond to state and local law enforcement agencies making arrests for these crimes.”
Democrats have proposed a cap on the number of available beds in ICE detention centers with the goal of forcing the Trump administration to prioritize arresting and deporting only violent criminals and dangerous offenders.
“We prioritize our limited resources to the best of our ability, but putting an artificial cap on the ability to detain individuals who pose threats will lead to disastrous results,” Albence said.
Senate Majority Leader Mitch McConnell joined Albence in criticizing the Democrats’ proposal, saying the plan is “not based on reality” and that Democrats have come up with “an arbitrary number that a couple of lawmakers pulled out of thin air.”
As recently as last Friday, congressional negotiators said they expected a deal to be made, although some key players were pessimistic and Democrats indicated that money for physical barriers would likely end up well below the $5.7 billion that Trump has sought for the wall.
The amount discussed hovered much closer to $1.6 billion, participants in the negotiations said, a figure that was in a bipartisan Senate bill last year.
Lawmakers hoped to get the talks back on track at a meeting on Monday afternoon.
The plan is to keep pushing for a deal, in part because the underlying spending measure funds a bevy of Cabinet departments and represents months of work on Capitol Hill. A collapse of the negotiations could imperil budget talks going forward that are required to prevent steep spending cuts to the Pentagon and domestic agencies.
Trump blamed Democrats in the migrant detention dispute, tweeting, “The Democrats do not want us to detain, or send back, criminal aliens! This is a brand new demand. Crazy!”
The fight over ICE detentions goes to the core of each party’s view on immigration. Republicans favor rigid enforcement of immigration laws and have little interest in easing them if Democrats refuse to fund the Mexican border wall. Democrats despise the proposed wall and, in return for border security funds, want to curb what they see as unnecessarily harsh enforcement by ICE.
Acting White House chief of staff Mick Mulvaney, in appearances on NBC’s “Meet the Press” and “Fox News Sunday,” said “you absolutely cannot” eliminate the possibility of another shutdown if a deal is not reached over the wall and other border matters.
But Mulvaney did signal that the White House would prefer not to have a repeat of the last shutdown, which stretched more than a month, left more than 800,000 government workers without paychecks, forced a postponement of the State of the Union address and sent Trump’s poll numbers tumbling. As support in his own party began to splinter, Trump ended the shutdown after 35 days without getting money for the wall.
Fox News’ Kristen Brown and The Associated Press contributed to this report.
McCabe says ‘it’s possible’ Trump’s a Russian asset
McCabe has said in the past that the FBI had a good reason to open up a counterintelligence investigation into whether Trump was working with Russia and a possible national security threat.
The former official was on CNN’s “Anderson Cooper 360” when he was asked if he believes Trump may still be a Russian asset. He said he’s “anxious” to see the conclusion of special prosecutor Robert Mueller’s investigation.
He was also asked if he believes Trump is fit to serve and said it is not up to him to make the determination.
Gowdy challenges McCabe’s claim congressional leaders didn’t object to Russia counterintelligence probe
Former congressman and Fox News contributor Trey Gowdy disputed former acting FBI director Andrew McCabe’s claim Tuesday that congressional leaders didn’t object to the bureau’s counterintelligence investigation over President Trump’s Russia ties.
“The reason he’s doing it this way is that [Rep. Devin Nunes, R-Calif.] and [former House Speaker Paul Ryan, R-Wis.] are not allowed to discuss anything that’s said in a ‘Gang of Eight’ meeting and McCabe knows that,” Gowdy said on “The Story with Martha MacCallum.” “So he can level the accusation and Devin and Paul cannot refute him.” Nunes chaired the House Intelligence Committee from 2015-19.
McCabe, in an appearance on NBC’s “Today” show Tuesday morning, said no members of the “Gang of Eight,” a bipartisan group of House and Senate leaders, including Nunes and Ryan, objected to the investigation.
“I told Congress what we had done,” McCabe told Savannah Guthrie.
“Did anyone object?” Guthrie asked.
“That’s the important part here, Savannah,” McCabe replied. “No one objected. Not on legal grounds, not on constitutional grounds and not based on the facts.”
Gowdy, formerly a member of the House Judiciary Committee, said he believed McCabe wasn’t telling the truth and that Nunes and Ryan did not know about a second investigation.
“There were three investigations into a duly elected president. The Peter Strzok one from July of 2016 and then McCabe started a counterintelligence [probe] and if he’s telling the truth, started a criminal probe into the president of the United States,” Gowdy told Martha MacCallum.
“I listened to Devin and Paul quiz the [Justice Department] and the FBI for hours on multiple occasions about the one counterintelligence investigation, we all knew about it. I find it stunning that they would know about a second one and not say a single solitary word.”
Gowdy also addressed former FBI Director James Comey’s May 2017 firing and McCabe’s belief that the president was trying to shut down the Russia investigation.
“If thinking that Jim Comey is not a good FBI director is tantamount to being an agent of Russia then just list all the people that are agents of Russia. [Senate Minority Leader] Chuck Schumer, [House Speaker] Nancy Pelosi, [Deputy Attorney General] Rod Rosenstein…,” Gowdy said.
Fox News’ Martha MacCallum contributed to this report.
Trump, Giuliani deny president tried obstructing Michael Cohen investigation
President Trump’s attorney, Rudolph Giuliani, denied a New York Times report that Trump asked then-Acting Attorney General Matt Whitaker whether U.S. Attorney Geoffrey Berman, a presidential ally, could be put in charge of the investigation into alleged wrongdoing by Trump’s onetime personal attorney Michael Cohen.
“The president said today he had no such conversation with the acting AG, and I believe Mr. Whitaker issued a statement to the same effect,” Giuliani said in a statement late Tuesday. “The rest of the piece is just a regurgitation of previously refuted obstruction theories. They all fail as obstruction because as [Harvard Law] Professor [Alan] Dershowitz’s recent book and many other authorities make clear, all of the alleged actions were within the president’s sole discretion under Article II of the U.S. Constitution.”
The Times report said that Whitaker told Trump that he could not put Berman in charge of the Cohen investigation because he had already recused himself from that matter. The paper claimed that Trump “soured” on Whitaker and “complained about his inability to pull levers at the Justice Department that could make the president’s many legal problems go away.”
Trump denied the story at the White House Tuesday afternoon, referring to the Times report as “more fake news” and saying that he had a “very good” relationship with Whitaker, who was replaced last week by William Barr.
“I have a lot of respect for Mr. Whitaker. I think he’s done a great job,” Trump said. He said Whitaker was “a very fine man, and he should be given a lot of thanks by our nation.”
Justice Department spokesperson Kerri Kupec referred to testimony Whitaker gave to the House Judiciary Committee earlier this month.
“Under oath to the House Judiciary Committee, then-Acting Attorney General Whitaker stated that ‘at no time has the White House asked for nor have I provided any promises or commitments concerning the special counsel’s investigation or any other investigation,'” Kupec said. “Mr. Whitaker stands by his testimony.”
Berman was named acting U.S. attorney for the Southern District of New York in January 2018 by the AG at that time, Jeff Sessions. Berman was appointed to the position indefinitely by the panel’s judges three months later.
Prosecutors in the Southern District say Trump directed Cohen to make illegal hush-money payments to two women — adult film star Stormy Daniels and former Playboy model Karen McDougal — in order to keep them quiet about alleged sexual encounters with them dating back more than a decade and coming soon after he’d married his current wife, Melania. Cohen is scheduled to report to prison next month to begin a three-year sentence after pleading guilty this past August to campaign finance and other violations.
Cohen is also scheduled to appear before the House Intelligence Committee on Feb. 28. His attorney, Lanny Davis, has said that Cohen also plans to testify before the Senate Intelligence Committee and the House Oversight Committee before the end of this month. In November, Cohen pleaded guilty to lying under oath to the Senate Intelligence Committee as part of Special Counsel Robert Mueller’s ongoing investigation into alleged collusion between the Trump campaign and Russian officials.
Fox News’ John Roberts and Jake Gibson contributed to this report.
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