Tag: Russia

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

Kara HurvitzLeave a comment

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)

Kara HurvitzLeave a comment

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)

Kara HurvitzLeave a comment

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)

Kara HurvitzLeave a comment

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)

Kara HurvitzLeave a comment

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 17 (May 14–20)

Kara HurvitzLeave a comment

The recurrent theme I’m hearing from everyone about this week is “Well that sure was an eventful four months of news!” The news on the Russia investigation has grown so many heads that it’s getting its own section this week, but the remainder is in its normal weird-bad-good format. I did my best to keep this weekly update manageable; can I have a less chaotic news cycle next week for my prize? (Spoiler: Probably not, if the last couple of days are any indication. And that’s a good thing, despite my whining, because losing momentum would mean bad things for democracy.)

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 With News:

It has been an absolutely bonkers week yet again on the Trump Tells Us About Trump and Russia front, and it can be really hard to keep up with the constant updates. Here’s a Biggest Hits list for those playing the home game.

Your “Normal” Weird:

The Bad:

  • Trump’s First Education Budget. The Washington Post has previewed documents outlining Trump’s first proposed education budget, and it sucks exactly as much as you expect. In addition to placing way too much emphasis on school choice, the budget also ends public service loan forgiveness and cuts hundreds of millions of dollars in funding for school mental health services, after-school programs, advanced coursework, and who only knows what else. It does not, however, change special education budgeting, presumably because he hasn’t gotten to that part yet. An official release of the previewed documents is expected on Tuesday as part of a much larger budget plan.
  • Net Neutrality Threatened.* The FCC voted to roll back net neutrality regulations from the Obama era this week. This is good news for the cable industry, but likely bad news for most consumers, and it’s looking likely that Congress will end up involved. The FCC vote marks the likely beginning of a much longer process, and we can probably expect to hear much more about net neutrality in the coming months.
  • Black Lives Still Matter. It’s been another rough week in white supremacist violence. First and foremost, Richard Collins III, a 23-year-old lieutenant and member of ROTC due to graduate, was stabbed to death in an apparent hate crime on Saturday. Police have apprehended and charged a local suspect with first-degree murder based on video footage of the attack. The suspect was a member of a facebook group called “Alt-Reich Nation,” and police are saying the attack was unprovoked — the victim and assailant didn’t even know each other. Also, House Rep Al Green (D-Tx) received multiple lynching threats after calling for Trump’s impeachment on the House floor this week.

The Good:

I do have a couple of pieces of News Roundup news this week, which is below; other than that, we’ve reached the end of this past week’s news. I hope. But this week upcoming week is looking incredibly full of stuff as well, so expect a long summary this time next week as well!

National News Roundup news of note:

National News Roundup is being moved to a Monday release (on purpose and consistently, as opposed to on occasion and in a haphazard fashion). This is in part because news cycles have become extremely accelerated, and the weekend has stopped being a slow point in the news cycle; it’s also partially to accommodate my work on the Activism Newsletter (which you should check out as well, if you want suggestions on how to react to the news you read here!).

You can also send feedback, including both opinions on release dates and opinions on news generally, by leaving a comment below or at the community page of the Patreon tip jar. Good luck with the upcoming news cycle, and I’ll catch you all next week if not before!

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

Kara HurvitzLeave a comment

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!