National News Roundup: Week 22 (June 18–24)

Holy monkeys, the news this week was horrible even by our current low standards. I suggest you have your comfort food of choice at the ready, y’all, because this week’s a really rough ride. But we’ll keep fighting to make next week better.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This news continues to contain multiple headlines each week outside my area as a legal generalist — still a lawyer, not a spy! — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

Constitutional Crisis Corners:

Still in the ring and even more horrible than usual: The Russia Collusion Investigation, which somehow manages to be gaining ground in both directions this week.

  • Russian Hacker Highlights.* There has been a huge amount happening on this front, and I’m not even convinced I understand all of it, but here’s a good faith stab at a summary. After hearings this week on the 2016 election cyberattacks, a bunch of further information has come out on the topic. We now know that Vladimir Putin personally ordered an “influence campaign” to harm Hillary Clinton’s electoral chances and “undermine public faith in the US democratic process.” The resulting hacking campaign impacted at least twenty states, and we found at least one instance of a voting log being successfully altered by the campaign (though not much further evidence of systemic changes to voting rolls). We also learned that President Obama knew of this order, but feared undermining the integrity of the elections further by reporting on it. Also, Trump has done very little to prevent a repeat attack, but is now saying that Russia hacked the DNC and criticizing President Obama for not doing more. For a surprisingly thorough and good secondary-source summary as far as I can tell, by the way, check out the wikipedia page on this (which has 332 citations!).
  • No Tapes, Just Obstruction of Justice.* Trump announced this week that there were no tapes of Comey, after a week of build-up and self-imposed deadline that the New York Times correctly identifies as designed to shift attention away from the healthcare bill in the Senate. (The same article also notes that legal experts rightly identify “I bluffed to threaten you not to testify” a classic example of obstruction of justice, because it is.) Then as an encore he inexplicably said that it was “bothersome” that Mueller has ties to Comey — both men were career FBI investigators, and it’s not like there are two FBIs — and insinuated that Mueller should step down. Because when you publicly admit you just engaged in obstruction of justice, it’s definitely the biased investigator’s fault when he investigates you.
  • Our Attorney General Now Has an Attorney. Since getting your own defense counsel is de rigueur for all sketchy members of the Trump Administration, the latest person to hire one is Attorney General Jeff Sessions. I’m going to repeat that, because it bears repeating: The current Attorney General of the United States — the highest prosecutor in the land — now has a defense attorney representing him in an ongoing investigation. Folks, I seriously cannot stress enough how incredibly strange and jarring that should be for all of us; regardless of whether he has anything to hide or not, an Attorney General retaining defense counsel is really seriously not normal and it’s a measure of the strange times we find ourselves in, regardless of what happens from here.

I genuinely can’t believe where we are with regard to the Emolument Clause this week — though there’s only one news item this week, it’s more than enough all by itself.

And on top of all that, we’re back to battles on three fronts, because there’s also bonus Suppression of the Press.

Your “Normal” Weird:

  • Iowa Rally Nonsense. Trump held a rally in Cedar Rapids, IA — what appears to be a campaign rally, in fact, though the next election isn’t for another 1200 days — and spoke for seventy rambling minutes about his various achievements and virtues. I swear my ability to even went down about ten points permanently just by reading articles on this, but it’s so bizarre that I need to report it anyway — I recommend checking out Fact Check’s writeup if you want to source this, though you may suffer as I did. Highlights include promising to bar immigrants from access to cash welfare benefits for five years after their arrival (which Bill Clinton already did back in 1996); falsely claiming the Paris Agreement is a binding agreement; and exaggerating how much the U.S. has spent in the Middle East by about five trillion dollars. Murrica.

The Bad:

  • AHCA: Second Verse, Worse than the First. Okay. So. The Senate released its version of the AHCA this week, which it’s calling the “Better Care Reconciliation Act” or BCRA (spoiler: It’s not actually better care in the slightest.) The CBO also issued its report on the bill today, and estimates it would leave 22 million people uninsured by 2026. It does a lot of the same things the House version does to the private insurance market (ends the personal insurance mandate, ends the employer mandate, drops health care essentials, refuses coverage of abortions, defunds Planned Parenthood for one year, expands use of health savings accounts, and uses all the money this saves to create a big ole’ tax cut for the rich), but it does them generally more slowly and, over time, more harshly. In particular, people with pre-existing conditions may be priced out of most markets. As Vox put it: “It’s not complicated. Just cruel. Poor people pay more for worse insurance.” (For a very good, very comprehensive comparison of the Senate version, the House version, and current law, check out this NASHP chart.) But, as the New York Times correctly points out, the really big story of the BCRA is that it’s also a rollback of Medicaid as we know it. In the program’s current form — the form it has had since its inception in the 1960s — Medicaid is an entitlement program, which means anyone who qualifies for it can expect coverage for their medical bills as they accrue. But under the BCRA, states are heavily restricted both in terms of amount of funding and in terms of how many people they can help; in fact, states have a penalty imposed if they help more than a national average of people even if they don’t overspend doing it. This is some pretty Dickensian stuff, and it’s a really major change.
  • Immigration Instigation. This was a really rough week on the immigration front. Between ICE showing up at a human trafficking court, an emergency care organization getting raided in the desert, and a mixed outcome at best from the Supreme Court on the travel ban, it’s all a little bit dizzying. That said, though, the show is far from over on that last one, and it’s not all bad — I’ll do a bit of unpacking here. The Supreme Court decided to remove the stay on Trump’s travel ban today, which means this administration can start enforcing it again. However, the court also held that the travel ban may not be imposed on anyone who can show “a bona fide relationship with any person or entity in the United States.” Which will be double plus unfun for CBP to try to enforce, and also hard to interpret, which is a thought that keeps me warm and cozy at night. (Incidentally, this is just a temporary measure before the case is heard on the merits; the case is on for oral arguments in October, which means we’ll hear more then if not before.)
  • Ossoff lost special election. The Georgia Sixth District election came and went, and ended in victory for Karen “my faith calls me to prevent gay families from adopting” Handel by less than four points. The press has been all over the map in its reactions— I’m seeing everything from “this is a major loss” to “this is still a victory for Dems” to “let’s blame Nancy Pelosi for this for some inexplicable reason” — so I’m going to take a page out of my very wise researcher’s book and just provide you with some election statistics. It happened, it was no fun, and we’ll keep working towards a better House in 2018.
  • ADAPT Protests and Police Response. Disability advocates from ADAPT, a disability rights organization, staged a die-in on Thursday in front of Mitch McConnell’s office on Capitol Hill to protest the draconic BCRA — which, as noted above, experts believe really is likely to result in deaths for many disabled persons. Countless activists were carried out by police, many without necessarily health devices like wheelchairs needed for mobility or ventilators needed to breathe safely. All told, forty-three disability advocates were arrested and removed.

The Good:

  • Go Home BRCA, Nobody Likes You. About the only good thing I can say about the Senate’s healthcare bill is that nobody likes it (and that might end up being a saving grace). Just like last time, Congressional lawmakers find themselves stuck courting several ultra-conservative Senators and more moderate counterparts as well as the entire list of Dems; a total of fifty-six senators have indicated they will not vote for the bill in its current form. Even more damning is the low number of Senators who have actually expressed support — only seventeen so far, with the remaining twenty-eight making noncommittal statements leaving us guessing. If the current numbers hold, the bill will not have a majority to pass (which some news outlets are speculating is McConnell’s real plan). Outside of Capitol Hill, the laundry list of prominent and relevant figures who have condemned the bill is even more staggering — vocal opponents include former President Obama, the Koch network, several pediatrics organizations, a coalition of ten insurance organizations, several governors of states that took the Medicaid expansion, the American Hospital Association, and the American Psychiatric Association.
  • SCOTUS Still (Mostly) Works. There were several cases out of the Supreme Court in the past week that were encouraging or noteworthy, so I’m throwing in a few highlights for your perusal. In Maslenjak v. United States, a 9–0 court decided that denaturalization (the process for stripping a naturalized citizen of citizenship) should not be a penalty for misrepresentation of nonmaterial facts on a citizenship application. (Thomas, Alito, and Gorsuch, who are rapidly becoming The Alt-Right Triplets, filed a concurrence but did not dissent). In Pavan v. Smith, a 6–3 court decided that same-sex married people have a constitutional right to list both names on a birth certificate for any children of the marriage, regardless of the fact that both parents are not biological contributors to the child. (The dissenters were, you guessed it, Thomas, Alito and Gorsuch.) It’s a bit strange recognizing Chief Justice Roberts and Justice Kennedy as a new-order moderate and liberal, respectively, but we live in strange times indeed.

And that’s all for now, but tomorrow’s a new day. (And so’s the next day. And the next day…) Stay tuned for more updates and anecdotes next week!

National News Roundup: Week 21 (June 11–17)

This week, the vast majority of news that flew by was Russia-related. I can’t decide if that’s a good thing or a bad thing — I guess at minimum, it’s good that people are paying attention. The non-Russia-related news was mostly pretty rough, as a warning, though it’s important for us to know it anyway.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This week also contains multiple headlines outside my area as a legal generalist — still a lawyer, not a spy! — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

Constitutional Crisis Corners:

Surprisingly, movement on both relevant crises this week was net-positive for the second week in a row. Let’s hear it for our system limping along under an auspice of democracy!

Still standing despite a repeated pummeling, at least for now: The Russia Collusion Investigation, which is probably going to be a recurring theme for the foreseeable future.

  • Russian Hacker Highlights.* The latest news on the actual election hacking from 2016 is that there’s evidence that Russian hackers breached voting systems in 39 different states before the November election. Most notably, evidence was found that in at least one state hackers tried to change or delete voter data. About 90,000 records were compromised. To make heads or tails of what we know, I recommend this helpful timeline.
  • From Senate, No Love.* In a turn of events that honestly surprises the socks off of me, the Senate had some concrete things to say about Russia and sanctions this week. Most notably, the Senate bilaterally agreed to issue sanctions against Russia for their interference with the 2016 election, and to limit President Trump’s ability to unilaterally lift said sanctions. The bill was originally intended to focus only on sanctions on Iran, but bipartisan support for the Russia-related provisions dramatically increased after more news broke about the sheer breadth of Russian interference in American politics. (Ironically, the only people in the entire Senate to vote against this measure were Bernie Sanders, Mike Lee, and Rand Paul.) The bill would still need to pass in the House and be signed by Trump, and I think we can expect a veto on this one; more news as it develops.
  • Sessions Testimony Session. Well, the Sessions testimony… happened… but to be honest, the inconclusive nature of his testimony before the Senate Intelligence Committee only raises more questions. Though he was pretty consistent that he never discussed the election with any Russian representatives, and claims there was no third meeting, some of Sessions’s comments can be read to suggest he wouldn’t recuse himself from an investigation into obstruction of justice. This is a much narrower understanding of his recusal than had previously been believed, and is bad news bears for any ongoing investigations about Trump’s behavior post-election. (You can catch full real-time coverage through the Washington Post and the Hill, by the way, Politico also put out a transcript for the truly dedicated. That said, though, I warn you that the third one is mostly just pages and pages of Sessions making up executive privileges, refusing to answer questions, and smirking as Burr interrupts Kamela Harris.)
  • Obstruction of Justice Inception. Unsurprisingly, a rumor was circulating this week that Trump might try to get Mueller fired because Mueller was starting an investigation into obstruction of justice — nothing goes with illegal obstruction quite like a side order of illegal obstruction, that’s what I always say. (Yo dawg, I heard you like obstruction of justice.) Since Mueller leads an independent investigation, Trump doesn’t have the power to do this — that’s pretty much exactly what ‘independent investigation’ means in practical terms — but it’s certainly believable that he might try to harass Rosenstein into it. Several members of Congress appeared to take the rumor seriously, or at least were quick to publicly note that they were pretty unimpressed by this idea. The White House ended up denying the rumor, and who only knows if they were seriously considering it or not.
  • Trump’s Attorney Now Has an Attorney. President Trump’s personal attorney, Michael Cohen, hired an attorney of his own this week to help him navigate the Russia investigation. Nothing says “nothing to see here” like an attorney hiring his own attorney because he represented someone! (For those of you reading this who are not aware, generally attorneys can expect that their work product in the course of representing someone will not be subpoenaed and they cannot be compelled to testify — this is commonly known as ‘attorney-client privilege.’ So if he’s hiring his own attorney, that…suggests there’s some reason why he might be personally liable, not professionally liable as Trump’s attorney. So that’s fun.)

In addition to all your by-now-ordinary Russia weirdness, we also saw some breaking excellent news on The Emolument Clause! More specifically…

  • Emoluments Suits Multiply. Continuing the momentum from last week, nearly 200 Congressional Democrats are now suing the President for violation of the Emoluments Clause as well, becoming the largest group of representatives ever to sue a sitting President. The group is arguing that they are uniquely suited to resolve the standing issue that makes these cases hard to prosecute, because a President is constitutionally required to obtain the consent of Congress before accepting gifts. (This is the third suit of its type since Trump took office, and though there may be standing issues both the Virginia/DC case and the CREW case are still ongoing.) The suit was filed shortly after the Justice Department officially took the position that the President is allowed to accept money from foreign governments. Needless to say, it will be interesting to see what the courts do with this.

Your “Normal” Weird:

The Bad:

  • Gun Violence in Multiple States. This week we saw multiple heartbreaking instances of gun violence on the same day. The most publicized incident was the politically-motivated shooting of a Republican representative at a Congressional softball practice, which thankfully had only one fatality (the gunman, during a shootout with police). The incident did injure multiple people, including Representative Steve Scalise and police officers Crystal Grines and David Bailey. There was also a fatal shooting at a UPS building in San Francisco, resulting in the deaths of four UPS staff members including the shooter. Unlike the Alexandra shooting, police are still trying to determine the motivations in that incident, which does not appear to be politically-motivated. Lastly, there was also a shooting in Brooklyn on the same day, resulting in one injury.
  • Unprecedented AHCA Process. The National News Roundup haven’t covered this story much lately, simply because after all this time, there’s just not much info — but that’s because Senate majority leader Mitch McConnell is exploiting a provision called Rule 14 to refuse to release the text of the Senate’s version of the AHCA before the vote. Even Secretary of Health and Human Services (and resident bridge troll) Tom Price hasn’t seen the Senate bill. This is deeply concerning, both because there’s not a lot to suggest the AHCA has changed much and because it goes against the heart of our democratic principles to try to pass such major legislation in utter secrecy. It is imperative that we stay on top of this and also call our representatives — all of us; even those of us with Senators in liberal areas! It’s still looking likely that they’ll release some information to the Congressional Budget Office in the next week, so we might know more (and see a vote!) soon.
  • Sessions v. Medical Marijuana. Sessions personally made sure he asked Congress to let him prosecute medical marijuana cases this week (because apparently sick people aren’t getting steamrolled fast enough for him under the AHCA). At the moment, there is federal law essentially prohibiting this prosecution, though apparently he isn’t going to let pesky things like “existing laws” or “human decency” get in his way. Just as a quick reminder, there is ample evidence that medical marijuana does not lead to increased recreational consumption and can have significant health benefits for people with very serious illness. (Also, on a personal note, this topic is hard for me to write about neutrally because a cannabis-based prescribed drug helped my father-in-law hold down food in the last stages of his cancer treatment.) At any rate, this is a terrible idea that’s probably not truly motivated by public safety, and you can read the whole horrible memo here, though I’m not sure it will improve your day at all.
  • Black Lives Still Matter. This was a rough week in terms of violence against black people, between police shooting a 30-year-old pregnant woman in Seattle named Charleena Lyles instead of deescalating the situation and a jury acquitting Minnesota police officer Jeronimo Yanez of all charges in the shooting of Philando Castile. (The Philando Castile case is particularly upsetting to many people because it happened during a routine stop for a broken taillight, because there’s no concrete evidence that he failed to comply with instructions during the stop, and because his girlfriend, Diamond Reynolds, had live-streamed and narrated the entire incident.) Needless to say, our country still has a lot of work to do to create more responsible police interaction with people of color.
  • London Woes. This was also an extremely rough week for England, which has been having a hard time of things for a few weeks now. First there was a fire in a high rise in London, burning a 24-story building to ash and killing at least 58 people. Then there was an attack outside a mosque, also in London, in which a driver tried to run down people exiting the building; the attack is believed to be an act of retaliation for the London bridge attacks. The vehicular attack killed at least one person and injured ten others.

The Good:

And that’s all for now, but the news comes in pretty fast. Stay tuned for more updates and anecdotes next week! (No guarantees about more dog videos.)

National News Roundup: Week 20 (June 4–10)

The news this week is a wild roller coaster ride. We actually saw a lot of positive developments! But it can be hard to really feel that in the middle of the daily grind, and we saw some pretty busted stuff as well. Stay with us and stay fighting, folks; I promise it’s worth it.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This week also contains multiple headlines outside my area as a legal generalist — still a lawyer, not a spy! — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

Constitutional Crisis Corners:

There was movement on two crises this week, but most of it was positive. Judicial Enforcement was definitely successfully tagged into the ring, and brought their best friend Senate Hearings while they were at it.

Still standing despite a repeated pummeling, at least for now: The Russia Collusion Investigation! Boy did a lot happen on this one this week.

In addition to all your by-now-ordinary Russia weirdness, we also saw some breaking excellent news on The Emolument Clause! More specifically…

  • Maryland and DC are Suing Trump. This is new as of today and I’m really excited about it; the Attorneys General for both Maryland and the District of Columbia are suing Trump for violating the Emoluments Clauses of the Constitution. Though this is not the first suit to be brought against him on this issue, it’s the first time a public entity has sued. It seems likely that this suit will not run into the standing issues that have plagued the private case, so we’ll likely see a decision on the merits — but this is all uncharted territory, so who only knows what we’ll see from here.

Your “Normal” Weird:

  • “I Am (Foolishly) Calling it a TRAVEL BAN!”: My coworkers and I discussed recently that Trump must be the worst client in the world to represent, because he keeps undermining his own cases. The latest this week was his insistence on calling his executive order a travel ban, referring to the current iteration as “watered down [and] politically correct.” Needless to say, if you’re taking the position in court that your executive order is not a travel ban, it’s not super wise to announce the exact opposite with lots of exclamation points in a public Twitter tirade. And this did in fact come back to bite him within the week — more on that below.
  • Weird Cardboard Ceremonies. This past week, Trump made sure he had a photo op moment signing… uh, nothing, basically. After Trump announced he wanted to privatize the air traffic control system (which strikes me as a bad idea, but this administration has so many of those that this just makes it Tuesday), he sat down to Sign an Important Order About This Topic. But since he doesn’t actually have the power to do that, he just signed “a decision memo and letter transmitting legislative principles to Congress.” In other words: “Hey, Congress, I want you to do this thing!” (Spoiler: Congress already decided not to do this thing last year.) Then, just to up the executive weirdness ante, Trump held his first full cabinet meeting today. I guess we can now expect all cabinet meetings to include a ceremonial Taking Turns Praising The President as well as the Presidential Embarrassingly-Apparent Falsehood Call to Order.
  • “They’re Not Even People.” Eric Trump had the distinction this week yet again of saying the quiet part out loud, this time in his announcement to Fox News that Democrats “aren’t even people” to him. Which, to be fair, we knew already. But you’re not supposed to say it on live television. (The DNC did not bother to respond directly, which was probably wise.)

The Bad:

The Good:

  • Clean Energy Shuffle. Continuing the efforts that began last week, both Hawaii and California passed legislation in the past week to adhere to the Paris Accord terms. California has agreed to expand cooperation with China to create low-carbon urban development and zero-emission vehicles. Hawaii, in contrast, established a task force to improve soil health and created provisions to reduce greenhouse gas emissions generally. These efforts are in tandem with the United States Climate Alliance, though both states are also members.
  • British Special Election Backfires. Conservative Prime Minister Theresa May called a special general election in an effort to push her party’s agenda, which backfired spectacularly when she lost the conservative majority in Parliament instead. The considerably-more-liberal Labour Party won significant gains in Parliament, resulting in a hung Parliament (and muddied waters for upcoming Brexit negotations and the new British order). There’s still likely to be a conservative majority coalition, with the Tories working with the ultra-conservative Democratic Unionist Party, but that hasn’t been confirmed yet, and there might be yet another election if it can’t be pulled together. Either way, Theresa May had to apologize to her base for squandering their majority. That said, since she was making statements about how she planned to ignore human rights just prior to losing the majority, it’s likely the election was a powerful referendum on British views of ultraconservative policies. This is an opportunity for Britain to reorganize in a more moderate fashion before Brexit negotiations begin, which is likely to be a long-term positive, even though the value of the British pound has dropped and it makes the immediate future of Brexit uncertain.
  • 9th Circuit Expands Stay on Travel Ban.: Remember how I mentioned above that Trump got himself in trouble with his travel ban tweets already? That would be because the Ninth Circuit, which heard arguments recently about his new travel ban and the stay put in place by a district court judge, went ahead and considered them when issuing an order to leave the stay in place. (Though that said, the Ninth Circuit decision primarily rests on a finding that the administration failed to show sufficient national interest to justify the ban, not a finding of bad faith.) The Ninth Circuit decision echoes and expands the previous decision made by the Fourth Circuit, extending the stay to the provisions about refugee admissions as well as travel more generally.

And that’s the news that’s fit to print! And some that isn’t, but you heard it here anyway.

National News Roundup: Week 19 (May 28-June 3)

The news… appears to be slowing down a bit this week? I’m not sure how that happened, though I’m glad to be given a chance to catch my breath. That said, we did see some really big headlines, even if I don’t fully understand why some of the moves made this week. It’s like trying to follow a chess game where one of the players is drunk. And concussed. And there are cartoons happening in the next room.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This week also contains multiple headlines outside my area as a legal generalist — still a lawyer, not a spy! — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

On Russia and News:

Somewhat mercifully, we’re back down to “just” The Russia Collusion Investigation this week in terms of constitutional crises in the news. The ongoing threats to the First Amendment and the Emoluments Clause haven’t gone away, though, so please still call your reps about them! In the meantime, here’s your weekly wtf about all things Russia:

Your “Normal” Weird:

  • Covfefe Conspiracy. Trump got way too much attention this week for tweeting “Despite the constant negative press covfefe” just after midnight. While Twitter had a field day, conspiracy theorists insisted that “covfefe” means “I will stand up” in Arabic (which, spoiler, no it doesn’t). Meanwhile, Sean Spicer insisted that “a small group of people know exactly what he meant,” which would be ominous if it didn’t seem more likely to be a bald-faced lie.
  • Communications “Shakeup.” Apparently as part of promised “shakeups,” Communications Director Mike Dubke resigned this week. It’s unclear when his last day will be and why exactly he tendered his resignation, although it looks like he actually entered it before Trump’s trip abroad. Spicer apparently will be covering his duties in the short term, with fewer media briefings in general. The decision to leave is particularly striking when considered against the extremely low staff numbers among this administration, which has only filled 39 of 559 executive branch appointments.
  • Travel Ban Blues. Trump has filed a petition with the Supreme Court to reinstate the ban, and Justice Kennedy will probably cast the deciding vote on whether the court hears the case or not. If the Supreme Court does decide to hear the case, this will be an incredibly important case for evaluating how independent our judiciary’s functioning has remained at its highest level. That said, the Supreme Court might very well decide to wait until somebody — anybody — actually makes a decision about the order itself on the merits of the case. (Meanwhile, Trump referred to the order as a “travel ban” again this weekend in a set of tweets about recent terrorist action in London, despite the fourth circuit literally reviewing statements like this to make the determination he’s appealing this week. Hopefully whatever court does consider the case itself will take note; the ACLU certainly noticed it, at the very least.)

The Bad:

  • Paris Accord Withdrawal. The unquestionably biggest news this week is that Trump said he plans to pull the United States out of the Paris climate accords, which are a voluntary agreement signed by 195 out of 197 countries (including us, obviously) in 2015. The purpose of the accord is to engage in practices to limit carbon emissions and slow the spread of climate change. Only two world countries do not participate in this accord — Nicaragua, which felt the accords did not promote radical enough changes to energy practices to preserve the planet, and Syria, which was distracted by a bloody civil war at the time of signing. Trump claimed that the agreement was “negotiated poorly” and too costly for Americans. Per the terms of the accord itself, however, the United States cannot actually exit until 2020, which makes this move as symbolic as it is ill-advised.
  • International terrorism. This was a very rough week on the international stage regarding violent attacks. Kabul, Afghanistan saw multiple instances of terrorism; first when a car bomb near a German embassy killed and injured hundreds of people, and again when blasts went off at a well-attended public funeral. There was also a terrorist attack at London Bridge, killing about seven people and injuring many others. London police responded to the scene extremely quickly, fatally shooting the attackers within eight minutes of the incident’s start and likely saving many lives in the process. (President Trump was equally quick to spread rumors, promote his travel ban, and harass the mayor of London for engaging in appropriate public relations with denizens.) Though the Taliban has denied responsibility for the attack in Kabul, the government blames the Taliban’s Haqqani network for both attacks; the Islamic State claimed responsibility for the one in London. It is important to note that both of these violent attacks during Ramadan reflect a perversion of mainstream Islamic law, which teaches that Ramadan is a deeply spiritual time for fasting and reflection. The attack in Kabul, which happened while people were praying and observing funeral rites during daylight hours, is particularly counter to the mainstream tenets of the faith; the Afghan President acknowledged this in his statement about the Wednesday attack.
  • Trump Exempts Staff from His Own Ethics Rule. Remember that Ethics executive order that Trump issued a few months ago about obvious conflicts of interest for government employees? Yeah, apparently neither does he, because he’s issuing waivers on it left and right. The most problematic waiver on the list is a “blanket waiver” for contact with news outlets, which they want to use to keep Steven Bannon in contact with Breitbart News, but there are seventeen waivers issued all told. Needless to say, the Office of Government Ethics is not impressed, and plans to push back on this practice.
  • But Her Emails. Trump apparently instructed national leaders to call him on his personal cell phone, which is a pretty significant breach of security protocol because the line is not exactly secure. So far, apparently only Justin Trudeau, the Prime Minister of Canada, has actually taken him up on this offer, and I can only imagine how that phone call went. I bet Mexican President Enrique Peña Nieto probably has a few choice things he would like to say to Trump on a secure line, though.
  • Texas Lawmaking At Its Finest. A Texas state legislator called ICE on protesting constituents this past week, citing “f*** them” as his reasoning (and yes, that is really an actual quote repeated by one of the legislators involved). Then for a follow up act, he got into a fight with multiple outraged fellow legislators, which ended with him threatening to shoot one of them in the head. He’s now in protective custody.

The Good:

And that’s all I got! (It almost ends up feeling short and sweet to me, though my trusty resident editor informs me that this is not universal.) There is a lot to track in the upcoming weeks, so I doubt we can get used to it. Catch you next week!

National News Roundup: Week 18 (May 21–27)

This past week was a major sine wave; we had some big wins but we also had some really rough sailing. (Sailing…wave…see what I did there?). The news is still coming in at a rocket-fueled rate, so who only knows where we’ll be this time next week. For now, the Russia section stays in place, though I’m broadening it to talk about Constitutional issues generally, because that doesn’t seem to be slowing down much (and we now have at least three different potential Constitutional crises in play).

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This week also contains multiple headlines outside my area as a legal generalist — still a lawyer, not a spy! — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

Constitutional Crisis Contenders:

It’s starting to get legitimately hard to keep track of all the various unconstitutional things happening, so this new section is probably here to stay. Your handy-dandy neighborhood legal generalist turned announcer is here for you — let me just get my megaphone…

Okay, are you ready? Yeah, me neither, but here we go. In the first corner: The Russia Collusion Investigation! Come for the sketchy backdoor dealings, stay for Flynn’s likely flight from the country!

In the second corner: Remember the Emoluments Clause? Still a thing, at least on Constitutional paper!

  • Oh, That Pesky Constitution. The by-now-traditional weekly “I can’t believe I’m not making this up” award goes to the Trump Organization announcing that it’s not going to bother to comply with the Emoluments Clause of the Constitution. Specifically, the organization noted that compliance “is impractical” and “would impede upon personal privacy and diminish the guest experience of our brand.” Unsurprisingly, Elijah Cummings (ranking Democratic member of the House Oversight Committee) shot back a very angry three-page letter explaining how and why this was unacceptable. The legal dream team suing Trump over this issue, meanwhile, has probably already mailed Cummings a fruit basket and a subpoena.

And in the third corner, because technically a ring has four of them: Reigning champion Free Press!

Which the first two contenders are joining forces to beat down; ouch, that’s gotta hurt. Here’s hoping the First Amendment team can tag in partner Judicial Enforcement before it’s too late!

Your “Normal” Weird:

  • Official Word on Haitian TPS. The Department of Homeland Security announced this week that it plans to extend Haitian temporary protected status — but only until until January 2018. This six-month extension is considerably shorter than the customary eighteen months, though it does give Haitian families — some of whom have been living here in the United States for seven years — more time to plan. The move is probably intended to be a compromise between letting the status expire outright and extending it through the normal process. Either way, it’s an odd move likely to leave literally everyone displeased, as is the way of compromises.
  • Poverty State of Mind. Ben Carson continues to be a walking font of bad quotes and no housing experience, this time announcing that “poverty is a state of mind” that people can overcome “in a little while” if they have the right mindset. Needless to say, people were less than impressed by this opinion; my favorite is the person who wants to know if they can pay their rent with the power of positive thinking. (Also, though Carson’s statement was laughably, painfully asinine, I do want to make an important subtext into text here: Simply rising to the top of the waiting list to access the public housing offered by Carson’s department frequently takes several years. It is irresponsible and concerning in the extreme to hear the director of the program publicly deny that reality, and it doesn’t really matter whether he honestly believes what he is saying — his words belie a fundamental lack of concern and empathy for his department’s recipients either way.)
  • Who Wants to Be an FBI Director? Apparently not many people, if the list of candidates withdrawing from consideration the position is any indication. Most notably, Joe Lieberman and Richard McFeely withdrew from consideration this week, despite being among the four candidates to interview at the White House. This leaves only two interviewed candidates in the running from an original list of about fourteen — acting director Andrew McCabe and former Oklahoma governor Frank Keating. The withdrawals may put former Republican Rep Mike Rogers back on the list, since he’s apparently popular with the FBI, if Trump doesn’t want to appoint McCabe or Keating; we’ll have to see what happens from here. At any rate, having six people drop out from consideration on a position this high-up in government is incredibly bizarre, and speaks to how little people now want to work with this administration.

The Bad:

The Good:

  • Voting Rights Win. The Supreme Court published a really important opinion on voting rights this week, affirming the North Carolina appeals court’s view of illegal gerrymandering in two districts 5–3 (with Gorsuch, who was not yet a justice during oral argument, recused). The court held that racially motivated redistricting is unconstitutional even when those districts also reflect political party affiliations, and rejected the government’s ridiculous argument that the Voting Rights Act of 1965 required racially motivated redistricting. Basically, the court said that race can’t be the strongest consideration in redistricting, and it also can’t be used as a proxy for political affiliation. The case potentially paves the way for more robust voting rights protections by linking racial discrimination to party affiliation, especially because redistricting needs to be done for 2020. Texas, you’re on notice now.
  • Travel Ban Still Illegal. The fourth circuit upheld an injunction put in place on the travel ban by a federal district court this week, leaving the stay on enforcement in effect. The opinion is very long — about 200 pages, all told — but it focuses primarily on the Establishment Clause in its substantive reasoning, saying the Executive Order “drips with religious intolerance, animus, and discrimination” and the plaintiffs are likely to succeed on the merits of their constitutional challenge. Much like earlier court cases, the fourth circuit case focuses on the extensive public statements made by the President and his advisers to determine a bad faith intent to discriminate against Muslim people in both executive orders. Sessions has indicated that he plans to appeal the order to the Supreme Court.
  • Modest Sanctuary City Win. Sessions issued a memo finally defining just what “sanctuary jurisdiction” actually means, and backing off of previous threats to cut funding in the process. The memo was likely in response to a recent federal court opinion that found the order unconstitutional. The new version applies only to federal grants from the Justice Department and the Department of Homeland Security (though that still covers a lot of ground), and specifically defines sanctuary as “jurisdictions that willfully refuse to comply with [federal law requiring disclosure of legal status to federal officials].” This means that cities fighting with the federal government about whether to hold individuals on “immigration detainers” are not considered “sanctuary jurisdictions” on that basis alone. This new version will probably still be challenged in courts, because restrictions on grant funding are traditionally a legislative matter. In the meantime, we now have a definition of what compliance is actually being mandated, and many, many grant recipients can breathe a bit easier because their funding is not tied to the provision at all.

Though it may not be immediately obvious, all of these court cases are really big wins, especially the voting rights case; for now, it seems apparent that our court system is still functioning normally, and is taking steps to limit the ongoing creep of fascist infrastructure and preserve free elections and religious freedoms. It will also be very interesting to see what the current Supreme Court does with the growing body of travel ban cases.

And that’s all the news at this very moment, though I bet that will change within an hour of posting. Onward we row along…

National News Roundup: Week 16 (May 7–13)

This is, without a doubt, the weirdest news week I have ever seen. And I’ve been compiling news for y’all for seventeen weeks now! Folks, as soon as Trump fired FBI Director James Comey mid-investigation, we veered into uncharted territory. Now it’s all star sightings, compasses, and calling Congress repeatedly from here.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This week contains multiple headlines outside my area as a legal generalist — I’m a lawyer, not a spy! — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

The Weird:

The Bad:

The Good:

  • France Avoids Electing LePen. France, unlike the US, managed to avoid electing a fascist in their national election this week, opting for centrist candidate Emmanuel Macron instead of National Front candidate Marine LePen. The sound victory came despite a hacking effort to sabotage the centrist candidate. Apparently the French learn from history better than we do, which is good to know; experts say Macron’s victory can be attributed to France’s history with fascism and with the National Front specifically as well as skill and luck on Macron’s part.
  • A Round of Applause for Yates and Clapper. Sally Yates and James Clapper testified about collusion with Russia this week before the Senate Judiciary subcommittee. There were a lot of highlights, but biggest takeaway is that Yates warned the White House that Flynn was potentially compromised. The full testimony is a very interesting (if complex) read, and an important first step for investigative action; now that Comey has been fired, the Senate and House investigations may have more momentum than the FBI investigation.
  • Climate Change Challenge Tanks. Somewhat improbably, the Senate voted against rolling back Obama-era protections regarding methane release this week. Apparently Lindsay Graham, Susan Collins, and John McCain all voted against it! Also, Secretary of State Rex Tillerson signed an international declaration recognizing climate change. I’m honestly not sure how any of this happened, but I’ll take the good news coming in anyway.

And that’s all the news that’s fit to email, at least for now; stay tuned for further developments!

National News Roundup: Week 15 (April 30-May 6)

Last week was like the sun finally emerging from behind clouds — blissfully good news gently warmed us and heralded spring. Then this week happened, and we were back to the frozen fascism tundra. I guess you win some, you lose some.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. I may touch on news I think folks should know that is outside my area as a legal generalist, but if we undertake any offroad adventures I’ll do my best to signal that for you upfront by giving that headline an asterisk. Onward to the news!

The Weird:

The Bad:

  • AHCA Attack. The biggest story of the week is that despite all good sense to the contrary, the American Health Care Act managed to squeak through the House with a mere four vote margin on Thursday. The bill changes a lot of things about the Affordable Care Act, and the change we’re all yelling about most is that it revives ‘pre-existing conditions.’ It’s a rough bill that will drive up health costs and put them disproportionately on aging, disabled, and indigent populations, so it’s not surprising that both the medical community and the Senate appear to barely want to touch it with a ten-foot pole. Also, the Senate has already indicated that it won’t do anything until the CBO has reviewed the bill and estimated costs, so who only knows what will happen when they pick it back up in a couple of weeks.
  • Laughing Will Get You A Year. Activist Desiree Fairooz was criminally convicted this week for laughing during Jeff Sessions’s confirmation hearing; the official charges brought were disorderly conduct and “parading or demonstrating on Capitol grounds.” Also, in case you were curious, the thing that made her laugh was the claim that Jeff Sessions’s record of “treating all Americans equally under the law is clear and well-documented,” so her response is still politer than the one I would have been tempted to give. Fairooz may face up to a year in jail, but the exact sentence will be determined at a hearing in June. The whole thing is so overtly Orwellian that there is a Snopes article about it, and it signals a pretty blatant erosion of first amendment rights of expression.
  • Black Lives Do Matter. This was an incredibly rough week for police fatalities in the black community, between the decision not to charge the officer who shot Alton Sterling and the news of the fatal shooting of Jordan Edwards. News of the latter hits particularly hard because Edwards was a fifteen-year-old boy who was simply leaving a party by car with his brothers when shot. Unlike the Sterling case, however, the officer who shot Edwards has been charged with murder, which is presumably cold comfort for his family.
  • Flint Wins This Week’s Cartoon Villain Award. Apparently Flint, Michigan’s habit of poisoning the drinkable water supply isn’t going to stop the city for billing for its residents for it, which is a sentence I can’t believe I’m even typing. The latest news out of the area is that Flint government put 8,000 people on notice for tax liens for unpaid water bills. If the residents don’t pay a collective $5.8 million in unpaid bills — which, again, they didn’t pay for because the water was so full of lead it was poisonous — the city will begin the process of foreclosing on their homes. There’s so much wrong with that I’m gonna run out of colorful expletives if I start to unpack it, so we’ll move on, but suffice to say that nothing about this is good governing.
  • Autocratic State of the Nation. Amy Siskind’s weekly authoritarianism watch is a miserable, scary slog this week, which is exactly why you should read it — she covers a lot of things very thoroughly that we all need to know.

The Good:

  • Election Rejection Conjecture. The Cook Political Report estimates that as many as 20 House districts have changed likely voting patterns in 2018 as a result of voter displeasure with the AHCA vote. Several other analysts have similar predictions, citing the number of the representatives who voted in favor of the AHCA in districts carried by Hillary Clinton, as well as ordinary voting patterns in midterm elections. Some strategists are going even further, believing that such an unpopular healthcare bill may shape elections generally for the next few years. Which is as it should be, because that bill was fetid garbage with no budget report attached, no commentary period, and some House members are saying they didn’t even read it. People who voted for the thing seriously do not deserve to keep their seats.
  • Bipartisan Budget. Congress negotiated a budgetary plan on Sunday, which successfully passed in both the House and the Senate during the week. The plan looks… well, normal for a Congressional budget plan, which is news all by itself with this administration. There’s no funding for the wall, domestic spending increased, Planned Parenthood funding remains, the EPA’s funding goes down only 1%, and military spending fell far short of Trump’s proposal. Technically Trump could refuse to sign, but it’s not expected at this juncture.

And one last bit of news that defies categorization: Tomorrow marks the (probable) launch of a new project I think is really exciting! It’s designed to help people stay informed, energized, and engaged in civic action, and is being spearheaded by Pat Rothfuss. I’m helping Storm DiCostanzo write the news piece of the puzzle, and there will be a section with suggested actions as well. I think we’re going to put together something great! You can sign up for the newsletter if so inclined at the link.

(Also, this project will have a different focus than the roundup — it’s intended to translate energy into action, and will have more of an overt activism focus than the roundup — so fear not; I am still doing the roundup as well!)


National News Roundup: Week 13 (April 16–22)

After a few weeks of stuttering on a bad news cycle like a scratched CD that nobody uses anymore, we appear to have settled on… a week of dark carnival funhouse mirrors (though the emphasis is definitely more on ‘dark’ than ‘fun’). I guess we’re in a weird news week? Maybe we’re starting the whole thing over. You know what, we haven’t bombed anybody this week, so I’ll take it.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I generally only summarize news in my area of expertise. Somewhat improbably, this week involves no news outside my expertise, so no need to worry about asterisks this time. I can’t decide if it’s good or bad that I don’t need them. At any rate, onto the news!

The Weird:

  • Deported DREAMers and Court Karma. The first DREAMer with active DACA status to be deported brought a lawsuit this week against both CBP and USCIS, and the facts being alleged are as sad as they are alarming. Apparently he left his wallet (and therefore his papers) in a friend’s car, CBP wouldn’t let him get them when they stopped him at a taxi stand, and he was deported within three hours of being detained. For those of you not familiar with the terminology, DACA is a status that is basically a fancy way of saying “we promise not to deport you because you came here as a kid,” so having that status and still getting deported so quickly is… pretty much the definition of a broken promise, and it’s not surprising that the gentleman is suing. What is surprising, and kind of darkly hilarious, is that the case has been assigned to Judge Gonzalo Curiel — and if that name rings a faint bell, it’s probably because Trump put Curiel on the map last year by claiming the “Mexican” judge was a “hater” who couldn’t be impartial on the Trump University case. (Curiel, by the way, was born in Indiana, because being racist and also wrong is pretty much Trump’s calling card.)
  • The Bill O’Reilly Fire. I want you all to know I’m mad that I finally have to write about Bill O’Reilly, which I’ve managed to get out of covering for weeks, but I suppose I can’t be mad about the reason — Fox News finally fired Bill O’Reilly after his giant pile of sexual harassment claims led to massive sponsorship hemorrhage. Proving that fact is stranger than fiction, and also that Fox News likes giving icky people money, he got a $25M severance package at the same time he got the boot.
  • Who’s Number 1 in Number 6? Okay, admittedly like three people reading this will get that Prisoner reference if I’m lucky. But independent of my bad taste in cult classics, the special election in Georgia’s Sixth District, for Tom Price’s old seat, was sadly inconclusive this week — Jon Ossoff fell just shy of the 50% vote needed for a conclusive victory, which means he and Karen Handell are both headed to a June 20 runoff vote. The Sixth District is traditionally very conservative, though, so a 48.1% vote for a Democrat is significant even though it’s not conclusive.
  • Jason Leaves the House. Speaking of elections, apparently House Oversight Committee Chairman and Resident Jackass Jason Chaffetz has announced he won’t be running for re-election in 2018, and possibly won’t even be finishing his current term. I wish I could claim that he’s stepping down in a fit of embarrassed patriotism, given the mounting evidence of collusion with Russia that he kept swearing didn’t exist, but the reality is even stranger: He wants to be a television star. Or possibly governor of Utah. Apparently either one of these is an acceptable goal for a politician who quits mid-term in the post-Trump age.
  • Ubiquitous Unicorn Chasers. In other surreal pop culture news, all the awful things happening in the world have caused people to seek out more literal unicorn chasers, which I can respect even if I also don’t want to put any of those things in my face. Never one to be left out of the action, Starbucks started slopping this Lisa Frank nightmare into a cup, which I’m reliably informed tastes about as good as it looks. Unsurprisingly, it’s already off the menu. Which I’m a bit sad about, because I’m enough of an armchair mixologist to find constantly-changing color interesting, and I wanted to try one. For science.
  • Business Racism As Usual. Trump signed an executive order this week that he’s saying will Make American Businesses Great Again. The practical implication, among other things, is that it limits access to H1-B working visas; it looks like they will eventually mostly only be accessible to highly-educated and specialized workers. What I can’t figure out on this from a casual glance, and will probably examine more closely once we’re done moving house, is where he put the loophole for his own businesses — given how heavily Mar-a-Lago and other Trump resorts rely on immigrant labor, I know he must have left one somewhere.

The Bad:

  • Visitor Throw-down. In what I can only describe as either blatant fascism, abject pettiness, or both, the White House has dug in its heels about refusing to make visitor logs accessible to the public. They have also started closing the sidewalk to the public. Apparently our ‘populist’ Commander-in-Chief really doesn’t want to have to deal with common folk knowing what he is up to. Democrats, meanwhile, have responded by attempting to make the White House release its logs through introducing legislation, which is appropriately named the MAR-A-LAGO Act.
  • Wall Fighting on the Floor. A new form of the AHCA, funding for the fabled Wall the Mexicans Were Going to Pay For, and funding for the existing ACA are all among the things expected to be duked out on the Congressional floor this upcoming week. Trump and Sessions are already loudly announcing that Democrats will have shut down Congress if they don’t agree to fund the wall; in what I’m sure is purely coincidence, literally nobody but Trump and Sessions wants Congress to pay for this wall in the first place. I’m not sure it will actually come to a government shut down, but the sheer brazenness of trying to force all of Congress to pay “for now” is as noteworthy as it is appalling.
  • Trump Trumps Himself. Nothing about this story is surprising, but somehow it has to be seen to be believed anyway — Trump called Turkish President ­Recep Tayyip Erdogan to congratulate him on successfully curtailing the rights of Turkish citizens through a rigged referendum. The State Department, in contrast, noted irregularities in the referendum voting process. The apparent motivation for Trump’s split from the State Department? Trump Tower in Istanbul. By the way, the congratulatory call also gives Trump something in common with Hamas, because that’s a club everybody wants their Islamophobic President to join.
  • The News from France. This has been a very eventful week in France — a terrorist attack on the major boulevard in Paris left people uncertain and on edge, especially as the nation geared up for an election cycle this upcoming week. The favored candidates (both of whom advanced after Sunday’s vote) are centrist Emmanuel Macron and French Trump equivalent Marine Le Pen, and the latter’s xenophobic platform is almost certainly helped by an attack by an Islamic extremist. The voting will continue this week, and I’ll definitely continue to keep folks posted.
  • Sessions Continues to Hate Brown People. Jeff Sessions had a busy week of scaring and deriding brown people, as is becoming his new routine. First he called Hawai’i “an island in the Pacific” (instead of, you know, a recognized state) when trying to insinuate that decisions coming from the 9th Circuit are invalid. Then he followed that up by threatening several jurisdictions he considered sanctuary jurisdictions, for good measure. If I start ranting about this Keebler reject’s twisted views on being a lawyer or a member of the human race, we’ll be here all night, so I’ll courteously conclude this paragraph and move on.

The Good:

National News Roundup: Week 10 (March 26–April 1)

I have to admit, I’m pretty impressed by how much the news just continues to escalate every week — we’re ten weeks in, and somehow I still can’t believe some of what I’m writing in this summary. A lot of major players are galvanizing right now; if our national news were a television show, we would definitely be gearing up for a season finale. Let’s just hope we’re all living in a genre that is at least somewhat kind to its residents.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I generally only summarize news in my area of expertise. Just like last week, this week involves a fair amount of foreign policy news, which is outside my expertise as a legal generalist focused on domestic indigent populations. I hope folks are up for some offroad adventures! (They are signaled with asterisks, and I won’t be offended if you skip over them.) Also, an additional caveat this week: I threw out my back impressively badly on Tuesday, resulting in a hospital visit and a several-day vacation to A Nice Drug-Induced Haze Land Where None of This is Happening. As a result, this week’s news summaries will be a bit less in-depth and I particularly urge you to review supplemental news as well this week. Okay, caveats over. Let’s get this week’s installment of Mad Max: Fury Road in gear!

The Weird:

  • Immigrant Improvements and Sanctuary Showdowns. It’s been an incredibly mixed week for immigrants, both nationally and here in my home state of Massachusetts — I’m including a brief summary of the latter at the end of the news. On the positive side of things, Secretary Kelly has moved away from his threat of separating families at the border, and the odds aren’t looking great on whether Republicans can get Congress to fund the wall. But now that there’s an official report on “sanctuary jurisdictions” (which is to say, governments that aren’t cooperating with ICE demands) in the U.S., everybody’s throwing down over it. Sessions announced that sanctuary jurisdictions will no longer be eligible for Department of Justice grants to assist with criminal law enforcement, an announcement which prompted Seattle to sue the administration (for, what, the third time in two months?). It also caused Bristol county sheriff Thomas Hodgson to opine to Congress that sanctuary jurisdiction elected officials should be arrested, nicely illustrating why so many local people seriously hate that guy.
  • Intelligence Rodeo.* I’m seriously starting to think the ongoing intelligence landscape needs its own roundup, though I’ll summarize best I can: Jared Kushner was tapped to testify about his ties to Russia; the White House is attempting to block Sally Yates from testifying about what she knows; Nunes really did get his info last week from a White House source, which is, uh, not good (and making people call for either his recusal, ethics violation charges, or both); the Senate Intelligence Committee is attempting to pick up the pieces of the stalled House investigation; Flynn offered to testify in exchange for immunity, but the Senate wasn’t having it and the House was noncommittal; and Comey apparently wanted to write an op-ed about the investigation back in 2016 (but was not permitted by the White House to do so, because it was a freaking op-ed). Oh, also, questions being asked about Flynn testifying had Trump so rattled that he left the room instead of signing two executive orders on trade matters (though he did sign them eventually, much to everybody’s disappointment). Also, the exact timeline of the unfolding Nunes saga has been very confusing, so here’s a good summary from the New York Times.
  • It’s My Party and I’ll Tiff If I Want To. In a move that surprises, well, nobody, Trump appears to have more-or-less declared war on the Freedom Caucus that refused to play ball last week, threatening to put them in the same bucket as Democrats. It’s a remarkably poor move from a traditional politics standpoint, and it will be interesting to see what happens on that front long-term. But the Democrats cleaned house this week as well, reminding us that they are a deeply fractured party too.
  • Gorsuch Guessing Game. Schumer has announced that he will filibuster the Gorsuch vote, but two Democrats have already indicated that they will vote for him and McConnell is trying to get Republican senators to go nuclear. The vote got delayed one week on Monday, so this will be an interesting week on this front for sure.
  • I Don’t Want Dinner with You Either, Pence. Mike Pence came up in the news a fair amount this week for announcing that he and his wife have a rule that he doesn’t eat meals with other women without her present. I’ll spare you a lengthy analysis of why this kind of rule hurts women professionally, and simply note that the feeling’s mutual.
  • Leggings Gate. Two teenaged girls were barred from flying on United Airlines this week because the airline said their leggings violated the dress code for “pass travelers.” Yes, really. No, I didn’t know they have a dress code either. At any rate, Twitter was very angry about it.

The Bad:

The Good:

  • MAR-A-LAGO Act. This is more amusing news than good, strictly speaking, but Democrats in the House and Senate have introduced a bill they are calling the “Making Access Records Available to Lead American Government Openness Act.” It would force the White House to reveal logs of visitors at all locations where official business occurs, and why yes, that would include the Mar-A-Lago resort, why do you ask? (The bill is frankly a good idea, with or without the pointed title.)
  • Georgia On Our Minds. The Georgia special election is shaping up to be a very interesting election, with Democratic candidate Jon Ossoff showing a real chance of flipping Tom Price’s old seat. We won’t have concrete news on the election results until April 18 or later, but it’s an interesting race to watch, and I’ll try to remember to circle back in a few weeks.
  • Revitalized ACA. Now that it’s looking less likely that the ACA is going anywhere, several states are revisiting the subject of expanding Medicaid — including Kansas, which should be an interesting showdown between the legislative and executive branches. Unfortunately, that’s the last of the straightforward good news I have on tap this week, though there’s some good schadenfreude for local readers below. If you aren’t local, feel free to read or skip at your leisure, and catch you next week!

Eastern Corridor Corner:

A rash of local news about national issues is prompting a new subsection this week, because boy howdy, did a lot happen here on several fronts:

  • ICE arrested multiple greencard holders in Lawrence this week as they showed up for routine appointments, which is a pretty dramatic change in posture and suggests we may see more aggression from them here in MA in the future.
  • Relatedly, things in Brockton exploded because there was a very widely-spread rumor that ICE planned to raid, which ultimately was announced by a state representative for the area on Facecbook. I don’t believe there was an ICE raid on Thursday, but since raids rely heavily on the element of surprise, this might be because ICE knew it would be hard to round up a wary and forewarned population.
  • Mayor Walsh gave a brief announcement and raised the transgender pride flag over the Statehouse, which was presumably in response to legislation being considered for trans rights but also happened to be when the “free speech bus” that roams the nation spewing hate speech was nearby; and
  • The mayor of Somerville, Joseph Curtatone, publicly called Sheriff Hodgson a “jack-booted thug”’ in response to his statement to Congress, and dared him to “Come and get me”. I admit the whole thing made me kind of miss living in Somerville, but either way, it’s a great way to close out this week’s news!

National News Roundup: Week 9 (March 19–25)

What an incredibly weird week we just had — I’m not even sure what happened for half of it, though that might be because foreign policy is not generally my bag, professionally speaking. That said, I can glean enough to know that this past week was less of a Willy Wonka terrorboat and more of a Six Flags wild mouse, which some weeks is the best we can expect.

Standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I generally only summarize news in my area of expertise. As noted above, though, this week involves a fair amount of foreign policy news, which is outside my expertise as a legal generalist. But it is also important, so I hope folks are up for some offroad adventures! (They are signaled with asterisks, and I won’t be offended if you skip over them.) Also, I can’t claim to make this week’s news make sense even when it was within my area of expertise, though I’m happy to reap the benefits. Okay, onward to the news.

The Weird:

  • James Comey and the Hearing of No Secrets.* So James Comey went firmly on the record about all kinds of bonkers things at his hearing this week, noting that the FBI is investigating both Russian interference in the election and also the Trump campaign’s possible collusion with Russia in the election process (!). (He also said that there was no evidence of Obama tapping Trump Tower, but that feels like an afterthought in light of everything else going on.) The whole thing is admittedly a less interesting read than anything involving a basilisk, but consider reading his two sections of the hearing transcript anyway, because it kind of needs to be seen to be believed.
  • …wasn’t the weirdest intelligence news this week.* That honor belongs to Devin Nunes, who decided to go on record and claim Trump’s story about wiretapping was substantiated with zero evidence. He also bypassed the intelligence committee to go straight to Trump with the news, which he then defended with a half-hearted apology. Then McCain got in on the action to opine that Congress can no longer be trusted to have appropriate intelligence oversight, which was a fun thing to hear the same week Comey announced an investigation into collusion with Russia. Also, later Nunes went back on the story due to lack of evidence.
  • Collusion Betting Brackets.* No lie, I’ve started to see folks put together brackets betting on who is going to end up in prison for high crimes first — probably because there is just so much news on it this week. There’s the week’s latest Flynn bombshell, which involves more-or-less kidnapping enemies of the Turkish state for “covert extredition,” Stone’s knowledge of wikileaks in advance, and Manafort working to aid Putin, then volunteering to share what he knows (presumably in a bid to avoid imprisonment). Also, the leading Democrat on the intelligence committed indicated that he has information on Trump’s direct collusion with Russia, though there are no specifics on that though. Oh, and Flynn didn’t sign Trump’s ridiculous ethics pledge, which barely seems worth mentioning against this kind of larger backdrop.
  • Angela Merkel’s Infinite Patience.* This week’s ridiculousness involved Trump giving her an invoice for Germany’s use of NATO resources, despite the fact that a) Trump famously hates NATO for fun and profit, and b) as Merkel correctly notes, NATO doesn’t work that way. This also happened the same week that Tillerson snubbed NATO for China. Frankly, the only thing surprising about any of this is that Trump could remember what NATO was doing twelve years ago.
  • The Wacky World of the AHChoo Vote. This past week in healthcare was honestly pretty scary while it was happening, but now that it’s over it’s just a big ole bowl of schadenfreude flakes. Basically, both the ultra-conservative Freedom Caucus and more moderate Republicans refused to play ball, which continued throughout the week despite increasingly disturbing attempts to make the AHCA more to the Freedom Caucus’s liking (and Presidential threats regarding consequences). This was in part because constituents made their strong dislike of the bill known, which moderate House members realistically assessed as far more of a threat to their 2018 election prospects. The vote, which was originally scheduled for the seven-year anniversary of the ACA for spite reasons, got pushed back to Friday. Then Ryan pulled the vote on Friday because he didn’t have enough support for the bill to pass (and because Trump essentially made him), saying that “we’re going to be living with Obamacare for the foreseeable future.” And I’m just so broken up about that as a healthcare professional, let me tell you.
  • Gorsuch A Circus. The twenty-hour Gorsuch hearing took a far weirder set of twists and turns than expected, though predicted results are far more…well, predictable. Highlights include the Supreme Court of the United States issuing a decision on 10th circuit precedent during the hearing, Schumer unexpectedly pushing to filibuster, and Gorsuch calling 19th-century lawmakers ‘racists’. Mostly, though, this hearing was a three-day slog where Democrats tried to get an angle on Gorsuch and he didn’t give them one, and also people were generally still mad about Merrick Garland. That said, though, Schumer did ask to delay the vote in light of all of the bonkers collusion news going on elsewhere on the Hill.
  • “I’m President and You’re Not.” I bet you already know that this is a direct quote rather than parody, because by now we’re all used to the Toddler-in-Chief’s outrageous interviews. But, uh, this sure is a thing he said nonironically to TIME magazine this week.

The Bad:

  • Adjusting the Privacy Settings.* The Senate voted this week on repealing an Obama-era Internet privacy rule that went through along party lines — the resolution will pass privacy reins over from the FCC to the FTC and prohibit the FTC from creating the kind of stricter standards for Internet privacy that the FCC had created. The provision still needs to go through the House, though, so we’ll see what happens to it.
  • Brown Bear, What Do You See?* (I see a mean bill coming for me.) Okay, okay, theatrics aside, the Senate also voted this week to permit more aggressive hunting of predators such as bears and wolves in Alaska, permitting them to be hunted aerially and in proximity to their cubs. Unlike the first bill, this one has already passed in the House, which means it will be finalized if/when Trump signs it into law (which he’s expected to do sometime next week).
  • Electronics Travel Ban. Though the travel ban was slapped down last week, immigration experts can tell you that the unpleasantness is far from over. Trump put another travel restriction in place this week, this time specifically on what electronics can be brought aboard flights to and from eight Muslim-majority countries. The ban, however, only applies to foreign airlines, rather than U.S.-owned companies, which is prompting some media sources to speculate it’s not about terror at all.
  • Sanctuary Slamdown. The Department of Homeland Security put out their first report on sanctuary jurisdictions this week, which was a fascinating and informative read on multiple levels. It was issued around the same time that news outlets began reporting that ICE is targeting sanctuary jurisdictions, presumably as part of a two-pronged “embarrass and/or harass into compliance” campaign. (Note: Though Boston is listed in the third section of the report, there are still no reports coming in of ICE raids in this area.)
  • Supremacy Stabbing in NYC. A middle-aged man in New York City, Timothy Caughman, was fatally stabbed this week simply because he was black (and in the wrong place at the wrong time). We know this because the person who stabbed him turned himself into police and told them so. It’s honestly a pretty heartbreaking story, as well as a bellwether of the emboldened hatred this administration has fostered.
  • Your Weekly Authoritarian Recap. Amy Siskind continues to tell you what’s happening in Trump’s America, and this week was a particularly chaotic slog.

The Good:

  • North Carolina Checks Itself (Hopefully Pre-Wreckage). Remember how the governor of North Carolina refused to give up power, and then eventually dramatically stripped gubernatorial power for his successor on his way out the door? In what is apparently becoming the new normal process, the North Carolina high courts called foul on that this week. It’ll be interesting to see what happens next, as a practical matter — particularly because North Carolina has proven such an interesting testing ground in other ways.
  • Special Education win. Though it made the most headlines for its connection to Gorsuch, the case SCOTUS decided this week was fairly big news in its own right! The short version is that it confirms that all schools must provide a meaningful attempt to education children who need special education based on the individual children’s circumstances. This decision is likely to be particularly meaningful for children in public school as we see further changes to the entire system in the upcoming year, so I’m pretty excited about it.
  • They Started Using Singular They: The AP Stylebook is including use of the singular ‘they’ pronoun in its guide moving forward, which is an interesting change from a literary perspective.
  • Big Trucks and Healing Potions. Oh, and speaking of interesting literary devices, Trump also took a break from his busy ACA-killing schedule this week to take photos behind the wheel of a giant truck. Predictably, a new meme was born, and the Internet’s response was pure gold. Between that and the #GOPDnD trend on Twitter, it’s been a good week for memes. And I encourage you to lose yourself in them, because they are hilarious and you’re now done with this week’s news!