Well, another week has gone by, and the news really isn’t any better. I’m sorry to be the bearer of 2022, y’all. Hopefully we’ll get better luck next week.
Standard standing reminders still apply: I am no journalist, though I play one in your inbox or browser, so I’m mostly summarizing the news within my area of expertise. NNR summaries often contain some detailed analysis that’s outside my expertise–I’m a lawyer, not a pardon!–but all offroad adventures are marked with an asterisk. And, of course, for the things that are within my lane, I’m offering context that shouldn’t be considered legal advice. Okay, I think that’s about it for the disclaimers. Onward to the news!
Cleanup in Aisle 45:
As seems to be true every week, there are a lot of Election Rejection updates to report, and they’re full-blown bananas again. Here’s what I have for you:
This was a weirdly quiet week on the Biden Rebuilding front. Here’s what has happened:
Blinking Biden. Other than news about Russia, which I’ll cover below, Biden stories were kind of an afterthought this week. There were, however, a couple of threads about how Biden is mad at his chief health officer, and about a COVID surge in ICE detention facilities. There were also a couple of stories about how Joe Manchin says that Build Back Better is dead, which I frankly feel is almost as much a statement about Biden as it is a statement about Manchin.
Recent Inmate Win. California was in the news this week because the state is closing down its death row, signaling that the state’s moratorium on executions is likely to be permanent. It’s a small step in the grand scheme of things, but honestly this week has been so awful that I’m glad I have anything good to report at all.
So that’s what I have for this week, and I’m sorry, there are no news refunds. For making it through, you deserve this snow-loving mop as well as a more consistently improved government. I’ll be back next week with more restructured and improved news, and I hope you will be back as well–but in the meantime, feel free to ping the National News Roundup ask box, which is there for your constructive comments. Send me questions! Send me feedback! Send me your hope for a functional water heater!
Standard standing reminders still apply: I am no journalist, though I play one in your inbox or browser, so I’m mostly summarizing the news within my area of expertise. NNR summaries often contain some detailed analysis that’s outside my expertise–I’m a lawyer, not a COVID test!–but all offroad adventures are marked with an asterisk. And, of course, for the things that are within my lane, I’m offering context that shouldn’t be considered legal advice. Okay, I think that’s about it for the disclaimers. Onward to the news!
Cleanup in Aisle 45:
As seems to be true every week, there are a lot of Election Rejection updates to report, and some of them are even promising. Here’s what I have for you:
2024 Election Rejection News. Though it’s depressingly early for this nonsense, we’re also already seeing a lot of concerning groundwork for 2024. The biggest story is that the RNC is now refusing to work with the org that runs Presidential debates because the latter refuses to make various changes to the format per Republican demands. Lindsey Graham also had a soundbite on Fox News this week about how he won’t support McConnell anymore as Senate leader unless McConnell “ha[s] a working relationship with President Donald Trump,” referring to Trump in the same interview as “the leader of the Republican Party.” This is an incredibly striking thing for a sitting senator to say about his own congressional leader, but it’s even more disturbing in context–Trump has been out of office for over a year, and has not even formally announced plans to rerun. (I’m not gonna lie, I had to double-check the date of that article before linking it, because it reads like a 2019 fever dream.)
We did also see a bit of progress on the Biden Rebuilding front. Here’s what has happened:
So that’s what I have for this week, and I’m sorry, there are no news refunds. For making it through, you deserve this Shiba Inu food critic as well as a more consistently improved government. I’ll be back next week with more restructured and improved news, and I hope you will be back as well–but in the meantime, feel free to ping the National News Roundup ask box, which is there for your constructive comments. Send me questions! Send me feedback! Send me wind right here in a jar!
COVID news has center stage for yet another week, with everybody trying to make sense of this latest chaotic surge. We have more information on some things, and less on others, but I’ll do my best to boil it down for y’all.
Standard standing reminders still apply: I am no journalist, though I play one in your inbox or browser, so I’m mostly summarizing the news within my area of expertise. NNR summaries often contain some detailed analysis that’s outside my expertise–I’m a lawyer, not a subpoena!–but all offroad adventures are marked with an asterisk. And, of course, for the things that are within my lane, I’m offering context that shouldn’t be considered legal advice. Okay, I think that’s about it for the disclaimers. Onward to the news!
Cleanup in Aisle 45:
As you might expect on the one-year anniversary of January 6, there are a lot of Election Rejection updates to report. Here’s what I have for you:
Black Lives Still Matter. Sentences were released this week for the Ahmaud Arbery murder trials, and all three men were sentenced to life in prison. Notably, the judge asked the courtroom to sit in silence for one minute before releasing the sentences, noting that it was only a fraction of the five minutes that Arbery was running for his life. This sends a powerful message regarding white supremacist murder, and one that our country obviously still needs.
So that’s what I have for this week, and I think we can agree that it’s more than enough. For making it through, you deserve these puppies’ first grooming session as well as a more consistently improved government. I’ll be back next week with more restructured and improved news, and I hope you will be back as well–but in the meantime, feel free to ping the National News Roundup ask box, which is there for your constructive comments. Send me questions! Send me feedback! Send me more hours in the day!
All three of this week’s major stories are exceptionally bleak, and the news has been a slog for months. That creates predictable struggles–we’re all running out of steam, but we’ve got swaths more to iron out. It’s okay if you need some time to regroup; the burnout struggle is very real. The NNR and I will be here when you get back.
Standard standing reminders still apply: I am no journalist, though I play one in your inbox or browser, so I’m mostly summarizing the news within my area of expertise. NNR summaries often contain some detailed analysis that’s outside my expertise–I’m a lawyer, not a House panel!–but all offroad adventures are marked with an asterisk. And, of course, for the things that are within my lane, I’m offering context that shouldn’t be considered legal advice. Okay, I think that’s about it for the disclaimers. Onward to the news!
Cleanup in Aisle 45:
There’s more Election Rejection to report this week, and it’s still all over the map. Here’s what happened this week:
So that’s what I have for this week, and I’m sorry, there are no news refunds. For making it through, you deserve this wildlife social hour as well as a more consistently improved government. I’ll be back next week with more restructured and improved news, and I hope you will be back as well–but in the meantime, feel free to ping the National News Roundup ask box, which is there for your constructive comments. Send me questions! Send me feedback! Send me warm socks because this apartment is cold!
The name of the game this week is ‘toxic weirdness,’ because we’re looking at a week that is deeply wild even by our current low standards. A lot of the strange stuff is also very, very damaging, so it’s worth paying close attention and discussing how to respond. (Except for Paul Ryan’s car getting eaten by woodchucks, which is just hilarious.)
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’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, not a bitcoin — 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:
This week, all the Casual Disregard of Governing Norms was seriously on steroids — there’s a lot going on, and almost all of it is off-the-wall intense. Here are the main things to know:
SCOTUS Scouting, Part II. Trump announced last Monday that he was tapping Brett Kavanaugh as his next pick for the Supreme Court, though Justice Kennedy will remain in the seat until the end of the month. And while the whole selection process was strange, over the course of last week this entire story got way stranger. Though Kavanaugh’s credentials look fairly traditional on paper, news outlets began to report that Kennedy retired in exchange for his former clerk’s nomination — and that’s a serious problem if true, both because Supreme Court justices aren’t supposed to be able to pick their replacements and because it has major implications for cases like Trump v. Hawaii. And on top of that story, news hit that Kavanaugh had hundreds of thousands of dollars in credit card debt as recently as 2016, but that debt inexplicably vanished in 2017 — despite no changes in his salary or job status. So while all we have are some sketchy-looking pieces of a much larger jigsaw puzzle, they’re not exactly painting a pretty picture.
Further Erosion of Actual Law and Order. This was not a great week for due process or law enforcement, I tell you what. First Trump pardoned two ranchers convicted of arson, who just so happened to also have sparked an armed occupation of a federal park when they were convicted back in 2016. But surely that’s not relevant to his decision to pardon them. After all, if you look at all of Trump’s pardons from the past year or so, the majority — Scooter Libby, Joe Arpaio, Dinesh D’Souza, the Hammonds — it’s not like he’s systemically issuing pardons designed to erode rules of law for targeted crimes such as ignoring court orders, perjuring oneself in court, and committing campaign finance fraud. Oh wait, no, it’s the other thing, where Trump is definitely doing that. And the same week, a DoJ attorney claimed in court that Guantanamo Bay could legally hold the same prisoner for a hundred years without ever charging them with anything. So it’s just been raining observed legal procedure all around this week.
California DA Calling for Crime. A California District Attorney was suspended this week for, among other things, insinuating that sitting Congresswoman Maxine Waters should be shot. Folks, I need to unpack this a bit to explain why it’s so toxic that it merits going in the Constitutional Crisis corner, because it definitely does: A man who upholds and enforces criminal laws for a living — a government official in a profession that requires upstanding behavior at all times, I might add; you are expected to behave as an attorney 24/7 when you pass the bar — just advocated murdering his own sitting federal representative and he didn’t get fired for it. This indicates that in a lot of places, on local as well as federal levels, something is very, very wrong.
Strzok Shouting Match. Former FBI staffer Peter Strzok testified before Congress this past week, but it didn’t exactly go well — though he had a clear message, which seems more-or-less borne out by time, the hearing devolved into shouting matches several times. All in all, I’m inclined to agree with Strzok’s assessment that the whole thing was just pageantry, but just the fact that the GOP and an FBI staffer were yelling at each other really shows how much our government has changed in the past few years.
The Russia Investigation was hyperactive, too — after a couple of relatively quiet weeks, it feels like a lot of things are happening at once.
Manafort Goes to Regular Person Jail. Paul “I Got Sent to Jail for Witness Tampering” Manafort was apparently not in an especially secure or strict pretrial detention center, because first he complained about being two hours away from his lawyers — but when a transfer was granted, he then complained about being transferred away from his “VIP” detention center. And having read details about his prior detention center, I can see why he didn’t want to leave; incredibly, he had his own phone and laptop and was sending his attorneys emails. What I can’t understand is why he was complaining about anything involving his setup when he clearly had optimal conditions to rack up another witness tampering charge. At any rate, since he’s now more able to go through all of the documents with his attorneys for eight hours per day — again, a thing he wouldn’t ordinarily be easily able to do — we can expect his state charges to go forward soon.
Your Data is Likely to Get Eaten by a GRU. Okay bear with me folks, because this is technical and long and out of my lane but also really important. Mueller’s team released indictments for twelve Russian officers of a foreign intelligence agency called GRU, which is basically the hacking arm of the Kremlin as far as I can tell. These individuals’ units used spearphishing to get data from the Clinton Campaign as well as the DCCC and DNC networks in a coordinated attack — one that Putin pretty much definitely knew about, and probably ordered. Incredibly, the indictments note the first instance of hacking Clinton’s emails “on or about July 27, 2016,” which — super-coincidence! — is also the same day Trump told Russia to hack Clinton’s emails. GRU then used false identities to disseminate all the information they scooped out of Democrat computers, reaching out to the Trump campaign under an alias and reportedly fielding at least one GOP candidate’s request for dirt on their opponent before sending the info along to “Organization 1,” which I’m pretty sure was Wikileaks. The charges in the indictment include Conspiracy to Commit an Offense Against the United States, Aggravated Identity Theft, and Conspiracy to Launder Money, so it will be interesting to see what happens from here to say the least.
Stormy Daniels Is Arrested For… Things? Stormy Daniels was arrested in a strip club in Ohio for allowing ‘touching’ while dancing, only to see the charges dropped the very next morning. There’s a lot I don’t understand about this story — why did she even have a two-night gig dancing in Columbia, Ohio? Why were they sending undercover police officers to watch her dance in a sting operation? What was even happening here? But if it’s more than a blip I’m sure Michael Avenetti will tell us all about it, in excruciating detail, so I’ll keep you posted.
Which Man’s Car Would a Woodchuck Eat (If A Woodchuck Could Eat Cars)? Paul Ryan apparently got back to his home in Wisconsin and discovered that a family of woodchucks had eaten his car while he was gone. Though, as CNN notes, Paul Ryan hasn’t driven himself anywhere in three years, so this might not have even been the work of contemporary woodchucks. (But either way, somewhere an antifa Disney Princess is singing the best protest song to her woodland friends.)
Nonbinding Senate Tariffs Resolution. The Senate opted to make its voice heard about Trump’s tariff habits this past week, passing a resolution saying that he shouldn’t be able to do that unilaterally anymore by overwhelming majority. Unfortunately for all of us, probably including Trump, it’s not a binding resolution. And though it does technically send a message to Trump, he’s proven himself so uninterested in what anyone who isn’t him or Fox News has to say that it’s not likely to do much. But at least the sentiment is vaguely edifying.
The Bad:
ACA Freeze. Possibly in response to reports of its relative strength, the Trump administration meddled with the ACA again, freezing billions in payments and claiming the action is in response to a February court case. The freeze may seriously mess up risk adjustment, which is a pretty popular aspect of the program — unsurprising, because this always seems to happen to the popular aspects of the program — but we’ll know more after a court case heard in late June comes back with a ruling.
And that’s the news this week, and good job and my condolences for making it through the whole thing; your reward is David Tennant with some muppets and hopefully an eventual better government. I’ll be back next week, and I hope you will be too. In the meantime, feel free to ping the National News Roundup ask box. Send me questions! Send me feedback! Send me your color commentary on what the heck!
Ernest Blaikley [Public domain], via Wikimedia Commons
The news this week is an exercise in information overload, and most of it is utterly inane and/or terrible. There’s so much information, in fact, that I’m bending my rules slightly and kicking some of the more minor stories out a week in an effort to make this a more manageable maze. I’ll do my best to guide you through it, but bear with me folks; this will be a long one.
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’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, not a color guard! — 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:
This was another week with a metric ton of news on All Things Russia, and most of it is absolutely wild in one way or another. Here’s a nuts-and-bolts summary:
Trump is the World’s Worst Client. In will-he-or-won’t-he-interview news, Trump keeps claiming he wants to talk to Special Counsel Robert Mueller, despite increasingly inventive attempts at persuasion otherwise from friends and the poor schmoes tasked with representing him. But the likelihood is high that he can’t avoid it anyway, given the legal precedent set by the Supreme Court when Richard Nixon tried to weasel out of providing a copy of his infamous tapes. The best his beleaguered counsel can probably do is set the form of questioning — so they may end up stuck handing him a pen and hoping for the best.
The Amazing Bouncing Dow.* It’s been a very strange week for our economic markets, folks. First the Dow dropped over 1,000 points last Monday, only to gain about half of that back and then drop another 1,000 points on Thursday. The drops are historic in terms of sheer numbers, though the Dow had grown so large that they were less significant in percentage — but they still total nearly half the growth the Dow has experienced since Trump took office. As I understand it, market correction like this isn’t necessarily a bad thing, but it might mean a serious drop soon, particularly because the conditions mirror those preceding a 24% drop in 1987. At this stage, it’s probably too early to tell, though many analysts are likely more adept at reading these particular tea leaves than I am.
Benefits Beatdown. Trump’s disturbing budgetary vision statement has a lot of people worried about a lot of potential policy changes for public benefits. In addition to the public charge issue outlined above, there’s also a threat to create a work requirement for public housing (which happened fairly recently with Medicaid, and also with food aid, making this a very realistic possibility). There’s also a threat of creating lifetime benefit caps for Medicaid recipients, which is both a terrible idea and similarly plausible, and a threat to remove food choices from SNAP recipients. Advocates and activists in both housing and health fields are bustling, and I’m sure I’ll have more information and suggestions soon.
Unhealthy Healthcare. There was a lot of messed-up health news this week, so it’s as good a time as any for a summary. Trump nominated his current deputy chief of staff to be our new drug czar (yes, that’s a real title), continuing his weird trend of promoting his own staff to executive positions. Unfortunately, the man’s qualifications (other than “loyal to Donald Trump”) have yet to be seen — literally the only experience the man has regarding drugs is prosecuting people over them, and Trump’s moving the position’s oversight to the Department of Justice, which is a really bad sign. And speaking of prosecuting, there’s now a probe into insurance giant Aetna’s claim processing practices after a former medical director admitted under oath that they didn’t review medical records when denying claims — basically the industry equivalent of driving through town with your eyes shut and letting intuition tell you when to turn left. But, on the plus side, Purdue Pharma (purveyor of OxyContin, though you’re excused for thinking of basketball or chickens) has announced it will stop promoting opioids in light of the current epidemic — definitely because people are dying, and not because of the several state and municipal lawsuits filed to make them stop. And the Trump administration may or may not tackle rising drug prices. And last but not least, though you probably knew this already, the flu is uncommonly awful this year (but please get a flu shot anyway!).
The Good:
Nancy Pelosi Podium Adventures.* House minority leader Nancy Pelosi spoke for over eight hours on the House floor this week, using her position to create a makeshift filibuster over the lack of DACA progress. In the end, she ran out of things to say, but she did apparently set a new record for time on the House floor — and more importantly, she signaled to all of us that she was keeping Dreamers on her radar. Here’s hoping that translates to some kind of action in the next few weeks.
New Obama Portraits.* Continuing a contemporary tradition, the National Portrait Gallery unveiled portraits of Barack and Michelle Obama this week. Both of the Obamas picked their own artist for their respective works, resulting in striking and complementary but distinct styles for each portrait. Kehinde Wiley, who created Barack Obama’s portrait, set him in a garden scene full of flowers symbolizing his birthplace, his ancestry, and his political home. Amy Sherald, who created Michelle Obama’s portrait, painted her in abstracted form on linen instead of canvas. Both portraits are beautiful examples of African-American artistry.
Teamster Sanctuary. About 120,000 Teamsters in New York are organizing to become a “sanctuary union,” giving its members complex training designed to make them certified immigration badasses who know both their rights and everybody else’s. The decision follows an earlier resolution not to assist ICE in rounding up their members, but reflects a decision to escalate after one of their members was deported with no criminal history and green card applications pending.
For once, that isn’t all the news I have for now, but there was just too much of it for me to dump over your heads, Dear Readers. Here’s hoping next week is better, or at least quieter, though with this administration it’s anybody’s guess. At any rate, I’ll see you all soon!
You know how sometime in the last few months, there has probably been a point when I have said “comfort food at the ready” and then you read the news and thought “Wait, that wasn’t so horrible, maybe I’ve become inured to the true terribleness of our situation by my cocoon of low expectations”? This week, I am sad to report, will not be that week — it’s less “comfort food at the ready” and more “Sorry your friend Lando Collins sold you out but at least the carbonite makes the hurting stop.” If you get a moment, I really recommend reviewing materials on trauma resilience, emotional first-aid, and self-care this week.
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’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, but not the merger kind! — 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:
This week saw multiple really big stories on Russia Collusion Investigation front, though what will result from them remains to be seen. Here are the two main highlights:
Manafort Released. Mueller’s team agreed to Paul Manafort’s release pretrial at the beginning of the week, removingprovisions requiring GPS monitor and limiting domestic travel. Although four properties valued at $11.46M have been offered as collateral, that doesn’t seem to much reduce flight risk of a guy with a net worth estimated over $50M. It was a move that baffled and infuriated me until the end of the week, when we suddenly got more context about what was going on with Flynn.
State Department Speculation.* Rumors circulated this week that Trump was about to oust Rex Tillerson as Secretary of State and replace him with Mike Pompeo. (Pompeo is currently the head of the CIA, but the plan apparently also involved replacing him with Arkansas senator Tom Cotton.) This type of change would be what we in the legal field like to call “abjectly terrifying,” given the current delicate situation with Korea and both men’s reputations for being war hawks, and it also evidences a disturbing trend of normalizing Trump’s habit of ignoringCabinet appointment procedure. But for now, both Trump and Tillerson are saying that no changes are imminent, and Tillerson made it through a potential Friday Firing intact for the time being. So I’m not quite sure what’s happening from here, but I’m going to keep my fingers permanently crossed that it doesn’t involve Secretary Pompeo.
CVS Bought Aetna. Yep, you read that right. CVS (as in the pharmacy convenience store chain) just agreed to buy Aetna (as in the health insurance company). I honestly have no idea what this even means; nobody in pharma has ever successfully bought the health insurance provider before. It’s possible it will lower healthcare costs, like the company says; it’s also possible that this will lock out competitors and make prices skyrocket. Maybe it will create porcine flight technology. I have no idea, y’all; this is really weird.
An Australian Proposal. During a floor debate on codifying same-sex marriage in Australian Parliament (which was passed by referendum recently), an Australian lawmaker proposed to his long-term partner, who was watching from the gallery. The Australian House says this is the first time a marriage proposal of any type has happened on the floor, and it’s pretty cool that the first time it happened was in this context! Also, I want to live in a country where the Deputy Speaker’s response to something like this happening on the floor is “I should note for the Hansard that that was a yes, a resounding yes.”
AMT Owed. I’m not yet sure if this counts as good, or just hilarious, but New York Magazine reported today that the Senate accidentally screwed up a really major provision of the Tax Reform bill they just passed — which means the House can’t vote on the bill as-is without seriously angering donors.More specifically, here’s what apparently happened: An older version of the bill abolished the corporate Alternate Minimum Tax entirely, but in order to court hold-outs McConnell had to add a lot of expensive provisions. Since the bill can’t add more than 1.5 trillion to the debt in order to use the reconciliation process (and avoid a filibuster), one of the drafters put the AMT back into the draft. Only problem is, they forgot to lower it at all even though the whole point of this exercise was to create tax breaks, so they lowered the regular tax rate to 20% and then set the minimum tax rate at 20%! Obviously, going back to the drawing board means more opportunities to get moderate Senators and House members off-board. But even if we don’t see major gains from this, it’s still some good, good schadenfreude.
And that’s what I have this week — I’m super sorry about it all. But maybe Lando Collins will join the Rebel Alliance by Episode 6, if we can hold on that long…
By Florian Prischl (Own work), via Wikimedia Commons
Well folks, we managed a long stretch without an actual true Bad News Cycle, so I suppose we were about due — but that doesn’t make it suck less. Comfort food at the ready, y’all. This is a rough one.
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’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, but not the merger kind! — 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:
Not a lot happened on the Russia Collusion Investigation front this week, but there are a few rumors:
Merger Management.* The Department of Justice filed to oppose a merger between ATT and Time Warner this week, which is commonly believed to be a retaliatory action motivated by the fact that Time Warner owns CNN. This is a really weird move, to say the least, and it will be very interesting to see what courts do with it.
Trump Foundational Issues.* The Donald J. Trump foundation made the news this week because it’s attempting to wind down after admitting to self-dealing last year. There’s just tiny flaw in this plan: It’s not allowed to do that, because it’s under investigation. In fact, since Trump first announced an intention to wind down the nonprofit after investigation had been announced, it seems pretty likely that the investigation is why it was winding down in the first place. So that’s not sketchy at all.
Competing Commission Heads. In a surreal move I’m honestly surprised hasn’t happened before, Trump named current White House Budget Director Mick Mulvaney as the acting director of the Consumer Financial Protection Bureau. This was, however, a few hours after the departing director of the CFPB promoted his chief of staff to deputy director and said she would be the acting director. Under the law that created the bureau, Dodd-Frank (which Trump has been trying to neuter for half a year now), the director chooses their own interim replacement. But the Department of Justice is arguing that another law generally authorizes the President to fill interim federal positions, so CFPB-led pick Leandra English is suing to stop them. Either way, the whole thing is surreal and disturbing. Welcome to 2017, where the laws are made up and the cases don’t matter.
Haitian TPS News. In what I can only describe as an ambiguous move at best, the Department of Homeland Security announced this week that it will extend Haitian TPS for another year and a half, but then end it permanently in July 2019. This leaves about 57,000 Haitian nationals here in the United States scrambling to figure out a plan; since Haiti is still lacking a lot of infrastructure and having significant public health issues, many may not want to return immediately (if at all). The decision is particularly confusing because eighteen months is an unusually long time to wind down a TPS program — but it’s a common extension window. All in all, it’s a very mixed decision for relevant immigrant populations, and it adds tension to populations awaiting a TPS decision in the near future (such as people from Honduras and El Salvador).
CHIP’s Still Down. Congress still hasn’t extended CHIP, which expired on September 30 while everybody was fighting about the ACA. As a result, forty-two states are facing a difficult situation, and twelve states will run out as soon as next month. I honestly cannot overstate how appalling it is to still have no solution for the situation nearly two months after it first arose — it’s rooted in simple negligence, not controversy, and there are nine million children receiving health insurance through the program nationwide.
DeVos’s Proposed Civil Wrongs. Betsy DeVos is considering several changes which would limit the scope of discrimination investigations in schools. The major highlights of the draft include directing investigators not to look at systemic issues, granting schools ultimate authority to dismiss cases,and removing the appeals process. So, you know, basically all the parts that would which make it a civil rights investigation at all. On the plus side, the draft won’t be finalized until next year, so there’s plenty of time to call and complain repeatedly.
The Good:
New Orleans Mayor. LaToya Cantrell was elected the first female mayor of New Orleans this week, an exciting milestone for a city over 300 years old. Cantrell will be a sitting city council member until May, and has been an activist in the area since Hurricane Katrina in 2005. This is a welcome form of progress in an otherwise difficult week.
And that’s what I have this week — sorry, no take-backs. Here’s hoping you stay your preferred level of engaged and enraged until we meet again next week!
Ernest Blaikley [Public domain], via Wikimedia Commons
Well, okay, this week wasn’t the worst we’ve ever seen — but it’s been a deeply surreal (and intermittently horrifying) week nonetheless. Between two deadly attacks in New York and Texas, the ill-advised DNC infighting, and the GOP Tax Cut Opus, we’re sort of cruising along on the Why Is This Reality Highway. But that’s better than stewing in Darkest Timeline juices literally all week, so I guess I’ll take 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’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, not a tax person! — 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:
For a second week in a row, the Russia Collusion Investigation remains the biggest news of the week. We saw a lot of different interrelated developments:
Sessions Probably Caught in Perjury (Again).* It’s a sad state of affairs when we’re discussing the Attorney General’s second instance of lying to a tribunal, but here we are. Sessions said repeatedly under oath that he had no knowledge of anyone on the campaign meeting with Russian officials, but George Papadopoulos testified that he had let Sessions as well as Trump know — and Trump apparently tweeted photos of that meeting at the time that it happened, so we know all three individuals were present. And yet another foreign policy adviser, Carter Page, testified that he met with Russian officials as well. Unsurprisingly, Senate Democrats want to interview him again given this week’s bombshells.
And of course, we also saw several Threats toHuman Rights this week:
Divergery Lottery. Despite barely being able to pronounce the program, Trump had a lot to say about the Diversity Visa lottery program this week after a terrorist attack in New York City. In a tweet that literally CCed Fox and Friends, Trump announced that he “wanted merit-based” immigration instead of “democrat lottery systems.” This reflects a, shall we say, imperfect understanding of how the diversity visa system actually works; the program underpinnings were created in the 1960s in response to older quota systems and the system does have rigorous vetting already built into the process. Also, and most importantly, Trump can’t scrap the current diversity lottery program because it was created by Congress twenty-seven years ago (which, by the way, was during a Republican majority and a Republican presidency, not that it matters). Presidents don’t have constitutional authority to scrap laws created by legislatures, however much they might pretend otherwise.
Disturbing “Justice” Statements. Trump also had a lot to say about people’s criminal defense rights, by which I mean he thinks nobody has any. He wanted the suspect of Tuesday’s terrorist attack, a lawful permanent resident of the United States who committed crimes on United States soil, sent to Guantanamo Bay because — and I quote — “we … have to come up with punishment that’s far quicker and far greater than the punishment these animals are getting right now” (emphasis mine). I sincerely hope everyone reading this is already aware, but any time a formal statement from public officials involves calling human being ‘animals’ it is not a great sign for civil rights. After he walked that one back, Trump moved onto saying that the suspect in custody should be put to death, which is troubling on multiple fronts because the suspect hasn’t had a trial yet (and, ironically, Trump’s statements might make it harder for prosecutors to do their jobs). All these statements are, of course, on top of the various other fascist things Trump has said in this week and past weeks, which include everything from trying to block the Russia investigation to demanding criminal investigation of political opponents. It’s… not a great look for any administration, let alone one with a 59% disapproval rating.
‘Give Me a Lawyer Dog’. Trump’s blatant disregard for our justice system is made even more concerning by a slip opinion concurrence from the Louisiana Supreme Court this week; the concurrence was on a decision to not to hear the case, so this was presumably this judge’s way of getting his $0.02 in even though the court wasn’t going to write anything with legal value. The concurrence stated that a defendant saying “Give me a lawyer, dog” did not count as invoking his sixth amendment right to an attorney because — and I quote — “defendant’s ambiguous and equivocal reference to a ‘lawyer dog’ does not constitute an invocation of counsel.” Though in this particular instance there were repugnant charges involved, I seriously cannot stress enough how little that should matter when we’re discussing someone’s constitutional right to ask for an attorney while answering police questions. And claiming that he might have been asking for a canine who has passed the bar is just insulting to the rest of us; it’s like the judge isn’t even trying to hide that he’s giving the questioning officers blatant cover. Do you want a police state, Louisiana? Because this is how we get police states.
Your “Normal” Weird:
DNC vs HRC. Okay, y’all. We have multiple major elections this upcoming Tuesday, including two gubernatorial races, and the Virginia race in particular is reported to beparticularly closeand nasty. So hopefully the DNC is mobilizing to support the Democratic candidates who are running in these important interim elections, right? LOLNOPE, they’re too busy erroneously crucifyingHillary Clinton because she formed some fundraising committees with the DNC and may have therefore gotten strategic advantage in 2016! Because that super matters over a year later, and our fascist administration definitely won’t latch onto thatto call for the arrest of people you later announce are law-abiding citizens after all. Thanks, Donna Brazile! Maybe you should let Tom Perez take things from here.
Rick Perry’s Strange View of Lightbulbs.* Rick Perry made the baffling claim this week that fossil fuels help with sexual assault because of the “light that shines. . . [of] righteousness” on the act. Though he was specifically talking about power in Africa, and there is some evidence to suggest that bringing power to developing countries can lower instances of assault, that still doesn’t explain why fossil fuels would be better or more tenable than other forms of electricity. As my researcher put it: “I guess if conservatives think that fossil fuels shine with the light of righteousness, that explains a lot about why they prefer it over greener energy.”
Mercy, Mercer.* News broke this week that business tycoon and Trump patron Robert Mercer is stepping down from his hedge fund and selling his share in Breitbart News. Though this likely at least in part due to increasing investor discomfort with supporting an actual white supremacist, it may also have something to do with the $6,800,000,000 the company owes the IRS in taxes (and that’s not a typo; yes, that number really does say six point eight billion). At any rate, it will be interesting to see what other shoes drop from Renaissance from here.
The Bad:
Violence in New York and Texas. This week saw two instances of mass murder in the United States, killing over 30 people total. On Tuesday afternoon, a man in a rented truck plowed into a crowded Manhattan bike path, killing eight people and injuring eleven more seemingly at random. ISIS eventually claimed credit for the attack, but ISIS would claim credit for an F line signal delay if they thought New Yorkers hated it enough, so who knows whether they were actually involved. (Trump nonetheless is threatening them like they were involved, and also initially threatened to send the suspect to Guantanamo Bay). Further compounding this tragedy, on Sunday morning, a suspect walked into a small Southern Baptist church in Sutherland Springs, Texas and opened fire on praying congregants, killing twenty-seven people and injuring over twenty more. (The suspect was later found dead three or four miles away, and police are currently investigating whether the wounds were self-inflicted.) Though the New York attack is being attributed to terrorism, the Texas attack appears to be rooted in domestic violence, as the perpetrator’s wife’s family attended services there and had been previously threatened by the gunman several times.
CHIP On Our Shoulders. The House did pass a bill funding the Children’s Health Insurance Program this week, but it has a lot of issues and the Senate is having none of it. More specifically, the bill is yet another attack on the ACA; it creates funding for CHIP by shortening the grace period for ACA enrollees and dipping into an ACA public health fund. It seems likely that the Senate will come up with a different plan entirely, but this of course creates uncertainty again for the CHIP program — and in the meantime, nearly nine million kids may or may not run out of funding for their healthcare. So that’s not awesome, to say the least.
The Good:
MA Bans Bump Stocks. My home state of Massachusetts made the news this week by passing the nation’s first law banning use, sale, and ownership of bump stocks, which were used in the Las Vegas shootings to turn semi-automatic weapons into makeshift automatic firearms. Though I’ll be the first to acknowledge that Massachusetts gun laws create some unique prosecutorial issues and are far from perfect, I also feel strongly that no one should have the capacity to build their own automatic weapons, so I’m pretty okay with this development.
Feeding Puerto Rico. Chef José Andrés, who leads a food security activist group called World Central Kitchen, has been undertaking extensive efforts to make sure Puerto Ricans have food. At the time that I write this, Mr. Andrés’s kitchen network has served over 2.3 million meals and sandwiches to the residents of Puerto Rico in a four-week period — which would be a very impressive number even without the power issues present there. The organization relies heavily on food trucks for door-to-door distribution, bringing food to remote locations on an island with damaged infrastructure. Efforts are now winding down, but presence will remain on the island in more remote locations for the foreseeable future.
Rogue Twitter Folk Hero. A random and recently-let-go Twitter employee won hearts this week by deleting Trump’s account on their way out the door, though it took Twitter quite some time to admit that — they initially chalked the issue up to “human error.” Predictably, Trump’s followers were incensed and the rest of Twitter had a field day. If I ever have occasion to meet this employee, I’m totally going to buy them a thank-you coffee.
And that’s what I have this week. We could go on either direction from here, and I personally am going to keep fingers crossed for a better news week next week. But in the event that it’s terrible, I’ll still be here, snarking all about it!
Happy Manafort Monday, y’all! But don’t let the name fool you, because the real news of the week is that I got you news of an unsealed Papadopoulos conviction for Halloween. I super hope you like it, because we have a strict No Return policy here on game-changing secret convictions.
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’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, not a uranium miner! — 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:
The Russia Collusion Investigation is, without a doubt, the biggest news of the week:
Mueller Indictments Monday. The first two indictment lists have been issued to former Trump campaign staffers Paul Manafort and Rick Gates, totaling twelve indictments between them (mostly relating to money laundering and tax fraud). Both Manafort and Gates have turned themselves in and pled not guilty on all counts. (Fun fact: Manafort is actually facing investigations on three differentfronts right now.) But the biggest news of the day is that former foreign policy adviser George Papadopoulos secretly pled guilty a few weeks ago, and both the charges and the deal are really, really significant. The charges were lying to the FBI about collusion with Russia — I believe the words “dirt on Hillary Clinton” literally appear multiple times in the documents. And the plea deal itself provides that “the Government agrees to bring to the Court’s attention at sentencing the defendant’s efforts to cooperate with the Government, on the condition that your client continues to respond and provide information regarding any and all matters as to which the Government deems relevant” (emphasis mine). In other words, “as long as he tells us literally everything we’ll make sure he never goes to prison.” Manafort may be the bigger name, but Papadopoulos is the bigger story for today. (If/when Mueller manages to flip Manafort, though, that will definitely change.)
Uranium What Now?* In a (probably vain) attempt to distract from news that Mueller was about to announce indictments, the Trump administration began trying to claim that actually Hillary Clinton was colluding with Russians during the 2016 election (not Trump). As far as I can tell, this involved conflating the fact that the Clinton Foundation received a donation from some people who are tangentially tied to a uranium mining company and the fact that Bill Clinton was once paid by Russia for a speaking engagement in Moscow. It’s all… pretty flimsy at best. I recommend reading the Washington Post demystification article, because the whole thing is attenuated and ridiculous.
Bill Browder Appreciation Hour.* The other Russia-related news of the week is that Bill Browder,a famous critic of Putin’s human rights abuses who disclosed the horrors that led to the Magnitsky Act,was briefly barred from the United States this week. Though he had originally been granted a visa application, U.S. officials revoked it when Russia had him placed on an Interpol list — and yes, that would be the same Russian officials on whom Browder is famous for blowing the whistle. Browder did eventually get his visa reinstated, and the administration is maintaining that the first decision was an automatic response to the listing. But since it was changed after a massive bipartisan outcry, it’s hard to tell if that was accurate. At any rate, it appears to be mostly fixed now, and it’s probably a good thing that happened before the Mueller news broke.
And honestly, the Russia news can’t come soon enough, because we also saw more Threats toHuman Rights this week:
“An Immoral Travesty.” That is how Diane Feinstein described Customs and Border Patrol’s actions regarding a ten-year-old girl with cerebral palsy, and she frankly isn’t wrong. The story has gained national attention for its extreme facts: CBP stopped an ambulance at an immigration checkpoint, and when they learned there was an undocumented person inside, tracked ten-year-old Rosamaria to the hospital, apprehending her immediately after she received emergency medical surgery. Putting aside the obvious health implications of forcing an ambulance taking someone to an emergency room through a checkpoint, which frequently can take a very long time, the story illustrates what a strong disincentive immigrant families experience to seek medical help in places with heavy CBP presence.
Somehow We’re Still Talking about the NFL.* We also had a bit more ridiculous anti-protest news in the form of a comment from a Texans owner Robert McNair that “we can’t have inmates running the prisons.” Setting aside what that suggests he thinks about the entire business of professional football, it’s obviously a very problematic statement, and he’s now apologized for it twice. Also, and more importantly, that particular outburst was sparked by conversations in which the NFL decided not to have an anthem mandate, so at least the NFL is still approaching the issue in a nuanced way.
Republican Resistance Grows.* A growing number of retired or retiring prominent Republicans — such as George W. Bush, John McCain, Bob Corker, and Jeff Flake — have all spoken out quite bluntly against Trump in the past week or two. Several of these figures will continue to hold a position of power for over a year, and some fellow Republicans with no obvious retirement plans are starting to react — which may be a reflection of the growing unease within the party that Bob Corker describes generally. Overall, we might be witnessing a shift away from Republican cooperation with the President’s agenda, and it’s worth watching carefully as a result. (The Washington Post also has an interesting piece on what Corker and Flake’s impending retirements might mean for the Senate.)
Refugee Decisions Quietly Made. Without much fanfare, the very last of the former travel ban was mooted this week, with the Trump Administration letting the refugee provision expire (and the Supreme Court dismissing the corresponding case accordingly.) But there’s another 90-day window of review for 11 countries facing “higher scrutiny,” which means refugee applications from those countries will be reviewed on a case-by-case basis; this is in addition to the incredibly low 45,000 cap set for total refugee resettlement in fiscal year 2018. The Trump administration is refusing to even name the 11 countries, which is really unusual; I can’t imagine this is the end of the travel ban legal battles.
The Bad:
401k Shuffle. Despite repeated promises from Trump, Congress is considering limiting 401k retirement contributions as part of its tax reform package. This is odd, not only because it’s unpopular with Wall Street, but also because it appears to discourage saving for retirement at all — and we already have problems with people saving too little. The 401k saga is likely unfolding the way it is because it’s an obvious way to offset tax cuts, and probably ultimately will result in more incoming government money than other options. But if everybody stops saving for retirement, it has the capacity to start costing the government large amounts in the long-term unless Medicare and social security are dismantled as well, because those are entitlement benefits — once people reach a magic age, they’re all allowed to ask for it and a lack of retirement planning means they’re more likely to need it. This is sort of like saying “we need people to buy our candy bars, let’s make it harder to pay for dental visits” and then hoping somebody else has to pay for all the dentures.
EPA Blocked Its Own Scientists from Speaking. The headline kind of says it all on this one; the EPA canceled its own scientists’ presentation at a conference on climate change. When pressed for an explanation, the agency said that the scientists were attending; they just wouldn’t be presenting because “it wasn’t an EPA conference.” But it sounds like everyone attending understood what was really happening; other scientists (fairly) described it as “a blatant example of . . . scientific censorship.”
Too Big to Sue.* The Senate voted this week to repeal a landmark Consumer Federal Protection Bureau regulation that limited mandatory arbitration clauses in bank account agreements. For those of you reading this who haven’t tangled with mandatory arbitration clauses before, they are a common corporate tactic to limit suits and force people through a “negotiation” process when they have grievances. It sounds good on its face, except that the deck is often stacked in the company’s favor because they have a relationship with the arbiters and the consumers don’t. In fact, it is because these clauses heavily advantage businesses and disadvantage consumers that the newly-repealed law was put in place in July in the first place; though Republican talking points suggest otherwise, the regulation merely required banks to draft user agreements that allowed consumers to retain the option to organize class action lawsuits. Adding insult to injury, it was a 50–50 tie, meaning that Pence cast the tiebreaking vote.
Opioid Not-Actually-An-Emergency. Despite earlier promises to the contrary, the Trump administration failed to declare an opioid national emergency this past week. What they did instead was declare a “public health emergency,” which sounds similar — except there’s no money attached (as there would be for a national emergency), because the public health fund is empty. And Trump appears to think we can solve this by Just Saying No. Basically, it’s the difference between “The house is on fire, let’s call firefighters” and “The house is on fire, let’s call my buddy Steve.” Except in this scenario, Steve thinks you can put out house fires by telling the fire to stop burning things.
Budget Proposal Movement. The House passed last week’s budget proposal by a very narrow margin this week; just like in the Senate, every single Democrat voted against it. Though the budget vote does not create fully-formed law — they still need to write the actual tax reform — this is a concrete first step, and that is not necessarily a good thing. But as mentioned last week, it might prove to be the bribe that makes the Republican party actually move to oust Trump, so it might be a mixed thing. We’ll have to see what happens from here.
GAO is AOK. News broke this week that the GAO will be investigating the voter fraud commission at the request of prominent Democrat Senators Michael Bennet, Amy Klobuchar, and Cory Booker, who wrote a letter asserting that the commission appeared designed to perpetuate voter suppression. The office warned that appropriate staff won’t be available to investigate for another five months, but it’s promising that the office accepted the request at all — let alone within a week of the request.
Trans Military Rights Preserved (For Now). A DC federal court granted a preliminary injunction today that pausing Trump’s order banning trans military service, noting that it constituted an impermissible removal of due process for a protected class. This is exciting both because it pauses the order and because a preliminary injunction requires the plaintiffs to show that they’re likely to win their case — so the court was essentially opining that this order was unconstitutional. I’ll be very interested in seeing what happens with this decision.
And that’s what I have for now! But the news is still moving very quickly, so daily news summaries like WTFJHT remain a very good idea for the foreseeable future. We tend to see a rough week after we get inspiring news, because this administration does not take lumps gracefully — and some are still worried that Trump’s about to fire Mueller — so let’s batten down the hatches and prepare for more storms. And hopefully we’ll meet under sunny skies again next week!