Search This Blog

Showing posts with label FEC V. TED CRUZ. Show all posts
Showing posts with label FEC V. TED CRUZ. Show all posts

Tuesday, January 18, 2022

RSN: The Supreme Court Takes Up a Case, Brought by Ted Cruz, That Could Legalize Bribery

 

 

Reader Supported News

Live on the homepage now!
Reader Supported News

115 DONORS KEEPING RSN AFLOAT: 115 donors are what is keeping RSN alive this month. 115 donors, out of over two hundred and fifty thousand visitors, have stepped up and made a contribution. That’s it, that’s what’s keeping the process going. Who will join them now?
Marc Ash • Founder, Reader Supported News

Sure, I'll make a donation!

 

Sen. Ted Cruz shakes hands and poses for photographs with Supreme Court nominee Judge Brett Kavanaugh in Cruz's office in the Russell Senate Office Building on Capitol Hill on July 17, 2018. (photo: Chip Somodevilla/Getty)
The Supreme Court Takes Up a Case, Brought by Ted Cruz, That Could Legalize Bribery
Ian Millhiser, Vox
Millhiser writes: "The details of Federal Election Commission v. Ted Cruz for Senate, a case that the Supreme Court will hear next Wednesday, read more like a paranoid fantasy dreamed up by leftists than like an actual lawsuit."

Ted Cruz wants the Court to kill an important anti-corruption law.

The details of Federal Election Commission v. Ted Cruz for Senate, a case that the Supreme Court will hear next Wednesday, read more like a paranoid fantasy dreamed up by leftists than like an actual lawsuit.

The case concerns federal campaign finance laws, and, specifically, candidates’ ability to loan money to their campaigns. Candidates can do so — but in 2001, Congress enacted a provision that helps prevent such loans from becoming a vehicle to bribe candidates who go on to be elected officials. Under this provision, a campaign that receives such a loan may not repay more than $250,000 worth of the loan using funds raised after the election.

When a campaign receives a pre-election donation, that donation is typically subject to strict rules preventing it from being spent to enrich the candidate. After the election has occurred, however, donors who give money to help pay off a loan from the candidate effectively funnel that money straight to the candidate — who by that point could be a powerful elected official.

A lawmaker with sufficiently clever accountants, moreover, could effectively structure such a loan to allow lobbyists and other donors to help the lawmaker directly profit from it. According to the Los Angeles Times, for example, in 1998, Rep. Grace Napolitano (D-CA) made a $150,000 loan to her campaign at 18 percent interest (though she later reduced that interest rate to 10 percent). As of 2009, Napolitano reportedly raised $221,780 to repay that loan — $158,000 of which was classified as “interest.”

So in 11 years, the loan reportedly earned Napolitano nearly $72,000 in profits.

And that brings us back to the Ted Cruz for Senate lawsuit. Sen. Ted Cruz (R-TX) wants the Supreme Court to strike down the limit on loan repayments to federal candidates. That decision could potentially enable any lawmaker to make a high-dollar, high-interest loan to their campaign, and then use that loan as a vehicle to funnel donations directly into their pocket. (Pre-2001 FEC rulings permitted candidates to make loans to their campaign at “a ‘commercially reasonable rate’ of interest,” but that apparently did not stop Napolitano from making a loan at a double-digit interest rate.)

And even if lawmakers do not enrich themselves by making high-interest loans to their campaign, the fact remains that every dollar a campaign donor gives to help a campaign pay back a loan from the candidate goes straight into that candidate’s pocket. As the Justice Department argues in its brief defending against Cruz’s lawsuit, “a contribution that adds to a candidate’s personal assets (and that can accordingly be used for personal purposes) poses a far greater threat of corruption than a payment that merely adds to a campaign’s treasury (and that can accordingly be used only for campaign purposes).”

Cruz claims that permitting such contributions is necessary to protect “the rights of candidates and their campaign committees to make constitutionally protected decisions about when and how much to speak during an election.”

While a decision in Cruz’s favor could effectively make it legal for wealthy donors to bribe lawmakers, Cruz has a very good chance of prevailing in a Supreme Court where Republicans control six of the Court’s nine seats.

Although current precedents nominally permit Congress to enact campaign finance laws to prevent “corruption and the appearance of corruption,” the Court’s decision in Citizens United v. FEC (2010) defined the word “corruption” so narrowly that it is basically meaningless. And the current Court is significantly more conservative than the one that handed down Citizens United a dozen years ago.

Justice Brett Kavanaugh, for example, suggested in a 2002 email that he wrote while he was a White House official that there are “some constitutional problems” with laws placing a cap on how much an individual donor can give to a candidate — something that even decisions like Citizens United permit.

Similarly, just last July, the Supreme Court voted along party lines to block a California rule requiring certain political donors to be disclosed, and it did so despite the fact that Citizens United explicitly held that disclosure laws stand on strong constitutional footing.

There is a very real chance, in other words, that a Supreme Court hostile to campaign finance regulation will join Cruz’s crusade. And if the Court does so, that could effectively make it legal to bribe many members of Congress.

Ted Cruz manufactured a fake dispute in order to bring this lawsuit

Cruz admits that he engineered this lawsuit specifically so he can challenge the restriction on loan repayments.

According to the Justice Department, on the day before the 2018 election, Cruz lent his campaign $260,000, or $10,000 more than the amount that can legally be repaid from post-election funds. Moreover, while a federal regulation permits Cruz’s campaign to pay back all of that money using funds raised before the election, so long as it did so no later than 20 days after the election, the campaign waited until after this deadline had passed to pay back $250,000 of the $260,000 loan.

And, just in case there’s any doubt why Cruz and his campaign entered into this unusual arrangement, Cruz and his campaign do not contest that “the sole and exclusive motivation behind Senator Cruz’ actions in making the 2018 loan and the committee’s actions in waiting to repay them was to establish the factual basis for this challenge.” Cruz was essentially willing to risk $10,000 of his own money for an opportunity to knock down a federal anti-corruption law.

The Justice Department, for what it’s worth, argues that these machinations should doom his suit, citing Supreme Court cases establishing that plaintiffs may not use federal courts to remedy “self-inflicted injuries” — though, as Cruz’s lawyers note in their brief, it is common for civil rights plaintiffs to use similar tactics to engineer lawsuits challenging race discrimination, and the Court has permitted such tactics in the past. So it is far from clear that Cruz is not allowed to bring this suit.

And even if the Court were to dismiss Cruz’s suit, it is likely that some other candidate would make a legitimate loan to their campaign, and then bring a similar lawsuit.

So, in other words, even if the Court decided to avoid the issues presented by this case and to dismiss Cruz’s suit, that decision would only likely delay the inevitable.

The Supreme Court enables corruption by defining the word “corruption” narrowly

The Supreme Court established in Buckley v. Valeo (1976) that lawmakers may enact campaign finance regulations that mitigate “the danger of corruption and the appearance of corruption.” Yet, while Citizens United purported to leave this aspect of Buckley in place, it severely curtailed the government’s ability to fight “corruption” by defining that word very narrowly.

Specifically, Citizens United held that federal and state campaign finance laws may only target “quid pro quo” arrangements, where money is offered in return for “political favors.” After Citizens United, Congress may still ban donors from explicitly promising to write a lawmaker a check if that lawmaker changes their vote on a pending bill. But other forms of corruption are protected by the Supreme Court’s understanding of the Constitution.

Indeed, Justice Kennedy’s opinion in Citizens United framed influence-buying by donors as an affirmative good:

Favoritism and influence are not . . . avoidable in representative politics. It is in the nature of an elected representative to favor certain policies, and, by necessary corollary, to favor the voters and contributors who support those policies. It is well understood that a substantial and legitimate reason, if not the only reason, to cast a vote for, or to make a contribution to, one candidate over another is that the candidate will respond by producing those political outcomes the supporter favors. Democracy is premised on responsiveness.

If you accept the legitimacy of this reasoning, then Cruz has a strong case. Sure, striking down the restrictions on repaying loans from candidates would allow lobbyists and wealthy donors to put money directly into the pockets of lawmakers. But, under the definition of “corruption” advanced by Citizens United, it’s not entirely clear why lawmakers may not charge lobbyists $1,000 an hour for their time — so long as the lawmakers and the lobbyist do not reach an explicit quid pro quo agreement regarding some policy matter before Congress.

If the Court does want to establish that elected officials may not rely on Citizens United to personally enrich themselves, Ted Cruz for Senate gives the Court a perfect opportunity to do so. The Justice Department argues that the Court should uphold the loan repayment provision challenged by Cruz because it enables personal donations to lawmakers that are different in kind from the ones imagined by the Court’s earlier campaign finance cases.

“When a campaign uses a contribution to fund routine campaign activities, the contribution helps the candidate by marginally improving his chance of victory, but it does not add to the candidate’s personal wealth,” the Justice Department argues in its brief. “But when a campaign uses a contribution to repay the candidate’s loan, every dollar given by the contributor ultimately goes into the candidate’s pocket.”

The Justice Department also cites a list of existing ethical rules, including a congressional rule forbidding members of the House and Senate from accepting gifts of more than $50, which prevents federal officials from using their office to enrich themselves. And it notes that the Constitution itself recognizes the danger of federal officials accepting personal gifts, forbidding them from accepting “any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.” (Though, in fairness, the courts didn’t exactly enforce this provision with any kind of rigor when Donald Trump was president.)

Thus far, however, the Roberts Court has shown little inclination to rein in the power of wealthy donors to shape elections — or to spend money in order to maximize their influence over lawmakers. Perhaps the Court will decide in Ted Cruz for Senate that putting money directly into a Congress member’s pocket goes too far.

But, given the Court’s record, I wouldn’t bet on it.



READ MORE


Rep. Matt Gaetz's Ex-Girlfriend Testifies to Grand Jury in Sex Trafficking Probe, Reports SayInvestigators began seeking evidence and testimony in late 2020 from a former girlfriend of Representative Matt Gaetz, Republican of Florida. (photo: Stefani Reynolds/The New York Times)

Rep. Matt Gaetz's Ex-Girlfriend Testifies to Grand Jury in Sex Trafficking Probe, Reports Say
Jim Little, Pensacola News Journal
Little writes: "National news outlets reported that Rep. Matt Gaetz's ex-girlfriend testified Wednesday before a federal grand jury in Orlando that is investigating allegations that Gaetz sex-trafficked a 17-year-old in 2017."

National news outlets reported that Rep. Matt Gaetz's ex-girlfriend testified Wednesday before a federal grand jury in Orlando that is investigating allegations that Gaetz sex-trafficked a 17-year-old in 2017.

Reports from NBC News and CNN reported seeing the woman enter the federal courthouse in Orlando on Wednesday with her attorney.

The sighting could be a troubling development for the Northwest Florida Republican congressman that federal prosecutors are moving closer to indicting him.

NBC News reported that the ex-girlfriend, whose name was withheld to respect her privacy, has been in talks with prosecutors for an immunity deal in exchange for testifying about whether Gaetz had sex with a 17-year-old female for money in 2017.

Gaetz has not been charged with a crime and has repeatedly denied all accusations and called the federal investigation into him a "witch hunt."

"We have seen no credible basis for a charge against Congressman Gaetz," said Isabelle Kirshner, a New York-based attorney representing Gaetz, in a statement to the News Journal on Wednesday. "We remain steadfast in our commitment to challenge any allegations with the facts and law."

Citing legal sources familiar with the case, NBC News said the investigation into Gaetz is now focused on three crimes: sex trafficking the 17-year-old; violating the Mann Act, which prohibits taking women across state lines for prostitution and obstructing justice.

NBC News reported that the investigation into Gaetz stalled last year as prosecutors sought the cooperation of Gaetz's ex-girlfriend, whose testimony is crucial to the case, citing sources familiar with the investigation.

Gaetz's ex-girlfriend was in an open relationship with him in 2017 and 2018 and allegedly discussed other women he was involved with, NBC News reported.

Allegations that Gaetz paid for sex with a 17-year-old in 2017 became public last spring as Gaetz's former friend and Seminole County Tax Collector Joel Greenberg was indicted for sex trafficking.

Greenberg has since pleaded guilty to six of 33 charges against him including sex trafficking in a plea deal with prosecutors to testify against Gaetz in exchange for a lighter sentence.

Greenberg's sentencing has been delayed pending his cooperation in the case against Gaetz.

READ MORE


Families Await News of Thousands Held by Police in Kazakhstan After ProtestsTroops are seen Thursday at the main square of Almaty, where hundreds of people have been protesting against the government. (photo: Mariya Gordeyeva/Reuters)

Families Await News of Thousands Held by Police in Kazakhstan After Protests
Associated Press
Excerpt: "With about 12,000 people arrested after anti-government protests in Kazakhstan last week, friends and relatives of those held by police waited outside a jail Wednesday, hoping to learn their fate."

ALSO SEE: Russian Troops Move to Put Down "Violent"
Uprising in Kazakhstan


About 12,000 people arrested in wake of recent protests

With about 12,000 people arrested after anti-government protests in Kazakhstan last week, friends and relatives of those held by police waited outside a jail Wednesday, hoping to learn their fate.

Some even went to morgues to see if a loved one was among the scores killed in the unprecedented violence in the Central Asian nation.

Authorities have refused to allow relatives or lawyers to see those in custody, giving little information about them, according to human rights activists.

The demonstrations began Jan. 2 in the western part of Kazakhstan over a sharp rise in fuel prices and spread throughout the country, apparently reflecting wider discontent with the government, which declared a state of emergency for the whole country and asked a Russia-led military alliance to send in troops to help restore order.

Another 1,678 people were arrested in the past 24 hours in Almaty, the largest city that was hit hardest by the turmoil, and more than 300 criminal investigations have been opened.

President Kassym-Jomart Tokayev blamed the unrest on foreign-backed "terrorists," but did not provide any evidence, and had given shoot-to-kill orders to security forces to quell the unrest.

Outside a branch of the Internal Affairs department that housed a large detention centre, a man who gave his name only as Renat said he has been waiting nearly a week to see or get any information about a close friend, Zhandos Nakipovich. He said Nakipovich, whom he described as being like "a brother" to him, was taken into custody on Jan. 4 during a peaceful protest.

"He was at first held at a precinct, then they told us he was in the Internal Affairs department," Renat told The Associated Press. "Since Jan. 6, we've been here and we don't know whether he's alive or not."

Military checkpoints prevented anyone from getting close to the building.

"Neither lawyers nor relatives — no one is allowed inside. Lawyers should be present during interrogation, but as you see, no one can pass," said Galym Ageleuov, head of the Liberty human rights group, who was waiting at the barricade.

"The checkpoint blocks the access for lawyers and relatives to see what's going on there. We don't even have the list of detainees," Ageleuov said.

More than a dozen men and women in dark winter clothes gathered outside one of Almaty's morgues, with some of them waiting to collect the bodies of relatives killed in the unrest. Huddled together in small groups, they stood at the gate of the facility, chatting quietly with each other but refused to talk to a reporter.

Although the official death toll was announced as 164, Tokayev has said hundreds of civilians and security forces were killed and injured.

Life in Almaty has started returning to normal after days of unrest that saw cars and buses torched, government buildings stormed and set ablaze, the airport seized and the sound of gunfire ringing out. The unrest had largely ended by last weekend.

Authorities in the energy-rich country of 19 million sought to mollify the anger at the government by capping fuel prices for 180 days. The Cabinet resigned, and longtime former leader Nursultan Nazarbayev was ousted from his influential post of head of the National Security Council. Nazarbayev had stepped down as president in 2019 after nearly three decades in power, but retained influence in the security forces.

The military alliance Tokayev asked for help, the Collective Security Treaty Organization, sent over 2,000 troops to Kazakhstan. Tokayev said they will start withdrawing Thursday.


READ MORE



Revealed: The Billionaires Funding the Trump Coup Brain TrustThe Dick and Betsy DeVos Foundation donated $240,000 to Claremont Institute, which has been a driving force behind the effort to use bogus fraud claims to change election laws. (photo: Alex Wong)

Revealed: The Billionaires Funding the Trump Coup Brain Trust
Andy Kroll, Rolling Stone
Kroll writes: "The Claremont Institute, once a little-known think tank often confused with the liberal-arts college of the same name, has emerged as a driving force in the conservative movement's crusade to use bogus fraud claims about the 2020 election to rewrite voting laws and remake the election system in time for the 2022 midterms and 2024 presidential election."

Conservative mega-donors including the DeVoses and Bradleys are pumping big money into the Claremont Institute think tank that fueled Trump’s election-fraud fantasies

The Claremont Institute, once a little-known think tank often confused with the liberal-arts college of the same name, has emerged as a driving force in the conservative movement’s crusade to use bogus fraud claims about the 2020 election to rewrite voting laws and remake the election system in time for the 2022 midterms and 2024 presidential election. Most infamously, one of the group’s legal scholars crafted memos outlining a plan for how then-Vice President Mike Pence could potentially overturn the last election.

Conservative mega-donors like what they see.

The biggest right-wing megadonors in America made major contributions to Claremont in 2020 and 2021, according to foundation financial records obtained by Rolling Stone. The high-profile donors include several of the most influential families who fund conservative politics and policy: the DeVoses of West Michigan, the Bradleys of Milwaukee, and the Scaifes of Pittsburgh.

The Dick and Betsy DeVos Foundation donated $240,000 to Claremont in 2020 and approved another $400,000 to be paid out in the future, tax records show. The Bradley Foundation donated $100,000 to Claremont in 2020 and another $100,000 in 2021, according to tax records and a spokeswoman for the group. The Sarah Scaife Foundation, one of several charities tied to the late right-wing billionaire Richard Mellon Scaife, supplied another $450,000 to Claremont in 2020, according to its latest tax filings.

Claremont’s own tax filings show that its revenue rose from 2019 to 2020 by a half-million dollars to $6.2 million, one of the highest sums since the organization was founded in 1979, according to the most recent available data. A Claremont spokesman said the group wouldn’t comment about its donors beyond publicly available data but estimated that Claremont’s revenue for the 2021 fiscal year had increased to $7.5 million.

The DeVoses, Bradleys, and Scaifes are among the most prominent donor families in conservative politics. For Bradley and Scaife, the giving to Claremont tracks with a long history of funding right-wing causes and advocacy groups, from the American Enterprise Institute think tank and the “bill mill” American Legislative Exchange Council, to anti-immigration zealot David Horowitz’s Freedom Center and the climate-denying Heartland Institute.

Bradley in particular has given heavily to groups that traffic in misleading or baseless claims about “election integrity” or widespread “voter fraud.” Thanks to a $6.5 million infusion from the Bradley Impact Fund, a related nonprofit, the undercover-sting group Project Veritas nearly doubled its revenue in 2020 to $22 million, according to the group’s tax filing. Bradley is also a long-time funder of the Heritage Foundation, which helped architect the wave of voter suppression bills introduced in state legislatures this year, and True the Vote, a conservative group that trains poll watchers and stokes fears of rampant voter fraud in the past.

But while the Bradley donations are to be expected, the contributions from the Dick and Betsy DeVos Foundation to Claremont are perhaps more surprising. Betsy DeVos, in one of her final acts as Trump’s education secretary, condemned the “angry mob” on January 6 and said “the law must be upheld and the work of the people must go on.”

A spokesman for the DeVoses, Nick Wasmiller, said Betsy DeVos’s letter “speaks for itself.” He added: “Claremont does work in many areas. It would be baseless to assert the Foundation’s support has any connection to the one item you cite.” While the foundation’s 2020 tax filing said its grants to Claremont were unrestricted, Wasmiller said the filing was wrong and the money had been earmarked. However, he declined to say what it was earmarked for.

The donations flowing into Claremont illustrate that although the group’s full-throated support for Trump and fixation on election crimes may be extreme, they’re not fringe views when they have the backing of influential conservative funders. “Were it not for the patronage of billionaire conservatives and their family foundations, the Claremont Institute would likely be relegated to screaming about its anti-government agenda on the street corner,” says Kyle Herrig, president of government watchdog group Accountable.US.

The Claremont spokesman responded to Herrig’s comment by saying “We think the dark money behind Accountable.US, under left-wing umbrella groups like Arabella Advisors, are threats to democracy and Western civilization. We defer to Herrig’s expertise on street corners.”

The Claremont Institute’s mission, as its president, Ryan Williams, recently put it, is to “save Western civilization.” Since the 2016 presidential race, Claremont tried to give an intellectual veneer to the frothy mix of nativism and isolationism represented by candidate Donald Trump. The think tank was perhaps best known for its magazine, the Claremont Review of Books, and on the eve of the ’16 election, the Review published an essay called “The Flight 93 Election,” comparing the choice facing Republican voters to that of the passengers who ultimately chose to bring down the fourth plane on September 11th. If conservatives didn’t rush the proverbial cockpit, the author, identified by the pen name Publius Decius Mus, “death is certain. To compound the metaphor: a Hillary Clinton presidency is Russian Roulette with a semi-auto. With Trump, at least you can spin the cylinder and take your chances.”

The essay’s author, later revealed to be a conservative writer named Michael Anton, went to work in the Trump White House, which made sense given his description in “Flight 93 Election” of “the ceaseless importation of Third World foreigners with no tradition of, taste for, or experience in liberty means that the electorate grows more left, more Democratic, less Republican, less republican, and less traditionally American with every cycle.”

Former Claremont scholars said they were aghast by the think tank’s full-on embrace of Trump in 2016. “The Claremont Institute spent 36 years as a resolutely anti-populist institution, [and] preached rightly that norms and institutions were hard to build and easy to destroy, so to watch them suddenly embrace Trump in May 2016 was like if PETA suddenly published a barbecue cookbook,” one former fellow told Vice News.

In recent years, the think tank courted controversy when it awarded paid fellowships to Jack Posobiec, a right-wing influencer who was an early promoter of the Seth Rich and Pizzagate conspiracy theories, and Charlie Kirk, head of the pro-Trump activist group Turning Point USA who has pushed baseless election-fraud theories and vowed to defend young people who wouldn’t refused vaccination from what he called “medical apartheid.”

But Claremont wouldn’t fully land in the spotlight until the end of Trump’s presidency. On Jan. 6, John Eastman, a law professor and Claremont scholar, spoke at the “Save America” rally on Jan. 6, 2021, that preceded the Capitol insurrection. Eastman repeated several election-related conspiracy theories, alleging that “machines contributed to that fraud” by “unloading the ballots from the secret folder,” a version of the rampant conspiracy theories spread by Trump campaign lawyers about the company Dominion Voting Systems.

As would later be revealed, Eastman also wrote two memos outlining a plan for how then-Vice President Mike Pence could overturn the 2020 result on January 6. “The main thing here is that Pence should do this without asking for permission — either from a vote of the joint session or from the Court,” Eastman wrote. “Let the other side challenge his actions in court…” (Worth noting: The Claremont Review would later publish its own critique of Eastman’s memos by a professor of government and ethics at Claremont McKenna college. After walking through a key piece of Eastman’s argument, the professor, Joseph Bessette, wrote: “One doesn’t have to be a scholar of the American Founding, a professor of constitutional law, or an expert in election law to know that this simply cannot be right.”)

Claremont continues to push the stolen-election myth and has apparently helped state lawmakers draft legislation to make election laws more favorable to the Republican Party. In October, Claremont President Ryan Williams told an undercover liberal activist that Eastman was “still very involved with a lot of the state legislators and advising them on election integrity stuff.”

Williams went on to tell the undercover activist, Lauren Windsor, that Eastman’s position was this: “Look, unless we get right what happened in 2020, there’s no moving on. They’re just going to steal every subsequent election.”


READ MORE


50 Thousand Kids in Joe Manchin's Home State Could Sink Into Deep Poverty Without Child Tax CreditsMost West Virginia families used their child tax credit payments for basic necessities like food, utilities and education costs. (photo: The DA)

50 Thousand Kids in Joe Manchin's Home State Could Sink Into Deep Poverty Without Child Tax Credits
Shirin Ali, The Hill
Ali writes: "Thousands of children in the state of West Virginia are facing the risk of falling into poverty, as the federal government remains in a gridlock over continuing a child tax credit program - one that West Virginia's own senator opposes."

Most West Virginia families used their child tax credit payments for basic necessities like food, utilities and education costs.


Thousands of children in the state of West Virginia are facing the risk of falling into poverty, as the federal government remains in a gridlock over continuing a child tax credit program — one that West Virginia’s own senator opposes.

Since July 2021, millions of families across the country began receiving special payments from the federal government under the advanced child tax credit program as part of President Biden’s American Rescue Plan. In West Virginia, more than 300,000 children received those payments, but Sen. Joe Manchin (D), who represents West Virginia, hasn’t been a fan of the program.

Manchin previously said he wants additional stipulations attached to the child tax credit program, like requiring parents to work and to limit payments to families making $60,000 or less annually.

"Don't you think, if we're going to help the children, that the people should make some effort?," argued Manchin while appearing on CNN's "State of the Union" in September.

However, advocates in Machin’s home state of West Virginia are pointing out just how significant the child tax credit program has been. The West Virginia Center on Budget … Policy (WVCBP) estimates 93 percent of children in West Virginia received those payments, with most households getting between $250 to $300 per child every month.

Even at the national level, the child tax credit payments made a significant impact. The Center on Poverty … Social Policy estimated 3.8 million children avoided poverty in November 2021, with the child tax credit program contributing to a 5.1 percent reduction in child poverty compared to what it would have been without the payments.

Despite the positive gains, Congress wasn’t able to extend the program and the final child tax credit payment was distributed to families last month. Due in part to Manchin’s opposition, the future of the child tax credit program remains uncertain.

In West Virginia, that means 50,000 children are now at risk of slipping into poverty, according to data by WVCBP.

Most West Virginia families used their child tax credit payments for basic necessities, with 77 percent of recipient households using the money for food, 57 percent spending it on utilities, and nearly 40 percent spending it on education costs.

“Making these changes permanent is a key provision of the Build Back Better agenda, and should be a top priority for West Virginia’s congressional leaders. The expanded credit is already leading to an historic reduction in poverty in the state,” said Sean O’Leary, a senior policy analyst at WVCBP, in a blogpost.

Growing up in poverty causes lasting harm, with the Center on Budget and Policy Priorities (CBPP) noting that poverty can bring unstable housing, frequent moves, inadequate nutrition and high family stress. All of that can often take a heavy toll on children, leading to lower levels of educational attainment, lower earnings, higher likelihood of getting arrested and poor health in adulthood.

Now that the additional income from the child tax credit payment program is gone, families in West Virginia are feeling the pinch.

“That money gave us breathing room, so we were not so stressed about bills and rent constantly. In the future it will help us save money and one day be able to purchase a house,” said Erin, a West Virginia parent responding to WVCB’s call to families on the impact of not having the child tax credit payment program payments.

About 17 percent of all children living in the U.S. are living in poverty, which equates to nearly 12 million kids, according to the Annie E. Casey Foundation. In West Virginia, about 20 percent of children were living in poverty in 2019.

Experts worry the gains families were able to make last year because of the child tax credit could be lost for good and are imploring Manchin to help bring it back to life in Biden’s Build Back Better act.

“The expansion of the child tax credit (CTC) brought historic child poverty reductions in West Virginia and around the country—progress that will be lost if Senator Manchin does not support continuing the program,” said Kelly Allen, executive director of WVCBP, to Changing America in an emailed statement.

READ MORE



Why More American Children Are Dying by GunfireA memorial along Westbury Road in Riverdale, Ga., near the place Elyjah Munson, 11, was shot and killed while walking home from school. (photo: Alyssa Noel Pointer/The New York Times)

Why More American Children Are Dying by Gunfire
Jack Healy, The New York Times
Healy writes: "Toddlers are discovering guns under piles of clothes and between couch cushions. Teenagers are obtaining untraceable ghost guns made from kits. Middle school students are carrying handguns for protection."

Toddlers are discovering guns under piles of clothes and between couch cushions. Teenagers are obtaining untraceable ghost guns made from kits. Middle school students are carrying handguns for protection.


Kendall Munson was so worried about the gun violence in her neighborhood on Chicago’s South Side that she sent her sons to live with their grandparents outside Atlanta. But death found them anyway.

On Dec. 9, her goofy, football-loving 11-year-old son, Elyjah, and some friends were walking to a gas station for after-school snacks when one of Elyjah’s best friends, a 12-year-old, pulled a gun from a backpack and shot Elyjah in the head.

It was the second time last year that the family had been jolted by gun violence. Two weeks before Elyjah was killed, his 5-year-old cousin, Khalis Eberhart, was fatally shot after a 3-year-old cousin found a gun under a sofa cushion.

READ MORE


Hottest Ocean Temperatures in History Recorded Last YearOcean heating driven by human-caused climate crisis, scientists say, in sixth consecutive year record has been broken. (photo: iStock)

Hottest Ocean Temperatures in History Recorded Last Year
Oliver Milman, Guardian UK
Milman writes: "The world's oceans have been set to simmer, and the heat is being cranked up. Last year saw the hottest ocean temperatures in recorded history, the sixth consecutive year that this record has been broken, according to new research."

Ocean heating driven by human-caused climate crisis, scientists say, in sixth consecutive year record has been broken

The world’s oceans have been set to simmer, and the heat is being cranked up. Last year saw the hottest ocean temperatures in recorded history, the sixth consecutive year that this record has been broken, according to new research.

The heating up of our oceans is being primarily driven by the human-caused climate crisis, scientists say, and represents a starkly simple indicator of global heating. While the atmosphere’s temperature is also trending sharply upwards, individual years are less likely to be record-breakers compared with the warming of the oceans.

Last year saw a heat record for the top 2,000 meters of all oceans around the world, despite an ongoing La Niña event, a periodic climatic feature that cools waters in the Pacific. The 2021 record tops a stretch of modern record-keeping that goes back to 1955. The second hottest year for oceans was 2020, while the third hottest was 2019.

“The ocean heat content is relentlessly increasing, globally, and this is a primary indicator of human-induced climate change,” said Kevin Trenberth, a climate scientist at the National Center for Atmospheric Research in Colorado and co-author of the research, published in Advances in Atmospheric Sciences.

Warmer ocean waters are helping supercharge storms, hurricanes and extreme rainfall, the paper states, which is escalating the risks of severe flooding. Heated ocean water expands and eats away at the vast Greenland and Antarctic ice sheets, which are collectively shedding around 1tn tons of ice a year, with both of these processes fueling sea level rise.

Oceans take up about a third of the carbon dioxide emitted by human activity, causing them to acidify. This degrades coral reefs, home to a quarter of the world’s marine life and the provider of food for more than 500m people, and can prove harmful to individual species of fish.

As the world warms from the burning of fossil fuels, deforestation and other activities, the oceans have taken the brunt of the extra heat. More than 90% of the heat generated over the past 50 years has been absorbed by the oceans, temporarily helping spare humanity, and other land-based species, from temperatures that would already be catastrophic.

The amount of heat soaked up by the oceans is enormous. Last year, the upper 2,000 meters of the ocean, where most of the warming occurs, absorbed 14 more zettajoules (a unit of electrical energy equal to one sextillion joules) than it did in 2020. This amount of extra energy is 145 times greater than the world’s entire electricity generation which, by comparison, is about half of a zettajoule.

Long-term ocean warming is strongest in the Atlantic and Southern oceans, the new research states, although the north Pacific has had a “dramatic” increase in heat since 1990 and the Mediterranean Sea posted a clear high temperature record last year.

The heating trend is so pronounced it’s clear to ascertain the fingerprint of human influence in just four years of records, according to John Abraham, another of the study’s co-authors. “Ocean heat content is one of the best indicators of climate change,” added Abraham, an expert in thermal sciences at University of St Thomas.

“Until we reach net zero emissions, that heating will continue, and we’ll continue to break ocean heat content records, as we did this year,” said Michael Mann, a climate scientist at Penn State University and another of the 23 researchers who worked on the paper. “Better awareness and understanding of the oceans are a basis for the actions to combat climate change.”


READ MORE

 

Contribute to RSN

Follow us on facebook and twitter!

Update My Monthly Donation

PO Box 2043 / Citrus Heights, CA 95611








Friday, January 14, 2022

RSN: Charles Pierce | A Supreme Court Selected by Big Money Will Rule on Whether Big Money Is Corruptive

 

 

Reader Supported News
13 January 22

Live on the homepage now!
Reader Supported News

DESPERATE TO AVOID DESPERATION — Hello folks, 124 donations from two hundred and fifty thousand visitors … Yikes! New year, new challenges. You know RSN will be there. Have to pay the bills.
Marc Ash • Founder, Reader Supported News

Sure, I'll make a donation!

 

Supreme Court Justices Amy Coney Barrett, Neil Gorsuch and Brett Kavanaugh. (photo: Getty)
Charles Pierce | A Supreme Court Selected by Big Money Will Rule on Whether Big Money Is Corruptive
Charles Pierce, Esquire
Pierce writes: "Next Wednesday, the Supreme Court will hear the case of FEC v. Ted Cruz For Senate. At issue is the procedure by which candidates can loan money to their campaigns, and then finagle the repayment process in such a way that a successful candidate makes a profit while his donors buy influence."

And of course, Tailgunner Ted Cruz has wormed his way to the center of the plot.


On Tuesday evening, when hardly anyone was watching, Senator Sheldon Whitehouse, Democrat of Rhode Island, took to the floor of the Senate to rail once again against the influence of dark money on the federal judiciary, and its influence specifically on the new, carefully engineered 6-3 conservative majority on the Supreme Court of the United States.

Now the court's 6-3 big-donor chosen supermajority is delivering massive wins for those donor interests. And the American people can smell what Justice Sotomayor aptly characterized as the stench of a captured court.

But Whitehouse’s way into his argument was a new one. In his remarks, he targeted the laughably toothless commission the administration put together, purportedly to study the problems with the federal judiciary. These problems, of course, have been caused in great measure by the deluge of dark money into the confirmation process, most of it coming from economic and ideological sources that have extensive business before the court. However, the late commission chose to deal out, in Whitehouse’s words, “faculty-lounge pablum.”

Yes, they gestured toward the need for a code of ethics for the justices which makes sense because Supreme Court justices have the lowest ethics standard of any top federal official, but pointing that out is a little bit like pointing out a flat tire on a totaled car. Consider the facts the commission ignored. A private, partisan, anonymously funded organization, the Federalist Society, handpicked the last three Supreme Court justices. President Trump and his White House counsel admitted they had outsourced, their word, the Federalist Society to the White House.

Senator Hatch, our former colleague, former chairman of the Judiciary, was asked if this role was outsourced to the Federalist Society and he said damned right. No other democracy in the world has had such a ridiculous system for selecting judges. That's bad. It gets worse. Anonymous donations helped right-wing front groups mount a $400-million push to capture and control the Court, with zero transparency into who gave the money. Or more importantly, what matters they had before the Court whose justices they were installing. That's disgraceful. And trust me, nobody spends $400 million without a motive.

Whitehouse’s case is so plain as to almost beggar argument. As he noted, the previous administration* was not shy about admitting flat-out the truth of what Whitehouse said. The most recent former president* didn’t know enough about the law and jurisprudence to throw to a cat, as the great Sean O’Faolain once put it in another context. He was more than happy to grin and slap his nominees on the back while Mitch McConnell blew up the Senate confirmation process to install the Federalist Society Triple-A ballclub where it could do the most good for conservative donors and the least good for the country. After all, the foul flood of money that has rotted the foundations of our institutions began while the former president* was still “firing” people on his TV show.

The Court handed down its decision in Citizens United v. FEC in 2010, in the dim times before this blog was even born. In fact, along with shredding voting rights, demolishing campaign finance laws has been one of Chief Justice John Roberts’ primary enthusiasms since he first made his bones in conservative legal circles. (Two sides of the same coin, if you think about it.) And, a week from now, Senator Whitehouse and the rest of us may get another object lesson in this phenomenon.

Next Wednesday, the Supreme Court will hear the case of FEC v. Ted Cruz For Senate. At issue is the procedure by which candidates can loan money to their campaigns, and then finagle the repayment process in such a way that a successful candidate makes a profit while his donors buy influence. Ian Millhiser at Vox explains how it works:

When a campaign receives a pre-election donation, that donation is typically subject to strict rules preventing it from being spent to enrich the candidate. After the election has occurred, however, donors who give money to help pay off a loan from the candidate effectively funnel that money straight to the candidate — who by that point could be a powerful elected official.

A lawmaker with sufficiently clever accountants, moreover, could effectively structure such a loan to allow lobbyists and other donors to help the lawmaker directly profit from it. According to the Los Angeles Times, for example, in 1998, Rep. Grace Napolitano (D-CA) made a $150,000 loan to her campaign at 18 percent interest (though she later reduced that interest rate to 10 percent). As of 2009, Napolitano reportedly raised $221,780 to repay that loan — $158,000 of which was classified as “interest.” So in 11 years, the loan reportedly earned Napolitano nearly $72,000 in profits.

Sweet!

Comes now Tailgunner Ted Cruz, who wants to do away with those rules and limitations on loan repayments to candidates for federal offices. I trust I need not hang pink neon around the loophole for personal enrichment and influence peddling that a decision in favor of Cruz’s campaign would open in our already moth-eaten campaign-finance regulations. And one would have to have been on Mars over the past decade not to make Cruz the favorite whenever the Court’s decision comes down. Which is good, because, as Millhiser reports, the Tailgunner brought this case specifically to blow up this particular regulatory device.

According to the Justice Department, on the day before the 2018 election, Cruz lent his campaign $260,000, or $10,000 more than the amount that can legally be repaid from post-election funds. Moreover, while a federal regulation permits Cruz’s campaign to pay back all of that money using funds raised before the election, so long as it did so no later than 20 days after the election, the campaign waited until after this deadline had passed to pay back $250,000 of the $260,000 loan.

And, just in case there’s any doubt why Cruz and his campaign entered into this unusual arrangement, Cruz and his campaign do not contest that “the sole and exclusive motivation behind Senator Cruz’ actions in making the 2018 loan and the committee’s actions in waiting to repay them was to establish the factual basis for this challenge.” Cruz was essentially willing to risk $10,000 of his own money for an opportunity to knock down a federal anti-corruption law.

And, in a couple of years, if he’s still in office, and if rising seas haven’t taken Rhode Island off toward Labrador, Sheldon Whitehouse will get up on the Senate floor and demonstrate again the corrupting influence of money on the process of appointing a Supreme Court that then will be tasked with passing judgment on the corrupting influence of money. And the water-wheel of sewage goes ‘round and ‘round.

READ MORE


Sinema Affirms Opposition to Eliminating Filibuster, Probably Dooming Voting Rights PushSen. Kyrsten Sinema (D-AZ) arrives for a Senate Democrat caucus luncheon with President Biden in the Russell Senate Office Building on Capitol Hill, Jan. 13, 2022, in Washington, D.C. (photo: Chip Somodevilla/Getty)


Sinema Affirms Opposition to Eliminating Filibuster, Probably Dooming Voting Rights Push
Mike DeBonis, The Washington Post
DeBonis writes: "Democrats' hopes of finally pushing through voting rights legislation after months of Republican opposition appeared to be fatally wounded Thursday after Sen. Kyrsten Sinema (D-Ariz.) announced she would not support changing Senate rules that have long allowed a minority of senators to block legislation."

Democrats’ hopes of finally pushing through voting rights legislation after months of Republican opposition appeared to be fatally wounded Thursday after Sen. Kyrsten Sinema (D-Ariz.) announced she would not support changing Senate rules that have long allowed a minority of senators to block legislation.

Sinema’s position, outlined in a midday floor speech, echoed her previous public statements where she defended the filibuster, the Senate’s 60-vote supermajority rule, as a tool to facilitate bipartisan cooperation and guard against wild swings in federal policy.

But the circumstances in which she reiterated it — as Senate Democratic leaders prepared to launch a decisive floor debate and less than an hour before President Biden was scheduled to arrive on Capitol Hill to deliver a final, forceful appeal for action — put an exclamation point on her party’s long and fruitless effort to counter restrictive Republican-passed state voting laws.

“While I continue to support these bills, I will not support separate actions that worsen the underlying disease of division infecting our country,” Sinema said.

She later added: “We must address the disease itself, the disease of division, to protect our democracy, and it cannot be achieved by one party alone. It cannot be achieved solely by the federal government. The response requires something greater and, yes, more difficult than what the Senate is discussing today.”

Biden, a former six-term senator, is delivering his closed-door pitch two days after he made his most pointed public case yet for the modification or elimination of the filibuster to pass voting rights bills. He chose to come and make a final push even as Sinema and Sen. Joe Manchin III (W.Va.) had shown no indication that they are prepared to move off their long-standing public opposition to weakening minority rights in the Senate.

Still, Democrats are prepared to move forward with a floor confrontation in the coming days that could bring their year-long quest to counter Republican-passed state voting restrictions to a futile and frustrating end.

Senate Majority Leader Charles E. Schumer (D-N.Y.), who called the struggle to persuade Manchin and Sinema “an uphill fight” in interviews this week, laid out a plan Wednesday to bring two key voting rights bills to the Senate floor in the coming days, setting up a final showdown over the rules early next week.

Speaking on the Senate floor Thursday morning, Schumer said Democrats had no choice but to move forward unilaterally after trying to secure Republican cooperation on voting rights for months.

“Every step of the way, we’ve been met with near total resistance,” he said. “Members of this chamber were elected to debate and to vote — particularly on an issue as vital to the beating heart of our democracy as this. I have said for months that just because Republicans have refused to work with us to protect voting rights does not mean Democrats would stop working to move forward on our own. The matter is simply too important.”

The House attached the voting legislation to a bill previously passed by the Senate in a Thursday-morning vote and sent it back across the Capitol, a maneuver that will allow Senate Democrats to skip procedural hurdles and quickly start debate on the Senate floor.

“Nothing less than our democracy is at stake,” House Speaker Nancy Pelosi said in a letter to fellow House Democrats on Wednesday. With Thursday’s vote, she said, “the Democratic House will make clear: we stand with the President — and with the people — to #FightForVotingRights.”

As the House debated Thursday morning, Senate Minority Leader Mitch McConnell (R-Ky.) accused Democrats of focusing on the divisive and distracting issue of voting rights and Senate rules instead of more pressing challenges to the nation’s economy and security.

“Nobody in this country is buying the fake hysteria that democracy will die unless Democrats get total control,” he said. “There’s a path forward for my Democratic colleagues to respond to the country they have so badly disappointed, but it isn’t to try to break the Senate and rewrite election laws, it’s to actually start tackling the issues that American families need tackled.”

After Sinema spoke Wednesday, McConnell said he “couldn’t agree more with her decision,” while other Republicans marveled that Democrats brought the issue to a head knowing Sinema’s long-standing views on the filibuster.

“She’s just expressing a frustration that they don’t appear to be listening to her,” said Senate Minority Whip John Thune (R-S.D.). “She’s been clear. She’s been public from the beginning about this, and they seem to continue to think that somehow they’re going to switch her, and the more they do that, I think the more dug in she’s gotten.”

More than a half-dozen Republicans, including top leaders McConnell and Thune, watched Sinema’s speech inside the Senate chamber, while only two Democrats opted to attend in person.

Delivering the speech wearing purple, a symbol of Washington bipartisanship, Sinema said she wished there had been “a more serious effort on the part of Democratic Party leaders to sit down with the other party and genuinely discuss how to reforge common ground” on voting rights issues. But she also said Republicans “have a duty to meet their shared responsibility to protect access to voting and the integrity of our electoral process.”

“Eliminating the 60-vote threshold on a party line with the thinnest of possible majorities to pass these bills that I support will not guarantee that we prevent demagogues from winning office. Indeed, some who undermine the principles of democracy have already been elected,” she said. “Rather, eliminating the 60-vote threshold will simply guarantee that we lose a critical tool that we need to safeguard our democracy from threats in the years to come.”

The confrontation has been nearly a year in the making, initially spurred by new voting laws passed by Republican state legislatures starting early last year that sought to scale back voting by mail, early voting, ballot drop boxes and other provisions that have made voting more convenient and accessible but which became a central focus of former president Donald Trump’s false claims that the 2020 presidential election was stolen.

Civil rights groups with close ties to Democratic Party leaders have been especially forceful in calling for action, warning that the GOP state laws threaten to depress minority turnout and swing future elections.

Republican leaders in Washington have aggressively countered the push, arguing that the state laws are justified to restore faltering public confidence in elections and that the federal government has no role in dictating how states run their elections.

In fact, the Constitution gives Congress wide latitude to regulate the conduct of federal elections, and the Senate has tried four times over the past year to pass voting rights bills. Each time, with one exception, Republicans banded together to block their advancement. (Sen. Lisa Murkowski of Alaska voted to advance one bill, the John Lewis Voting Rights Advancement Act, in November.)

The failed efforts have spurred rising interest among Democrats in changing the Senate rules to prevent future GOP blockades, and several senators who defended the filibuster under previous Republican Senate majorities have publicly said they favor creating an exception to pass a voting rights bill. Some have argued for even more thoroughgoing reforms that would change the nature of the filibuster entirely by forcing the objecting minority actually hold the floor and speak rather than simply register a silent blockade.

Biden, in a voting rights speech delivered Tuesday in Atlanta, referred to his 36 years of Senate service, describing himself as an “institutionalist” who has seen the institution wither under the stresses of political polarization, leading to an increasingly routine deployment of filibusters and to an increasingly sclerotic legislative process.

“Sadly, the United States Senate — designed to be the world’s greatest deliberative body — has been rendered a shell of its former self,” he said, calling the filibuster “weaponized and abused.”

Biden received fresh backing Wednesday from former president Barack Obama, who has previously questioned the filibuster but made his most forceful call for action in a USA Today op-ed published Wednesday night that called on the Senate to change its rules and pass the voting rights legislation over GOP objections.

“In recent years, the filibuster has become a routine way for the Senate minority to block important progress on issues supported by the majority of voters. But we can’t allow it to be used to block efforts to protect our democracy,” Obama wrote. “That’s why I fully support President Joe Biden’s call to modify Senate rules as necessary to make sure pending voting rights legislation gets called for a vote. And every American who cares about the survival of our most cherished institutions should support the President’s call as well.”

While Manchin and Sinema have been closely involved in discussions with their colleagues about the Senate rules, they have shown little appetite for breaching the 60-vote rule, which has been eroded over the years for executive nominations, budget legislation and other limited circumstances.

Manchin this week told reporters that he was not willing to change the rules without GOP buy-in, and he again defended the importance of the supermajority threshold, saying senators “need to be very cautious [about] what we do.”

“They’re coming down to crunchtime and understand the position they’re in and what they’re doing,” he said of his fellow Democrats. “But I think I’ve been very clear where I am, you know, so I hope they respect that, too.”

Sinema has made clear she supports federal legislation on voting rights but has consistently expressed reservations about changing Senate rules to pass it — a position that only solidified after she led a group that negotiated a bipartisan infrastructure bill this summer.

Last month, her office issued a statement confirming that she “continues to support the Senate’s 60-vote threshold, to protect the country from repeated radical reversals in federal policy which would cement uncertainty, deepen divisions, and further erode Americans’ confidence in our government.” She has warned publicly about the prospect that Republicans could pass severe national voting restrictions should they win the congressional majorities that Democrats enjoy now.

As the debate among Democrats has intensified in recent weeks, the tensions between Democrats and Republicans have risen as well. GOP senators have accused Democrats of hypocrisy for reneging on their previous defenses of the filibuster, and they have warned that any party-line changes to the rules will backfire — prompting hardball floor tactics and an eventual turning of the tables once Republicans regain power.

In his speech Tuesday, Biden compared the GOP opponents of the Democratic voting rights bills to those who stood against civil rights for African Americans in earlier, more violent moments in U.S. history.

“I ask every elected official in America: How do you want to be remembered?” he said. “Do you want to be the side of Doctor [Martin Luther] King or George Wallace? Do you want to be on the side of John Lewis or Bull Connor? Do you want to be on the side of Abraham Lincoln or Jefferson Davis?”

READ MORE


Mo Brooks Is the Jan. 6 Congressman Who Can't Keep His Mouth Shut'Facing a lawsuit for his Jan. 6 attack speech, Rep. Mo Brooks has put himself in a bind of his own creation.' (photo: Tom Williams/Getty)

Mo Brooks Is the Jan. 6 Congressman Who Can't Keep His Mouth Shut
Jose Pagliery, The Daily Beast
Pagliery writes: "Facing a lawsuit for his Jan. 6 attack speech, Rep. Mo Brooks has put himself in a bind of his own creation: He potentially violated his oath - or misused congressional resources."

Facing a lawsuit for his Jan. 6 attack speech, Rep. Mo Brooks has put himself in a bind of his own creation: He potentially violated his oath—or misused congressional resources.

Someone may need to tell Rep. Mo Brooks to stop talking.

The Republican congressman from Alabama keeps defending himself in court against accusations that he helped incite the Jan. 6, 2021 riot—and it’s not helping the former prosecutor in the slightest.

The particular defense Brooks has chosen seems aimed at having Justice Department lawyers mount a legal defense for him. He is arguing that his incendiary speech on Jan. 6 was part of his official duties as a congressman, a crusade he continued in federal court on Monday.

If that is the case, Brooks may have opened himself up to potential removal from office. And if it’s not the case—as prosecutors are trying to prove—then Brooks has handed prosecutors all the ammunition they’d need to charge him with misusing congressional resources.

In his shaky attempt to prove that his Jan. 6 speech was part of his official duties, Brooks has introduced evidence that his staff spent taxpayer time preparing and helping him with his Jan. 6 speech. So now, if Brooks falls back and admits his speech was a form of campaigning—as prosecutors are arguing—then he may have a whole new set of legal problems.

Brooks has created a classic ‘damned if you do, damned if you don’t’ legal conundrum.

Ciara Torres-Spelliscy, a visiting professor at American University Washington College of Law, told The Daily Beast that part of the problem was Brooks’ decision to be his own lawyer. “There’s an old phrase that ‘a lawyer who represents himself has a fool for a client.’ That seems apt,” Torres-Spelliscy said.

Brooks, a Trump loyalist who perpetuated unfounded voter fraud claims, spoke to protesters near the White House on Jan. 6. And during his 10-minute speech—while wearing a bulletproof vest—Brooks said Jan. 6 was a day for “kicking ass,” repeatedly mentioning how the ancestors of the protesters had “sacrificed their blood… and sometimes their lives.”

“Are you willing to do the same? Are you willing to do the same to fight for America?” Brooks said. “Louder! Will you fight for America?”

The crowd later surrounded the Capitol, savagely beat police officers, smashed their way into the building, tore through offices, stole furniture and electronicssearched for politicians with kidnapping tools, threatened to kill them, and erected gallows outside.

After the attack, Rep. Eric Swalwell (D-CA) sued Brooks and other speakers at the political rally, including former President Donald Trump, his son Donald Trump Jr., and hero mayor-turned-election conspiracy theorist Rudy Giuliani.

In federal court on Monday, U.S. District Judge Amit P. Mehta listened to Brooks argue his defense—one designed specifically to give him immunity by shielding him behind the government and forcing the Justice Department to fight the legal battle for him.

“Every act I took, every speech I gave... was within the scope of my employment. They are all a part of my job duty,” he told the judge, referring to his responsibilities as a member of Congress.

Brooks asserted that would include the part when he yelled to protesters, “Today is a time of choosing, and tomorrow is a time for fighting!”

William Bullock Pittard, a private attorney representing Swalwell, pointed out that Brooks wants the government he harmed to now represent him. Meanwhile, a DOJ prosecutor argued that Brooks was actually delivering a campaign speech at a Trump campaign rally.

Hilariously, the evidence was clear because it came from Brooks’ own court filings, in which he tried to explain away incendiary language by claiming that “choosing” in his speech meant “which senators and congressmen to support, and oppose, in future elections.” His speech’s “tomorrow… fighting” referred to “future elections.”

As for the part in his speech where he said, “Today is the day American patriots start taking down names and kicking ass!” the congressman’s own court filings described it as purely electioneering.

“My kicking ass comment referred to what patriotic Republicans needed to do in 2022 and 2024 elections,” he wrote back in July.

The DOJ prosecutor, Brian M. Boynton, used those assertions to ask that Judge Mehta block Brooks from gifting himself a government defense and immunity.

“It’s a bedrock principle in our democracy that the government must remain strictly neutral when it comes to elections,” Boynton said on Monday.

“I think it’s very clear on the capacity with which he was acting,” Pittard said, citing the documents as well.

By reaching for government protection, the congressman may have exposed himself to even more legal trouble—maybe even expulsion from Congress, said Jessica A. Levinson, a law school professor at Loyola Marymount University.

“Members of Congress are allowed to have very broad latitude when they use this protection. Having said that, what happened was an insurrection… and if we consider that to be the business of Congress, then we’ve really strained that definition to its breaking point,” she told The Daily Beast.

“It’s fair to say, ‘OK well, if this is how you conduct yourself officially, then you should no longer be a member of Congress. Helping someone incite an insurrection is an impeachable offense,’” she said.

Judge Mehta has not yet ruled on whether Brooks can have the Justice Department come to his rescue. But during the five-hour hearing, the judge showed little patience for the clumsy attempts by attorneys for ex-President Trump and Giuliani to whitewash or minimize the insurrection. Mehta has already presided over several criminal cases involving rioters.

If Brooks fails to convince the judge he was acting officially as a congressman and falls back on the concept that he was campaigning, he could face charges for misusing congressional resources. That’s because, once again, Brooks himself laid out in court documents how he directed his office to be involved in every aspect of the speech, starting with the plans made with the White House.

“I then delegated to my congressional staff the task to work out the details” of the speech, then typed it up “in my office at the Rayburn House office building on my congressional office computer,” he previously wrote. “I also timed, reviewed, revised, and practiced my Ellipse speech in my office.”

During his presentation before the judge on Monday, Brooks claimed there was nothing in the House rules of ethics that he violated in his speech. To make his argument, Brooks pointed to the failed Ethics Committee complaint against him by Rep. Pramila Jayapal (D-WA) last March. Although, it was clear to all those in the virtual hearing that the process merely failed on party lines.

Brooks’ congressional office did not respond to The Daily Beast’s questions about the congressman’s solo legal strategy. While he did graduate from University of Alabama’s law school in 1978, he entered politics as a state-level representative just four years later—and the state bar association currently lists him as “not authorized to practice law in Alabama.”

Legal scholars have noted that Brooks has placed himself out in the cold, alone. The House of Representatives would normally have a strong self-interest in preserving immunity for its members, regardless of party. The fact that the legislative institution refuses to come to his aid shows how egregious his conduct was, legal scholars told The Daily Beast.

“We’re in pretty uncharted legal waters here so I don’t have a prediction of what a court will do with a congressman v. congressman suit where there was life at peril at the Capitol because of an unprecedented insurrection,” Torres-Spelliscy said.


READ MORE


Virginia Beach Police Used Forged DNA Reports During Interrogations, Official SaysThe Virginia Beach Police Department used forged DNA evidence in at least five interrogations, the state's Attorney General announced this week. (photo: Eric Baradat/Getty)

Virginia Beach Police Used Forged DNA Reports During Interrogations, Official Says
Chloe Folmar, The Hill
Folmar writes: "Virginia Beach police used forged DNA reports to force confessions or cooperation during interrogations, according to a statement from Virginia Attorney General Mark Herring's (D) office."

Virginia Beach police used forged DNA reports to force confessions or cooperation during interrogations, according to a statement from Virginia Attorney General Mark Herring’s (D) office.

The police used forged documents from the Virginia Department of Forensic Science (DFS) at least five times from March 2016 to February 2020. A false report was presented in court as evidence at least once.

The documents, which were sealed with DFS information and twice signed by a fictitious DFS employee, claimed that suspects’ DNA were connected to crimes in order to coax them to confess.

The DFS discovered the police’s tactics when an assistant commonwealth’s attorney requested a certified copy of one of the false documents from the department.

“This was an extremely troubling and potentially unconstitutional tactic that abused the name of the Commonwealth to try to coerce confessions,” Herring said. “It also abused the good name and reputation of the Commonwealth’s hard-working forensic scientists and professionals who work hard to provide accurate, solid evidence in support of our law enforcement agencies. While I appreciate that Virginia Beach Police put an end to this practice and cooperated with our investigation, this is clearly a tactic that should never have been used.”

The attorney general's Office of Civil Rights (OCR) proposed a conciliation agreement to the Virginia Beach City Council after investigating the law enforcement practices. The City Council agreed to the OCR’s changes Tuesday.

The agreement included a requirement that the Virginia Beach Police Department discontinue its use of false documents and that detective bureau personnel sign a commitment to abide by the order.

The OCR notified those who were interrogated using forged documents and is requiring the department to release any further evidence of false reports to the OCR in a timely manner.


READ MORE


Prince Andrew Stripped of Military Titles and Charities Amid Sex Abuse LawsuitPrince Andrew is facing a civil sex case trial in the U.S. later this year. (photo: BBC)


Prince Andrew Stripped of Military Titles and Charities Amid Sex Abuse Lawsuit
Max Foster and David Wilkinson, CNN
Excerpt: "Britain's Prince Andrew has been stripped of his military titles and charities, Buckingham Palace announced on Thursday, a day after a judge ruled a sexual abuse civil lawsuit against the Queen's son could proceed."

Britain's Prince Andrew has been stripped of his military titles and charities, Buckingham Palace announced on Thursday, a day after a judge ruled a sexual abuse civil lawsuit against the Queen's son could proceed.

Andrew will also no longer use the style "His Royal Highness" in any official capacity, a royal source told CNN on Thursday. The source said the decision was "widely discussed" among the royal family.

"With The Queen's approval and agreement, the Duke of York's military affiliations and Royal patronages have been returned to The Queen. The Duke of York will continue not to undertake any public duties and is defending this case as a private citizen," the palace said in a statement.

The royal source also told CNN that "all of the Duke's roles have been handed back to the Queen with immediate effect for redistribution to other members of the Royal Family. For clarity, they will not return to The Duke of York."

On Wednesday, a New York judged ruled against a motion by Andrew's legal team to dismiss a civil lawsuit brought against him by Virginia Giuffre, who alleges that she was trafficked by disgraced financier Jeffrey Epstein and forced to perform sex acts with the prince at the age of 17. Andrew has vigorously denied those claims.

The allegations against Andrew -- along with his relationship with the late convicted sex offender Epstein -- had already tarnished the prince's reputation. But the prospect of a public trial that would attract global attention could put Andrew -- the third child (and reportedly the favorite son) of Queen Elizabeth II -- in an unprecedented situation for a senior British royal.

Andrew had, in 2019, stepped away from his public duties as a result of allegations and the backlash over his initial response.

Aside from the days following the death of his father, Prince Philip, in early 2021, he has rarely appeared in public since. He was even absent from publicly released photographs of his elder daughter Beatrice's wedding in 2020.

The scandal has wider implications for the royal family, which was simultaneously forced to weather criticism over Andrew's case and claims of racism from Prince Harry and Meghan, Duchess of Sussex over the past year. Buckingham Palace later described the claims as "concerning."

The case against Andrew

Giuffre brought her case against Andrew under New York's Child Victims Act, a state law enacted in 2019 which expanded the statute of limitations in child sex abuse cases to give survivors more opportunities to seek justice. An attorney for Giuffre told CNN in August that filing the civil case was to show "all perpetrators of abuse should be held accountable."

Giuffre says she was trafficked by Epstein and forced to have sex with his friends -- including the prince -- at a time when she was underage (17) in the US. She said the assaults happened in London, New York and the US Virgin Islands; that Andrew was aware she was a minor at the time; and that she had been trafficked by Epstein.

She is seeking damages "in an amount to be determined at trial," as well as attorneys' fees and other further relief "as the Court may deem just and proper," according to the lawsuit.

Andrew's attorneys filed a motion to dismiss late last year, but that effort failed on Wednesday and they must now prepare the prince to face a New York court. He could still try to negotiate a settlement with Giuffre to avoid the case going into a trial.


READ MORE



The Beijing Olympics Are Tearing Down the IOC's Oldest Myth: That Sports Are Apolitical'Let's see the Beijing Games for what they are: a stage for a rising global hegemony with serious human-rights problem.' (photo: AP)

The Beijing Olympics Are Tearing Down the IOC's Oldest Myth: That Sports Are Apolitical
Jules Boykoff, Guardian UK
Boykoff writes: "Let's see the Beijing Games for what they are: a stage for a rising global hegemony with serious human-rights problems and a democracy on a ventilator."

Let’s see the Beijing Games for what they are: a stage for a rising global hegemony with serious human-rights problems and a democracy on a ventilator

Less than a month before the Beijing Winter Olympics begin, the Games are a massive political thicket. China is earning global condemnation for its human-rights abuses against Uyghurs and other Turkic Muslims in Xinjiang Province, what Human Rights Watch calls “crimes against humanity”. The Chinese cities of Xi’an and Yuzhou are in lockdown after experiencing the largest Covid-19 outbreak that the country has seen since the early days of the pandemic. The National Hockey League yanked its players from the Games in light of coronavirus concerns. Olympic qualifying events are in disarray, wracked by positive Covid cases. A diplomatic boycott by the US, Australia, Britain and Canada has only added to the mayhem.

When the Biden administration announced its diplomatic boycott of the Beijing Games, a spokesperson from China’s foreign ministry responded that the Olympics were “not a stage for political posturing and manipulation”, adding that the boycott was “a grave travesty of the spirit of the Olympic charter” and “a blatant political provocation”.

Hypocrisy abounds in every direction. The Chinese official was right: a diplomatic boycott is a political act, just as China’s boycott of the 1980 Moscow Olympics over the host country’s invasion of Afghanistan was political. While Guantánamo remains open under the Biden administration and home to ‘forever prisoner’ Abu Zubaydah – who withstood CIA waterboarding more than 60 times – the president’s finger waggling looks duplicitous. But when it comes to the hypocrisy Olympics, the International Olympic Committee takes the gold. The group that oversees the Games was the real perpetrator of “a grave travesty of the spirit of the Olympic charter” when, back in 2015, it selected Beijing to host even though it knew full well at the time that China was engaging in extreme human-rights violations that clashed mightily with the Olympic charter’s commitment to “the preservation of human dignity”.

The IOC’s hypocrisy is legendary. From behind the public-relations lectern the group eschews politics while simultaneously taking credit for convincing political leaders from North and South Korea to create “unified” hockey teams competing under one flag at the 2018 Pyeongchang Winter Games. The IOC trumpets its high-level political negotiations with the Taliban to secure safe passage for Afghan athletes. In 2001, when Beijing was vying for the 2008 Summer Olympics, the city’s bid team pledged that hosting the Games would jump-start political and human rights in China, a claim the IOC used to justify its selection. This human-rights dreamscape never arrived. It’s telling that today, neither China nor the IOC are vowing that the Olympics will spur democracy.

The IOC’s willful gullibility reemerged when it meekly intervened in the case of Peng Shuai, the three-time Olympian in tennis who accused a high-level Chinese politician of sexual coercion. IOC president Thomas Bach held a 30-minute video call with the athlete and then issued a statement that she was “safe and well”. This was more a blatant publicity stunt designed to ensure that the Beijing Games proceeded apace than a sincere effort to appraise the athlete’s well-being. Peng later retracted her allegations under suspicious conditions.

The Beijing Olympics are about so much more than sport. The US diplomatic boycott arrives amid escalating tensions between China and numerous western nations. In the US, China has become a bi-partisan punching bag, with politicians on both sides of the aisle making evidence-free claims that would make McCarthy blush. This feeds oversimple narratives that juxtapose a freedom-loving USA against a diabolical Chinese state. In turn, this sanctimonious outlook stokes the US war machine; when Congress passed the whopping $770bn defense bill, which included $24bn more than Biden requested, analysts rationalized the uptick by citing China as a rising geopolitical threat. This saber-rattling ignores the fact that the US has around 750 military bases circling the world while China has only one, and it comes at a time when US-China cooperation is vital on climate change and other security matters.

Moreover, US politicos are swift to slam China while ignoring human-rights abuses for which they are responsible, from kids in cages at the Mexico border to unquestioning support for Israel (a country Human Rights Watch recently described as carrying out “crimes against humanity of apartheid and persecution” against Palestinians) to the homelessness situation in the US, a humanitarian crisis in plain sight (in Los Angeles, the 2028 Olympic host, around 1,500 unhoused residents have died since the coronavirus pandemic began). The demonization campaign is working: in 2021, the Pew Research Center found that 67% in the US held negative feelings toward China, an increase of 21% since 2018.

In a sense, the IOC is complicit in escalating tensions between China and the US, and it has placed athletes in the middle of the imbroglio. On one hand you have an obvious human-rights abuser as host and on the other you have the IOC twiddling its thumbs as it prepares to count its money. In this ethical vacuum, pressure is building on athletes to step up and lead – some academics and activists are even calling on athletes to boycott the Games. Olympic athletes are in a vexing position, but it’s the International Olympic Committee that has placed them there. Athletes have no say where the Olympics go, and when the IOC hands the Games to a repressive host, Olympians all too often bear the brunt. The IOC has a slogan, “Putting Athletes First”. But when the IOC handed the Olympics to Beijing, it actually put athletes among the last.

The IOC continues to hide behind its thin scrim of apoliticism despite abundant evidence to the contrary. If nothing else, the 2022 Beijing Games should be the death knell of the risible myth that the Olympics are not political. Sports are never simply sports. Let’s see the Beijing Games for what they are: a stage for a rising global hegemony with serious human-rights problems and a democracy on a ventilator.


READ MORE


Pipeline Spills 300,000 Gallons of Diesel Near New Orleans, Killing Fish, Other AnimalsA cleanup crew works at the site of a diesel spill in this undated image, just outside New Orleans. More than 300,000 gallons of diesel spilled on Dec. 27, 2021. (photo: AP)


Pipeline Spills 300,000 Gallons of Diesel Near New Orleans, Killing Fish, Other Animals
Associated Press
Excerpt: "A severely corroded pipeline ruptured and spilled more than 300,000 gallons of diesel fuel just outside New Orleans after needed repairs on the line were delayed by its operator, according to federal records."

A 2020 inspection revealed external corrosion along a 22-foot section of pipe in the same area as the spill.

A severely corroded pipeline ruptured and spilled more than 300,000 gallons of diesel fuel just outside New Orleans after needed repairs on the line were delayed by its operator, according to federal records.

Most of the fuel drained into two artificial ponds called “borrow pits” and thousands of fish, birds and other animals were killed, state and local officials said. Most of the fuel was recovered, according to the pipeline owner.

The spill from the 16-inch-diameter line operated by Collins Pipeline Co. was discovered Dec. 27 near a levee in St. Bernard Parish, just east of New Orleans, according to documents from the Pipeline and Hazardous Materials Safety Administration.

An inspection of the 42-year-old Meraux Pipeline more than a year earlier, in October 2020, revealed external corrosion along a 22-foot section of pipe in the same area as the spill. But repairs were delayed and the line continued operating after a subsequent inspection indicated the corrosion was not bad enough to require work immediately under federal regulations, according to the pipeline agency.

The spilled fuel also contaminated soil in an environmentally sensitive area near the Mississippi River Gulf Outlet, a closed canal, according to state and federal officials. A small amount of diesel remains in the two borrow pits, said Louisiana Department of Environmental Quality spokesman Gregory Langley.

The spill killed 2,300 fish and more than 100 other animals, including 39 snakes, 32 birds, a few eels and a blue crab, according to statistics provided by Robert “Trey” Iles, a spokesman for the Louisiana Department of Wildlife and Fisheries.

Nearly 130 animals — 72 alligators, 23 birds, 20 snakes and 12 turtles — were captured for rehabilitation, he said.

Diesel is a highly toxic petroleum product that can kill fish and plants that come into direct contact with it, according to the National Oceanic and Atmospheric Administration. Fuel from small spills can evaporate or disperse naturally in just a couple of days but larger spills can take months to degrade.

A pipeline safety advocate said it was “maddening” that the corrosion was known about for more than a year prior to the spill yet fuel kept flowing through the 125-mile-long line from Chalmette to a storage terminal in Collins, Mississippi.

“It’s especially maddening to learn that Collins Pipeline’s initial analysis deemed the pipe in such poor condition that it warranted an immediate repair,” said Bill Caram with the Pipeline Safety Trust. The Bellingham, Washington-based organization advocates for more stringent oversight of the nation’s sprawling network of pipelines transporting oil, natural gas and other hazardous fuels.

Collins Pipeline is a subsidiary of Parsippany, New Jersey-based PBF Energy Inc., which owns six petroleum refineries in the U.S. including the Chalmette Refinery in St. Bernard Parish.

The company has repaired the line since the spill and resumed operations, PBF Vice President Michael Karlovich told The Associated Press in an email Wednesday.

Karlovich said work to recover fuel that spilled into the artificial ponds had been completed with about 323,000 gallons of diesel collected — a figure that includes both spilled fuel and diesel that was remaining inside the pipeline after the accident. He did not provide a breakdown.

“Although we continue to remediate and monitor the area, on-water recovery operations have been completed,” Karlovich said. He said the site was about 4.5 miles from the Mississippi River, not just a few hundred feet away as federal officials had said.

In an order to PBF Chairman Thomas Nimbley describing the steps the company had to take before it restarted the line, the associate administrator of the federal pipeline safety agency, Alan Mayberry, identified the probable cause of the spill as “localized corrosion and metal loss” based on preliminary reports.

More than two months before the spill, a PBF Energy representative said in an October 2021 email to federal pipeline regulators that the company had completed repairs on another flawed section of the line, but was still awaiting approval to address the corrosion found in the vicinity of the rupture site, according to federal records.

The company already had reduced pressure inside the line in November 2020, shortly after the corrosion was first found. The company reduced the pressure it slightly more in November 2021 because it had not repaired the line within a time frame required under federal regulations, according to pipeline officials.

The spill had not been previously publicly reported.

Federal regulators have initiated six enforcement cases against Collins Pipeline since 2007. They include a 2021 warning letter alleging management problems at the company’s pipeline control room in Texas and a 2011 warning for not conducting external corrosion tests frequently enough, federal records show.

No fines or other penalties were levied against the company, according to the records.


READ MORE

 

Contribute to RSN

Follow us on facebook and twitter!

Update My Monthly Donation

PO Box 2043 / Citrus Heights, CA 95611







"Look Me In The Eye" | Lucas Kunce for Missouri

  Help Lucas Kunce defeat Josh Hawley in November: https://LucasKunce.com/chip-in/ Josh Hawley has been a proud leader in the fight to ...