Barack Obama

Sept. 2 (UPI) — A judge who vacated the conviction of former U.S. Army Sgt. Bowe Bergdahl in 2023 lacked the jurisdiction to do so, a federal appeals court ruled.

The case of Bergdahl, who walked off an Army base in Afghanistan in 2009 and was captured by the Taliban, has stretched for years. The ruling by the U.S. Court of Appeals for the District of Columbia Circuit on Tuesday reinstates Bergdahl’s dishonorable discharge from the military and other punishment.

“Obviously, we are disappointed by the outcome,” said Eugene R. Fidell, Bergdahl’s lawyer, The New York Times reported. “This entire controversy has lasted a very long time. But it continues to be an important case, not only for Sergeant Bergdahl but for the integrity of the military justice system.”

Fidell said Bergdahl can request a rehearing before the same panel or seek a review by the entire appeals court or the U.S. Supreme Court.

In the ruling Tuesday, the judges said the case “presents nuanced questions regarding jurisdiction and the evolving relationship between [federal district] courts and military courts.”

“Jurisdiction here turns on whether the remedy sought falls within a district court’s power to grant,” the ruling said. “Because Article III district courts lack jurisdiction on collateral review to vacate court-martial judgments, the District Court lacked jurisdiction over Bergdahl’s claims. Therefore, we remand the case to the District Court to dismiss for lack of jurisdiction.”

In July 2023, federal district court Judge Reggie Walton vacated all judgments against Bergdahl after Oct. 16, 2017.

That is the date Bergdahl pleaded guilty to desertion and misbehavior before the enemy for his actions in Afghanistan — and the date the military judge in that court martial, Jeffery Nance, applied to become an immigration judge during President Donald Trump‘s first term, Walton’s ruling said. The Justice Department later hired Nance.

During his first presidential campaign, Trump called Bergdahl “a dirty, rotten traitor” and called for him to be executed or returned to the Taliban.

Nance refused a defense request to dismiss the case against Bergdahl because of those remarks, saying he was “completely unaffected” by them and that Bergdahl would still have a fair sentencing hearing. That hearing took place at the end of October 2023.

Walton, in his 2023 ruling, said that based on Nance’s application as an immigration court judge, any reasonable person could conclude that Nance’s impartiality was jeopardized.

An Army investigation found in 2015 that Bergdahl intended to hike to another Army post and report issues in his unit when he left his base in Afghanistan in 2009. He was captured not long after leaving and held and tortured by the Taliban over five years. In 2014, President Barack Obama secured Bergdahl’s release in a prison exchange.

Sept. 2 (UPI) — Patagonia, an outdoor apparel company, announced Wednesday it sued the Trump administration for cuts dramatically shrinking the size of Bears Ears National Monument in Utah.

This is the second time Patagonia has sued the administration, the company said. In 2017, during Trump’s first term, it became the first company to sue a sitting president over public land after the president issued orders shrinking Bears Ears by 85% and Grand Staircase-Escalante National Monument, also in Utah, by nearly half.

The case was not decided by the time of the 2020 election, and President Joe Biden restored both monuments to their original size in 2021.

On July 13, Trump issued orders to shrink them again — Bears Ears by about 91% this time and Grand Staircase-Escalante by about 90%. This amounts to nearly 3 million acres of land that will lose monument-related protections, the company said in a press release.

“Slashing Bears Ears and dismantling the Bears Ears commission is a betrayal of Tribal sovereignty and needlessly throws away years of effort to create the first Tribal co-management structure of a national monument in U.S. history,” Ryan Gellert, Patagonia CEO, said in a statement. “Patagonia worked with the Bears Ears Inter-Tribal Coalition, scientists, conservation groups, outdoor industry advocates and more to establish the monument in 2016, and we are committed to defending it today and into the future.”

President Barack Obama designated the Bears Ears monument in late 2016, following a proposal by five Tribal entities: the Navajo Nation, Hopi Tribe, Ute Mountain Ute Tribe, Ute Indian Tribe of the Uintah and Ouray Reservation and the Pueblo of Zuni. A coalition of these groups co-manages the monument with the U.S. Bureau of Land Management.

Patagonia says the U.S. Antiquities Act gives presidents the power to designate national monuments but not to undo them. However, the Trump administration, as well as others including Republican Utah Gov. Spencer Cox, say the monuments violate that act, which they say limits the designation to the smallest parcel of land necessary for the proper care and management of the objects to be protected.

The Trump administration argued that term “objects of historic or scientific interest” in the Antiquities Act has been stretched to include landscapes and biodiversity — and should not.

When signing the new orders in July, Trump criticized the size of the monuments, claiming that the public cannot hunt, fish or “virtually not even walk” on the land. However, the Utah Division of Wildlife Resources and the U.S. Bureau of Land Management explicitly say people can hike, hunt and fish in both monuments, as well as take part in other forms of outdoor recreation.

The Center for Western Priorities said in July that Trump’s orders could open the land for sale or lease oil, gas, mining or logging companies within 60 days.

Aug. 28 (UPI) — The U.S. State Department removed a Kehinde Wiley painting from its embassy in the Dominican Republic and wants to sell it after Trump administration officials called it “woke.”

The department is talking with legal representatives to determine whether it can sell Young Artists After Siamesas 1960, which was commissioned with taxpayer funds in 2013 for the Art in Embassies cultural diplomacy program.

U.S. Ambassador Leah Campos posted a video Aug. 11 showing the painting being removed after it was initially covered with a tarp featuring a U.S. flag design.

“Under the Trump administration and my leadership, we are leaving behind globalist and ‘woke’ ideologies to embrace American patriotism and the beauty of our great country,” Campos wrote.

Erin Scavino, director of Art in Embassies, said in a recent interview with former Trump White House press secretary Sean Spicer that her team had worked to remove the painting. She described it as “very woke” and “aesthetically terrifying.”

The State Department cited comments Wiley made about another of his works and sexual misconduct allegations that the artist has denied, according to The Art Newspaper.

Dominican law would allow physical ownership of the painting to be transferred, but Wiley would retain his intellectual property rights, according to an analysis published by the Dominican news outlet Acento.

Attorney Edwin Espinal Hernández said the Dominican Republic’s copyright law distinguishes between ownership of the physical object and intellectual property rights over the work, Acento reported.

A buyer could own and display the canvas, but could not reproduce it, print it or sell copies without Wiley’s authorization unless the parties expressly agree otherwise.

Dominican law also recognizes an artist’s resale right. If the transaction takes place through a public auction, an exhibition or a professional dealer, Wiley would be entitled to receive at least 2% of the sale price from the seller.

In addition, if the transaction exceeds approximately $12,000, Dominican anti-money laundering law would prohibit a cash payment and require verifiable proof of the transaction.

Wiley created the painting in 2015 in collaboration with Dominican students from the School of Arts and the Altos de Chavón School of Design in La Romana, according to the official documentation from Art in Embassies.

According to the expanded Art in Embassies description, the 107-by-150-inch oil-on-linen painting depicts four local art students in poses inspired by Female Nude (1940) by Celeste Woss y Gil and Siamese Twins (1960) by Gilberto Hernández Ortega.

Wiley gained international recognition after painting President Barack Obama‘s official portrait, which was unveiled at the National Portrait Gallery in 2018.

The State Department had awarded Wiley a Medal of Arts in 2015 for his contributions to U.S. cultural diplomacy.

As a teenager before he was even allowed to vote, Charlie Comfort organized for then-Sen. Barack Obama in his hometown of Oskaloosa, Iowa.

Now he’s a Republican.

Meet Charlie. He lives in Waterloo.

He’s 23 and this will be his third presidential caucus.

Charlie’s first foray into politics was during the 2008 campaign. He met Obama at the Smokey Row Coffeehouse, one of the most popular stops for candidates in Oskaloosa, on the Fourth of July in 2007.

Obama campaign volunteers. (Handout)

It was Malia Obama’s 9th birthday, and the shop’s staff put the candidate’s daughter’s name up on the marquee inside.

After Obama spoke, Charlie ran home excited and ready to help.

He wasn’t old enough to vote but dedicated hours to organizing his neighbors, teachers and anyone else who would listen. The Obama campaign said Charlie, a high school student, made more phone calls than any other volunteer in town.

His hard work — at age 15 — earned him a prime spot next to the candidate in this group photo.

The Comfort family was the subject of a front-page story in the Washington Times the morning of the caucus.

Why?

They clearly illustrated the divided nature of the state: Martha Comfort backed Hillary Clinton, Keith Comfort preferred John Edwards and their son was traveling all over the region to put up Obama lawn signs instead of finishing his homework.

Here they are, eight years ago.

Martha Comfort, a legal assistant in town, was working as a Clinton precinct captain. Keith Comfort, a banker, was a little more passive about his support for Edwards, who would ultimately come in second in the caucuses (and later drop out of the race).

Here’s a semi-awkward clip where I tried to get them to pretend they were in a caucus.

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Eight years later, Charlie is a Republican.

Before we get to how that happened, it’s important to note the teenager used the skills he built as a political organizer to run for office himself.

At the age of 19 in October 2011, he became the youngest school board member in Oskaloosa’s history after unseating a 17-year incumbent and getting all his friends to vote.

His interest in education policy had an unintended consequence — he didn’t like that Obama, for whom he’d worked so hard to get to the White House, had not revamped the No Child Left Behind Act as promised. He found himself intrigued by the Republican candidates coming to town in the hopes of winning the Iowa caucuses and challenging Obama in 2012.

In the 2012 Iowa caucuses, he was a Newt Gingrich precinct captain.

But he changed his mind on the way in, and his first caucus vote ultimately went to ex-Sen. Rick Santorum. “I appreciate he spent so much time in Iowa,” Charlie says now.

Once Mitt Romney won the nomination, Charlie set out to help the GOP in the swing state.

That fall, he appeared in a piece by “PBS NewsHour.” (About four minutes into the piece, interviewed at the Smokey Row coffee shop, of course.)

Fast forward four years, and he’s got a tough choice to make.

Charlie has moved from Oskaloosa to Waterloo and is working in marketing. He spent his weekend “chasing the candidates around” because he was undecided as the long campaign for the caucuses comes to a close.

Like most Iowans interested in this quirky process, he’s met many of the hopefuls as they make their way across the state. He even introduced former Florida Gov. Jeb Bush at an event at Smokey Row in October. But that didn’t really help him make up his mind.

“I am disappointed by all the anger, rhetoric and hatred that has been spewed by the party this year,” he says. “I am disappointed that the candidates who would support more moderate values have balked on that to try and get more of a conservative base turning out and I don’t think the Republican platform has been expressed as well as it could.”

Martha and Keith Comfort are still Democrats.

But they also are still split on their preferred candidate.

Keith Comfort gave his first-ever political donation, to Sen. Bernie Sanders. Martha Comfort isn’t working on Clinton’s behalf this time, but she’s still in her corner — probably.

“Now I’m on the fence and I may lean towards Bernie,” she says. “I like what he stands for and I look at Hillary and she really does have the experience but she does have some baggage. But I guess everybody does.”

Then again … “I’m leaning to Hillary because she’s realistic about what she’s promising. She knows what takes place in the office of the president and the process to get things through Congress.”

She says she’ll be resolute in her choice before walking into her neighborhood caucus meeting Monday night: “Nobody is going to persuade me there, even if my husband is across the room.”

As for Charlie, he’s made up his mind.

Iowa caucusgoer Charlie Comfort and presidential hopeful Carly Fiorina

Charlie Comfort and Carly Fiorina. (Courtesy of Charlie Comfort)

He didn’t even need the whole weekend.

“This is who I plan to caucus for,” Charlie said Saturday via Facebook Messenger.

It wasn’t intended to have dramatic effect, but the photo didn’t come through for several minutes.

But there he is, smiling next to former Hewlett-Packard Chief Executive Carly Fiorina, considered a long shot in Iowa and nationally.

“She seems genuine, authentic. She has a business background and has experience with policymakers, whether it be domestically or foreign. Ultimately, I think she is in it for the right reasons — to help fix America,” he said.

“I am very impressed with her secretary-to-CEO story. Only in America.”

For more, go to www.latimes.com/politics

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Aug. 19 (UPI) — President Donald Trump declared “economic warfare” against Iran on Wednesday night amid stalled diplomatic efforts to end the war.

Few specifics were offered about what this apparent intensification of Trump’s maximum pressure campaign would look like, but the president said it would be “the MOST CRUSHING ECONOMIC OPERATION EVER TAKEN AGAINST ANY COUNTRY!”

“This will be Economic Warfare and Isolation on an unprecedented scale,” Trump said in his social media statement.

Financial institutions, businesses, airports and government entities accused of providing “any type of lifeline to Iran” will face what Trump called “TREMENDOUS Economic Consequences,” though he did not elaborate further.

“Oil smuggling, swap lines, cash transfers, exchange houses, ship registries, front companies — It all needs to stop NOW,” he said. “You know who you are. This will be an ECONOMIC D-DAY.”

To enforce the plan, Trump called on all U.S. allies to work with Washington to isolate Iran.

“These maniacs are on the ropes, and these HISTORIC MEASURES will cripple them and their ability to project terror worldwide,” he said.

The announcement came hours after Trump told reporters at the White House that there are more sanctions the United States could impose on Iran.

“Well, we have things that we could sanction,” he said. “We have very draconian sanctions and we’ll see what happens.”

Earlier Wednesday, Trump also said formal negotiations with Iran could restart “at some point,” while suggesting there was no urgency to resume talks.

“Right now, I think the situation is so good, but maybe at some point,” he said.

Trump has long relied on economic pressure as a means to coerce Iran. During his first term, after unilaterally withdrawing the United States from an Obama-era multinational accord aimed at preventing Iran from obtaining a nuclear weapon, Trump launched his maximum pressure campaign of sanctions and other punitive measures against Tehran, failing in its objective to force Iran back to the negotiating table on a new deal. Instead, Iran began gradually reducing its compliance with the nuclear accord.

Trump reinstated that maximum pressure campaign after returning to the White House last year. The Treasury has since folded its sanctions efforts into a campaign it calls Economic Fury, complementing Operation Epic Fury, the U.S. military campaign that began Feb. 28 and ended May 5, though the broader war continues.

Trump has been seeking a phased end to the war, but negotiations have stalled over competing demands concerning the Strait of Hormuz. The United States is seeking to restore freedom of navigation through the important energy route, while Iran is seeking to retain the leverage it gained by restricting passage through the strait.