60 win apk,Www hhgg2 com this is game list apk.Recharge Every day and Get Bonus up-to 50%! https://www.criminaljusticepartners.com/author/jacob-fischler/ Shining brightest where it’s dark Tue, 01 Oct 2024 09:44:06 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://www.criminaljusticepartners.com/wp-content/uploads/2022/11/cropped-Kentucky-Lantern-Icon-32x32.png Jacob Fischler https://www.criminaljusticepartners.com/author/jacob-fischler/ 32 32 Energy and climate: Where do Harris and Trump stand? https://www.criminaljusticepartners.com/2024/10/01/energy-and-climate-where-do-harris-and-trump-stand/ https://www.criminaljusticepartners.com/2024/10/01/energy-and-climate-where-do-harris-and-trump-stand/#respond Tue, 01 Oct 2024 09:40:39 +0000 https://www.criminaljusticepartners.com/?p=22580

Rivian Electric Delivery Vehicles (EDV) are seen connected to electric chargers during a launch event between Amazon and Rivian at an Amazon facility on July 21, 2022 in Chicago, Illinois. (Photo by Mustafa Hussain/Getty Images)

This is one in a series of States Newsroom reports on the major policy issues in the presidential race.

Highlighted in Joe Biden’s 2020 campaign as one of the major crises facing the country, climate change has received much less attention in the 2024 race for the presidency.

The candidates, Republican former President Donald Trump and Democratic Vice President Kamala Harris, share the twin goals of lowering energy costs and increasing U.S. jobs in the sector, but diverge widely in their plans to get there.

On the campaign trail, each has spent relatively little time detailing their own plans, instead criticizing the other as extreme.

Harris favors an expansion of renewable energy, which supplies power without the carbon emissions that are the primary driver of climate change.

She has touted her tie-breaking vote in the U.S. Senate to pass the Inflation Reduction Act, the broad domestic policy law Democrats pushed through along party lines that includes hundreds of millions in clean-energy tax credits.

Trump supports fossil fuel production, blaming policies to support renewable energy for rising energy prices. He has called for removing prohibitions on new oil and gas exploration to increase the supply of cheap fuel and reduce costs.

Promise: Promote fossil fuels

Both candidates promise to lower the cost of energy.

For Trump, that has involved hammering the Biden-Harris administration for encouraging renewable energy production.

Inflation was caused by “stupid spending for the Green New Deal, which was a green new scam, it turned out,” Trump said at a Sept. 26 press conference. “Do you notice that they never mention anything about environment anymore? What happened to the environment?”

The former president said at a Sept. 25 campaign stop he would “cut your energy (costs) in half,” by reducing regulations and cutting taxes.

He has not produced a detailed plan to achieve that goal.

Implicit in Trump’s argument is that the Biden administration’s focus on renewable energy has hampered oil and gas production, limiting supply and driving up prices.

But Harris has presented her support for renewable energy modes as part of a broader portfolio that includes fossil fuels.

Harris has highlighted the Inflation Reduction Act opened up new leases for oil and gas production while providing incentives for wind and solar power.

“I am proud that as vice president over the last four years, we have invested a trillion dollars in a clean energy economy while we have also increased domestic gas production to historic levels,” she said at a Sept. 10 ABC News debate with Trump.

A report this month from the U.S. Energy Information Administration showed that U.S. fossil fuel production reached an all-time high in 2023.

Promise: Promote renewables

Harris has also pointed to provisions of the IRA that provide consumers with tax benefits for green technology, such as home heat pumps, as a way to bring down costs.

“Thanks to tax credits on home energy technologies in the Inflation Reduction Act, more than 3.4 million American families saved $8.4 billion in 2023,” her campaign’s 82-page economic plan reads.

Trump also says he supports some climate-conscious technology, including megadonor Elon Musk’s Tesla brand of electric vehicles, but that Democrats have overinvested in non-fossil fuels.

He has called elements of the Inflation Reduction Act “giveaways,” and has singled out spending on electric vehicle charging infrastructure as wasteful.

Promise: Restore jobs

Biden has long talked about a transition away from fossil fuels as a benefit to U.S. workers, positioning them on the cutting edge of a growing industry.

Harris has similarly framed the issue in economic terms, saying the Inflation Reduction Act and other climate policies have created jobs.

“We have created over 800,000 new manufacturing jobs while I have been vice president,” she said at the Sept. 10 debate. “We have invested in clean energy to the point that we are opening up factories around the world.”

At a campaign stop in Pittsburgh, Pennsylvania, this month, Harris said Trump’s focus on fossil fuels would hamper job growth, saying he would “send thousands of good-paying clean energy jobs overseas.”

Trump and his running mate, Ohio Sen. J.D. Vance, have said Democrats’ focus on renewable energy sources has limited existing energy jobs.

“We’ve got great energy workers in Ohio and all across our country,” Vance said at an August campaign stop in his home state. “They want to earn a reasonable wage and they want to power the American economy. Why don’t we have a president that lets them do exactly that?

“Unleash American energy,” he said. “Drill, baby, drill and let’s turn the page on this craziness.”

Promise: Repeal Democrats’ climate law

Trump has had harsh words for Democrats’ climate law, blaming its spending for rising inflation.

“To further defeat inflation, my plan will terminate the Green New Deal, which I call the Green New Scam. Greatest scam in history, probably,” he told the Economic Club of New York in a Sept. 5 speech.

He said as president he would redirect any unspent funds in the law.

Trump has sought to distance himself from the policy blueprint Project 2025, written by the Heritage Institute.

But there is some overlap between what the conservative think tank has laid out and what Trump said he plans to do in a second term in the White House.

Project 2025 calls for repealing the Inflation Reduction Act, describing it as a subsidy to special interests.

Harris often mentions her tie-breaking vote for the law and has described her plans as president to expand on the law’s objectives.

Harris’ policy plan said she “proudly cast” the tie-breaking vote for the climate bill and that, as president, she would “continue to invest in a thriving clean energy economy.”

She added she would seek to improve that spending by cutting regulations “so that clean energy projects are completed quickly and efficiently in a manner that protects our environment and public health.”

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National Dems to ship $2.5M to state parties, aiming beyond presidential battlegrounds? https://www.criminaljusticepartners.com/2024/09/27/national-dems-to-ship-2-5m-to-state-parties-aiming-beyond-presidential-battlegrounds/ https://www.criminaljusticepartners.com/2024/09/27/national-dems-to-ship-2-5m-to-state-parties-aiming-beyond-presidential-battlegrounds/#respond Fri, 27 Sep 2024 12:00:15 +0000 https://www.criminaljusticepartners.com/?p=22482

The Democratic National Committee announced Friday it plans to send $2.5 million to state parties. In this photo, signs marking states’ seating sections are installed and adjusted ahead of the Democratic National Convention at the United Center on Aug. 15, 2024 in Chicago, Illinois. (Photo by Chip Somodevilla/Getty Images)

The Democratic National Committee will send $2.5 million to more than 30 of its state and territorial parties in the closing weeks of the 2024 election cycle, the DNC said in a Friday statement.

With the new grants, national Democrats will have contributed to all 57 state and territorial chapters for the first time in a presidential cycle, according to the party.

“From the school board to the White House, the DNC is doing the work to elect Democrats to office at all levels of government,” DNC Chair Jaime Harrison said in the statement, given to States Newsroom ahead of a wider announcement.

“We are the only committee responsible for building Democratic infrastructure to win elections across the map, and with a new $2.5 million in grants, the DNC is delivering a multi-million dollar investment across all 57 state parties this cycle – a historic first for our committee.”

‘Five figures’ for Kentucky

Coleman Elridge

The Democratic National Committee’s $2.5 million for state campaigns includes what it called a five-figure sum to support legislative candidates in Kentucky. The DNC did not specify the amount of the Kentucky grant.

DNC Chair Jaime Harrison said the party is committed to backing Vice President Kamala Harris’s presidential bid while also ensuring Democratic candidates “have the resources to run competitive races across the map in red and blue states alike.”?

Last year, the national party supported Gov. Andy Beshear’s successful reelection campaign. This election cycle, Kentucky Democrats have set their sights on building on the governor’s victory by aiming for a few seats in the General Assembly, particularly in suburban areas around Louisville and Lexington. Republicans hold a supermajority in the state legislature. The GOP took control of the Senate in 2000 and the House in 2016.?

KDP Chair Colmon Elridge said he was grateful for the DNC’s support and that it will help the KDP “to reach voters in every corner of our Commonwealth and elect more Democrats up and down the ballot.” – McKenna Horsley

The new grants go beyond the seven swing states considered ultra-competitive in the presidential election that have gotten the lion’s share of attention and spending at the national level — and the handful with key U.S. Senate races that have also attracted a national focus.

Though some grants are relatively small, they represent a commitment by the national party to states across the country, including traditionally red states, Democrats said.

Field workers in Idaho

In Idaho, where Democrats hold just 18 of the 105 seats in the Legislature, a more-than $70,000 commitment from the national party will fund two field workers to reach Hispanic voters in two rural counties and tribal members on the Nez Perce Reservation, state party chair and state Rep. Lauren Necochea said.

Necochea, who spoke with States Newsroom in a Thursday interview ahead of the official announcement, said the funding was significant both for the symbolism of the national party’s investment in the overwhelmingly Republican state and for campaign operations this fall.

“We’re just gratified to see that this investment hit all 57 states and territories for the first time … so that no state is left behind,” she said. “We’re a traditionally red state, and that means we need the funding to fight back.”

The two organizers funded by the national money will help boost turnout in the state’s four battleground state legislative districts, Necochea said.

“This level of investment is also meaningful when it comes to winning races and getting out the vote,” she said, noting that a race in the last cycle was decided by 37 votes.

The outcomes in those races could determine which faction of the state’s Republican Party — either the hard right or the more moderate wing — will control the legislative agenda next session, she said.

The Democratic minority in the Legislature sometimes partners with moderate Republicans on legislation to fund education and health care programs, including maintaining the state’s Medicaid expansion, Necochea said.

“It is essential for state government to continue operating that we have a critical mass of Democrats in the Idaho Legislature,” she said.

Other grants

The DNC provided a partial list of the spending included in Friday’s announcement. State parties are free to use the funds as they wish, a DNC spokesman said. The national party noted some state organizations had already determined how to allocate the money.

Many state organizations planned to pursue outreach to voters of color, including in tribal communities.

Some examples of the spending and objectives, according to the DNC:

  • Florida: More than $400,000 for statewide programs targeting “key coalitions.”
  • Oregon: $125,000 to help the state party’s efforts in three key U.S. House races.
  • Pennsylvania: $100,000 “to supercharge voter outreach” in the only presidential battleground state on the new list. A portion of the funding will target the state’s large Puerto Rican community, the DNC said.
  • Minnesota: At least $100,000 to boost the state’s paid canvassing campaign. The new funding brings the total DNC allocation to the state to about $630,000, according to the party. The canvassing effort will help protect Democrats’ slim majorities in both legislative chambers.
  • Missouri: “Nearly $100,000” for new organizing staff focused on breaking GOP supermajorities in both statehouse chambers and passing an abortion ballot measure.
  • Maryland: $75,000 for the state party’s mail program, with a focus on reaching Asian American and Pacific Islander voters, a growing segment of the state’s voting base, the DNC said. The DNC noted its support for U.S. Senate candidate Angela Alsobrooks, calling her race against former GOP Gov. Larry Hogan critical to protecting reproductive rights.
  • South Carolina: More than $70,000 for a get-out-the-vote staffer, focusing on outreach to new voters.
  • Maine: $61,250 for three staffers to focus get-out-the-vote efforts in rural parts of U.S. Rep. Jared Golden’s swing district.
  • Arkansas: Nearly $60,000 to hire six coalition directors targeting young, Black and Latino voters, including Spanish-speaking organizers. It’s the first DNC spending in Arkansas this cycle.
  • Louisiana: $55,000 for an organizer to help the state party reach voters in the new majority-Black 6th Congressional District.
  • Kansas: $50,000 for paid canvassing efforts to break GOP supermajorities in both legislative chambers.
  • Oklahoma: $50,000 to help the state party’s outreach to tribal communities.
  • Virginia: $50,000 for the state party’s get-out-the-vote and voter contact programs, focusing on two competitive U.S. House races.
  • West Virginia: $50,000 for get-out-the-vote and paid mail programs targeting “youth and minority voters” who could affect four competitive state legislative races.
  • North Dakota: Nearly $40,000 for get-out-the-vote efforts and organizing in tribal communities.
  • New Jersey: “Five figures” will go to get-out-the-vote operations in all state races, with a particular focus on Rep. Andy Kim’s U.S. Senate race against Republican Curtis Bashaw. It’s the first DNC spending in the Garden State this cycle.
  • Tennessee: An unspecified amount to help the state party “build on the organizing momentum” it has seen in the past year.
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U.S. House panel on Trump assassination attempt points to multiple failures by Secret Service https://www.criminaljusticepartners.com/2024/09/26/u-s-house-panel-on-trump-assassination-attempt-points-to-multiple-failures-by-secret-service/ https://www.criminaljusticepartners.com/2024/09/26/u-s-house-panel-on-trump-assassination-attempt-points-to-multiple-failures-by-secret-service/#respond Thu, 26 Sep 2024 23:40:25 +0000 https://www.criminaljusticepartners.com/?p=22468

Left to right, Sgt. Edward Lenz, Adams Township Police Department, Commander, Butler County Emergency Services Unit; Patrolman Drew Blasko, Butler Township Police Department; Lt. John Herold, Pennsylvania State Police; and Patrick Sullivan, former United States Secret Service agent,? are sworn in during the first hearing of the Task Force on the Attempted Assassination of Donald Trump in the Longworth House Office Building on Sept. 26, 2024 in Washington, D.C. (Photo by Anna Moneymaker/Getty Images)

Members of the U.S. House task force investigating the attempted assassination of former President Donald Trump on Thursday blamed the U.S. Secret Service for poor planning and breakdowns in communication and coordination with local law enforcement.

Republicans and Democrats on the House Task Force on the Attempted Assassination of Donald J. Trump at their first public hearing praised the work of local law enforcement agencies, representatives of which testified at the hearing.

Lawmakers said initial investigations showed it was the Secret Service who was responsible for a lack of planning, information-sharing and decision-making.

Thomas Matthew Crooks, the attempted assassin, at a July 13 rally in Butler, Pennsylvania, scouted the site in the days ahead of Trump’s rally and found security vulnerabilities, task force Chair Mike Kelly, a Pennsylvania Republican, said.

If those weaknesses were not apparent to the 20-year-old gunman, the entire incident may have been avoided, Kelly added.

But the shooting that injured Trump’s ear and killed one rallygoer was caused by more than one? breakdown, he said.

“It was not a single mistake that allowed Crooks to outmaneuver one of our country’s most elite” security agencies, Kelly said. “There were security failures on multiple fronts.”

The Secret Service, which is the lead agency during any event in which a person under the agency’s protection is present, did not create a sufficient plan and was not decisive on key questions, Kelly said. The agency did not manage access to sites adjacent to the rally and did not effectively communicate with state and local partners, he added.

Testimony from local agencies

Local officials told the panel they felt prepared in their assignment of assisting the Secret Service protection.

Commander Edward Lenz of the Butler County Emergency Services Unit said the Secret Service had requested help from counter-assault teams, sniper teams and a quick reaction force and that the local agency felt prepared for those missions.

“There were additional things, obviously, that probably needed (to be) covered,” he said. “But they never asked us to do that, they never tasked us with that. So given what they specifically asked us to do, we were certainly prepared.”

He added that sniper teams had not been given specific instructions for their mission.

Patrolman Drew Blasko of the Butler Township Police Department said local police executed what had been asked of them.

“With the information that we had, I believe that we did the very best that we could,” Blasko said.

No unified command

The task force’s ranking Democrat, Colorado’s Jason Crow, who is an Army veteran, highlighted a failure to communicate.

“Clear lines of communication are crucial,” he said during an opening statement. “The Secret Service must do better.”

Later, while questioning witnesses, Crow said he was surprised to learn the Secret Service did not establish a unified command center for the Butler rally.

Patrick Sullivan, a former Secret Service agent who testified in his personal capacity, said that was atypical for a Secret Service operation.

Usually, a central command post is established for the Secret Service, state and local agencies and any other assisting law enforcement, Sullivan said.

“This is very unusual, the way it turned out here in this site,” he said.

A unified command center can help relay information from disparate teams, including warning the agents closest to the president or presidential candidate of a suspicious person.

Pennsylvania Democrat Chrissy Houlahan noted that the communications breakdown between Secret Service and local authorities happened because they were not on the same radio frequencies.

“So here we were with three minutes and every second counting, and the Secret Service and the state police weren’t able to directly hear what local law enforcement actually saw, because they didn’t have that interoperability with local law enforcement frequencies and didn’t have possession of those radios,” she said.

She called for reforms to require different agencies are able to communicate with each other.

Slipped through cracks

Crooks was spotted multiple times throughout the day and identified by local police as suspicious, Kelly said.

Crooks was operating in an unsecured area “where information about him was both delayed and limited,” Kelly said.

Sullivan told Ohio Republican David Joyce that authorities could have used several methods to secure adjacent sites, suggesting the most effective way could have been to station officers there.

Local police spotted Crooks, identified him as suspicious and passed information on to the Pennsylvania State Police and the Secret Service, Lenz said.

But that information did not reach the Secret Service in time to remove Trump from the stage before the shooting began, Kelly said.

“The Secret Service could not process the information fast enough to pull the former president from the stage,” Kelly added.

The chairman wondered why Trump was allowed to go on stage after Crooks had been flagged several times.

“I’m constantly going to be wondering, at what point did somebody say, ‘We’re not sure the area is secure and safe,’” Kelly said.

First hearing

After two months of investigation, the Thursday meeting marked the first public hearing for the task force, which the House voted unanimously to form in the aftermath of the Butler shooting.

The Secret Service has borne the brunt of the blame for the shooting.

Then-Director Kimberly Cheatle resigned under pressure in the days following the attempted assassination.

Acting Director Ronald Rowe said last week the incident was “a failure of the United States Secret Service” and pledged it would spark a “paradigm shift” in how the agency operates.

The importance of Secret Service protection and the task force’s mission was highlighted again this month when a man who’d been hiding in the bushes of Trump’s Florida golf club was arrested and charged with another attempted assassination.

Members of both parties on the panel condemned targeting political candidates Thursday.

“Political violence has no place in our democracy, period,” Crow said.

Trump said this week he will return to Butler on Oct. 5 to “finish our speech.”

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Louisiana Republican’s ‘overtly racist’ tweet sparks calls for censure in U.S. House https://www.criminaljusticepartners.com/2024/09/25/louisiana-republicans-overtly-racist-tweet-sparks-calls-for-censure-in-u-s-house/ https://www.criminaljusticepartners.com/2024/09/25/louisiana-republicans-overtly-racist-tweet-sparks-calls-for-censure-in-u-s-house/#respond Thu, 26 Sep 2024 01:54:00 +0000 https://www.criminaljusticepartners.com/?p=22404

Rep. Clay Higgins, R-La., on Wednesday posted to X, and later deleted, a comment that invoked racist stereotypes about Haitians. In this photo, Higgins speaks during a press conference on the National Defense Authorization Act with members of the House Freedom Caucus on July 14, 2023 in Washington, D.C. (Photo by Anna Moneymaker/Getty Images)

Congressional Black Caucus Chairman Steven Horsford of Nevada took to the U.S. House floor Wednesday night to condemn an “overtly racist” tweet against Haitians and Haitian Americans by Louisiana Republican U.S. Rep. Clay Higgins.

Hours before members were scheduled to depart for a recess through the November elections, Higgins posted to X a comment that invoked racist stereotypes about Haitians and said Haitians in the United States should leave the country before Jan. 20, the date the next president will be inaugurated.

Higgins’ post included a link to an Associated Press story about a nonprofit representing Haitians in Springfield, Ohio, that has brought charges against former President Donald Trump and Ohio Sen. J.D. Vance, whose campaign for president and vice president has centered on criticism of immigration.

“These Haitians are wild. Eating pets, vudu, nastiest country in the western hemisphere, cults, slapstick gangsters… but damned if they don’t feel all sophisticated now, filing charges against our President and VP,” Higgins wrote. “All these thugs better get their mind right and their ass out of our country before January 20th.”

Haitians are generally not among the immigrants living in the country illegally, as they have been granted Temporary Protected Status due to conditions in their home country. Trump and Vance have amplified disproven rumors about the Haitian community in Springfield, leading to hoax bomb threats against schools, government buildings and local leaders.

Horsford, a Democrat, and other members — reportedly including Florida Republican Byron Donalds – approached Higgins on the House floor after the tweet. Higgins deleted the post shortly after.

Democrats condemn post

After a brief period of confusion about the proper process to introduce a censure resolution, Horsford — surrounded by members of the Congressional Black Caucus and other Democrats — spoke on the House floor to condemn the tweet and called for a vote to censure Higgins when the House returns from recess.

“Rep. Higgins used his official account on X to publicly slander, insult and demean all Haitians and Haitian Americans in an overtly racist post,” Horsford said.

Rep. Troy Carter, the lone Democrat and only Black member of Louisiana’s congressional delegation, blasted Higgins’ post in a written statement.

“I am appalled by the racist and reprehensible remarks made by Rep. Clay Higgins about the people of Haiti,” he wrote. “We all owe each other better than this, but as elected officials we should hold ourselves to an even higher standard. We have a solemn responsibility to represent and respect all races of people. Hate-filled rhetoric like this is not just offensive — it is dangerous. It incites division, perpetuates harmful stereotypes, and undermines the core values of our democracy.”

Johnson, Scalise defend Higgins

Two of Higgins’ fellow Louisiana Republicans in House leadership defended him Wednesday.

Talking to reporters, House Speaker Mike Johnson said he’d spoken to Higgins, who told the speaker he regretted the language of the tweet.

Higgins “was approached on the floor by colleagues who said that was offensive,” Johnson said. “He said he went to the back and he prayed about it, and he regretted it, and he pulled the post down. That’s what you want the gentleman to do. I’m sure he probably regrets the language he used. But, you know, we move forward. We believe in redemption around here.”

House Majority Leader Steve Scalise of Louisiana briefly defended Higgins on the floor before the chamber took a short recess.

Scalise noted the post had been taken down and suggested censure was inappropriate because he could find examples of Democratic members making divisive comments.

“If we want to go through every comment, tweet from the other side, we’ll be happy to do it and you’ll be appalled,” Scalise said.

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Trump floats theory Iran was responsible for assassination attempts? https://www.criminaljusticepartners.com/2024/09/25/trump-floats-theory-iran-was-responsible-for-assassination-attempts/ https://www.criminaljusticepartners.com/2024/09/25/trump-floats-theory-iran-was-responsible-for-assassination-attempts/#respond Thu, 26 Sep 2024 01:47:08 +0000 https://www.criminaljusticepartners.com/?p=22401

The Republican presidential nominee, former U.S. President Donald Trump, speaks to attendees during a campaign rally at the Mosack Group warehouse on Sept. 25, 2024 in Mint Hill, North Carolina. (Photo by Brandon Bell/Getty Images

Former President Donald Trump suggested without evidence Wednesday that Iran could be responsible for two apparent assassination attempts he has faced this year, saying foreign leaders objected to his position on tariffs.

Authorities have made no public statements to support the claim that either would-be assassin — in Butler, Pennsylvania, in July and near Trump’s Florida home this month — was aided by foreign agents or anyone else. Trump tied the two incidents to the separate hacking of his campaign, which U.S. intelligence agencies say was conducted by Iran.

“There have been two assassination attempts on my life — that we know of,” Trump, the GOP candidate for president, said at a campaign stop in Mint Hill, North Carolina. “And they may or may not involve — but possibly do — Iran, but I don’t really know.”

Trump also aired his theory on X on Wednesday, saying, “Big threats on my life by Iran. The entire U.S. Military is watching and waiting. Moves were already made by Iran that didn’t work out, but they will try again.”

The Trump campaign told USA Today in a statement on Tuesday night that “President Trump was briefed earlier today by the Office of the Director of National Intelligence regarding real and specific threats from Iran to assassinate him in an effort to destabilize and sow chaos in the United States.”

USA Today also said a spokesman for the Office of the Director of National Intelligence, or ODNI, acknowledged the briefing occurred but did not provide specifics about what was said.

In his remarks in North Carolina, Trump thanked members of Congress in both parties for approving more funding for the U.S. Secret Service, but added that if he were president when a foreign country threatened a presidential candidate, he would retaliate in the strongest terms.

“So I thank everybody in Congress,” he said. “But if I were the president, I would inform the threatening country, in this case Iran, that if you do anything to harm this person, we are going to blow your largest cities and the country itself to smithereens. We’re going to blow it to smithereens.”

The gunman in the Pennsylvania shooting, Thomas Crooks, was killed by law enforcement at the scene. In the second case, in Florida, Ryan Wesley Routh was charged on Tuesday with attempted assassination of Trump.

In the hour-long speech that included some attention to economic issues, Trump said that he was a target of foreign governments because of his plans to expand tariffs, which are taxes on imported goods.

“I’m imposing tariffs on your competition from foreign countries, all these foreign countries that have ripped us off, which stole all of your businesses and all of your jobs years ago and took your businesses out,” he said. “This is why people in countries want to kill me. They’re not happy with me. It is – it’s a risky business. This is why they want to kill me.”

Trump also said he would set a 15% tax rate on companies that produce their goods domestically.? That low rate, combined with tariffs on foreign goods, would boost U.S. manufacturing, including furniture production that was once a large industry in North Carolina, he said.

Tariffs generally lead to higher prices, which have plagued consumers since 2020.

Harris in Pennsylvania

The Democratic nominee, Vice President Kamala Harris, painted a more optimistic picture of the U.S. economic present and future in her own economy-focused speech Wednesday in Pittsburgh, Pennsylvania.

Harris acknowledged that prices remained too high.

“You know it, and I know it,” she said, according to a pool report.

Harris said her economic priorities were focused on the middle class, which she contrasted with what she described as Trump’s favoritism to wealthy people.

She said she would encourage innovation by boosting research in a host of technologies from biomanufacturing to artificial intelligence and the blockchain, and said her approach to the presidency would include experimenting with different strategies.

“As president, I will be grounded in my fundamental values of fairness, dignity and opportunity,” she said. “And I promise you, I will be pragmatic in my approach. I will engage in what Franklin Roosevelt called bold, persistent experimentation.”

Immigration blamed by GOP

Trump and his running mate, Ohio Sen. J.D. Vance, applied their nativist immigration positions to speeches focused on the economy in their Wednesday campaign appearances. Both said immigrants in the country illegally were responsible for driving down employment and wages among U.S.-born workers.

“The jobs are going to illegal migrants that came into our country illegally,” Trump said in North Carolina. “Our Black population all over the country, our Hispanic population, are losing their jobs. They’re citizens of America, they’re losing their jobs.”

In a call earlier Wednesday touting the International Brotherhood of Teamsters’ decision not to endorse in the presidential race and an internal electronic poll showing most members supported the GOP ticket, Vance said organized labor had long sought to protect U.S. workers from immigrants.

“The American labor movement has always recognized that illegal labor undercuts the wages of American workers,” Vance said on the call. “Those are folks competing against American citizens and legal residents for important jobs and undercutting their wages in the process.”

Vance said, without citing a source, that all net job growth under Harris and President Joe Biden had gone to foreign workers, including “25 million” immigrants in the country illegally.

Official estimates place the number of immigrants residing in the country without authorization at about 11 million, less than half of Vance’s claim.

A GOP campaign spokesperson did not substantively respond to a question about the source for Vance’s statement that foreign-born workers accounted for all job growth during the Biden administration.

Trump to return to Butler

Trump said Wednesday he would return to Butler, Pennsylvania, the site of the first assassination attempt on him. The former president suffered an injury to his ear during a shooting that killed one rallygoer and injured two others.

“We’re going to go back and finish our speech,” he said in North Carolina.

A bipartisan U.S. Senate interim report published Wednesday made initial conclusions that the U.S. Secret Service failed to adequately plan to secure the outdoor rally and made missteps in communication that led to the shooter being able to fire at the former president.

The report was commissioned by U.S. Sens. Gary Peters, a Democrat of Michigan; Republican Rand Paul of Kentucky; Democrat Richard Blumenthal of Connecticut; and Wisconsin Republican Ron Johnson. They are the chairs and ranking members of the Senate Homeland Security and Governmental Affairs Committee and the panel’s investigations subcommittee.

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Trump continues to demonize immigrants in Ohio as national GOP courts Hispanic vote https://www.criminaljusticepartners.com/2024/09/19/trump-continues-to-demonize-immigrants-in-ohio-as-national-gop-courts-hispanic-vote/ https://www.criminaljusticepartners.com/2024/09/19/trump-continues-to-demonize-immigrants-in-ohio-as-national-gop-courts-hispanic-vote/#respond Thu, 19 Sep 2024 22:26:13 +0000 https://www.criminaljusticepartners.com/?p=22087

The Republican presidential nominee, former President Donald Trump, leaves the stage after speaking during a campaign rally at Nassau Veterans Memorial Coliseum on Sept. 18, 2024 in Uniondale, New York. Trump held his first rally after Saturday’s apparent assassination attempt, the second one in two months after being injured at a rally in Butler, Penn. (Photo by Michael M. Santiago/Getty Images)

Former President Donald Trump said Wednesday he will depart from the presidential swing-state map with visits to Ohio and Colorado in the coming weeks to continue to promote debunked viral stories smearing immigrant communities in those states.

At a Wednesday evening rally in New York, Trump said he would visit Springfield, Ohio, and Aurora, Colorado, towns that he and his running mate, Ohio Sen. J.D. Vance, have singled out as being harmed by immigration.

Trump falsely claimed during the Sept. 10 presidential debate that Haitian migrants in Springfield ate residents’ pets. Debate moderators corrected the statement, which has also been disputed by officials including the state’s Republican Gov. Mike DeWine. But Trump continues to cite the town to support his hardline immigration position.

Speaking to supporters in Uniondale, New York on Wednesday, he falsely claimed that migrants in the town were there illegally and said 32,000 arrived in a matter of weeks.

Estimates from official sources based on government data range from 12,000 to 20,000 Haitian arrivals since 2020. Most are in the country legally, with many given Temporary Protected Status that allows migrants from certain countries affected by violence and other circumstances to live in the United States.

Trump described Springfield and Aurora — where a separate viral rumor imagined Venezuelan gangs took over an apartment building —? as dangerous places, without evidence to support that claim, from which he might not escape.

“They’ve got to get much tougher,” he said of Springfield city leaders. “I’m going to Springfield and I’m going to Aurora. You may never see me again, but that’s OK. Gotta do what I gotta do. ‘Whatever happened to Trump?’ ‘Well, he never got out of Springfield.’”

Neither Ohio nor Colorado are among the seven competitive states that will decide the presidential election, but the stops would serve to highlight Trump’s focus on immigration as his core campaign issue.

Hispanic heritage

The Trump campaign framed immigration in a different way during a call with reporters Thursday morning celebrating Hispanic Heritage Month.

On the campaign call, U.S. Sen. Marco Rubio, a Florida Republican whose parents emigrated from Cuba, said life was better for all Americans, including Hispanic Americans, during Trump’s presidency than under President Joe Biden and Vice President Kamala Harris, the Democratic nominee.

Rubio focused on economic factors and fear of crime.

“That impacts everybody,” he said. “I think it has special meaning in the Hispanic American community because you have to understand that whether it was your parents, your grandparents or yourself, you came here because you wanted a better life. They weren’t happy with their life somewhere else. It was unsafe. You couldn’t get ahead. And so they came to the United States in hopes of fulfilling their dreams and their hopes for themselves and for their families.”

In a White House event for Hispanic Heritage Month Wednesday, Biden touted job numbers for Hispanic Americans, saying his administration oversaw the “lowest Hispanic unemployment rate on record.”

Biden criticized Republican rhetoric on immigration, celebrating the United States’ identity as “a nation of immigrants,” calling on Hispanic Americans to vote for Harris against Trump in November.

“This is the single most consequential election in maybe the lifetime of anyone standing here, because it matters,” he said. “The other team doesn’t see the world like we see it. They don’t have the same attitude we have. They are the most close-minded people I’ve ever dealt with.”

White dudes

A pro-Harris group representing a different demographic launched a $10 million ad campaign in battleground states Thursday.

White Dudes for Harris released a one-minute video ad, the first in the eight-figure campaign, targeting white male voters in Pennsylvania, Michigan and Wisconsin, according to a news release from the group.

White men vote more Republican than other groups, and have backed Trump by wide margins in his previous White House runs. His successful 2016 campaign won white men nationwide by a 62% to 32% margin, according to the Pew Research Center. Trump carried Pennsylvania, Michigan and Wisconsin by a combined 80,000 votes in 2016.

The ad opens by bemoaning that Trump had damaged white men’s reputation. A male narrator then compliments Harris’ and vice presidential candidate Minnesota Gov. Tim Walz’s approach.

“They’re actually talking to guys like us — no lectures, no BS,” the voiceover says. “Just real solutions that protect our freedoms and help us take care of the people who matter.”

Oprah and Adelson

The Harris campaign is scheduled to hold a virtual event with famed actress, producer and former talk show host Oprah Winfrey on Thursday evening.

Organizers expect the event to reach more than 200,000 people in real time, with additionally tens of millions likely to see clips shared afterward.

Trump is scheduled to appear with conservative megadonor Miriam Adelson in a Washington event titled “Fighting Anti-Semitism in America.” Adelson is Jewish and a vocal advocate of U.S. support for Israel.

Friday, Harris will campaign in Georgia and Wisconsin.

Trump is scheduled to hold a rally Saturday in North Carolina.

Polling snapshot

Polls published Wednesday and Thursday showed a mixed view of the race.

Harris and Trump were tied nationally at 47% in a New York Times/Sienna College poll that surveyed likely voters from Sept. 11 to Sept. 16. Harris led, though, in the key state of Pennsylvania, 50% to 46%, in the same poll.

A separate poll, conducted by the Marist Institute for Public Opinion, showed the Keystone State deadlocked at 49%.

Marist found Harris led by 1 point in Wisconsin, 50% to 49%, and by ?5 points in Michigan, 52% to 47%.

Those states, along with Arizona, Georgia, Nevada and North Carolina, will likely decide the election.

Nebraska pushed to adopt winner-take-all

Two other races, though, could be competitive.

Maine and Nebraska both allocate two electoral votes to the winner of the state popular vote, and the rest by congressional district.

Purple districts in each state will likely go to the candidate who loses the state overall, though some Republicans are pushing? Nebraska to adopt a winner-take-all system.

Nebraska Gov. Jim Pillen discussed the issue Wednesday with state senators, and the state’s all-Republican congressional delegation endorsed a winner-take-all approach in a Wednesday letter posted to X.

Nebraska’s statewide electoral votes are nearly certain to go to Trump, whose campaign has pressured state officials to nix the current system.

Ariana Figueroa contributed to this report.

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Teamsters won’t endorse either candidate in presidential race https://www.criminaljusticepartners.com/2024/09/18/teamsters-wont-endorse-either-candidate-in-presidential-race/ https://www.criminaljusticepartners.com/2024/09/18/teamsters-wont-endorse-either-candidate-in-presidential-race/#respond Wed, 18 Sep 2024 20:33:26 +0000 https://www.criminaljusticepartners.com/?p=22017

President of the International Brotherhood of Teamsters Sean O’Brien speaks on stage on the first day of the Republican National Convention in Milwaukee on July 15, 2024. (Photo by Chip Somodevilla/Getty Images)

The International Brotherhood of Teamsters declined to endorse a candidate for president Wednesday, although both parties sought the support of the nation’s largest union.

The group’s General Executive Board voted Wednesday to abstain from an endorsement, citing a split among members and a lack of firm commitments from either major party candidate, Vice President Kamala Harris and former President Donald Trump, on labor issues.

The refusal to endorse can be viewed as a loss for Harris, the Democrat. The union has endorsed the Democrat in every presidential election since 2000, including Trump’s opponents, Joe Biden in 2020 and Hillary Clinton in 2016.

Each campaign sought the endorsement of the 1.3-million-member union, hoping it would buoy their candidate in Pennsylvania, Michigan and Wisconsin — the closely contested industrial states considered crucial to an Electoral College victory in November.

And the union’s leaders held in-person meetings with each candidate, seeking to extract policy commitments. But those commitments were not forthcoming, according to a statement from the union explaining the decision not to endorse.

“Unfortunately, neither major candidate was able to make serious commitments to our union to ensure the interests of working people are always put before Big Business,”? Teamsters General President Sean M. O’Brien said in the statement.

“We sought commitments from both Trump and Harris not to interfere in critical union campaigns or core Teamsters industries — and to honor our members’ right to strike — but were unable to secure those pledges.”

O’Brien encouraged the union’s politically diverse membership to remain active during the election season.

“Democrats, Republicans, and Independents proudly call our union home, and we have a duty to represent and respect every one of them,” O’Brien added. “We strongly encourage all our members to vote in the upcoming election, and to remain engaged in the political process. But this year, no candidate for President has earned the endorsement of the Teamsters’ International Union.”

Trump preferred in member poll

In an electronic poll the union released Wednesday, rank-and-file Teamsters preferred Trump, the Republican, over Harris 59.6% to 34%.

In a statement, the Trump campaign touted the poll results.

“While the Executive Board of the Teamsters is making no formal endorsement, the vast majority of rank-and-file working men and women in this important organization want President Donald Trump back in the White House,” the unsigned statement read.

The electronic poll’s results were a reversal from a previous straw poll that showed members supported President Joe Biden to Trump 44.3% to 36.3%. Biden dropped out of the race and endorsed Harris in July.

The mere question of whom Teamsters would endorse marks a significant shift toward Republicans. Unions, including Teamsters, have historically backed Democrats.

Trump’s populist appeal appears to have upset that tradition.

O’Brien had a prime-time speaking role at the Republican National Convention in Milwaukee this summer, though he did not endorse Trump. It was the first appearance by a Teamsters president at a Republican National Convention in the group’s 121-year history.

Harris’ running mate, Minnesota Gov. Tim Walz, was a teachers union member before entering politics.

The Harris campaign did not immediately return a message seeking comment.

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‘Three to one’: Republicans protest presidential debate fact checking as unfair to Trump https://www.criminaljusticepartners.com/2024/09/11/three-to-one-republicans-protest-presidential-debate-fact-checking-unfair-to-trump/ https://www.criminaljusticepartners.com/2024/09/11/three-to-one-republicans-protest-presidential-debate-fact-checking-unfair-to-trump/#respond Thu, 12 Sep 2024 00:55:03 +0000 https://www.criminaljusticepartners.com/?p=21679

Democratic presidential nominee Vice President Kamala Harris and Republican nominee former President Donald Trump, took part in an ABC News debate on Sept. 10, 2024. “World News Tonight” anchor and managing editor David Muir and “World News Tonight” Sunday anchor and ABC News Live “Prime” anchor Linsey Davis were the moderators. (Photo courtesy ABC News/Michael Le Brecht II)

 

WASHINGTON — Former President Donald Trump and other Republicans complained Wednesday that the previous night’s ABC News presidential debate was unfair toward the GOP nominee.

But the campaigns of Trump and the Democratic presidential nominee, Vice President Kamala Harris, also engaged via the news media about the possibility of a second debate before the Nov. 5 election.

Trump and his allies said the ABC News moderators, “World News Tonight” anchor and managing editor David Muir and “World News Tonight” Sunday anchor and ABC News Live “Prime” anchor Linsey Davis, sided with Harris by fact-checking a few of Trump’s more outlandish claims.

“It was three to one,” Trump said Wednesday in a call to Fox News’ morning program “Fox & Friends,” referring to Harris and the two moderators. “It was a rigged deal, as I assumed it would be, because when you looked at the fact that they were correcting everything and not correcting with her.”

At the debate Tuesday night, Davis contested Trump’s claim that a former Democratic governor floated the possibility of allowing abortion after a baby is born.

“There is no state in this country where it is legal to kill a baby after it’s born,” Davis said.

Muir also challenged Trump when the former president repeated baseless rumors that Haitian migrants in Springfield, Ohio, were stealing and eating residents’ pets, saying Springfield’s city manager had debunked the claim.

“Terribly moderated debate,” Republican Sen. Lindsey Graham of South Carolina told Fox News’ Sean Hannity immediately after the debate. “It was three against one.”

Representatives for ABC News did not immediately return an email seeking comment on the criticism.

Polling on debate

The perception that ABC’s moderators were partial to Harris was not widely shared outside of Republicans.

In a YouGov survey of more than 3,000 adults, 40% said the moderators were fair and unbiased. The second-most common answer was “don’t know,” with 29%, and 27% of respondents said the moderators were biased toward Harris.

A plurality of independents, 32%, and 69% of Democrats also said the moderators were fair. Just more than half of Republicans said Muir and Davis were unfair to Trump.

On his social media platform Truth Social overnight, Trump touted his debate performance and posted several screenshots of right-wing news outlet polls stating he had won the matchup.

“Comrade Kamala Harris is going around wanting another Debate because she lost so badly – Just look at the Polls! It’s true with prizefighters, when they lose a fight, they immediately want another. MAGA2024,” Trump wrote in response to the Harris campaign suggesting a second meeting.

Trump defended his comments about Haitian migrants in Ohio. The false claims have been circulating among right-wing circles, and amplified on social media Monday by Trump’s running mate, U.S. Sen. J.D. Vance of Ohio.

He posted police audio published by the conservative news outlet The Federalist alleging migrants were seen carrying geese in late August. Trump also republished a video, fact-checked by the Canton, Ohio, newspaper The Repository, of a woman, with no known connection to the Caribbean nation, in Canton, who on Aug. 16 was arrested and charged with animal cruelty for allegedly killing and eating a cat.

Prior to the debate, Trump posted an AI-generated image of him surrounded by and hugging cats and water fowl on his private jet, as well as an army of cats wearing MAGA hats and carrying semi-automatic rifles.

Another debate?

During a Sept. 11 memorial event in Shanksville, Pennsylvania, Trump reportedly said he was open to two more debates, hosted by NBC News and Fox News.

The NBC event would be Sept. 25, but Harris has not agreed to it, preferring a date in October.

Fox executives on Tuesday night renewed the network’s offer to host another debate in a battleground state in October.

Trump campaign spokeswoman Karoline Leavitt said in an email the former president’s Fox News comment was a reference to a town hall with commentator Sean Hannity earlier this month.

“It was supposed to be on September 4,” Leavitt wrote. “Kamala didn’t show up so it turned into a town hall with Sean Hannity.”

The Harris campaign has said the vice president wants another debate with Trump in October. Campaign Chair Jen O’Malley Dillon repeated that in a statement late Tuesday.

“Under the bright lights, the American people got to see the choice they will face this fall at the ballot box: between moving forward with Kamala Harris, or going backwards with Trump,” O’Malley Dillon wrote. “That’s what they saw tonight and what they should see at a second debate in October. Vice President Harris is ready for a second debate. Is Donald Trump?”

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Harris tears into Trump over abortion rights and race in tense presidential debate https://www.criminaljusticepartners.com/2024/09/11/harris-tears-into-trump-over-abortion-rights-and-race-in-tense-presidential-debate/ https://www.criminaljusticepartners.com/2024/09/11/harris-tears-into-trump-over-abortion-rights-and-race-in-tense-presidential-debate/#respond Wed, 11 Sep 2024 05:21:27 +0000 https://www.criminaljusticepartners.com/?p=21647

The Republican presidential nominee, former U.S. President Donald Trump, and the Democratic presidential nominee, U.S. Vice President Kamala Harris, debate for the first time during the presidential election campaign at The National Constitution Center on Sept. 10, 2024 in Philadelphia, Pennsylvania. (Photo by Win McNamee/Getty Images)

Vice President Kamala Harris and former President Donald Trump touted policy proposals and traded barbs Tuesday during a presidential debate packed with promises to revive America’s economy and riddled with Trump’s falsehoods about abortion, the 2020 election results and immigration.

The debate at the National Constitution Center in Philadelphia hosted by ABC News just 56 days before the election was also notable as the first exchange between the candidates since President Joe Biden exited the race weeks after his botched debate performance in late June.

It is the only debate the campaigns have agreed to before the November election, although the Harris camp afterward suggested they’re ready for another and Fox News offered to host it in October.

The night began with Democratic nominee Harris crossing the stage to initiate a handshake and introducing herself to Trump, the GOP candidate. The two had never before met.

But the back-and-forth quickly grew contentious, as Trump blasted Harris’ record as vice president under President Joe Biden, and Harris said Trump was unfit to be president for myriad reasons. The two did not shake hands at the close.

Harris portrayed herself as a champion of the middle class. She presented a hopeful vision of the country that she sought to contrast with what she described as Trump’s self-centered vision that included attacks on the country’s democratic traditions and people of color.

“I am actually the only person on this stage who has a plan that is about lifting up the middle class and working people of America,” she said. “I believe in the ambition, the aspirations, the dreams of the American people.”

The vice president lambasted Trump as “extreme” and sought to tie him to the ultraconservative Project 2025, with which he denied an association. Harris also underscored the numerous legal cases Trump continues to face. Trump is the first former president to become a convicted felon.

“Donald Trump actually has no plan for you,” she said. “Because he is more interested in defending himself than he is in looking out for you.”

Protestors and curiosity seekers mixed with a heavy police presence outside the presidential debate site in Philadelphia Tuesday afternoon. (Photo by Paige Gross/States Newsroom).

Trump repeated unverified claims about migrants eating dogs in Ohio, returned time and again to complaints about immigration, defended his plan to raise tariffs and boasted about campaign rally crowd sizes — after Harris taunted him about his events, saying people left.

“In Springfield, they’re eating the dogs, the people that came in, they’re eating the cats. They’re eating, they’re eating the pets of the people that live there,” Trump said in one of the more jarring moments of the debate, when he repeated baseless claims about Haitian migrants. The rumors have circulated on social media in recent days, and have been amplified by Trump’s running mate, Ohio U.S. Sen. J.D. Vance.

Trump challenged Harris to use her position in the administration to address inflation and immigration, suggesting that she was not actually able to follow through on her promises.

“She doesn’t have a plan,” he said. “She copied Biden’s plan, and it’s like four sentences like, ‘Run, Spot, run,’ four sentences that are just, ‘Oh, we’ll try and lower taxes.’ She doesn’t have a plan.”

Polls show the race is virtually tied nationally and in seven key states that will decide the Electoral College margin: Wisconsin, Michigan, Pennsylvania, Georgia, North Carolina, Arizona and Nevada. Harris enjoyed a polling bump soon after she became a candidate, but her numbers have dropped in the weeks since and recent polls showed her roughly even with Trump.

Among the top moments of the night touching on policy and politics:

Election integrity

The 2024 presidential election marks a test for the peaceful transfer of power after political violence marred the nation’s tradition when Trump’s refusal to accept his loss sparked a Jan. 6, 2021 riot at the U.S. Capitol.

Trump repeated false claims during Tuesday’s debate that he won the 2020 presidential election, even walking back recent public statements that seemed to accept defeat.

Asked by moderator David Muir if recent statements that he “lost by a whisker” and similar sentiments were acknowledgements he’d lost, Trump said the comments were sarcastic.

“I don’t acknowledge that at all,” he said. “That was said sarcastically.”

Harris called Trump’s answer “deeply troubling.”

“You did, in fact, lose that election,” she told him. She added that his continued denial “leads one to believe that perhaps we do not have, in the candidate to my right, the temperament or the ability to not be confused about fact. That’s deeply troubling, and the American people deserve better.

When asked if he regretted any of his actions when the U.S. Capitol was violently overrun by his supporters, Trump defended himself and returned to the topic of immigration.

“I had nothing to do with that, other than they asked me to make a speech,” Trump said.

Harris responded: “For everyone watching who remembers what January 6 was, I say ‘We don’t have to go back.’”

Race

Moderators asked Trump about his disparaging comments about Harris’ biracial identity to the National Association of Black Journalists last month. Muir questioned if it was appropriate for Trump to weigh in on his opponent’s race.

Trump said it was not appropriate, but seemed to defend the comment that Harris had “turned Black” to promote her political career.

“I don’t care what she is,” he said. “Whatever she wants to be is OK with me. All I can say is that I read where she was not Black, that she put out, and I’ll say that, and then I read that she was Black, and that’s okay. Either one was okay with me. That’s up to her.”

Harris called it “a tragedy” that Trump continued “to use race to divide the American people.”

She invoked allegations that he refused to rent his residential properties to Black families, spread conspiracy theories that the first Black president, Barack Obama, was not born in the United States and supported the execution of Black and Latino boys accused of attempted murder and other charges?in New York’s Central Park. The suspects were later exonerated.

“The American people want better than that, want better than this,” she said, adding that voters wanted a conversation about how candidates could improve their lives. “Regardless of people’s color or the language their grandmother speaks, we all have the same dreams and aspirations, and want a president who invests in those, not in hate and division.”

Abortion and IVF

The 2024 presidential election is the first since the U.S. Supreme Court ruled in a 6-3 decision to overturn Roe v. Wade.

While Trump told debate moderators that he would not sign a nationwide abortion bill into law, he refused to give a yes or no answer when asked if he would veto one.

Moderator Linsey Davis corrected Trump after he claimed that some states allow abortion “in the ninth month,” but he continued to repeat it throughout the debate.

Trump hailed the Supreme Court justices — three of whom he appointed — for giving full control of abortion laws to state governments.

Protestors and curiosity seekers mixed with a heavy police presence outside the presidential debate site in Philadelphia Tuesday afternoon. (Photo by Paige Gross/States Newsroom).

“What I did is something, for 52 years, they have been trying to get Roe v. Wade into the states, and through the genius and heart and strength of six Supreme Court justices, we were able to do that,” Trump said, adding that he “strongly” believes in exceptions for rape, incest and the life of the mother.

Harris said she would “proudly” sign a bill into law that restored the federal right to an abortion.

“One does not have to abandon their faith or deeply held beliefs to agree the government and Donald Trump certainly should not be telling a woman what to do with her body,” Harris said.

She attacked what she dubbed “Donald Trump’s abortion bans” and said his actions resulted in a reality where couples “who pray and dream of having a family are being denied IVF treatments.”

In vitro fertilization, or IVF, has become a lightning rod for debate on the right after an Alabama court ruled in early 2024 that frozen embryos counted as children. Legislators in the state have since passed a law to restore IVF access.

Trump said Harris was telling “another lie.”

“I have been a leader on IVF, with which is fertilization, the IVF. I have been a leader,” he said.

Taxes, the economy, health care

With Trump’s signature 2017 tax law expiring at the end of 2025, tax policy has been front and center of the 2024 presidential race.

Harris trumpeted her plans for an “opportunity economy” and panned Trump’s proposal to raise tariffs and “provide a tax cut for billionaires and big corporations.”

“Donald Trump has no plan for you, and when you look at his economic plan, it’s all about tax breaks for the richest people,” Harris said on the debate stage.

Harris’ proposals include increasing the corporate tax rate to 28%, permanently expanding the child tax credit to pandemic levels and extending up to $6,000 to new parents, providing up to $50,000 in tax relief for business start-up costs, and offering new homebuyers a $25,000 tax credit.

A large part of Trump’s economic plan is to impose universal tariffs of at

least 10% on all U.S. imports, with tariffs on Chinese goods at 60%. When asked by Muir if the approach could cause consumer prices to increase, Trump denied the possibility.

“We’re not going to have higher prices. What’s going to happen, who’s going to have higher prices is China, and all of the countries that have been ripping us off for years,” Trump said.

Trump has promised, at minimum, to extend his tax policies, which cut individual income tax rates, lowered the corporate tax rate to 21%, loosened business expensing and deductions, and doubled the child tax credit to $2,000.

Economists warn that if extended, the Trump-era tax cuts would add trillions to the deficit. That total could reach between $4 trillion and $5.8 trillion over the next decade, according to the University of Pennsylvania’s Penn Wharton Budget Model. In a separate model, the Tax Foundation estimated the policies could reduce federal revenue up to $6.1 trillion over a 10-year window.

The Penn Wharton model estimates Harris’ proposals would increase the deficit by up to $2 trillion over ten years. Modeling from the Tax Foundation released Tuesday predicts the vice president’s plan would increase taxes by $4.1 trillion over the next decade, but after accounting for various tax cuts and credits, the projected revenue drops to $1.7 trillion, and even further if slowed economic growth is considered.

On health care, Trump said he had “concepts of a plan” to overhaul the law signed by President Barack Obama in 2010.

“I would only change it if we come up with something that’s better and less expensive,” he said. “And there are concepts and options we have to do that, and you’ll be hearing about it in the not too distant future.”

Harris defended the law known as “Obamacare.”

Immigration and border security

Trump tried several times to steer the conversation to immigration, his signature issue since he began his first White House run in 2015.

He referenced viral —?but unverified —?stories of sensational disruptions caused by immigrants in Springfield, Ohio, and Aurora, Colorado, and blamed Harris and Biden for the supposed episodes.

“These are the people that she and Biden let into our country,” he said.

Continuing Biden’s immigration policies would turn the country into “Venezuela on steroids,” he said.

Harris laughed after Trump pressed unverified claims about immigration. “Talk about extreme,” she said.

Harris promoted a bipartisan immigration and border security bill this year that included measures Republicans sought to strengthen enforcement. But the bill fell apart, she said, under opposition from Trump, who preferred campaigning on the issue to solving the problem.

When moderators then asked Trump about the bill, he began his answer by bragging about crowds at his campaign rallies,?responding to a comment Harris had made.

Rally attendance remained high, he said, “because people want to take their country back.”

“Our country is being lost,” he said. “We’re a failing nation, and it happened three-and-a-half years ago. And what? What’s going on here? … What they have done to our country by allowing these millions and millions of people to come into our country and look at what’s happening to the towns all over the United States.”

He did not answer the question about the bill.

Energy and climate

Moderators asked Harris about her position on hydraulic fracturing, a technique for extracting natural gas better known as fracking.

The process is controversial among environmentalists, but a major industry in gas-rich Pennsylvania. During her unsuccessful bid for the Democratic nomination in 2020, Harris told a climate activist during a televised town hall that she favored banning fracking, but has said this year that is not her position.

Asked by Davis to explain the change Tuesday night, she said she’s also made clear in 2020 that she did not want to ban fracking.

She also noted her tie-breaking vote in the Senate to pass the Inflation Reduction Act, a massive energy, taxes and domestic policy law Democrats passed along party lines in 2022 that included expanded leases for natural gas production.

Trump urged voters not to believe Harris.

“If she becomes president, fracking in Pennsylvania will end on day one,” he said.

The last question before closing statements was on climate change.

Harris called it a threat and touted the Biden administration’s work to expand the clean energy industry, while preserving natural gas jobs.

Trump declined to answer the question, instead focusing on the work of Hunter Biden, the president’s son, with a Ukrainian energy company. Trump called the Biden administration “corrupt.”

Foreign policy

As the humanitarian crisis continues in the Gaza Strip with deaths mounting 40,000, according to Gaza health officials, Davis asked Harris how she could break through a stalemate on a proposed cease-fire deal between Israel and Hamas militants.

The vice president offered little detail on how to finally broker a deal, but said, “What we know is this war must end.”

“It must end immediately, and the way it will end is we need a cease-fire deal, and we need the hostages out, and so we will continue to work around the clock on that — work around the clock — also understanding that we must chart a course for a two-state solution,” she said.

Harris added that she will “always give Israel the ability to defend itself, in particular as it relates to Iran.”

Trump lashed back with accusations that Harris “hates” Israel and the “Arab population,” and repeated his refrain that “if I were president, (the war) would have never started.”

“I will get that settled and fast, and I’ll get the war with Ukraine and Russia ended. If I’m president-elect, I’ll get it done before even becoming president,” Trump said.

He did not directly answer if he wanted Ukraine to win the war.

“I think it’s in the U.S. best interest to get this war finished and just get it done, negotiate a deal, because we have to stop all of these human lives from being destroyed,” Trump said when asked if a Ukraine victory is in the U.S.’s best interest.

Harris said she would continue to stand with NATO allies on defending Ukraine.

“I believe the reason that Donald Trump says that this war would be over within 24 hours is because he would just give it up. And that’s not who we are as Americans,” she rebutted.

Another foreign policy topic was on display at the U.S. Capitol hours before the debate when congressional leaders held a ceremony honoring 13 service members who were killed during the U.S. withdrawal from Afghanistan.

Trump and Republican lawmakers have ratcheted up criticism of Harris — implicating her hundreds of times in a damning report released Monday — for the Biden administration’s handling of the August 2021 exit from Afghanistan after two decades of war.

“I will tell you I agreed with President Biden’s decision to pull out of Afghanistan. Four presidents said they would, and Joe Biden did,” Harris told Muir when asked if she bears any responsibility for the deadly withdrawal.

Harris criticized Trump for “negotiating directly with a terrorist organization” when he struck a deal with the Taliban before he left office.

Trump defended himself saying “I got involved with the Taliban because the Taliban was doing the killing” and said he achieved a “very good agreement.”

Trump made waves on the recent third anniversary of the 13 service members’ deaths when his staffers pushed an Arlington National Cemetery official aside to take photos in a restricted area, according to the U.S. Army and reporting by NPR.

Swift endorsement

Shortly after the debate’s close, mega star Taylor Swift said in an Instagram post she would vote for Harris.

Part of Swift’s exuberant fan base had called on her to endorse Harris, following her support for Biden and Harris four years ago.

Taylor Swift performs onstage for the opening night of “Taylor Swift | The Eras Tour” at State Farm Stadium on March 17, 2023 in Glendale, Arizona. (Photo by Kevin Winter/Getty Images for TAS Rights Management)

This article has been updated to more specifically describe the charges against Black and Latino boys in New York’s Central Park.

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Trump’s support of Florida marijuana legalization may show growing bipartisan consensus https://www.criminaljusticepartners.com/2024/09/09/trumps-support-of-florida-marijuana-legalization-may-show-growing-bipartisan-consensus/ https://www.criminaljusticepartners.com/2024/09/09/trumps-support-of-florida-marijuana-legalization-may-show-growing-bipartisan-consensus/#respond Mon, 09 Sep 2024 23:13:22 +0000 https://www.criminaljusticepartners.com/?p=21584

Tim Blakeley, manager of Sunset Junction medical marijuana dispensary, shows marijuana plant buds on May 11, 2010 in Los Angeles, California. (Photo by Kevork Djansezian/Getty Images)

Republican presidential nominee Donald Trump’s early Monday statement that he would vote to legalize recreational marijuana use in Florida sent a strong signal that both major parties are moving to adopt popular marijuana reform efforts, unexpectedly elevating the issue in the presidential battle.

But the campaign for the Democratic nominee, Vice President Kamala Harris, expressed strong skepticism about Trump’s sudden embrace of reform and criticized Trump’s record in office, accusing him of “blatant pandering” after States Newsroom inquired about Harris’ position on legalization.

The statement from Trump, who has sought to portray himself as a “law and order” candidate throughout his political career, shows the growing support for marijuana legalization among voters of both parties nationwide — and could be a signal that GOP elected officials will align themselves with legalization, Josh Glasstetter, a spokesperson for the advocacy group U.S. Cannabis Council, said in an interview with States Newsroom.

“Trump’s statement on Truth Social signals that there is a political realignment that is well underway on the issue of cannabis reform,” Glasstetter said.

Trump said in a post to his social media platform that he would vote yes on Florida’s Amendment 3, a ballot initiative to legalize recreational cannabis use in the state.

He also said he supported federal legislation to remove federal restrictions on banking services for state-legal marijuana businesses and moving cannabis from Schedule I to Schedule III of the federal Controlled Substances Act.

States with legal recreational marijuana industries, which now number 24, have long sought tweaks to federal law to allow banks to legally provide loans and other services to marijuana businesses that are legal under state law. Bills in Congress, while largely bipartisan, have been introduced for years but not yet won the consensus needed to become law.

Schedule I is the most restrictive category under federal law and indicates a drug has no medicinal value and high risk of abuse. President Joe Biden’s administration has started the move to Schedule III, which includes heavily regulated legal substances including Tylenol with codeine.

Harris camp blasts Trump

The Harris campaign said Trump is trying to gloss over his past.

“Despite his blatant pandering, Donald Trump cannot paper over his extensive record of dragging marijuana reform backward,” campaign spokesman Joseph Costello wrote in an email. “As president, Trump cracked down on nonviolent marijuana offenses – undermining state legalization laws, opposed safe banking legislation, and even tried to remove protections for medical marijuana.

“Donald Trump does not actually believe in marijuana reform, but the American people are smart enough to see through his campaign lies.”

The campaign did not respond to a follow-up message seeking clarity on Harris’ position on the issue.

Trump’s first attorney general, Jeff Sessions, took a hard line against a growing trend of states legalizing marijuana use. He rescinded a 2013 document known as the Cole memo that required federal officials to stay out of state-legal marijuana operations.

But Glasstetter said Trump had “clearly reassessed his position” on the issue, reflecting a consensus among voters that Republican officials have been slower to adopt.

“For many years now, cannabis reform advocates have talked about the growing bipartisan consensus among voters in support of cannabis reform and elected officials have been a lagging indicator, particularly on the conservative side of the spectrum,” he said.

While Harris has not highlighted the issue — besides not answering emailed questions Monday, the campaign’s newly launched issues page on its website does not mention cannabis — she is seen as an ally of reformers based on her record, including as U.S. senator and California attorney general, Glasstetter said.

Harris convened a roundtable of marijuana reform advocates at the White House in March that included rapper Fat Joe and Kentucky Gov. Andy Beshear, a Democrat. At that event, she promoted the administration’s work to relax federal marijuana restrictions and spoke in favor of broad reforms.

“I’ve said many times: I believe — I think we all at this table believe — no one should have to go to jail for smoking weed,” she said.

Leading Republicans

Trump’s endorsement could be seen as an attempt to close the policy gap between the parties on a popular issue.

Republicans in Congress have lagged behind their Democratic colleagues in seeking marijuana reforms, even as polls and ballot initiatives in states that favor both parties have shown legalizing marijuana use is an increasingly popular position among voters of all political persuasions, Glasstetter said.

A Pew Research Center poll this year showed 88% of respondents thought marijuana should be legal for recreational or medical use. That was up from 68% in the same survey in 2022.

At a May hearing of the U.S. House Appropriations Subcommittee on Commerce, Justice and Science, just days after Attorney General Merrick Garland announced the administration would seek to reschedule cannabis, Republican representatives voiced skepticism over the move to federal Drug Enforcement Administrator Anne Milgram.

Rep. Robert Aderholt, an Alabama Republican, noted studies finding a connection between cannabis use and psychosis. The country is dealing with a mental health crisis, he said.

“My concern is rescheduling marijuana would make the crisis worse,” he said.

But an endorsement from Trump, who holds immense influence among congressional Republicans, could be crucial to getting more Republicans to change their positions, Glasstetter said.

“Former President Trump is a leading indicator,” he said. “We expect that his high-profile embrace of cannabis reform will make it much easier for other Republicans, particularly in Congress, to come out in support of cannabis reform.”

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Trump promotes raising tariffs, corporate tax cut in battle over economy with Harris https://www.criminaljusticepartners.com/2024/09/05/trump-promotes-raising-tariffs-corporate-tax-cut-in-battle-over-economy-with-harris/ https://www.criminaljusticepartners.com/2024/09/05/trump-promotes-raising-tariffs-corporate-tax-cut-in-battle-over-economy-with-harris/#respond Thu, 05 Sep 2024 23:47:54 +0000 https://www.criminaljusticepartners.com/?p=21483

Taxes and the economy are taking center stage in the 2024 presidential campaign. (Getty Images)

Former President Donald Trump said Thursday he would protect American industries if he is reelected by increasing tariffs on imports while cutting other taxes and regulations, in a speech to the Economic Club of New York.

The GOP presidential candidate’s remarks came as the economy has taken center stage in the run-up to the 2024 presidential election. Both Trump and the Democratic nominee, Vice President Kamala Harris, have criticized a ballooning national deficit, high housing costs and increasingly expensive groceries.

In a wide-ranging speech that also framed his hardline immigration position in economic terms and blasted Harris for what he said were the policy shortcomings of the Biden administration, Trump laid out several planks of an economic platform focused on corporate tax cuts and protectionist policies that he predicted would boost domestic manufacturing.

“Some might say it’s economic nationalism,” he said. “I call it common sense. I call it America First … We have to take care of our own nation and our industries first.”

Trump’s speech came one day after Harris delivered new proposals to cut taxes on small businesses during a speech at a brewery in New Hampshire.

While Trump would cut corporate taxes and extend the tax cut for high earners that he signed during his first term, he said he would raise tariffs, which are taxes on foreign goods. Doing so would compel U.S. companies to keep their production jobs in the country, he said.

Tariffs would also seed a new “sovereign wealth fund” that would “return a gigantic profit,” he said.

He told the economists and business professionals in the room that he would lean on them to advise on the fund, and that it would be flush with cash from tariffs on foreign imports.

The “greatest sovereign wealth fund,” he said, would also pay for infrastructure, defense capabilities and “cutting-edge medical research,” as well as pay down the nation’s debt.

“We’ll create America’s own sovereign wealth fund to invest in great national endeavors for the benefit of all of the American people,” he said. “Why don’t we have a wealth fund? Other countries have wealth funds. We have nothing. We have nothing. We’re going to have a sovereign wealth fund or we can name it something different.”

Tax battle

Trump told the group that Harris would raise taxes, including on unrealized gains on investments before they are sold.

“Unbelievably, she will seek a tax on unrealized capital gains,” he said.

Trump would lower the corporate tax rate from 21% to 15%, he said, while Harris would raise it to 28%.

He also said he would appoint Elon Musk, the billionaire owner of X who has endorsed Trump and regularly posts about the election, to lead a government efficiency commission.

Trump would seek to make permanent the tax cuts he signed into law in 2017. Taxes have featured prominently on the campaign trail ahead of the 2025 expiration of the law that cut individual tax rates, reduced the corporate tax rate and doubled the child tax credit.

In her remarks in New Hampshire, Harris promised to increase deductions tenfold on business start-up costs, up to $50,000 from $5,000. She also vowed to simplify the tax filing process for entrepreneurs by allowing them to claim a standard deduction, similar to what’s available for individual income taxpayers.

Harris also drew attention to her New Hampshire speech when she broke with President Joe Biden’s tax plan for capital gains, promising “a rate that rewards investment in America’s innovators, founders and small businesses.”

Harris told the crowd that anyone earning $1 million or more would see a 28% rate on long-term capital gains under her administration, if elected. The proposal deviates from Biden’s plan to raise revenue by taxing capital gains over $1 million at 39.6%. Biden also proposed a 5% Medicare surcharge on long-term capital gains for high earners.

The current rate for high earners is 20%.

A long-term capital gain tax is applied to any profit made on the sale of an asset, like stocks, bonds, or real estate, held by the owner for more than a year.

Immigration

Trump also sought to make his signature policy issue —?an ultra-hardline immigration stance —?an economic one.

An increasing number of migrants entering the country through the border with Mexico are taking jobs from Americans, he said, singling out Americans of color.

“Hispanic American jobs are under massive threat from the invasion taking place at our border,” Trump said. “They’re taking jobs from Hispanic Americans, African Americans.”

He added, falsely, that all jobs created during the Biden administration were filled by immigrants in the country illegally.

Trump has called for an unprecedented deportation program of undocumented immigrants and has placed the blame for record migrant crossings on Biden and Harris.

‘Like nobody’s ever grown before’

Trump promised “tremendous growth,” mostly attributing that growth to a yet unnamed percentage tariff on foreign imports. He signaled his target for tariffs will be higher than any percentage floated so far.

“We’re gonna grow like nobody’s ever grown before,” he said. “We will be bringing in billions and billions of dollars, which will reduce our deficit.”

He also suggested during the question-and-answer portion that funds raised through tariffs could help families reduce the cost of child care, but offered little detail.

But economists and critics say Trump’s major economic plans to raise tariffs and extend his signature tax cuts will put additional costs on consumers and add trillions to the deficit.

Trump’s plan to extend the 2017 tax cuts would add between $4.1 and $5.8 trillion to the national deficit over the next decade, according to the University of Pennsylvania’s Wharton Budget Model.

Rule of law

Trump said the country has suffered economically under Biden and Harris because of his legal issues.

Trump has faced four criminal prosecutions, including two federal cases related to his mishandling of classified documents following his presidency and his conduct to provoke the Jan. 6, 2021 attack on the U.S. Capitol.

He was also convicted of New York state felonies related to an illegal hush money arrangement during his first White House campaign and is charged in Georgia with election interference related to the 2020 campaign.

He said Thursday the prosecutions were politically motivated, making investors lose faith in the country’s governance. He hinted that he would retaliate and said that he would eliminate political prosecutions.

“They always have to remember that two can play that game,” he said. “Nobody ever thought this was possible. This is how you create massive capital flight and turn once prosperous nations into absolute ruins. I will have no higher priority as president than to restore the fair, equal and impartial rule of law in America. We have lost the rule of law.”

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In a ‘town hall’ with no questions, Trump grouses about polls, attacks debate host https://www.criminaljusticepartners.com/2024/09/05/in-a-town-hall-with-no-questions-trump-grouses-about-polls-attacks-debate-host/ https://www.criminaljusticepartners.com/2024/09/05/in-a-town-hall-with-no-questions-trump-grouses-about-polls-attacks-debate-host/#respond Thu, 05 Sep 2024 12:34:24 +0000 https://www.criminaljusticepartners.com/?p=21453

The Republican presidential nominee, former U.S. President Donald Trump, participates in a Fox News Town Hall with Sean Hannity at the New Holland Arena on Sept. 4, 2024 in Harrisburg, Pennsylvania. Trump and the Democratic presidential nominee, U.S. Vice President Kamala Harris, continue to campaign across swing states as polls show a tight race prior to next week’s presidential debate in Philadelphia. (Photo by Kevin Dietsch/Getty Images)

Former President Donald Trump questioned polls showing a close race against Vice President Kamala Harris and complained about the conditions of an upcoming debate during a Fox News interview Wednesday in Pennsylvania.

Under questioning from a friendly interviewer, Sean Hannity of Fox News, in front of an arena of cheering supporters in Harrisburg, the Republican presidential nominee also reiterated a pledge to conduct a massive deportation operation if elected to another term and attacked Harris for her former position to ban the natural gas extraction technique known as fracking.

Trump agreed to the interview, which had been advertised as a town hall but did not include audience questions, after Harris rejected his proposal for a Fox News debate on the same date. He said Wednesday he would have preferred to be meeting Harris on stage.

“I think he’s a nice guy, but I would have preferred a debate,” Trump said of Hannity. “But this is the best we could do, Sean.”

But Trump spent part of the hour Wednesday criticizing the details of the 90-minute debate the campaigns have agreed to, in Philadelphia on Sept. 10 on ABC.

He called ABC News “the most dishonest network, the meanest, the nastiest,” claimed the network purposely released poor polls ahead of the 2016 election to suppress turnout and said, without evidence, executives would share questions with Harris ahead of the event.

Hannity said he should host the debate instead.

Trump also claimed the family of Minnesota Gov. Tim Walz, the Democratic vice presidential candidate, endorsed him. Charles Herbster, who sought the GOP nomination for Nebraska governor in 2022, posted to X a photograph of a group of Walz’s second cousins wearing Trump shirts.

Walz’s sister, Sandy Dietrich, told The Associated Press the family was not particularly close with that branch, and said she would be voting for the ticket that included her brother.

Walz’s brother, Jeff Walz, made disparaging remarks about the Minnesota governor on Facebook, but later told NewsNation he would not comment further.

Bad polls

Hannity’s introduction Wednesday noted polls showed a tight race, but Trump said the enthusiasm among his supporters made that seem unlikely.

“I hear the polls are very close and we have a little lead,” he said. “I just find it hard to believe, because first of all, they’ve been so bad.”

Trump has sought to delegitimize polls and even election results that have not shown him ahead, including during the 2020 campaign, when he said he could only lose by fraud. After his loss to Biden, he made a series of spurious fraud allegations that led to the Jan. 6, 2021, attack on the U.S. Capitol.

He said Wednesday he did well in 2016, when he won the election, but “much better” in 2020, which he lost. The enthusiasm for the current campaign tops either, he said.

Trump also complained that Harris’ entry into the race, after President Joe Biden dropped out following a bad debate performance in June, was “a coup” against Biden.

Immigration claims

Trump spent much of the hour talking about immigration, an issue he has highlighted throughout his time in politics.

He repeated claims, without evidence, that immigrants entering the country illegally were largely coming from prisons and “insane asylums” and said terrorists were entering the country through the southern border.

He described immigrants as a threat to public safety and to safety net programs like Medicare and Social Security.

“These people are so bad,” he said. “They’re so dangerous. What they’ve done to our country is they’re destroying our country. And we can’t let this happen.”

He seemed to reference a viral claim that Venezuelan immigrants had “taken over” an apartment in Aurora, Colorado. Residents of the building have disputed that description.

Fracking and Pennsylvania

Playing to the audience of supporters in Pennsylvania’s state capital, Trump also attacked Harris for her former position on hydraulic fracturing, or fracking, a technique for extracting natural gas that is a major industry in the commonwealth.

Harris said during her short-lived campaign for the Democratic presidential nomination in the 2020 election she supported an end to fracking. Trump and Hannity brought that up several times Wednesday, with Trump saying it should disqualify her for voters in Pennsylvania, whose 19 electoral votes will be key in deciding the election.

“You have no choice,” he said. “You’ve got to vote for me, even if you don’t like me.”

Harris has said this year she does not support a ban on fracking.

More to come

The event was advertised as a town hall and Hannity several times said audience questions would be upcoming, but no members of the pro-Trump audience were given an opportunity to ask a question.

During the interview, Hannity acknowledged Dave McCormick, the Republican challenger to Democratic U.S. Sen. Bob Casey in one of the nation’s most competitive Senate races, in the crowd.

Hannity indicated at the end of the broadcast that taping would continue, with McCormick asking “the first question,” and air Thursday night. In an email following the event, Fox News spokeswoman Sofie Watson said the portion of the event with audience questions would air “later this week.”

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‘Let’s fight for it’: Harris vows to chart a new way forward, defeat Trump https://www.criminaljusticepartners.com/2024/08/23/lets-fight-for-it-harris-vows-to-chart-a-new-way-forward-defeat-trump/ https://www.criminaljusticepartners.com/2024/08/23/lets-fight-for-it-harris-vows-to-chart-a-new-way-forward-defeat-trump/#respond Fri, 23 Aug 2024 08:35:26 +0000 https://www.criminaljusticepartners.com/?p=21139

Left to right, second gentleman Doug Emhoff, Democratic presidential nominee Vice President Kamala Harris, Democratic vice presidential nominee Minnesota Gov. Tim Walz and Minnesota first lady Gwen Walz celebrate after Harris accepted the Democratic presidential nomination during the final day of the Democratic National Convention at the United Center on Aug. 22, 2024 in Chicago, Illinois. (Photo by Chip Somodevilla/Getty Images)

CHICAGO — Vice President Kamala Harris accepted her party’s nomination for president Thursday evening, pitching her candidacy as an opportunity for the nation to move forward, rather than accept a dark future she said would follow a second election of her Republican opponent.

Harris on the last night of the Democratic National Convention took advantage of the largest television audience she’s likely to have at least until her first debate with Republican nominee Donald Trump next month.

The vice president told her life story to the millions of Americans watching, saying it informed her agenda meant to boost the country’s’ middle class.

She characterized herself as a lifelong public servant and unifier, in contrast to what she described as Trump’s divisive self-centeredness.

“My entire career, I have only had one client: the people,” she said. “And so, on behalf of the people, on behalf of every American, regardless of party, race, gender, or the language your grandmother speaks, on behalf of my mother and everyone who has ever set out? on their own unlikely journey … on behalf of everyone whose story could only be written in the greatest nation on Earth, I accept your nomination for president of the United States of America.”

She professed her patriotism several times in her roughly 40-minute address. Near the close, she urged the Democrats in the arena and viewers at home to work for her election on behalf of the country.

“Let’s get out there and let’s fight for it,” she said “Let us write the next great chapter in the most extraordinary story ever told.”

Americans across the nation made their assessments. Yvette Young, a lifelong Philadelphia resident and project manager at SEPTA who attended a watch party at a Harris campaign office, said she thought it was an excellent speech and comprehensive.

“She touched on, I think, every issue,” Young said. “She wasn’t afraid to call Donald Trump out on his nonsense and put into perspective how he has harmed our country.”

A middle-class childhood

Harris has downplayed the historic nature of her candidacy — she is the first Black and South Asian woman to lead a major party ticket and would be the first woman president of any race — but expanded Thursday on the values her immigrant mother instilled in her.

Her mother, a scientist from India, “was tough, courageous, a trailblazer in the fight for women’s health,” she said.

Harris described her upbringing as middle class, saying she was raised mainly by her mom after her parents divorced. Harris’ father was a Jamaican student who met her mother at a civil rights meeting, Harris said Thursday.

The vice president promised to be a middle-class champion, creating what she called “an opportunity economy” that would unite labor, small businesses and workers. Additionally, she pledged to “end America’s housing shortage,” to lower the cost of everyday needs.

Ahead of the convention, Harris unveiled policy details to stop price gouging, boost the child tax credit, curb rent hikes and help first-time homebuyers.

“We know a strong middle class has always been critical to America’s success,” she said. “And building that middle class will be a defining goal of my presidency. This is personal to me. The middle class is where I come from.”

Her remarks were applauded by another person at the watch party, Lindsay Davis, a Germantown resident and UX designer.

Davis believes that there’s a particular issue that Harris can talk about that can sway undecided voters.

“A lot of the stuff she’s already said about making it easier for first-time homebuyers to buy a house that was, like, huge,” she said. “I think that’s really big for, like, younger people that aren’t boomers, I guess Gen Z, Gen X, Gen whatever, all the Gens.”

A sense of justice

Harris’s mother also taught her daughters “never to complain about injustice, but to do something about it,” she said, repeating a line former first lady Michelle Obama used throughout a Tuesday speech.

She said the same sense of justice motivated her to become a prosecutor, which she did as the district attorney of San Francisco and attorney general of California before her election to the U.S. Senate in 2016.

As the top lawyer in California, Harris won a $20 billion settlement for homeowners in the state as part of a nationwide lawsuit against banks over predatory lending during the 2008 financial crisis.

North Carolina Gov. Roy Cooper, who was also his state’s attorney general at the time, said Thursday in remarks just before Harris spoke that he saw her demand much more than what the banks initially offered.

“America, we’ve got a lot of big fights ahead of us,” he said. “And we’ve got one hell of a fighter ready to take them on.”

Trump’s ‘dark agenda’

Harris described much of her policy objectives in contrast to her opponent, the former president seeking another term, Trump.

While her administration would work to expand reproductive rights, Trump would further restrict them, she said.

Trump would pursue a nationwide abortion ban “with or without Congress,” limit access to birth control and require women to report miscarriages, she said.

“Why is it that they don’t trust women?” she asked the packed United Center crowd. “Well, we trust women.”

She said if she is elected, and Congress passes a bill restoring the Roe v. Wade abortion decision, she will sign it into law. For that to happen, Democrats would likely need to not only control both chambers, but also have 60 votes in the Senate.

On foreign policy, Harris said Trump wouldn’t stand up to dictators, “because he wants to be an autocrat himself.”

She described November’s election as a “fight for America’s future.”

The crowd broke out in a chant: “We’re not going back.”

She also asked the audience to imagine how dangerous Trump would be in office after a July 1 U.S. Supreme Court ruling that said Trump could not be prosecuted for most actions he took in office.

Second woman candidate

Harris addressed a packed crowd in which many women wore white, a nod to the women’s suffrage movement.

Former Secretary of State Hillary Clinton, who gave a speech Monday, was the first woman to accept the presidential nomination of a major party at the 2016 Democratic National Convention, when she gave her acceptance speech in a white pantsuit.

But Harris dressed head to toe in black.

She took the stage to Beyoncé’s “Freedom,” a song the campaign has made its anthem. Beyoncé, however, did not appear in person, despite widespread rumors she would show up.

After Harris’ speech, what Democratic officials said were 100,000 red, white and blue balloons were released, a convention tradition. Harris and her husband, Doug Emhoff, and her running mate, Minnesota Gov. Tim Walz and his wife, Gwen Walz, held hands onstage and acknowledged the cheers of the delegates.

‘Unexpected’ path to nomination

Harris acknowledged her abbreviated path to the nomination, which began just 32 days ago, was highly unusual.

After President Joe Biden dropped his reelection bid and endorsed Harris on July 21, the party quickly coalesced around the vice president.

She racked up the necessary delegates and after a short vetting period tapped Walz. They soon hit the campaign trail in the seven key battleground states – Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, Wisconsin.

Throughout the whirlwind, she has praised Biden for his leadership and accomplishments.

She did again in the opening lines of her speech Thursday.

“Your record is extraordinary, as history will show,” she said. “And your character is inspiring.”

Republicans have criticized the process that led to Harris’ nomination, calling it a “coup” against Biden.

In a written statement ahead of Harris’ address Thursday, Republican National Committee Chairman Michael Whatley repeated that claim and slammed Harris’ policy proposals as “the most radical agenda ever put forward at a major party convention.”

“After staging a coup to take the nomination from Joe Biden just weeks ago, Kamala Harris will take the stage at the DNC to share her dangerously liberal agenda with the Democrats gathered to coronate her in Chicago,” he said.

Convention capstone

Harris’ acceptance marked the end of a four-day convention focused on the theme of passing the torch to the next generation that was woven through the speeches of long-established Democrats in the party, such as former President Bill Clinton, who said he loved “seeing all these young leaders.”

On the first night, Biden, who dropped out of the race last month, delivered a farewell address to Democrats, endorsing Harris. The Obamas Tuesday made the case for Harris, saying in her candidacy, “hope is making a comeback.”

As Harris gave her speech aimed at defining her candidacy and vision for the country as one of freedom and joy, a sit-in protest occurred outside the United Center. Dozens of Uncommitted delegates who advocated for a Palestinian American to have a speaking slot at the DNC said they had their request denied by the Harris campaign.

Inside the arena, Harris said negotiating an end to the war, with a return of Israeli hostages and a lasting cease-fire, was a top administration priority.

“President Biden and I are working to end this war, such that Israel is secure, the hostages are released, the suffering in Gaza ends and the Palestinian people can realize their right to dignity,” she said.

At the watch party in Philadelphia, Alina Taylor, a special education teacher who lives in Upper Dublin, said as a Democratic committee person for her area, she plans to volunteer and canvass for the Harris campaign.

“I came down here because I’m fired up and I’m ready to go,” she said.

She said prior to Harris’ speech that she wants to hear her talk about the economy and what she plans on doing about reproductive rights.

“That’s so huge, because I want my daughters to have more rights than me, and I don’t want them to have less,” she said.

Pennsylvania Capital-Star reporter John Cole contributed to this report.

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A former high school football coach rises to running mate as Walz accepts VP nomination https://www.criminaljusticepartners.com/2024/08/22/a-former-high-school-football-coach-rises-to-running-mate-as-walz-accepts-vp-nomination/ https://www.criminaljusticepartners.com/2024/08/22/a-former-high-school-football-coach-rises-to-running-mate-as-walz-accepts-vp-nomination/#respond Thu, 22 Aug 2024 12:35:22 +0000 https://www.criminaljusticepartners.com/?p=21077

Democratic vice presidential nominee Minnesota Gov. Tim Walz reacts after accepting the vice presidential nomination during the third day of the Democratic National Convention at the United Center on Aug. 21, 2024 in Chicago, Illinois. (Photo by Joe Raedle/Getty Images)

CHICAGO — Minnesota Gov. Tim Walz accepted the Democratic nomination for vice president Wednesday, showcasing his appeal on the third night of the Democratic National Convention as a candidate who can fuse a middle-class image to a fairly progressive record and effectively attack the Republican alternative.

A native of a small town in Nebraska, Walz is a former high school teacher, coach and Army National Guardsman whom presidential nominee Vice President Kamala Harris chose just a little more than two weeks ago as her running mate.

In his speech to delegates packed into the United Center, an introduction to millions of Americans, Walz made the case that Democrats’ policies were the ones more consistent with heartland values than those of Republicans, led by the presidential ticket of former President Donald Trump and Ohio Sen. J.D. Vance.

“This is a big part about what this election is about: freedom,” he said.

Republicans invoke freedom to pass restrictions on reproductive rights, allow corporations to pollute and permit banks to take advantage of customers, he said.

“But when we Democrats talk about freedom, we mean the freedom to make a better life for yourself and the people that you love, to make your own health care decisions, your kids to go to school without worrying about being shot dead,” he said.

Coach Walz

A night after former President Barack Obama attested to Walz’s authentic style by lightly mocking his worn flannel shirts, other speakers sought to brandish Walz’s image as a stereotypically sensible Upper Midwesterner.

Minnesota’s senior Sen. Amy Klobuchar and Benjamin Ingman, a former student and next-door neighbor of Walz’s, introduced the vice-presidential candidate.

“Tim Walz is the kind of the guy you can count on to push you out of a snowbank,” Ingman said, referring to the neighborly chore of freeing a vehicle stuck after a heavy snow. “I know this because Tim Walz pushed me out of a snowbank.”

While Ingman spoke, former members of Walz-coached football teams took the stage, wearing red-and-white Mankato West High School football jerseys.

Klobuchar praised Walz’s progressive policy wins as governor — signing laws to guarantee paid leave, provide school meals and cut taxes for families.

She also made note of Walz’s folksy appeal and humble background that is unusual at the highest levels of U.S. politics.

“A former football coach knows how to level the playing field,” Klobuchar said. “And a former public school teacher knows how to school the likes of J.D. Vance.”

Freedom theme

Walz argued that Democrats sought to expand freedom, a central theme of the Harris campaign, while Republicans worked to limit rights.

He mentioned fertility treatments, which he and his wife, Gwen, used to conceive their two children. After the U.S. Supreme Court repealed the nationwide right to an abortion, some Republicans have also opposed in vitro fertilization, a common fertility treatment. Gwen Walz clarified this week that the Walzes used a different fertility treatment that is not as controversial with anti-abortion advocates.

Still, Walz said the pain of infertility was “hell,” and in an emotional moment, he acknowledged Gwen and children Hope and Gus in the crowd, telling them they were his “entire world.”

The crowd cheered as the Walz family’s emotion-filled faces appeared on the screens in the United Center.

Walz promoted his record as governor, including the free school meals program and an expansion of reproductive rights, and framed them as in line with traditional American values.

“While other states were banning books from their schools, we were banishing hunger from ours,” he said. “We also protected reproductive freedom because in Minnesota, we respect our neighbors and the choices they make. Even if we wouldn’t make those same choices for ourselves, we’ve got a golden rule: Mind your own damn business.”

Project 2025

Walz blasted the Republican agenda, including the 900-plus page proposal published by the conservative think tank the Heritage Foundation.

Republicans, including the Trump campaign, have sought to distance themselves from the document, which includes several provisions that Democrats have been eager to criticize.

Walz said it showed Republicans would gut Social Security and Medicare, repeal the popular health care law known as Obamacare and restrict abortion nationwide.

He characterized Republicans as out of touch, extreme and — and he has for weeks — weird.

“It’s an agenda that served nobody except the richest and the most extreme amongst us, and it’s an agenda that does nothing for our neighbors in need,” he said. “Is it weird? Absolutely.”

Walz sought to position Democrats as the party of common sense, including on guns.

As a veteran and hunter, Walz was familiar with guns and supportive of gun rights. But he suggested there must be limits that many Republicans do not accept.

“I believe in the Second Amendment,” he said. “But I also believe our first responsibility is to keep our kids safe.”

Call to action

As president, he said, Harris would lower middle-class taxes, rein in drug costs and “stand up and fight for your freedom to live the life that you want to lead.”

Using another mainstay of his campaign speeches, Walz urged the Democratic delegates in the audience to work tirelessly until Election Day.

Walz’s acceptance pumped up the group of Democratic delegates from Minnesota, who stayed for roughly 30 minutes after the program ended on the United Center floor chanting “U-S-A,” “Harris-Walz,” “Minnesota” and other cheers.

In another ode to his state, musicians John Legend and Sheila E. performed “Let’s Go Crazy” by Minnesota native Prince before Walz took the stage.

Oprah endorsement

Just before the odes to Walz began, TV talk show legend Oprah Winfrey, whose show was broadcast from Chicago for decades, made a surprise appearance on the convention stage.

Winfrey made the case for Harris as a barrier-breaking candidate and a deeply decent person.

Winfrey, who has backed every Democratic presidential candidate since Obama in 2008 but said she remains an independent voter, urged undecided voters to base their votes on the candidates’ character.

“Decency and respect are on the ballot in 2024,” she said. “And just plain common sense. Common sense tells you that Kamala Harris and Tim Walz can give us decency and respect.”

She criticized Republicans under Trump.

“Let us choose loyalty to the Constitution instead of loyalty to a single person,” she said

She appealed for an inclusive vision of politics, rejecting Vance’s dismissive description of some Democratic voters as “childless cat ladies.”

“Despite what some would have you think, we are not so different from our neighbors,” she said. “When a house is on fire, we don’t ask about the homeowner’s race or religion. We don’t wonder who their partner is or how they voted, no. We just try to do the best we can to save them. And if the place happens to belong to a childless cat lady, well, we try to get that cat out too.”

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LGBTQ Dems celebrate likely election of first openly transgender person to Congress https://www.criminaljusticepartners.com/2024/08/21/lgbtq-dems-celebrate-likely-election-of-first-openly-transgender-person-to-congress/ https://www.criminaljusticepartners.com/2024/08/21/lgbtq-dems-celebrate-likely-election-of-first-openly-transgender-person-to-congress/#respond Thu, 22 Aug 2024 00:55:54 +0000 https://www.criminaljusticepartners.com/?p=21068

Sarah McBride, a Delaware state senator running for Congress, speaks to the LGBTQ+ Caucus at the Democratic National Convention on Aug. 21, 2024. (Photo by Jacob Fischler/States Newsroom)

CHICAGO — Delaware state Sen. Sarah McBride, who in November is expected to become the first openly transgender person elected to Congress, told LGBTQ delegates to the Democratic National Convention on Wednesday that her candidacy marked a milestone for trans representation.

McBride, a candidate for Delaware’s at-large U.S. House seat being vacated by U.S. Senate candidate Lisa Blunt Rochester, said she was running not only to “make history with an election, but to make historic change on all the issues that matter.”

But she also emphasized at an afternoon LGBTQ+ Caucus meeting the importance of the example she would set if elected to the seat considered by election forecasters safely Democratic.

Just as Vice President Kamala Harris’ election to the presidency would show “a young Black girl and a young South Asian girl that she can have dreams that reach for the stars,” McBride’s election would send a similar message to trans people, she said.

“We can show a young trans person that no matter what extremists say or do, that here in America, they belong,” she said. “They belong in our schools, they belong in our communities, and yes, they even belong in the halls of Congress.”

She also marveled at how unlikely her candidacy may have been considered in the recent past.

“If you could have told my 10-year-old self that there’d be a room full of amazing Democrats chanting my chosen name, I never would have believed it,” McBride, 34, said after taking the stage to a standing ovation.

McBride pledged to advance LGBTQ rights in Congress, but also to work toward other issues, including making health care and child care more affordable and protecting reproductive rights.

‘We have power here’

Chasten Buttigieg, husband of Transportation Secretary Pete Buttigieg, who became the first openly gay candidate to win the most delegates in a presidential nominating contest in the 2020 Iowa Democratic caucuses, echoed McBride in discussing the feeling of belonging for LGBTQ people in the party.

“I keep thinking about what it was like walking the halls of high school as a closeted teenager, and had I ever passed a room like this that said LGBTQ Caucus, how I would have ran away, that I would have never have had the courage to walk through that door,” he said.

“How remarkable it is today to be surrounded by friends and family, to look at our neighbor and know that not only do we belong here, not only should we take up space here, but we have power here,” he added. “I think that’s pretty remarkable.”

Pete Buttigieg is scheduled to speak as part of the convention’s prime-time program Wednesday at the United Center.

Backing Harris-Walz

McBride, Buttigieg and other speakers at the meeting described Harris and her running mate, Minnesota Gov. Tim Walz, as LGBTQ allies.

Democratic National Committee Chair Jaime Harrison said Harris still bore a scar from a childhood fight against a bully who picked on a friend. The episode showed she was a forceful ally who would fight for justice, he said.

Walz, as a high school teacher and football coach before entering politics, helped start the school’s gay-straight alliance, Harrison said.

“He was a pioneer standing up to be an ally to the LGBTQ community, helping to create an atmosphere for a young gay person who could stand up and be themselves,” Harrison said. “That is who we have leading us in the Democratic Party.”

Chasten Buttigieg said he thought of young people today who would be scared, as he was, or didn’t feel safe enough to live openly.

“So let’s go out there and show them that there can be a better way,” he said. “And I know we can do that by electing Kamala Harris and Tim Walz this November. They are your ally. They are our allies. And I hope that we can remember to be pro-family is to be pro-every-family.”

Texas state Rep. Julie Johnson, the Democratic candidate in a safely Democratic U.S. House seat who said she would be the first openly gay member of Congress elected from a Southern state, called on LGBTQ people to continue being politically active and for LGBTQ candidates to embrace their identity.

She amended a Harris campaign slogan to drive home the point.

“When we fight, we win,” she said. “And gay people fight like hell.”

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‘Hope is making a comeback’: The Obamas make the case for Kamala Harris https://www.criminaljusticepartners.com/2024/08/21/hope-is-making-a-comeback-the-obamas-make-the-case-for-kamala-harris/ https://www.criminaljusticepartners.com/2024/08/21/hope-is-making-a-comeback-the-obamas-make-the-case-for-kamala-harris/#respond Wed, 21 Aug 2024 12:31:33 +0000 https://www.criminaljusticepartners.com/?p=21034

Former U.S. President Barack Obama greets former first lady Michelle Obama as he arrives to speak on stage during the second day of the Democratic National Convention at the United Center on Aug. 20, 2024 in Chicago, Illinois. (Photo by Andrew Harnik/Getty Images)

CHICAGO — As he did in his first speech to a Democratic National Convention 20 years ago, former President Barack Obama emphasized the connections binding Americans together and called for a more positive national atmosphere on the second night of this year’s convention Tuesday, while rallying Democrats to campaign for Vice President Kamala Harris.

At the United Center, in a convention hosted by their hometown, Obama and former first lady Michelle Obama, who spoke immediately before the former president, scattered references to the 2008 and 2012 White House races he won as they made the case for Harris.

“America, hope is making a comeback,” Michelle Obama said, referring to the theme of her husband’s 2008 campaign and tying it to Harris.

Former first lady Michelle Obama seen on the jumbotron while speaking at the Democratic National Convention on Aug. 20, 2024. (Photo by Ariana Figueroa/States Newsroom)

The energy among the Democrats since Harris became a presidential candidate a month ago could be described as “the contagious power of hope,” she said.

The couple also trained criticism on Republican nominee former President Donald Trump, painting him as an agent of division and calling for voters to reject him in favor of a more inclusive nation.

“Donald Trump wants us to think that this country is hopelessly divided between us and them,” Barack Obama said. “Between the real Americans, who of course support him, and the outsiders who don’t.”

He called for Americans to turn aside that point of view.

Republicans in their response also sought to tie Harris to Obama.

“Democrats want to evoke memories of 2008,” Republican National Committee Chairman Michael Whatley said in a written statement. “But this isn’t Barack Obama’s Democrat Party — Kamala Harris is even more dangerously liberal.”

Michelle Obama’s change in tone

In a marked shift from her convention speeches eight and four years ago, when she encouraged Democrats to take the moral high road in response to Trump’s attacks, Michelle Obama took a much more confrontational tone Tuesday night toward the Republican nominee.

“Who’s gonna tell him the job he is currently seeking might just be one of those Black jobs?” she said, in reference to a comment Trump had made about immigrants taking “Black jobs.”

Harris would be the second Black president, after Obama.

Earlier, with veiled shots at Trump, the former first lady contrasted him with Harris.

Harris “understands that most of us will never be afforded the grace of failing forward,” she said. “Who will never benefit from the affirmative action of generational wealth. If we bankrupt a business or choke in a crisis, we don’t get a second, third or fourth chance.”

Some Republicans have called Harris, a Black and South Asian woman, a “DEI hire,” an implication that her race and gender were more important than her career and character qualifications. Trump gained an inheritance from his father, who was also a real estate developer.

Trump oversaw bankrupted businesses before he entered politics. And Democrats have said he bungled the response to the COVID-19 pandemic.

Barack Obama also leveled attacks on Trump, calling him “a 78-year-old billionaire who has not stopped whining about his problems since he came down off his golden escalator” when he announced his 2016 presidential bid.

Trump alternative

Kansas delegates laugh after a joke former President Barack Obama made while telling a story about his grandmother who moved from Kansas to Hawaii. (Photo by Shaun Griswold / Source NM)

Both Obamas said Harris provided a strong alternative to Trump.

Not born into privilege like Trump, she has the empathy he lacks, Barack Obama said.

“In other words, Kamala Harris won’t be focused on her problems,” he said. “She’ll be focused on yours.”

Minnesota Gov. Tim Walz, Harris’ running mate, also provided a counterbalance to Trump, Obama said, adding that he loved Walz’s authentic Midwestern persona.

Both Obamas called on Democrats to work hard for Harris’ cause over the 11 weeks until Election Day.

Michelle Obama made “do something” a refrain of her speech.

“You know what we need to do,” the former first lady said. “Michelle Obama is asking you — no I’m telling y’all — to do something. This election is going to be close. In some states, just a handful of votes in every precinct could decide the winner.”

Biden tribute

Barack Obama dedicated the first portion of his roughly half-hour speech to honoring his vice president, President Joe Biden.

Biden guided the country out of the COVID-19 pandemic and led a strong economic recovery while lowering health care costs, Obama said.

And Biden deserved credit for sacrificing his political ambition by bowing out of his reelection race, he said.

“At a time when the other party had turned into a cult of personality, we needed a leader who was steady, and brought people together and was selfless enough to do the rarest thing there is in politics: putting his own ambition aside for the sake of the country,” Obama said. “History will remember Joe Biden as a president who defended democracy at a time of great danger.”

He nodded along as the crowd chanted “Thank you, Joe.”

Appealing to unity

Both Obamas repeated slogans from campaigns that had his name on the ballot and his presidency, seeking to tie his historic election victory to Harris’ campaign.

“On health care, we should all be proud of the progress we made through the Affordable Care Act,” Barack Obama said, referring to the major health care law he championed in his first term. “I noticed, by the way, that since it became popular they don’t call it Obamacare no more.”

Harris “knows we can’t stop there,” he continued, and would work to lower drug costs.

He also called for Americans to focus on common bonds.

“The ties that bind us together are still there,” he said. “We still coach Little League and look out for our elderly neighbors. We still feed the hungry in churches and mosques and synagogues and temples.”

In his keynote address at the 2004 Democratic National Convention, Obama also invoked Little League to stress national unity.

“The vast majority of us do not want to live in a country this bitter and divided,” he said Tuesday. “We want something better. We want to be better.”

The excitement for the Harris campaign showed that was a popular idea, he added.

To close his speech, he invoked the first president nominated at a Chicago convention, elected in the most bitterly divided period of American history — Abraham Lincoln.

“As much as any policy or program, I believe that’s what we yearn for: A return to an America where we work together and look out for each other, a restoration of what Lincoln called, on the eve of civil war, ‘our bonds of affection,’ when America taps what he called ‘the better angels of our nature,’” he said. “That’s what this election is all about.”

Former U.S. President Barack Obama talks to the Democratic National Convention on Aug. 20, 2024. (Photo by Shaun Griswold / Source New Mexico)

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Democrats trying to reverse election losses in rural America urge focus on economy https://www.criminaljusticepartners.com/2024/08/20/democrats-trying-to-reverse-election-losses-in-rural-america-urge-focus-on-economy/ https://www.criminaljusticepartners.com/2024/08/20/democrats-trying-to-reverse-election-losses-in-rural-america-urge-focus-on-economy/#respond Tue, 20 Aug 2024 23:51:39 +0000 https://www.criminaljusticepartners.com/?p=21029

Kentucky Gov. Andy Beshear speaks with reporters outside an event at the Democratic National Convention in Chicago on Aug. 20, 2024. (Photo by Jacob Fischler/States Newsroom)

CHICAGO –– Democrats should focus on pocketbook issues to win back rural voters, speakers including Kentucky Gov. Andy Beshear said at a Rural Council meeting at the Democratic National Convention Tuesday.

Beshear urged the group of rural Democrats to reject social issues and a left-right ideological framing. Most voters, he said, were not worried about political labels, but about jobs, health care, transportation, school quality and safety.

The Republicans dominating rural districts and states, Beshear and other speakers said, were not delivering on those issues.

“With Republicans going through the extreme ends that they are on every issue, now is our time to both run and govern on those issues that matter the most,” he said. “And when we do that, we don’t move a state or the country to the right or the left. We move it forward for every single American.”

The event, one of the dozens of official events for party delegates and candidates a few miles from the national program broadcast from the United Center, was infused with the idea that rural campaigns are not Democrats’ strongest, with hints that rural issues may be outside the mainstream of an increasingly urban Democratic Party.

“I think we’re the most courageous Democrats in America,” former Sen. Heidi Heitkamp of North Dakota said.

But speakers also projected hope that the party could reverse a decades-long trend of losses in rural areas, including in November’s presidential election, largely through the selection of Minnesota Gov. Tim Walz as Kamala Harris’ running mate.

Walz, several speakers said, is uniquely able to reach voters in rural areas.

“I dare the Republicans to say we are the elite party,”? Heitkamp said. “I dare them to say that we don’t know and we don’t have people in our party who care about rural America. I dare them to say that we are not rural.”

Beshear acknowledged he had been considered for Harris’ running mate, for which he said he was grateful.

“I’m proud that a governor from rural America was a candidate in that veepstakes,” he said.

But he called Walz “a great governor” who would be “a great vice president.”

The speakers urged Democrats not to abandon rural areas as unwinnable, but to contest every election.

“We have to keep organizing and investing in red states and rural America,” Caroline Gleich, a candidate for U.S. Senate from Utah, said. “Because we can and we will win.”

Not served by Republicans

Despite their dominance in rural elections, Republicans have let down constituents from those areas, Beshear, Heitkamp and other speakers said.

U.S. House Republicans are delaying passage of a new farm bill, the once-every-five-years law authorizing farm subsidy and education programs, Heitkamp said. A bloc of far-right Freedom Caucus members never vote for the farm bill because of its price tag, despite its importance for rural communities, she said.

Former President Donald Trump started trade wars, which hurt U.S. farmers’ capacity for exports, and botched the response to the COVID-19 pandemic, U.S. Deputy Agriculture Secretary Xochitl Torres Small said.

Torres Small won a New Mexico House seat in 2018.

“I was elected in the middle of the time when Donald Trump was president,” she said. “In the middle of the trade wars that were causing farmers to lose money, in the middle of rural hospitals worried about closing their doors because Donald Trump took too long to recognize the crisis of COVID.”

Alternative Democratic messaging

Explicit in the message from the event was that overtly partisan messaging could turn off rural voters, who are often not strongly political.

And implicit was that national Democrats’ shift to the left on social issues this century could distract from messaging rural voters might find more appealing.

Beshear, a popular Democrat who twice won gubernatorial elections in a red state, called himself a “proud pro-choice governor” and a “proud pro-diversity governor” at the top of his remarks before describing nonpartisan appeal.

“We run as proud Democrats — and folks, aren’t we proud Democrats?” Beshear said, prompting cheers from the crowd. “But the moment we take those hats off we serve every single American.”

“This is our chance, yes, to be proud Democrats, but to show everyone in this country, Republican, independent, Democrat or other, that there is room for them in this campaign,” he said. “That there is room for them with us.”

And Heitkamp, in communicating support for LGBTQ rights, demonstrated some unfamiliarity with the subject, stumbling over the phrase “LGTBQ+ neighbors.”

Speaking with reporters after his remarks, Beshear said Harris and her agenda represent the people who’d attended the meeting.

“Kamala Harris represents working people,” he said, praising her recently released economic policy plan. “The plans that I see are plans that will work for everybody.

From left, second gentleman Doug Emhoff, Democratic presidential candidate, U.S. Vice President Kamala Harris, Democratic vice presidential candidate Minnesota Gov. Tim Walz and his wife Gwen Walz greet supporters during a campaign rally In Philadelphia, Aug. 6, 2024. (Photo by Andrew Harnik/Getty Images)

Warm welcome for Gwen Walz?

Walz’s wife, Minnesota first lady Gwen Walz, made an unannounced visit to the event.

She received a warm reception from the crowd as she told of growing up in a small town and meeting her husband when both were public school teachers.

And she related a story meant to display small-town values.

As a high school English teacher, she tutored a star player on the football team coached by Tim Walz. The student, once a problem in class, continued his tutoring and eventually graduated.

“Tim Walz and I see education and see people one individual at a time, making a difference, one person by one person, and letting that ripple out,” she said. “We cannot underestimate the power of seeing and recognizing individuals.”

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Biden delivers late-night farewell to Democrats as he passes the torch to Harris https://www.criminaljusticepartners.com/2024/08/20/biden-delivers-late-night-farewell-to-democrats-as-he-passes-the-torch-to-harris/ https://www.criminaljusticepartners.com/2024/08/20/biden-delivers-late-night-farewell-to-democrats-as-he-passes-the-torch-to-harris/#respond Tue, 20 Aug 2024 13:16:35 +0000 https://www.criminaljusticepartners.com/?p=20993

President Joe Biden speaks onstage during the first day of the Democratic National Convention at the United Center on August 19, 2024 in Chicago, Illinois. (Photo by Chip Somodevilla/Getty Images)

CHICAGO – After waiting nearly an hour to deliver a scheduled-for-prime-time speech that was pushed to nearly 11:30 p.m. Eastern time, President Joe Biden waited an extra three minutes at the lectern on the first night of the Democratic National Convention as chants from party faithful drowned out his attempts to begin.

When planning for the convention began, Biden was expected to speak, as the party’s nominee, on the final night.

Instead, he spoke Monday as a leader a few months away from retirement, and as a bridge to new Democratic leadership.

“I love my job,” he said as he approached the end of his remarks. “But I love my country more.”

In the final minutes of perhaps the final major political speech in a half-century-long career, Biden quoted a song by Gene Scheer.

“America, America, I gave my best to you,” he said.

Early and often as he spoke, the thousands of Democratic delegates at the United Center voiced their appreciation, delaying and interrupting him with chants of “We love Joe.”

Hours after another crowd, protesters opposed to Biden’s handling of Israel’s war with Hamas in the Gaza Strip, gathered outside the convention hall, Biden gave his strongest remarks to date on the conflict, calling for a cease-fire. He conceded the protesters “have a point.”

Biden’s address provided a glimpse of what an acceptance speech for a second Democratic nomination might have looked like. But instead of promising what he would do in a second term, he said Vice President Kamala Harris would continue the administration’s work.

Biden endorsed Harris as his replacement on the Democratic ticket when he withdrew from the race last month under pressure from Democratic leaders, following his debate performance in June.

In a moment that seemed to surprise Biden, Harris and second spouse Doug Emhoff joined the president and first lady on stage directly after the speech.

‘The best volunteer’

Throughout the address, Biden promoted his own record and said Harris and her running mate, Minnesota Gov. Tim Walz, possessed the same values and character that would lead to policies Democrats want.

“I promise I’ll be the best volunteer the Harris and Walz campaign has ever seen,” he said.

Much of his remarks were also focused on the Republican nominee, former President Donald Trump, whom Biden defeated in the 2020 election.

Biden’s appearance was bumped out of the prime-time block, as scores of earlier speakers and performers forced Democrats’ debut night further and further off schedule. Some had to be rescheduled.

“Because of the raucous applause interrupting speaker after speaker, we ultimately skipped elements of our program to ensure we could get to President Biden as quickly as possible so that he could speak directly to the American people,” convention officials said in a statement.

“We are proud of the electric atmosphere in our convention hall and proud that our convention is showcasing the broad and diverse coalition behind the Harris-Walz ticket throughout the week on and off the stage.”

Infrastructure, gun safety, prescription drugs

Biden promoted his record over nearly four years in office. The country was no longer in the throes of the COVID-19 pandemic, he said.

He said wages were trending up and inflation was moving down, though he noted there was still more to do on those issues.

He delivered a massive infrastructure bill, signed a bipartisan gun safety law and worked to bring costs of prescription drugs down.

Promoting the successes of his administration, Biden highlighted Harris’ role.

When he mentioned the passage of a major Democratic bill in 2022 to boost clean energy production, cap some prescription drug costs and other measures, the crowd responded with a chant of “Thank you, Joe.”

“Thank you, Kamala, too,” Biden replied.

Middle East

Biden also said he had much still to do and addressed an issue that has divided Democrats during the past year of his presidency: Israel’s war in Gaza.

He said his administration was working to get humanitarian aid into Gaza.

“And finally, finally, finally deliver a cease-fire and end this war,” he said, pounding the lectern with his fist. “Those protesters out in the street, they have a point. A lot of innocent people are getting killed on both sides.”

On other issues, he said Harris and Walz would continue his work.

“Kamala and Tim will make the child tax cut permanent,” he said, referring to a COVID 19-era provision that increased a tax credit for families.

Contrast with Trump

Biden called Trump a tool of authoritarian leaders, such as Russian President Vladimir Putin.

Biden repeated a story he told throughout the 2020 campaign that he decided to run for president and challenge Trump’s reelection after Trump excused a deadly rally of white supremacists in Charlottesville, Virginia.

Biden rejected political violence and professed a commitment to enduring democracy, a theme he sounded in his 2020 campaign that only gained more relevance after the Jan. 6, 2021, attack on the U.S. Capitol by Trump supporters who sought to keep him in the White House.

Trump has again not said he would accept the results of an election loss, Biden said.

Electing Harris was a necessary step in protecting democracy, he said.

“Democracy has prevailed, democracy has delivered,” he said. “And now, democracy must be preserved.”

Union message

As he has through much of his half-century in national politics, Biden appealed to union members, a traditional Democratic constituency.

“Wall Street didn’t build America,” he said. “The middle class built America, and unions built the middle class.”

He said he was proud to have walked the picket line with striking member of the United Auto Workers.

Earlier in the evening, UAW President Shawn Fain in remarks to the crowd praised Biden for making history as the first president to walk a picket line.

Passing the torch

Speakers throughout the evening praised Biden for his record in office and for passing the torch to Harris.

Delaware Sen. Chris Coons, a Biden ally who took Biden’s seat in the Senate after Biden was elected vice president, said Biden helped the nation recover from the COVID-19 pandemic and the Jan. 6 attack.

“On behalf of our nation, Joe, for your courage in fighting for our democracy, we thank you,” Coons said. “On behalf of our Democratic Party, for fighting for our Democratic values, we thank you.”

First lady Jill Biden said the president worked for causes larger than himself, which she was reminded of as she saw him “dig deep into his soul and decide to no longer seek reelection and endorse Kamala Harris.”

U.S. Rep. James Clyburn of South Carolina, the third-ranking Democrat in the House for years, also praised Biden’s decision to make Harris his running mate, and to endorse her when he dropped out.

Talking to reporters after his official remarks, Clyburn said a Harris victory in November would bookend Biden’s role in Black presidential history. After serving eight years as vice president to the first Black president, Clyburn said, Biden chose the first Black vice president, Harris.

If Harris wins the November election, Clyburn said, “Joe Biden goes down in history as probably the most transformational president this country’s ever had.”

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‘We can sleep when we’re dead’: Walz rallies Wisconsin sprint to Election Day https://www.criminaljusticepartners.com/2024/08/19/we-can-sleep-when-were-dead-walz-rallies-wisconsin-sprint-to-election-day/ https://www.criminaljusticepartners.com/2024/08/19/we-can-sleep-when-were-dead-walz-rallies-wisconsin-sprint-to-election-day/#respond Mon, 19 Aug 2024 17:53:01 +0000 https://www.criminaljusticepartners.com/?p=20945

Minnesota Gov. Tim Walz, the Democratic candidate for vice president, addresses the Wisconsin delegation to the Democratic National Convention in Chicago on Aug. 19, 2024. (Photo by Jacob Fischler/States Newsroom)

CHICAGO — Minnesota Gov. Tim Walz, the Democratic candidate for vice president, made a surprise appearance at a Democratic National Convention breakfast program for the delegation from Wisconsin — one of a handful of battleground states — to encourage attendees to continue their hard campaign push to the Nov. 5 election.

Repeating a refrain from his short time on the campaign trail so far, Walz urged the Wisconsinites to sprint to Election Day to elect Vice President Kamala Harris. She is scheduled to deliver an acceptance speech as the party’s presidential nominee Thursday evening.

“We’ve got 78 days of hard work,” said Walz. “We can sleep when we’re dead.”

Harris’ entrance into the race less than a month ago — following President Joe Biden’s decision to withdraw — has energized Democrats, leading to a flurry of new volunteers signing up for the campaign, Walz said.

Walz told the crowd to focus not only on defeating former President Donald Trump, the Republican nominee, but to take motivation from their own agenda.

“It’s not just beating those guys,” Walz said. “It’s about the idea of the things that we believe in, whether it’s democracy or freedom or the strength of our public schools.”

Maryland Gov. Wes Moore sounded a similar tone in his remarks to the delegation.

“The reason we are all fired up … is not because we are afraid of the alternative,” Moore said. “We don’t need to spend any more time talking about how dangerous that alternative is. The reason that we are going to fight, the reason that we are going to win, is not because we are afraid of the alternative, it is because we are so hopeful and so optimistic about what the future is going to be like in a Harris-Walz administration.”

A Democratic administration would address housing insecurity, child poverty and gun violence, Moore said.

The message of Democratic unity resonated with Michael Jones, a Wisconsin delegate and special education teacher in Madison.

“While we all understand how terrible the alternative is, we’re not just talking about that, but we’re also talking about the joy and the positivity of when we come together,” he said.

Swing state

Speakers noted the importance of Wisconsin as one of a handful of toss-up states in the presidential election.

“You know what you have to do,” New York Gov. Kathy Hochul told the group. “The nation is counting on you.”

Wisconsin Gov. Tony Evers told reporters, following his prepared remarks, that Democrats in the state would work to turn out voters in the presidential election.

“That’s our job,” he said. “We can’t expect Tim Walz or Kamala Harris to be showing up in Wisconsin every day. So we’re going to do it.”

U.S. Senate Majority Leader Chuck Schumer of New York also addressed the delegation, saying Wisconsin Sen. Tammy Baldwin’s reelection race was critical to retaining a Democratic majority in the chamber.

“We can’t keep the Senate without” Baldwin winning, he said.

Schumer promoted Baldwin’s work in the Senate, including on a bipartisan bill to promote microchips manufacturing.

Education a top issue

The drop-in from Walz energized delegates, including Terri Wenkman, from Jefferson, Wisconsin.

“I was excited most about the surprise visit from Tim Walz,” Wenkman, a former school board member, said. “Public education is a huge piece for me, so the selection of somebody that was a public school teacher and a true huge advocate for public education, I really identify with that.”

Wenkman added that Walz’s message to drive hard to the finish line resonated, saying that the shortened campaign season may benefit Democrats.

Walz’s background as a high school teacher and football coach came through in his delivery, Jones said.

Evers, also a former teacher and state schools superintendent, made a reference during his prepared remarks to Walz’s teaching career.

“We know what happens when we elect teachers,” he said.

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What to know about the Democratic National Convention https://www.criminaljusticepartners.com/2024/08/19/what-to-know-about-the-democratic-national-convention/ https://www.criminaljusticepartners.com/2024/08/19/what-to-know-about-the-democratic-national-convention/#respond Mon, 19 Aug 2024 09:10:38 +0000 https://www.criminaljusticepartners.com/?p=20922

Workers on Aug. 15, 2024 prepare the United Center for the start of the Democratic National Convention in Chicago. The DNC runs from August 19-22. (Photo by Joe Raedle/Getty Images)

Democrats will gather in Chicago for their once-every-four-years convention, beginning Monday. Here’s a rundown:

What is it?

National political conventions are large gatherings of party officeholders, candidates and allies. They meet every four years to officially nominate candidates for president and vice president; to adopt a party platform, the list of policy proposals most party members agree on; and to celebrate and network.

This year, Vice President Kamala Harris has already been officially nominated through a virtual roll call vote earlier this month. A ceremonial roll call is still expected to be a part of the convention, and Harris will officially accept the nomination.

When should I tune in?

The convention runs from Monday, Aug. 19 to Thursday, Aug. 22.

Major news networks and a host of streaming platforms will broadcast the nightly events — usually speeches from high-profile members of the party —?live. The prime-time program runs from 6:30 p.m. to 11 p.m. Eastern Time on Monday and 7 p.m. to 11 p.m. Eastern Time on Tuesday, Wednesday and Thursday.

Full schedules for prime-time speeches have not been disclosed, but the vice presidential candidate usually accepts the nomination on Wednesday night and the presidential nominee’s acceptance speech closes out the convention on Thursday night.

Former presidents and presidential nominees are also likely to have speaking roles.

During the day, delegates and party officials will hold various events and meetings, only some of which will be broadcast or even open to reporters, as the convention doubles as a huge networking event for Democratic politicians, strategists, activists and others.

How can I watch?

Network and cable news TV stations generally air the prime-time programming from start to finish.

National Public Radio will also broadcast much of the convention.

Convention organizers will also be livestreaming the event on a host of platforms, including YouTube, X and TikTok. A full list of official livestreams is available here.

Where is the convention this year?

Chicago is hosting the Democratic convention for the 12th time, the most of any city.

The major addresses in the evening will be at the United Center, an arena that fits tens of thousands for the city’s professional basketball and hockey teams, concerts or other events.

Daytime activities will be more spread out, with locations at McCormick Place, about 6 miles southeast of the United Center, and the River North neighborhood, about 2 ? miles to the northeast.

How many people will be there?

About 5,000 Democratic delegates, who have the formal duty of voting to approve the nominees for president and vice president, are expected to attend.

A total of about 50,000 people could be in town for the event, according to the city.

Will any celebrities be there??

The 2016 Democratic National Convention — the last in-person convention Democrats held, since they moved the 2020 version online in the midst of the coronavirus pandemic —?that nominated Hillary Clinton featured celebrities including singer Katy Perry and screenwriter/actor Lena Dunham.

The Republican National Convention in July included appearances by musical artist Kid Rock and professional wrestler Hulk Hogan during prime time.

A full list of participants for the Democratic convention this year has not yet been shared, but that has not stopped some fans of major music acts from wishing they’ll see their favorites at the event.

Where can I find fair, fearless and free reporting about the convention?

Right here! And from your state’s newsroom, which you can find on this map. States Newsroom is sending multiple reporters to cover the convention and will have in-depth coverage of the major events and more.

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The big moment arrives for Harris: Democratic convention kicks off Monday in Chicago? https://www.criminaljusticepartners.com/2024/08/19/the-big-moment-arrives-for-harris-democratic-convention-kicks-off-monday-in-chicago/ https://www.criminaljusticepartners.com/2024/08/19/the-big-moment-arrives-for-harris-democratic-convention-kicks-off-monday-in-chicago/#respond Mon, 19 Aug 2024 09:00:57 +0000 https://www.criminaljusticepartners.com/?p=20919

Signs marking states’ seating sections are installed and adjusted ahead of the Democratic National Convention at the United Center on Aug. 15, 2024 in Chicago. The convention will be held Aug. 19-22. (Photo by Chip Somodevilla/Getty Images)

WASHINGTON — Just a little over a month after she became a candidate for president in the biggest shakeup in generations of presidential politics, Vice President Kamala Harris on Thursday will deliver a widely anticipated speech accepting the Democratic nomination at the party’s convention in Chicago.

Harris’ ascent to the top of the ticket after President Joe Biden changed course and said he would not seek reelection has breathed new life into the Democratic bid, with polls showing Harris — who is already the party’s official nominee after a virtual roll call earlier this month — faring much better than Biden was against Republican rival Donald Trump.

Over the course of four days, Democrats will look to capitalize on their base’s newfound enthusiasm for the campaign, with leading speakers aiming to rally the faithful around the party’s positions on reproductive rights, gun safety and voting rights, while making a strong pitch to young voters. Harris will also be expected to further lay out her policy positions.

Harris’ nomination is historic. The daughter of immigrants, Harris is the first Black and South Asian woman selected to lead a major party ticket. She would be the first woman of any race to guide the nation as chief executive.

The party has not released an official detailed schedule of speakers, but a convention official confirmed that “current and past presidents are expected to participate in convention programming.” Biden and two former presidents, Barack Obama and Bill Clinton, as well as former nominee Hillary Clinton, will all speak, according to the New York Times.

Vice presidential candidate Minnesota Gov. Tim Walz is expected to address the convention Wednesday evening, with Harris’ acceptance speech closing out the convention Thursday, the convention official said.

The evening programming block will run from 6:30 p.m. to 11 p.m. Eastern Time on Monday and 7 p.m. to 11 p.m. the rest of the week.

In addition to the usual television broadcasts, the convention will livestream on several social media platforms, including YouTube, X, Instagram and TikTok. The official live stream will be available on DemConvention.com.

Scores of Democratic caucus and council meetings, as well as state delegation breakfasts and gatherings, are also scheduled throughout the week’s daytime hours. Media organizations and outside groups are also holding daytime events that will feature Democratic officeholders and candidates.

Protests are also expected over the Biden administration’s handling of the Israel-Hamas war, with the backdrop of a delegation of uncommitted voters who oppose the war.

As many as 25,000 protestors are expected over the course of the convention, according to DemList, a newsletter for Democratic officials and allies.

A contest transformed

Harris’ entry into the race, nearly immediately after Biden announced on July 21 he would no longer seek reelection, energized Democrats distressed over Biden’s poor showings in polls against Trump, whose reelection bid Biden turned back in 2020.

A Monmouth University poll published Aug. 14 showed a huge jump in enthusiasm for Democrats. The survey found 85% of Democratic respondents were excited about the Harris-Trump race. By comparison, only 46% of Democratic respondents said in June they were excited about a Biden-Trump race.

Harris is also seeing better polling numbers in matchups against Trump, with battleground-state and national surveys consistently shifting toward the Democratic ticket since Biden left the race.

Polls of seven battleground states published by The Cook Political Report With Amy Walter on Aug. 14 showed Harris narrowly leading in five states —?Arizona, Michigan, North Carolina, Pennsylvania and Wisconsin — and?tied in Georgia and trailing in Nevada. All were improvements from Biden’s standing in the same poll in May.

An Aug. 14 survey from Quinnipiac University showed Harris with a 48%-45% edge in Pennsylvania. The 3-point advantage for Harris was within the poll’s margin of error.

Democrats hope to carry the momentum through the convention. Polls typically favor a party during and immediately after its national party gathering.

Despite the recent polling, Harris and Walz continue to describe themselves as underdogs in the race.

Campaign themes

In her short time on the campaign trail, Harris has emphasized a few core messages.

She’s made reproductive rights a central focus, including the slogan “We are not going back” in her stump speech after describing Republicans’ position on abortion. Additionally, a Texas woman who had to leave the state for an emergency abortion will speak at the DNC, according to Reuters.

Harris has also played up her background as a prosecutor, drawing a contrast with Trump’s legal troubles.

Walz has highlighted his working-class background and military service, while attacking Republican positions to restrict reproductive rights and ban certain books in schools.

Walz’s first solo campaign stop since Harris selected him as her running mate was at a union convention, where he emphasized his union background as a high school teacher.

Walz was not initially considered the favorite to be Harris’ running mate, but his appeal as a Midwesterner with a record of winning tough elections and enacting progressive policies led to his selection Aug. 6.

Harris has faced criticism for not sitting down for a formal media interview or holding a press conference since she became a candidate.

Platform in flux

Democrats have not finalized their platform for 2024. Adopting a party platform is generally among the official items at a convention.

The party set a draft platform in July just eight days before Biden dropped his reelection bid. The document centered on the theme of “finishing the job” and mentioned Biden, then the presumptive nominee, 50 times and Harris 12.

Party spokespeople did not respond to an inquiry this week about plans for an update to the platform.

Reproductive rights will likely be a focus point of any policy wishlist.

Harris, during her time as vice president, has led the administration’s messaging on reproductive rights after the Supreme Court overturned the constitutional right to an abortion in the summer of 2022.

In her campaign speeches, she has often stressed the need to “trust women” and that the government should not be deciding reproductive health.

Harris has often promised that if she is elected, she will restore those reproductive rights, but unless Democrats control a majority in the U.S. House and 60 Senate votes, it’s unlikely she would be able to achieve that promise.

Since Roe v. Wade was overturned in that Supreme Court decision, Democrats have campaigned on reproductive rights that expand beyond abortion and include protections for in vitro fertilization.

The 2020 party platform focused on recovering from the coronavirus pandemic, the economy, quality health care, investing in education, protecting democracy and combating climate change.

Democrats are likely to continue to criticize the Project 2025 playbook — a blueprint by the Heritage Foundation, a think tank, to implement conservative policies across the federal government should Trump win in November.

Trump has disavowed the document, but has not detailed his own policy plans.

Chicago conventions

The Democratic National Convention will take place in Chicago, a city with a long history of hosting the event. Democrats have held their convention in Chicago 11 times, first in 1864 and most recently in 1996.

This year’s will be the first in-person Democratic National Convention since 2016. It was upended due to the coronavirus pandemic and held virtually in 2020.

Throughout the four-day convention, there will be speeches and side events hosted by state Democratic party leaders.

The ceremonial roll call vote with delegates on the convention floor will take place Tuesday. The vice presidential nomination speech by Walz will be Wednesday night and on Thursday night, Harris will give her nomination acceptance speech.

The city is also preparing for massive protests from several groups on reproductive rights, LGBTQ protections, housing and an immediate ceasefire in Gaza, according to WBEZ News.?

The City Council of Chicago in January approved a ceasefire resolution, with Chicago Mayor Brandon Johnson the tiebreaker, making it the largest city to call for an end to the Israel-Hamas war, in which more than 40,000 Palestinians have died.

The war followed an Oct. 7 attack from Hamas, in which nearly 1,200 people were killed in Israel and hundreds taken hostage.

Road to nomination

Harris’ acceptance speech will cap a five-year journey to her party’s nomination.

In 2019, the California senator announced a bid for president in the next year’s election, but dropped out before the first primary or caucus votes were cast after she failed to catch on with Democratic voters.

Biden later picked her as a running mate, and the two defeated Trump and then-Vice President Mike Pence in the 2020 election.

Biden launched a reelection campaign for 2024, but stepped aside after a disastrous debate performance in June spurred questions about his ability to campaign and serve for another four-year term.

After Biden bowed out, Harris quickly secured 99% of delegates to become the party’s likely nominee. The virtual five-day vote secured her official nomination.

With less than three months until Election Day, Harris and Walz already have sprinted through battleground states including Arizona, Pennsylvania and North Carolina.

Their campaign has also pulled in more than $300 million, according to the campaign. Official Federal Election Commission records will be released in mid-October.

Harris and Trump have agreed to a Sept. 10 debate hosted by ABC News in Philadelphia. Trump proposed two more debates, and Harris has said she would be open to another one between the first debate and Election Day.
Walz and Republican vice presidential candidate Sen. J.D. Vance of Ohio have agreed to an Oct. 1 debate on CBS News, in New York City.

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Trump asks New York judge to delay felony sentencing past Election Day https://www.criminaljusticepartners.com/2024/08/15/trump-asks-new-york-judge-to-delay-felony-sentencing-past-election-day/ https://www.criminaljusticepartners.com/2024/08/15/trump-asks-new-york-judge-to-delay-felony-sentencing-past-election-day/#respond Thu, 15 Aug 2024 20:20:47 +0000 https://www.criminaljusticepartners.com/?p=20892

Former U.S. President Donald Trump appears ahead of the start of jury selection at Manhattan Criminal Court on April 15, 2024 in New York City. (Photo by Jabin Botsford-Pool/Getty Images)

Former President Donald Trump asked a New York court Thursday to delay until after November’s presidential election his sentencing for the 34 state felonies the court convicted him of in May.

Judge Juan Merchan scheduled a sentencing hearing for Sept. 18. But that date overlaps with early voting in the presidential election and gives Trump too little time to appeal a potential ruling against him on a request to vacate the conviction, which Merchan is scheduled to issue two days prior, attorneys Todd Blanche and Emil Bove wrote to Merchan in a letter dated Wednesday.

The one-page letter was not on the court’s official docket Thursday morning, but Blanche provided a copy to States Newsroom and said it had been filed with the court.

Merchan’s schedule is unrealistic and ignores several related issues, Trump’s attorneys wrote.

A sentencing proceeding could improperly affect voters’ perception of Trump leading up to Election Day, and Merchan’s daughter’s ties to elected Democrats could undermine the public’s faith in the court, they wrote.

While Merchan has rejected three requests from Trump that he recuse himself from the case because of his daughter’s employment at a company that produces advertising campaigns for Democrats, Trump’s lawyers said delaying the sentencing would help mitigate any potential appearance of a conflict of interest.

Trump’s Democratic rival, Vice President Kamala Harris, and her running mate, Minnesota Gov. Tim Walz, continue to discuss the case on the campaign trail. And the founder of the firm where Merchan’s daughter works has expressed his support for Harris on social media, Blanche and Bove wrote.

Election entanglements

The Sept. 18 sentencing is also scheduled “after the commencement of early voting in the Presidential election,” they wrote.

“By adjourning the sentencing until after that election … the Court would reduce, even if not eliminate, issues regarding the integrity of any future proceedings,” they wrote.

Pennsylvania law allows the earliest voting, according to a database compiled by the National Conference of State Legislatures. Pennsylvania counties are permitted to hold early voting 50 days before Election Day, which is Sept. 16.

It is unclear if any counties in the key battleground state are planning to make voting available that soon.

No other states allow voting before Sept. 18, according to the NCSL database. Blanche did not answer an emailed question about what early voting he was referring to in the letter.

Presidential immunity

Trump’s attorneys said the sentencing hearing should also be moved to accommodate another issue in the case: Trump’s presidential immunity argument.

Trump has asked for his conviction to be overturned following a U.S. Supreme Court decision that ruled presidents were entitled to a broad definition of criminal immunity for acts they take in office.

Merchan set a Sept. 16 date to rule on the request the state conviction be set aside, but Trump’s attorneys said that does not leave enough time for Trump to appeal a potentially unfavorable ruling on the immunity issue.

“The requested adjournment is also necessary to allow President Trump adequate time to assess and pursue state and federal appellate options in response to any adverse ruling,” they wrote.

The Supreme Court decision that established presidential immunity arose from a pretrial appeal, they wrote.

A New York jury convicted Trump in May of 34 felony counts of falsified business records, making him the first former president to be convicted of a felony. Trump was accused of sending $130,000, through attorney? Michael Cohen, to adult film star Stormy Daniels in the weeks before the 2016 election to buy her silence about an alleged sexual encounter years earlier.

Merchan initially set sentencing for July 11.

But after the Supreme Court ruled on July 1 that presidents enjoy full immunity from criminal charges for their official acts, the New York judge agreed to delay sentencing to first rule on how the Supreme Court decision affected the New York case.

While much of the conduct alleged in the New York case took place before Trump was in office, his attorneys have argued that the prosecution also included investigations into Oval Office meetings with Cohen that could be impermissible under the Supreme Court’s standard.

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Walz in first solo speech as VP candidate touts Dem ticket’s labor union ties https://www.criminaljusticepartners.com/2024/08/13/walz-in-first-solo-speech-as-vp-candidate-touts-dem-tickets-labor-union-ties/ https://www.criminaljusticepartners.com/2024/08/13/walz-in-first-solo-speech-as-vp-candidate-touts-dem-tickets-labor-union-ties/#respond Wed, 14 Aug 2024 00:10:36 +0000 https://www.criminaljusticepartners.com/?p=20871

Democratic vice presidential candidate Minnesota Governor Tim Walz speaks at the 46th International Convention of the American Federation of State, County and Municipal Employees at the Los Angeles Convention Center on Aug. 13, 2024 in Los Angeles. (Photo by Mario Tama/Getty Images)

Minnesota Gov. Tim Walz made his first solo campaign appearance as the Democratic vice presidential candidate Tuesday, telling a union audience in Los Angeles that the Democratic ticket led by Vice President Kamala Harris would prioritize worker-friendly policies.

Walz appeared to tailor most of his 20-minute speech to the audience of members of the American Federation of State, County and Municipal Employees, a 1.4-million-member union of public-sector workers.

Walz, who was a union member as a public school teacher in southern Minnesota before he won a U.S. House seat in 2006, praised the policies Harris championed as part of President Joe Biden’s administration, and those he pushed as Minnesota governor.

Walz and Harris come from working-class backgrounds, he said, noting that Harris worked at McDonald’s as a student.

“Vice President Harris took that work ethic, goes to work every single day to make sure families don’t just get by, but they get ahead,” he said.

Harris led the administration’s work to eliminate barriers to organizing and cast the tiebreaking vote in the U.S. Senate to pass the $1.9 trillion COVID-19 relief bill in 2021 that Walz said kept public-sector workers employed during the pandemic.

As governor, Walz said he made it easier to form unions, strengthened worker protections and banned “those damn captive audience meetings for good,” referring to meetings employers can mandate workers attend ahead of union votes to discourage support for organizing.

Both Walz and Harris have walked on picket lines with striking workers, he said.

Walz is the second person who has been a union member to appear on a presidential ticket since Ronald Reagan, who led the Screen Actors Guild before a career in politics, in 1984. Unlike the two-term Republican president, who engaged in a high-profile standoff with the federal air traffic controllers’ union, Walz told the audience he would not “lose (his) way” once elected.

Former President Donald Trump was also a member of SAG-AFTRA, the successor organization to the Screen Actors Guild, when he ran for president in 2016 and 2020. Trump, who was nominated by Republicans in July as their presidential candidate, is no longer a member.

Walz called on the union audience to get involved in campaign organizing, saying that if the group could mobilize friends and neighbors, it could make a difference in an election that could be decided by tens of thousands of votes in a few key states.

“This is going to be a close, tough race,” he said. “But if each of us does an extra shift, an extra hour, a little bit more, we get to wake up on that morning after the election and know that the work we did transformed the lives for millions, transformed generations, impacted the world.”

He closed with a campaign slogan Harris has been using, leading the crowd in a chant of, “When we fight, we win.”

Attack on GOP

Walz asked for organized labor to help turn out Democratic voters in November.

“I know I’m preaching to the choir a little bit today,” he said. “But the choir needs to sing.”

Trump and his running mate, Sen. J.D. Vance of Ohio, were “not in the choir” of union supporters, Walz said.

Trump has said he supports “right-to-work” laws that make union organizing difficult, Walz said.

Walz related a conversation he’d had with United Autoworkers President Shawn Fain in which the labor leader called Trump a derisive name for an anti-union worker over his position on such laws.

“I saw our friend Shawn Fain at the UAW had a name for that, he called him a scab,” Walz said. “That’s not name-calling, it’s an observation in fact, just to be clear.”

Project 2025

A second Trump administration would work to “put the screws to working people,” Walz said, noting that sections of the “Project 2025 to-do list” call for restricting union organizing and reducing overtime.

Project 2025 is a list of policy goals developed by the Heritage Foundation, a conservative think tank, with input from former Trump administration officials. Democrats have worked to tie Trump to the document they describe as radically conservative.

Trump has denied any involvement in its drafting and has not committed to working toward it if elected.

Walz, a former high school football coach, said Trump was “playing dumb” about the contents of Project 2025.

“I’m a football coach at heart,” he said. “I’ll tell you one thing I know for sure is, if you’re going to take the time to draw up a playbook, you’re damn sure going to use it.”

Broader message?

Walz also peppered his remarks with messages seemingly meant for a broader general-election audience, advocating for reproductive rights and criticizing restrictions on book bans some Republican states have led against gender or race-based content and Trump’s position on cutting taxes for the wealthy.

Highlighting the campaign’s theme of freedom, Walz said the government should not be involved in “personal choices” about how to start a family, what books to read or whether to join a union.

“This country is great because we have a golden rule that makes things work. We mind our own damn business on those things,” he said.

He also defended against criticisms of his record in the Army National Guard that has come under scrutiny from Republicans, including Vance, who is a Marine Corps veteran. They have said Walz exaggerated his role and left his unit months before it was deployed to Iraq in 2005.

Walz said he was proud of his 24 years of service in the National Guard, which only ended in 2005 so he could run for Congress, where he joined the House Veterans’ Affairs Committee.

“I’m proud of my service to this country,” he said. “And I firmly believe you should never denigrate another person’s service record. Anyone brave enough to put on that uniform for our great country, including my opponent, I just have a few simple words: Thank you for your service and sacrifice.”

CLARIFICATION: An earlier version of this report said Walz was the first former union member since Ronald Reagan to appear on a presidential ticket, after he said during his speech he was the first union member since Reagan. He is the second person who has been a union member to be on a presidential ticket since 1984.

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Citing integrity, union support, ‘normality,’ Dems rally around Walz as VP choice https://www.criminaljusticepartners.com/2024/08/06/citing-integrity-union-support-normality-dems-rally-around-walz-as-vp-choice/ https://www.criminaljusticepartners.com/2024/08/06/citing-integrity-union-support-normality-dems-rally-around-walz-as-vp-choice/#respond Tue, 06 Aug 2024 22:07:13 +0000 https://www.criminaljusticepartners.com/?p=20725

Governors Kathy Hochul of New York, Tim Walz of Minnesota and Wes Moore of Maryland speak to reporters after a meeting with U.S. President Joe Biden at the White House on July 03, 2024 in Washington, D.C., as Biden sought to shore up support following his debate performance. Walz on Tuesday, Aug. 6, was tapped as the running mate to the Democratic presidential nominee, Kamala Harris. (Photo by Anna Moneymaker/Getty Images)

Democrats moved quickly Tuesday to back Minnesota Gov. Tim Walz as the running mate of their presidential candidate, Vice President Kamala Harris.

Party leaders, including President Joe Biden, and figures across the Democratic political spectrum, from progressive favorite U.S. Rep. Alexandria Ocasio-Cortez of New York to independent U.S. Sen. Joe Manchin III, a centrist West Virginian who left the party earlier this year, praised Walz’s record and character.

Republicans largely dismissed Walz as too liberal, saying the pick showed Harris was not interested in appealing to voters in the ideological middle.

As statements poured in before noon Tuesday, Walz took a call from Biden, a former vice president himself, congratulating the Minnesota governor on the selection, according to the White House.

“The first major decision a party nominee makes is their choice for Vice President,” Biden said in a tweet. “And Kamala Harris has made a great decision in choosing Governor Tim Walz to be her running mate.”

Former House Speaker Nancy Pelosi said in an MSNBC interview Tuesday morning that Walz is “wonderful” and praised his record as the top Democrat on the House Veterans Affairs Committee. Walz represented a southern Minnesota swing district in the U.S. House from 2007 to 2019.

Former President Barack Obama and former first lady Michelle Obama said in a statement that Walz’s record in office and personal character would make him a great candidate and vice president.

“Governor Walz doesn’t just have the experience to be vice president, he has the values and integrity to make us proud,” the Obamas wrote.

Uniting the party

Walz’s appeal as a running mate resides at least partly in an image of a straight-talking Midwesterner.

In a statement, Manchin, who shares with Walz a history of winning elections as a Democrat in rural, socially conservative areas, highlighted the Minnesotan’s “normality.”

“My friend Governor Tim Walz will bring normality back to the most chaotic political environment that most of us have ever seen,” Manchin wrote. “All of the candidates were strong and any one of them would have been a great pick, but I can think of no one better than Governor Walz to help bring our country closer together and bring balance back to the Democratic Party.”

Walz also appealed to the other end of the party’s ideological spectrum, through his record as Minnesota governor.

Ocasio-Cortez alluded to Walz’s support for a state law to provide free meals to all public school students and to expand reproductive rights.

“Vice President Harris made an excellent decision in Gov. Walz as her running mate,” Ocasio-Cortez said. “Together, they will govern effectively, inclusively, and boldly for the American people. They won’t back down under tight odds, either — from healthcare to school lunch.”

GOP response

Republican leaders, including the GOP candidates for president and vice president, former President Donald Trump and Ohio U.S. Sen. J.D. Vance, said Walz’s record was too liberal.

Talking to a CNN reporter on a campaign plane, Vance attacked Walz’s response to the unrest following George Floyd’s murder by a Minneapolis police officer in 2020, including a reference to a Harris tweet in 2020 supporting a bail fund for protesters arrested in that aftermath.

“They make an interesting tag team because, of course, Tim Walz allowed rioters to burn down Minneapolis in the summer of 2020,” Vance said. “And then the few who got caught, Kamala Harris helped bail them out of jail.”

At the request of Minneapolis Mayor Jacob Frey, Walz deployed the Minnesota National Guard to quell rioting in the aftermath of Floyd’s killing, but much damage continued.

The Trump-Vance campaign debuted an ad that called Harris and Walz “dangerously liberal.”

“Kamala Harris just doubled down on her radical vision for America by tapping another left-wing extremist as her VP nominee,” the ad begins.

Also-rans

Other Democrats who’d been on the Harris short list for running mate congratulated Walz and signaled their support for the ticket.

“Vice President Kamala Harris has my enthusiastic support – and I know that Governor Tim Walz is an exceptionally strong addition to the ticket who will help Kamala move our country forward,” Pennsylvania Gov. Josh Shapiro said in part of a lengthy written statement.

Shapiro, whose office said Monday night he was scheduled to appear at the Tuesday evening rally in Philadelphia that will be Walz’s first official campaign appearance, was reported to be the runner-up to Walz.

U.S. Sen. Mark Kelly of Arizona, another finalist whom Harris interviewed in Washington Sunday, praised Walz’s record as governor and in the U.S. House, where he was a colleague of Kelly’s wife, Gabby Giffords.

“Tim has years of experience representing Minnesota both in the House of Representatives, where he served with Gabby, and as Minnesota’s governor,” Kelly wrote in an email to supporters, later tweeted by a spokesman. “He has shown up time and time again for working families and I know he’ll continue that work in the White House.”

Kentucky Gov. Andy Beshear, another potential pick, said he was honored to have been considered.

In a post to X, he called Walz “a great friend and a great choice.”

“I fully support this new ticket and will work to elect Kamala Harris as our next President of the United States,” he wrote.

Climate, labor groups

Several groups representing organized labor and supporters of efforts to address climate change quickly enthusiastically backed the selection of Walz.

United Auto Workers President Shawn Fain said in a statement the union, which is crucial to Democrats in the key swing state of Michigan, would work to elect Harris and Walz.

“Tim Walz has been a great governor and is going to make a great Vice President,” said Fain. “He’s stood with the working class every step of the way, and has walked the walk, including on a UAW picket line last fall.”

Fain said in a CBS interview on Sunday that Walz and Beshear were his two favorites for the position.

United Steelworkers International President David McCall said Tuesday that Walz, who was a union member as a public-school teacher, was a working-class champion.

“Vice President Harris couldn’t have chosen a stronger champion of workers to be her running mate, and the USW applauds her decision,” McCall wrote. “From his many years of service in Congress to his time as governor of Minnesota, Gov. Walz has fought for working families every step of the way. A former union educator, he’s enacted some of the most significant pro-worker reforms in our nation’s history.”

Davie Kieve, the president of EDF Action, the political arm of the Environmental Defense Fund, called Walz “a proven leader and climate champion.”

While Walz, like Harris, will be 60 on Election Day, groups representing young voters supported him.

Sunrise Movement, a far-left youth-led climate group that had kept the Biden administration at arm’s length, endorsed Walz in a statement from communications director Stevie O’Hanlon that called Walz “an excellent choice” and highlighted Walz’s work to enact a law to move Minnesota to 100% clean energy by 2040.

“As Governor, Tim Walz has made huge strides to address the climate crisis,” O’Hanlon wrote. “He has done this by pitching climate action as a way to make people’s everyday lives better, create good-paying green jobs, and invest in making communities stronger. That is a winning message, and one the Democratic ticket should put at the forefront of their agenda.”

One group that supported Walz when he represented his rural U.S. House district criticized the pick.

A tweet from the National Rifle Association said Walz would be “a disaster for our right to bear arms.”

“Tim Walz is a political chameleon – changing his positions to further his own political agenda,” Randy Kozuch, the chairman of the NRA Political Victory Fund, the group’s political action committee, said in a statement.

The NRA had awarded Walz, who has professed a love of hunting, an “A” rating as a U.S. House member. But Walz began supporting tighter gun regulations while running for governor in 2018, after the February shooting at Parkland High School in Florida. As governor, he has signed some gun control legislation.

House members

Members and former members of the House Democratic Caucus heaped praise on their former colleague.

Former Rep. Beto O’Rourke of Texas described Walz as a great friend and an effective lawmaker who reached across the aisle.

“Met Tim Walz on my first day in Congress, sat next to him on Veterans Affairs committee for the following six years,” O’Rourke wrote on X. “No one fought harder for veterans. And he did it by bringing Democrats and Republicans together to get the job done.”

Former House Majority Leader Steny Hoyer of Maryland said Walz was an “invaluable” member of the caucus.

“Governor Walz’s work ethic helped him to be a pragmatic, effective leader in the House,” Hoyer wrote in a statement. “His plainspoken, common-sense approach to governing allowed him to deliver for Veterans and Minnesotans. I know he will bring that same dedication and empathy to the Vice Presidency.”

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Minnesota Gov. Tim Walz picked by Harris as her running mate on Democratic ticket https://www.criminaljusticepartners.com/2024/08/06/minnesota-gov-tim-walz-said-to-be-picked-by-harris-as-her-running-mate/ https://www.criminaljusticepartners.com/2024/08/06/minnesota-gov-tim-walz-said-to-be-picked-by-harris-as-her-running-mate/#respond Tue, 06 Aug 2024 13:53:22 +0000 https://www.criminaljusticepartners.com/?p=20699

Minnesota Gov. Tim Walz speaks at a Biden-Harris campaign and DNC press conference on July 17, 2024 in Milwaukee, Wisconsin. The press conference was held to address Project 2025 and Republican policies on abortion. (Photo by Jim Vondruska/Getty Images)

Vice President Kamala Harris, the Democratic nominee for president, selected Minnesota Gov. Tim Walz as her running mate Tuesday, in a move meant to boost the Democratic ticket’s appeal in key Midwestern states and with blue-collar voters.

Walz, a former social studies teacher and Army National Guard veteran who won challenging elections in a rural U.S. House district before running for governor in 2018 and winning reelection in 2022, balances Harris geographically and demographically, while bringing a history of campaign wins in purple-to-red areas and a governing record among the most progressive of any contender to join the ticket.

“One of the things that stood out to me about Tim is how his convictions on fighting for middle class families run deep,” Harris wrote in a statement. “It’s personal. As a governor, a coach, a teacher, and a veteran, he’s delivered for working families like his own. We are going to build a great partnership. We start out as underdogs but I believe together, we can win this election.”

Walz was seen as the preferred vice presidential pick of the party’s progressive wing, especially as an alternative to Pennsylvania Gov. Josh Shapiro. Harris interviewed both governors, and U.S. Sen. Mark Kelly of Arizona, in Washington Sunday as she whittled down her shortlist.

More speculation about Beshear?

Gov. Andy Beshear told reporters Monday that his being mentioned as a possible presidential contender is a positive reflection on Kentucky. The governor had just spoken at a celebration of Kentucky State Parks' 100th anniversary. (Kentucky Lantern photo by McKenna Horsley)
Gov. Andy Beshear (Kentucky Lantern photo by McKenna Horsley)

News that another governor will be Democratic presidential nominee Kamala Harris’ running mate ended speculation about Kentucky Gov. Andy Beshear’s chances of getting the nod and kicked off speculation about whether he would have a place in a Harris administration.

Beshear in a social media post Tuesday morning said it was an honor to have been considered. He called Minnesota Gov. Tim Walz “a great friend and a great choice. I fully support this new ticket and will work to elect Kamala Harris as our next President of the United States,” Beshear said.

Andy Westberry, a spokesperson for the Republican Party of Kentucky, called the news unsurprising. “With the Kentucky Democrats’ echo chamber in the local press and social media coming to an end, it’s no surprise Kamala Harris took a pass on Andy,” Westberry said in a statement. “His years of controversy and lack of policy wins made choosing him a liability.”??

Wesberry called the vice president’s pick of Walz “a liability to our nation’s economy.”?

Kentucky Democratic Party Chair Colmon Elridge applauded Harris’ choice and Walz’s “years of service in public school classrooms and as a congressman and governor. He said Walz is “a devoted champion for working families, and has protected access to affordable health care, cut child poverty, protected reproductive rights, guaranteed meals for kids in public schools, and more.”?

Beshear, a two-term Democratic governor was mentioned in media reports as recently as the weekend as a longshot possibility for the vice presidential nod. Harris met Sunday with Pennsylvania Gov. Josh Shapiro, U.S. Sen. Mark Kelly of Arizona and Walz. Also mentioned as vice presidential prospects were Transportation Secretary Pete Buttegieg and North Carolina Gov. Roy Cooper, who took his name out of contention.?

Beshear, who has repeatedly said he wants to serve until the end of his term in 2027, last month said “the only way I would consider something other than this current job is if I believed I could further help my people and to help this country.” ?

Little known until recently outside his home state to all but the closest political observers, Walz’s laid-back style and approachable demeanor — and straightforward attacks on Republican rivals Donald Trump and J.D. Vance — over weeks of consistent national TV appearances won praise from Democratic officials and strategists who have struggled to break Trump’s hold over white voters without college degrees.

Walz, 60, emerged in recent weeks as one of the party’s top communicators through the power of a single adjective for Republicans and their policy goals.

“These are weird people on the other side,” Walz said in a July 23 interview on MSNBC. “They want to take books away, they want to be in your exam room … These are weird ideas.”

Despite the best efforts of President Joe Biden’s abandoned reelection bid to describe Republicans under Trump’s leadership as a threat to U.S. democracy and reproductive rights who couldn’t be trusted to responsibly govern, the attacks didn’t stick and Trump continued to climb in the polls.

But shortly after Biden’s July 21 exit from the race, Democrats embraced the succinct message that has been credited to the Minnesota governor.

“I am loving Tim Walz on TV,” Rebecca Pearcey, a Democratic strategist, told States Newsroom in a July interview on potential vice presidential picks for Harris.

“I love that he’s just so down-to-earth and so pithy and that he’s like, ‘These guys are weird,’” she added. “That’s exactly it — we are overcomplicating what this message has to be.”

In a statement, Shapiro said he was grateful to have been considered for Harris’ running mate and would continue his work as governor, calling that role “the highest honor” of his life.

Shapiro congratulated Walz, saying he would be an “exceptionally strong addition to the ticket.” He said he would work to help the Harris-Walz ticket win in November.

“Vice President Kamala Harris has my enthusiastic support – and I know that Governor Tim Walz is an exceptionally strong addition to the ticket who will help Kamala move our country forward,” he wrote. “Over the next 92 days, I look forward to traveling all across the Commonwealth to unite Pennsylvanians behind Kamala Harris’ campaign to defeat Donald Trump, become the 47th President of the United States, and build a better future for our country.”

According to his official schedule, Shapiro is scheduled to speak at Walz’s first public appearance with Harris, a rally in Philadelphia Tuesday evening.

Far-left radical’

Shortly after reports of the Walz choice surfaced, Trump’s campaign blasted him in a statement that sought to undercut his appeal to rural Midwestern voters and tie him to Harris’ Bay Area background, potentially previewing the attacks Walz will see throughout the three months leading up to Election Day.

“It’s no surprise that San Francisco Liberal Kamala Harris wants West Coast wannabe Tim Walz as her running-mate – Walz has spent his governorship trying to reshape Minnesota in the image of the Golden State,” Trump campaign press secretary Karoline Leavitt said in a statement.

“If Walz won’t tell voters the truth, we will: just like Kamala Harris, Tim Walz is a dangerously liberal extremist, and the Harris-Walz California dream is every American’s nightmare.”

Leavitt highlighted Walz’s signature on a bill to require the state move to 100% non-carbon energy by 2040.

A political action committee associated with Trump also slammed the Minnesota governor.

A written statement from MAGA Inc. criticized Walz’s positions on transgender rights and immigration, as well as his response to the riots in Minneapolis after police there killed George Floyd, an unarmed Black man.

The PAC also sought to tie Walz to a federal fraud case in the state that saw five convicted in federal court of taking federal COVID-19 relief money intended to feed needy children. The case dealt with a nonprofit, but a June report from the state auditor found the state’s Department of Education failed to properly oversee the federal payments.

“Governor Tim Walz and Kamala Harris will get along just great,” the statement said. “They’re both far-left radicals that don’t know how to govern.”

Former House Speaker Nancy Pelosi, who is also from San Francisco, said in an appearance on MSNBC’s Morning Joe on Tuesday that characterizations of Walz as far-left were “mystifying.”

“To characterize him as left is so unreal,” Pelosi said. “He’s right down the middle. He’s a heartland-of-America Democrat.”

As the top Democrat on the U.S. House Veterans Affairs Committee, Walz made “tremendous, tremendous gains” for veterans, Pelosi said.

Communicating rural values

Walz, who grew up in a rural community in Nebraska, has slammed national Republicans for a relentless focus on cultural issues. He’s trained that criticism recently on Vance, a U.S. senator from Ohio whose rise to Republican vice presidential nominee was built on his controversial book detailing the lives of people in impoverished rural areas of Kentucky.

Vance and Republicans have “obsessions” with taking away rights, Walz has said, especially related to reproductive rights and education that includes discussion of gender and sexuality.

“The golden rule that makes small towns work so we’re not at each other’s throats all the time in a little town is: Mind your own damn business,” Walz told MSNBC’s Jen Psaki on July 25. “I don’t need him (Vance) to tell me about my family, I don’t need him to tell me about my wife’s health care and her reproductive rights, I don’t need him telling my children what books to read.”

Walz instead projects a pragmatic vision of Democratic governance.

“They scream socialism, we just build roads and we build schools and we build prosperity into this,” he told Psaki.

Working-class message

As governor, Walz has notched a series of policy wins he can boast to the party’s progressive wing about. He signed laws to offer free meals to all public school students, expand abortion access and legalize some recreational uses of THC.

But the sometimes bespectacled former high school teacher and football coach, who has donned t-shirts and hunting caps in national TV hits, also projects an image of Midwestern pragmatism.

That may help balance voters’ views of a Democratic ticket led by Harris, who would be the first woman president, the first president of South Asian descent and the second Black president, and who is seen as more liberal than most in the party after climbing the ranks through Democratic primaries in California.

Christopher Devine, a political scientist at the University of Dayton, said Walz’s appeal is not unlike that of Harris’ last running mate.

“Walz has a message that kind of reminds me of Joe Biden’s appeal, kind of a working-class focus,” he said. “He can speak from a rural background, he’s been a teacher and a coach and has a military background as well. He seems to me like he’s someone who could maybe help with kind of a working-class message.”

The campaign will depend on Walz to carry that message to neighboring Wisconsin and other crucial Rust Belt states such as Michigan and Pennsylvania.

‘Far-left radical’

Shortly after reports of the Walz choice surfaced, a political action committee associated with Trump slammed Walz in a potential preview of attacks he will see throughout the three months leading up to Election Day.

A written statement from MAGA Inc. criticized Walz’s positions on transgender rights and immigration, as well as his response to the riots in Minneapolis after police there killed George Floyd, an unarmed Black man.

The PAC also sought to tie Walz to a federal fraud case in the state that saw five convicted in federal court of taking federal COVID-19 relief money intended to feed needy children. The case dealt with a nonprofit, but a June report from the state auditor found that the state’s Department of Education failed to properly oversee the federal payments.

“Governor Tim Walz and Kamala Harris will get along just great,” the statement said. “They’re both far-left radicals that don’t know how to govern.”

Kim Lyons contributed to this report.

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VP speculation hits a fever pitch, with Harris announcement expected very soon https://www.criminaljusticepartners.com/2024/08/05/vp-speculation-hits-a-fever-pitch-with-harris-announcement-expected-very-soon/ https://www.criminaljusticepartners.com/2024/08/05/vp-speculation-hits-a-fever-pitch-with-harris-announcement-expected-very-soon/#respond Mon, 05 Aug 2024 21:46:37 +0000 https://www.criminaljusticepartners.com/?p=20666

Democratic presidential candidate Vice President Kamala Harris speaks to supporters during a campaign rally at West Allis Central High School on July 23, 2024 in West Allis, Wisconsin. (Photo by Jim Vondruska/Getty Images)

Democratic presidential candidate Vice President Kamala Harris interviewed contenders to be her running mate over the weekend, continuing a closely watched deliberation that is set to wrap up with an announcement Monday or Tuesday.

Harris met with Pennsylvania Gov. Josh Shapiro, Minnesota Gov. Tim Walz and U.S. Sen. Mark Kelly of Arizona at the vice president’s residence at the Naval Observatory in Washington on Sunday, according to multiple media reports. Some reports indicated those three were the finalists for the position, while others said more candidates may have been interviewed virtually.

Kentucky Gov. Andy Beshear, Transportation Secretary Pete Buttigieg and Illinois Gov. JB Pritzker also have been considered in the running.

Reporters staked out at the vice president’s residence spotted former Attorney General Eric Holder, who is leading the vetting of potential running mates for Harris, entering the complex on Saturday morning.

Harris is scheduled to kick off a seven-state campaign tour with her running mate in Philadelphia on Tuesday evening.

Spokespeople for the Harris campaign did not respond to a message seeking comment Monday morning.

Kelly tweets scrutinized

Kelly’s activity on social media Sunday fueled speculation about his status. He tweeted, then deleted, a post about his background in the U.S. Navy and as a NASA astronaut that ended with “Now, my mission is serving Arizonans.”

Some read the post to reflect that Kelly was no longer a contender for vice president.

He later sent another post with a similar theme about his biography that instead ended with, “I’ve learned that when your country asks you to serve, you always answer the call.”

Jacob Peters, a spokesman for Kelly, tweeted that Kelly’s posts had been overanalyzed.

“An Arizona senator tweeting about being an Arizona senator is not news!” he wrote. “Go back to your Sundays everybody!”

Interviews to probe weaknesses

Jon Green, a political science professor at Duke University in North Carolina, told States Newsroom the weekend interviews were likely to test the contenders’ responses to questions that will arise once they join the ticket.

Each potential pick would bring strengths and weaknesses, and Harris may be questioning how they would handle perceived concerns, he said.

Shapiro, the popular governor of a must-win state, has faced objections from progressive Democratic activists about his positions on school vouchers, which are deeply opposed by the teachers unions that form a part of the Democratic base, and his response to protests over Israel’s war in Gaza, Green said.

“I think Harris will likely be asking him, ‘How are you going to handle — or how are we going to handle, if you’re the pick — the coalitional dynamics there?’” Green said.

Shapiro’s known policy preferences on Israel are not out of line with other contenders, but he made harsher public comments about protesters at the University of Pennsylvania.

Kelly also may have had to answer how he’d handle being seen as “the least pro-labor” of the prospective running mates, Green said.

The Harris campaign may examine if Walz, who has emerged as a favorite of the party’s progressive wing, effectively balances Harris’ liberal profile, Green said.

Walz has spearheaded progressive bills through a closely divided state Legislature.

“That has endeared him to the left wing of the coalition,” Green said. “That might be seen as a potential liability in the general election campaign if the knock on the ticket is that they’re presenting this left-wing agenda, he’s almost too good at passing liberal legislation for the median voter.”

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Democrats step up pressure on Trump to debate Harris in new swing-state ad campaign https://www.criminaljusticepartners.com/2024/08/02/democrats-step-up-pressure-on-trump-to-debate-harris-in-new-swing-state-ad-campaign/ https://www.criminaljusticepartners.com/2024/08/02/democrats-step-up-pressure-on-trump-to-debate-harris-in-new-swing-state-ad-campaign/#respond Fri, 02 Aug 2024 10:00:53 +0000 https://www.criminaljusticepartners.com/?p=20546

Democrats are launching an ad campaign pressing Republican presidential nominee and former President Donald Trump to debate Vice President Kamala Harris, the likely Democratic nominee. In this photo, the White House is seen on June 24, 2023 in Washington, D.C. (Photo by Samuel Corum/Getty Images)

The Democratic National Committee will unveil a confrontational digital ad campaign in battleground states, starting Friday in Atlanta, to press Republican presidential nominee Donald Trump to debate Vice President Kamala Harris, the likely Democratic nominee, States Newsroom has learned.

Trump has not committed to debating Harris, who has said she is eager to keep a Sept. 10 debate date that was negotiated before she entered the race.

The ads, which will blanket major newspaper websites in battleground states where Trump is campaigning, starting with the Atlanta Journal-Constitution, call the former president “afraid to debate” Harris, according to a news release from the DNC.

The DNC plans to replicate the ads running in Atlanta on the websites of other major newspapers in swing states on days Trump will be stumping in those states. The ads will generally run the day of a Trump campaign event, but the first ads in Atlanta will run for two days, Friday and Saturday, ahead of a Trump appearance there Saturday, a DNC spokesperson said.

The unusual ad buy highlights parts of Trump’s record that Democrats have been hammering throughout the campaign, including a conservative policy blueprint known as Project 2025 that calls for a nationwide abortion ban and the 34 New York state felony charges Trump was convicted of in May.

“Trump is a convicted felon whose Project 2025 would ban abortion nationwide,” one banner ad shared with States Newsroom before its launch reads. “No wonder he’s afraid to debate.”

Trump and his campaign have worked to distance the candidate from Project 2025, which was created by the conservative think tank the Heritage Foundation, but have not produced a comprehensive policy document to replace it.

Debate about debates

Trump agreed in May to two debates with President Joe Biden, then the presumptive Democratic nominee. But weeks after Biden’s poor performance in the first, on June 27, the incumbent dropped out of the race and endorsed Harris to replace him on the top of the Democratic ticket.

Trump campaign communications director Steven Cheung said in a July 25 statement that Trump’s agreement to debate on Sept. 10 did not necessarily hold after Biden’s withdrawal, saying the Democratic nomination was still unsettled.

Harris is the only candidate for the Democratic nomination, which will be finalized during a virtual roll call of Democratic delegates that started Thursday. She is scheduled to accept the Democratic nomination at the party’s convention this month in Chicago.

The ads represent an escalation in Democrats’ pressure campaign to get Trump on a debate stage with Harris.

At her own Atlanta rally on Wednesday, hours after Trump made an unfounded comment about Harris’ racial identity, Harris challenged the former president to debate her.

“Donald, I do hope you’ll reconsider to meet me on the debate stage,” she said. “Because as the saying goes, if you got something to say, say it to my face.”

The Sept. 10 debate was set to air on ABC with moderators David Muir and Linsey Davis of ABC News. Further details, including location, were set to be announced closer to that date.

Democrats have said Harris will still participate in the debate whether Trump shows or not.

“No matter where Trump is on September 10, voters know where he stands,” DNC communications director Rosemary Boeglin said in a written statement. “Meanwhile, Vice President Harris will be on the debate stage to offer America the path forward – giving voters the choice to reject Trump’s MAGA extremism once and for all.”

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With 2024 campaign growing intense, watchdogs warn of election threats https://www.criminaljusticepartners.com/2024/08/02/with-2024-campaign-growing-intense-watchdogs-warn-of-election-threats/ https://www.criminaljusticepartners.com/2024/08/02/with-2024-campaign-growing-intense-watchdogs-warn-of-election-threats/#respond Fri, 02 Aug 2024 09:50:28 +0000 https://www.criminaljusticepartners.com/?p=20520

Pinellas County residents go to cast their voting ballots at the Coliseum polling precinct on Nov. 8, 2022 in St. Petersburg, Florida. (Photo by Octavio Jones/Getty Images)

Voter intimidation, an exodus of election workers fed up with harassment and continued misinformation and disinformation campaigns threaten the integrity of the November elections, say officials with the government watchdog group Common Cause.

This year will be the first presidential election since “the big lie,” Common Cause President Virginia Kase Solomón said on a July 30 video call with reporters.

She was referring to the effort by then-President Donald Trump and his allies to undermine Trump’s reelection loss in 2020 by promoting a series of unfounded conspiracy theories and encouraging supporters to obstruct Congress’ certification of the results on Jan. 6, 2021.

Common Cause is a nonpartisan organization and Solomón and other speakers did not mention Trump, who is again the Republican nominee for president, by name.

But Solomón said the country’s election integrity was damaged by the 2020 experience, with many veteran election workers opting to leave the profession rather than deal with the threats and harassment from believers in election conspiracies.

“We’re still living with the legacy of those lies,” she said. “They’ve undermined the faith of many Americans in our elections and fed anger and heated rhetoric … Those lies have also led to threats and harassment to election officials who have seen massive turnover in their ranks.”

On top of those challenges, election workers and voters also must deal this cycle with improving generative artificial intelligence tools that make disinformation easier than ever, Common Cause experts said.

And state laws, such as a measure that went into effect in Florida after the 2022 elections to cancel automatic delivery of vote-by-mail ballots, promise further confusion and disenfranchisement, they said.

To combat those threats to election integrity, the group is gearing up for campaign-season education drives.

Threats of violence

Instances of actual political violence remain rare, Suzanne Almeida, a Common Cause director of state operations who also leads the group’s work on political violence, said.

But threats, militant language, doxing and other harassment continue, Almeida said.

That has affected election workers, with a recent study from the left-leaning Brennan Center for Justice finding that 38% of election workers had experienced threats and more than half of local election officials feared for their safety.

While surveys, including a recent University of California-Davis study, show that voters of both parties reject political violence, “candidates who have large platforms” have used them to drive turnout, Almeida said.

“We are seeing the normalization of hate, violent rhetoric, violent threats and harassment as a viable political strategy,” she said.

A spokesperson for the Trump campaign did not respond to a message seeking comment Tuesday.

AI and misinformation

Intentional efforts to disinform voters and accidental spreading of misinformation remain a growing problem, Common Cause’s media and democracy program director Ishan Mehta said.

The expansion and improvement of generative artificial intelligence makes it easier to create and spread fraudulent campaign content.

“The ubiquity of these tools means that you don’t have to be a computer expert anymore to have misinformation that would convince a lot, over half the population,” Mehta said.

Social media platforms that surged misinformation enforcement after Jan. 6 have now backed off enforcing misinformation, he said.

Elon Musk, the billionaire owner of X, tweeted a doctored video of likely Democratic presidential nominee Kamala Harris over the weekend. Musk, who has endorsed Trump, bought the platform in 2022. He boasts 192 million followers.

Florida law

Amy Keith, the executive director of Common Cause Florida, said recent changes to state election law will create confusion and deprive some voters of ballots.

More than 1.9 million Floridians who received a mail-in ballot in 2022 will not receive one this cycle, she said. The state enacted a law after that election that required voters to send new requests for mail-in ballots with additional identification.

“Even if some of those 1.9 million people might not wish to vote by mail this year, we know that thousands and thousands of Florida voters are likely expecting a mail ballot to arrive in their mailbox,” she said. “And it isn’t going to.”

Ahead of the state’s Aug. 20 primary, Common Cause and allied groups are “really working to spread the message” to voters that they need to request a mail-in ballot if they wish to vote that way, and that they can vote in person even if they have requested a mail ballot, Keith said.

Deploying poll monitors

While predicting widespread violence on Election Day would not happen, Common Cause Pennsylvania Executive Director Philip Hensley-Robin anticipated some instances of political violence or intimidation.

The group would send “hundreds of poll monitors” across the commonwealth to record such instances, with monitors who will also be trained in deescalation, he said.

Hensley-Robin began his remarks by acknowledging the “tragic events” of the assassination attempt on Trump at a rally in Butler, Pennsylvania, but said the “isolated incident” would not deter voters from turning out.

He also anticipated that some would mount “spurious” lawsuits to “disenfranchise voters and undermine public confidence” in the election, but predicted those would be quickly dismissed.

Trump’s campaign lost scores of lawsuits challenging 2020 election results.

Voter outreach

Solomón said Common Cause would be reminding voters to be on the lookout for misinformation and disinformation, especially from AI, and that it’s likely Election Day will end without a clear winner in the presidential race, a situation that has encouraged conspiracy theories about election fraud.

“That’s not a sign that anything is wrong,” she said.

The group will also be in touch with election workers to understand their needs and to offer assistance, she said.

She added that democracy had to be proactive.

“In the 2020 election, I think there was a false narrative that came out of that, and that was that democracy held and did what it was supposed to do,” she said. “And one of the things that I like to remind people of is that democracy did not hold. We made it hold.”

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U.S. Senate Energy panel approves bipartisan bill streamlining energy permitting https://www.criminaljusticepartners.com/2024/07/31/u-s-senate-energy-panel-approves-bipartisan-bill-streamlining-energy-permitting/ https://www.criminaljusticepartners.com/2024/07/31/u-s-senate-energy-panel-approves-bipartisan-bill-streamlining-energy-permitting/#respond Wed, 31 Jul 2024 23:14:28 +0000 https://www.criminaljusticepartners.com/?p=20492

The Kentucky Public Service Commission regulates the rates and services of more than 1,100 utilities, ranging from large investor-owned electric providers like Louisville Gas and Electric and Kentucky Utilities to small water districts that provide drinking water to rural communities.?(Photo by Scott Olson/Getty Images)

A lopsided vote on the U.S. Senate Energy and Natural Resources Committee advanced a bipartisan bill Wednesday to overhaul the process to gain federal approvals for energy projects.

The 15-4 vote demonstrated broad support for the bill, though it remains unclear if Congress will take the time in an election year to move the measure to President Joe Biden’s desk.

Members of both parties have complained that the process of gaining permits from federal agencies for energy projects is overly complicated and lengthy, delaying clean energy and fossil fuel production alike. The bill, sponsored by West Virginia independent Joe Manchin III and Wyoming Republican John Barrasso, aims to streamline the federal permitting process.

The bill would also require lease sales for oil and gas production in the Gulf of Mexico and lift a controversial pause on certain liquefied natural gas exports that Biden put in place in January.

At Wednesday’s committee meeting, Manchin, who chairs the panel, said only a bipartisan effort could effectively cure the problems with energy permitting. The bill was the product of nearly two years of negotiation that included input from a wide range of interested parties, he said.

“We’ve listened to everyone,” Manchin said. “And I think we’ve hit it right in the middle.”

Democrats Ron Wyden of Oregon and Mazie Hirono of Hawaii, as well as independent Bernie Sanders of Vermont, who caucuses with Democrats, voted against the measure. Republican Sen. Josh Hawley of Missouri also voted no.

Sen. Martin Heinrich of New Mexico, who is in line to be the next top Democrat on the committee after Manchin — formerly a Democrat — retires in January, supported the bill, which could give the package momentum in the next Congress if it stalls this year.

Heinrich said that while certain provisions would increase carbon dioxide emissions, the bill’s benefits outweigh the harms.

“This was a carefully crafted, bipartisan, balanced bill,” he said after the vote. “All of us have things we love about it. We also have a few things that we’re not crazy about, but that’s how legislation works.”

Republican Sen. Lisa Murkowski of Alaska sounded similar notes, saying the bill lacked some elements she wanted, but was overall a positive step.

“I think it’s important that we demonstrate some forward movement on permitting reform,” she said. “And while this isn’t the end-all and be-all, as we’ve all acknowledged, it starts moving us forward.”

Environmental opposition

While most Democrats on the committee supported the bill, some opposed the measure based on provisions that would benefit the fossil fuel industry. Some environmental advocates also raised that objection.

“It’s disappointing so many senators have been duped into voting for another sweetheart deal for the fossil fuel industry in exchange for meager improvements on electricity transmission,” Brett Hartl, government affairs director at the environmental group Center for Biological Diversity, wrote in a statement.

Wyden said he supported several parts of the bill, but could not support the entire package. The bill would counteract the 2022 law Democrats passed that offered hundreds of millions of dollars in tax credits for clean energy, Wyden said.

Wyden praised provisions to overhaul mining standards, ease permitting for transmission lines and address geothermal energy. If the bill contained only those provisions, Wyden said he would support it and “recommend a parade down Main Street.

“Unfortunately, there are a number of provisions in this bill that run contrary to what I think the effort in 2022 was all about, the transformative efforts,” he said.

Amendments rejected

Wyden called for continued efforts to rework the bill before it receives a vote on the Senate floor. Other members, including those who voted to approve the bill, also called for continued tweaks.

Murkowski, a former chair of the committee, said she was disappointed the bill did not include more on hydroelectric energy.

Manchin told Murkowski he would continue to work with her on hydro provisions.

Members of both parties introduced a series of amendments Wednesday. Republicans largely sought additional requirements to produce fossil fuels. Democrats sought restrictions on fossil fuel production.

Manchin led opposition to all the amendments introduced Wednesday, saying they would throw off the bill’s careful bipartisan balance.

“I believe that we’ve identified a reasonable compromise with our bill,” he said.

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Harris to appear as sole candidate for Dem presidential nomination on virtual roll call https://www.criminaljusticepartners.com/2024/07/31/harris-to-appear-as-sole-candidate-for-dem-presidential-nomination-on-virtual-roll-call/ https://www.criminaljusticepartners.com/2024/07/31/harris-to-appear-as-sole-candidate-for-dem-presidential-nomination-on-virtual-roll-call/#respond Wed, 31 Jul 2024 17:21:34 +0000 https://www.criminaljusticepartners.com/?p=20446

Vice President Kamala Harris speaks on gun violence during an event at John R. Lewis High School on June 2, 2023 in Springfield, Virginia. (Photo by Alex Wong/Getty Images)

Vice President Kamala Harris is the only candidate for the Democratic presidential nomination, the Democratic National Committee said late Tuesday.

Harris was the only person to reach the threshold of 300 delegates petitioning for her to become the party’s nominee after President Joe Biden dropped his bid for reelection, setting her up to officially become the party’s nominee during a virtual roll call scheduled to begin Thursday, according to a DNC press release.

The DNC allowed party delegates to petition for a new nominee after Biden’s withdrawal. After sweeping primaries and caucuses, Biden had secured the vast majority of the 3,949 pledged delegates in the Democratic nominating process. Most of those delegates quickly declared their support for Harris following Biden’s exit.

About 84% of Democratic delegates submitted a signature during the petition phase, with 99% of those supporting Harris. A total of 3,923 Democratic delegates petitioned for Harris to be the presidential nominee, according to the release, which called Harris the presumptive Democratic nominee.

“Democratic delegates from across the nation made their voices heard, overwhelmingly backing Vice President Kamala Harris as the Democratic Party’s presumptive nominee,” DNC Chair Jaime Harrison and Democratic National Convention Committee Chair Minyon Moore said in the statement.

Harris won the backing of many state parties, elected officials and other party leaders within hours of Biden bowing out of the race and endorsing her. Candidates rumored to harbor their own presidential ambitions quickly fell in line with Harris, with a few still thought to be under consideration for Harris’ running mate.

Democrats’ virtual roll call – a departure from the traditional roll call at the party convention initially designed to ensure the party’s nominee was on the ballot in Ohio despite an early deadline that has since been changed – will begin 9 a.m. Eastern on Thursday and wrap up at 6 p.m. on Aug. 5, the DNC release said.

Harris and running mate to Philadelphia

Harris will campaign on Aug. 6, the day after the virtual roll call concludes, with her yet-to-be-named running mate in Philadelphia, the Pennsylvania Capital-Star confirmed Tuesday.

The commonwealth is perhaps the most important battleground in the presidential race and Gov. Josh Shapiro is reportedly on Harris’ short list for vice president. The first-term governor and Michigan Gov. Gretchen Whitmer stumped for Harris at a Monday rally in the Philadelphia area.

Politico reported that the Harris campaign swing will also include western Wisconsin; Detroit; Raleigh, North Carolina; Savannah, Georgia; Las Vegas; and Phoenix.

Other top candidates for Harris’ running mate include Arizona U.S. Sen. Mark Kelly and Minnesota Gov. Tim Walz, with Kentucky Gov. Andy Beshear and U.S. Transportation Secretary Pete Buttigieg also under consideration.

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Kamala Harris needs a VP candidate. Could a governor fit the bill? https://www.criminaljusticepartners.com/2024/07/26/kamala-harris-needs-a-vp-candidate-could-a-governor-fit-the-bill/ https://www.criminaljusticepartners.com/2024/07/26/kamala-harris-needs-a-vp-candidate-could-a-governor-fit-the-bill/#respond Fri, 26 Jul 2024 20:52:37 +0000 https://www.criminaljusticepartners.com/?p=20377

Supporters of Vice President Kamala Harris react to her speaking during a campaign rally at West Allis Central High School on July 23, 2024 in West Allis, Wisconsin. Harris made her first campaign appearance as the party’s presidential candidate, with an endorsement from President Joe Biden. (Photo by Jim Vondruska/Getty Images)

In her search for a running mate in her presidential bid, Vice President Kamala Harris is said to be eyeing a clutch of contenders with executive experience enhanced by an outside-the-Beltway flavor — at least five governors from the Rust Belt, South and Midwest.

Harris, if nominated by Democrats and elected, would be the first woman to serve as president, the first president of South Asian descent and the second Black president. She joined the U.S. Senate in 2017 after a career in California state politics.

That background may compel her to seek a white governor without D.C. baggage, experts said, a description several reported contenders fit. Most observers expect Harris to choose a man, though Michigan Gov. Gretchen Whitmer would also make a strong case.

Govs. Josh Shapiro of Pennsylvania, Tim Walz of Minnesota, Andy Beshear of Kentucky and Roy Cooper of North Carolina are seen as top-tier candidates to balance Harris’ profile. And U.S. Sen. Mark Kelly of Arizona, who had a high-profile career before politics as an astronaut and Navy captain, would also complement Harris.

Selecting another woman, most likely Whitmer, may contradict the conventional political wisdom to seek a counterweight, but would allow the Democratic ticket to highlight one of its strongest campaign messages in advocacy of reproductive rights.

But experts told States Newsroom multiple factors swirl around a vice presidential pick, expected in coming weeks as Harris seeks election as the Democratic presidential nominee in a virtual roll call vote as soon as Aug. 1, following President Joe Biden’s decision to not run. She could try for that desired balance, or play to her own strengths, or bestow the honor on a swing state key to a win.

Ultimately, Harris’ selection will send a message about her decision-making as president, said Joel Goldstein, a professor of law emeritus at Saint Louis University and an expert on the vice presidency.

“Oftentimes the impact a running mate can have is as much in the messages it sends about the presidential candidate as it is something that the running mate contributes independently,” Goldstein said.

Helping the ticket

Presidential nominees typically look for a running mate who will even out perceived weaknesses among different constituencies of their party.

Think, for example, of Trump picking Indiana Gov. Mike Pence in 2016, hoping the selection of a mild-mannered Midwesterner with deep ties to the GOP’s evangelical community would temper the bombastic New Yorker’s reputation among the party’s social conservatives.

Or the youthful Illinois Sen. Barack Obama in 2008 selecting Biden, who’d spent decades in the Senate by then and unsuccessfully sought the presidency, to counter criticisms that Obama was too inexperienced to be commander-in-chief.

Goldstein said a vice presidential pick should not typically be the selector’s “ideological clone” so that it “broadens the appeal of the ticket” to wider populations around the country.

Voters often see women candidates and candidates of color as more liberal than their voting record would reflect, which could lead Harris to favor a running mate seen as more moderate.

Harris has several choices that could reach voters for whom she doesn’t have a natural appeal.

Choosing a white male governor from the Midwest or South would provide demographic and geographic balance, Rebecca Pearcey, a Democratic campaign veteran and partner with the public affairs firm Bryson Gillette, said.

Walz, who grew up in a town of 400, and Beshear, the popular two-term governor of a rural, red state, would complement Harris’ roots growing up in Oakland, California, and dealing with Bay Area politics, she said.

“You’re covering a lot of bases by picking somebody from a very different demographic background than the candidate,” Pearcey said. “Which I think is smart.”

Playing to a strength

While presidential candidates generally seek a running mate for balance, they don’t always, Christopher Devine, a political science professor at the University of Dayton who has written two books on vice presidential candidates, said.

A running mate who emphasizes an advantage can also help a ticket, he said.

“When it’s something that’s actually a strength of yours, there’s nothing wrong with doubling down,” Devine said.

In 1992, Bill Clinton, the Arkansas governor, chose another younger Southern Democrat in U.S. Sen. Al Gore of Tennessee, but that helped emphasize the appeal of the youthful “New Democrat” candidate.

If Harris decides to go that route, Whitmer, who centered her 2022 reelection race on abortion rights, would be the “obvious” choice, Devine said.

“If they see that as a strength that Harris is a better messenger on this issue because she’s a woman –?which obviously is what the Biden campaign believed – then maybe picking a woman is helpful,” he said.

Ready to govern

Most important for Harris is to pick someone voters believe is qualified, Devine said.

“Perceptions of a running mate’s readiness to be vice president or even president can actually affect how voters see the presidential candidate’s judgment,” he said.

Pearcey agreed.

“She has to have an eye on ready-to-govern,” Pearcey said of Harris. “Who’s ready to step into the role of vice president and can take on some policy initiatives?”

Harris’ vice presidential pick would also have to be someone voters could see assuming the role of the president if Harris was no longer able to fulfill her term.

Kathleen Dolan, a political science professor at the University of Wisconsin-Milwaukee, pointed to previous vice presidential picks, like the late Sen. John McCain’s running mate Sarah Palin of Alaska, that left some voters wondering if they were ready to govern.

Dolan also noted that Trump’s running mate, J.D. Vance, doesn’t have the political experience many expect in a vice president. Vance, 39, has been the junior senator from Ohio since 2023 and before that had no political experience.

“I think she (Harris) will probably be focused on somebody who has more government experience, probably not somebody quite as young as Sen. Vance,” Dolan said.

That could work against Transportation Secretary Pete Buttigieg, who ran a surprisingly strong race in the 2020 Democratic primary, but whose only elected experience is as the mayor of South Bend, Indiana.

“He’s been a mayor and he’s been a secretary for a couple of years,” Dolan said. “So he doesn’t have the political background.”

Candidates for president and vice president also need to be able to work together, experts said.

Part of Harris’ process for vetting candidates will include her chemistry with each, Thomas Mills, a Democratic consultant, said.

Mills noted Clinton and Gore’s bond with each other was part of their appeal.

“There was chemistry between them,” he said. “And it was pretty clear on the campaign trail.”

Two governors under consideration –?Beshear and Cooper –?have existing relationships with Harris from when all three were state attorneys general last decade.

Why governors dominate?

The list of reported contenders, which also includes Illinois Gov. J.B. Pritzker, is more full of governors than usual.

That could be because Harris is looking for someone with a record of delivering results and navigating the political currents in a busy state capital.

“It goes to the ability to govern,” Pearcey said.

And governors’ need to balance their states’ budgets and deliver tangible results gives them a more moderate, practical image, Devine said.

“Governors tend to deal with more pragmatic issues and they’re not as mixed up in the most divisive national issues,” he said. “Maybe voters will see them as more moderate and pragmatic.”

And choosing a governor would not be as disruptive for federal politics.

If Kelly, the only member of Congress thought to be in contention, became vice president, it would force Democrats to defend his Senate seat in 2026, creating a swing-state campaign in a midterm election that typically disfavors the president’s party.

Swing state?

Running mates are often chosen to appeal to the electorate of a particular battleground state or region.

That would boost the case for Shapiro, whose nearly 15-point win in the critical state of Pennsylvania in 2022 is a strong part of his resume, as well as Kelly and Whitmer.

But there is actually little data to support the home-state advantage theory, Devine said. And making a choice voters see as politically motivated could backfire, which could come into play for Shapiro, who has been in office for less than two years.

“If they are picking Josh Shapiro to win Pennsylvania –?like, if he was the governor of New Jersey they wouldn’t bother –?then I think that’s a bad pick,” Devine said. “If they believe in him because he’s perceived as a moderate, then that could be a good swing-state strategy.”

Dolan said Harris’ week-old campaign has differed in which swing states it’s targeting and that her vice presidential pick would have to appeal to a wide range of electorates.

She said the Harris campaign may be trying to broaden its reach to voters outside the Rust Belt states such as Wisconsin, Michigan and Pennsylvania in which Biden invested.

“I think they see a potential for different electoral combinations, and that the more diverse populations of places like Arizona or Georgia or Nevada could help in ways that they wouldn’t have helped President Biden,” said Dolan. Harris’ running mate would have to reach these additional audiences as well.

Cooper issue

Adding Cooper to the presidential ticket would create a unique challenge in North Carolina.

Under the state’s constitution, whenever the governor leaves the state, the lieutenant governor assumes the power of that office. That might be a problem for North Carolina Democrats, who describe Lt. Gov. Mark Robinson as a right-wing Republican.

With Cooper on the campaign trail in contested states across the country, Robinson, who is the GOP candidate to replace the term-limited Cooper, would have his hands on the levers of state executive power.

“I’m tempted to say that it makes him not really a viable candidate,” Devine said. “Is he that far above the other candidates that it’s worth just messing up North Carolina politics?”

But Mills, who is based in North Carolina, said Robinson’s own race for governor would temper the risk of giving him the power of the office. Leading up to Election Day, Robinson will likely be proceeding with caution.

“That’s somewhat of a concern,” Mills said of the state’s succession rules’ impact on Cooper’s chances. “But I don’t think it’s that much of a concern, because it would be an awful risky thing going down the stretch as the gubernatorial candidate for him to look like he overreached.”

Asher Hildebrand, a public policy professor at Duke University, also made clear that Robinson probably wouldn’t have a major impact while Cooper would be campaigning.

“It would be pretty extraordinary for Robinson to do anything that couldn’t be undone immediately by Cooper through executive order,” Hildebrand said.

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Democratic delegates swiftly give Harris enough support to clinch presidential nomination https://www.criminaljusticepartners.com/2024/07/23/democratic-delegates-swiftly-give-harris-enough-support-to-clinch-presidential-nomination/ https://www.criminaljusticepartners.com/2024/07/23/democratic-delegates-swiftly-give-harris-enough-support-to-clinch-presidential-nomination/#respond Tue, 23 Jul 2024 16:13:23 +0000 https://www.criminaljusticepartners.com/?p=20224

U.S. Vice President Kamala Harris attends an NCAA championship teams celebration on the South Lawn of the White House on July 22, 2024 in Washington, D.C. President Joe Biden abandoned his campaign for a second term after weeks of pressure from fellow Democrats to withdraw and just months ahead of the November election, throwing his support behind Harris. (Photo by Andrew Harnik/Getty Images)

Vice President Kamala Harris has won enough endorsements from Democratic delegates to make her the party’s presidential nominee, according to unofficial delegate trackers.

A delegate tracker from The Associated Press counted 2,688 delegates who had said by Tuesday morning they would vote for Harris on the first ballot of the party’s nominating vote. A candidate needs 1,976 delegates on the first ballot to secure the Democratic nomination.

If the delegates who have endorsed her follow through, Harris will officially become the nominee when the vote occurs next month.

Several state parties met Sunday and Monday after President Joe Biden — who had been the party’s presumptive nominee after racking up delegates by sweeping primaries and caucuses this year — took the unprecedented step Sunday afternoon of ending his reelection bid.

Biden endorsed Harris shortly after bowing out, as did many of the state parties holding emergency meetings, elected officials, unions and influential outside groups.

Harris claimed victory in the uncontested nomination race in a Monday night statement after her home-state California delegation endorsed her.

“Tonight, I am proud to have secured the broad support needed to become our party’s nominee, and as a daughter of California, I am proud that my home state’s delegation helped put our campaign over the top,” Harris said in the statement. “I look forward to formally accepting the nomination soon.”

The Democratic National Committee is scheduled to meet Wednesday to set up a nomination framework and virtual roll call to select a presidential candidate ahead of the party’s national convention from Aug. 19 to Aug. 22 in Chicago.

The pre-convention virtual roll call was meant to comply with an Ohio law requiring parties select a candidate 90 days before Election Day, which Democrats said would have caused problems with their convention schedule.

Harris will also need to select a running mate. The campaign has requested vetting materials from five potential picks, according to an MSNBC report. They are Govs. Roy Cooper of North Carolina, Josh Shapiro of Pennsylvania, Gretchen Whitmer of Michigan and Tim Walz of Minnesota and Sen. Mark Kelly of Arizona.

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VP Harris cites Biden’s ‘legacy of accomplishment’ as endorsements pile up for her bid https://www.criminaljusticepartners.com/2024/07/22/vp-harris-cites-bidens-legacy-of-accomplishment-as-endorsements-pile-up-for-her-bid/ https://www.criminaljusticepartners.com/2024/07/22/vp-harris-cites-bidens-legacy-of-accomplishment-as-endorsements-pile-up-for-her-bid/#respond Mon, 22 Jul 2024 20:02:11 +0000 https://www.criminaljusticepartners.com/?p=20206

A supporter holds a sign as members of the San Francisco Democratic Party rally in support of Kamala Harris, following the announcement by President Joe Biden that he is dropping out of the 2024 presidential race, on July 22, 2024 at City Hall in San Francisco, California. Biden has endorsed Harris, the former San Francisco district attorney, to be the Democratic nominee. (Photo by Loren Elliott/Getty Images)

WASHINGTON — Vice President Kamala Harris’ path to the Democratic nomination cleared Monday as she secured endorsements from potential rivals and other high-profile party members the day after President Joe Biden ended his reelection bid.

A swarm of Democratic legislative leaders, governors -— including some thought to harbor presidential ambitions of their own — and influential unions as well as key outside groups endorsed her within 24 hours of Biden’s unscheduled Sunday afternoon announcement, while no serious challenger emerged.

In Harris’ first public appearance since Biden’s announcement and endorsement of her, the vice president met with college sports champions at the White House. She opened her brief remarks with a tribute to Biden, who, while recovering from COVID-19, was “feeling much better” Monday, she said.

“Joe Biden’s legacy of accomplishment over the past three years is unmatched in modern history,” she said. “In one term, he has already surpassed the legacy of most presidents who have served two terms in office.”

Harris was also scheduled to travel to the campaign headquarters in Wilmington, Delaware, late Monday to meet with campaign staff, according to the White House.

Several key Democrats had not publicly backed her by Monday afternoon. Senate Majority Leader Chuck Schumer of New York, House Minority Leader Hakeem Jeffries of New York and former President Barack Obama had not offered endorsements.

Jeffries told reporters that he and Schumer were planning to meet with Harris “shortly.” While Jeffries did not endorse Harris, he said she has “excited the House Democratic Caucus and she’s exciting the country.”

Congressional Dems line up behind Harris?

But endorsements rolled in from Capitol Hill.

Top congressional Democrats like the No. 2 Senate Democrat, Dick Durbin of Illinois, and the No. 2 House Democrat, Rep. Katherine Clark of Massachusetts, also early Monday gave Harris their support.

And former House Speaker Nancy Pelosi of California said in a statement that she supported Harris and noted her work advocating for reproductive rights — a topic that Democrats have centered various campaigns on following the end of Roe v. Wade.

“Politically, make no mistake,” Pelosi said. “Kamala Harris as a woman in politics is brilliantly astute — and I have full confidence that she will lead us to victory in November.”

The chair of the campaign arm for House Democrats, Rep. Suzan DelBene of Washington, also gave her support to Harris.

Harris has also earned the backing of all the House Democratic leaders of influential congressional caucuses.

That includes Reps. Steven Horsford of Nevada of the Congressional Black Caucus, Nanette Barragán of California of the Congressional Hispanic Caucus, Pramila Jayapal of Washington of the Progressive Caucus and Judy Chu of California of the Congressional Asian Pacific American Caucus.

Obama holds off

Obama did not yet endorse Harris but in a lengthy statement Sunday said he has “extraordinary confidence that the leaders of our party will be able to create a process from which an outstanding nominee emerges.”

Similarly, in 2020 the former two-term president waited until Biden was formally nominated by the Democratic National Committee before he gave an endorsement.

The DNC will move forward with the process to formally nominate a presidential candidate Wednesday when its Rules Committee meets in a public virtual session amid ongoing efforts to set up a virtual roll call vote ahead of the convention next month in Chicago.

No serious challenger to Harris’ nomination had emerged by Monday afternoon, as independent Sen. Joe Manchin III of West Virginia said in a morning MSNBC interview he would not seek the Democratic nomination.

Governors endorse Harris

Following Biden’s endorsement of Harris, several Democratic governors have also offered their support for the vice president, including the governors speculated to be among Harris’ choices for a running mate and would-be rivals for the nomination.

Govs. Gretchen Whitmer of Michigan, Josh Shapiro of Pennsylvania, Andy Beshear of Kentucky, Roy Cooper of North Carolina, Wes Moore of Maryland and J.B. Pritzker of Illinois all offered their endorsements in the day since Biden withdrew from the race.

Beshear announced his support for Harris in a television interview Monday morning. He wouldn’t say if he’d like to join Harris’ ticket, but said in a statement on X that the vice president will “bring our country together and move us past the anger politics we’ve seen in recent years.”

Other governors around the country also offered their support, including Jared Polis of Colorado, Tony Evers of Wisconsin, Phil Murphy of New Jersey, Laura Kelly of Kansas, Michelle Lujan Grisham of New Mexico, Tim Walz of Minnesota, Katie Hobbs of Arizona, Janet Mills of Maine, Jay Inslee of Washington state, and Maura Healey of Massachusetts.

Governors from Oregon and Rhode Island, both Democrats, have yet to voice their support for Harris. Both thanked Biden for his service as president on X.

State parties planning next moves

Several state parties endorsed Harris or indicated they would support her.

North Carolina Democrats voted to endorse a ticket of Harris and Cooper, their term-limited governor, NC Newsline reported.

At Beshear’s request, Kentucky Democrats voted “overwhelmingly” to back Harris, the Kentucky Lantern reported.

New Hampshire’s state party coalesced behind Harris at a Sunday evening meeting, according to the New Hampshire Bulletin.

Maine Democrats were scheduled to meet Monday night and are likely to consider a proposal to switch the party’s support from Biden to Harris, the Maine Morning Star said.

Advocacy groups?

Several influential Democrat-aligned organizations announced their support for Harris.

Emily’s List, which works to elect Democratic women who favor abortion rights, tweeted its endorsement Sunday.

LGBTQ advocacy group Human Rights Campaign also backed Harris, noting her early support for marriage equality and other work on LGBTQ issues.

UnidosUS, a Latino civil rights group, also endorsed Harris.

Gen-Z for Change, formerly called TikTok for Biden, had withheld an endorsement of the president over his handling of the Israel-Hamas war in which more than 39,000 Palestinians have been killed. But quickly following the announcement from Biden to step out of the race, the organization gave an endorsement to Harris.

The political action committees of the Congressional Black Caucus, Congressional Hispanic Caucus and Congressional Progressive Caucus also backed Harris.

Several unions jump in

Harris has also garnered the backing of several labor unions in the day since announcing her bid for office. The Service Employees International Union, which represents 2 million service workers including health care and property and public services, announced its endorsement for Harris Sunday.

In a written statement, SEIU President April Verrett said “SEIU is ALL IN” for Harris and that the vice president “has made sure to use every lever of government to do everything possible to make things better for working people.”

The American Federation of Teachers unanimously endorsed Harris Sunday. AFT represents 1.7 million education professionals across the country, ranging from teachers and paraprofessionals to school health care workers and higher education faculty.

The United Farm Workers also quickly switched its support from Biden to Harris on Sunday afternoon. The union said it “could not be prouder to endorse her for President of the United States,” in a written statement, citing her support of farm workers during her time as an attorney general and senator in California.

SEIU, AFT and UFW all endorsed Biden for president in 2020 and this year prior to his withdrawal from the race.

The International Brotherhood of Teamsters has not endorsed in the presidential race, but invited Harris to a roundtable with rank-and-file members. Teamsters President Sean O’Brien addressed the Republican National Convention last week. The union endorsed Biden in 2020 but had not voiced its support for his reelection this year.
Notably, the UAW has not announced an endorsement for Harris. Biden walked the picket line in Michigan during the historic autoworker protests last September. The UAW thanked Biden for his service in a statement Sunday.

GET THE MORNING HEADLINES.

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Democratic delegates face big decisions on a presidential nominee https://www.criminaljusticepartners.com/2024/07/21/democratic-delegates-face-big-decisions-on-a-presidential-nominee/ https://www.criminaljusticepartners.com/2024/07/21/democratic-delegates-face-big-decisions-on-a-presidential-nominee/#respond Mon, 22 Jul 2024 01:11:02 +0000 https://www.criminaljusticepartners.com/?p=20177

DNC Chairman Jaime Harrison is joined by business and political leaders during a lakeside event held to announce that Chicago was chosen to host the 2024 Democratic National Convention on April 12, 2023 in Chicago, Illinois. Chicago last hosted the convention in 1996. (Photo by Scott Olson/Getty Images)

WASHINGTON — Democratic National Convention delegates from across the country praised President Joe Biden’s decision Sunday to end his reelection bid, and a few state party leaders followed Biden’s endorsement and immediately threw their support to Vice President Kamala Harris.

Delegates are scheduled to hold a virtual roll call vote early next month to officially select the party’s pick to face Republican Donald Trump in November, with the nominee to accept the nod at the party’s convention on August 22.

Until recently, that candidate was presumed to be Biden, but a poor debate performance on June 27 presaged a weeks-long pressure campaign from Democratic leaders to drop out of the race. Biden heeded those calls Sunday.

Biden endorsed Harris shortly after saying midafternoon Sunday he would not seek reelection. A handful of state delegations were ready Sunday afternoon to shift their support to Harris, though Democratic officials in many more states had not made any statements about whom they’d support at next month’s Democratic National Convention.

DNC Chair Jaime Harrison said in a statement Sunday that in “the coming days, the Party will undertake a transparent and orderly process to move forward as a united Democratic Party with a candidate who can defeat Donald Trump in November.”

“This process will be governed by established rules and procedures of the Party,” he said. “Our delegates are prepared to take seriously their responsibility in swiftly delivering a candidate to the American people.”

Harrison did not include details about how the party would formally nominate a presidential candidate.

Harris gains support

Reaction among state Democratic party officials on Sunday was near universal in praising Biden for his accomplishments as president and decision to leave the race.

Delegates in several states have already thrown their support behind Harris.

“We will be supporting Kamala Harris,” Alabama Democratic Party Chair Randy Kelley said, according to the Alabama Reflector.

In Colorado, several delegates and elected officials, some of whom would have a vote after the first round of balloting at the Democratic National Convention, said they would back Harris.

One delegate in Colorado, state Rep. Leslie Herod of Denver, was a co-chair for Harris’ 2020 presidential campaign in Colorado.

Herod told Colorado Newsline that she would be supporting Harris’ campaign and that the vice president “is committed to not only our country, but the people in it … She’s not an isolated leader. She is one that leads with the people and alongside of them.”

Randal Gaines, chairman of the Louisiana Democratic Party, told the Louisiana Illuminator that the state delegation will support Harris’ nomination and that she will “energize our core voters to an unprecedented level.”

Tennessee delegates reached Sunday by the Tennessee Lookout indicated they were inclined to support Harris.

“I’m extremely pleased he has endorsed Kamala Harris and it would be awfully difficult to not strongly support her,” said Chip Forrester, an at-large delegate from Tennessee.

All the congressional Democrats from Wisconsin, a key battleground state in November’s election, quickly endorsed Harris, the Wisconsin Examiner reported. The state’s Democratic Gov. Tony Evers and party Chair Ben Wikler both stopped short of endorsing the vice president.

One national delegate reached by the Oregon Capital Chronicle, Medford City Councilor Kevin Stine, said he would vote for Harris.

Indiana state Sen. Karen Tallian said she would support Harris, even as others among the Hoosier State’s 88 DNC delegates declined to comment Sunday.

Holding out on endorsements

But far from all Democratic delegates have lined up behind Harris.

South Dakota delegates have not taken a position on endorsing Harris. Instead, they are waiting for guidance from the national party, the executive director of the South Dakota Democratic Party, Dan Ahlers, said to South Dakota Searchlight.?

Delegates in North Dakota praised Biden’s decision, according to the North Dakota Monitor. Jamie Selzler, a DNC national committee member from North Dakota, said the process to choose a replacement should be transparent.

Iowa Democratic Party Chair Rita Hart said Sunday that Democrats would “unite behind a candidate who will defeat Donald Trump this November.”

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President Joe Biden bows out of reelection campaign, Harris vows to win nomination https://www.criminaljusticepartners.com/2024/07/21/breaking-president-joe-biden-bows-out-of-reelection-campaign/ https://www.criminaljusticepartners.com/2024/07/21/breaking-president-joe-biden-bows-out-of-reelection-campaign/#respond Sun, 21 Jul 2024 18:35:20 +0000 https://www.criminaljusticepartners.com/?p=20162

U.S. President Joe Biden departs the White House on July 15, 2024 in Washington, DC. Biden was traveling to Las Vegas, Nevada to deliver remarks at the NAACP National Convention and the UnidosUS Annual Conference. (Photo by Kevin Dietsch/Getty Images)

WASHINGTON — President Joe Biden dropped out of the 2024 presidential race Sunday, he said in a letter posted to social media, creating an unprecedented vacancy atop the Democratic ticket one month before he was scheduled to officially accept his party’s nomination.

In a followup post less than 30 minutes later, Biden endorsed Vice President Kamala Harris to take his place as the Democratic nominee.

Biden’s withdrawal came after a weeks-long pressure campaign from party insiders following a disastrous June 27 debate performance against GOP candidate former President Donald Trump.

The move throws an already-unusual presidential race into further chaos, and it was not immediately clear Sunday how Democrats would choose a replacement for Biden in November’s election, though Harris would have a strong claim to lead the ticket.

In a written statement, Democratic National Committee Chair Jaime Harrison said the party in picking a new nominee would proceed under “established rules and procedures.”

“The work that we must do now, while unprecedented, is clear,” Harrison wrote. “In the coming days, the Party will undertake a transparent and orderly process to move forward as a united Democratic Party with a candidate who can defeat Donald Trump in November. This process will be governed by established rules and procedures of the Party. Our delegates are prepared to take seriously their responsibility in swiftly delivering a candidate to the American people.”

In his letter, Biden praised Harris as “an extraordinary partner” in the administration’s accomplishments.

Biden, who has been fighting a COVID-19 infection at home in Delaware since last week, was not specific about his reasons for stepping aside, but said he believed it was in the country’s best interest.

“It has been the great honor of my life to serve as your President,” he wrote in the one-page letter. “And while it has been my intention to seek reelection, I believe it is in the best interest of my party and the country for me to stand down and to focus solely on fulfilling my duties as President for the remainder of my term.”

Biden, 81, appeared frail and confused at several points throughout the debate, leading to worries among elected Democrats and the party’s voters that he was no longer up to the task of governing or contesting Trump’s bid to win back the White House.

As several congressional Democrats called for him to quit the race, others asked that he ramp up his public schedule and include more unrehearsed appearances that could demonstrate his fitness.

But a more robust schedule of news interviews, press conferences and campaign rallies did not sufficiently quiet the Democratic voices saying Biden’s candidacy was likely to throw the presidential race to Trump –?whom Biden and others have described as an existential threat to U.S. democracy –?and deeply handicap Democrats in other races up and down November’s ballot.

On Friday, Sens. Sherrod Brown of Ohio and Martin Heinrich of New Mexico brought the number of senators calling on Biden to drop out to four. A day earlier, Montana Sen. Jon Tester said Biden should drop his reelection campaign and that Democrats should hold an open nomination process at their Chicago convention next month.

In the U.S. House, 29 Democrats had called for Biden to withdraw from the race by the end of the day July 19.

In a post following the announcement to his social media site, Truth Social, Trump said Biden was “never” fit to serve as president.

“Crooked Joe Biden was not fit to run for President, and is certainly not fit to serve – And never was!” Trump wrote. “He only attained the position of President by lies, Fake News, and not leaving his Basement. All those around him, including his Doctor and the Media, knew that he wasn’t capable of being President, and he wasn’t – And now, look what he’s done to our Country.”

More details of announcement

In the letter, Biden praised his administration’s accomplishments over three-and-a-half years, saying he’d worked to make “historic investments” in the country, lowered prescription drug costs, nominated the first Black woman to the U.S. Supreme Court and “passed the most significant climate legislation in the history of the world.”

“Together we overcame a once in a century pandemic and the worst economic crisis since the Great Depression,” Biden wrote. “We’ve protected and preserved our Democracy. And we’ve revitalized and strengthened our alliances around the world.”

Biden said he would “speak to the Nation later this week” about the decision.

He praised Harris and other supporters.

“For now, let me express my deepest gratitude to all those who have worked so hard to see me reelected,” he wrote. “I want to thank Vice President Kamala Harris for being an extraordinary partner in all this work. And let me express my heartfelt appreciation to the American people for the faith and trust you have placed in me.”

In follow-up posts, Biden said he was endorsing Harris and added a fundraising link.

“My very first decision as the party nominee in 2020 was to pick Kamala Harris as my Vice President,” he said. “And it’s been the best decision I’ve made. Today I want to offer my full support and endorsement for Kamala to be the nominee of our party this year. Democrats — it’s time to come together and beat Trump. Let’s do this.”

Trump gains in polls

The about face in what was to be a 2020 presidential election rematch leaves Democrats searching for a new candidate as Trump, who promises authoritarian-style leadership, has gained support in recent polls.

With just 107 days until Election Day, Biden’s move marks the latest date in modern presidential history that a candidate has withdrawn from the race.

President Lyndon Johnson announced in March 1968 that he would not seek reelection that year, leaving Democratic delegates to decide on a replacement — ultimately Vice President Hubert Humphrey — at the party’s convention that summer in Chicago.

Harris appears to be in a strong position to replace Biden as the party’s standard bearer, though questions remain about how the process will play out and who would become the vice presidential nominee.

Democrats praise decision

Reaction poured in shortly after the Sunday afternoon announcement, with Democrats largely praising Biden’s record and calling his decision courageous.

Senate Majority Leader Chuck Schumer said in a statement that he understood Biden’s decision to step out of the race was “not easy, but he once again put his country, his party, and our future first.”

“Joe Biden has not only been a great president and a great legislative leader but he is a truly amazing human being,” the New York Democrat said.

Several Republicans called for Biden to resign his office.

“If Joe Biden is not fit to run for President, he is not fit to serve as President,” House Speaker Mike Johnson wrote on X. “He must resign the office immediately. November 5 cannot arrive soon enough.”

A crescendoing chorus to step down

Biden faced calls for him to abandon his reelection bid from congressional Democrats, even as he tried to stabilize the debate aftershock by holding a series of campaign rallies, sitting down for interviews and holding a press conference at the annual NATO conference.

Democratic lawmakers largely presented a public front of support for Biden in statements and passing interviews in the U.S. Capitol hallways with reporters.

What began as a trickle of dissent from rank-and-file Democrats — beginning with Rep. Lloyd Doggett of Texas and a handful of doubtful senior House Democrats — steadily grew to a torrent by Friday.

50-year career in Washington

Biden’s exit marks the closure of a long, storied career in Washington, including 38 years in the U.S. Senate, featuring stints leading the Foreign Affairs and Judiciary committees, and eight years as vice president under President Barack Obama.

Biden’s presidency was punctuated with major economic wins for Democrats, beginning with nearly $2 trillion to combat the fallout from the COVID-19 pandemic.

His leadership with a Democratic majority in Congress resulted in substantial nationwide infrastructure investments, drove financial incentives to tackle climate change and revive the U.S. global role in semiconductor manufacturing, and strengthened flagging tax enforcement.

However, low approval ratings followed Biden throughout his presidency as Americans aimed their frustrations over inflation at the White House and assigned blame for record numbers of border crossings as a divided Congress –?after Democrats lost their House majority in the 2022 midterms – failed to pass immigration restrictions negotiated with the administration.

Biden’s handling of the Israel-Hamas war also hurt his support among young and progressive voters as Israel’s continued offensive against Hamas militants in the Palestinian territory of the Gaza Strip killed tens of thousands of civilians. Protesters against the U.S. supply of weapons to Israel interrupted dozens of Biden’s reelection campaign events through 2024.

Ariana Figueroa contributed to this report.

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Kentucky’s Rep. McGarvey joins calls for new nominee as Biden camp vows to stay the course https://www.criminaljusticepartners.com/2024/07/19/kentuckys-rep-mcgarvey-joins-calls-for-new-nominee-as-biden-camp-vows-to-stay-the-course/ https://www.criminaljusticepartners.com/2024/07/19/kentuckys-rep-mcgarvey-joins-calls-for-new-nominee-as-biden-camp-vows-to-stay-the-course/#respond Fri, 19 Jul 2024 21:05:04 +0000 https://www.criminaljusticepartners.com/?p=20114

U.S. Rep. Morgan McGarvey (Kentucky Lantern photo by Arden Barnes)

WASHINGTON — Kentucky’s lone Democrat in the U.S. Congress joined nine of his Democratic colleagues Friday in calling on President Joe Biden to drop his reelection bid, the most in a single day since a poor debate performance shook confidence in his ability to win November’s election.

U.S. Rep. Morgan McGarvey, D-Louisville, said Democrats need a nominee who can “defeat Donald Trump, flip the House, and protect the Senate.”

In a statement shared on social media, the first-term congressman said “critical issues at stake” include the future of the U.S. Supreme Court, health care, climate change and “a woman’s right to choose.”?

Increasing the pressure on Biden to withdraw from the race, the 10 Democrats on Friday — the day after former President Donald Trump officially accepted his party’s nomination at the Republican National Convention in Milwaukee — brought the total to 31.

In his statement, McGarvey, who represents Kentucky’s 3rd Congressional District, praised Biden as “an incredibly effective and empathetic leader” and highlighted his leadership, particularly on the economy and infrastructure.

“There has never been any doubt that he genuinely cares about our country, our government, and the people who make it great,” McGarvey said. “That’s why there is no joy in the recognition (Biden) should not be our nominee in November. But the stakes of this election are too high and we can’t risk the focus of the campaign being anything other than Donald Trump, his MAGA extremists, and the mega-wealthy dark money donors who are prepared to destroy our path toward a more perfect union with Trump’s Project 2025. We can’t allow them to succeed.”?

“President Biden is a good man who cares deeply about the American people,” McGarvey said. “I trust that he will do what’s best for the nation, and we will come together as Democrats to move the country forward.”?

While no member of congressional Democratic leadership has publicly called for Biden to step down, several top Democrats who were either involved with handling Trump’s impeachment trials or with investigations into the Jan. 6, 2021, insurrection at the U.S. Capitol have raised their concerns, citing the former president’s threat to democracy.

California Rep. Adam Schiff, who was the lead impeachment manager in Trump’s first impeachment trial, called on Biden to drop out, saying in a statement that he had “serious concerns” about the president’s ability to win a second term.

And Maryland Rep. Jamie Raskin, who was a member of the House Select Committee to Investigate the Jan. 6 Attack on the U.S. Capitol, stopped short of explicitly calling on Biden to step down, but urged the president to reconsider whether he should remain in the presidential race.

Biden remained at home in Delaware with no public events scheduled after testing positive for COVID-19 on Wednesday evening.

In an interview on MSNBC’s “Morning Joe” early Friday, Biden campaign co-chair Jen O’Malley Dillon said the president remained “absolutely” in the race, even as a growing number of Democrats voiced unease about his ability to defeat Trump.

President Joe Biden speaks at the 115th NAACP National Convention at the Mandalay Bay Convention Center on July 16, 2024 in Las Vegas, Nevada. It was Biden’s last event before he left the campaign trail due to testing positive for COVID-19. (Photo by Mario Tama/Getty Images)

“Absolutely the president is in this race, you’ve heard him say that time and time again,” she said. “He is the best person to take on Donald Trump.”

But reports also surfaced Friday that Vice President Kamala Harris, a potential replacement for Biden if he takes the unprecedented step of withdrawing from a race less than four months from Election Day, was scheduled to speak by phone with top Democratic donors in the afternoon.

Harris did not respond to reporters’ questions at an appearance at a Washington ice cream shop Friday, according to a pool report.

And 10 more congressional Democrats, including more senior members than had previously broken ranks with the president, said Friday that Biden should step aside.

U.S. Rep. Sean Casten of Illinois wrote an op-ed in the Chicago Tribune.

Reps. Jared Huffman of California, Marc Veasey of Texas, Jesús “Chuy” Garcia of Illinois and Mark Pocan of Wisconsin wrote a joint open letter to Biden that they posted on social media.

The quartet represents important constituencies in the House Democratic Caucus.

Veasey is the first member of the influential Congressional Black Caucus, which has been among Biden’s staunchest Democratic backers, to join the call for him to step down. He is also a member of the moderate New Democrat Coalition.

Pocan is the co-chair of the Congressional LGBT Equality Caucus and a former chair of the Congressional Progressive Caucus.

Garcia is a member of the Congressional Hispanic Caucus.

U.S. Sen. Martin Heinrich of New Mexico and Reps. Greg Landsman of Ohio, Zoe Lofgren of California also released their own statements. Betty McCollum of Minnesota told the Star Tribune newspaper she wanted Biden step aside and allow Harris to lead the ticket with Minnesota Gov. Tim Walz as her running mate.

The calls came a day after Sen. Jon Tester, in a difficult reelection race in Montana, said in a statement to the Daily Montanan that Biden should withdraw.

Rep. Seth Moulton of Massachusetts, who was one of few Democrats who called on Biden to step down two weeks ago, expanded on his view in an op-ed Friday.

Moulton wrote in the Boston Globe that when he went on a June trip to Normandy to commemorate the 80th anniversary of D-Day, the president didn’t recognize him, despite their decade-long relationship.

“Of course, that can happen as anyone ages, but as I watched the disastrous debate a few weeks ago, I have to admit that what I saw in Normandy was part of a deeper problem,” Moulton wrote. “It was a crushing realization, and not because a person I care about had a rough night but because everything is riding on Biden’s ability to beat Donald Trump in November.”

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Biden at NATO press conference rebuts doubters: ‘I’m the best qualified to govern’? https://www.criminaljusticepartners.com/2024/07/11/biden-at-nato-press-conference-rebuts-doubters-im-the-best-qualified-to-govern/ https://www.criminaljusticepartners.com/2024/07/11/biden-at-nato-press-conference-rebuts-doubters-im-the-best-qualified-to-govern/#respond Fri, 12 Jul 2024 01:38:31 +0000 https://www.criminaljusticepartners.com/?p=19817

President Joe Biden holds a news conference at the 2024 NATO Summit on July 11, 2024 in Washington, D.C. NATO leaders convened in Washington this week for the annual summit to discuss future strategies and commitments and mark the 75th anniversary of the alliance’s founding. (Photo by Kevin Dietsch/Getty Images)

WASHINGTON — President Joe Biden dug in on his 2024 reelection bid Thursday at a solo press conference following the NATO summit in Washington, despite a growing list of rank-and-file Democrats and high-profile supporters urging him to abandon his campaign over suspected health concerns.

The highly anticipated press conference followed weeks of speculation about Biden’s ability to hold office and whether he should remain in the 2024 presidential election against former President Donald Trump. His performance, while markedly stronger than his devastating debate performance, still included a notable gaffe and could leave questions open.

In response to the first question, about if Vice President Kamala Harris would be an able candidate against Trump, Biden mixed up their names.

“I wouldn’t have picked Vice President Trump to be vice president if I didn’t think she was not qualified to be president,” he said.

Biden fielded a wide range of questions from reporters from both the U.S. and overseas for just less than an hour. The meeting with the press came exactly two weeks after the June 27 debate, during which Biden stumbled repeatedly, spoke in a hoarse voice and appeared unable to finish some sentences.

Biden and the White House have repeatedly attributed the debate as a “bad night” and pointed to clean results from his last three annual physical examinations.

Asked directly about congressional Democrats’ unease about his candidacy, Biden said he had made a final decision to remain in the race, but was working to show doubters he was up to the task and responding to criticism that he could not handle impromptu questioning.

“I’m determined on running,” he said. “But I think it’s important that I allay fears by seeing — let them see me out there.”

Not stepping aside

He added that delegates pledged to him through the Democratic nominating process should be free to vote their conscience, but that no one had a better alternative to his candidacy against Trump, the presumed Republican candidate.

“I believe I’m the best qualified to govern and I think I’m the best qualified to win,” Biden said. “But there are other people who could beat Trump, too, but it’s awful hard to start from scratch.”

Asked if he would step aside if his polling data showed Harris could beat Trump, Biden said he would not, unless it also showed he could not win.

“No one’s saying that,” he added in a whisper. “No poll says that.”

Harris is seen as the likeliest replacement for Biden if he were to leave the race.

A trickle of congressional Democrats calling for him to leave the race since July 2 turned to a stream this week — with some reports indicating a poor performance Thursday night could give way to a flood.

Former House Speaker Nancy Pelosi, a decades-long friend of Biden’s, urged colleagues in an MSNBC interview Wednesday to “let (Biden) deal with this NATO conference, this is a very big deal.”

At the time Biden began his Thursday press conference, 14 Democrats in Congress had explicitly called for him to leave the race, with others suggesting it.

Shortly after the press conference concluded, two more, Connecticut’s Jim Himes and California’s Scott Peters, called on Biden to step aside.

Biden should “make room for a new generation of leaders,” Himes, the ranking Democrat on the House Intelligence Committee, wrote in a statement posted to X.

Peters’ statement was provided to Politico.

Emphasis on foreign policy

Biden, who has rarely held press conferences, consulted a list of reporters and took questions that ranged from his fitness to serve as president to his handling of the Israel-Hamas war.

He lauded his accomplishments in office and said his job performance showed he was still up for the job.

“If I slow down, I can’t get the job done, that’s a sign that I shouldn’t be doing it,” he said. “But there’s no indication of that yet. None.”

Biden — a former chair of the Senate Foreign Relations Committee —?appeared more comfortable on foreign policy questions than he was discussing his political future, providing in-depth answers on the Israel-Hamas war, China’s growing influence on the world stage and Ukraine’s war with Russia.

Trump mocks Biden

While Biden’s voice and grasp on the issues appeared stronger than he was at the debate, he still made several speaking mistakes, including the confusion between his vice president and Trump.

Trump mocked the mix-up on his social media platform Truth Social with a post saying “Great job, Joe!”

Later, Biden said Harris was qualified to be president and that is why he picked her as a running mate. His comments were worthy of attention given Harris would likely become the nominee if Biden were to step down.

Biden attacks Trump on NATO

Biden declared the summit a “great success” and underlined the U.S. commitment to the alliance and to Ukraine’s war against Russia.

“For those who thought NATO’s time had passed, they got a rude awakening when Putin invaded Ukraine. Some of the oldest and deepest fears in Europe roared back to life because once again a murderous madman was on the march. This time, no one cowered in appeasement, especially the United States,” Biden said.

Prior to taking questions, he attacked Trump’s record of disparaging NATO and its foundational commitment to defend fellow member nations. The former president has threatened to withdraw from NATO and accused allies of shortchanging the organization’s defense coffers.

“A strong NATO is essential to American security, and I believe the obligation of Article Five is sacred. And I remind all Americans, Article Five was invoked only once in NATO’s long history, and that was to defend America after 9/11,” Biden said.

The three-day summit largely centered on Russia’s ongoing bombardment and occupation of parts of Ukraine. World leaders promised a path for Ukraine to join the alliance, and the event culminated with the U.S. joining two dozen allies in signing the Ukraine Compact to “(a)ffirm that the security of Ukraine is integral to the security of the Euro-Atlantic region and beyond.”

Biden sat down with Ukraine President Volodymyr Zelenskyy earlier Thursday to underscore military assistance including “working with our NATO allies to ensure Ukraine is flying F-16s this summer.”

Zelenskyy thanked Biden for his “support and personal statement” following Russia’s strike on a children’s hospital in Kyiv Monday. Biden shook his head and responded the attack was “sick.”

Another flub

Between his meeting with Zelenskyy and the press conference, Biden introduced the Ukrainian president at a separate event to sign the compact, but mistakenly called him President Putin —?the Russian leader at war with Zelenskyy’s country —?before correcting himself.

When asked about the blunder, Biden acknowledged that he made the mistake but said that he corrected it immediately.

“I thought it was the most successful conference I’ve attended in a long time and find me a world leader who didn’t think it was,” he replied.

Biden did not stumble earlier in the week when he delivered remarks at NATO’s 75th anniversary event; rather, his voice remained steady and firm as he opened the ceremony for leaders from the 32 member nations.

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Biden camp works to stem growing Democratic unease over reelection prospects https://www.criminaljusticepartners.com/2024/07/11/biden-camp-works-to-stem-growing-democratic-unease-over-reelection-prospects/ https://www.criminaljusticepartners.com/2024/07/11/biden-camp-works-to-stem-growing-democratic-unease-over-reelection-prospects/#respond Thu, 11 Jul 2024 16:51:07 +0000 https://www.criminaljusticepartners.com/?p=19778

President Joe Biden delivers remarks on former U.S. President Donald Trump’s guilty verdict in his hush-money trial before speaking on the Middle East at the White House on May 31, 2024 in Washington, D.C. (Photo by Chip Somodevilla/Getty Images)

President Joe Biden faced perhaps the most consequential day yet for his ailing reelection campaign Thursday, with a press conference at the NATO annual meeting scheduled for late afternoon, as private talks among Democrats on Capitol Hill about his fitness for office extended and calls for him to withdraw from the race spread.

Biden’s solo press conference is his first since a disastrous June 27 debate performance shook his party’s confidence in his chances to defeat former President Donald Trump in November’s election.

Elected Democrats have urged Biden to hold more unscripted events to show his frail and sometimes incoherent showing at the debate was an isolated incident.

Biden has argued that the concerns voiced since the debate have come from party “elites.”

But a?Washington Post-ABC News-Ipsos poll?published Wednesday night showed he had much deeper problems with Democratic voters. By a 42%-26% margin, Democratic respondents said Biden should step aside rather than continue his campaign.

The same survey showed 77% of Democrats would be satisfied with Vice President Kamala Harris taking over at the top of the ticket, though a majority of all respondents, 53%, said they would be unsatisfied.

Defections on the Hill

Top Biden campaign surrogates will meet with Senate Democrats Thursday, hoping to quell their anxiety.

House Democratic Leader Hakeem Jeffries of New York will speak to reporters around midday Thursday. Jeffries pledged to relay the concerns of some of his members directly to Biden, according?to reports.

Eleven Democratic members of Congress, including Michigan Rep.?Hillary Scholten on Thursday, have publicly called for Biden to leave the race and allow a Democrat with a better chance of defeating Trump to lead the ticket.

Wednesday’s defections, like the others that have trickled out for nearly two weeks since Texas Rep. Lloyd Doggett?made the first public call?July 2, came from various corners of the party without a discernible ideological, geographic or electoral pattern.

In that single day, they were: Rep. Pat Ryan, a youthful moderate in a hypercompetitive reelection race in a New York swing district; progressive?Rep. Earl Blumenauer, an Oregon Democrat from a deep-blue district who is retiring at year’s end after nearly three decades in the chamber; and Sen. Peter Welch of Vermont, the first member of the Senate -— Biden’s professional home for 38 years — to call for the president to withdraw.

Three more moderate House Democrats, Brad Schneider of Illinois, Ed Case of Hawaii and Greg Stanton of Arizona, called for Biden to step aside Thursday afternoon.

Biden also lost the support of a major Democratic campaign contributor, movie star George Clooney, who just last month hosted a massive fundraiser for the reelection effort. But Clooney wrote in a New York Times?op-ed Wednesday?that Biden’s appearance at that event more closely resembled the struggling debater than the successful candidate of 2020.

The calls to step aside have generally focused on the danger Democrats believe Trump poses. The former president, deeply unpopular in his own right, will be the first convicted felon to be a major party’s nominee, has voiced plans to take an authoritarian approach in his second presidency and is accused of leading a violent effort to overturn his election loss in 2020.

“This is not just about extending (Biden’s) presidency but protecting democracy,” Blumenauer wrote.

Top Democrats in Congress have not publicly broken with the president but have sometimes given less-than-full endorsements.

Early Wednesday, former House Speaker Nancy Pelosi of California, a revered leader among Democrats in Washington, appeared to leave space for Biden to exit the race, saying in an MSNBC interview that Biden must “make a decision” about staying in the race — despite consistent messages from the president that he has, in fact, decided to continue.

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Biden tells congressional Dems he is staying in the race, urges end to speculation https://www.criminaljusticepartners.com/2024/07/08/biden-tells-congressional-dems-he-is-staying-in-the-race-urges-end-to-speculation/ https://www.criminaljusticepartners.com/2024/07/08/biden-tells-congressional-dems-he-is-staying-in-the-race-urges-end-to-speculation/#respond Mon, 08 Jul 2024 17:09:00 +0000 https://www.criminaljusticepartners.com/?p=19657

President Joe Biden and first lady Jill Biden return to the White House on July 7, 2024 in Washington, D.C. Members of Congress return to Washington this week as pressure for Biden to withdraw as the Democratic nominee for the presidency continues to mount. (Photo by Kevin Dietsch/Getty Images)

President Joe Biden pledged Monday to stay in his race for reelection, even after a weekend in which a growing number of Democrats asked for him to withdraw and a key U.S. House Republican called for an investigation into the president’s doctor.

In a letter to congressional Democrats, Biden argued that the calls for him to drop out of the presidential race — with just 119 days until Election Day — ignored the results of Democratic primaries and caucuses that he handily won and said he remained the best candidate to defeat former President Donald Trump.

The two-page letter ended with a call for party unity and an end to the public back-and-forth among Democrats over whether Biden should leave the race, after a June 27 debate performance that shook some high-ranking Democrats’ confidence in his ability to overcome his polling deficit against Trump.

“The question of how to move forward has been well-aired for over a week now,” Biden wrote. “And it’s time for it to end. We have one job. And that is to beat Donald Trump.”

Comer seeks interview with Biden doctor

House Oversight Committee Chair James Comer of Kentucky wants to investigate the White House physician. (Getty Images)

Congress returns Monday from a weeklong July Fourth recess after several days in which members of both parties continued to press the issue of Biden’s fitness for office.

Republicans also began pressing for more details. House Oversight and Accountability Chair James Comer on Sunday called for Biden’s physician, Dr. Kevin O’Connor, to submit to a transcribed interview about his assessments of Biden and O’Connor’s business dealings with James Biden, the president’s brother.

The Kentucky Republican said Biden and the White House had sent mixed messages about recent medical examinations of the president.

White House press secretary Karine Jean-Pierre told reporters last week that Biden had not been examined by a doctor since his regular checkup in February.

But Biden told a group of Democratic governors the same day that he was “checked out by a doctor” following the debate, Comer wrote.

Following the debate, Biden, attempting to explain a low, raspy voice, said he’d had a cold.

Comer also questioned if O’Connor could accurately report Biden’s health, or if he was compromised by a conflict of interest because of his involvement with James Biden’s rural health care company, Americore. James Biden has testified to the committee that he sought O’Connor’s counsel for the business.

The White House did not respond to a message seeking comment about Comer’s request.

More Democrats call for withdrawal

The holiday weekend also saw more U.S. House Democrats join a list of those asking Biden to step aside rather than seek reelection.

In a written statement on Saturday, Minnesota’s Angie Craig became the first member from a competitive district to call on the president to quit the race. Craig is the fifth member to publicly call for the president’s withdrawal.

Additional members are making private calls, according to media reports.

Four Democrats who lead House committees — Jerry Nadler of New York on the Judiciary Committee, Adam Smith of Washington on the Armed Services Committee, Mark Takano of California on the Veterans’ Affairs Committee and Joe Morelle of New York on the House Administration Committee — said during a caucus leadership call on Sunday that Biden should withdraw, according to reports.

Other accounts reported more members on the call, including Susan Wild of Pennsylvania and Jim Himes of Connecticut, also opposed Biden’s continued candidacy. Wild later told the Pennsylvania Capital-Star she expressed concerns about Biden’s electability.

In an impromptu call in to the MSNBC show “Morning Joe” on Monday, Biden insisted again he was staying in the race and called for any opponents he had to “challenge” him at the party’s convention in Chicago next month.

Biden, who has secured enough pledged delegates through primary and caucus wins to clinch the nomination, would be heavily favored in a contested convention. Democratic Party rules mandate pledged delegates “shall in all good conscience reflect the sentiments of those who elected them,” but are not legally required to cast their convention vote for their pledged candidate.

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‘No kings in America’: Biden slams U.S. Supreme Court ruling granting Trump immunity https://www.criminaljusticepartners.com/2024/07/01/no-kings-in-america-biden-slams-u-s-supreme-court-ruling-granting-trump-immunity/ https://www.criminaljusticepartners.com/2024/07/01/no-kings-in-america-biden-slams-u-s-supreme-court-ruling-granting-trump-immunity/#respond Tue, 02 Jul 2024 01:03:13 +0000 https://www.criminaljusticepartners.com/?p=19491

President Joe Biden delivers remarks at the White House on July 1, 2024, following the Supreme Court’s ruling on charges against former President Donald Trump that he sought to subvert the 2020 election. The highest court ruled 6-3 that presidents have some level of immunity from prosecution when operating within their “constitutional authority,” but do not have absolute immunity. (Photo by Andrew Harnik/Getty Images)

Monday’s U.S. Supreme Court decision granting the presumption of criminal immunity for official actions taken by a president fundamentally altered U.S. democracy, President Joe Biden said from the White House Monday evening.

Speaking for less than five minutes, Biden said the 6-3 decision contradicted the spirit of the country’s founding — set to be celebrated nationwide this week on the Fourth of July — that no one is above the law.

“This nation was founded on the principle that there are no kings in America,” Biden said. “Each of us is equal before the law. No one — no one — is above the law, not even the president of the United States.”

The immunity decision, written by Chief Justice John Roberts for the court’s conservative majority, undermined that principle, Biden said.

Biden added that the decision would almost certainly mean a jury would not decide the criminal case accusing former President Donald Trump of conspiring to illegally overturn his 2020 loss before November’s election, which Biden called a “disservice to the American people.”

Roberts opinion

The ruling tasked a federal trial court with determining which actions then-President Trump took seeking to overturn the 2020 presidential election were conducted as “official” acts of the president. Those actions are entitled to “the presumption of immunity,” Roberts wrote.

The ruling protected the power of an office that itself makes up an entire branch of government, Roberts said, and was consistent with the constitutional framers’ view that the president has broad powers and responsibilities.

“Accounting for that reality — and ensuring that the President may exercise those powers forcefully, as the Framers anticipated he would — does not place him above the law,” Roberts wrote. “It preserves the basic structure of the Constitution.”

But Biden called the decision “a dangerous precedent” that would give presidents nearly unrestrained power.

“The power of the president will no longer be constrained by the law, even by the Supreme Court of the United States,” he said. “The only limits will be self-imposed by the president alone.”

Biden invoked the example of George Washington, who he said restrained the power of the presidency, and pledged he would continue to “respect the limits of the presidential powers.”

But, he said, the ruling empowered future presidents, possibly including Trump, to ignore the law.

Jan. 6 attack

Biden said Trump was responsible for the Jan. 6, 2021, attack on the U.S. Capitol that disrupted the certification of Biden’s defeat of Trump in the 2020 election. Trump’s efforts to undermine the election results, culminating in the Jan. 6 attack, are the subject of the federal indictment the former president challenged by asserting presidential immunity.

“Four years ago, my predecessor sent a violent mob to the U.S. Capitol to stop the peaceful transfer of power,” Biden said. “We all saw with our own eyes. We saw what happened that day … I think it’s fair to say it’s one of the darkest days in U.S. history. Now, the man who sent that mob to the U.S. Capitol is facing potential criminal conviction.”

Biden, whose reelection campaign was still reeling Monday from a debate performance against Trump last week described even by Democrats as poor, called on voters to “do what the court should have been willing to do but would not,” and reject Trump, the presumptive Republican nominee for president, at the ballot box.

The president endorsed Justice Sonia Sotomayor’s forceful dissent in the case, quoting her phrase that the majority opinion fueled “fear for our democracy” and urging voters, too, to dissent.

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Presidential immunity extends to some official acts, Supreme Court rules in Trump case https://www.criminaljusticepartners.com/2024/07/01/presidential-immunity-extends-to-some-official-acts-supreme-court-rules-in-trump-case/ https://www.criminaljusticepartners.com/2024/07/01/presidential-immunity-extends-to-some-official-acts-supreme-court-rules-in-trump-case/#respond Mon, 01 Jul 2024 15:21:30 +0000 https://www.criminaljusticepartners.com/?p=19432

Former U.S President Donald Trump speaks to the media as he leaves court for the day at Manhattan Criminal Court on April 18, 2024 in New York City. (Photo by Brendan McDermid-Pool/Getty Images)

WASHINGTON — U.S. presidents enjoy full immunity from criminal charges for their official “core constitutional” acts, but no immunity for unofficial acts, the Supreme Court ruled Monday, sending former President Donald Trump’s election interference case back to the lower courts.

The justices left open the question of how far the boundaries of such official acts reach, possibly reshaping the contours of the American presidency.

The landmark decision by the court’s conservatives — the last of the Supreme Court term — was met with intense dismay from Democrats and allies, who described it as a setback for democracy that undermined the Constitution by putting the former president above the law.

Former Capitol Police Officer Harry Dunn, who was in the Capitol on Jan. 6, said Trump was responsible for the attack that day. The court’s ruling has empowered the former president, he said.

“Donald Trump is still the single greatest threat to our democracy,” Dunn said on a press call organized by the Biden-Harris campaign. “I don’t need nine Supreme Court justices to tell me that Donald Trump was responsible for Jan. 6. I was there. Those people that attacked us, they attacked us in his name.”

Trump and his allies said the ruling repudiated the prosecutions against him, which he has criticized as politically motivated. “Today’s ruling by the Court is a victory for former President Trump and all future presidents, and another defeat for President Biden’s weaponized Department of Justice and Jack Smith,” U.S. House Speaker Mike Johnson, R-La., said in a statement.

Trump escalated his immunity claim to the nation’s highest bench after two lower courts denied his request for protection from federal criminal charges alleging he schemed to overturn the 2020 presidential results.

A federal indictment in August 2023 alleged Trump knowingly spread falsehoods to his supporters, plotting with co-conspirators to overturn results in seven states and eventually working his base into a frenzy that culminated in a violent attack on the U.S. Capitol on Jan. 6, 2021, the day Congress was to certify electoral votes.

The Supreme Court’s timing of its decision likely closes the door to any chance that Trump’s election subversion case could go to trial before Election Day. The justices took up the case in February but did not hear oral arguments until April 25.

The trial court, under U.S. District Court Judge Tanya Chutkan, must now grapple with whether Trump’s alleged conduct to spread false information about the 2020 election results and conspiring to overturn them qualified as official presidential action.

It is unclear how or whether such proceedings would go forward if Trump, who is already a convicted felon in New York, wins a second term.

‘Sweeping powers and duties’

In the 6-3 opinion, Chief Justice John G. Roberts Jr. wrote that the president is subject to criminal prosecution for unofficial acts, “like everyone else.”

“But unlike anyone else, the President is a branch of government, and the Constitution vests in him sweeping powers and duties,” Roberts wrote. “Accounting for that reality—and ensuring that the President may exercise those powers forcefully, as the Framers anticipated he would—does not place him above the law; it preserves the basic structure of the Constitution.”

In a dissenting opinion, Justice Sonia Sotomayor wrote that the decision fundamentally alters the presidency and mocks the principle that no one is above the law.

The majority relied on “little more than its own misguided wisdom” that presidents need to be able to take decisive and quick action, to give Trump “all the immunity he asked for and more.”

“Because our Constitution does not shield a former President from answering for criminal and treasonous acts, I dissent,” she wrote.

Trump, the Republican Party’s presumptive nominee for the 2024 presidential election, declared the high court’s decision a victory. “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!” he wrote on his Truth Social platform immediately after the opinion’s release.

A top Democrat in Congress, Senate Majority Leader Chuck Schumer of New York, said Monday was a “sad day for our democracy.”

“This disgraceful decision by the MAGA Supreme Court — which is

comprised of three justices appointed by Mr. Trump himself — enables the former President to weaken our democracy by breaking the law,” Schumer said in a statement following the opinion. “This decision undermines the credibility of the Supreme Court, and suggests that political influence trumps all in our courts today.”

DOJ communications immune

Roberts’ majority opinion held that Trump’s conversations with Department of Justice officials regarding the election results are immune to prosecution, but left unanswered questions about other conduct named in the indictment of Trump by Smith, the Department of Justice special counsel.

The indictment accuses Trump of leveraging the power of the Justice Department to pressure states to replace legitimate electors with false ones as a way to clinch the presidency. Trump threatened to fire those who did not cooperate, according to the indictment.

“??Certain allegations—such as those involving Trump’s discussions with the Acting Attorney General—are readily categorized in light of the nature of the President’s official relationship to the office held by that individual,” the opinion reads. “Other allegations—such as those involving Trump’s interactions with the Vice President, state officials, and certain private parties, and his comments to the general public—present more difficult questions.”

Roberts blamed the “expedition of the case” and “the lack of factual analysis by the lower courts” for leaving open what the court described as complex questions.

A federal grand jury indicted Trump on four counts Aug. 1, 2023, but the former president effectively halted all proceedings in October when he moved to dismiss the case based on presidential immunity. The justices, in December, refused a request by Smith to expedite the question of presidential immunity.

While Trump’s communications with the Justice Department are deemed official, the court returns to the lower court the question of whether Trump’s alleged pressure campaign of Vice President Mike Pence leading up to Jan. 6 falls under the president’s scope of constitutional duties.

Trump is “at least presumptively immune from prosecution” for the conversations with his vice president, Roberts wrote.

But the opinion also highlights that the vice president simultaneously serves as the president of the Senate, taking some of his or her duties —?including the certification of election results — outside the executive branch.

“It is ultimately the Government’s burden to rebut the presumption of immunity,” Roberts wrote. “We therefore remand to the District Court to assess in the first instance, with appropriate input from the parties, whether a prosecution involving Trump’s alleged attempts to influence the Vice President’s oversight of the certification proceeding in his capacity as President of the Senate would pose any dangers of intrusion on the authority and functions of the Executive Branch.”

Trump and the fake electors

Whether Trump’s communication with election officials in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin about false slates of electors qualifies as official presidential conduct must also be decided by the lower courts.

The federal indictment alleges Trump worked with co-conspirators in the seven states “to marshal individuals who would have served as [Trump’s] electors, had he won the popular vote” and submit the false outcomes to Pence and Congress.

During oral arguments in April, Trump attorney D. John Sauer asserted that it is “[a]bsolutely an official act for the president to communicate with state officials on . . . the integrity of a federal election.” The government argued the discussions amounted to a “private scheme with private actors.”

On this debate, Roberts, citing the Constitution, wrote in Monday’s opinion that “Of course, the President’s duty to ‘take Care that the Laws be faithfully executed’ plainly encompasses enforcement of federal election laws passed by Congress.”

“And the President’s broad power to speak on matters of public concern does not exclude his public communications regarding the fairness and integrity of federal elections simply because he is running for re-election,” Roberts continued.

The answer to whether those discussions and alleged plans were official or unofficial will require “a close analysis of the indictment’s extensive and interrelated allegations” by the lower court, Roberts concluded.

Similarly, the justices returned to the lower courts any determination of Trump’s tweets, White House Ellipse speech to rallygoers and Rose Garden address to rioters on Jan. 6, 2021, as official or unofficial.

“(M)ost of a President’s public communications are likely to fall comfortably within the outer perimeter of his official responsibilities,” Roberts wrote.

“There may, however, be contexts in which the President, notwithstanding the prominence of his position, speaks in an unofficial capacity—perhaps as a candidate for office or party leader,” he continued.

He urged the trial court to conduct a “factbound analysis” of who was involved in communications leading up to Jan. 6 and “what else was said contemporaneous to the excerpted communications” quoted in the indictment.

‘With fear for our democracy’

In a scathing dissent, Sotomayor, writing for the court’s three-member liberal wing that also includes Justices Elena Kagan and Ketanji Brown Jackson, said the majority opinion “invents an atextual, ahistorical, and unjustifiable immunity that puts the President above the law.”

The court did not need to declare a president’s core constitutional duties —?which were not at issue in the indictment — as immune from prosecution, Sotomayor wrote. Including a discussion of core constitutional duties seemed to expand their definition, she said.

But more important, she said, was the majority’s finding of presumed immunity for all official acts, which greatly expands a president’s power to commit misdeeds with impunity.

“Whether described as presumptive or absolute, under the majority’s rule, a President’s use of any official power for any purpose, even the most corrupt, is immune from prosecution,” Sotomayor wrote. “That is just as bad as it sounds, and it is baseless.”

The majority’s view that prosecutors cannot even use a president’s official acts as evidence in a prosecution of the president for private offenses was “nonsensical,” she added.

The ruling makes the president “immune from criminal prosecution if he used the trappings of his office to violate the criminal law,” Sotomayor said.

“If the occupant of that office misuses official power for personal gain,

the criminal law that the rest of us must abide will not provide a backstop,” she wrote.

“With fear for our democracy, I dissent.”

Jackson dissent

In a separate dissent, Jackson said she fully endorsed Sotomayor’s view, and expanded on the “theoretical nuts and bolts” of what the decision would mean.

“Being immune is not like having a defense under the law,” Jackson wrote. “Rather, it means that the law does not apply to the immunized person in the first place.”

In the majority opinion, Roberts said the dissents overreacted to the ruling.

The dissents “strike a tone of chilling doom that is wholly disproportionate to what the Court actually does today,” Roberts said.

The majority only ruled that Trump’s conversations with Justice Department officials were immune from prosecution and left to lower courts to determine other questions, Roberts wrote.

Barrett argues for narrower immunity

In a concurring opinion, Justice Amy Coney Barrett, the most recent of three justices Trump appointed, agreed with the bulk of the majority’s opinion.

But Barrett argued at least part of the allegations against Trump were valid and said the justices should have explicitly said so, rather than leaving the question to lower courts.

“The Court leaves open the possibility that the Constitution forbids prosecuting the President for any official conduct, instructing the lower courts to address that question in the first instance,” she wrote. “I would have answered it now.”

In particular, the allegations that involve Trump pressuring state officials to appoint alternate slates of electors should not be immune from prosecution, Barrett wrote, citing Trump’s alleged request to Arizona’s House speaker at the time, Rusty Bowers.

“A President has no legal authority—and thus no official capacity—to influence how the States appoint their electors,” Barrett wrote. “I see no plausible argument for barring prosecution of that alleged conduct.”

Court enables Trump’s threat, critics say

Legal scholars and Democratic lawmakers decried the decision as a blow to democracy.

Tom Joscelyn, one of the principal authors of the final report from the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, told States Newsroom Monday the “court is pretending that there’s some ambiguity on what is an official act or not an official act of indictment.”

“The bottom line is the facts are not really in dispute. They’re easy for all Americans to see. We all saw how Trump pressured Vice President Pence to overturn the election. When Pence refused to do Trump’s bidding, Trump sent a mob down to the Capitol to intimidate him and hunt him,” Joscelyn said. “So this is not something where there’s some great mystery here. We all know what happened.”

U.S. Rep. Daniel Goldman, a New York Democrat who was a lead counsel for the U.S. House impeachments of Trump, including the 2021 proceeding related to Trump’s role in the Jan. 6 attack, said Trump has indicated he would use the office to seek retribution if he is returned to the White House.

“It’s not just the biggest threat in a generation,” Goldman said on the Biden campaign call. “It is far and away the greatest threat since the Civil War.”

The Democratic National Committee issued a statement saying President Joe Biden is “(t)he only thing standing between Donald Trump and his threats to our democracy … and the American people will stand once again on the side of democracy this November.”

Victory for ‘all future presidents’

Trump’s allies celebrated the decision.

House Speaker Johnson said in his statement the court “stated that presidents are entitled to immunity for their official acts. This decision is based on the obviously unique power and position of the presidency, and comports with the Constitution and common sense. As President Trump has repeatedly said, the American people, not President Biden’s bureaucrats, will decide the November 5th election.”

The far-right Heritage Foundation, the think tank behind the Project 2025 document to enshrine conservative policies should Trump win in November, also hailed the decision.

“Today, the Supreme Court recognized and breathed life into the important constitutional principle of separation of powers by providing former, current, and future presidents with absolute immunity for official acts that they undertook during their administrations,” John G. Malcolm, one of the foundation’s legal scholars, said in a statement.

“(A)nd also made it clear that the burden falls on the prosecution to demonstrate that any action taken by a former president clearly falls beyond the outer perimeter of his official responsibilities and on the side of being an unofficial act,” he said.

In a rambling post on Truth Social Monday afternoon, Trump again cheered the decision and also repeated claims that the New York state hush money case against him originated with Biden and was backed by Hungarian Jewish philanthropist George Soros — a yearslong trope repeated by the right wing.

“Today’s Historic Decision by the Supreme Court should end all of Crooked Joe Biden’s Witch Hunts against me, including the New York Hoaxes – The Manhattan SCAM cooked up by Soros backed D.A., Alvin Bragg, Racist New York Attorney General Tish James’ shameless ATTACK on the amazing business that I have built, and the FAKE Bergdorf’s ‘case,’” Trump wrote, also referring to the civil case in New York where he was found liable for sexually abusing a writer in a Bergdorf Goodman dressing room.

GOP-led states back Trump

Trump claimed absolute criminal immunity not long after a federal grand jury indicted him on allegations that he schemed to overturn the results of the 2020 presidential election, which he lost to Biden.

DOJ’s Smith officially charged the former president with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of, and attempt to obstruct, an official proceeding; and conspiracy against rights.

The former president argued that his acts were “official,” as they were conducted while he was still in office. He also claimed that the Constitution’s Impeachment Clause shields a president from criminal prosecution unless he or she is first impeached and convicted by Congress.

The claim led to some jaw-dropping moments in which Trump’s lawyer Sauer argued to both an appeals panel and the high court justices that presidents could not be criminally tried for ordering an assassination of a political rival unless they were first impeached by the House and convicted by the Senate, an inherently political process.

The high-profile case attracted numerous friend-of-the-court briefs.

GOP-led states lined up in support of Trump including 18 Republican state attorneys general who signed a brief in March accusing Smith of trying to “inflict maximum damage on President Biden’s political opponent before the November 2024 election.”

The attorneys general included on the brief were from Alabama, Florida, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia.

Prior to the Supreme Court’s decision to take up the case, 26 former GOP officials warned of “terrifying possibilities” if the court accepted Trump’s claim of blanket immunity.

The officials, a mix of former GOP Department of Justice attorneys and lawmakers, wrote: “No Court should create a presidential immunity from federal criminal prosecution, even for official acts, that is so vast that it endangers the peaceful transfer of executive power that our Constitution mandates.”

This story has been updated.

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U.S. Supreme Court flips precedent that empowered federal agencies https://www.criminaljusticepartners.com/2024/06/28/u-s-supreme-court-flips-precedent-that-empowered-federal-agencies/ https://www.criminaljusticepartners.com/2024/06/28/u-s-supreme-court-flips-precedent-that-empowered-federal-agencies/#respond Fri, 28 Jun 2024 15:28:46 +0000 https://www.criminaljusticepartners.com/?p=19294

The U.S. Supreme Court, pictured, issued an order maintaining a block on new Title IX rules while a challenge is heard in an appeals court. (Photo by Jane Norman/States Newsroom)

The U.S. Supreme Court struck down a precedent Friday that had for decades limited judicial power to strike executive branch regulations, in a decision immediately criticized for potentially undermining decisions by scientists and agency experts.

The 6-3 and 6-2 decisions in two cases brought by fishing operators in New Jersey and Rhode Island challenged a National Oceanic and Atmospheric Administration rule and overturned the principle known as Chevron deference.

That precedent gave federal agencies broad discretion to use their judgment to resolve any ambiguity Congress left in a federal statute.

The court’s six conservatives reasoned that courts “routinely confront statutory ambiguities” that have nothing to do with the authority of regulatory agencies, Chief Justice John Roberts wrote in the majority opinion.

“Of course, when faced with a statutory ambiguity in such a case, the ambiguity is not a delegation to anybody, and a court is not somehow relieved of its obligation to independently interpret the statute,” Roberts wrote.

Under the 40-year-old precedent, courts gave up their interpretive role and deferred to agencies, Roberts wrote.

But they shouldn’t, he added. Judges should apply their own legal reasoning to reach a sound decision.

“Courts instead understand that such statutes, no matter how impenetrable, do —? in fact, must — have a single, best meaning.”

1984 ruling overturned

The decision overturned Chevron v. Natural Resources Defense Council, a 1984 Supreme Court ruling that said courts must defer to federal agencies’ expertise when considering legal challenges to a rule. The 1984 ruling significantly raised the bar for overturning an agency rule.

The precedent strengthened the executive branch under presidential administrations of both parties, but experts worry its reversal will strip agencies of the power to enact regulatory safeguards across a broad spectrum of issues including clean air and public health.

In a dissenting opinion, the court’s three liberals — not including Justice Ketanji Brown Jackson in one of the cases, after she recused herself because she’d heard the case as an appeals court judge before joining the Supreme Court — said the majority erred by misunderstanding the roles of three branches of government.

Congress knows it cannot “write perfectly complete regulatory statutes,” Justice Elena Kagan wrote in a dissent. Interpretation of those statutes is a given, and Congress usually prefers a “responsible agency” instead of a court.

Agencies are more politically accountable and have greater technical expertise in a given issue than courts, she wrote.

“Put all that together and deference to the agency is the almost obvious choice,” Kagan wrote.

Kagan went on to criticize the decision as a power grab by the judiciary at the expense of agency experts.

“A rule of judicial humility gives way to a rule of judicial hubris,” she wrote. “In one fell swoop, the majority today gives itself exclusive power over every open issue—no matter how expertise-driven or policy-laden—involving the meaning of regulatory law.”

Liberals see a weakening of safeguards

Liberal groups and elected Democrats worried the reversal will strip agencies of the power to enact strong regulatory safeguards across a broad spectrum of issues, especially climate and environmental regulations.

“It weakens our government’s ability to protect us from the climate crisis, threats to worker safety, public health, clean air and water, safe medicines and food, a sound financial system, and more,” Manish Bapna, president of the environmental group NRDC Action Fund, wrote in a statement.

“Today’s reckless but unsurprising decision from this far-right court is a triumph for corporate polluters that seek to dismantle common-sense regulations protecting clean air, clean water and a livable climate future,” Wenonah Hauter, the executive director of the advocacy group Food & Water Watch, said in a statement.

Rachel Weintraub, the executive director of the Coalition for Sensible Safeguards, a group that advocates for strong federal regulations, said in an interview before the decision was released that Chevron deference has allowed a host of regulations affecting consumer safety, labor, environmental protections and other issues.

“The important role that government plays in ensuring the health and safety of our families and the fairness of our markets could be undermined here,” she said.

The ruling takes power away from the experts on a particular subject of a federal regulation — traffic engineers at the Department of Transportation, disease experts at the Food and Drug Administration or scientists at the Environmental Protection Agency, for example — and gives it to the federal judiciary, Weintraub said.

U.S. Rep. Raúl Grijalva, an Arizona Democrat who is the ranking member on the U.S. House Natural Resources Committee, called the ruling a gift to polluters and the fossil fuel industry.

“For 40 years, Congress has passed laws with the understanding that the interpretation of those laws is for the courts, but the implementation laid in the hands of the scientific and policy career experts at our federal agencies,” Grijalva said in a statement.

“But now, thanks to this extremist power-grab, our most fundamental protections will be at the whim of individual judges — many of whom are far-right ideologues — regardless of their lack of expertise or political agenda.”

Conservatives applaud rollback

Republicans in Congress and conservative activists praised the decision for weakening the administrative state, saying it would return power to the legislative branch.

“The Constitution vests Congress with the sole authority to make law,” Senate Republican Leader Mitch McConnell of Kentucky said in a statement. “After forty years of Chevron deference, the Supreme Court made it clear today that our system of government leaves no room for an unelected bureaucracy to co-opt this authority for itself.”

Rep. Bruce Westerman, an Arkansas Republican who chairs the House Natural Resources Committee, said Friday’s ruling should spur Congress to write more prescriptive laws.

“Congress has sidestepped our legal duties for far too long and today’s ruling puts us back in the driver’s seat when it comes to rulemaking and regulatory authority,” Westerman said in a written statement. “We’re no longer going to let federal agencies fill in the details when it comes to the policies we enact.”

Roman Martinez, an attorney who argued on behalf of the Rhode Island fishing operators, called the ruling a “win for individual liberty and the Constitution.”

“The Court has taken a major step to shut down unlawful power grabs by federal agencies and to preserve the separation of powers,” Martinez said in a statement distributed by the conservative public relations firm CRC Advisors. “Going forward, judges will be charged with interpreting the law faithfully, impartially, and independently, without deference to the government.”

No plans to reopen old cases

In the majority opinion, Roberts said the court did not plan to reopen cases that had been decided by Chevron “despite our change in interpretive methodology.”

Even prior to Friday’s decision, the court had used Chevron less often. During the oral argument, Roberts cited a study that the court had relied on the precedent sparingly over the past 14 years.

The court’s conservative majority has shown a willingness to move away from deference to agency decision-making, demanding more explicit congressional instruction.

In West Virginia v. EPA in 2022, for example, the court ruled that the EPA lacked the authority under the Clean Air Act to regulate greenhouse gas emissions.

Daniel Wolff, an administrative law attorney at the law firm Crowell & Moring, downplayed the effect the ruling would have on the administrative state.

Congress at times explicitly directs agencies to craft regulations, and those rules will still be subject to the same standard that they were written reasonably, Wolff said in an interview prior to the decision.

Rules with solid legal and statutory foundations would survive under either standard, he said.

“Rolling back Chevron is simply going to mean agencies don’t get the benefit of the doubt in the case of a tie,” Wolff said. “They have to come into the court and persuade the court that they have the better reading of the statute.”

Fishing operators

The cases decided Friday was brought by herring fishing operators from New Jersey and Rhode Island who challenged a NOAA rule requiring the operators to pay for the federal monitors who regularly join fishing boats to ensure compliance with federal regulations.

The fishing operators said the rule forced them to hand over up to 20% of their profits.

After a lower court relied on Chevron deference to rule in favor of NOAA, oral arguments at the Supreme Court in January focused almost entirely on Chevron.

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Biden and Trump trade insults, accusations of lying in acrimonious presidential debate https://www.criminaljusticepartners.com/2024/06/27/biden-and-trump-trade-insults-accusations-of-lying-in-acrimonious-presidential-debate/ https://www.criminaljusticepartners.com/2024/06/27/biden-and-trump-trade-insults-accusations-of-lying-in-acrimonious-presidential-debate/#respond Fri, 28 Jun 2024 02:59:11 +0000 https://www.criminaljusticepartners.com/?p=19271

U.S. President Joe Biden, right, and Republican presidential candidate, former U.S. President Donald Trump, participate in the CNN Presidential Debate at the CNN Studios on June 27, 2024 in Atlanta, Georgia. Biden and Trump are facing off in the first presidential debate of the 2024 campaign. (Photo by Justin Sullivan/Getty Images)

President Joe Biden and former President Donald Trump pitched to undecided voters Thursday night during the first debate of the presidential campaign — trading insults over their policy differences, immigration and who represents a threat to democracy.

During the debate from CNN’s headquarters in Atlanta, the two men argued over who would be better for Americans during the next four years on a broad swath of issues, ranging from the economy to climate change to foreign policy. Each repeatedly accused the other of lying.

Biden early in the debate spoke softly at several points, coughed and gave somewhat confusing answers. At one point, Biden appeared to lose his train of thought and ended an answer with the statement that “we finally beat Medicare.”

His performance, filled with stumbles, prompted a torrent of questions after the debate about replacing him with another Democrat.

Reporters swamped high-profile Democrats on hand to help the Biden campaign promote a post-debate message with questions about whether they regretted having Biden as a candidate or whether he should be replaced.

California Gov. Gavin Newsom, a Democrat, in the spin room. (Photo by Ross Williams/Georgia Recorder.

One top-tier potential candidate, California Gov. Gavin Newsom, told reporters he would not consider it.

“I would never turn my back on President Biden,” Newsom said in the post-debate spin room. “I don’t know a Democrat in my party that would do so. And especially after tonight, we have his back. We run not the 90-yard dash. We’re all in. We’re going to double down in the next few months.”

Less than an hour into an uneven performance from Biden, media reports cited unnamed White House sources saying the president had a cold.

During an appearance at an Atlanta Waffle House following the debate, Biden was asked if he was sick and said he had “a sore throat.”

Abortion, Jan. 6, election results

Biden, 81, and Trump, 78, did not shake hands at the beginning, a break from past debates. They walked their separate ways after the 90-minute debate wrapped up, minutes after attacking each other’s mental acuity, golf game and weight.

Biden and Trump disagreed sharply over access to reproductive rights, including abortion, with Trump arguing Democrats’ position is “radical” and Biden saying that leaving decisions up to the states has been “terrible” for women.

President Joe Biden and first lady Jill Biden dropped by a Waffle House in Atlanta to pick up food shortly after midnight. Biden was asked if he was sick and said he had “a sore throat.” (Photo by Jill Nolin/Georgia Recorder)

Near the end of the debate, Trump said political violence was “totally unacceptable,” though he went on to downplay the Jan. 6, 2021, attack on the U.S. Capitol, defending the conduct of his mob of supporters.

Trump initially did not directly answer a question about whether he would accept the results of the election if he lost. When pressed by moderator Dana Bash, Trump conditioned his answer.

“If it’s a fair and legal and good election, absolutely,” Trump said. He then repeated the oft-debunked claims that election fraud was a major issue in his 2020 loss.

Jabs over personal conduct

Even with rules meant to minimize crosstalk, the debate — moderated by Bash, anchor and chief political correspondent, and Jake Tapper, anchor and chief Washington correspondent — saw many moments of acrimony.

While Trump had harsh words about Biden’s border policy and Biden blasted his predecessor for appointing some of the Supreme Court justices who overturned the constitutional right to an abortion, they saved their harshest criticism for the other’s personal conduct.

Referring to reports that, as president, Trump said veterans killed in action in France during World War II were “suckers and losers,” Biden, invoked his son, Beau, who was a National Guard veteran and later died of brain cancer.

“My son was not a loser and was not a sucker,” Biden told his predecessor, scowling. “You’re the sucker. You’re the loser.”

Trump denied he ever made the remark, first reported in The Atlantic and confirmed in other reports.

Biden at several times attacked Trump’s credibility and truthfulness, saying after one answer, “Every single thing he said is a lie.”

“I never heard so much malarkey in my whole life,” he said in response to another of Trump’s answers.

Trump brought up the conviction of Biden’s son, Hunter, on federal gun charges this year. And he said that Joe Biden could face prosecution for his performance on border security.

Trump and his legal team argued in front of the Supreme Court in April that presidents have absolute immunity from criminal prosecution.

Trump’s conviction

Thursday’s event was the first presidential debate where one participant was a convicted felon.

A New York state jury in May found Trump guilty of 34 felony counts for falsifying business records to cover up hush money payments to adult film star Stormy Daniels for an affair she testified they had that Trump didn’t want to harm his 2016 election prospects.

Trump has denied the affair and it hasn’t affected his support within the GOP, though his sentencing July 11 could impact his campaign strategy.

Trump rejected his criminal conviction during the debate and reiterated his stance that he didn’t have a sexual relationship with an adult film star.

“I didn’t have sex with a porn star,” Trump said, marking the first time such words, or anything near them, have been uttered during a presidential debate.

“I did nothing wrong. We have a system that was rigged and disgusting,” Trump said. “I did nothing wrong.”

Trump also responded to the question by referring to Hunter Biden.

“When he talks about a convicted felon, his son is a convicted felon,” Trump said.

Jan. 6 disagreement

The U.S. Supreme Court is expected to release a ruling within days in another trial involving Trump, this time on whether presidents enjoy complete immunity from criminal prosecution for their actions while in office.

The justices’ decision will determine whether a federal trial against Trump for election interference stemming from his actions on Jan. 6, 2021 can proceed.

During the debate, Trump said that “on January 6 we were respected all over the world,” but that changed after Biden took office.

Trump seemed to imply that the people who stormed the Capitol building were “innocent” and “patriotic,” saying that “you ought to be ashamed of yourself” for those people being in prison.

Biden said that Trump encouraged the “folks” who attacked the U.S. Capitol building and U.S. Capitol Police officers.

“If they’re convicted, he says he wants to commute their sentences,” Biden said, criticizing Trump’s behavior that day. “These people should be in jail. They should be the ones held accountable.”

Biden rejected the idea that the people who attacked the police and disrupted the electoral certification were patriots.

Divide on abortion rights

Reproductive rights — including access to abortion — sharply divided Biden and Trump, who sparred over which political party’s stance is better.

Trump said that he agreed with the U.S. Supreme Court’s decision earlier this month to leave access to mifepristone, one of two pharmaceuticals used in medication abortion, in place. And he said he wouldn’t seek to limit access if elected president in November.

“I agree with their decision to have done that, and I will not block it,” Trump said, adding that the Supreme Court’s earlier decision to overturn the constitutional right to an abortion was a good thing.

“We brought it back to the states and the country is now coming together on this issue,” Trump said. “It’s been a great thing.”

Trump said he supports exceptions for rape, incest or the life of the woman.

Biden rejected Trump’s classification that Democrats are “radical” on abortion policy and said he supports reinstating the protections that existed under Roe v. Wade.

“It’s been a terrible thing,” Biden said of leaving decisions about abortion access up to state lawmakers, comparing it to leaving civil rights decisions up to the states.

Trump said during an interview with Time magazine released in April that his campaign was on the brink of releasing a policy regarding mifepristone, one of two pharmaceuticals used in medication abortion. The campaign has yet to release that policy.

Trump suggested that he would be okay with states limiting or barring access to contraception during a May interview with a Pittsburgh TV news station. But he quickly walked back those comments in a social media post.

The Heritage Foundation, a conservative-leaning think tank, has suggested that another Trump administration could block the mailing of mifepristone by enforcing the Comstock Act.

The group included the proposal along with dozens of others in Project 2025, its 920-page blueprint for a second Trump administration.

The 1873 anti-obscenity law hasn’t been enforced in decades and is referred to as a “zombie law” by reproductive rights organizations, but it is still technically a law.

A future Republican attorney general seeking to enforce the law to block the mailing of mifepristone would likely see the law challenged in court, likely working its way up to the Supreme Court.

Mifepristone is one of two pharmaceuticals used in medication abortions, which are approved for up to 10 weeks gestation by the U.S. Food and Drug Administration. The two-drug regimen accounts for about 63% of all abortions within the United States, according to the Guttmacher Institute.

First of two debates

The two presidential debates this year are a departure from past years, with both candidates ditching the proposed schedule from the nonpartisan Commission on Presidential Debates.

Biden and Trump later agreed to two debates, the one held Thursday by CNN and another one on Sept. 10 that will be hosted by ABC News.

CNN opted to hold its debate at its studios in Atlanta, Georgia, without an audience. Thursday night’s debate was also earlier than any other presidential debates, which have traditionally begun in September or October.

The television news network created frustration ahead of the debate with the White House Correspondents Association when it decided to keep the pool, the group of journalists that travel everywhere with the president, out of the room.

Kelly O’Donnell, president of the WHCA, released a statement Thursday afternoon that the organization was “deeply concerned that CNN has rejected our repeated requests to include the White House travel pool inside the studio.”

“The pool is there for the ‘what ifs?’ in a world where the unexpected does happen,” wrote O’Donnell, who is also the senior White House correspondent for NBC News. “A pool reporter is present to provide context and insight by direct observation and not through the lens of the television production.”

CNN’s rules also said that neither Biden nor Trump was allowed to bring props or pre-written notes into the debate area.

Each stood behind “a uniform podium” and was not allowed to interact with campaign staff during the two commercial breaks.

Biden was scheduled to travel with first lady Jill Biden to Raleigh, North Carolina, immediately after the debate wrapped. They’re set to participate in campaign events on Friday morning before traveling to New York later in the day.

The Bidens are then expected to travel to Red Bank, New Jersey, on Saturday for more campaigning before heading back to Camp David, the presidential retreat in Maryland.

Trump will attend a campaign rally Friday afternoon in Chesapeake, Virginia. In a release announcing the event, Trump criticized Biden on inflation, crime and drug addiction, and immigration.

Reaction in the spin room

While Democrats were pelted with questions about Biden inside the spin room following the debate, U.S. Sen. Raphael Warnock, a Georgia Democrat, focused on Trump.

“The American people got a chance tonight to be reminded about the character of Donald Trump, a man who stood there and lied for 90 minutes straight,” Warnock said. “But what I was also struck by was by what he did not say. Every time he was asked a question that had something to do with the lives of the ordinary working-class people that I represent here in the state of Georgia, did you notice he never answered the question?”

Trump allies declared victory for the former president.

“People who have not made up their mind, if you were watching this debate, you’re voting for Donald Trump,” South Carolina U.S. Sen. Tim Scott, a Republican whom Trump is considering as his running mate, said. “It was one of the greatest contrasts between two politicians I’ve ever seen in my life. The dominance of Donald Trump is undeniable.”

Scott and fellow potential Trump vice presidential pick Rep. Elise Stefanik of New York declined to comment on the possibility they could be asked to join the Trump ticket.

Florida Republican Sen. Marco Rubio said he would “very seriously” consider an offer if Trump made it.

Ross Williams and Jill Nolin contributed to this report.?

This story has been updated.

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Undecided voters are the prize for both Biden and Trump in Thursday presidential debate https://www.criminaljusticepartners.com/2024/06/26/undecided-voters-are-the-prize-for-both-biden-and-trump-in-thursday-presidential-debate/ https://www.criminaljusticepartners.com/2024/06/26/undecided-voters-are-the-prize-for-both-biden-and-trump-in-thursday-presidential-debate/#respond Wed, 26 Jun 2024 09:40:06 +0000 https://www.criminaljusticepartners.com/?p=19175

The McCamish Pavilion at Georgia Tech in Atlanta on Tuesday, June 25, 2024. It is the site of the press center for media covering the CNN debate between President Joe Biden and former President Donald Trump on Thursday. (Photo by Ross Williams/Georgia Recorder)

President Joe Biden and former President Donald Trump will get a crucial opportunity to reach undecided voters and set the terms for the 2024 presidential campaign at Thursday night’s debate in Atlanta.

Partisans on either side have already made up their minds about which candidate they’ll support. And with this year’s race serving as a rematch of 2020, many Americans have already formed strong and possibly unchangeable opinions about the candidates.

Yet there is a sizable group of voters who haven’t decided who they’ll support in November, Christopher Stout, a professor of political science at Oregon State University, said in an interview with States Newsroom.

“On one hand, opinions about Joe Biden and Donald Trump are baked in,” Stout said. “On the other hand, there’s a lot of people who aren’t paying any attention to politics and this is their first time thinking about the 2024 election.”

For Biden, a major objective will be to show voters the 81-year-old incumbent can be energetic and forceful, Stout and political strategists said.

Trump, 78, may focus on appealing to voters in the ideological middle and wavering Republicans who want a conservative candidate but are turned off by the former president’s antics.

On policy, each candidate has issues they will capitalize on as strengths. Trump will probably press Biden on immigration and inflation, while Biden undoubtedly will be eager to criticize Trump on reproductive rights.

The debate, sponsored by CNN, will be moderated by the network’s Jake Tapper and Dana Bash and begin at 9 p.m. Eastern, with no studio audience. It is set to last for 90 minutes and will air live on CNN with simulcast available for other cable and broadcast networks.

Each candidate’s microphone will be muted while the other is speaking. No props are allowed but each man will be given a pen, pad and bottle of water, CNN said.

Can Trump be boring?

Trump could gain ground with moderate and independent voters by appearing steady.

After winning the presidency in 2016, Trump lost to Biden in 2020 amid a sense that Republican-leaning voters were weary of his unorthodox style and tendency to create scandal.

“If he’s boring and he looks like a typical politician, that’s going to be a big plus for him,” Stout said. “If he looks like a typical politician and he seems more moderate, then there’s the opportunity to bring back a set of voters who were once Republican who have now left the party.”

At the same time, there’s likely not too much down side for Trump if he does go off-script, as voters have come to expect outlandish comments and behavior, Republican strategist Doug Heye said.

“Donald Trump is gonna say something crazy,” Heye said. “That is all factored in and that’s not changing anybody’s mind.”

Heye cited recent remarks Trump has made about shark attacks, electrocution from oversized batteries and taking his shirt off to reveal psychic wounds inflicted by political opponents.

In a move reminiscent of his reality-show past, Trump has teased a possible announcement of his vice presidential pick at the debate.

But even if voters expect some degree of eccentricity from Trump, that will not help him win over the undecided voters who will decide the election, said Rodell Mollineau, a co-founder and partner at the Washington-based strategy firm ROKK Solutions and a veteran of Democratic campaigns.

“If you’re actually trying to reach voters, I’m not sure how Trump ranting and raving, talking about delusional conspiracy theories, helps him win independent voters,” Mollineau said.

Trump will face an additional unique challenge if he tries to look like a traditional presidential candidate: his 34 felony convictions in New York last month and the three other felony prosecutions against him pending, including two related to his efforts to overturn his loss in the 2020 election that led to the Jan. 6, 2021, insurrection.

“I’m watching to see how he talks about or doesn’t talk about his many court dalliances and the conviction and whatever else he has hanging over his head,” Mollineau said.

Can Biden be forceful?

Biden faces different questions he must answer.

Voters have doubts about the incumbent’s ability, due in part to his age, inclination for misspeaking and a concerted effort by Republicans and GOP-aligned media to portray Biden as past his prime.

“I think Biden in part is going to be trying to overcome the image that Trump and Republicans in general have been very successful in creating,” University of Georgia political science professor Charles Bullock said.? “They’ve been working on this now for at least five years, and that is the image of Biden being too old, being not up to it physically or mentally to continue to serve as president for another four years.”

Biden countered that narrative — at least temporarily — with an exuberant performance at the State of the Union address this year, several observers said.

Matching that energy will help him have a positive debate, they said.

But Heye noted that despite rave reviews from Democrats, the president’s State of the Union performance did not improve his standing in polls.

“The reaction from Democrats was: game changer,” Heye said. “And if we look at the polling, the game didn’t change at all.”

Biden would also benefit by reminding voters of his policy record, and contrasting it with Trump’s, Stout and Mollineau said.

“It will advantage him if he can talk about policy,” Stout said. “People don’t know the things he has done and so there’s hope maybe to inform people and sway the electorate.”

Biden should target left-leaning voters by reminding them of his achievements on climate and the environment and his administration’s efforts to create jobs, Stout said.

Mollineau added that Biden must remind voters of Trump’s tumultuous time in office and Biden’s achievements thus far, while balancing that message with an acknowledgment that many Americans are unsatisfied.

An early debate

The debate, which will be broadcast from CNN’s Georgia headquarters, comes much earlier in the election cycle than usual, even before the party conventions that typically symbolize the start of the general election.

The candidates agreed to the unusual schedule after rejecting a proposal from the Commission on Presidential Debates, a nonpartisan organization that has organized the events for decades, typically with three meetings between presidential candidates and one between would-be vice presidents.

All debates are usually in the fall.

This year’s June schedule could give the candidates a chance to frame the race moving forward, as many voters will be tuning in to the contest for the first time.

But the nearly 19 weeks remaining until Election Day could also mean a candidate with a weak performance has time to recover, or that a strong performance could diminish.

“I do not believe anyone is going to either win or lose the election this week,” Mollineau said.

Bullock, the Georgia professor, differed.

Because of the unpopularity of both candidates, and the sense that voters will be choosing the one they view as “the least of two evils,” either could provide a voter’s “final straw,” he said.

“They may hear something coming out of the mouths of one of these and say, ‘Yeah, that’s it,’” Bullock said. “‘That’s the final straw. I can’t support that one. It helps me make up my mind to go with the other person.’”

Ross Williams contributed to this report.

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Congress silenced free speech in TikTok law, platform tells federal court https://www.criminaljusticepartners.com/2024/06/20/congress-silenced-free-speech-in-tiktok-law-platform-tells-federal-court/ https://www.criminaljusticepartners.com/2024/06/20/congress-silenced-free-speech-in-tiktok-law-platform-tells-federal-court/#respond Fri, 21 Jun 2024 00:38:04 +0000 https://www.criminaljusticepartners.com/?p=19029

TikTok CEO Shou Zi Chew takes questions from Rep. Kat Cammack, R-Fla., before the House Energy and Commerce Committee in the Rayburn House Office Building on Capitol Hill on March 23, 2023 in Washington, D.C. (Photo by Chip Somodevilla/Getty Images)

TikTok and its parent company argued Thursday in a federal court in the District of Columbia that the recently enacted law forcing a nationwide ban or sale of the popular platform violates the First Amendment.

TikTok Inc., which operates the video-sharing service in the United States, and its parent company, ByteDance Ltd., which was founded by a Chinese national, filed a brief in the U.S. Court of Appeals for the D.C. Circuit calling the law President Joe Biden signed in April an unprecedented restriction on the constitutional right to free speech.

“Never before has Congress expressly singled out and shut down a specific speech forum,” the brief reads. “Never before has Congress silenced so much speech in a single act. “

Upholding such an “extraordinary speech restriction” would require the court to undertake “exacting scrutiny” of Congress’ action, but Congress provided only a hypothetical national security argument to advance the bill, the companies said.

“Congress gave this Court almost nothing to review,” the brief continues. “Congress enacted no findings, so there is no way to know why majorities of the House and Senate decided to ban TikTok.”

Many individual lawmakers who supported the law raised national security concerns, saying ByteDance’s relationship with the Chinese government meant the country’s Communist Party leaders could demand access to TikTok users’ private data.

They also said the platform, which the company says has 170 million users in the U.S., could be used to spread propaganda.

But under U.S. Supreme Court precedent, labeling speech as foreign propaganda does not allow the government to overlook First Amendment protections, TikTok said in its brief.

Speculation about how the app “might” or “could” be used, rather than any concrete examples of misconduct, do not clear the high bar required to restrict speech, the companies added.

“A claim of national security does not override the Constitution,” the companies wrote Thursday.

A spokesperson for the Justice Department, which is defending the law, highlighted the intelligence community’s national security concerns with TikTok and said the law was consistent with the First Amendment.

“This legislation addresses critical national security concerns in a manner that is consistent with the First Amendment and other constitutional limitations,” the spokesperson wrote in a statement to States Newsroom. “We look forward to defending the legislation in court.

“Alongside others in our intelligence community and in Congress, the Justice Department has consistently warned about the threat of autocratic nations that can weaponize technology – such as the apps and software that run on our phones – to use against us. This threat is compounded when those autocratic nations require companies under their control to turn over sensitive data to the government in secret.”

Response to lawmakers

The brief said Congress had not included any official findings of harm from TikTok, but several individual members raised specific concerns about the kind of speech found on the platform.

The companies said Thursday those specific complaints bolstered the argument that TikTok is being denied free speech protections.

The brief cited several lawmaker statements:

  • U.S. Sen. Mitt Romney, a Utah Republican, U.S. Rep. Raja Krishnamoorthi, an Illinois Democrat who is ranking member on the House Select Committee on China, and former Rep. Mike Gallagher, a Wisconsin Republican who chaired the panel, said the platform’s algorithm fed an overwhelming share of pro-Palestinian content over videos that favor Israel.
  • Sen. Tom Cotton, a Republican from Arkansas, said the platform “exposes children to harmful content.”
  • Sen. John Fetterman, a Democrat from Pennsylvania, said the law would “make TikTok safer for our children and national security.”
  • Nebraska Republican Sen. Pete Ricketts noted the popularity of the hashtag #StandwithKashmir, which protests a policy of India, a geopolitical rival of China.

“Legislators’ perception of the content reflected on TikTok was misinformed,” the companies said. “But well-founded or not, governmental policing of content differences is antithetical to the First Amendment.”

Oral arguments in September

Both chambers of Congress passed the law with bipartisan votes as part of a package that included aid to Israel and Ukraine. Biden signed the measure April 24.

TikTok pledged to sue and filed its legal challenge last month.

Tuesday’s brief expands on the company’s arguments. The government’s response is due July 26 and oral arguments are scheduled for Sept. 16.

Divestment unworkable, TikTok says

TikTok and ByteDance said Thursday the provision in the bill to avoid a ban by divesting the service to a company without ties to China is unworkable, especially within the nine-month timeline required by the law.

Such a move would be technically complex, requiring years of engineering work, the companies said. It would also isolate the U.S. user base from the rest of the world, limiting revenue from advertisements.

And even if it were feasible from a technical or business standpoint, selling the platform would likely be rejected by the Chinese government, which has the authority to block exportation of technology developed in the country, the companies said.

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Easing federal marijuana rules: There’s still a long way to go https://www.criminaljusticepartners.com/2024/06/20/easing-federal-marijuana-rules-theres-still-a-long-way-to-go/ https://www.criminaljusticepartners.com/2024/06/20/easing-federal-marijuana-rules-theres-still-a-long-way-to-go/#respond Thu, 20 Jun 2024 09:40:38 +0000 https://www.criminaljusticepartners.com/?p=18727

In this photo illustration, marijuana joints and buds, also known as ‘flower’, are viewed on May 24, 2024 in Los Angeles. (Photo Illustration by Mario Tama/Getty Images)

More than a month after the U.S. Drug Enforcement Administration proposed loosening a federal prohibition on marijuana, the next phases of policy fights over the drug’s status are starting to take shape.

Public comments, which the DEA is accepting on the proposal until mid-July, will likely include an analysis of the economic impact of more lenient federal rules.

Administrative law hearings, a venue for opponents to challenge executive branch decisions, will likely follow, with marijuana’s potential for abuse a possible issue.

Congress, meanwhile, could act on multiple related issues, including banking access for state-legal marijuana businesses and proposals to help communities harmed by the decades of federal prohibition.

U.S. Rep. Earl Blumenauer, a Democrat from Oregon and longtime advocate for legalizing marijuana who’s retiring at the end of the year, is encouraging his colleagues to build on the administration’s action by taking up bills on those related issues.

The politics of the issue should favor action, even in the face of an upcoming campaign season that typically slows legislative action, Blumenauer said in a May 17 interview, noting the popularity of a more permissive approach to the drug.

“Congress may not do a lot between now and November, but they should,” the 14-term House member said. “Because it’s an election year, there’s no downside to being more aggressive.”

Economic impact

In a proposed rule published in the Federal Register last month, the DEA specifically asked commenters to weigh in on the economic impacts of moving the drug from Schedule I to the less-restrictive Schedule III list under the federal Controlled Substances Act.

That will likely mean the agency will consider the impact of allowing state-legal marijuana businesses to deduct business expenses from their federal taxes, Mason Tvert, a partner at Denver-based cannabis policy and public affairs firm Strategies 64, said in an interview. Under current law, no deductions are allowed.

That issue is seen by advocates, including Blumenauer and fellow Oregon Democrat Ron Wyden, who chairs the tax-writing U.S. Senate Finance Committee, as paramount for the industry.

Thousands of state-legal businesses struggle to earn a profit or operate at a loss under the current system, Blumenauer said.

Potential for abuse

The DEA typically looks at three factors when assessing how strictly to regulate a drug: its medicinal value, potential for abuse relative to other drugs and ability to cause physical addiction.

A 2023 analysis by the U.S. Department of Health and Human Services that looked at data from states where medicinal marijuana is legal showed that “there exists some credible scientific support for the medical use of marijuana.”

That finding could lead DEA to look at other factors, Tvert said.

“The battleground that we’ll see will be around how we define potential for abuse,” he said.

Agencies split?

But the DEA proposed rule revealed a divided view among government agencies about the drug’s potential harms, Paul Armentano, the deputy director for the longtime leading advocacy group National Organization for the Reform of Marijuana Laws, told States Newsroom.

The text of the proposed rule shows “a lack of consensus” among HHS, the Attorney General’s Office and the Drug Enforcement Administration, he said.

“There are several points in the DEA’s proposed rule where they express a desire to see additional evidence specific to concerns that the agency has about the potential effects of cannabis, particularly as they pertain to abuse potential and potential harms,” Armentano said.

“The HHS addresses those issues, but the DEA essentially says, ‘We’d like to see more information on it.’”

Kevin Sabat, the president and CEO of the anti-legalization group Smart Approaches to Marijuana, agreed that the DEA did not appear to agree with the HHS conclusion that medical uses exist.

The proposed rule “just brings up all these issues with the HHS’s determination and it basically invites comment on all those issues,” he said.

Administrative law hearing

Sabat’s group will also be petitioning for a DEA administrative hearing, he said. An administrative law judge could rule that the proposal should not go through or that it should be amended to remain stricter than the initial proposal described.

“We’re going to highlight the fact that, first of all, this does not have approved or accepted medical use,” he said.

Tvert said the accepted medical value question is likely not to be a major factor in an administrative law hearing. Several medical organizations and states that allow medicinal use have already endorsed its medicinal value, he said.

Instead, the focus will turn to the drug’s potential for abuse, he said.

“What will be critical is looking at cannabis relative to other substances that are currently II or III or not on the schedule, and determining whether cannabis should be on Schedule I when alcohol is not even on the schedules and ketamine is Schedule III.”

As of June 6, nearly 12,000 people had commented on the proposal in the first 18 days since its publication.

While opinion polls show that most Americans favor liberalizing cannabis laws — a Pew Research Center survey in March found 57% of U.S. adults favor full legalization while only 11% say it should be entirely illegal — the public comments so far represent a full spectrum of views on the topic.

“This rule is a horrible idea, this should remain in Schedule I,” one comment read. “Marijuana is a gateway drug and ruins lives.”

“There are no negative side effects to its use,” another commenter, who favored “fully” legalizing the substance, wrote. “Its not harmful. The only harm is what the government has done to me and America. Shame on the people that continue to oppose this. Seriously shame on anyone that would stand in the way of this change.”

Congressional action?

Blumenauer authored a memo last month on “the path forward” for reform as the rescheduling process plays out.

He listed four bills for Congress to consider this year.

One, sponsored by House Democrats, would remove cannabis from the Controlled Substance Act schedule entirely and expunge prior offenses.

A bipartisan bill would make changes to the banking laws to allow state-legal businesses greater access to loans and other financial services.

Another, cosponsored with Florida Republican Brian Mast, would allow Veterans Administration health providers to discuss state-legal medicinal marijuana with veteran patients.

Blumenauer has also co-written language for appropriations bills that would prevent the Department of Justice from prosecuting marijuana businesses that are legal under state or tribal law.

“All of these things are overwhelmingly popular, they’re important, we have legislative vehicles and supporters,” he said.

Still, there may be disagreements about what to pursue next.

Recent years have seen disagreements among Democratic supporters of legalization over whether to prioritize banking or criminal justice reforms.

A banking overhaul has much greater bipartisan support, and advocates on all sides of the issue agree it’s the most likely to see congressional action.

But some who support changes to banking laws in principle object to focusing on improving the business environment without first addressing the harms they say prohibition has caused to largely non-white and disadvantaged communities.

As recently as 2021, Senate Majority Leader Chuck Schumer described banking reform legislation as too narrow. Sen. Cory Booker, a New Jersey Democrat, called it a “common-sense policy” but said that he favored a more comprehensive approach.

“I’ve gone around with Cory on that,” Blumenauer said. “More than anybody in Congress, I’m in favor of the major reforms, and we’ve been fighting for racial justice and equity … but (racial justice and banking reforms) are not mutually exclusive.”

In September, Booker agreed to co-sponsor the banking reform bill after winning a promise from Schumer that a separate bill to help expunge criminal records would also receive a vote. Neither measure has actually received a floor vote.

In a statement following the administration’s announcement on rescheduling, Booker praised the move, but called for further action from Congress.

That includes passing a bill he’s sponsored that would decriminalize the drug at the federal level, expunge the records of people convicted of federal marijuana crimes and direct federal funding to communities “most harmed by the failed War on Drugs,” according to a summary from Booker’s office.

“We still have a long way to go,” Booker said in the statement on rescheduling. “Thousands of people remain in prisons around the country for marijuana-related crimes. They continue to bear the devastating consequences that come with a criminal history.”

Blumenauer said Congress should act on the proposals that have widespread support from voters.

“This not low-hanging fruit, this is having them pick it up off the ground,” he said. “There is no other controversial issue that has as much bipartisan support that’s awaiting action.”

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An angry Trump pledges to appeal ‘this scam’ conviction as Republicans vow resistance https://www.criminaljusticepartners.com/2024/05/31/an-angry-trump-pledges-to-appeal-this-scam-conviction-as-republicans-vow-resistance/ https://www.criminaljusticepartners.com/2024/05/31/an-angry-trump-pledges-to-appeal-this-scam-conviction-as-republicans-vow-resistance/#respond Fri, 31 May 2024 21:15:57 +0000 https://www.criminaljusticepartners.com/?p=18435

Former President Donald Trump, the presumptive Republican nominee for president in 2024, speaks during a press conference at Trump Tower on May 31, 2024 in New York City. Trump was found guilty on all 34 felony counts of falsifying business records in the first of his criminal cases to go to trial. (Photo by David Dee Delgado/Getty Images)

WASHINGTON — Former President Donald Trump, now a convicted felon, vowed to launch an appeal based “on many things” he considered unfair during his New York trial, he said Friday in the lobby of Trump Tower in Midtown Manhattan.

Meanwhile Friday, legal and political analysts predicted he will spend little if any time in jail depending on the outcome of that appeal, fundraising among supportive Republicans appeared to surge and eight GOP members of the U.S. Senate pledged they will not support any Democratic priorities or nominations.

The reactions came as Americans continued to digest the news that on Thursday, a jury in Lower Manhattan found the Republican Party’s presumed 2024 presidential nominee guilty on 34 counts of falsifying business records in the first degree, a felony in New York.

Kentucky Republicans stand by Trump, blame Democrats for former president’s convictions

The roughly seven-week proceeding marked the first-ever criminal trial of a former U.S. president.

“We’re going to be appealing this scam,” Trump said at his late-morning press conference, referring to New York Justice Juan Merchan as a “tyrant.”

Over about 30 minutes of often misleading or false comments delivered in his familiar stream-of-consciousness style that jumped from topic to topic, Trump complained about aspects of the trial, said the case shouldn’t have been prosecuted at all and made campaign-style appeals on immigration and crime.

Trump has centered his public relations defense on the idea that the prosecution was politically motivated, often blaming the Biden administration, and he repeated the theme throughout his Friday remarks.

“If they can do this to me, they can do this to anyone,” he said.

President Joe Biden said Friday that Trump “was given every opportunity to defend himself.”

“It was a state case, not a federal case. It was heard by a jury of 12 citizens, 12 Americans, 12 people like you, like millions of Americans who’ve served on juries. This jury was chosen the same way every jury in America is chosen. It was a process that Donald Trump’s attorney was part of,” Biden said from the White House before delivering remarks on the Israel-Hamas conflict.

Biden said Trump now has the opportunity “as he should” to appeal, just like anyone else who is tried in the U.S.

“That’s how the American system of justice works,” Biden said. “It’s reckless, it’s dangerous, it’s irresponsible for anyone to say this was rigged just because they don’t like the verdict.”

Jail time?

Trump told the crowd Friday morning he could spend “187 years” in jail for being found guilty of falsifying business records. It was not clear how he arrived at that number.

Most observers of his trial and the New York justice system disagree with that estimate.

Merchan set Trump’s sentencing for July 11 at 10 a.m. Eastern, just four days before the Republican National Convention kicks off in Milwaukee, Wisconsin, where the GOP will officially nominate Trump for president in November’s election.

Trump is convicted of class E felonies, the lowest level felony in New York state, and each carries the possibility of probation to up to four years in prison.

Any incarceration sentence up to a year would be served in the city’s Rikers Island jail or another local facility. Incarceration beyond that time frame would be served at a state facility.

“If that jail sentence happens, it probably will be less than a year,” said Norm Eisen, former White House special counsel in the Obama administration, who has been commenting on the indictment and trial for months.

Eisen spoke during a virtual press conference hosted by the Defend Democracy Project.

New York state law experts say Merchan may not be inclined to imprison a former, and possibly future, U.S. president. And, if he sentences Trump to any length of incarceration, it will likely be stayed — a temporary stop to the action —pending appeal.

Trump could remain free on bail conditions set by the court, or no bail conditions, subject to a decision by the appeals court and potentially any other review if an appeals judge sends the case to the state’s highest court.

“When there is a stay pending appeal, generally, the process is expedited more quickly than it would be if the defendant was at liberty and there was no stay. But even so, this is going to go beyond the election,” said retired New York Supreme Court Judge Michael Obus at the press conference with Eisen.

Appeal strategy?

While Trump said Friday morning he plans to appeal the verdict based on “many things,” legal observers speculate his team’s approach may come down to a few options.

In New York, falsifying a business record is illegal in the first degree when the “intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.”

While the jurors had to unanimously agree on an intent to commit another crime, they did not have to agree unanimously on what that underlying crime was, according to Merchan’s instructions to the jury prior to deliberations.

Merchan said jurors could consider three options for the other crime: violations of the Federal Election Campaign Act; falsification of other business records; or, violation of tax laws.

Obus said a “non-frivolous argument” that Trump’s team might use is that one of those underlying crimes was a federal, not a state crime.

“That’s the kind of argument that we might see on appeal — the argument being that New York courts don’t have the authority to prosecute the case with that being the object crime because it’s a federal crime,” Obus said. “I don’t think that’ll be successful.”

In addition to the challenge regarding federal election law, Shane T. Stansbury of Duke Law told States Newsroom in an interview Friday that he expects to see Trump’s legal team challenge evidentiary issues.

“For example, I would expect that the defense would make a claim that the salacious testimony by Stormy Daniels about the details of her sexual encounter with Donald Trump was unfairly prejudicial,” Stansbury said.

Also, Trump’s lawyers might challenge the judge’s decision to strike from defense attorney Todd Blanche’s closing statement a plea he made to the jury, asking them to not send Trump “to prison.”

The charge against Trump could, or could not, result in prison time.

“You can imagine the defense saying that that correction may have prejudiced the jury. Now, I should say that those kinds of evidentiary issues are a much steeper climb for the defense,” Stansbury said.

‘A legal expense’

Trump remains under a gag order imposed by Merchan in March to keep the former president from further attacking court staff and potential witnesses online.

Trump violated the order 10 times, leading Merchan to fine him $9,000 on April 30, and again $1,000 on May 6.

During his comments Friday morning, Trump complained of having to pay “thousands of dollars” because of his “nasty gag order.”

Still, Trump spent several minutes during his remarks talking about one of the prosecution’s star witnesses, his former personal lawyer Michael Cohen.

According to testimony and document evidence presented during trial, Cohen wired $130,000 of his own money to porn star Stormy Daniels days before the 2016 presidential election to silence her about an alleged affair with Trump. Trump then reimbursed Cohen the following year under the guise of “legal expenses.”

Prosecutors never should have brought the case accusing him of falsifying business records, Trump said.

The payments to Cohen were for Cohen to create a nondisclosure agreement with Daniels and secure her signature, which is legal, Trump said Friday. That was a legal service, and the payments were properly recorded that way, he said.

“I paid a lawyer a legal expense,” he said.

“The whole thing is legal expense was marked down as legal expense,” he said. “Think of it: This is the crime that I committed that I’m supposed to go to jail for 187 years for.”

Trump, who wouldn’t say Cohen’s name Friday because of the gag order, said Cohen was not a “fixer” as he is often described, but a lawyer in good standing.

“By the way, this was a highly qualified lawyer,” Trump said. “Now I’m not allowed to use his name because of the gag order. But, you know, he’s a sleazebag. Everybody knows that. Took me a while to find out. But he was effective. He did work. But he wasn’t a fixer. He was a lawyer.”

Trump said he wanted to testify at his trial, but was advised not to by his lawyers.

Attacks on Biden?

Trump pivoted nearly immediately after his remarks began to campaign-style attacks on Biden’s administration and the anti-immigration positions that comprise Trump’s most consistent policy message since his political career began in 2015.

He focused on immigrants from predominantly non-white countries and made false claims that many had been institutionalized in prison and mental hospitals.

“Millions and millions of people are flowing in from all parts of the world, not just South America, from Africa, from Asia and from the Middle East, and they’re coming in from jails and prisons, and they’re coming in from mental institutions and insane asylums,” he said. “And we have a president and a group of fascists that don’t want to do anything about it.”

He also called crime “rampant in New York.” He added that Biden wanted to quadruple taxes and “make it impossible for you to get a car,” neither of which are based on Biden’s actual policy positions.

In a statement, Biden campaign spokesperson Michael Tyler called Trump’s remarks “unhinged.”

“America just witnessed a confused, desperate, and defeated Donald Trump ramble about his own personal grievances and lie about the American justice system, leaving anyone watching with one obvious conclusion: This man cannot be president of the United States,” Tyler wrote. “Unhinged by his 2020 election loss and spiraling from his criminal convictions, Trump is consumed by his own thirst for revenge and retribution.”

GOP convention in less than two months

The Republican National Convention begins July 15. The Republican National Committee, which called Thursday’s verdict “rigged,” did not immediately respond to questions Friday about whether it will adjust plans in the event Trump is placed under any restrictions during his July 11 sentencing.

Trump encouraged supporters to continue backing his campaign as a response to the verdict, calling Nov. 5 – Election Day – “the most important day in the history of our country.”

Throughout his remarks Friday, he touted an online poll conducted by J.L. Partners and published in the conservative British tabloid The Daily Mail on Friday that showed Trump’s approval rating gained points after the verdict.

There were signs that showed Republican support, at least, consolidated even more behind Trump following the verdict.

The National Republican Senatorial Committee, the campaign organization for U.S. Senate Republicans, said it had its highest fundraising day of the cycle Thursday, bringing in $360,000 in donations that the group directly attributed to the verdict in Manhattan.

Other official GOP channels, including the Republican National Committee social media accounts, echoed Trump’s message that the former president was the victim of a political prosecution and predicted the conviction would push voters toward Trump.

Elected Republicans throughout the country continued Friday to almost universally reject the verdict and defend Trump.

A group of eight U.S. Senate Republicans –?Mike Lee of Utah, J.D. Vance of Ohio, Tommy Tuberville of Alabama, Eric Schmitt of Missouri, Marsha Blackburn of Tennessee, Rick Scott and Marco Rubio of Florida and Roger Marshall of Kansas –?signed a letter Friday pledging to increase their resistance to administration priorities in response to the verdict.

“Those who turned our judicial system into a political cudgel must be held accountable,” Lee said in a post to X. “We are no longer cooperating with any Democrat legislative priorities or nominations, and we invite all concerned Senators to join our stand.”

The Biden administration and congressional Democrats played no role in the trial, which was in New York state court.

‘No one is above the law’

The top Democrat on the House Judiciary Committee, Rep. Jerry Nadler of New York, said that Thursday’s verdict shows that “no one is above the law.”

Nadler was joined by Eisen, along with accountability advocates and historians, on a Friday webinar for the press hosted by watchdog group Public Citizen. Eisen participated in multiple press appearances Friday.

Nadler said that Republicans are attempting to sow distrust in the verdict, as the chair of the Judiciary Committee, Jim Jordan of Ohio, has already sent a letter to Manhattan District Attorney Alvin Bragg requesting that he testify in a hearing before the panel’s Weaponization of the Federal Government Subcommittee on June 13.

Nadler said he disagreed with Jordan’s decision to request testimony from the DA who prosecuted Trump.

“It’s a continuing attempt to bully the prosecutors into abandoning prosecutions and to tell the country the false story of persecution of the president (Trump) and to help undermine confidence in the criminal justice system,” Nadler said.

Nadler said the New York trial was important because it’s likely going to be the only trial that finishes before the November elections. Trump faces two federal criminal cases, and another criminal case in Georgia.

“It is very important for the American people to know, before an election, that they’re dealing with a convicted felon,” Nadler said.

Ruth Ben-Ghiat, a history professor at New York University who specializes in authoritarianism, propaganda and democracy protection, said during the virtual press conference that the trial was a demonstration of American democracy being upheld.

“The fact this trial took place at all and was able to unfold in the professional way it did is a testament to the worth and functioning of our democracy,” she said.

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U.S. Supreme Court chief declines to discuss Alito flag uproar, ethics with Senate Dems https://www.criminaljusticepartners.com/2024/05/30/u-s-supreme-court-chief-declines-to-discuss-alito-flag-uproar-ethics-with-senate-dems/ https://www.criminaljusticepartners.com/2024/05/30/u-s-supreme-court-chief-declines-to-discuss-alito-flag-uproar-ethics-with-senate-dems/#respond Fri, 31 May 2024 01:01:19 +0000 https://www.criminaljusticepartners.com/?p=18398

Supreme Court Chief Justice John Roberts, Feb. 5, 2020. (Photo by Senate Television via Getty Images)

U.S. Supreme Court Chief Justice John G. Roberts Jr. told leading Democrats on the U.S. Senate Judiciary Committee Thursday he will not meet with them to discuss the court’s code of ethics, following revelations of displays of politically oriented flags at the homes of Justice Samuel Alito.

Individual justices will continue to decide their own recusals, Roberts wrote to Senate Judiciary Chair Dick Durbin, a Democrat of Illinois, and Subcommittee on the Federal Courts Chair Sheldon Whitehouse, a Rhode Island Democrat, in a letter obtained by States Newsroom.

Durbin and Whitehouse had asked Roberts a week earlier to force Alito to recuse himself from upcoming decisions related to the 2020 election and to meet to discuss proposals to strengthen Supreme Court ethics rules.

“I must respectfully decline your request for a meeting,” Roberts wrote in the two-paragraph letter dated Thursday. “Separation of powers concerns and the importance of preserving judicial independence counsel against such appearances.”

Justices rarely meet with legislators, particularly those who have expressed an interest in matters before the court, Roberts wrote.

Meeting with members of only one party would be especially problematic, he said.

In a statement, a spokesperson for Durbin rejected Roberts’ reasoning, saying Durbin only sought to address the lack of public confidence in the court.

“The Chief Justice is wrong to say that simply meeting with members of Congress to discuss the Supreme Court’s ethics crisis threatens the separation of powers or judicial independence,” the spokesperson wrote.

“Due to the Chief Justice’s intransigence, Chair Durbin will continue his efforts to pass legislation establishing an enforceable code of conduct for all nine Supreme Court justices — regardless of which President appointed them.”

‘Immediately take appropriate steps’

Durbin and Whitehouse wrote to Roberts on May 23, asking him “to immediately take appropriate steps to ensure that Justice Alito will recuse himself in any cases related to the 2020 presidential election and January 6th attack on the Capitol.”

Flags at two Alito homes appeared to promote former President Donald Trump’s baseless claims that his loss in the 2020 election was the result of a rigged election. That claim spurred the Jan. 6, 2021, attack.

A May 22 New York Times report documented that a flag at Alito’s Virginia home flew upside down in the weeks following the 2020 election. Alito told the Times that his wife displayed that flag in reaction to a neighborhood dispute.

A New Jersey vacation home belonging to the Alitos was photographed in the summer of 2023 flying an “Appeal to Heaven” flag, which bears that slogan above a simple pine tree design. The second flag was also first reported in the New York Times.

Both flags were carried by rioters during the Capitol attack, raising questions for Durbin and Whitehouse about Alito’s ability to be objective in cases concerning former President Donald Trump’s role in the attack.

The court heard oral arguments last month in a case about whether presidential immunity shielded Trump from prosecution on federal charges he sought to overturn the legitimate election results.

The Democratic senators specified that the case was one from which Alito should recuse himself.

Roberts’ letter said Alito had written to the committee himself on that issue. That letter was not immediately available Thursday.

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On second try, U.S. House approves GOP bill to ease mining on federal lands https://www.criminaljusticepartners.com/2024/05/09/on-second-try-u-s-house-approves-gop-bill-to-ease-mining-on-federal-lands/ https://www.criminaljusticepartners.com/2024/05/09/on-second-try-u-s-house-approves-gop-bill-to-ease-mining-on-federal-lands/#respond Thu, 09 May 2024 13:13:17 +0000 https://www.criminaljusticepartners.com/?p=17419

The U.S. House passed legislation on Wednesday, May 8, 2024, that would clarify mining companies can conduct mining support operations on federal lands without first documenting a known mineral deposit. (Photo by Jennifer Shutt/States Newsroom)

The U.S. House passed, 216-195, a bill Wednesday that would loosen a restriction on mining operations, reversing a vote last week to return the bill to committee.

The bill, written by Nevada Republican Mark Amodei, would clarify that mining companies can conduct mining support operations on federal lands, even without first documenting a known mineral deposit. It responds to a 2022 federal appeals court ruling restricting mining companies from using federal lands without a documented mineral deposit.

The Republican-controlled House rejected the bill last week, voting 210-206 to adopt a motion to recommit the measure to the House Natural Resources Committee. Six Republicans joined all Democrats present to oppose the bill.

Lawmakers did not make changes to the bill between the May 1 vote and Wednesday, but the presence Wednesday of several Republicans who were absent last week allowed the measure to pass on the second attempt.

“Why the heck are we back on the House floor one week after we voted on a bipartisan basis to send this bad bill back to committee?” New Mexico Democrat Melanie Stansbury said during floor debate Wednesday.

Stansbury called the bill a giveaway to mining companies, including those based in China and other countries.

Rep. Pete Stauber of Minnesota, who chairs the House Natural Resources Subcommittee on Energy and Mineral Resources and led Republican floor debate Wednesday, made no mention of last week’s vote, but continued to advocate for the bill as a benefit to domestic mining interests.

Encouraging U.S. mining, especially as an alternative to importing Chinese minerals, should be encouraged, he said. Domestic environmental and labor protections are stronger than they are in other countries, he said.

“I support fair labor standards, I support high environmental standards, I support increasing our national security,” Stauber said. “In short, I support domestic mining.”

The bill was meant to address a Ninth Circuit Court of Appeals ruling that Republicans disagreed with, Stauber said.

The ruling blocked an Arizona mining project from dumping waste rock on U.S. Forest Service land. The court ruled that the mining company’s claim on the Forest Service land was invalid because it had not shown a valuable mineral deposit there.

Mining interests have criticized the ruling, known as the Rosemont decision, for restricting operations on federal lands.

“This is a simple fix,” Stauber said. “We believe the court erred, so it’s our job to legislate.”

China debate

Stansbury said the bill could benefit subsidiaries of foreign mining companies, including Chinese companies.

It would allow Chinese companies to control U.S. federal lands, she said.

Rep. John Moolenaar, a Michigan Republican who chairs the House Select Committee on the Chinese Communist Party, authored an amendment to the bill last month that would have banned companies or subsidiaries from adversarial nations from mining on federal lands.

The House Rules Committee declined to make that amendment in order, which New Mexico Democrat Teresa Leger Fernandez noted Wednesday.

Stauber said all companies that operate in the U.S. have to comply with labor and environmental standards.

He also responded to the claim that the bill would spur a takeover of federal lands by Chinese companies. The bill would not affect foreign mining operations in the U.S., which is already allowed under existing law.

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Still much unknown on how marijuana policies would change in states under Biden plan https://www.criminaljusticepartners.com/2024/05/09/still-much-unknown-on-how-marijuana-policies-would-change-in-states-under-biden-plan/ https://www.criminaljusticepartners.com/2024/05/09/still-much-unknown-on-how-marijuana-policies-would-change-in-states-under-biden-plan/#respond Thu, 09 May 2024 12:49:03 +0000 https://www.criminaljusticepartners.com/?p=17414

A portion of marijuana is seen under a magifying glass at the “Abundant Healing” store April 19, 2010, in Fort Collins, Colorado. (Photo by Chris Hondros/Getty Images)

U.S. Attorney General Merrick Garland has proposed loosening the illegal status of marijuana at the federal level – but that doesn’t mean the federal government now condones recreational or medicinal use in the many states that have legalized the drug.

Moving marijuana from the government’s list of the most dangerous and least useful substances to a less serious category was a clear signal that the federal government, at least under President Joe Biden’s administration, wants to ease restrictions on a drug that’s been legal in an increasing number of states for more than a decade.

For years, the federal government has not pursued enforcement of state-legal marijuana operations, and the recent move appears to solidify that approach.

But it didn’t solve the many thorny issues that have resulted from a split between what is legal in dozens of states and what the federal government allows.

It’s unclear exactly what the rescheduling will mean. The Justice Department has not made public the text of Garland’s proposal — a DOJ spokesman declined States Newsroom’s request this week for a copy and state regulators say it has not been shared with them.

Even if the proposal were public, it would be expected to go through changes over months of rulemaking.

Here are some questions covering what is known at this early stage about what rescheduling would and would not do.

Q: Is weed legal now?

A: No.

Even in states that have legalized recreational use, the federal government would likely still consider the state system as illegal under federal law.

Other Schedule III drugs, including Tylenol with codeine and anabolic steroids, are tightly regulated and available only by prescription at pharmacies.

State-legal medicinal marijuana dispensaries do not fit that description and recreational-use dispensaries are even further from what the Food and Drug Administration requires of Schedule III drugs.

“This does not make marijuana state operations legal,” Shawn Hauser, a partner at Denver-based marijuana law firm Vicente LLP, said on a May 3 webinar. “They are not selling FDA-approved drugs and they are not licensed or meet the control requirements for Schedule III. So cannabis and state-legal dispensaries will remain in violation of federal law.”

Q: What is the difference between Schedule I and Schedule III?

A: Among the most significant is the recognition that the drug may have some medicinal value.

Under the federal Controlled Substances Act, the Drug Enforcement Administration has five levels of drug classifications.

Schedule I is the most restricted level, comprising the drugs most ripe for abuse that have no medicinal value. Other drugs on the list include heroin and LSD.

Because the definition of Schedule I substances includes no medicinal use, it is illegal to even study substances on the list.

Schedule III is the strictest level that acknowledges some medicinal value, making some hopeful that research on the drug could be improved.

“Moving cannabis to Schedule III would be a big step for recognition of the medical uses of cannabis, what voters here recognized by a wide margin in 1998,” the Washington state Liquor and Cannabis Board said in a May 1 statement. “And it would say very clearly that the federal government no longer considers cannabis among the most dangerous drugs.”

Q: How are states preparing?

A: Until they have more details, state regulators cannot do much, Amanda Borup, the senior policy analyst for the Oregon Liquor and Cannabis Commission, said in an interview.

“We really have to wait and see what they release,” she said, referring to the DEA’s rulemaking.

Other states are considering what the impacts might be.

The statement from Washington’s Liquor and Cannabis Board said rescheduling would “hopefully” ease restrictions on cannabis research, while it is “possible” the move would allow state-legal businesses to take advantage of tax deductions available to other industries.

Q: Why does research matter?

A: Marijuana advocates have had trouble providing evidence of any marijuana benefits because research has been restricted, which in turn made it more difficult to show that the restrictions should be lifted.

It could also help establish industry guidelines for ancillary issues. For example, the restrictions on research contribute to a lack of data on what pesticides are safe for use in marijuana cultivation.

Q: How does this affect policy on taxes, banking and criminal justice?

A: On its own, rescheduling likely won’t address several complaints marijuana industry members and advocates have about federal prohibition.

Some are hopeful, though, that the signal from the Biden administration will spur momentum toward other changes.

Most businesses can deduct their costs from their income and pay taxes on their net income. Marijuana businesses cannot take that deduction, known as 280E, according to the Marijuana Policy Project, an advocacy group.

Schedule I status also makes access to the U.S. banking system difficult.

Others complain that making marijuana legal in some states has not been fair to the communities of color that saw the most active enforcement.

Rescheduling would not fix those issues on its own, but advocates are hopeful it is a sign of momentum toward full legalization.

Senate Majority Leader Chuck Schumer and Democratic Sens. Cory Booker of New Jersey and Ron Wyden of Oregon reintroduced a bill last week to de-schdule the drug altogether. The measure includes expanding the 280E tax break and several provisions meant to address social justice.

Q: Could Trump reverse this if he wins in November?

A: Probably, though there’s no indication that’s on his agenda.

It’s unclear what the status of the rescheduling will be when the next Inauguration Day arrives on Jan. 20.

If former President Donald Trump wins back the presidency and the rescheduling is still pending, he could direct the DEA and DOJ to scrap the change.

Trump has not commented on the issue.

YOU MAKE OUR WORK POSSIBLE.

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TikTok sues to block new U.S. law banning app if it is not sold https://www.criminaljusticepartners.com/2024/05/07/tiktok-sues-to-block-new-u-s-law-banning-app-if-it-is-not-sold/ https://www.criminaljusticepartners.com/2024/05/07/tiktok-sues-to-block-new-u-s-law-banning-app-if-it-is-not-sold/#respond Tue, 07 May 2024 20:51:19 +0000 https://www.criminaljusticepartners.com/?p=17352

TikTok Inc., the U.S. company that operates the popular social media service, and ByteDance, its parent company, filed suit Tuesday, May 7, 2024, in the U.S. Court of Appeals for the District of Columbia Circuit over a law requiring ByteDance to sell its subsidiary or face a ban from U.S. app stores. (Photo by Kevin Frayer/Getty Images)

TikTok and its Chinese parent company on Tuesday challenged a recently enacted federal law banning the short-form video platform from the United States if it is not sold to a non-Chinese owner.

TikTok Inc., the U.S. company that operates the popular social media service, and ByteDance, its parent company founded by Chinese entrepreneurs, filed suit in the U.S. Court of Appeals for the District of Columbia Circuit over a law requiring ByteDance to sell its subsidiary or face a ban from U.S. app stores.

Billionaire TikTok investor, charter school advocate puts $8 million into Paul affiliated PAC

The law violates the First Amendment right to free speech, the companies wrote. The service is a free-speech platform, used by 170 million Americans monthly. While the government can dictate broadcast licenses that operate over public airwaves, it has no such authority over other platforms including newspapers and websites, they said.

“Congress has made a law curtailing massive amounts of protected speech,” the companies wrote. “The government cannot, consistent with the First Amendment, dictate the ownership of newspapers, websites, online platforms, and other privately created speech forums.”

Congress passed, and President Joe Biden signed, the law last month. Many lawmakers argued that TikTok was a tool of the Chinese Communist Party.

Sale not viable, TikTok says

The law’s alternative for TikTok to avoid a U.S. ban, for ByteDance to sell the platform, is unworkable, the companies said.

The algorithm at the core of TikTok’s product, as well as the platform itself, is powered by millions of lines of code developed by thousands of engineers over years, the companies said. Transferring that design to new owners who lack the years of expertise that TikTok’s current workforce has would be impossible within the nine-month deadline stipulated in the law.

The Chinese government would also likely not allow divestiture of the algorithm. China, like the United States, can regulate what technology can be exported, they said, and would likely reject a deal to allow foreign ownership of TikTok.

TikTok as a platform is globally integrated, so even if it were possible to find a new owner and transfer ownership of the product, it would lose much of the appeal — and the related market value —?of connecting with users around the world, the companies wrote.

“Divesting TikTok Inc.’s U.S. business and completely severing it from the globally integrated platform of which it is a part is not commercially, technologically, or legally feasible,” they said. “The Act will therefore have the effect of shutting down TikTok in the United States.”

The companies asked the court to declare that the law is unconstitutional, bar Attorney General Merrick Garland from enforcing it and “grant any further relief that may be appropriate.”

National security concerns

Congress included the TikTok bill in a package of high-profile spending items, including military and humanitarian aid to Ukraine, Israel and Taiwan. President Joe Biden signed the package into law April 24.

Several China hawks in Congress have expressed concerns that the Chinese government and its ruling Communist Party can compel ByteDance to provide data from TikTok users’ devices.

They have also raised concerns that the Chinese Communist Party can manipulate content on the platform.

Sen. Mitt Romney, a Utah Republican, said last week the “overwhelming” share of pro-Palestinian content on TikTok compared to other platforms was a reason driving support for a ban among lawmakers.

In their suit, TikTok and ByteDance said the government has not presented evidence to back up concerns over data privacy or content manipulation and instead relied on hypothetical risks.

“Those speculative concerns fall far short of what is required when First Amendment rights are at stake,” they said.

Rep. John Moolenaar, a Michigan Republican who chairs the U.S. House Select Committee on the Chinese Communist Party, said in a written statement posted by the committee’s X account Tuesday he was “confident that our legislation will be upheld.”

“Congress and the Executive Branch have concluded, based on both publicly available and classified information, that TikTok poses a grave risk to national security and the American people,” Moolenaar said. “It is telling that TikTok would rather spend its time, money, and effort fighting in court than solving the problem by breaking up with the Chinese Communist Party.”

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Biden administration to greatly ease marijuana regulations https://www.criminaljusticepartners.com/2024/04/30/biden-administration-to-greatly-ease-marijuana-regulations/ https://www.criminaljusticepartners.com/2024/04/30/biden-administration-to-greatly-ease-marijuana-regulations/#respond Tue, 30 Apr 2024 23:33:00 +0000 https://www.criminaljusticepartners.com/?p=17087

David Burr demonstrates removing leaves on marijuana plants to allow more light for growth at Essence Vegas’ 54,000-square-foot marijuana cultivation facility on July 6, 2017 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images

The Biden administration plans to remove marijuana from a list of the most dangerous and highly regulated drugs, the Department of Justice said Tuesday night.

The Drug Enforcement Administration will propose moving the drug from a Schedule I substance, which also includes heroin and methamphetamine, to Schedule III, which is the category for regulated-but-legal drugs including testosterone and Tylenol with codeine.

“Today, the Attorney General circulated a proposal to reclassify marijuana from Schedule I to Schedule III,” DOJ spokesperson Xochitl Hinojosa said in a statement to States Newsroom. “Once published by the Federal Register, it will initiate a formal rulemaking process as prescribed by Congress in the Controlled Substances Act.”

Cannabis has been listed as a Schedule I drug under the Controlled Substances Act since 1971, even as many states have moved to legalize recreational use for more than a decade and medicinal use for even longer.

State-legal marijuana businesses make up a multibillion-dollar industry, but the illegal status of the drug under federal law creates barriers unseen by other industries, including a lack of access to banking and the inability to deduct business expenses from taxes.

Social justice advocates have also noted that prosecutions for marijuana-related crimes have hurt communities of color. Many of those convicted for offenses related to marijuana have not benefited from the recent decriminalization in many states.

Moving cannabis to Schedule III would allow a more permissive approach to the drug, including permitting greater study of medicinal uses and allowing related businesses to use a common tax deduction.

Schumer praises development

Congressional leaders on the issue and other advocates of changing marijuana’s status welcomed the news Tuesday afternoon, even as they called for further action.

“It is great news that DEA is finally recognizing that restrictive and Draconian cannabis laws need to change to catch up to what science and the majority of Americans have said loud and clear,” Senate Majority Leader Chuck Schumer said in a statement.

The New York Democrat added that other legislation, including bills to provide cannabis businesses with greater access to banking and to completely delist the drug, is still needed.

“Congress must do everything we can to end the federal prohibition on cannabis and address longstanding harms caused by the war on drugs,” he said.

Sen. John Hickenlooper, a Democrat from Colorado who was the state’s governor when it and Washington became the first states to legalize recreational use in 2012, said the news was welcome but did not go far enough.

“Rescheduling marijuana is a step in the right direction. But – just a step,” he posted to X. “Marijuana should be DEscheduled altogether.”

The state’s current Gov. Jared Polis, also a Democrat, cheered the move in a written statement.

“I am thrilled by the Biden Administration’s decision to begin the process of finally rescheduling cannabis, following the lead of Colorado and 37 other states that have already legalized it for medical or adult use, correcting decades of outdated federal policy,” Polis said.

“This action is good for Colorado businesses and our economy, it will improve public safety, and will support a more just and equitable system for all.”

The U.S. Cannabis Council, a business group, applauded the expected change.

The move was based on U.S. Department of Health and Human Services research and would have myriad benefits for business, Executive Director Edward Conklin said in a written statement.

The update would put marijuana on a path to full legalization and make it easier for state-legal businesses to run profitable operations, he said.

“Moving to Schedule III represents a tectonic shift in our nation’s drug laws. The US Cannabis Council is committed to ending federal cannabis prohibition, and we believe that reclassification is a necessary and critical step toward that goal,” he wrote. “In the coming days, we will submit comments to the DEA in support of the proposed rule.”

Jennifer Shutt contributed to this report.

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U.S. Supreme Court floats return to trial court for Trump in presidential immunity case? https://www.criminaljusticepartners.com/2024/04/25/u-s-supreme-court-floats-return-to-trial-court-for-trump-in-presidential-immunity-case/ https://www.criminaljusticepartners.com/2024/04/25/u-s-supreme-court-floats-return-to-trial-court-for-trump-in-presidential-immunity-case/#respond Fri, 26 Apr 2024 00:36:40 +0000 https://www.criminaljusticepartners.com/?p=17017

An anti-Trump "kangaroo court" posed outside the Supreme Court while Trump v. United States was argued inside. (Photo by Jane Norman/States Newsroom)

WASHINGTON — The U.S. Supreme Court appeared skeptical Thursday of former President Donald Trump’s argument he is immune from criminal charges that he tried to overturn his loss in the 2020 election.

But conservatives who dominate the court appeared open to returning key questions to a trial court, possibly delaying Trump’s prosecution beyond the November election — and essentially assisting the former president as he fights legal challenges on multiple fronts.

Trump, the presumptive Republican nominee for president, has argued in a federal trial court and in the U.S. Court of Appeals for the District of Columbia that his actions following the 2020 election and leading up to the violent Jan. 6, 2021 attack on the U.S. Capitol, were “official acts” conducted while still in office and therefore are not subject to criminal prosecution.

While court precedent establishes that U.S. presidents are immune to civil damages for their official acts, and to criminal prosecution while in office, the justices now must decide the unanswered question of whether former presidents are absolutely immune from criminal law.

At oral arguments Thursday in Trump v. United States, much of the discussion centered on what should be considered an official presidential act.

Several conservative justices suggested that lower courts work to determine what aspects of the charges against Trump arose solely from his private conduct.

Such a detour could eat up additional weeks or months as the trial calendar converges with Election Day.

A decision from the court may not arrive until late June or early July. If a ruling calls for additional fact-finding at the trial court level, Trump’s election interference trial likely would not happen prior to the November election.

Trump’s lawyer, D. John Sauer, of St. Louis, argued that nearly everything a president does in office —?including hypotheticals about ordering a military coup or assassinating a political rival — could be considered official acts.

While much of the court appeared skeptical of that broad view of official acts, several justices on the conservative wing asked about having the trial court determine what acts should be considered official. They also suggested prosecutors could drop sections of the four-count indictment against Trump that dealt with official acts.

The court’s three liberal justices voiced serious concerns about Trump’s immunity argument, with Justice Ketanji Brown Jackson wondering aloud if the court accepting a broad view of criminal immunity for the president would make the Oval Office “the seat of criminal activity.”

The case is one of four in state and federal courts in which criminal charges have been made against Trump. On Thursday, he was in a New York state courtroom where he faces charges in an ongoing hush-money trial; the judge there did not allow him to attend the Supreme Court arguments.

Trial court determination

Conservative justices asked if they could avoid the constitutional question by having the trial court, presided over by U.S. District Judge Tanya Chutkan, determine which parts of the allegations could be considered official or unofficial acts.

Special counsel Jack Smith and his team of prosecutors have indicated that prosecuting only Trump’s private conduct would be sufficient, Justice Amy Coney Barrett said.

“The normal process, what Mr. Sauer asked, would be for us to remand if we decided that there were some official acts immunity, and to let that be sorted out below,” Barrett said, referring to a process in which a case is sent back to a lower court. “It is another option for the special counsel to just proceed based on the private conduct and drop the official conduct.”

‘Absolute immunity

Sauer argued, as he has for months, for “absolute immunity” from criminal prosecution for presidents acting in their official capacity.

No president who has not been impeached and removed from office can be prosecuted for official actions, Sauer said, broadly interpreting the meaning of official acts.

Liberal justices questioned Sauer about how far his definition of official acts would stretch. Trump’s attorney was reluctant to list any exceptions.

Justice Sonia Sotomayor asked a hypothetical that arose in a lower court: Would it be an official act for the president to order the assassination of a political rival?

“That could well be an official act,” Sauer answered.

He also answered Justice Elena Kagan that it could be an official act for a president to order a military coup, though Sauer said “it would depend on the circumstances.”

Michael R. Dreeben, representing the U.S. Department of Justice, argued that Trump’s broad view of presidential immunity would break a fundamental element of U.S. democracy, that no one is above the law.

“His novel theory would immunize former presidents for criminal liability for bribery, treason, sedition, murder, and here, conspiring to use fraud to overturn the results of an election and perpetuate himself in power,” Dreeben said.

Jackson, questioning Sauer, appeared to agree with that argument.

She said Sauer appeared worried that the president would be “chilled” by potential criminal prosecution, but she said there would be “a really significant opposite problem if the president wasn’t chilled.”

“Once we say, ‘No criminal liability, Mr. President, you can do whatever you want,’ I’m worried that we would have a worse problem than the problem of the president feeling constrained to follow the law while he’s in office,” Jackson said.

‘A special, peculiarly precarious position’

But other members of the court appeared more amenable to Sauer’s argument that subjecting presidents to criminal prosecution would constrain them.

Justice Samuel Alito, one of the court’s conservatives, asked Dreeben about Trump’s argument that a president’s duties require a broad view of immunity.

The president has to make difficult decisions, sometimes in areas of law that are unsettled, Alito said.

“I understand you to say, ‘If he makes a mistake, he makes a mistake, he’s subject to the criminal laws just like anybody else,’” Alito said. “You don’t think he’s in a special, peculiarly precarious position?”

Dreeben answered that the president has access to highly qualified legal advice and that making a mistake is not what generally leads to criminal prosecution.

He also noted that the allegations against Trump involve him going beyond his powers as president to interfere with the certification of an election, which is not a presidential power in the Constitution.

Incumbents leaving office

Alito, who seemed to be the justice most sympathetic to Trump’s argument that allowing a president to be prosecuted would undermine the powers of the office, also raised the prospect that incumbents who lose elections may seek to illegally stay in power precisely because prosecution would await after they leave office.

“A stable democratic society requires that a candidate who loses an election, even a close one, even a hotly contested one, leave office peacefully,” he said.

“If an incumbent who loses a very close, hotly contested election, knows that a real possibility after leaving office is … the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy?”

Dreeben answered that “it’s exactly the opposite,” because there are well-established lawful options, including court challenges, available to challenge election results.

Trump posted several times Thursday morning on his social media platform Truth Social that the president would “have no power at all” without absolute immunity.

“That would be the end of the Presidency, and our Country, as we know it, and is just one of the many Traps there would be for a President without Presidential Immunity. Obama, Bush, and soon, Crooked Joe Biden, would all be in BIG TROUBLE,” he wrote.

‘Writing a rule for the ages’

Some justices indicated they will be thinking beyond the question as it relates to Trump’s election interference charges, possibly hinting at a drawn-out process in issuing an opinion.

Criminally prosecuting a former president could open the door to prosecution based on motives, including the motive to get reelected or for other personal gain, conservative Justice Neil Gorsuch suggested.

“I’m not concerned about this case, but I am concerned about future uses of the criminal law to target political opponents based on accusations about their motives,” Gorsuch said in a lengthy back-and-forth with Dreeben.

“I’m going to say something that I don’t normally say, which is: That’s really not involved in this case,” Dreeben said, eliciting a laugh from Gorsuch.

“I understand that. I appreciate that. But you also appreciate that we’re writing a rule for the ages,” Gorsuch responded.

At another point, Dreeben tried to redirect the justices to specific details of the Trump case, including his point that the judicial system has safeguards against purely politically motivated and retaliatory legal action.

Dreeben attempted to detail for Alito that the Justice Department functioned “in the way that it is supposed to” when Trump’s alleged plan to ask officials to send fraudulent letters to states regarding election results failed.

Alito pushed back, saying he wanted to discuss the case “in the abstract.”

“I understand that Mr. Dreeben. But as I said, this case will have effects that go far beyond this particular prosecution,” Alito said.

Alan Morrison, a law professor at George Washington University who has argued 20 cases before the Supreme Court, said in a phone interview after oral arguments that the court will not reach “a fast decision” as the justices wrestle with the extent of what is considered a president’s official acts.

“Neither side is going to get everything they want,” Morrison said. “And the hardest questions to answer are going to be what are official and what are not official acts.”

‘Reacting against a monarch’

Sticking to the specifics of the indictment against Trump, Kagan ran through a list of the allegations and asked Sauer to discern what constituted an official act.

“The defendant asked the Arizona House Speaker to call the legislature into session to hold a hearing based on their claims of election fraud,” Kagan said, citing the indictment.

“Absolutely an official act for the president to communicate with state officials on a matter of enormous federal interest and concern,” Sauer answered, “attempting to defend the integrity of a federal election to communicate with state officials and urge them to view what he views as their job under state law and federal law.”

Kagan moved to hypotheticals and asked if a president who ordered a military coup, but was never impeached and convicted by Congress, could not be held to U.S. criminal law.

“He was the president. He is the commander in chief. He talks to his generals all the time, and he told the generals, ‘I don’t feel like leaving office. I want to stage a coup.’ Is that immune?”

“If it’s an official act, there needs to be impeachment and conviction beforehand,” Sauer said, citing the defense’s reliance on the Constitution’s Impeachment Clause argument.

“That is the wisdom of the (Constitution’s) framers,” he added.

“The framers did not put an immunity clause into the Constitution,” she quickly responded. “… They didn’t provide immunity to the president, and you know, not so surprising. They were reacting against a monarch who claimed to be above the law.”

“Wasn’t the whole point that the president was not a monarch and the president was not supposed to be above the law?” she said.

Federal election interference charges

A federal grand jury charged Trump with four felony counts in August 2023 for working with several co-conspirators to overturn election results in seven states.

The indictment charged the former president with conspiracy to defraud the United States and obstruction of an official proceeding, among other charges.

Trump allegedly worked with several others to replace legitimate electors with fraudulent ones in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin, according to the indictment.

The prosecution also alleges that he tried to leverage the Justice Department to pressure the states to replace their slates of electors, and pressure Vice President Mike Pence into altering results during Congress’s joint session to certify the results on Jan. 6, 2021.

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Trump makes one last presidential immunity argument to the U.S. Supreme Court https://www.criminaljusticepartners.com/2024/04/15/trump-makes-one-last-presidential-immunity-argument-to-the-u-s-supreme-court/ https://www.criminaljusticepartners.com/2024/04/15/trump-makes-one-last-presidential-immunity-argument-to-the-u-s-supreme-court/#respond Mon, 15 Apr 2024 22:05:49 +0000 https://www.criminaljusticepartners.com/?p=16703

Donald Trump (Photo by Scott Olson/Getty Images)

Hours after Donald Trump sat in a New York courtroom and became the first former president in U.S. history to be a defendant in a criminal trial Monday, his attorneys filed a brief with the U.S. Supreme Court renewing his claim of absolute presidential immunity in another criminal case against him.

In a reply brief responding to Justice Department special counsel Jack Smith’s argument last week that former presidents should not be immune from criminal prosecution, Trump’s attorneys, led by D. John Sauer of St. Louis, repeated their claim that the framers of the Constitution intended presidents to be immune from prosecution unless they were first impeached and removed from office.

Smith argued last week that because impeachment was inherently political, former presidents must be legally accountable under a separate, apolitical process in courts. Calling Trump’s argument “a radical departure from democracy,” Smith said the absolute immunity standard would place the president above the law.

Impeachment was insufficient on its own, Smith said, because a president may escape conviction in the U.S. Senate simply because of the partisan makeup of that chamber.

But Trump’s attorneys said Monday that Smith’s argument missed the point of impeachment as a check and balance on executive power. The process is intended to be political, and difficult to achieve, they wrote.

“That is the point,” they wrote. “The Framers required a nationwide political consensus — reflected in a two-thirds vote of the Senate — before authorizing the potentially Republic-shattering act of prosecuting a President for his official acts.”

The Supreme Court case is part of a pretrial effort by Trump’s attorneys to dismiss a federal criminal case accusing him of pressuring state officials, the Justice Department and then-Vice President Mike Pence to overturn the 2020 election results, then allowing a mob of supporters to storm the U.S. Capitol.

Trump, who is again the presumptive Republican nominee for president, has claimed “absolute immunity” from prosecution for his role, saying it was part of his official duties to guard against election fraud.

Trump and his allies brought dozens of suits alleging election fraud, but presented no evidence that fraud had virtually any impact on the 2020 results.

Trump won acquittal in a 2021 Senate trial for the same actions he’s accused of in the underlying federal criminal case when only seven of the 50 GOP senators at the time voted with all Democrats for conviction. Two-thirds of the Senate must vote to impeach.

‘Malfeasance may go unpunished’?

The framers of the Constitution wanted a strong executive and were willing to trade some criminal accountability of the president to gain it, Trump’s attorneys wrote Monday. The system of impeachment was part of that goal, they said.

“When the Framers erected the formidable hurdle of impeachment and conviction, they assumed the risk that some Presidential misfeasance might go unpunished,” they wrote.

Presidents are subject to common prosecution for private acts, Trump’s attorneys wrote, but can only be prosecuted for official acts through impeachment.

Trump has long contended his actions on and leading up to Jan. 6, 2021, seeking to block the certification of his election loss in November 2020 should be considered official acts.

Trump’s legal team also said Monday that federal criminal courts, with judges appointed and confirmed by the elected branches of government, were not apolitical alternatives to impeachment, as Smith suggested.

They referred to three other criminal charges the former president faces, which they said were “hyper-politicized.”

“In light of not one, but four, hyper-politicized prosecutions pending against President Trump — in addition to politically motivated civil cases — this argument cannot be taken seriously,” they wrote.

The brief came on the first day of the first criminal case against Trump to go to trial. That case, in New York state, alleges Trump falsified business records to hide hush money payments made to an adult film star during his first run for the White House in 2016.

He is also accused in Georgia state court of conspiring to overturn the 2020 election results in that state.

And a federal grand jury in South Florida indicted him for mishandling and storing in unsecured areas classified documents from his time in office.

Trump has sought to employ the criminal allegations to his political advantage, using them to reinforce his message that he is being targeted by a corrupt system.

Oral arguments soon

The Trump team’s reply brief was the last from either party before oral arguments, scheduled for April 25.

Trump will not be at the Supreme Court for the arguments, as he will be expected at his trial in New York. Judge Juan Merchan, who is overseeing that case, denied Trump’s requested absence that day to attend the Supreme Court hearing, according to reports.

The case arrived at the Supreme Court after the trial judge in the case, Tanya Chutkan, a federal judge for the District of Columbia, in December rejected Trump’s motion to dismiss the charges under the presidential immunity argument.

Trump appealed that ruling, but a unanimous federal appeals court upheld Chutkan’s decision in February.

The trial has been on hold while the appeal on the immunity claim is pending.

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Trump’s repeated escapes from political damage to be tested in NYC trial https://www.criminaljusticepartners.com/2024/04/12/trumps-repeated-escapes-from-political-damage-to-be-tested-in-nyc-trial/ https://www.criminaljusticepartners.com/2024/04/12/trumps-repeated-escapes-from-political-damage-to-be-tested-in-nyc-trial/#respond Fri, 12 Apr 2024 19:59:27 +0000 https://www.criminaljusticepartners.com/?p=16586

Former U.S. President Donald Trump arrives for his arraignment at Manhattan Criminal Court on April 04, 2023 in New York City. With the indictment, Trump became the first former U.S. president in history to be charged with a criminal offense. (Photo by Michael M. Santiago/Getty Images)

Donald Trump on Monday in a New York City courtroom will make history as the first former U.S. president to stand trial in criminal proceedings.

And it raises new issues for the presumptive Republican nominee for president in November, even as he builds a political brand that so far has seemed immune from accusations of wrongdoing.

Trump is accused of falsifying business records to cover up payments made during his first White House run in 2016 to the adult film star Stormy Daniels in return for her silence about an alleged affair.

It’s a somewhat complicated, documents-based case in which prosecutors must convince jurors that bookkeeping errors were committed with the aim of illegally affecting an election, Jessica A. Levinson, the director of the Public Service Institute at Loyola Marymount University’s law school, said in an interview.

And though some experts consider it an election interference case, it’s neither the most serious allegation Trump faces nor the easiest for prosecutors to prove, Levinson said.

“This case is being asked to bear more weight than it possibly should or could,” Levinson said. “It’s being asked to be a bellwether, a referendum on Trump. And it’s a state criminal case. It’s not more, it’s not less, but the amount of attention it’s getting is obviously outsized.

“For people who feel like Trump should be held to account, now all eyes are on this one business records case,” she added. “When you think about the things that were most harmful to our democracy, arguably this isn’t the case that should have gone first.”

The outcome of the trial could affect voters’ perceptions of the other prosecutions, Levinson said.

The case is one of four against Trump involving criminal charges, two in state courts and two in federal courts. A state prosecution in Georgia accuses him of conspiring to overturn that state’s election results.

The two cases in the federal courts include a federal charge related to Trump’s efforts to overturn his loss in the 2020 presidential election that culminated in the Jan. 6, 2021, attack on the U.S. Capitol, and another federal case charging Trump with improperly storing classified documents after he left office.

Election interference?

Norm Eisen, a legal analyst who was Democratic co-counsel for the U.S. House Judiciary Committee during Trump’s first impeachment on charges he solicited election interference from Ukraine during the 2016 election, said the New York state case should also be considered an election interference case.

Levinson, an expert on the law of the political process, including campaign finance law, agreed, though she said the allegations are not at the same level as charges related to attempts to overturn the 2020 election results.

The payments to Daniels were meant to disrupt the 2016 election by withholding key information from voters, she said. They began shortly after video footage surfaced of Trump bragging about grabbing women’s genitals.

Prosecutors say allegations of infidelity with a porn actor would have further eroded Trump’s support with women voters and the payments were meant to stop that.

The allegations in the case are violations of election law and campaign finance law, Levinson noted.

“It’s not the same as ‘I don’t want you to count up Electoral College votes,’” she said, referring to the charges in other election interference cases. But “it is about, in my view, trying to hide a story from the voters right after they had just heard the ‘Access Hollywood’ tape and right before they were going to the ballot box.”

Trump has consistently characterized the case, as he has with all the criminal charges against him, as a political witch hunt by Democrats to undermine a political rival.

In a fundraising appeal Friday, Trump repeated the message.

“ON MONDAY ALL HELL BREAKS LOOSE!” the email said. “BIDEN AND HIS ALLIES WANT ME LOCKED AWAY IN PRISON! RABID DEMOCRATS ARE POISED TO RAISE MILLIONS WHILE I’M STUCK DEFENDING MYSELF IN COURT!”

That critique ignores the high standard of evidence needed to bring criminal charges, and doesn’t refute the allegations, but that type of all-caps accusation has proved effective at keeping many Republican voters supportive of Trump.

Spokespeople for the Trump campaign did not return messages seeking comment for this story.

In the courtroom

The trial will start Monday with jury selection, which could last several days or longer.

Once the actual arguments begin, the case will hinge on Manhattan District Attorney Alvin Bragg’s ability to show jurors that the irregularities in Trump’s business records were in service of committing another crime.

Paying hush money is not illegal by itself, Levinson said, so the violation of campaign finance law is crucial to the case.

Bragg and his team should try to simplify the case and “emphasize over and over again” that the payments were meant to influence the election, she said.

Trump’s defense will likely focus on Michael Cohen, the former vice president of the Trump Organization and Trump’s onetime personal counsel who allegedly delivered the payments to Daniels.

Cohen, who served a federal prison sentence for tax fraud and perjury, has publicly described Trump’s role in the alleged scheme. But his credibility, after his convictions and the public reversal of his account, is a major question.

Electoral impact of conviction unclear

For more than eight years, Trump has successfully deflected and even used to his advantage the types of scandals that were previously believed to be fatal to political candidates, disproving predictions of an imminent political collapse so regularly it became a cliche.

He has so far weathered any significant damage from the criminal proceedings, including the New York case, and even gained some political benefit from them.

He has said the prosecutions are politically motivated attempts by Democrats to weaken their chief political opponent. Republican voters, at least, seem to largely accept that argument, allowing Trump to coast to the nomination early this year.

And the criminal allegations have not yet critically damaged Trump’s reputation with general election voters. He is polling close to President Joe Biden in several swing states and in national surveys, though voters have told pollsters that their opinions may change if Trump is convicted.

But there is reason to doubt that a conviction would have any impact on Trump’s position with voters, Seth Masket, the director of the Center on American Politics at the University of Denver, said in an interview with States Newsroom.

Political observers wondered throughout 2023 how much the four criminal indictments against Trump would affect the former president in the 2024 primaries, Masket said.

The accusations, especially the New York charges that were the first to be revealed, seemed to actually help in the nominating race. His rivals in that contest largely defended Trump.

Even if he’s convicted, Republican voters in a polarized country are more likely to side with Trump than a judicial system he describes daily as corrupt, Masket said.

“Everything we’ve seen so far suggests that every bad thing that happens to him causes Republicans to rally behind him and ratify his view that the system is after him,” he said. “The idea that a conviction would be perceived broadly enough across parties as completely legitimate and aboveboard I think is pretty unlikely.”

Eisen, who said he expects Trump to be convicted in the New York case, disagrees, saying the spectacle of a criminal conviction would break Trump’s hold on voters.

“When a jury of Trump’s peers — and their peers, ordinary Americans — sit in judgment and reach a verdict, if they do, that’s a different order of magnitude,” Eisen said. “And then when you combine that with a criminal sentence following that kind of verdict, well then you really are in a whole different ballgame.”

Beyond the first trial

But if Trump is not convicted, or if the charges are reduced to misdemeanors, it could insulate him in voters’ minds against the other pending cases, Levinson said.

Because Trump has for years described the legal actions against him as political, winning the first case to reach court could help reinforce that message, she said.

“If he’s anything short of convicted on the felonies, then it’s just a huge win for him because he’s going to take this to say, ‘Look, every legal action against me is baseless,’” Levinson said. “I don’t think it has anything to do legally with the other cases. But it will be politically a huge win for the former president.”

It’s unclear what the historical import of the first trial of a former president will be, Masket said. But the concept that Trump remains a viable presidential contender — and therefore somewhat immune from criminal accountability — is a troubling sign for U.S. democracy.

“We repeatedly get this message that no one is above the law, except maybe this one guy,” Masket said. “And that’s a problem. That just undermines a lot of people’s faith in the democratic system.”

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Democrats join in U.S. Senate vote to repeal Biden rule tracking tailpipe emissions https://www.criminaljusticepartners.com/2024/04/10/democrats-join-in-u-s-senate-vote-to-repeal-biden-rule-tracking-tailpipe-emissions/ https://www.criminaljusticepartners.com/2024/04/10/democrats-join-in-u-s-senate-vote-to-repeal-biden-rule-tracking-tailpipe-emissions/#respond Wed, 10 Apr 2024 21:28:19 +0000 https://www.criminaljusticepartners.com/?p=16530

Trucks and cars drive down the New Jersey Turnpike in Elizabeth, New Jersey. (Photo by Mario Tama/Getty Images)

WASHINGTON — The U.S. Senate voted Wednesday to roll back a Transportation Department rule that targeted greenhouse gas emissions from vehicles traveling on highways.

The rule, issued by the Transportation Department’s Federal Highway Administration in December, established greenhouse gas reductions as one of the 18 performance measures for state transportation departments and local planning organizations to track.

U.S. judge sides with Kentucky attorney general in ruling against highway emissions rule

The 53-47 vote, with four Democrats and independents joining all Republicans, was approved via a resolution under the Congressional Review Act, which allows Congress to undo new executive branch rules. Only a majority vote is required.

The White House said Wednesday that President Joe Biden will veto the measure if it passes both chambers of Congress. The margin in the Senate’s vote Wednesday would be well below the two-thirds standard needed to override a veto.

The U.S. House, where Republicans enjoy a slim majority, is likely to approve the measure.

Democrats Joe Manchin III of West Virginia, Sherrod Brown of Ohio and Jon Tester of Montana, and independent Kyrsten Sinema of Arizona, voted along with every Senate Republican to approve the resolution.

Brown and Tester are among the most vulnerable Democratic senators facing reelection this year. Manchin and Sinema are leaving the Senate rather than seeking reelection.

The rule went into effect Jan. 8. It required state transportation departments and metropolitan planning organizations to make reducing carbon emissions a goal and established a method to measure the amount of carbon emitted from vehicles on their highway systems.

The rule did not mandate what the state and local goals must be.

It was issued as part of a Biden administration goal to reduce carbon emissions at least 50% below 2005 levels by 2030 and reach net-zero emissions by 2050.

The transportation sector is the largest single source of carbon emissions in the country, accounting for 28% of emissions nationwide in 2021, according to the U.S. Environmental Protection Agency.

Rule overstepped law, critics say

North Dakota Republican Kevin Cramer introduced the resolution to repeal the rule. Every Republican and Manchin signed on as cosponsors.

In floor speeches Wednesday, Manchin, a frequent Biden administration critic, and Cramer said the rule was illegal.

The small group of senators that wrote the bipartisan infrastructure law in 2021 considered and declined to grant the FHWA the authority to establish greenhouse gas emissions monitoring, Manchin, who was among that group, said.

“This rule is yet another example of the administration’s trying to implement the law they wanted instead of the one they got,” he said.

Mandating lower emissions would not be possible without limiting driving, Manchin added, which is unworkable in rural states such as West Virginia.

Removing a tool

In a statement ahead of the Senate vote, the White House said the vote to repeal the rule would only take away a tool for states to measure greenhouse gas emissions from transportation.

The resolution repealing the rule “would remove GHG emissions management from the suite of national highway performance measures – in other words, removing a common-sense, good-government tool for transparently managing transportation-related GHG emissions and informing transportation investment decisions,” the statement of administration policy read.

Beth Osborne, the director of the left-leaning transportation policy think tank Transportation for America, criticized the move in a post to X.

“If we can’t even track our emissions from transportation, we certainly can’t do anything about it,” Osborne said. “What are 53 members of the Senate so afraid that the public might learn?”

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Biden to visit Port of Baltimore Friday to review federal response on Key Bridge https://www.criminaljusticepartners.com/2024/04/01/biden-to-visit-port-of-baltimore-friday-to-review-federal-response-on-key-bridge/ https://www.criminaljusticepartners.com/2024/04/01/biden-to-visit-port-of-baltimore-friday-to-review-federal-response-on-key-bridge/#respond Mon, 01 Apr 2024 19:58:53 +0000 https://www.criminaljusticepartners.com/?p=16175

Debris is cleared from the collapsed Francis Scott Key Bridge as efforts begin to reopen the Port of Baltimore on March 31, 2024, in Baltimore, Maryland. The bridge fell into the Patapsco River after being struck by the Dali, a cargo ship leaving the port at around 1:30am on Tuesday. The bodies of two men who were on the bridge at the time of the accident have been recovered from the water; four others are still missing and presumed dead; two others were rescued and treated for injuries shortly after the accident. (Photo by Tasos Katopodis/Getty Images)

President Joe Biden will tour the Port of Baltimore and the site of the Francis Scott Key Bridge collapse Friday as long-term efforts to reopen the port continue, White House press secretary Karine Jean-Pierre said Monday.

“President Biden will travel to Baltimore on Friday to visit the collapsed Francis Scott Key Bridge, meet with state and local officials and get (an) on-the-ground look at federal response efforts,” Jean-Pierre said.

The U.S. Coast Guard is leading a coordinated effort to clear debris blocking shipping traffic to the port, Jean-Pierre said.

Cranes and barges contracted by the U.S. Navy had arrived in recent days to assist in that effort, according to a statement from the Navy. Among the ships was the Chesapeake 1000, the largest heavy-lift crane on the East Coast with the capacity to lift 1,000 tons, Jean-Pierre said.

Two other barges with a combined capacity of 350 tons have also arrived in Baltimore Harbor, with a fourth, 400-ton capacity barge scheduled to arrive next week, the Navy said. The barges will be used to remove submerged portions of the collapsed bridge, the Navy said.

The shutdown of the port, which approached its second week Monday after a massive ship struck and toppled the bridge March 26, is a major issue for the local economy, U.S. Transportation Secretary Pete Buttigieg said last week. The port supports 8,000 direct jobs that pay roughly $2 million per day in wages, Buttigieg said.

Acting Labor Secretary Julie Su was in Baltimore Monday to meet with local stakeholders, as the department works with state and local officials “to determine how to assist workers out of work due to the closure of the port,” Jean-Pierre said.

Biden was leading a “whole-of-government approach to the collapse,” and working with Maryland Gov. Wes Moore, the city’s congressional delegation and local leaders, Jean-Pierre said.

The Biden administration will continue to talk with state and local leaders to understand the scope of the work needed to build a bridge to replace the Key Bridge and to reopen the busy Port of Baltimore to shipping traffic, she said.

No formal White House meetings with congressional leaders about the federal response had been scheduled Monday, but Jean-Pierre said White House staff was in regular contact with Congress and the Transportation Department.

She said she couldn’t estimate a timeline for when the port would reopen, but stressed that the administration would “do everything we can” to reopen the port and construct a bridge.

“It is a complicated scenario, so I don’t have a timeline on that,” she said. “We’re going to have conversations with congressional members. We’re going to certainly talk to them on what else is needed … There is going to be additional funding needed to get this done.”

Jean-Pierre said the White House was communicating with the state to “get a sense of how much this is going to cost.”
Biden has said that the federal government would cover the costs of rebuilding the bridge.

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Federal rebuild of Baltimore bridge ‘will not be quick or easy or cheap,’ Buttigieg says https://www.criminaljusticepartners.com/2024/03/27/federal-rebuild-of-baltimore-bridge-will-not-be-quick-or-easy-or-cheap-buttigieg-says/ https://www.criminaljusticepartners.com/2024/03/27/federal-rebuild-of-baltimore-bridge-will-not-be-quick-or-easy-or-cheap-buttigieg-says/#respond Wed, 27 Mar 2024 21:28:39 +0000 https://www.criminaljusticepartners.com/?p=16079

Workers on Wednesday, March 27, 2024, continued to investigate and search for victims after the cargo ship Dali collided with the Francis Scott Key Bridge, causing it to collapse, early Tuesday in Baltimore, Maryland. Two survivors were pulled from the Patapsco River and six missing people are presumed dead after the Coast Guard called off rescue efforts. A work crew was fixing potholes on the bridge, which is used by roughly 30,000 people each day, when the ship struck at around 1:30 a.m. The accident has temporarily closed the Port of Baltimore, one of the largest and busiest on the East Coast of the United States. (Photo by Scott Olson/Getty Images)

U.S. Transportation Secretary Pete Buttigieg outlined Wednesday the immediate and longer-term priorities the Biden administration is pursuing in the aftermath of the Francis Scott Key Bridge collapse in Baltimore that left six presumed dead.

While many questions remained roughly 36 hours after a massive cargo ship struck the bridge and caused the deadly collapse, Buttigieg at a White House press briefing reiterated President Joe Biden’s pledge a day earlier for the federal government to fund the full cost of rebuilding the bridge.

The U.S. Coast Guard is also leading efforts to clear debris from the site to reopen operations at the busy Port of Baltimore, Vice Admiral Peter Gautier, the deputy commandant for operations for the Coast Guard, said at the briefing.

“It’s just too soon to say” exactly how much money or time will be needed to rebuild the bridge or open the port, Buttigieg told reporters.

“Rebuilding will not be quick or easy or cheap,” Buttigieg said. “But we will get it done.”

The U.S. Transportation Department received a preliminary estimate from the Maryland Department of Transportation around the time Buttigieg addressed reporters at the Wednesday afternoon briefing, he said.

He did not share the sum requested, but said the state’s official request would allow federal money to flow even before a full cost is known.

Congressional action likely needed

The bipartisan infrastructure law enacted in 2021 authorized funding for the Transportation Department’s emergency relief program, which would likely be a mechanism for federal funding, Buttigieg said, though he added it’s likely Congress will have to approve more emergency appropriations.

“It is certainly possible – I would go so far as to say likely – that we may be turning to Congress in order to help top-up those funds,” Buttigieg said. “But that shouldn’t be a barrier to the immediate next few days starting to get the ball rolling.”

The emergency relief account has about $950 million, Buttigieg said, “but also a long line of needs and projects behind that.”

The Federal Highway Administration’s emergency fund allocated about $560 million in fiscal 2024.

Asked if the companies that own and operate the ship involved, the Dali, would be made to pay for reconstruction, Buttigieg said the government would pursue accountability for “any private party found to be responsible,” but that Biden didn’t want to wait for that process to play out before sending funds to Maryland.

For the second day in a row, Biden spoke with Maryland Gov. Wes Moore, members of the state’s congressional delegation and local leaders and reiterated his administration’s support “every step of the way,” according to a White House pool report.

The administration could ease regulatory requirements to speed bridge construction, Buttigieg said, though he noted it was too early to know what regulations would be at play.

“We have a clear direction from the president to tear down any barriers, bureaucratic as well as financial, that could affect the timeline of this project,” he said.

Port reopening

Buttigieg did not have an estimate for how long it would take to rebuild the bridge or to reopen the port. The initial construction of the Key Bridge took five years in the 1970s, he said.

“That does not necessarily mean it will take five years to replace, but that tells you what went into that original structure,” he said. “So it is going to be some time.”

The port could be reopened before a new bridge is built, he said.

Debris from the collapsed bridge is blocking the shipping channel connecting the port to the Chesapeake Bay and the Atlantic Ocean. The remains of the bridge must be cleared before the port can restart operations.

Reopening the port is among the administration’s top priorities in the aftermath of the collapse.

The port is a major economic hub, directly supporting 8,000 jobs and about $2 million in wages daily, Buttigieg said.

The port also usually handles between $100 million and $200 million in cargo daily. But the disruption to shipping traffic is slightly less urgent, Buttigieg said.

Ships often visit the port as part of a run along the Eastern Seaboard, including the Port of New York and New Jersey and Virginia ports, he said. Cargo is already being diverted to other East Coast ports, he said.

“That said, the Port of Baltimore is an important port,” he said. “So for our supply chains, and for all the workers who depend on it for their income, we’re going to help to get it open as soon as safely possible.”

Investigation ongoing

Buttigieg declined to comment in detail on the investigation into the crash, which is being conducted by the National Transportation Safety Board, an independent agency.

The bridge, which opened in 1977, was not built to withstand the force of a 200-million-pound vessel crashing into a key structural feature, he said, casting doubt on whether any engineering feature could have helped.

“Part of what’s being debated is whether any design feature now known would have made a difference in this case,” Buttigieg said.

But, he said, if the NTSB determines anything that should be considered in regulations, inspections, designs or funding for bridges, the administration would “be ready to apply those findings.”

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Biden pledges federal dollars for ‘entire cost’ to rebuild collapsed Baltimore bridge https://www.criminaljusticepartners.com/briefs/biden-pledges-federal-dollars-for-entire-cost-to-rebuild-collapsed-baltimore-bridge/ Tue, 26 Mar 2024 20:01:37 +0000 https://www.criminaljusticepartners.com/?post_type=briefs&p=15990

The cargo ship Dali sits in the water after running into and collapsing the Francis Scott Key Bridge on March 26, 2024 in Baltimore, Maryland. According to reports, rescuers are still searching for multiple people, while two survivors have been pulled from the Patapsco River. A work crew was fixing potholes on the bridge, which is used by roughly 30,000 people each day, when the ship struck at around 1:30am on Tuesday. The accident has temporarily closed the Port of Baltimore, one of the largest and busiest on the East Coast of the U.S. (Photo by Kevin Dietsch/Getty Images)

President Joe Biden called Tuesday for the federal government to foot the bill to rebuild the Francis Scott Key Bridge in Baltimore following its collapse earlier in the day.

The ongoing search-and-rescue operation led by the U.S. Coast Guard is the top priority for now, Biden said in brief remarks from the White House on Tuesday afternoon.

The bridge collapsed around 1:30 a.m. Tuesday after a container ship struck it.

Biden said the federal government should fund all reconstruction costs. Congress would have to approve any federal funding.

“It’s my intention that the federal government will pay for the entire cost of reconstructing the bridge,” Biden said. “And I expect the Congress to support my effort. It’s going to take some time. The people of Baltimore can count on us, though, to stick with them every step of the way.”

Asked if the shipping company should be held responsible for the costs of reconstruction, Biden said the federal government should act before a determination of fault is made.

“That might be, but we’re not going to wait for that to happen,” he said. “We’re going to pay for it to get the bridge rebuilt and open.”

Biden’s public remarks came shortly after meeting with Maryland Gov. Wes Moore, Baltimore Mayor Brandon Scott, Baltimore County Executive John A. Olszewski Jr. and the Maryland congressional delegation, during which the president said he promised federal resources to rebuild the bridge and reopen the Port of Baltimore, which closed shortly after the bridge collapse.

“I told them we’re going to send all the federal resources they need as they respond to this emergency,” he said. “I mean all the federal resources. And we’re going to rebuild that bridge together.”

Biden said he would visit Baltimore “as quickly as I can.”

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Rep. Marjorie Taylor Greene files resolution to oust Mike Johnson as U.S. House speaker? https://www.criminaljusticepartners.com/2024/03/22/rep-marjorie-taylor-greene-files-resolution-to-oust-mike-johnson-as-u-s-house-speaker/ https://www.criminaljusticepartners.com/2024/03/22/rep-marjorie-taylor-greene-files-resolution-to-oust-mike-johnson-as-u-s-house-speaker/#respond Fri, 22 Mar 2024 19:24:07 +0000 https://www.criminaljusticepartners.com/?p=15866

U.S. Rep. Marjorie Taylor Greene, a Georgia Republican, speaks to reporters Friday, March 22, 2024, after filing a motion to vacate against Speaker Mike Johnson. (Screenshot from C-SPAN)

Georgia Republican U.S. Rep. Marjorie Taylor Greene filed a resolution Friday to remove U.S. House Speaker Mike Johnson from his position, using the same parliamentary measure that led to Johnson ascending to the speakership last year.

Following a bipartisan vote to approve the six remaining government spending bills for fiscal 2024, Greene filed a motion to vacate the office of the speaker of the House. The $1.2 trillion spending measure passed despite a slim majority of Republicans voting against it. House Republicans ousted Johnson’s predecessor, California’s Kevin McCarthy, over a similar situation.

“This is basically a warning,” Greene told reporters outside the Capitol after filing the motion. “It’s time for us to go through the process, take our time and find a new speaker of the House that will stand with Republicans and our Republican majority instead of standing with Democrats.”

Greene opted not to make the motion privileged, which would have forced a floor vote within days and scuttled a two-week recess set to begin Friday. House rules allow her to force a vote on the measure at any time.

Greene, a conservative who often antagonizes her party’s leadership, said she didn’t aim to “throw the House into chaos,” and wouldn’t put a time limit on her request.

But Greene indicated she will seek to evict Johnson at some point.

“I’m not saying that it won’t happen in two weeks or it won’t happen in a month or who knows when,” she said. “But I am saying the clock has started. It’s time for our conference to choose a new speaker.”

A spokesperson said Johnson will continue doing the job he was elected to do.

“Speaker Johnson always listens to the concerns of members, but is focused on governing,” Johnson spokesperson Raj Shah said in a statement. “He will continue to push conservative legislation that secures our border, strengthens our national defense and demonstrates how we’ll grow our majority.”

Second motion to vacate in five months

Because the measure is not privileged, the chamber will not vote on it at least until members return from recess.

Republicans, who lost more than three weeks of governing as they sought to replace McCarthy after Florida’s Matt Gaetz and seven other Republicans forced his ouster in October, may not be enthusiastic about enduring another round of leadership uncertainty.

Republicans voted to make the previously little-known Johnson speaker last October after the chamber was virtually frozen following McCarthy’s removal.

Greene “made a big mistake,” Rep. Clay Higgins, Johnson’s fellow Louisiana Republican, said in a video posted to X.

“To think that one of our Republican colleagues would call for (Johnson’s) ouster right now is really, it’s abhorrent to me,” Higgins said. “I stand with Mike Johnson. He is maybe the only guy in history that could potentially perform and help us navigate these very dark and challenging times.”

But because of the conference’s razor-thin 219-213 majority in the House, only a handful of defections from Johnson could force him from office just months into his speakership. That edge could shrink further in coming weeks as Wisconsin’s Mike Gallagher said Friday he will leave office April 19.

If all Democrats vote to remove Johnson — as they did with McCarthy — only three other Republicans, or two after Gallagher leaves, voting with Greene would be enough to remove him. That would force the House to again pause its other business to select a new speaker and risk another acrimonious period of House GOP infighting as the party seeks to unify ahead of November elections.

McCarthy’s removal was the first time the House successfully vacated a speaker.

It resulted from a deal the California Republican made in January 2023 to mollify House conservatives skeptical of him as speaker. McCarthy accepted a rules package that allowed a single member to file a motion to vacate.

Jennifer Shutt and Ashley Murray contributed to this report.

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U.S. Senate in bipartisan vote blocks Biden rule to reopen Paraguayan beef imports https://www.criminaljusticepartners.com/2024/03/21/u-s-senate-in-bipartisan-vote-blocks-biden-rule-to-reopen-paraguayan-beef-imports/ https://www.criminaljusticepartners.com/2024/03/21/u-s-senate-in-bipartisan-vote-blocks-biden-rule-to-reopen-paraguayan-beef-imports/#respond Thu, 21 Mar 2024 21:06:05 +0000 https://www.criminaljusticepartners.com/?p=15825

(USDA/FPAC photo by Preston Keres)

The U.S. Senate easily passed a resolution Thursday to repeal a Biden administration rule allowing for beef to be imported from Paraguay.

The measure, introduced by Democrat Jon Tester of Montana and Republican Mike Rounds of South Dakota, passed on a bipartisan 70-25 vote. The resolution was made under the Congressional Review Act, which allows Congress to undo executive branch rules within a certain timeframe.

The resolution targets a final rule the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service issued in November that allowed for importation of Paraguayan beef that met certain conditions, including that foot-and-mouth disease had not been diagnosed in the region for at least a year.

Until then, the U.S. had not allowed Paraguayan beef imports since 1997.

Tester and Rounds, who represent major beef-producing states, filed a Congressional Review Act resolution this month to reverse the rule.

They each took to the Senate floor Thursday to advocate for the measure.

Though the risk of foot-and-mouth disease may be low, the effects of just one outbreak would be disastrous for beef producers, Tester said.

“The truth is the administration butchered this decision,” Tester said. “I have serious concerns that Paraguay does not currently meet the animal health standards that are in place to award access to our markets.”

“American producers work tirelessly to produce the safest, highest-quality and most affordable beef in the entire world,” Rounds said. “Our consumers should be able to confidently feed their families beef that has met the rigorous standards required within the United States.”

A similar resolution has been introduced in the House by Rep. Ronny Jackson, a Texas Republican.

Last U.S. case in 1929

Foot-and-mouth disease is a virus that affects animals with split hooves, including common livestock like cows, pigs and sheep.

The U.S. last had a reported case in 1929, but other countries have seen more recent outbreaks. Paraguay reported an outbreak in 2012.

As of September 2022, cattle in South America were 98.6% free of the virus, according to the Pan American Health Organization. That was up from 85% in 2010.

The rule requires that meat can be exported if foot-and-mouth disease has not been diagnosed in the region for at least 12 months, if the meat comes from premises where the disease has not been present during the animals’ lifetimes and if the animals were inspected before and after death.

Geopolitical concerns

President Joe Biden’s administration opposed the congressional resolution, saying the USDA had gone through a robust review process and determined Paraguayan imports were low risk.

In a statement of administration policy, the White House said the rule would have minimal effect on domestic beef production and that overturning it would harm relations with Paraguay.

The resolution would “mark a significant setback in the United States-Paraguay bilateral relationship,” the Tuesday statement read, noting that U.S. adversaries including Russia and China ban Paraguayan beef over geopolitical disagreements.

“This resolution would amplify the false narratives pushed by our adversaries that the United States is not a reliable economic partner,” the administration statement said.

Tester, who is seeking reelection this year in a state that has trended increasingly Republican, has often bucked his party on issues affecting rural interests. He said geopolitical concerns were driving the administration move.

“I think the State Department is having a lot of influence on this decision,” he said.

Tester, the chairman of the Senate Appropriations Defense Subcommittee, said he is appreciative of the need to work with allies. But he said that objective shouldn’t compromise food safety.

“I share my colleagues’ concerns about what’s going on in China and Russia right now,” he said. “I understand the importance of strengthening alliances with partners all over the world, including Paraguay. But I’m telling you that we shouldn’t do it on the backs of hardworking American ranchers.”

Under the November rule, Paraguayan imports would be subject to the same quota level applied to countries in Latin America and elsewhere, the White House said. In part due to the quota, the Animal and Plant Health Inspection Service expected about 6,500 metric tons of Paraguayan beef would reach the U.S. annually.

U.S. inspectors haven’t visited Paraguayan sites since 2014, Tester and Rounds said in their speeches Thursday.

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Massive $1.2 trillion spending package that would avert a shutdown released by Congress https://www.criminaljusticepartners.com/2024/03/21/massive-1-2-trillion-spending-package-that-would-avert-a-shutdown-released-by-congress/ https://www.criminaljusticepartners.com/2024/03/21/massive-1-2-trillion-spending-package-that-would-avert-a-shutdown-released-by-congress/#respond Thu, 21 Mar 2024 12:22:18 +0000 https://www.criminaljusticepartners.com/?p=15786

A bipartisan agreement on government spending for the remainder of fiscal 2024 emerged just before 3 a.m. on Thursday, March 21, 2024. (Photo by Jennifer Shutt/States Newsroom)

 

WASHINGTON — Congress released the final six government funding bills early Thursday, starting off a sprint toward the Friday midnight deadline to wrap up work that was supposed to be finished nearly six months ago.

The bipartisan agreement on the $1.2 trillion spending package, which emerged just before 3 a.m., came less than two weeks after the U.S. House and Senate approved the other six annual appropriations bills.

This package includes the spending measures for some of the most crucial functions of the federal government — the departments of Defense, Education, Health and Human Services, Homeland Security, Labor, State and Treasury.

The bill would also fund Congress, the Executive Office of the President, the judiciary and the Social Security Administration.

The 1,012-page spending package provides money for hundreds of programs, including many that lawmakers will tout on the campaign trail heading toward the November elections. Included:

  • U.S. troops and civilian Defense Department employees will receive a 5.2% pay raise retroactive to Jan. 1, 2024.
  • The Federal Bureau of Investigation’s new headquarters project — which has not only divided Democrats and Republicans, but the congressional delegations from Virginia and Maryland — will receive $200 million for construction on the Greenbelt, Maryland, site via the General Services Administration.
  • States will get $55 million in new Election Security Grant funding.
  • Customs and Border Protection as well as Immigrations and Customs Enforcement will get more than $4 billion in funding increases.
  • Child care and early learning programs at the Department of Health and Human Services will receive a $1 billion increase in funding. The boost will go toward the Child Care and Development Block Grant, which provides grants to state, territorial and tribal agencies, and Head Start, which provides funding to local grantees.
  • The U.S. Capitol Police will receive a 7.8% funding increase.
  • Afghans who assisted the United States during the war would be eligible for an additional 12,000 Special Immigrant Visas.
  • The United Nations Relief and Works Agency, or UNRWA, the primary aid organization in Gaza, would be stripped of U.S. funding after Israel accused agency employees of taking part in Oct. 7 attacks.

Weekend work possible

Senate Majority Leader Chuck Schumer said Thursday morning the package clears “another hurdle towards our ultimate goal of funding the federal government.”

“This funding agreement between the White House and Congressional leaders is good news that comes in the nick of time: When passed it will extinguish any more shutdown threats for the rest of the fiscal year, it will avoid the scythe of budget sequestration and it will keep the government open without cuts or poison pill riders,” he said. “It’s now the job of the House Republican leadership to move this package ASAP.”

After the House votes to approve the package, likely Friday, Schumer said, “the Senate will need bipartisan cooperation to pass it before Friday’s deadline and avoid a shutdown.”

Senate Minority Leader Mitch McConnell, a Kentucky Republican, said Wednesday during a press conference he expected senators would be in session this weekend to take final votes on the package.

“My assumptions and what I’ve told our members is we’re likely to be here this weekend. That will be determined, however, by how long it stays in the House,” McConnell said.

“And when it’s over here, what we have recently done — and I think hopefully will work again — is that in return for a certain number of amendments, we can finish it quicker, hopefully, than putting us in the position of shutting down the government,” McConnell added.

Speaker Mike Johnson, a Louisiana Republican, said in a written statement the package would claw back $20.2 billion from the Internal Revenue Service funding that Democrats included in their signature climate change and tax package and $6 billion in unused COVID-19 funds.

On immigration, the funding package “cuts funding to NGOs that incentivize illegal immigration and increases detention capacity and the number of Border Patrol Agents to match levels in the House-passed appropriations bill and the Secure the Border Act (H.R. 2),” he said, referring to non-governmental organizations.

The package also includes funding for the nation’s defense. “This FY24 appropriations legislation is a serious commitment to strengthening our national defense by moving the Pentagon toward a focus on its core mission while expanding support for our brave men and women who serve in uniform,” Johnson said. “Importantly, it halts funding for the United Nations agency which employed terrorists who participated in the October 7 attacks against Israel.”

More than $1B to reduce child care costs

Senate Appropriations Chair Patty Murray, a Washington state Democrat, said in a written statement that she was “proud to have secured $1 billion more to lower families’ child care costs and help them find pre-K — a critical investment to help tackle the child care crisis that is holding families and our economy back.”

“From day one of this process, I said there would be no extreme, far-right riders to restrict women’s reproductive freedoms — and there aren’t,” Murray said. “Democrats stood firm to protect a woman’s right to choose in these negotiations and focused on delivering investments that matter to working people.”

Democratic lawmakers, Murray said, “defeated outlandish cuts that would have been a gut punch for American families and our economy — and we fought off scores of extreme policies that would have restricted Americans’ fundamental freedoms, hurt consumers while giving giant corporations an unfair advantage, and turned back the clock on historic climate action.”

The House and Senate must debate and approve the measure in less than two days under the stopgap funding agreement, otherwise a weekend funding lapse would begin. If it went on beyond the brief period of the weekend, a partial government shutdown would begin.

The House can easily hold a vote within that timeline, but the Senate will need to reach agreement among all 100 of its members in order to avoid casting votes past that benchmark.

Here’s a look at where Congress increased funding and where it cut spending on these six government funding bills for fiscal year 2024, which began back on Oct. 1.

Defense

Congress plans to spend $824.5 billion on the Defense spending bill, which predominantly funds the Pentagon, Army, Navy, Air Force, Marine Corps, the Central Intelligence Agency and the Office of the Director of National Intelligence.

That bill includes funding for a 5.2% pay raise for military and civilian defense employees that will be retroactive to Jan. 1, 2024. The basic allowance for housing will increase by 5.4% and the basic allowance for sustenance will increase by 1.7%.

That total spending level would be divvied up among several core programs, including $176.2 billion for military personnel, an increase of $3.5 billion; $287.2 billion for operations and maintenance, $9.1 billion above current levels; $172 billion for procurement of military equipment, $9.8 billion more than the enacted level; and $148.3 billion for research and development, an $8.6 billion increase, according to a House GOP summary and a summary from House Democrats.

The Israeli Cooperative Missile Defense Programs would get $300 million for research and testing as well as $200 million for procurement, including for the Iron Dome and David’s Sling. An additional $300 million would go toward the Ukraine Security Assistance Initiative.

Senate Defense Appropriations Subcommittee Chair Jon Tester, a Montana Democrat, said in a statement the bill “will invest in our ability to stay ahead of the threat of China, defend our country from foreign adversaries while standing firm with America’s allies, and take care of our servicemembers and their families.”

The joint explanatory statement that accompanies the bill calls on the Department of Defense to look into why the military is having difficulty recruiting.

“The Military Services are in the midst of one of the greatest recruiting crises since the creation of the all-volunteer force,” it says. “Since retention of enlisted servicemembers remains strong, those who continue to serve will promote to more senior grades, leaving a distressing shortfall in junior enlisted servicemembers, who account for 40 percent of the total active U.S. military force. The Nation needs America’s youth to strongly consider uniformed service.”

The package calls on the Defense Department to “conduct an independent survey to better understand the failure of recruitment efforts by the services,” according to House Republicans’ summary of the bill.

The secretary of Defense must also brief the Defense Appropriations subcommittees on a proposal to increase the pay for junior enlisted troops.

Financial Services and General Government?

The Financial Services and General Government bill — which funds the U.S. Treasury Department, Executive Office of the President, judiciary and more than two dozen smaller programs — would receive $26.1 billion in funding. That’s about $1.1 billion below the current funding levels for those programs.

Senate FSGG Appropriations Subcommittee Chair Chris Van Hollen, a Maryland Democrat, said in a written statement the “bipartisan legislation invests in these critical priorities for our nation and more — including providing key resources to tackle the opioid epidemic and the necessary funding to build the new FBI headquarters in Greenbelt, Maryland.”

“Building an economy that works for everyday Americans requires supporting our small businesses and community-based lenders, protecting consumers, building out our broadband infrastructure, and ensuring the security of our financial system,” Van Hollen said.

The Department of Treasury would receive $14.2 billion, a $22.9 million reduction to its current funding levels. Of that total funding level, $12.3 billion would go to the Internal Revenue Service, equal to its current funding, and $158 million would go toward the Alcohol and Tobacco Tax and Trade Bureau, according to a bill summary from House Democrats.

The Judiciary would get more than $8.6 billion to operate the U.S. courts, including the District Courts, Courts of Appeals and other judicial services. That funding level is an increase of nearly $170 million.

It provides $129 million for salaries and expenses of the U.S. Supreme Court and $20 million to care for the building and its grounds, according to the joint explanatory statement.

The bill includes $791 million in funding for the District of Columbia, a decrease of $1 million. That includes $40 million in residential tuition support, $30 million in emergency and security costs, $8 million in upgrades to sewer and water treatment and $4 million in HIV/AIDS testing and treatment, according to a bill summary from House Democrats.

The Executive Office of the President would receive about $872.5 million — a $6 million decrease from the 2023 fiscal level, according to a bill summary from Democrats.

That includes $114 million for the Office of Administration, $19 million for the National Security Council, $22 million for the Office of National Cyber Director and $457 million for the National Drug Control Policy.

The bill would provide the U.S. Consumer Product Safety Commission with about $151 million in funding, a decrease of $1.5 million. The bill bars CPSC from issuing a ban on gas stoves, “which would reduce consumer choice,” according to a House GOP bill summary.

That policy provision would prohibit CPSC from “promulgating, implementing, administering, or enforcing any regulation to ban gas stoves as a class of products,” according to the explanatory statement.

CPSC has not made any regulatory action to ban gas stoves. Agency officials have expressed concern about indoor air quality of gas stoves and the agency is researching the impacts on human health of those indoor gas emissions.

The Election Assistance Commission would receive a cut of $280,000 in funding for a total level of $27.7 million.

A total of $55 million from that allocation would go toward Election Security Grants “to make payments to states for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements,” according to the explanatory statement.

Homeland Security?

Congress plans to spend $62 billion on the Department of Homeland Security, including upgrading technology to screen for narcotics like fentanyl at U.S. ports of entry and an additional $495 million in funding to hire 22,000 border patrol agents.

The bill provides U.S. Customs and Border Protection with $19 billion, a $3 billion increase above current levels, and more than $9.6 billion to Immigration and Customs Enforcement, or ICE, an increase of $1.1 billion.

It puts in place policy requirements for detention centers, such as barring contracts with private companies that do not meet inspection standards, and providing an additional $3 million to expand the use of ICE body cameras, according to the explanatory statement.?

The legislation would require the Department of Homeland Security to publish data on the 15th of every month on the total detention capacity and the number of “got aways” and people “turned back” at the southern border, according to the joint explanatory statement.

DHS refers to people as “got aways” when an individual is observed making an unauthorized entry into the U.S. and is not turned away, or apprehended. That data is not publicly available.

The Office of the Secretary and Executive Management would get $404 million, an increase of about $20 million. About $30 million of that funding would go “to support the safe reunification of families who were unjustly separated at the U.S.-Mexico border by the Trump Administration,” according to House Democrats’ summary of the bill.

The bill provides $5.1 billion for Enforcement and Removal Operations, an increase of $900 million above current funding. Of that, $355 million would go toward 41,500 detention beds.

The bill would appropriate $11.8 billion for the U.S. Coast Guard, a $122.7 million boost; $10.6 billion for the Transportation Security Administration, an increase of $1.2 billion; and $25.3 billion for the Federal Emergency Management Agency, a funding cut of $72.9 million.

The FEMA funding would go toward several projects, with $20 billion of those funds for disaster relief.

Labor-HHS-Education?

The bill would appropriate $13.7 billion for the Labor Department, $145 million less than current funding levels and $79 billion for the Education Department, a cut of $500 million, according to the House GOP summary.

The Health and Human Services Department would get $116.8 billion, or about $3.9 billion less than the $120.7 billion provided during the last fiscal year. The House Democrats’ summary of the bill, however, says that when earmarks are factored into the total spending level, HHS would get a $955 million increase.

Senate Labor-HHS-Education Subcommittee Chair Tammy Baldwin, a Wisconsin Democrat, said in a written statement the bill “helps take on the fentanyl and opioid crisis, expand access to affordable child care, invest in critical mental health and affordable health care programs, and connect Americans with the education and workforce training they need to land good-paying jobs.”

Funding for HHS would go to numerous health programs, including a $300 million increase to the National Institutes of Health for a total spending level of $48.6 billion.

The Centers for Disease Control and Prevention would get $9.2 billion, more than $4.5 million above its current funding level.

Title X family planning grants would get $286 million in funding, the same amount they currently receive, despite House Republicans proposing to completely eliminate the program.

The Administration for Strategic Preparedness and Response, a central component of the nation’s response to the COVID-19 pandemic and the mpox outbreak, would get $3.6 billion, a $5 million increase.

Of that total spending level, $1 billion would go toward the Biomedical Advanced Research and Development Authority and $980 million would go to the Strategic National Stockpile. That represents an increase of $65 million and $15 million, respectively.

The bill includes a $1 billion increase in funding for child care and early learning programs within HHS, according to Senate Democrats’ summary of the legislation.

The Child Care and Development Block Grant would see a $725 million, 9%, increase in funding compared to current levels, for a total appropriation of $8.8 billion. Another $12.27 billion would go toward Head Start programs, a boost of $275 million over the current level.

“Sustained annual increases to our federal investments in child care and Head Start are critical in tackling the child care crisis and helping to ensure more families can find and afford the quality, affordable child care and early childhood education options they need,” Senate Democrats’ summary says. “With the new investments provided in this bill, annual discretionary funding for CCDBG and Head Start over the last three fiscal years has increased by $4.4 billion.”

The Education Department’s spending would go to numerous initiatives, including $24.6 billion for student financial aid programs.

Pell Grants, which go to about 7 million lower-income college students, would continue to have a maximum award of $7,395 during the 2024-2025 academic year. The Federal Work Study program for college students would also get equal funding at $1.2 billion.

The Labor-HHS-Education bill continues to include the so-called Hyde Amendment, which prohibits federal funding from being used for abortions with exceptions for rape, incest, or the life of the pregnant person.

The decades-old provision, first added in the 1970s in a slightly different form, affects patients in federal health care programs like Medicaid and Medicare.

Similar provisions on abortion access exist throughout many of the other government funding bills.

Legislative Branch

The Legislative Branch Appropriations bill includes $6.75 billion for operations in the Capitol, including funding related to the summer’s party conventions and the presidential inauguration in January 2025.

The bill would boost funding for the U.S. Capitol Police to $792 million, a 7.8% increase from fiscal 2023.

The measure includes funding for retention and recruitment programs of Capitol Police officers, including student loan payments and tuition reimbursements. Capitol Police officers, the force responsible for security at the Capitol complex, reported lower morale in the aftermath of the Jan. 6, 2021, attack on the U.S. Capitol.

“This is an essential investment in democracy and oversight that bolsters the legislative branch’s capacity to better serve the public,” said Sen. Jack Reed, a Rhode Island Democrat who chairs the Legislative Branch Appropriations Subcommittee. “This bill delivers the funding and infrastructure required for the U.S. Capitol Police to safeguard the Capitol complex and keep it accessible to the public.”

A joint explanatory statement accompanying the bill says the measure would allow $2 million for Capitol Police to protect members of Congress outside the Capitol complex but within the Washington, D.C., region. Members have experienced increased threats in recent years.

The measure also includes funding for quadrennial events related to the presidential election.

Capitol Police would receive $3.2 million for overtime to support the national political conventions — Republicans’ in Milwaukee and Democrats’ in Chicago — over the summer and to prepare for the inauguration in January.

Inauguration Day is in the next fiscal year, which begins in October, but expenses associated with preparing for it could be incurred this year. The bill would allocate nearly $3.7 million for salaries and expenses associated with the inauguration.

The bill would provide $16.6 million for Capitol grounds, House and Senate offices and the Capitol Power Plant.

The measure includes a provision that would claw back unspent funds from members’ Representational Allowances, the accounts that reimburse senators and representatives for official expenses. Unspent funds from those accounts would be used to pay down the national debt.

The measure includes a longstanding policy freezing members’ pay.

State-Foreign Operations?

Congress plans to allocate just over $58.3 billion for the Department of State, U.S. Agency for International Development and other related programs, including refugee emergency assistance and diplomatic activities.

Republican lawmakers are touting an overall cut to the bill — down from last year’s $59.7 billion total.

The bill includes $11.8 billion for the U.S. State Department and USAID and $10.3 billion for international development, including a loan to the International Monetary Fund to provide economic relief for some of the world’s poorest nations.

The bill allocates $10 billion for global health initiatives that focus on combating HIV/AIDS, malaria and tuberculosis, as well as providing vaccination programs for children.

Of that health funding, Democrats cheered that the bill “protects longstanding funding,” as highlighted by Murray’s office, for family planning and reproductive health services in poor nations around the globe, for which nearly $524 million is allocated, remaining at the same level as the current spending level.

Funding appropriated to the president for multilateral assistance to international organizations and programs — ranging from the United Nations Intergovernmental Panel on Climate Change to programs for victims of torture — is set to drop to $436.9 million from last year’s funding level of $508.6 million.

That reduction, in part, reflects current political tension over the Israel-Hamas war.

Absent from the bill are funds to the United Nations Relief and Works Agency, or UNRWA, a primary humanitarian organization in the Palestinian Gaza Strip and West bank territories. Many Western nations cut UNRWA funding after Israel accused 13 of its employees of taking part in the Oct. 7 attacks and many more of sympathizing with Hamas and other militant groups. The agency received $75 million from the U.S. in fiscal year 2023.

Another notable absence from the bill is funding for the UN High Commissioner on Human Rights, which received $17.5 million from the U.S. in last year’s funding bill.

Republicans celebrated the elimination of funding for the agency’s inquiry into human rights abuses in Palestinian territories, which the UN Human Rights Council opened after a flare up of violence in May 2021. The inquiry began to collect evidence of war crimes “committed by all sides” shortly after Hamas attacked southern Israel on Oct. 7, killing some 1,200 and taking roughly 240 hostages.

The bill will meet the annual U.S. $3.3 billion commitment to Israel this year among the $8.9 billion in security assistance to foreign governments.

The funding roadmap for U.S. international activities extends several programs, notably authorizing an additional 12,000 Special Immigrant Visas for Afghans who assisted the U.S. during its war in Afghanistan.

This story has been updated.

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Biden says it’s ‘vital’ for U.S. Steel to remain owned and operated by Americans https://www.criminaljusticepartners.com/2024/03/14/biden-says-its-vital-for-u-s-steel-to-remain-owned-and-operated-by-americans/ https://www.criminaljusticepartners.com/2024/03/14/biden-says-its-vital-for-u-s-steel-to-remain-owned-and-operated-by-americans/#respond Thu, 14 Mar 2024 18:45:29 +0000 https://www.criminaljusticepartners.com/?p=15590

U.S. President Joe Biden speaks during a campaign event at Montgomery County Community College Jan. 5, 2024 in Blue Bell, Pennsylvania. (Photo by Drew Angerer/Getty Images)

U.S. Steel should remain a domestically owned and operated company, President Joe Biden said Thursday, implicitly rejecting an attempt by the Japanese company Nippon Steel to buy the iconic U.S. manufacturer.

Biden issued a brief written statement Thursday morning that did not name Nippon, which announced a deal in December to acquire Pittsburgh-based U.S. Steel.

“It is important that we maintain strong American steel companies powered by American steel workers,” Biden said. “I told our steel workers I have their backs, and I meant it. U.S. Steel has been an iconic American steel company for more than a century, and it is vital for it to remain an American steel company that is domestically owned and operated.”

The White House in December called for “serious scrutiny” of the $14.1 billion deal, which is under review by the Committee on Foreign Investment in the United States, an executive branch body.

Pennsylvania’s U.S. Sens. Bob Casey and John Fetterman, both Democrats, have opposed the deal and applauded Biden’s statement.

“Pennsylvania workers are the American steel industry’s greatest asset,” Casey said in a news release. “I have long held concerns that this sale could be a bad deal for our workers, and I share President Biden’s commitment to maintaining an American steel industry. My number one priority is protecting union jobs in the Mon Valley and I’ll work like hell against any deal that leaves our Steelworkers behind.”

Fetterman tweeted a screenshot of a Reuters headline indicating Biden would oppose the deal and added his own encouragement to block the deal.

“Jam this up,” he wrote. “Stand with (the United Steelworkers union.) Steel is national Security. Thank you @POTUS for standing with these union members and steel communities like mine.”

In a statement, United Steelworkers International President David McCall said the union welcomed Biden’s comments and shared his concerns over the deal’s long-term implications.

“Allowing one of our nation’s largest steel manufacturers to be purchased by a foreign-owned corporation leaves us vulnerable when it comes to meeting both our defense and critical infrastructure needs,” McCall said. “The president’s statements should end the debate: U.S. Steel must remain ‘domestically owned and operated.’”

Representatives for U.S. Steel and Nippon Steel did not immediately return messages seeking comment.

Review process unclear

A website bearing the imprints of both U.S. Steel and Nippon Steel says “no jobs will be lost as a result of the transaction.”

But that pledge is nonbinding, according to an aide to a senator opposed to the deal, and skeptics worry the promise is mere lip service.

It is unclear exactly what power the administration holds to block the deal.

The CFIUS review process is somewhat secretive and not well understood. The interdepartmental committee is chaired by the Treasury secretary and is composed of other high-ranking presidential appointees, including the attorney general and secretaries of Homeland Security, Commerce, Defense, State and Energy.

Casey, Fetterman and U.S. Rep. Chris Deluzio, a Democrat from Western Pennsylvania, wrote a letter to Treasury Secretary Janet Yellen shortly after the deal’s announcement in December asking CFIUS to block the deal for national security concerns.

The committee should consider whether the merger would cede control of a key domestic industry to a foreign interest, they wrote.

While Nippon’s home country of Japan is not a foreign adversary, the company does business and operates facilities in China, the lawmakers added. A Commerce Department investigation also determined Nippon sold some products below market value, they said.

“We question whether a foreign company that has been found to be dumping steel into the U.S. market at prices below fair market value is the best buyer for U.S. Steel,” the Pennsylvania Democrats wrote. “Of further concern, Nippon Steel has facilities in the People’s Republic of China, a foreign adversary of the U.S.”

U.S. Steel as a global economic force has diminished since its height as the world’s first billion-dollar corporation in the early 20th century. In 2020 and 2021, it was the 27th-largest steel producer in the world, according to a list compiled by the international trade group World Steel Association. The same list ranked Nippon fourth.
But the company still represents a major industry, especially in Pennsylvania. Winning over the company’s unionized workforce could be crucial to Biden’s campaign in the key swing state this year.

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After two months of primaries and caucuses, Biden, Trump clinch their nominations https://www.criminaljusticepartners.com/2024/03/13/after-two-months-of-primaries-and-caucuses-biden-trump-clinch-their-nominations/ https://www.criminaljusticepartners.com/2024/03/13/after-two-months-of-primaries-and-caucuses-biden-trump-clinch-their-nominations/#respond Wed, 13 Mar 2024 23:05:45 +0000 https://www.criminaljusticepartners.com/?p=15550

The uncertainty that comes with unresolved litigation could risk voter confusion in the fall, especially if there are late rule changes, some experts warn. But voting advocates say court rulings that favor voters are welcome, even if they come late in the game.(Photo by Mario Tama/Getty Images)

The rematch is set.

President Joe Biden and former President Donald Trump clinched their parties’ nominations for president by winning state primaries Tuesday, setting up the same choice voters saw in the 2020 election.

Both candidates are unpopular with the general electorate, but neither faced serious hurdles to their nominations in the states that have held presidential nominating contests.

Early polls of the November election show Trump with a slim lead at the national level and in key swing states.

Control of both chambers of Congress will also be at stake in November. Democrats face a disadvantage in defending their U.S. Senate majority, while House Republicans’ effort to keep their slim majority will hinge on a handful of key races.

Biden, who defeated Trump’s reelection attempt in 2020, won Democratic primaries in Georgia, Mississippi and Washington state on Tuesday, giving him 2,107 delegates. The Democratic National Committee rules required a candidate to secure 1,968 delegates to clinch the nomination.

Democrats will officially nominate Biden at their national convention in Chicago from Aug. 19 to 22.

Trump swept Republican primaries and caucuses in Georgia, Hawaii, Mississippi and Washington on Tuesday, giving him 1,241 delegates so far. He needed 1,215 to clinch the nomination.

Republicans will make him their presidential nominee for the third straight cycle at their convention in Milwaukee July 15-18.

The candidates clinched nominations after only about half of states held nominating contests. The process, which Republicans kicked off Jan. 15 with the Iowa caucuses and the Democrats started with their first official primary in South Carolina in February, is designed to take months, as only a few states generally hold contests in any given week.

To win in November, the candidates already are focused on a handful of swing states – Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin – that will award 93 of the 270 electoral votes needed to win the White House.

Biden: ‘Freedom and democracy are at risk’

In a statement on becoming the presumptive Democratic nominee, Biden harked back to his successful 2020 campaign against Trump. He reminded voters he considered the 2020 race “a battle for the soul of the nation.”

He said the country was “in the middle of a comeback” and framed the upcoming rematch with Trump as another crucial crossroads for the country’s democratic future, much as in his State of the Union speech.

“Amid this progress, we face a sobering reality: Freedom and democracy are at risk here at home in a way they have not been since the Civil War,” he said. “Donald Trump is running a campaign of resentment, revenge, and retribution that threatens the very idea of America.”

Biden, whose disapproval rating is 18 percentage points higher than his approval rating, according to an average compiled by FiveThirtyEight, will likely seek to make much of the race about Trump, whose net approval rating is also in the negative double-digits.

Trump issued his own statement on his social media platform, Truth Social, that celebrated a “UNITED and STRONG” Republican Party and blasted Biden for his handling of inflation and immigration and the Justice Department’s prosecutions of the former president.

“We are now, under Crooked Joe Biden, a Third World Nation, which uses the Injustice System to go after his political opponent, ME!” Trump wrote. “But fear not, we will not fail, we will take back our once great Country, put AMERICA FIRST, and MAKE AMERICA GREAT AGAIN – GREATER THAN EVER BEFORE.”

Trump’s choice for his next running mate will likely come in the weeks leading up to the July convention. Trump and his vice president, Mike Pence, had a public rift over Trump’s handling of the 2020 election loss and conduct leading up to the Jan. 6, 2021, attack on the U.S. Capitol.

Trump pressured Pence to reject the certification of the electoral votes, which Pence was not authorized to do, and took hours to intervene as a mob of his supporters, some chanting, “Hang Mike Pence,” caused mayhem at the Capitol.

Legal troubles no bar to GOP nomination

Trump faces felony charges in four cases, including two related to the Capitol attack, any of which on their own are unprecedented for a major-party nominee.

But even together, the spate of legal troubles did not deter GOP voters who clearly backed him in early states. He led in polls in the months leading up to the first contests, then won a slim majority in a multi-candidate field in Iowa, forcing most of the other candidates to drop out.

In the second contest, New Hampshire’s primary, he won a head-to-head race that was considered the most favorable territory for his last rival, former United Nations Ambassador and South Carolina Gov. Nikki Haley.

After winning races in Nevada and Michigan, Trump also bested Haley by more than 20 percentage points in her home state on Feb. 24.

Haley won the March 3 primary in the District of Columbia, becoming the first woman to win a GOP presidential primary, and the Vermont primary two days later, on Super Tuesday, when 865 delegates were at stake in all those states.

She dropped out of the race after Super Tuesday but has not endorsed Trump.

Because Trump has a majority of delegates, the upcoming Republican presidential primaries in Arizona, Florida, Illinois, Kansas and Ohio next week will be formalities, though some states are also holding congressional primaries.

Biden coasts despite concern over Gaza

Biden easily won the Democratic kickoff state of South Carolina, which the party chose this cycle to replace Iowa as the first-in-the-nation contest, in part because of Biden’s strength with the state’s Black Democratic electorate.

More than 95% of Democrats in South Carolina backed Biden in the Feb. 3 contest and nearly 90% voted for him later that week in Nevada’s primary.

Neither U.S. Rep. Dean Phillips of Minnesota nor author Marianne Williamson bested Biden in any state.

But Muslim voters and progressives in the party sent a dissenting message, starting with the party’s third official race in Michigan in late February.

More than 100,000 Michigan Democrats, 13.2% of primary voters, selected “uncommitted” rather than vote for Biden or any of the other declared candidates. The protest vote that denied the incumbent two of the state’s 117 delegates was seen as a rebuke of Biden’s handling of Israel’s war with Hamas in the Gaza Strip.

A week later, on Super Tuesday, 18% of Minnesota Democrats selected “uncommitted,” reserving 11 of the 75 delegates at stake in the race.

The discontent with Biden did not meaningfully help Phillips’ long shot bid, and the moderate House member suspended his campaign after receiving less than 8% of the vote in his home state.

Phillips’ futility against Biden was clear from the first, unsanctioned Democratic primary in New Hampshire.

After the Granite State refused to give up its first-primary status even after the Democratic National Committee selected South Carolina for that position, Biden didn’t campaign or even appear on the ballot there but still managed 65% as a write-in candidate to Phillips’ 20%.

Control of Congress

To maintain their 51-49 edge in the U.S. Senate, including the three independent senators grouped with them for the purposes of organization, Democrats have virtually no margin for error.

Retiring West Virginia Democrat Joe Manchin III’s seat is almost certain to flip to the state’s Republican Gov. Jim Justice.

Assuming the party change in West Virginia, Democrats would have to sweep the remaining competitive races, several of which are in Republican-leaning states. Virtually no Republican incumbents are considered at risk of losing their seats.

Inside Elections, an elections analysis site, considers Democratic Sens. Jon Tester of Montana and Sherrod Brown of Ohio toss-ups in their reelection races.

Independent Sen. Kyrsten Sinema of Arizona is not pursuing reelection and that state’s race between U.S. Rep. Ruben Gallego, a Democrat, and Republican Kari Lake is also considered a toss-up.

Democratic Sens. Bob Casey in Pennsylvania and Jacky Rosen in Nevada are considered slight favorites in their reelection races, and Democrats are slightly favored to retain the Michigan seat now held by retiring Democrat Debbie Stabenow.

Neither party has as solid an advantage in the House, with various forecasters listing about 20 toss-up races that will determine control. Democrats would need a net gain of four seats to win back control of the chamber.

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Five major takeaways from the Biden budget request https://www.criminaljusticepartners.com/2024/03/11/five-major-takeaways-from-the-biden-budget-request/ https://www.criminaljusticepartners.com/2024/03/11/five-major-takeaways-from-the-biden-budget-request/#respond Mon, 11 Mar 2024 20:07:30 +0000 https://www.criminaljusticepartners.com/?p=15387

President Joe Biden in his fiscal 2025 budget request unveiled on Monday, March 11, 2024, outlined plans for an expanded child tax credit, a faster pace of implementation to allow Medicare to negotiate drug prices, strategies to lower college costs and more. In this photo, Biden delivers remarks on canceling student debt at Culver City Julian Dixon Library on Feb. 21, 2024, in Culver City, California. (Photo by Mario Tama/Getty Images)

President Joe Biden’s budget request for fiscal 2025 would continue several administration goals to lower costs for most families while raising taxes on the wealthy and corporations, spend on climate initiatives and provide aid to U.S. partners abroad.

The $7.266 trillion budget request that calls for expanding the child tax credit, funding overseas partners and increasing taxes on the wealthy proposes several new or revamped programs. It will be up to Congress in the coming months to act on or reject Biden’s initiatives.

Here are five main takeaways from a fact sheet accompanying the budget:

Household costs

The budget calls for several policy changes and increases to social programs meant to bring down costs for most households.

Some of those provisions include:

  • Low-cost child care: The budget request proposes a new program to allow families that earn less than $200,000 guaranteed access to low-cost child care from birth to kindergarten. Consumer costs for the program would be on a sliding scale, with the families with the lowest incomes paying close to nothing.

The program would be available to more than 16 million children, with another 2 million served by increased funding for Child Care and Development Block Grants.

  • Expanded child tax credit: The request calls for restoring the child tax credit to the temporary level Congress set during the pandemic. The change would make 18 million low-income families eligible for a full tax credit, according to a White House fact sheet.
  • Housing: The budget would provide $258 billion to build or preserve more than 2 million housing units.

The plan allocates $1.3 billion for the Home Investment Partnerships Program, a state and local block grant program to construct and rehabilitate affordable housing.

The budget also calls for creating a new tax credit for first-time homebuyers and sellers. The $10,000 credit could be used by “middle-class families” buying their first home or selling their starter home.

  • College costs: The budget includes $12 billion “that will fund strategies to lower college costs for students,” according to the fact sheet.
  • Health care: The budget calls for increasing the pace of implementation for an Inflation Reduction Act provision to allow Medicare to negotiate drug prices. Democrats’ 2022 taxes, climate and policy law set a timeline for the federal government to negotiate prices of certain drugs. The budget proposal would speed up that timeline.

The same law capped the price of insulin at $35 per month for people on Medicare. During consideration of that law in August 2022, Republicans stripped a provision that would require the commercial market to use the same cap. Monday’s budget request calls for placing a cap on insulin obtained in the private sector.

The budget would also provide “Medicaid-like coverage” to people in states that have not adopted Medicaid expansion. It would also provide states that did expand Medicaid financial incentives to maintain those expansions.

Taxes

The budget seeks to lower the federal deficit, primarily by increasing taxes on the wealthy and some corporations. The proposed changes would make “the wealthy and large corporations pay their fair share,” the fact sheet said.

  • Reduce 2017 corporate tax cut: The budget calls for raising the corporate tax rate to 28%, splitting the difference between the 21% rate set in the 2017 tax law a Republican Congress passed during President Donald Trump’s term and the 35% rate that existed before that law.
  • Raise the corporate minimum tax: The budget would also increase the corporate minimum tax included in the Inflation Reduction Act from 15% to 21%.
  • “Billionaire” tax: The budget would seek to override loopholes and other tax provisions that allow the extremely wealthy to pay a lower effective tax rate than many working-class taxpayers by establishing a 25% minimum tax rate on people with wealth of more than $100 million.

Safety net

The budget includes a few provisions meant to strengthen the social safety net and provide protections for families.

  • Expanded family and medical leave: The budget would establish a 12-week minimum for eligible workers to take paid time off after the birth of a child, to care for a family member, recover from their own medical issue, adapt to a family member’s military deployment or “find safety from domestic violence, sexual assault or stalking.”
  • Sick leave: The budget also proposes requiring seven days of paid sick leave for all employees.
  • WIC: The proposal would “fully fund” the U.S. Agriculture Department’s Special Supplemental Nutrition Program for Women, Infants and Children, with $7.7 billion going toward the program. Secretary Tom Vilsack and others have warned for months that eligible families are at risk of losing access to WIC if funding is not increased. The proposed funding level would allow the program to grow from 6.2 million individuals in 2021 to 7 million.
  • Homelessness: The budget includes $4.1 billion for Homeless Assistance Grants to support about 1.2 million people experiencing homelessness.

Climate

Monday’s budget request includes new and continued funding to maintain a focus on climate initiatives.

  • Expand climate corps: The budget calls for expanding the American Climate Corps program that launched last year with 20,000 workers. Under the proposal, funding for the program would be made mandatory and the corps would expand to 50,000 workers by 2031.
  • Clean energy: The proposal calls for $1.6 billion for Department of Energy programs supporting renewable energy projects across the country. The funding would go toward retrofitting homes, manufacturing renewable energy components and supporting a more secure and reliable electric grid.
  • Climate resilience: The budget includes $23 billion for climate adaptation and resilience meant to address the increasingly severe droughts, floods, wildfires and other disasters associated with climate change.

Repeat supplemental request

After Republicans in the U.S. House rebuffed the administration’s October request for supplemental funding for Ukraine, Israel, Indo-Pacific regional partners and the U.S.-Mexico border, Biden included items from that request in Monday’s full-year budget request.

“The Budget includes, and therefore reiterates the need for, the unmet needs from the October supplemental request,” the fact sheet reads.

The renewed request includes:

  • $92 billion in foreign aid for Ukraine, Israel and Indo-Pacific partners such as Taiwan.

The funding for Israel, which is at war with Hamas in the Gaza Strip after a terrorist attack in October, also includes humanitarian aid for Palestinian civilians. The administration has come under increasing pressure from progressive Democrats to withhold military funding for Israel as civilian casualties mount in Gaza and basic supplies continue to be scarce.

  • The budget also repeats a request for $13.6 billion for border and migration programs to provide 1,600 new asylum officers, 1,300 new Border Patrol agents and 1,000 additional Customs and Border Protection officers.
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Alabama’s Britt blasts Biden on economy, immigration in GOP State of the Union reply https://www.criminaljusticepartners.com/2024/03/08/alabamas-britt-blasts-biden-on-economy-immigration-in-gop-state-of-the-union-reply/ https://www.criminaljusticepartners.com/2024/03/08/alabamas-britt-blasts-biden-on-economy-immigration-in-gop-state-of-the-union-reply/#respond Fri, 08 Mar 2024 05:36:03 +0000 https://www.criminaljusticepartners.com/?p=15256

U.S. Sen. Katie Britt of Alabama delivered the Republican response to the State of the Union on Thursday, March 7, 2024. (Screenshot from C-SPAN)

First-term U.S. Sen. Katie Britt of Alabama delivered the Republican response to President Joe Biden’s State of the Union address Thursday night, and laid blame on Biden for a host of national and international crises — what she said is chaos at the border, in cities, in the economy and among U.S. allies.

Britt stuck mostly to familiar GOP talking points. She panned Biden’s handling of immigration, the economy, crime and foreign policy, while questioning if the 81-year-old is up to the challenge of leading the country.

But the Alabamian delivered some critiques in a more congenial Southern manner than many other national Republicans are prone to use.

“The American people are scraping by while the President proudly proclaims Bidenomics is working,” she said. “Goodness, y’all. Bless his heart. We know better.”

Seated at a kitchen table, Britt said her most important job was as “a wife and mother to two school-aged children,” and framed much of her criticism as anxiety about her children’s generation.

Biden has overseen an eroding American dream, Britt said, delivering in gentler language a central campaign theme for presumptive Republican presidential nominee Donald Trump.

“The country we know and love seems to be slipping away,” she said. “It feels like the next generation will have fewer opportunities — and less freedom — than we did. I worry my own children may not even get a shot at living their American dreams.”

The country can “do better,” Britt said.

Coming eight months before a presidential election, the State of the Union and Britt’s response were marked by heavy doses of campaign rhetoric, and Britt asked voters to reject Biden at the ballot box.

“There is no doubt we’re at a crossroads. We all feel it,” she said.

“But here’s the good news: We the people are still in the driver’s seat. We get to decide whether our future will grow brighter, or whether we settle for an America in decline. Well, I know which choice our children deserve — and the choice the Republican Party is fighting for.”

Immigration, foreign policy?

As Trump and other Republicans have for the past year, Britt made a surge of migrants at the U.S.-Mexico border a central criticism of the president.

Biden came into office with “the most secure border of all time,” but squandered it with a host of executive orders meant to soften the approach to immigration Trump, his predecessor, oversaw, Britt said.

Britt said fentanyl and coming across the border and “senseless murders” were responsible for “empty chairs at kitchen tables just like this one.”

Britt cited Laken Riley, a nursing student in Georgia killed by a Venezuelan immigrant with a previous conviction for shoplifting.

Biden mentioned Riley during his address, which still didn’t satisfy Republican critics who urged him to “say her name.”

“Tonight, President Biden finally said her name,” Britt said. “But he refused to take responsibility for his own actions. Mr. President, enough is enough.”

Biden also squandered U.S. geopolitical advantages, Britt said, first with a chaotic withdrawal from Afghanistan and then by entertaining a new deal to prevent Iran from gaining nuclear weapons.

“We’ve become a nation in retreat,” she said. “And the enemies of freedom see an opportunity.”

She described an unsafe world stage, highlighting U.S. casualties in the Middle East since war between Israel and the militant group Hamas began in October. She referenced the deaths of three U.S. soldiers in Jordan and two Navy SEALs off the coast of Somalia in January.

Russian President Vladimir Putin’s invasion of Ukraine also showed world affairs were dangerous, Britt said.

But she did not address Biden’s call roughly an hour earlier for Congress to approve funding for Ukraine. Republicans in Congress have stymied the administration’s request for additional aid to help Ukraine fight Russia’s invasion.

IVF, economy and crime

Britt said Republicans support nationwide access to in vitro fertilization, a common fertility treatment that has been in the national spotlight for more than a week after the Alabama Supreme Court issued a decision holding that excess embryos routinely created during IVF had the same legal rights as children.

“We strongly support continued nationwide access to in vitro fertilization,” Britt said. “We want to help loving moms and dads bring precious life into this world.”

While the president pointed to dropping unemployment, flattening inflation and rising wages, Britt said Biden’s message was divorced from the reality for families still “struggling to make ends meet” with the high costs of necessities such as housing and childcare.

Britt also played on voters fears’ of crime, blaming a perceived rise in violence on a liberal political ideology that accepts criminality and opposes police funding.

“For years, the left has coddled criminals and defunded the police – all while letting repeat offenders walk free. The result is tragic but foreseeable—from our small towns to America’s most iconic city streets, life is getting more and more dangerous.”

The actual crime statistics painted a less clear picture. While the interview-based annual criminal victimization survey conducted by the federal Bureau of Justice indicated an increase in violent crime from 2021 to 2022, FBI crime statistics compiled from local police reports across the country showed a drop in the national violent crime rate and the murder rate.

Unifying all of Britt’s criticisms of Biden’s policy choices was the idea that Biden was a weak leader, perhaps hobbled by age.

“Right now, our Commander in Chief is not in command,” she said. “The free world deserves better than a dithering and diminished leader.”

Launching pad?

The State of the Union response, delivered by a member of the opposing party to the president, is seen as a plum assignment for young politicians with ambitions beyond their current office.

Florida Republican Marco Rubio delivered a response in 2013, two years before he’d run for president.

Michigan Gov. Gretchen Whitmer’s response to Donald Trump in 2020 raised her national profile enough that Biden reportedly vetted her as a running mate that year.

And South Carolina’s Tim Scott gave the response to Biden in 2021, two years before announcing his White House run.

Britt’s response was likely the largest audience she’s addressed since succeeding longtime Sen. Richard Shelby in 2023. Britt, 42, worked for Shelby for five years, including two as the powerful appropriator’s chief of staff.

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Trump, Biden close in on clinching nominations after broad Super Tuesday victories https://www.criminaljusticepartners.com/2024/03/06/trump-biden-close-in-on-clinching-nominations-after-broad-super-tuesday-victories/ https://www.criminaljusticepartners.com/2024/03/06/trump-biden-close-in-on-clinching-nominations-after-broad-super-tuesday-victories/#respond Wed, 06 Mar 2024 17:34:47 +0000 https://www.criminaljusticepartners.com/?p=15158

Signage for voters looking to vote in-person at the Wellington E. Webb Municipal Office Building on Super Tuesday, March 5, 2024, in Denver, Colorado. (Photo by Marc Piscotty/Getty Images)

WASHINGTON — Despite facing 91 felony counts, hefty civil penalties and a packed 2024 legal calendar, Donald Trump emerged on Super Tuesday as the Republican Party’s presumptive choice as its presidential candidate in November.

The former president has secured 995 of the necessary 1,215 GOP delegates needed to clinch the GOP nomination, and likely will meet that number in primaries later this month.

Super Tuesday’s contests did the same for President Joe Biden, delivering to him 1,497 of the 1,968 Democratic delegates needed for his party’s nomination at the Democratic National Convention in August.

Trump’s lone challenger dropped from the Republican U.S. presidential nomination race Wednesday after the former president’s overwhelming victories in more than a dozen Super Tuesday states.

Former South Carolina Gov. Nikki Haley suspended her bid without endorsing the party front-runner, saying “It is now up to Donald Trump to earn the votes of those in our party and beyond it who did not support him, and I hope he does that.”

“At its best, politics is about bringing people into your cause, not turning them away,” Haley continued in a speech from Charleston, South Carolina. “And our conservative cause badly needs more people. This is now his time for choosing.”

On top of that, Trump at last earned the endorsement of Senate Republican Leader Mitch McConnell, according to news reports.

Despite the overwhelming performances, neither front-runner produced a clean sweep Tuesday, as Haley holdouts in Vermont and a tiny ripple of Biden opposition in American Samoa as well as an “uncommitted” vote in Minnesota revealed vulnerabilities.

Haley’s exit from her long-shot campaign all but cements what voters have expected: A November rematch between Biden and Trump, whose loss in 2020 sparked a violent attack on the U.S. Capitol.

Trump faces four federal criminal charges for attempts to subvert the 2020 presidential election results, a case stalled by his legal appeals for complete immunity from criminal prosecution — a matter that will be decided in the coming months by the U.S. Supreme Court.

The high court ruled Monday in another legal tangle involving Trump. The justices unanimously decided Trump could remain on Colorado’s Republican primary ballot after that state’s Supreme Court removed him based on a Civil War-era constitutional clause barring insurrectionists from holding future office.

Trump targets Biden

In a dark victory speech Tuesday night from his Mar-a-Lago residence in Palm Beach, Florida, Trump focused on Biden, whom he called “the worst president in the history of our country.” Trump blamed inflation and an immigration surge on Biden.

Trump maintained that he was the victim of election fraud —?a claim that has been widely debunked — and unfair targeting by the Justice Department under Biden.

“In some ways, we’re a third-world country,” he said Tuesday. “We’re a third-world country at our borders and we’re a third-world country at our elections. And we need to stop that.”

Trump has consistently claimed his efforts that led to the Jan. 6 attack were meant to counter fraudulent election results, but has shown no evidence of determinative voter fraud. Courts dismissed dozens of claims he brought following his reelection loss in 2020.

‘Uncommitted’ votes

On the Democratic side, as predicted, Biden also finished Super Tuesday as the clear Democratic choice in more than a dozen states.

However, neither Biden nor Trump cleanly swept their parties’ primaries and caucuses throughout 16 states and one U.S. territory.

The contests were held in Alabama, Alaska, Arkansas, California, Colorado, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah, Vermont and Virginia. Biden also won Iowa’s Democratic mail-in vote Tuesday.

While both men picked up hundreds of party delegates during the single largest day of nominating contests on the 2024 race calendar, Haley squeezed out a win in Vermont, picking up nine delegates, according to The Associated Press delegate tracker.

On the Democratic side, Biden lost a handful of delegates in Minnesota to voters who chose “uncommitted,” apparently as a protest of the administration’s stance on Israel’s continuing bombardment of the Gaza Strip. As of Wednesday morning, nearly 19% of voters in the Democratic-Farmer-Labor Party primary, the state’s Democratic Party, had chosen “uncommitted.”

Biden split delegates with politically unknown entrepreneur Jason Palmer who defeated the incumbent in a small contest on the U.S. territory of American Samoa.

McConnell endorses Trump; Haley holds out

After Tuesday’s results made clear Trump would be the Republican nominee, Kentucky’s McConnell, the most high-profile GOP official to withhold support from Trump, issued an endorsement.

“It is abundantly clear that former President Trump has earned the requisite support of Republican voters to be our nominee for President of the United States. It should come as no surprise that as nominee, he will have my support,” McConnell said in a statement first reported by Politico.

Haley did not immediately endorse Trump after a primary race that became increasingly bitter as the field winnowed.

Trump did not mention Haley’s name in a Tuesday night victory speech and it was Biden who made the first appeal to her voters in a campaign statement Wednesday.

“Donald Trump made it clear he doesn’t want Nikki Haley’s supporters,” Biden said in the statement. “I want to be clear: There is a place for them in my campaign.”

Biden said Haley supporters may not agree with him on many issues but could find common ground on “preserving American democracy, on standing up for the rule of law, on treating each other with decency and dignity and respect, on preserving NATO and standing up to America’s adversaries.”

Delegate count mounting

Biden and Trump have not yet mathematically clinched party nominations, but the symbolic victories are expected by month’s end.

At the time that Haley called off her campaign Wednesday morning, she had garnered 89 delegates, according to the latest AP count.

Looking ahead, nine Republican delegates are up for grabs in American Samoa on Thursday, and GOP nominating contests on March 12 in Georgia, Hawaii, Mississippi and Washington carry a total combined award of 161 delegates.

Democrats in Hawaii go to the polls Thursday, where Biden could gain a possible 22 delegates.

On March 12 Biden’s party offers up another 235 delegates in contests in Georgia, Mississippi and Washington.

The next two largest delegate hauls for both Biden and Trump come on March 19 when a total 350 Republican delegates are available in Arizona, Florida, Illinois, Kansas and Ohio, and 379 Democratic Party delegates are up for grabs in those same states, except Florida which will not hold a Democratic nominating contest this year.

Down ballot results

The struggle for control of Congress also gained more clarity in primary results.

In a marquee U.S. Senate race, Democratic U.S. Rep. Adam Schiff and Republican former professional baseball player Steve Garvey advanced to the general election for a California U.S. Senate seat.

Garvey edged out two other Democratic House members, Katie Porter and Barbara Lee, to clear the state’s “jungle primary,” where candidates of all parties run in a single race and the top two members face off in a general election.

Sen. Laphonza Butler, a Democrat, has held the seat since longtime Sen. Dianne Feinstein’s death last year. Butler did not seek reelection.

In Texas, Sen. Ted Cruz easily secured renomination on the Republican side, while nearly 60% of Democratic voters chose U.S. Rep. Colin Allred to face Cruz in the fall.

Neither race is expected to change the makeup of the Senate, with Schiff considered a near-lock to win in November and Cruz only slightly less favored in his race, according to analysis from Inside Elections.

In a closely watched race in Alabama’s 2nd Congressional District, former U.S. Department of Justice official Shomari Figures and state House Minority Leader Anthony Daniels advanced to a runoff for the Democratic nomination.

The Republican runoff will be between former state Sen. Dick Brewbaker of Pike Road and attorney Caroleene Dobson.

The district, which federal courts redrew after state lawmakers ignored a court order to create a second majority-Black district, is expected to favor Democrats in November, possibly affecting the balance of power in the House.

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Five months late, Congress is poised to pass a huge chunk of federal spending https://www.criminaljusticepartners.com/2024/03/04/five-months-late-congress-is-poised-to-pass-a-huge-chunk-of-federal-spending/ https://www.criminaljusticepartners.com/2024/03/04/five-months-late-congress-is-poised-to-pass-a-huge-chunk-of-federal-spending/#respond Tue, 05 Mar 2024 02:35:23 +0000 https://www.criminaljusticepartners.com/?p=15066

WASHINGTON — Congress is on track to approve a staggering $468 billion in government spending this week, finishing part of the work it was supposed to complete by Oct. 1 — including a big boost intended to shore up the federal WIC nutrition program for women, infants and children.

Other agencies will see cuts, including the FBI and the National Park Service, as Democrats and Republicans haggled over winners and losers in the annual spending process. There are spending increases for items such as wildland fire management, first-time-ever federal oversight of cosmetics and emergency rental assistance for low-income families.

Surviving: Plenty of earmarks for lawmakers’ local projects, also referred to as congressionally directed spending or community project funding, which received $12.655 billion in spending for the 6,630 projects within the six spending bills combined into one package, according to two people familiar with the total.

For example, in the bill that provides funds for the U.S. Department of Agriculture and the Food and Drug Administration, that includes everything from $3 million for the Integrative Precision Agriculture Laboratory at the University of Georgia Research Foundation, Inc. to $800,000 for Livingston Parish Courthouse Renovations in Louisiana to $3.3 million for the Pinetop Wildland Fire Response Station in Arizona.

The U.S. House and Senate are expected to take broadly bipartisan votes to send the package known as a “minibus” to President Joe Biden ahead of a Friday midnight deadline.

However, agreement on six other consequential appropriations bills, which are due by March 22 and include health, defense and homeland security programs, remains elusive.

Dems tout WIC funding

The first batch of government funding bills brokered by the divided Congress includes the Agriculture-FDA, Commerce-Justice-Science, Energy-Water, Interior-Environment, Military Construction-VA and Transportation-HUD measures.

Senate Appropriations Chair Patty Murray, a Washington state Democrat, said in a statement released Sunday that she and other Democratic lawmakers “fought hard to protect investments that matter to working people everywhere and help keep our economy strong—rejecting devastating cuts to housing, nutrition assistance, and more.”

“Forcing states to pick and choose which moms and kids will be able to access essential WIC benefits was never an acceptable outcome to Democrats, and this bill ensures that won’t happen by fully funding WIC for millions of families nationwide,” Murray said, referring to the Special Supplemental Nutrition Program for Women, Infants and Children, known as WIC, which provides grants to states and had faced a shortfall.

Maine Republican Sen. Susan Collins, ranking member on the panel, said in a written statement the “bills will make a real difference in communities throughout the United States.”

“Members of the Appropriations Committee in both chambers have worked very hard to reach agreements on the bill text unveiled today,” Collins said. “I look forward to working with Chair Murray and our colleagues to bring this legislation to the Senate floor for a vote without any further delay.”

House Appropriations Committee Chair Kay Granger, a Texas Republican, said the bills “achieve what we set out to do: strategically increase defense spending and make targeted cuts to wasteful non-defense programs.”

Connecticut Democratic Rep. Rosa DeLauro, ranking member on the House Appropriations Committee, said in a statement the bipartisan bills “help keep communities safe and healthy.”

“I am grateful that each of these bills rejects many of the extreme cuts and policies proposed by House Republicans and protects the great strides we made over the last two years to reverse the underinvestment in domestic programs that Americans depend on,” DeLauro said. “I urge swift passage of this package and look forward to releasing the remaining 2024 funding bills.”

Agency cuts

The bills would cut funding from several federal agencies, including a $977 million reduction to the Environmental Protection Agency; a $654 million cut for the Federal Bureau of Investigation; a $150 million reduction to the National Park Service; and a $122 million cut to the Bureau of Alcohol, Tobacco and Firearms.

The Army Corps of Engineers, Department of Veterans Affairs and military construction projects are among the programs that would see an increase in their funding.

Congress, after approving these six bills this week, must finalize bipartisan agreement on the remaining six.

Those bills include Defense, Financial Services and General Government, Homeland Security, Labor-HHS-Education, Legislative Branch and State-Foreign Operations. They are typically harder to negotiate than the bills in this week’s minibus.

Congress would likely start on the fiscal 2025 process shortly after approving all dozen annual appropriations bills, given that Biden is expected to send lawmakers his next request, for fiscal 2025, on March 11.

Here’s a breakdown of what’s funded in each of the bills that Congress will vote on this week.

Agriculture-FDA?

The Agriculture-FDA funding bill would provide $26.2 billion in discretionary spending for the agencies and programs within the legislation, including conservation and rural development. That represents a $383 million increase above current funding levels.

The USDA would receive $22.3 billion, which would be about $383 million more than current law. That discretionary funding would go toward several programs, including the Agricultural Research Service, the Animal and Plant Health Inspection Service and the Foreign Agricultural Service.

The FDA would receive $3.5 billion in discretionary funding, including “$7 million to conduct oversight of cosmetics for the first time ever and $1.5 million to reduce animal testing through alternative methods,” according to a summary of the bill released by Senate Democrats.

The Agriculture-FDA measure includes significant mandatory spending as well, which is counted outside the discretionary spending caps the Biden administration and House Speaker Mike Johnson, a Louisiana Republican, agreed to in January.

Mandatory spending is required by laws that Congress has already approved. It makes up the largest component of federal expenditures and is often spent outside of the annual appropriations process, though some mandatory spending accounts are reported in the bills.

Discretionary accounts make up about one-third of federal spending and are what’s subject to the spending caps on the dozen annual appropriations bills.

The Agriculture-FDA bill would approve $7 billion for the Women, Infants and Children program, an increase of more than $1 billion compared to its current funding level.

The increase would “fully fund” the WIC program, which includes more than 7 million people, according to subcommittee Chairman Martin Heinrich, a New Mexico Democrat, who said in a statement he was “focused on delivering for American families, farmers and producers, and rural communities.”

“This bill gets that done, even while we had to make some tough decisions to get there,” Heinrich said. “I am especially proud that we stood firm to fully fund WIC and the other programs that will help put food on the table for America’s kids.”

The Supplemental Nutrition Assistance Program, or SNAP, which provides grocery benefits to low-income families, would get $122.4 billion, a $32 billion decrease in mandatory spending that’s “due to the end of pandemic-era benefits and decreases in participation rates,” according to a summary of the bill from Senate Republicans.

Child nutrition programs — like the national school lunch program, school breakfast program and summer food programs — would get $33.3 billion, an increase of $4.7 billion over what the federal government currently spends.

The legislation doesn’t include many of the conservative policy riders House Republicans added in their original bill, such as a proposal to ban the abortion medication mifepristone from being sent to patients through the mail.

The bill has 72-pages of community projects, formerly known as earmarks, that will go to nearly every state in the country.

Commerce-Justice-Science?

The Commerce-Justice-Science spending bill provides approximately $67 billion in discretionary funding plus $2 billion in emergency funding “to address violent crime, counter the fentanyl crisis, and maintain U.S. scientific, technological, and economic superiority over China,” according to Senate Republicans’ summary of the bill.

That funding level would be divvied up with about $37.5 billion for the Department of Justice, $10.8 billion for the Department of Commerce, $9.1 billion for the National Science Foundation and nearly $24.9 billion for the National Aeronautics and Space Administration, or NASA.

The bill would approve $844 million for the Executive Office for Immigration Review, or EOIR, that will go toward legal services for underrepresented communities and modifications to courtrooms. That is about $16 million less than current law.

The bill would address the more than 2.5 million case backlog in immigration courts by hiring new immigration judges and providing training.

The bill would require EOIR to implement a performance appraisal based on recommendations from the Government Accountability Office for immigration judges and the agency has to submit a report to Congress on the results of the appraisal process.

The legislation provides an increase of $13 million for the Violence Against Women Act, bringing the funding level to? $713 million toward those programs. That funding will go toward assistance with transitional housing, domestic violence reduction, sexual assault services, research on violence against Indigenous women and legal assistance, among other initiatives.

The bill provides about $10.6 billion for the FBI, a decrease from fiscal 2023. That funding will go toward targeting fentanyl and opioid trafficking, child exploitation, trafficking and bioforensic analysis, among other initiatives.

The bill includes a 95% cut in funding for FBI construction, from $629.1 million to $30 million. The bill would require the FBI to conduct a study on the “feasibility of expanding the FBI operations in regional offices around the country,” according to the explanatory statement.?

The bill includes a provision that none of the funds can be used to “target or investigate parents who peacefully protest at school board meetings and are not suspected of engaging in unlawful activity.”

House Republicans have scrutinized the Justice Department after the agency directed the FBI to investigate threats of violence made to school board officials and teachers after a conservative backlash to discussions about race in public schools.

The bill would provide the Bureau of Alcohol, Tobacco, Firearms and Explosives with $1.6 billion, a decrease of $112 million below fiscal year 2023 levels in order to reverse “anti-Second Amendment overreach,” according to a summary of the bill by House Republicans.??

Members of Congress obtained 86 pages of earmarks in the Commerce-Justice-Science bill.

Energy-Water

The Energy-Water appropriations measure would moderately boost spending on defense — primarily the Energy Department’s nuclear programs —?while cutting slightly from the bill’s domestic water infrastructure accounts.

The defense discretionary total in that bill, which is apart from overall Pentagon spending, would be $33.3 billion, a 6% increase from fiscal 2023, and discretionary domestic spending on the bill’s programs would be $24.9 billion, a 2% decrease.

The bill includes more than $50 billion for the Department of Energy, $8.7 billion for the Army Corp of Engineers, which oversees most federal water project construction, and $1.9 billion for the Interior Department’s Bureau of Reclamation.

The National Nuclear Security Administration would see a nearly $2 billion funding increase from fiscal 2023, almost all of which is for the agency’s weapons activities.

The Bureau of Reclamation, the Interior Department agency that deals with water and hydroelectric power, would see a $31 million decrease to $1.9 billion.

The bill included 30 pages of earmarks.

Interior-Environment

The Interior-Environment funding bill, which covers the Interior Department, EPA and related agencies, totals $41.2 billion, which would be a decrease of more than $11 billion, more than 21%, from fiscal 2023.

The bill would cut nearly $1 billion of the EPA’s budget, a 9.6% decrease from fiscal 2023.

Most of that cut, $745 million, is from the agency’s Hazardous Substance Superfund. That account, which funds cleanup of massive environmental hazardous waste sites, would receive $537.7 million, down from $1.3 billion in fiscal 2023.

Two other long-term spending laws, the 2021 bipartisan infrastructure law and Democrats’ 2022 energy, taxes and domestic policy law, provide additional funding for Superfund cleanup. Total federal spending would be more than $3 billion in fiscal 2024, even with the proposed cut.

Addressing wildfires was a priority in the bill, according to summaries from both Senate Democrats and House Republicans.

The bill includes $6 billion for the U.S. Forest Service, including $2.3 billion for the agency’s Wildland Fire Management program. That represents an increase of $1.37 billion for wildland fire management.

The bill would also maintain full funding for wildland firefighter pay, which was increased in the 2021 infrastructure law.

The bill maintains $900 million in mandatory federal spending for the Land and Water Conservation Fund that allocates money for federal land acquisition, state grants for outdoor recreation and related efforts.

And it would direct $1.9 billion in mandatory spending for the National Parks and Public Land Legacy Restoration Fund that addresses roads and buildings across five Interior Department agencies, with the bulk of the funding going to the National Park Service.

The funding levels in both the Land and Water Conservation Fund and public lands fund meet caps established in the 2020 Great American Outdoors Act and do not count against the discretionary funding limit.

The bill includes 100 pages of earmarks.

Military Construction-Veterans Affairs

Lawmakers are touting the Military Construction and VA bill’s $326.4 billion total as “fully funding” veterans’ benefits and health care, bolstering national security in the Indo-Pacific region, and upgrading housing for service members and their families, among other priorities, according to a statement Sunday from Murray’s office.

The bill contains $175.2 billion in mandatory spending on veterans’ benefits that encompass disability compensation, education and employment training.

On the discretionary side, $153.92 billion would be allocated to the departments of Defense and Veterans Affairs as well as four related agencies, including Arlington National Cemetery, American Battle Monuments Commission, Armed Forces Retirement Home, and the Court of Appeals for Veterans Claims.

If cleared by Congress, the lion’s share of the bill’s funds, at $134.8 billion, would go to the Department of Veterans Affairs.

Of that total, roughly $121 billion would be allocated for veterans medical care, including $16.2 billion for mental health, $5.2 billion for telehealth services, $3.1 billion for homelessness programs, $231 million for substance abuse and opioid misuse prevention, and $108 million for overall well-being programs, or “Whole Health Initiatives.”

The remaining $18.675 billion in discretionary funds would head to the Department of Defense for the planning and construction of several military projects, including $2.4 billion for shipyard infrastructure, $2 billion for military family housing, and $1.5 billion for construction or upgrades to military Reserve and Guard facilities.

Specific domestic projects and their locations can be found in the 11 pages of lawmaker earmarks for community funding. They include a range of infrastructure upgrades, numerous child development centers and several barracks upgrades at military sites across the U.S.

Other allocations in the military construction spending total include $634 million for energy projects, $293 million to the NATO Security Investment Program, and $489 million for base realignment and closures, $50 million of which will be dedicated to the cleanup of per- and polyfluoroalkyl substances, otherwise known as PFAS chemicals.

About $131 million would be allocated for planning, design and minor construction for the U.S. Indo-Pacific Command, which operates in a strategically important region for the U.S. military.

The Military Construction and VA spending bill also sets some funding levels for the following fiscal year. The bill allocates $195.8 billion for veterans’ benefits and $112.6 billion in discretionary programs in 2025.

Transportation-HUD?

The Transportation-HUD appropriations measure would appropriate about $89.5 billion in discretionary funding for the dozens of programs throughout the bill.

Another $8 billion in emergency funding was added to the legislation “to maintain current rental assistance for low income Americans amid a collapse in housing receipts that are used to help offset the cost of such assistance,” according to a summary of the bill from Senate Republicans.

The Department of Transportation would receive $27 billion in discretionary funding while another $79 billion would come from obligation limitations, according to Senate Democrats’ summary of the bill.

The Federal Aviation Administration would receive $20.1 billion, about $1 billion more than its current funding level. The money would allow the FAA to hire “1,800 new controllers, improving training facilities at the air traffic controller academy, and addressing the reliability of critical IT and telecommunications legacy systems,” according to Senate Democrats’ summary.

The Federal Highway Administration would receive $63 billion, the Federal Railroad Administration would get $2.9 billion and the Federal Transit Administration would receive $16 billion.

“To address the rail safety deficiencies identified in the East Palestine, Ohio, train derailment, the bill provides a $27.3 million increase for FRA’s safety and operations budget—meeting the President’s budget request for rail safety inspectors,” according to Senate Democrats’ summary.

The Department of Housing and Urban Development would receive $70.1 billion that would go toward “rental assistance and self-sufficiency support for low-income working families, seniors, veterans, and persons with disabilities; housing and services to homeless individuals; and support for economic and community development,” according to the Senate Republican summary.

Homeless Assistance Grants would increase in funding by $418 million to $4.05 billion. Community Development Block Grants would receive $3.3 billion in funding.

The Native American Housing Block Grant program would receive $1.3 billion, a “historic level of funding” that would “make significant progress in addressing the dire housing needs of Indian Country, where residents are nearly twice as likely to live in poverty and nearly three times more likely to live in overcrowded conditions compared to other U.S. households,” according to Senate Democrats’ summary.

The Transportation-HUD bill includes 306 pages of community projects, or earmarks, making it one of the more significant bills for lawmakers to receive funding for priority initiatives.

Those include $1 million for the William Way LGBT Community Center in Philadelphia, one of three projects that House Republicans stripped out of their original bill in July after initially approving them.

The bill didn’t include funding for the LGBT Center of Greater Reading in Pennsylvania, which was originally selected for $970,000 in funding, or for affordable senior housing at LGBTQ Senior Housing, Inc. in Massachusetts, which was on track for $850,000 in funding.

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Biden ‘fit to successfully execute’ presidential duties, White House doctor says https://www.criminaljusticepartners.com/briefs/biden-fit-to-successfully-execute-presidential-duties-white-house-doctor-says/ Thu, 29 Feb 2024 15:24:55 +0000 https://www.criminaljusticepartners.com/?post_type=briefs&p=14899

U.S. President Joe Biden delivers remarks in the Diplomatic Reception Room of the White House on Feb. 8, 2024 in Washington, D.C. (Photo by Nathan Howard/Getty Images)

President Joe Biden is physically fit to serve as president, his doctor said Wednesday in a report released by the White House after an annual physical.

“President Biden is a healthy, active, robust 81-year-old male, who remains fit to successfully execute the duties of the Presidency,” Dr. Kevin C. O’Connor wrote in the six-page report.

The most notable change in Biden’s medical profile since his last physical a year ago was the introduction of positive airway pressure, or PAP, to help with symptoms of obstructive sleep apnea, O’Connor wrote.

Other health issues Biden deals with include an irregular heartbeat, elevated lipid levels, a stiffened gait and seasonal allergies.

All the conditions are stable and, except the PAP therapy, are unchanged from last year.

“The President feels well and this year’s physical identified no new concerns,” he said.

A host of specialists also examined Biden and agreed with O’Connor’s findings, the president’s doctor wrote.

A dermatologist was among the specialists consulted for routine skin cancer surveillance. After spending a lot of time in the sun as a youth, Biden had non-melanoma skin cancers surgically removed before his presidency. A total body skin exam revealed no issues.

Biden doesn’t drink or use tobacco and exercises five times a week, O’Connor wrote.

Routine testing, including a comprehensive metabolic panel, was normal.

The physical exam was “essentially unchanged from baseline,” O’Connor wrote.

No cognitive issues raised

O’Connor, who is also an associate professor at George Washington University’s medical school, did not raise concerns about Biden’s mental acuity.

Polls have shown Biden’s age and mental fitness are major concerns for voters, spiking in recent weeks as the president has misidentified world leaders in public appearances —?including in a speech rebutting an investigation that cleared him of wrongdoing on the grounds that he was “a sympathetic, well-meaning, elderly man with a poor memory.”

But aging experts in a panel discussion earlier this month said both Biden and his likely November opponent, former President Donald Trump, 77, are up to the task of governing.

People don’t age at the same rate and, for both Biden and Trump, abstinence from alcohol and tobacco and family histories of long life indicate neither have major health risks that would preclude them from another four years as president, the aging experts said.

Biden and Trump set the record for oldest major party candidates in 2020.

Biden has recently pivoted to more directly address the concerns about his age, including in an appearance on “Late Night with Seth Meyers” on Tuesday. In that appearance, he noted that he and Trump are close to the same age and said the election would be “about how old your ideas are.”

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In clash over immigration, Biden and Trump both bound for the U.S.-Mexico border today https://www.criminaljusticepartners.com/2024/02/29/in-clash-over-immigration-biden-and-trump-both-bound-for-the-u-s-mexico-border-today/ https://www.criminaljusticepartners.com/2024/02/29/in-clash-over-immigration-biden-and-trump-both-bound-for-the-u-s-mexico-border-today/#respond Thu, 29 Feb 2024 15:20:45 +0000 https://www.criminaljusticepartners.com/?p=14897

An immigrant family wades through the Rio Grande while crossing from Mexico into the United States on September 30, 2023, in Eagle Pass, Texas. (Photo by John Moore/Getty Images)

Surrogates for President Joe Biden dismissed former President Donald Trump’s scheduled visit to the U.S.-Mexico border Thursday as a political stunt, adding that the likely Republican presidential nominee was exploiting an issue that he has shown no desire to fix.

Illinois Gov. J.B. Pritzker and U.S. Rep. Robert Garcia of California, both Democrats, told reporters on a Wednesday conference call organized by the Biden reelection campaign that Trump’s record — recently and throughout his public life — showed he was anything but serious about addressing the myriad issues resulting from a recent surge in migration across the southern border.

Trump is scheduled to visit the border town of Eagle Pass, Texas, on Thursday to call attention to Biden’s record on border security.

Biden separately will pay a visit to Brownsville, about 300 miles southeast of Eagle Pass.

Trump has no credibility on immigration after tanking a bipartisan agreement to strengthen border enforcement, Pritzker and Garcia said Wednesday.? Trump reportedly asked Republicans in Congress not to support the deal to avoid handing Biden a victory in an election year, they noted.

“Republicans frankly just do not care about solving the challenges facing this country,” Pritzker said. “They only care about saving their own skin. This could have been a press call touting a bipartisan path forward. Instead, Donald Trump wanted a campaign slogan.”

In a campaign statement Wednesday, Trump commended his own record on immigration, noting he signed executive orders calling for a wall on the southern border, declaring a national emergency on the border and sending police and military resources to the region.

Trump “created the most secure border in history,” the statement said, and would reinstate several policies that Biden dropped.

Trump would end a policy that allows migrants to live freely in a U.S. community as they await immigration hearings, cease birthright citizenship for the children of migrants in the country without legal authorization — even though an amendment to the U.S. Constitution is interpreted to guarantee that right — and use the military to combat drug cartels, the statement said.

Trump said in a speech to the Conservative Political Action Conference, or CPAC, on Saturday that he would seek to enact the “largest deportation in the history of our country” if elected.

“The first and most urgent action when we win will be the sealing of the border, stopping the invasion, drill baby drill, send Joe Biden’s illegal aliens back home,” Trump said. “We’ll do all of those things and we’re gonna have to do them fast because no country can sustain what’s happening in our country.”

Garcia, who immigrated to the country as a child, said Trump’s history of racist rhetoric showed he had misplaced priorities on immigration policy.

Trump has used what critics say are racist generalizations of immigrants since his entrance into national politics, a 2015 speech announcing his first White House run in which he made derogatory comments about immigrants from Mexico.

Trump believes “preying on immigrants is his path to reelection,” Garcia said.

“This is a cruel man with a cruel agenda,” he said.

Trump’s “extremism” on immigration would go even further than in his first term, Garcia said.

The former president has talked about returning to the family separation policy at the border, which attracted major controversy in his first term, has expressed support for ending birthright citizenship and said he would act as a dictator for the first day of a potential second term to enact extreme border policies, Garcia said.

Trump and other Republicans have harshly criticized the Biden administration’s approach to immigration, with House Republicans impeaching Homeland Security Secretary Alejandro Mayorkas this month over his supposed failure to enforce immigration laws.

Garcia called Trump’s approach to the issue “fearmongering.”

“Donald Trump doesn’t give a damn about border security,” he said. “All he cares about is stirring up pain, stirring up division.”

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U.S. Supreme Court to decide if Trump is immune from prosecution for acts as president https://www.criminaljusticepartners.com/2024/02/28/u-s-supreme-court-to-decide-if-trump-is-immune-from-prosecution-for-acts-as-president/ https://www.criminaljusticepartners.com/2024/02/28/u-s-supreme-court-to-decide-if-trump-is-immune-from-prosecution-for-acts-as-president/#respond Wed, 28 Feb 2024 23:21:35 +0000 https://www.criminaljusticepartners.com/?p=14878

Republican presidential candidate and former U.S. President Donald Trump looks on during a campaign event on Dec. 19, 2023, in Waterloo, Iowa. (Photo by Scott Olson/Getty Images)

The U.S. Supreme Court on Wednesday agreed to hear former President Donald Trump’s argument that he should be immune from criminal charges related to the 2020 election.

In a one-page order, the court set an expedited briefing schedule, with oral arguments to be held the week of April 22. Proceedings in the federal trial court will be on hold while the Supreme Court case is ongoing, further delaying the trial originally scheduled to begin March 4.

The Supreme Court will consider only the question of “whether and if so to what extent” a former president is legally shielded from official actions while in office.

Trump and his lawyers had asked the high court to pause pretrial activities in District of Columbia federal court for the case brought by U.S. Special Counsel Jack Smith that alleges Trump tried to overturn the results of the presidential election.

Smith, in his brief to the court, had asked justices to turn down the plea for a delay, saying a speedy trial is in the public interest. The claims of absolute presidential immunity and protection under the impeachment clause raised by Trump, now the GOP presidential front-runner, lack the merit needed for the justices to grant a stay, Smith said.

GOP attorneys general weigh in

The Republican attorneys general of 22 states filed a brief to the court Feb. 16 endorsing Trump’s request for a delay.

Led by Alabama, the group of GOP states said Smith’s effort to hasten a trial appeared to be politically motivated to damage President Joe Biden’s likely opponent in November’s election.

“Contrary to the prosecution’s haste, the fact that the defendant is a former President is a reason to move carefully—to be sure the prosecution is constitutional from inception,” they wrote. “And the fact that the defendant is potentially a future President is even more reason to ensure the appearance and reality of fairness.”

The states represented in the brief are Alabama, Alaska, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wyoming.

Trump’s district court trial has been postponed indefinitely while the presidential immunity arguments play out.

Charges against Trump

A four-count federal indictment last year after an investigation by Smith accused Trump of conspiring to subvert his 2020 reelection loss to Biden, eventually leading to the Jan. 6, 2021, attack on the U.S. Capitol.

For weeks after the election, he fed his supporters a stream of lies claiming that he won the election but was denied a second term by voter fraud, the indictment said. He worked with attorneys, a U.S. Department of Justice official and a political consultant to organize slates of false presidential electors in seven states Biden won to take the place of Biden electors and pressured Vice President Mike Pence to reject the legitimate electors, according to the indictment.

Late last year, Trump asked to dismiss the charges, saying he could not be prosecuted for any actions he took as president. U.S. District Judge Tanya S. Chutkan denied that claim, a ruling Trump appealed to the D.C. Circuit.

A three-judge appeals panel appointed by both Democratic and Republican presidents unanimously denied Trump’s request in a Feb. 6 opinion that found the former president’s arguments “unsupported by precedent, history or the text and structure of the Constitution.”

Trump then asked the Supreme Court to pause all proceedings in district court while he petitioned the appeals court to escalate his case to the full circuit and potentially the Supreme Court.

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McConnell to step down as U.S. Senate GOP leader https://www.criminaljusticepartners.com/2024/02/28/mcconnell-to-step-down-as-u-s-senate-gop-leader/ https://www.criminaljusticepartners.com/2024/02/28/mcconnell-to-step-down-as-u-s-senate-gop-leader/#respond Wed, 28 Feb 2024 18:33:01 +0000 https://www.criminaljusticepartners.com/?p=14847

Senate Republican Leader Mitch McConnell (Photo by Drew Angerer/Getty Images)

WASHINGTON — U.S. Sen. Mitch McConnell of Kentucky will step down as the Senate Republican leader in November, he said on the Senate floor Wednesday, announcing the end of a run as party leader that broke records for its length and shaped American politics over nearly two decades.

“One of life’s most underappreciated talents is to know when it’s time to move on to life’s next chapter,” McConnell said. “It’s time for the next generation of leadership.”

McConnell, who turned 82 last week, cited the death of his wife’s sister several weeks ago, as an event that prompted him to think about his future.

“When you lose a loved one, particularly at a young age, there’s a certain introspection that accompanies the grieving process,” he said.

President Joe Biden, who spent decades in the Senate before he was elected vice president in 2008, said in impromptu remarks Wednesday that he highly respected McConnell.

“He and I have trust,” he said, according to a White House pool report. “We’ve got a great relationship. We fight like hell but he never, never, never misrepresented anything. I’m sorry to hear he’s stepping down.”

Senate Majority Leader Chuck Schumer said in a statement that while he didn’t see “eye to eye,” with McConnell on various policies and politics, the New York Democrat said he was proud of what they were able to accomplish, despite their differences.

“I am very proud that we both came together in the last few years to lead the Senate forward at critical moments when our country needed us, like passing the CARES Act in the early days of the COVID pandemic, finishing our work to certify the election on January 6th, and more recently working together to fund the fight for Ukraine,” Schumer said.

McConnell has faced increasing pressure to endorse the GOP presidential front-runner, Donald Trump. The two have a tense relationship that reached a breaking point following the Jan. 6, 2021, insurrection at the U.S. Capitol after then-President Trump encouraged supporters to disrupt the certification of electoral votes in the 2020 election.

Former South Carolina Gov. Nikki Haley, who is the last remaining Republican challenging Trump for the party’s presidential nomination, said in a campaign stop in Utah that McConnell has had an amazing career.”

“We obviously thank him for his leadership and his service,” Haley said at an appearance in Orem, Utah. “But I applaud him for realizing that it is time for new generational change. I think what’s more important is we need to understand we don’t just need new generational change in Congress. We also need new general generational change in the White House.”

Kentucky’s longest-serving senator has shaped the federal judiciary system, including by leading Senate confirmation of 234 lifetime appointments to the federal bench.

He played an important role in establishing a conservative U.S. Supreme Court by blocking Democratic then-President Barack Obama from appointing a justice before the 2016 presidential election.

That conservative Supreme Court has handed down decisions in the past few years with major impacts on American society. The court ended the constitutional right to access abortion care, struck down the Biden administration’s student loan forgiveness plan and expanded gun rights by limiting states’ power to enact gun safety laws.

New leader election in November

McConnell, who first arrived in the Senate in 1984 and became Republican leader in 2007, said he is “not going anywhere” until a new Republican leader is tapped. His Senate term is set to end January 2027.

“I love the Senate,” McConnell said. “It’s been my life.”

Senate Republicans will select a new leader in November. Possible McConnell successors include Minority Whip John Thune of South Dakota, Republican Conference Chairman John Barrasso of Wyoming and former Republican Whip John Cornyn of Texas.

“As the longest serving Senate leader in American history, Mitch McConnell has made an indelible mark on this institution and the Republican Party,” Cornyn said in a post to X. “For more than 17 years, he has been the steady hand at the helm, guiding us through some of the most consequential debates and decisions in recent history.”

Cornyn also thanked McConnell for protecting “the Senate’s essential role under the Constitution,” and called him “pragmatic, knowledgeable, humble, and effective.”

Thune said it “will be hard to imagine a Senate in which Sen. McConnell isn’t serving as Republican leader” but hinted he would try to succeed the Kentuckian.

“For decades, he’s been a fierce defender of the Senate, our conference, and our party, and we’re all better for his service,” Thune said in a statement. “Mitch leaves enormous shoes to fill, and it’s with humility that I look forward to having a discussion with my colleagues about what the future holds for the Senate Republican Conference and a new generation of leadership. Until then, thank you, Mitch.”

Barrasso praised McConnell’s career as the GOP leader and said that Republicans are focused on the November presidential election and flipping the Senate control.

“That’s what my focus is,” he told reporters Wednesday.

Thune recently endorsed Trump, following earlier endorsements by Barrasso and Cornyn.

Accolades from other GOP senators

More allies among McConnell’s Senate Republican colleagues rushed Wednesday to sing his praises.

North Carolina’s Thom Tillis praised McConnell’s achievements in shaping the judiciary and in enacting conservative policy goals in domestic and foreign policy.

“Leader McConnell is a true legend of the U.S. Senate,” Tillis said in a statement. “Under his historic leadership, the Senate secured a conservative majority on the Supreme Court, passed historic tax reform, and enacted bipartisan legislation to save our economy from the brink at the start of the pandemic.”

Montana’s Steve Daines, who also chairs the GOP’s Senate campaign arm, also touted McConnell’s role in passing the 2017 tax bill that made sweeping changes to the U.S. tax code.

“He will be remembered not only as the longest-serving party leader in the history of the Senate but a consummate gentleman and committed public servant,” Daines said in a statement.

Shelley Moore Capito of West Virginia thanked McConnell for his “steadfast leadership and commitment to conservative principles.”

South Carolina’s Lindsey Graham wrote on X that McConnell will be “remembered as one of the most effective leaders in U.S. history.”

“No one in the Republican Party has echoed the themes of peace through strength – the Reagan model of national security – better than Senator Mitch McConnell,” he said.

Nebraska’s Deb Fischer congratulated McConnell for his decades of work in the Senate.

“Leader McConnell has served as a bulwark of conservative leadership throughout his time in the Senate,” she wrote on X. “His fierce reverence for our institution and shrewd consideration of the future made him an extraordinarily effective leader in all situations.”

GOP division apparent

But the schism that emerged in the GOP in recent years between McConnell’s establishment wing and an upstart faction more aligned with Trump was also apparent in the reaction to McConnell’s announcement.

“I called on McConnell to step down over a year ago,” Missouri Republican Josh Hawley tweeted. “This is good news. But why wait so long – we need new leadership now.”

The House Freedom Caucus, an influential group of far-right lawmakers in that chamber, mocked McConnell in a tweet that identified him as a Democrat because he has pursued bipartisan measures to fund Ukraine’s war effort against Russia.

“Our thoughts are with our Democrat colleagues in the Senate on the retirement of their Co-Majority Leader Mitch McConnell (D-Ukraine),” a tweet from the caucus’ official account read. “No need to wait till November… Senate Republicans should IMMEDIATELY elect a *Republican* Minority Leader.”

U.S. Rep. Bob Good, a Virginia Republican who is a member of the House Freedom Caucus, said McConnell’s move could allow for more conservative leadership. Good floated Florida Sen. Rick Scott, who led a failed conservative challenge to displace McConnell as GOP leader in November 2022, as a potential successor to McConnell.

“Mitch McConnell stepping down provides a great opportunity for true conservative leadership in the Senate,” Good said. Scott “would make a great Republican leader.”

Wednesday, Scott again called for new leadership in the Senate.

“As everyone knows, I challenged Leader McConnell in 2022,” he said in a statement. “This is an opportunity to refocus our efforts on solving the significant challenges facing our country and actually reflect the aspirations of voters.”

McKenzie Romero contributed to this report.

This story has been updated.

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Trump comes out against Alabama IVF ruling as national Republicans scramble for distance https://www.criminaljusticepartners.com/2024/02/23/trump-comes-out-against-alabama-ivf-ruling-as-national-republicans-scramble-for-distance/ https://www.criminaljusticepartners.com/2024/02/23/trump-comes-out-against-alabama-ivf-ruling-as-national-republicans-scramble-for-distance/#respond Sat, 24 Feb 2024 02:30:21 +0000 https://www.criminaljusticepartners.com/?p=14766

Former U.S. President Donald Trump urged Alabama lawmakers Friday to find a fix for a state Supreme Court ruling that threatened the availability of in vitro fertilization. Trump is shown speaking at a campaign rally at Drake Enterprises, an automotive parts manufacturer, on Sept. 27, 2023, in Clinton Township, Michigan.(Photo by Scott Olson/Getty Images)

Former President Donald Trump called on Alabama lawmakers Friday to “find an immediate solution” to remedy a state Supreme Court ruling that threatened the availability of in vitro fertilization, and national Republicans running for Congress sought to distance themselves from the Alabama decision as well.

In a post to his social media site, Truth Social, Trump said the Alabama Supreme Court ruling last week that gave fertilized embryos the same rights as children was at odds with the anti-abortion movement that is influential in the Republican Party.

The front-runner for the GOP presidential nomination endorsed efforts by Alabama legislators to tweak state law — which includes one of the most restrictive bans on abortion — to protect IVF.

“Today, I am calling on the Alabama Legislature to act quickly to find an immediate solution to preserve the availability of IVF in Alabama,” the post read, in Trump’s first public comments since the Alabama ruling. “The Republican Party should always be on the side of the Miracle of Life – and the side of Mothers, Fathers, and their Beautiful Babies. IVF is an important part of that.”

IVF, a common fertility practice, involves harvesting a woman’s eggs and fertilizing them outside the body. The resulting embryos are frozen and stored for future transfer into a uterus, but couples often create more embryos than they end up using.

The Alabama justices’ ruling could open prospective parents and clinics to criminal charges of abandonment or manslaughter for embryos that are destroyed rather than implanted into a uterus.

Leaders in Alabama’s Legislature scrambled late this week to address the ruling, with a key committee chairman authoring a bill to declare embryos created during IVF would not be considered a human life unless implanted into a uterus.

The decision led to the closure of at least three IVF programs in the state this week and inspired intense criticism of anti-abortion Republicans from Democrats from President Joe Biden on down.

U.S. Supreme Court decision

The ruling was a continuation of Republicans’ attempts in the states to control pregnancy after the U.S. Supreme Court 2022 ruling overturning the constitutional right to an abortion, many national Democrats said this week.

“They came for abortion first. Now it’s IVF and next it’ll be birth control,” Trump’s 2016 Democratic rival Hillary Clinton said in a tweet Thursday. “The extreme right won’t stop trying to exert government control over our most sacred personal decisions until we codify reproductive freedom as a human right.”

The House Majority PAC, which helps Democrats running for the U.S. House, compiled a list Friday of Republicans in competitive districts who’d voted for legislation the group said would have the same effect nationally as the Alabama Supreme Court’s ruling.

Biden, who is likely to face Trump in the November general election, is seeking to hold the former president responsible. Trump appointed three of the six justices who voted to overturn abortion protections.

Biden campaign director Julie Chavez Rodriguez said in a statement that Trump bore responsibility for the Alabama decision and other restrictions on abortion and fertility treatment.

“American women couldn’t care less what Donald Trump posts on Truth Social, they care that they can’t access fertility treatment because of him,” Chavez Rodriguez said. “Let’s be clear: Alabama families losing access to IVF is a direct result of Donald Trump’s Supreme Court justices overturning Roe v. Wade.”

U.S. Senate GOP campaign arm sends out memo

Trump’s position — that Alabama lawmakers should find a legislative fix to protect IVF after the court’s ruling — is in line with U.S. Senate Republicans’ campaign arm.

National Republican Senatorial Committee Executive Director Jason Thielman sent a memo to GOP Senate candidates, Politico reported Friday.

The memo instructed candidates to “Clearly state your support for IVF and fertility-related services as blessings for those seeking to have children” and to “Publicly oppose any efforts to restrict access to IVF and other fertility treatments, framing such opposition as a defense of family values and individual freedom,” according to the Politico report.

Five GOP Senate hopefuls in key races then issued statements expressing support for IVF. The candidates were Kari Lake in Arizona, Tim Sheehy in Montana, Sam Brown in Nevada, Mike Rogers in Michigan and Matt Dolan in Ohio.

Former United Nations Ambassador Nikki Haley, the last Republican still challenging Trump’s 2024 nomination, sent mixed messages this week about her position.

The former South Carolina governor said in an NBC News interview Wednesday that she personally agreed that embryos “are babies,” and that the Alabama court ruled correctly under state law. But she later told CNN’s Jake Tapper she disagreed with the ruling and said the state should reexamine the law.

Alabama lawmakers search for fix

Alabama legislators worked Thursday to file legislation addressing the court’s ruling.

Republican Tim Melson, the chair of the Alabama Senate’s Healthcare Committee, drafted a bill on Thursday that would declare that a human egg fertilized in vitro would not be considered a human life unless implanted in a uterus.

Alabama House Democratic Leader Anthony Daniels, a candidate in Alabama’s 2nd Congressional District, filed a bill that said that a fertilized egg or human embryo outside a uterus shall not “be considered an unborn child, a minor child, a natural person, or any other term that connotes a human being for any purpose under state law.”

Gov. Kay Ivey, a Republican, and leaders of the Alabama Legislature, which has a Republican supermajority, expressed a cautious desire to address the Supreme Court’s ruling.

Ivey, who signed Alabama’s near-total abortion ban in 2019, said in a statement Friday that she looked forward “to continue closely following this issue.”

“Following the ruling from the Alabama Supreme Court, I said that in our state, we work to foster a culture of life,” the statement said. “This certainly includes some couples hoping and praying to be parents who utilize IVF.”

Alabama House Speaker Nathaniel Ledbetter said in a statement Friday that the Legislature would “soon consider a solution” to the issue.

“Alabamians strongly believe in protecting the rights of the unborn, but the result of the State Supreme Court ruling denies many couples the opportunity to conceive, which is a direct contradiction,” the statement said.

Senate President Pro Tem Greg Reed told reporters Thursday the chamber was weighing options.

“If we’re supposed to do something or there’s an opportunity for us to do something with it, what would we do?” he asked. “How would we address that? And so we’ve got some smart legal minds trying to help us understand.”

The office of the state’s Republican attorney general, Steve Marshall, said in a statement ??he “has no intention of using the recent Alabama Supreme Court decision as a basis for prosecuting IVF families or providers.”

Senate Minority Leader Bobby Singleton, a Democrat, said that Democrats in 2019 pushed for exceptions in the abortion ban, but were rebuffed by majority Republicans.

“At the end of the day, the Republican Party has to be responsible for what they have done,” he said. “They need to watch how they’re passing these laws that could affect people, and this is one of the unintended consequences they never saw coming. This is what we keep trying to tell them on a regular basis. This is theirs. They need to fix it.”

Brian Lyman and Jemma Stephenson contributed to this report.

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Worried Biden and Trump are too old to be president? Calm down, experts on aging say https://www.criminaljusticepartners.com/2024/02/19/worried-biden-and-trump-are-too-old-to-be-president-calm-down-experts-on-aging-say/ https://www.criminaljusticepartners.com/2024/02/19/worried-biden-and-trump-are-too-old-to-be-president-calm-down-experts-on-aging-say/#respond Mon, 19 Feb 2024 10:45:42 +0000 https://www.criminaljusticepartners.com/?p=14564

Former President Donald Trump answers a question as Joe Biden, then the Democratic presidential candidate, listens during the second and final presidential debate at Belmont University on Oct. 22, 2020, in Nashville, Tennessee. (Photo by Morry Gash-Pool/Getty Images)

Age should not preclude either Joe Biden or Donald Trump from serving another four years as president, a group of aging experts said last week at a webinar organized by the American Federation for Aging Research.

If Biden, 81, and Trump, 77, are the candidates on Election Day, as appears likely right now, they would break their own record — set four years ago — as the oldest candidates in U.S. history.

But despite recent intense media coverage and significant skepticism from voters about both men, the presumptive nominees of both major parties appear up to the task of governing, the panel members agreed.

People age at different rates, and the ill effects of advanced age don’t appear to be having an impact on Biden or Trump, said S. Jay Olshansky, a professor of public health at the University of Illinois at Chicago and research associate at the Center on Aging at the University of Chicago.

“Both in Biden and Trump’s case, we’ve got evidence to suggest … they’re doing exceptionally well,” Olshanksy said. “Don’t believe what you see in the media about loss of cognitive functioning and the like.”

The candidates fly across the country and sometimes across the world. They can be short on sleep and disoriented by time zone changes. And the pressures of a presidential campaign can magnify perceived failings, he added.

“I get a phone call every time either one of them stumbles or says something that’s off kilter,” Olsahnsky said. “They’re going, ‘What’s wrong?’

“I’m going, ‘Seriously, this happens to virtually all of us.’”

Available medical information suggests both candidates are doing fine, he added.

Both have family histories of “exceptional longevity,” with family members living into their 90s, Olshansky said.

Both are likelier than the average man their age to survive the next four years, Olshansky said. Biden and Trump are about 75% likely to live to the end of a potential second term, while the national average is 70%, he said.

Neither candidate drinks alcohol and Biden has eaten a healthy diet all his life and remains physically active, which reduces his cardiovascular risk, said Dr. Bradley Wilcox, the director of research at the department of geriatric medicine at the University of Hawaii’s medical school.

Ben Barnes, a former Democratic lieutenant governor of Texas who was first elected to that state’s legislature in 1960 at the age of 22, said age should not factor into a voter’s choice for president.

“There’s so many more important things about the candidates and about who the next president of the United States is going to be than their age,” Barnes said.

“Obviously, there’s some people who cannot function at the ages that these two candidates are and should not be considered for president. But I don’t think that age is something that should preclude either one of these people from becoming president.”

American Federation for Aging Research, a private nonprofit whose mission is to advance research on aging, scheduled the event before a string of recent events that brought renewed questions about Biden’s age.

Questions about age persist

But surveys of voters show that voters are concerned about the advanced age of both presidential candidates, particularly Biden.

More than three-quarters of respondents to an NBC News poll last month said they had either major or moderate concerns that Biden had the necessary mental and physical health to perform as president for a second term.

Prone to speaking gaffes even as a younger politician, Biden recently confused the names of foreign heads of states twice in a week.

While referring to the current leaders of?France and Germany, he used the names of the countries’ deceased leaders of a generation ago.

Justice Department Special Counsel Robert Hur questioned Biden’s mental acuity while clearing the president of wrongdoing in his handling of sensitive documents, saying one of the reasons prosecutors didn’t bring charges against Biden was that they believed Biden “would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.”

In a press conference to complain about some details of Hur’s report, including passages questioning his memory, Biden mistakenly referred to the president of Egypt as the president of Mexico.

Trump, who has often lied and exaggerated throughout his public life and continues to do so on the campaign trail, also recently sustained seeming lapses in memory.

In October, he mixed up the identities of the presidents of Hungary and Turkey and last month appeared to mistake his GOP primary rival Nikki Haley with former U.S. House Speaker Nancy Pelosi.

He later said the Pelosi-Haley swap was intentional.

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U.S. House passes bill to reverse Biden pause of some liquified natural gas exports https://www.criminaljusticepartners.com/2024/02/16/u-s-house-passes-bill-to-reverse-biden-pause-of-some-liquified-natural-gas-exports/ https://www.criminaljusticepartners.com/2024/02/16/u-s-house-passes-bill-to-reverse-biden-pause-of-some-liquified-natural-gas-exports/#respond Fri, 16 Feb 2024 15:01:25 +0000 https://www.criminaljusticepartners.com/?p=14557

Nine Democrats voted with every Republican in favor of legislation that would remove the federal requirement that the Department of Energy considers an LNG export permit in the public interest before allowing a project to move forward. (Photo by Jane Norman/States Newsroom)

The U.S. House voted Thursday to approve a bill that would preempt the Biden administration’s move last month to pause new approvals for some liquified natural gas exports.

Nine Democrats voted with every Republican in favor of the bill, which the chamber approved 224-200. The bill would remove the federal requirement that the Department of Energy considers an LNG export permit in the public interest before allowing a project to move forward.

Democrats voting for the bill were Yadira Caraveo of Colorado, Jim Costa of California, Henry Cuellar, Vicente Gonzalez and Marc Veasey of Texas, Jared Golden of Maine, Rick Larsen and Marie Gluesenkamp Perez of Washington and Mary Peltola of Alaska.

The bill does not appear likely to win the 60 votes needed to advance in the Senate, even if some Democrats would support it.

The bill, sponsored by Texas Republican August Pfluger, targets a recent endeavor by President Joe Biden’s administration to pause new Energy Department permits for LNG exports to non-free-trade-agreement countries. The pause has no specified end date and would be in place while the department reviews its criteria for its public-interest evaluations.

Like many of Biden’s energy policies, the move drew the ire of Republicans and some energy-state Democrats who said it would reduce domestic natural gas production.

European market

Advocates for the measure say LNG releases fewer climate-changing emissions than coal and other fossil fuels, and U.S. production and exportation of the fuel closes more of the European market to Russian-sourced LNG.

“President Biden has issued executive orders and given direction to the federal agencies across the government to shut down American energy production, even at the expense of jobs, economic development, national security and the climate,” South Carolina Republican Jeff Duncan said Thursday.

Releasing more American supply would hamper Russian President Vladimir Putin’s efforts to raise money for that country’s invasion of Ukraine, Duncan said. Russia is a large exporter of natural gas.

“Putin and his energy oligarchs are exporting to Europe 40% more than they did before the war in Ukraine,” Duncan said. “That’s 40% more money flowing right into the pocket of Vladimir Putin to fund his war with Ukraine. I would rather that money flow into the pockets of American energy producers and tax bases and communities all around this country.”

Duncan, the chairman of the House Energy and Commerce Subcommittee on Energy, Climate and the Grid, and other Republicans said Thursday the pause was an election-year ploy to gain favor with environmental groups and was not a well-informed policy goal.

The bill would reverse the pause by revoking the Energy Department’s authority to review export applications.

Instead, approvals for new exports would be overseen only by the Federal Energy Regulatory Commission. Under the bill, FERC would be required to deem all LNG exports in the public interest.

Bill would gut key protection, Dems say

Democrats lined up on the floor Thursday to oppose the bill, which they said would remove a critical environmental guardrail.

“Ensuring that LNG exports are in America’s best interest is something we should all want,” Energy and Commerce ranking Democrat Frank Pallone of New Jersey said. “Instead, we’re here considering a bill that does the opposite.”

The bill “goes so much further” than simply reversing the administration’s pause by requiring that FERC find any proposed LNG export in the public interest, the subcommittee’s ranking Democrat, Colorado’s Diana DeGette, said.

“It says all LNG exports must be in the public interest,” DeGette said. “And it prohibits the Department of Energy from finding otherwise.”

If increased exports lead to higher rates for U.S. consumers or “exorbitant” release of pollution, the department would be powerless to stop expansion, she said.

The pause does not impact current LNG exports, which are ample, DeGette added. The U.S. is the world’s leading producer of LNG. Exports have tripled since 2019.

The Biden administration opposes the bill, the White House Office of Management and Budget said in a Tuesday statement.

The bill would undermine the administration’s ability to ensure exports are aligned with economic, energy security, geopolitical and environmental goals, the statement said.

“The Administration believes that the critical protections current law provides, which this legislation would repeal, should be retained to protect residential and industrial consumers and national and domestic energy security,” the statement said.

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Biden administration picks airports for nearly $1 billion in terminal upgrades https://www.criminaljusticepartners.com/2024/02/15/biden-administration-picks-airports-for-nearly-1-billion-in-terminal-upgrades/ https://www.criminaljusticepartners.com/2024/02/15/biden-administration-picks-airports-for-nearly-1-billion-in-terminal-upgrades/#respond Thu, 15 Feb 2024 10:00:52 +0000 https://www.criminaljusticepartners.com/?p=14471

Passengers walk through a terminal at Baltimore/Washington International Thurgood Marshall Airport, or BWI, on Dec. 22, 2021 in Baltimore, Maryland. The Biden administration on Thursday announced nearly $1 billion in funding for airport terminal improvements, including at BWI. (Photo by Alex Wong/Getty Images)

The Biden administration will send close to $1 billion to airports across the country to upgrade terminal facilities, Transportation Secretary Pete Buttigieg announced Thursday.

The $970 million in grants will go to 144 airports in 44 states and three territories. Earmarked for terminal improvements, Buttigieg and other administration officials said the grants would fund projects to improve the passenger experience and create jobs.

The administration has worked to improve the air travel experience, Buttigieg told reporters Wednesday.

“Part of that better travel experience is to invest in our physical infrastructure to improve the airports that represent the beginning and end of every passenger’s journey and airports that are a key economic engine for workers who show up there every day and communities that rely on those airports to sustain their connectedness and their competitiveness,” Buttigieg said.

The grants will fund a variety of projects, ranging from building new terminals or concourses to making bathrooms bigger, Buttigieg said.

The funds would also help improve baggage systems and security screening areas, expand public transit options, build solar energy infrastructure and increase accessibility, Buttigieg said.

“This funding is real,” said Shannetta Griffin, the Federal Aviation Administration’s deputy administrator for airports. “We are changing lives.”

Buttigieg and Griffin briefed reporters on the grant selections on the condition their comments not be made public until Thursday.

The FAA received more than 600 applications for grants asking for a total of $14 billion, Griffin said.

Infrastructure law

The funding is authorized by the infrastructure law enacted in 2021. The grant selections this week represent the third round of roughly $1 billion of annual grant funding under the program. The law’s airport terminal program provides $5 billion over 5 years.

The total costs for the projects selected this year are more than $10.3 billion, meaning the grants announced Thursday cover an average of about 9.4% of total project costs.

Separate funding is available for aviation operations. The infrastructure law provides $25 billion in funding for airports, including the terminal grants.

Buttigieg highlighted grants to small airports in Appleton, Wisconsin, and on the Standing Rock Indian Reservation that spans portions of North Dakota and South Dakota.

The Appleton International Airport will receive $3.4 million for a $78 million overhaul that includes adding four gates, updating buildings and improving access.

The Standing Rock Airport will receive $700,000 out of $800,000 needed to build a new terminal building near Fort Yates, North Dakota. The general aviation airport, used for recreation and medical emergencies, does not have a terminal.

The largest grant in this year’s selections will go to Fort Lauderdale International Airport in Florida. A $50 million grant will be put toward a $221 million terminal connector.

Large grants will also go to major hubs, including $40 million for Chicago’s O’Hare International Airport, $36 million for the Phoenix airport, $35 million for Washington Dulles International Airport in Northern Virginia and $26.6 million for Denver’s airport.

Buttigieg will be in Charlotte, North Carolina, on Thursday to announce a $27 million grant for that city’s airport to replace passenger boarding bridges.

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Former GOP officials warn of ‘terrifying possibilities’ if Trump immunity claim accepted https://www.criminaljusticepartners.com/2024/02/13/former-gop-officials-warn-of-terrifying-possibilities-if-trump-immunity-claim-accepted/ https://www.criminaljusticepartners.com/2024/02/13/former-gop-officials-warn-of-terrifying-possibilities-if-trump-immunity-claim-accepted/#respond Wed, 14 Feb 2024 00:18:21 +0000 https://www.criminaljusticepartners.com/?p=14435

A group of anti-Trump Republican former officials warned against former President Donald Trump’s claims of presidential immunity in a brief to the U.S. Supreme Court. In this photo, Trump speaks at a campaign event on Jan. 6, 2024 in Newton, Iowa. (Photo by Anna Moneymaker/Getty Images)

WASHINGTON — Accepting former President Donald Trump’s claim of presidential immunity would embolden future presidents to use military force to stay in office indefinitely, a group of anti-Trump Republican former officials warned in a Tuesday brief to the U.S. Supreme Court.

Rejecting Trump’s immunity claim, which he has said should protect him from prosecution on charges of lying to and encouraging supporters who turned violent on Jan. 6, 2021 and attacked the U.S. Capitol, is essential to preserve American democracy, the officials wrote in a friend-of-the-court brief.

The 26 former U.S. Department of Justice attorneys, lawmakers and others who authored the brief were elected Republicans or served in Republican administrations. They include former New Jersey Gov. Christine Todd Whitman, former U.S. Sen. John Danforth of Missouri and former U.S. Rep. Mickey Edwards of Oklahoma.

Trump, who is the front-runner for the Republican presidential nomination, asked the court Monday to further delay his trial in District of Columbia federal court as the justices consider his presidential immunity claim. Trump’s attorneys asked the justices to adopt a broad view of presidential immunity, which they said was critical for protecting the power of the office.

In Tuesday’s brief, the Republican officials said the implications of the former president’s argument present “terrifying possibilities.”

“Under former President Trump’s view of absolute immunity, future first-term Presidents would be encouraged to violate federal criminal statutes by employing the military and armed federal agents to remain in power,” they wrote.

“No Court should create a presidential immunity from federal criminal prosecution, even for official acts, that is so vast that it endangers the peaceful transfer of executive power that our Constitution mandates.”

While Trump argues that such a “lurid hypothetical” of a president using the military or armed federal agents should not prevent him from being granted immunity, the former Republican officials say the particular allegations against the former president weigh heavily against accepting his argument.

For one, they write, the federal indictment against Trump alleges he used the Department of Justice as a tool in his fake elector scheme.

Specifically, the amici point out, the indictment alleges that a letter signed by Trump’s acting attorney general pressured states to replace legitimate Biden electors with false ones supporting Trump.

“Under Mr. Trump’s vast rationale for federal criminal immunity, a future President would be emboldened to direct the Secretaries of Defense and Homeland Security, as well as the Attorney General, to deploy the military and armed federal agents to support efforts to overturn that President’s re-election loss,” they wrote.

The framers of the Constitution meant to limit executive power and highly valued a peaceful transfer of power, the officials wrote.

Alexander Hamilton wrote in a Federalist Papers entry that the Constitution meant to prevent a “victorious demagogue” from staying in power, they wrote. Accepting Trump’s broad interpretation of presidential immunity would threaten that protection and encourage future presidents to go to extreme lengths to stay in power, they said.

“What kind of Constitution would immunize and thereby embolden losing first-term Presidents to violate federal criminal statutes — through either official or unofficial acts — in efforts to usurp a second term?” they wrote. “Not our Constitution.”

Constitutional experts weigh in

In addition to the former Republican officials, several constitutional law experts filed an amicus brief Tuesday arguing that Trump is not immune from federal prosecution.

The six law professors argued that Trump’s dual claims that he is immune because his actions were taken while he was still president, and that he is protected from any criminal prosecution following his Senate impeachment trial acquittal, are a “misreading of constitutional text and history as well as this Court’s precedent.”

The absolute immunity argument “finds no support” in the Constitution, the experts wrote.

“Seeking to distinguish the president from a British King, the Constitution’s framers and ratifiers repeatedly indicated that a president ‘may be indicted and punished’ after ‘commit[ting] crimes against the state,’” the experts wrote, citing debates at several state conventions about the federal Constitution.

Like the former Republican officials, the professors of law and politics asked the Supreme Court to deny Trump’s request to further delay the trial court’s proceedings.

On Trump’s impeachment clause argument, the constitutional law experts wrote: “The framers viewed the impeachment process as entirely distinct from criminal prosecution and thus thought that a verdict against an officer in one proceeding should have no impact on the other.”

The brief’s authors include Frank O. Bowman III, of the University of Missouri School of Law, Michael J. Gerhardt, of the University of North Carolina School of Law, Brian C. Kalt of Michigan State University College of Law, Peter M. Shane, of the Ohio State University Moritz College of Law and New York University School of Law, Laurence H. Tribe, professor emeritus of Harvard University and Keith E. Whittington, professor of politics at Princeton University and forthcoming chaired professor of law at Yale Law School.

Feb. 20 deadline

Also on Tuesday, Chief Justice John G. Roberts Jr. set a Feb. 20 deadline for Special Counsel Jack Smith, who is prosecuting the case for the Justice Department, to respond to Trump’s request for a stay in the trial.

The one-week deadline suggests the justices are seeking a speedy resolution to the issue.

Attorneys for Trump filed the request with the Supreme Court late Monday following a ruling last week from a three-judge panel on the D.C. Circuit Court of Appeals, comprising judges appointed by members of both parties, upholding a lower court’s decision to reject Trump’s immunity claim.

Trump’s stay request noted the former president would appeal the decision to the Supreme Court, as well as petition for a rehearing by the full D.C. Circuit. Trump asked that pretrial activity in the federal district court not proceed while those appeals are ongoing.

The immunity issue, which does not address the merits of the case Smith’s team has compiled against Trump, has gone on for months and delayed the scheduled March 4 trial date.

Trump made a pretrial motion to U.S. District Judge Tanya S. Chutkan in October seeking to throw out the four-count indictment based on his presidential immunity theory.

Chutkan denied the request, and Trump appealed her decision to the D.C. Circuit.

The Supreme Court also heard arguments last week in a case over whether Colorado could bar him from the presidential primary ballot because a provision in the Constitution’s 14th Amendment disallows insurrectionists from seeking office. The justices met Colorado’s argument with skepticism. A decision is expected soon.

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Democrats allege RFK Jr. campaign took illegal help to collect signatures in states https://www.criminaljusticepartners.com/2024/02/11/democrats-allege-rfk-jr-campaign-took-illegal-help-to-collect-signatures-in-states/ https://www.criminaljusticepartners.com/2024/02/11/democrats-allege-rfk-jr-campaign-took-illegal-help-to-collect-signatures-in-states/#respond Sun, 11 Feb 2024 21:10:13 +0000 https://www.criminaljusticepartners.com/?p=14346

Presidential candidate Robert F. Kennedy, Jr. takes the stage at the Des Moines Register soapbox Aug. 12, 2023. On Friday, Feb. 9, 2024, national Democrats alleged Kennedy has illegally coordinated with a super PAC to gather signatures for his bid. (Photo by Jay Waagmeester/Iowa Capital Dispatch)

The Democratic National Committee on Friday accused Robert F. Kennedy Jr. of illegally coordinating with a super PAC to gather signatures for his independent presidential campaign.

In a complaint to the Federal Election Commission, the DNC alleged American Values 2024, a super PAC supporting Kennedy, collected signatures to put Kennedy’s name on the ballot in several states. That violated federal law that requires a strict separation between campaigns and super PACs, the complaint said.

Democrats also noted American Values, which as a super PAC is not subject to the fundraising limits that apply to candidates, received much of its financial backing from conservative megadonor Timothy Mellon.

“Robert F. Kennedy Jr.’s campaign is flouting campaign finance law by outsourcing a critical campaign function – the collection of signatures required to appear on the ballot – to an outside Super PAC that is funded by Donald Trump’s top donor this cycle,” Mary Beth Cahill, a DNC senior adviser, said in a statement.

“This scheme between American Values 2024 and Robert F. Kennedy Jr.’s campaign requires significant – and plainly illegal – coordination.”

Mellon has contributed about $15 million of the more than $28 million American Values 2024 has raised, according to FEC records. He has also heavily contributed to Republican candidates including former President Donald Trump, the front-runner for the GOP presidential nomination. Efforts to reach Mellon on Friday were unsuccessful.

Collecting signatures

American Values 2024 has publicly pledged to spend $10 million to $15 million to collect signatures to get Kennedy on the ballot in every state and the District of Columbia. Its website lists 12 states – Arizona, California, Georgia, Illinois, Indiana, Maryland, Massachusetts, Michigan, New York, Texas, South Carolina and West Virginia – where it is focusing on ballot access.

The DNC complaint challenged signature efforts in those states, Colorado and Nevada.

Election laws in those states require the candidate’s campaign to file petition signatures, according to the Democrats’ complaint.

In an email to States Newsroom, Kennedy campaign manager Amaryllis Fox Kennedy called the matter a “non-issue” and said the Kennedy campaign had not accepted any signature lists from American Values.

The Kennedy campaign website includes blank signature petitions from various states on its website, along with instructions on how to collect and submit completed petitions, Fox Kennedy wrote. The Kennedy campaign has not received signatures from any PAC, including American Values, and does not tell the super PAC how to spend its money, she said.

“This is a nonissue being raised by a partisan political entity that seems to be increasingly concerned with its own candidate and viability,” Fox Kennedy said.

Previous rulings

The FEC, the federal body responsible for enforcing campaign laws, has previously ruled that outside groups performing critical campaign functions violate the requirement not to coordinate, the Democrats’ complaint said. Collecting signatures falls into that category, Democrats said.

The FEC complaint marks the most direct action Democrats have taken against Kennedy, an environmental lawyer, proponent of anti-vaccine conspiracy theories and a member of one of the most storied families in Democratic politics.

The son of former Attorney General Robert Kennedy and nephew of President John F. Kennedy considered challenging President Joe Biden in a Democratic nominating contest, but instead opted to leave the party last year to launch an independent White House run.

In national polls that include his name, he registers 8 to 10% support, far less than the presumptive nominees of the two major parties, but perhaps enough to affect election outcomes in key states, though it is unclear which major candidate would be more damaged by the votes Kennedy receives.

The complaint doesn’t specify what action the Democrats are seeking from the FEC, other than “monetary, declaratory or injunctive relief as necessary to remedy these violations.”

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Manchin blasts White House for siding with climate activists in natural gas pause https://www.criminaljusticepartners.com/2024/02/08/manchin-blasts-white-house-for-siding-with-climate-activists-in-natural-gas-pause/ https://www.criminaljusticepartners.com/2024/02/08/manchin-blasts-white-house-for-siding-with-climate-activists-in-natural-gas-pause/#respond Thu, 08 Feb 2024 23:13:26 +0000 https://www.criminaljusticepartners.com/?p=14296

Sen. Joe Manchin III, D-W.Va., chairs a Senate Energy & Natural Resources Committee hearing on the Biden administration’s pause for some new liquified natural gas exports Feb. 8, 2024. (Screenshot from committee stream.)

Members of the U.S. Senate Energy Committee on Thursday questioned the Biden administration’s recent move to pause approvals of some liquified natural gas exports, saying the move appeared to be taken for political purposes.

Committee Chair Joe Manchin III, a moderate Democrat from West Virginia, urged President Joe Biden to back out of the Department of Energy’s announcement last month that it would not consider new applications to export liquified natural gas, or LNG, to non-free-trade countries as it conducts a review of the energy source’s impacts.

Manchin and some Republicans on the panel warned Thursday that the move would aid Russia in its war against Ukraine and called it an election-year ploy to appease climate activists.

They noted the move didn’t go through a vigorous review process and that messaging about the pause from the White House has been focused on climate impacts.

“I strongly urge that this pause should be reversed immediately,” Manchin said. “Facts must come before action, not the other way around. Unfortunately, it seems the White House has already sided with climate activists to block any more LNG exports.”

Administration defends pause

Deputy Energy Secretary David Turk told the Senate panel that U.S. LNG capacity has tripled since the last comprehensive analysis of the issue in 2018 and is expected to double again by the end of the decade. Projects that already have department approval will not be affected, he said.

The department has a legal responsibility to consider the public interest, Turk said, adding that analysis of price and climate impacts needed to be updated after such rapid expansion.

“There is no doubt that this dramatically increasing amount of LNG export creates, and will continue to create, large numbers of jobs,” he said. “But our public-interest determinations also need to analyze price impacts to all U.S. consumers and all U.S. manufacturers and industry.”

Greater exports of natural gas can create higher prices domestically, he said.

An updated environmental analysis will need to focus on methane leakage, which is a major contributor to climate change, Turk added. The U.S. also needs to understand how greater use of LNG would affect climate in the long-term.

While its proponents say natural gas is a less carbon-intensive energy source than coal and other fossil fuels, Turk said projections still indicate global LNG demand must fall by 75% by 2050 to meet climate goals.

Political questions

Republicans on the panel, including former Chair Lisa Murkowski of Alaska, joined Manchin in accusing Biden of using the pause to curry favor with environmental groups.

“You have to acknowledge that there’s a fair amount of skepticism and cynicism about this and the politics of the timing with a president who is trying to get well with the environmental community,” Murkowski said. “It doesn’t make sense from an economic perspective, from a trade perspective.”

Ranking Republican John Barrasso of Wyoming called the move “cowardly.”

Biden “defies logic to kiss up to the radical climate extremists,” he said.

Manchin tangles with King

Sen. Angus King, a Maine independent who caucuses with Democrats, defended the pause in an exchange with Manchin.

Manchin, who is considering a third-party bid for president, said it was reasonable to update the process for approving LNG exports. But the administration’s pause was sudden and appeared political, he said.

“There are sensible reasons to update market assessments that the DOE uses when reviewing export applications to ensure the trajectory that we’re on won’t risk harming American families and businesses,” Manchin said. “But these types of decisions should be firmly based on facts, not politics.”

The administration did not consult Congress or undertake a full rulemaking before the pause was put in place, he said.

“If we’re talking about considering a pause, this is a great, great panel for that,” he said “You have an executive order doing a pause. That’s the difference I have with (the administration). They put the cart before the horse. You really leapt before you looked.”

King responded that the pause was only temporary and would allow the department to gather information to make an informed final policy decision.

“I think it’s just the opposite, Mr. Chairman,” King said. “They’re doing their job. Their job is to see that these projects are in the public interest. There’s no way to do that without the data.”

Manchin answered that the administration should have continued its operations as normal during a reassessment.

“You can’t do the pause first, though,” Manchin said.

“Why not?” King asked. “Continue approving projects when you find out five years from now it was a disaster? I don’t think that’s a very good policy.”

Turn to Russia

Critics of the pause said it would cede market share to Russian natural gas, which that country relies on to fund its war with Ukraine.

Manchin said the pause was “ill-advised” because it sent the message to allies and partners that the U.S. is “not in the market” for LNG exports.

“I don’t want to scare the bejesus out of our friends,” he said.

That view was validated by James Watson, the secretary general of European trade group Eurogas, who was a witness at Thursday’s hearing.

“By not being able perhaps to honor the commitments that have been made in the United States towards its allies, you are going to indeed force us to continue to do business with Russia,” Watson said.

Thursday’s hearing was the second on the subject on Capitol Hill this week, indicating the dismay among opponents of the pause.

A U.S. House Energy and Commerce subcommittee divided along party lines in their assessments of the pause during a Tuesday hearing.

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Biden’s natural gas export pause fought over by U.S. House panel https://www.criminaljusticepartners.com/2024/02/06/bidens-natural-gas-export-pause-fought-over-by-u-s-house-panel/ https://www.criminaljusticepartners.com/2024/02/06/bidens-natural-gas-export-pause-fought-over-by-u-s-house-panel/#respond Tue, 06 Feb 2024 23:35:33 +0000 https://www.criminaljusticepartners.com/?p=14192

Residences stand in front of a Venture Global LNG storage tank in Cameron, Louisiana. (Getty Images)

Members of a U.S. House panel on climate and energy issues split along party lines Tuesday about the Biden administration’s recent move to pause new approvals of liquified natural gas exports.

Republicans called a hearing to challenge the Energy Department’s announcement last month that it would indefinitely bar new LNG permits to non-free-trade partners as it studies the impacts, including on climate change, of LNG use.

Republicans on the U.S. House Energy and Commerce Subcommittee on Energy, Climate and Grid Security blasted the move Tuesday, saying it undercut the economic and environmental benefits of natural gas and hurt the United States on the world stage.

Democrats countered that it was an appropriate time to review an industry that has tripled its export capacity in five years.

‘A handout to adversaries’

As global demand for LNG grows, the move from President Joe Biden’s administration would slow U.S. exports and allow the market to be filled with energy products from hostile nations like Russia and Iran, subcommittee Chair Jeff Duncan, a South Carolina Republican, said.

“The Biden administration’s energy policy has been a handout to our adversaries,” he said.

Full Committee Chair Cathy McMorris Rodgers, a Washington Republican, said the industry employed hundreds of thousands and was responsible for billions of dollars in economic activity.

“President Biden’s LNG export ban will end these benefits for local economies, kill American jobs and increase energy prices,” she said.

Toby Z. Rice, the president and CEO of natural gas producer EQT Corp., told the panel he viewed the move as a ban, not a short-term pause. The policy would slow the industry, he said.

“I think this is a signal that will chill investments,” he said.

Eric Cormier, a senior vice president at the business coalition Southwest Louisiana Chamber Economic Development Alliance, said a slowdown in the industry would harm other businesses, especially in the leading region for LNG exports.

“When the administration announced its decision, my cell phone rang quite a bit,” he said. “Small business owners were panicking.”

Cormier said his group “adamantly disagrees” with the pause.

LNG advocates also say the product is cleaner than coal and other fossil fuels it can replace.

And U.S. natural gas is 40% cleaner than what Russia produces, Rodgers said.

Time to ‘take a hard look’

Democrats argued it was prudent to study the climate impacts of LNG and described the pause as a relatively modest step that would provide a better analysis of the tradeoffs of natural gas production.

The Energy Department’s analysis for LNG authorizations was last updated in 2018, when the U.S. industry exported one-third of natural gas it has capacity for today, subcommittee ranking Democrat Diana DeGette of Colorado said.

The pause does not affect projects already constructed or projects that have gained Energy Department approval. It wouldn’t change a projection that LNG production would again double in the next 10 years, DeGette said.

“The fact that our nation’s production has ramped up so quickly must be considered, especially since the U.S. currently has enough approved capacity to fulfill the world’s energy needs in the short and medium terms,” she said. “Continuously increasing LNG exports without updating guidelines to account for new information is a fundamentally unserious proposal.”

The pause would allow the department to gain a wider view of all the potential benefits and drawbacks of new proposals and better assess what projects “are actually in the public interest,” DeGette said.

“Looking out to the future, as the estimates are that the exports could double, it is an appropriate time for the administration to take a hard look on what the impacts are going to be,” Florida Democrat Kathy Castor said.

Gillian Giannetti, a senior attorney with the environmental group Natural Resources Defense Council, called the pause “a moderate but important” step. She said it was consistent with the requirement in federal law that new natural gas export approvals are only permitted if they are found to be in the public interest.

Russia debate

Duncan and Rodgers said the pause would help Russian President Vladimir Putin, whose country is a leading producer of natural gas.

If the U.S. share of global supply declines, Russian natural gas could fill the gap, they said.

Even if Russia’s market share doesn’t grow, the global price impact of reduced U.S. supply could make Russian exports more valuable, allowing Putin to pump more money into a war effort against Ukraine, Kentucky Republican Brett Guthrie said.

Brigham McCown, the director of the Initiative on American Security at the Hudson Institute, a conservative think tank, agreed with that premise.

“The world is going to get its LNG from somewhere,” McCown said. “And if not from us, it’s going to be from other, less stable, less reliable partners like Russia.”

But Democrats questioned Republicans’ commitment to taking Ukraine’s side in its war with Russia.

Most of the Republicans on the panel opposed a Ukraine aid package when it came up for a vote, the full committee ranking Democrat, Frank Pallone of New Jersey, said.

DeGette noted Republicans were set to vote Tuesday afternoon on an aid package that did not include funding for Ukraine.

Energy state Democrats more skeptical

While leading Energy and Commerce Democrats praised the pause Tuesday, it has not won universal acclaim from all members of the party.

Pennsylvania’s U.S. Sens. Bob Casey and John Fetterman, both Democrats, declared in a statement last week that Pennsylvania was “an energy state” and said they were concerned about the effects of the pause.

“While the immediate impacts on Pennsylvania remain to be seen, we have concerns about the long-term impacts that this pause will have on the thousands of jobs in Pennsylvania’s natural gas industry,” they said. “If this decision puts Pennsylvania energy jobs at risk, we will push the Biden Administration to reverse this decision.”

West Virginia Democratic Sen. Joe Manchin III, a longtime supporter of fossil fuels who is reportedly considering a third-party presidential campaign on a centrist platform, strongly criticized the measure and scheduled a hearing later this week to examine the issue.

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Trump claim of presidential immunity turned down by federal appeals court in D.C https://www.criminaljusticepartners.com/2024/02/06/trump-claim-of-presidential-immunity-turned-down-by-federal-appeals-court-in-d-c/ https://www.criminaljusticepartners.com/2024/02/06/trump-claim-of-presidential-immunity-turned-down-by-federal-appeals-court-in-d-c/#respond Tue, 06 Feb 2024 15:57:29 +0000 https://www.criminaljusticepartners.com/?p=14166

A District of Columbia appeals court ruled on Tuesday, Feb. 6, 2024, that former President Donald Trump is not immune from prosecution in a federal election interference case. Trump is shown speaking on May 28, 2022 in Casper, Wyoming. (Photo by Chet Strange/Getty Images)

WASHINGTON — Former President Donald Trump can be prosecuted for charges he schemed to overturn the 2020 election, a three-judge panel of a federal appeals court ruled Tuesday, rejecting Trump’s argument he was immune from criminal prosecution for any alleged conduct during his presidential term.

In a unanimous opinion, the D.C. Circuit Court of Appeals panel denied Trump’s request to throw out the federal charges accusing him of lying to and encouraging supporters who turned violent on Jan. 6, 2021.

Trump and his attorneys argued the case should be dismissed because Trump was acting in his official capacity as president and that allowing a president to be sued would have disastrous consequences.

The court found those arguments were “unsupported by precedent, history or the text and structure of the Constitution.”

The stakes of the argument were exceptionally high, they wrote, because of the nature of the charges against Trump, which accuse the former president of attempting to subvert a core principle of U.S. democracy.

“We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results,” they wrote.

A Trump campaign spokesman said Tuesday the former president will appeal the ruling, possibly further delaying Trump’s trial while he continues his campaign as the front-runner for the Republican presidential nomination.

“President Trump respectfully disagrees with the DC Circuit’s decision and will appeal it in order to safeguard the Presidency and the Constitution,” campaign spokesman Steven Cheung said. He did not specify whether the appeal would be to the U.S. Supreme Court or the full circuit court.

The D.C. Circuit panel set a Monday deadline for a notice of appeal.

The panel comprised judges appointed by presidents of both parties.

Republican former President George H.W. Bush appointed Karen LeCraft Henderson. Florence Y. Pan and J. Michelle Childs were appointed by President Joe Biden, a Democrat who is likely to face Trump in the November presidential election.

Nixon pardon cited

The judges wrote that former presidents have long been understood to be subject to criminal prosecution.

President Gerald Ford pardoned his predecessor, Richard Nixon, which both understood as shielding Nixon from criminal indictment related to Watergate, the judges said.

It is also consistent with the Constitution, they wrote.

“It would be a striking paradox if the President, who alone is vested with the constitutional duty to ‘take Care that the Laws be faithfully executed,’ were the sole officer capable of defying those laws with impunity,” they wrote, quoting the Constitution.

They rejected Trump’s argument that allowing prosecutions would open the door to harassment of former presidents by an opposing political party, noting that has not happened to the 44 presidents who held office before Trump.

“We conclude that the interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation,” they wrote.

And in Trump’s case the nature of the accusations — which would constitute “an unprecedented assault on the structure of our government” —?provide greater reason to allow criminal charges, the judges wrote.

A four-count indictment last year accused Trump of conspiring to overturn the 2020 presidential election.

The indictment accuses Trump of working with a group of co-conspirators to recruit false slates of electors, lying to the public about non-existent determinative election fraud and encouraging supporters to obstruct the election certification in a violent attack on the Capitol on Jan. 6, 2021.

Accepting Trump’s immunity argument would give presidents “carte blanche to violate the rights of individual citizens to vote and to have their votes count,”

Trump’s total immunity claim would place the president beyond the reach of all three branches of government, they wrote.

“We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter,” they wrote.

Henderson, Pan and Childs previewed their skepticism of the executive immunity claims during early January oral arguments with Trump present in the Washington, D.C. courtroom.

Most notably during the tough questioning, Trump attorney D. John Sauer appeared to defend that presidents could be immune from criminal prosecution, even for ordering assassination of political rivals.

Tuesday’s appellate decision does not make any determination about the merits of the underlying federal charges accusing Trump of election interference.

Fred Wertheimer, the president of government accountability group Democracy 21, called the matter “the most important criminal case pending against former President Trump.”

Further appeals

The D.C. Circuit order set a Monday deadline for a notice of appeal to the U.S. Supreme Court. That notice would maintain the freeze on pretrial proceedings that has been on hold since Trump appealed a ruling on his immunity claims in December.

The court is not required to take the appeal, but exercising his appellate options will help Trump extend the case, potentially beyond Election Day. Trump and his legal team have not explicitly said it is part of their strategy to delay the case as long as possible, but have taken opportunities to draw out the proceedings.

Trump could also appeal to the full D.C. Circuit, but the court rarely grants such requests and the panel said Tuesday that simply asking for a rehearing would not delay a trial schedule.

The Supreme Court is also “unlikely” to hear an appeal, according to legal experts Norman L. Eisen, Matthew A. Seligman and Joshua Kolb, who wrote an outline of potential timelines in the case for Just Security, a site devoted to foreign policy, democracy and security analysis, that published Jan. 9.

Trump raised his immunity defense in the trial court, where he faces federal charges related to the 2021 attack on the Capitol, saying he could not be prosecuted for the actions alleged in the indictment because he was acting in his official capacity as president to counteract election fraud and because he’d already been acquitted in an impeachment trial.

U.S. District Judge Tanya S. Chutkan denied those claims, a decision Trump appealed to the D.C. Circuit. On Friday, Chutkan also officially postponed his trial, which had been set to begin March 4.

Hours before the three-judge panel issued its ruling, Trump posted in all capital letters on his online platform, Truth Social, that “IF IMMUNITY IS NOT GRANTED TO A PRESIDENT, EVERY PRESIDENT THAT LEAVES OFFICE WILL BE IMMEDIATELY INDICTED BY THE OPPOSING PARTY.”

“WITHOUT COMPLETE IMMUNITY, A PRESIDENT OF THE UNITED STATES WOULD NOT BE ABLE TO PROPERLY FUNCTION!” he wrote.

Reaction rolls out

Several anti-Trump groups celebrated the ruling Tuesday, while Republicans on Capitol Hill launched a new effort to defend the former president through a House resolution.

The open records watchdog group American Oversight, which filed an amicus brief in the case, released a statement praising that appellate judges had “resoundingly rejected (Trump’s) claim that a president can commit crimes with impunity and avoid prosecution unless Congress impeaches and convicts him first.”

“We appreciate the Court’s careful consideration of our argument that Trump’s appeal was premature. By addressing the argument fully, the Court has removed the risk that this issue might be raised for the first time in any subsequent appeals, including to the Supreme Court, causing even more delay. Today’s important ruling affirms a core principle of our democracy — no one is above the law,” continued the statement from Heather Sawyer, American Oversight’s executive director.

Wertheimer noted Trump has throughout his career employed delay tactics in court proceedings and that “his efforts in this case are part of his oft-used strategy.”

“Trump’s goal is to get this criminal trial postponed until after the 2024 presidential election, at which time, if he wins the election, he can order his new Attorney General to drop the case,” he wrote.

He urged the Supreme Court to quickly dispose of a further appeal.

The Defend Democracy Project, an advocacy group focused on election integrity, said the appeals court ruling “upheld ?the Constitution and common sense. Trump can and will be tried on criminal charges.”

“A core principle of American democracy is that the law applies equally to everyone, even a president. Anyone who attempts to take away our freedom to choose our own leaders must be held accountable,” read the organization’s statement issued after the ruling.

During a previously planned press conference Tuesday to announce a resolution absolving Trump from any action on Jan. 6, 2021, far-right House Republicans decried any scrutiny of the former president.

Lauren Boebert of Colorado said the several pending criminal cases against Trump amount to a “witch hunt.”

“It’s absolutely unprecedented, and the woke mob, the fake news and the leftist government officials who are engaging in this extortion should be downright ashamed of themselves. All of the bogus cases against President Trump are, plain and simple, election interference (in the 2024 election),” said Boebert, who signed onto the resolution led by Florida Republican Matt Gaetz.

Trump also faces criminal charges in three other cases.

State election interference charges in Georgia make similar accusations as the federal indictment. State charges in New York accuse him of falsifying business records by making unsanctioned hush money payments from campaign accounts. And a federal grand jury in Florida accused him of mishandling classified documents.

None of the cases have reached the trial phase, while Trump continues to build momentum toward a third Republican nomination for president.

This story has been updated with new information.

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Biden administration sanctions ‘extremist’ Israeli settlers in West Bank https://www.criminaljusticepartners.com/2024/02/01/biden-administration-sanctions-extremist-israeli-settlers-in-west-bank/ https://www.criminaljusticepartners.com/2024/02/01/biden-administration-sanctions-extremist-israeli-settlers-in-west-bank/#respond Thu, 01 Feb 2024 22:36:59 +0000 https://www.criminaljusticepartners.com/?p=14031

President Joe Biden on Feb. 1, 2024, signed an executive order sanctioning Israeli settlers in the West Bank. Biden is shown speaking in the South Court Auditorium at the White House complex on Feb. 16, 2023. (Photo by Drew Angerer/Getty Images)

President Joe Biden sanctioned four Israeli settlers in the West Bank on Thursday, part of an administration effort to curb civilian casualties in the region as Israel’s war with Hamas continues.

Biden signed an executive order authorizing financial sanctions that can be applied to both Israelis and Palestinians who engage in acts of violence on the West Bank, a Palestinian territory on the Jordan River occupied by Israel. But the first four individuals designated under the order were Israeli settlers accused of violence against Palestinians and Biden made clear “extremist settler violence” motivated the move.

“I have issued an Executive Order declaring a national emergency to deal with the threat posed by the situation in the West Bank, including in particular high levels of extremist settler violence, forced displacement of people and villages, and property destruction,” he wrote in a message to Congress accompanying the order.

“Such actions constitute a serious threat to the peace, security, and stability of the West Bank and Gaza, Israel, and the broader Middle East region and undermine the foreign policy and national security objectives of the United States,” Biden continued.

The United States supports a two-state solution for Israelis and Palestinians, which settler activity in the West Bank threatens, he said. Violence in the area also threatens Israeli security and U.S. personnel and interests and could lead to “broader regional destabilization,” he wrote.

Freeze on U.S.-based assets

The order is similar to other sanctions that aim to block access to the U.S. financial system, a senior administration official told reporters Thursday. Two senior administration officials briefed reporters on details of the order Thursday on the condition they not be named.

The order freezes any U.S.-based assets of designated individuals and blocks anyone in the U.S. from sending money or other services to the listed individuals.

An initial State Department list Thursday named four Israeli settlers who were subject to the sanctions.

The State Department accused the individuals of inciting and leading a riot, which caused the death of a Palestinian civilian, assaulting Palestinian farmers and Israeli peace activists, and “creating an atmosphere of fear in the West Bank.”

White House Security Council spokesman John Kirby told reporters aboard Air Force One en route to a Biden campaign event in Michigan that the order was part of a longstanding commitment to peace in the region.

“It’s a signal to the whole world how seriously President Biden takes this settler violence against Palestinians in the West Bank,” Kirby said, according to audio provided by the White House press pool.

“He’s been very, very clear on that for a long, long time. It’s got to stop. It’s unacceptable. It’s a detriment to peace and security, certainly there in the West Bank and to the Palestinian people in general.”

Israeli government officials were given advance notice of the order, Kirby said. Government officials are not intended targets of sanctions, Kirby said.

Pressure from progressives

The order comes amid pressure from progressive activists for the Biden administration to work to end the war that erupted after the militant group Hamas attacked Israel on Oct. 7.

While Biden administration officials have affirmed Israel’s right to respond to the attack, they have increasingly demanded more attention to minimizing civilian casualties.

“Israel must do more to stop violence against civilians in the West Bank and hold accountable those responsible for it,” Secretary of State Antony Blinken said in a Thursday news release on the sanctions.

“The United States will continue to take actions to advance the foreign policy objectives of the United States, including the viability of a two-state solution, and is committed to the safety, security, and dignity of Israelis and Palestinians alike.”

While the initial targets of the order were Israeli, a senior administration on the press call said the order is “non-discriminatory” and could be applied to “Israelis and Palestinians alike.”

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‘A product that’s killing people’: Lawmakers chastise social media giants for harm to kids https://www.criminaljusticepartners.com/2024/01/31/a-product-thats-killing-people-lawmakers-chastise-social-media-giants-for-harm-to-kids/ https://www.criminaljusticepartners.com/2024/01/31/a-product-thats-killing-people-lawmakers-chastise-social-media-giants-for-harm-to-kids/#respond Wed, 31 Jan 2024 23:23:09 +0000 https://www.criminaljusticepartners.com/?p=13970

Mark Zuckerberg, CEO of Meta, speaks directly to victims and their family members during a Senate Judiciary Committee hearing at the Dirksen Senate Office Building on Jan. 31, 2024 in Washington, D.C. The committee heard testimony from the heads of the largest tech firms on the dangers of child sexual exploitation on social media. (Photo by Anna Moneymaker/Getty Images)

Members of the U.S. Senate Judiciary Committee castigated executives at leading social media companies Wednesday, calling for more to be done to shield children from sexual exploitation, drug dealing, self-harm encouragement and other damaging content.

In one tense exchange, Missouri Republican Sen. Josh Hawley demanded to know if Mark Zuckerberg, the founder of Facebook, had ever apologized to his platforms’ victims — prompting Zuckerberg to turn around and briefly speak to the audience of family members in the Senate committee room, saying he was sorry for what they have gone through.

Senators of both parties during the four-hour, emotionally charged hearing promoted a raft of bills the committee has unanimously passed that they say would add significant accountability to tech platforms.

And they urged the tech executives — including Zuckerberg of Meta, Shou Chew of TikTok and Linda Yaccarino of X — to work with them on legislation or risk being “regulated out of business.”

Social media users, especially children and teens, are vulnerable to online scams, extortion and other dangerous material, several senators said.

More than 100,000 instances of child sexual abuse material are reported daily, said Senate Judiciary Chairman Dick Durbin, an Illinois Democrat.

Children and teens are also subject to “sextortion,” where predators trick them into providing compromising material, then demand payments to keep the images from being shown publicly, he said.

The psychological damage from such episodes can lead to suicide, Durbin and other senators noted.

The panel’s ranking Republican, Lindsey Graham of South Carolina, said he had concluded that, perhaps despite company founders’ initial aims, social media platforms are “dangerous products” that are “destroying lives, threatening democracy itself.”

“You have blood on your hands,” he said in an opening statement, prompting the first of several rounds of applause from an audience filled with family members of victims of online exploitation. “You have a product that’s killing people.”

Big tech defense

The social media executives acknowledged that their platforms could be exploited by bad actors, but said harmful content made up small portions of what appeared on their platforms and noted their companies had teams working to control unsafe material.

The executives declared a responsibility to protect users from dangerous content.

“All of us here on the panel today and throughout the tech industry have a solemn and urgent responsibility to ensure that everyone who uses our platforms is protected from these criminals, both online and off,” Jason Citron, CEO of the video game-focused platform Discord Inc., said.

But the executives were hesitant to commit their support to legislation touted by senators that would expand protections for social media users.

Graham asked Citron if he supported several policy changes, including repealing Section 230 of the Communications Act that protects online companies from liability for content on their platforms.

Citron didn’t endorse any.

“So here you are,” Graham said. “If you wait on these guys to solve the problem, we’re going to die waiting.”

Senators demand votes

Graham called for “a day of reckoning on the floor of the United States Senate” to have votes on the proposals passed out of the committee.

Those bipartisan bills include Graham’s legislation to remove Section 230 protections in the cases of sexual exploitation of minors and a bill from Minnesota Democrat Amy Klobuchar to criminalize distribution of revenge porn.

Graham, Klobuchar and other members of the committee said opening the companies to legal liability was key to making the user experience safer.

Klobuchar said the platforms could be venues for drug dealing, citing examples of people who died after buying fentanyl-laced pills on social media platforms.

“When a Boeing plane lost a door in mid-flight several weeks ago, nobody questioned the decision to ground a fleet of over 700 planes,” she said. “So why aren’t we taking the same type of decisive action on the danger of these platforms when we know these kids are dying?”

North Carolina Republican Thom Tillis urged the executives to “secure your platforms.”

“Do you not have an inherent mandate to deal with this?” he said. “Because it would seem to me if you don’t, you’re going to cease to exist. I mean, we could regulate you out of business if we wanted to.”

Hawley and Zuckerberg?

In the back-and-forth between Hawley and Zuckerberg, Hawley urged the billionaire social media pioneer to compensate victims of abuse on his company’s platforms.

Zuckerberg said his job was to make platforms safer, which his company took seriously.

“Have you apologized to the victims?” Hawley asked Zuckerberg. “Would you like to do so now? They’re here, you’re on national television. Would you like now to apologize to the victims?”

Zuckerberg stood and turned around to face the audience. His full remarks were not captured by the microphone he had turned away from, but he could be heard saying he was sorry for what families had experienced.

“No one should have to go through the things that your families have suffered,” he said. “This is why we invest so much and are going to continue to do industry-leading efforts to make sure that no one has to go through the types of things that your families have had to suffer.”

The audience, which had applauded Hawley’s aggressive questioning, was silent as Zuckerberg sat and turned back to the senators.

TikTok Chinese ties again under fire

A few Republican senators asked Chew about the data security of TikTok users, noting the platform’s parent company was based in China and subject to the Communist country’s requirements to share data with the government.

The issue was the subject of its own U.S. House hearing last year, with Chew as the sole witness.

TikTok “is subject to the control and inspection of a foreign, hostile government that has actively tried to track the information and whereabouts of every American they can get their hands on,” Hawley, who has a bill to bar the platform from the United States, told Chew Wednesday. “Your app ought to be banned in the United States of America.”

Chew said the company, which is headquartered in the U.S., has a program based in Texas that is dedicated to users’ data security.

Arkansas Republican Tom Cotton questioned Chew’s personal loyalties. Cotton, a former U.S. Army captain, asked if Chew, a citizen of Singapore, had ever been a member of the Chinese Communist Party.

“No, Senator,” Chew answered. “Again, I’m Singaporean.”

Chew, who is married to a U.S. citizen and has two children who are U.S. citizens, said he had “not yet” applied for his own U.S. citizenship. He and his family live in Singapore, he said.

Cotton pushed Chew to label Chinese President Xi Jinping a dictator. Chew declined to answer, saying he was there to answer questions about his company, not comment on world leaders.

“Are you scared that you’ll lose your job if you say anything negative about the Chinese Communist Party?” Cotton asked. “Are you scared that you’ll be arrested and disappeared the next time you go to mainland China?”

Chew said content critical of the Chinese regime could be found on TikTok.

Compelled to testify

Zuckerberg and Chew appeared at the hearing voluntarily, Durbin said, while the others -— Yaccarino, Citron and Snap CEO Evan Spiegel — testified only after they received subpoenas. U.S. marshals had to visit Discord’s San Francisco headquarters to serve Citron, he added.

Each of the five companies represented at the hearing took steps to improve child-safety features in recent days, Durbin said, derisively noting the timing was “coincidentally” just before the hearing.

“Coincidentally, coincidentally, several of these companies implemented common-sense child safety improvements within the last week,” he said. “Days before their CEOs would have to justify their lack of action before this committee.”

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On to November: Trump win in New Hampshire sets up 2024 rematch with Biden https://www.criminaljusticepartners.com/2024/01/24/on-to-november-trump-win-in-new-hampshire-sets-up-2024-rematch-with-biden/ https://www.criminaljusticepartners.com/2024/01/24/on-to-november-trump-win-in-new-hampshire-sets-up-2024-rematch-with-biden/#respond Wed, 24 Jan 2024 21:40:46 +0000 https://www.criminaljusticepartners.com/?p=13735

Republican presidential candidate and former U.S. President Donald Trump takes the stage with supporters, campaign staff and family members for a primary night party at the Sheraton on Jan. 23, 2024 in Nashua, New Hampshire. (Photo by Chip Somodevilla/Getty Images)

WASHINGTON —?Leading Republicans —?and the Biden presidential campaign — on Wednesday rushed to identify former President Donald Trump as the presumptive GOP nominee after he won decisively in New Hampshire’s Republican presidential primary.

Trump bested Nikki Haley, his former United Nations ambassador, by more than 10 percentage points in a moderate state with an open primary that would have been expected to play to her strengths. His Tuesday victory came days after he won the first-in-the-nation Iowa caucuses on Jan. 15.

Rather than thrust Haley, the former South Carolina governor, into a two-person race for the GOP nomination as she’d hoped, the New Hampshire results showed Trump is virtually unbeatable in the many GOP primaries yet to come through the next months. Republican senators like John Cornyn of Texas and Deb Fischer of Nebraska issued their endorsements as Trump’s win became apparent.

“Barring some unforeseen event, Donald Trump’s going to be the Republican nominee,” said Alex Conant, a Republican strategist and partner at Firehouse Strategies. “It’s just who Republican voters want. In Iowa, New Hampshire, but also every national poll and every state primary poll, Trump’s leading by a lot. So at the end of the day, elections have consequences and Republicans like Donald Trump.”

The former president’s victory set up a general election rematch with President Joe Biden, who nearly tripled his closest Democratic rival’s vote total in New Hampshire despite not even being on the ballot.

Haley is skipping the next nominating contest, the Feb. 8 Nevada caucus, to focus on her home state’s Feb. 24 primary where she also faces a significant polling gap. She has little realistic chance of winning the nomination and may officially drop her bid in the coming days, said Todd Belt, a George Washington University professor and director of the school’s political management program.

“She’s going to have to wage a really tremendous ground game and air game to be anywhere competitive, to avoid, frankly, getting embarrassed,” he said. “I give it 50-50 odds that (she drops out) in the next day or two.”

The Biden campaign told reporters the general election campaign has arrived.

“I want to kick things off by stating the obvious: The results out of New Hampshire confirm that Donald Trump has all but locked up the GOP nomination,” Julie Chavez Rodriguez, Biden’s campaign manager, began her remarks on a Wednesday morning call with reporters.

Trump’s presumptive nomination provides a stark choice for voters, Chavez Rodriguez and other campaign officials said. In previews of likely themes throughout the next nine months of a general election campaign, they noted Biden’s support for abortion rights and Trump’s attacks on the democratic system.

Republican presidential candidate Nikki Haley delivers remarks at her primary night rally at the Grappone Conference Center on January 23, 2024, in Concord. (Brandon Bell | Getty Images)

Trump attacks Haley: ‘She lost’

Trump won both of the first two nominating contests, the New Hampshire primary and the Iowa caucuses, which no non-incumbent GOP candidate had ever done. The double-digit margins in both states left little doubt about the shape of the race moving forward.

In a celebratory speech after capturing nearly 55% of the vote Tuesday, Trump also claimed victory in Nevada and predicted “easily” winning South Carolina.

He took several shots at Biden and Haley, whose upbeat tone in a speech earlier in the evening seemed to irk the front-runner.

“She’s doing a speech like she won,” he said. “She didn’t win. She lost.”

With the support of New Hampshire’s centrist GOP Gov. Chris Sununu, Haley needed a victory in the Granite State to have any chance at the nomination, Trump said.

“She did very poorly, actually,” he added. “She had to win. The governor said, ‘She’s gonna win, she’s gonna win, she’s gonna win.’ Then she failed badly.”

Trump also repeated the lie that his 2020 loss to Biden was the result of fraud.

Haley says she’s ready for long race

Haley pledged to continue running at least through South Carolina, saying she was “in it for the long haul.” She has reserved $1.8 million of television ad time in South Carolina, according to the advertising tracking firm AdImpact, and debuted a 30-second commercial Wednesday that called a Biden-Trump race “a rematch no one wants.”

But the odds are against her.

Trump won majorities in the first two nominating contests, even as he faces four criminal trials.?

The prosecutions have not hurt Trump among Republican voters, who largely view them as illegitimate political exercises. Exit polling in Iowa and New Hampshire showed most GOP voters would still support Trump if he was convicted.

But even a conviction is unlikely to shake up the Republican race because of the timing. None of the criminal cases are likely to go to trial before March 5, the date known as Super Tuesday because nearly half of delegates will be up for grabs in 15 nominating contests.

Haley could technically stay in the race as long as she wants, but funding a competitive campaign will become less possible as Trump continues to rack up victories, Belt said.

Donors won’t continue contributing to a campaign that has shown no sign of winning, he said.

“They don’t want to throw bad money after bad,” he said.

Congressional Republicans see race narrowing

Key Republican senators appeared nearly ready Tuesday and Wednesday to call Trump their party’s standard bearer for 2024.

Former Senate GOP Whip Cornyn endorsed Trump Tuesday evening, saying it was “clear that President Trump is Republican voters’ choice,” and calling for his GOP colleagues to rally around the former president.

“I have seen enough,” he wrote in a Tuesday night social media post. “To beat Biden, Republicans need to unite around a single candidate.”

Fischer, of Nebraska, also offered her endorsement on social media as the New Hampshire results came in.

“It’s time for Republicans to unite around President Donald Trump and make Joe Biden a one-term president,” she wrote.

Rep. Mike Johnson, left, was congratulated by Rep. Andy Barr of Kentucky on his election as speaker in October. Barr, a Republican from Lexington, endorsed Trump in December. (Win McNamee/Getty Images)

U.S. House Speaker Mike Johnson, a Louisiana Republican, congratulated Trump on winning the New Hampshire primary in a post on social media.

“Our House Republican leaders and a majority of Republican Senators support his reelection, and Republican voters in Iowa and New Hampshire have strongly backed him at the polls,” Johnson said. “It’s now past time for the Republican Party to unite around President Trump so we can focus on ending the disastrous Biden presidency and growing our majority in Congress.”

South Carolina Republican Sen. Lindsey Graham said Wednesday on Capitol Hill that he was skeptical Haley could continue to stay in the race following the results of the New Hampshire primary.

“I think the path for her is very narrow, and after South Carolina (primary) gets even more narrow,” he said.

The handful of endorsements showed Trump’s strength in the party that has transformed in the past eight years into a group of Trump loyalists, Belt said.

“They came very quickly,” he said of the endorsements. “They know better than to antagonize Trump’s voters, because they’re active, they vote and they are organized.”

Not ready yet

Some Republican senators, though, were not yet ready to endorse the front-runner in interviews Wednesday at the U.S. Capitol.

Iowa GOP Sen. Joni Ernst said she “likely” wouldn’t endorse a candidate, though she didn’t entirely rule it out.

“I just think it’s good that all of these constituencies have the opportunity to select the person they feel is best qualified,” Ernst said.

But she also praised Haley when asked if Haley could have a path to winning the Republican nomination for president.

“I think she is a fabulous candidate and a great leader, but I don’t know what the polls will look like moving forward,” Ernst said.

West Virginia Republican Sen. Shelley Moore Capito said she might endorse a candidate, though she didn’t give any indication whether that would be Trump or Haley.

“I haven’t endorsed in the past in the presidential but … I’m considering it. Yes. I’ll just put it that way,” Capito said.

In a later interview, Capito said the New Hampshire win was a “good victory” for Trump and noted that Haley recognized that in her speech.

Arkansas Republican Sen. John Boozman said he hadn’t decided if he would endorse in the presidential primary. But he noted polling indicates Trump will likely become the nominee.

Iowa Republican Sen. Chuck Grassley pledged his support for the eventual nominee, without mentioning Trump.

“Just be assured of this — I’m going to support the Republican nominee because we can’t spend four more years on inflation and an insecure border and the national security problems that are connected with criminals coming to this country.”

Utah’s Mitt Romney, a persistent Republican critic of Trump, said that even though the party’s nominating contest has “pretty much concluded,” he wouldn’t be supporting Trump for president.

GET THE MORNING HEADLINES.

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Three-judge federal panel grills Trump lawyer on claim of presidential immunity https://www.criminaljusticepartners.com/2024/01/09/three-judge-federal-panel-grills-trump-lawyer-on-claim-of-presidential-immunity/ https://www.criminaljusticepartners.com/2024/01/09/three-judge-federal-panel-grills-trump-lawyer-on-claim-of-presidential-immunity/#respond Tue, 09 Jan 2024 19:20:52 +0000 https://www.criminaljusticepartners.com/?p=13330

Former President Donald Trump speaks at the Waldorf Astoria hotel in Washington, D.C. following a hearing in D.C. Circuit Court on his claim of presidential immunity from criminal prosecution. (Screenshot from C-SPAN)

WASHINGTON — Former President Donald Trump appeared in federal court Tuesday seeking immunity from charges that he schemed to overturn the 2020 presidential election results and knowingly fed lies to supporters who turned violent on Jan. 6, 2021.

Trump, who is leading polls in the 2024 Republican presidential primary field, watched while his attorney D. John Sauer was grilled by a panel of judges as he argued that the former president is shielded from criminal prosecution because he acted in an official capacity. Trump in a brief press conference later suggested a ruling against his immunity claim would spur “bedlam” from his supporters.

The former president arrived at the courtroom minutes before the proceedings with his team of lawyers and sat mostly expressionless, taking no notes, while Sauer answered questions from a three-judge all-female panel, according to reporters inside the courtroom. Dozens of other journalists watched a live feed from a media room for the U.S. Court of Appeals for the District of Columbia in the E. Barrett Prettyman Courthouse.

Presiding Judges Karen LeCraft Henderson, Florence Y. Pan and J. Michelle Childs fired question after question to Sauer for roughly 40 minutes as he argued that Trump’s acts leading up to and on Jan. 6 were “official” and that his eventual acquittal by the U.S. Senate protects him from double jeopardy.

Trump was impeached by the U.S. House for inciting an insurrection on Jan. 6.

The decision by the appeals judges — Henderson, appointed under President George H. W. Bush, and the others recent President Joe Biden appointees — is likely to land in the U.S. Supreme Court, where a ruling could have significant implications for presidential liability.

Under questioning, Sauer told the appeals panel that “to authorize the prosecution of a president for his official acts would open a Pandora’s box (from) which this nation may never recover.”

The judges questioned whether a president’s actions while in office, no matter the legality, would be immune from criminal prosecution.

“You’re saying a president could sell pardons, could sell military secrets, could order SEAL Team Six to assassinate a political rival,” Pan said to Sauer.

Sauer conceded that selling military secrets “strikes me as something that might not be held to be an official act.”

Pan replied that Sauer’s concession undermines the Trump team’s argument that the government’s separation of powers guarantees the judiciary cannot hold the executive branch accountable.

“Given that you’re conceding that presidents can be criminally prosecuted under certain circumstances, doesn’t that narrow the issues before us to ‘Can a president be prosecuted without first being impeached and convicted?’” Pan said.

“Your separation of powers argument falls away, your policy arguments fall away if you concede that a president can be criminally prosecuted under some circumstances,” Pan said.

Henderson, questioning whether Trump’s actions can be defended as official acts, said, “I think it’s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate (federal law).”

Government’s case

Arguing for the U.S. Department of Justice, Assistant Special Counsel James Pearce described the potential for an “awfully scary” and “frightening” future if presidents could be completely immune from criminal prosecution.

Pearce rebuffed the notion that “floodgates” would open for cases against presidents.

“This investigation doesn’t reflect that we are going to see a sea change of vindictive tit for tat prosecutions in the future. I think it reflects the fundamentally unprecedented nature of the criminal charges here,” Pearce said.

Trump could be seen shaking his head in disagreement at the comment, according to reporters in the room.

“If as I understood my friend on the other side is to say here, a president orders his SEAL team to assassinate a political rival and resigns, for example, before an impeachment, (it’s) not a criminal act. I think that’s an extraordinarily frightening future,” Pearce said during his roughly 20 minutes of questioning.

In his five-minute rebuttal, Sauer said a United States in which a president is “very, very, very seldom prosecuted because they have to be impeached and convicted first is the one we’ve lived under for 235 years. That’s not a frightening future, that’s our republic.”

Sauer said the criminal charges against Trump are now creating “a situation where we have the prosecution of the political opponent who’s leading in every poll in the presidential election next year and is being prosecuted by the administration that he’s seeking to replace.”

The three-judge panel concluded oral arguments after an hour and 15 minutes and did not indicate when judges would release a decision.

Trump calls for immunity, warns of ‘bedlam‘

In brief remarks following the hearing at the Waldorf Astoria hotel in Washington, which was a Trump-branded property until his business sold the lease in 2022, Trump said presidents should have legal immunity, proclaimed his innocence and hinted his supporters would create more unrest if he were prosecuted.

Biden was using federal prosecutions to damage his chief rival politically, Trump said.

“This is the way they’re going to try to win,” he said. “And that’s not the way it goes. There’ll be bedlam in the country. It’s a very bad thing, it’s a very bad precedent. As we’ve said, it’s the opening of a Pandora’s box. It’s a very sad thing that’s happened with this whole situation.

“When they talk about threat to democracy, that’s your real threat to democracy and I feel that as a president, you have to have immunity,” Trump added.

The remarks drew on a strategy the Trump campaign has employed for months to use the former president’s myriad legal troubles to boost his electoral standing by framing him as a victim of political persecution.

Trump suggested that he was being prosecuted for official acts related to curbing voter fraud and repeated debunked claims that the 2020 election was decided by fraudulent votes.

“I did nothing wrong, absolutely nothing wrong,” he added. “I’m working for the country.”

Trump spoke for just more than seven minutes and did not take questions.

Trump indictment

U.S. District Court Judge Tanya Chutkan in December denied Trump’s motion to dismiss his case based on presidential immunity.

U.S. Special Counsel Jack Smith asked the Supreme Court to immediately take the case, bypassing the appeals level, but the justices declined.

A federal grand jury indicted Trump in August for interfering in election results following the November 2020 presidential contest.

The indictment accuses Trump of conspiring with attorneys, a U.S. Department of Justice official and a political consultant, all unnamed, to organize fake electors for Trump from seven key states that Biden in fact won. Those states included Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin.

The indictment also outlined Trump’s pressure campaign on former Vice President Mike Pence to reject electors from those states during his ceremonial role of certifying the election results on Jan. 6, 2021.

Leading up to that date, the indictment recounts, Trump knowingly fed a stream of lies to his supporters that he won the election, igniting a rally during which he spoke on Jan. 6, 2021 and culminating in a violent attack on the U.S. Capitol. The official four charges against Trump include conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of, and attempt to obstruct, an official proceeding; and conspiracy against rights.

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Trump legal problems abound as first test of 2024 presidential campaign nears in Iowa https://www.criminaljusticepartners.com/2024/01/08/trump-legal-problems-abound-as-first-test-of-2024-presidential-campaign-nears-in-iowa/ https://www.criminaljusticepartners.com/2024/01/08/trump-legal-problems-abound-as-first-test-of-2024-presidential-campaign-nears-in-iowa/#respond Mon, 08 Jan 2024 23:18:37 +0000 https://www.criminaljusticepartners.com/?p=13288

Donald Trump. (Scott Olson/Getty Images)

WASHINGTON — On the cusp of a 2024 election season like none other in U.S. history, former President Donald Trump’s legal and political worlds are set to converge.

Trump’s lawyers on Tuesday will argue before a federal appeals court in Washington, D.C. that he is immune from prosecution for actions he’s accused of taking while in office — less than a week before Iowa Republicans congregate in town halls and church basements for their first-in-the-nation presidential caucuses.

If Trump disagrees with the decision at the appeals level, he is expected to escalate his case to the U.S. Supreme Court, whose decision could have wide-ranging implications if the justices take the case, a likely possibility.

That request would mark the second time Trump has petitioned the high court ahead of the election. Last week Trump asked the justices — one-third of whom he appointed — to review the Colorado Supreme Court’s decision to strike his name from the ballot, citing his role on Jan. 6, 2021. The U.S. Supreme Court accepted the case and set legal arguments for Feb. 8.

Trump has appealed a similar decision in Maine, but at a state court level.

Both Colorado and Maine concluded that Trump violated the 14th Amendment’s Civil War-era insurrection clause on Jan. 6, 2021, and therefore cannot seek elected office.

The nation’s 45th commander-in-chief, vying to again occupy the Oval Office, faces 91 criminal charges spread across four federal and state indictments, is the subject in a string of civil suits and sits in limbo over whether his name can remain on primary ballots in Colorado and Maine. At the same time, the primary season will kick off with Iowa’s caucuses on Jan. 15, quickly followed by the New Hampshire primary on Jan. 23 and a long lineup of state contests through the spring.

Polls show Trump holding a commanding lead in the Republican presidential primary, and the highly polarized political climate suggests he won’t lose much support among GOP voters even as his legal troubles intensify, experts said. Trump, buoyed by his supporters, has so far shown a remarkable talent for turning his scandals to his political advantage.

Even a small shift among general election voters, though, could have a significant impact on the general election, which may be decided by tens of thousands of votes in swing states like Arizona, Pennsylvania, Michigan, Georgia and Wisconsin.

While much lesser scandals have sunk presidential bids in previous eras, Trump’s message has been effective in a deeply divided country, Kathleen Dolan, a political scientist at the University of Wisconsin-Milwaukee, said in an interview.

Rather than seeing criminal allegations as disqualifying, Trump’s base views the prosecutions as evidence to support Trump’s claims of political corruption that only he can fix.

“He benefits enormously —?and has benefited enormously since 2016 — from the polarization that exists in the country,” she said.

“There are people on the right who see him being persecuted by the government for political purposes,” she added. “If you believe that about him, and you believe that the Biden administration is trying to destroy him through the legal system, that’s going to help solidify his appeal.”

Representatives for the Trump campaign did not respond to a message seeking comment.

Presidential immunity?

Key oral arguments on Trump’s immunity are scheduled for Tuesday in the U.S. Court of Appeals for the District of Columbia Circuit. Court documents filed ahead of the date show that Trump’s attorneys will assert that the former president has criminal immunity for his “official acts.”

Trump posted Monday on his media platform Truth Social that he plans to attend the hearing.

A lower court in December denied Trump’s claim that he cannot be prosecuted on four federal criminal charges accusing him of working with co-conspirators to subvert the 2020 presidential election results that declared Joe Biden the winner.

U.S. District Judge Tanya Chutkan set Trump’s election interference trial for March 4, just one day before the election year’s so-called Super Tuesday, when more than a dozen states will hold their presidential primaries.

However, that trial date is likely to be postponed as the Supreme Court considers the question of presidential immunity, adding uncertainty to Trump’s legal and campaign calendars.

U.S. Special Counsel Jack Smith, who is leading two cases against Trump, had already requested the Supreme Court bypass the appeals level and quickly settle the question, but the justices declined.

Trump’s team of lawyers argued in their brief to the appeals court that language in the U.S. Constitution prevents Trump from criminal prosecution, maintaining the country’s “234-year unbroken tradition of not prosecuting Presidents for official acts, despite vociferous calls to do so from across the political spectrum, provides powerful evidence of it.”

Attorneys, including John Lauro, Todd Blanche and John Sauer, wrote in the 41-page brief filed Jan. 2 that because executive power is “exclusively vested in the President,” the judicial branch “cannot sit in criminal judgment” over his or her official acts.

They further lean on the Constitution’s impeachment judgment clause and the “principles of double jeopardy” to say that because Trump was impeached for his actions related to the Jan. 6 attack on the Capitol, but later acquitted by the Senate, he cannot be criminally tried on federal charges accusing him of interfering in the 2020 presidential election results.

Critics say those arguments are “misguided and without foundation,” as put by former Trump administration White House Special Counsel Ty Cobb, who was among 16 constitutional lawyers, former prosecutors, and former elected officials to file an amicus brief to the appeals court opposing Trump’s argument.

“This is a specious appeal done solely for delay,” Cobb told reporters Jan. 4 during a virtual press conference.

Norm Eisen, a former Obama White House official and co-counsel to the U.S. House Judiciary Committee during Trump’s first impeachment, told reporters that Trump’s argument for presidential immunity was “abhorrent to American law.”

“If Donald Trump were to be afforded the form of immunity that he seeks as a former president, the election to the presidency would serve as a get-out-of-jail-free card,” Eisen said. “That would allow the Oval Office to become the setting for a crime spree. That is not the American idea.”

Olivia Troye, former special advisor on homeland security and counterterrorism for Vice President Mike Pence, said the matter should be settled “as soon as possible.”

“We need a decision on this,” Troye, who joined Cobb and Eisen in signing the amicus brief, said Thursday.

Mixing court cases and fundraising

Trump has skillfully used the allegations against him as a boon to his campaign, repeating, without evidence, that the prosecutions are baseless attempts by the establishment to undercut his movement, political observers said.

Trump routinely comments on his criminal cases in fundraising pitches and other campaign material.

On Jan. 2, Trump’s campaign released a vitriolic statement after his lawyers filed a brief requesting to hold special counsel Smith in contempt of court for filing a motion in trial court while Trump’s presidential immunity appeal is pending.

Campaign spokesman Steven Cheung said in an email to supporters that Smith “unilaterally decided to disobey the stay order and continue with his harassing litigation, all done in order to keep parroting the pathetic Biden Campaign’s corrupt talking points in the name of election interference.”

“As a result, President Trump is seeking to hold Deranged Jack in contempt of Court,” Cheung wrote, using a derogatory nickname for Smith also often used by Trump.

While not one of his criminal cases, Trump’s campaign is also attempting to energize his base around keeping his name on the Colorado ballot. The campaign sent a message Jan. 5 urging voters to “Help win the Supreme Court battle to save your right to vote,” and asked them to contribute in amounts ranging from $24 to $250.

Because of the polarized political environment, most Republican primary voters are unlikely to be swayed by Trump’s legal problems, said Larry Jacobs, the director of the Center for the Study of Politics and Governance in the Hubert H. Humphrey School and the Department of Political Science at the University of Minnesota.

But that could change in a general election, where even a slight shift away from Trump among the relatively few swing voters could be determinative, he said.

“It’s a mistake to say, ‘Oh, Republicans are going to turn on Trump,’” Jacobs said. “No. The partisanship guarantees they won’t turn on Trump. But if you get a small percent in a divided country, that will be the difference.”

Commanding primary lead

The string of indictments against Trump last year appeared to do little to hurt his prospects in the Republican primary, where he still leads national polls by nearly 50 percentage points over his closest rivals, Florida Gov. Ron DeSantis and former South Carolina Gov. Nikki Haley.

Early-state nominating contests this month will provide the first firm data on where the race stands. Trump’s lead is slightly smaller in Iowa —?about 30 percentage points —?than in national surveys, and Haley holds an outside chance of winning New Hampshire’s primary eight days later, where polls show her within 5 points of Trump.

Part of Trump’s appeal in the primary is the sense that his renomination is inevitable, Jacobs said. If early results challenge that assumption, the shape of the race could change, he said.

Dolan noted that despite large polling leads, Trump has not yet won a single vote in the 2024 election cycle and there’s still some degree of uncertainty around primary results.

“Polls don’t vote,” she said.

“These early states can have some surprises,” Christopher Stout, a political scientist at Oregon State University, said. “Haley could win or someone could surprise Trump in Iowa or New Hampshire and change the framing.”

Yet more legal cases

The March 4 trial on election interference charges is the earliest scheduled criminal proceeding against the former president, but others could soon follow.

A four-count indictment in that case accuses Trump of seeking to overturn his loss in the 2020 election. Trump conspired to recruit false slates of electors, knowingly lied to the public about non-existent election fraud and encouraged supporters to obstruct the election certification in a violent attack on the Capitol on Jan. 6, 2021.

That case is just one of four pending criminal trials in which he’s a defendant.

All four indictments were charged last year and all could have trials begin in 2024. Three cases are scheduled to begin trials in the coming months, though those dates could change.

Trump is accused in New York state court of falsifying business records by reporting hush money payments as legal expenses.

According to that state indictment, Trump’s attorney and personal fixer, Michael Cohen, paid adult film star Stormy Daniels $130,000 to stay silent during the 2016 campaign about an alleged affair between her and Trump. Trump then repaid Cohen through his business, but recorded the transactions as legitimate legal expenses.

That trial is scheduled to begin March 25.

Trump also faces federal charges that he mishandled classified documents as president. That trial, brought in a federal court in South Florida, is scheduled to begin May 20, though U.S. District Judge Aileen Cannon has pushed back some pretrial deadlines that could indicate the trial itself will be delayed.

Trump was also indicted in Georgia state court on election interference charges. The Georgia indictment focuses on an alleged conspiracy to overturn the state’s election results. A trial date has not been set in that case, though the district attorney has requested an August date.

A conviction in any of the cases before the election would not disqualify Trump from the presidency.

But it’s an unsettled legal question if he could pardon himself in a second term that could lead to yet more time in the courts.

“The Supreme Court would have to decide whether or not presidential pardon powers in Article II are absolute,” Stout said. “Can an individual pardon themselves? I anticipate that would lead to a host of other legal fights that would happen after his election.”

Trump also faces a slew of civil lawsuits.

Trump and his company are snarled in a civil case in the New York State Supreme Court that could end with hundreds of millions in fines for the former president. The company stands accused of inflating the value of assets as a means to secure better standing with insurers and banks.

Meanwhile, a civil defamation trial against the former president is set to begin Jan. 16 in a Manhattan federal district court. Writer E. Jean Carroll, who in 2019 publicly accused Trump of raping her in the 1990s, sued Trump for defaming her after her accusation.

Trump tried to claim presidential immunity in the civil defamation case, but was denied in December.

A jury in May already found Trump liable for sexual abuse of Carroll stemming from a 1996 incident, which Trump denies. The court awarded Carroll $5 million in damages. Trump has appealed the decision.

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Trump borrows from the language of Hitler for anti-immigration speech in New Hampshire https://www.criminaljusticepartners.com/2023/12/18/trump-borrows-from-the-language-of-hitler-for-anti-immigration-speech-in-new-hampshire/ https://www.criminaljusticepartners.com/2023/12/18/trump-borrows-from-the-language-of-hitler-for-anti-immigration-speech-in-new-hampshire/#respond Mon, 18 Dec 2023 22:35:05 +0000 https://www.criminaljusticepartners.com/?p=12801

Former President Donald Trump, campaigning over the weekend, referred to immigrants as “poisoning the blood of our country.” In this photo, Trump is showing campaigning in September in Clinton Township, Michigan. (Scott Olson/Getty Images)

As leaders in Washington negotiate a bipartisan immigration deal, former President Donald Trump used inflammatory language to demonize immigrants during a Saturday campaign speech in New Hampshire that echoed Adolf Hitler.

Trump, the front-runner for the Republican nomination for president in next year’s election, said that immigrants were “poisoning the blood of our country.” He pledged to toughen immigration laws, including by reinstating a travel ban from “terror-plagued countries” and requiring “strong ideological screening” for immigrants in the country without authorization.

“They’re poisoning the blood of our country,” he told his supporters in Durham, New Hampshire, referring to immigrants.

“That’s what they’ve done. They’ve poisoned mental institutions and prisons all over the world, not just in South America, not just the three or four countries that we think about, but all over the world. They’re coming into our country, from Africa, from Asia, all over the world. Nobody’s even looking at it.”

Hitler used similar language about Jews “poison[ing] the blood of others,” in “Mein Kampf,” his 1925 manifesto.

Trump also praised authoritarian leaders in other countries, including North Korean leader Kim Jong Un, whom he called “very nice” and Hungarian Prime Minister Viktor Orbán, whom he called “highly respected.” And he endorsed Russian President Vladimir Putin’s criticism of President Joe Biden.

New Hampshire’s primary is Jan. 23, following the Iowa caucuses on Jan. 15. Trump leads in polling in both states.

In a written statement, Biden’s reelection campaign said Trump “channeled” past and present dictators.

“Tonight Donald Trump channeled his role models as he parroted Adolf Hitler, praised Kim Jong Un, and quoted Vladimir Putin while running for president on a promise to rule as a dictator and threaten American democracy,” campaign spokesperson Ammar Moussa said in a written statement.

A spokesman for the Trump campaign did not respond to a message seeking comment Monday.

Trump’s remarks came as U.S. Senate leaders and the White House seek to work out an agreement on changes to immigration policy as part of a larger deal that includes a $100 billion supplemental request to fund aid to Ukraine, Israel, Taiwan and U.S. border security.

‘Dog-whistling’

Former New Jersey Gov. Chris Christie, who is running in the GOP primary on an anti-Trump platform, called the comments “disgusting” during an appearance on CNN’s State of the Union on Sunday.

“He’s disgusting,” Christie said. “And what he’s doing is dog-whistling to Americans who feel absolutely under stress and strain from the economy and the conflicts across the world. He’s dog-whistling to blame it on people from areas that don’t look like us.”

Christie added that leading Republicans who continued to support Trump were complicit. He noted that almost 100 members of Congress have endorsed Trump and that presidential rival Nikki Haley of South Carolina called Trump fit to be president.

“Nikki Haley should be ashamed of herself,” he said. “She’s part of the problem because she’s enabling him.”

The Haley campaign did not respond to a message seeking comment.

Authoritarian rhetoric

Trump has consistently degraded immigrants since his entrance into national politics in the 2016 presidential race and it continues to be among his most prominent themes as the campaign intensifies heading into 2024.

In the run-up to the 2016 election, Trump called for “a total and complete shutdown of Muslims entering the United States” and issued an executive order a week after entering office to block travel from certain Muslim-majority countries.

The executive order, and a successor, framed the policy as a national security issue in response to terror threats, but federal courts still blocked it for violating religious freedoms and other civil liberties. The U.S. Supreme Court ultimately upheld parts of the order, but Biden revoked it in full on his first day in office.

In recent weeks, Trump has made a string of comments that suggest he sees himself as an authoritarian leader.

In a November speech, he described his political opponents as “vermin,” another term used by Hitler and his World War II ally Benito Mussolini of Italy.

And in a Fox News town hall this month, Trump responded to a request to dispel fears he would be a dictator in a second term by saying he would be a dictator only on his first day in office to take measures to control the border and expand fossil fuel development.

He emphasized that pledge Saturday.

“My first day back at the White House, I will terminate every open-borders policy of the Biden administration, stop the invasion of our Southern border and begin the largest domestic deportation operation in American history,” he said.

Republicans often use the word “invasion” to characterize the situation at the U.S.-Mexico border. U.S. Customs and Border Protection has seen an increase in encounters with migrants at the U.S. Southern border, according to its data. In fiscal year 2022, there were nearly 2.4 million encounters with migrants, and in fiscal year 2023, which ended on Oct. 1, there were nearly 2.5 million encounters with migrants at the Southern border.

Trump’s rhetoric throughout Saturday’s speech cast the former president as the leader of a “righteous crusade.”

“This is the greatest political movement in the history of our country, it really is,” he said. “We’re engaged in a righteous crusade to liberate this nation from a corrupt political class that is waging war on American democracy like never before.

“We’ve never seen anything like this before,” he continued. “If you put me back in the White House, their reign will be over and America will be a free nation once again. We are not a free nation.”

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US House Republicans back formal impeachment inquiry against Biden https://www.criminaljusticepartners.com/2023/12/13/us-house-republicans-back-formal-impeachment-inquiry-against-biden/ https://www.criminaljusticepartners.com/2023/12/13/us-house-republicans-back-formal-impeachment-inquiry-against-biden/#respond Wed, 13 Dec 2023 23:49:25 +0000 https://www.criminaljusticepartners.com/?p=12673

President Joe Biden’s son Hunter Biden talks to reporters outside the U.S. Capitol on Dec. 13, 2023 in Washington, D.C. (Photo by Kevin Dietsch/Getty Images)

The U.S. House voted along party lines Wednesday to officially proceed with an impeachment inquiry against President Joe Biden.

The Republican-controlled chamber approved a resolution, 221-212, with Illinois Democrat Brad Schneider not voting, to allow three committees to continue their investigation into whether Biden benefited from his son Hunter’s foreign business dealings.

If such a link could be demonstrated, it would raise questions about foreign policy choices Biden made as vice president from 2009 to 2017.

Work on the investigation thus far has not demonstrated a link involving the president.

The vote was meant to show the investigation has the support of most House members.

Three committee leaders — Oversight and Accountability Chairman James Comer of Kentucky, Judiciary Chairman Jim Jordan of Ohio and Ways and Means Chairman Jason Smith of Missouri — had previously conducted their inquiry solely at the direction of former House Speaker Kevin McCarthy.

Subpoena power

House Republicans have subpoenaed Hunter Biden, asking him to sit for a deposition by Wednesday,? but the president’s son declined, offering instead to appear at a public hearing.

Wednesday’s vote to formalize the investigation, which also formally bestowed the chairmen with subpoena power, would provide the inquiry more legitimacy and make it more difficult for Hunter Biden to reject future subpoenas, Jordan and Comer said hours before the vote.

“We think the House of Representatives will go on-record with a power that solely resides in the House to say we are in an official impeachment inquiry phase of our oversight,” Jordan said.

“And when that happens, we’ll see what their excuse is then,” he added, referring to Hunter Biden and his legal team. “They should have been here today. But once we take that vote, we expect him to come in for his interview, for his deposition.”

Congressman James Comer speaks during the 143rd Fancy Farm Picnic, Aug. 5, 2023. (Kentucky Lantern photo by Austin Anthony)

The Republicans said a deposition behind closed doors during the fact-gathering phase of the investigation should occur prior to a public hearing.

“We expect to depose the president’s son, and then we will be more than happy to have a public hearing with him,” Comer said.

Hunter Biden earned millions during his father’s tenure as vice president for sitting on the board of Ukrainian energy company Burisma and in deals with Chinese oil tycoon Ye Jianming.

Hunter Biden speaks to press

Hunter Biden appeared outside the Capitol on Wednesday and made a brief statement to reporters. He did not take questions.

“There is no evidence to suggest that my father was financially involved in my business,” he said. “Because it did not happen.”

He named the GOP committee chairmen — Comer, Jordan and Smith — and said they had “lied over and over about every aspect of my personal and professional life” and distorted the president’s paternal support as a kind of criminal act.

“They have taken the light of my dad’s love for me and presented it as darkness,” he said.

Joe Biden has repeatedly demonstrated support for his son amid his recovery from addiction to alcohol and crack cocaine.

Hunter Biden on Wednesday referred to past mistakes he’d made and his struggles with addiction, but denied that his father based any policy decisions on his own business dealings.

At Wednesday’s White House press briefing, press secretary Karine Jean-Pierre said President Biden was “familiar with” what his son would say but declined to offer more details. She referred most questions about the matter to representatives for Hunter Biden, noting that he is not associated with the White House as “a private citizen.”

But she criticized House Republicans for proceeding in the inquiry without evidence and for focusing on impeachment rather than negotiations on the border, averting a government shutdown in January and other policy priorities.

“Instead they focus on baseless political stunts,” Jean-Pierre said.

‘Zero evidence of wrongdoing’

Several House Democrats also blasted the inquiry in floor speeches Wednesday, calling it “a political hit job” and “a witch hunt” meant to smear President Biden.

“A year of investigation, piles of documents and a herd of the Republicans’ own witnesses confirmed there is zero evidence of wrongdoing,” Florida Democrat Debbie Wasserman Schultz said. “Instead, the Republicans’ wasteful witch hunt just confirms that President Biden is a good and honorable man. What this resolution really does is cover up a full year of do-nothing Republican policies.”

Since taking the House majority this year, Republicans in the chamber have investigated Hunter Biden’s business dealings, including with companies in Ukraine and China, and have claimed that Joe Biden and other family members benefited.

But they haven’t shown any direct link from Hunter Biden’s businesses to the president. Witnesses that GOP leaders asked to testify at the House Oversight and Accountability Committee’s first hearing in September acknowledged there was no evidence tying Joe Biden to Hunter Biden’s business activities.
McCarthy directed the three House committees to open the investigation in September as he faced pressure from the Republican conference amid a push to keep the government funded. The move didn’t mollify the far-right members of his party, who voted with every Democratic member to oust McCarthy the following month.

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US Supreme Court asked to quickly rule on Trump claims of presidential immunity https://www.criminaljusticepartners.com/2023/12/11/us-supreme-court-asked-to-quickly-rule-on-trump-claims-of-presidential-immunity/ https://www.criminaljusticepartners.com/2023/12/11/us-supreme-court-asked-to-quickly-rule-on-trump-claims-of-presidential-immunity/#respond Mon, 11 Dec 2023 23:05:53 +0000 https://www.criminaljusticepartners.com/?p=12516

Special Counsel Jack Smith delivers remarks on a recently unsealed indictment against former President Donald Trump at the Justice Department on June 9, 2023 in Washington, D.C. Smith in a separate election interference case on Monday, Dec. 11, 2023 asked the U.S. Supreme Court to expedite a decision on Trump’s claims of presidential immunity. (Chip Somodevilla/Getty Images)

WASHINGTON — Department of Justice Special Counsel Jack Smith asked the U.S. Supreme Court on Monday to expedite a decision on former President Donald Trump’s claims of presidential immunity in the 2020 election interference case.

Smith asked the justices to rule on a matter that ordinarily would first go to a lower federal appeals court, arguing that another layer of appellate action would likely mean the Supreme Court wouldn’t hear the case until its term beginning in fall 2024, delaying the trial even further.

Such a delay would push a Supreme Court decision into the heat of a general election, when Trump is favored to again be the Republican candidate for president.

A definitive answer from the Supreme Court would keep the trial slated to begin March 4, 2024, on schedule, Smith said.

“The United States recognizes that this is an extraordinary request,” Smith wrote. “This is an extraordinary case.”

In a statement from the Trump campaign, an unnamed spokesperson repeated Trump’s position that the prosecution is politically motivated.

“Crooked Joe Biden’s henchman, Deranged Jack Smith is so obsessed with interfering in the 2024 Presidential Election with the goal of preventing President Trump from retaking the Oval Office, as the President is poised to do, that Smith is willing to try for a Hail Mary by racing to the Supreme Court and attempting to bypass the appellate process,” the spokesperson said.

Late Monday, the Supreme Court said the justices would consider the request from prosecutors and?asked?Trump to respond by Dec. 20.
In a statement from the Trump campaign, an unnamed spokesperson repeated Trump’s position that the prosecution is politically motivated.
“Crooked Joe Biden’s henchman, Deranged Jack Smith is so obsessed with interfering in the 2024 Presidential Election with the goal of preventing President Trump from retaking the Oval Office, as the President is poised to do, that Smith is willing to try for a Hail Mary by racing to the Supreme Court and attempting to bypass the appellate process,” the spokesperson said.

District court ruling

The case, one of four criminal proceedings the former president faces as he campaigns for another term in the White House, involves claims he sought to illegally overturn his reelection loss in 2020.

Earlier this month, U.S. District Court Judge Tanya Chutkan denied Trump’s motion to dismiss the case based on the argument that as a former president, he is protected from criminal prosecution and that he was already acquitted by the U.S. Senate in an impeachment trial.

Trump appealed that ruling last week to the D.C. Circuit Court of Appeals, an intermediate venue between the district court and the Supreme Court, and asked the trial court to pause proceedings while the appeal is ongoing.

Trump’s legal team in early October filed a motion to dismiss the case based on presidential immunity.

The scheduling situation is similar to what courts faced as President Richard Nixon’s 1974 trial date on charges related to the Watergate scandal approached, Smith said Monday. In that case, the Supreme Court accepted prosecutors’ argument and expedited the appeal, he wrote, adding that the high court should make a similar ruling for Trump.

“It is of paramount public importance that respondent’s claims of immunity be resolved as expeditiously as possible — and, if respondent is not immune, that he receive a fair and speedy trial on these charges,” Smith wrote. “The public, respondent, and the government are entitled to nothing less.”

Prosecutors also asked the D.C. Circuit Appeals Court on Monday to expedite Trump’s appeal in that court if the Supreme Court declines to rule on the issue.

Election interference and other criminal charges

A federal grand jury indicted Trump in August on four counts for his alleged role in knowingly attempting to subvert the 2020 presidential election results through a series of illegal actions and false statements that culminated in the Jan. 6, 2021 attack on the U.S. Capitol.

The charges filed in the U.S. District Court for the District of Columbia included conspiracy to defraud the U.S.; conspiracy to obstruct an official proceeding; obstruction of, and attempt to obstruct, an official proceeding; and conspiracy against rights.

The 45-page indictment details false statements that Trump and unnamed co-conspirators made about election results in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin, and the subsequent fake electors scheme the group devised for those states.

The indictment also detailed Trump’s pressure campaign on former Vice President Mike Pence to “enlist” him in overturning election results.

Trump is facing four criminal cases as well as civil proceedings over his business matters in New York state as he leads in several polls ahead of the 2024 Republican presidential primary season. With less than five weeks left before the Iowa first-in-the-nation GOP presidential caucuses, a Des Moines Register/NBC News/Mediacom poll released Monday found Trump is the first choice of 51% of caucus-goers surveyed.

In addition to federal election fraud charges in Washington, D.C. scheduled for trial in March, Trump is facing another potential March criminal trial in New York state for alleged hush money payments to an adult film star.

The former president also faces a federal criminal trial in Florida in May over felony charges alleging he removed classified documents from the White House at the end of his presidency and improperly stored them at Mar-a-Lago, his South Florida estate.

A trial date has not been set for a Georgia indictment alleging that Trump and several co-defendants engaged in racketeering and criminal organization to interfere with 2020 presidential election results.

Attorneys for Trump did not immediately respond to a message seeking comment Monday.

This story has been updated.

 

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Haley draws fire from rivals in GOP presidential debate, as Christie calls Trump ‘unfit’? https://www.criminaljusticepartners.com/2023/12/07/haley-draws-fire-from-rivals-in-gop-presidential-debate-as-christie-calls-trump-unfit/ https://www.criminaljusticepartners.com/2023/12/07/haley-draws-fire-from-rivals-in-gop-presidential-debate-as-christie-calls-trump-unfit/#respond Thu, 07 Dec 2023 12:41:46 +0000 https://www.criminaljusticepartners.com/?p=12451

Republican presidential candidates (L-R) former New Jersey Gov. Chris Christie, former U.N. Ambassador Nikki Haley, Florida Gov. Ron DeSantis and Vivek Ramaswamy participate in the NewsNation Republican Presidential Primary Debate at the University of Alabama Moody Music Hall on Dec. 6, 2023 in Tuscaloosa, Alabama. (Justin Sullivan/Getty Images)

Half of the four Republican presidential candidates on a debate stage in Alabama on Wednesday night focused their attacks on former South Carolina Gov. Nikki Haley, who’s vying for the prized second place in the nominating contest.

Florida Gov. Ron DeSantis and biotech entrepreneur Vivek Ramaswamy teamed up early in the debate to repeatedly hit Haley on issues including transgender health care, support for Ukraine’s and Israel’s war efforts and her backing from corporate and wealthy donors.

Haley welcomed the focus.

“??I love all the attention, fellas,” she said. “Thank you for that.”

The extended exchange that defined the debate’s first half-hour segment —?and reemerged throughout the two-hour event hosted by NewsNation — frustrated the fourth candidate on stage, Chris Christie. The former New Jersey governor has made criticism of former President Donald Trump, the far-and-away leading candidate in the field, the cornerstone of his campaign. Trump, as in the previous three debates sanctioned by the Republican National Committee, refused to take part.

Christie criticized the others on stage at the event at the University of Alabama in Tuscaloosa, all of whom are polling better than he is, for not taking on Trump. He bemoaned in his first remarks of the evening that Haley, DeSantis and Ramaswamy were too focused on each other and hadn’t even mentioned Trump.

“For us to go 17 minutes without discussing the guy who has all those gaudy (polling) numbers you talked about is ridiculous,” Christie told the moderators, who’d cited Trump’s large lead in the polls.

“The fact of the matter is he is unfit to be president,” he added.

Trump garners nearly 60% of GOP voter support, according to FiveThirtyEight’s average.

Trump instead appeared on a Fox News town hall Tuesday. Host Sean Hannity asked Trump, who was central to the Jan. 6, 2021 attack on the U.S. Capitol, to dispel concerns he wouldn’t respect democratic norms in his second term.

Trump responded that he wouldn’t be a dictator, “except for Day 1,” when he implied he would exercise extreme powers to control the border and expand fossil fuel development.

“We’re closing the border and we’re drilling, drilling, drilling,” he said. “After that, I’m not a dictator.”

Haley in crosshairs

Haley was the target of attacks by DeSantis and Ramaswamy in their first remarks of the debate, as they accused her of being in the pocket of Wall Street and criticized her foreign policy positions.

Although Trump leads the field by a wide margin, the race for second place has been tightening for months, as Haley’s poll numbers have improved largely at the expense of DeSantis. While DeSantis still leads Haley in most national polls, the two were tied at 16% in a recent Des Moines Register/NBC News/Mediacom Iowa survey.

Haley has edged ahead of DeSantis in recent New Hampshire and South Carolina polls, and got a high-profile endorsement from Americans for Prosperity, the Koch-affiliated PAC.

Ramaswamy also criticized Haley’s backing from Larry Fink, the CEO of BlackRock, the American-based multinational investment management firm, and LinkedIn co-founder Reid Hoffman, whom he called “George Soros Junior,” as well as criticizing her previous position on the board of Boeing after leaving the United Nations.

The entrepreneur said that an “establishment” candidate like Haley will change her policy positions to align with these large corporations supporting her campaign.

Haley denied the accusation, saying that these backers support her because of her positions, not because she changed them. The former U.N. ambassador pointed to her decision to leave Boeing after the business sought a “corporate bailout” following the COVID-19 pandemic, a decision she did not agree with.

“There’s nothing to what he’s saying,” Haley responded. “And in terms of these donors that are supporting me, they’re just jealous.”

DeSantis also criticized Haley’s relationship with multinational corporations, saying that she would support businesses like BlackRock that want to use “economic power to impose a left-wing agenda on this country.”

He pointed to a Florida law he signed banning environmental, social and governance, or ESG, investing strategies — when a firm considers non-financial environmental, social and government factors when making investments — for the state’s public investments.

“The next president of the United States needs to be able to go to that office on day one and end ESG,” DeSantis said. “And the fact of the matter is, we know from her history, Nikki will cave to those big donors when it counts.”

Social media and national security

The two candidates also criticized Haley for saying that she would require identity verification by name for people posting on social media.

Haley said on Fox News in November that she would require social media companies to share their algorithms with the U.S. government, and that she would require name verification to address “national security” concerns with Russian, Iranian and Chinese bots.

The former South Carolina governor defended her comments on the debate stage, saying that her position was focused on getting rid of foreign influences on social media, not on restricting American rights.

“As a mom, do I think that social media would be more civil if we went and had people’s names next to that?” Haley said. “Yes, I do think that, because I think we’ve got too much cyberbullying. I think we’ve got child pornography and all of those things. But having said that, I never said government should go and require anyone’s names.”

DeSantis and Ramaswamy repeatedly went back to criticisms of Haley throughout the debate. Ramaswamy, who has battled with the former ambassador since the first debate in August, held up a piece of paper with “NIKKI = CORRUPT” written on it.

He also compared her to Dylan Mulvaney, a transgender woman who is a social media personality, and said Haley was using “identity politics” to advance her campaign.

Haley declined to respond to his criticisms later in the debate, saying, “It’s not worth my time.”

Christie was the only candidate to not attack Haley on the debate stage, instead defending her against Ramaswamy’s onslaught.

“Nikki and I disagree on some issues,” Christie said. “But I’ll tell you this: I’ve known her for 12 years — which is longer than he’s even started to vote in the Republican primary — and while we disagree about some issues, and we disagree about who should be president of the United States, what we don’t disagree on is this is a smart, accomplished woman and you should stop insulting her.”

Though he defended Haley, the former New Jersey governor went after DeSantis for not directly answering questions posed by the debate moderators, like whether Trump was mentally fit to serve as president, as he would be older when taking office for his second term than President Joe Biden was in 2021.

“Is he fit, or isn’t he?” Christie said. “I’ll concede: You’re fit, Ron, you’re a new generation … This is my problem with my three colleagues, they’re afraid to offend.”

Christie continues anti-Trump crusade, mostly alone

Christie also kept up a relentless focus on Trump, saying that the former president’s comment about being a dictator was not a joke.

“It’s completely predictable,” he said. “He’s made it very clear if there’s no mystery to what he wants to do.”

“This is an angry, bitter man who now wants to be back as president because he wants to exact retribution on anyone who has disagreed with him, anyone who has tried to hold him to account for his own conduct, and every one of these policies that he’s talking about are about pursuing a plan of retribution,” he added.

Christie predicted that Trump would be unable to vote for himself because he’d be convicted of federal felonies before Election Day.

Trump faces federal charges in two cases and state charges in two others. All criminal charges are scheduled to go to trial next year.

DeSantis, who was an ally of Trump as a U.S. House member and received the then-president’s endorsement in his gubernatorial race, and Haley, who was ambassador to the United Nations during Trump’s term, took some shots at Trump, but declined opportunities to go harder on the former president.

Asked if Trump was unfit for office because of his age, DeSantis called for a new generation of leadership, but didn’t answer directly.

“Father Time is undefeated,” DeSantis said. “The idea that we’re going to put someone up there that’s almost 80 and there’s going to be no effects from that? We all know that that’s not true.”

Christie challenged DeSantis to answer the yes-or-no question.

“The rest of the speech is interesting, but completely non-responsive,” he said.

Haley praised Trump’s record on trade, but said his governing style was unproductive.

“We have to stop the chaos,” she said. “But you can’t defeat Democrat chaos with Republican chaos, and that’s what Donald Trump gives us. My approach is different: no drama, no vendettas, no whining.”

Disagreements on Ukraine, Israel aid

Foreign policy continued to provide an area of disagreement, especially between Haley and Ramaswamy.

Ramaswamy, who has aired isolationist views in previous debates, renewed his proposal to seek a peace agreement between Russian President Vladimir Putin and Ukraine, criticizing Haley for not knowing the names of the Ukrainian provinces she wanted to protect.

“Foreign policy experience is not the same as foreign policy wisdom,” he said.

Christie jumped in to defend Haley, blasting Ramaswamy’s pugilistic debate style.

“This is the fourth debate that you would be voted in the first 20 minutes as the most obnoxious blowhard in America,” he said.

Ramaswamy also said that as president, he would tell Israeli Prime Minister Benjamin Netanyahu that the United States is “rooting for” Israel to defeat the terror group Hamas, but would not be involved in the war.

“As your next president, my sole moral duty is to you, the people of this country,” he said.

DeSantis countered that U.S. citizens were among the victims in Hamas’ Oct. 7 surprise attack on Israel.

Haley also argued for a more robust role in global conflicts, saying the U.S. should support Ukraine, Israel and —?potentially —?Taiwan against an alliance of Russia, Iran and China.

“There’s a reason the Ukrainians want to help Israelis,” Haley said. “Because they know that if Iran wins, Russia wins.”

Transgender issues

The issue of allowing minors to transition, either socially or medically, was also a hot topic on the debate stage.

DeSantis and Ramaswamy both called for banning gender-affirming surgeries for transgender youth, even with parental permission. Minors should not be allowed to get procedures like mastectomies, hormone replacement therapy and in rare cases, genital surgeries, the two candidates said, with DeSantis calling the medical interventions “mutilation.”

Moderators asked Christie to defend his position on transgender youth procedures as well as allowing students to socially transition — use a different name or pronouns than what they were given at birth — at school without parental permission.

Christie denied claims that he did not support requiring parental notification if a child uses a different name or pronouns at school, but said he would not support restricting parents’ rights to make choices for their minor children.

“Every once in a while, parents are going to make decisions that we disagree with,” Christie said. “But the minute you start to take those rights away from parents, you don’t know, that slippery slope, what rights are going to be taken away next.”

DeSantis interrupted Christie, saying that parents “do not have the right to abuse your kids.”

“This is mutilating these minors, these are irreversible procedures,” DeSantis said. “… I signed legislation in Florida banning the mutilation of minors because it is wrong. We cannot allow this to happen in this country.”

The Florida governor said he believes Christie has an “honest position” on the topic of transgender youth transitioning, but also criticized Haley for not signing into law a so-called “bathroom bill,” banning use of gendered facilities like school restrooms and locker rooms for people of the opposite biological sex, regardless of gender identity or legal gender.

Haley said that her position has changed on the issue of bathroom use by transgender people since she was governor of South Carolina.

“When the bathroom situation came up, we had maybe a handful of kids that were dealing with an issue, and I said, ‘We don’t need to bring government into this — but boys go into boys bathrooms, girls go into girls bathrooms, and if anyone else has an issue, they use a private bathroom,’” she said. “Now 10 years later, we see that this issue has exploded.”

She also claimed DeSantis was being hypocritical, claiming the Florida governor said on the campaign trail in 2018 that bathroom bills were not “a good use of his time.”

“I signed a bathroom bill in Florida, so that’s obviously not true,” DeSantis responded. “… You killed it, I signed it. I stood up for little girls, you didn’t do it.”

DeSantis also said he had spoken with South Carolina state legislators who told him that there were transgender women going into women’s facilities in the state at the time of the legislation’s proposal. Haley said that claim was false and that “South Carolinians never allowed that to happen.”

She also pointed to her opposition to transgender women competing in women’s sports, an issue she has referenced often on the campaign trail.

“Biological boys shouldn’t be playing in girls’ sports, and I will do everything I can to stop that because it’s a women’s issue of our time,” Haley said.

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Ahead of climate conference, U.S. House panel tussles over curbs on emissions https://www.criminaljusticepartners.com/2023/11/29/ahead-of-climate-conference-u-s-house-panel-tussles-over-curbs-on-emissions/ https://www.criminaljusticepartners.com/2023/11/29/ahead-of-climate-conference-u-s-house-panel-tussles-over-curbs-on-emissions/#respond Wed, 29 Nov 2023 21:55:56 +0000 https://www.criminaljusticepartners.com/?p=12175

An electric car charging station. (Getty Images)

Republicans on a U.S. House panel argued Wednesday against aggressive moves to meet carbon reduction goals, saying U.S. fossil fuel companies are working to make their products cleaner.

Democrats on the U.S. House Energy and Commerce Subcommittee on the Environment, Manufacturing and Critical Minerals countered that to achieve further reductions, federal policies should be continued to encourage the development of renewable energy and consumer products such as electric vehicles.

Coming the day before the 28th annual United Nations climate conference was set to begin, members of the panel battled over the U.S. role in curbing emissions. The conference is often a venue for world leaders to discuss global solutions to climate change. President Joe Biden is not scheduled to attend this year’s conference.

Republicans argued that the United States was not as problematic for emissions as countries like China and should be allowed to continue developing cleaner uses of oil and gas, downplaying the need to transition away from those fuels.

U.S. fossil fuel companies have produced more energy in recent years while cutting emissions, several Republicans on the panel said.

Subcommittee Chairman Bill Johnson, an Ohio Republican, criticized Biden and congressional Democrats for demanding “a radical reordering of American society and a reduced standard of living” to meet climate goals.

“Becoming more prosperous and secure as a nation is possible while also decreasing emissions,” Johnson said. “We’ve proven it. We’ve done it. We don’t have to throw the baby out with the bathwater.”

But Democrats said that progress on environmental goals, including air pollution, was achieved because of federal policies.

Subcommittee ranking Democrat Paul Tonko of New York said U.S. Environmental Protection Agency regulations and other federal policies drove major reductions in automotive emissions, and particulate matter, ozone and sulfur dioxide in the atmosphere.

“Innovation is often not possible without a mix of carrots and sticks,” he said. “There are countless examples of EPA rules playing a driving factor in emissions reductions.”

Standards and goals

Karl Hausker, a senior fellow with the World Resources Institute, an international environmental nonprofit, said the government’s role in developing a regulatory framework for industry was helpful in pushing the private sector to meet high standards.

“When we collectively decide to attack an environmental problem and reduce it, we set standards, we set performance goals and then the incredible scientific and engineering talent of the United States comes into play,” Hausker said.

Frank Pallone, a New Jersey Democrat who is the ranking member of the full committee, said Republicans promoted a “polluters-over-people agenda,” and sought to undermine climate programs in recent infrastructure and climate laws and by opposing regulations.

Democrats also rejected the idea that fossil-fuel primacy was responsible for a growing economy. Federal spending and tax breaks to encourage renewable energy production, as envisioned in Democrats’ climate and policy law last year, would have several positive impacts on the economy, Pallone said.

“These policies are already creating new jobs, cutting costs for working families and advancing homegrown clean energy — all while tackling the climate crisis,” he said.

Ceding to China

Members of each party disagreed about how best to counter Chinese influence on energy production.

Republicans argued that transitioning to renewable energy sources such as wind and solar would benefit China, which produces many of the parts needed for renewable energy products.

“This forced transition will leave our economy dangerously dependent upon supply chains from China and make energy less affordable, less reliable for Americans,” committee Chair Cathy McMorris Rodgers, a Washington Republican, said.

China has poor environmental and labor standards and “does not share our concerns about climate change risks, nor our value of environmental stewardship,” Rodgers said.

“Moving to 100%, wind, solar and battery-powered energy, as some have proposed will cede our energy future to China, and could have perverse effects on increasing emissions,” she added. “We should instead be working to build on our remarkable legacy.”

China emits more greenhouse gases than the rest of the developed world, and its emissions increased this year, Mariannette Miller-Meeks, an Iowa Republican, said. She criticized Biden administration policies that she said would promote Chinese industry.

“It’s problematic that the Biden administration is continually turning to the Chinese Communist Party to produce energy components,” she said.

Democrats countered that the world would be well served by a U.S. leadership role on climate.

“We need to demonstrate our nation’s commitment to standing with our allies in the fight against climate change,” Pallone said. “We’re out of time for denialism and obstruction. The science on climate change is indisputable.”

The agreement the U.S. and China reached this year on reduction targets for greenhouse gases was the first time China committed to reducing its emissions, Pallone added.

Rep. Debbie Dingell, a Michigan Democrat, said the U.S. was in danger of falling behind developing economies, such as China’s, if it cedes leadership in industries like electric vehicle and clean energy manufacturing.

“If we sit back and do nothing, what is the danger of letting countries like China lead?” asked Dingell, adding she would “never let them.”

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Veterans’ health care coverage expanded by Biden administration https://www.criminaljusticepartners.com/2023/11/10/veterans-health-care-coverage-expanded-by-biden-administration/ https://www.criminaljusticepartners.com/2023/11/10/veterans-health-care-coverage-expanded-by-biden-administration/#respond Fri, 10 Nov 2023 10:08:03 +0000 https://www.criminaljusticepartners.com/?p=11651

Soldiers from Ft. Lee, Virginia help mark Veterans Day ceremonies at the World War II Memorial Nov. 11, 2011 in Washington, D.C. Veterans Day in the United States honors those who have served in the nation’s military and also coincides with the anniversary of the conclusion of hostilities on the western front in World War I. (Win McNamee/Getty Images)

Ahead of Veterans Day, Biden administration officials said Friday the Department of Veterans Affairs will expand health care coverage for certain groups of veterans and their families and create new programs meant to make care more accessible.

The VA will make coverage of certain toxic burn pit-related conditions available sooner than anticipated. Family members of veterans who served at North Carolina’s Marine Corps Base Camp Lejeune from 1953-1987 will be eligible to have the costs of treating Parkinson’s disease. And all World War II veterans will be eligible for no-cost health care, including at nursing homes, the department said in a series of news releases.

The administration will also create a new graduate medical education program to help expand health care availability for veterans in rural, tribal and other underserved communities, the department said. And the VA will spend $5 million on an advertising campaign aimed at having more veterans sign up for services.

“As we head into Veterans Day, we’re reminded of the fundamental promise that our country makes to anyone who signs up to serve in the military: If you fight for us, we’ll fight for you,” Veterans Affairs Deputy Secretary Tanya Bradsher told reporters on a Thursday call in advance of the announcements.

The administration announced five changes meant to expand veterans’ benefits.

The VA will speed up coverage for burn pit exposure that was part of a bipartisan law passed last year.

The law, which provides health care benefits to veterans exposed to toxic chemicals from burn pits in Iraq and Afghanistan and certain other veterans, was written to be phased in over no more than 10 years.

But President Joe Biden is directing the VA to make all affected veterans eligible for expanded benefits by early next year, according to a White House fact sheet.

The Camp Lejeune Family Member Program will be expanded to cover Parkinson’s disease. The program, which covers a host of conditions related to the contaminated drinking water at the base, did not previously include Parkinson’s.

Veterans of World War II who served anytime from Dec. 7, 1941, to the end of 1946, are entitled to no-cost VA health care, meaning no co-pays or monthly premiums, the department said. That includes care at nursing homes.

To expand availability, the department is also creating a pilot program to reimburse residents and residency programs, including those outside of VA facilities, that serve veteran patients. The program would fund 100 physicians in rural, tribal and underserved communities, according to a VA news release.

And to encourage veterans to take advantage of their benefits, the department is planning a national advertising campaign focused on “some of the most tangible, cost-saving benefits” veterans are entitled to, according to the VA.

The multimedia campaign will tout the low-cost or no-cost health care, education, home loan and memorial service programs, the VA said.

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Democrats’ struggle to keep U.S. Senate majority complicated by Manchin decision https://www.criminaljusticepartners.com/2023/11/09/democrats-struggle-to-keep-u-s-senate-majority-complicated-by-manchin-decision/ https://www.criminaljusticepartners.com/2023/11/09/democrats-struggle-to-keep-u-s-senate-majority-complicated-by-manchin-decision/#respond Fri, 10 Nov 2023 00:21:40 +0000 https://www.criminaljusticepartners.com/?p=11656

Sen. Joe Manchin III, D-W.Va., left, talks with Sen. Jon Tester, D-Mont., as they arrive for a Senate Appropriations Committee hearing on Capitol Hill Oct. 31, 2023 in Washington, D.C. Manchin announced on Thursday, Nov. 9, 2023, he will not run for reelection in 2024. Tester is running and is one of the Senate’s more vulnerable incumbents. (Drew Angerer/Getty Images)

WASHINGTON — U.S. Democratic Sen. Joe Manchin III announced Thursday he does not plan to run for reelection come 2024, giving Republicans an opportunity to pick up a seat and increasing their chances of flipping Senate control.

A centrist who has long frustrated his party’s leadership and outside advocacy groups with his views on fossil fuel production, gun control and abortion rights, among others, Manchin nonetheless helped Democrats win their 51-49 Senate majority and steer the chamber’s agenda. His retirement will make the task of keeping that majority immeasurably more difficult.

Senate Republicans only need to win two seats to gain a full majority, if they can retain all 11 of their current seats in the 2024 election. Democrats and Republicans could also end up with a 50-50 split again.

Jim Justice

National Republican Senatorial Committee Chair Steve Daines, a Montana senator, indicated in a written statement that Manchin’s retirement could benefit the GOP.

“We like our odds in West Virginia,” Daines said.

West Virginia Republican Gov. Jim Justice and U.S. Rep. Alex Mooney are competing in the GOP primary.

Democrats to have any chance of a win may need to recruit a strong candidate to run for the seat that Manchin is vacating, though their bench isn’t especially deep in the Republican state. West Virginia candidates have to file their announcement by Jan. 27, 2024.

Alex Mooney

Michigan Sen. Gary Peters, who chairs the Senate Democratic campaign arm, said in a recent interview with CBS News that he was urging Manchin to run again, because “if Joe Manchin runs, he will win.”

In a written statement, President Joe Biden praised Manchin as a tireless advocate for West Virginia and instrumental lawmaker who supported major gun control, infrastructure and energy laws and voted to confirm Supreme Court Justice Ketanji Brown Jackson.

“For more than forty years – as a state legislator, a Secretary of State, a Governor, and a Senator – Joe Manchin has dedicated himself to serving the people of his beloved West Virginia,” Biden said. “During my time as Vice President and now as President, Joe and I have worked together to get things done for hardworking families.”

GOP favored in election map

The Senate reelection map is much more favorable for Republicans, who are defending safe seats, than for Democrats, who are trying to hold on to 23 seats, several of which are in purple states.

The Cook Political Report with Amy Walter had placed Arizona, Ohio and West Virginia Senate seats in its “toss up” category. But it moved West Virginia to “Solid Republican” following Manchin’s announcement.

Another five Senate seats are rated as “lean Democratic,” indicating those Democratic candidates are a bit safer, but will still have an uphill battle.

David Bergstein, the Democratic Senatorial Campaign Committee communications director, said in a statement to States Newsroom that the DSCC is making investments in two other Senate races in red states, Florida and Texas.

“In addition to defending our battle-tested incumbents, we’ve already expanded the battleground map to Texas and Florida, where formidable Democratic candidates are out-raising unpopular Republican incumbents and the DSCC is making investments to lay the groundwork for our campaigns’ victories,” Bergstein said.

Sens. Rick Scott of Florida and Ted Cruz of Texas are up for reelection. In 2018, Cruz won with 50.9% of the vote over his Democratic challenger and Scott won his first Senate election over longtime Democratic incumbent Bill Nelson with 50.1% of the vote.

Manchin barely won his reelection bid in 2018, when he garnered 49.6% of the vote, beating out his Republican opponent by slightly more than 19,000 votes. That was a significant drop from 2012, when Manchin won election with 60% of the vote.

West Virginia’s Republican Sen. Shelley Moore Capito, on the other hand, won reelection in 2020 with 70% of the vote and former President Donald Trump won the state in 2016 and 2020 with wide margins.

Senators and states

In the two states still regarded by Cook as toss-ups, Arizona and Ohio:

  • Arizona Sen. Kyrsten Sinema, who last year switched from being a Democrat to registering as an independent, faces long odds of winning reelection, though that race will include a registered Democrat. Sinema has not yet said if she will run again.
  • Ohio Democratic Sen. Sherrod Brown, who is seeking reelection, won in 2018 with 53.4% of the vote over his Republican opponent, though the state has turned redder in the six years since that election. Ohio Republican Sen. J.D. Vance won election during 2022 with 53% of the vote and Trump won the state in 2016 and 2020.

Democratic candidates running in Michigan, Montana, Nevada, Pennsylvania and Wisconsin — all of which are rated as “lean Democratic” by The Cook Political Report — are rated as likely to do slightly better than their colleagues in the “toss up” category, though not by much.

The Michigan seat will be open next year following Sen. Debbie Stabenow’s decision to retire, but the other four are held by Democrats seeking reelection:

  • Montana Democratic Sen. Jon Tester narrowly won reelection in 2018 with 50.3% of the vote, though Trump won the state in 2016 and 2020. And Daines won his reelection to the U.S. Senate in 2020 with 55% of the vote.
  • Nevada Democratic Sen. Jacky Rosen won election in 2018 with 50.4% of the vote. The Democratic presidential candidate won that state in 2016 and 2020.
  • Pennsylvania Democratic Sen. Bob Casey Jr. won reelection in 2018 with 55.7% of the vote. The commonwealth voted for Trump in 2016, but for Biden in 2020.
  • Wisconsin Democratic Sen. Tammy Baldwin won reelection with 55.4% of the vote in 2018. Her Republican colleague, Republican Sen. Ron Johnson, won his last reelection in 2022 with 50.4% of the vote. The Badger state voted for Trump in 2016 and Biden in 2020.

Republicans are running for re-election in 11 Senate seats they currently hold, though all of those races are rated as either “likely Republican” or “solid Republican” by The Cook Political Report.

Energy Committee shuffle

A major part of Manchin’s legacy will be his role in developing energy policy. As the chair of the Senate Energy and Natural Resources Committee, he wielded an even more outsized role on those issues than as an influential swing vote on most legislation.

But holding major financial interests in the coal industry of his conservative home state, his views on energy and environmental issues were often out of step with his Democratic colleagues.

The next Democratic leader of that committee would almost certainly be more in line with most Democratic voters’ views. New Mexico’s Martin Heinrich, who, in a rare move in the congenial Senate, publicly questioned Manchin’s fitness for the position in July 2022, would likely be a frontrunner for the chair.

The top three Democrats on the panel by seniority all chair other top committees and may be uninterested in the post.

Oregon’s Ron Wyden chairs the tax-writing Finance Committee, a more powerful and desired role in Washington than Energy Committee chair.

Washington’s Maria Cantwell previously chaired the Energy Committee, but in 2021 dropped her spot as the top Democrat on that panel to take the top position on the Commerce, Science and Transportation Committee.

Vermont’s Bernie Sanders leads the Health, Education, Labor and Pensions Committee, which Sanders may view as more in line with his policy priorities.

Heinrich, fourth in seniority on the Democratic side, chairs the Joint Economic Committee, a shared committee with the House considered more minor than the Senate’s standing committees.

Heinrich has built a reputation on energy and climate issues, and was a finalist as Biden’s choice to lead the Interior Department.

Heinrich worked at a nuclear reactor in college at the University of Missouri-Columbia, and started his career in a research lab on directed energy after graduating with a mechanical engineering degree.

Like virtually all other members of the Senate Democratic caucus, Heinrich is considered more progressive on energy and climate issues than Manchin.

In the summer of 2022, when it appeared Manchin’s opposition would doom Biden’s proposal for a massive renewable energy spending package, Heinrich blasted the chairman in a post to the site then known as Twitter.

Less than two weeks later, Manchin authored, with Majority Leader Chuck Schumer, a major energy, taxes and health policy bill that included historic tax breaks for renewable energy. The measure, which was called the Inflation Reduction Act and also included some provisions to protect fossil fuel development, passed along party lines.

In a written statement to States Newsroom on Thursday, Heinrich praised Manchin’s work on that law, which he called the West Virginian’s “signature accomplishment,” as well as major conservation measures and the bipartisan infrastructure law in 2021.

“His?leadership was instrumental in finalizing each of these laws,” Heinrich said. “The Inflation Reduction Act in particular—Chairman Manchin’s signature accomplishment—is by far the biggest American?manufacturing accomplishment in decades.”

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GOP presidential candidates brawl in Florida debate, while Trump rallies nearby https://www.criminaljusticepartners.com/2023/11/09/gop-presidential-candidates-brawl-in-florida-debate-while-trump-rallies-nearby/ https://www.criminaljusticepartners.com/2023/11/09/gop-presidential-candidates-brawl-in-florida-debate-while-trump-rallies-nearby/#respond Thu, 09 Nov 2023 05:04:45 +0000 https://www.criminaljusticepartners.com/?p=11612

Republican presidential candidates (L-R), former New Jersey Gov. Chris Christie, former U.N. Ambassador Nikki Haley, Florida Gov. Ron DeSantis, Vivek Ramaswamy and U.S. Sen. Tim Scott (R-SC) are introduced during the NBC News Republican Presidential Primary Debate at the Adrienne Arsht Center for the Performing Arts of Miami-Dade County on November 8, 2023 in Miami, Florida. Five presidential hopefuls squared off in the third Republican primary debate as former U.S. President Donald Trump, currently facing indictments in four locations, declined again to participate. (Photo by Anna Moneymaker/Getty Images)

Five Republican candidates for president tussled over support for Ukraine and abortion policy at a debate in Miami Wednesday evening, while the leading contender for the nomination, former President Donald Trump, sought Latino votes in an event across town.

Trump, who consistently garners more than 50% in polls of Republican voters, once again declined to participate in what was the third debate of the primary race, holding his own rally in nearby Hialeah instead.

That left five candidates, the fewest of any GOP debate so far this cycle, vying to be the lead alternative to the former president in the two-hour debate aired by NBC News. The moderators were the network’s Lester Holt and Kristen Welker, joined by Salem Radio Network’s conservative host Hugh Hewitt.

The candidates — Florida Gov. Ron DeSantis, former United Nations Ambassador Nikki Haley, biotech entrepreneur Vivek Ramaswamy, former New Jersey Gov. Chris Christie and U.S. Sen. Tim Scott of South Carolina — largely agreed that the United States should support Israel’s war against Hamas, calling for aggressive action from the key U.S. ally in the Middle East.

But they showed sharp divisions on other issues, highlighted by a growing rift between DeSantis and Haley, whose position in the race has improved in recent weeks largely at the expense of the home-state governor, and a continuing quarrel between Haley and Ramaswamy that descended into personal attacks.

At one point, as each accused the other of being too friendly to China, Ramaswamy pointed out Haley’s daughter has an account on Chinese-owned TikTok. “You might want to take care of your family first,” he said.

“Leave my daughter out of your voice,” Haley responded, adding, “You’re just scum.”

Republican presidential candidates (L-R) former U.N. Ambassador Nikki Haley, Florida Gov. Ron DeSantis and Vivek Ramaswamy participate in the NBC News Republican Presidential Primary Debate at the Adrienne Arsht Center for the Performing Arts of Miami-Dade County on Nov. 8, 2023 in Miami, Florida. Five presidential hopefuls squared off in the third Republican primary debate as former U.S. President Donald Trump, currently facing indictments in four locations, declined again to participate. (Photo by Joe Raedle/Getty Images)

On abortion, all of the candidates declared themselves against abortion rights. But the day after Republicans saw setbacks in state elections where abortion rights were central issues, Haley, Christie and DeSantis said the question would largely be left to states. Scott said he’d support a national ban.

In Hialeah, Trump focused his attention on Biden and Democrats — comparing the current administration to regimes in communist-led countries.

“If you don’t want to let the communists destroy America like they destroyed Cuba, Venezuela, Nicaragua, and so many other countries, you need to send the message by voting crooked Joe Biden … and every last Democrat, get them the hell out of office,” Trump told the crowd.

Trump’s shadow looms

In the first round of the questions, candidates were asked why GOP voters should support them over the race’s frontrunner.

DeSantis launched into a short stump speech that touched on inflation and border security.

He then criticized Trump for not appearing at the debates and said Republicans were losing elections with Trump as the most recognizable leader in the party.

“Donald Trump’s a lot different guy than he was in 2016,” he said. “He owes it to you to be on this stage and explain why he should get another chance. He should explain why he didn’t have Mexico pay for the border wall. He should explain why he racked up so much debt. He should explain why he didn’t drain the swamp.”

Haley said Trump performed well as president, but that new leaders should address new challenges.

“He was the right president at the right time,” she said. “I don’t think he’s the right president now.”

Haley also criticized Trump for allowing the national debt to grow and said he “used to be right about Ukraine and foreign issues. now he’s gotten weak in the knees.”

Christie continued strong criticism of the former president, a consistent message in a campaign that has struggled to gain traction with a GOP electorate still largely loyal to Trump, who is facing criminal indictments in four cases.

“Anybody who’s going to be spending the next year and a half of their life focusing on keeping themselves out of jail and courtrooms cannot lead this party or this country,” Christie said.

At the Trump rally 15 miles away, the crowd cheered when the former president asked if it was the right decision to not participate in the debates.

“Somebody said, one of those dumber ones, ‘He doesn’t have the courage to stand up’ – Well, listen, I’m standing in front of tens of thousands of people right now, and it’s on television,” Trump said. “That’s a hell of a lot harder to do than a debate.”

The former president said he didn’t know who the “best” other Republican presidential candidate was, but said he liked “one of them” — referring to Ramaswamy.

“One of them said … on the stage – that, ‘President Trump is the greatest president in many generations,’” Trump said, referring to a past debate. “I sort of like him. … I mean, how can I dislike him? He’s so nice.”

He said he thought it was “okay” that Ramaswamy said he is running for president because he’s a younger version of Trump, but that “we want the older version, right?”

He briefly called out DeSantis by name, claiming the Florida governor only won his reelection campaign because of Trump’s endorsement.

Israel center stage

Debating for the first time since the Israel-Hamas war began Oct. 7, the candidates spent more time on foreign policy Wednesday.

All five used harsh language to describe what they would tell Israeli Prime Minister Benjamin Netanyahu.

“I will be telling Bibi: Finish the job once and for all with these butchers,” DeSantis said. “They’re terrorists. They’re massacring innocent people.”

The other candidates also called for Israel to destroy Hamas and criticized calls for a ceasefire, with Haley also dismissing even a temporary cessation of fighting to allow for humanitarian aid.

But differences emerged on Ukraine’s war with Russia.

Scott said he has supported Ukraine’s war effort, but said an aid package for both Israel and Ukraine, as President Joe Biden has proposed, was the wrong approach.

“We need to focus specifically on providing Israel with the $14 billion that they need so that we show the world that we are 100% undeniably standing shoulder-to-shoulder with Israel,” he said.

Aid to Ukraine, he said, should be conditioned on a higher degree of accountability “to understand where the resources have gone.”

As he has been since the start of the race, Ramaswamy was the most explicitly pro-Russia, criticizing Ukrainian President Volodymyr Zelenskyy and saying the regions of Ukraine that Russian President Vladimir Putin invaded last year are culturally Russian.

“To frame this as some kind of battle between good versus evil: Don’t buy it,” he said.

He called Haley “the sharpest of the war hawks on Ukraine” who should be held accountable for her position.

Haley responded that Ramaswamy, a 38-year-old with no government experience, was naive about world affairs.

“I’m telling you, Putin and (Chinese) President Xi (Jinping) are salivating at the thought that someone like that could become president,” she said.

Ramaswamy also said that U.S. troops should be sent to the border with Mexico.

“We will use our own military to seal our own Southern border,” he said. “What we need to do is stop using our military to protect somebody else’s border halfway around the world, when we’re short right here at home.”

Abortion rights

The debate came a day after an Election Day that highlighted Republicans’ weakness on abortion rights, an issue that has remained salient in the nearly 18 months since the conservative majority on the U.S. Supreme Court overturned Roe v. Wade.

Democratic Gov. Andy Beshear won reelection in heavily Republican Kentucky. Democrats in Virginia ran on a pro-abortion-rights message to win both chambers of the General Assembly and Ohio voters approved a measure to protect abortion rights in the state constitution.

All candidates said they were opposed to abortion, but, with Scott as a notable exception, most de-emphasized the role of the federal government and the president.

Scott called himself “100% pro-life,” and said as president he would enact a 15-week national ban.

Haley said she would sign any bill to limit abortion rights, but that it was not realistic to make such promises because a federal bill would have to get 60 votes in a U.S. Senate currently controlled by Democrats.

Instead, she said, abortion opponents should work with abortion rights supporters to find consensus on issues to expand access to contraception and adoption.

DeSantis said Republicans had to better contest ballot measures at the state level.

Christie said conservatives have long called for the issue to be decided on a state level, which he said was consistent with the foundations of U.S. democracy.

“The founders were really smart,” he said. “And this is an issue that should be decided in each state. I trust the people of this country, state-by-state, to make the call for themselves.”

Ramaswamy said it would take a “different generation of leadership to actually lead us forward and unite the country on this.”

Haley clashes with DeSantis, Ramaswamy

Haley, running third in most polls behind Trump and DeSantis, trained much of her rhetoric on the only candidate on stage ahead of her.

She said she would end formal trade relations with China until fentanyl was better controlled and noted DeSantis had not taken that position.

DeSantis criticized Haley for, as South Carolina governor, trying to lure Chinese companies to the state.

“She welcomed them into South Carolina, gave them land near a military base, wrote the Chinese ambassador a love letter saying what a great friend they were,” he said. “That was like their number one way to do economic development.”

Haley said relations with China have worsened in the 10 years since she sought economic development from the country.

She added that as governor, DeSantis has much more recently tried to bring Chinese companies to his state.

She also attacked DeSantis’ record opposing fracking in Florida. DeSantis’ presidential campaign supports fracking, a controversial part of extracting natural gas, but he has opposed it in Florida. DeSantis said Wednesday he only opposed fracking in the Everglades, but analysis has shown he campaigned on a broader objection.

Ramaswamy, whose isolationist foreign policy has been a central part of his campaign, referred to neoconservatives in the Republican Party who resembled “Dick Cheney in three-inch heels,” apparently referring to both Haley and DeSantis.

DeSantis didn’t respond to the dig, but Haley later said that her heels were “for ammunition.”

Trump holds separate rally

Former U.S. President Donald Trump stands on stage during a rally at The Ted Hendricks Stadium at Henry Milander Park on November 8, 2023 in Hialeah, Florida. Even as Trump faces multiple criminal indictments, he still maintains a commanding lead in the polls over other Republican candidates. (Photo by Alon Skuy/Getty Images)

Trump took the stage in Hialeah, 15 miles away from the debate, his campaign declaring Florida is “Trump County.”

Trump called for supporters to help him win the Florida primary “for the third straight time.” Though the event coincided with the GOP presidential debate, Trump spent most of his time criticizing Biden.

He repeated false claims that Biden and Democrats “cheated” in the 2020 general election, and said that he is often asked by supporters if he expects Biden to try to “cheat again.”

“The radical left Democrats rigged the presidential election of 2020 and we’re not going to allow them to rig the presidential election of 2024,” Trump said.

He said that Biden could not win a fair election, saying voters will not support a candidate whose presidency led to high inflation, international conflicts and “open borders.”

While Trump said he believed he could win in a rematch against Biden, he also claimed that the upcoming presidential election is the last chance to prevent his political opponents from permanently seizing power.

“This election will decide whether power in America belongs to them forever, or whether it belongs to you, the men and women who make this country great, who make this country run,” Trump told the crowd. “2024 is our final battle. Stand with me in the fight.”

Biden’s campaign spokesperson Ammar Moussa released a statement Wednesday saying that Trump continues to lie about the 2020 election “rather than admit he lost — like an adult.”

“It would be sad, if it weren’t so dangerous,” Moussa said. “… The dangerous and erratic ramblings of a loser who can’t admit defeat only underscore that Donald Trump is not fit to be president of the United States.”

Trump highlights Sanders endorsement?

While he briefly criticized DeSantis, Trump also highlighted another Republican governor supporting his campaign: Arkansas Gov. Sarah Huckabee Sanders.

Sanders, who served Trump as press secretary, endorsed her former boss Monday, and told the Florida crowd to help him return to the White House “because our country has never needed Donald Trump more than we do right now.”

Sanders said she faced countless attacks and “mean tweets” during her time as press secretary and governor — and that Trump has also faced constant criticism and scrutiny.

“I know that a lot of people may complain that President Trump was too loud, too disruptive, and sometimes even a little too direct,” Sanders said. “But to me, that’s the very best thing about this president. He tells it like it is.”

Sanders was not the only endorser Trump highlighted at the Florida event — he thanked comedian Roseanne Barr and rapper Lil Pump for their support while on stage. He also thanked Florida Republicans who endorsed him. The crowd booed when he thanked U.S. Rep. Carlos Gimenez, a Republican who voted against U.S. GOP Rep. Jim Jordan for House speaker.

“Oh, you don’t like him?” Trump asked. “What’s going on? Carlos! Come on now. Well, you got to get that straightened out.”

The mayor of Hialeah, Esteban Bovo, joined Trump on stage. He thanked Trump for holding an event in the city, and said that he plans to ask the Hialeah city council to authorize naming a street after Trump — holding up a road sign of “President Donald J. Trump Avenue” on stage.

“That’s an honor, great honor,” Trump said. “I did not know that. Thank you very much.”

Thousands attended the event in South Florida, which political analysts say was a strategic location to appeal to Florida Latino voters, including many Cuban Americans. In the most recent census, 95% of Hialeah residents identified as Hispanic or Latino.

Trump told the crowd Biden and Democrats were turning the U.S. into “communist Cuba.”

“We have some great Cubans here,” Trump said. “And nobody ever did more for Americans who love Cuba than a gentleman named Donald J. Trump when he was president.”

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U.S. House votes to censure Michigan’s Rashida Tlaib over Israel remarks https://www.criminaljusticepartners.com/2023/11/08/u-s-house-votes-to-censure-michigans-rashida-tlaib-over-israel-remarks/ https://www.criminaljusticepartners.com/2023/11/08/u-s-house-votes-to-censure-michigans-rashida-tlaib-over-israel-remarks/#respond Wed, 08 Nov 2023 15:24:40 +0000 https://www.criminaljusticepartners.com/?p=11579

U.S. Rep. Ilhan Omar, D-Minn., right, comforts Rep. Rashida Tlaib, D-Mich., center, when Tlaib became emotional during remarks on a resolution to censure her for comments and tweets she has made about Israel. (Screenshot from U.S. House webcast)

The U.S. House voted late Tuesday to censure Rep. Rashida Tlaib for remarks the Michigan Democrat has made about Israel and Palestine amid the ongoing war in the Middle East.

The chamber voted, 234-188, to adopt?a resolution?written by Georgia Republican Rich McCormick that censures Tlaib, the only Palestinian-American member of Congress, for a handful of statements in the month since the militant group Hamas launched a surprise attack into southern Israel. Twenty-two Democrats voted for the resolution.

Surrounded by a small circle of progressive lawmakers, Tlaib stood in the well of the House as Speaker Mike Johnson, a Louisiana Republican, read the results.

The censure vote came after a procedural vote to quash the resolution failed?208-213?earlier Tuesday.

The resolution was a formal statement that a majority of the chamber disapproves of Tlaib’s statements. It does not include any additional punishment such as removal from committees.

Six Republicans —?Ken Buck of Colorado, Thomas Massie of Kentucky, Ryan Zinke of Montana and John Duarte, Mike Garcia and Tom McClintock of California — voted with most Democrats to table the resolution.

One Democrat, Brad Schneider of Illinois, voted against tabling it and Susan Wild, a Democrat from Pennsylvania, voted present. Eleven members did not vote.

Tlaib’s statements amounted to “calling for the destruction of the state of Israel and dangerously promoting false narratives regarding a brutal, large-scale terrorist attack against civilian targets inside the sovereign territory of a major non-NATO ally while hundreds of Israeli and American hostages remain in terrorist captivity,” the McCormick resolution said.

The resolution cited Tlaib’s criticism of Israel the day after Hamas’ initial attack, her dissemination of a later-debunked report that Israeli rockets destroyed a hospital in the Gaza Strip and a video last week that included the phrase “from the river to the sea,” which is widely seen as advocating for the dissolution of the state of Israel.

Tlaib has called for a ceasefire between Israel and Hamas. Hamas’ attack has killed more than 1,400, mostly civilians. Israel’s counteroffensive has killed more than 10,000, according to the Hamas-controlled Gaza Health Ministry. Most of the dead Palestinians were children, Tlaib said Tuesday.

In an emotional floor speech Tuesday, Tlaib said she was not antisemitic, but has long criticized the Israeli government. Her House colleagues were targeting her for her support of Palestinian causes and advocacy for a ceasefire, she said.

“I can’t believe I have to say this, but Palestinian people are not disposable,” she said, her voice cracking. “We are human beings, just like anyone else.”

As Tlaib paused to regain her composure, Rep. Ilhan Omar, a Minnesota Democrat who with Tlaib comprised the first two Muslim women elected to Congress, rose in a sign of support and put a hand on Tlaib’s back. Rep. André Carson of Indiana, who is also Muslim, placed a hand on Tlaib’s shoulder.

“Speaking up to save lives, Mr. Chair — no matter faith, no matter ethnicity — should not be controversial in this chamber,” Tlaib continued. “The cries of the Palestinian and Israeli children sound no different to me. What I don’t understand is why the cries of Palestinians sound different to you all. We cannot lose our shared humanity.”

Resolution criticizes Tlaib

The day after Hamas’ surprise attack, Tlaib released a statement mourning “Palestinian and Israeli lives lost” but called Israeli policy “apartheid” that would lead to “resistance.”

The resolution said the language in that statement “justified” the attack.

The resolution also criticized Tlaib for echoing reports that Israeli rockets killed hundreds at a hospital in Gaza. U.S. intelligence later debunked that report, which was initially based on information from Palestinian officials.

The most recent event cited in the resolution was Tlaib’s tweet on Friday showing a video with pro-Palestinian protestors chanting “from the river to the sea.” The slogan, which refers to the Jordan River and Mediterranean Sea, is seen as a call to disband the state of Israel and grant the land to the Palestinian people.

In a follow-up tweet Friday, Tlaib called the slogan “an aspirational call for freedom, human rights and peaceful coexistence.”

Rep. Jamie Raskin, a Maryland Democrat who is Jewish, led the floor debate against the resolution.

Raskin and Tlaib disagree about aspects of Israel-Palestine relations, but Raskin, a former constitutional law professor, said Tlaib was entitled by the First Amendment to speak her mind.

“The phrase ‘from the river to the sea’ is abhorrent to me, even with her public explanation of what she means by it, which is very different from what Hamas says,” Raskin said. “But I would never think of punishing her or disciplining her because we disagree about that.”

McCormick responded that the resolution had nothing to do with Tlaib’s right to free speech, but was about the House taking a position.

“This is not about a First Amendment issue,” he said. “Rep. Tlaib has the right to spew antisemitic vitriol, even calling for the destruction of the Jewish state. But the House of Representatives also has the right to make it clear that her hate speech does not reflect the opinion of the chamber. And that’s what this resolution is about.”

Another resolution

The vote was the second time in as many weeks the House considered a resolution censuring Tlaib. The chamber voted Nov. 1 to quash a similar resolution sponsored by Georgia Republican Marjorie Taylor Greene.

The chamber had been scheduled to vote again late Tuesday on another motion to table Greene’s resolution but that vote was scrapped.

The vote last week occurred before Tlaib’s tweets that included “from the river to the sea.”

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U.S. House GOP in spending bills takes aim at federal LGBTQ, racial equity policies? https://www.criminaljusticepartners.com/2023/11/06/u-s-house-gop-in-spending-bills-takes-aim-at-federal-lgbtq-racial-equity-policies/ https://www.criminaljusticepartners.com/2023/11/06/u-s-house-gop-in-spending-bills-takes-aim-at-federal-lgbtq-racial-equity-policies/#respond Mon, 06 Nov 2023 16:13:27 +0000 https://www.criminaljusticepartners.com/?p=11393

The U.S. House Transportation-HUD and Interior spending bills would block funding for LGBTQ pride flags at certain federal departments and agencies. Shown are the rainbow pride flag and an American flag. (Getty Images)

U.S. House Republicans are continuing to use government spending bills to engage in culture war battles, with legislation debated during the past week that would ban pride flags on some federal buildings, strip funding from a new museum for Latino history and target certain LGBTQ and racial equity policies and programs.

The hot-button provisions in the bills to fund the Interior, Transportation and Housing and Urban Development departments are unlikely to become law after negotiations with the Democratic Senate. But they signal that the House Republican majority will maintain a strong focus on contentious social issues, as have their counterparts in GOP-majority statehouses.

Spending bills, particularly in the House, often include policy provisions favored by the majority party. But the level of detail in measures that historically have seen fewer such fights reflects a more aggressive position by House Republicans, observers said.

Democrats object to the overall spending levels in the Republican-written House spending bills, which are lower than detailed in the debt limit agreement House Republicans reached with President Joe Biden. But Democrats are also highly critical of the inclusion of cultural issues that have little to do with spending.

The bill to fund the Transportation Department and HUD and the bill to fund Interior and the Environmental Protection Agency “shove MAGA culture wars down the throats of the American people,” House Rules Committee ranking member Jim McGovern, a Massachusetts Democrat, said on the floor Thursday.

The Transportation-HUD bill, votes on which were postponed to the week of Nov. 6, includes a contentious provision to block spending on three specific LGBTQ community centers in Pennsylvania and Massachusetts. The language was adopted in a tense committee meeting in July marked by charges of hatred and bigotry by Democrats.

In a statement, Democratic Whip Katherine Clark of Massachusetts called the provision “one of the more brazen culture war moves this Congress.”

Spokespeople for House Appropriations Chair Kay Granger, a Texas Republican, and Transportation-HUD Subcommittee Chair Tom Cole, an Oklahoma Republican, did not immediately return messages seeking comment Friday.

The Transportation-HUD bill and Interior bills would also block funding for LGBTQ pride flags at departments and agencies covered by the bills and include a provision that bans disciplinary action for people acting on “sincerely held religious belief” against same-sex marriage.

The bill to fund the Interior Department, Environmental Protection Agency and similar agencies, which the House passed Friday on a near-party-line 213-203 vote, includes provisions blocking funding for the Smithsonian Institute’s National Museum of the American Latino, various diversity programs and the promotion of critical race theory. Congress authorized the museum, which would recognize the history, culture and accomplishments of Latino communities, in 2020.

Three Republicans, Brian Fitzpatrick of Pennsylvania and Mike Lawler and Marc Molinaro of New York, voted against the bill. One Democrat, Vicente Gonzalez of Texas, voted in favor.

New fronts in culture war

Partisan provisions in spending bills are not new, said former U.S. Rep. Charlie Dent, a Pennsylvania Republican who sat on the House Appropriations Committee from 2011 to his retirement in 2018.

But they are generally more common in the bills related to health care, labor, education and homeland security spending.

Bills to fund military construction and the departments of the Transportation, Housing and Urban Development, Interior and Energy “tended not to get as many bad ones,” Dent told States Newsroom, referring to partisan policies.

Republican amendments to limit spending seen as wasteful were “not uncommon,” but generally didn’t stray into cultural issues, he said.

The small-scale nature of some of the provisions appears more targeted than in past years, Sonya Acosta, a senior housing policy analyst at the liberal think tank Center for Budget and Policy Priorities, said.

“It’s not a new thing for members of Congress to have anti-LGBTQ policies,” Acosta said. “But to have them be so minute seems different.”

Appropriators, generally seen in Congress as moderates who must compromise, write contentious provisions into bills to mollify more extreme members, Dent said.

“This has been going on for years, and it’s only getting worse,” he added. “Just getting these people trying to force appropriators to write bills we knew could never become law. But it’s a wink and a nod: ‘OK, we’ll pass this piece of garbage out of the House and we’ll get to where we want to go in the end but we have to go through this process.’”

Environmental justice targeted

In another example, an amendment to the Interior-Environment bill offered by Texas Republican Chip Roy would block funding for environmental justice programs.

Biden’s Justice40 Initiative has sought to spend 40% of certain environmental and climate funding in disadvantaged communities that have been harmed by pollution and climate impacts.

“This entire ideology is based on the notion that federal environmental funding should be allocated based on immutable characteristics,” Roy said on the House floor Friday, apparently referring to environmental justice efforts targeted to communities of color.

Rep. Chellie Pingree, a Maine Democrat who is the ranking member on the Interior-Environment Appropriations Subcommittee, responded that undesirable sites such as landfills, incinerators and radioactive waste storage have often been placed in low-income communities.

Environmental justice initiatives seek to reverse that historic discrimination that has resulted in communities seeing lower property values, higher health care costs and shorter lifespans, she said.

“Why would my colleagues try to defund any efforts to improve the lives of people in rural and low-income communities?” Pingree said. “I’m sorry, but it’s just another attempt to implement an extreme agenda to attack minority groups at all costs, and to return the U.S. to a time when environmental discrimination was the norm.”

The House adopted Roy’s amendment on a 212-204 vote. Republicans Lori Chavez-DeRemer of Oregon and Fitzpatrick joined all Democrats present in voting against adoption.

The bill also included a provision to block funding “that promotes or advances” critical race theory, an academic field generally used in higher education that has nonetheless become a target of social conservatives worried that it is an example of reverse racism taught to young students.

The bill includes some funding for the Bureau of Indian Education, which supports schools on reservations. Another spending bill covering education, labor and health and human services also includes BIE funding.

Senate leverage

Spending bills are typically resolved by the leaders of each party in the House and Senate, Dent said.

Because of the nature of each chamber — and the Senate’s 60-vote threshold to pass legislation — the House version typically includes more partisan provisions that are stripped out of the final product. The Senate version is generally more bipartisan from the outset, giving that chamber the upper hand in negotiations, Dent said.

“Whatever bill crosses the finish line is not going to have these very contentious policy riders because they can’t get a bipartisan consensus in the Senate that would allow for 60 votes,” he said.

Dent, who was seen as a moderate during his time in office and has endorsed some Democrats since leaving Congress in 2018, criticized House Republicans for allowing a group of conservative hardliners to dictate the appropriations process.

“They go through this exercise all in an attempt to placate, pacify, appease, this hard-right group that didn’t support the budget agreement anyway,” he said. “All this time and effort to appease folks who are not going to end up voting for the bill anyway.”

But including such provisions in the House bill allocating housing funds still has consequences for LGBTQ people, Acosta said.

“LGBTQ folks experience homelessness at higher rates,” she said. “And part of that is because of the attitudes that are now being promoted at the federal level. And so that’s only going to exacerbate the issues that are happening on the ground.”

Seeing that could make LGBTQ people less likely to feel comfortable seeking services, Acosta added.

“Even if it’s just around messaging,” she said. “That messaging is incredibly harmful and counter-productive.”

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State and local election workers quitting amid abuse, officials tell U.S. Senate panel https://www.criminaljusticepartners.com/2023/11/02/state-and-local-election-workers-quitting-amid-abuse-officials-tell-u-s-senate-panel/ https://www.criminaljusticepartners.com/2023/11/02/state-and-local-election-workers-quitting-amid-abuse-officials-tell-u-s-senate-panel/#respond Thu, 02 Nov 2023 09:40:23 +0000 https://www.criminaljusticepartners.com/?p=11288

(Getty Images)

State and local election officials face threats and intimidation, driving experienced workers out of the profession, a panel of election officials told a U.S. Senate committee Wednesday.

Conspiracy theories have fueled a more hostile environment for election workers, which has led many to quit, creating more challenges for the inexperienced new leaders, the top election officials from two battleground states testified at a U.S. Senate Rules and Administration Committee hearing on threats to election administration.

Democratic and Republican election workers have been the targets of “threats and abusive conduct,” Rules Committee Chair Amy Klobuchar, a Minnesota Democrat, said.

Senators stressed the bipartisan nature of the issue and neither members of the committee nor the election administrator witnesses – which included state officials from Arizona, Pennsylvania and Nebraska and the Rutherford County, Tennessee, administrator of elections — mentioned former President Donald Trump or his unfounded attempts to discredit the 2020 election results that led to the Jan. 6, 2021, attack on the U.S. Capitol.

Congress must “continue the federal funding and to make clear this is a bipartisan, nonpartisan piece of the work that we do,” Klobuchar said.

“In recent years, election officials have faced both cybersecurity threats and physical threats,” the panel’s ranking Republican, Nebraska’s Deb Fischer, said. “They have struggled to retain experienced poll workers and to recruit and train new poll workers.”

Retention ‘one of the biggest challenges’

Threats against election workers and related issues have worsened since 2020, senators and witnesses said.

Twelve of Arizona’s 15 counties lost their chief election official in the last three years, Arizona Secretary of State Adrian Fontes, a Democrat, told the committee.

“As a former county recorder myself, I can attest that the pre-2020 world for election administrators is gone,” he said. “We don’t feel safe in our work because of the harassment and threats that are based in lies.”

He urged action to combat the misinformation that has led to distrust of election officials, calling it a “threat to American democracy.”

“Many veteran Arizona officials from both political parties … have left the profession for the sake of their own physical, mental and emotional health and that of their families,” Fontes said. “The cost of persistent misrepresentations about the integrity of our elections is high, but the cost of inaction against those threats is higher.”

More than 50 top local officials resigned over the same period in Pennsylvania, Klobuchar said. The entire staff of the election officials in Buckingham County, Virginia, left earlier this year, she added.

Election workers saw new levels of hostility after 2020, Elizabeth Howard, a researcher at the Brennan Center for Justice, a progressive voting rights nonprofit, testified.

That environment has led many experienced administrators to leave the profession, election administrators said.

Pennsylvania Secretary of the Commonwealth Al Schmidt, a Republican and the state’s highest ranking election official, described a vicious cycle. Experienced elections officials’ resignations left less experienced workers in charge.

“They’re more likely to make errors and make errors in an environment where everything is perceived as being intentional and malicious and seeking to change the outcome of the election,” he said.

Schmidt said the difficulty in retaining election workers and recruiting new ones is “one of the biggest challenges” in running elections.

But the environment since Trump pushed unfounded theories that his reelection loss in 2020 was illegitimate made that much more difficult.

“It almost defies common sense that we have people who want to get into these jobs,” Fontes said.

Red state officials report fewer issues

Nebraska Deputy Secretary of State Wayne J. Bena, who serves in an unelected position under an elected Republican, did not mention threats or intimidation of election workers in his state, but defended their work. A manual audit revealed only 11 discrepancies in nearly 50,000 ballots, he said.

“That’s an error rate of 23,000th of 1%,” he said. “This post-election audit provided valuable data in each county to verify the accuracy of our ballot counting equipment. Let me be clear: This expanded audit was not easy, but it provides another example of how our election officials go above and beyond to ensure the utmost integrity in our elections.”

J. Alan Farley, who oversees a county election commission in Rutherford County, Tennessee, said his workers have not experienced physical threats and the issue has not affected his office’s recruitment efforts.

At a recent event for about 250 election workers to discuss the 2024 presidential cycle, some who worked the 2020 and 2022 elections were “eager to return,” he said.

“Threats to election officials were never mentioned” during the event, he said.

But, Farley said, county elections officials in Tennessee did face cybersecurity challenges and could use federal funding to address them, he said.

“Many counties in the state of Tennessee do not have adequate funding for county IT departments,” he said.

Conspiracy theories feed difficult environment

But the election administrators from the states with more contested elections said threats have increased in recent years, fueled largely by the types of unfounded conspiracy theories that Trump espoused.

Administrators should take seriously the legitimate threats to election integrity, which is a real issue, Schmidt, whom Trump personally attacked for his work overseeing Philadelphia’s 2020 election results, said.

But conspiracy theorists who claim to be concerned with election integrity often promote wildly absurd ideas, he said, adding that such claims were particularly numerous about Philadelphia in the 2020 cycle.

“I can’t begin to share the number in Philadelphia that we experienced in 2020 that if it were a movie you’d walk out — it’s just so dumb,” Schmidt said. “But a lot of people believe it.”

Georgia Democrat Jon Ossoff said conspiracy theories led to 65,000 voter registration challenges in just eight counties in his state in the leadup to the 2022 midterms. The challenges were “overwhelmingly frivolous” and targeted Black voters, Ossoff said.

Fontes urged a more aggressive posture to fight misinformation.

“I think we need to be very, very much more robust in attacking the illegitimate attacks for what they are: conspiracy theories and lies designed to undermine our democracy,” Fontes said.

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Biden pick for ambassador to Israel confirmed with all but two Republicans opposed https://www.criminaljusticepartners.com/2023/10/31/biden-pick-for-ambassador-to-israel-confirmed-with-all-but-two-republicans-opposed/ https://www.criminaljusticepartners.com/2023/10/31/biden-pick-for-ambassador-to-israel-confirmed-with-all-but-two-republicans-opposed/#respond Tue, 31 Oct 2023 21:19:03 +0000 https://www.criminaljusticepartners.com/?p=11219

Jacob Lew, President Joe Biden’s nominee to be the U.S. Ambassador to Israel, testifies during a Senate Foreign Relations Committee confirmation hearing on Capitol Hill Oct. 18, 2023 in Washington, D.C. (Drew Angerer/Getty Images)

The U.S. Senate voted, 53-43, Tuesday to confirm Jacob. J. Lew as ambassador to Israel amid a recent escalation in the U.S. ally’s war with the militant group Hamas in the Gaza Strip.

Senators of both parties agreed the need to confirm an ambassador to Israel gained urgency after Hamas’ surprise attack on Oct. 7 that killed at least 1,400 in Israel.

But almost all Republicans voted against President Joe Biden’s nominee Tuesday, with many citing Lew’s record dealing with Iran while he headed the Treasury Department during the Obama administration.

Two Republicans, Rand Paul of Kentucky and Lindsey Graham of South Carolina, joined all Democrats and independents to vote in favor. All 43 no votes came from Republicans, who raised objections over Lew’s role in the Iran nuclear deal. Four senators, Roger Marshall of Kansas, Tom Tillis of North Carolina, Mike Lee of Utah and Tim Scott of South Carolina, were absent for the vote.

In floor remarks Tuesday morning, Senate Majority Leader Chuck Schumer noted the importance of having a representative in Israel as Congress considers a major aid package.

“With everything happening in Israel right now, confirming Jack Lew at this moment will be one of the most important and consequential nomination votes the Senate has taken in a long time,” the New York Democrat said. “The need to confirm Mr. Lew is plain and irrefutable: Israel is in crisis, America needs to stand with her, and a most urgent and obvious step would be to ensure that we have an ambassador in place.”

At his Oct. 18 confirmation hearing, Republicans on the Senate Foreign Relations Committee registered their objections to Lew’s role in the 2015 international agreement that lifted some economic sanctions on Iran in return for the country allowing restrictions on its nuclear program.

Iran is a major funder of Hamas and Hezbollah, another militant group neighboring Israel.

“Secretary Lew, I have reservations on your appointment as America’s ambassador to Israel,” the panel’s ranking Republican, Jim Risch of Idaho, told Lew at the hearing.

“Not only will you need to support Israel as it responds to these attacks, but also as it contends with the enduring and indeed, existential, Iranian threat, which I think is an underlying and foundational issue here. I have reservations about your ability to do that.”

The committee advanced Lew’s nomination last week on a 12-9 vote.

National Security Council spokesman John Kirby Tuesday called Lew “more than qualified” and said he would assist in both Israel’s war effort and the push to provide humanitarian aid.

Former Ambassador Thomas Nides left the position in July.

Ground strike

After weeks of airstrikes, Israel began a ground offensive into northern Gaza over the weekend, according to a statement from the country’s military.

Humanitarian aid continues to flow into Gaza, though there are complications around the deliveries, particularly fuel, Kirby said at the White House press briefing Tuesday.

In the last 24 hours, 66 trucks delivered supplies into the territory, with “dozens more” expected Tuesday, Kirby said.

The delivery of aid did not necessarily mean Gaza residents could leave Gaza, Kirby said. He blamed the inability of civilians to escape the territory on Hamas, who he said had established obstacles for people seeking to leave.

“Just because the gate swings one way doesn’t mean it’s going to swing the other way,” Kirby said. “Obviously, we want it to. Right now the aid is getting in — not enough, but it is getting in. But right now we can see we just are not able to get people out.”

Kirby said delivery of fuel to Gaza was critical, with existing stocks “dang near down to zero” and no fuel yet delivered. Fuel is needed to power water desalination plants, he added.

Kirby responded to concerns that Hamas could steal incoming fuel, saying that the group had not touched any of the humanitarian aid that had arrived thus far.

“It’s a legitimate concern, no question about that,” he said. “Our argument is it’s also a legitimate need of the innocent civilians in Gaza who are suffering right now in desperate need of continued medical care and fresh water to drink.”

Biden was scheduled to speak Tuesday afternoon with King Abdullah II of Jordan to discuss cooperating with Arab partners to provide humanitarian aid.

Aid package

Also Tuesday, the Senate Appropriations Committee, led by Washington Democratic Sen. Patty Murray, held a hearing to review an aid package that would include military and humanitarian assistance for Israel and Gaza. Secretary of State Antony Blinken and Defense Secretary Lloyd Austin testified to the panel Tuesday in support of the administration’s request for funding.

The White House has requested more than $100 billion for Israel, Ukraine, and U.S.-Mexico border security.

The U.S. can pay for aid packages to Israel, Ukraine and Taiwan, Kirby said Tuesday.

But U.S. House Republicans are split on further funding for Ukraine and introduced a bill Monday to send aid only to Israel. Administration officials and Democrats in Congress have dismissed the legislation.

“We’ve been very clear… how deeply concerning this House Republican bill is and how it doesn’t meet our national security needs,” Kirby said. “As commander in chief, the president is never going to do anything that doesn’t meet our national security needs.”

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White House calls for stronger gun policy reforms after Maine shooting https://www.criminaljusticepartners.com/2023/10/26/white-house-calls-for-stronger-gun-policy-reforms-after-maine-shooting/ https://www.criminaljusticepartners.com/2023/10/26/white-house-calls-for-stronger-gun-policy-reforms-after-maine-shooting/#respond Thu, 26 Oct 2023 20:55:46 +0000 https://www.criminaljusticepartners.com/?p=11061

“We’re going to do everything that we can from here, but really the answer is Congress has to act,” White House press secretary Karine Jean-Pierre said Thursday, Oct. 26, 2023, one day after a mass shooter killed 18 people and injured 13 others in Lewiston, Maine. (Drew Angerer/ Getty Images)

White House press secretary Karine Jean-Pierre called on Congress on Thursday to strengthen gun safety laws in the wake of the mass shootings in Lewiston, Maine.

Jean-Pierre opened Thursday’s press briefing with a statement on the shootings, saying President Joe Biden stepped out of a state dinner Wednesday night to receive an initial briefing on the event. Biden and first lady Jill Biden were “praying for the victims and their families” and “for those still fighting for their lives,” Jean-Pierre said.

Such violence devastated families and communities and left survivors “both physically and mentally scarred,” she said. She ticked through a list of policies Congress could enact to reduce future violence: banning assault-style weapons and high-capacity magazines, requiring universal background checks and requiring safe storage of guns.

Biden signed a bipartisan gun safety bill last year, which was narrower than an earlier Democratic proposal. He also established a White House Office of Gun Violence Prevention, headed by Vice President Kamala Harris, last month.

But such steps were insufficient, Jean-Pierre said.

“While we have made progress since the president signed the Bipartisan Safer Communities Act into law, much more — much more — must be done,” she said. “The president has been clear that executive action alone is just not enough.”

The White House office would evaluate what further executive actions could be taken, Jean-Pierre said. But the bulk of the responsibility fell to Congress, she said.

“We’re going to do everything that we can from here, but really the answer is Congress has to act,” she said. “They have to take action.”

Jean-Pierre declined to answer a question about Biden potentially visiting Lewiston in the aftermath of the shootings. The first priority should be to arrest a suspect, she said.

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Who is Mike Johnson? New U.S. House speaker belongs to GOP’s religious conservative wing https://www.criminaljusticepartners.com/2023/10/25/who-is-mike-johnson-new-u-s-house-speaker-belongs-to-gops-religious-conservative-wing/ https://www.criminaljusticepartners.com/2023/10/25/who-is-mike-johnson-new-u-s-house-speaker-belongs-to-gops-religious-conservative-wing/#respond Wed, 25 Oct 2023 22:58:23 +0000 https://www.criminaljusticepartners.com/?p=11034

Newly elected U.S. Speaker of the House Mike Johnson, R-La. delivers remarks with fellow Republicans on the East Front steps of the House of Representatives at the U.S. Capitol on October 25, 2023 in Washington, D.C. (Chip Somodevilla/Getty Images)

Before a relatively short time in elected office, new U.S. House Speaker Mike Johnson of Louisiana was a constitutional lawyer deeply involved in religious causes.

Prior to a short stint in the Louisiana legislature, Johnson spent two decades as a public interest lawyer mainly representing clients in so-called religious liberty litigation, he said in an interview with C-SPAN shortly after joining Congress in 2017. He worked in private practice for the Kitchens Law Firm in North Louisiana, and also did work for the conservative Christian group Alliance Defending Freedom, according to a 2015 article in the New Orleans Time-Picayune.

He also “litigated high profile constitutional law cases” defending Second Amendment rights, free speech and free market principles, according to his campaign website.

House Republicans’ choice of Johnson addressed two faults some members of the conference found with a previous speaker-designee who dropped out on Tuesday, Minnesota’s Tom Emmer.

Emmer voted to certify the 2020 presidential election, putting him at odds with former President Donald Trump, the front-runner for the 2024 presidential nomination, and for a bill codifying same-sex and interracial marriage. Johnson was on the other side of both votes.

The Louisianan was a strong backer of Trump’s claims that his reelection loss in 2020 was illegitimate. He led 126 House Republicans in an amicus brief to the U.S. Supreme Court in a case seeking to overturn Trump’s loss to Joe Biden in that election.

And Johnson voted to object to the 2020 election results from Arizona and Pennsylvania, even after a pro-Trump mob attacked the U.S. Capitol.

In Congress, Johnson has maintained a reputation as an opponent of abortion rights and same-sex marriage. He has an ‘A+’ rating from the anti-abortion Susan B. Anthony List in the last two sessions of Congress and a 100% rating for the current year from FRC Action, the legislative arm of the influential evangelical group Family Research Council.

The League of Conservation Voters, an environmental advocacy group, has given him a 2% lifetime rating, lower than all but 24 current House members, all Republicans.

He’s received $338,000 in campaign contributions to his personal campaign and leadership committee since 2015 from oil and gas interests influential in Louisiana — the most of any industry, according to Open Secrets, a nonprofit campaign finance tracking organization.

He’s also maintained ties to religious conservatives after coming to Washington.

He taught online college courses at Liberty University, a conservative Christian school in Virginia, earning him just less than $30,000 in 2022, according to his most recent personal financial disclosure, required for members of Congress.

His wife earned income in 2022 from Onward Christian Education Services Inc. and Louisiana Right to Life Educational Committee Inc., according to his financial disclosure.

Johnson’s voting record is strongly conservative, and he has little record of working across the aisle. He voted against high-profile bipartisan laws, including the $1.2 trillion infrastructure law, a gun safety law and a reauthorization of the Violence Against Women Act.

Fundraising gap

Johnson’s campaign fundraising operation has increased by small margins in each cycle since his first House run in 2016. He raised $1.1 million for his first run and over $1.3 million for his most recent reelection, according to Open Secrets. The numbers include money raised for Johnson’s leadership political action committees.

Part of a speaker’s role in modern times has been as a fundraising force for rank-and-file members. Johnson will have to expand his fundraising to replace the prolific Kevin McCarthy, whom eight GOP members ousted three weeks ago.

McCarthy, of California, has raised more than $15 million so far this cycle for his own campaign and his leadership committee. Emmer, the No. 3 House Republican, has raised $3.7 million. Johnson has raised just less than $600,000.

The largest single contributor to Johnson and his leadership PACs over his five campaigns has been Willis-Knighton Health System, a hospital system based in Shreveport whose employees have given $91,000 to Johnson’s campaigns.

House Freedom Fund, the political action committee associated with the far-right House Freedom Caucus, is his second-largest contributor. It has sent $58,000 to Johnson since the 2016 cycle.

A spokesperson for his House office did not respond to an inquiry about whom Johnson represented as an attorney.

Johnson’s legal work does not appear to have been overly profitable. He claimed no assets in his most recent financial disclosure, which is unusual.

House members are required to report any assets worth more than $1,000. Those assets can include real estate, retirement accounts, investment portfolios or simple savings accounts. Many members report millions of dollars in such assets.

Johnson listed between $280,000 and $600,000 in liabilities, most of which was from a home mortgage of between $250,000 and $500,000. The rest of his debt was split between a personal loan taken out in July 2016 and a home equity line of credit taken out in February 2019.

–Ariana Figueroa and Ashley Murray contributed to this report.

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